HomeMy WebLinkAbout34-04 Resolution
RECORD O,F RESOLUTIONS
Dayton Legal Blank Co" Farm No, 30045
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~_C .~~ __+ R"olution No... -34-04- - Pa,,,d . . . -., YK\R
I, A RESOLUTION AUTHORIZING THE CITY MANAGER
II TO ENTER INTO A COLLECTIVE BARGAINING
!!
AGREEMENT WITH THE UNITED STEEL WORKERS OF
I
Ii AMERICA REGARDING WAGES, HOURS, TERMS AND
I'
II CONDITIONS OF EMPLOYMENT FOR EMPLOYEES
WITHIN THE MAINTENANCE WORKER, SIGN
WORKER, AUTO MECHANIC, AND CUSTODIAL
WORKER BARGAINING UNIT.
WHEREAS, the City of Dublin and the United Steelworkers of America have reached
agreement regarding wages, hours, terms, and conditions of employment for employees within
the Maintenance Worker, Sign Worker, Auto Mechanic, and Custodial Worker bargaining
unit; and
WHEREAS, Council has determined that the attached Agreement should be entered into by
the City Manager;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of
Ohio, IJ- of the elected members concurring:
Section 1. That the City Manager be, and hereby is, authorized to enter into the attached
Collective Bargaining Agreement with the United Steelworkers of America regarding wages,
hours, terms, and conditions of employment for employees within the Maintenance Worker,
Sign Worker, Auto Mechanic, and Custodial Worker bargaining unit.
Section 2. That, as referenced in Section 1.4 ofthe attached Agreement, said Agreement shall
supersede and replace all applicable state and local laws, which it has the authority to
- supersede and replace.
Section 3. That this Resolution shall be effective upon passage as provided under Section
4.04 (a) of the Revised Dublin Charter. I
Passed this 7..fh day ofS er. ,2004.
ATTEST:
~ C!.-~
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731,25 of the Ohio Revised Code.
Office of the City Manager
5200 Emerald Parkway. Dublin, OH 43017
Phone: 614-410-4400 . Fax: 614-410-4490 Memo
CITY OF DUBLIN
To: Members of Dublin City Council
From: Jane S. Brautigam, City Manager\...J""o...vv- S. 0~
Date: September 1, 2004
Initiated By: David L. Harding, Director of Human Resources ~
Re: Proposed Collective Bargaining Agreement between the City of Dublin and the United
Steelworkers of America (Maintenance Worker, Sign Worker, Auto Mechanics, and
Custodial Workers Bargaining Unit)
SUMMARY
Attached for your consideration, please find Resolution No. 34-04 authorizing the City Manager to enter into a
Collective Bargaining Agreement with the United Steelworkers of America regarding wages, hours, terms, and
conditions of employment for employees within the Maintenance Worker, Sign Worker, Auto Mechanic, and
Custodial Worker bargaining unit, a unit comprised of 80 employees. Also attached for your reference is a copy
of the proposed Agreement
The attached Agreement was negotiated over the course of two (2) months and the negotiation process was
characterized by a commitment on the part of both the Union and Management bargaining teams to understand
the other's needs and interests, Both teams worked very hard to find compromise and produce an Agreement that
is fair to both parties, Where economic increases were agreed to, such were supported by the comparables, both
internal to the organization as well as those in the external market The term of this Agreement is three (3) years.
The significant economic increases or changes associated with this new Agreement are summarized as follows:
Rates ofPav/Wa2:es (Article 23)
Maintenance Worker & Si2:n Worker Wa2:e Structure (2004)
Step 1 ($34,601.86) and Step 12 ($47,897,07) of the 2004 wage structure shown in Section 23.1 represent
a significant market adjustment. The wage comparables gathered by staff during the negotiation process
revealed that Dublin was considerably below the 80th percentile in the market at the bottom step
($32,038,76) and top step ($41,322,60) of the current wage structure, Although the market adjustment
from $32,038,76 to $34,601.86 at the bottom step of the wage structure is significant and will move
Dublin much closer to the 80th percentile at the beginning of the wage structure, it does not move Dublin
fully to the 80th percentile. However, the market adjustment from $41,332.60 to $47,897,07 at the top step
of the wage structure does move Dublin fully to the 80th percentile. This market adjustment at the bottom
and top of the Maintenance Worker and Sign Worker wage structure will place Dublin in a more
competitive position in the market and will improve our future ability to recruit for these positions,
Page 2
Auto Mechanic Wag:e Structure (2004)
Step 1 ($35,841.48) and Step 12 ($49,613.00) of the 2004 wage structure shown in Section 23.1 represent
a significant market adjustment. The comparables again reflected that Dublin was considerably below the
80th percentile in the market at the bottom step ($33,186,56) and top step ($42,803.00) of the current wage
structure, While the market adjustment from $33,186.56 to $35,841.48 at the bottom step and from
$42,803,00 to $49,613,00 at the top step of the wage structure is again significant and will again move
Dublin closer to the 80th percentile in the market, it does not move Dublin fully to the 80th percentile in
the market. However, as in the case of the Maintenance Worker and Sign Worker, this market adjustment
will make Dublin more competitive and will again help in future recruiting efforts.
Custodial Worker Wag:e Structure (2004)
Step 1 ($27,897.62) of the 2004 wage structure shown in Section 23.1 represents a moderate market
adjustment while Step 13 ($39,775,33) represents a significant market adjustment. Again, the wage
comparables showed that Dublin was below the 80th percentile in the market at both the bottom step
($26,824.63) and top step ($34,597.58) of the current wage structure, As in the case of the Auto
Mechanic, the market adjustment for Custodial Worker from $26,824,63 to $27,897.62 at the bottom step
and from $34,597.58 to $39,775.33 at the top step of the wage structure is significant and it will move
Dublin closer to the 80th percentile in the market, although it will not move Dublin fully to the 80th
percentile. However, it will once again make Dublin more competitive and will aid in future recruiting
efforts.
Annual Adjustment to Wag:e Structure (2005/2006)
The 2005 wage structure shown for each of the above job classifications shown in Section 23.1 is a 3%
increase over the 2004 wage structure and the 2006 wage structure is a 3% increase over the 2005 wage
structure. This 3% increase in the second and third years of the Agreement should help Dublin keep pace
with the market during the three-year term of the Agreement.
Step System
The wage structure for each of the above job classifications shown in Section 23.1 contains a multi-step
system with 3% between the steps. Each employee within the respective wage schedule will receive a
step increase on the employee's anniversary date of appointment.
Wag:e Impact
Staff has projected that the wage impact associated with the wage package for the above job
classifications will be approximately $573,148.00 over the 3 years of the Agreement. The above wage
package will become effective retroactively on July 15, 2004, The 2004 operating budget does not
currently contain sufficient funding for the wage impact for the remainder of 2004 and, therefore, an
appropriations amendment will be submitted to Council in the near future, in the amount of $35,000 to
cover this impact.
Long:evitv Pay
The longevity pay structure in Section 23.5 provides for an increase at each level in the longevity
schedule. The new longevity schedule provides for a $100 increase (from $550 to $650) at the 4-6 year
level; a $125 increase (from $725 to $850) at the 7-10 year level; a $200 increase (from $850 to $1,050)
at the 11-14 year level; a $200 increase (from $950 to $1,150) at the 15-19 year level; and a $250 increase
(from $1,025 to $1,275) at the 20 or more year leveL This new longevity schedule will be effective
retroactively on July 15, 2004. The longevity pay comparables gathered by Staff revealed that the current
longevity schedule was below market, particularly at the upper levels of the schedule. This new longevity
pay schedule is consistent with the longevity pay schedule within the Police Officer, Corporal and
Sergeant bargaining unit agreement and compensation plan for non-union personneL
Page 3
Instant Bonus Pro2ram
Section 23.6 is a new provision, which provides for an Instant Bonus Program. This program is identical
to the program recently adopted for all non-union personnel.
Shift Differential Pay
The shift differential pay provision contained in Section 23.8 reflects an increase in the hourly shift
differential supplement provided to employees working the hours which qualify for the shift differential
supplement. The hourly shift differential rate will be increased from the current level of $,70 per hour to
$.75 per hour in the third year of the Agreement.
Sick Leave (Article 26)
Sick Leave Conversion
Section 26,3 contains provisions not found in prior Agreements within this bargaining unit. Under prior
Agreements, Sick Leave could only be converted to cash upon the employee's layoff or qualified
retirement under PERS, after a minimum of 10 years of continuous service with the City. Benefit
comparables obtained from other communities in the Central Ohio area revealed that most entities offer a
much broader sick leave conversion program. Given the strength of the comparables in the Central Ohio
area, as well as similar provisions in place for all other City of Dublin union and non-union personnel, the
City and the Union compromised on a conversion option upon resignation and on an annual basis, Under
new Section 26.3 B, after 20 years of Service with the City of Dublin, an employee can convert his/her
sick leave at the rate of 1/3 up to a maximum of 500 hours, if he/she has a minimum of 1,280 hours of
sick leave in his/her bank at time of resignation, Under new Section 26,3 c., an employee can convert up
to 48 hours of his/her sick leave on an annual basis at the rate of 2 to 1, if he/she has not used more than
40 hours of sick leave during the year and has a minimum sick leave balance of 720 hours at the end of
the first pay period in December. These sick leave conversion provisions are consistent in concept with
the sick leave conversion provisions in place for all other union and non-union personnel.
Vacation Leave (Article 29)
Vacation Leave Accrual
The vacation accrual schedule in Section 29 A provides for a minor increase in the number of hours of
vacation leave an employee may accrue at the 11-15, 16-20 and 21 on more years of service levels. (The
accrual schedule for the 0-1,2-4, and 5-10 year levels remains unchanged.) The new schedule provides
for an increase of 2 hours (from 170 to 172) at the 11-15 years level, an increase of 6 hours (from 188 to
194) at the 16-20 years level and an increase of 8 hours (from 218 to 226) at 21 or more years, The
vacation comparables gathered by Staff indicated that the upper levels of the current vacation accrual
schedule were not as competitive as the lower levels.
Medical. Dental. Vision & Life Insurance (Article 33)
Medical Benefits
Section 33.1 contains the same plan design changes implemented previously for non-union personnel.
These plan design changes require greater cost sharing on the part of employees and include an
Emergency Room charge, higher Prescription Drug Co-Payments, a Co-Insurance differential for "in-
network" and "out-of-network" benefits (90/10 in-network, 80/20 out-of-network), and higher Out-of-
Pocket Maximums,
Page 4
Dental Benefits
Section 33.1 also provides for increased coverage levels in the dental plan. Under this section, the annual
maximum benefit for dental coverage is increased from $1,000 to $1,500, This new coverage level is
consistent with the coverage level in place for all other union and non-union personnel within the City,
Life Insurance
Section 33.3 provides for an increase in life insurance from a flat $50,000 for each employee to 1,5 times
the employee's annual base compensation, with a minimum coverage level of $50,000 and a maximum
coverage level of $150,000, This coverage is consistent with the coverage provided to non-union
personnel and employees within the Communications Technician bargaining unit.
Trainim! & Tuition Reimbursement (Article 34)
Tuition Reimbursement
Section 34.2 provides for a $250 increase in tuition reimbursement. Under Section 34.2 A, employees
would now be eligible to receive a maximum of $2,750 in reimbursement per calendar year, up from the
current $2,500 maximum. The new $2,750 reimbursement level is consistent with the reimbursement
level in place for all other union and non-union personnel. Section 34.2 also contains a new provision
regarding a payback obligation for early separation. Under Section 34 E., if an employee separates
service within the first year after receiving reimbursement, the employee must pay back 100% of the
reimbursement; if the employee separates service in the second year after reimbursement, the employee
must pay back 50%, This new provision is consistent with the payback provision in the Police Officer,
Corporal, and Sergeant bargaining unit agreement and the compensation plan for non-union personnel.
Trainin2 Assi2nments (Article 35)
Compensation
Under Section 35,1, an employee who is designated to serve in the capacity of trainer will receive two (2)
hours of compensatory time for every 8 hours spent in the trainer capacity. Under the current Agreement,
an employee received 1 hour of compensatory time for such time spent in this capacity. The new
compensation level is consistent with other union agreements within the City.
Emer2encv Overtime & "On-Call" (Article 36)
On-Call Pay
Section 36.8 provides for "on-call" pay in the amount of $1.05 per hour for those hours employees serve
in an "on-call" status outside of an employee's normally scheduled work hours, This is a new pay
provision for this bargaining unit and the on-call pay amount is consistent with the "on-call" pay
provision in the bargaining unit agreement for the Police Officers, Corporals, and Sergeants.
Provisions of Meals under Unusual. Emer2encv. or Special Conditions (Article 39)
Meal Allowance
Section 39.1 provides for an increase in the meal allowance from a maximum of $6.00 per meal to $8,50
per meal when employees are required to work under unusual, emergency, or special conditions. Such
conditions would normally include snow removal, traffic control for festivals and special events,
disasters, or other required City functions.
Page 5
Clothinl!. Eauipment. and Personal Property (Article 41)
Safety Shoe Reimbursement
Section 41.1 contains a $25 increase (from $115 to $140) in the reimbursement amount for steel-toed
safety shoes on a calendar year basis. This level of reimbursement is competitive with other Central Ohio
cities and the comparables gathered by staff support this level of reimbursement.
Prescription Safety Glasses
Section 41.2 is a new provision, which provides for prescription safety glasses for members of the
bargaining unit when the proper supporting documentation is provided by the employee and where the
employee is required to wear safety glasses in the performance of his/her duties. The City will provide
the glasses once during the three-year term ofthe Agreement, in an amount not to exceed $100,00.
Damal!ed Personal Property
Section 41.3 is also a new provision, This provision allows the employee to be reimbursed for eye
glasses, contact lenses, or watches which are damaged during work, in an amount not to exceed $75 per
calendar year. Similar provisions regarding reimbursement for damaged personal property are included in
the City's other Union Agreements.
Tool Replacement/Upl!rades (Article 42)
Amount
Section 42.1 contains an increase in the amount the City will pay for upgrades or replacements to each
Auto Mechanic on a calendar year basis. The amount of this increase is $250 (from $175 to $425). The
$425 amount for upgrades/replacements is competitive with the amounts provided by other communities
in the cQmparables.
RECOMMENDATION
Staff believes that the attached Collective Bargaining Agreement is fair to both parties; therefore, Staff
recommends that Council adopt Resolution No, 34-04 at the September 7,2004 Council Meeting.
/lew
Attachments
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF DUBLIN
AND
THE UNITED STEEL WORKERS OF AMERICA
CONTRACT PERIOD:
THREE YEARS FROM DATE OF EXECUTION OF CONTRACT
T ABLE OF CONTENTS
ARTICLE 1 - AGREEMENT.. .................... ....... ....., ,.. ,.......,.,..,..........,. ........ ,.. ,.............,... ......... ,I
Section 1.1 Agreement.........., ,....,.,..,...,......., .........,................,............ ............ ,............,.,..,.1
Section 1.2 Purpose.. ..,..........",......,....................,. ,.......... ...'........ ....." ..................."..,......,..1
Section 1.3 Severability....,......,...,.,.,. ......, .......,............ ........"..........,.. ,.....................,.........1
Section 1.4 Applicability,..,......................".... ,...".............,........,....... ......,......,.....,............ ,1
ARTICLE 2 - RECOGNITION.......,...."...........,..,....... ,..,....,.....", ,...,......,.......,......,............,..,....1
Section 2,1 Recognition......., ,.., ,.....,. ,..... .....,..,.........,......,....,............,.,.........,................,...1
Section 2,2 Bargaining Unit......."........"........ ..........,..,...........,....,........ ,..."...........,.. ,.......,.1
ARTICLE 3 - DUES CHECKO FF/F AIR SHARE......................,........,.................,.. ...,.........,...2
Section 3.1 Dues Check Off...........".......,......,............. ......"............... ........................,...,....2
Section 3 ,2 Fair Share.,..,......,....,...,............, ,......................,........... ....,...........,..............,..".3
Section 3.3 PAC Check Off....,......,............,.......,.,.,..............,... ,.........,..,.....,...........,.......".3
ARTICLE 4 - NO STRIKE/NO LOCKOUT ..,.....................................,..........................,..........4
Section 4.1 Employer Pledge... '..........,........... ..,..........,.,.......,..,...... ,....,..,..,...........,... .....,...4
Section 4.2 Union Pledge... ,......,..,....."...............,..,......,................. ..............,..........,'......... ,4
Section 4.3 Applicability of Grievance Procedure ..........,..........,...............,...............,......,.4
Section 4.4 Employers Right to Discipline.....,...........,............,.........,................,................4
Section ~.5 Union Responsibility., ,............,..,....' ,..,.,.... ......................,..................,...... ...,..4
ARTICLE 5 - NONDISCRIMINATION.......,. ,..........,...,.... .............. ,..,. ..,... ,..,..",............,.........4
Section 5.1 Joint Pledge............... ................,...........,........"..................... ......,.., ...,............ ,4
Section 5,2 Gender Reference....... .........'...,......".........,..........,....' ..,.. ....................."... ,......4
ARTICLE 6 - MANAGEMENT RIGHTS ...... ....... ,.. ...... ,.... ...,....... ........, ....................'.... ,.. ,......5
Section 6.1 Management Rights.......,.................................,...................,...........................5
AR TI CLE 7 - LABO R/MAN A GEMENT MEET IN GS .......................,..............,......................6
Section 7.1 Meetings... ,......... ...,.,........ .... ,..".... ,.................'...........,..,.. .......,..............,...,....6
ARTICLE 8 - BARGAINING UNIT BUSINESS ,....,.......................................................,.........7
Section 8.1 Unit Officials.......... ......... ............. ,.. ..... .................... ,................. ......,...,. ,.........7
Section 8.2 Negotiating Committee. .. ,..,.. ..................,.,......,....,....... ..... .........,..............,.,.... 7
Section 8.3 Bargaining Unit Leadership Training ..............................,................................7
ARTICLE 9 - GRIEVANCE PROCEDURE .............,................................................,............,..8
Section 9.1 Definition/Jurisdiction... ...... ......,. ,............. ............ ................ ,.......... ,.. .............8
Section 9.2 Qualifications.........."............,.........,..",........,."......................................,......,.. 8
Section 9.3 Timeliness.......... ......... .........,.,...... ,.............. ............,...... .......,.,.....,.... ..............8
Section 9.4 Grievance Form ............ ......... ...., ...... ......... ......... ........... ,............... ...................8
Section 9.5 Grievance Procedure........................................................,......................,.....,...9
Section 9.6 Working Days ....... ........... ............ ,.. ......... ....... ........"......., ,....... ............. .... .....10
ARTICLE 10 - WORK RULES."..." ........ ,..,... ,..,.."... ...,.., .... ...,... ,.....,..,.........................,......"..10
Section 1 0.1 Work Rules..,....,............,.".,.",..".."............ .......,.,.,.................,.....",......,...10
ARTICLE 11 - POLITICAL ACTIVITY..,................... ,......,.............. .......,..,.,.....,.............. ..., .11
Section 11.1 Political Activity ...,.................,........................,..........,.....,......,................,..11
ARTICLE 12 _ PROBATIONARY PERIOD........ .......... ...............................,........... .............. .11
Section 12,1 New Hires. ........,..., ,..,..,....'...,..............,.......,...........,............",....."..,... ,..", .11
Section 12.2 Promotions...................,..",..,...,.............. ,...,.....,., ...,.............. ..,....,. ... ......,.. 11
Section 12.3 Lateral Transfers...............,. ,..,.......,.,..............",.... ...,...,............................. ,12
ARTICLE 13 - EMPLOYEE ASSISTANCE PROGRAM ......,..,.............,.............................,12
Section 13,1 Employee Assistance........, ,..,..,.., ,.....................,.,....,..............,......... ,.,.. ,.., ,12
Section 13,2 Coverage Terms and Conditions,........................,......,........,.....,................,.12
Section 13.3 Other Terms and Conditions..........., .....,..... ,.....................',..'......,...,.... ...... .12
ARTICLE 14 - DRUG FREE WORKPLACE.....,...... ,.. ............... ,.... .........,.. .......... ,......... .......13
Section 14,1 Purpose... .......,............ .....................,... ....... ........., ........ ,...............,..... ,...,.... ,13
Section 14,2 Policy.,....,...................., ,..........,....,.................,..................... ,...'..',...".....,., ,14
Section 14,3 Drug-Free Awareness & Employee Assistance......................,....,....,.......... 15
Section 14.4 Supervisory Training ,..,................,...............,...........................................,..15
Section 14.5 Non-Supervisor Training..................,..........................,.................,............ .16
Section 14.6 Criminal Convictions & Notification Requirement.. ....,.......' ............ ......... ..16
ARTICLE 15 - CONSUMPTION OF ALCOHOL...,..................,..,..,...........,..............,...........16
Section 15.1 Purpose.., ........ ......., ...,..............,....' ,............ ..... ,... .....',... ..,.....,....,...... ......,.. ,16
Section 15.2 Policy... ,......... ...........,..,..............,.......... .................. ,.,.,..,........,..............,... .16
Section 15.3 Alcohol Awareness & Employee Assistance.....................................,........, 17
Section 15.4 Supervisory Training ..........,...................,........,......,......,.....................,......17
ARTICLE 16 - EMPLOYEE DRUG & ALCOHOL TESTING PROGRAM..................,.... I 8
Section 16.1 Purpose of Testing ............,.......................................,.........,..,......,..............18
Section 16.2 Terms and Conditions of Testing........,......................................,..........,.... ..18
Section 16.3 Drug and Alcohol Testing Procedures. .................,.........................,..,....... ..19
Section 16.4 Referral To Employee Assistance Program................................,................20
ARTICLE 17 - USE OF PRESCRIPTION & "OVER-THE-COUNTER" MEDICATION
Section 17.1 Purpose. ........... ..... ,......... ,.................... ........ ,......... ........... .......,.............. ......21
Section 17.2 General Terms & Conditions ,.............................................,..,..,..................2 I
Section 17.3 Failure to Notify Supervisor ....,...................................................................21
ARTICLE 18 - LAYOFFS. ............."......... ................... .......... ....................,............ ................ ,..22
Section 18.1 Layoffs........ ,.....,.,...... ,........,............ ............., ......... ............. ... ....,.... ......... ...22
Section 18,2 Call-back ........... ,...,...,..,..... .... ,... ............ ..... ..... ..................... ........... ......... ...22
ARTICLE 19 - MISCELLANEOUS...................... .... ..... ..... ..... ......... ..... ..... .................. ........... .22
Section 19.1 Agreement Copies........................................ ......................................... ...... ..22
Section 19.2 Bulletin Boards.......................................................................................... ...23
ARTICLE 20 - SENIORITy............................................................................................... ...... ..23
Section 20.1 Seniority...................................................................................................... .23
Section 20.2 Application of Seniority - Leave Requests ...................................................23
Section 20.3 Application of Seniority - Shift Vacancy & Position Vacancy ...................24
Section 20.4 Application of Seniority - Overtime Assignments........................................24
ARTICLE 21 - DISCIPLINE.................................................................................................... ..25
Section 21.1 Discipline For Cause.....................................................................................25
Section 21.2 Progressive Discipline..................................................... ....... .................... ..25
Section 21.3 Pre-Disciplinary Conference....................................................................... ..25
Section 21.4 Disciplinary Action Imposed ...................................................................... 25
Section 21.5 Copy of Disci pline Record.......................................................................... ..26
Section 21.6 Appeal.......................................................................................................... .26
ARTICLE 22 - PERSONNEL RECORDS...................... ........ .......................... ............. ....... ....26
S ecti 0 n 22. 1 P erso nn elF il e. . . .. . . . . . .. . . . .. . . .. . . . . . .. . . . . .. . . . . .. . .. . . .. .. . . . .. . . .. .. .. .. . . .. .. .. .. . . . . . . .. . . .. .. .. .. . . .26
Section 22.2 Retention of Records................................................................ ................... .26
Section 22.3 Inaccurate Documents......................................................................... ........ .27
ARTICLE 23 - RATES OF PAY!\V AGES...................... ..... ................................................. ....27
Section 23.1 Wage Structure............ ..........................................................................~.. ...27
Section 23.2 Appointment and Advanced Step Hiring.....................................................31
Section 23.3 Step Advancement. . . . . .. . .. . . .. . . .. . . . . . . . .. . . .. .. . . .. .. . .. .. . .. .. .. . . .. .. .. . .. . .. .. .. . . . . . .. .. .. .. .. .3 1
Section 23.4 Application of Pay Rates ............................ ................. ................. ............. ..32
Section 23.5 Longevity Pay.. .................... ........................................................... ............ .32
Section 23.6 Instant Bonus Program. ..................................... ............... ................ ...........33
Section 23.7 Temporary Work Assignment/Pay Supplement ..........................................32
Section 23.8 Shift Differential...................................... ..................... .............. .......... ...... .33
ARTICLE 24 - HOLIDAyS............................................................... ............. ......................... ...34
Section 24.1 Paid Holidays............................................ .......... ......................... .......... ..... .34
Section 24.2 Dates/Days Observed.......................................................................... ...... ...34
Section 24.3 Holiday Pay................................................. .............................................. ...35
ARTICLE 25 - PERSONAL LEA VE ........................................................................................35
Section 25.1 Allocation & Usage of Leave ......................................................................35
Section 25.2 Payment for Unused Personal Leave, Layoff or Death ...............................35
ARTICLE 26 - SICK LEA VE ............. ................................... ................................................... .36
Section 26.1 Sick Leave Accrual......................................................................................36
Section 26.2 Use of Sick Leave ........................................................................................36
Section 26.3 Conversion of Sick Leave. ...........................................................................37
Section 26.4 Sick Leave Transfer from Prior Public Employer .......................................38
ARTICLE 27 - HOURS OF WORK AND OVERTIME .........................................................39
Section 27.1 Workweek.................................................................................................. ..39
Section 27.2 Overtime................................. ..... ............... ................................................ .39
Section 27.3 Seventh Consecutive Day of Work................ ...................... ....................... .39
Section 27.4 Call In Pay/Show-Up Pay ............................................................................39
Section 27.5 Compensatory Time......................... ........... ................................................ .39
Section 27.6 Payment For Accrued Compensatory Time Upon Separation.....................39
Section 27.7 Use of Compensatory Time...................................................................... ...40
ARTICLE 28 - REINSTATEMENT FROM CERTAIN PERSONNEL ACTIONS ............40
Section 28.1 Reinstatement from Resignation................................................................ ..40
Section 28.2 Reinstatement from Military Service... ...... ........ ........................... ...... .........40
Section 28.3 Reinstatement from Authorized Leave ........................................................40
ARTICLE 29 - V ACA TION LEA VE ........................................................................................40
Section 29.1 Vacation Y ear ..............................................................................................40
Section 29.2 Conditions for Accrual..... ............................................................................40
Section 29.3 Prior Public Service Credit .........................................................................41
Section 29.4 Vacation Accrual Schedule..........................................................................41
Section 29.5 Vacation Carry-Over.................... .......................... .................................... ..41
Section 29.6 Vacation Scheduling............... .....................................................................41
Section 29.7 Rates of Pay for Vacation Hours ................... ..... ......... ...................... ........ ..42
Section 29.8 Payment for Accrued Vacation Leave Upon Resignation/Separation and
Death........................... ................,............................................................... .42
ARTICLE 30 - INJURY LEA VE ...............................................................................................42
Section 30.1 Injury Leave with Pay ..................................................................................42
ARTICLE 31 - SPECIAL LEAVES...... ....................................... ............................................ ..43
Section 31.1 Leave Without Pay.......................................................................................43
Section 31.2 Leave \vith Pay.............................................................................................44
ARTICLE 32 - LEAVE DONATION PROGRAM ..................................................................46
Section 32.1 Purpose........ ............................................................................................... .46
Section 32.2 Definitions.................................................................................................... 46
Section 32.3 Program Regulations........................ ................................... ........................46
ARTICLE 33 - MEDICAL, DENTAL, VISION & LIFE INSURANCE ...............................50
Section 33.1 Medical, Dental, & Vision Benefits.............................................................50
Section 33.2 Change in Carriers...................................................................................... .52
Section 33.3 Life Insurance............................................................................................. .52
ARTICLE 34 - TRAINING AND TUITION REIMBURSEMENT .......................................53
Section 34.1 Training.......................................... ....................................................... ...... .53
Section 34.2 Tuition Reimbursement............................................................................... 54
ARTICLE 35 - TRAINING ASSIGNMENTS .... ............. ....................... ..................... .............55
Section 35.1 Compensation ..... ............... ........ .............. .......... ........................................ .55
ARTICLE 36 - EMERGENCY OVERTIME & "ON-CALL" ...............................................55
Section 36.1 Emergency Overtime Assignments............. ..................................................55
Section 36.2 "On-Call" - Posting and Sign-Up..................................................................56
Section 36.3 "On-Call" - Communications ....................................................................... 56
Section 36.4 "On-Call" - Notification............................................................................... .56
Section 36.5 "On-Call" - Response.. ................................................................................ ..56
Section 36.6 "On-Call" - Inability to Perform .. .................... ............................................ 56
Section 36.7 "On-Call" - Fit for Duty............................................................................... .57
Section 36.8 "On-Call" - Pay. ........ ............. ........................................................... ........... .57
ARTICLE 37 - EMPLOYEE INCENTIVE PROGRAMS/DISCOUNTS..............................57
Section 37.1 Employee Incentive Programs ......................................................................57
Section 37.2 Employee Discounts.. .................. ............... ..................................................57
ARTICLE 38 - TRA VEL/MILEAGE REIMBURSEMENT...................................................57
Section 38.1 Reimbursement.......... ......... ......................................................................... .57
ARTICLE 39 - PROVISION OF MEALS UNDER
UNUSUAL, EMERGENCY OR SPECIAL CONDITIONS..........................58
Section 39.1 Provision of Meals..... ............ ....................................................... ............... .58
ARTICLE 40 - REQUIRED LICENSES, REGISTRATIONS, OR CERTIFICATIONS ...58
Section 40:1 Required Licenses, Registrations, or Certifications......................................58
ARTICLE 41 - CLOTHING, EQUIPMENT, AND PERSONAL PROPERTY....................58
Section 41.1 Shoe Reimbursement ...................................................................................58
Section 41.2 Prescription Safety Glasses......................................................................... .59
Section 41.3 Damaged Personal Property.........................................................................59
ARTICLE 42 - TOOL/REPLACEMENT/UPGRADES ......... ......... ......... ......... .......... .......... ..59
Section 42.l Amount......... ...... .................. .......... ...... ..................... ..................... ........... ..59
ARTICLE 43 - DURATION.... ................ .................. .............. ......... ......................................... .60
Section 43.1 Duration............. .......... ..... .................... ..... ..................... ............. ..... .......... .60
Secti on 43.2 Signatures..................................................................................................... 60
ARTICLE 1
AGREEMENT
Section 1.1 Agreement. This Agreement is made and entered into at Dublin, Ohio by and
between the City of Dublin, as Employer, also referred to as "Employer", and the United
Steelworkers of America, also referred to as the "Union". Unless otherwise specified in this
Agreement, no changes in this Agreement shall be negotiated during its duration unless there is
written accord to do so by and between the parties. Any negotiated changes, to be effective and
incorporated in this Agreement, must be in writing and signed by the parties.
Section 1.2 Purpose. The purpose of the Agreement is to set forth all covenants between the
parties regarding the wages, hours, terms and conditions of employment for those employees
included in the bargaining unit identified herein.
Section 1.3 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 shall be of no further force and effect, but such
invalidation of such point or provision shall not invalidate the remaining portions hereof and they
shall remain in full force and effect. In the event of invalidation, and upon written request by
either party, the parties to this Agreement shall meet within forty-five (45) days of receipt of the
written request, in an attempt to modify the invalidated provisions by good faith negotiations.
Section 1.4 Applicability. This Agreement, when executed, shall supersede and replace all
applicable state and local laws which it has authority to supersede and replace. Where this
Agreement is silent, the provisions of applicable law, regulation, or policy shall prevail.
ARTICLE 2
RECOGNITION
Section 2.1 Recognition. The Employer recognizes the Union as the sole and exclusive
representative for all employees included in the bargaining unit described herein in any and all
matters relating to wages, hours, terms and conditions of employment, and the continuation,
modification, or deletion of an existing provision of this Agreement and for the administration of
this Agreement.
Section 2.2 Bargaining Unit. There shall exist in the City of Dublin a bargaining unit
consisting of:
All regular full-time employees within the Maintenance Worker (including those
physically located within the Division of Engineering), Sign Worker (including those
physically located within the Division of Engineering), Automotive Service Work
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Automotive Mechanic I, and Custodial Worker classifications within the Division of Streets &
Utilities, Division of Grounds & Facilities.
The following employees are excluded from the bargaining unit:
All Maintenance Crew Leaders, Automotive Mechanics II, Maintenance Supervisors, and
all other managerial, supervisory, seasonal, casual, confidential, and professional
employees as defined in the Ohio Collective Bargaining Act.
References throughout this Agreement to bargaining unit members shall mean employees within
this bargaining unit.
ARTICLE 3
DUES CHECKOFF/FAIR SHARE
Section 3.1 Dues Check Off.
A. The Employer agrees to deduct Union membership dues, initiation fees, and/or
assessments in the amount specified by the International Union from the pay of
those employees who individually request in writing that such deductions be
made. Upon receipt of the proper authorization, the Employer will deduct dues
from the next payroll check following receipt of the authorization card. Dues
shall be deducted from each payroll period, and the total amount of deductions
shall be remitted each month by the Employer to the International Secretary-
Treasurer of the Union at the address which he authorizes for that purpose.
B. The authorization card may be submitted at any time and shall continue in effect
until the annual anniversary date of this Agreement. An employee may cancel
Union membership at any time, however, the revocation of the dues deduction
authorization may only be canceled between the 40th and 30th calendar days prior
to each annual annIversary date of this Agreement. Dues deductions
authorizations not revoked during this ten (10) day period shall continue in effect
for successive Agreement year(s). Written notice of the dues deduction
revocation shall be served upon the Employer and the Union by the employee.
C. The parties agree that neither the employees or the Union shall have a claim
against the Employer for errors in the processing of deductions, unless a claim of
error is made to the Employer in writing within thirty (30) days after such error is
claimed to have occurred or was known to have occurred. If it is found that an
error was made, it will be corrected in the following dues deduction.
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D. The Union hereby agrees that it will indemnify and hold the Employer harmless
from any claims, actions, or proceedings by an employee arising from deductions
made by the Employer pursuant to this Article. Once the funds are remitted to the
International Secretary-Treasurer of the Union, their disposition thereafter shall be
the sole and exclusive obligation and responsibility of the Union.
Section 3.2 Fair Share. Any employee who is not a member of the Union shall, as a condition
of employment, pay a monthly service charge (Fair Share) not to exceed the dues paid by a
member to the Union.
All employees who do not become members in good standing of the Union shall, as a condition
of employment, pay a fair share fee to the Union effective sixty (60) days from the employee's
date of hire or sixty (60) days from the effective date of this Agreement.
The fair share fee amount shall be certified to the Employer by the Secretary-Treasurer of the
Union. Payment by the Employer of the amount certified to the Employer by the Secretary-
Treasurer of the Union shall indemnify the Employer from liability alleged as a result of
wrongful, incorrect, improper or otherwise erroneous payments made or required to be made by
or under the terms of this Agreement. Payment to the Union of fair share fees shall be made in
accordance with the regular dues deduction.
The Union has an internal procedure to determine a rebate, if any, for non-members which
conforms to federal law. The rebate procedure provides for a rebate of expenditures in support
of partisan politics or ideological causes not germane to the work of employee organizations in
the realm of collective bargaining. Any non-member must make a timely request of the Union
for this rebate. Absent arbitrary and capricious action, such determination is conclusive on the
parties except that a challenge to such deteImination may be filed with the State Employment
Relations Board within thirty (30) days of the determination and the State Employment Relations
Board shall review the rebate determination and decide whether it was arbitrary or capricious.
The deduction of the fair share fee from any earnings of the employee shall be automatic and
does not require written authorization for payroll deduction.
Section 3.3 PAC Check Off. The Employer agrees to deduct voluntary contributions to the
Steelworkers PAC fund from employees pay in an amount designated by that employee on the
fonn provided by the Union for the purpose of such voluntary check off. The Employer will be
given the signed authorization forms prior to any such deductions being made. The total amount
of deductions shall be remitted monthly to the International Union at the address authorized for
that purpose.
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ARTICLE 4
NO STRIKE/NO LOCKOUT
Section 4.1 Emplover Pledge. The Employer agrees not to cause, permit, or engage in any
lockout of its employees during the term of this Agreement.
Section 4.2 Union Pledge. The Union agrees that neither it, its agents, representatives, nor any
of its members or any employees covered by this Agreement, individually or collectively during
the term of this Agreement, shall for any reason, cause, permit, or engage in picketing, a sit
down, a strike, a boycott, a stand in, a slow down, a work stoppage, curtailment or restriction of
production or interference or interruption of work or other interference with the Employer's
business or operation, including but not limited to a general strike, a sympathy strike, a slow
down or other interference or interruption of work ofthe employer's business or operation.
Section 4.3 Applicability of Grievance Procedure. The Employer and Union agree that the
Grievance Procedure of this Agreement is adequate to provide a fair and final determination of
all grievances, arising under the terms of this Agreement. It is the desire of the Union and the
Employer to avoid strikes and work stoppages and any and all other conduct set forth above in
Section 4.2 of this Article.
Section 4.4 Emplover's Right to Discipline. In the event that any employee or group of
employees engages in any of the conduct described above in Section 4.2 during the term of this
Agreement, the Employer has the exclusive right to discipline, up to and including discharge,
any employee who engages or participates in such activities.
Section 4.5 Union Responsibilitv. The Union and its officers, agents, and members shall not
authorize, condone, ratify, permit, sanction or acquiesce in any of the activities described above
in Section 4.2 of this Article and, should any such activities occur, the Union, by its officers,
agents, and members, shall be obligated to take affirmative steps to tenninate such activities
including but not limited to promptly ordering its members to resume their normal work duties,
notwithstanding the existence of any picket line. Should the employer experience any economic
loss as a consequence of any Union representative or member engaging in any activity prohibited
in Section 4.2 of this Article, the Union shall indemnify the City of Dublin for its economic loss.
ARTICLE 5
NONDISCRIMINA TION
Section 5.1 Joint Pledge. The provisions of this Agreement shall be applied equally to all
employees without regard to age, sex, race, color, religion, political affiliation, disability or
national origin.
Section 5.2 Gender Reference. All reference to employees in the Agreement designate both
sexes, and whenever the male gender is used, it shall be construed to include male and female
employees.
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ARTICLE 6
MANAGEMENT RIGHTS
Section 6.1 Management Rights. To assure that the City (Employer) continues to perform its
legal duties to the public and to maintain efficient and responsive service for and protection to
the citizens of the City of Dublin, the City retains the right to determine Departmental,
Divisional, and City policies and procedures to manage the affairs of the City in all respects.
References to Departments or Divisions refer to the entities within the City employing
employees in the bargaining unit covered by this Agreement. Except where otherwise
specifically limited by this Agreement, the City retains the right and responsibility to:
~ 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.
~ 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.
~ 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.
~ Determine, change, maintain, reduce, alter, or abolish the technology, equipment,
tools, processes, or materials the City's employees shall use.
~ Determine job descriptions, procedures, and standards for recruiting, selecting,
hiring, training, and promoting employees.
~ 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.
~ 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.
~ Hire, evaluate, promote, retain, transfer (permanently or temporarily), assign
permanently or temporarily) employees.
~ Discharge, remove, demote, reduce, suspend, reprimand, or otherwise discipline
employees for cause.
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~ Lay-off employees, because of lack of work or funds or under circumstances
where continued work would not be cost efficient, reasonable or effective.
~ 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.
~ Maintain and improve the efficiency and effectiveness of the City's operations.
~ Determine the overall methods, processes, means, or personnel by which the
City's operations are to be conducted.
~ Determine the adequacy of the work force.
~ Determine the overall mission of the City.
~ Effectively manage the work force.
~ Take actions to carry out the mission of the City.
The rights and powers of the City (Employer) contained in this Article do not list or limit all
powers, and the rights listed together with all other rights, powers, and prerogatives of the City,
not specifically limited in this Agreement, remain vested exclusively in the City.
ARTICLE 7
LABOR/MANAGEMENT MEETINGS
Section 7.1 Meetings. In the interest of sound labor/management relations, upon request of
either party, at a mutually agreeable date and time, not more than seven (7) representatives of the
Employer shall meet with not more than seven (7) representatives of the bargaining unit to
discuss pending issues and/or problems and to promote a more harmonious labor/management
relationship.
An agenda will be exchanged by the parties at least five (5) working days in advance of the
scheduled meeting with a list of matters to be taken up in the meeting and the names of those
representatives from each side who will be attending. All matters on the agenda requested by the
parties to be discussed, will be discussed. The purpose of such meeting shall be to:
~ discuss the administration of this Contract;
6
~ discuss grievances which have been processed beyond the final Step of the
Grievance Procedure, when such discussions are mutually agreed to by the
parties;
~ disseminate general information of interest to the parties;
~ consider and discuss health and safety matters relating to employees; and
~ discuss any other items the parties mutually agree to discuss.
ARTICLE 8
BARGAINING UNIT BUSINESS
Section 8.1 Unit Officials. The bargaining unit is authorized to select five (5) Unit Grievers and
one (1) Unit Chairperson to conduct bargaining unit business. One Unit Griever shall serve
employees in each of the following areas: facilities, grounds, custodial, streets/utilities/
automotive. The Unit Grievers and Unit Chairperson, upon giving reasonable advanced notice,
and upon receiving authorization from the Director of Grounds & Facilities or the Director of
Streets & Utilities (whichever is applicable), shall be allowed reasonable time off during regular
working hours, not to exceed 12 hours per month, to investigate a grievance, consult with the
Employer in addressing labor/ management issues or in processing a grievance, or to assist in the
settlement of a dispute. The applicable Division Head may authorize additional time if the
Union presents proper justification supporting the need for such time. Permission to perform
these functions shall not be unreasonably denied.
Section 8.2 Negotiating Committee. On days where collective bargaining negotiations between
the Union and the Employer actually take place, not more than four (4) duly elected
representatives from the bargaining unit will be released from their regular job functions to
attend such negotiation sessions, provided, however, that such attendance does not take any shift
below minimum staffing levels (as determined by the Director of Service) nor creates an
overtime obligation to the City. The Union will notify the Employer of the names of the
representatives who will be serving on the negotiation team prior to the first negotiation meeting.
Members of the Union negotiation team, as reported by the Union to the Employer, shall each
receive 16 hours per month of release time with pay to attend private work sessions of the Union
negotiation team, beginning no earlier than 4 months prior to the expiration of the existing
Agreement. No overtime obligation shall be incurred by the City as a result of any bargaining
unit member attending work sessions or any other sessions related to negotiations.
Section 8.3 Bargaining Unit Leadership Training. Each Unit Griever and the Unit
Chairperson shall receive 5 days of release time with pay per year to attend special leadership
training sponsored by the Union. Furthermore, each Unit Griever and the Unit Chairperson shall
also be allowed an additional 5 days of unpaid leave per year, with no loss in seniority, for the
same purpose. The Unit Grievers and Unit Chairperson shall give their supervisors reasonable
advanced notice when attending such training.
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ARTICLE 9
GRIEVANCE PROCEDURE
Section 9.1 Definition/Jurisdiction. The term "grievance" shall mean an allegation by the
Union that there has been a breach, misinterpretation, or improper application of this Agreement.
The grievance procedure shall not be used to affect changes in the Articles of this Agreement nor
those matters not covered by the Agreement. The grievance procedure shall be the sole and
exclusive remedy for resolving disputes between the parties. Grievances pertaining to
suspension, removal, or termination shall automatically commence at Step 3 of the Grievance
Procedure, and are subject to Step 4, Arbitration. The only recourse for a suspension or
termination is through the Grievance Procedure; no recourse shall be pursued through any other
administrative procedure or board of review.
Section 9.2 Qualifications. If the designated employer representative fails to answer a
grievance or set or hold a meeting within the time limits prescribed by this Article, the grievance
shall automatically move to the next step except that the Union must serve an appeal to
arbitration within the time limits prescribed in Section 9.5, even if no response or answer from
the Employer is forthcoming. If the Union fails to appeal or submit a grievance to the next step
within the time limits prescribed herein, it shall be deemed denied and not further appealable.
The time limits set forth in this Agreement may be extended by mutual written agreement of the
Parties.
A grievance may be brought by any employee (with the Union's consent) covered by this
Agreement with the appropriate Unit Griever. Where a group of bargaining unit employees
desires to file a grievance involving an incident affecting several employees in the same matter,
one employee shall be selected by the group to process the grievance with the appropriate Unit
Griever. Each employee to be included in such grievance shall be named in the grievance.
Any grievance that originates from a level above the first step of the grievance procedure may be
submitted directly to the step or level from which it originates by mutual agreement of the
Parties.
Section 9.3 Timeliness. All grievances must be initially timely filed by the Union pursuant to
the time limits set forth in Section 9.5, Step 1. Failure to file a grievance in a timely fashion will
result in its denial and will bar the grievance from being processed further through the procedure.
The Union may withdraw a grievance at any point by submitting in writing a statement to that
effect, or by permitting the time requirements at any step to lapse without further appeal.
Section 9.4 Grievance Form. All grievances shall contain the following information and will
be filed using the grievance form mutually agreed upon by both parties:
~ the aggrieved employee's name and signature;
~ the aggrieved employee's classification;
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~ date grievance was filed in writing;
~ date, time, and location where the incident or action upon which the grievance is
based occurred;
~ a description of the incident or action giving rise to the grievance;
~ articles and sections of the Agreement violated;
~ desired remedy to resolve the grievance.
Amendments to a grievance shall not be made, other than by mutual agreement of the Parties
once a request for Arbitration has been submitted.
Section 9.5 Grievance Procedure. It is the mutual desire of the Employer and the Union to
provide for prompt adjustment of grievances, with a minimum amount of interruption of the
work schedule. The Employer and the Union agree to make a reasonable effort to effect the
resolution of grievances at the earliest step possible. In furtherance of this objective, the
following procedure shall be followed:
Step 1 - Division Head. In order for an alleged grievance to receive consideration under this
procedure, the grievant, either alone or with the appropriate Unit Griever, if the former desires,
or the Union in cases of policy or class action grievances, must identify, in writing, signed by the
grievant and/or the Unit Griever, the alleged grievance to the affected employee's Division Head
within ten (l0) working days after the employee or the Union gains knowledge of the occurrence
or facts that gave rise to the grievance. The grievance shall identify the particular Articles and
Sections of the Agreement that were alleged to have been violated. The Division Head shall
investigate and provide an appropriate answer in writing within ten (10) working days following
the date on which the Division Head was presented the written grievance. If the grievance
involves the employee's Division Head, the grievance may be filed directly at Step Two of the
grievance procedure.
Step 2 - Department Head. If the grievance is not resolved at Step 1, the grievance may be
forwarded to the employee's Department Head within five (5) working days of receipt of the
Step 1 answer. The Department Head shall have seven (7) working days in which to schedule a
Step 2 grievance meeting with the aggrieved employee and his Unit Griever and Unit
Chairperson. The Department Head shall investigate and respond in writing to the grievance
within seven (7) working days following the meeting.
Step 3 - City Manager or Designee. If the grievance is not resolved at Step 2, the appropriate
Unit Representative may forward the grievance to the City Manager or his designee within seven
(7) working days after receiving the Step 2 answer. The City Manager or his designee shall have
ten (l0) working days in which to schedule a meeting with the aggrieved employee, the Unit
Griever, the Unit Chairperson, and a USW A representative. The City Manager or his designee
shall investigate and respond in writing to the grievance within ten (10) working days following
the Step 3 meeting.
9
Step 4 - Arbitration. If the grievance is not satisfactorily resolved at Step 3, the Union may
make a written request that the grievance be submitted to arbitration. A request for arbitration by
the Union must be submitted within thirty (30) calendar days following the date the grievance
was answered or should have been answered at Step 3 of the grievance procedure. In the event
that the grievance is not forwarded to arbitration by the Union within the time limits prescribed,
the grievance shall be considered resolved and shall proceed no further. The Union shall request
a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service
(FMCS) and shall submit a copy of such request to the Employer. Upon receipt of the list of
seven (7) arbitrators, the Parties shall select an arbitrator. If the Parties are unable to mutually
agree on an arbitrator, an arbitrator will be selected by the Parties by alternative strike with the
Parties right to strike the first name being determined by a flip of the coin.
The arbitrator shall hold the arbitration hearing promptly and issue his decision within thirty (30)
calendar days after the closing of the record, unless mutually agreed otherwise by the Parties.
The arbitrator shall limit his decision strictly to the interpretation, application, or enforcement of
those specific articles and/or section of this Agreement in question. The arbitrator shall not have
the authority to add to, subtract from, modify, change, or alter any provision of this Agreement,
nor add to or subtract from or modify the language contained therein in rendering an award
within the Arbitrator's jurisdictional limitations. The award of the arbitrator will be final and
binding upon both Parties.
The arbitrator's award and the arbitration proceedings identified in this Article are subject to the
relevant provisions of Chapter 2711 of the Ohio Revised Code.
Both the Union and the Employer shall share equally in the cost of the Arbitrator's fee.
Expenses of any witnesses shall be borne, if any, by the Party calling the witnesses. The fees of
any court reporters shall be paid by the Party asking for same; such fees shall be split equally if
both Parties desire a court reporter's recording of the proceedings. If a grievance is settled prior
to a scheduled arbitration hearing, the Parties shall split the cost of any cancellation fees.
An employee, Unit Griever, or Union officer requested to appear at the arbitration hearing by
either Party, whose presence is necessary, shall attend without the necessity of a subpoena.
Section 9.6 Working Davs. For the purposes of this Article, working days shall typically be
defined as Monday through Friday and shall exclude Saturday, Sunday, and recognized holidays,
except when a particular employee is regularly scheduled to work on days other than Monday
through Friday. Working days also mean the working days ofthe Party who is responsible for
initiating action or responding to a grievance at the appropriate step in the Grievance Procedure.
ARTICLE 10
WORK RULES
Section 10.1 Work Rules. The Employer agrees that, to the extent reasonable, work rules, and
any changes thereto, shall be reduced to writing and provided to all employees in advance of
their enforcement. Any charge by an employee that a work rule or Departmental/Divisional
directive is in violation of this Agreement or has not been applied or interpreted uniformly to all
employees, shall be a proper subject for a grievance.
10
ARTICLE 11
POLITICAL ACTIVITY
Section 11.1 Political Activity. In addition to other rights, as permissible by law:
A. An employee is permitted outside the City of Dublin to actively participate in partisan
political activity, provided that an employee undertakes such activity while off-duty, not in
identifiable uniform, and does not represent that such activity is either undertaken in his
official capacity as an employee or the Employer or is sanctioned by the Employer.
B. An employee is permitted within the City of Dublin to exercise his/her rights as a citizen to
express his/her personal opinions and to cast his/her vote. However, an employee shall not:
1. orally or in writing solicit or in any manner be concerned with soliciting any assessment,
subscription or contribution of any type for any political party or political purpose
whatsoever from any person holding a position in the service of the Employer;
2. make any contribution to the campaign funds of any candidate for a City of Dublin
elective office for the actual or apparent purpose of influencing said persons or receiving
favors of any nature from said persons; and,
3. become actively involved in the elective process or campaigns for any City of Dublin
elective office.
ARTICLE 12
PROBATIONARY PERIOD
Section 12.1 New Hires. Every newly hired employee shall be required to successfully
complete a probationary period, which shall begin on the employee's effective date of
appointment with the Employer and shall continue for a period of 95 calendar days. A
probationary employee shall be retained beyond the end of the probationary period and granted
regular status only if the performance of the employee, in the sole discretion of the City
Manager, has been found to be satisfactory. A probationary employee may be disciplined or
terminated any time during his probationary period and shall have no recourse through the
Grievance Procedure contained within this Agreement. Under certain circumstances, the
probationary period of an employee may be extended, but only for valid reasons, only upon
approval of the City Manager, and then only for a maximum of 65 calendar days. If the
probationary employee's probationary period should indeed be extended, and the employee is
subsequently disciplined or terminated, the probationary employee shall have no recourse
through the Grievance Procedure.
12.2 Promotions. Should an employee be promoted to a different job classification within the
bargaining unit, with a higher pay range, the employee shall serve a 30 day probationary period.
Under certain circumstances, the probationary period may be extended, but only for valid
reasons, only upon the approval of the City Manager, and then only for a maximum of 65
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calendar days. Should the employee be disciplined or deemed unsuitable for that position by the
City during the initial 30 day probationary period, for performance reasons, the employee will be
returned to a position in the classification he/she occupied prior to the promotion.
12.3 Lateral Transfers. Should an employee be transferred to a position within a different job
classification, with the same pay range, the employee shall not be required to serve in any
probationary period.
ARTICLE 13
EMPLOYEE ASSISTANCE PROGRAM
Section 13.1 Employee Assistance. The Employer and the Union recognize that a wide 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
di ffi cui ties/pro blems. 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 carel aging, spiritual, career, illness/disability,
or other such difficulties/problems. The purpose of the EAP shall be to help employees and
members of their immediate families deal with the kinds of difficulties and problems identified
above by linking them with resources that can provide appropriate help; to reduce job
performance problems; and to retain valued employees. When an employee or a member of
his/her immediate family is experiencing a problem, whether or not such a problem affects the
employee's job performance, the employee and/or immediate family members are strongly
encouraged to seek assistance through the EAP.
Section 13.2 Coverage Terms and Conditions. Under the coverage terms of the EAP,
employees and/or members of their immediate families shall each be entitled to unlimited
assessment and referral and a maximum of three sessions per problem, at no cost to the employee
or family member, for problems amenable to short term counseling intervention. Employees
and/or family members are encouraged to access available benefits, as provided by the
Employer's medical benefits program, for counseling/treatment beyond the three session limit.
Section 13.3 Other Terms and Conditions. The Employer and the Union agree that:
A. Participation in the EAP shall be strictly voluntary. However, employees and their
immediate family members who have problems they feel may affect their health, well-being,
and/or the employee's job performance, are encouraged to contact the EAP.
B. Employees and their immediate family members shall receive an offer of assistance to help
resolve such problems in an effective and confidential manner by the EAP provider
consistent with federal and state law. No information concerning the nature of individual
personal problems will be released without proper written consent.
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C. Nothing in this Article of this Agreement shall be interpreted as constituting a waiver of the
Employer's responsibility to maintain discipline or its right to take appropriate disciplinary
action in accordance with established disciplinary procedures. Normal disciplinary
procedures shall remain unaltered and use of the EAP shall not alter the responsibility of
employees to maintain an acceptable level of performance or acceptable behavior/ conduct.
D. EAP-related appointments scheduled during normal work hours shall be scheduled within the
framework of the Employer's existing leave policies. Depending on the circumstances
involved, one or more forms of leave may be appropriate to attend such appointments (i.e.
sick, vacation, compensatory time, personal, etc.). Due to existing procedures requiring the
employee to provide a reason to justify the use of sick leave, the employee may not wish to
use said leave for such appointments, as providing a reason for the usage of said leave may
disclose information the employee wishes to remain confidential. If the employee chooses to
request sick leave, he or she is hereby advised that in providing a justifiable reason for sick
leave usage, he/she is voluntarily disclosing information. Employees are hereby advised that
if this is a concern, they should request another form of leave where providing a reason for
said leave usage is not required (i.e. vacation leave, compensatory time, personal time, etc.),
or seek to schedule EAP related appointments outside of normal work hours. Flexible
appointment hours shall be made available to employees by the EAP provider.
E. Supervisory personnel may encourage the use of the EAP, recognizing the fact that many job
performance difficulties may be related to a personal problem. However, supervisory
personnel shall refrain from diagnosing personal problems or recommending specific
solutions other than referral to the EAP.
F. Supervisory training is critical to the success of the EAP. In that regard, the Employer will
provide supervisory training, to be scheduled at the discretion of the Employer, to enhance
the knowledge of supervisory personnel concerning the proper methods to be used when
dealing with an employee who is experiencing personal or work-related problems.
G. The Employer shall reserve the right to contract, at its sole discretion, with the company/
organization of its choice that will, in the judgment of the Employer, provide the most cost-
effective, meaningful, and responsive service to the Employer and its employees.
ARTICLE 14
DRUG FREE WORKPLACE
Section 14.1 Purpose. The Employer and the Union hereby agree that illegal drugs in the
workplace are a danger to us all. They impair health, safety and welfare, promote crime, lower
productivity and quality, and undermine the public confidence in the work we perform as public
servants. Therefore, the Employer and the Union will not tolerate the illegal use or illegal
presence of drugs in the workplace.
In addition, the Employer and the 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
13
in the workplace and that this policy be distributed to all employees. In addition, the Act
requires the Employer to verify that all employees have agreed to abide by the policy as a
condition of continued employment.
The purpose of this Article is to publish a formal policy regarding illegal drugs in the workplace,
to notify bargaining unit employees of the consequences of illegal use, possession, distribution,
manufacture, etc. of controlled drugs in the work-place, to institute a drug awareness program for
bargaining unit employees, and to notify employees of the types of rehabilitative help that may
be offered by the Employer. This Article shall be applicable to all employees of the bargaining
unit and the bargaining unit hereby understands that this Article shall be strictly enforced by all
supervisory personnel.
Section 14.2 Policy. The Employer and the Union hereby agree that any location at which its
business is conducted is hereby declared to be a DRUG-FREE WORKPLACE. This means that
all employees, including supervisory personnel, are absolutely prohibited from unlawfully
manufacturing, distributing, dispensing, possessing, or using controlled substances in the
workplace. Reporting for work while under the influence of illegal drugs, or with any residual
effects from illegal drug use (e.g. impaired judgment, sickness, impaired reflexes, etc.) is
likewise prohibited. For purposes of this policy, an employee is considered to be "under the
influence" of a drug or controlled substance when any amount of such drug or controlled
substance (or any of its metabolites) is found to be present in the employee at or above the lowest
recognized scientific standard utilized by the laboratory selected by the Employer for evaluating
the presence of such substances in the system.
The Union hereby understands that any building, facility, structure, property, etc., or the contents
thereof (i.e. employee lockers, offices, desks, etc.), owned or leased by the Employer shall be
subject to unannounced inspection at any time by appropriate supervisory personnel and
Employer officials.
The following constitutes a partial list of controlled substances: (For a more detailed listing and
explanation of controlled substances, please consult the attached listing entitled "Controlled
Substances - Uses & Effects.")
* Narcotics (heroin, morphine, etc.)
* Cannabis (marijuana, hashish)
* Stimulants (cocaine, diet pills, etc.)
* Depressants (tranquilizers)
* Hallucinogens (PCP, LSD, "designer drugs", etc.)
The Union understands that compliance with this policy shall be strictly enforced and shall be a
condition of continued employment. The Union also understands that any employee violating
this policy shall be subject to appropriate disciplinary action which may include suspension or
dismissal.
The Union hereby understands that they may also be subject to appropriate disciplinary action
for engaging in off duty, illegal conduct/behavior unbecoming a City employee emanating from
the use of illegal drugs which detracts from the image or reputation ofthe 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).
14
Opium Doyer's Powder, aregoric Analqesic, antidiarrheal ---':ii.9..h____ Hiqh Oral,
Parepectolin smoked
Morphine Morphine. MS-Contin, Analqesic, antitussive Hiqh Hiqh Oral, smoked, Euphoria, Slow Watery eyes.
Roxanal, Roxanol.SR iniected drowsiness, and shallow
Codeine Tylenol w/Codeine. Empirin w/Codelne Oral, respiratory breathing. runny nose,
Robitussan A-C. Flanna! w/Codftine Analqesic. antitussive Moderate Moderate iniected yawning.
Heroin Diacetylmorphine, Injected, depression, clammy skin, loss of appetite.
Horse. Smack None Hiqh High sniffed smoked constricted pupils, convulsions, Irritability .
__ Hydr~~orphone Analgesic__ High ~- Oral. nausea coma, tremors, panic,
Dilaudid Iniected possible death cramps, nausea,
'l'=::~n Oral,
Meperidine (Pethidine) Analgesic __--1:!igh High injected chills and
Methadone II P::,:~:~ Methadone, Analgesic ~_~Low 12-24 Oral. sweating
iniected
Other Narcotics IIIIIIIV V ~~:,o~~.nF:~~~6a~e~~~~~~:~~'alwinZ Analgesic, antidiarrheal, Hi h-Low Hi h-Low Variable ~~:~fed
antitussive
. . .
IV Noctec ----a~~c~i;nlleonvulsant. sedative. Moderate Moderate 5-8
I111I IV ~~::~t:r~~:;,ri~~i~~t~~:~~ba:t:l-' Slurred speech. Shallow Anxiety,
_~c, veterinary eul!!anasia agent Hiqh-Mod. High-Mod. 1-16 Oral disorientation, respiration, insomO/a,
IV Ativan, Dalmane, Diazepam, Librium, Xanax, . tax, Valium Antia~x18ty, anti?>nvulsant, Low Low 4-8 Oral drunken clammy skin, tremors,
. __ Tranxexe" Versttan, Versed, Haldon, Pax..!E!I:~ Aastonl__ sedatlVe,~otlc behavior dilated pupils. delirium,
I Quaalude Sedative , hJ'll!:lQ!ic Hiqh High 4-8 Ora! without odor of weak and convulsions.
--- alcohol rapid pulse. possible death
III Sedative, hypnotic Hiqh Moderate 4-8 ~a~ coma,
III IV Antianxiety. sedative, Moderate Moderate 4-8 possible death
hrnOtlC
Local anesthetic Possible High Yes 1-2 Increased alertness, Agitation. Apathy.
II Attention delicit disorders, Possible High Yes 2.4 excitation, euphoria, increase in body long periods
nareoleesv weicht control increased pulse rate temperature. of sleep.
II Preludln Weight control Possible High Yes 2-4 & blood pressure, hallucinations, irritability.
Anention deficit disorders, Moderate Yes 2-4 insomnia, convulsions, depression,
nareolae'" Possible loss of appetite possible death disorientation
Weiqht control Pisible High Yes 2-4
None None Unknown Yes 8-12 Oral
Mescaline and Peyote I None None Unknown Yes 8-12 Illusions and Longer, Withdrawal
Amphetamine Variants None Unknown Unknown Yes Variable hallucinations. more intense syndrome
poor perception "trip" episodes, not reported
Phencyclidine None Unknown Hiqh Yes Days of time psychosis,
Phencyclidine Analogues None Unknown High Yes Days and distance possible death
Other Hallucinogens None None Unknown Possible Variable
~lIn~W~':I~ ,.. lJ ~ -
Marijuana I None Unknown Moderate Yes 2-4 oral Euphoria. Fatigue. Insomnia,
Tetrahydrocannabinol III Cancer chemotherapy Unknown Moderate Yes 2-4 Smoked, relaxed inhibitions, paranoia, hyperactivity. and
antinauseanl 0,>1 increased appetite, possible psychosis decreased appetite
Smoked,
Hashish I Hash None Unknown Moderate Yes 2-4 0'>' disoriented occasionally
Hashish Oil I Hash ();I None Unknown Moderate Yes 2-4 Smoked, behavior reported
oral
DeSignated a narcotIC undcr the CSA Not deslgnated.1 n.lfcol,C "tide, 'lie CSA (0..
.
. .
.~
.
Section 14.3 Drug-Free Awareness & Emplovee Assistance. Bargaining unit employees have
a right to know the dangers of drug abuse in the workplace, the policy regarding such drug
abuse, and what help is available to combat drug problems. This Section of this Agreement is
intended to address this matter.
The Employer agrees to offer an awareness program for all bargaining unit employees on the
dangers of drug abuse in the workplace. Posters, brochures, and appropriate guest speakers at
periodic group meetings will communicate information to employees.
In addition, to assist employees in overcoming drug abuse problems, the Employer will offer the
following rehabilitative help where applicable:
* Medical benefits for drug-abuse treatment
* Infonnation about community resources for assessment and treatment
* Employee Assistance Program
The Union hereby understands that where rehabilitative assistance is offered by the Employer
and agreed to by the employee, failure of the employee to adhere to conditions with regard to the
rehabilitative program may result in appropriate disciplinary action including suspension or
dismissal.
Medical benefits for drug abuse treatment, as mentioned above, shall be limited to those covered
by the Employer's medical plan. (For further information on the medical benefits for drug abuse
treatment, refer to the City of Dublin "Employee Benefits Handbook".)
Section 14.4 Supervisory Training. The employer also agrees to provide supervisory training
to assist supervisors in identifying illegal drug use by employees. All supervisors shall receive at
least four (4) hours of initial skill-building and information sharing sessions, with at least one (1)
hour of training occurring within six (6) weeks of a current employee becoming a supervisor or
from the date of hire of a supervisor. In subsequent years, supervisors who have already
received four (4) hours of initial training, will receive two (2) hours of additional training to
serve as a refresher and address new concerns. This training shall be conducted by a qualified
trainer holding one of the following credentials:
. Substance Abuse Professional (SAP);
. Certified Employee Assistance Professional (CEAP);
. Certified Chemical Dependency Counselor (CCDC III);
. Ohio Certified Prevention Specialist (OCPS);
. Ohio Certified Prevention Consultant (OCPC).
The training shall cover the following subjects:
. The physical, behavioral, and the performance indicators of drug use/abuse;
. The effects of drug use/abuse;
. Recognizing performance deficiencies caused by drug use/abuse;
. Confronting employees with suspected drug use/abuse.
15
Section 14.5 Non-Supervisor Training. The Employer shall also provide non-supervisory
employee training regarding substance abuse issues and information about the City's employee
assistance program (EAP). All non-supervisory employees shall receive at least two (2) hours of
educational awareness initially on substance abuse issues and two (2) hours annually thereafter.
New employees shall receive educational materials and information about this policy with the
first six (6) weeks.
Section 14.6 Criminal Convictions & Notification Requirement. The Union hereby
understands that pursuant to the provisions of the Drug-Free Workplace Act, any employee
convicted of violating a criminal drug statute in this workplace must inform the Employer of
such conviction (including pleas of guilty and nolo contendere) within five (5) days of the
conviction occurring. Failure to so inform the Employer shall subject the employee to
appropriate disciplinary action including suspension or dismissal.
The Employer reserves the right to offer employees convicted of violating a criminal drug statute
in the workplace, participation in an approved rehabilitation or drug abuse assistance program. If
such a program is offered, and accepted by the employee, then the employee must adhere to
conditions with regard to the rehabilitation as a condition of continued employment.
ARTICLE 15
CONSUMPTION OF ALCOHOL
Section 15.1 Purpose. In the interest of maintaining a safe and productive working
environment for all City employees, protecting the public health, safety, and welfare, upholding
the public confidence 111 the work performed by City employees, and upholding the
organizational image/reputation of the City, the Employer and the Union hereby agree that a
policy conceming the use of alcohol by bargaining unit employees should be addressed within
this Agreement. The purpose of this Article, therefore, is to provide the terms and conditions of
such policy.
The Union hereby understands that this policy shall be applicable to all bargaining unit
employees and shall be strictly enforced by all supervisory personnel.
Section 15.2 Policv. The Employer and the Union hereby agree that all employees, including
supervisory personnel, are strictly prohibited from consuming alcohol while on duty. In
addition, reporting for work while under the influence of alcohol, with any residual effects of
alcohol consumption (e.g. impaired judgment, sickness, impaired reflexes, etc.), or where there is
any evidence of alcohol consumption (e.g. odor of alcohol on the breath), is likewise prohibited.
For purposes of this policy, an employee is considered to be "under the influence" of alcohol
when the employee is found to be impaired by alcohol. (The Employer and the Union hereby
agree that a blood alcohol content of 0.02% will be used as the standard for impairment.)
Furthermore, all employees are also prohibited from consuming alcohol during their designated
lunch break or meal period and while off duty anytime said employees are in City uniform or are
wearing any apparel which distinguishes themselves as employees of the City of Dublin.
16
The Union hereby understands that any building, facility, structure, property, etc., or contents
thereof (i.e. employee lockers, offices, desks, etc.), owned or leased by the Employer, shall be
subject to unannounced inspection at any time by appropriate supervisory personnel and City
officials.
The Union likewise understands that compliance with this policy shall be strictly enforced and
that any employee violating this policy shall be subject to appropriate disciplinary action which
may include suspension or dismissal.
The Union further understands that they may also be subject to appropriate disciplinary action
for engaging in off-duty, illegal conductlbehavior unbecoming a City employee emanating from
the use of alcohol which detracts from the image or reputation of the City as an organization or
which erodes the public confidence in the City as an organization (e.g. disorderly conduct,
assault, fighting, criminal, menacing, disturbing the peace, OMVI, etc., or other criminal acts).
Section 15.3 Alcohol Awareness & Emplovee Assistance. Bargaining unit employees have a
right to know the dangers associated with the use or abuse of alcohol and what help is available
to combat the problems associated with alcohol use or abuse.
The Employer agrees to offer an awareness program for all bargaining unit employees on the
dangers associated with alcohol use or abuse. Posters, brochures, and appropriate guest speakers
at periodic group meetings will communicate infonnation to employees.
In addition, to assist employees in overcoming alcohol abuse problems, the Employer will offer
the following rehabilitative help where applicable:
* Medical benefits for alcohol-abuse treatment
* Information about community resources for assessment and treatment
* Employee Assistance Program
The Union hereby understands that where rehabilitative assistance is offered by the Employer
and agreed to by the employee, failure of the employee to adhere to conditions with regard to the
rehabilitative program may result in appropriate disciplinary action including suspension or
dismissal.
Medical benefits for alcohol abuse treatment, as mentioned above, shall be limited to those
covered by the Employer's medical plan. (For further information on the medical benefits for
alcohol abuse treatment, refer to the City of Dublin "Employee Benefits Handbook".)
Section 15.4 Supervisorv Training. The Employer agrees to provide supervisory training to
assist in identifying the problems associated with alcohol abuse by employees. This training
shall be conducted by a qualified trainer holding one of the following credentials:
17
. Substance Abuse Professional (SAP);
. Certified Employee Assistance Professional (CEAP);
. Certified Chemical Dependency Counselor (CCDC III);
. Ohio Certified Prevention Specialist (OCPS);
. Ohio Certified Prevention Consultant (OCPC).
The training shall cover the following subjects:
. The physical, behavioral, and the performance indicators of alcohol use/ abuse;
. The effects of alcohol use/abuse;
. Recognizing performance deficiencies caused by alcohol use/abuse;
. Confronting employees with suspected alcohol use/abuse problems.
ARTICLE 16
EMPLOYEE DRUG & ALCOHOL TESTING PROGRAM
Section 16.1 Purpose of Testing. In the interest of maintaining a safe and productive working
environment for all City employees, establishing a standard of conduct for City employees,
protecting the public health, safety, and welfare, upholding the public confidence in the work
performed by City employees, and upholding the organizational image/reputation of the City, the
Employer and the Union hereby agree that employee drug & 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 16.2 Terms and Conditions of Testing. The Employer and the Union hereby agree
that all bargaining unit members, as a condition of this Agreement, shall be required to submit,
upon request, to a urinalysis, breath test, and/or blood test to detect the presence of illegal drugs
or alcohol in their systems under the following circumstances:
A. When the Employer has reasonable suspicion to believe that an employee is under the
influence of illegal drugs or alcohol while on the Employer's premises or conducting the
Employer's business.
B. Following a work related accident or safety violation.
Employees who are directed to submit to testing shall be required to sign a consent form, the
form of which will be developed by the Director of Human Resources, which will include
consent that notice of the test results will be released to the Director of Human Resources, or in
his absence, the City Manager.
The Employer and the Union hereby agree that if employees of the bargaining unit are required
to submit to testing, failure or refusal to submit to the testing may result in appropriate
disciplinary action which may include suspension or dismissal. The actual discipline to be
imposed shall take into consideration all facts and circumstances including the expressed reasons
for the employee's refusal, the need for the testing, the employee's desire for rehabilitation, and
the employee's job performance.
18
Employees who have been found, through the testing procedures identified in Section 16.3
below, to have been under the influence of drugs or alcohol, or who have engaged in conduct
which obstructs the testing procedures (i.e. the use of masking agents or other products to
adulterate or dilute specimens), shall not be paid for the time they are off work awaiting the
testing results, and shall be subject to appropriate disciplinary action including suspension or
dismissal.
Section 16.3 Drug and Alcohol Testing Procedures. Drug & Alcohol testing shall be
conducted in the following manner:
A. When circumstances anse which reqUIre drug and/or alcohol testing, the
Department/Division Head shall contact the Director of Human Resources or, in his/her
absence, his/her designee, to obtain approval for testing. Should disagreement exist
between the employee's supervisor or Department/Division Head and the Director of
Human Resources, or his/her designee, regarding whether or not to proceed with testing,
the City Manager shall make the final determination. Upon receiving approval to
proceed with testing, the supervisor shall escort the employee to a designated D.H.H. S.
(Department of Health and Human Services) certified laboratory. After specimen
collection, the employee shall be escorted home. (In circumstances involving "post
accident" testing, where the employee requires off-site medical attention, the testing
procedure shall be initiated after proper medical attention has been rendered. In the event
the employee is hospitalized, testing shall be accomplished by blood within the hospital
environment as soon as possible.)
B. In screening for the presence of drugs or alcohol generally accepted screening procedures
shall be used. Whenever an employee is required to provide urine or blood for the
screening procedure, the employee shall be required to provide a split specimen at the
time of collection in order to facilitate the screening procedure.
C. When screenings are performed, the threshold level for determination shall be established
in accordance with generally accepted medical procedures and existing laws or
regulations.
D. In testing urine or blood specimens for the presence of illegal drugs and/or alcohol, the
first specimen shall be submitted for testing to a certified laboratory. If illegal drugs
and/or alcohol are found in the first specimen, then that same specimen shall be
submitted for further verification (confirmatory) testing. If both initial and verification
(confirmatory) tests are positive for an illegal drug and/or alcohol, the Director of Human
Resources, or his/her designee, shall be notified by the Medical Review Officer (MRO) at
the certified laboratory. The Director of Human Resources, or his/her designee shall in
turn contact the employee.
E. The employee must then decide whether or not he/she wishes the second specimen
provided at the initial collection to be further tested. If the employee so requests, then the
second specimen shall be tested using a second certified laboratory.
19
F. If the employee does not request the screening of the second specimen after the initial
specimen tests positive, or if the employee does request the testing of the second
specimen and it also tests positive for an illegal drug or alcohol, appropriate rehabilitative
and/or disciplinary action shall be taken, which may include suspension or dismissal.
G. In the initial testing of the first blood/urine specimen provided at the time of collection,
should masking agents (e.g. Klear, Ur-n-Iuck, Zydot, etc.) be detected, such shall be
considered as a "refusal to submit to testing" and the option to pursue testing of the
second specimen shall be forfeited. The City shall be so notified. Such "refusal to
submit to testing" shall result in appropriate disciplinary action, including suspension or
dismissal.
H. In the testing of blood/urine specimens provided at time of collection, should a "dilute
negative" result be received by the City, the employee shall be required to repeat the
testing procedure within 24 hours. The result of the second test shall then become the
test of record. Should the employee decline to take the second test, such shall constitute a
refusal to submit to testing, which shall result in appropriate disciplinary action, including
suspension or dismissal. Should a "dilute positive" result be received by the City on the
first or second test, such shall be considered as a verified positive test which shall result
in appropriate disciplinary action, including suspension or dismissal.
I. Should the Employer use breath alcohol testing as an alternate method to blood/urine
testing, all breath testing shall be administered by a trained Breath Alcohol Technician
(BAT). In addition, only Evidential Breath Testing (EBT) devices certified by the
Federal Government shall be used along with the prescribed breath alcohol testing form.
J. In the administration of breath alcohol testing, an initial breath test shall be conducted via
the Evidential Breath Testing (EBT) device. If the initial test results in a reading of less
than 0.02, the test shall be recorded as "negative". If the initial test results in a reading of
0.02 or greater, a confirmatory test shall be administered. Prior to the administration of a
confirmatory test, there shall be a 20-30 minute waiting period to ensure that the presence
of mouth alcohol from the recent use of food, tobacco, or hygiene products does not
artificially raise the test result. Should the confirmatory test result be different from the
initial test result, the confirmatory test shall be deemed the final result. A test result of
0.02 or greater on the confirmatory test shall result in appropriate disciplinary action,
which may include suspension or dismissal.
K. Following the receipt of drug and/or alcohol testing results by the City, the City shall
advise the employee regarding his/her return to work.
Section 16.4 Referral To Employee Assistance Program. If the results of drug and/or alcohol
testing are positive, but do not warrant dismissal of the employee, a referral to the Employee
Assistance Program will be offered. Although employees will be offered a referral through the
Employee Assistance Program, they are still subject to appropriate disciplinary action.
20
If an employee accepts a referral to the EAP for assessment as a result of a positive drug and/or
alcohol test, he/she must comply with any recommendation made by the EAP Drug and Alcohol
Counselor resulting from an assessment, as a condition of continued employment. The employee
shall further comply to random drug and/or alcohol testing for a period of up to two years.
Failure to comply with any of the conditions associated with the recommendations of the
Counselor, the conditions associated with the rehabilitation program, or the random testing, as
specified above, may result in dismissal of the employee.
ARTICLE 17
USE OF PRESCRIPTION & "OVER-THE-COUNTER" MEDICATION
Section 17.1 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 17.2 General Terms & Conditions, In general, employees taking medication legally
prescribed by a physician, or purchased "over-the-counter", which may impair the employee's
judgment, job performance, and physical/mental capabilities, shall advise their immediate
supervisors of the medication being used and the possible effects (to the employee's knowledge)
of such medication. Such notice should be given prior to the employee commencing work. The
City will provide the form for such purpose.
When an employee so notifies his/her supervisor, the supervisor shall temporarily reassign the
employee to other duties which can be performed, if such duties are available. If such duties are
not available, the supervisor shall authorize appropriate leave for the employee (i.e. sick,
vacation, personal, comp time, etc.).
Section 17.3 Failure to Notify Supervisor. The Employer and the Union hereby agree that if an
employee works while taking medication legally prescribed by a physician, or purchased "over-
the-counter", which causes the type of effects as those previously noted under Section 17.2,
without notifying his supervisor, such employee shall be subject to the appropriate disciplinary
action, if any, up to and including suspension or discharge. The Union acknowledges that the
Employer may become aware of the presence of a legally prescribed or "over-the-counter"
medication, referenced in Section 17.2, as a result of a drug/alcohol test administered to the
employee pursuant to Articles 14, 15, and 16 of this Agreement.
21
ARTICLE 18
LAYOFFS
Section 18.1 Layoffs. Whenever there is a lack of work, a lack of funds, or other circumstances
exist where continued work would not be cost efficient, effective, or reasonable, and such
requires a reduction in the number of employees of the City, the City Manager shall determine
the job classifications in which such reduction shall be made and the number to be laid off.
Employees shall be laid off at the time and in the number specified by the City Manager in the
inverse order of their seniority. Within the affected job classifications, all temporary, seasonal,
intermittent, casual, and part-time employees would be laid off first, then full-time probationary
employees, followed by full-time regular employees. The City will make a good faith effort to
discuss the need for the layoff as much in advance of the proposed effective date as is reasonable
under the circumstances. All employees to be laid off under such a lay-off action shall be
provided forty-five (45) days advanced notice by the City.
Section 18.2 Call-back. When employees are laid off as specified in Section 18.1, their names
shall be placed on a Re-employment Eligibility List established by the Division of Human
Resources. When the work or financial situation permits, those employees who have been laid
off shall be called back to work and reinstated to the job classification they held before layoff
with the same status and seniority as they had at the time of layoff, in inverse order of their
layoff, if they are available. If not available within fourteen (14) calendar days of call-back
notification, or if they decline an offer of re-employment, or if they do not respond to the City
within fourteen (14) calendar days of call-back notification, their names shall be removed from
the Re-Employment Eligibility List. The Re-employment Eligibility List shall be valid for three
(3) years from the date of original creation unless said list is exhausted prior to the completion of
the three (3) year time frame due to the re-employment of all individuals on said list, the removal
of all individuals' names from said list for reasons of non-availability or declination of re-
employment, or any combination thereof. Call-back notification shall be provided to laid-off
employees by certified mail addressed to the last known mailing address of said laid-off
employees. It shall be the responsibility of the laid-off employees to keep the Division of
Human Resources advised of their current mailing address.
ARTICLE 19
MISCELLANEOUS
Section 19.1 Agreement Copies. As soon as is possible following the signing of this
Agreement, the Employer and the Union shall have printed sufficient copies of this Agreement.
The actual cost of printing this Agreement, and any future printing beyond the copies specified
herein in an amount the parties may later agree as necessary, shall be shared equally by the
parties. The Union shall be responsible for distribution of copies to current members and the
Employer shall be responsible for distribution of copies to new members who are hired during
the term of this Agreement.
22
Section 19.2 Bulletin Boards. The City shall provide reasonable space at the time clock for one
Union-provided bulletin board within the garage/shop/custodial worker areas within the Division
of Streets & Utilities, Division of Grounds & Facilities, Maintenance Center, 5800 Building, and
the Community Recreation Center. These bulletin boards shall be for the exclusive use of the
Union to post notices and information related to Union affairs. These boards shall be maintained
by the bargaining unit memberships and be kept in neat order at all times. Should these boards
fall into disarray, the City will notify the appropriate Unit Representative and such
Representative shall ensure that the board(s) are restored to proper order at hislher first
opportunity. Non-bargaining unit personnel shall not be permitted to remove, add to, or alter
Union material posted on these boards unless said material contains obscene, racially/sexually
offensive, other unlawful, or defamatory information. A reasonable effort shall be made by the
Employer to contact a Union representative prior to removing any material.
ARTICLE 20
SENIORITY
Section 20.1 Seniority. For purposes of this Agreement, "Seniority" shall be defined as total
continuous service as a full-time employee of the bargaining unit. Seniority shall begin to
accumulate on the date an individual becomes employed in a position within the bargaining unit.
Continuous service shall reflect the uninterrupted service of an employee as calculated by
years/days of service. Continuous service shall be interrupted only when a "break in service"
occurs. A "break in service" shall occur in the following instances:
~ Resignation/Separation;
~ Removal/Dismissal;
~ Failure to return from an authorized leave of absence.
As established in Section 20.1 (main paragraph above), seniority shall begin to accumulate on
the date an individual becomes employed in a position within the bargaining unit; however,
should more than one (1) individual be hired on the same day, seniority preference will be
determined by the individual's relative ranking in the selection process. An individual with a
higher ranking shall always receive seniority preference over an individual with a lower ranking.
A "break in service" shall not occur if an employee is reinstated due to the disaffirmance of
removal or layoff. An employee who has a "break in service" and who is subsequently rehired or
reinstated shall not receive continuous service credit for the time spent during the "break in
service"; however, the employee shall receive continuous credit except for the period of time in
which the "break in service" occurred.
Section 20.2 Application of Seniority - Leave Requests. "Seniority", as defined in Section
20.1 above, shall be the means for determining approval of vacation and personal leave requests
when such leave requests are submitted simultaneously, to the same supervisor, by two (2) or
more employees of the bargaining unit for the same period of time.
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I
Section 20.3 Application of Seniority - Shift Vacancy and Position Vacancy. Whenever a
vacancy occurs in a full-time position, the following three step process shall be followed:
Step 1. The Department shall post a "Shift Vacancy Announcement" for a minimum of ten
(10) calendar days to allow any interested employee presently serving in a full-time position
within the same work unit (grounds maintenance, facilities maintenance, custodial,
mechanics, sign shop, & streets & utilities maintenance), to apply for the position. The
vacancy shall be filled by seniority. Any subsequent vacancies caused by trying to fill the
initial advertised vacancy shall also be filled by seniority within the work unit. Once
opportunities to fill the vacancy(s) within the work unit are exhausted, the last remaining
vacancy may be filled pursuant to step 2 below. Employees presently in their original
appointment probationary period shall not be eligible for vacant positions until after the
conclusion of their probationary period.
Step 2. The Department shall post a "Position Vacancy Announcement" for a minimum of
ten (10) calendar days to allow any interested employee presently serving in a full-time
position within the Bargaining Unit to apply for the position. The Department shall identify,
on the "the Position Vacancy Announcement", the specialized qualifications, knowledge,
skills, and abilities required to successfully perfonn the duties of the vacant position. In
filling the position, the Department shall give consideration to all applicants who apply. The
following criteria shall be used in selecting an employee to fill the position: job-related
qualifications, knowledge, skills and abilities, work performance; and seniority based upon
time with the City of Dublin in a full-time regular position. Where all applicants'
qualifications, knowledge, skills, abilities and work performance are relatively equal in the
judgment of the hiring supervisor, seniority as previously defined shall be the deciding
factor. If qualifications, knowledge, skills, abilities, work performance, and seniority are
equal, seniority preference shall be detennined by the individual's relative ranking in the new
hire selection process when first hired. The higher ranking shall always receive seniority
preference. Should it not be possible to detennine which candidate ranked higher in the new
hire selection process, one toss of a coin shall be the determining the factor. Employees
presently in their original appointment probationary period shall not be eligible to compete
for vacant positions until after the conclusion of their probationary period. After the
selection has been made, the employee shall assume his/her new position within 60 days
unless otherwise extended, for good reason, by the Director of Service. If no member of the
Bargaining Unit is detennined to be qualified to fill the vacancy, step 3 below will be
followed.
Step 3. If no Bargaining Unit member is determined to be qualified, the position vacancy
shall be filled externally.
Section 20.4 Application of Senioritv - Overtime Assignments. In non-emergency situations,
the City agrees to offer overtime assignments first to bargaining unit members (by job
classification) on the basis of seniority. This offer shall be made starting with the most senior
member of the bargaining unit (by classification) proceeding to the least senior member of the
bargaining unit (by classification) and then to seasonal employees (by classification). Should the
overtime assignment not subsequently be filled, the least senior member of the bargaining unit
(within the classification for which the overtime assignment is applicable) shall be compelled to
work the overtime assignment. Emergency situations shall be governed by Article 36.
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ARTICLE 21
DISCIPLINE
Section 21.1 Discipline For Cause. No bargaining unit employee, who has successfully
completed his probationary period, shall be disciplined without cause. Cause may include, but is
not limited to, the violation of City /Departmental/Di visional rules and regulations,
incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination,
discourteous treatment, neglect of duty, absence without leave, any conduct unbecoming an
employee, any acts of misfeasance, malfeasance, or nonfeasance, or any off-duty illegal
conduct/behavior where there is a reasonable nexus to the individual's employment with the
City.
Section 21.2 Progressive Discipline. The principles of progressive disciplinary action will be
followed with respect to minor offenses. For minor offenses, an oral reprimand, a written
reprimand, and a suspension without pay shall be given prior to demotion or dismissal.
The primary responsibility for the administration of discipline shall rest with the appropriate
supervisory personnel over the employee to be disciplined, and such disciplinary action may
consist of any action which is appropriate to the offense, including, but not limited to:
A. Informal, oral reprimand;
B. Formal, written reprimand;
C. Suspension from duty without pay, not to exceed five (5) days;
D. Any other action appropriate to the nature or severity of the offense;
E. Dismissal.
Disciplinary action taken against an employee, which is other than in the nature of a minor first
offense warning, shall be in writing and made a part of the employee's permanent personnel file.
Section 21.3 Pre-Disciplinary Conference. Prior to the administration of disciplinary action
constituting a suspension without payor dismissal, a Pre-Disciplinary Conference shall be held
to gIve the employee an opportunity to offer an explanation regarding the alleged
offense/misconduct on his part. This Pre-Disciplinary Conference shall take place within a
reasonable period of time following the incident in question and shall not be unreasonably
delayed by either the Employer or the employee. Nothing within this Section shall preclude the
Employer from relieving the employee from duty if, in the judgment of the Employer, such
action is necessary.
Section 21.4 Disciplinarv Action Imposed. The Employer's decision regarding whether or not
to impose disciplinary action shall be made within a reasonable period of time following the
incident in question, or the conclusion of the Pre-Disciplinary Conference (if applicable).
25
Section 21.5 COpy of Discipline Record. Whenever a disciplinary action is taken which results
in a disciplinary action of record (A. through E. in Section 21.2), the employee and the Union
shall be given a copy of such record.
Section 21.6 Appeal. A bargaining unit employee (who has successfully completed his
probationary period), who feels aggrieved by the administration of discipline such as in A.
through E. of Section 21.2, may appeal such disciplinary action in accordance with the
Grievance Procedure in Article 9.
ARTICLE 22
PERSONNEL RECORDS
Section 22.1 Personnel File. One, and only one, official personnel file shall be maintained for
each employee and shall be in the custody of the Division of Human Resources. The personnel
file shall contain all the official records of the City regarding an individual employee, with the
exception of medical records, which shall be maintained in a separate file pursuant to applicable
Federal and State Law and, which shall be considered confidential. Where past disciplinary
actions or allegations of misconduct are relevant to considerations of future disciplinary action or
promotion, only those disciplinary actions of record contained in the personnel file shall be
considered. An employee may review his personnel file at reasonable times in the presence of
the Human Resource Director, or his designee, upon request to the Human Resource Director, or
his designee. During the term of this Contract, each employee may obtain one copy of his entire
personnel file at no cost. This copy shall be provided upon request from the employee and
within a reasonable period of time. All other copies of documents shall be made available to the
employee at a reasonable charge. Anytime a document is placed in the employee's personnel file,
the employee shall be forwarded a copy of such document, with the exception of selection
records and materials created prior to the employee's date of appointment (e.g. reference checks,
criminal record checks, interview appraisal forms, etc.); such selection records/materials shall be
made available for inspection of the employee upon request to the Human Resource Director, or
his designee. The confidentiality of matters contained in the personnel files shall be the
responsibility of the Human Resource Director who shall release only such information
permitted by law and then only to those persons with a legitimate right to the information,
subject to the provisions of the Ohio Privacy Act, Ohio Public Record's Act, or other applicable
Federal or State Law. In the event a legitimate request is made to inspect or obtain copies of
records from an employee's personnel file, the City will make a reasonable attempt to notify the
employee that such a request has been made.
Section 22.2 Retention of Records. All actions of record, including appointment, evaluations,
promotions, counseling statements, reprimands, dismissals, suspensions, will be maintained in
each employee's personnel file throughout his period of employment. Record of counseling
statements or documented oral reprimands will not be considered for purposes of future
disciplinary action more than six (6) months after issuance provided that no repeated offense(s)
of a same or similar nature have occurred within said six (6) months period following issuance.
Record of written reprimands will not be considered for purposes of future disciplinary action
more than one (1) year after issuance provided that no repeat offense(s) of a same or similar
nature have occurred within said one (1) year period following issuance. Suspensions of less
than thirty (30) days will not be considered for purposes of future disciplinary action more than
26
three (3) years after issuance provided that no repeated offense(s) of a same or similar nature
have occurred within said three (3) year period following issuance.
In the event that a repeated offense(s) of a same or similar nature occurs during the appropriate
time frame(s), the initial disciplinary action shall be considered for the duration of the time
period for which the most recent documented disciplinary action will remain in effect for
purposes of future disciplinary action.
Section 22.3 Inaccurate Documents. If, upon examining his personnel file, an employee has
reason to believe that there are inaccuracies in documents contained therein, he may write a
memorandum to the Human Resource Director explaining the alleged inaccuracy. If the Human
Resource Director concurs with the employee's contentions, he shall either correct or remove the
faulty document or attach the employee's memorandum to the document and note thereon his
concurrence with the memorandum. He may also attach the memorandum to the document and
note his disagreement with memorandum's contents.
ARTICLE 23
RATES OF PAYIWAGES
Section 23.1 Wage Structure. Effective upon execution of this Agreement, but retroactive to
July 15, 2004, the following wage structure shall be in place for the Maintenance Worker and
Sign Worker classifications:
Step 1 - $34,601.86
Step 2 - $35,639.92
Step 3 - $36,709.11
Step 4 - $37,810.39
Step 5 - $38,944.70
Step 6 - $40,113.04
Step 7 - $41,316.43
Step 8 - $42,555.92
Step 9 - $43,832.60
Step 10 - $45,147.58
Step 11 - $46,502.01
Step 12 - $47,897.07
Effective upon execution of this Agreement, but retroactive to July 15, 2004, each existing
employee within the Maintenance Worker and Sign Worker classifications, whose base annual
compensation (prior to execution of this Agreement) is $32,038.76, shall be placed in the step
which provides them with an increase. Thereafter, each existing employee shall receive an
annual step increase on hislher anniversary date of appointment (including any anniversary date
after 07-15-2004).
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Effective upon execution of this Agreement, but retroactive to July 15, 2004, each existing
employee within the Maintenance Worker and Sign Worker classifications whose base annual
compensation rate (prior to execution of this Agreement) is $33,320.21 or greater, shall be
placed one step above the step which would provide the employee with an increase. Thereafter,
each existing employee shall receive an annual step increase on hislher anniversary date of
appointment (including any anniversary date after 7-15- 04).
Effective July 15, 2005, the following wage structure shall be in place for the Maintenance
Worker and Sign Worker classifications:
Step 1 - $35,639.92
Step 2 - $36,709.11
Step 3 - $37,810.39
Step 4 - $38,944.70
Step 5 - $40,113.04
Step 6 - $41,316.43
Step 7 - $42,555.92
Step 8 - $43,832.60
Step 9 - $45,147.58
Step 10 - $46,502.01
Step 11 - $47,897.07
Step 12 - $49,333.98
Effective July 15, 2006, the following wage structure shall be in place for the Maintenance
Worker and Sign Worker classifications:
Step 1 - $36,709.11
Step 2 - $37,810.39
Step 3 - $38,944.70
Step 4 - $40,113.04
Step 5 - $41,316.43
Step 6 - $42,555.92
Step 7 - $43,832.60
Step 8 - $45,147.58
Step 9 - $46,502.01
Step 10 - $47,897.07
Step 11 - $49,333.98
Step 12 - $50,814.00
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Effective upon execution of this Agreement, but retroactive to July 15, 2004, the following wage
structure shall be in place for the Automotive Mechanic I classification:
Step 1 - $35,841.48
Step 2 - $36,916.73
Step 3 - $38,024.23
Step 4 - $39,164.96
Step 5 - $40,339.91
Step 6-$41,550.10
Step 7 - $42,796.61
Step 8 - $44,080.51
Step 9 - $45,402.92
Step 10 - $46,765.01
Step 11 - $48,167.96
Step 12 - $49,613.00
Effective upon execution of this Agreement, but retroactive to July 15, 2004, each existing
employee within the Auto Mechanic I classification, whose base annual compensation rate (prior
to execution of this Agreement) is $33,186.56, shall be placed in the step which provides them
with an increase. Thereafter, each existing employee shall receive an annual step increase on
his/her anniversary date of appointment (including any anniversary date after 7-15-04).
Effective upon execution of this Agreement, but retroactive to July 15, 2004, each existing
employee withIn the Auto Mechanic I classification whose base annual compensation rate (prior
to execution of this Agreement) is $34,514.03 or greater, shall be placed one step above the step
which would provide the employee with an increase. Thereafter, each existing employee shall
receive an annual step increase on his anniversary date of appointment (including any
anni versary date after 7 -15 -04).
Effective July 15, 2005, the following wage structure shall be in place for the Auto Mechanic I
classification:
Step 1 - $36,916.73
Step 2 - $38,024.23
Step 3 - $39,164.96
Step 4 - $40,339.91
Step 5 - $41,550.10
Step 6 - $42,796.61
Step 7 - $44,080.51
Step 8 - $45,402.92
Step 9 - $46,765.01
Step 10 - $48,167.96
Step 11 - $49,613.00
Step 12 - $51,101.39
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Effective July 15,2006, the following wage structure shall be in place for the Auto Mechanic I
classification:
Step 1 - $38,024.23
Step 2 - $39,164.96
Step 3 - $40,339.91
Step 4 - $41,550.10
Step 5 - $42,796.61
Step 6 - $44,080.51
Step 7 - $45,402.92
Step 8 - $46,765.01
Step 9 - $48,167.96
Step 10 - $49,613.00
Step 11 - $51,101.39
Step 12 - $52,634.43
Effective upon execution of this Agreement, but retroactive to July 15,2004, the following wage
structure shall be in place for the Custodial Worker classification:
Step I - $27,897.62
Step 2 - $28,734.54
Step 3 - $29,596.58
Step 4 - $30,484.48
Step 5 - $31,399.01
Step 6 - $32,340.98
Step 7 - $33,311.21
Step 8 - $34,310.55
Step 9 - $35,339.86
Step 10 - $36,400.06
Step 11 - $37,492.06
Step 12 - $38,616.82
Step 13 - $39,775.33
Effective upon execution of this Agreement, but retroactive to July 15, 2004, each existing
employee within the Custodial Worker classification, whose base annual compensation rate
(prior to execution of this Agreement) is $26,824.63, shall be placed in the step which provides
them with an increase. Thereafter, each existing employee shall receive an annual step increase
on hislher anniversary date of appointment (including any anniversary date after 7-15-04).
Effective upon execution of this Agreement, but retroactive to July 15, 2004, each existing
employee within the Custodial Worker classification whose base annual compensation rate (prior
to execution of this Agreement) is $27,897.62 or greater, shall be placed one step above the step
which would provide the employee with an increase. Thereafter, each existing employee shall
receive an annual step increase on his anniversary date of appointment (including any
anniversary date after 7-15- 04).
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Effective July 15, 2005, the following wage structure shall be in place for the Custodial
Worker classification:
Step 1 - $28,734.54
Step 2 - $29,596.58
Step 3 - $30,484.48
Step 4 - $31,399.01
Step 5 - $32,340.98
Step 6 - $33,311.21
Step 7 - $34,310.55
Step 8 - $35,339.86
Step 9 - $36,400.06
Step 10 - $37,492.06
Step 11 - $38,616.82
Step 12 - $39,775.33
Step 13 - $40,968.59
Effective July 15, 2006, the following wage structure shall be in place for the Custodial
Worker classification:
Step 1 - $29,596.58
Step 2 - $30,484.48
Step 3 - $31,399.01
Step 4 - $32,340.98
Step 5 - $33,311.21
Step 6 - $34,310.55
Step 7 - $35,339.86
Step 8 - $36,400.06
Step 9 - $37,492.06
Step 10 - $38,616.82
Step 11 - $39,775.33
Step 12 - $40,968.59
Step 13 - $42,197.65
Section 23.2 Appointment and Advanced Step Hiring. The City Manager, when making
appointments to either the Maintenance Worker, Sign Worker, or Automotive Mechanic I, or
Custodial Worker classifications, shall be authorized to recognize the overall qualifications of
candidates in determining their placement within the wage structure.
Section 23.3 Step Advancement. Following the employee's initial appointment to a position
within the Maintenance Worker, Sign Worker, Automotive Mechanic I, or Custodial Worker
classifications, advancement to successive steps within the wage structure shall occur annually
on the employee's anniversary date of appointment.
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Section 23.4 Application of Pay Rates. The rates of pay set forth in Section 23.1 are based on
full-time employment of forty (40) hours in a work week and 2,080 hours in a work year. These
rates shall be used to calculate wages for hours in paid status for the appropriate step. "Paid
Status" shall include all hours in approved paid leave including vacation, injury, military (active
duty), personal, compensatory time, sick leave, etc.
Section 23.5 Longevity Pay. In addition to the other types of compensation identified in
Section 23.1, all employees shall receive a longevity payment based upon completed years of
service with the City according to the following schedule.
The following schedule shall be effective upon the execution of this Agreement, but retroactive
to July l5, 2004:
Completed Years of Service
with the City of Dublin Amount
Four (4) through six (6) years $ 650.00
Seven (7) through ten (10) years $ 850.00
Eleven (11) through fourteen (14) years $1,050.00
Fifteen (15) through nineteen (19) years $1,150.00
Twenty (20) or more years $1,275.00
Longevity pay shall appear in the paychecks in which the employee's anniversary date of
appointment falls. The employee will be paid in one (1) lump sum in the form of a regular
paycheck for that given pay period which will be taxed at the employee's W-4 rate.
Should an employee be on Leave Without Pay for more than six (6) months within a particular
year during which the employee would have normally been entitled for longevity pay, the
employee shall forfeit his/her entitlement to such pay.
Section 23.6 Instant Bonus Program. All employees in the Maintenance Worker, Sign
Worker, Automotive Mechanic I, and Custodial Worker classifications shall be eligible for an
"instant bonus" in accordance with the following terms and conditions:
A. Each Department shall be allocated a proportional share of money for bonuses to
reward an individual employee or a team of employees for an exceptional effort in
implementing and completing a project or program that:
(1) Significantly enhances the efficiency or effectiveness of City operations,
or;
(2) Significantly exceeds expectations in the areas of performance or
customer service, or;
(3) Demonstrates innovation or creativity in government.
32
B. If a bonus is awarded, it shall be awarded immediately, not at the end of the year.
C. An individual employee may be eligible for one instant bonus in any calendar year.
The maximum bonus amount shall not exceed $1,000.00, however, the typical bonus
will be in the area of $250.00
D. Bonuses may be awarded upon written request of the employee's supervisor, division
director or department director, detailing the employee's achievement and
recommending a bonus amount. The bonus shall not be awarded unless approved by
the department director and the City Manager. All decisions regarding the award of
bonuses shall ultimately be at the discretion of the City Manager.
E. In the event the division director and department director believe that time off with
pay would be a more effective reward for excellence under this program, and the time
off will not negatively affect the operation of the division, the employee may be
awarded up to eight (8) hours of paid leave in lieu of a monetary bonus. The
monetary value of the time off shall be deducted from the remaining balance of bonus
funds available to the department.
F. The division director should not inform the employee of the bonus until it is approved
by the department director and City Manager.
G. To be eligible for a bonus, the employee must demonstrate a clearly exceptional level
of effort and achieve an outcome that is superior.
H. Once a department's bonus funds are expended in a calendar year, there will be no
additional funds available to that department until the next calendar year.
Section 23.7 Temporary Work Assignment/Pay Supplement. When an employee IS
designated to perform the duties of a higher level job classification, the employee shall be
compensated at a rate of pay commensurate with that higher level job classification for all hours
during which the employee performs such duties. The rate of pay shall be within the higher level
classification's established pay range and shall be set either at the minimum of this higher level
classification's pay range or at a point 10% greater than the employee's existing rate of pay,
whichever is greater. However, this increased rate of pay shall not exceed the maximum of the
higher classification's pay range.
Section 23.8 Shift Differential. Shift differential pay shall be provided as follows, with the
exception of hours in paid status while on approved leave:
I) For employees regularly assigned to first shift, shift differential shall be applied to any
hours worked between the hours of 5:00 p.m. and 6:45 a.m.
2) For employees regularly assigned to second or third shift, shift differential shall be
applied to any hours worked.
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Shift differential pay shall be applicable to actual hours worked. Shift differential shall not be
paid in addition to regular pay for any hours spent on approved paid leave, with the exception of
leave due to mandatory training, which shall qualify for shift differential pay. Mandatory
training is defined as classes/coursework where employee attendance is required by the Division.
Time spent in optional training programs shall not qualify for shift differential pay. If authorized
overtime occurs in conjunction with the regular workday, the shift differential shall be paid for
each hour of overtime worked as specified above. If shift differential pay is applicable, and
overtime occurs, the shift differential pay shall be added to the base hourly rate prior to
computing the overtime rate. Shift differential pay will be paid on a bi-weekly basis and will not
be cumulative under any circumstance.
Effective upon execution of this Agreement, but retroactive to July 15, 2004, the shift differential
rate will be $.70/hour. Effective July 15, 2006, the shift differential rate will be increased to
$.75/hour.
ARTICLE 24
HOLIDA YS
Section 24.1 Paid Holidays. The following are designated as paid holidays for bargaining unit
employees:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas Day
Section 24.2 Dates/Days Observed. Should the Federal or State government designate a
specific date or day of the week for observation of one of the above listed holidays, the City will
generally follow that designation. For employees assigned to a Monday through Friday (Saturday
and Sunday off), when a holiday falls on a Saturday, the Friday immediately before the holiday
shall be the observed day; should the holiday fall on a Sunday, the Monday immediately
following the holiday shall be the observed day. For employees assigned to other than a Monday
through Friday workweek (Saturday and Sunday off) the holiday shall be celebrated on the
calendar day on which the holiday actually falls.
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Section 24.3 Holiday Pay.
A. If a holiday falls on an employee's regularly scheduled day off and the employee is not
required to work the holiday, or if the employee is excused from work, the employee
shall receive eight (8) hours of compensatory time at the straight time rate, provided that
the employee was not absent without authorized leave on either the workday before or
after the holiday. An employee on sick leave the workday before or after the holiday
may be required to present a doctor's certificate in order to receive credit for eight (8)
hours of compensatory time.
B. When an employee works a holiday on his regularly scheduled workday, he shall be
entitled to eight hours straight time pay plus time-and-a-half pay (or compensatory time)
for all hours worked.
C. When an employee works a holiday on his regularly scheduled day off he shall be
entitled to eight hours straight time pay plus double time pay (or compensatory time) for
all hours worked.
ARTICLE 25
PERSONAL LEAVE
Section 25.1 Allocation & Usage of Leave. Effective January I of each year under this
Contract, each employee shall receive thirty-two (32) hours (four (4) days) of Personal Leave.
However, in the event an individual is appointed on or after November 1 of any given year under
this Agreement, said individual shall receive one (1) day (eight (8) hours) of Personal Leave. In
the event an employee is not in full pay status at the time personal leave is normally allocated to
each employee, yet returns to full pay status at some point thereafter, the amount of that
employee's personal leave allocation shall be pro-rated. For every pay period the employee has
been in less than full pay status, 1.25 hours of personal leave shall be deducted from the normal
thirty-two (32) hours annual allocation. Personal leave may be used by the employee provided
that said leave is approved in advance by the employee's immediate supervisor or other
appropriate administrative superiors. All personal leave must be used within the same calendar
year in which it is allocated or said personal leave shall be forfeited. Personal leave shall be paid
at the employee's straight time rate. Conflicts involving multiple requests for the same period of
leave shall be resolved on a first-come-first-served basis. Personal Leave shall not be used to
artificially extend the separation date of an employee's resignation from employment with the
City. The effective date of an employee's resignation from employment shall be the same as the
employee's last day worked.
Section 25.2 Payment for Unused Personal Leave Layoff or Death. In the event that an
employee is laid off from City service, said employee shall be compensated for all unused
personal leave at the rate of pay in effect at the time of layoff. For any other form of separation,
no compensation will be provided to the employee for unused Personal Leave. In the event of
the employee's death, such compensation shall be paid to the employee's surviving spouse, or
secondarily, hislher estate.
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ARTICLE 26
SICK LEAVE
Section 26.1 Sick Leave Accrual. All employees shall be entitled to sick leave with pay at the
rate of 5.54 hours per pay period. Sick leave with pay shall accrue without limitation, with the
exception that an employee shall earn the full sick leave accrual each pay period only if the
employee is in full pay status for the entire period. In the event the employee is not in full pay
status for the entire pay period, he shall accrue sick leave at the rate of .069 hours for each one
(1) hour in full pay status during the pay period. New employees shall be granted a three (3) day
sick leave "advance" upon the effective date of their appointment. However, no additional sick
leave will be allowed to accumulate until the end of the third month of employment.
Section 26.2 Use of Sick Leave. Sick leave with full normal pay shall be granted for the
following reasons:
A. Actual illness or disability of the employee;
B. Illness or disability of one or more of the employee's immediate family members,
requiring the employee's personal care and attendance. Immediate family, for the
purpose of this section, is defined as mother, father, spouse, son, daughter, step-son, step-
daughter, legal guardian, or someone who stands in place of a parent. Bargaining unit
members shall be permitted to petition the City Manager for usage of sick leave for
illness of family members outside the definition of immediate family. The parties agree
that the City Manager shall evaluate such requests and may, on a case-by-case basis,
approve such requests, at his discretion.
C. Enforced quarantine of the employee in accordance with community health regulations.
D. Necessary appointments with physicians and dentists.
E. Where injury leave has expired and the employee must be absent from work for an
additional period.
In order to qualify for sick leave payments, the employee must notify his supervisor not later
than one-half (2) hour after his normal starting time on the first day of absence, unless the
circumstances surrounding the absence make such reporting impossible, in which case such
report must be made as soon as possible. Sick leave for doctor or dentist appointments must be
requested forty-eight (48) hours in advance, except in emergency situations.
Absence from work due to a non-duty incurred illness or injury will be compensated for by use
of sick leave.
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In the event an employee requests sick leave for a period of longer than two (2) consecutive
days, or for the day immediately preceding or following a holiday, he/she may be required by
his/her immediate supervisor to submit a doctor's certificate verifying the illness and justifying
the necessity of the absence. If the immediate supervisor determines that an employee's use of
sick leave is not justified, the immediate supervisor shall have the authority to charge the absent
time to the employee's vacation, personal leave, or compensatory time balance or to record the
absent time as leave without pay.
The City Manager, assisted by all supervisory personnel, shall be responsible for preventing
abuses of sick leave. Sick leave shall not be considered leave time which an employee may use
at his discretion for personal business. The employer may require medical proof of the necessity
for said sick leave, in which event the involved employee shall be required to produce a
statement from a medical doctor certifying to the necessity of such absence. In the event the
employee fails to submit adequate proof of the necessity for sick leave, such leave shall be
considered unauthorized leave and shall be without pay. If an employee is found to have abused
this sick leave policy, he/she shall be subject to disciplinary action, including possible
suspension or dismissal.
In the case of pregnancy, the pregnant employee will be permitted to continue working as long as
she is physically capable to do so with the approval of her physician and supervisor. "Physically
Capable" shall mean the ability to satisfactorily perform the normal job duties of the position to
which the employee is assigned, as determined by the City. If deemed necessary by the
employee's administrative superiors, the employee must provide certification from a doctor of
her choice that continued employment will not be detrimental to the employee's health.
Vacation leave, personal leave, compensatory time, or approved leave without pay may be used
to supplement sick leave when the latter is exhausted. All sick leave shall be requested by use of
the established Leave Request Form.
Absence for a fraction of a day that is chargeable to sick leave in accordance with these
provisions shall be charged proportionately in one-quarter hour (114) increments.
Section 26.3 Conversion of Sick Leave. An employee shall be entitled to the conversion of
his/her Sick Leave as follows:
A. Upon Retirement. After at least ten (10) complete years (i.e. 120 months) of continuous
service with the City, an employee, who is laid off or who qualifies for retirement
benefits under the State of Ohio's "Public Employees Retirement System", and actually
retires with a pension from said system shall be entitled to receive payment for accrued,
unused sick leave. The rate of pay for such unused sick leave shall be at the employee's
straight time hourly rate of pay at separation multiplied by one-third (1/3) of the total
number of accrued sick leave hours. Total payment under this provision shall not exceed
540 hours (67.5 paid days). In the event an employee dies while in the employ of the
City, except as provided in paragraph (B) of this section, and the employee qualifies for
retirement under PERS, his spouse, or secondarily, his estate shall be paid the
aforementioned rate of redemption for accrued unused sick leave.
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B. Upon Resignation. After twenty (20) years of non-continuous service with the City of
Dublin, an employee who resigns from City service in good standing (employee's
separation must not be for just cause) and who has a minimum of one thousand two
hundred and eighty (1,280) hours of Sick Leave in his/her Sick Leave balance at the time
of resignation, shall be entitled to convert a portion of his/her unused Sick Leave balance.
The conversion payment under this provision shall be the employee's straight-time
hourly rate of pay multiplied by one-third (1/3) of the total number of unused Sick Leave
hours, up to a maximum of five hundred (500) hours.
C. Annual Conversion. During the month of December of each year, an employee may
convert a portion of his/her accrued but unused Sick Leave to a cash payment subject to
all of the following conditions:
1) The employee must have a Sick Leave balance of at least seventy hundred and twenty
(720) hours at the end of the first pay period in December;
2) The employee must have forty hours (40) hours or less of Sick Leave usage as of the
end of the first pay period in December (FMLA protected leave exempted);
3) The employee may convert no more than forty eight (48) hours of Sick leave to pay;
4) Sick Leave shall be converted at the rate of two (2) hours of Sick Leave to one (1)
hour of pay at the straight time hourly rate of pay;
5) Once Sick Leave has been converted to pay, it shall not be converted back to Sick
Leave.
D. Killed During Performance of Duties. If an employee is killed while performing his
authorized, assigned job duties, his surviving spouse, or secondarily, the estate, shall be
paid for one hundred percent (100%) of the value of the employee's accrued but unused
sick leave, at the straight time rate in effect at the time of death. The amount so paid
shall constitute payment in full for all accrued and unused sick leave credited to the
employee.
Section 26.4 Sick Leave Transfer from Prior Public Emplover. Any employee who has
accrued sick leave with the State of Ohio or any political subdivision of the State shall be entitled
to have this accrued sick leave transferred to the City of Dublin, provided the employee was
hired by the City within ten (10) years of resignation/separation from the prior public Employer,
and provided the City receives written verification of such prior service from the prior public
Employer.
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ARTICLE 27
HOURS OF WORK AND OVERTIME
Section 27.1 Workweek. The workweek normally consists of forty (40) hours based on five (5)
consecutive eight (8) hour work days followed by two (2) consecutive days off.
Section 27.2 Overtime. Employees shall be compensated at straight-time rates for all hours
worked, as well as in paid status, except that all hours worked, or in paid status, in excess of
forty (40) hours in any workweek shall be compensated for at a rate of time-and-one-half (1-1/2).
No employee shall be paid for overtime work which has not been authorized by a supervisor.
Section 27.3 Seventh Consecutive Day of Work. When an employee is required by an
appropriate supervisor to work on the seventh consecutive day within his scheduled work week,
and the employee has actually worked or has been in paid status the five (5) previous days plus a
minimum of three (3) hours on the sixth (6th) consecutive day of work, that employee shall be
compensated at the rate of doubletime for all hours worked on the seventh consecutive day. For
purposes of this section, the seventh (7th) day shall be considered to start at 12:00 midnight and
end at 11 :59 p.m.
Section 27.4 Call In Pay/Show-Up Pay. When an employee is called in or scheduled in
advance for work by an appropriate supervisor, and the employee reports for said work more
than thirty (30) minutes after the completion of his shift, the employee shall be paid for a
minimum of three (3) hours at the appropriate overtime rate or be credited with a minimum of
three (3) hours of compensatory time at the appropriate overtime rate.
Section 27.5 Compensatory Time. At the election of the employee, overtime may be
compensated with compensatory time off in accordance with the provisions of the Fair Labor
Standards Act. Such compensatory time off shall be equal to one and one-half (1-1/2) times or
two (2) times, whichever may be applicable, for each one (1) hour of overtime worked. The
maximum number of accumulated compensatory hours permitted in an employee's compensatory
time bank, at any point in time, shall be two hundred forty (240). After an employee's maximum
compensatory time bank has reached 240 hours, all additional overtime for such employee shall
be paid at the appropriate overtime rate. If at the end of each calendar year (December 31,) the
employee has one hundred sixty (160) hours of compensatory time in his compensatory time
bank, he shall be permitted to convert up to fifty (50) hours of compensatory time in said bank to
cash. The calculation for converting Compensatory Time to cash shall be the employee's
established hourly rate of pay multiplied by the number of hours the employee desires to convert.
In the event the employee wishes to exercise this option, it shall be his responsibility to forward a
memorandum to the Department of Finance specifying the number of hours he wishes to convert
to cash, prior to the end of the first pay period in the new calendar year. The cash conversion
will then be paid in the form of a separate payroll check and shall be forwarded to the employee
on the scheduled pay date at the conclusion of the second pay period in the new year.
Section 27.6 Payment For Accrued Compensatory Time Upon Separation. An employee
who has accrued compensatory time shall, upon the termination of employment for any reason,
be paid for the unused compensatory time at the rate of pay received by the employee at the time
of separation. In the event of any employee's death, such compensation shall be paid to the
employee's surviving spouse or, secondarily, his estate.
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Section 27.7 Use of Compensatory Time. Any request for compensatory time of more than
eight (8) consecutive hours use shall be submitted at least seventy-two (72) hours in advance of
its requested usage. The notice period may be waived in cases where circumstances make
compliance impracticable. Requests for eight (8) or less consecutive hours use may be submitted
with less than seventy-two hours' notice and may be approved, as scheduling and operational
needs of the Division permit such usage. Compensatory time may be requested in multiples of
one-quarter hours.
ARTICLE 28
REINST A TEMENT FROM CERTAIN PERSONNEL ACTIONS
Section 28.1 Reinstatement from Resignation. Any employee who voluntarily resigns his
position within the bargaining unit, may be reinstated to a full-time position within the same job
classification from which he resigned if there is a need for his services within two (2) years after
the date of resignation, subject to approval by the City Manager. If there is no vacancy at the
time of request for reinstatement, the Human Resource Director shall place the name of said
applicant at the top of the appropriate re-employment list for the remainder of the two (2) year
period.
Section 28.2 Reinstatement from Military Service. Pursuant to the Ohio Revised Code
Section 4903.03, any employee who leaves, or has left, the City service to enter the active
service of the Armed Forces of the United States, or any branch thereof, and who is subsequently
reinstated to employment with the City, shall be entitled to receive compensation at the Step rate
to which the employee would have been entitled had service with the City not been interrupted
by service in the Armed Services. Reinstatement rights are also governed by the Uniform
Services Employment and Re-Employment Rights Act ("USERRA").
Section 28.3 Reinstatement from Authorized Leave. Time spent on authorized leave shall be
credited for purposes of step advancement and shall not constitute a break in service.
ARTICLE 29
VACATION LEAVE
Section 29.1 Vacation Year. The vacation year for employees shall end at midnight on
December 31 of each year.
Section 29.2 Conditions for Accrual. Employees shall accrue vacation leave per pay period at
the annual rate set forth in Section 29.4. In addition, an employee shall not earn his full vacation
accrual in a given pay period unless he is in full pay status (i.e. on duty or on approved leave
with pay) in the entire pay period. In the event an employee is not in full pay status during the
entire pay period, he shall accrue vacation on a pro-rated basis taking into account the number of
hours in full pay status during the pay period and his rate of accrual at that given time. The
formula for pro-rating the employee's accrual under such circumstances shall be the number of
hours in full pay status multiplied by the converted hourly accrual rate.
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Section 29.3 Prior Public Service Credit. An employee who has prior public service with any
state government, or any political subdivision thereof, may receive credit for his prior service
with such entity, for the purpose of computing the amount of his vacation leave with the City, if
the nature of said service is relevant to the nature of his service with the City of Dublin.
A new employee of the City with less than one (1) year of prior public service, as described
under this Section shall not, within the first six (6) months of his employment with the City,
accrue or use vacation leave and, during the remaining six (6) months of his first year of
employment, said employee shall accrue and be entitled to use up to a maximum of 40 hours of
vacation leave.
A new employee of the City, with more than one (1) year of prior public service, as described
under this Section, shall be entitled to accrue vacation leave immediately upon appointment,
pursuant to the schedule and conditions established in this Section, provided that proper
verification of said prior public service is received by the City, and said employee shall be
entitled to use vacation leave after three months of service.
Section 29.4 Vacation Accrual Schedule. Each employee shall be entitled to vacation leave
based upon the following vacation accrual schedule:
Completed Years of Public Service Paid Vacation (Hours Per Year)
0- 1 Year 40 Hours
2 - 4 Years 108 Hours
5 - 10 Years 142 Hours
11 - 15 Years 172 Hours
16 - 20 Years 194 Hours
21 Years or More 226 Hours
Section 29.5 Vacation Carry-Over. An employee may carryover from one calendar year to
another a maximum of 160 hours of vacation leave previously earned but not used.
Section 29.6 Vacation SchedulinglUse. The Division/Department shall attempt to honor all
vacation requests in the following manner with the understanding that all vacation leaves shall be
taken at such time or times at the discretion of and as approved by the Division Head.
A. Annual Scheduling. In December of each year, the Division shall post a vacation
schedule for the following year. Employees shall submit written requests for vacation
leave by January 1. In cases of conflict, seniority shall control as to granting of requests
for vacation leave. In the event an employee's request is disapproved, that employee
shall have seventy-two (72) hours to resubmit an alternate request for consideration.
During said seventy-two (72) hour period of time, vacation requests from other
employees with less seniority shall not be approved. In the event the employee does not
resubmit his alternate request within said seventy-two (72) hour time period, vacation
requests from other employees with less seniority may then be approved.
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B. Casual Scheduling. For other than annual scheduling, employees may request occasional,
casual use of vacation leave. Approval of such casual vacation leave shall be on a first-
come first-served basis.
C. Vacation leave may be taken in multiples of one-quarter (114) hour.
D. Vacation Leave shall not be used to artificially extend the separation date of an
employee's resignation from employment with the City. The effective date of an
employee's resignation from employment shall be the same as the employee's last day
worked.
Section 29.7 Rates of Pay for Vacation Hours. All vacation hours shall be paid at the
applicable straight time rates; however, an employee ordered to work while on approved
vacation leave shall be paid at the double time rate, with a minimum guarantee of four (4) hours
pay for each such call-in.
Section 29.8 Payment for Accrued Vacation Leave Upon Resignation/Separation and
Death. Employees are encouraged to utilize the vacation benefit for the purpose for which it is
intended - e.g. rest, relaxation, travel, etc. Therefore, payment for accrued vacation leave in lieu
of actual use shall not be approved, except when an employee resigns from employment with
two weeks' notice, is terminated by the City, dies, or is laid off. In such cases where payment for
accrued vacation leave is authorized in lieu of its actual use, the maximum amount of vacation
for which the employee may receive payment shall not eXQeed one hundred sixty (160) hours. In
the event of an employee's death, compensation for unused vacation leave shall be paid to the
employee's surviving spouse or, secondarily, his estate.
ARTICLE 30
INJURY LEAVE
Section 30.1 Injury Leave with Pay. When an employee's absence from work is necessitated
because of an illness or injury incurred while on the job with the City and said illness or injury is
compensable under Ohio Worker's Compensation Law, injury leave shall be granted for a period
not to exceed one hundred eighty (180) calendar days after the date of injury. Such leave shall
be granted by the City Manager, or his designee, based upon the recommendation of the
Division/Department Head and upon submittal by the employee of a statement from a licensed
physician justifying that the employee is unable to return to full work status due to the illness or
InJury. Such leave shall not be charged against the employee's sick leave balance unless it is
determined that the illness or injury is a non-work-related illness or injury and is not
compensable under Ohio Worker's Compensation Law. In order to be eligible for injury leave,
the employee must report the illness/injury to his supervisor within three (3) work-days of the
incident giving rise to the illness/injury.
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Simultaneously with the request for injury leave, the employee shall make application and
actively pursue a claim for lost wage benefits under Ohio Workers' Compensation Law. If the
application for benefits is granted and the claim allowed, the City's obligation under the
continued use of injury leave would be the monetary difference between the employee's regular
rate of pay and benefits received under the Workers' Compensation system. However, as an
alternative to lost wage benefits from Workers' Compensation, the City retains the right to
continue approving injury leave in lieu of the employee pursuing lost wage benefits through
Workers' Compensation.
In cases where injury leave or medical leave are necessary, the City may employ a limited-duty
work program which will provide for the attempted placement of Divisional personnel who are
unable to perform in their normal capacity. The limitations imposed on injury leave shall be
considered as limitations on leave granted as a result of each incident of a work-related
illness/injury, rather than limitations on leave to be granted in anyone calendar year or other unit
of time.
ARTICLE 31
SPECIAL LEA VES
Section 31.1 Leave Without Pay. Leave without pay may be granted, upon the approval of the
City Manager, or his designee, if requested in writing by the employee. An employee on leave
without pay shall not accrue sick leave or vacation benefits and, for non-medical/non-family
leave situations or for the period beyond twelve (12) weeks of family or medical leave, the
employee will also be required to pay 100% of the cost associated with maintaining his medical,
dental, vision, and/or life insurance coverages if he wishes any or all of said coverages
continued. Failure of any employee to report promptly at the expiration of such leave of absence
shall be considered as a resignation. Leave without pay may be granted for:
A. Personal Leave. A leave without pay may be granted at the discretion of the City Manager,
or his designee, for personal reasons not to exceed thirty (30) days without loss of seniority,
if the employee can be spared. This may be extended only with the written approval of the
City Manager, or his designee, and must be submitted in writing a minimum of two weeks
prior to the requested date of the extension.
B. Extended Illness or Accident Leave. A leave without pay may be granted to an employee
for a period not to exceed one (1) year without loss of seniority when such employee is
physically unable to report for work because of illness or accident. The employee must
promptly notify his supervisor of the necessity therefore (and the supervisor shall transmit
the request to the City Manager, or his designee, for approval), and the employee must
supply certification from a qualified physician attesting to the necessity for such absence.
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C. Maternity Leave. A maternity leave without pay may be granted to an employee without
loss of seniority upon approval of the City Manager, or his designee. Extension of the leave
may be granted for a period not to exceed one (1) year, if the employee's physician states in
writing that such an extension is needed for recuperative health reasons related to pregnancy.
Leave without pay during the probationary period shall not be counted part of that period.
D. Militarv Leave (Active Dutv). Except as may otherwise be specifically provided herein, an
employee may be granted a leave of absence without pay to be inducted into or otherwise
enter the military on an active duty basis.
E. Contract Administration Leave. Leave without pay shall be approved for a unit
chairperson or Unit Griever or unit secretary for a period of time, cumulatively, not to exceed
a total of ten (10) calendar days per calendar year for labor contract administration and
enforcement training. The employee shall advise the supervisor with as much advance
written notice as possible, but in no case with less than forty-eight (48) hours written notice
indicating the approximate time required to attend the training and the nature of the training.
Section 31.2 Leave with Pay. Leave with pay shall be granted upon the approval of the City
Manager, or his designee, to an employee in the following instances:
A. Court Leave. Leave with pay shall be granted to an employee in order that he may serve
required jury duty or if he is required by law to appear in a case resulting directly from the
discharge of his duties as a City employee. In such cases, all witness or jury fees shall be
signed over to the City.
B. Bereavement Leave. In the event of a death in an employee's family, the employee shall be
entitled to up to three (3) consecutive paid work days for a funeral service and/or burial,
charged against the employee's existing sick leave balance, and an additional two (2) days,
also charged against sick leave, for such services out of state, if needed for these purposes.
Additional days of sick leave may be approved by the City Manager, or his designee, on a
"case-by-case" basis, given the merits of each particular set of circumstances. The family,
for purposes of bereavement leave, shall include: spouse, son, daughter, brother, sister,
parent, legal guardian, person who stands in place of a parent, grand-parent, grandchild, step-
father, step-mother, step-brother, step-sister, step-son, step-daughter, mother-in-law, father-
in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, grandparent-in-Iaw, half
brother and half sister, aunt, uncle, or any other relative living in the home of the employee.
C. Militarv Reserve Leave. A member who, as a member of the Ohio National Guard, the
Ohio Defense Corporation, the Ohio naval Militia, or as a reserve member of the Armed
Forces of the United States, is called upon to receive temporary military training, shall be
entitled to a leave of absence with pay for a period or periods not to exceed twenty-two (22)
eight (8) hour work days or 176 hours in anyone (1) calendar year. A member qualifying for
paid military leave who is called or ordered to the uniformed services for longer than the
above period shall be paid for the remaining time beyond the first twenty-two eight (8) hour
work days or 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.
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D. FamilvIMedical Leave (FMLA Leave). Pursuant to the Family and Medical Leave Act of
1993, FMLA leave may be granted to an employee who has been employed for at least
twelve (12) months by the City and who has provided at least 1,250 hours of service during
the twelve (12) months before the leave is requested. The leave may be granted up to a total
of twelve (12) weeks during any twelve (12) month rolling period for the following reasons:
. Because of the birth of a child or placement for adoption or foster care of a child;
. In order to care for the spouse, son, daughter, parent, or one who stood in place of
a parent of the employee, if such spouse, son, daughter, parent, or "in loco
parentis" has a serious health condition;
. Because of a serious health condition that makes the employee unable to perform
his/her employment functions.
The employee must provide the employer with thirty (30) days advance notice of the leave, if
such leave is reasonably foreseeable, or such notice as is practicable if thirty (30) days notice
is not possible. The employee must provide the employer with certification of the condition
from a health care provider. The employer, at employer's expense, may require a second
opinion on the validity of the certification. If this second opinion contradicts the first opinion
submitted by the employee, a third opinion, at the employer's expense, shall be sought from a
mutually agreeable physician, which shall be binding on both the employee and employer.
An employee seeking FMLA leave must first use paid sick time (if applicable), vacation,
pe.rsonal leave,. and compensatory time before going on unpaid leave. The total amount of
family leave paid and unpaid will not exceed a total of twelve (12) weeks. In any case in
which a husband and wife entitled to family leave are both employed by the City, the
aggregate number of workweeks of leave to which both may be entitled may be limited to
twelve (12) weeks taken because of the birth of a child or placement for adoption or foster
care of a child. The employee will be responsible for his/her share of the health insurance
cost (if any) during the unpaid leave. If the employee does not return from the leave, he/she
is responsible for payment to the City of the monthly Single/Family rate paid by the City on
behalf of the employee during the leave. The City may, at its sole discretion, waive the
repayment of such amount. The City will be responsible for the 30 day plan costs under
COBRA.
It is intended that this Article comply with the Family and Medical Leave Act of 1993 and
the City may promulgate policies in furtherance of the Family and Medical Leave Act that
are not inconsistent with this Agreement.
E. Other. Leave with pay may be granted by the City Manager, or his designee, for good and
sufficient reasons which are considered to be in the best interest of the City, but only in the
event of extraordinary circumstances.
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ARTICLE 32
LEA VE DONATION PROGRAM
Section 32.1 Purpose. The purpose of this Article is to establish regulations governing the
operation of a Leave Donation Program that allows employees to voluntarily donate sick leave,
vacation leave, personal leave, or compensatory time to another employee when the employee
experiences a catastrophic illness/injury, or when such an employee's immediate household
family member experiences such an illness or injury requiring the employee's personal care and
attendance, and the employee has exhausted all of his/her sick leave, vacation leave, personal
leave, compensatory time, or other applicable paid leave balance.
Section 32 .2 Definitions.
Catastrophic IIInesslIniurv - a devastating illness or injury that is expected to incapacitate the
employee or a member of the employee's immediate household family for an extended period of
time, provided that taking extended time off from work creates a financial hardship for the
employee because he/she has exhausted all leave balances. Catastrophic illnesses or injuries
would commonly include, but are not necessarily limited to, the following: cancer, AIDS, heart
attack, heart surgery, stroke, or permanent paralysis.
Donation - the act of voluntarily, unconditionally, and irrevocably surrendering a portion of
one's sick leave, vacation leave, personal leave, and/or compensatory time to a qualified
employee.
Immediate Family Member - Mother, father, spouse, son, daughter, stepson, stepdaughter,
legal guardian, or someone who legally stands in place of a parent.
Section 32.3 Program Regulations
A. Eligibility
Eligibility to donate leave or to receive donated leave under this program shall be
limited to United Steelworkers bargaining unit members and all Non-Union personnel
of the City serving in full-time permanent positions. Eligibility to receive donated
leave under this program shall also be limited to those employees who have a total of
120 hours or less in all forms of paid leave in the aggregate (i.e. sick leave, vacation
leave, personal leave, compensatory time) at the time of their written request to
receive donated leave, and who have not been disciplined for leave abuse the two (2)
years prior to the date of their request to receive donated leave.
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B. Request for Leave
When an employee has less than a total of 120 hours in all forms of paid leave (as
specified above) in the aggregate, the employee or the employee's Division Head
(with the employee's consent) may initiate a request for assistance. The request shall
be forwarded to the affected employee's Department Head for review and
consideration of the facts and circumstances specific to the employee's need. Such
review shall include, but not necessarily be limited to, an assessment of a written
certification from the employee's physician regarding the employee's or family
member's medical condition, an analysis of the employee's sick leave usage and
overall work history with the City of Dublin, and consideration of input provided by
the Department's supervisory/managerial staff. Following this review by the affected
employee's Department Head, the Department Head may recommend approval for
receipt of donated leave to the City Manager. The City Manager shall make the final
decision regarding approval of the employee's request. The final decision to approve
or disapprove the request rests within the sole discretion of the City Manager.
C. Donation Process, Procedures & Requirements
Should the employee's request to receive donated leave be approved by the City
Manager, employees (herein called donors) who desire to contribute leave time shall
complete a "Leave Donation Form", a copy of which is attached. Such forms shall be
made available by the Division of Human Resources/Procurement and by each
Department/Division. The donor shall designate on the form- the name of the
employee who is to be the recipient of the donated leave and the amount of such
donated leave.
Leave shall be donated in the following sequence and amounts for each approved
recipient:
1) The first eight (8) hours of any donation shall be vacation leave. If the donor does
not have vacation time available, this requirement may be waived or reduced by
the Department Head.
2) The second eight (8) hours of any donation shall be personal leave, compensatory
time, or vacation leave. If the donor does not have eight (8) hours of such leave
available, this requirement may be waived or reduced by the Department Head.
3) After sixteen (16) hours of vacation leave, personal leave, or compensatory time
have been donate, or waived as specified above, sick leave may then be donated.
Sick leave donations shall be limited to forty (40) hours. After forty (40) hours of
sick leave donation has been reached, the entire donation sequence may begin
again starting with item # 1 above.
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D. Minimum Donation Increments
The minimum amount of leave time which can be donated shall be one (l) hour.
Donors may contribute any amount of time at or above one (1) hour in whole
amounts (no fractions of an hour can be transferred). However, the donor shall not be
allowed to donate an amount of leave which would reduce the donor's leave balance
or combination of balances below one hundred and twenty (120) hours of available
leave time.
E. Divisional Coordinator
Should the employee's request to receive donated leave be approved by the City
Manager, the employee's Division Head shall designate another employee of the
same Division to serve as "Divisional Coordinator". The role of "Divisional
Coordinator" shall be to facilitate the flow of information and to maintain a direct line
of communication with the recipient. Upon approval of all Leave Donation Forms by
the donor's Department Head, all such forms shall be forwarded directly to the
"Divisional Coordinator". The "Divisional Coordinator" shall collect all such forms,
determine the proper number of hours necessary to satisfy the recipient's need, on a
pay period-by-pay period basis, match the donated leave hours to the established need
(again on a pay period-by-pay period basis), and forward the required number of
Leave Donation forms with the recipient's time sheet directly to the Department of
Finance.
Should the number of donated leave hours exceed the recipient's need for a given pay
period, those excess donated leave hours will be held in reserve by the "Divisional
Coordinator" and will be used to satisfy the recipient's continuing future need for
such hours. Should the recipient's eligibility to receive donated leave cease, in
accordance with Section 32.3 K. ("Eligibility Ceases"), and donated hours remain in
the above referenced reserve, these hours will be returned to the donor within a
reasonable period of time thereafter. (It is critical to note that once donated leave
time is forwarded from the "Divisional Coordinator" to the Finance Department, and
such donated leave time is actually physically transferred from the donor's leave
balance to the recipient's sick leave balance, the donor has no right to recover any
portion of such leave time.)
F. Donation Credited
Upon receipt of all approved Leave Donation Forms, the Department of Finance will
credit all donated leave time to the recipient's sick leave balance.
G. Conditions on Receipt of Leave
Before an employee may receive the donated leave, he/she must have exhausted all of
his/her sick leave, vacation leave, personal leave, compensatory time, or other
applicable leave balances available to him/her (excluding the exception listed below).
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Exception: One leave balance designated by the employee (other than sick leave)
may contain no more than twenty-four (24) hours of leave time. Such leave time will
be held in reserve to allow the employee the opportunity to take some time off
following the end of the catastrophic situation, should such time off be needed to
attend to family needs.
H. Prohibition on Continued Accrual of Leave
While using donated leave, the employee shall not accrue or receive any leave time in
excess of the twenty-four (24) hours identified in item G above.
I. Prohibition on Conversion to Cash
All donated leave time, regardless of the type, shall be considered to be sick leave and
shall only be used under the conditions of sick leave as set forth in the Collective
Bargaining Agreement or the City Personnel Code (whichever is applicable). No
cash payments shall be provided to the employee or the surviving spouse of the
employee under this program.
J. Continuation of Medical, Dental, Vision, Life Insurance And Other Benefits
Employees using donated leave shall be considered to be in paid status solely for the
purpose of receiving all medical, dental, vision, and life insurance benefits, step
increases, merit increases, longevity payments, and seniority credit to which they
would have otherwise been entitled. However, original or promotional probationary
employees using such leave shall have their probationary periods extended by the
same length of time for which the employee has used the donated leave.
K. Eligibility Ceases
Eligibility to receive donated leave under this program shall cease upon certification
from the employee's physician that he/she is capable of engaging in sustained regular
employment, certification from the employee's family member's physician
documenting the family member's recovery from the catastrophic illness/injury, an
employee's application for disability retirement is approved by the appropriate
retirement system (Public Employee's Retirement System of Ohio), or death of the
employee or employee's family member, whichever should first occur.
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ARTICLE 33
MEDICAL, DENTAL, VISION & LIFE INSURANCE
Section 33.1 Medical, Dental, & Vision Benefits. The City shall make available group
medical, prescription drug, dental, and vision benefits to all employees and dependents who meet
the eligibility requirements of the plan. Said benefits will be made available with no contribution
on the part of the employee other than the required deductibles, co-payments, co-insurance, and
annual out-of-pocket maximum associated with the program. The plan design of this program
shall be substantially the same as in effect as of July 14, 2004, with the following exceptions, all
of which shall be effective upon execution of the Agreement:
Medical
Emergency Room
. A $50 charge shall be applied to each visit to the emergency room of any hospital (in
addition to any applicable deductibles/co-payments). This $ 50 charge does not apply
for the out-of-pocket maximum. This $50 per visit charge shall be waived if admitted
to the hospital through the emergency room.
Prescription Drugs
- -
. A separate prescription drug co-payment shall be implemented for generic and brand
name drugs.
. For the remainder of 2004, the co-payment for brand name drugs obtained at the
retail pharmacy shall be $20.00. Effective January 1,2005 this co-payment shall be
increased to $25.00. Should no generic drug be available, or should the employee's
doctor prescribe a brand name drug under "dispense as written" instructions, the
employee shall only be required to pay the generic co-payment.
. For the remainder of2004, the co-payment for generic drugs obtained at the retail
pharmacy shall be $8.00. Effective January 1,2005, this co-payment shall be
increased to $10.00.
. For the remainder of2004, the co-payment for a three-month supply of generic drugs
obtained through mail order shall be $5.00; effective January 1, 2005, this co-
payment shall be increased to $10.00; and effective January 1,2006, this co-payment
shall be increased to $15.00.
. For the remainder of 2004, the co-payment for a three-month supply of brand name
drugs obtained through mail order shall be $10.00; effective January 1, 2005, this
co-payment shall be increased to $20.00; and effective January 1, 2006, this co-
payment shall be increased to $30.00. Should no generic drug be available, or should
the employee's doctor prescribe a brand name drug under "dispense as written"
instructions, the employee shall only be required to pay the generic co-payment.
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Co-Insurance Provision
. A separate Co-Insurance amount shall be implemented for "in-network" and "out-of-
network" medical services.
. For the remainder of2004, and thereafter for the term of this agreement, an 80/20 Co-
Insurance Provision (Plan pays 80%, plan member pays 20%) shall be implemented
for "out-of-network" general medical services. (The current 90/1 0 Co-Insurance
provision shall be retained for "in-network" services.)
. For the remainder of 2004, the coverage level for "in-network" diagnostic testing, x-
rays, and lab work shall be improved by changing the Co-Insurance from the current
80/20 to 90/1 O. (The current 80/20 Co-Insurance for diagnostic testing, x-rays, and
lab work shall be retained for "out-of-network" diagnostic testing, x-rays, and lab
work. )
Out-of-Pocket Maximums
. The following schedule of Out-of-Pocket Maximums for "in-network" and "out-of-
network" services shall be implemented:
OUT-OF-POCKET MAXIMUMS
IN-NETWORK
.........yeat ..... ..... . "1_ _1 Coverage FamilY Coverage.
/ .
Remainder of 2004 $500 $750
Beginning 1-1-2005 $500 $1 ,000
OUT-OF-NETWORK
Year Single Coverage Family Coverage
Remainder of 2004 $500 $750
Beginning 1-1-2005 $750 $1,250
Beginning 1-1-2006 $1 ,000 $1,500
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. The annual Out-of-Pocket Maximum can be reached by a family in two ways.
Should anyone family member reach the single annual out-of-pocket amount under
this schedule, his/her claims shall be paid at 100% from that point forward the
remainder of the calendar year; or should all family members' out-of-pocket expenses
combined reach the family annual maximum out-of-pocket amount, every family
member's claims shall be paid at 100% from that point forward the remainder of the
calendar year.
Dental
. The annual maximum benefit for preventive/diagnostic services, basic services, and
major services shall be increased to $1,500 per plan member.
Vision
. The schedule of allowances for Lenses shall be amended such that the Plan's 80%
coverage shall not exceed $125.00 for all spectacle lens types.
. The schedule of allowances for Cosmetic contact lenses shall be amended such that
the Plan's 80% coverage shall not exceed $125.00 in lieu of spectacle lenses and
frames.
Section 33.2 Change in Carriers. If it becomes necessary to change carriers, and such change
would affect the benefits under the plans, the Employer agrees to meet with representatives of
the Bargaining unit prior to implementing the change in order to negotiate the impact of any
proposed change.
Section 33.3 Life Insurance. Effective upon execution of this Agreement, the City shall
provide group term life insurance coverage in an amount equal to 1.5 times each employee's
annual base compensation rate, with a minimum coverage level of $50,000 and a maximum
coverage level of $150,000. The full premium for this coverage shall be paid by the City. For
purposes of administrative efficiency, the annual base compensation rate in effect on December
315t of each year shall be used to calculate the amount of life insurance the employee will have
the following year (e.g. annual base compensation level in effect on 12-31-2004 shall be used to
calculate the life insurance amount the employee will have during the 2005 calendar year). In
addition, the coverage reduction provisions within the existing life insurance policy in effect as
of July 14, 2004, which begins at age 65, shall remain in the life insurance policy under the new
Agreement. Coverage amounts shall be doubled if the employee is killed while performing
his/her assigned job duties for the City.
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ARTICLE 34
TRAINING AND TUITION REIMBURSEMENT
Section 34.1 Training. In recognition of the value of continuing education and professional
development of employees, the City agrees to provide training opportunities for employees
within the bargaining unit at the City's expense. This training may be either initiated by the City
pursuant to a training schedule or by the employee, with the approval of the Division Head or his
designee. The training shall be related to an employee's performance of his job duties or in
preparation for job duties which may be assigned to the employee after completion of training.
Reasonable effort shall be made to accommodate the training to the employee's regular work
schedule. The Division shall endeavor to provide as much advanced notice as practical to
employees regarding their training schedules. In that this training is a work-related duty, the
employee shall receive all pay and benefits to which he is otherwise entitled during training.
The expense for employees who are required or requested to attend training schools, seminars, or
other instructional or educational programs, including examination to increase their knowledge
and further their competency in their occupation with the Employer, shall be paid by the
Employer as follows:
A. Registration fees, tuition charges for the training school, seminar, or educational or other
instructional programs.
B. The employer shall pay for meals when not provided by the tuition.
C. The employer shall pay the current rate for mileage, as determined by the IRS, when an
employee is not provided with 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
Head. All other travel shall be considered to be non-work-related and non-reimbursable.
Bus, train, or airfare at tourists rate will be provided for lengthy trips when travel is approved
by the City Manager.
D. Hotel or motel charges when lodging is not provided as a term of tuition payment.
E. Hourly rates will be paid when schools or training are scheduled during regular working
hours.
F. All necessary tools and equipment required by the course of instruction.
Checks may be issued in advance for paragraphs A and D of this Section.
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Section 34.2 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 shall be eligible
for a maXimum of Two Thousand Seven Hundred Fifty Dollars ($2,750.00) ill
reimbursement per calendar year for fees and required textbooks, and courses of instruction
voluntarily undertaken. Courses of instruction eligible for reimbursement under this program
shall include courses necessary for job-related degree programs or courses of study not
necessarily within 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.) shall be eligible for reimbursement under this
program. No reimbursement shall be approved for correspondence courses.
B. Necessary Approval. All coursework subject to reimbursement shall be transmitted, in
advance and through the Division/Department Head, to the Director of Human Resources for
approval. The Division/Department Head shall provide a written recommendation
concerning approval/disapproval of the request at time of transmittal to the Director of
Human Resources. If practicable, an employee shall make application for approval of
coursework at least fifteen (15) days prior to commencement of the course of study. The
Director of Human Resources shall evaluate the employee's coursework/degree program for
job-relatedness and shall notify the employee, in writing, regarding his approval/disapproval
of said course-work/degree program on that basis. The City agrees that approval of
coursework/degree program will not be unreasonably withheld. An employee may receive
blanket approval for an entire degree program Dr 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 portiones) 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 72 hours of
notification from the Director of Human Resources. The City Manager will issue a written
decision on the employee's appeal within five (5) working days of receiving said appeal.
C. Course Attendance. Courses are to be taken on other than scheduled working hours, unless
approval is obtained from the Division Head, or his designee, to take such courses on work
time.
D. Reimbursement Procedure. Reimbursement shall be made upon successful completion of a
course with a grade of C (2.00) or better. The employee shall submit an official transcript or
certificate demonstrating successful completion of the course and a receipt from the
institution confirming the employee has paid for tuition, fees, and required textbooks. Any
financial assistance available to an employee shall be deducted from the amount of tuition
reimbursement that would otherwise be payable. The employee shall not be reimbursed for
incidental expenses such as paper or supplies, mileage, parking, meals, or other expenses
other than tuition, fees, and required textbooks.
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E. Payback for Early Separation. In the event that an employee separates his/her service with
the City within the first year after reimbursement, the employee must pay back 100% of the
reimbursement. If an employee separates servIce within the second year after
reimbursement, the employee must pay back 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 35
TRAINING ASSIGNMENTS
Section 35.1 Compensation. Any bargaining unit member who, when designated to serve in a
training capacity, where the training is substantial enough to require prior planning, preparation,
scheduling, and notice, shall be entitled to two (2) hours of compensatory time for each eight (8)
hours of training time spent with the trainee. In order for the training designation to be valid, it
must be issued at the Maintenance Supervisor level or above.
ARTICLE 36
EMERGENCY OVERTIME & "ON-CALL"
Section 36.1 Emergency Overtime Assignments. The employer and the Bargaining Unit
mutually recognize that certain services provided by the employer are "emergency" in nature to
secure the public safety, health and welfare. Such "emergency overtime assignments" cannot be
anticipated. Therefore, to the benefit of both parties, it is necessary to set forth a process to
ensure the necessary personnel are readily available for emergency response. This Article is
established to aid in the process but not intended to undermine the intent of Section 20.4. For
purposes of this Article, "emergency overtime assignments" shall mean unanticipated and
unplanned event(s) of an emergency nature that require immediate response outside of an
employee's regular work schedule. In order for the employer to be prepared to respond to
potential unanticipated and unplanned emergencies, an "on-call" system is established.
Section 36.2 "On-Call" - Posting and Sign-Up. The employer shall use the following process
when the employer determines it necessary to place employees in an "on-call" status:
A. The employer shall determine and post the dates, times and number of personnel
necessary to satisfy "on-call" needs.
B. The division shall post for a minimum of ten (10) calendar days, by work unit, the
opportunity for interested employees to volunteer for "on-call" status. Work units
shall consist of those members of the Bargaining Unit Agreement who are groups as
follows: 1. Fleet maintenance 2. Custodial Services 3. Grounds Maintenance 4.
Facilities Maintenance 5. Streets & Utilities 6. Sign Shop.
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C. Employees serving in an "on-call" status shall serve in such status for periods of
seven (7) days at a time.
D. The number of positions to be posted by the City for "on-call" status shall not exceed
a total of 25 for all work units combined and no more than ten (10) from anyone
work unit. The Bargaining unit shall make a good faith effort to fill the list.
E. The Division shall only assign pagers/mobile phones to those employees serving in
on-call status.
Section 36.3 "On-Call" - Communications. The employer shall provide and maintain, at its
expense, the necessary communication device (pager, mobile phone, etc.) to those Bargaining
Unit members in an "on-call" status. In order to be in an "on-call" status and/or while in an "on-
call" status, the employee must be in the "coverage area" of the communication device provided
by the City.
Section 36.4 "On-Call" - Notification. Those Bargaining Unit Members in an "on-call" status
will be notified of the need to fulfill an emergency overtime assignment via the communication
device provided per Section 36.3, above. The Employer will make the necessary notification by
"calling" (not two-way) the Bargaining Unit Members in the "on-call" status by Division and
work unit by seniority. The Employer will call members from most senior to least senior. If a
member does not immediately answer when called, the employer shall go to the next most senior
member on the list and continue this process until the necessary numbers of members respond.
If not enough members respond after calling all members in the "on-call" status for that work
unit, the employer may either start at the top of the list again, then initiate calls to members of
the same work unit, not in an "on-call" status. Should the employer determine the "on-call" list
does not possess the appropriate skilled personnel to deal with a particular situation on hand, the
employer reserves the right to call in the appropriately trained personnel. Those in the "on-call"
status will still receive "on-call" pay.
Section 36.5 "On-Call" - Response. Those Bargaining Unit Members in an "on-call" status
shall verbally respond to a notification immediately upon receipt. Once the Bargaining Unit
Member verbally responds, he/she must report to the Service Center within 35 minutes, under
normal driving conditions. Failure to respond, verbally and/or physically, to a notification while
in "on-call" status will result in a forfeiture of hislher "on-call" pay for that day. Failure to
respond to a notification twice in one seven day period, while in "on-call" status, may result in
the Bargaining Unit member being barred from "on-call" status for no longer than two (2)
consecutive weeks.
Section 36.6 "On-Call" - Inability to Perform. If a Bargaining Unit Member cannot meet the
obligation of the "on-call" status for which he/she has been selected, he/she must provide forty
eight (48) hours notice to the "on-call" supervisor in advance. The Member will then not be paid
"on-call" pay for those hours not in an "on-call" status. Repeated requests from a Member to be
removed from "on-call" status may result in the Bargaining Unit member being barred from "on-
call" status for no longer than two (2) consecutive weeks.
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Section 36.7 "On-Call" - Fit for Duty. Bargaining Unit Members placed in an "on-call" status
must refrain from alcohol/drug consumption and activities, which may preclude him/her from
being fit to perform assigned work when responding to a notification.
Section 36.8 "On-Call" - Pay. Bargaining Unit Members in "on-call" status shall be
compensated at the rate of $1.05 per hour for those hours in "on-call" status outside the
employee's normally scheduled work hours and when not in an overtime status. Further, hours in
an "on-call" status do not constitute hours in paid status for purpose of computing overtime. The
calculation of hours worked for an employee in "on-call" status will commence upon the
employee speaking with the "on-call" supervisor and confirming that he/she is responding to
work the emergency until he/she "clocks out."
ARTICLE 37
EMPLOYEE INCENTIVE PROGRAMSIDISCOUNTS
Section 37.1 Employee Incentive Programs. Members of the bargaining unit shall be eligible
for employee incentive programs (e.g. Personal Computer Purchase Program, Wellness Program
incentives/awards, etc.) offered to other non-bargaining unit employees of the City. Eligibility to
participate in these incentive programs and receipt of any awards through these programs shall
be governed by the written program rules, regulations, and requirements as approved by the City
Manager.
Section 37.2 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 38
TRA VELIMILEAGE REIMBURSEMENT
Section 38.1 Reimbursement. Whenever an employee is authorized to engage in or to undertake
official business for the City, that employee shall be reimbursed for reasonable and necessary
expenses and travel. If practicable, the employee shall be allowed the use of a City vehicle for
travel. If not practicable, reimbursement for authorized use of a personal automobile shall be at
the standard rate per mile set by the Internal Revenue Service. The City Manager is hereby
authorized to establish and implement reasonable regulations regarding reimbursement for
expenses and travel.
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ARTICLE 39
PROVISION OF MEALS UNDER
UNUSUAL, EMERGENCY OR SPECIAL CONDITIONS
Section 39.1 Provision of Meals. When employees are required by the City to work under
unusual, emergency, or special conditions (e.g. snow removal, traffic control for festivals &
special events, disasters, required City functions, etc.) where meal breaks would not be practical
or possible, the City shall provide meals to such employees. The City shall determine the
methodology, means, procedures, and maximum cost associated with providing such meals and
the City Manager shall establish reasonable regulations governing the provision of such meals.
Should an employee be directed by supervision to purchase a meal at a restaurant establishment,
the cost of that meal shall not exceed $8.50.
ARTICLE 40
REQUIRED LICENSES, REGISTRATIONS, OR CERTIFICATIONS
Section 40.1 Required Licenses, Registrations, or Certifications. Any costs/fees associated
with obtaining any Employer required licenses, registrations, or certifications, after appointment,
as listed in the City's job classification descriptions for Auto Service Worker, Sign Worker,
Maintenance Worker, and Auto Mechanic I (e.g. Commercial Driver's License, Public
Operator's Pesticide Application License, National Institute of Automotive Service Excellence
certifications) shall be paid by the Employer. In addition, reasonable effort shall be made by the
Employer to accommodate the need for employees to take any required examinations during the
employees' regular work hours.
ARTICLE 41
CLOTHING, EQUIPMENT, AND PERSONAL PROPERTY
Section 41.1 Shoe Reimbursement. All bargaining unit employees shall be reimbursed for the
cost of steel-toed safety shoes in an amount not to exceed $140.00 per calendar year. In order to
be reimbursed, each employee must provide the City with a valid receipt showing the store at
which the shoes were purchased, the date on which the purchase occurred, and the amount of the
purchase.
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Section 41.2 Prescription Safety Glasses. Once during the term of this Contract, the City will
provide prescription safety glasses, as needed and with proper supporting documentation, to
employees who are required to wear safety glasses in the performance of their job duties. The
cost to the City shall not exceed $100.00.
Section 41.3 Damaged Personal Property. Prescription eye glasses, contact lenses, or
watches, which are damaged during the performance of the employee's assigned job duties, shall
be replaced by the City, except where the damage is due to the employee's fault, via a
reimbursement procedure, up to a maximum of seventy-five dollars ($75.00) in any calendar
year. Requests for the replacement of the above named damaged personal property must be
submitted in writing to the Division Director, identifying the circumstances under which the
damage occurred as well as the type, brand name, model, value, and condition of the property
prior to the damage occurring, together with the damaged property. If such request is
subsequently approved, the employee shall be reimbursed for the purchase of replacement
personal property, as named above, which, in all respects, is substantially similar to that which
was damaged, up to the maximum value identified above, provided that the employee submits a
valid receipt identifying the type, brand name, model, dollar amount, etc. of the property
purchased as a replacement.
ARTICLE 42
TOOL REPLACEMENTS/uPGRADES
Section 42.1 Amount. The City shall pay for upgrades or replacements to each Auto Mechanics
hand-tool set in an amount not to exceed $425.00 per calendar year. The City shall pay up to
such amount directly to the vendor upon receipt of a proper invoice/bill from the vendor.
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ARTICLE 43
DURATION
Section 43.1 Duration. All of the provisions of this Agreement shall become effective upon
execution by a representative of both parties, unless otherwise specified. This Agreement shall
continue in full force and effect for a term of three (3) years from date of execution.
Section 43.2 Signatures. Signed and dated at Dublin, Ohio on or as of this the day of
,
UNITED STEELWORKERS CITY OF DUBLIN:
OF AMERICA:
George Becker, President USW A Jane S. Brautigam, City Manager
Leon Lynch, Vice President USW A David L. Harding, Director of Human Resources
Richard Davis, Vice President USW A Robert D. Weisman, Labor Counsel
Leo Gerard, Secretary Treasurer USW A
Frank Vickers, Director of District 1 USW A
Billy Boyce, Staff Representative USW A
Timothy Underhill, Unit Chair USW A
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MEMORANDUM OF UNDERSTANDING
The City of Dublin Department of Service Management Staff agrees to offer overtime
opportunities for the following specific situations to all bargaining unit members (excluding
mechanics) prior to making the overtime available to seasonal staff:
. Custodial work when the need for overtime is known at least seven days prior to the
overtime opportunity. Overtime opportunities created by bargaining unit members
requesting time off with less than seven days notice is not covered under this MOU.
. During the annual Recreation Center one week shutdown for maintenance and repairs.
It is also understood that overtime opportunities covered by this MOU will be offered to
bargaining unit members from highest seniority to lowest seniority in the following sequential
order:
. Appropriate Work Unit
. Division
. Department
In the event the process outlined above does not meet the overtime needs, the overtime will be
offered to seasonal staff. In the event the overtime needs are still not met, then bargaining unit
members will be compelled to work from lowest seniority to highest seniority first by work unit,
then by Division, then by Department.
It is clearly understood that staff must be qualified and trained to complete the necessary work in
order to be eligible to work the overtime assignment. It is also clearly understood that this MOU
does not obligate the City to provide any additional training to bargaining unit members so that
bargaining unit members are eligible for the overtime. For example, the City is not obligated to
train additional staff to strip and wax floors.
This memorandum of understanding does not apply to or take precedence over Articles 20 and
36 of the Collective Bargaining Agreement.
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MEMORANDUM OF UNDERSTANDING
(UNIFORMS ISSUE)
The parties agree to address matters involving uniforms by placing them on the agenda of
the Labor/Management Committee and addressing those issues within the Committee
structure. If necessary, the parties will utilize the services of a SERB Mediator during
this process. The parties acknowledge that while all issues relating to uniforms will be
discussed, matters relating to cost and safety ultimately remain within the discretion of
the Employer to decide.
United Steel Workers of America City of Dublin
By: By:
Date: Date:
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