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HomeMy WebLinkAbout2015 Resolution No. 086t. RESOLUTION NO . ~ SERIES OF 2015 A RESOLUTIO N AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BET WEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 2016 THROUGH DECEMBER 31, 2017. WHEREAS, the City Council of the City of Englewood authorized a "Collective Bargaining Agreement" with the Englewood Employees Association for January 1, 2014 through December 31, 2015 with Resolution No. 64, Series of2013; and WHEREAS, the City of Englewood and the Englewood Employees Association entered into negotiations in May, 2015 in accordance with the Englewood City Home Rule Charter and the contract provisions; and WHEREAS, the members of the Englewood Employees Association, duly ratified by a majority vote, the 2016-2017 collective Bargaining Agreement; and WHEREAS, the Contract is two years in duration; and WHEREAS, the significant changes from the current Contract, are as follows: • Under Article 2. DURATION OF CONTRACT -employees covered by the Contract may reopen negotiations for Article 8. COMPENSATION -prior to May 15, 2016. • Under Article 8. COMPENSATION -employees covered by this Contract will receive a 2-4% increase, based on their evaluation, on 2015 base wage rate, on their anniversary. A wage reopener for 2017 has been agreed upon under Article 2. • Under Article 17. HOLIDAYS -employees covered by the Contract will be eligible to receive two and one-halftimes the employee's regular hourly rate for hours actually worked on the holiday. • Under Article 18. UNIFORM CLEANING ALLOWANCE-employees covered by the Contract will be eligible to receive up to a maximum of $200 of required work shoes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby approves the Collective Bargaining Agreement between the Englewood Employees Association and the City of Englewood for the period of January 1, 2016 through December 31, 2017, a copy of which is attached hereto as Exhibit A. 1 Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest this Collective Bargaining Agreement between the Englewood Employees Association and the City of Englewood, Colorado, for the period of January 1, 2016 through December 31, 2017. ADOPTED AND APPROVED this 6th day of July, 2015. I, Loucrishia A. Ellis, City Clerk for~ ~ity of Englewood, Col above is a true copy of Resolution No._)('_,~_, Series o 2015. 2 ' , .. COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ENGLEWOOD ANDTIIB ENGLEWOOD ElVIPLOYEES ASSOCIATION JANUARY 1, 2016 -DECEMBER 31, 2017 . . ._....,;.__ • 1 INDEX PAGE ARTICLE 1 INTRODUCTION 1 ARTICLE2 DURATION OF CONTRACT 3 ARTICLE 3 RECOGNITION 4 ARTICLE4 EMPLOYEE RIGHTS 5 ARTICLES HOURS OF WORK 6 ARTICLE6 OVERTIME WORK 7 ARTICLE 7 ACTING PAY 8 ARTICLE 8 COMPENSATION 9 ARTICLE9 LONGEVITY COMPENSATION 10 ARTICLE 10 ANNUAL LEA VE 11 ARTICLE 11 PERSONAL LEA VE 12 ARTICLE 12 SHORT TERM DISABILITY (STD) 13 ARTICLE 13 WORKERS' COMPENSATION 15 ARTICLE 14 MILITARY LEA VE 16 ARTICLE 15 FUNERAL LEA VE 17 ARTICLE 16 JURY DUTY AND WITNESS SERVICE 18 ARTICLE 17 HOLIDAYS 19 ARTICLE 18 UNIFORM CLEANING ALLOWANCE 20 ARTICLE 19 TUITION REIMBURSEMENT/DEGREE ACHIEVEMENT 21 RECOGNITION ' . . . ARTICLE20 LIFE INSURANCE 22 ARTICLE21 INSURANCE 23 ARTICLE22 RETIREE HEALTH INSURANCE ASSISTANCE 24 ARTICLE23 PENSION/RETIREMENT PLANS 25 ARTICLE 24 LAYOFF 26 ARTICLE25 LEA VE OF ABSENCE (WITHOUT PAY) 27 ARTICLE26 GRIEVANCE PROCEDURE 28 ARTICLE27 WRITTEN CORRECTIVE ACTION 30 ARTICLE28 DUES DEDUCTION 31 ARTICLE29 ASSOCIATION ACTIVITIES 32 ARTICLE 30 STANDBY PAY 33 ARTICLE 31 CALLBACK 34 ARTICLE32 LABOR MANAGEMENT COMMITTEE 35 ARTICLE 33 EXCLUSIVENESS OF CONTRACT 36 11 CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD EMPLOYEES ASSOCIATION ARTICLE 1. INTRODUCTION This contract entered into by the City of Englewood, Colorado, and the Englewood Employees Association has as its purpose the promotion of harmonious relations between the City of Englewood and its Employees, a fair and peaceful procedure for the resolution of differences; the establishment of rates of pay and hours of work, and other conditions of employment as set out in the City Charter. Except where limited by express provisions elsewhere in this contract, nothing in this contract shall be construed to restrict, limit or impair the rights, powers and authority of the City as granted to it under the laws of the State of Colorado and the City's Charter and Municipal Code. The rights, powers, and authority include, but are not limited to, the following: A. To determine the overall mission of the City as a unit of government. B. To maintain and improve the efficiency and effectiveness of City operations. C. To determine the services to be rendered, the operations to be performed, the technology to be utilized, or the matters to be budgeted. D. To determine the overall methods, processes, means, job classifications or personnel by which City operations are to be conducted. E. To direct, supervise, hire, promote, transfer, assign, schedule, retain or lay-off employees. F. To suspend, discipline, discharge, or demote for just cause, all full-time permanent classified employees. G. To relieve employees from duties because of lack of work or funds, or under conditions where the City determines continued work would be inefficient or nonproductive. H. To take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified herein or limited by a collective bargaining contract. I. To take any and all actions to carry out the mission of the City in cases of emergency. ' 1 . , J. Nothing contained herein shall preclude the City from conferring with its employees for purposes of developing policies to effectuate or implement any of the above enumerated rights. The City retains the right to change any past practice which is not in violation of this contract. In the event a past practice is sought to be changed by the City Manager or department directors, the Englewood Employees Association will be provided reasonable written notice of the intended change. The Englewood Employees Association retains the right to grieve any change in practice which is in violation of this contract. 2 ARTICLE 2. DURATION OF CONTRACT A. This contract will take effect on January 1, 2016, and shall continue in force to and including December 31, 2017, provided that either party may reopen negotiations for Article 8, Compensation, by giving written notice of intent to negotiate Article 8 (B) prior to May 15, 2016. B. This contract or any part of it may be terminated or renegotiated at any time by mutual consent of both parties. C. If any article or section of this contract should be held invalid by operation of law or any Court of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such Court, the remainder of this contract shall not be affected thereby and this contract shall remain in full force and effect, and the parties shall promptly meet and negotiate for the purpose of attempting to arrive at a mutually satisfactory replacement for such article or section. D. The parties agree and understand that provisions relating to employees covered by this contract shall in no way displace or modify present or future statutory case law of the State of Colorado. E. The parties acknowledge that during negotiations which resulted in this contract, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for contract negotiations and that the understandings and agreements arrived at by the parties after this exercise of that right and opportunity are set forth in the contract. 3 ARTICLE 3. RECOGNITION The City recognizes the Englewood Employees Association as the sole organization certified pursuant to the provisions of the Charter of the City of Englewood as the exclusive representative for the public employees within the following bargaining unit: Included: All full-time, classified employees of the City. Excluded: All supervisory, managerial, confidential, part-time, temporary, and contractual employees, and all employees hired through the use of Federal, State or other outside funding sources for special projects or programs, and all others who may be determined prior to or during the life of this contract as provided under the City Charter. 4 ARTICLE 4. ErvfPLOYEE RIGHTS A full-time classified employee who is not excluded per Article 3. (Recognition) of this contract shall have the right: A. To fonn, join, support or participate in, or to refrain from fanning, joining, supporting, or participating in the employee organization or its lawful activities; and B. Bargain collectively through their certified employee representative. C. No employee shall be interfered with, restrained, coerced or discriminated against because of the exercise of these rights nor shall the right of an individual employee to discuss employment concerns with the City be infringed upon. 5 ARTICLE S. HOURS OF WORK All departments, functions or activities shall observe office and working hours necessary for the efficient transaction of their respective services. A . All employees covered by this contract shall work at least forty ( 40) hours per week. The work week shall consist of five (5) eight-hour shifts, or other work schedules as detennined by the department director per the "Modified Workweek Schedules" policy. All employees shall be scheduled to work a regular work schedule and each shift shall have a regular starting and quitting time. Should the work schedule be changed, affected employees will be notified 24 hours in advance except in the case of an emergency as determined by the department director. B. Employees shall be entitled to two (2) paid rest periods not to exceed fifteen (15) minutes or one (I) thirty (30) minute rest period for each shift worked. Rest periods shall be under the control of the supervisor or department director. C. When possible, employees who work beyond their regular quitting time into an overtime situation will be eligible for a fifteen (15) minute rest period before they begin the overtime work. When possible, additional rest periods will be granted under the control of the supervisor or department director similar to rest periods granted under subparagraph B. above. D. When necessary, employees shall be granted a fifteen (15) minute personal clean- up period prior to the end of each shift. The clean-up period shall be under the control of the supervisor or department director. E. All employees will be granted an unpaid lunch period during each shift. As a normal occurrence, this lunch break will commence between the beginning of the third hour and the beginning of the sixth hour of the shift. An employee and supervisor may agree to waive this time limit due to work related or personal issues. See City of Englewood Administrative Policy # 2, "Hours of Work/Overtime", and Policy #3, "Meal Breaks", for further clarification. 6 ARTICLE 6. OVERTIME WORK A. For all employees covered by this contract, except as specified below, duties performed over and above the assigned work schedule shall be considered overtime. B. FLSA non-exempt (hourly) employees shall be compensated for overtime work at the rate of one and one-half (1-1/2) times the normal pay rate or compensatory time off, computed at the rate of one and one-half (1-1/2) times. Because compensatory time is accrued _at one and one-half (1-1/2) times, it shall not be considered as "hours worked" for purposes of overtime calculation. The City retains the right to assign overtime work to any employee qualified to perform the work. 7 ARTICLE 7. ACTING PAY All persons appointed to an acting position, at the sole discretion of the Director, will be compensated at the minimum rate of the acting position pay range or 5% above the employee's current rate of pay, whichever is greater. The employee must be in an acting capacity for thirty (30) consecutive calendar days before said employee becomes eligible for acting pay. Such pay will be retroactive to the first day the employee assumes the responsibility of the position. See City of Englewood Administrative Policy Manual, Policy #1, "Acting Pay'' for discussion of acting pay for positions not covered by this contract. 8 ARTICLE 8. CO1\1PENSATION The City's pay philosophy is to position the maximums of EEA pay grades at the median of the maximums of the market. A. RECLASSIFICATION OF POSITIONS If a job is reclassified to a grade higher than it occupied prior to the Salary Survey (as defined in the Compensation and Classification Plan document) the incumbent's pay will remain the same until his/her next Performance Evaluation. If however, the employee's pay at the time of reclassification is below the minimum of the new grade range, it will be brought to the minimum of the new grade range prior and in addition to any increase based upon ~e Performance Evaluation score as described below. B. WAGE INCREASES Beginning January 1, 2016 through December 31, 2016, employees whose wages are below the maximum point of their grade range are eligible for a base pay building developmental increase, from 2% to a maximum of 4%, on their annual evaluation date. An employee's increase percent is based on the score received on his/her Performance Evaluation, not to exceed the maximum of the grade range. Rating Scale 1% -2.99% evaluation score= 0% increase 3%-3.99% evaluation score = 2% -2.99% increase 4%-4:99% evaluation score = 3% -3.99% increase 5% evaluation score= 4% increase Employees who have progressed through the developmental zone and reached the maximum of their grade range will no longer be eligible for base pay building increases. They will, however, be eligible for a one-time, lump-sum, Merit Pay award. The Merit Pay award is based on the score received on the employee's Performance Evaluation. Employees in the developmental zone whose evaluation scores would raise their pay above the maximum of the range, will be given base pay increases to the maximum of the grade range only. Any additional award will be non base building and awarded in the form of Merit Pay. Note: Regardless of the Total Score on the Perfonnance Evaluation, no pay increase or Merit Pay award will be granted if an employee is on a Perfonnance hnprovement Plan in any area. Once the conditions of the PIP have been met, the employee will receive the appropriate increase, retroactive to the PIP completion date. C. A change in the evaluation date will result when: (1) The employee is on leave without pay. (See Article 27) Leave of Absence (Without Pay) (2) The employee terminates his/her employment and later is reemployed. The new evaluation date shall be determined by his/her new employment date. (3) The employee is promoted, demoted or transferred. 9 .. Fundamental changes to the above will be made only with prior consultation and review with association representatives. ARTICLE 9. LONGEVITY COMPENSATION Effective January 1, 1984, and thereafter, all new hires shall not be eligible for longevity compensation. IO ARTICLE 10. ANNUAL LEA VE Employees covered by this contract shall earn annual leave each pay period as follows: Length.of Hours per Hours per Earning Service Pay Period ·· Year Limits I. 0-4 Years 3.08 80 208 Hrs. (thru 48 mos.) 2. 5-9 Years 4.62 120 288 Hrs. (49 thru 108 mos.) 3. Io+ Years 6.15 160 368 Hrs. (109+mos.) Accumulation of annual leave shall neither be authorized nor computed for any purpose after the maximum earning limit has been reached. Part time service is not included in the "length of service" calculation for annual leave eligibility. The schedule for use of annual leave shall be determined by the needs of the department. Annual leave shall be taken at the time convenient to and approved by the department director or supervisor. However, the City will make reasonable efforts to accommodate the request of an employee to use annual leave where a genuine emergency situation exists. Annual Leave Pay The rate of annual leave pay shall be the employee's regular straight time hourly rate of pay for the employee's regular job. Annual leave shall be allowed only to the total hourly amount accumulated up to and during the pay period in which the leave is taken. · Work During Annual Leave If, after the employee has begun his/her annual leave and the City requires the employee to work during the scheduled annual leave period, the employee will not be charged with vacation time for the number of hours worked. Annual Leave Pay Upon Separation When an employee terminates employment with the City, they will be compensated for unused annual leave earned as of the date of separation. Annual leave is not to be used to extend an employee's date of separation. 11 ARTICLE 11. PERSONAL LEA VE All employees covered by this contract shall be granted 48 hours of personal leave time with pay which an employee is entitled to use for the following purposes: A. Employee's own illness/injury B. Illness/injury of employee's family C. To attend to personal business For any employee who has not used the 48 hours of personal leave by the end of October of each calendar year, the unused hours will be converted to annual leave. Personal leave shall be scheduled and administered under the direction of the department director or supervisor. In the event of illness/injury in which personal leave is requested, shift work employees shall notify their supervisor at least one (1) hour prior to their scheduled reporting time. Personal leave shall be prorated for employees beginning and terminating employment with the City. 12 ARTICLE 12. SHORT TERM DISABILITY (STD) (Formerly Temporary Disability-Non Job-Related) Short term disability (STD) granted for non-service connected injury or illness of an employee with at least ninety (90) days of service with the City, whose disability prevents the employee from performing his/her duties. STD is paid at 100% of the employee's regular hourly rate. The City agrees to provide employees covered by this contract STD leave with pay for employees absent as a result of illness/injury as follows: 91 days-4 years (thru 48 mos.) 5-9 years (49 thru 108 mos.) 10+ years (109+mos.) 347 working hours 520 working hours 693 working hours STD leave shall not be accumulative. January 1 of each year the City shall restore 100% of the number of hours used by an employee during the preceding year as follows: 91 days-4 years 5-9 years l0+years Utilization up to a maximum of 173 working hours up to a maximum of 260 working hours up to a maximum of 34 7 working hours A. Authorization for STD leave with pay shall only be granted after the first normal daily shift of disability. The elimination shift to access STD shall be taken and paid in the following order: personal leave, annual leave, compensatory time. If all accrued leaves have been exhausted, the elimination shift shall be taken as leave without pay. B. Authorization for STD shall only be granted for personal illness or injury, not service connected, including maternity related disability. See City of Englewood Administrative Policy #31, "Family and Medical Leave Act (FMLA)". Sick Leave Option All sick leave accrued by permanent employees prior to January 1, 1980 shall vest with the employee, and may be used in the following manner: A. After exhausting STD hours. B. By cashing in all accrued sick leave accumulated under the previous plan upon normal retirement from the City at the rate of one hour's pay for each two hours of accrued sick leave or one hour's pay for each four hours upon separation from the City. 13 C. By cashing in accrued sick leave, once each year at the conversion rate of four (4) hours sick leave for one (1) hour pay, not to exceed a conversion of more than 400 hours each year. Reporting of STD ,' The employee or a member of the employee's household shall notify the employee's supervisor at least one hour prior to the employee's scheduled reporting time. No STD leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employee's work shift. Verification of Disability If absence from work is three (3) days or more, a medical release must be provided to the employee's supervisor, who will forward it to Human Resources for possible Family and Medical Leave qualification. Abuse of STD Abuse of STD occurs when an employee misrepresents the actual reason for requesting STD or when an employee uses SID leave for unauthorized purposes. An employee who makes a false claim for STD leave shall be subject to disciplinary action up to and including termination. 14 ARTICLE 13. WORKERS' COMPENSATION A. For any on-the-job injury which causes an employee to be absent from work as a result of such injury, the City shall pay to such employee his/her full wages from the first day of his/her absence from work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefits under workers' compensation. The City requires any employee on workers' compensation to submit to an examination(s) by City-appointed physician(s) at the City's expense or under the provision of workers' compensation. If the injury or illness results in an absence of over 90 days, the employee may request to supplement the 66&2/3% wage benefit granted by the provisions of workers' compensation with personal leave, annual leave or sick leave (if applicable). Short term disability is available only for non work related illnesses or injuries, so cannot be used as a supplement to the workers' compensation benefit. B. All workers' compensation injuries shall be reported to the employee's supervisor within 24 hours of the injury or before the employee leaves his/her department of employment. 15 ARTICLE 14. MILITARY LEAVE The authority for this policy is derived from the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and Section 28-3-601 C.R.S. through Section 28-3-607 C.R.S. The City is obligated to grant military leave without loss of pay for absences not exceeding fifteen (15) days in any calendar year. Fifteen (15) days equates to fifteen 8-hour days, or 120 hrs. The City cannot require an employee to use annual leave for such purposes. The employee may, however, request use of vacation, compensatory time, or leave without pay to supplement absences exceeding those covered by the fifteen (15) day military leave allowance. Military leave of absence will result in no loss of any condition of employment that would have normally occurred if the employee had not been absent for such purposes. Employees are responsible for providing their department directors copies o_f all military orders that will result in a leave of absence for active military duty. Employees are also required to notify their supervisors at the earliest possible date upon learning of scheduled military duty. Employees who fail to return to work according to the provisions ofUSERRA and Section 28-3-601 C.R.S. through Section 28-3-607 C.R.S. are subject to disciplinary action up to and including termination. Employees must remit to the City any pay received by the military for the period of time the employee is on paid military leave. This remittance shall occur immediately upon receipt of the military pay (in instances that the military pay is greater than the employee's City pay, the employee may elect to forego City paid military leave). The City will make a reasonable effort to adjust work schedules and assignments to accommodate employees fulfilling military obligations. 16 ARTICLE 15. FUNERAL LEA VE Full-time employees are eligible for up to forty (40) hours of funeral leave. Annual or personal leave may be requested if additional time off is necessary. Funeral leave applies to members of the employee's family. For purposes of this policy, "Employee's Family" will mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers, and sisters of the employee or of the employee's spouse. · 17 ARTICLE 16. JURY DUTY AND WITNESS SERVICE Leave will be granted to an employee called for jury duty or to appear as a witness in his/her official capacity in obedience to a subpoena or direction by legal authority. The employee will receive their regular salary for jury duty served. Any jury pay will be reimbursed to the City. The employ ee may ret ain any re imbursements for mile age and parking. Employee s on jury duty or called as a witness in their official, City capacity will be expected to work as much of their regularly scheduled workday as their jury duty schedule or appearance in court permits. When an employee is subpoenaed as a witness in private litigation to testify, not in his/her official capacity but as an individual, accumulated leaves will be used to cover the time absent. All accumulated leaves must be exhausted before the time absent can be taken as leave without pay. Employees will not be paid overtime or earn compensatory time for time served as a juror or a witness. Overtime is computed on hours actually worked over forty (40) hours at the assigned job. An employee must return to work after being excused from jury duty if there are more than two (2) hours left in their regularly, scheduled workday. 18 ARTICLE 17. HOLIDAYS A. The following days shall be considered official holidays by the City and all employees covered by this contract shall be entitled to ninety-six (96) hours of holiday pay: 1. New Year's Day: January 1. 2. Martin Luther King Day: the third Monday in January. 3. President's Day: the third Monday in February. 4. Memorial Day: the last Monday in May. 5 Independence Day: July 4. 6 Labor Day: the first Monday in September. 7 Veteran's Day: November 11. 8. Thanksgiving Day: the fourth Thursday in November. 9 Fourth Friday of November following Thanksgiving Day. 10 Christmas Eve: December 24. 1 1. Christmas Day: December 25. 12. New Year's Eve Day: December 31. B. Any employee covered by this contract who does not perform duty scheduled on the working days or have approved paid leave immediately prior to and following a holiday shall not receive pay for the holiday. C. Employees required to work on an official City holiday will receive approved holiday pay at two and one half times the employee's regular hourly rate for holiday hours actually worked up to 8 hours. Hours worked over 8 hours will be paid at the overtime rate (time and one-half). For departments permitting other holiday compensation options, the procedures are as follows: i. Approved overtime pay (time and one-half) for number of hours actually worked on the holiday IN ADDITION TO up to 8 hours of holiday leave to bank and take at a later date: OR ii. Approved holiday pay at two and one-half times the employee's regular hourly rate for hours actually worked on the holiday. D. When one of the foregoing holidays falls on a Sunday, the following Monday shall be observed as the legal holiday. When any of the foregoing holidays fall on a Saturday, each employee shall be entitled to a day off for such holiday, which day off shall be scheduled as the City Manager determines, but no specific day shall be observed as a holiday for purpose of closing City offices and functions. See City of Englewood Administrative Policy #33, "Official Holidays", for further clarification. 19 ARTICLE 18. UNIFORM CLEANING ALLOWANCE If an employee is required to wear a uniform, the employee shall wear the uniform only as authorized by the department work rules. The City will provide uniforms, cleaning and replacements. The City will provide required work shoes up to a maximum of $200 per year with department director approval. All employees shall maintain a presentable appearance while on duty. The employee is responsible for any damage to the uniform by negligence or deliberate act. 20 ARTICLE 19. TUITION REIMBURSEMENT/ DEGREE ACHIEVEMENT RECOGNITION See City of Englewood Administrative Policy #29, "Tuition Reimbursement/Degree Achievement Recognition". 21 ARTICLE 20. LIFE INSURANCE Term life insurance will be provided by the City for employees covered by this contract in the amount of one time his/her annual salary. Upon separation from employment, the employee may convert the life insurance per the life insurance plan conversion agreement in place at the time of his/her separation from employment. 22 ARTICLE 21. INSURANCE A MEDICAL The City will pay ninety percent (90%) of the premium cost for "employee only" coverage, eighty-five percent (85%) of the premium cost for "employee plus one " coverage and eighty percent (80%) of "family" coverage for the medical insuraJ1ce plan designated as the basic City plan. Employees will pay 10%, 15% or 20% of the premium ~ost, depending on the level of coverage. If the City offers any optional medical insurance plan(s), the employee will pay the difference between the City's contribution described above and the premium cost of the optional plan chosen. B. DENTAL The City will pay ninety percent (90%) of the premium cost for "employee only" coverage, eighty-five percent (85%) of the premium cost for "employee plus one" coverage and eighty percent (80%) of the premium cost for "family" coverage for dental insurance. Employees will pay either ten percent (10%), fifteen percent (15%), or twenty percent (20%) of the premium cost for dental insurance, depending on the level of coverage. C Any dispute concerning the interpretation or application of benefits provided under the health or dental plans shall be subject to the pl an appeal process. It is expressly understood that this article is a non-grievable item under this contract. 23 ARTICLE 22. RETIREE HEAL TH INSURANCE ASSISTANCE Retirees will be guaranteed conversion privileges to the Health Insurance Conversion Plan available through the City. For those who retired prior to December 31, 1996, the City will pay $50 per month. For retirees after January 1, 1997, the City will pay $75 per month. For those who retire on or after January 1, 2010, the City will pay $100 per month. For purposes of this Article, "retiree" shall be defined as all employees who separate from the City at age 55 or older and have completed 15 years of continuous, permanent, full-time service (immediately preceding the date of separation). See City of Englewood Administrative Policy #66, "Retiree Health Assistance". 24 ARTICLE 23. PENSION/RETIREMENT PLANS The pension plan description for employees covered by this contract is set forth in Title III, Chapter 4 of the Englewood Municipal Code. Additionally, the plan description for the Non- Emergency Employees Money Purchase Plan is available for inspection in the Department of Finance and Administrative Services. 25 ARTICLE 24. LAYOFF A. Whenever there is lack of work, lack of funds, or under conditions where it is determined that continued work would be inefficient or nonproductive, requiring reductions in the number of employees, the appointing authority shall designate the department and positions in which the layoff is to be made. In identifying individual employees to be laid off, the appointing authority shall consider the relative ability of all employees within the position classification, taking into account the employee's documented performance history and then seniority with the City. B. Employees laid off shall be put on a recall list for one year following their layoff. Employees recalled from layoff into the same job classification shall be recalled in inverse order of layoff. If they are recalled into a different position, those recalled must have the demonstrated ability and qualifications to perform the available work as determined by the City. No new employees shall be hired into positions covered by this contract until all employees on layoff status desiring to return to work have been recalled. C. Employees identified for layoff shall have the right to displace an employee in any position classification which the employee formerly held in the department, taking into account both the employees' documented performance history, demonstrated ability and then seniority with the City. The employee ultimately displaced shall then be the person laid off unless that employee in tum has effective displacing rights under the provisions of this article. 26 ARTICLE 25. LEA VE OF ABSENCE (WITHOUT PAY) After twelve months of continuous service and upon approval of the department director, in concurrence with the Human Resources Director, employees may be granted an unpaid leave of absence ofup to one year for compelling personal reasons not related to Family and Medical Leave reasons. All accrued, paid leave must be exhausted before the beginning of the unpaid leave of absence. Employees on such leave do not accrue personal leave, annual leave or longevity pay. Employees on unpaid leave of absence are not eligible for holiday, jury, military, funeral or administrative leave. When an employee is on an unpaid leave of absence, he/she will remain in the City health and dental insurance plans, provided the full premium is paid by the employee. The employee may retain the benefit accrual rate they were eligible for at the beginning of the unpaid leave, provided the employee returns to work with the City on the agreed upon date. Upon return, the employee's hire date will be adjusted if the leave has exceeded thirty (30) calendar days. An employee who engages in other employment, including self-employment, while on official leave of absence, will be terminated effective as of the last day worked, unless prior written approval has been obtained from the Human Resources Department. Employees on an approved leave of absence, who fail to report for work by the first day after the expiration date of the leave of absence or a properly approved extension, will be terminated from their employment with the City as of the last day actually worked. 27 ARTICLE 26. GRIEVANCE PROCEDURE A grievance is defined as a claim or dispute by an employee covered by the terms of this contract concerning an alleged violation of a specific provision of this contract. The employee shall be required to follow the procedure as set out below: A gene ral grievan ce is de fi ned as a grievanc e th at concerns a group of employees or th e bargaining un it in general. A gene ral gri evance can only be filed by the Ass oc iation within the time frame specified in Step I, an d the initial review will occur by the department director at Step 2 below. A. "Work Day" means calendar days exclusive of Saturdays, Sundays, and City recognized holidays. Step 1. If the employee is unable to settle the grievance or dispute orally and informally through his/her immediate supervisor within five (5) working days of the date of the occurrence of the grievance, or the employee's knowledge of it, the employee may, within the succeeding five (5) work days, file a written grievance with his/her supervisor. The supervisor shall attempt to adjust the matter and shall respond in writing to the employee within five (5) work days. Step 2. If the answer is not satisfactory, the matter shall be presented in writing by the employee to the department director within five (5) work days following receipt of the supervisor's response. The department director shall respond in writing to the employee within five (5) work days. Step 3. If the grievance still remains unadjusted, it shall be presented by the employee to the City Manager in writing within five (5) work days following receipt of the response of the department director. The City Manager or his/her designated hearing officer shall have a meeting with the grievant to review the grievance and all relevant information. Within ten (10) work days of that meeting, the City Manager or his/her designated hearing officer will issue a written decision. St e p 4. 1. If the grievance is still unresolved, the Association within fourteen (14) calendar days after the reply of the City Manager or his/her designated hearing officer, may by written notice request the matter be submitted to arbitration. The parties will attempt to choose a mutually agreeable arbitrator. If within five (5) days of the request for arbitration the Association and the City cannot mutually agree on an impartial arbitrator, a request will be filed with the American Arbitration Association for a panel of seven (7) arbitrators to be sent to the parties. The arbitrator shall be selected by a method of alternative striking of names from the panel, with the first strike determined by a coin flip. The final name left on the panel shall be the 28 arbitrator. The arbitrator shall be requested to issue a decision within thirty (30) days after conclusion of testimony and argument. 2. Each party shall be responsible for compensation to its own representatives and witnesses. The fees of the arbitrator shall be borne equally by the Association and the City. 3. Authority of Arbitrator The arbitrator shall have no power to add to or subtract from or change the terms of this contract. The written decision of the arbitrator shall be final and binding upon the parties. The arbitrator shall limit his/her decision strictly to the grievance submitted which has been properly processed through the grievance procedure outlined. 4. Failure by an employee or the Association to comply with any time limitation shall constitute a settlement of the grievance. Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step. At the employee's option, the employer may be allowed additional time to respond. Processing Grievance During Working Hours Grievances may be investigated and processed by the employee or designated employee representative during working hours, within reasonable time limits, without loss of pay, provided notice is given and the workload permits. 29 ARTICLE 27. WRITTEN CORRECTIVE ACTION Whenever more serious grounds for corrective action exist (i.e., more serious than those deemed by the supervisor to warrant oral corrective action) the supervisor should issue a written corrective action. The written corrective action will be addressed to the employee and will include the following information: • The violation • The specific behavior • The dates of the behavior • The warning that continuance of the specific behavior will result in disciplinary action, and • An offer of assistance in correcting the behavior. Both the employee and supervisor must sign the document (if necessary, the supervisor will note that the employee refuses to sign the document). A copy of the written corrective action will be forwarded to Human Resources to be included in the employee's official personnel file. The employee will have the opportunity to submit written comments in response to the written corrective action to be included in their file. This Article shall not be grievable under this contract, nor shall it apply to probationary employees. 30 ARTICLE 28. DUES DEDUCTION A. The City agrees to deduct the Englewood Employees Association dues each pay period from the pay of those employees who individually request in writing that such deductions be made, subject to the garnishment laws of the State of Colorado. The amounts to be deducted shall be certified to Human Resources by the Treasurer of the Association, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revocable during the term of the contract, upon written notice by the employee to Human Resources. B. If no wages are paid to an employee authorizing such deductions in any given pay period, deduction for that pay period(s) will be made from any wages which may be paid to him/her in the succeeding pay period(s). It is expressly understood that the City assumes no liability and shall not be liable for the collection or payment to the Englewood Employees Association of any dues during any time that an employee is not actually working for the-City and actually on the payroll of the City. In the event of error on the check-off list, the City will not be responsible to make adjustments, until notified by the Treasurer of the Englewood Employees Association. C. The Englewood Employees Association shall indemnify and hold the City harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article. D. Changes in the dues amount to be deducted shall be limited to two {2) changes each year, providing a thirty (30) day written notice is provided to Human Resources. E. Should the change in the deduction method require a computer programming change, the Englewood Employees Association shall be responsible for the cost of such change or changes, at $30 per hour with a four ( 4) hour maximum. Payment from the Englewood Employees Association shall be made to the City Finance and Administrative Services Director within ten (10) days of receipt of billing. 31 . , ARTICLE 29. ASSOCIATION ACTIVITIES The City agrees that during working hours on the City premises and without loss of pay, Englewood Employees Association members may be allowed to: • attend two (2) EEA meetings annually. The City, however, retains the right to maintain appropriate staffing levels as determined by the department director and will not be required to pay overtime or compensatory time necessitated by attendance at the meeting. Members may be called back from such meetings to address emergencies. Other membership meetings may be called to address issues of general interest. If these additional meetings are held during employees' work shifts, the City retains the right to either approve or disapprove attendance on City time (i.e., during times other than employees' lunch and break periods). Notice of such meetings, specifying whether it is biannual or general interest will be provided to directors, managers and supervisors two weeks in advance, unless it is mutually agreed to waive this provision; • post EEA notices on City designated bulletin boards; • solicit EEA memberships during employee's non-work time. Additionally, the Association may call monthly meetings of its board, to be held during the board members' lunch periods. One (1) week's notice will be given to supervisors if the meetings are expected to exceed the lunch periods. Board members may also be allowed to represent employees on grievances. They will be allowed to represent employees at labor management committee meetings and negotiations. During negotiations, EEA negotiation team members may meet during work hours to discuss issues with appropriate notice given to directors, managers and supervisors. The Association team shall not exceed eight (8) members. 32 ARTI CLE 30. STANDB Y PAY Standby pay is defined as compensation for employees covered by this contract who must be immediately available to respond while off duty. All employees covered by this contract and assigned standby duty shall be compensated at a rate equal to eight (8) hours at his/her regular rate of pay for one week of standby duty. Standby pay shall be prorated for standby duty of less than one week. (Example: an employee assigned standby duty for one day will be compensated at a rate equal to 8 hours I 7 = 1.14 hours). Standby pay shall not be substituted with compensatory time. 33 • 1 ARTICLE 31. CALL BACK Any time an employee on off-duty status (including stand-by duty) is called back to work he/she shall be credited with a minimum of two (2) hours pay at the rate of one and one-half (1 1/2) times his/her regular hourly rate. With the approval of the department director and subject to departmental guidelines, the employee may choose to substitute compensatory time for call back pay. 34 ARTICLE 32. LABOR MANAGEMENT COMMITTEE A labor management committee consisting of four ( 4) members appointed by the Association and four (4) members appointed by the City shall meet on a quarterly basis. The committee will only deal with group issues that are not dealt with through other existing committees or grievance procedures. The Association will send its agenda items to the Human Resources Director at least one (1) week prior to the date of the quarterly meeting. City policy changes will be presented at the quarterly labor management committee meetings. Emergency policy changes will be immediately forwarded to the Association for distribution. 35 I • ARTICLE 33. EXCLUSIVENESS OF CONTRACT The City and the Association agree that the terms and provisions herein contained constitute the entire contract between the parties. The City and the Association agree that all negotiable items have been discussed during the negotiations leading to this contract and, therefore, agree that negotiations will not be reopened on any item during the life of this contract, except by mutual agreement of the parties. IN WITNESS THEREOF, the parties have caused this contract to be signed by their respective representatives, and their signatures placed thereon, on this _____ day of July, 2015 at Englewood, Colorado. ENGLEWOOD EMPLOYEES A~-- CITY OF ENGLEWOOD Susan Quirk, President Mayor, Randy Penn ATTEST: City Clerk, Loucrishia A. Ellis City Manager, Eric Keck 36 1 • . . COUNCIL COMMUNICATION Date: Agenda Item: Su bject: July 6, 2015 11 C ii Collective Bargaining Agreement Between the City of Englewood and the Englewood Employees Association for 2016 -2017 Initiated By: Staff Source: Finance and Administrative Services Vincent Vega, H uman Resources Manager Department-Human Resources Division COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The previous Collective Bargaining Agreement with the Englewood Employees Association was approved by Council for 2014 and 2015. RECOMMENDED ACTION Staff requests Council approval by resolution of the Collective Bargaining Agreement between the Englewood Employee Association and the City of Englewood for 2016 and 2017. The contract covers approximately 195 employees. BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED The City of Englewood and the Englewood Employees Association entered into negotiations in May of 2015, in accordance with the City of Englewood Charter. The members of the Englewood Employees Association duly ratified, through their elected representatives, the Collective Bargaining Agreement. Significant changes to the contract include the following: 1. Under Article 2. Duration of the Contract: employees covered by the Contract may reopen negotiations for Article 8. Compensation prior to May 15, 2016. 2. Under Article 8. Compensation: employees covered by the Contract will receive a 2-4% increase, based on their evaluation, on 2015 base wage rate, on their anniversary. A wage reopener for 2017 has been agreed upon under Article 2. 3. Under Article 17. Holidays: employees covered by the Contract will be eligible to receive two and one-half times the employee's regular hourly rate for hours actually worked on the holiday. 4. Under Article 18. Uniform Cleaning Allowance: employees covered by the Contract will be eligible to receive up to a maximum of $200 of required work shoes. FINANCIAL IMPACT The impact of the increase on wages at the 2014 average of 2.92% is approximately $283,110. Increases will be effective on the employee's anniversary date. The impact of the changes to Articles 17 and 18 are approximately $30,250 for a total approximate impact of $313,260 for 2016. LIST OF A TI ACHMENTS EEA Collective Bargaining Agreement for 2016-2017. Note: Changes to the Managerial, Supervisory and Confidential employees (MSC), Directors and Part Time Employees pay plan will mirror those of the EEA. .. .