HomeMy WebLinkAbout67-07 ResolutionRECORD OF RESOLUTIONS
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67-07
Resolution No. Passed . 20
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO A COLLECTIVE
BARGAINING AGREEMENT WITH THE UNITED
STEEL, PAPER AND FORESTRY, RUBBER,
MANUFACTURING, ENERGY, ALLIED INDUSTRIAL
AND SERVICE WORKERS INTERNATIONAL UNION
(USW) REGARDING WAGES, HOURS, AND TERMS
AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES WITHIN THE BARGAINING UNIT.
WHEREAS, the City of Dublin and the USW have reached agreement regarding
wages, hours, terms and conditions of employees within the bargaining unit
representing maintenance workers, custodial workers, sign workers and auto
mechanics.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, ~ of the elected members concurring:
Section 1. That the City Manager be, and hereby is, authorized to enter into the
attached Collective Bargaining Agreement with the USW regarding wages, hours,
terms and conditions of employees within the bargaining unit representing
maintenance workers, custodial workers, sign workers and auto mechanics.
Section 2. That, as referenced in Section 1.4 of the attached Agreement, said
Agreement shall supersede and replace all applicable state and local laws, which it
has the authority to supersede and replace.
Section 3. That this Resolution shall take effect and be in force upon passage in
accordance with Section 4.04(a) of the Revised Charter.
Passed this ~ `J~"~ day of Q'~.fi'o,~~, 2007.
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Mayor -Presiding Officer
ATTEST:
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Clerk of Council
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CITY OF DUP.LIN
Office of the City Manager
5200 Emerald Parkway, Dublin, Ohio 43017
Phone: 614-410-4400
To: Members of Dublin City Council
From: Jane S. Brautigam, City Manager
Date: October 11, 2007
Initiated By: Paul Bittner, Labor Counsel
Mike Epperson, Deputy City Manager
Michele Hoyle, Director of Fiscal Administration
Mary Kay Ruwette, Human Resource Manager
Memo
Re: Resolution 67-07 -Collective Bargaining Agreement with the United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union
Summary:
Attached for your consideration is Resolution No. 67-07, authorizing the City Manager to enter
into a collective bargaining agreement with the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW)
regarding wages, hours, terms and conditions of employment for maintenance workers, sign
workers, custodial workers and auto mechanics. Also attached for your reference is a copy of the
proposed Agreement. A total of 87 full-time employees are represented by this bargaining unit.
Negotiating sessions ended successfully on September 21, 2007 with a tentative agreement,
which was ratified by the bargaining unit on September 25, 2007.
The City utilized comparable wage and benefit data from other employers, including similar
governments as well as internal comparable data to determine where economic increases were
justifiable. The term of the Agreement is three (3) years extending from September 1, 2007
through August 31, 2010. The wage impact of this agreement is projected to be $61,350 through
2007, $280,000 in 2008, $480,000 in 2009, and $492,000 in 2010.
The significant economic changes within this agreement include:
• Wages (Article 23). The wage rates reflect annual increases in 2007, 2008 and 2009 of 3%,
2.5%, and 2.5%, respectively. In 2007, the annual increase will be retroactive to July 15, 2007;
in subsequent years, the annual increase will occur on September 1. Step increases will occur
on the employee's anniversary date of hire through eight steps, a reduction from the 13 steps
included in the previous agreement for custodians and 12 steps for all other represented job
classifications. The increases between the steps range from 6.9% in earlier years of employment
to 3.6% at the final step. This element of the wage structure is designed to parallel the
compensation model implemented in 2007 for non-union employees.
• Longevity Pay (Article 23). The longevity pay structure increases progressively at each
level, depending on the employee's tenure with the City. Longevity pay for employees with 4-6
years with the City will increase from $650 to $750; with 7-10 years, from $850 to $950; with
11-14 years, from $1,050 to $1,250; with 15-19 years, from $1,150 to $1,500; and «~ith 20 years
Memo to Council re Collective Bargaining Agreement
October 11, 2007
Page 2 of 2
or more, from $1,275 to $1,700
• Vacation Leave (Article 29). Vacation leave increases by eight hours at the 11-15 year
service level; by six hours at the 16-20 year service level; and by four hours at the 21 year or
more service level. Also modified is the annual carryover provision, allowing employees with
11 or more years of public service to carry over a maximum of 200 hours, an increase of 40
hours.
• Medical, Dental, Vision and Life Insurance (Article 33). Article 33 incorporates the
Healthy by Choice program into the collective bargaining agreement, as well as a plan design
consistent with non-union employees and the Fraternal Order of Police/Ohio Labor Council
(FOP/OLC) bargaining unit (communications technicians). Some enhancements were made to
the plan, including an increase in the lifetime maximum for orthodontia to $2,000 and an
increase in the annual eye exam coverage from $50 to $85.
• Tuition Reimbursement (Article 34). Tuition reimbursement increases by $250 to a
maximum of $3,000 per calendar year. This amount is consistent with the current Fraternal
Order of Police, Capital City Lodge No. 9 (FOP), and FOP/OLC agreements.
• Clothuig, Equipment and Personal Property (Article 41). This article changes from a
safety shoe reimbursement of $140 per calendar year, to a shoe and glove allowance of $240 per
calendar year.
• Tool Replacement and Upgrades (Article 42). The amount provided to auto mechanics for
tool replacements and;'or upgrades increases from $425 to $650 per calendar year.
Recommendation:
The collective bargaining agreement, to which the USW and the City's bargaining team have
tentatively agreed, is fair to both parties. Therefore, adoption of Resolution 67-07 approving this
agreement is recommended.
ARTICLE 1
AGREEMENT
Section 1.1 Agreement. This Agreement is made and entered into at Dublin, Ohio by
and between the City of Dublin, as Employer, also referred to as "Employer", and the
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union, also referred to as the "Union". Unless otherwise
specified in this Agreement, no changes in this Agreement shall be negotiated during its
duration unless there is written accord to do so by and between the parties. Any
negotiated changes, to be effective and incorporated in this Agreement, must be in
writing and signed by the parties.
Section 1.2 Purpose. The purpose of the Agreement is to set forth all covenants
between the parties regarding the wages, hours, terms and conditions of employment for
those employees included in the bargaining unit identified herein.
Section 1.3 Severabilit_y. Should any part of this Agreement be held invalid by
operation of law by a tribunal of cornpetent jurisdiction or by revision of the Ohio Public
Employee Collective Bargaining Act by the State Legislature, it shall be of no further
force and effect, but such invalidation of such point or provision shall not invalidate the
remaining portions hereof and they shall remain in full force and effect. In the event of
invalidation, and upon written request by either party, the parties to this Agreement shall
meet within forty-five (45) days of receipt of the written request, in an attempt to modify
the invalidated provisions by good faith negotiations.
Section 1.4 Applicability. This Agreement, when executed, shall supersede and replace
all applicable state and local laws which it has authority to supersede and replace. Where
this Agreement is silent, the provisions of applicable law, regulation, or policy shall
prevail.
ARTICLE 2
RECOGNITION
Section 2.1 Recognition. The Employer recognizes the Union as the sole and exclusive
representative for all employees included in the bargaining unit described herein in any
and all matters relating to wages, hours, terms and conditions of employment, and the
continuation, modification, or deletion of an existing provision of this Agreement and for
the administration of this Agreement.
Section 2.2 Bargaining Unit. There shall exist in the City of Dublin a bargaining unit
consisting of:
All regular full-time employees within the Maintenance Worker (including
those physically located within the Division of Engineering), Sign Worker
(including those physically located within the Division of Engineering),
Automotive Service Work, Automotive Mechanic I, and Custodial Worker
classifications within the Division of Streets & Utilities, Division of Parks
& Open Space, and Division of Facilities.
The following employees are excluded from the bargaining unit:
All Maintenance Crew Supervisors, Automotive Mechanics II, Operations
Administrators, and all other managerial, supervisory, seasonal, casual,
confidential, and professional employees as defined in the Ohio Collective
Bargaining Act.
References throughout this Agreement to bargaining unit members shall mean employees
within this bargaining unit.
ARTICLE 3
DUES CHECKOFF/FAIR SHARE
Section 3.1 Dues Check Off.
A. The Employer agrees to deduct Union membership dues, initiation fees,
and,/or assessments in the amount specified by the Union from the pay of
those employees who individually request in writing that such deductions be
made. Upon receipt of the proper authorization, the Employer will deduct
dues from the next payroll check following receipt of the authorization card.
Dues shall be deducted from each payroll period, and the total amount of
deductions shall be remitted each month by the Employer to the International
Secretary-Treasurer of the Union at the address which he authorizes for that
purpose.
B. The authorization card may be submitted at any time and shall continue in
effect until the annual anniversary date of this Agreement. An employee may
cancel Union membership at any time, however, the revocation of the dues
deduction authorization may only be canceled between the 44th and 34th
calendar days prior to each annual anniversary date of this Agreement. Dues
deductions authorizations not revoked during this ten (14) day period shall
continue in effect for successive Agreement year(s). Written notice of the
dues deduction revocation shall be served upon the Employer and the Union
by the employee.
C. The parties agree that neither the employees or the Union shall have a claim
against the Employer for errors in the processing of deductions, unless a claim
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of error is made to the Employer in writing within thirty (30) days after such
error is claimed to have occurred or was known to have occurred. If it is
found that an error was made, it will be corrected in the following dues
deduction.
D. The Union hereby agrees that it will indemnify and hold the Employer
harmless frorn any claims, actions, or proceedings by an employee arising
from deductions made by the Employer pursuant to this Article. Once the
funds are remitted to the International Secretary-Treasurer of the Union, their
disposition thereafter shall be the sole and exclusive obligation and
responsibility of the Union.
Section 3.2 Fair Share. Any employee who is not a member of the Union shall, as a
condition of employrent, pay a monthly service charge (Fair Share) not to exceed the
dues paid by a member to the Union.
All employees who do not become members in good standing of the Union shall, as a
condition of employment, pay a fair share fee to the Union effective sixty (60) days from
the employee's date of hire or sixty (60) days from the effective date of this Agreement.
The fair share fee amount shall be certified to the Employer by the Secretary-Treasurer of
the Union. Payment by the Employer of the amount certified to the Employer by the
Secretary-Treasurer of the Union shall indemnify the Employer from liability alleged as a
result of wrongful, incorrect, improper or otherwise erroneous payments made or
required to be made by or under the terms of this Agreement. Payment to the Union of
fair share fees shall be made in accordance with the regular dues deduction.
The Union has an internal procedure to determine a rebate, if any, for non-members
which conforms to federal law. The rebate procedure provides for a rebate of
expenditures in support of partisan politics or ideological causes not germane to the work
of employee organizations in the realm of collective bargaining. Any non-member must
make a timely request of the Union for this rebate. Absent arbitrary and capricious
action, such determination is conclusive on the parties except that a challenge to such
determination may be filed with the State Employment Relations Board within thirty (30)
days of the determination and the State Employment Relations Board shall review the
rebate determination and decide whether it was arbitrary or capricious. The deduction of
the fair share fee from any earnings of the employee shall be automatic and does not
require written authorization for payroll deduction.
Section 3.3 PAC Check Off. The Employer agrees to deduct voluntary contributions to
the Steelworkers PAC fund from employees pay in an amount designated by that
employee on the form provided by the Union for the purpose of such voluntary check off.
The Employer will be given the signed authorization forms prior to any such deductions
being made. The total amount of deductions shall be remitted monthly to the
International Union at the address authorized for that purpose.
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ARTICLE 4
NO STRIKEINO LOCKOUT
Section 4.1 Employer Pledge. The Employer agrees not to cause, permit, or engage in
any lockout of its employees during the term of this Agreement.
Section 4.2 Union Pledge. The Union agrees that neither it, its agents, representatives,
nor any of its members or any employees covered by this Agreement, individually or
collectively during the term of this Agreement, shall for any reason, cause, permit, or
engage in picketing, a sit down, a strike, a boycott, a stand in, a slow down, a work
stoppage, curtailment or restriction of production or interference or interruption of work
or other interference with the Employer's business or operation, including but not limited
to a general strike, a sympathy strike, a slow down or other interference or interruption of
work of the employer's business or operation.
Section 4.3 Applicability of Grievance Procedure. The Employer and Union agree
that the Grievance Procedure of this Agreement is adequate to provide a fair and final
determination of all grievances, arising under the terms of this Agreement. It is the desire
of the Union and the Employer to avoid strikes and ~i~ork stoppages and any and all other
conduct set forth above in Section 4.2 of this Article.
Section 4.4 Employer's Right to Discipline. In the event that any employee or group of
employees engages in any of the conduct described above in Section 4.2 during the term
of this Agreement, the Employer has the exclusive right to discipline, up to and including
discharge, any employee who engages or participates in such activities.
Section 4.5 Union Responsibility. The Union and its officers, agents, and members
shall not authorize, condone, ratify, permit, sanction or acquiesce in any of the activities
described above in Section 4.2 of this Article and, should any such activities occur, the
Union, by its officers, agents, and members, shall be obligated to take affirmative steps to
terminate such activities including but not limited to promptly ordering its members to
resume their normal work duties, notwithstanding the existence of any picket line.
Should the employer experience any economic loss as a consequence of any Union
representative or member engaging in any activity prohibited in Section 4.2 of this
Article, the Union shall indemnify the City of Dublin for its economic loss.
ARTICLE 5
NONDISCRIMINATION
Section 5.1 Joint Pledge. The provisions of this Agreement shall be applied equally to
all employees without regard to age, sex, race, color, religion, political affiliation,
disability or national origin.
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Section 5.2 Gender Reference. All reference to employees in the Agreement designate
both sexes, and whenever the male gender is used, it shall be construed to include male
and female employees.
ARTICLE 6
MANAGEMENT RIGHTS
Section 6.1 Management Rights. To assure that the City (Employer) continues to
perform its legal duties to the public and to maintain efficient and responsive service for
and protection to the citizens of the City of Dublin, the City retains the right to determine
Departmental, Divisional, and City policies and procedures to manage the affairs of the
City in all respects. References to Departments or Divisions refer to the entities within
the City employing employees in the bargaining unit covered by this Agreement. Except
where otherwise specifically limited by this Agreement, the City retains the right and
responsibility to:
1. Determine the size and composition of the work force, the organizational
structure of the City and the methods by which operations are to be
performed by City employees.
2. Manage the City's budgets, including but not limited to the right to
contract or subcontract any work or operations of the City. However, the
City will bargain over the effects, if any exist, of the decision to contract
or subcontract out work.
3. Determine the nature, extent, type, quality, and level of services to be
provided to the public by the City and the manner in which those services
will be provided.
4. Determine, change, maintain, reduce, alter, or abolish the technology,
equipment, tools, processes, or materials the City's employees shall use.
5. Determine job descriptions, procedures, and standards for recruiting,
selecting, hiring, training, and promoting employees.
6. Assign work, subcontract or contract out work, establish and/or change
working hours, schedules, and assignments as deemed necessary by the
City to assure efficient City, Departmental or Divisional operations.
7. Direct and supervise employees and establish and/or modify performance
programs and standards, methods, rules and regulations, and policies and
procedures applicable to the City's employees.
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8. Hire, evaluate, promote, retain, transfer (permanently or temporarily),
assign (permanently or temporarily) employees.
9. Discharge, remove, demote, reduce, suspend, reprimand, or otherwise
discipline employees for cause.
117. Lay-off employees, because of lack of work or funds or under
circumstances where continued work would not be cost efficient,
reasonable or effective.
11. Determine matters of inherent managerial policy which include, but are
not limited to, areas of discretion or policy such as the functions and
programs of the City, standards of services, its overall budget, utilization
of technology, and organizational structure.
12. Maintain and improve the efficiency and effectiveness of the City's
operations.
13. Determine the overall methods, processes, means, or personnel by which
the City's operations are to be conducted.
14. Determine the adequacy of the work force.
15. Determine the overall mission of the City.
16. Effectively manage the work force.
17. Take actions to carry out the mission of the City.
The rights and powers of the City (Employer) contained in this Article do not list or limit
all powers, and the rights listed together with all other rights, powers, and prerogatives of
the City, not specifically limited in this Agreement, remain vested exclusively in the City.
ARTICLE 7
LABOR/MANAGEMENT MEETINGS
Section 7.1 Meetings. In the interest of sound labor/management relations, upon request
of either party, at a mutually agreeable date and time, not more than seven (7)
representatives of the Employer shall meet with not more than seven (7) representatives
of the bargaining unit to discuss pending issues and/or problems and to promote a more
harmonious labor/management relationship.
An agenda will be exchanged by the parties at least five (5) working days in advance of
the scheduled meeting with a list of matters to be taken up in the meeting and the names
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of those representatives from each side who will be attending. All matters on the agenda
requested by the parties to be discussed, will be discussed. The purpose of such meeting
shall be to:
1. Discuss the administration of this Contract.
2. Discuss grievances which have been processed beyond the final Step of
the Grievance Procedure, when such discussions are mutually agreed to by
the parties.
3. Discuss any pending items related to civil rights issues.
4. Disseminate general information of interest to the parties.
5. Consider and discuss health and safety matters relating to employees.
6. Discuss any other items the parties mutually agree to discuss.
ARTICLE 8
BARGAINING UNIT BUSINESS
Section $.1 Unit Officials. The bargaining unit is authorized to select five (5) Unit
Grievers and one (1) Unit Chairperson to conduct bargaining unit business. One Unit
Griever shall serve employees in each of the following areas: facilities, parks & open
space, custodial, streets/utilities/automotive. The Unit Grievers and Unit Chairperson,
upon giving reasonable advanced notice, and upon receiving authorization from the
Director of Parks & Open Space, the Director of Streets & Utilities, the Director of
Administrative Services or the Director of Engineering (whichever is applicable), shall be
allowed reasonable time off during regular working hours, not to exceed 12 hours per
month, to investigate a grievance, consult with the Employer in addressing labor/
management issues or in processing a grievance, or to assist in the settlement of a
dispute. The applicable Division Head may authorize additional time if the Union
presents proper justification supporting the need for such time. Permission to perform
these functions shall not be unreasonably denied.
Section 8.2 Ne~otiatin~ Committee. On days where collective bargaining negotiations
between the Union and the Employer actually take place, not more than six (6) duly
elected representatives from the bargaining unit, consisting of the five (5) Unit Grievers
and the one (1) Unit Chairperson, will be released from their regular job functions to
attend such negotiation sessions, provided, however, that such attendance does not take
any shift below minimum staffing levels (as determined by the Deputy City Manager) nor
create an overtime obligation to the City. The Union will notify the Employer of the
names of the representatives who will be serving on the negotiation team prior to the first
negotiation meeting. Members of the Union negotiation team, as reported by the Union to
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the Employer, shall each receive sixteen (16) hours per month of release time with pay to
attend private work sessions of the Union negotiation team, beginning no earlier than four
(4) months prior to the expiration of the existing Agreement. No overtime obligation shall
be incurred by the City as a result of any bargaining unit member attending work sessions
or any other sessions related to negotiations.
Section 8.3 Baraavuna Unit Leadership Training. Each Unit Griever and the Unit
Chairperson shall receive five (5) days of release time with pay per year to attend special
leadership training sponsored by the Union. Furthermore, each Unit Griever and the Unit
Chairperson shall also be allowed an additional five (5} days of unpaid leave per year,
with no loss in seniority, for the same purpose. The Unit Grievers and Unit Chairperson
shall give their supervisors reasonable advanced notice when attending such training.
Section 8.4 Cell Phone. The City shall furnish a cell phone to the Unit Chair for the
purpose of conducting City business. The cost shall be borne by the City. The City will
determine the plan and equipment issued.
ARTICLE 9
GRIEVANCE PROCEDURE
Section 9.1 Definition/Jurisdiction. The term "grievance" shall mean an allegation by
the Union that there has been a breach, misinterpretation, or improper application of this
Agreement. The grievance procedure shall not be used to affect changes in the Articles of
this Agreement nor those matters not covered by the Agreement. The grievance
procedure shall be the sole and exclusive remedy for resolving disputes between the
parties. Grievances pertaining to suspension, removal, or termination shall automatically
commence at Step 2 of the Grievance Procedure, and are subject to Step 3, Arbitration.
The only recourse for a suspension or termination is through the Grievance Procedure; no
recourse shall be pursued through any other administrative procedure or board of review.
Section 9.2 Qualifications. If the designated employer representative fails to answer a
grievance or set or hold a meeting within the time limits prescribed by this Article, the
grievance shall automatically move to the next step except that the Union must serve an
appeal to arbitration within the time limits prescribed in Section 9.5, even if no response
or answer from the Employer is forthcoming. If the Union fails to appeal or submit a
grievance to the next step within the time limits prescribed herein, it shall be deemed
denied and not further appealable. The time limits set forth in this Agreement may be
extended by mutual written agreement of the parties.
A grievance may be brought by any employee (with the Union's consent) covered by this
Agreement with the appropriate Unit Griever. Where a group of bargaining unit
employees desires to file a grievance involving an incident affecting several employees in
the same matter, one employee shall be selected by the group to process the grievance
with the appropriate Unit Griever. Each employee to be included in such grievance shall
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be named in the grievance.
Any grievance that originates from a level above the first step of the grievance procedure
may be submitted directly to the step or level from which it originates by mutual
agreement of the parties.
Section 9.3 Tvneliness. All grievances must be initially timely filed by the Union
pursuant to the time limits set forth in Section 9.5, Step 1. Failure to file a grievance in a
timely fashion will result in its denial and will bar the grievance from being processed
further through the procedure. The Union may withdraw a grievance at any point by
submitting in writing a statement to that effect, or by permitting the time requirements at
any step to lapse without further appeal.
Section 4.4 Grievance Form. All grievances shall contain the following information
and will be filed using the grievance form mutually agreed upon by both parties:
1. The aggrieved employee's name and signature;
2. the aggrieved employee's classification;
3. date grievance was filed in writing;
4. date, time, and location where the incident or action upon which the
grievance is based occurred;
5. a description of the incident or action giving rise to the grievance;
6. articles and sections of the Agreement violated;
7. desired remedy to resolve the grievance.
Amendments to a grievance shall not be made, other than by mutual agreement of the
parties once a request for Arbitration has been submitted.
Section 9.5 Grievance Procedure. It is the mutual desire of the Employer and the
Union to provide for prompt adjustment of grievances, with a minimum amount of
interruption of the work schedule. The Employer and the Union agree to make a
reasonable effort to effect the resolution of grievances at the earliest step possible. In
furtherance of this objective, the following procedure shall be followed:
Step 1 -Division Head. In order for an alleged grievance to receive consideration under
this procedure, the grievant, either alone or with the appropriate Unit Griever, if the
former desires, or the Union in cases of policy or class action grievances, must identify,
in writing, signed by the grievant and/or the Unit Griever, the alleged grievance to the
affected employee's Division Head within ten (14) working days after the employee or
the Union gains knowledge of the occurrence or facts that gave rise to the grievance. The
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grievance shall identify the particular Articles and Sections of the Agreement that were
alleged to have been violated. The Division Head shall investigate and provide an
appropriate answer in writing within ten (10) working days following the date on which
the Division Head was presented the written grievance. If the grievance involves the
employee's Division Head, the grievance may be filed directly at Step 2 of the grievance
procedure.
Stec 2 -City Manager or Designee. If the grievance is not resolved at Step 1, the
appropriate Unit Representative may forward the grievance to the City Manager or his
designee within seven (7) working days after receiving the Step 1 answer. The City
Manager or his designee shall have ten (10) working days in which to schedule a meeting
with the aggrieved employee, the Unit Griever, the Unit Chairperson, and a USW
representative. The City Manager or his designee shall investigate and respond in ~~~riting
to the grievance within ten (10) working days following the Step 2 meeting.
Step 3 -Arbitration. If the grievance is not satisfactorily resolved at Step 2, the Union
may make a written request that the grievance be submitted to arbitration. A request for
arbitration by the Union must be submitted within thirty (30) calendar days following the
date the grievance was answered or should have been answered at Step 2 of the grievance
procedure. In the event that the grievance is not forwarded to arbitration by the Union
within the time limits prescribed, the grievance shall be considered resolved and shall
proceed no further. The Union shall request a list of seven (7) impartial arbitrators from
the Federal Mediation and Conciliation Service (FMCS) and shall submit a copy of such
request to the Employer. Upon receipt of the list of seven (7) arbitrators, the parties shall
select an arbitrator. If the parties are unable to mutually agree on an arbitrator, an
arbitrator will be selected by the parties by alternative strike with the parties right to
strike the first name being determined by a flip of the coin.
The arbitrator shall hold the arbitration hearing promptly and issue his decision within
thirty (30) calendar days after the closing of the record, unless mutually agreed otherwise
by the parties. The arbitrator shall limit his decision strictly to the interpretation,
application, or enforcement of those specific articles and/or section of this Agreement in
question. The arbitrator shall not have the authority to add to, subtract from, modify,
change, or alter any provision of this Agreement, nor add to or subtract from or modify
the language contained therein in rendering an award within the Arbitrator's jurisdictional
limitations. The award of the arbitrator will be final and binding upon both parties.
The arbitrator's award and the arbitration proceedings identified in this Article are subject
to the relevant provisions of Chapter 2711 of the Ohio Revised Code.
Both the Union and the Employer shall share equally in the cost of the Arbitrator's fee.
Expenses of any witnesses shall be borne, if any, by the party calling the witnesses. The
fees of any court reporters shall be paid by the party asking for same; such fees shall be
split equally if both parties desire a court reporter's recording of the proceedings. If a
grievance is settled prior to a scheduled arbitration hearing, the parties shall split the cost
of any cancellation fees.
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An employee, Unit Griever, or Union officer requested to appear at the arbitration
hearing by either party, whose presence is necessary, shall attend without the necessity of
a subpoena.
Section 9.6 Working Days. For the purposes of this Article, working days shall
typically be defined as Monday through Friday and shall exclude Saturday, Sunday, and
recognized holidays, except when a particular employee is regularly scheduled to work
on days other than Monday through Friday. Working days also mean the working days
of the party who is responsible for initiating action or responding to a grievance at the
appropriate step in the Grievance Procedure.
ARTICLE 14
WORK RULES
Section 14.1 Work Rules. The Employer agrees that, to the extent reasonable, work
rules, and any changes thereto, shall be reduced to writing and provided to all employees
in advance of their enforcement. Any charge by an employee that a work rule or
Departmental/Divisional directive is in violation of this Agreement or has not been
applied or interpreted uniformly to all employees, shall be a proper subject for a
grievance.
ARTICLE 11
POLITICAL ACTIVITY
Section 11.1 Political Activity. In addition to other rights, as permissible by law:
A. An employee is permitted outside the City of Dublin to actively participate in
partisan political activity, provided that an employee undertakes such activity
while off-duty, not in identifiable uniform, and does not represent that such
activity is either undertaken in his official capacity as an employee of the
Employer or is sanctioned by the Employer.
B. An employee is permitted within the City of Dublin to exercise his/her rights
as a citizen to express his/her personal opinions and to cast his/her vote.
However, an employee shall not:
1. orally or in writing solicit or in any manner be concerned with soliciting
any assessment, subscription or contribution of any type for any political
party or political purpose whatsoever from any person holding a position
in the service of the Employer;
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2. make any contribution to the campaign funds of any candidate for a City
of Dublin elective office for the actual or apparent purpose of influencing
said persons or receiving favors of any nature from said persons; and,
3. become actively involved in the elective process or campaigns for any
City of Dublin elective office.
ARTICLE 12
PROBATIONARY PERIOD
Section 12.1 New Hires. Every newly hired employee shall be required to successfully
complete a probationary period, which shall begin on the employee's effective date of
appointment with the Employer and shall continue for a period of ninety-five (95)
calendar days. A probationary employee shall be retained beyond the end of the
probationary period and granted regular status only if the performance of the employee,
in the sole discretion of the City Manager, has been found to be satisfactory. A
probationary employee may be disciplined or terminated any time during his
probationary period and shall have no recourse through the Grievance Procedure
contained within this Agreement. Under certain circumstances, the probationary period
of an employee may be extended, but only for valid reasons, only upon approval of the
City Manager, and then only for a maximum of sixty-hive (65) calendar days. If the
probationary employee's probationary period should indeed be extended, and the
employee is subsequently disciplined or terminated, the probationary employee shall
have no recourse through the Grievance Procedure.
12.2 Promotions. Should an employee be promoted to a different job classification
within the bargaining unit, with a higher pay range, the employee shall serve a thirty (30)
day probationary period. Under certain circumstances, the probationary period may be
extended, but only for valid reasons, only upon the approval of the City Manager, and
then only for a maximum of sixty-five (65) calendar days. Should the employee be
disciplined or deemed unsuitable for that position by the City during the initial thirty (34)
day probationary period, for performance reasons, the employee will be returned to a
position in the classification he/she occupied prior to the promotion.
12.3 Lateral Transfers. Should an employee be transferred to a position within a
different job classification, with the same pay range, the employee shall not be required
to serve in any probationary period.
ARTICLE 13
EMPLOYEE ASSISTANCE PROGRAM
Section 13.1 Employee Assistance. The Employer and the Union recognize that a wide
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range of personal difficulties/problems in the lives of employees may affect work
performance and that most personal difficulties/problems can be successfully resolved
provided they are identified and referred to an appropriate source of assistance. The
Employer and the Union therefore agree that it would be in the best interest of the
Employer, its employees, and employees' immediate family members that a formal
Employee Assistance Program ("EAP") be provided by the Employer to assist employees
and said family members in dealing with a wide range of personal difficulties/problems.
The Employer and the Union recognize that this range of personal difficulties/problems
may include mental, emotional, financial, family, marital, employment-related stress,
drug abuse, alcoholism, legal, elder care/aging, spiritual, career, illness/disability, or
other such difficulties/problems. The purpose of the EAP shall be to help employees and
members of their immediate families deal with the kinds of difficulties and problems
identified above by linking them with resources that can provide appropriate help; to
reduce job performance problems; and to retain valued employees. When an employee or
a member of his/her immediate family is experiencing a problem, whether or not such a
problem affects the employee's job performance, the employee and/or immediate family
members are strongly encouraged to seek assistance through the EAP.
Section 13.2 Coverage Terms and Conditions. Under the coverage terms of the EAP,
employees and/or members of their immediate families shall each be entitled to unlimited
assessment and referral and a maximum of three (3) sessions per problem, at no cost to
the employee or family member, for problems amenable to short term counseling
intervention. Employees and/or family members are encouraged to access available
benefits, as provided by the Employer's medical benefits program, for
counseling/treatment beyond the three session limit.
Section 13.3 Other Ternis and Conditions. The Employer and the Union agree that:
A. Participation in the EAP shall be strictly voluntary. However, employees and
their immediate family members who have problems they feel may affect their
health, well-being, and/or the employee's job performance, are encouraged to
contact the EAP.
B. Employees and their immediate family members shall receive an offer of
assistance to help resolve such problems in an effective and confidential
manner by the EAP provider consistent with federal and state law. No
information concerning the nature of individual personal problems will be
released without proper written consent.
C. Nothing in this Article of this Agreement shall be interpreted as constituting a
waiver of the Employer's responsibility to maintain discipline or its right to
take appropriate disciplinary action in accordance with established
disciplinary procedures. Normal disciplinary procedures shall remain
unaltered and use of the EAP shall not alter the responsibility of employees to
maintain an acceptable level of performance or acceptable behavior/conduct.
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D. EAP-related appointments scheduled during normal work hours shall be
scheduled within the framework of the Employer's existing leave policies.
Depending on the circumstances involved, one or more forms of leave may be
appropriate to attend such appointments (i. e. sick, vacation, compensatory
time, personal, etc.). Due to existing procedures requiring the employee to
provide a reason to justify the use of sick leave, the employee may not wish to
use said leave for such appointments, as providing a reason for the usage of
said leave Tnay disclose information the employee wishes to remain
confidential. If the employee chooses to request sick leave, he or she is
hereby advised that in providing a justifiable reason for sick leave usage,
he/she is voluntarily disclosing information. Employees are hereby advised
that if this is a concern, they should request another form of leave where
providing a reason for said leave usage is not required (i. e. vacation leave,
compensatory time, personal time, etc.), or seek to schedule EAP-related
appointments outside of normal work hours. Flexible appointment hours shall
be made available to employees by the EAP provider.
E. Supervisory personnel may encourage the use of the EAP, recognizing the fact
that many job performance difficulties may be related to a personal problem.
However, supervisory personnel shall refrain from diagnosing personal
problems or recommending specific solutions other than referral to the EAP.
F. Supervisory training is critical to the success of the EAP. In that regard, the
Employer will provide supervisory training, to be scheduled at the discretion
of the Employer, to enhance the knowledge of supervisory personnel
concerning the proper methods to be used when dealing with an employee
who is experiencing personal or work-related problems.
G. The Employer shall reserve the right to contract, at its sole discretion, with the
company/organization of its choice that will, in the judgment of the Employer,
provide the most cost-effective, meaningful, and responsive service to the
Employer and its employees.
ARTICLE 14
DRUG FREE `VORKPLACE
Section 14.1 PurAOSe. The Employer and the Union hereby agree that illegal drugs in
the workplace are a danger to us all. They impair health, safety and welfare, promote
crime, lower productivity and quality, and undermine the public confidence in the work
we perform as public servants. Therefore, the Employer and the Union will not tolerate
the illegal use or illegal presence of drugs in the workplace.
In addition, the Employer and the LJnion understand that, pursuant to the federal Drug-
Free Workplace Act, in order for the Employer to be considered as a recipient for federal
14
grants, it must comply with several requirements mandated by the Act. one of these
requirements mandates that the Employer publish a policy prohibiting the illegal presence
of controlled drugs in the workplace and that this policy be distributed to all employees.
In addition, the Act requires the Employer to verify that all employees have agreed to
abide by the policy as a condition of continued employment.
The purpose of this Article is to publish a formal policy regarding illegal drugs in the
workplace, to notify bargaining unit employees of the consequences of illegal use,
possession, distribution, manufacture, etc. of controlled drugs in the workplace, to
institute a drug awareness program for bargaining unit employees, and to notify
employees of the types of rehabilitative help that may be offered by the Employer. This
Article shall be applicable to all employees of the bargaining unit and the bargaining unit
hereby understands that this Article shall be strictly enforced by all supervisory
personnel.
Section 14.2 Policy. The Employer and the Union hereby agree that any location at
which its business is conducted is hereby declared to be a DRUG-FREE WORKPLACE.
This means that all employees, including supervisory personnel, are absolutely prohibited
from unlawfully manufacturing, distributing, dispensing, possessing, or using controlled
substances in the workplace. Reporting for work while under the influence of illegal
drugs, or with any residual effects from illegal drug use (e. g. impaired judgment,
sickness, impaired reflexes, etc.) is likewise prohibited. For purposes of this policy, an
employee is considered to be "under the influence" of a drug or controlled substance
when any amount of such drug or controlled substance (or any of its metabolites) is found
to be present in the employee at or above the lowest recognized scientific standard
utilized by the laboratory selected by the Employer for evaluating the presence of such
substances in the system.
The Union hereby understands that any building, facility, structure, property, etc., or the
contents thereof (i.e. employee lockers, offices, desks, etc.), owned or leased by the
Employer shall be subject to unannounced inspection at any time by appropriate
supervisory personnel and Employer officials.
The following constitutes a partial list of controlled substances: (For a more detailed
listing and explanation of controlled substances, please consult the attached listing
entitled "Controlled Substances -Uses & Effects. ")
Narcotics (heroin, morphine, etc.)
Cannabis (marijuana, hashish)
Stimulants (cocaine, diet pills, etc.)
* Depressants (tranquilizers)
* Hallucinogens (PCP, LSD, "designer drugs", etc.)
The Union understands that compliance with this policy shall be strictly enforced and
shall be a condition of continued employment. The Union also understands that any
employee violating this policy shall be subject to appropriate disciplinary action which
15
may include suspension or dismissal.
The Union hereby understands that they may also be subject to appropriate disciplinary
action for engaging in off duty, illegal conduct/behavior unbecoming a City employee
emanating from the use of illegal drugs which detracts from the image or reputation of
the City as an organization or which erodes the public confidence in the City as an
organization (e.g. disorderly conduct, assault, fighting, criminal menacing, disturbing the
peace, OMVI, etc., or other criminal acts).
Section 14.3 Drug-Free Awareness & Employee Assistance. Bargaining unit
employees have a right to know the dangers of drug abuse in the workplace, the policy
regarding such drug abuse, and what help is available to combat drug problems. This
Section of this Agreement is intended to address this matter.
The Employer agrees to offer an awareness program for all bargaining unit employees on
the dangers of drug abuse in the workplace. Posters, brochures, and appropriate guest
speakers at periodic group meetings will communicate information to employees.
In addition, to assist employees in overcoming drug abuse problems, the Employer will
offer the following rehabilitative help where applicable:
* Medical benefits for drug-abuse treatment
* Information about community resources for assessment and treatment
* Employee Assistance Program
The Union hereby understands that where rehabilitative assistance is offered by the
Employer and agreed to by the employee, failure of the employee to adhere to conditions
with regard to the rehabilitative program may result in appropriate disciplinary action
including suspension or dismissal.
Medical benefits for drug abuse treatment, as mentioned above, shall be limited to those
covered by the Employer's medical plan. (For further information on the medical
benefits for drug abuse treatment, refer to the City of Dublin "Employee Benefits
Handbook".)
Section 14.4 Supervisory Training. The employer also agrees to provide supervisory
training to assist supervisors in identifying illegal drug use by employees. All supervisors
shall receive at least four (4) hours of initial skill-building and information sharing
sessions, with at least one (1) hour of training occurring within six (6) weeks of a current
employee becoming a supervisor or from the date of hire of a supervisor. In subsequent
years, supervisors who have already received four (4) hours of initial training, will
receive two (2) hours of additional training to serve as a refresher and address new
concerns. This training shall be conducted by a qualified trainer holding one of the
following credentials:
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Substance Abuse Professional (SAP);
Certified Employee Assistance Professional (LEAP);
Certified Chemical Dependency Counselor (CCDC III);
Ohio Certified Prevention Specialist (OCPS);
Ohio Certified Prevention Consultant (OCPC).
The training shall cover the following subjects:
1. The physical, behavioral, and the performance indicators of drug use/abuse;
2. The effects of drug use/abuse;
3. Recognizing performance deficiencies caused by drug use/abuse;
4. Confronting employees with suspected drug use/abuse.
Section 14.5 Non-Supervisor Training. The Employer shall also provide non-
supervisory employee training regarding substance abuse issues and information about
the City's employee assistance program (EAP). All non-supervisory employees shall
receive at least two (2) hours of educational awareness initially on substance abuse issues
and two (2) hours annually thereafter. New employees shall receive educational
materials and information about this policy with the first six (6) weeks.
Section 14.6 Criminal Convictions & Notification Requirement. The Union hereby
understands that pursuant to the provisions of the Drug-Free Workplace Act, any
employee convicted of violating a criminal drug statute in this workplace must inform the
Employer of such conviction (including pleas of guilty and nolo contendere) within five
(5) days of the conviction occurring. Failure to so inform the Employer shall subject the
employee to appropriate disciplinary action including suspension or dismissal.
The Employer reserves the right to offer employees convicted of violating a criminal
drug statute in the workplace, participation in an approved rehabilitation or drug abuse
assistance program. If such a program is offered, and accepted by the employee, then the
employee must adhere to conditions with regard to the rehabilitation as a condition of
continued employment.
ARTICLE 15
CONSUMPTION OF ALCOIIOL
Section 15.1 Purpose. In the interest of maintaining a safe and productive working
environment for all City employees, protecting the public health, safety, and welfare,
upholding the public confidence in the work performed by City employees, and
upholding the organizational image/reputation of the City, the Employer and the Union
hereby agree that a policy concerning the use of alcohol by bargaining unit employees
should be addressed within this Agreement. The purpose of this Article, therefore, is to
provide the terms and conditions of such policy.
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The Union hereby understands that this policy shall be applicable to all bargaining unit
employees and shall be strictly enforced by all supervisory personnel.
Section 15.2 Policy. The Employer and the Union hereby agree that all employees,
including supervisory personnel, are strictly prohibited from consuming alcohol while on
duty. In addition, reporting for work while under the influence of alcohol, with any
residual effects of alcohol consumption (e. g. impaired judgment, sickness, impaired
reflexes, etc.), or where there is any evidence of alcohol consumption (e.g. odor of
alcohol on the breath), is likewise prohibited. For purposes of this policy, an employee is
considered to be "under the influence" of alcohol when the employee is found to be
impaired by alcohol. (The Employer and the Union hereby agree that a blood alcohol
content of 0.02% will be used as the standard for impairment.) Furthermore, all
employees are also prohibited from consuming alcohol during their designated lunch
break or meal period and while off duty anytime said employees are in City uniform or
are wearing any apparel which distinguishes themselves as employees of the City of
Dublin.
The Union hereby understands that any building, facility, structure, property, etc., or
contents thereof (i.e. employee lockers, offices, desks, etc.), owned or leased by the
Employer, shall be subject to unannounced inspection at any time by appropriate
supervisory personnel and City officials.
The Union likewise understands that compliance with this policy shall be strictly
enforced and that any employee violating this policy shall be subject to appropriate
disciplinary action which may include suspension or dismissal.
The Union further understands that they may also be subject to appropriate disciplinary
action for engaging in off-duty, illegal conduct/behavior unbecoming a City employee
emanating from the use of alcohol which detracts from the image or reputation of the
City as an organization or which erodes the public confidence in the City as an
organization (e. g. disorderly conduct, assault, fighting, criminal, menacing, disturbing the
peace, OMVI, etc., or other criminal acts).
Section 15.3 Alcohol Awareness & Employee Assistance. Bargaining unit employees
have a right to know the dangers associated with the use or abuse of alcohol and what
help is available to combat the problems associated with alcohol use or abuse.
The Employer agrees to offer an awareness program for all bargaining unit employees on
the dangers associated with alcohol use or abuse. Posters, brochures, and appropriate
guest speakers at periodic group meetings will communicate information to employees.
In addition, to assist employees in overcoming alcohol abuse problems, the Employer
will offer the following rehabilitative help where applicable:
Medical benefits for alcohol-abuse treatment
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Information about community resources for assessment and treatment
Employee Assistance Program
The Union hereby understands that where rehabilitative assistance is offered by the
Employer and agreed to by the employee, failure of the employee to adhere to conditions
with regard to the rehabilitative program may result in appropriate disciplinary action
including suspension or dismissal.
Medical benefits for alcohol abuse treatment, as mentioned above, shall be limited to
those covered by the Employer's medical plan. (For further information on the medical
benefits for alcohol abuse treatment, refer to the City of Dublin "Employee Benefits
Handbook".)
Section 15.4 Supervisory Traiiun~. The Employer agrees to provide supervisory
training to assist in identifying the problems associated with alcohol abuse by employees.
This training shall be conducted by a qualified trainer holding one of the following
credentials:
Substance Abuse Professional (SAP);
Certified Employee Assistance Professional (LEAP);
Certified Chemical Dependency Counselor (CCDC III);
Ohio Certified Prevention Specialist (OCPS);
Ohio Certified Prevention Consultant (OCPC).
The training shall cover the following subjects:
1. The physical, behavioral, and the performance indicators of alcohol use/
abuse;
2. The effects of alcohol use/abuse;
3. Recognizing performance deficiencies caused by alcohol use/abuse;
4. Confronting employees with suspected alcohol use/abuse problems.
ARTICLE 16
EMPLOYEE DRUG & ALCOHOL TESTING PROGRAM
Section 16.1 Purpose of Testing. In the interest of maintaining a safe and productive
working environment for all City employees, establishing a standard of conduct for City
employees, protecting the public health, safety, and welfare, upholding the public
confidence in the work performed by City employees, and upholding the organizational
image/reputation of the City, the Employer and the Union hereby agree that employee
drug and alcohol testing should be addressed within this Agreement. In that regard, the
purpose of this Article is to establish the terms, conditions and procedures regarding the
drug and alcohol testing of bargaining unit members.
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Section 16.2 Terms and Conditions of Testing. The Employer and the Union hereby
agree that all bargaining unit members, as a condition of this Agreement, shall be
required to submit, upon request, to a urinalysis, breath test, and/or blood test to detect
the presence of illegal drugs or alcohol in their systems under the following
circumstances:
A. When the Employer has reasonable suspicion to believe that an employee is under
the influence of illegal drugs or alcohol while on the Employer's premises or
conducting the Employer's business.
B. Following a work related accident or safety violation.
Employees who are directed to submit to testing shall be required to sign a consent form,
the form of which will be developed by the Director of Human Resources, which will
include consent that notice of the test results will be released to the Director of Human
Resources, or in his absence, the City Manager.
The Employer and the Union hereby agree that if employees of the bargaining unit are
required to submit to testing, failure or refusal to submit to the testing may result in
appropriate disciplinary action which may include suspension or dismissal. The actual
discipline to be imposed shall take into consideration all facts and circumstances
including the expressed reasons for the employee's refusal, the need for the testing, the
employee's desire for rehabilitation, and the employee's job performance.
Employees who have been found, through the testing procedures identified in Section
16.3 below, to have been under the influence of drugs or alcohol, or who have engaged in
conduct which obstructs the testing procedures (i.e. the use of masking agents or other
products to adulterate or dilute specimens), shall not be paid for the time they are off
work awaiting the testing results, and shall be subject to appropriate disciplinary action
including suspension or dismissal.
Section 16.3 Drug and Alcohol Testing Procedures. Drug and Alcohol testing shall be
conducted in the folio«-~ing manner:
A. When circumstances arise which require drug and/or alcohol testing, the Director
shall contact the Director of Human Resources or, in his/her absence, his/her
designee, to obtain approval for testing. Should disagreement exist between the
employee's supervisor or Director and the Director of Human Resources, or
his/her designee, regarding whether or not to proceed with testing, the City
Manager shall make the final determination. Upon receiving approval to proceed
with testing, the supervisor shall escort the employee to a designated D.H.H.S.
(Department of Health and Human Services) certified laboratory. After specimen
collection, the employee shall be escorted home. (In circumstances involving
"post accident" testing, where the employee requires off-site medical attention,
the testing procedure shall be initiated after proper medical attention has been
rendered. In the event the employee is hospitalized, testing shall be accomplished
20
by blood within the hospital environment as soon as possible.)
B. In screening for the presence of drugs or alcohol generally accepted screening
procedures shall be used. Whenever an employee is required to provide urine or
blood for the screening procedure, the employee shall be required to provide a
split specimen at the time of collection in order to facilitate the screening
procedure.
C. When screenings are performed, the threshold level for determination shall be
established in accordance with generally accepted medical procedures and
existing laws or regulations.
D. In testing urine or blood specimens for the presence of illegal drugs and/or
alcohol, the first specimen shall be submitted for testing to a certified laboratory.
If illegal drugs and/or alcohol are found in the f°irst specimen, then that same
specimen shall be submitted for further verification (confirmatory) testing. If
both initial and verification (confirmatory) tests are positive for an illegal drug
and/or alcohol, the Director of Human Resources, or his/her designee, shall be
notified by the Medical Review officer (MRS) at the certified laboratory. The
Director of Human Resources, or his?`her designee shall in turn contact the
employee.
E. The employee must then decide whether or not he/she wishes the second
specimen provided at the initial collection to be further tested. If the employee so
requests, then the second specimen shall be tested using a second certified
laboratory.
F. If the employee does not request the screening of the second specimen after the
initial specimen tests positive, or if the employee does request the testing of the
second specimen and it also tests positive for an illegal drug or alcohol,
appropriate rehabilitative and,-`or disciplinary action shall be taken, which may
include suspension or dismissal.
G. In the initial testing of the fiirst blood/urine specimen provided at the time of
collection, should masking agents (e.g. Klear, Ur-n-luck, Zydot, etc.) be detected,
such shall be considered as a "refusal to submit to testing" and the option to
pursue testing of the second specimen shall be forfeited. The City shall be so
notif°ied. Such "refusal to submit to testing" shall result in appropriate
disciplinary action, including suspension or dismissal.
H. In the testing of blood/urine specimens provided at time of collection, should a
"dilute negative" result be received by the City, the employee shall be required to
repeat the testing procedure within 24 hours. The result of the second test shall
then become the test of record. Should the employee decline to take the second
test, such shall constitute a refusal to submit to testing, which shall result in
21
appropriate disciplinary action, including suspension or dismissal. Should a
"dilute positive" result be received by the City on the first or second test, such
shall be considered as a verified positive test which shall result in appropriate
disciplinary action, including suspension or dismissal.
I. Should the Employer use breath alcohol testing as an alternate method to
blood/urine testing, all breath testing shall be administered by a trained Breath
Alcohol Technician (BAT). In addition, only Evidential Breath Testing (EBT)
devices certified by the Federal Government shall be used along with the
prescribed breath alcohol testing form.
J. In the administration of breath alcohol testing, an initial breath test shall be
conducted via the Evidential Breath Testing (EBT) device. If the initial test
results in a reading of less than 0.02, the test shall be recorded as "negative". If
the initial test results in a reading of 0.02 or greater, a confirmatory test shall be
administered. Prior to the administration of a confirmatory test, there shall be a
20-30 minute waiting period to ensure that the presence of mouth alcohol from
the recent use of food, tobacco, or hygiene products does not artificially raise the
test result. Should the confirmatory test result be different fiorn the initial test
result, the confirmatory test shall be deemed the final result. A test result of 0.02
or greater on the confirmatory test shall result in appropriate disciplinary action,
which may include suspension or dismissal.
K. Following the receipt of drug and/or alcohol testing results by the City, the City
shall advise the employee regarding his/her return to work.
Section 16.4 Referral To Emuloyee Assistance Program. If the results of drug and/or
alcohol testing are positive, but do not warrant dismissal of the employee, a referral to the
Employee Assistance Program will be offered. Although employees will be offered a
referral through the Employee Assistance Program, they are still subject to appropriate
disciplinary action.
If an employee accepts a referral to the EAP for assessment as a result of a positive drug
and/or alcohol test, he/she must comply with any recommendation made by the EAP
Drug and Alcohol Counselor resulting from an assessment, as a condition of continued
employment. The employee shall further comply to random drug and/or alcohol testing
for a period of up to two years. Failure to comply with any of the conditions associated
with the recommendations of the Counselor, the conditions associated with the
rehabilitation program, or the random testing, as specified above, may result in dismissal
of the employee.
ARTICLE 17
USE OF PRESCRIPTION & "OVER-THE-COUNTER" A~ZEDICATION
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Section 17.1 Purpose. In the interest of maintaining a safe and productive working
enviromnent for all City employees, establishing a standard of conduct for City
employees, protecting the public health, safety, and welfare, upholding the public
confidence in the work performed by City employees, and upholding the organizational
image/reputation of the City, the Employer and the Union hereby agree that use of
prescription and "over-the-counter" medication by employees should be addressed within
this Agreement. In that regard, the purpose of this Article is to establish terms and
conditions concerning the use of prescription and "over-the-counter" medication by
bargaining unit employees.
Section 17.2 General Terms & Conditions. In general, employees taking medication
legally prescribed by a physician, or purchased "over-the-counter", which may impair the
employee's judgment, job performance, and physical/mental capabilities, shall advise
their immediate supervisors of the medication being used and the possible effects (to the
employee's knowledge) of such medication. Such notice should be given prior to the
employee commencing work. The City will provide the form for such purpose.
When an employee so notifies his/her supervisor, the supervisor shall temporarily
reassign the employee to other duties which can be performed, if such duties are
available. If such duties are not available, the supervisor shall authorize appropriate
leave for the employee (i. e. sick, vacation, personal, comp time, etc.).
Section 17.3 Failure to Notify Supervisor. The Employer and the Union hereby agree
that if an employee works while taking medication legally prescribed by a physician, or
purchased "over-the-counter", which causes the type of effects as those previously noted
under Section 17.2, without notifying his supervisor, such employee shall be subject to
the appropriate disciplinary action, if any, up to and including suspension or discharge.
The Union acknowledges that the Employer may become aware of the presence of a
legally prescribed or "over-the-counter" medication, referenced in Section 17.2, as a
result of a drug/alcohol test administered to the employee pursuant to Articles 14, 15, and
16 of this Agreement.
ARTICLE 18
LAYOFFS
Section 18.1 Layoffs. Whenever there is a lack of work, a lack of funds, or other
circumstances exist where continued work would not be cost efficient, effective, or
reasonable, and such requires a reduction in the number of employees of the City, the
City Manager shall determine the job classifications in which such reduction shall be
made and the number to be laid off. Employees shall be laid off at the time and in the
number specified by the City Manager in the inverse order of their seniority. Within the
affected job classifications, all temporary, seasonal, intermittent, casual, and part-time
employees would be laid off first, then full-time probationary employees, followed by
full-time regular employees. The City will make a good faith effort to discuss the need
23
for the layoff as much in advance of the proposed effective date as is reasonable under
the circumstances. All employees to be laid off under such alay-off action shall be
provided forty-five (45) days advanced notice by the City.
Section 18.2 Call-back. When employees are laid off as specified in Section 18.1, their
names shall be placed on a Re-employment Eligibility List established by the Division of
Human Resources. When the work or financial situation permits, those employees who
have been laid off shall be called back to work and reinstated to the job classification they
held before layoff with the same status and seniority as they had at the time of layoff, in
inverse order of their layoff, if they are available. If not available within fourteen (14)
calendar days of call-back notification, or if they decline an offer of re-employment, or if
they do not respond to the City within fourteen (14) calendar days of call-back
notification, their names shall be removed from the Re-Employment Eligibility List. The
Re-employment Eligibility List shall be valid for three (3) years from the date of original
creation unless said list is exhausted prior to the completion of the three (3) year time
frame due to the re-employment of all individuals on said list, the removal of all
individuals' names from said list for reasons of non-availability or declination of re-
employment, or any combination thereof. Call-back notification shall be provided to
laid-off employees by certified mail addressed to the last known mailing address of said
laid-off employees. It shall be the responsibility of the laid-off employees to keep the
Division of Human Resources advised of their current mailing address.
ARTICLE 19
MISCELLANEOUS
Section 19.1 Agreement Copies. As soon as is possible following the signing of this
Agreement, the Employer and the Union shall have printed sufficient copies of this
Agreement. The actual cost of printing this Agreement, and any future printing beyond
the copies specified herein in an amount the parties may later agree as necessary, shall be
shared equally by the parties. The Union shall be responsible for distribution of copies to
current members and the Employer shall be responsible for distribution of copies to new
members who are hired during the terns of this Agreement.
Section 19.2 Bulletin Boards. The City shall provide reasonable space at the time clock
for one Union-provided bulletin board within the garage/shop/custodial worker areas
within the Division of Streets & Utilities, Division of Parks & Open Space, Division of
Facilities, Maintenance Center, 5800 Building, and the Community Recreation Center.
These bulletin boards shall be for the exclusive use of the Union to post notices and
information related to Union affairs. These boards shall be maintained by the bargaining
unit memberships and be kept in neat order at all times. Should these boards fall into
disarray, the City will notify the appropriate Unit Representative and such Representative
shall ensure that the board{s) are restored to proper order at his?`her first opportunity.
Non-bargaining unit personnel shall not be permitted to remove, add to, or alter Union
24
material posted on these boards unless said material contains obscene, racially/sexually
offensive, other unlawful, or defamatory information. A reasonable effort shall be made
by the Employer to contact a Union representative prior to removing any material.
ARTICLE 24
SENIORITY
Section 20.1 Seniority. For purposes of this Agreement, "Seniority" shall be defined as
total continuous service as a full-time employee of the bargaining unit. Seniority shall
begin to accumulate on the date an individual becomes employed in a position within the
bargaining unit. Continuous service shall reflect the uninterrupted service of an employee
as calculated by years/days of service. Continuous service shall be interrupted only when
a "break in service" occurs. A "break in service" shall occur in the following instances:
1. Resignation/Separation;
2. Removal/Dismissal;
3. Failure to return from an authorized leave of absence.
As established in Section 20.1 seniority shall begin to accumulate on the date an
individual becomes employed in a position within the bargaining unit; however, should
more than one (1) individual be hired on the same day, seniority preference will be
determined by the individual's relative ranking in the selection process. An individual
with a higher ranking shall always receive seniority preference over an individual with a
lower ranking.
A "break in service" shall not occur if an employee is reinstated due to the disaffirmance
of removal or layoff. An employee who has a "break in service" and who is subsequently
rehired or reinstated shall not receive continuous service credit for the time spent during
the "break in service"; however, the employee shall receive continuous credit except for
the period of time in which the "break in service" occurred.
Section 24.2 Application of Seniority -Leave Requests. "Seniority", as defined in
Section 20.1 above, shall be the means for determining approval of vacation and personal
leave requests when such leave requests are submitted simultaneously, to the same
supervisor, by two (2) or more employees of the bargaining unit for the same period of
time.
Section 20.3 Application of Seniority -Shift Vacancy and Position Vacancy.
Whenever a vacancy occurs in a full-time position, the following three step process shall
be followed:
Step 1. The Division shall post a "Shift Vacancy Announcement" for a minimum of
ten (10) calendar days to allow any interested employee presently serving in a full-
time position within the same work unit (parks and open space maintenance, facilities
25
maintenance, custodial, mechanics, sign shop, and streets and utilities maintenance),
to apply for the position. The vacancy shall be filled by seniority. Any subsequent
vacancies caused by trying to fill the initial advertised vacancy shall also be filled by
seniority within the work unit. Once opportunities to fill the vacancy(ies) within the
work unit are exhausted, the last remaining vacancy may be filled pursuant to Step 2
below. Employees presently in their original appointment probationary period shall
not be eligible for vacant positions until after the conclusion of their probationary
period.
Step 2. The Division shall post a "Position Vacancy Announcement" for a minimum
of ten (10) calendar days to allow any interested employee presently serving in a full-
time position within the Bargaining Unit to apply for the position. The Division shall
identify, on the "Position Vacancy Announcement", the specialized qualifications,
knowledge, skills, and abilities required to successfully perform the duties of the
vacant position. In filling the position, the Division shall give consideration to all
applicants who apply. The following criteria shall be used in selecting an employee
to fill the position: job-related qualifications, knowledge, skills and abilities, work
performance; and seniority based upon time with the City of Dublin in a full-time
regular position. Where all applicants' qualifications, knowledge, skills, abilities and
work performance are relatively equal in the judgment of the hiring supervisor,
seniority as previously defined shall be the deciding factor. If qualifications,
knowledge, skills, abilities, work performance, and seniority are equal, seniority
preference shall be determined by the individual's relative ranking in the new hire
selection process when first hired. The higher ranking shall always receive seniority
preference. Should it not be possible to determine which candidate ranked higher in
the new hire selection process, one toss of a coin shall be the determining the factor.
Employees presently in their original appointment probationary period shall not be
eligible to compete for vacant positions until after the conclusion of their
probationary period. After the selection has been made, the employee shall assume
his/her new position within sixty (60) days unless otherwise extended, for good
reason, by the Director of Service. If no member of the Bargaining Unit is
determined to be qualified to fill the vacancy, Step 3 below will be followed.
Step 3. If no Bargaining Unit member is determined to be qualified, the position
vacancy shall be filled externally.
Section 2Q.4 Annlication of Seniority -Overtime Assi~iments. In non-short notice
overtire situations, as defined in Article 36, the City agrees to offer overtime
assignments first to bargaining unit members (by job classification and work unit) on the
basis of seniority. This offer shall be made starting with the most senior member of the
bargaining unit (by classification and work unit) proceeding to the least senior member of
the bargaining unit (by classification and work unit) and then to all other bargaining unit
employees within the City and then to seasonal employees (by classification and work
unit).
Should the overtime assignment not be filled within the work unit generating the
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overtime, the overtime will then be offered to all bargaining unit members by
classification, seniority, and ability to safely perform the work.
Should the overtime assignment not subsequently be filled, the least senior member of the
bargaining unit (within the classification and work unit for which the overtime
assignment is applicable} shall be compelled to work the overtime assignment. Short
notice overtime situations shall be governed by Article 36.
ARTICLE 21
DISCIPLINE
Section 21.1 Disciplne Far Cause. No bargaining unit employee, who has successfully
completed his probationary period, shall be disciplined without cause. Cause may
include, but is not limited to, the violation of City/Departmental/Divisional rules and
regulations, incompetency, inefficiency, dishonesty, drunkenness, immoral conduct,
insubordination, discourteous treatment, neglect of duty, absence without leave, any
conduct unbecoming an employee, any acts of misfeasance, malfeasance, or nonfeasance,
or any off-duty illegal conduct/behavior where there is a reasonable nexus to the
individual's employment «~ith the City.
Section 21.2 Progressive Discipline. The principles of progressive disciplinary action
will be followed with respect to minor offenses. For minor offenses, an oral reprimand, a
written reprimand, and a suspension without pay shall be given prior to demotion or
dismissal.
The primary responsibility for the administration of discipline shall rest with the
appropriate supervisory personnel over the employee to be disciplined, and such
disciplinary action may consist of any action which is appropriate to the offense,
including, but not limited to:
A. Informal, oral reprimand;
B. Formal, written reprimand;
C. Suspension from duty without pay, not to exceed five (5) days;
D. Any other action appropriate to the nature or severity of the offense;
E. Dismissal.
Disciplinary action taken against an employee, which is other than in the nature of a
minor first offense warning, shall be in writing and made a part of the employee's
permanent personnel file.
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Section 21.3 Pre-Disciplinary Conference. Prior to the administration of disciplinary
action constituting a suspension without pay or dismissal, aPre-Disciplinary Conference
shall be held to give the employee an opportunity to offer an explanation regarding the
alleged offense/misconduct on his part. This Pre-Disciplinary Conference shall take
place within a reasonable period of time following the incident in question and shall not
be unreasonably delayed by either the Employer or the employee. Nothing within this
Section shall preclude the Employer from relieving the employee from duty if, in the
judgment of the Employer, such action is necessary.
Section 21.4 Disciplinary Action Imposed. The Employer's decision regarding
whether or not to impose disciplinary action shall be made within a reasonable period of
time following the incident in question, or the conclusion of the Pre-Disciplinary
Conference (if applicable).
Section 21.5 Copy of Discipline Record. Whenever a disciplinary action is taken
which results in a disciplinary action of record (A. through E. in Section 21.2), the
employee and the Union shall be given a copy of such record.
Section 21.5 Appeal. A bargaining unit employee (who has successfully completed his
probationary period), who feels aggrieved by the administration of discipline such as in
A. through E. of Section 21.2, may appeal such disciplinary action in accordance with the
Grievance Procedure in Article 9.
ARTICLE 22
PERSONNEL RECORDS
Section 22.1 Personnel File. One, and only one, official personnel file shall be
maintained for each employee and shall be in the custody of the Division of Human
Resources. The personnel file shall contain all the official records of the City regarding
an individual employee, with the exception of medical records, which shall be maintained
in a separate file pursuant to applicable Federal and State Law and, which shall be
considered confidential. Where past disciplinary actions or allegations of misconduct are
relevant to considerations of future disciplinary action or promotion, only those
disciplinary actions of record contained in the personnel file shall be considered. An
employee may review his personnel file at reasonable times in the presence of the
Director of Human Resources, or his designee, upon request to the Director of Human
Resources, or his designee. During the term of this Agreement, each employee may
obtain one copy of his entire personnel file at no cost. This copy shall be provided upon
request from the employee and within a reasonable period of time. All other copies of
documents shall be made available to the employee at a reasonable charge. Anytime a
document is placed in the employee's personnel file, the employee shall be forwarded a
copy of such document, with the exception of selection records and materials created
prior to the employee's date of appointment (e.g. reference checks, criminal record
checks, interview appraisal forms, etc.); such selection records/materials shall be made
28
available for inspection of the employee upon request to the Director of Human
Resources, or his designee. The confidentiality of matters contained in the personnel
files shall be the responsibility of the Director of Human Resources who shall release
only such information permitted by law and then only to those persons with a legitimate
right to the information, subject to the provisions of the Ohio Privacy Act, Ohio Public
Record's Act, or other applicable Federal or State Law. In the event a legitimate request
is made to inspect or obtain copies of records from an employee's personnel file, the City
will make a reasonable attempt to notify the employee that such a request has been made.
Section 22.2 Retention of Records. All actions of record, including appointment,
evaluations, promotions, counseling statements, reprimands, dismissals, suspensions, will
be maintained in each employee's personnel file throughout his period of employment.
Record of counseling statements or documented oral reprimands will not be considered
for purposes of future disciplinary action more than six (6) months after issuance
provided that no repeated offense(s) of a same or similar nature have occurred within said
six (6) month period following issuance. Record of written reprimands will not be
considered for purposes of future disciplinary action more than one (1) year after
issuance provided that no repeat offense(s) of a same or similar nature have occurred
within said (1) year period following issuance. Suspensions of less than thirty (3Q) days
will not be considered for purposes of future disciplinary action more than three (3) years
after issuance provided that no repeated offense(s) of a same or similar nature have
occurred within said three (3) year period following issuance.
In the event that a repeated offense(s) of a same or similar nature occurs during the
appropriate time frame(s), the initial disciplinary action shall be considered for the
duration of the time period for which the most recent documented disciplinary action will
remain in effect for purposes of future disciplinary action.
Section 22.3 Inaccurate Documents. If, upon examining his persorulel file, an
employee has reason to believe that there are inaccuracies in documents contained
therein, he may write a memorandum to the Director of Human Resources explaining the
alleged inaccuracy. If the Director of Human Resources concurs with the employee's
contentions, he shall either correct or remove the faulty document or attach the
employee's memorandum to the document and note thereon his concurrence with the
memorandum. He may also attach the memorandum to the document and note his
disagreement with memorandum's contents.
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ARTICLE 23
RATES OF PAYIWAGES
Section 23.1 Wane Structure. Effective upon execution of this Agreement, but
retroactive to July 15, 2007, the follo~~~ing wage structure shall be in place for the
Maintenance Worker and Sign Worker classifications:
Step A $ 37,897.66
Step B $ 40,144.50
Step C $ 42,360.75
Step D $ 44, 571.75
Step E $ 46,620.21
Step F $ 48,595.40
Step G $ 50,520.33
Step H $ 52,344.77
Effective upon execution of this Agreement, but retroactive to July 15, 2007, each
existing employee within the Maintenance Worker and Sign Worker classifications shall
be placed in the step that provides them with a minimum increase of $1,000 over current
salary as of the effective date of agreement. Thereafter, each existing employee shall
receive an annual step increase on his/her anniversary date of appointment (including any
anniversary date after 07-15-2007).
EtTective September 1, 2008, the following wage structure shall be in place for the
11'Iaintenance Worker and Sign Worker classifications:
Step A $ 38,845.10
Step B $ 41,148.12
Step C $ 43,419.77
Step D $ 45,686.04
Step E $ 47,785.72
Step F $ 49,810.28
Step G $ 51,783.34
Step H $ 53,653.39
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Effective September 1, 2009, the following wage structure shall be in place for the
11'Iaintenance Worker and Sign Worker classifications:
Step A $ 39,816.22
Step B $ 42,176.82
Step C $ 44,505.26
Step D $ 46,828.19
Step E $ 48,980.36
Step F $ 51,055.54
Step G $ 53,077.93
Step H $ 54,994.73
Effective upon execution of this Agreement, but retroactive to July 15, 2007, the
following wage structure shall be in place for the Automotive Mechanic I classification:
Step A $ 39,219.35
Step B $ 41,319.76
Step C $ 43,472.82
Step D $ 45,712.43
Step E $ 47,769.90
Step F $ 49,919.95
Step G $ 52,069.99
Step H $ 54,220.04
Effective upon execution of this Agreement, but retroactive to July 15, 2007, each
existing employee within the Auto Mechanic I classification shall be placed in the step
that provides them with a minimum increase of $1,000 over current salary as of the
effective date of agreement. Thereafter, each existing employee shall receive an annual
step increase on his/her anniversary date of appointment (including any anniversary date
after 07-15-2007).
Effective September 1, 2008, the following wage structure shall be in place for the Auto
Mechanic I classification:
Step A $ 40,199.83
Step B $ 42,352.75
Step C $ 44,559.64
Step D $ 46,855.24
Step E $ 48,964.15
Step F $ 51,167.95
Step G $ 53,371.74
Step H $ 55,575.54
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EtTective September 1, 2009, the following wage structure shall be in place for the Auto
11'Iechanic I classification:
Step A $ 41,204.83
Step B $ 43,411.57
Step C $ 45,673.63
Step D $ 48,026.62
Step E $ 50,188.25
Step F $ 52,447.15
Step G $ 54,706.04
Step H $ 56,964.93
EtTective upon execution of this Agreement, but retroactive to July 15, 2007, the
following wage structure shall be in place for the Custodial Worker classification:
Step A $ 30,749.56
Step B $ 32,895.31
Step C $ 34,699.44
Step D $ 36,553.82
Step E $ 38,458.46
Step F $ 40,363.09
Step G $ 41,966.22
Step H $ 43,468.85
Effective upon execution of this Agreement, but retroactive to July 15, 2007, each
existing employee within the Custodial Worker classification, shall be placed in the step
that provides them with a minimum increase of $1,000 over current salary as of the
effective date of agreement. Thereafter, each existing employee shall receive an annual
step increase on his/her anniversary date of appointment {including any anniversary date
after 07-15-2007).
Effective September 1, 2008, the following wage structure shall be in place for the
Custodial Worker classification:
Step A $ 31,518.30
Step B $ 33,717.69
Step C $ 35,566.93
Step D $ 37,467.67
Step E $ 39,419.92
Step F $ 41,372.17
Step G $ 43,015.37
Step H $ 44,555.57
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EtTective September 1, 2009, the following wage structure shall be in place for the
C"ustodial Worker classification:
Step A $ 32,306.26
Step B $ 34,560.63
Step C $ 36,456.10
Step D $ 38,404.36
Step E $ 40,405.41
Step F $ 42,406.47
Step G $ 44,090.76
Step H $ 45,669.46
Section 23.2 Appointment and Advanced Step Hiring. The City Manager, when
making appointments to either the Maintenance Worker, Sign Worker, or Automotive
Mechanic I, or Custodial Worker classifications, shall be authorized to recognize the
overall qualifications of candidates in determining their placement within the wage
structure.
Section 23.3 Step Advancement. Following the employee's initial appointment to a
position within the Maintenance Worker, Sign Worker, Automotive Mechanic I, or
Custodial Worker classifications, advancement to successive steps within the wage
structure shall occur annually on the employee's anniversary date of appointment.
Section 23.4 Application of Pav Rates. The rates of pay set forth in Section 23.1 are
based on full-time employment of forty (40) hours in a work week and 2,080 hours in a
work year. These rates shall be used to calculate wages for hours in paid status for the
appropriate step. "Paid Status" shall include all hours in approved paid leave including
vacation, injury, military (active duty), personal, compensatory time, sick leave, etc.
Section 23.5 Longevity Pav. In addition to the other types of compensation identified
in Section 23.1, all employees shall receive a longevity payment based upon completed
years of service with the City according to the following schedule.
The following schedule shall be effective upon the execution of this Agreement, but
retroactive to July 15, 2007:
Completed Years of Service
with the City of Dublin Amount
Four (4} through six (6) years $ 750.00
Seven (7) through ten (10) years $ 950.00
Eleven (11) through fourteen (14} years $1,250.00
Fifteen (15) through nineteen (19) years $1,500.00
Twenty (20) or more years $1,700.00
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Longevity pay shall appear in the paychecks in which the employee's anniversary date of
appointment falls. The employee will be paid in one (1) lump sum in the form of a
regular paycheck for that given pay period which will be taxed at the employee's W-4
rate.
Should an employee be on Leave Without Pay for more than six (6) months within a
particular year during ~~~hich the employee would have normally been entitled for
longevity pay, the employee shall forfeit his,'her entitlement to such pay.
Section 23.6 Instant Bonus Program. All employees in the Maintenance Worker, Sign
Worker, Automotive Mechanic I, and Custodial Worker classifications shall be eligible
for an "instant bonus" in accordance with the following terms and conditions:
A. Each Department shall be allocated a proportional share of money for bonuses
to reward an individual employee or a team of employees for an exceptional
effort in implementing and completing a project or program that:
1. Significantly enhances the efficiency or effectiveness of City
operations, or;
2. Significantly exceeds expectations in the areas of performance or
customer service, or;
3. Demonstrates innovation or creativity in government.
B. If a bonus is awarded, it shall be awarded immediately, not at the end of the
year.
C. An individual employee may be eligible for one instant bonus in any calendar
year. The maximum bonus amount shall not exceed $1,444.44, however, the
typical bonus will be in the area of $254.44
D. Bonuses may be awarded upon written request of the employee's supervisor,
division director or department director, detailing the employee's achievement
and recommending a bonus amount. The bonus shall not be awarded unless
approved by the department director and the City Manager. All decisions
regarding the award of bonuses shall ultimately be at the discretion of the City
Manager.
E. In the event the division director and department director believe that time off
with pay would be a more effective reward for excellence under this program,
and the time off will not negatively affect the operation of the division, the
employee may be awarded up to eight (8) hours of paid leave in lieu of a
monetary bonus. The monetary value of the time off shall be deducted from
the remaining balance of bonus funds available to the department.
34
F. The division director should not inform the employee of the bonus until it is
approved by the department director and City l~~Ianager.
G. To be eligible for a bonus, the employee must demonstrate a clearly
exceptional level of effort and achieve an outcome that is superior.
H. Once a department's bonus funds are expended in a calendar year, there will
be no additional funds available to that department until the next calendar
year.
Section 23.7 Tempoiar_y Work assignment/Pay Supplement. When an employee is
designated to perform the duties of a higher level job classification, the employee shall be
compensated at a rate of pay commensurate with that higher level job classification for all
hours during which the employee performs such duties. The rate of pay shall be within
the higher level classification's established pay range and shall be set either at the
minimum of this higher level classification's pay range or at a point ten percent (10%)
greater than the employee's existing rate of pay, whichever is greater. However, this
increased rate of pay shall not exceed the maximum of the higher classification's pay
range.
Section 23.5 Shift Differential. Shift differential pay shall be provided as follows, with
the exception of hours in paid status while on approved leave:
1. For employees regularly assigned to first shift, shift differential shall be
applied to any hours worked between the hours of 5:00 p.m. and 6:45 a.m.
2. For employees regularly assigned to second or third shift, shift differential
shall be applied to any hours worked.
Shift differential pay shall be applicable to actual hours worked. Shift differential shall
not be paid in addition to regular pay for any hours spent on approved paid leave, with
the exception of leave due to mandatory training, which shall qualify for shift differential
pay. Mandatory training is defined as classes/coursework where employee attendance is
required by the Division. Time spent in optional training programs shall not qualify for
shift differential pay. If authorized overtime occurs in conjunction with the regular
workday, the shift differential shall be paid for each hour of overtime worked as specified
above. If shift differential pay is applicable, and overtime occurs, the shift differential
pay shall be added to the base hourly rate prior to computing the overtime rate. Shift
differential pay will be paid on a bi-weekly basis and will not be cumulative under any
circumstance.
Effective upon execution of this _~greement, the shift differential rate will be $.75/hour.
35
ARTICLE 24
HOLIDAYS
Section 24.1 Paid Holidays. The following are designated as paid holidays for
bargaining unit employees:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas Day
Section 24.2 Dates/Days Observed. Should the Federal or State government designate
a specific date or day of the week for observation of one of the above listed holidays, the
City will generally follow that designation. For employees assigned to a Monday through
Friday (Saturday and Sunday off), when a holiday falls on a Saturday, the Friday
immediately before the holiday shall be the observed day; should the holiday fall on a
Sunday, the Monday immediately following the holiday shall be the observed day. For
employees assigned to other than a Monday through Friday workweek (Saturday and
Sunday off) the holiday shall be celebrated on the calendar day on which the holiday
actually falls.
Section 24.3 Holiday Pay.
A. If a holiday falls on an employee's regularly scheduled day off and the employee
is not required to work the holiday, or if the employee is excused from work, the
employee shall receive eight (8} hours of compensatory time at the straight time
rate, provided that the employee was not absent without authorized leave on either
the workday before or after the holiday. An employee on sick leave the workday
before or after the holiday may be required to present a doctor's certificate in
order to receive credit for eight (8) hours of compensatory time.
B. When an employee works a holiday on his regularly scheduled workday, he shall
be entitled to eight hours straight time pay plus time-and-a-half pay (or
compensatory time) for all hours worked.
C. When an employee works a holiday on his regularly scheduled day off he shall be
entitled to eight hours straight time pay plus double time pay (or compensatory
time) for all hours worked.
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ARTICLE 25
PERSONAL LEAVE
Section 25.1 Allocation & Usage of Leave. Effective January 1 of each year under this
Agreement, each employee shall receive thirty-two (32) hours (four (4} days) of Personal
Leave. However, in the event an individual is appointed on or after November 1 of any
given year under this Agreement, said individual shall receive one (1) day (eight (8)
hours) of Personal Leave. In the event an employee is not in full pay status at the time
personal leave is normally allocated to each employee, yet returns to full pay status at
some point thereafter, the amount of that employee's personal leave allocation shall be
pro-rated. For every pay period the employee has been in less than full pay status, one
and one-quarter (1.25) hours of personal leave shall be deducted from the normal thirty-
two (32) hours annual allocation. Personal leave may be used by the employee provided
that said leave is approved in advance by the employee's immediate supervisor or other
appropriate administrative superiors. All personal leave must be used within the same
calendar year in which it is allocated or said personal leave shall be forfeited. Personal
leave shall be paid at the employee's straight time rate. Conflicts involving multiple
requests for the same period of leave shall be resolved on afirst-come-first-served basis.
Personal Leave shall not be used to artificially extend the separation date of an
employee's resignation from employment with the City. The effective date of an
employee's resignation from employment shall be the same as the employee's last day
worked.
Section 25.2 Pay~nent for Unused Personal Leave, Layoff or Death. In the event that
an employee is laid off from City service, said employee shall be compensated for all
unused personal leave at the rate of pay in effect at the time of layoff. For any other form
of separation, no compensation will be provided to the employee for unused Personal
Leave. In the event of the employee's death, such compensation shall be paid to the
employee's surviving spouse, or secondarily, his/her estate.
ARTICLE 26
SICK LEAVE
Section 26.1 Sick Leave Accrual. All employees shall be entitled to sick leave with pay
at the rate of five and fifty-four hundreths (5.54) hours per pay period. Sick leave with
pay shall accrue without limitation, with the exception that an employee shall earn the
full sick leave accrual each pay period only if the employee is in full pay status for the
entire period. In the event the employee is not in full pay status for the entire pay period,
he shall accrue sick leave at the rate of sixty-nine thousandths (.069) hours for each one
(1) hour in full pay status during the pay period. New employees shall be granted a three
(3) day sick leave "advance" upon the effective date of their appointment. However, no
additional sick leave will be allowed to accumulate until the end of the third month of
employment.
37
Section 26.2 Use of Sick Leave. Sick leave with full normal pay shall be granted for the
following reasons:
A. Actual illness or disability of the employee;
B. Illness or disability of one or more of the employee's immediate family
members, requiring the employee's personal care and attendance. Immediate
family, for the purpose of this section, is defined as mother, father, spouse,
son, daughter, step-son, step-daughter, legal guardian, or someone who stands
in place of a parent. Bargaining unit members shall be permitted to petition
the City Manager for usage of sick leave for illness of family members outside
the definition of immediate family. The parties agree that the City Manager
shall evaluate such requests and tnay, on a case-by-case basis, approve such
requests, at his discretion.
C. Enforced quarantine of the employee in accordance with community health
regulations.
D. Necessary appointments with physicians and dentists.
E. Where injury leave has expired and the employee must be absent from work
for an additional period.
In order to qualify for sick leave payments, the employee must notify his supervisor not
later than one-half (1/2) hour after his normal starting time on the first day of absence,
unless the circumstances surrounding the absence make such reporting impossible, in
which case such report must be made as soon as possible. Sick leave for doctor or dentist
appointments must be requested forty-eight (48) hours in advance, except in emergency
situations.
Absence from work due to a non-duty incurred illness or injury will be compensated for
by use of sick leave.
In the event an employee requests sick leave for a period of longer than two (2)
consecutive days, or for the day immediately preceding or following a holiday, he/she
may be required by his/her immediate supervisor to submit a doctor's certificate verifying
the illness and justifying the necessity of the absence. If the immediate supervisor
determines that an employee's use of sick leave is not justified, the immediate supervisor
shall have the authority to charge the absent time to the employee's vacation, personal
leave, or compensatory time balance or to record the absent time as leave without pay.
The City Manager, assisted by all supervisory personnel, shall be responsible for
preventing abuses of sick leave. Sick leave shall not be considered leave time which an
employee may use at his discretion for personal business. The employer may require
medical proof of the necessity for said sick leave, in which event the involved employee
38
shall be required to produce a statement from a medical doctor certifying to the necessity
of such absence. In the event the employee fails to submit adequate proof of the
necessity for sick leave, such leave shall be considered unauthorized leave and shall be
without pay. If an employee is found to have abused this sick leave policy, he/she shall
be subject to disciplinary action, including possible suspension or dismissal.
In the case of pregnancy, the pregnant employee will be permitted to continue working as
long as she is physically capable to do so with the approval of her physician and
supervisor. "Physically Capable" shall mean the ability to satisfactorily perform the
normal job duties of the position to which the employee is assigned, as determined by the
City. If deemed necessary by the employee's administrative superiors, the employee
must provide certification from a doctor of her choice that continued employment will
not be detrimental to the employee's health.
Vacation leave, personal leave, compensatory time, or approved leave without pay may
be used to supplement sick leave when the latter is exhausted. All sick leave shall be
requested by use of the established Leave Request Form.
Absence for a fraction of a day that is chargeable to sick leave in accordance with these
provisions shall be charged proportionately in one-quarter (1/4) hour increments.
Section 26.3 Conversion of Sick Leave. An employee shall be entitled to the
conversion of his/her Sick Leave as follows:
A. Upon Retirement. After at least ten (10) complete years (i.e. one hundred
twenty (120) months) of continuous service with the City, an employee, who
is laid off or who qualifies for retirement benefits under the State of Ohio's
"Public Employees Retirement System", and actually retires with a pension
from said system shall be entitled to receive payment for accrued, unused sick
leave. The rate of pay for such unused sick leave shall be at the employee's
straight time hourly rate of pay at separation multiplied by one-third (1/3) of
the total number of accrued sick leave hours. Total payment under this
provision shall not exceed five hundred forty (540) hours sixty-seven and one-
half (67.5} paid days}. In the event an employee dies while in the employ of
the City, except as provided in paragraph (B) of this section, and the employee
qualifies for retirement under PERS, his spouse, or secondarily, his estate
shall be paid the aforementioned rate of redemption for accrued unused sick
leave.
B. Upon Resignation. After twenty (20) years of non-continuous service with
the City of Dublin, an employee who resigns from City service in good
standing (employee's separation must not be for just cause) and who has a
minimum of one thousand two hundred eighty (1,280) hours of Sick Leave in
his/her Sick Leave balance at the time of resignation, shall be entitled to
convert a portion of his/her unused Sick Leave balance. The conversion
payment under this provision shall be the employee's straight-time hourly rate
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of pay multiplied by one-third (1/3) of the total number of unused Sick Leave
hours, up to a maximum of five hundred (500) hours.
C. Annual Conversion. During the month of December of each year, an
employee may convert a portion of his/her accrued but unused Sick Leave to a
cash payment subject to all of the following conditions:
1. The employee must have a Sick Leave balance of at least seven hundred
twenty (720) hours at the end of the first pay period in December;
2. The employee must have forty hours (40) hours or less of Sick Leave
usage as of the end of the first pay period in December (FMLA protected
leave exempted);
3. The employee may convert no more than forty-eight (48) hours of Sick
leave to pay;
4. Sick Leave shall be converted at the rate of two (2) hours of Sick Leave to
one (1) hour of pay at the straight time hourly rate of pay;
5. Once Sick Leave has been converted to pay, it shall not be converted back
to Sick Leave.
D. Killed During Performance of Duties. If an employee is killed while
performing his authorized, assigned job duties, his surviving spouse, or
secondarily, the estate, shall be paid for one hundred percent (100%) of the
value of the employee's accrued but unused sick leave, at the straight time rate
in effect at the time of death. The amount so paid shall constitute payment in
full for all accrued and unused sick leave credited to the employee.
Section 26.4 Sick Leave Transfer from Prior Public Einuloyer. Any employee who
has accrued sick leave with the State of Ohio or any political subdivision of the State
shall be entitled to have this accrued sick leave transferred to the City of Dublin, provided
the employee was hired by the City within ten (10) years of resignation separation from
the prior public Employer, and provided the City receives written verification of such
prior service from the prior public Employer.
ARTICLE 27
HOURS OF WORK AND OVERTIME
Section 27.1 Workweek. The workweek normally consists of forty (40) hours based on
five (5) consecutive eight (8) hour work days followed by two (2) consecutive days off.
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Section 27.2 Overtime. Employees shall be compensated at straight-time rates for all
hours worked, as well as in paid status, except that all hours worked, or in paid status, in
excess of forty (40) hours in any workweek shall be compensated for at a rate of time-
and-one-half (1-1/2). No employee shall be paid for overtime work which has not been
authorized by a supervisor.
Section 27.3 Seventh Consecutive Day of Work. When an employee is required by an
appropriate supervisor to work on the seventh consecutive day within his scheduled work
week, and the employee has actually worked at least thirty-two (32) hours in the five (5)
previous days plus a minimum of three (3} hours on the sixth (6th) consecutive day of
work, that employee shall be compensated at the rate of double-time for all hours worked
on the seventh consecutive day. For purposes of this section, the seventh (7th) day shall
be considered to start at 12:00 midnight and end at 11:59 p.m.
Section 27.4 Call In Pay/Show-Up Pay. When an employee is called in or scheduled in
advance for work by an appropriate supervisor, and the employee reports for said work
more than thirty (30) minutes after the completion of his shift, the employee shall be paid
for a minimum of three (3) hours at the appropriate overtime rate or be credited with a
minimum of three (3) hours of compensatory time at the appropriate overtime rate.
Section 27.5 Compensatory Time. At the election of the employee, overtime may be
compensated with compensatory time off in accordance with the provisions of the Fair
Labor Standards Act. Such compensatory time off shall be equal to one and one-half (1-
1/2) times or two (2) times, whichever may be applicable, for each one (1) hour of
overtime worked. The maximum number of accumulated compensatory hours permitted
in an employee's compensatory time bank, at any point in time, shall be two hundred
forty (240). After an employee's maximum compensatory time bank has reached two
hundred forty (240) hours, all additional overtime for such employee shall be paid at the
appropriate overtime rate. If at the end of each calendar year (December 31,) the
employee has one hundred sixty (160) hours of compensatory time in his compensatory
time bank, he shall be permitted to convert up to fifty (50) hours of compensatory time in
said bank to cash. The calculation for converting Compensatory Time to cash shall be
the employee's established hourly rate of pay multiplied by the number of hours the
employee desires to convert. In the event the employee wishes to exercise this option, it
shall be his responsibility to forward a memorandum to the Department of Finance
specifying the number of hours he wishes to convert to cash, prior to the end of the first
pay period in the new calendar year. The cash conversion will then be paid in the form of
a separate payroll check and shall be forwarded to the employee on the scheduled pay
date at the conclusion of the second pay period in the new year.
Section 27.6 Payment Far Accrued Compensatory Time Upon Separation. An
employee who has accrued compensatory time shall, upon the termination of employment
for any reason, be paid for the unused compensatory time at the rate of pay received by
the employee at the time of separation. In the event of any employee's death, such
compensation shall be paid to the employee's surviving spouse or, secondarily, his estate.
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Section 27.7 Use of Compensatory Tune. Any request for compensatory time of more
than eight (8) consecutive hours use shall be submitted at least seventy-two (72) hours in
advance of its requested usage. The notice period may be waived in cases where
circumstances make compliance impracticable. Requests for eight (8) or less consecutive
hours use may be submitted with less than seventy-two hours' notice and may be
approved, as scheduling and operational needs of the Division permit such usage.
Compensatory time may be requested in multiples of one-quarter (1/4) hours.
ARTICLE 28
REINSTATEMENT FROM CERTAIN PERSONNEL ACTIONS
Section 28.1 Reinstatement from Resignation. Any employee who voluntarily resigns
his position within the bargaining unit, may be reinstated to a full-time position within
the same job classification from which he resigned if there is a need for his services
within two (2) years after the date of resignation, subject to approval by the City
Manager. If there is no vacancy at the time of request for reinstatement, the Director of
Human Resources shall place the name of said applicant at the top of the appropriate re-
employment list for the remainder of the two (2) year period.
Section 28.2 Reinstatement from Military Service. Pursuant to the Ohio Revised
Code Section 4903.03, any employee who leaves, or has left, the City service to enter the
active service of the Armed Forces of the United States, or any branch thereof, and who
is subsequently reinstated to employment with the City, shall be entitled to receive
compensation at the Step rate to which the employee would have been entitled had
service with the City not been interrupted by service in the Armed Services.
Reinstatement rights are also governed by the Uniform Services Employment and Re-
Employment Rights Act ("USERRA").
Section 28.3 Reinstatement from Authorized Leave. Time spent on authorized leave
shall be credited for purposes of step advancement and shall not constitute a break in
service.
ARTICLE 29
VACATION LEAVE
Section 29.1 Vacation Year. The vacation year for employees shall end at midnight on
the last day of the payroll calendar year.
Section 29.2 Conditions for Accrual. Employees shall accrue vacation leave per pay
period at the annual rate set forth in Section 29.4. In addition, an employee shall not earn
his full vacation accrual in a given pay period unless he is in full pay status (i.e. on duty
or on approved leave with pay) in the entire pay period. In the event an employee is not
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in full pay status during the entire pay period, he shall accrue vacation on a pro-rated
basis taking into account the number of hours in full pay status during the pay period and
his rate of accrual at that given time. The formula for pro-rating the employee's accrual
under such circumstances shall be the number of hours in full pay status multiplied by the
converted hourly accrual rate.
Section 29.3 Prior Public Service Credit. An employee who has prior public service
with any state government, or any political subdivision thereof, may receive credit for his
prior service with such entity, for the purpose of computing the amount of his vacation
leave with the City, if the nature of said service is relevant to the nature of his service
with the City of Dublin.
A new employee of the City with less than one (1) year of prior public service, as
described under this Section shall not, within the first six (6) months of his employment
with the City, accrue or use vacation leave and, during the remaining six (6) months of
his first year of employment, said employee shall accrue and be entitled to use up to a
maximum of forty (40) hours of vacation leave.
A new employee of the City, with more than one (1) year of prior public service, as
described under this Section, shall be entitled to accrue vacation leave immediately upon
appointment, pursuant to the schedule and conditions established in this Section,
provided that proper verification of said prior public service is received by the City, and
said employee shall be entitled to use vacation leave after three months of service.
Section 29.4 Vacation Accrual Schedule. Each employee shall be entitled to vacation
leave based upon the following vacation accrual schedule:
Completed Years of Public Service Paid Vacation (Hours Per Yearl
0 - 1 Year 40 Hours
2 - 4 Years 108 Hours
5 - 10 Years 142 Hours
11 - 15 Years 180 Hours
16 - 20 Years 200 Hours
21 Years or Vlore 230 Hours
Section 29.5 Vacation Carry-Over. An employee with fewer than eleven (11)
completed years of public service may automatically carry over from one payroll
calendar year to the next a maximum of one hundred sixty (160) hours of vacation leave
previously earned but not used. An employee with eleven (11) or more completed years
of public service may carry-over a maximum of two hundred (200) hours of vacation
leave from one payroll calendar year to another payroll calendar year.
Section 29.6 Vacation Scheduling/t?se. The Division/Department shall attempt to
honor all vacation requests in the following manner with the understanding that all
vacation leaves shall be taken at such time or times at the discretion of and as approved
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by the Division Head.
A. Annual Scheduling. In December of each year, the Division shall post a vacation
schedule for the following year. Employees shall submit written requests for
vacation leave by January 1. In cases of conflict, seniority shall control as to
granting of requests for vacation leave. In the event an employee's request is
disapproved, that employee shall have seventy-two (72) hours to resubmit an
alternate request for consideration. During said seventy-two (72) hour period of
time, vacation requests from other employees with less seniority shall not be
approved. In the event the employee does not resubmit his alternate request
within said seventy-two (72) hour time period, vacation requests from other
employees with less seniority may then be approved.
B. Casual Scheduling. For other than annual scheduling, employees may request
occasional, casual use of vacation leave. Approval of such casual vacation leave
shall be on a first-come first-served basis.
C. Vacation leave may be taken in multiples of one-quarter (1/4) hour.
D. Vacation Leave shall not be used to artificially extend the separation date of an
employee's resignation from employment with the City. The effective date of an
employee's resignation from employment shall be the same as the employee's last
day worked.
Section 29.7 Rates of Pav for Vacation Hours. All vacation hours shall be paid at the
applicable straight time rates; however, an employee ordered to work while on approved
vacation leave shall be paid at the double time rate, with a minimum guarantee of four (4)
hours pay for each such call-in.
Section 29.8 Payment for Accrued Vacation Leave Upon Resi~nation/Separation
and Death. Employees who are laid off, who resign with two (2) week's notice, or who
are separated from City service shall be paid all unused but accrued vacation to which
they are entitled at the rate of pay in effect at the time of separation. In the event of an
employee's death, such compensation shall be paid to the employee's surviving spouse,
or secondarily, to his/her estate.
ARTICLE 30
INJURY LEAVE
Section 30.1 Iniury Leave with Pav. When an employee's absence from work is
necessitated because of an illness or injury incurred while on the job with the City and
said illness or injury is compensable under Ohio Workers' Compensation Law, injury
leave shall be granted for a period not to exceed one hundred eighty (180) calendar days
after the date of injury. Such leave shall be granted by the City Manager, or his designee,
44
based upon the recommendation of the Division/Department Head and upon submittal by
the employee of a statement from a licensed physician justifying that the employee is
unable to return to full work status due to the illness or injury. Such leave shall not be
charged against the employee's sick leave balance unless it is determined that the illness
or injury is anon-work-related illness or injury and is not compensable under Ohio
Workers' Compensation Law. In order to be eligible for injury leave, the employee must
report the illness/injury to his supervisor within three (3) work-days of the incident giving
rise to the illness/injury.
Simultaneously Frith the request for injury leave, the employee shall make application
and actively pursue a claim for lost wage benefits under Ohio Workers' Compensation
Law. If the application for benefits is granted and the claim allowed, the City's obligation
under the continued use of injury leave would be the monetary difference between the
employee's regular rate of pay and benefits received under the Workers' Compensation
system. However, as an alternative to lost wage benefits from Workers' Compensation,
the City retains the right to continue approving injury leave in lieu of the employee
pursuing lost wage benefits through Workers' Compensation.
In cases where injury leave or medical leave are necessary, the City may employ a
limited-duty work program which will provide for the attempted placement of Divisional
personnel who are unable to perform in their normal capacity. The limitations imposed on
injury leave shall be considered as limitations on leave granted as a result of each
incident of awork-related illness/injury, rather than limitations on leave to be granted in
any one calendar year or other unit of time.
ARTICLE 31
SPECIAL LEAVES
Section 31.1 Leave Without Pay. Leave without pay may be granted, upon the
approval of the City Manager, or his designee, if requested in writing by the employee.
An employee on leave without pay shall not accrue sick leave or vacation benefits and,
for non-medical/non-family leave situations or for the period beyond twelve (12) weeks
of family or medical leave, the employee will also be required to pay one hundred percent
(100%) of the cost associated with maintaining his medical, dental, vision, and/or life
insurance coverages if he wishes any or all of said coverages continued. Failure of any
employee to report promptly at the expiration of such leave of absence shall be
considered as a resignation. Leave without pay may be granted for:
A. Personal Leave. A leave without pay may be granted at the discretion of the City
Manager, or his designee, for personal reasons not to exceed thirty (30) days
without loss of seniority, if the employee can be spared. This may be extended
only with the written approval of the City Manager, or his designee, and must be
submitted in writing a minimum of two weeks prior to the requested date of the
e~~te~nsion.
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B. Extended Illness or Accident Leave. A leave without pay may be granted to an
employee for a period not to exceed one (1) year without loss of seniority when
such employee is physically unable to report for work because of illness or
accident. The employee must promptly notify his supervisor of the necessity
therefore (and the supervisor shall transmit the request to the City Manager, or his
designee, for approval), and the employee must supply certification from a
qualified physician attesting to the necessity for such absence.
C". Maternity Leave. A maternity leave without pay may be granted to an employee
without loss of seniority upon approval of the City Manager, or his designee.
Extension of the leave may be granted for a period not to exceed one (1) year, if
the employee's physician states in writing that such an extension is needed for
recuperative health reasons related to pregnancy. Leave without pay during the
probationary period shall not be counted part of that period.
D. Military Leave (Active Duty1. Except as may otherwise be specifically provided
herein, an employee may be granted a leave of absence without pay to be inducted
into or other«~ise enter the military on an active duty basis.
E. Contract Administration Leave. Leave without pay shall be approved for a unit
chairperson or Unit Griever or unit secretary for a period of time, cumulatively,
not to exceed a total of ten (10) calendar days per calendar year for labor contract
administration and enforcement training. The employee shall advise the
supervisor with as much advance written notice as possible, but in no case with
less than forty-eight (48) hours written notice indicating the approximate time
required to attend the training and the nature of the training.
Section 31.2 Leave with Pay. Leave with pay shall be granted upon the approval of the
City Manager, or his designee, to an employee in the following instances:
A. Court Leave. Leave with pay shall be granted to an employee in order that he
may serve required jury duty or if he is required by law to appear in a case
resulting directly from the discharge of his duties as a City employee. In such
cases, all witness or jury fees shall be signed over to the City.
B. Bereavement Leave. In the event of a death in an employee's family, the
employee shall be entitled to up to three (3) consecutive paid work days for a
funeral service and/or burial, charged against the employee's existing sick leave
balance, and an additional two (2) days, also charged against sick leave, for such
services out of state, if needed for these purposes. Additional days of sick leave
may be approved by the City Manager, or his designee, on a "case-by-case" basis,
given the merits of each particular set of circumstances. The family, for purposes
of bereavement leave, shall include: spouse, son, daughter, brother, sister, parent,
legal guardian, person who stands in place of a parent, grand-parent, grandchild,
step-father, step-mother, step-brother, step-sister, step-son, step-daughter, mother-
46
in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law,
grandparent-in-law, half brother and half sister, aunt, uncle, or any other relative
living in the home of the employee.
C". Nlilitary Reserve Leave. A member who, as a member of the Ohio National
Guard, the Ohio Defense Corporation, the Ohio Naval Militia, or as a reserve
member of the Armed Forces of the United States, is called upon to receive
temporary military training, shall be entitled to a leave of absence with pay for a
period or periods not to exceed twenty-two (22) eight (8) hour work days or one
hundred seventy-six (176) hours in any one (1) calendar year. A member
qualifying for paid military leave who is called or ordered to the uniformed
services for longer than the above period shall be paid for the remaining time
beyond the first twenty-two (22) eight (8) hour work days or one hundred
seventy-six (176) hours at his or her regular compensation rate less whatever
compensation the member may receive for such military service. If the member's
military compensation exceeds the compensation the member is otherwise entitled
to from the City, the member will not be entitled to any additional compensation
from the City.
D. Family/Medical Leave (FMLA Leave. Pursuant to the Family and Medical
Leave Act of 1993, FMLA leave may be granted to an employee who has been
employed for at least twelve (12} months by the City and who has provided at
least one thousand two hundred fifty (1,250) hours of service during the twelve
(12) months before the leave is requested. The leave may be granted up to a total
of twelve (12) weeks during any twelve (12) month rolling period for the
following reasons:
1. Because of the birth of a child or placement for adoption or foster care of a
child;
2. In order to care for the spouse, son, daughter, parent, or one who stood in
place of a parent of the employee, if such spouse, son, daughter, parent, or
"in loco parentis" has a serious health condition;
3. Because of a serious health condition that makes the employee unable to
perform his/her employment functions.
The employee must provide the employer with thirty (30) days advance notice of
the leave, if such leave is reasonably foreseeable, or such notice as is practicable
if thirty (30) days notice is not possible. The employee must provide the
employer with certification of the condition from a health care provider. The
employer, at employer's expense, may require a second opinion on the validity of
the certification. If this second opinion contradicts the first opinion submitted by
the employee, a third opinion, at the employer's expense, shall be sought from a
mutually agreeable physician, which shall be binding on both the employee and
employer. An employee seeking FMLA leave must first use paid sick time (if
47
applicable), vacation, personal leave, and compensatory time before going on
unpaid leave. The total amount of family leave paid and unpaid will not exceed a
total of twelve (12) weeks. In any case in which a husband and wife entitled to
family leave are both employed by the City, the aggregate number of workweeks
of leave to which both may be entitled may be limited to twelve (12) weeks taken
because of the birth of a child or placement for adoption or foster care of a child.
The employee will be responsible for his/her share of the health insurance cost (if
any) during the unpaid leave. If the employee does not return from the leave,
he/she is responsible for payment to the City of the monthly Single/Family rate
paid by the City on behalf of the employee during the leave. The City may, at its
sole discretion, waive the repayment of such amount. The City will be
responsible for the thirty (30) day plan costs under COBRA.
It is intended that this Article comply with the Family and Medical Leave Act of
1993 and the City may promulgate policies in furtherance of the Family and
Medical Leave Act that are not inconsistent with this Agreement.
E. Other. Leave with pay may be granted by the City IVlanager, or his designee, for
good and sufficient reasons which are considered to be in the best interest of the
City, but only in the event of extraordinary circumstances.
ARTICLE 32
LEAVE DONATION PROGRAM
Section 32.1 Purpose. The purpose of this Article is to establish regulations governing
the operation of a Leave Donation Program that allows employees to voluntarily donate
sick leave, vacation leave, personal leave, or compensatory time to another employee
when the employee experiences a catastrophic illness/injury, or when such an employee's
immediate household family member experiences such an illness or injury requiring the
employee's personal care and attendance, and the employee has exhausted all of his/her
sick leave, vacation leave, personal leave, compensatory time, or other applicable paid
leave balance.
Section 32 .2 Definitions.
Catastrophic Ilhiesslhiiury - A devastating illness or injury that is expected to
incapacitate the employee or a member of the employee's immediate household family
for an extended period of time, provided that taking extended time off from work creates
a financial hardship for the employee because he/she has exhausted all leave balances.
Catastrophic illnesses or injuries would commonly include, but are not necessarily
limited to, the following: cancer, AIDS, heart attack, heart surgery, stroke, or permanent
paralysis.
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Donation -The act of voluntarily, unconditionally, and irrevocably surrendering a
portion of one's sick leave, vacation leave, personal leave, and/or compensatory time to a
qualified employee.
Immediate Family Member - Mother, father, spouse, son, daughter, stepson,
stepdaughter, legal guardian, or someone who legally stands in place of a parent.
Section 32.3 Program Regulations
A. Eligibility
Eligibility to donate leave or to receive donated leave under this program shall
be limited to United Steelworkers bargaining unit members and all Non-Union
personnel of the City serving in full-time permanent positions. Eligibility to
receive donated leave under this program shall also be limited to those
employees who have a total of one hundred twenty (120) hours or less in all
forms of paid leave in the aggregate (i.e. sick leave, vacation leave, personal
leave, compensatory time) at the time of their written request to receive
donated leave, and who have not been disciplined for leave abuse the two (2)
years prior to the date of their request to receive donated leave.
B. Request far Leave
When an employee has less than a total of one hundred twenty (120) hours in
all forms of paid leave (as specified above) in the aggregate, the employee or
the employee's Division Head (with the employee's consent) may initiate a
request for assistance. The request shall be forwarded to the affected
employee's Department Head for review and consideration of the facts and
circumstances specific to the employee's need. Such review shall include, but
not necessarily be limited to, an assessment of a written certification from the
employee's physician regarding the employee's or family member's medical
condition, an analysis of the employee's sick leave usage and overall work
history with the City of Dublin, and consideration of input provided by the
Department's supervisory/managerial staff. Following this review by the
affected employee's Department Head, the Department Head may recommend
approval for receipt of donated leave to the City Manager. The City Manager
shall make the final decision regarding approval of the employee's request.
The final decision to approve or disapprove the request rests within the sole
discretion of the City Manager.
C. Donation Process, Procedures & Requirements
Should the employee's request to receive donated leave be approved by the
City Manager, employees (herein called donors) who desire to contribute
leave time shall complete a "Leave Donation Form." Such forms shall be
made available by the Division of Human Resources and by each
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Department/Division. The donor shall designate on the form the name of the
employee who is to be the recipient of the donated leave and the amount of
such donated leave.
Leave shall be donated in the following sequence and amounts for each
approved recipient:
1. The first eight (8) hours of any donation shall be vacation leave. If the
donor does not have vacation time available, this requirement may be
waived or reduced by the Department Head.
2. The second eight (8) hours of any donation shall be personal leave,
compensatory time, or vacation leave. If the donor does not have eight (8)
hours of such leave available, this requirement may be waived or reduced
by the Department Head.
3. After sixteen (16) hours of vacation leave, personal leave, or
compensatory time have been donated, or waived as specified above, sick
leave may then be donated. Sick leave donations shall be limited to forty
(40) hours. After forty (40) hours of sick leave donation has been reached,
the entire donation sequence may begin again starting with Item 1, above.
D. Minimum Donation Increments
The minimum amount of leave time which can be donated shall be one (1)
hour. Donors may contribute any amount of time at or above one (1) hour in
whole amounts (no fractions of an hour can be transferred). However, the
donor shall not be allowed to donate an amount of leave which would reduce
the donor's leave balance or combination of balances below one hundred and
twenty (120) hours of available leave time.
E. Divisional Coordviator
Should the employee's request to receive donated leave be approved by the
City Manager, the employee's Division Head shall designate another
employee of the same Division to serve as "Divisional Coordinator". The role
of "Divisional Coordinator" shall be to facilitate the flow of information and
to maintain a direct line of communication with the recipient. Upon approval
of all Leave Donation Forms by the donor's Department Head, all such forms
shall be forwarded directly to the "Divisional Coordinator". The "Divisional
Coordinator" shall collect all such forms, determine the proper number of
hours necessary to satisfy the recipient's need, on a pay period-by-pay period
basis, match the donated leave hours to the established need (again on a pay
period-by-pay period basis), and forward the required number of Leave
Donation forms with the recipient's time sheet directly to the Department of
Finance.
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Should the number of donated leave hours exceed the recipient's need for a
given pay period, those excess donated leave hours will be held in reserve by
the "Divisional Coordinator" and will be used to satisfy the recipient's
continuing future need for such hours. Should the recipient's eligibility to
receive donated leave cease, in accordance with Section 32.3 K. ("Eligibility
Ceases"), and donated hours remain in the above referenced reserve, these
hours will be returned to the donor within a reasonable period of time
thereafter. (It is critical to note that once donated leave time is forwarded
from the "Divisional Coordinator" to the Finance Department, and such
donated leave time is actually physically transferred from the donor's leave
balance to the recipient's sick leave balance, the donor has no right to recover
any portion of such leave time.)
F. Donation Credited
Upon receipt of all approved Leave Donation Forms, the Department of
Finance will credit all donated leave time to the recipient's sick leave balance.
G. Conditions on Receipt of Leave
Before an employee may receive the donated leave, he/she must have
exhausted all of his/her sick leave, vacation leave, personal leave,
compensatory time, or other applicable leave balances available to him/her
(excluding the exception listed below).
Exception: One leave balance designated by the employee (other than sick
leave) may contain no more than twenty-four (24) hours of leave time. Such
leave time will be held in reserve to allow the employee the opportunity to
take some time off following the end of the catastrophic situation, should such
time off be needed to attend to family needs.
H. Prohibition on Continued Accrual of Leave
While using donated leave, the employee shall not accrue or receive any leave
time in excess of the twenty-four (24) hours identified in Item G, above.
I. Prohibition on Conversion to Cash
All donated leave time, regardless of the type, shall be considered to be sick
leave and shall only be used under the conditions of sick leave as set forth in
the Collective Bargaining Agreement or the City Personnel Code (whichever
is applicable). No cash payments shall be provided to the employee or the
surviving spouse of the employee under this program.
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J. Continuation of Medical, Dental, Vision, Life Insurance And Other
Benefits
Employees using donated leave shall be considered to be in paid status solely
for the purpose of receiving all medical, dental, vision, and life insurance
benefits, step increases, merit increases, longevity payments, and seniority
credit to which they would have otherwise been entitled. However, original or
promotional probationary employees using such leave shall have their
probationary periods extended by the same length of time for ~~~hich the
employee has used the donated leave.
K. Eli6ibility Ceases
Eligibility to receive donated leave under this program shall cease upon
certification from the employee's physician that he/she is capable of engaging
in sustained regular employment, certification from the employee's family
member's physician documenting the family member's recovery from the
catastrophic illness/injury, an employee's application for disability retirement
is approved by the appropriate retirement system (Public Employee's
Retirement System of Ohio), or death of the employee or employee's family
member, whichever should first occur.
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ARTICLE 33
INSURANCE
Section 33.1 Medical, Dental, & Vision Benefits. The City shall make available group
medical, prescription drug, dental, and vision benefits to all employees and dependents
who meet the eligibility requirements of the plan. The plan design of this program shall
be substantially the same as that in effect on December 31, 2447 with the following
exceptions, which shall become effective upon execution of this Agreement.
A. Employee "Premium Equivalent" Contribution
Effective January 1, 2408, all employees enrolled in the City's Medical Plan shall pay a
monthly premium equivalent contribution through monthly payroll deductions as follows
below. Employees must be enrolled in order for spouses and dependents to participate.
Medical Plan
Employee "Premium Equivalent" Contribution
Monthly Contribution Effective 9!9/2008 Effective 9/9!2009 Effective
9/9/2090
951 of City's monthly 951 of City's monthly
For employee only $37 cost of coverage not to cost of coverage not to
exceed $60.00 exceed $65.00
For employee and minor 95% of City's monthly 45% ofCity's monthly
dependents $60 cost of coverage not to cost of coverage not to
exceed $97.00 exceed $905.00
For enrolled spouses 95% of City's monthly 45% ofCity's monthly
$55 cost of coverage not to cost of coverage not to
exceed $90.00 exceed $97,00
For employee, enrolled 95% of City's monthly 95% of City's monthly
spouse and minor $995 cost of coverage not to cost of coverage not to
dependents exceed $987.00 exceed $202.00
Participation in the wellness program is as it is defined each year will result in the waiver
of the monthly contribution.
B. Employee "Premium Equivalent" Contribution Waiver Qption ~ Wellness
Initiative
If the employee (and dependent spouse, if applicable) enrolls in the City's Wellness
Initiative as described below, the monthly premium equivalent contribution described in
Paragraph 33.1 A. shall be waived during such period of enrollment. Enrollment in the
City's Wellness Initiative (Healthy by Choice) is described below:
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11'Ieclical Plan
Employee "Premium Equivalent" Contribution
Waiver Oution ~ ~Velliiess Initiative
An annual opportunity to voluntarily waive the "premium equivalent" contribution will
be made in accordance with the City's ~~~ellness initiative as follows; an employee and
enrolled spouse must designate participation and annual basis during open enrollment.
2oa~
2oas
2009 & 2010
Employee "Premium
Equivalent" Contribution
will be waived if employee
(and enrolled Spouse)
choose to participate in the
City's Wellness Initiative
and designate such during
established open enrollment
period.
Employee "Premium
Equivalent" Contribution
will be waived if enrolled
employee (and enrolled
Spouse if applicable)
choose to participate in the
City's Wellness Initiative
including:
Requirement(s):
Employee "Premium
Equivalent" Contribution
will be waived if enrolled
employee (and enrolled
Spouse if applicable)
choose to participate in the
City's Wellness Initiative
including:
Requirement(s):
Requirement(s):
Employee and enrolled
spouse, if applicable, take
on-line Health Risk
Appraisal questionnaire,
participate in screenings
and submit documentation
during established open
enrollment period. Results
are not reviewed by City
personnel.
Health Risk Appraisal;
screenings, Employee and
enrolled spouse, if
applicable, shall develop
reasonable and attainable
health goal and must make
a good faith effort toward
such goals if appropriate;
complete preventive visit
with physician; and
participate in educational
Health Risk Appraisal;
screenings, Employee and
enrolled spouse, if
applicable, shall develop
reasonable and attainable
health goal and must make
a good faith effort toward
such goals if appropriate;
complete preventive visit
with physician; and
participate in an educational
and activity program.
C. Wellness Initiative Enrollees Recreation Center Aembership
If the employee enrolls in the City's Wellness Initiative during the annual open
enrollment period, the employee shall be entitled to a free Dublin Community Recreation
Center membership during such period of enrollment.
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D. Medical Plaui
Medical Plan
Preventive Care
In-Nehvork Out-of-Network
100% / 0% 0% / 100%
Covered items include, but are not
necessarily limited to annual physical
examinations, immunizations,
mammograms, pap smears, prostate exams, No covered items.
colonoscopies and routine lab work.
Services will be covered as recommended
by a physician based on age and family
history. (See Plan Document for more
information. )
Medical Plan
Co-Insurance
Effective Effective Effective
41-41-2448 41-41-2449 41-41-2414
In-Network Out-of- In-Network Out-of- In-Network Out-of-
Network Network Network
85%/15% 50%/50% 80%/20% 50%/50% 80%/20% 50%/50%
Medical Plan
Out-of-Pocket Maximmn
Effective Effective Effective
41-41-2448 41-41-2449 41-41-2414
In-Network Out-of- In-Network Out-of- In-Network Out-of-
Network Network Network
Individual Individual Individual Individual Individual Individual
$1,250 $6,000 $1,500 $7,000 $1,750 $8,000
Family Family Family Family Family Family
$2,500 $12,000 $3,000 $14,000 $3,500 $16,000
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Medical Plan
Hos ital In-Patient Sta
2008 2009 2010
In-Network Out-of- In-Network Out-of- In-Network Out-of-
Network Network Network
$100 co- $500 co- $100 co- $500 co- $100 co- $500 co-
payment payment payment payment payment payment
then then then then then then
85%/15% 50%/50% 80%/20% 50%/50% 80%/20% 50%/50%
Medical Plan
Emergency Room
Effective Effective Effective
01-O1 -2008 01-O1-2009 Ol-O1 -2010
In-Network Out-of- In-Network Out-of- In-Network Out-of-
Network Network Network
$100 co- $100 co- $150 co- $150 co- $150 co- $150 co-
payment payment payment payment payment payment
then then then then then then
85%/15% 50%/50% 80%/20% 50%/50% 80%/20% 50%/50%
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Medical Plan
Additianal Coverage Limitations
Service Type Limitation
Rehabilitation Services • Subject to appropriate in or out of
network co-insurance
• Limited to 24 visits per therapy type per
calendar year for in and out of network
combined
• Cardiac Rehab is limited to 36 visits per
calendar year for in and out of network
combined
• Additional visits may be approved based
upon medical necessity and physician
documentation
Durable Medical Equipment/ Prosthetic • Subject to appropriate in or out of
Appliances network co-insurance
• Limited to $20,000 maximum benefit
per individual per calendar year for in
and out of network combined
Chiropractic Services • Subject to appropriate in or out of
network co-insurance
• Limited to 30 visits per calendar year
combined in and out of network
Gastric Bypass • Patient to be involved in diet/exercise
program for at least six (6) months prior
to surgery
• Subject to appropriate in or out of
network co-insurance
• Subject to pre-surgical review
• $25,000 lifetime maximum for surgery
and all related care
• Subject to appropriate in or out of
Transplants network co-insurance
• No out-of-pocket maximum provision
for out-of-network services received
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Prescription Plan
Additional Coverage Limitations
Benefit Effective Effective Effective
01-01-2008 01-01-2009 01-01-2010
Tier 1 15% per rx to max co- 15% per rx to max co- 15% per rx to max
Generic Dru s a of $25 a of $25 co- a of $25
Tier 2 20% per rx to max co- 25% per rx to max co- 25% per rx to max
Dru son Formula a of $75 a of $100 co- a of $125
30% per rx
Tier 3 No maximum co-
Non-Formulary 25% per rx to max co- 30% per rx to max co- payment
Drugs Except pay of $150 pay of $200 Does not apply to
Specialty Drugs out-of-pocket
maximum
Tier 4 25% per rx to max co- 30% per rx to max co- 30% per rx to max
Specialty Drugs pay of $150 pay of $200 co-pay of $250
The above co-insurance applies to mail order prescriptions; however, it is
Mail Order fora 90-day supply vs. 30-day retail supply. Maximum co-pay is double
the retail max co-pay for each tier.
Annual $1,250 Single $1,500 Single $1,750 Single
Out-of-Pocket $2,500 Family $3,000 Family $3,500 Family
Maximum
Stipulations • 2008, 2009 & 2010 Mandatory generic, when available.
Generic equivalent must be tried first. If you choose not to try the
generic drug, you will pay what you would have paid at Tier 2 or
3 co-payment PLUS the difference in ingredient cost between
generic and brand name. If physician determines generic was not
effective, plan will cover brand name as though no generic is
available at appropriate tier. If you have already used other tier
medication, prescribing doctor can approve Tier 3 drug with the
maximum co-pay
• 2010 Out-of-Pocket Maximum will no longer apply to tier 3.
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Flexible Spending Account
Employees may choose annually, during the established open enrollment period, to
participate in a Flexible Spending Account to cover eligible expenses as determined by
the IRS for each program. After incurring medical and/or dependent care expenses,
employee submits receipt(s) and claim form to independent FSA administrator for
reimbursement.
Medical Expenses Dependent Care Expenses
Maximum employee contribution per year Maximum contribution of $5,000 per year
$2,500 per employee per family, subject to applicable IRS
regulations
Flexible Spending Account Limitations
• Employee must use the money in their FSA prior to apre-specified deadline
• Money not used by the deadline reverts back to the City
• In order not to lose the money in their account, employees are encouraged to anticipate
the realistic medical expenses they may incur or to purchase qualified over-the-counter
medications/supplies, glasses, or contact lenses at the end of the year
• The City will provide notice of any changes to the FSA limitations based upon the
applicable IRS regulations
E. Dental and Vision Insurance
Dental
• The annual maximum benefit for preventive services, basic services, and major services
is $1,750 per plan member. Major services is increased to 75% coverage.
• The lifetime maximum benefit for orthodontia services is $2,000 per plan member.
Vision
• The schedule of allowances for Eye Examination shall not exceed $85.00.
• The schedule of allowances for Frames shall not exceed $85.00.
• The schedule of allowances for Lenses shall not exceed $125.00 for all spectacle lens
types.
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• The schedule of allowances for Cosmetic Contact Lenses shall not exceed $125.44 in
lieu of spectacle lenses.
Section 33.2 Change in Carriers. If it becomes necessary to change carriers (medical,
dental, vision, and life insurance benefits only), and such change would effect the
benefits under the plans, the City agrees to meet with representatives of the Union prior
to implementing the change in order to negotiate the impact of any proposed change.
Section 33.3 Life Insurance. Effective upon execution of this Agreement, the City shall
provide group term life insurance coverage in an amount equal to one and one-half (1-1/2)
times each employee's annual base compensation rate, with a minimum coverage level of
$54,444 and a maximum overage level of $154,444. The full premium for this coverage
shall be paid by the City. For purposes of administrative efficiency, the annual base
compensation rate in effect on December 31~ of each year shall be used to calculate the
amount of life insurance the employee will have the following year (e.g. annual base
compensation level in effect on 12-31-2003 shall be used to calculate the life insurance
amount the employee will have during the 2004 calendar year). In addition, the coverage
reduction provisions within the existing life insurance policy in effect as of 12-31-2442,
which begins at age 65, shall remain in the life insurance policy under this Agreement.
Coverage amounts shall be doubled if the employee is killed in the line of duty.
ARTICLE 34
TRAINING AND TUITION REIA~IBURSEMENT
Section 34.1 Training. In recognition of the value of continuing education and
professional development of employees, the City agrees to provide training opportunities
for employees within the bargaining unit at the City's expense. This training may be
either initiated by the City pursuant to a training schedule or by the employee, with the
approval of the Division Head or his designee. The training shall be related to an
employee's performance of his job duties or in preparation for job duties which may be
assigned to the employee after completion of training.
Reasonable effort shall be made to accommodate the training to the employee's regular
work schedule. The Division shall endeavor to provide as much advanced notice as
practical to employees regarding their training schedules. In that this training is a work-
related duty, the employee shall receive all pay and benefits to which he is otherwise
entitled during training.
The expense for employees who are required or requested to attend training schools,
seminars, or other instructional or educational programs, including examination to
increase their knowledge and further their competency in their occupation with the
Employer, shall be paid by the Employer as follows:
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A. Registration fees, tuition charges for the training school, seminar, or
educational or other instructional programs.
B. The employer shall pay for meals when not provided by the tuition.
C. The employer shall pay the current rate for mileage, as determined by the IRS,
when an employee is not provided with aCity-owned vehicle. Where
overnight lodging is provided at the City's expense, an employee will only be
reimbursed for mileage to and from the training facility on one occasion each
way unless otherwise approved or directed by the Division Head. All other
travel shall be considered to be non-work-related and non-reimbursable. Bus,
train, or airfare at tourist rate will be provided for lengthy trips when travel is
approved by the City Manager.
D. Hotel or motel charges when lodging is not provided as a term of tuition
payment.
E. Hourly rates will be paid when schools or training are scheduled during
regular working hours.
F. All necessary tools and equipment required by the course of instruction.
Checks may be issued in advance for paragraphs A. and D. of this Section.
Section 34.2 Tuition Revnbursement.
A. Reimbursement Program. All employees of the bargaining unit may
participate in the City's Tuition Reimbursement Program. Under this
program, each employee shall be eligible for a maximum of three thousand
dollars ($3,000) in reimbursement per calendar year for fees and required
textbooks, and courses of instruction voluntarily undertaken. Courses of
instruction eligible for reimbursement under this program shall include
courses necessary for job-related degree programs or courses of study not
necessarily within ajob-related degree program but which are still job-related.
In addition, only coursework provided by a recognized institution (e.g.
college, university, community college, post secondary technical school, etc.)
shall be eligible for reimbursement under this program. No reimbursement
shall be approved for correspondence courses.
B. Necessary Approval. All coursework subject to reimbursement shall be
transmitted, in advance and through the Division/Department Head, to the
Director of Human Resources for approval. The Division/Department Head
shall provide a written recommendation concerning approval/disapproval of
the request at time of transmittal to the Director of Human Resources. If
practicable, an employee shall make application for approval of coursework at
least fifteen (15) days prior to commencement of the course of study. The
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Director of Human Resources shall evaluate the employee's
coursework/degree program for job-relatedness and shall notify the employee,
in writing, regarding his approval/disapproval of said course-work/degree
program on that basis. The City agrees that approval of coursework/degree
program will not be unreasonably withheld. An employee may receive
blanket approval for an entire degree program or a continuing course of study
if all courses within the program are identified. If all or part of the program is
approved, the employee need not reapply for approval for each course within
the portion(s) approved. If all or part of the program/coursework is
disapproved by the Director of Human Resources, the employee may appeal,
in writing, said disapproval directly to the City Manager within seventy-two
(72) hours of notification from the Director of Human Resources. The City
Manager will issue a written decision on the employee's appeal within five (5)
working days of receiving said appeal.
C. Course Attendance. Courses are to be taken on other than scheduled
working hours, unless approval is obtained from the Division Head, or his
designee, to take such courses on work time.
D. Reimbursement Procedure. Reimbursement shall be made upon successful
completion of a course with a grade of C (2.00) or better. The employee shall
submit an official transcript or certificate demonstrating successful completion
of the course and a receipt from the institution confirming the employee has
paid for tuition, fees, and required textbooks. Any financial assistance
available to an employee shall be deducted from the amount of tuition
reimbursement that would otherwise be payable. The erployee shall not be
reimbursed for incidental expenses such as paper or supplies, mileage,
parking, meals, or other expenses other than tuition, fees, and required
textbooks.
E. Payback for Early Seuaration. In the event that an employee separates
his/her service with the City within the first year after reimbursement, the
employee must pay back one hundred percent (100%) of the reimbursement.
If an employee separates service within the second year after reimbursement,
the employee must pay back fifty percent (50%) of the reimbursement. This
payback must be satisfied within one (1) year of the employee's separation
date. Failure to fully satisfy such obligation by the former employee may
generate an adverse recommendation in response to future reference checks by
prospective employers.
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ARTICLE 35
TRAINING ASSIGNMENTS
Section 35.1 Compensation. Any bargaining unit member who, when designated to
serve in a training capacity, where the training is substantial enough to require prior
planning, preparation, scheduling, and notice, shall be entitled to two (2) hours of
compensatory time for each eight (8) hours of training time spent with the trainee . In
order for the training designation to be valid, it must be issued at the Maintenance
Supervisor level or above.
ARTICLE 36
SHORT NOTICE OVERTIME & "ON-CALL"
Section 36.1 Short Notice Overtime Assignments. The employer and the Bargaining
Unit mutually recognize that certain services provided by the employer are "short notice"
in nature. Such "short notice overtime assignments" cannot be anticipated. Therefore, to
the benefit of both parties, it is necessary to set forth a process to ensure the necessary
personnel are readily available for these responses. For purposes of this article, short
notice overtime assignments shall be any unanticipated and/or unplanned event for which
the City has forty-eight (48) hours or less notice of the need for overtime as a result of the
event. Short notice events include, but are not limited to, snow and other weather-related
events. In order for the employer to be prepared to respond to potential unanticipated and
unplanned short notice events, the following procedure will be followed.
Section 36.2 "On-Call" - Postin6 and Simi-Up. The employer shall use the following
process when it is necessary to place employees in an "on-call" status:
A. The employer shall determine and post the dates, times and number of
personnel necessary to satisfy "on-call" needs.
B. The division shall post for a minimum of seven (7) calendar days, by work
unit, the opportunity for interested employees to volunteer for "on-call" status.
Work units shall consist of those members of the Bargaining Unit Agreement
who are groups as follows: 1. Fleet maintenance 2. Custodial Services 3.
Grounds Maintenance 4. Facilities Maintenance 5. Streets & Utilities 6. Sign
Shop.
C. Employees serving in an "on-call" status shall serve in such status for periods
of seven (7) days at a time.
D. The number of positions to be posted by the City for "on-call" status shall not
exceed a total of twenty-five (25) for all work units combined and no more
than fourteen (14) from any one work unit. This list will be used for all short
notice events outside of snow removal season. The Bargaining Unit shall
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make a good faith effort to fill the list. The following procedure outlined in
provisions one (1) through four (4) below will be used during snow removal
season, which runs from November 15th to April 15cn:
1. The snow removal shifts will be divided for each unit employee
classification into an AM shift and a PM shift. The AM shift will be
from 12am to 12pm. The PM shift will be from 12pm to 12am. This
shift set-up will only be used for Streets & Utilities and Mechanics.
2. There will be fourteen (14) people on the snow event "on-call" list
from Streets & Utilities. In addition, the "on-call" list will also include
the following breakdown of bargaining unit employees: Five (5) Parks
& Open Space, two (2) Mechanics, two (2) Custodial and two (2) Sign
Shop. Each work unit will maintain its own "on-call" list.
3. Each bargaining unit employee will be paid for "on-call'' status for all
hours "on call" outside of hours actually worked, not including lunch
and dinner breaks.
4. For snow event situations the "on-call" list that will be used will be
based on what shift is listed for the time of snow event necessitating
the call-in. Of the fourteen (14) bargaining unit members from the
Streets and Utilities "on-call" list seven (7) bargaining unit members
must be from the AM shift and seven (7) bargaining unit members
must be from the PM shift. For non-snow short notice events during
snow removal season, the order of call-in from the "on-call" list will
be by seniority without regard to AM or PM shift.
E. The Division shall only assign pagers/mobile phones to those employees
serving in on-call status.
F. If the above procedure has been followed for short notice events and there is
still a need for additional personnel, the City shall use its discretion to fill the
additional remaining call-in needs.
Section 36.3 "On-Call" -Communications. The employer shall provide and maintain,
at its expense, the necessary communication device (pager, mobile phone, etc.) to those
Bargaining Unit members in an "on-call" status. In order to be in an "on-call" status
and/or while in an "on-call" status, the employee must be in the "coverage area" of the
communication device provided by the City.
Section 36.4 "On-Call" -Notification. Those Bargaining Unit Members in an "on-
call" status will be notified of the need to fulfill a short notice overtime assignment via
the communication device provided per Section 36.3, above. The Employer will make
the necessary notification by "calling" (not two-way) the Bargaining Unit members in the
"on-call" status by Division and work unit by seniority. The Employer will call members
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from most senior to least senior. If a member does not immediately answer when called,
the employer shall go to the next most senior member on the list and continue this
process until the necessary numbers of members respond. If not enough members
respond after calling all members in the "on-call" status for that work unit, the employer
may either start at the top of the list again, then initiate calls to members of the same
work unit, not in an "on-call" status. Should the employer determine the "on-call" list
does not possess the appropriate skilled personnel to deal with a particular situation on
hand, the employer reserves the right to call in the appropriately trained personnel. Those
in the "on-call" status will still receive "on-call" pay.
Section 36.5 "On-Call" -Response. Those Bargaining Unit members in an "on-call"
status shall verbally respond to a notification immediately upon receipt. Once the
Bargaining Unit member verbally responds, he/she must report to the Service Center
within thirty-five (35) minutes, under normal driving conditions. Failure to respond,
verbally and/or physically, to a notification while in "on-call" status will result in a
forfeiture of his/her "on-call" pay for that day. Failure to respond to a notification twice
in one (1) seven (7) day period, while in "on-call" status, may result in the Bargaining
Unit member being barred from "on-call" status for no longer than two (2) consecutive
weeks.
Section 36.6 "On-Call" -Inability to Perform. If a Bargaining Unit Member carulot
meet the obligation of the "on-call'' status for which he/she has been selected, he/she
must provide forty-eight (48) hours notice to the "on-call" supervisor in advance. The
Member will then not be paid "on-call" pay for those hours not in an "on-call" status.
Repeated requests from a Member to be removed from "on-call" status may result in the
Bargaining Unit member being barred from "on-call" status for no longer than two (2)
consecutive weeks.
Section 36.7 "On-Call" -Fit for Duty. Bargaining Unit Members placed in an "on-
call" status must refrain from alcohol/drug consumption and activities, which may
preclude him/her from being fit to perform assigned work when responding to a
notification.
The following addresses the issue of fitness for duty in relation to sick leave:
A. That should a member call in sick for his/her regularly scheduled shift on a
day on which he/she is serving in an on-call capacity, that member must call
his/her on-call Crew Leader by 3:00 p.m. (for all first shift employees) and by
9:30 p.m. (for all second shift employees) that same day to advise the on-call
Crew Leader regarding whether he/she is still too sick to fulfill his/her
obligation for that evening, if called upon, or has recovered to the point he/she
can successfully fulfill his/her obligation if called upon. Should the member
advise the on-call Crew Leader that he/she is fit to fulfill his/her obligation
for that evening, if called upon, he/she shall remain in on-call status. Should
the member advise the on-call Crew Leader that he/she is unfit to fulfill
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his/her obligation if called upon, then he/she shall forfeit his/her on-call pay
until he/she has again returned to his/her regularly scheduled shift without
illness.
B. That should a member advise an on-call Crew Leader (when calling in later
that day) that he/she is fit to fulfill his/her obligation that evening if called
upon, and later that evening, when called in, reports for work in an obviously
unfit capacity due to illness (i.e. vomiting, weakness), such that a reasonable
on-call Crew Leader would have a legitimate concern for the member's own
safety, the safety of fellow members, or the safety of the general public, the
on-call Crew Leader may send the member home and the member shall forfeit
his/her on-call pay until which time he/she again reports for his/her regularly
scheduled day shift without illness.
C. That should a member be on approved FMLA (Family and Medical Leave
Act) Leave (for his/her own serious health condition) for the time frame that
overlaps with the time a member is in on-call status, the member shall forfeit
his/her on-call pay for the duration of the time the member is on such FMLA
Leave.
D. It is acknowledged that extenuating circumstances, which justify the use of
sick leave, may exist where the employee is still fit for duty and is still able to
respond to on-call situations. Examples of such are as follows:
1. when a member has a scheduled Doctor of Dentist appointment during
that day; and
2. when a member is taking care of a sick family member.
Section 36.8 "On-Call" - Pay. Bargaining Unit members in "on-call" status shall be
compensated at the rate of $1.45 per hour for those hours in "on-call" status outside the
employee's normally scheduled work hours and when not in an overtime status. Further,
hours in an "on-call" status do not constitute hours in paid status for purpose of
computing overtime. The calculation of hours worked for an employee in "on-call" status
will commence upon the employee speaking with the "on-call" supervisor and
confirming that he/she is responding to work until he/she "clocks out."
ARTICLE 37
EMPLO~'EE INCENTIVE PROGRAMS/DISCOUNTS
Section 37.1 Emnloyee Incentive Programs. Members of the bargaining unit shall be
eligible for employee incentive programs (e.g. Personal Computer Purchase Program,
Wellness Program incentives/awards, etc.) offered to other non-bargaining unit
employees of the City. Eligibility to participate in these incentive programs and receipt
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of any awards through these programs shall be governed by the written program rules,
regulations, and requirements as approved by the City Manager.
Section 37.2 Emuloyee Discounts. Should Dublin City Council approve employee
discounts in the future, the City agrees to apply such approved employee discounts to
bargaining unit employees and non-bargaining unit employees alike. Likewise, any
Council approved modifications to present or future discounts will also be applied to
bargaining unit employees and non-bargaining unit employees alike.
ARTICLE 38
TRAVELIMILEAGE REIMBURSEA~IENT
Section 38.1 Reimbursement. Whenever an employee is authorized to engage in or to
undertake official business for the City, that employee shall be reimbursed for reasonable
and necessary expenses and travel. If practicable, the employee shall be allowed the use
of a City vehicle for travel. If not practicable, reimbursement for authorized use of a
personal automobile shall be at the standard rate per mile set by the Internal Revenue
Service. The City Manager is hereby authorized to establish and implement reasonable
regulations regarding reimbursement for expenses and travel.
ARTICLE 39
PROVISION OF MEALS UNDER
UNUSUAL, EMERGENCY OR SPECIAL CONDITIONS
Section 39.1 Provision of Meals. When employees are required by the City to work
under unusual, emergency, or special conditions (e.g. snow removal, traffic control for
festivals and special events, disasters, required City functions, etc.) where meal breaks
would not be practical or possible, the City shall provide meals to such employees. The
City shall determine the methodology, means, procedures, and maximum cost associated
with providing such meals and the City Manager shall establish reasonable regulations
governing the provision of such meals. Should an employee be directed by supervision to
purchase a meal at a restaurant establishment, the cost of that meal shall not exceed
$8.54.
ARTICLE 40
REQUIRED LICENSES, REGISTRATIONS, OR CERTIFICATIONS
Section 4~.1 Required Licenses, Registrations, or Certifications. Any costs/fees
associated with obtaining any Employer required licenses, registrations, or certifications,
after appointment, as listed in the City's job classification descriptions for Auto Service
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Worker, Sign Worker, Maintenance Worker, and Auto Mechanic I (e.g. Commercial
Driver's License, Public Operator's Pesticide Application License, National Institute of
Automotive Service Excellence certifications) shall be paid by the Employer. In
addition, reasonable effort shall be made by the Employer to accommodate the need for
employees to take any required examinations during the employees' regular work hours.
ARTICLE 41
CLOTHING, EQUIPMENT, AND PERSONAL PROPERTY
Section 41.1 Shoe and Glove Allowance. All bargaining unit employees shall be
provided an allowance for the cost of steel-toed safety shoes and required gloves in an
amount of $240.00 per calendar year. Each bargaining unit employee shall receive his or
her allowance via separate check on the second regularly scheduled pay distribution of
each calendar year.
Section 41.2 Prescription Safety Glasses. Once during the term of this Contract, the
City will provide prescription safety glasses, as needed and with proper supporting
documentation, to employees who are required to wear safety glasses in the performance
oftheir job duties. The cost to the City shall not exceed $100.00.
Section 41.3 Damaged Personal Prouerty. Prescription eye glasses, contact lenses, or
watches, which are damaged during the performance of the employee's assigned job
duties, shall be replaced by the City, except where the damage is due to the employee's
fault, via a reimbursement procedure, up to a maximum of seventy-five dollars ($75.00)
in any calendar year. Requests for the replacement of the above named damaged
personal property must be submitted in writing to the Division Director, identifying the
circumstances under which the damage occurred as well as the type, brand name, model,
value, and condition of the property prior to the damage occurring, together with the
damaged property. If such request is subsequently approved, the employee shall be
reimbursed for the purchase of replacement personal property, as named above, which, in
all respects, is substantially similar to that which was damaged, up to the maximum value
identified above, provided that the employee submits a valid receipt identifying the type,
brand name, model, dollar amount, etc. of the property purchased as a replacement.
ARTICLE 42
TOOL REPLACEMENTS/UPGRADES
Section 42.1 Amount. The City shall pay for upgrades or replacements to each Auto
Mechanics hand-tool set in an amount not to exceed $650.00 per calendar year. The City
shall pay up to such amount directly to the vendor upon receipt of a proper invoice/bill
from the vendor.
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ARTICLE 43
DURATION
Section 43.1 Duration. All of the provisions of this Agreement shall become effective upon
execution by a representative of both parties, unless otherwise specified. This Agreement
shall continue in full force and effect for a term of three (3) years from September 1, 247.
Section 43.2 Signatures. Signed and dated at Dublin, Ohio on or as of this the
day of ,
UNITED STEELWORKERS:
Leo Gerard, President USW
Fred Redmond, Vice President USW
Thomas M. Conway, Vice President USW
James English, Secretary Treasurer USW
Dave McCall, Director of District 1 USW
Billy Boyce, Sub-District Director USW
Timothy Underhill, Unit Chair USW
CITY OF DUBLIN:
Jane S. Brautigam, City Manager
Mike Epperson, Deputy City Manager
Paul L. Bittner, Labor Counsel
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Memorandum of Understanding
It is the agreement and understanding of the Parties that if House Bill 694 is ultimately
held by a final and non-appealed court decision that such certifications are required for
collective bargaining agreements, a new article entitled "Certification of Compliance
with House Bill 694" will be added to the Parties' collective bargaining agreement as
Article 44. Such Article will read as required by House Bill 694, provided any changes
required by any court decision or amendment by the Ohio General Assembly are also
incorporated therein.
US W Date
City of Dublin Date
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