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Home My WebLink AboutResolution 34-24RECORD OF RESOLUTIONS BARRETT BROTHERS - DAYTON, OHIO Form 6301 Resolution No.34-24 Passed ’ AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT WITH TEAMSTER LOCAL UNION 413 REGARDING WAGES, HOURS, AND TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES WITHIN THE TEAM LEADS BARGAINING UNIT WHEREAS, the City of Dublin and the Teamsters Local Union No. 413 have reached tentative agreement regarding wages, hours, and terms and conditions of employment for employees within the Team Leads Bargaining Unit; and WHEREAS, Council has determined that the attached agreement should be ratified by Council. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, __l¢_ of the elected members concurring that: Section 1. The City Manager be, and hereby is, authorized to enter into the attached Collective Bargaining Agreement with the Teamsters Local Union No. 413 regarding wages, hours, and terms and conditions of employment for employees within the Team Leads Bargaining Unit. Section 2. Said agreement shall supersede and replace all applicable state and local laws, which it has the authority to supersede and replace. Section 3. This resolution shall be effective immediately upon passage as provided under Section 4.04 (a) of the Revised Dublin Charter. Passed this - day of Gp , 2024. Lh Ge Mayor - Presiding Officer ATTEST: or of Cgfuncil To: Members of Dublin City Council From: Megan O’Callaghan, City Manager Date: June 25, 2024 Initiated By: Jennifer Miglietti, Director of Human Resources Re: Resolution 34-24 - Ratifying the Collective Bargaining Agreement with the Teamsters Local Union No. 413 Summary Attached for Council’s consideration is Resolution 34-24, authorizing the City Manager to enter into a Collective Bargaining Agreement (CBA) with the Teamsters Local Union No. 413 regarding wages, hours, and terms and conditions of employment for employees within the Team Lead bargaining unit. This bargaining unit is comprised of 11 employees. The bargaining unit conducted a ratification vote on the proposed CBA on June 21, 2024 and consequently ratified the proposed CBA. The term of this Agreement will be three (3) years, from July 2, 2024 through July 1, 2027. This is a new collective bargaining relationship and agreement, but the majority of the contract terms mirror what the Team Leads experienced under the City’s Non-Union Compensation Plan. Key Economic Terms • Article 22.1 Wage Structure: Wage increases for the Team Lead classification covered by this agreement will be a market adjustment for 2024; 3.0% for 2025; and 3.0% for 2026. • Article 24 Sick Leave: Team Leads will receive 80 hours of sick leave to their current banks in lieu of short term disability and will accrue 4.615 hours per pay period moving forward. • Article 29 Insurance: Health Insurance Benefits remain status quo with benefits outlined in the non-union compensation plan and will remain the same benefit coverage as non-union employees. Recommendation Staff recommends that Council approve Resolution 34-24 authorizing the City Manager to enter into a new Collective Bargaining Agreement with the Teamsters Local Union No. 413. Office of the City Manager 5555 Perimeter Dr. • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo COLLECTIVE BARGAINING AGREEMENT THE CITY OF DUBLIN AND THE TEAMSTERS LOCAL UNION NO. TERM OF AGREEMENT: JULY 2, 2024 – JULY 1, 2027 Contents ARTICLE 1 AGREEMENT ............................................................................................. 1 SECTION 1 - AGREEMENT ....................................................................................... 1 SECTION 2 - PURPOSE ........................................................................................... 1 SECTION 3 - SEVERABILITY ................................................................................... 1 SECTION 4 - APPLICABILITY .................................................................................. 1 ARTICLE 2 UNION RECOGNITION ............................................................................. 1 SECTION 1 – RECOGNITION ................................................................................... 1 SECTION 2 – EXCLUSIONS ..................................................................................... 1 SECTION 3 - QUALIFICATIONS AND CERTIFICATIONS .............................................. 1 ARTICLE 3 NON-DISCRIMINATION ............................................................................. 2 ARTICLE 4 UNION SECURITY .................................................................................... 2 SECTION 1 - DUES DEDUCTION .............................................................................. 2 SECTION 2- PROCESSING ....................................................................................... 2 SECTION 3 - UNION INDEMNIFICATION .................................................................. 3 SECTION 4 - BULLETIN BOARD ............................................................................... 3 SECTION 5 - UNION STEWARD ............................................................................... 3 SECTION 6- BALLOT BOXES .................................................................................... 3 SECTION 7 - UNION BUSINESS ............................................................................... 3 SECTION 8 - TIME FOR HANDLING GRIEVANCES ..................................................... 4 SECTION 9- D.R.I.V.E. ........................................................................................... 4 SECTION 10- UNION MEMBERSHIP IN GOOD STANDING ....................................... 4 SECTION 11- OPTED-OUT UNION MEMBERSHIP .................................................... 4 ARTICLE 5 Management Rights ................................................................................... 4 SECTION 5.1- MANAGEMENT RIGHTS ...................................................................... 4 ARTICLE 6 NO STRIKES OR LOCKOUTS ..................................................................... 6 SECTION 1 - NO STRIKE ACTIVITY .......................................................................... 6 SECTION 2 - NO LOCKOUT ..................................................................................... 6 SECTION 3 - CESSATION OF STRIKE ACTIVITY ........................................................ 6 SECTION 4 - PICKETS ............................................................................................ 6 ARTICLE 7 Safety and Health .................................................................................... 7 SECTION 1 - SAFE CONDITIONS .............................................................................. 7 ARTICLE 8 Labor Relations Meeting .......................................................................... 7 SECTION 1 – LABOR RELATIONS MEETING .............................................................. 7 ARTICLE 9 LAYOFF AND RECALL ................................................................................. 8 SECTION 1 - NOTIFICATION TO UNION ................................................................... 8 SECTION 2 - LAYOFF NOTICE .................................................................................. 8 SECTION 3 - LAYOFF ORDER ................................................................................... 8 SECTION 4 - RECALL LIST ....................................................................................... 8 SECTION 5 - NOTICE OF RECALL ............................................................................. 8 SECTION 6 - LAYOFF & RECALL CONTINUED ............................................................ 8 ARTICLE 10 SENIORITY ............................................................................................. 8 SECTION 1 - SENIORITY ......................................................................................... 8 SECTION 2 – DATE OF HIRE SENIORITY .................................................................. 9 SECTION 3 – CLASSIFICATION SENIORITY .............................................................. 9 SECTION 4 – LOSS OF SENIORITY ........................................................................... 9 ARTICLE 11 GRIEVANCE PROCEDURE ....................................................................... 10 SECTION 1 – GRIEVANCE DEFINED ....................................................................... 10 SECTION 2 – JURISDICTION ................................................................................. 10 SECTION 3 – REPRESENTATION ............................................................................ 10 SECTION 4 – GREIVANCE FORMS .......................................................................... 10 SECTION 5 – GRIEVANCE STEPS ........................................................................... 10 ARTICLE 12 DISCIPLINE ........................................................................................... 13 SECTION 1 – DISCIPLINE FOR CAUSE .................................................................... 13 SECTION 2 – PROGRESSIVE DISCIPLINE ................................................................ 13 SECTION 3 – PRE-DISCIPLINARY CONFERENCE ...................................................... 13 SECTION 4 – APPEAL ............................................................................................ 13 SECTION 5 – RETENTION OF RECORDS ................................................................. 14 ARTICLE 13 HOURS OF WORK .................................................................................. 14 SECTION 1 – WORKWEEK ..................................................................................... 14 SECTION 2 – LATERAL TRANSFER ......................................................................... 14 ARTICLE 14 MILITARY LEAVE ................................................................................... 15 SECTION 1 – REINSTATEMENT FROM MILITARY SERVICE ....................................... 15 ARTICLE 15 “ON DUTY” STATUS ............................................................................... 15 SECTION 1 – “ON DUTY” STATUS DEFINED ............................................................ 15 SECTION 2 – OFFER OF “ON DUTY” STATUS .......................................................... 15 SECTION 3 – WORK UNITS DEFINED ..................................................................... 15 SECTION 4 – DURATION OF “ON DUTY” STATUS .................................................... 15 SECTION 5 – “ON DUTY” COMMUNICATIONS ......................................................... 16 SECTION 6 – “ON DUTY” NOTIFICATION ............................................................... 16 SECTION 7 – “ON DUTY” RESPONSE ...................................................................... 16 SECTION 8 – “ON DUTY” INABILITY TO PERFORM .................................................. 16 SECTION 9 – “ON DUTY” FIT FOR DUTY ................................................................ 16 SECTION 10 – “ON DUTY” PAY .............................................................................. 17 ARTICLE 16 OVERTIME ............................................................................................ 17 SECTION 1 – OVERTIME ....................................................................................... 17 SECTION 2 – FIRST AND SECOND REGULAR DAY OFF ............................................. 17 ARTICLE 17 POLITICAL ACTIVITY ............................................................................. 18 ARTICLE 18 SNOW AND ICE ..................................................................................... 18 SECTION 1 – SNOW AND ICE OPERATIONS, NOVEMBER TO APRIL .......................... 18 SECTION 2 – “ON DUTY” STATUS DURING SNOW AND ICE SEASON ........................ 19 ARTICLE 19 SPECIAL LEAVES ................................................................................... 19 SECTION 1 – LEAVE WITHOUT PAY ....................................................................... 19 SECTION 2 – LEAVE WITH PAY ............................................................................. 20 ARTICLE 20 USE OF PRESCRIPTION & “OVER-THE-COUNTER” MEDICATION ................ 21 SECTION 1 – PURPOSE ......................................................................................... 21 SECTION 2 – GENERAL TERMS & CONDITIONS ...................................................... 21 SECTION 3 – FAILURE TO NOTIFY SUPERVISOR ..................................................... 21 ARTICLE 21 EMPLOYEE ASSISTANCE PROGRAM ......................................................... 22 SECTION 1 – EMPLOYEE ASSISTANCE.................................................................... 22 SECTION 2 – OTHER TERMS & CONDITIONS .......................................................... 22 ARTICLE 22 WAGES ................................................................................................. 23 SECTION 1 – WAGE STRUCTURE ........................................................................... 23 SECTION 2 – STEP ADVANCEMENT ........................................................................ 23 SECTION 3 – APPLICATION OF PAY RATES ............................................................ 23 SECTION 4 – LONGEVITY PAY ............................................................................... 23 ARTICLE 23 COMPENSATORY TIME ........................................................................... 24 SECTION 1 – COMPENSATORY TIME ...................................................................... 24 SECTION 2 – PAYMENT FOR ACCRUED COMPENSATORY TIME UPON SEPARATION ... 25 SECTION 3 – USE OF COMPENSATORY TIME .......................................................... 25 ARTICLE 24 SICK LEAVE ........................................................................................... 26 SECTION 1 – SICK LEAVE ACCRUAL ....................................................................... 26 SECTION 2 – USE OF SICK LEAVE .......................................................................... 26 SECTION 3 – CONVERSION OF SICK LEAVE ............................................................ 27 SECTION 4 – SICK LEAVE TRANSFER FROM PRIOR PUBLIC EMPLOYER .................... 28 ARTICLE 25 HOLIDAYS ............................................................................................ 28 SECTION 1 – PAID HOLIDAYS ............................................................................... 28 SECTION 2 – DATES/DAYS OBSERVED ................................................................... 29 SECTION 3 – HOLIDAY PAY ................................................................................... 29 ARTICLE 26 PERSONAL LEAVE .................................................................................. 29 SECTION 1 – ALLOCATION & USAGE OF LEAVE ...................................................... 29 SECTION 2 – PAYMENT FOR UNUSED PERSONAL LEAVE, LAYOFF OR DEATH............ 30 ARTICLE 27 VACATION LEAVE .................................................................................. 30 SECTION 1 – VACATION YEAR .............................................................................. 30 SECTION 2 – CONDITIONS FOR ACCRUAL .............................................................. 30 SECTION 3 – PRIOR PUBLIC SERVICE CREDIT ........................................................ 30 SECTION 4 – VACATION ACCRUAL SCHEDULE ........................................................ 31 SECTION 5 – VACATION CARRY-OVER ................................................................... 31 SECTION 6 – VACATION SCHEDULING/USE ............................................................ 31 SECTION 7 – RATES OF PAY FOR VACATION HOURS .............................................. 32 SECTION 8 – PAYMENT OFR ACCRUED VACATION LEAVE UPON RESIGNATION/ SEPARATION AND DEATH ..................................................................................... 32 SECTION 9 – ANNUAL CONVERSION OF ACCRUED VACATION LEAVE ....................... 32 ARTICLE 28 LEAVE DONATION ................................................................................. 32 SECTION 1 – PURPOSE ......................................................................................... 32 ARTICLE 29 INSURANCE .......................................................................................... 33 SECTION 1 – MEDICAL, DENTAL & VISION BENEFITS ............................................. 33 ARTICLE 30 TRAINING AND TUITION REIMBURSEMENT ............................................. 33 SECTION 1 – TRAINING REIMBURSEMENT ............................................................. 33 SECTION 2 – TUITION REIMBURSEMENT ............................................................... 34 ARTICLE 31 EMPLOYEE INCENTIVE PROGRAMS/ DISCOUNTS ..................................... 35 SECTION 1 – EMPLOYEE INCENTIVE PROGRAMS .................................................... 35 SECTION 2 – EMPLOYEE DISCOUNTS .................................................................... 35 ARTICLE 32 TRAVEL/ MILEAGE REIMBURSEMENT ...................................................... 35 ARTICLE 33 SAFETY AND APPAREL AND PERSONAL PROTECTIVE EQUIPMENT............. 35 SECTION 1 –SHOE, GLOVE AND OUTERWEAR ALLOWANCE ..................................... 35 SECTION 2 –PRESCRIPTION SAFETY GLASSES ....................................................... 36 SECTION 3 –DAMAGED PERSONAL PROPERTY ........................................................ 36 ARTICLE 34 MISCELLANEOUS ................................................................................... 36 SECTION 1 – AGREEMENT COPIES ........................................................................ 36 ARTICLE 35 PROBATIONARY PERIOD ........................................................................ 36 SECTION 1 – NEW HIRES ...................................................................................... 36 ARTICLE 36 EMPLOYEE DRUG & ALCOHOL TESTING PROGRAM .................................. 37 SECTION 1 – PURPOSE OF TESTING ...................................................................... 37 SECTION 2 – TERMS AND CONDITIONS OF TESTING .............................................. 37 SECTION 3 – DRUG AND ALCOHOL TESTING PROCEDURES ..................................... 37 ARTICLE 37 DRUG AND ALCOHOL USE IN THE WORKPLACE ....................................... 39 SECTION 1 – PURPOSE ......................................................................................... 39 SECTION 2 – POLICY ............................................................................................ 40 SECTION 3 – DRUG AND ALCOHOL AWARENESS & EMPLOYEE ASSISTANCE ............. 40 SECTION 4 – CRIMINAL CONVICTIONS & NOTIFICATION REQUIREMENT ................. 41 ARTICLE 38 DURATION ............................................................................................ 41 SECTION 1 DURATION.......................................................................................... 41 SECTION 2 SIGNATURES ...................................................................................... 41 ARTICLE 1 AGREEMENT SECTION 1 - AGREEMENT This is an Agreement entered into by and between the City of Dublin, Franklin County, Ohio (the "City/Employer") and Teamsters Local Union No. 413, an affiliate of the International Brotherhood of Teamsters, (the "Union"). SECTION 2 - PURPOSE The purpose of the Agreement is to set forth all covenants between the parties regarding the wages, hours, and terms and conditions of employment for those employees included in the bargaining unit identified herein. SECTION 3 - SEVERABILITY Should any part of this Agreement be held invalid by operation of law by a tribunal of competent jurisdiction or by revision of the Ohio Public Employee Collective Bargaining Act by the State Legislature, it will be of no further force and effect, but such invalidation of such point or provision will not invalidate the remaining portions hereof and they will remain in full force and effect. In the event of invalidation, and upon written request by either party, the parties to this Agreement will 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 4 - APPLICABILITY This Agreement, when executed, will 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 will prevail. ARTICLE 2 UNION RECOGNITION SECTION 1 – RECOGNITION The City recognizes the Union as the sole and exclusive representative for the purpose of collective bargaining with regards to establishing wages, hours, and conditions of employment for those employees included in the bargaining unit. Whenever used in this Agreement, the term "bargaining unit" shall be deemed to include all full-time Maintenance Team Leads employed by the City of Dublin in Franklin County, Ohio. (Hereinafter sometimes referred to singularly as "employee" and collectively as "employees"). SECTION 2 – EXCLUSIONS All positions and classifications not specifically established herein as being included in the bargaining unit shall be excluded from the bargaining unit. SECTION 3 - QUALIFICATIONS AND CERTIFICATIONS Each employee shall, as a condition of continued employment, be obligated to obtain and maintain the minimum qualifications as may, from time to time, be required for the employee's position, including, but not limited to, a current and valid Ohio driver's license, commercial driver's license (CDL) (or, at the direction of the City, its equivalent), and other certifications and/or licenses as may be required by the City. Further, each employee shall, at the direction of the City, maintain such minimum levels of training as may, from time to time, be established by the City. 2 ARTICLE 3 NON-DISCRIMINATION In accordance with applicable law, neither the City nor the Union shall unlawfully discriminate harass, or retaliate against any employee on the basis of race, color, religion, creed, sex, sexual orientation, gender identity, national origin, age, political affiliation, pregnancy, ancestry, marital status, military, veteran status, genetic information, or disability in the administration of this Agreement. The City and the Union agree to work jointly to maintain a culture within the bargaining unit free from discrimination and to promote equal employment opportunity in the application of this Agreement. The City and the Union further agree that the provisions of Administrative Order 2.66 will govern all reporting, investigatory and disciplinary procedures pertaining to allegations of discrimination and or harassment. Any such investigation or disciplinary procedure may run concurrently with the grievance procedure as outlined in Article 11. ARTICLE 4 UNION SECURITY SECTION 1 - DUES DEDUCTION The City agrees to deduct regular Union membership dues, as certified by the Union to the City, once each month from the payroll check of an employee. The City also agrees to deduct Union initiation fees and assessments, as certified by the Union to the City, on the last pay period of a month in which such fees and assessments are due from the pay of an employee. If an employee has insufficient pay in the last pay period of a month in which said deductions are due, the deductions shall be made from the next or subsequent pay. If a deduction is desired, the employee shall sign a payroll deduction form, which shall be furnished by the Union and presented to the City Fiscal Officer. The local will bill any member found to be in arrears in dues or initiation fees for two (2) months of dues each billing period until all dues are current. The employer will be obligated to deduct the total amount on each billing cycle. Nothing herein shall prohibit employees covered by this Agreement from submitting dues, fees, or assessments directly to the Union. SECTION 2- PROCESSING The City shall be relieved from making individual "check-off of dues deductions upon an employee's: 1. termination of employment; 2. transfer to a job other than one covered by a bargaining unit; 3. an unpaid leave of absence; 4. revocation of the check-off authorization in accordance with the terms of this Agreement; or 5. resignation by the employee from the Union. Any changes in the rate at which dues are to be deducted shall be certified to the City Fiscal 3 Officer by the Union at least thirty (30) days prior to the implementation date. One (1) month advance notice must be given to the City Fiscal Officer prior to making any changes in an individual's dues deductions. The parties agree that neither the employees nor the Union shall have a claim against the City for errors in processing of deductions, unless a claim of error is made to the City in writing within ninety (90) days after the date such an error is claimed to have occurred. If it is found an error was made, it will ordinarily be corrected at the next pay period that the Union dues deduction would normally be made by deducting the proper amount. The City will provide the Union with a quarterly updated seniority list that includes: names, addresses, phone numbers and email addresses. SECTION 3 - UNION INDEMNIFICATION The Union hereby agrees that it will indemnify and hold the City, its officials, officers, agents, and employees, harmless from and against any and all claims, actions or proceedings including the defense thereof, by any person arising from any deduction made by the City under Section 1, 2, or 3 of this Article. Once the funds are remitted to the Union, their disposition thereafter shall be the sole and exclusive obligation and responsibility of the Union. SECTION 4 - BULLETIN BOARD The City shall make an area for a Union-provided bulletin board for the posting of Union notices of meetings, elections, or other Union business. Notices posted thereon shall contain nothing of a discriminatory, harassing, derogatory, detrimental, or defamatory nature. These boards will be maintained by the bargaining unit memberships and be kept in neat order at all times. SECTION 5 - UNION STEWARD The Union may designate one (1) shop stewards and one (1) alternate stewards as extensions of Local 413 to represent the membership on day-to- day Union business within the work area. A written list of the steward and alternate steward shall be furnished to the City, and the Union shall notify the City, in writing, of any subsequent changes. SECTION 6- BALLOT BOXES Provided an election for a Union Steward position and/or other union elections is needed, then the City will allow the Local Union an area to conduct said election by placing a ballot box in a mutually agreed location. SECTION 7 - UNION BUSINESS The employer shall grant access to non-employee representatives of the Union to attend meetings or perform duties, to the extent the meetings or duties are specifically allowed by this Agreement or required by law. The Union from time to time will provide rank and file members the opportunity to attend official meetings, seminars, conventions, etc. that are sanctioned by the Local Union and/or The 4 International Brotherhood of Teamsters. Upon proper notification of at least fifteen (15) days from the Local Union to the City and authorization by the City (which shall not be unreasonably withheld), a maximum of two (2) rank and file members will be excused, without pay but with health benefits maintained to attend said functions. The time off for these functions will not exceed five (5) working days per calendar year. SECTION 8 - TIME FOR HANDLING GRIEVANCES The Steward, or Alternate Steward if the Steward is unavailable, upon giving reasonable advanced notice, and upon receiving authorization from the applicable Division Director, will be allowed reasonable paid time off during regular working hours, 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 Director may authorize additional unpaid time if the Union presents proper justification supporting the need for such time. Permission to perform these functions will not be unreasonably denied. SECTION 9- D.R.I.V.E. The employer agrees to deduct each week from the wages of each employee covered by this Agreement who executes an appropriate voluntary check-off authorization form to the Democrat, Republican, Independent, Voter Education (D.RI.V.E.) the amount specified in the check-off authorization form signed and dated by the employee. The deduction shall continue for the length of this Agreement and any renewals and/or extension thereof for each employee who signed the check-off authorization card unless the employee revokes the authorization in writing. The employee agrees that the amount deducted shall be remitted monthly to the appropriate D.R.I.V.E. chapter. All deductions and transmittals shall be subject to and in strict accordance with all applicable laws. SECTION 10- UNION MEMBERSHIP IN GOOD STANDING Any reference to a full-fledged Union initiation fee (or waived) and dues paying active member(s) of the Local Union SECTION 11- OPTED-OUT UNION MEMBERSHIP Any City employee who chooses to opt-out of union membership will for the purpose of this agreement be considered an 'Opted-out Union Employee'. ARTICLE 5 Management Rights SECTION 5.1- MANAGEMENT RIGHTS 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: 5 A. 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. B. 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. C. 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. D. Determine, change, maintain, reduce, alter, or abolish the technology, equipment, tools, processes, or materials the City's employees will use. E. Determine job descriptions, procedures, and standards for recruiting, selecting, hiring, training, and promoting employees. F. 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. G. 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. H. Hire, evaluate, promote, retain, transfer (permanently or temporarily), assign (permanently or temporarily) employees. I. Discharge, remove, demote, reduce, suspend, reprimand, or otherwise discipline employees for cause. J. Lay-off employees, because of lack of work or funds or under circumstances where continued work would not be cost efficient, reasonable or effective. K. 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. L. Maintain and improve the efficiency and effectiveness of the City's operations. M. Determine the overall methods, processes, means, or personnel by which the City's operations are to be conducted. N. Determine the adequacy of the work force. O. Determine the overall mission of the City. 6 P. Effectively manage the work force. Q. 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 6 NO STRIKES OR LOCKOUTS SECTION 1 - NO STRIKE ACTIVITY 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, will for any reason, cause, permit, or engage in picketing, a sit down, a strike, a boycott, a stand in, a slowdown, 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 2 - NO LOCKOUT In consideration of the Union's commitment as set forth in Section 1 above, the City, shall not lockout employees. SECTION 3 - CESSATION OF STRIKE ACTIVITY In the event that any employee or group of employees engages in any of the conduct described above in Section 1 during the term of this Agreement, the Employer has the exclusive right to discipline except as otherwise set forth in this article, or prohibited by law, up to and including discharge, any employee who engages or participates in such activities. The Union and its officers, agents, and members will not authorize, condone, ratify, permit, sanction or acquiesce in any of the activities described above in Section 1 of this Article and, should any such activities occur, the Union, by its officers, agents, and members, will 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 1 of this Article, the Union will indemnify the City of Dublin for its economic loss. SECTION 4 - PICKETS It shall be a violation of this Agreement and a proper subject of disciplinary action for any employee to refuse to cross or work behind any picket line at the City’s place of business or at any City job site. However, this section shall not be construed to require any employee to cross or work behind any primary picket line at any place other than the City’s place of business or at any City job site. Neither the City, or the Union nor any employee shall induce or encourage or in any manner interfere 7 with an employee’s right to cross or work behind any picket line, except as described herein. ARTICLE 7 Safety and Health SECTION 1 - SAFE CONDITIONS The City will make provisions for the safety and health of the employees. The City will provide a safe and clean work environment in accordance with all applicable local, state and federal regulations pertaining to worker safety and health provisions. Any failure to do so will be subject to the grievance procedure. The City shall continue its programs to provide safe and healthy working environments for all of its employees. The employees shall cooperate with the City in these programs by observing all safety rules, properly using all safety equipment provided, properly wearing all personal protective devices and/or clothing and shoes as specified, and by helping to maintain clean and sanitary conditions in all areas of the work, including the parking lot. Employees are required to report all accidents or injuries immediately, no matter how slight. Should an injury or illness require professional medical attention, arrangements will be made for the transportation of the employee to a doctor's office, hospital, or other medical care facility. ARTICLE 8 Labor Relations Meeting SECTION 1 – LABOR RELATIONS MEETING In the interest of sound labor/management relations, upon the request of either party, at a mutually agreeable date and time, not more than three (3) representatives of the Employer will meet with not more than three (3) 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 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 will be to: A. Discuss the administration of this Contract. B. Discuss grievances which have been processed beyond the final Step of the Grievance Procedure when such discussions are mutually agreed to by the parties. C. Discuss any pending items related to civil rights issues. D. Disseminate general information of interest to the parties. E. Consider and discuss health and safety matters relating to employees. F. Discuss any other items the parties mutually agree to discuss. 8 Attendance at labor management meetings shall be paid time. ARTICLE 9 LAYOFF AND RECALL SECTION 1 - NOTIFICATION TO UNION In case a layoff of employees is anticipated, the City shall notify the Union, of the impending layoff. SECTION 2 - LAYOFF NOTICE Affected employees shall receive notice at least seven (7) calendar days prior to the effective day of layoff. SECTION 3 - LAYOFF ORDER When layoffs are necessary, provided certifications and qualifications are equal, the City shall lay off employees in reverse order of seniority within the bargaining unit. SECTION 4 - RECALL LIST Employees who are laid off shall be placed on a recall list for a period of two (2) years. If there is a recall, employees who are still on the recall list shall be recalled in the inverse order of their layoff, provided that employees will be required to have all qualifications and certifications. SECTION 5 - NOTICE OF RECALL Notice of recall listing a date for the employee to return to work shall be sent to the employee with a copy to the Union. The City shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail, return receipt requested, to the last mailing address provided by the employee. The recalled employee shall have seven (7) calendar days following the date of delivery of the recall notice to notify the City of the employee's intention to return to work and shall have seven (7) calendar days following the date of delivery acknowledgement of the recall notice in which to report for work, unless a different date for returning to work is otherwise specified in the notice. SECTION 6 - LAYOFF & RECALL CONTINUED An employee who is recalled from layoff shall suffer no loss of seniority or break in service for the time during which the employee was laid off, provided that the employee is recalled and timely returns to work during the duration of the recall list. However, an employee shall receive no seniority service credit for time spent in layoff. An employee who is recalled from layoff during the duration of the recall list shall return to the classification held by such employee at the time of the layoff. ARTICLE 10 SENIORITY SECTION 1 - SENIORITY For the purposes of this Article, 'seniority' shall be computed on the basis of not only the member(s) uninterrupted length of continuous full-time service in the City of Dublin but also a second 'seniority' date from an members(s) most recent date of hire to the Team Lead Classification. An employee's 9 seniority shall consist of two (2) dates; (1) hire date of employment and 2) seniority in the Team Lead classification. Except as set forth below, for purposes of this Agreement, "Seniority" will be defined as total continuous service as a full-time employee of the bargaining unit. Seniority will begin to accumulate on the date an individual becomes employed in a position within the bargaining unit. For employees in the position of Team Leads, as of September 1, 2023, seniority shall be defined as the total continuous services as a full-time employee in the position formerly known as Crew Supervisor. SECTION 2 – DATE OF HIRE SENIORITY Any benefit that the member(s) receives based on date of hire seniority will be applied at the highest level. Ex. Vacation, holidays, personal time off, wages, health, welfare, and pension contributions, etc. SECTION 3 – CLASSIFICATION SENIORITY Any seniority issues pertaining to benefits during the daily operation will be awarded to seniority within the classification of Team Lead (as defined above) Ex. lay-off and re-calls, bumping right, seniority- based selection of compensatory time off, etc. SECTION 4 – LOSS OF SENIORITY An employee's seniority shall be broken and their employment with the City terminated upon the occurrence of any of the following events: A. If the employee quits, or if the employee is discharged for just cause; B. If the employee is laid off for longer than twenty-four (24) consecutive months; C. If the employee fails to timely report to work after notifying the City of intent to return to work from layoff. Verification of recall from layoff shall be directed to the employee, by certified mail, at the last address of the employee on record with the City. D. If an employee fails to keep the City notified in writing of his or her their proper address and this results in the failure or inability of the City to notify the employee as may be required under this Agreement; E. If the employee obtains a leave of absence under false representations; F. If the employee is absent without notification to the immediate supervisor or designee, or to the Human Resources Department for a period of three (3) working days, in which case the employee shall be considered as having quit voluntarily unless the employee can establish, to the satisfaction of the City, that circumstances made it impossible for the employee to make such notification; G. If the employee accepts employment elsewhere during a leave of absence; or H. If the employee retires. 10 ARTICLE 11 GRIEVANCE PROCEDURE SECTION 1 – GRIEVANCE DEFINED A grievance shall be defined as any dispute or disagreement among the parties which arises out of the interpretation or application of a provision or provisions of this Agreement. SECTION 2 – JURISDICTION Nothing in this grievance procedure shall deny members any rights available at law to achieve redress of their l egal rights. However, once a member elects to pursue a legal or administrative remedy in lieu of this grieva nce procedure, and a court or administrative tribunal accepts jurisdiction over the issue, the mem be r is thereafter precluded from seeking a remedy under this procedure and any grievance in process shall be voided. SECTION 3 – REPRESENTATION A grievance can be initiated by the Union representative or an aggrieved member. When a group of members desire to file a grievance involving each member of the group in a substantially similar manner, all members shall sign the grievance, and the Union representative or the designated representative of the affected group of members will process the grievance. SECTION 4 – GREIVANCE FORMS Gri evance forms will be processed on a mutually agreed form. The Un i on will be responsible for the printing and distribution of grievance forms. SECTION 5 – GRIEVANCE STEPS All grievances must be processed at the proper Step(s) in the progression order to be considered at any subsequent Steps(s) unless the parties mutually agree to forgo any agreed to Step(s). For the purposes of this Article the term "working days" sh a ll mean Monday, Tuesday , Wedn esday, Thur sd ay, and Friday . Step 1. Direct Supervisor A. The grievant shall first attempt to resolve a grievance informally with their Direct Supervisor and/or his/her designee. No grievance form nor any written response needs to be in writing at this step. A Union Steward may be present if said grievant so desires. B. If the grievant is not satisfied with the Step 1 response or was not given a response within five (5) working days after the meeting date, the grievant may adva n ce gr ievance to Step 2. If the grievant fails to advance th e grievance within ten (l0) working days, then the grievance will be considered null and void. The Union Steward at this point m ay assist and/or advance the grievance form at the request of the grievan t to the next step(s), but the grievant is solely responsible for his/her grievance advancement at any/all steps. Step 2. Division Director A. The grievant and/or the Steward on the proper grievance form, within ten 11 (10) working days after the Step 1 response, will advance the grievance to Step 2 by processing said grievance to the Division Director or his/her designee. B. The Division Director and/or his/her designee and the Union Steward and/or his/her designee will agree to meet within ten (l0) working days after the Step 1 response to hear the Step 2 grievance. The parties can mutually agree to an extension of time if so desired. C. The Division Director and/or his/her designee will respond in writing within ten (I0) working days after the grievance meeting. D. If the grievant is not satisfied with the Division Director's Step 2 response, then the grievant or Union Steward on behalf of the grievant may advance the grievance to Step 3 within ten (l0) working days after the Step 2 decision. Step 3. City Manager A. It is the responsibility of the grievant to process his/her grievance to the City Manager or designee office within ten (10) working days from the Step 2 decision. If the grievant fails to advance the grievance within ten (10) working days, then the grievance will be considered null and void. B. The City Manager or designee shall have ten (10) days in which to schedule a meeting with the grievant and Union. Within ten working (10) days after the meeting the City Manager or designee shall submit to the grievant a written response to the grievance. C. If the grievant is not satisfied with the City Manager or designee’s Step 3 response, then the Union Steward and/or his/her designee will notify the City Manager or designee of the Union’s request for arbitration within fifteen (15) working days after the Step 3 decision. Step 4. Arbitration A. Should a grievant, after receiving the answer to the grievance at Step 3 of the grievance procedure, still feel that the grievance has not be satisfactorily resolved, the grievant may, through his or her Union representative, request that the grievance be heard before an arbitrator. The Union or City may advance the grievance to arbitration upon written notice to the other party. A request for arbitration must be submitted within fifteen (15) days following the date the grievance was answered in Step 3 of the grievance procedure. In the event the grievance is not referred to arbitration by the Union within the time limits prescribed, the grievance shall be considered resolved based upon the Step 3 reply. Upon receipt of a request for arbitration the City and/or their designee and the representative of the Union shall, within ten (10) working days following the request for arbitration request a list of seven (7) impartial arbitrators, from the Federal Mediation and Conciliation 12 Service (FMCS). Upon receipt of the list of seven (7) arbitrators, the parties shall select an arbitrator within ten (10) working days from the date the list is received. The parties shall use the alternative strike method from the list of seven (7) arbitrators. The right to strike the first name shall be determined by a coin toss. After the first strike, the other party shall strike a name and alternate in this manner until one (I) name remains on the list. The remaining name shall be designated as the arbitrator to hear the dispute in question. Either party shall have the option to completely reject the list of names provided by the FMCS and request another list, one time each. The parties shall agree on a submission agreement outlining the specific issues to be determined by the arbitrator prior to the hearing. B. The question of arbitrability of a grievance may be raised by either party before the arbitration hearing of the grievance, on the grounds that the matter is non-arbitrable or beyond the arbitrator's scope of authority or jurisdiction. The first question to be placed before the arbitrator will be whether or not the alleged grievance is arbitrable. The arbitrator will decide the question of arbitrability before consideration of the merits. C. The arbitrator shall conduct a fair and impartial hearing pertaining to the grievance. The arbitrator shall afford both parties the opportunity to be heard, to present and examine witnesses, to offer documentary and other evidence and to submit post-hearing briefs. The arbitrator shall issue a written document setting forth his or her decision and rationale in support of said decision. The arbitrator's decision shall be final and binding upon both parties. It is expressly understood and agreed that the arbitrator shall be without jurisdiction or authority to detract from, alter, add to, or otherwise amend in any respect, any of the provisions of this contract or any supplements or appendices thereto. It is agreed and understood that the jurisdiction and authority of the arbitrator shall be expressly limited by the provisions of this contract. It is further agreed that no grievance shall be arbitrated together with any other grievance except by mutual consent of the parties. D. The costs of any proofs produced at the direction of the arbitrator, the fee of the arbitrator and the rent, if any, for the hearing room shall be borne jointly by the parties. The expenses of any non-member witnesses, if any, shall be borne by the party calling them. The fees of the court reporter shall be paid by the party asking for one; such fee shall be split equally if both parties desire a reporter or request a copy of the transcript. Any affected member in attendance for such hearing shall not lose pay or any benefits to the extent such hearing hours are during the employee's scheduled work hours. 13 ARTICLE 12 DISCIPLINE SECTION 1 – DISCIPLINE FOR CAUSE No bargaining unit employee, who has successfully completed their probationary period, will be disciplined without just cause. Just Cause may include, but is not limited to, the violation of City rules and regulations, incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment, neglect of duty, sleeping during working time, 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 with the City. SECTION 2 – PROGRESSIVE DISCIPLINE The principles of progressive disciplinary action will ordinarily be followed with respect to minor offenses. The primary responsibility for the administration of discipline will 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. One or more suspension from duty without pay; for up to five (5) days; E. Dismissal. The City reserves the right to administer discipline at any level of the progression appropriate for the severity of the offense. Disciplinary action taken against an employee, which is other than in the nature of a minor first offense warning, will be in writing and made a part of the employee's permanent personnel file. SECTION 3 – PRE-DISCIPLINARY CONFERENCE Prior to the administration of disciplinary action constituting a suspension without pay or dismissal, a Pre-Disciplinary Conference will be held to give the employee an opportunity to offer an explanation regarding the alleged offense/misconduct on their part. Unless mutually agreed by the parties, this Pre-Disciplinary Conference will take place within 10 working days of completing an investigation of the incident in question and the investigation will not be unreasonably delayed by either the Employer or the employee. Nothing within this Section will preclude the Employer from relieving the employee from duty if, in the judgment of the Employer, such action is necessary. SECTION 4 – APPEAL A bargaining unit employee (who has successfully completed their probationary period), who feels aggrieved by the administration of discipline specified in B. through E. of Section 2, may appeal such 14 disciplinary action in accordance with the Grievance Procedure in Article 11. SECTION 5 – RETENTION OF RECORDS 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 will not be considered for purposes of future disciplinary action more than two (2) years after issuance provided that no repeated offense(s) of a same or similar nature have occurred within said two (2) year period following issuance. ARTICLE 13 HOURS OF WORK SECTION 1 – WORKWEEK The workweek normally consists of forty (40) hours based on five (5) consecutive eight (8) hour workdays followed by two (2) consecutive days off. The regularly scheduled workday will be eight (8) consecutive hours (other than designated snow shifts), with two (2) 15-minute paid breaks each workday and one (1) 30-minute unpaid meal break. Such breaks will not interfere with the proper performance of work responsibilities of the work unit or department, as the case may be. Breaks will ordinarily be taken at the work site. With prior approval, reasonable travel time to and from the work site for the unpaid lunch period may be paid time. Break time will not be connected to the starting and ending time of the employee’s workday. Break time is not cumulative, and the breaks cannot be aggregated together. Employees will utilize city facilities for restroom breaks. Employees may not use restroom breaks during the workday as an opportunity to purchase food or drinks. Employees will receive an automatic deduction for their 30-minute unpaid meal break. Employees may only work through their 30-minute unpaid meal break with prior Supervisor approval. The following are the shifts and hours of work: 6:30 a.m. to 3:00 p.m. (also referred to as first shift) 2:00 p.m. to 10:30 p.m. (also referred to as second shift) 3:00 p.m. to 11:30 p.m. (also referred to as second shift) The City may add shifts, such as a swing or third shift, and may modify the above shifts provided the City gives at least thirty (30) days written notice to the affected employees and the Union. SECTION 2 – LATERAL TRANSFER In the event that a temporary transfer is needed to meet the City’s operational needs, then the most senior Team Lead in seniority order may volunteer for said temporary move. In the event that no volunteers are willing to transfer, then the least senior Team Lead will be obligated to transfer to said position until the temporary transfer is no longer needed. 15 ARTICLE 14 MILITARY LEAVE SECTION 1 – REINSTATEMENT FROM MILITARY SERVICE Pursuant to any State and federal law, 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, will 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”). ARTICLE 15 “ON DUTY” STATUS This Article defines “on duty” outside of the snow and ice season, specifically May through October. Article 18 Snow & Ice Operations will define “on duty” policies from November through April. SECTION 1 – “ON DUTY” STATUS DEFINED The Employer and the Bargaining Unit mutually recognize that certain services provided by the Employer are “short notice” in nature. Short notice events include, but are not limited to, weather- related events such as snow, flood, wind, etc.; unanticipated utility disruptions; unanticipated disruptions to the transportation system and other events of an unanticipated/unplanned nature that occur during periods when staffing is at its lowest or no staff is on hand. These events result in the need to have personnel “On Duty” to respond when called in order to initiate actions to stabilize and/or resolve the situation. Therefore, it is necessary to establish lists of personnel in “On Duty” status in advance to ensure the necessary personnel are readily available for short notice responses. For the benefit of both parties, the following processes are set forth: SECTION 2 – OFFER OF “ON DUTY” STATUS The City will establish and distribute the “on duty” schedule for May – October before the end of January each calendar year. Employees will be assigned to “on duty” on a rotational basis. The “on duty” rotation will be assigned based on seniority with the highest senior member in each work group starting the rotation in May. Members may only be in an “on duty” status within their assigned work groups, unless prior authorization is given by management. The number of positions to be assigned by the City for “On Duty” status will not exceed a total of one (1) member per work group. SECTION 3 – WORK UNITS DEFINED Work units shall be defined as Streets, Solid Waste, Parks Operations, Asset Management (GoDublin), Transportation & Mobility (Electrical), Custodial, Facilities. SECTION 4 – DURATION OF “ON DUTY” STATUS Employees serving in an “On Duty” status will serve in such status for periods of seven (7) calendar days at a time. In the event the bargaining unit member cannot serve up to two (2) consecutive days of the full seven (7) days schedule of “On Duty”, they will find a replacement within their shift/work unit. 16 SECTION 5 – “ON DUTY” COMMUNICATIONS The City will provide and maintain, at its expense, the necessary communication device to those bargaining unit members in an “On Duty” status. In order to be in an “On Duty” status and/or while in an “On Duty” status, the member must be available/reachable via the communication device provided by the City. SECTION 6 – “ON DUTY” NOTIFICATION Those bargaining unit members in an “On Duty” status will be notified of the need to fulfill a short notice overtime assignment via the communication device. The City will identify and notify the appropriate “On Duty” personnel via the communication device. SECTION 7 – “ON DUTY” RESPONSE Those bargaining unit members in an “On Duty” status will verbally respond to a notification immediately upon receipt. Failure to respond, verbally and/or physically, to a notification while in “On Duty” status will result in a forfeiture of “On Duty” pay for that day. Members should report to work within a reasonable time, not to exceed one (1) hour. Should the report time be greater than one (1) hour from the time of the call, employees will begin being paid at the time they report and clock in, and not from the time of the call. SECTION 8 – “ON DUTY” INABILITY TO PERFORM If a Bargaining Unit Member cannot meet the obligation of the “On Duty” status for which they have been selected, the employee must provide twenty-four (24) hours’ notice to the “On Duty” supervisor in advance. The Member will offer the “On Duty” communication device to the most senior Bargaining Unit member who is assigned to that work unit. The member will then not be paid “On Duty” pay for those hours not in an “On Duty” status. SECTION 9 – “ON DUTY” FIT FOR DUTY Bargaining Unit Members placed in an “On Duty” status must refrain from alcohol/drug consumption and activities, which may preclude them 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 their regularly scheduled shift on a day on which they are serving in an “On Duty” capacity, that member must call their immediate Supervisor by 2:30 p.m. (for all first shift employees) and by 9:30 p.m. (for all second shift employees) that same day to report whether they are still too sick to fulfill their “On Duty” obligation for that evening. Should the member advise the immediate Supervisor that they are fit to fulfill the obligation for that evening, if called upon, they will remain in “On Duty” status. If they are unfit to fulfill the “On Duty” obligation, then they will forfeit “On Duty” pay until they have again returned to their regularly scheduled shift without illness. Management will offer the “On Duty” assignment to the most senior bargaining unit member. B. That should a member be on approved FMLA (Family and Medical Leave Act) Leave (for their own serious health condition) for the time frame that overlaps with the time a member is in “On Duty” status, the member will forfeit “On Duty” pay for the duration of the time the member is on such FMLA Leave. Management will offer the “On Duty” assignment to the most senior bargaining unit member. 17 SECTION 10 – “ON DUTY” PAY Bargaining unit members in “On Duty” status will be compensated at the rate of $1.05 per hour for those hours in “On Duty” status outside the employee’s normally scheduled work hours and when not in an overtime status. If a member is assigned “On Duty” status and is unable to meet the obligation, then the bargaining unit member who replaces them will receive the “On Duty” pay. Bargaining unit members will not be compensated for “On Duty” status during lunch/dinner/meal break periods. Further, hours in an “On Duty” status do not constitute hours in paid status for the purpose of computing overtime. The calculation of hours worked for an employee in “On Duty” status will commence upon the employee speaking with the Supervisor and confirming that they are responding to work until they “clock out.” ARTICLE 16 OVERTIME SECTION 1 – OVERTIME Employees will be compensated at straight-time rates for all hours worked except that all authorized hours worked beyond the regular shift in excess of eight (8) hours in any work day will be compensated at a rate of time-and-one-half (1-1/2). If an employee works overtime that is not authorized by their supervisor, the employee may be subject to disciplinary action. Employees who are working on a particular work assignment but cannot complete the assignment before the end of the workday may continue to finish the assignment without invoking the overtime seniority list provided it is no longer than three (3) hours and with prior approval of their Supervisor. The City will make a good faith effort not to abuse this section. Any Team Lead overtime authorized by management for a planned event will be offered to the Team Lead that assisted in planning the event. If the Team Lead refuses the overtime, and Team Lead overtime is deemed necessary by the City, the overtime will then be offered by seniority to the applicable work unit (Streets, Solid Waste, Parks Operations, Asset Management (GoDublin), Transportation & Mobility (Electrical), Custodial, Facilities.) The City reserves the right in emergency situations to mandate overtime for Team Leads on an offer down, force up basis. SECTION 2 – FIRST AND SECOND REGULAR DAY OFF Employees will be compensated at a rate of time-and-one-half (1-1/2) for all authorized hours worked on their first regular day off. When an employee works with approval from an appropriate supervisor their second regular day off, and the employee has actually worked or has been in a paid status each of the previous six days, that employee will be compensated at the rate of double-time for all hours worked on the second regular day off according to the following: A. The work on the second regular day off must be separate and distinct from the previous days recorded by clocking in on the second regular day off. B. When situations arise requiring an employee to clock in on the first regular day more than one hour prior to midnight and work crosses over midnight into the second regular day off, the rate of pay will remain at time-and-one-half (1 ½) for the first 8 hours of work as this is considered one work period. Any hours worked in excess of 8 hours in 18 this specific situation will be compensated at the double time rate. ARTICLE 17 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 their 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 their rights as a citizen to express their personal opinions and to cast their vote. However, an employee will 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; 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 18 SNOW AND ICE SECTION 1 – SNOW AND ICE OPERATIONS, NOVEMBER TO APRIL Snow and ice season begins the first (1st) Monday of November and continues through April. Divisions responsible for snow and ice operations serve on AM (12AM to 12PM) and PM (12PM to 12AM) shifts as assigned by the Division Director or their designee. Management will allow staff to sign up for a preferred shift and those preferences will be accommodated to the extent possible; however, Management will ensure experience levels and quantity of staffing is balanced on both shifts. Members assigned in Divisions responsible for Snow & Ice Operations, must possess a Class A Commercial Driver’s License. Members hired to the Team Lead position prior to January 1, 2024, who possess a Class B, will not be required to obtain a Class A. The AM & PM shift assignments are intended to remain static to the maximum extent possible throughout the season. The City reserves the right to temporarily alter shift schedules, including both regular and snow and ice shifts, due to operational needs. The Division Director or their designee will be responsible to activate the AM & PM shifts for snow and/or ice removal. When activated, the snow and ice shifts will be divided 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. The initiation and termination, and beginning and end times, of snow shifts are determined by the appropriate Division Director or their designee. Management 19 may determine a need to transition into and out of the AM & PM snow shifts. Employees are not guaranteed 12 hours of work or pay when snow shifts are called or ended. SECTION 2 – “ON DUTY” STATUS DURING SNOW AND ICE SEASON The following procedure applies to Divisions responsible for snow and ice operations and is applicable during snow and ice season. A. There will be a maximum of two (2) employees per shift, per work unit on the “On Duty” list representing the A.M. and P.M. shifts, as assigned by the Division Director or their designee. B. The “On Duty” schedule will run for 1 week, starting at 6:30 AM on Monday and will end at 6:30 AM the following week (seven 7 days). Management can, at its discretion, change the days and times of the “On Duty” schedule. If a Federal Holiday falls on a Monday, then the time period will still be covered by the previous week’s assigned member. C. If the need for overtime is initiated between 9 AM and 12 PM, then the PM “On Duty” personnel will be called to report to work. If the need for overtime is initiated between 9 PM and 12 AM, then the AM “On Duty” personnel will be called to report to work. D. Non-snow situations occurring during the snow and ice season will be the responsibility of the “On Duty” employees for their respective AM or PM shifts and will be governed by Article 15. ARTICLE 19 SPECIAL LEAVES SECTION 1 – LEAVE WITHOUT PAY Leave without Pay may be granted, upon the approval of the City Manager, or their designee, if requested in writing by the employee. An employee on Leave Without Pay will not accrue Sick Leave or Vacation Leave 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 they wish to have any or all of said coverages continued. Leave without Pay during the probationary period will not be counted part of the probationary period. Failure of any employee to report promptly at the expiration of such leave of absence will be considered as a resignation. Leave Without Pay may be granted for: A. Personal Leave. Leave without Pay may be granted due to extraordinary circumstances at the discretion of the City Manager, or their 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 their designee, and must be submitted in writing a minimum of two weeks prior to the requested date of the extension. B. Extended Illness or Accident Leave. In the City’s Manager’s sole discretion, leave without Pay may be granted to an employee for a period not to exceed one (1) year, unless 20 required by law, without loss of seniority when such employee is physically unable to report for work because of illness or accident. The employee must promptly notify their supervisor of the necessity therefore (and the supervisor will transmit the request to the City Manager, or their designee, for approval), and the employee must supply certification from a qualified physician attesting to the necessity for such absence. C. Birth Leave. Birth Leave without Pay may be granted to an employee without loss of seniority upon approval of the City Manager, or their designee. Extension of the leave may be granted for a period not to exceed one (1) year, unless required by law, if the employee's physician states in writing that such an extension is needed for recuperative health reasons related to pregnancy. D. Union-sponsored conferences and training. Leave without Pay will be approved for (one) unit chairperson or Unit Griever or unit secretary or any bargaining unit member appointed by the unit chairperson for a period of time, cumulatively, not to exceed a total of fifteen (15) calendar days per calendar year for labor contract administration and to attend Union- sponsored conferences and training with no loss in seniority, will accrue all leaves, and the city will maintain full payment of medical, dental, vision, and life insurance. The employee will advise the Administrator 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. Notice for attendance to prescheduled conferences and training should be 30-days. SECTION 2 – LEAVE WITH PAY Leave with Pay will be granted upon the approval of the City Manager, or their designee, to an employee in the following instances: A. Court Leave. Court leave will be administered by Administrative Order 2.72. Leave with Pay for up to 10 working days will be granted to an employee in order that they may serve required jury duty or if required by law to appear in a case resulting directly from the discharge of his duties as a City employee. B. Bereavement Leave. In the event of a death in an employee's family, the employee will be entitled to up to three (3) paid work days for funeral services and/or burial per covered family member. Additional days of Personal Leave, Vacation Leave, and Compensatory Time may be approved by the City Manager, or their designee, on a "case-by-case" basis, given the merits of each particular set of circumstances. The family, for purposes of Bereavement Leave, will 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, stepsister, step-son, step-daughter, mother-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. Military Reserve Leave. A member who, as a member of the Ohio Organized Militia which is comprised of the Ohio National Guard , the Ohio Military Reserve, and 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, will be entitled to a leave of absence with pay for a period or 21 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 will 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). Employees will have such rights and options as are guaranteed to them by the Family and Medical Leave Act and the City will have such rights and options as are allowed to it by the Family and Medical Leave Act. All accrued Vacation and other paid time/leave will be substituted for and applied toward any FMLA-qualified leave. An employee seeking FMLA leave must first use paid sick time (if applicable), vacation, personal leave, and compensatory time before going on unpaid leave. E. Other. Leave With Pay may be granted by the City Manager, or their 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 20 USE OF PRESCRIPTION & “OVER-THE-COUNTER” MEDICATION SECTION 1 – PURPOSE 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 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 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, will 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 their supervisor, the supervisor will attempt to temporarily reassign the employee to other duties, which can be performed, if such duties are available. If such duties are not available, the supervisor will authorize Sick Leave for the employee and/or FMLA if appropriate. SECTION 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 2, without notifying their supervisor, such employee will be subject to the appropriate disciplinary action, if any, up to and including suspension or discharge. 22 ARTICLE 21 EMPLOYEE ASSISTANCE PROGRAM SECTION 1 – EMPLOYEE ASSISTANCE The Employer and the Union recognize that a wide 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 will 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 their 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 2 – OTHER TERMS & CONDITIONS The Employer and the Union agree that: A. Participation in the EAP will be voluntary, except where the completion of an EAP is required to satisfy the conditions of an imposed disciplinary measure or an agreement to complete an EAP in lieu of discipline. B. Nothing in this Article of this Agreement will 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 will remain unaltered, and use of the EAP will not alter the responsibility of employees to maintain an acceptable level of performance or acceptable behavior/conduct. C. EAP-related appointments scheduled during normal work hours will 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.). D. The Employer will reserve the right to contract with the company/organization of its choice that will, in the judgement of the Employer, provide the most cost- effective, meaningful, and responsive service to the Employer and its employees. The union may provide upon request from the employer approval companies/organizations to the employer for services to the employees. 23 ARTICLE 22 WAGES SECTION 1 – WAGE STRUCTURE Effective July 2, 2024, to July 1, 2027, the wage structure depicted below will be in place for the job classification identified below. Team Lead Wage Structure Annual Base Wage Rates May 13, 2024 July 1, 2025 July 1, 2026 Annual Annual Annual 3.00% 3.00% Step 1 (1st year in position)* $71,750.00 $73,902.50 $76,119.58 Step 2 (2nd and 3rd year in position $72,750.00 $74,932.50 $77,180.48 Step 3 (4th year in position)* $73,750.00 $75,962.50 $78,241.38 *One-time inflationary bonus of $500 for 2024, paid out in a separate check subject to normal withholdings within 2 pay periods following approval of the contract by both the bargaining unit and City Council. SECTION 2 – STEP ADVANCEMENT Following the employee's initial appointment to a position within the bargaining unit, advancement to successive steps within the wage structure will occur annually on the employee's anniversary date of appointment. SECTION 3 – APPLICATION OF PAY RATES The rates of pay set forth above will be used to calculate wages for hours in paid status for the appropriate step. "Paid Status" will include all hours in approved paid leave including vacation, injury, military (active duty), personal, compensatory time, sick leave, etc. SECTION 4 – LONGEVITY PAY In addition to the other types of compensation identified in Section 1, all employees will receive a longevity payment based upon completed years of service with the City according to the following schedule. In order to be eligible for the longevity payment, the employee must be in an active status on the anniversary date of the employee’s appointment. The following schedule will be effective July 2, 2024: 24 Completed Years of Service with the City of Dublin Amount Four (4) through six (6) years $950.00 Seven (7) through ten (10) years $1150.00 Eleven (11) through fourteen (14) years $1450.00 Fifteen (15) through nineteen (19) years $1700.00 Twenty (20) or more years $1900.00 Longevity pay will appear in the paychecks for the pay period 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 which the employee would have normally been entitled for longevity pay, the employee will forfeit entitlement to such pay. Section Shift Differential. Shift differential pay will be provided as follows, with the exception of hours in paid status while on approved leave: A. For employees regularly assigned to first shift, shift differential will not apply except when working on snow removal operations, which runs from the first Monday of November through April. When employees regularly assigned to first shift work on snow removal operations, shift differential will apply to those hours worked between 5 p.m. and 6:45 a.m. B. For employees regularly assigned to second or third shift, shift differential will be applied to any hours worked. Effective upon execution of this Agreement, the shift differential rate will be $1.40/hour. Shift differential pay will be applicable to actual hours worked. Shift differential will 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 will 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 will not qualify for shift differential pay. If authorized overtime occurs in conjunction with the regular workday, the shift differential will be paid for each hour of overtime worked as specified above. If shift differential pay is applicable, and overtime occurs, the shift differential pay will 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. ARTICLE 23 COMPENSATORY TIME SECTION 1 – COMPENSATORY TIME At the election of the employer, overtime may be compensated with Compensatory Time off in accordance with the provisions of the Fair Labor Standards Act. Such Compensatory Time off will 25 be equal to one and one-half (1-1/2) times for each two (2) times, which ever may be applicable (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, will be one hundred sixty (160). After an employee's maximum Compensatory Time bank has reached one hundred sixty (160) hours, all additional Overtime for such employee will be paid at the appropriate Overtime rate. Compensatory time accumulations will carry over from year to year, except that a employee is entitled to be paid out for any accumulation the first pay of each quarter during the calendar year (January, April, July, October). The calculation for converting compensatory time to cash will 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 will be the employee’s responsibility to make the request using the Kronos timekeeping system, specifying the number of hours the employee wishes to convert to cash. This request must be made in conjunction with a employee’s approval of their time for the first pay in each quarter. The cash conversion will then be paid on the scheduled pay date. It is the employee’s responsibility to ensure there have sufficient compensatory balances available for future leave requests using compensatory time. The Department of Finance will not be responsible for reversing the cash payment of compensatory time that was directed by the employee. The cash conversion will then be paid in the form of a separate payroll deposit. However, in no event may the employee exceed the maximum amount of one hundred sixty (160) hours in their Compensatory Time bank and all additional Overtime for such employee will be paid at the appropriate Overtime rate. During any one payroll year, an employee may earn a maximum amount of Compensatory Time of two hundred forty (240). Once the employee has earned a maximum amount of Compensatory Time of two hundred forty (240) hours in a payroll year (inclusive of any usage during the payroll year), all other Overtime for that payroll year will be paid at the appropriate Overtime rate regardless of the number of hours of Compensatory Time in the employee’s Compensatory Time bank. SECTION 2 – PAYMENT FOR ACCRUED COMPENSATORY TIME UPON SEPARATION An employee who has accrued Compensatory Time will, 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 will be paid to the employee's surviving spouse or, secondarily, their estate. SECTION 3 – USE OF COMPENSATORY TIME Any request for Compensatory Time of more than eight (8) consecutive hours use will be submitted at least seventy-two 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 fewer consecutive hours use may be submitted with less than forty-eight hours (48) 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. In the event that a request for Compensatory Time is denied because of operational needs, the employee will be given the opportunity to take the Compensatory Time at another time. If the alternate time is not acceptable for either party, then the number of hours requested may be paid out in the next pay per the request of the employee. 26 ARTICLE 24 SICK LEAVE SECTION 1 – SICK LEAVE ACCRUAL All employees will be entitled to Sick Leave with Pay at the rate of four and six hundred fifteen thousandths (4.615) hours per pay period. Sick Leave with Pay will accrue without limitation, with the exception that an employee will 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, the employee will accrue Sick Leave at the rate of fifty-eight thousandths (.058) hours for each one (1) hour in full pay status during the pay period. New employees will 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. Effective at the ratification of this agreement, all current Team Leader will have 80 hours of sick leave added to their sick bank. SECTION 2 – USE OF SICK LEAVE Sick Leave with full normal pay will 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, adult legally dependent siblings, or someone who stands in Loco Parentis. Bargaining unit members will 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 will evaluate such requests and may, on a case- by-case basis, approve such requests, at their discretion. C. Enforced quarantine of the employee in accordance with community health regulations. D. Necessary appointments with physicians and dentists. In order to qualify for Sick Leave payments, the employee must notify their supervisor not later than one-half (1/2) hour before their 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, the employee may be required by their immediate supervisor to submit a doctor's certificate verifying the illness and justifying the necessity 27 of the absence. If the immediate supervisor determines that an employee's use of Sick Leave is not justified, the immediate supervisor will 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, will be responsible for preventing abuses of Sick Leave. Sick Leave will not be considered leave time which an employee may use at their discretion for personal business. The Employer may require medical proof of the necessity for said Sick Leave, in which event the involved employee will 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 will be considered unauthorized leave and will be without pay. If an employee is found to have abused this Sick Leave policy, the employee will 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" will mean the ability to satisfactorily perform the essential job duties of the position, with or without a reasonable accommodation, to which the employee is assigned, as determined by the City. If deemed necessary by the employee’s administrative superiors, the employee may be asked to provide fitness for duty certification. Vacation Leave, Personal Leave, Compensatory Time, or approved Leave without Pay may be used to supplement Sick Leave when the latter is exhausted, subject to the terms of the applicable leave. All Sick Leave will be requested by use of the City’s time keeping system. SECTION 3 – CONVERSION OF SICK LEAVE An employee will be entitled to the conversion of Sick Leave as follows: A. Conversion upon Separation. The employee may convert Sick Leave subject to all of the following conditions: 1. The employee separates employment (employee’s separation must not be for just cause) with the City; 2. The employee has at least ten (10) years of full-time public service, five (5) years of which must be full-time continuous service with the City; and 3. The employee must have a Sick Leave Balance of at least five hundred (500) hours at the time of separation; The rate of pay for such accumulated Sick Leave will be at the employee's straight time hourly rate of pay at separation multiplied by one-third (1/3) of the total number of accumulated Sick Leave hours. Total payment under this provision will not exceed 700 hours. In the event an employee dies while in the employ of the City, except as provided in paragraph (C) of this section, and the employee has at least ten (10) years of full-time public service, five (5) of which is full-time continuous service with the City, their spouse, or secondarily their estate, 28 will be paid the aforementioned rate of redemption for accumulated unused Sick Leave. B. Annual Conversion. During December of each year, each employee may convert a portion of 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 five hundred (500) hours at the end of the first pay period in December; 2. The employee must have a minimum balance of 80 hours or more after conversion at the end of the payroll calendar year; 3. The employee may convert no more than twenty-eight (28) hours of Sick Leave to pay; 4. Sick Leave will be converted at the rate of one (1) hour of Sick Leave to one (1) hour of pay at the straight time hourly rate of pay; 5. Once Sick Leave is converted to pay, it will not be converted back to Sick Leave. 6. This payment will be made to the employee by separate deposit with the first pay of the following calendar year. C. Killed During Performance of Duties. If an employee is killed while performing authorized, assigned job duties, the employee’s surviving spouse, or secondarily, the estate, will 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 will constitute payment in full for all accrued and unused Sick Leave credited to the employee. SECTION 4 – SICK LEAVE TRANSFER FROM PRIOR PUBLIC EMPLOYER Any employee who has accrued Sick Leave with the State of Ohio or any political subdivision of the State will 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 within 60 days of employment beginning. The employee is responsible for making the City aware of the request to transfer Sick Leave within 30 days of employment. New employees hired on or after the ratification of this Agreement, whose Sick Leave is transferred from another public employer, must first use Sick Leave accrued with the City of Dublin prior to using the transferred balance. In addition, on or after the ratification date of this Agreement, any newly hired employee’s transferred Sick Leave will not be eligible for conversion to a cash payment either on an annual basis or upon retirement or resignation. ARTICLE 25 HOLIDAYS SECTION 1 – PAID HOLIDAYS The following are designated as paid holidays for bargaining unit employees: 29 New Year's Day Martin Luther King, Jr. Day President’s Day Memorial Day Juneteenth Independence Day Labor Day Veteran’s Day Thanksgiving Day Christmas Day SECTION 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 will be the observed day; should the holiday fall on a Sunday, the Monday immediately following the holiday will be the observed day. For employees assigned to other than a Monday through Friday workweek (Saturday and Sunday off), the holiday will be celebrated on the calendar day on which the holiday actually falls. SECTION 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 will 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 on a City observed holiday, they will be entitled to eight hours straight time pay plus double time pay (or Compensatory Time) for all hours worked. ARTICLE 26 PERSONAL LEAVE SECTION 1 – ALLOCATION & USAGE OF LEAVE Effective the first pay period of 2025 and then each payroll year under this Agreement, each employee, who is in full pay status (i.e. on duty or on approved Leave with Pay) will receive forty (40) hours (five (5) days) of Personal Leave. However, new employees appointed during the year will receive a pro-rated allocation of Personal Leave in accordance with the following schedule: Timeframe Appointed Personal Leave Allocation January 1 through March 31 40 Hours (5 days) April 1 through June 30 32 Hours (4 days) July 1 through September 30 20 Hours (2.5 days) October 1 through November 30 8 Hours (1 day) 30 December 1 or later None 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 will be pro-rated. For every pay period the employee has been in less than full pay status, one and fifty four hundredths (1.54) hours of Personal Leave will be deducted from the normal forty hours (40) 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. Advance notice is defined as 2 days or as much notice as is practicable. All Personal Leave must be used within the same calendar year in which it is allocated or said Personal Leave will be forfeited. Personal Leave will be paid at the employee's straight time rate. Conflicts involving multiple requests for the same period of leave will be resolved on a first-come-first-served basis. Personal Leave will 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 will be the same as the employee’s last day worked. SECTION 2 – PAYMENT FOR UNUSED PERSONAL LEAVE, LAYOFF OR DEATH In the event that an employee is laid off from City service, said employee will 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 will be paid to the employee’s surviving spouse, or secondarily, the employee’s estate. ARTICLE 27 VACATION LEAVE SECTION 1 – VACATION YEAR The vacation year for employees will end at midnight on the last day of the payroll calendar year. SECTION 2 – CONDITIONS FOR ACCRUAL Employees will accrue Vacation Leave per pay period at the annual rate set forth in Section 26.4. In addition, an employee will not earn the full vacation accrual in a given pay period unless they are 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 in full pay status during the entire pay period, the employee will accrue vacation on a pro-rated basis taking into account the number of hours in full pay status during the pay period and the rate of accrual at that given time. The formula for pro-rating the employee’s accrual under such circumstances will be the number of hours in full pay status multiplied by the converted hourly accrual rate. SECTION 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 prior service with such entity. For the purpose of computing the amount of Vacation Leave with the City, if the nature of said service is relevant to the nature of service with the City of Dublin, providing the employee gives notice within 30 days from hire date. 31 A new employee of the City will immediately accrue vacation according to the vacation accrual scheduled in section 26.4. A new employee with less than one (1) year of prior public service will not be able to use Vacation Leave within the first 6 months of employment. A new employee with more than 1 year of prior public service will be entitled to use Vacation Leave after three (3) months of employment. SECTION 4 – VACATION ACCRUAL SCHEDULE Each employee will be entitled to Vacation Leave based upon the following Vacation accrual schedule: Completed Years of Public Service Paid Vacation (Hours Per Year) 0 up to 1 Year 80 Hours 1 up to 4 Years 108 Hours 4 up to 9 Years 142 Hours 9 up to 15 Years 182 Hours 15 up to 20 Years 208 Hours 20 Years or More 246 Hours SECTION 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) to nineteen (19) complete years 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. An employee with twenty (20) or more completed years of public service may carry over a maximum of two hundred forty (240) hours of Vacation Leave from one payroll calendar year to another payroll calendar year. SECTION 6 – VACATION SCHEDULING/USE The Division/Department will attempt to honor all Vacation requests in the following manner with the understanding that all Vacation Leave will be taken at such time or times at the discretion of and as approved by the Division Head. A. Annual Scheduling. In December of each year, the Division will post a Vacation Schedule for the following year. Employees will submit written requests for Vacation Leave by January 1. In cases of conflict, classification seniority will control as to granting of requests for Vacation Leave. In the event an employee's request is disapproved, that employee will 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 will not be approved. In the event the employee does not resubmit an 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, 32 casual use of Vacation Leave. Approval of such casual Vacation Leave will 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 will 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 will be the same as the employee’s last day worked. SECTION 7 – RATES OF PAY FOR VACATION HOURS All Vacation hours will be paid at the applicable straight time rates; however, an employee ordered to work while on approved Vacation Leave will be paid at the double time rate, with a minimum guarantee of four (4) hours pay for each such call-in. SECTION 8 – PAYMENT OFR ACCRUED VACATION LEAVE UPON RESIGNATION/ SEPARATION AND DEATH Employees who are laid off, who resign with two (2) weeks’ notice, or who are separated from City service other than for just cause will 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 will be paid to the employee’s surviving spouse, or secondarily, to their estate. SECTION 9 – ANNUAL CONVERSION OF ACCRUED VACATION LEAVE During December of each year, each employee who has completed eleven (11) years of public service may convert a portion of their accrued but unused Vacation Leave to a cash payment, subject to all of the following conditions. A. The employee must have a Vacation Leave balance of at least one hundred and twenty (120) hours at the end of the first pay period in December; B. The employee may convert no more than forty (40) hours of Vacation Leave to pay; C. Vacation Leave will be converted at the rate of one (1) hour of Vacation Leave to one (1) hour of pay at the member’s current straight time hourly rate of pay; D. Once Vacation Leave is converted as part of this process, it cannot be converted back into Vacation Leave. E. This payment will be made to the employee by separate deposit within the first pay period of the following calendar year. ARTICLE 28 LEAVE DONATION SECTION 1 – PURPOSE We agree that the leave donation program is governed by Administrative Order 2.55. The City agrees to bargain with the Union if there are any revisions to be made to the 33 Administrative Order 2.55. ARTICLE 29 INSURANCE SECTION 1 – MEDICAL, DENTAL & VISION BENEFITS The City will make available group medical, prescription drug, dental, and vision benefits to all employees and dependents who meet the eligibility requirements of the plan and that is reflective of the benefits in Ordinance 46-23 (Compensation Plan for Non-Union Personnel). Team Leads will receive the same benefit coverage as the non-union group. ARTICLE 30 TRAINING AND TUITION REIMBURSEMENT SECTION 1 – TRAINING REIMBURSEMENT 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 Director or their designee. The training will be related to an employee's performance of their job duties or in preparation for job duties which may be assigned to the employee after completion of training. Reasonable effort will be made to accommodate the training to the employee's regular work schedule. The Division will 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 will receive all pay and benefits to which they are 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, will be paid by the Employer as follows: A. Registration fees, tuition charges for the training school, seminar, or educational or other instructional programs. B. The Employer will not pay for meals when not provided by the tuition. C. The Employer will pay the current rate for mileage, as determined by the IRS, when an employee is not provided with a City-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 Director. Compensation for all other travel will be compensated in accordance with Administrative Order 2.58. 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. 34 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. Payments may be issued in advance for paragraphs A. and D. of this Section. SECTION 2 – TUITION REIMBURSEMENT A. Reimbursement Program. All employees of the bargaining unit may participate in the City's Tuition Reimbursement Program. Under this program, each employee will 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 will include courses necessary for job-related degree programs or courses of study not necessarily within a job-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.) will be eligible for reimbursement under this program. No reimbursement will be approved for correspondence courses. B. Necessary Approval. All coursework subject to reimbursement will be transmitted, in advance and through the Division/Department Head, to the Director of Human Resources for approval. The Division/Department Head will provide a written recommendation concerning approval/disapproval of the request at time of transmittal to the Director of Human Resources. If practicable, an employee will make application for approval of coursework at least fifteen (15) days prior to commencement of the course of study. The Director of Human Resources will evaluate the employee's coursework/degree program for job-relatedness and will notify the employee, in writing, regarding approval/disapproval of said coursework/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 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 Director, or their designee, to take such courses on work time. D. Reimbursement Procedure. Reimbursement will be made upon successful completion of a course with a grade of C (2.00) or better. The employee will 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 will be deducted from the amount of tuition reimbursement that would otherwise be payable. The employee will not be reimbursed for 35 incidental expenses such as paper or supplies, mileage, parking, meals, or other expenses other than tuition, fees, and required textbooks. E. Payback for Early Separation. In the event that an employee separates 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. ARTICLE 31 EMPLOYEE INCENTIVE PROGRAMS/ DISCOUNTS SECTION 1 – EMPLOYEE INCENTIVE PROGRAMS Members of the bargaining unit will be eligible for employee incentive programs (e.g. Wellness Program incentives/awards, etc.) offered to other non-bargaining unit employees of the City. Eligibility to participate in these incentive programs and receipt of any awards through these programs will be governed by the written program rules, regulations, and requirements as approved by the City Manager. SECTION 2 – EMPLOYEE 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 32 TRAVEL/ MILEAGE REIMBURSEMENT Whenever an employee is authorized to engage in or to undertake official business for the City, that employee will be reimbursed for reasonable and necessary expenses and travel. If practicable, the employee will be allowed the use of a City vehicle for travel. If not practicable, reimbursement for authorized use of a personal automobile will 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 33 SAFETY AND APPAREL AND PERSONAL PROTECTIVE EQUIPMENT SECTION 1 –SHOE, GLOVE AND OUTERWEAR ALLOWANCE All bargaining unit employees will be provided an allowance for the cost of steel-toed safety shoes, required gloves and outerwear in an amount of $450.00 per calendar year. Each bargaining unit employee will receive his or her allowance on the second regularly scheduled pay distribution of each calendar year. The outerwear must be brown/tan in color and must be kept clean. When such outerwear is excessively worn, it must be discarded and replaced by the employee. The City reserves the right to require outerwear that is excessively worn to be replaced by the employee. It is the 36 employee’s choice on what type of outerwear is purchased. SECTION 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 of their job duties. The cost to the City will not exceed $175.00. Prescription safety glasses must have permanent side shields and be ANSI Z87.1 current standard compliant. SECTION 3 –DAMAGED PERSONAL PROPERTY Prescription eye glasses, contact lenses, or watches, which are damaged during the performance of the employee’s assigned job duties, will 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 one hundred dollars ($100.00) 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 will 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 34 MISCELLANEOUS SECTION 1 – AGREEMENT COPIES As soon as is possible following the signing of this Agreement, the Employer and the Union will 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, will be shared equally by the parties. The Union will be responsible for distribution of copies to current members and the Employer will be responsible for distribution of copies to new members who are hired during the term of this Agreement. ARTICLE 35 PROBATIONARY PERIOD SECTION 1 – NEW HIRES Every newly hired employee will be required to successfully complete a probationary period, which will begin on the employee’s effective date of appointment with the Employer and will continue for a period of one hundred eighty (180) calendar days. A probationary employee will 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 their probationary period and will 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. The local union will be notified of any extension of a probationary period. If the probationary employee’s probationary period should indeed be extended, and the employee is subsequently disciplined or terminated, the probationary employee will have no recourse through the grievance procedure. 37 ARTICLE 36 EMPLOYEE DRUG & ALCOHOL TESTING PROGRAM SECTION 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. SECTION 2 – TERMS AND CONDITIONS OF TESTING The Employer and the Union hereby agree that all bargaining unit members, as a condition of this Agreement, will be required to submit, upon request, to a urinalysis, breath test, and/or blood test to detect the presence of illegal drugs, including marijuana or its derivatives, legal drugs taken not as prescribed or without a prescription, 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 will 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 their 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. Employees who have been found, through the testing procedures identified in Section 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), will not be paid for the time they are off work awaiting the testing results, and will be subject to appropriate disciplinary action including suspension or dismissal. SECTION 3 – DRUG AND ALCOHOL TESTING PROCEDURES Drug and alcohol testing will be conducted in the following manner. A. When circumstances arise which require drug and/or alcohol testing, the Director will contact the Director of Human Resources or, in their absence, their designee, to obtain approval for testing. Should disagreement exist between the employee's supervisor or Director and the Director of Human Resources, or their designee, regarding whether or not to proceed 38 with testing, the City Manager or designee will make the final determination. Upon receiving approval to proceed with testing, the supervisor will escort the employee to a designated D.H.H.S. (Department of Health and Human Services) certified laboratory. After specimen collection, the employee will be escorted home, except in the case of post-accident testing. In the case of post-accident testing, the employee will return to work following specimen collection, to a role deemed safe for the employee and other employees, unless otherwise restricted by a physician. (In circumstances involving “post-accident” testing, where the employee requires off-site medical attention, the testing procedure will be initiated after proper medical attention has been rendered. In the event the employee is hospitalized, testing will be accomplished by blood within the hospital environment as soon as possible.) B. In screening for the presence of drugs or alcohol, generally accepted screening procedures will be used. Whenever an employee is required to provide urine or blood for the screening procedure, the employee will 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 will 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 will be submitted for testing to a certified laboratory. If illegal drugs and/or alcohol are found in the first specimen, then that same specimen will 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 their designee, will be notified by the Medical Review Officer (MRO) at the certified laboratory. The Director of Human Resources, or their designee, will in turn contact the employee. E. The employee must then decide whether the second specimen provided at the initial collection is to be further tested. If the employee so requests, then the second specimen will be tested using a second certified laboratory at the employee’s expense. 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 will be taken, which may include suspension or dismissal. G. In the initial testing of the first blood/urine specimen provided at the time of collection, should masking agents (e.g. Klear, Ur-n-luck, Zydot, etc.) be detected, it will be considered as a “refusal to submit to testing” and the option to pursue testing of the second specimen will be forfeited. The City will be so notified. Such “refusal to submit to testing” will 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 will be required to repeat the testing procedure. The result of the second test will then become the test of record. Should the employee decline to take the second test, such refusal to submit to testing, will result in appropriate disciplinary action, including suspension or dismissal. Should a “dilute positive” 39 result be received by the City on the first or second test, such result will be considered as a verified positive test, which will 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 will be administered by a trained Breath Alcohol Technician (BAT). In addition, only Evidential Breath Testing (EBT) devices certified by the Federal Government will be used along with the prescribed breath alcohol testing form. J. In the administration of breath alcohol testing, an initial breath test will be conducted via Evidential Breath Testing (EBT) device. If the initial test results in a reading of less than 0.02, the test will be recorded as “negative". If the initial test results in a reading of 0.02 or greater, a confirmatory test will be administered. Prior to the administration of a confirmatory test, there will 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 from the initial test result, the confirmatory test will be deemed the final result. A test result of0.02 or greater on the confirmatory test will 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 will advise the employee regarding their return to work. ARTICLE 37 DRUG AND ALCOHOL USE IN THE WORKPLACE SECTION 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 the use of alcohol and illegal drugs, including marijuana and its derivatives, 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 and alcohol in the workplace. In addition, the Employer and the Union understand that, pursuant to the federal Drug Free Workplace Act, in order for the Employer to be considered as a recipient for federal 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 the illegal use of drugs and the use of alcohol in the workplace, to notify bargaining unit employees of the consequences of illegal use, possession, distribution, manufacture, etc. of controlled and/or abuse of prescription drugs and alcohol 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 will be applicable to all employees of the bargaining unit and the bargaining unit hereby 40 understands that this Article will be strictly enforced by all supervisory personnel. SECTION 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 AND ALCOHOL-FREE WORKPLACE. This means that all employees, including supervisory personnel, are absolutely prohibited from unlawfully manufacturing, distributing, dispensing, possessing, or using controlled substances, including marijuana and its derivatives, or alcohol in the workplace. Reporting for work while under the influence of illegal drugs and/or alcohol, or with any residual effects from illegal drug and/or alcohol 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, or alcohol when any amount of such substances (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 will be subject to unannounced inspection at any time by appropriate supervisory or law enforcement 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 will be strictly enforced and will be a condition of continued employment. The Union also understands that any employee violating this policy will be subject to appropriate disciplinary action which 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 or 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 3 – DRUG AND ALCOHOL AWARENESS & EMPLOYEE ASSISTANCE Bargaining unit employees have a right to know the dangers of the use and abuse of drugs and 41 alcohol 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, will be limited to those covered by the Employer's medical plan. (For further information on the medical benefits for drug and alcohol abuse treatment, refer to the City of Dublin "Summary Plan Description (SPD). ") SECTION 4 – 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 inform the Employer will 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 38 DURATION SECTION 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 July 2, 2024. SECTION 2 SIGNATURES Signed and dated at Dublin, Ohio on or as of the 2nd day of July, 2024. 42 TEAMSTERS: CITY OF DUBLIN: _________________________ ___________________________ Tony Jones, Megan O’Callaghan, City Manager Teamsters President _________________________ _________________________________ Scott DeYarmon, Catherine Burgett, Legal Council Teamsters Vice President _________________________ _________________________________ Rick Queen, Local 413 Matthew Stiffler, Chief Financial Officer Bargaining Committee _________________________ ____________________________ Keith Ryan, Local 413 Jennifer Miglietti, Director of Human Bargaining Committee Resources ____________________________ Jason Anderson, Director of Public Service _________________________ Marisah Ali, Human Resources Business Partner