HomeMy WebLinkAboutResolution 66-13RECORD OF RESOLUTIONS
Dayton Legal Blank, Inc., Form No. 30045
Passed _
20
Resolution No.
66 -13
r
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A COLLECTIVE BARGAINING AGREEMENT WITH UNITED
STEELWORKERS OF AMERICA REGARDING WAGES, HOURS,
AND TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES WITHIN THE MAINTENANCE WORKER, AUTO
MECHANIC I AND CUSTODIAL WORKER BARGAINING UNIT.
WHEREAS, the City of Dublin and the United Steelworkers of America have reached
tentative agreement regarding wages, hours, terms and conditions of employment for
employees within the Maintenance Worker, Auto Mechanic I, and Custodial Worker
bargaining unit; and
WHEREAS, Council has determined that the attached Agreement should be ratified
by Council.
NOW, THE EFORE, BE IT RESOLVED by the Council of the City of Dublin, State
of Ohio, of the elected members concurring that:
Section 1 . The City Manager be, and hereby is, authorized to enter into the attached
Collective Bargaining Agreement with the United Steelworkers of America Ohio
regarding wages, hours, and terms and conditions of employment for employees
within the Maintenance Worker, Auto Mechanic I, and Custodial Worker bargaining
unit.
Section 2 . As referenced in Section 1.4 of the attached Agreement, said Agreement
shall supersede and replace all applicable state and local laws, which it has the
authority to supersede and replace.
Section 3 . This Resolution shall be effective immediately upon passage as provided
under Section 4.04 (a) of the Revised Dublin Charter.
Passed this �_�� day of �D L��h�E) 2013.
Mayor - Prq i ng Officer
ATTEST:
Clerk of Council
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
City of Dublin Phone: 614 - 410 -4400 • Fax: 614 - 410 -4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager
Date: October 31, 2013
Initiated By: Tim D. Wagner, Director of Human Resources
Memo
Re: Resolution No. 66 -13 - Ratifying a New Collective Bargaining Agreement with the
United Steelworkers of America
Summary
Attached for your consideration is Resolution No. 66 -13, authorizing the City Manager to enter into
a Collective Bargaining Agreement (CBA) with the United Steelworkers of America regarding
wages, hours, and terms and conditions of employment for employees within the Maintenance
Worker, Auto Mechanic I, and Custodial Worker bargaining unit. (This bargaining unit is comprised
of 79 employees within the Divisions of Streets & Utilities, Parks, Facilities Management, and
Engineering.)
Below for your reference are the highlights of the changes from the previous Agreement. The term
of this Agreement is three (3) years, from September 1, 2013 through August 31, 2016. The
Bargaining Unit conducted a ratification vote on the proposed CBA on October 22, 2013 and
consequently ratified the proposed CBA by a vote of 44 -16.
Key Economic Terms
• Wage increases for mechanics and maintenance workers for year one are 2 %.
Wage increases for mechanics and maintenance workers for year two and three are 1%
each year.
Wage increase for custodial staff for year one is 1% and 1 /2% in year two. There is no
wage increase in year three.
• $450 signing bonus for each bargaining unit member paid upon ratification.
All other supplements and benefits remained the same (e.g. longevity, shift differential, tool
allowance, uniform and boot allowance).
There was a reduction in the amount of compensatory time that could be carried over from
one year to the next. That cap was reduced from 240 hours to 160 hours.
• Healthcare has been minimally modified to comply with the Patient Affordability Act and an
increased incentive for BMI biometric for the employee and spouse up to $300 per person.
The fiscal impact of the wage package in this Agreement is projected to be approximately
$450,000 over the term of the three -year contract. This projection includes an overtime
Memo to Council re. Resolution 66 -13 - USW Agreement
October 31, 2013
Page 2 of 2
compensation calculation, which is based on the overtime compensation received by each
employee in 2012.
Recommendation
Staff recommends that Council postpone Resolution 66 -13 until the November 18, 2013 Council
meeting to allow time for the final document to be produced and printed. The provisions of the
document have all been agreed upon by both parties. The final contract will be provided to Council
in the packet distributed on November 14, 2013 and staff is recommending adoption at the
November 18, 2013 Council meeting.
COLLECTIVE BARGAINING
AGREEMENT
THE CITY OF DUBLIN
AND
THE UNITED STEEL WORKERS
TERM OF AGREEMENT: SEPTEMBER 1, 2013 - AUGUST 31, 2016
Page Intentionally Left Blank
TABLE OF CONTENTS
ARTICLE2 ............................................................................................................. ..............................1
RECOGNITION..................................................................................................... ..............................1
Section2.1 Recognition .................................................................... ............................... 1
Section 2.2 Bargaining Unit .............................................................. ............................... 1
ARTICLE3 ............................................................................................................. ..............................2
DUES CHECKOFF /FAIR SHARE............
............2
Section 3.1 Dues Check Off .............................................................. ............................... 2
Section3.2 Fair Share ........................................................................ ..............................3
Section 3.3 PAC Check Off ............................................................... ..............................3
ARTICLE4 ............................................................................................................. ..............................3
Section4.1 Employer Pledge ............................................................ ............................... 3
Section4.2 Union Pledge .................................................................. ............................... 3
Section 4.3 Applicability of Grievance Procedure ............................. ..............................4
Section 4.4 Employer's Right to Discipline ....................................... ..............................4
Section 4.5 Union Responsibility ....................................................... ..............................4
ARTICLE5 ............................................................................................................. ..............................4
NONDISCRIMINATION ..................................................................................... ............................... 4
Section5.1 Joint Pledge ..................................................................... ..............................4
Section 5.2 Gender Reference ............................................................ ..............................4
ARTICLE6 ............................................................................................................. ..............................4
MANAGEMENT RIGHTS .................................................................................... ..............................4
Section 6.1 Management Rights ......................................................... ..............................4
ARTICLE7 ............................................................................................................. ..............................6
LABOR/MANAGEMENT MEETINGS ............................................................... ..............................6
Section7.1 Meetings .......................................................................... ..............................6
ARTICLE8 ............................................................................................................. ..............................6
BARGAINING UNIT BUSINESS ......................................................................... ..............................6
Section 8.1 Unit Officials ................................................................... ..............................6
Section 8.2 Negotiating Committee ................................................... ..............................7
Section 8.3 Bargaining Unit Leadership Training .............................. ..............................7
Section8.4 Cell Phone ...................................................................... ............................... 7
ARTICLE9 ............................................................................................................. ..............................7
GRIEVANCE PROCEDURE ................................................................................ ..............................7
Section 9.1 Definition/ Jurisdiction ..................................................... ..............................7
1
Section 9.2 Qualifications .................................................................. ..............................7
............................... 12
Section9.3 Timeliness ...................................................................... ...............................
8
Section 9.4 Grievance Form .............................................................. ...............................
8
Section 9.5 Grievance Procedure ...................................................... ...............................
8
PreliminaryStep: ...............................................................................................................
8
Step 1 - Director of Parks & Open Space, Director of Streets & Utilities, Director of
16
Administrative Services, and Director of Engineering ....................... ..............................9
Step 2 - City Manager or Designee .................................................... ...............................
9
Step3 - Arbitration ............................................................................. ...............................
9
Section9.6 Working Days .............................................................. ...............................
10
ARTICLE10 .......................................................................................................... .............................10
WORKRULES ...................................................................................................... .............................10
Section10.1 Work Rules ................................................................. ............................... 10
ARTICLE11 .......................................................................................................... .............................10
POLITICAL ACTIVITY ...................................................................................... .............................10
Section 11.1 Political Activity ........................................................ ............................... 10
ARTICLE12 .......................................................................................................... .............................11
PROBATIONARY PERIOD ................................................................................ .............................11
Section12.1 New Hires ................................................................... ............................... 11
12.2 Promotions .............................................................................. ............................... 11
LateralTransfers .............................................................................. ............................... 12
ARTICLE13 .......................................................................................................... .............................12
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
ARTICLE14 ..........................................................................................................
.............................13
DRUG AND ALCOHOL USE IN THE WORKPLACE .................................... .............................13
Section14.1 Purpose ....................................................................... ...............................
13
Section14.2 Policy .......................................................................... ...............................
14
Section 14.3 Drug and Alcohol 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
ARTICLE15 .......................................................................................................... .............................17
ARTICLE16 .......................................................................................................... .............................18
IDILII, R6] LDI AD] ; 191 r ,%W-1RKII:cf]r11rB51rn112NRG"'EM V!
Section 16.1 Purpose of Testing ...................................................... ............................... 18
Section 16.2 Terms and Conditions of Testing ............................... ............................... 18
Section 16.3 Drug and Alcohol Testing Procedures ....................... ............................... 18
Section 16.4 Referral To Employee Assistance Program ............... ............................... 20
ARTICLE17 .......................................................................................................... .............................20
USE OF PRESCRIPTION & "OVER- THE - COUNTER" MEDICATION .... .............................20
Section17.1 Purpose ......................................................................... .............................20
11
Section 17.2 General Terms & Conditions ..................................... ...............................
21
Section 17.3 Failure to Notify Supervisor ....................................... ...............................
21
ARTICLE18 .......................................................................................................... .............................21
32
LAYOFFS ............................................................................................................. ...............................
21
Section18.1 Layoffs ......................................................................... .............................21
.............................35
Section18.2 Call- back ...................................................................... .............................21
.............................35
ARTICLE19 .......................................................................................................... .............................22
33
NIISCELLANEOUS .............................................................................................. .............................22
34
Section 19.1 Agreement Copies ........................................................ .............................22
Section 19.2 Bulletin Boards ........................................................... ...............................
22
ARTICLE20 .......................................................................................................... .............................22
SENIORITY ......................................................................................................... ...............................
22
Section20.1 Seniority ..................................................................... ...............................
22
Section 20.2 Application of Seniority — Leave Requests ................ ...............................
23
Section 20.3 Application of Seniority — Shift Vacancy and Position Vacancy ..............23
Section 20.4 Application of Seniority — Planned Overtime Sign -Up and Assignment...
24
ARTICLE21 .......................................................................................................... .............................26
DISCIPLINE ........................................................................................................ ...............................
26
Section 21.1 Discipline For Cause .................................................. ...............................
26
Section 21.2 Progressive Discipline ................................................ ...............................
26
Section 21.3 Pre - Disciplinary Conference ...................................... ...............................
26
Section 21.4 Disciplinary Action Imposed ........................................ .............................27
Section 21.5 Copy of Discipline Record ......................................... ...............................
27
Section21.6 Appeal ........................................................................ ...............................
27
ARTICLE22 .......................................................................................................... .............................27
PERSONNEL RECORDS ..................................................................................... .............................27
Section 22.1 Personnel File ............................................................. ...............................
27
ARTICLE23 .......................................................................................................... .............................27
RATES OF PAY / WAGES .................................................................................... .............................27
Section 23.1 Wage Structure ........................................................... ...............................
27
Section 23.2 Appointment and Advanced Step Hiring ................... ...............................
32
Section 23.3 Step Advancement ...................................................... ...............................
32
Section 23.4 Application of Pay Rates ............................................ ...............................
32
Section 23.5 Longevity Pay .............................................................. .............................32
.............................35
Section 23.6 Instant Bonus Program ................................................. .............................33
.............................35
Section 23.7 Temporary Work Assignment/Pay Supplement ......... ...............................
33
Section 23.8 Shift Differential ........................................................ ...............................
34
ARTICLE24 ..........................................................................................................
.............................34
HOLIDAYS ..........................................................................................................
............................... 34
Section 24.1 Paid Holidays .............................................................
............................... 34
Section 24.2 Dates /Days Observed .................................................
............................... 35
Section 24.3 Holiday Pay ..................................................................
.............................35
ARTICLE25 ..........................................................................................................
.............................35
PERSONAL LEAVE .............................................................................................
.............................35
ui
Section 25.1 Allocation & Usage of Leave ..................................... ............................... 35
Section 25.2 Payment for Unused Personal Leave, Layoff or Death ............................. 36
ARTICLE26 .......................................................................................................... .............................36
SICKLEAVE ......................................................................................................... .............................36
Section 26.1 Sick Leave Accrual .................................................... ............................... 36
Section 26.2 Use of Sick Leave ...................................................... ............................... 36
Section 26.3 Conversion of Sick Leave .......................................... ............................... 38
A. Conversion Upon Separation ....................................................... ............................... 38
B. Annual Conversion. During December of each year, each employee may convert a
portion of his/her accrued but unused Sick Leave to a cash payment subject to all of the
followingconditions: ...................................................................................................... 38
C. Killed During Performance of Duties .......................................... ............................... 39
Section 26.4 Sick Leave Transfer from Prior Public Employer ...... ............................... 39
ARTICLE27 .......................................................................................................... .............................39
HOURS OF WORK AND OVERTIME .............................................................. .............................39
Section27.1 Workweek .................................................................... .............................39
Section27.2 Overtime ....................................................................... .............................40
Section 27.3 Seventh Consecutive Day of Work ............................ ............................... 40
Section 27.4 Call In Pay /Show -Up Pay .......................................... ............................... 40
Section 27.5 Compensatory Time ...................................................... .............................40
Section 27.6 Payment For Accrued Compensatory Time Upon Separation ..................41
Section 27.7 Use of Compensatory Time .......................................... .............................41
ARTICLE28 ........................................................................................................ ...............................
41
REINSTATEMENT FROM CERTAIN PERSONNEL ACTIONS ................. .............................41
42
Section 28.1 Reinstatement from Resignation ................................ ...............................
41
Section 28.2 Reinstatement from Military Service ......................... ...............................
41
Section 28.3 Reinstatement from Authorized Leave ......................... .............................41
ARTICLE29 ........................................................................................................ ...............................
42
VACATION LEAVE ............................................................................................. .............................42
43
Section 29.1 Vacation Year ............................................................... .............................42
............................... 44
Section 29.2 Conditions for Accrual ............................................... ...............................
42
Section 29.3 Prior Public Service Credit ........................................... .............................42
.............................44
Section 29.4 Vacation Accrual Schedule .......................................... .............................42
............................... 44
Section 29.5 Vacation Carry- Over .................................................... .............................42
Section 29.6 Vacation Scheduling/ Use ............................................. .............................43
Section 29.7 Rates of Pay for Vacation Hours ................................ ...............................
43
Section 29.8 Payment for Accrued Vacation Leave Upon Resignation/Separation and
Death ................................................................................................ ...............................
43
Section 29.9 Annual Conversion of Accrued Vacation Leave ......... ...............................
43
ARTICLE30 ........................................................................................................
............................... 44
INJURYLEAVE ..................................................................................................
............................... 44
Section 30.1 Injury Leave with Pay ..................................................
.............................44
ARTICLE31 ........................................................................................................
............................... 44
SPECIAL LEAVES ............................................................................................... .............................44
Section 31.1 Leave Without Pay ....................................................... .............................44
Section 31.2 Leave with Pay ........................................................... ............................... 45
ry
ARTICLE32 ........................................................................................................ ............................... 47
LEAVE DONATION PROGRAM .....................................................................
............................... 47
Section32.1 Purpose .........................................................................
.............................47
Section 32.2 Definitions ...................................................................
.............................47
Section 32.3 Program Regulations ....................................................
.............................47
ARTICLE33 ........................................................................................................
............................... 50
INSURANCE ............................
50
Section 33.1 Medical, Dental, & Vision Benefits ........................... ...............................
50
Section 33.3 Change in Carriers .......................................................
.............................52
Section 33.4 Life Insurance ............................................................. ...............................
52
ARTICLE34 ........................................................................................................ ...............................
54
TRAINING AND TUITION REIMBURSEMENT .......................................... ............................... 54
Section34.1 Training ........................................................................ .............................54
Section 34.2 Tuition Reimbursement .............................................. ............................... 54
ARTICLE35 ........................................................................................................ ............................... 56
TRAINING ASSIGNMENTS ............................................................................... .............................56
Section 35.1 Compensation ............................................................... .............................56
ARTICLE36 ........................................................................................................ ............................... 56
ON DUTY SHORT - NOTICE OVERTIME ........................................................ .............................56
Section 36.1 "On Duty" Status Procedures and Assignment of Short Notice Overtime. 56
Section 36.2 Short Notice Overtime and "On Duty" - Defined ....... ............................... 56
Section 36.3 On Duty— Communications ......................................... ............................... 59
Section 36.4 On Duty Notification ................................................... ............................... 60
Section 36.5 On Duty Response ...................................................... ............................... 60
Section 36.6 On Duty Inability to Perform ..................................... ............................... 60
Section 36.7 On Duty Fit for Duty ................................................... ............................... 61
Section36.8 On Duty Pay .................................................................. .............................61
ARTICLE37 ........................................................................................................ ............................... 62
EMPLOYEE INCENTIVE PROGRAMS /DISCOUNTS .................................. .............................62
Section 37.1 Employee Incentive Programs .................................... ............................... 62
Section 37.2 Employee Discounts ................................................... ............................... 62
ARTICLE38 ........................................................................................................ ............................... 62
TRAVEL/MILEAGE REIMBURSEMENT ....................................................... .............................62
Section 38.1 Reimbursement ............................................................. .............................62
ARTICLE39 ........................................................................................................ ............................... 62
PROVISION OF MEALS UNDER ......................................................................
.............................62
UNUSUAL, EMERGENCY OR SPECIAL CONDITIONS ..............................
.............................62
Section 39.1 Provision of Meals ..................................................... ...............................
62
ARTICLE40 .......................................................................................................... .............................63
REQUIRED LICENSES, REGISTRATIONS, OR CERTIFICATIONS ........ .............................63
Section 40.1 Required Licenses, Registrations, or Certifications ... ............................... 63
v
ARTICLE41 .......................................................................................................... .............................63
CLOTHING, EQUIPMENT, AND PERSONAL PROPERTY ....................... ...............................
63
Section 41.1 Shoe, Glove and Carhart Allowance .......................... ...............................
63
Section 41.2 Prescription Safety Glasses ........................................ ...............................
63
Section 41.3 Damaged Personal Property ....................................... ...............................
63
ARTICLE42 .......................................................................................................... .............................64
TOOL REPLACEMENTS / UPGRADES ........................................................... ...............................
64
Section42.1 Amount ....................................................................... ...............................
64
ARTICLE43 .......................................................................................................... .............................64
DURATION.......................................................................................................... ...............................
64
vi
Page Intentionally Left Blank
ARTICLE 1
AGREEMENT
Section 1.1 Agreement. This Agreement is made and entered into at Dublin, Ohio by and
between the City of Dublin, as Employer, also referred to as "Employer ", and the United
Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service
Workers International Union, also referred to as the "Union ". Unless otherwise specified in
this Agreement, no changes in this Agreement shall be negotiated during its duration unless
there is written accord to do so by and between the parties. Any negotiated changes, to be
effective and incorporated in this Agreement, must be in writing and signed by the parties.
Section 1.2 Purpose. The purpose of the Agreement is to set forth all covenants between
the parties regarding the wages, hours, terms and conditions of employment for those
employees included in the bargaining unit identified herein.
Section 1.3 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), Automotive
Mechanic I, and Custodial Worker classifications within the Division of
Streets & Utilities, Division of Parks & Open Space, Division of Facilities
Management and Division of Fleet Management.
The following employees are excluded from the bargaining unit:
All Maintenance Crew Supervisors, Automotive Mechanics II, Operations
Administrators, and all other managerial, supervisory, seasonal, casual,
confidential, and professional employees as defined in the Ohio Collective
Bargaining Act.
References throughout this Agreement to bargaining unit members shall mean employees
within this bargaining unit.
ARTICLE 3
DUES CHECKOFF /FAIR SHARE
Section 3.1 Dues Check Off.
A. The Employer agrees to deduct Union membership dues, initiation fees, and /or
assessments in the amount specified by the Union from the pay of those
employees who individually request in writing that such deductions be made.
Upon receipt of the proper authorization, the Employer will deduct dues from the
next payroll check following receipt of the authorization card. Dues shall be
deducted from each payroll period, and the total amount of deductions shall be
remitted each month by the Employer to the International Secretary - Treasurer of
the Union at the address which he authorizes for that purpose.
B. The authorization card may be submitted at any time and shall continue in effect
until the annual anniversary date of this Agreement. An employee may cancel
Union membership at any time, however, the revocation of the dues deduction
authorization may only be canceled between the 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.
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.
2
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 reahn of collective bargaining. Any non - member must make a timely
request of the Union for this rebate. Absent arbitrary and capricious action, such
determination is conclusive on the parties except that a challenge to such determination may
be filed with the State Employment Relations Board within thirty (30) days of the
determination and the State Employment Relations Board shall review the rebate
determination and decide whether it was arbitrary or capricious. The deduction of the fair
share fee from any earnings of the employee shall be automatic and does not require written
authorization for payroll deduction.
Section 3.3 PAC Check Off. The Employer agrees to deduct voluntary contributions to the
Steelworkers PAC fund from employees pay in an amount designated by that employee on
the form provided by the Union for the purpose of such voluntary check off. The Employer
will be given the signed authorization forms prior to any such deductions being made. The
total amount of deductions shall be remitted monthly to the International Union at the address
authorized for that purpose.
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 slowdown, a work stoppage, curtailment or
restriction of production or interference or interruption of work or other interference with the
Employer's business or operation, including but not limited to a general strike, a sympathy
strike, a slow down or other interference or interruption of work of the employer's business or
operation.
3
Section 4.3 Applicabilitv 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 terminate such
activities including but not limited to promptly ordering its members to resume their normal
work duties, notwithstanding the existence of any picket line. Should the employer
experience any economic loss as a consequence of any Union representative or member
engaging in any activity prohibited in Section 4.2 of this Article, the Union shall indemnify
the City of Dublin for its economic loss.
ARTICLE 5
NONDISCRIMINATION
Section 5.1 Joint Pledge. The provisions of this Agreement shall be applied equally to all
employees without regard to age, sex, race, color, religion, political affiliation, disability or
national origin. The City and the Union agree to work jointly to maintain a culture within the
bargaining unit free from discrimination and to promote equal employment opportunity in the
application of this Agreement.
Section 5.2 Gender Reference. All reference to employees in the Agreement designates
both sexes, and whenever the male gender is used, it shall be construed to include male and
female employees.
ARTICLE 6
MANAGEMENT RIGHTS
Section 6.1 Management Rights. To assure that the City (Employer) continues to perform
its legal duties to the public and to maintain efficient and responsive service for and
protection to the citizens of the City of Dublin, the City retains the right to determine
Departmental, Divisional, and City policies and procedures to manage the affairs of the City
in all respects. References to Departments or Divisions refer to the entities within the City
employing employees in the bargaining unit covered by this Agreement. Except where
otherwise specifically limited by this Agreement, the City retains the right and responsibility
to:
4
1. Determine the size and composition of the work force, the organizational
structure of the City and the methods by which operations are to be performed
by City employees.
2. Manage the City's budgets, including but not limited to the right to contract or
subcontract any work or operations of the City. However, the City will
bargain over the effects, if any exist, of the decision to contract or subcontract
out work.
3. Determine the nature, extent, type, quality, and level of services to be provided
to the public by the City and the manner in which those services will be
provided.
4. Determine, change, maintain, reduce, alter, or abolish the technology,
equipment, tools, processes, or materials the City's employees shall use.
5. Determine job descriptions, procedures, and standards for recruiting, selecting,
hiring, training, and promoting employees.
6. Assign work, subcontract or contract out work, establish and /or change
working hours, schedules, and assignments as deemed necessary by the City to
assure efficient City, Departmental or Divisional operations.
7. Direct and supervise employees and establish and /or modify performance
programs and standards, methods, rules and regulations, and policies and
procedures applicable to the City's employees.
8. Hire, evaluate, promote, retain, transfer (permanently or temporarily), assign
(permanently or temporarily) employees.
9. Discharge, remove, demote, reduce, suspend, reprimand, or otherwise
discipline employees for cause.
10. Lay -off employees, because of lack of work or funds or under circumstances
where continued work would not be cost efficient, reasonable or effective.
11. Determine matters of inherent managerial policy which include, but are not
limited to, areas of discretion or policy such as the functions and programs of
the City, standards of services, its overall budget, utilization of technology,
and organizational structure.
12. Maintain and improve the efficiency and effectiveness of the City's operations.
13. Determine the overall methods, processes, means, or personnel by which the
City's operations are to be conducted.
14. Determine the adequacy of the work force.
15. Determine the overall mission of the City.
5
16. Effectively manage the work force.
17. Take actions to carry out the mission of the City.
The rights and powers of the City (Employer) contained in this Article do not list or limit all
powers, and the rights listed together with all other rights, powers, and prerogatives of the
City, not specifically limited in this Agreement remain vested exclusively in the City.
ARTICLE 7
LABOR/MANAGEMENT MEETINGS
Section 7.1 Meetings. In the interest of sound labor /management relations, upon request of
either party, at a mutually agreeable date and time, not more than seven (7) representatives of
the Employer shall meet with not more than seven (7) representatives of the bargaining unit
to discuss pending issues and /or problems and to promote a more harmonious
labor /management relationship.
An agenda will be exchanged by the parties at least five (5) working days in advance of the
scheduled meeting with a list of matters to be taken up in the meeting and the names of those
representatives from each side who will be attending. All matters on the agenda requested by
the parties to be discussed, will be discussed. The purpose of such meeting shall be to:
1. Discuss the administration of this Contract.
2. Discuss grievances which have been processed beyond the final Step of the
Grievance Procedure, when such discussions are mutually agreed to by the
parties.
3. Discuss any pending items related to civil rights issues.
4. Disseminate general information of interest to the parties.
5. Consider and discuss health and safety matters relating to employees.
6. Discuss any other items the parties mutually agree to discuss.
ARTICLE 8
BARGAINING UNIT BUSINESS
Section 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, parks & open space, custodial,
streets & utilities, and fleet/sign shop. The Unit Grievers and Unit Chairperson, upon giving
reasonable advanced notice, and upon receiving authorization from the Director of Parks &
Open Space, the Director of Streets & Utilities, the Director of Administrative Services or the
Director of Engineering (whichever is applicable), shall be allowed reasonable time off
during regular working hours, not to exceed 12 hours per month, to investigate a grievance,
consult with the Employer in addressing labor/ management issues or in processing a
grievance, or to assist in the settlement of a dispute. The applicable Division Head may
authorize additional time if the Union presents proper justification supporting the need for
such time. Permission to perform these functions shall not be unreasonably denied.
Section 8.2 Negotiating Committee On days where collective bargaining negotiations
between the Union and the Employer actually take place, not more than six (6) duly elected
representatives from the bargaining unit, consisting of the five (5) Unit Grievers and the one
(1) Unit Chairperson, will be released from their regular job functions to attend such
negotiation sessions, provided, however, that such attendance does not take any shift below
minimum staffing levels (as determined by the Deputy City Manager) nor create an overtime
obligation to the City. The Union will notify the Employer of the names of the
representatives who will be serving on the negotiation team prior to the first negotiation
meeting. Members of the Union negotiation team, as reported by the Union to the Employer,
shall each receive sixteen (16) hours per month of release time with pay to attend private
work sessions of the Union negotiation team, beginning no earlier than four (4) months prior
to the expiration of the existing Agreement. No overtime obligation shall be incurred by the
City as a result of any bargaining unit member attending work sessions or any other sessions
related to negotiations.
Section 8.3 Bargaining Unit Leadership Training Each Unit Griever and the Unit
Chairperson shall receive five (5) days of release time with pay per year to attend special
leadership training sponsored by the Union. Furthermore, each Unit Griever and the Unit
Chairperson shall also be allowed an additional five (5) days of unpaid leave per year, with
no loss in seniority, for the same purpose. The Unit Grievers and Unit Chairperson shall give
their supervisors reasonable advanced notice when attending such training.
Section 8.4 Cell Phone. The City shall furnish a cell phone to the Unit Chair for the
purpose of conducting City business. The cost shall be borne by the City. The City will
determine the plan and equipment issued.
ARTICLE 9
GRIEVANCE PROCEDURE
Section 9.1 Definition /Jurisdiction. The term "grievance" shall mean an allegation by the
Union that there has been a breach, misinterpretation, or improper application of this
Agreement. The grievance procedure shall not be used to affect changes in the Articles of this
Agreement nor those matters not covered by the Agreement. The grievance procedure shall
be the sole and exclusive remedy for resolving disputes between the parties. Grievances
pertaining to suspension, removal, or termination shall automatically commence at Step 2 of
the Grievance Procedure, and are subject to Step 3, Arbitration. The only recourse for a
suspension or termination is through the Grievance Procedure; no recourse shall be pursued
through any other administrative procedure or board of review.
Section 9.2 Qualifications. If the designated employer representative fails to answer a
grievance or set or hold a meeting within the time limits prescribed by this Article, the
grievance shall automatically move to the next step except that the Union must serve an
appeal to arbitration within the time limits prescribed in Section 9.5, even if no response or
answer from the Employer is forthcoming. If the Union fails to appeal or submit a grievance
7
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:
1. The aggrieved employee's name and signature;
2. the aggrieved employee's classification;
3. date grievance was filed in writing;
4. date, time, location, and witnesses when possible, where the incident or action
upon which the grievance is based occurred;
5. a description of the incident or action giving rise to the grievance;
6. articles and sections of the Agreement violated;
7. desired remedy to resolve the grievance.
Amendments to a grievance shall not be made, other than by mutual agreement of the parties
once a request for Arbitration has been submitted.
Section 9.5 Grievance Procedure. It is the mutual desire of the Employer and the Union to
provide for prompt adjustment of grievances whereby employees can be assured of prompt,
impartial and fair processing of their grievances without reprisals and 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:
Preliminary Step:
A member having an alleged grievance or complaint regarding the administration or
application of the contract must first attempt to resolve the issue informally with his /her
supervisor at the time of the incident giving rise to the complaint At this meeting the Union
Griever and a human resource representative may be present along with the employee and the
supervisor. Any resolution to the issue must be reduced to writing. If the employee wishes to
pursue the matter further, the issue shall be reduced to writing and filed at Step 1 of the
formal grievance procedure.
Step 1 - Director of Parks & Open Space, Director of Streets & Utilities, Director of
Administrative Services, and Director of Engineering The intent of Step 1 is to enable
the applicable Director to address grievances originating in the respective work units under
their direction. 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 respective Director within ten (10) 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 respective Director shall investigate and provide an appropriate answer in
writing within ten (10) working days following the date on which the Director was presented
the written grievance. If the grievance involves the employee's Director, the grievance may
be filed directly at Step 2 of the grievance procedure.
Step 2 - City Manager or Designee. If the grievance is not resolved at Step 1, the
appropriate Unit Representative may forward the grievance to the City Manager or his
designee within seven (7) working days after receiving the Step 1 answer. The City Manager
or his designee shall have ten (10) working days in which to schedule a meeting with the
aggrieved employee, the Unit Griever, the Unit Chairperson, and a USW representative. The
City Manager or his designee shall investigate and respond in writing to the grievance within
ten (10) working days following the Step 2 meeting.
Step 3 - Arbitration. If the grievance is not satisfactorily resolved at Step 2, the Union may
make a written request that the grievance be submitted to arbitration. A request for
arbitration by the Union must be submitted within thirty (30) calendar days following the date
the grievance was answered or should have been answered at Step 2 of the grievance
procedure. In the event that the grievance is not forwarded to arbitration by the Union within
the time limits prescribed, the grievance shall be considered resolved and shall proceed no
further.
If the Union wishes to proceed to arbitration and has filed a timely grievance, the parties
agree to the following procedure for arbitration:
Upon ratification of the contract the parties will mutually select three arbitrators to form a
panel to hear all grievances during the term of this agreement. The three names will be listed
alphabetically by last name and will hear cases on a rotating basis. If an arbitrator for one
reason or another drops off or is removed from the panel, the parties agree to meet and
mutually select a replacement within 30 calendar days.
9
If none of the arbitrators on the panel are available to hear a particular grievance properly
appealed to arbitration in a timely manner, the parties agree to request a list of seven (7)
impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS).
In all cases 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 Days. For the purposes of this Article, working days shall typically be
defined as Monday through Friday and shall exclude Saturday, Sunday, and recognized
holidays, except when a particular employee is regularly scheduled to work on days other
than Monday through Friday. Working days also mean the working days of the party who is
responsible for initiating action or responding to a grievance at the appropriate step in the
Grievance Procedure.
ARTICLE 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.
ARTICLE 11
POLITICAL ACTIVITY
Section 11.1 Political Activity. In addition to other rights, as permissible by law:
10
A. An employee is permitted outside the City of Dublin to actively participate in
partisan political activity, provided that an employee undertakes such activity
while off -duty, not in identifiable uniform, and does not represent that such
activity is either undertaken in his official capacity as an employee of the
Employer or is sanctioned by the Employer.
B. An employee is permitted within the City of Dublin to exercise his/her rights as a
citizen to express his/her personal opinions and to cast his /her vote. However, an
employee shall not:
1. orally or in writing solicit or in any manner be concerned with soliciting any
assessment, subscription or contribution of any type for any political party or
political purpose whatsoever from any person holding a position in the service
of the Employer;
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 one hundred eighty (180)
calendar days. A seasonal employee is hired full time that has worked for the city for nine
(9) months within the Department and with the current job classification shall serve a ninety
day (90) probationary period. A probationary employee shall be retained beyond the end of
the probationary period and granted regular status only if the performance of the employee, in
the sole discretion of the City Manager, has been found to be satisfactory. A probationary
employee may be disciplined or terminated any time during his probationary period and shall
have no recourse through the Grievance Procedure contained within this Agreement. Under
certain circumstances, the probationary period of an employee may be extended, but only for
valid reasons, only upon approval of the City Manager, and then only for a maximum of
sixty -five (65) calendar days. If the probationary employee's probationary period should
indeed be extended, and the employee is subsequently disciplined or terminated, the
probationary employee shall have no recourse through the Grievance Procedure.
12.2 Promotions. Should an employee be promoted to a different job classification within
the bargaining unit, with a higher pay range, the employee shall serve a thirty (30) day
probationary period. Under certain circumstances, the probationary period may be extended,
but only for valid reasons, only upon the approval of the City Manager, and then only for a
maximum of sixty -five (65) calendar days. Should the employee be disciplined or deemed
unsuitable for that position by the City during the initial thirty (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.
11
Lateral Transfers. Should an employee be transferred to a position within any
different job classification, with the same pay range, the employee shall serve a thirty (30)
day trial period. During the trial period, the employee or supervisor may effectuate a return to
position occupied prior to the transfer. Under certain circumstances, the trial period may be
extended, but only for valid reasons, only upon the approval of the supervisor, and then only
for a maximum of sixty -five (65) calendar days.
ARTICLE 13
EMPLOYEE ASSISTANCE PROGRAM
Section 13.1 Emplovee Assistance. The Employer and the Union recognize that a wide
range of personal difficulties /problems in the lives of employees may affect work
performance and that most personal difficulties /problems can be successfully resolved
provided they are identified and referred to an appropriate source of assistance. The
Employer and the Union therefore agree that it would be in the best interest of the Employer,
its employees, and employees' immediate family members that a formal Employee Assistance
Program ( "EAP ") be provided by the Employer to assist employees and said family members
in dealing with a wide range of personal difficulties /problems. The Employer and the Union
recognize that this range of personal difficulties /problems may include mental, emotional,
financial, family, marital, employment - related stress, drug abuse, alcoholism, legal, elder
care /aging, spiritual, career, illness /disability, or other such difficulties /problems. The
purpose of the EAP 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 EAR
Section 13.2 Coverage Terms and Conditions. Under the coverage terms of the EAP,
employees and/or members of their immediate families shall each be entitled to unlimited
assessment and referral and a maximum of three (3) sessions per problem, at no cost to the
employee or family member, for problems amenable to short term counseling intervention.
Employees and /or family members are encouraged to access available benefits, as provided
by the Employer's medical benefits program, for counseling /treatment beyond the three
session limit.
Section 13.3 Other 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 EAR
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
12
concerning the nature of individual personal problems will be released without
proper written consent.
C. Nothing in this Article of this Agreement shall be interpreted as constituting a
waiver of the Employer's responsibility to maintain discipline or its right to take
appropriate disciplinary action in accordance with established disciplinary
procedures. Normal disciplinary procedures shall remain unaltered and use of the
EAP shall not alter the responsibility of employees to maintain an acceptable level
of performance or acceptable behavior /conduct.
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 FAR
F. Supervisory training is critical to the success of the FAR 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 AND ALCOHOL USE IN THE WORKPLACE
Section 14.1 Purpose In the interest of maintaining a safe and productive working
environment for all City employees, protecting the public health, safety, and welfare,
upholding the public confidence in the work performed by City employees, and upholding the
organizational image /reputation of the City, the Employer and the Union hereby agree that
13
the use of alcohol and 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 and alcohol in the
workplace.
In addition, the Employer and the Union understand that pursuant to the federal Drug -Free
Workplace Act, in order for the Employer to be considered as a recipient for federal grants, it
must comply with several requirements mandated by the Act. One of these requirements
mandates that the Employer publish a policy prohibiting the illegal presence of controlled
drugs in the workplace and that this policy be distributed to all employees. In addition, the
Act requires the Employer to verify that all employees have agreed to abide by the policy as a
condition of continued employment.
The purpose of this Article is to publish a formal policy regarding the illegal use of drugs and
the use of alcohol in the workplace, to notify bargaining unit employees of the consequences
of illegal use, possession, distribution, manufacture, etc. of controlled and /or abuse of
prescription drugs and alcohol in the workplace; to institute a drug awareness program for
bargaining unit employees, and to notify employees of the types of rehabilitative help that
may be offered by the Employer. This Article 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 AND ALCOHOL -FREE
WORKPLACE. This means that all employees, including supervisory personnel, are
absolutely prohibited from unlawfully manufacturing, distributing, dispensing, possessing, or
using controlled substances or alcohol in the workplace. Reporting for work while under the
influence of illegal drugs and /or alcohol, or with any residual effects from illegal drug and /or
alcohol use, (e.g. Impaired judgment, sickness, impaired reflexes, etc.) Is likewise prohibited.
For purposes of this policy, an employee is considered to be "under the influence" of a drug
or controlled substance, or alcohol when any amount of such substances (or any of its
metabolites) is found to be present in the employee at or above the lowest recognized
scientific standard utilized by the laboratory selected by the Employer for evaluating the
presence of such substances in the system.
The Union hereby understands that any building, facility, structure, property, etc., or the
contents thereof (i.e. employee lockers, offices, desks, etc.), owned or leased by the Employer
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.)
14
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 or alcohol which detracts from the image or
reputation of the City as an organization or which erodes the public confidence in the City as
an organization (e.g. disorderly conduct, assault, fighting, criminal menacing, disturbing the
peace, OMVI, etc., or other criminal acts).
Section 14.3 Drug and Alcohol Awareness & Employee Assistance Bargaining unit
employees have a right to know the dangers of the use and abuse of drugs and alcohol in the
workplace, the policy regarding such drug abuse, and what help is available to combat drug
problems. This Section of this Agreement is intended to address this matter.
The Employer agrees to offer an awareness program for all bargaining unit employees on the
dangers of drug abuse in the workplace. Posters, brochures, and appropriate guest speakers at
periodic group meetings will communicate information to employees.
In addition, to assist employees in overcoming drug abuse problems, the Employer will offer
the following rehabilitative help where applicable:
• Medical benefits for drug -abuse treatment
• Information about community resources for assessment and treatment
• Employee Assistance Program
The Union hereby understands that where rehabilitative assistance is offered by the Employer
and agreed to by the employee, failure of the employee to adhere to conditions with regard to
the rehabilitative program may result in appropriate disciplinary action including suspension
or dismissal.
Medical benefits for drug abuse treatment, as mentioned above, shall be limited to those
covered by the Employer's medical plan. (For further information on the medical benefits for
drug and alcohol abuse treatment, refer to the City of Dublin "Employee Benefits
Handbook ".)
Section 14.4 Supervisory Training The employer also agrees to provide supervisory
training to assist supervisors in identifying the problems associated with illegal drug use and
alcohol abuse 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);
15
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:
1. The physical, behavioral, and the performance indicators of drug and alcohol
use /abuse;
2. The effects of drug and alcohol use /abuse;
3. Recognizing performance deficiencies caused by drug and alcohol use /abuse;
4. Confronting employees with suspected drug and alcohol use /abuse.
Section 14.5 Non - Supervisor Training. The Employer shall also provide non - supervisory
employee training regarding substance or alcohol 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.
16
ARTICLE 15
Page Intentionally Left Blank
17
ARTICLE 16
EMPLOYEE DRUG & ALCOHOL TESTING PROGRAM
Section 16.1 Purpose of Testing. In the interest of maintaining a safe and productive
working environment for all City employees, establishing a standard of conduct for City
employees, protecting the public health, safety, and welfare, upholding the public confidence
in the work performed by City employees, and upholding the organizational image /reputation
of the City, the Employer and the Union hereby agree that employee drug and alcohol testing
should be addressed within this Agreement. In that regard, the purpose of this Article is to
establish the terms, conditions and procedures regarding the drug and alcohol testing of
bargaining unit members.
Section 16.2 Terms and Conditions of Testing. The Employer and the Union hereby agree
that all bargaining unit members, as a condition of this Agreement, shall be required to
submit, upon request, to a urinalysis, breath test and /or blood test to detect the presence of
illegal drugs or alcohol in their systems under the following circumstances:
A. When the Employer has reasonable suspicion to believe that an employee is under the
influence of illegal drugs or alcohol while on the Employer's premises or conducting
the Employer's business.
B. Following a work related accident or safety violation.
Employees who are directed to submit to testing shall be required to sign a consent form, the
form of which will be developed by the Director of Human Resources, which will include
consent that notice of the test results will be released to the Director of Human Resources, or
in his absence, the City Manager.
The Employer and the Union hereby agree that if employees of the bargaining unit are
required to submit to testing, failure or refusal to submit to the testing may result in
appropriate disciplinary action which may include suspension or dismissal. The actual
discipline to be imposed shall take into consideration all facts and circumstances including
the expressed reasons for the employee's refusal, the need for the testing, the employee's
desire for rehabilitation, and the employee's job performance.
Employees who have been found, through the testing procedures identified in Section 16.3
below, to have been under the influence of drugs or alcohol, or who have engaged in conduct
which obstructs the testing procedures (i.e. the use of masking agents or other products to
adulterate or dilute specimens), shall not be paid for the time they are off work awaiting the
testing results, and shall be subject to appropriate disciplinary action including suspension or
dismissal.
Section 16.3 Drug and Alcohol Testing Procedures. Drug and Alcohol testing shall be
conducted in the following manner:
A. When circumstances arise which require drug and /or alcohol testing, the Director
shall contact the Director of Human Resources or, in his/her absence, his /her
designee, to obtain approval for testing. Should disagreement exist between the
employee's supervisor or Director and the Director of Human Resources, or his/her
18
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, except in the case of post - accident testing. In the case of post -
accident testing, the employee shall return to work following specimen collection, to a
role deemed safe for the employee and other employees, unless otherwise restricted
by a physician. (In circumstances involving "post - accident' testing, where the
employee requires off -site medical attention, the testing procedure 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.
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 -luck, Zydot, etc.) be detected,
such shall be considered as a "refusal to submit to testing" and the option to pursue
testing of the second specimen shall be forfeited. The City shall be so 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
19
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.
L 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 Emplovee Assistance Program. If the results of drug and /or
alcohol testing are positive, but do not warrant dismissal of the employee, a referral to the
Employee Assistance Program will be offered. Although employees will be offered a referral
through the Employee Assistance Program, they are still subject to appropriate disciplinary
action.
If an employee accepts a referral to the EAP for assessment as a result of a positive drug
and /or alcohol test, he /she must comply with any recommendation made by the EAP Drug
and Alcohol Counselor resulting from an assessment, as a condition of continued
employment. The employee shall further comply to random drug and /or alcohol testing for a
period of up to two years. Failure to comply with any of the conditions associated with the
recommendations of the Counselor, the conditions associated with the rehabilitation program,
or the random testing, as specified above, may result in dismissal of the employee.
ARTICLE 17
USE OF PRESCRIPTION & "OVER- THE - COUNTER" 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
20
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 attempt to temporarily
reassign the employee to other duties, which can be performed, if such duties are available.
If such duties are not available, the supervisor shall authorize sick leave for the employee
(unless appropriate Family and Medical Leave.
Section 17.3 Failure to Notifv Supervisor. The Employer and the Union hereby agree that
if an employee works while taking medication legally prescribed by a physician, or purchased
"over- the - counter ", which causes the type of effects as those previously noted under Section
17.2, without notifying his supervisor, such employee shall be subject to the appropriate
disciplinary action, if any, up to and including suspension or discharge. The Union
acknowledges that the Employer may become aware of the presence of a legally prescribed or
"over- the - counter" medication, referenced in Section 17.2, as a result of a drug /alcohol test
administered to the employee pursuant to Articles 14, 15, and 16 of this Agreement.
ARTICLE 18
LAYOFFS
Section 18.1 Lavoffs. 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
21
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.
Section 19.2 Bulletin Boards. The City shall provide reasonable space at the time clock for
one Union - provided bulletin board within the garage /shop /custodial worker areas within the
Division of Streets & Utilities, Division of Parks & Open Space, Division of Facilities,
Maintenance Center, 5800 Building, and the Community Recreation Center. These bulletin
boards shall be for the exclusive use of the Union to post notices and information related to
Union affairs. These boards shall be maintained by the bargaining unit memberships and be
kept in neat order at all times. Should these boards fall into disarray, the City will notify the
appropriate Unit Representative and such Representative shall ensure that the board(s) are
restored to proper order at his /her first opportunity. Non - bargaining unit personnel shall not
be permitted to remove, add to, or alter Union 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
22
by years /days of service. Continuous service shall be interrupted only when a "break in
service" occurs. A "break in service" shall occur in the following instances:
1. Resignation /Separation;
2. Removal/Dismissal;
3. Failure to return from an authorized leave of absence.
As established in Section 20.1 seniority shall begin to accumulate on the date an individual
becomes employed in a position within the bargaining unit; however, should more than one
(1) individual be hired on the same day, seniority preference will be determined by the
individual's relative ranking in the selection process. An individual with a higher ranking
shall always receive seniority preference over an individual with a lower ranking.
A "break in service" shall not occur if an employee is reinstated due to the disaffirmance of
removal or layoff. An employee who has a "break in service" and who is subsequently
rehired or reinstated shall not receive continuous service credit for the time spent during the
"break in service "; however, the employee shall receive continuous credit except for the
period of time in which the "break in service" occurred.
Section 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.
Section 20.3 Application of Seniority — Shift Vacancv and Position Vacancv. Whenever a
vacancy occurs in a full -time position, the following three step process shall be followed:
Step 1. The Division shall post a "Shift Vacancy Announcement" for a minimum of ten
(10) calendar days to allow any interested employee presently serving in a full -time
position within the same work unit (parks and open space maintenance, facilities
maintenance, custodial, mechanics, sign shop, and streets and utilities maintenance), to
apply for the position. The vacancy shall be filled by seniority. Any subsequent
vacancies caused by trying to fill the initial advertised vacancy shall also be filled by
seniority within the work unit Once opportunities to fill the vacancy(ies) within the work
unit are exhausted, the last remaining vacancy may be filled pursuant to Step 2 below.
Employees presently in their original appointment probationary period shall not be
eligible for vacant positions until after the conclusion of their probationary period.
Step 2. The Division shall post a "Position Vacancy Announcement" for a minimum of
ten (10) calendar days to allow any interested employee presently serving in a full -time
position within the Bargaining Unit to apply for the position. The Division shall identify,
on the `Position Vacancy Announcement', the specialized qualifications, knowledge,
skills, and abilities required to successfully perform the duties of the vacant position. In
filling the position, the Division shall give consideration to all applicants who apply. The
following criteria shall be used in selecting an employee to fill the position: job - related
qualifications, knowledge, skills and abilities, work performance; and seniority based
upon time with the City of Dublin in a full -time regular position. Where all applicants'
qualifications, knowledge, skills, abilities and work performance are relatively equal in
the judgment of the hiring supervisor, seniority as previously defined shall be the
deciding factor. If qualifications, knowledge, skills, abilities, work performance, and
23
seniority are equal, seniority preference shall be determined by the individual's relative
ranking in the new hire selection process when first hired. The higher ranking shall
always receive seniority preference. Should it not be possible to determine which
candidate ranked higher in the new hire selection process, one toss of a coin shall be the
determining the factor. Employees presently in their original appointment probationary
period shall not be eligible to compete for vacant positions until after the conclusion of
their probationary period. After the selection has been made, the employee shall assume
his /her new position within sixty (60) days unless otherwise extended, for good reason,
by the Director of Service. If no member of the Bargaining Unit is determined to be
qualified to fill the vacancy, Step 3 below will be followed.
Step 3. If no Bargaining Unit member is determined to be qualified, the position vacancy
shall be filled externally.
Section 20.4 Application of Senioritv — Planned Overtime Sian -Up and Assignment The
City agrees to offer overtime (Section 27.2) for other than non -short notice overtime activities
(Article 36) in accordance with the following:
A. Planned Overtime - Defined The City and the Bargaining Unit mutually
recognize that certain services provided by the City require work to be performed
in an overtime status (Section 27.2). These overtime activities are anticipated and
planned for in advance. Such planned overtime can include but is not limited to:
extended mowing schedules; facility shut downs for maintenance; special events;
leaf collection; etc. The Division of Streets & Utilities (hereinafter referred to as
"S &U) AM & PM shifts during the period 1 Tuesday in November through
April are considered planned overtime even though weather- related events can be
unpredictable. Planned overtime activities may be for individual activities or to
cover periods of time for multiple activities at the discretion of the City.
B. Offer of Planned Overtime The City shall determine and post the dates, times
and number of personnel (if known) necessary to satisfy the City's needs for
planned overtime using a/n Overtime Sign -Up Sheet's. Overtime Sign -Up Sheet/s
shall be displayed no sooner than one (1) month prior to the period to be covered.
The division shall post the sign -up sheet for a minimum of four (4) calendar days
and remove the sheet (s) no sooner than one week (seven calendar days) prior to
the period to be covered.
C. Work Units — Defined Work units are defined as follows:
• Fleet Maintenance
• Custodial Services
• Parks and Open Space
• Facilities Maintenance
• Streets & Utilities
• Sign Shop
D. Number of Positions to be Posted The number of positions to be posted by the
City for planned overtime will be at the discretion of the City.
E. S &U, November to April . S &U will canvas and post Overtime Sign -Up Sheets
to serve on AM (12 AM to 12 PM) and PM (12 PM to 12AM) shifts starting the
24
first (1") Tuesday of November through April. Anyone signing up for the S &U
shifts must be qualified to safely perform snow and ice removal operations and
they must possess a Class A or B Commercial Driver's License because the most
likely scenario for planned overtime during this period is weather related (snow
and ice) for the entire season starting in November through April. The AM & PM
shift assignments are intended to remain static to the maximum extent possible
throughout the season in order to provide drivers consistently assigned routes and
equipment. The Director of S &U or his/her designee will be responsible to
activate the AM & PM shifts for snow removal. Those identified for the AM &
PM shifts will report for the shift for which they have signed up the first (1"
Tuesday in November through April- Article 36 addresses the" "On Duty" status
and call -in procedures during this same period and as it relates to the AM and PM
shifts.
F. Scheduled/Planned Overtime Sian -Up Ranking Once the Overtime Sign -Up
Sheet/s have been canvassed, those signing up on the sheet/s will be ranked for
assignment in the following order: Bargaining unit - members (by job classification
and work unit) on the basis of seniority starting with the most senior member of
the bargaining unit (by classification and work unit) proceeding to the least senior
member of the bargaining unit (by classification and work unit), then to all other
bargaining unit employees within the City, who can safely perform the work, and
then to non - bargaining unit personnel, who can safely perform the work. Should
the Overtime Sign -Up Sheet/s subsequently not be filled, bargaining unit
members, from least senior member to most senior member (within the
classification and work unit for which the planned overtime was initiated), shall
be compelled to be placed on the Overtime Sign -Up Sheet/s. Should the Overtime
Sign -Up Sheet/s still not be filled, bargaining unit members who can safely
perform the work shall be compelled to fill the sheets in order of least to most
seniority.
G. Assignment of Planned Overtime The following governs the assignment of
planned overtime to include the AM or PM shift during the period November to
April: Streets and Utilities Maintenance Workers in the bargaining unit shall be
assigned to either an AM Shift or a PM shift. Management will allow S &U
Maintenance Workers to sign up for a preferred shift and those preferences will be
accommodated to the extent possible; however, Management will insure
experience levels and quantity of full time S &U Maintenance Workers are close to
equal on both shifts. Planned overtime will be assigned to those who are on the
canvassed Overtime Sign -Up Sheet's as a result of filling the sheet/s in accordance
with 20.4.E & F, above. Assignment will be made first to bargaining unit
members (by job classification and work unit) on the basis of seniority starting
with the most senior member of the bargaining unit (by classification and work
unit) proceeding to the least senior member of the bargaining unit (by
classification and work unit), then to non - bargaining unit personnel who can
safely perform the work. Should the overtime assignment subsequently not be
filled, bargaining unit members, from least senior member to most senior member
(by classification and work unit), shall be compelled to work the overtime
assignment "On Duty" status and short notice overtime shall be governed by
Article 36.
25
H. Terminate and modifv Planned Overtime The City reserves the right to
terminate or otherwise modify the need and /or amount of planned overtime to be
worked at any point after ranking for planned overtime or assignment of planned
overtime has been determined.
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 /Divisional rules and regulations,
incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination,
discourteous treatment, neglect of duty, absence without leave, any conduct unbecoming an
employee, any acts of misfeasance, malfeasance, or nonfeasance, or any off -duty illegal
conduct/behavior where there is a reasonable nexus to the individual's employment 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 pay or 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.
26
Section 21.4 Disciplinary Action Imposed. The Employer's decision regarding whether or
not to impose disciplinary action shall be made within a reasonable period of time following
the incident in question, or the conclusion of the Pre- Disciplinary Conference (if applicable).
Section 21.5 Copv 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. During the term of this agreement, the personnel file will
transition to an electronic /digital format. 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 access his /her
file at any time during normal business hours or by computer at any time. 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 Director of Human Resources, or his designee. The
confidentiality of matters contained in the personnel files shall be the responsibility of the
Director of Human Resources who shall release only such information permitted by law and
then only to those persons with a legitimate right to the information, subject to the provisions
of the Ohio Privacy Act, Ohio Public Records 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.
ARTICLE 23
RATES OF PAY /WAGES
Section 23.1 Wage Structure. Effective September 1, 2013 through December 31, 2013, the
2013 wage structure shall remain in place, as follows:
Maintenance Worker
27
Step
Annual Base Wage Rate
1
$40,413.46
2
$41,737.00
3
$43,103.89
4
$44,515.55
5
$45,973.43
6
$47,479.06
7
$49,034.00
8
$50,639.86
9
$52,298.31
10
$54,011.08
11
$55,819.65
12
$56,924.87
Auto Mechanic I
Step
Annual Base Wage Rate
1
$41,822.90
2
$43,192.60
3
$44,607.16
4
$46,068.04
5
$47,576.76
6
$49,134.90
7
$50,744.06
8
$52,405.92
9
$54,122.21
10
$55,894.72
11
$57,819.40
12
$58,964.22
Custodial Worker
Step
Annual Base Wage Rate
1
$32,306.26
2
$34,560.63
3
$36,456.10
4
$38,404.36
5
$40,405.41
6
$42,406.47
7
$44,090.76
8
$45,669.46
Any Maintenance Worker, Auto Mechanic I, or Custodial Worker whose anniversary date of
appointment falls between September 1, 2013 and December 31, 2013, who has not already
advanced a step in 2013, shall advance to the next existing step in the 2013 wage structure on
his /her anniversary date of appointment
The following wage structure shall be effective January 1, 2014 through December 31, 2014:
Maintenance Worker*
Step
Annual Base Wage Rate
1
$41,221.73
2
$42,571.74
3
$43,965.97
4
$45,405.86
28
5
$46,892.90
6
$48,428.64
7
$50,014.68
8
$51,652.66
9
$53,344.28
10
$55,091.30
11
$56,936.04
12
$58,063.37
Auto Mechanic I*
Step
Annual Base Wage Rate
1
$42,659.36
2
$44,056.45
3
$45,499.30
4
$46,989.40
5
$48,528.30
6
$50,117.60
7
$51,758.94
8
$53,454.04
9
$55,204.65
10
$57,012.61
11
$58,975.79
12
$60,143.50
Custodial Worker*
Step
Annual Base Wage Rate
1
$32,629.32
2
$34,906.24
3
$36,820.66
4
$38,788.40
5
$40,809.46
6
$42,830.53
7
$44,531.67
8
$46,126.15
* Each Maintenance Worker, Auto Mechanic I, and Custodial Worker shall remain at
his /her 2013 step rate until his/her scheduled anniversary date of appointment in 2014,
at which time he /she shall advance to the 2014 step that provides an increase.
Effective January 1, 2014, each Maintenance Worker and Auto Mechanic I shall receive an
increase in the amount of two percent (2 %) of their base wage rate, as reflected in the above
1/1/13 wage structure. This two percent shall become part of each bargaining unit
member's base wage rate.
Effective January 1, 2014, each Custodial Worker shall receive an increase in the amount of
one percent (1 %) of their base wage rate, as reflected in the above 1/1/13 wage structure.
This one percent shall become part of each bargaining unit member's base wage rate.
29
The following wage structure shall be effective January 1, 2015 through December 31, 2015:
Maintenance Worker
Step
Annual Base Wage Rate
1
$41,633.95
2
$42,997.46
3
$44,405.63
4
$45,859.92
5
$47,361.83
6
$48,912.93
7
$50,514.83
8
$52,169.18
9
$53,877.72
10
$55,642.21
11
$57,505.40
12
$58,644.00
Auto Mechanic I
Step
Annual Base Wage Rate
1
$43,085.95
2
$44,497.02
3
$45,954.30
4
$47,459.29
5
$49,013.58
6
$50,618.77
7
$52,276.53
8
$53,988.58
9
$55,756.70
10
$57,582.74
11
$59,565.55
12
$60,744.94
Custodial Worker
Step
Annual Base Wage Rate
1
$32,792.47
2
$35,080.77
3
$37,004.76
4
$38,982.35
5
$41,013.51
6
$43,044.69
7
$44,754.33
8
$46,356.79
Effective January 1, 2015, each Maintenance Worker and Auto Mechanic I shall receive
an increase in the amount of one percent (1 %) of their base wage rate, as reflected in the
above 1/1/14 wage structure. This one percent shall become part of each bargaining unit
member's base wage rate.
Effective January 1, 2015, each Custodial Worker shall receive an increase in the amount
of one half of one percent (.5 %) of their base wage rate, as reflected in the above 1/1/14
wage structure. This one half of one percent shall become part of each bargaining unit
member's base wage rate.
30
* On his/her anniversary date of appointment, each Maintenance Worker and Auto
Mechanic I in steps 1 through 11 shall receive a step increase to the next highest
Annual base wage rate.
* On his /her anniversary date of appointment, each Custodial Worker in steps 1 through 7
shall receive a step increase to the next highest annual base wage rate.
The following wage structure shall be effective January 1, 2016:
Maintenance Worker
Step
Annual Base Wage Rate
1
$42,050.29
2
$43,427.43
3
$44,849.68
4
$46,318.52
5
$47,835.45
6
$49,402.06
7
$51,019.98
8
$52,690.88
9
$54,416.50
i9
$56,198.64
11
$58,080.46
12
$59,230.44
Auto Mechanic I
Step
Annual Base Wage Rate
1
$43,516.81
2
$44,941.99
3
$46,413.84
4
$47,933.89
5
$49,503.71
6
$51,124.96
7
$52,799.30
8
$54,528.46
9
$56,314.27
10
$58,158.57
11
$60,161.20
12
$61,352.39
Custodial Worker
Step
Annual Base Wage Rate
1
$32,792.47
2
$35,080.77
3
$37,004.76
4
$38,982.35
5
$41,013.51
6
$43,044.69
7
$44,754.33
8
$46,356.79
31
* Effective January 1, 2016, each Maintenance Worker and Auto Mechanic I shall receive an
increase in the amount of one percent (1 %) of their base wage rate, as reflected in the above
111115 wage structure. This one percent shall become part of each bargaining unit member's
base wage rate.
* On his/her anniversary date of appointment, each Maintenance Worker and Auto
Mechanic I in steps 1 through 11 shall receive a step increase to the next highest
annual base wage rate.
On his/her anniversary date of appointment, each Custodial Worker in steps 1
through 7 shall receive a step increase to the next highest annual base wage rate.
Section 23.2 Appointment and Advanced Step Hiring. The City Manager, when making
appointments to either the Maintenance Worker, or Automotive Mechanic 1, 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, Automotive Mechanic I, or Custodial Worker
classifications, advancement to successive steps within the wage structure shall occur
annually on the employee's anniversary date of appointment.
Section 23.4 Application of 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 September 1, 2013:
Completed Years of Service
with the City of Dublin Amount
Four (4) through six (6) years
$ 750.00
Seven (7) through ten (10) years
$ 950.00
Eleven (11) through fourteen (14) years
$1,250.00
Fifteen (15) through nineteen (19) years
$1,500.00
Twenty (20) or more years
$1,700.00
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.
32
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,
Automotive Mechanic I, and Custodial Worker classifications shall be eligible for an "instant
bonus" in accordance with the following terms and conditions:
A. Each Department shall be allocated a proportional share of money for bonuses to
reward an individual employee or a team of employees for an exceptional effort in
implementing and completing a project or program that:
1. Significantly enhances the efficiency or effectiveness of City
operations, or;
2. Significantly exceeds expectations in the areas of performance or
customer service, or;
3. Demonstrates innovation or creativity in government.
B. If a bonus is awarded, it shall be awarded immediately, not at the end of the year.
C. An individual employee may be eligible for one instant bonus in any calendar
year. The maximum bonus amount shall not exceed $1,000.00, 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
33
compensated at a rate of pay commensurate with that higher level job classification for all
hours during which the employee performs such duties. The rate of pay shall be within the
higher level classification's established pay range and shall be set either at the minimum of
this higher level classification's pay range or at a point ten percent (10 %) greater than the
employee's existing rate of pay, whichever is greater. However, this increased rate of pay
shall not exceed the maximum of the higher classification's pay range.
Section 23.8 Shift Differential. Shift differential pay shall be provided as follows, with the
exception of hours in paid status while on approved leave:
1. For employees regularly assigned to first shift, shift differential shall be applied to
any hours worked between the hours of 5:00 p.m. and 6:45 a.m.
2. For employees regularly assigned to second or third shift, shift differential shall be
applied to any hours worked.
Shift differential pay shall be applicable to actual hours worked. Shift differential shall not
be paid in addition to regular pay for any hours spent on approved paid leave, with the
exception of leave due to mandatory training, which shall qualify for shift differential pay.
Mandatory training is defined as classes /coursework where employee attendance is required
by the Division. Time spent in optional training programs shall not qualify for shift
differential pay. If authorized overtime occurs in conjunction with the regular workday, the
shift differential shall be paid for each hour of overtime worked as specified above. If shift
differential pay is applicable, and overtime occurs, the shift differential pay shall be added to
the base hourly rate prior to computing the overtime rate. Shift differential pay will be paid
on a bi- weekly basis and will not be cumulative under any circumstance.
Effective upon execution of this Agreement, the shift differential rate will be $.75 /hour.
* In addition, the City will pay a one -time signing bonus of $450, to be paid upon ratification,
to each Bargaining Unit employee of record employed on the date of ratification.
ARTICLE 24
HOLIDAYS
Section 24.1 Paid Holidays. The following are designated as paid holidays for bargaining
unit employees:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas Day
34
Section 24.2 Dates/Days Observed. Should the Federal or State government designate a
specific date or day of the week for observation of one of the above listed holidays, the City
will generally follow that designation. For employees assigned to a Monday through Friday
(Saturday and Sunday off), when a holiday falls on a Saturday, the Friday immediately before
the holiday shall be the observed day; should the holiday fall on a Sunday, the Monday
immediately following the holiday shall be the observed day. For employees assigned to
other than a Monday through Friday workweek (Saturday and Sunday off) the holiday shall
be celebrated on the calendar day on which the holiday actually falls.
Section 24.3 Holidav 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 on a City observed holiday he shall be entitled to eight
hours straight time pay plus double time pay (or compensatory time) for all hours
worked.
Section 24.4 Special Holiday Any special holiday, as designated by the City, when City
offices are closed for all or part of the day, will also be observed as a holiday under this
article.
ARTICLE 25
PERSONAL LEAVE
Section 25.1 Allocation & Usage of Leave. Effective the first pay period of each year, all
existing employees serving in Full -Time Permanent positions, and who are in full pay status
at such time (i.e. on duty or on approved leave with pay) shall receive five (5) days (40) hours
of Personal Leave. Effective the first pay period of each year under this Agreement, each
employee, who is in full pay status (i.e. on duty or on approved leave with pay) shall receive
forty (40) hours five (5) days of Personal Leave. However, new employees appointed during
the year shall receive a pro -rated allocation of Personal Leave in accordance with the
following schedule:
Timeframe Appointed
Personal Leave Allocation
January 1 through March 31
40 Hours (5 days)
April 1 through June 30
32 Hours (4 days)
35
July 1 through September 30
20 Hours (2.5 days)
October 1 through November 30
8 Hours (1 day)
December 1 or later
None
In the event an employee is not in full pay status at the time personal leave is normally
allocated to each employee, yet returns to full pay status at some point thereafter, the amount
of that employee's personal leave allocation shall be pro- rated. For every pay period the
employee has been in less than full pay status, one and fifty four hundredths (1.54) hours of
personal leave shall be deducted from the normal forty (40) 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 Pavment for Unused Personal Leave. Lavoff or Death. In the event that an
employee is laid off from City service, said employee shall be compensated for all unused
personal leave at the rate of pay in effect at the time of layoff. For any other form of
separation, no compensation will be provided to the employee for unused Personal Leave. In
the event of the employee's death, such compensation shall be paid to the employee's
surviving spouse, or secondarily, his/her estate.
ARTICLE 26
SICK LEAVE
Section 26.1 Sick Leave Accrual. All employees shall be entitled to sick leave with pay at
the rate of four and six hundred fifteen thousandths (4.615) 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 fifty -eight thousandths (.058) 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;
36
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, domestic partner, 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 (1/2) hour before his normal starting time on the first day of absence, unless the
circumstances surrounding the absence make such reporting impossible, in which case such
report must be made as soon as possible. Sick leave for doctor or dentist appointments must
be requested forty -eight (48) hours in advance, except in emergency situations.
Absence from work due to a non -duty incurred illness or injury will be compensated for by
use of sick leave.
In the event an employee requests sick leave for a period of longer than two (2) consecutive
days, or for the day immediately preceding or following a holiday, he /she may be required by
his /her immediate supervisor to submit a doctor's certificate verifying the illness and
justifying the necessity of the absence. If the immediate supervisor determines that an
employee's use of sick leave is not justified, the immediate supervisor shall have the authority
to charge the absent time to the employee's vacation, personal leave, or compensatory time
balance or to record the absent time as leave without pay.
The City Manager, assisted by all supervisory personnel, shall be responsible for preventing
abuses of sick leave. Sick leave shall not be considered leave time which an employee may
use at his discretion for personal business. The employer may require medical proof of the
necessity for said sick leave, in which event the involved employee 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 essential job duties
of the position to which the employee is assigned, as determined by the City. If deemed
37
necessary by the employee's administrative superiors, the employee must provide
certification from a doctor of her choice that continued employment will not be detrimental to
the employee's health.
Vacation leave, personal leave, compensatory time, or approved leave without pay may be
used to supplement sick leave when the latter is exhausted. All sick leave shall be requested
by use of the established Leave Request Form.
Absence for a fraction of a day that is chargeable to sick leave in accordance with these
provisions shall be charged proportionately in one - quarter (1/4) hour increments.
Section 26.3 Conversion of Sick Leave. An employee shall be entitled to the conversion of
his /her Sick Leave as follows:
A. Conversion Upon Separation The employee may convert his/her sick leave
subject to all of the following conditions:
1) The employee separates employment while in good standing (employee's
separation must not be for just cause) with the City;
2) The employee has at least ten (10) years of full -time public service, five
(5) years of which must be full -time continuous service with the City; and
3) The employee must have a Sick Leave Balance of at least five hundred
(500) hours at the time of separation;
The rate of pay for such accumulated sick leave 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 accumulated sick leave hours. Total payment under
this provision shall not exceed 700 hours. In the event an employee dies
while in the employ of the City, except as provided in paragraph (C) of
this section, and the employee has at least ten (10) years of full -time public
service, five (5) of which is full -time continuous service with the City, his
or her spouse, or secondarily his or her estate, shall be paid the
aforementioned rate of redemption for accumulated unused sick leave.
B. Annual Conversion During December of each year, each employee may convert a
portion of 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 five hundred (500)
hours at the end of the first pay period in December;
2.) The employee must have forty (40) hours or less of sick leave usage for the
past 12 months as of the end of the first pay period in December (FN/ILA
protected leave exempted);
3.) The employee may convert no more than twenty -eight (28) hours of sick
leave to pay;
4.) Sick leave shall be converted at the rate of one (1) hour of sick leave to one
(1) hour of pay at the straight time hourly rate of pay;
38
5.) Once sick leave is converted to pay, it shall not be converted back to sick
leave.
6.) This payment shall be made to the employee by separate check with the
first pay of the following calendar year.
C. 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 Employer. 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. New employees hired on or after the ratification of this
Agreement, whose sick leave is transferred from another public employer, must first use sick
leave accrued with the City of Dublin prior to using his /her transferred balance. In addition,
on or after the ratification date of this Agreement, any newly hired employee's transferred
sick leave shall not be eligible for conversion to a cash payment either on an annual basis or
upon retirement or resignation.
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. The work
week begins at 12:00 AM Sunday morning and ends at 11:59 PM Saturday night.
The regularly scheduled workday will be eight (8) consecutive -hours (other than designated
snow shifts), with two (2) 15- minute breaks each workday. Such breaks shall not interfere
with the proper performance of work responsibilities of the work unit or department, as the
case may be. The breaks will be considered as part of the employee's work -time. Breaks
may normally be taken at the work site, but any travel time to and from the work site is part
of the 15- minute break period and shall be included in the break. Break time shall not be
connected to starting and — ending time of the employee's workday. Break time is not
cumulative and the two breaks cannot be aggregated together. There is not any time allowed
to take a lunch or meal break when working a regular eight (8) consecutive hour shift. If any
food /snacks are consumed, they will be —consumed during breaks whenever possible;
employees shall utilize city facilities for restroom breaks. Employees may not use restroom
breaks during the workday as an opportunity to purchase food or drinks.
The following are the shifts and hours of work:
3:00 p.m. to 11:00 p.m.
39
4:00 p.m. to 12:00 a.m.
7:00 a.m. to 3:00 p.m.
5:30 a.m. to 1:30 p.m.
The City may add shifts, such as a swing or third shift, and may modify the above shifts
provided that the City gives at least thirty (30) days written notice to the affected employees
and the Union.
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 works with approval
from an appropriate supervisor on the seventh consecutive day within his scheduled work
week, and the employee has actually worked at least thirty-two (32) hours in the five (5)
previous days plus a minimum of three (3) hours on the sixth (6th) consecutive day of work,
that employee shall be compensated at the rate of double -time for all hours worked on the
seventh consecutive day. For purposes of this section, the seventh (7th) day shall be
considered to start at 12:00 midnight and end at 11:59 p.m.
Section 27.4 Call In Pav /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 one hundred sixty (160). After an
employee's maximum compensatory time bank has reached one hundred sixty -(160) hours, all
additional overtime for such employee shall be paid at the appropriate overtime rate. If at the
end of each payroll year 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. An employee may carry over up to one
hundred sixty (160) hours of compensatory time from one payroll year to another. However,
in no event may the employee exceed the maximum amount of one hundred sixty (160) hours
in his or her compensatory time bank and all additional overtime for such employee shall be
paid at the appropriate overtime rate.
40
During any one payroll year, an employee may earn a maximum amount of compensatory
time of two hundred forty (240). Once the employee has earned a maximum amount of
compensatory time of two hundred forty (240) hours in a payroll year (inclusive of any usage
during the payroll year), all other overtime for that payroll year shall be paid at the
appropriate overtime rate regardless of the number of hours of compensatory time in the
employee's compensatory time bank.
Section 27.6 Pavment 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.
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 (1/4) hours. In the event that a request for compensatory time is
denied because of operational needs, the employee will be given the opportunity to take the
compensatory time at another time. If the alternate time is not acceptable for either party,
then the number of hours requested may be paid out in the next pay per the request of the
employee
ARTICLE 28
REINSTATEMENT FROM CERTAIN PERSONNEL ACTIONS
Section 28.1 Reinstatement from Resignation. Any employee who voluntarily resigns his
position within the bargaining unit, may be reinstated to a full -time position within the same
job classification from which he resigned if there is a need for his services within two (2)
years after the date of resignation, subject to approval by the City Manager. If there is no
vacancy at the time of request for reinstatement, the Director of Human Resources shall place
the name of said applicant at the top of the appropriate re- employment list for the remainder
of the two (2) year period.
Section 28.2 Reinstatement from Military Service. Pursuant to the Ohio Revised Code
Section 4903.03, any employee who leaves, or has left, the City service to enter the active
service of the Armed Forces of the United States, or any branch thereof, and who is
subsequently reinstated to employment with the City, shall be entitled to receive
compensation at the Step rate to which the employee would have been entitled had service
with the City not been interrupted by service in the Armed Services. Reinstatement rights are
also governed by the Uniform Services Employment and Re- Employment Rights Act
( "USERRA ").
Section 28.3 Reinstatement from Authorized Leave. Time spent on authorized leave shall
be credited for purposes of step advancement and shall not constitute a break in service.
41
ARTICLE 29
VACATION LEAVE
Section 29.1 Vacation Year. The vacation year for employees shall end at midnight on the
last day of the payroll calendar year.
Section 29.2 Conditions for Accrual. Employees shall accrue vacation leave per pay
period at the annual rate set forth in Section 29.4. In addition, an employee shall not earn his
full vacation accrual in a given pay period unless he is in full pay status (i.e. on duty or on
approved leave with pay) in the entire pay period. In the event an employee is not in full pay
status during the entire pay period, he shall accrue vacation on a pro -rated basis taking into
account the number of hours in full pay status during the pay period and his rate of accrual at
that given time. The formula for pro - rating the employee's accrual under such circumstances
shall be the number of hours in full pay status multiplied by the converted hourly accrual rate.
Section 29.3 Prior Public Service Credit An employee who has prior public service with
any state government, or any political subdivision thereof, may receive credit for his prior
service with such entity, for the purpose of computing the amount of his vacation leave with
the City, if the nature of said service is relevant to the nature of his service with the City of
Dublin.
A new employee of the city will immediately accrue vacation according to the vacation
accrual scheduled in section 29.4. A new employee with less than one (1) year of prior public
service shall not be able to use vacation within the first 6 months of employment
A new employee with more than 1 year of prior public service shall be entitled to use
vacation after three (3) months of employment
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 - 9 Years
142 Hours
10 - 15 Years
182 Hours
16 - 20 Years
208 Hours
21 Years or More
246 Hours
Section 29.5 Vacation Carry -Over. An employee with fewer than eleven (11) completed
years of public service may automatically carry over from one payroll calendar year to the
next a maximum of one hundred sixty (160) hours of vacation leave previously earned but
not used. An employee with eleven (11) to nineteen (19) complete years or more completed
years of public service may carry -over a maximum of two hundred (200) hours of vacation
leave from one payroll calendar year to another payroll calendar year. An employee with
twenty (20) or more completed years of public service may carry over a maximum of two
42
hundred forty (240) hours of vacation leave from one payroll calendar year to another payroll
calendar year.
Section 29.6 Vacation Scheduling/Use. 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.
B. Casual Scheduling. For other than annual scheduling, employees may request
occasional, casual use of vacation leave. Approval of such casual vacation leave shall
be on a first -come first -served basis.
C. Vacation leave may be taken in multiples of one - quarter (1/4) hour.
D. Vacation Leave shall not be used to artificially extend the separation date of an
employee's resignation from employment with the City. The effective date of an
employee's resignation from employment shall be the same as the employee's last day
worked.
Section 29.7 Rates of Pav for Vacation Hours. All vacation hours shall be paid at the
applicable straight time rates; however, an employee ordered to work while on approved
vacation leave shall be paid at the double time rate, with a minimum guarantee of four (4)
hours pay for each such call -in.
Section 29.8 Pavment for Accrued Vacation Leave Upon Resignation /Separation and
Death. Employees who are laid off, who resign with two (2) weeks' notice, or who are
separated from City service shall be paid all unused but accrued vacation to which they are
entitled at the rate of pay in effect at the time of separation. In the event of an employee's
death, such compensation shall be paid to the employee's surviving spouse, or secondarily, to
his /her estate.
Section 29.9 Annual Conversion of Accrued Vacation Leave. During December of each
year, each employee who has completed eleven (11) years of public service may convert a
portion of his/her accrued but unused vacation leave to a cash payment subject to all of the
following conditions.
1. The employee must have a vacation leave balance of at least one hundred and twenty
(120) hours at the end of the first pay period in December;
2. The employee may convert no more than forty (40) hours of vacation leave to pay;
43
3. Vacation leave shall be converted at the rate of one (1) hour of vacation leave to one
(1) hour of pay at the member's current straight time hourly rate of pay;
4. Once vacation leave is converted as part of this process, it cannot be converted back
into vacation leave.
This payment shall be made to the member by separate check within the first pay
period of the following calendar year.
ARTICLE 30
INJURY LEAVE
Section 30.1 Iniury 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 Workers' Compensation Law, injury leave shall
be granted for a period not to exceed one hundred eighty (180) calendar days after the date of
injury. Such leave shall be granted by the City Manager, or his designee, 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 Workers' Compensation Law. In
order to be eligible for injury leave, the employee must report the illness /injury to his
supervisor within three (3) work -days of the incident giving rise to the illness /injury.
Simultaneously 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 any one calendar year
or other unit of time.
ARTICLE 31
SPECIAL LEAVES
Section 31.1 Leave Without Pay. Leave without pay may be granted, upon the approval of
the City Manager, or his designee, if requested in writing by the employee. An employee on
leave without pay shall not accrue sick leave or vacation benefits and, for non- medical /non-
family leave situations or for the period beyond twelve (12) weeks of family or medical
44
leave, the employee will also be required to pay one hundred percent (100 %) of the cost
associated with maintaining his medical, dental, vision, and /or life insurance coverages if he
wishes any or all of said coverages continued. Failure of any employee to report promptly at
the expiration of such leave of absence shall be considered as a resignation. Leave without
pay may be granted for:
A. Personal Leave. A leave without pay may be granted at the discretion of the City
Manager, or his designee, for personal reasons not to exceed thirty (30) days without
loss of seniority, if the employee can be spared. This may be extended only with the
written approval of the City Manager, or his designee, and must be submitted in
writing a minimum of two weeks prior to the requested date of the 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.
C. Maternitv Leave. A maternity leave without pay may be granted to an employee
without loss of seniority upon approval of the City Manager, or his designee.
Extension of the leave may be granted for a period not to exceed one (1) year, if the
employee's physician states in writing that such an extension is needed for
recuperative health reasons related to pregnancy. Leave without pay during the
probationary period shall not be counted part of that period.
D. Military Leave (Active 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. Union sponsored conferences and training. 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 fifteen (15) calendar days per calendar year for
labor contract administration and to attend union sponsored conferences and training
with no loss in seniority, shall accrue all leaves, and the city will maintain full
payment of medical, dental, vision, and life insurance. 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. Notice for attendance to pre -
scheduled conferences and training should be 30 -days.
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.
45
B. Bereavement Leave. In the event of a death in an employee's family, the employee
shall be entitled to up to three (3) paid work days per calendar year for funeral
services and /or burial. Additional days of personal leave, vacation leave, and
compensatory time 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 -law, half- brother and half- sister, aunt, uncle, or any other
relative living in the home of the employee.
C. Military Reserve Leave. A member who, as a member of the Ohio National Guard,
the Ohio Defense Corporation, the Ohio Naval Militia, or as a reserve member of the
Armed Forces of the United States, is called upon to receive temporary military
training, shall be entitled to a leave of absence with pay for a period or periods not to
exceed twenty -two (22) eight (8) hour work days or one hundred seventy -six (176)
hours in any one (1) calendar year. A member qualifying for paid military leave who
is called or ordered to the uniformed services for longer than the above period shall be
paid for the remaining time beyond the first twenty -two (22) eight (8) hour work days
or one hundred seventy -six (176) hours at his or her regular compensation rate less
whatever compensation the member may receive for such military service. If the
member's military compensation exceeds the compensation the member is otherwise
entitled to from the City, the member will not be entitled to any additional
compensation from the City.
D. Familv/Medical Leave (FMLA Leave). Pursuant to the Family and Medical Leave
Act of 1993, FMLA leave may be granted to an employee who has been employed for
at least twelve (12) months by the City and who has provided at least one thousand
two hundred fifty (1,250) hours of service during the twelve (12) months before the
leave is requested. The leave may be granted up to a total of twelve (12) weeks
during any twelve (12) month rolling period for the following reasons:
1. Because of the birth of a child or placement for adoption or foster care of a
child;
2. In order to care for the spouse, son, daughter, parent, or one who stood in place
of a parent of the employee, if such spouse, son, daughter, parent, or "in loco
parentis" has a serious health condition;
3. Because of a serious health condition that makes the employee unable to
perform his /her employment functions.
The employee must provide the employer with thirty (30) days advance notice of the
leave, if such leave is reasonably foreseeable, or such notice as is practicable if thirty
(30) days' notice is not possible. The employee must provide the employer with
certification of the condition from a health care provider. The employer, at
employer's expense, may require a second opinion on the validity of the certification.
If this second opinion contradicts the first opinion submitted by the employee, a third
opinion, at the employer's expense, shall be sought from a mutually agreeable
46
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, personal
leave, and compensatory time before going on unpaid leave. The total amount of
family leave paid and unpaid will not exceed a total of twelve (12) weeks. In any case
in which a husband and wife entitled to family leave are both employed by the City,
the aggregate number of workweeks of leave to which both may be entitled may be
limited to twelve (12) weeks taken because of the birth of a child or placement for
adoption or foster care of a child. The employee will be responsible for his /her share
of the health insurance cost (if any) during the unpaid leave. If the employee does not
return from the leave, he /she is responsible for payment to the City of the monthly
Single/Family rate paid by the City on behalf of the employee during the leave. The
City may, at its sole discretion, waive the repayment of such amount. The City will
be responsible for the thirty (30) day plan costs under COBRA.
It is intended that this Article comply with the Family and Medical Leave Act of 1993
and the City may promulgate policies in furtherance of the Family and Medical Leave
Act that are not inconsistent with this Agreement.
E. Other. Leave with pay may be granted by the City 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.
ARTICLE 32
LEAVE DONATION PROGRAM
Section 32.1 Purpose The purpose of this Article is to establish regulations governing the
operation of a Leave Donation Program that allows employees to voluntarily donate sick
leave, vacation leave, personal leave, or compensatory time to another employee when the
employee experiences a catastrophic illness /injury, or when such an employee's immediate
household family member experiences such an illness or injury requiring the employee's
personal care and attendance, and the employee has exhausted all of his/her sick leave,
vacation leave, personal leave, compensatory time, or other applicable paid leave balance.
Section 32 .2 Definitions.
Catastrophic Illness /Iniury - 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.
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, domestic partner, son, daughter,
stepson, stepdaughter, legal guardian, or someone who legally stands in place of a parent.
Section 32.3 Program Regulations
47
A. Eligibility
Eligibility to donate leave or to receive donated leave under this program shall be
limited to United Steelworkers bargaining unit members and all Non -Union
personnel of the City serving in full -time permanent positions. Eligibility to
receive donated leave under this program shall also be limited to those employees
who have a total of one hundred twenty (120) hours or less in all forms of paid
leave in the aggregate (i.e. sick leave, vacation leave, personal leave,
compensatory time) at the time of their written request to receive donated leave,
and who have not been disciplined for leave abuse the two (2) years prior to the
date of their request to receive donated leave.
B. Request for Leave
When an employee has less than a total of one hundred twenty (120) hours in all
forms of paid leave (as specified above) in the aggregate, the employee or the
employee's immediate family member may initiate a request for assistance. The
request shall be forwarded to the Human Resource Department Business Partner
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 the Human Resource Department may recommend approval
for receipt of donated leave to the City Manager. The City Manager shall make
the final decision regarding approval of the employee's request. The final
decision to approve or disapprove the request rests within the sole discretion of
the City Manager.
C. Donation Process, Procedures & Requirements
Should the employee's request to receive donated leave be approved by the City
Manager, employees (herein called donors) who desire to contribute leave time
shall complete a "Leave Donation Form." Such forms shall be made available by
the Division of Human Resources. The donor shall designate on the form the
amount and type 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.
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.
48
3. After sixteen (16) hours of vacation leave, personal leave, or compensatory
time have been donated, or waived as specified above, sick leave may then be
donated. Sick leave donations shall be limited to forty (40) hours. After forty
(40) hours of sick leave donation has been reached, the entire donation
sequence may begin again starting with Item 1, above.
D. Minimum Donation Increments
The minimum amount of leave time which can be donated shall be one (1) hour.
Donors may contribute any amount of time at or above one (1) hour in whole
amounts (no fractions of an hour can be transferred). However, the donor shall
not be allowed to donate an amount of leave which would reduce the donor's
leave balance or combination of balances below one hundred and twenty (120)
hours of available leave time.
E. Leave Coordination
The Human Resources Business Partner shall facilitate the flow of information
and to maintain a direct line of communication with the recipient. Upon approval
of all Leave Donation Forms all such forms shall be forwarded directly to the HR
Business Partner. The HR Business Partner 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 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 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).
49
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.
L 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.
ARTICLE 33
INSURANCE
Section 33.1 Medical, Dental, & Vision Benefits. The City shall make available group
medical, prescription drug, dental, and vision benefits to all employees and dependents who
meet the eligibility requirements of the plan. The City will provide health insurance coverage
to Employees through a high deductible, health savings account (HSA) or a Health
Reimbursement Account (HRA) for those employees ineligible for an HSA based on either
50
Medicare or TriCare enrollment. Annual deductibles shall be $2,500 for single coverage in
network and $5,000 for family coverage in network for both medical and pharmacy coverage.
In addition, the City will make annual contributions to each participating employees' health
savings account based on the coverage level (single or family) and participation in the City's
Wellness program, Healthy by Choice (BBC) Plus. The benefit plan provides participation -
based and results -based wellness incentives to help offset the employee deductible amounts
under this plan design. Details of the Healthy by Choice program and contributions are
included in Attachment A and incorporated into this Article by reference.
For the calendar years beginning January 1, 2014, January 1, 2015, and 2016:
Participation - Based
Single Coverage: $1,125
Family Coverage: $2,250
Results — Based
$150 per health factor for blood pressure, cholesterol and tobacco -free status
$ 300 per health factor for weight
Participating employees, newly hired during the year shall have the City's contribution to
their HSA or BRA based on the enrollment period for the HBC program in that initial year.
A. Medical and Pharmacv Coverage
The City shall make available group medical and pharmacy benefits to all employees and
dependents who meet the eligibility of the plan. The plan design of this program shall be
substantially the same as that in effect on December 31, 2013 with the following exceptions,
which shall become effective upon execution of this Agreement.
a) Premium Equivalent Contribution. Beginning in 2015, there will be a premium
surcharge of 15% of the premium equivalent based on coverage level of either single
or family coverage for tobacco use if either the employee or covered spouse uses
tobacco. In the event that the Employee and/or spouse uses tobacco, the Employee or
Spouse may make a request for an alternative standard during open enrollment and
the City will work with an employee (and, if they wish, the employee's doctor) to
earn the same reward by different means. If coverage is elected, a premium
equivalent will be charged through a payroll deduction.
B. Dental and Vision Insurance
The City shall make available group dental and vision benefits to all employees and
dependents who meet the eligibility of the plan. The plan design of this program shall be
substantially the same as that in effect on December 31, 2013 with the following exceptions,
which shall become effective upon execution of this Agreement.
a) Premium Equivalent Contribution. The city will make dental/vision insurance a
separate option beginning in January 2014. The City will make dental/vision
coverage available at no charge if the employee has elected medical insurance for the
calendar year 2014. For calendar years 2015 & 2016, a premium equivalent
contribution will charged for dental/vision coverage. The premium will be waived if
the employee and enrolled spouse have had one preventive care dental screening
51
during the plan period.
b) Dental coverage will be paid at 90% of the Usual and Customary Rate (UCR)
beginning in 2015.
A. Flexible Spending Account
Employees may choose annually, during the established open enrollment period, to
participate in a dependent care Flexible Spending Account to cover eligible expenses as
determined by the IRS.
B. Patient Protection and Affordable Care Act (PPACA)
In light of the Patient Protection and Affordable Care Act of 2010 and anticipated changes
that may result from further rules as defined by the governing bodies, the City will be legally
required to adhere to changes that affect our benefit plan and could affect the delivery of
benefits to Employees. The changes will be implemented on a timeline as required by law
and shall not be negotiated. When those situations arise, the City will notify the Union of
such changes prior to implementing the change.
Section 33.2 Nicotine Incentive Employees who participate in Healthy by Choice and
receive the incentive for non - tobacco use will be required to sign a confirmation form
attesting that the Employee has not used any tobacco products during the prior calendar year.
In the event that the Employee uses tobacco, the Employee may make a request for an
alternative standard during open enrollment and the City will work with an employee (and, if
they wish, the employee's doctor) to earn the same reward by different means. Any
Employee who falsifies an attestation regarding non - tobacco use may be subject to
disciplinary action.
Employees who participate will be required to submit an appropriate nicotine testing form
authorizing such tests as a condition of participation in the program. Any employee who
refuses to participate in nicotine testing shall be ineligible for any tobacco -free incentive
offered by the City.
Section 33.3 Change in Carriers. If it becomes necessary to change carriers (medical,
dental, vision, and life insurance benefits only), and such change would affect the benefits
under the plans, the City agrees to meet with representatives of the Union prior to
implementing the change in order to negotiate the impact of any proposed change.
Section 33.4 Life Insurance. Effective upon execution of this Agreement, the City shall
provide group term life insurance coverage in an amount equal to one and one -half (1 -%)
times each employee's annual base compensation rate, with a minimum coverage level of
$50,000 and a maximum overage 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 31 of each year shall be used to calculate the amount of life
insurance the employee will have the following year (e.g. annual base compensation level in
effect on 12 -31 -2009 shall be used to calculate the life insurance amount the employee will
have during the 2010 calendar year). In addition, the coverage reduction provisions within
the existing life insurance policy in effect as of 12 -31 -2002, which begins at age 65, shall
remain in the life insurance policy under this Agreement. Coverage amounts shall be
doubled if the employee is killed in the line of duty.
52
Attachment A. Healthv by Choice Plus Benefit Plan including a Health Savings
Account/Health Reimbursement Account
A. Emplovee "Health Savings Account/Health Reimbursement" Contribution
Participation in Wellness Program
An annual opportunity for both the employee and enrolled dependent spouse or domestic
partner if applicable, to voluntarily participate in the Healthy by Choice Plus program to earn
contributions towards a Health Savings Account (HSA) or Health Reimbursement Account
will be made in accordance with the City's wellness initiative ;
Participation -Based (Employee, Enrolled Spouse or Domestic Partner):
1. During open enrollment: Participate in on -site screenings, complete an on -line health
assessment, and submit documentation during the established open enrollment period;
2. During the City's designated HBC plan year, complete a preventive visit and required
preventive screenings;
3. (Employee only) Attend two one -hour educational programs
Results -Based (Employee, Enrolled Spouse or Domestic Partner):
The results -based incentives are based on meeting four key health factors in relation to blood
pressure, cholesterol, body mass index /waist circumference, non - tobacco use during the open
enrollment period.
In addition, if an employee or enrolled spouse /domestic partner might be unable to meet a
standard for a reward under the Healthy by Choice program in light of their health status,
they might qualify for an opportunity to earn the same reward by different means. The City
will work with each participant (and, if they wish, with their doctor) to find a wellness
program with the same reward that is right for that participant in light of their health status.
Both the employee and spouse (if enrolled) must participate in the Wellness Program in order
to qualify for the annual contribution based on family coverage. Employees who have a
spouse also employed by the City have two options: (1) elect one family coverage plan
through either the Employee or Spouse's position, or (2) or both elect single coverage. If
either Employee or spouse has dependent children, they must elect the first option.
D. Citv's Deposits. Deposit of the City's contribution into a HSA for each calendar year will
be based on the following schedule:
Contribution for Participation -Based Incentive: Contributions will be deposited three times
during the year including January, May and September. 1/3 of the participation contribution
plus any health factors that were met during open enrollment will be deposited in January.
The remaining 2/3's will be deposited equally in May and September. If an employee or
enrolled spouse /domestic partner requested and met an alternative standard, the full amount
of the reward would be deposited.
53
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
tourist rate will be provided for lengthy trips when travel is approved by the City
Manager.
D. Hotel or motel charges when lodging is not provided as a term of tuition payment.
E. Hourly rates will be paid when schools or training are scheduled during regular
working hours.
F. All necessary tools and equipment required by the course of instruction.
Checks may be issued in advance for paragraphs A. and D. of this Section.
Section 34.2 Tuition Reimbursement.
A. Reimbursement Program. All employees of the bargaining unit may participate
54
in the City's Tuition Reimbursement Program. Under this program, each
employee shall be eligible for a maximum of three thousand dollars ($3,000) in
reimbursement per calendar year for fees and required textbooks, and courses of
instruction voluntarily undertaken. Courses of instruction eligible for
reimbursement under this program shall include courses necessary for job - related
degree programs or courses of study not necessarily within 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 or a continuing course of study if all courses within the program are
identified. If all or part of the program is approved, the employee need not
reapply for approval for each course within the portion(s) approved. If all or part
of the program /coursework is disapproved by the Director of Human Resources,
the employee may appeal, in writing, said disapproval directly to the City
Manager within seventy -two (72) hours of notification from the Director of
Human Resources. The City Manager will issue a written decision on the
employee's appeal within five (5) working days of receiving said appeal.
C. Course Attendance. Courses are to be taken on other than scheduled working
hours, unless approval is obtained from the Division Head, or his designee, to take
such courses on work time.
D. Reimbursement Procedure. Reimbursement shall be made upon successful
completion of a course with a grade of C (2.00) or better. The employee shall
submit an official transcript or certificate demonstrating successful completion of
the course and a receipt from the institution confirming the employee has paid for
tuition, fees, and required textbooks. Any financial assistance available to an
employee shall be deducted from the amount of tuition reimbursement that would
otherwise be payable. The 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.
E. Pavback 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 one hundred percent (100 %) of the reimbursement. If an employee
separates service within the second year after reimbursement, the employee must
55
pay back fifty percent (50 %) of the reimbursement This payback must be
satisfied within one (1) year of the employee's separation date. Failure to fully
satisfy such obligation by the former employee may generate an adverse
recommendation in response to future reference checks by prospective employers.
ARTICLE 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
ON DUTY SHORT - NOTICE OVERTIME
Section 36.1 "On Dutv" Status Procedures and Assignment of Short Notice Overtime
The City agrees to offer overtime (Section 27.2) for other than non -short notice overtime
activities (Article 36) in accordance with the following:
Section 36.2 Short Notice Overtime and "On Dutv" - Defined The employer and the
Bargaining Unit mutually recognize that certain services provided by the employer are "short
notice" in nature. Short notice events include, but are not limited to, weather - related events
such as snow, flood, wind, etc.; unanticipated utility disruptions; unanticipated disruptions to
the transportation system and other events of an unanticipated/unplanned nature that occur
during periods of the day or week when staffing is at its lowest or no staff is on hand. These
events result in the need to have personnel "On Duty" and to respond when called in order to
initiate actions to stabilize the situation or to completely resolve the situation. Therefore, it is
necessary to establish lists of personnel in "On Duty" status in advance to ensure the
necessary personnel are readily available for short notice responses. For the benefit of both
parties, the following processes are set forth:
For an employee to be eligible for overtime, they must designate one phone number where
they can be reached. Employees are expected to respond to that phone number and/or call
back in a reasonable amount of time. In an employee fails to respond and /or call back, the
employee will be skipped and lose the chance for the overtime opportunity.
For snow and ice season, expected response time for an overtime call is no more than 45
minutes unless that employee is formally "on duty" receiving compensation.
To be eligible for overtime, the employee must be trained, qualified and experienced on
equipment that will be used for that overtime opportunity.
All overtime is treated the same except: the City has numerous overtime opportunities that
are associated with planned events /activities (e.g. leaf collection, chipping, facility closure,
Wo
night patching) festivals and celebrations. Planned overtime is treated separately. (See section
20.4 — Planned Overtime)
Employees who are working on a particular work assignment but cannot complete the
assignment before the end of the workday may continue to finish the assignment without
invoking the overtime seniority list provided it is no longer than three (3) hours and with
prior approval of the Crew Supervisor. The City will make a good faith effort not to abuse
this section.
In any call -out overtime situation, the supervisor must make a decision as to how many
employees will be needed to correct the situation that caused the overtime event. In the event
that the supervisor is qualified and can abate the situation in less time than it takes for an
employee to be called out and respond (40 minutes), the supervisor may perform such work.
The City will make a good faith effort not to abuse this section.
A. Offer of On Duty Status The City shall determine and post the dates, times and
number of personnel necessary to satisfy the City's needs for individuals to be
placed in an on duty status using On Duty Sign -Up Sheet's. On Duty Sign -Up
Sheet/s shall be displayed no sooner than one (1) month prior to the period to be
covered and will be removed no sooner than two (2) weeks (fourteen (14 calendar
days) prior to the on -call period. Postings will cover no more than two (2) weeks at
a time. The division shall post the signup sheet for a minimum of four (4) calendar
days.
B. Work Units — Defined Work units are defined as follows:
• Fleet Maintenance
• Custodial Services
• Parks and Open Spaces
• Facilities Maintenance
• Streets & Utilities
• Sign Shop
C. Duration of On Duty Status Employees serving in an On Duty status shall serve in
such status for periods of seven (7) calendar days at a time. In the event the
bargaining unit member cannot serve up to two (2) consecutive days of the full seven
(7) days schedule of "On Duty ", he /she shall find a replacement within his /her
shift/department. Failure to do so shall forfeit his /her pay for those days in question.
D. Number of Positions to be Offered The number of positions to be posted by the
City for On Duty status shall not exceed a total of twenty -five (25) for all work units
combined and no more than fourteen (14) from any one work unit. A minimum of
two phones per shift during snow and ice season. This list will be used for all short
notice events outside of snow removal season. The Bargaining Unit shall fill the list.
Once a canvass of all Bargaining Unit members from S &U work unit and any other
bargaining unit member with in the job classification, then the City may offer phones
to any other non - bargaining unit members.
E. The following procedure outlined in provisions one (1) through seven (7) below will
be used during snow removal season, which runs from I' Tuesday of November
through April.
57
1. The S &U snow removal shifts will be divided into an AM shift and a PM shift.
The AM shift will be from 12am to 12pm. The PM shift will be from 12pm to
12am. This shift set -up will be used for Streets & Utilities and Mechanics.
2. There will be up to fourteen (14) people on the snow event On Duty list from
Streets & Utilities. In addition, the On Duty list will also include the following
breakdown of bargaining unit employees: up to Five (5) Parks & Open Space,
two (2) Mechanics, two (2) Custodial and up to two (2) Sign Shop. Each work
unit will maintain its own On Duty list
3. When the S & U On Duty list is not filled by S & U bargaining unit members, the
remaining vacant On Duty positions shall be filled by qualified bargaining unit
members from the canvass (by job classification and work unit) then to non-
union that are qualified for snow and ice removal and possess a Class A or B
Commercial Driver's License.
4. The On Duty will run for 1 week and S & U, Custodial Services, Parks and Open
Spaces, Fleet Maintenance, Facilities Maintenance, and Sign Shop on call period
starting at 7:00 AM on Tuesday and will end at 7:00 AM the following week
(seven 7 days). Management can at its discretion change the days and times of
the On -Dutyl week; however, all work units shall have consistent On -Duty weeks
and times and the On Duty period must be seven days.
5. While On Duty within your work unit, you are not eligible to sign up for S & U
snow On Duty. Assignments of AM & PM on call shifts will mirror the AM and
PM snow shifts.
6. To be eligible to be On Duty in S &U, employees must also be assigned to the
corresponding AM or PM S &U planned overtime assignment (Article 20.4 E
through G).
7. All other overtime during the snow and ice season that is not shift related will be
the responsibility of the "On Duty" employees for their respective AM or PM
shifts.
For snow event situations the On Duty list that will be used will be based on what
shift is listed for the time of the snow event necessitating the call -in. Of the On Duty
list the phones will be divided evenly between the AM/PM shifts.
If the need for overtime is initiated between 9 PM and 9 AM, then the "On Duty"
personnel will be called to report to work. If the need for overtime is initiated
between 9 AM and 9 PM, then the PM on -call personnel will be called to report to
work.
F. Overtime Sign-Up Ranking for Planned Overtime Once the On Duty Sign -Up
Sheet/s have been posted, those signing up on the sheet/s will be ranked for
assignment in the following order: Bargaining unit members (by job classification
and work unit) on the basis of seniority starting with the most senior member of the
bargaining unit (by classification and work unit) proceeding to the least senior
.6:
member of the bargaining unit (by classification and work unit), then to all other
bargaining unit employees (by classification) within the City, who can safely
perform the work, and then to non - bargaining unit personnel who can safely perform
the work. Should the Overtime Sign -Up Sheet/s subsequently not be filled,
bargaining unit members, from least senior member to most senior member (within
the classification and work unit for which the planned overtime was initiated), shall
be compelled to be placed on the Overtime Sign -Up Sheet/s. Should the Overtime
Sign -Up Sheet/s still not be filled, bargaining unit members (by classification) who
can safely perform the work shall be compelled to fill the sheets in order of least to
most seniority.
G. Assignment of Short Notice Overtime The following governs the assignment of
short notice overtime: short notice overtime will be assigned to those who are on the
On duty Sign -Up Sheet/s as a result of filling the sheet's in accordance with Article
36, above. Assignment will be made first to bargaining unit members (by job
classification and work unit) on the basis of seniority starting with the most senior
member of the bargaining unit (by classification and work unit) proceeding to the
least senior member of the bargaining unit (by classification and work unit), then to
all other bargaining unit members (by classification) and then to non - bargaining unit
personnel who can safely perform the work. Should the overtime assignment
subsequently not be filled, bargaining unit members, from least senior member to
most senior member (within the classification and work unit for which the planned
overtime was initiated), shall be compelled to work the overtime assignment. Should
the overtime assignment subsequently not be filled, bargaining unit members, from
least senior member to most senior member (by classification), shall be compelled to
work the overtime assignment. Planned overtime shall be governed by Article 20.4.
H. Termination of Short Notice Overtime Because the parties agree to maximize the
opportunity for bargaining unit members to have priority to sign up for On Duty
status and to be assigned short notice overtime, all those called in for the short notice
overtime, including others, are permitted to work that overtime until the situation is
resolved or until he /she can be replaced by another employee of the appropriate work
unit and classification on their regularly assigned shift.
Section 36.3 On Dutv— 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 Duty status. In order to be in an On Duty
status and/or while in an On Duty status, the employee must be in the "coverage
area" of the communication device provided by the City.
Overtime procedure for non -Snow and Ice season
Overtime will be offered to Bargaining unit employees on duty. If more staffing is
needed, then:
1. The overtime roster at the beginning of the overtime season will be established listing
in order the most senior bargaining member to the least senior bargaining unit
member.
2. Overtime will be offered to all bargaining unit members qualified, experienced, and
trained employees who normally perform the work in that work unit.
59
3. Overtime will then be offered on a rotating basis to the most senior bargaining unit
member to the least senior bargaining unit member until a sufficient number of
employees have accepted to perform the overtime work.
4. The next overtime opportunity will be offered to the next most senior bargaining unit
member where the last solicitation left off. (rotating offers)
5. If there are insufficient number of bargaining members who respond to the overtime
opportunity and all fulltime bargaining members who normally perform the work in
that work unit have been solicited, the supervisor may then solicit qualified, trained
and experienced bargaining unit members in other work units.
6. If for some reason after all qualified employees have been solicited and sufficient
number of employees have not been secured to complete the overtime opportunity,
the supervisor may then solicit any qualified, trained and experience seasonal
employees.
7. Supervisors may mandate the least senior bargaining unit member in the work unit to
work the overtime after this process has been exhausted.
Section 36.4 On Dutv Notification Those Bargaining Unit Members in an On Duty status
will be notified of the need to fulfill a short notice overtime assignment via the
communication device 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
Duty 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 Duty 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 Duty status.
Should the employer determine the On Duty 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 Duty status will still receive On Duty
pay.
Section 36.5 On Dutv Response Those Bargaining Unit members in an On Duty status
shall verbally respond to a notification immediately upon receipt. Once the Bargaining Unit
member verbally responds, he /she must report to the Service Center within thirty-five (35)
minutes, under normal driving conditions. Failure to respond, verbally and /or physically, to a
notification while in On Duty status will result in a forfeiture of his /her On Duty pay for that
day. Failure to respond to a notification twice in one (1) seven (7) day period, while in On
Duty status, may result in the Bargaining Unit member being barred from "On Duty" status
for no longer than two (2) consecutive weeks-
Section 36.6 On Duty Inability to Perform If a Bargaining Unit Member cannot meet the
obligation of the On Duty status for which he /she has been selected, he /she must provide (24)
hours' notice to the On Duty supervisor in advance. The Member shall offer the On Duty
phone to the most senior Bargaining Unit member who is assigned to that shift/department.
The member will then not be paid "On Duty" pay for those hours not in an "On Duty" status.
Repeated requests from a Member to be removed from "On Duty" status may result in the
Bargaining Unit member being barred from "On Duty" status for no longer than two (2)
consecutive weeks.
60
Section 36.7 On Duty Fit for Duty Bargaining Unit Members placed in an On Duty status
must refrain from alcohol/drug consumption and activities, which may preclude him /her from
being fit to perform assigned work when responding to a notification. The following
addresses the issue of fitness for duty in relation to sick leave:
A. That should a member call in sick for his /her regularly scheduled shift on a day on
which he /she is serving in an On Duty capacity, that member must call his /her on-
call Crew Leader by 3:00 p.m. (for all first shift employees) and by 9:30 p.m. (for
all second shift employees) that same day to advise the On Duty Crew Leader
regarding whether he /she is still too sick to fulfill his /her obligation for that evening,
if called upon, or has recovered to the point he /she can successfully fulfill his/her
obligation if called upon. Should the member advise the On Duty Crew Leader that
he /she is fit to fulfill his/her obligation for that evening, if called upon, he /she shall
remain On Duty status. Should the member advise the On Duty Crew Leader that
he /she is unfit to fulfill his /her obligation if called upon, then he /she shall forfeit
his /her On Duty pay until he /she has again returned to his/her regularly scheduled
shift without illness.
B. That should a member advise an On Duty Crew Leader (when calling in later that
day) that he /she is fit to fulfill his/her obligation that evening if called upon, and
later that evening, when called in, reports for work in an obviously unfit capacity
due to illness ( i.e. vomiting, weakness), such that a reasonable On Duty Crew
Leader would have a legitimate concern for the member's own safety, the safety of
fellow members, or the safety of the general public, the On Duty Crew Leader may
send the member home and the member shall forfeit his /her On Duty pay until
which time he /she again reports for his /her regularly scheduled day shift without
illness.
C. That should a member be on approved FMLA (Family and Medical Leave Act)
Leave (for his/her own serious health condition) for the time frame that overlaps
with the time a member is in On Duty, the member shall forfeit his /her On Duty pay
for the duration of the time the member is on such FMLA Leave.
D. It is acknowledged that extenuating circumstances, which justify the use of sick
leave, may exist where the employee is still fit for duty and is still able to respond to
On Duty situations. Examples of such are as follows:
1. when a member has a scheduled Doctor's or Dentist's appointment during
that day; and
2. when a member is taking care of a sick family member.
Section 36.8 On Duty Pay Bargaining Unit members in "On Duty" status shall be
compensated at the rate of $1.05 per hour for those hours in "On Duty" status outside the
employee's normally scheduled work hours and when not in an overtime status. Bargaining
unit members will not be compensated for "On Duty" status during lunch /dinner /meal break
periods. Further, hours in an "On Duty" status do not constitute hours in paid status for
purpose of computing overtime. The calculation of hours worked for an employee in "On
Duty" status will commence upon the employee speaking with the "On Duty" supervisor and
confirming that he /she is responding to work until he /she "clocks out"
61
ARTICLE 37
EMPLOYEE INCENTIVE PROGRAMS/DISCOUNTS
Section 37.1 Emplovee 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 Emplovee 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
TRAVEL /MILEAGE 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.
ARTICLE 39
PROVISION OF MEALS UNDER
UNUSUAL, EMERGENCY OR SPECIAL CONDITIONS
Section 39.1 Provision of Meals. When employees are required by the City to work under
unusual, emergency, or special conditions (e.g. snow removal, traffic control for festivals and
special events, disasters, required City functions, etc.) where meal breaks would not be
practical or possible, the City shall provide meals to such employees. The City shall
determine the methodology, means, procedures, and maximum cost associated with providing
such meals and the City Manager shall establish reasonable regulations governing the
provision of such meals.
62
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 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, Glove and Carhart Allowance. All bargaining unit employees shall be
provided an allowance for the cost of steel -toed safety shoes, required gloves and Carhart
outerwear in an amount of $450.00 per calendar year. Each bargaining unit employee shall
receive his or her allowance via separate check on the second regularly scheduled pay
distribution of each calendar year. The Carhart outerwear must be brown /tan in color and
must be kept clean. When such outerwear is excessively worn, it must be discarded and
replaced by the employee. The City reserves the right to require outerwear that is excessively
worn to be replaced by the employee. It is the employee's choice on what type of outerwear
is purchased.
Section 41.2 Prescription Safetv 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 $175.00.
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.
The parties agree to meet in a Labor - Management meeting within 60 -days of the ratification
of this agreement to discuss personal cell phone use and possible guidelines needed to
consider cell phone reimbursement options if damage or loss occurs while performing City
operations.
63
ARTICLE 42
TOOL REPLACEMENTS/UPGRADES
Section 42.1 Amount Members assigned to the classification of Mechanic I will be paid
$800 per calendar year for the maintenance repair, and replacement of their tools. Each
Mechanic shall receive his or her allowance via separate check on the second regularly
scheduled pay distribution of each calendar year.
ARTICLE 43
DURATION
Section 43.1 Duration. All of the provisions of this Agreement shall become effective upon
execution by a representative of both parties, unless otherwise specified. This Agreement shall
continue in full force and effect for a term of three (3) years from September 1, 2013.
Section 43.2 Signatures. Signed and dated at Dublin, Ohio on or as of the day of
UNITED STEELWORKERS:
Leo Gerard, International President USW
Fred Redman, Vice President USW
Thomas M. Conway, Vice President USW
Stanley W. Johnson, Secretary /Treasurer USW
David R. McCall, Director of District 1 USW
Billy Boyce, Staff Representative USW
Timothy Underhill, Unit Chair 9110
CITY OF DUBLIN:
Marsha I. Grigsby, City Manager
Tim D. Wagner, Director of HR
Abisola Y. Ikegwuonu, HR Business Partner
64
65