HomeMy WebLinkAbout39-00 Ordinance RECORD OF ORDINANCES
Dayton Legal Blank Co., Form No. 30045
Ordinance No. 39-00 Passed
YEAR
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO ENTER INTO A COLLECTIVE
BARGAINING AGREEMENT WITH THE
FRATERNAL ORDER OF POLICE, OHIO LABOR
COUNCIL REGARDING WAGES, HOURS, TERMS
AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES WITHIN THE COMMUNICATIONS '
TECHNICIAN BARGAINING UNIT WITIHIN THE
DIVISION OF POLICE.
HEREAS, the City of Dublin and the Fraternal Order of Police, Ohio Labor Council
ave reached agreement regarding wages, hours, terms, and conditions of employment for
mployees within the Communications bargaining unit within the Division of Police; and
HEREAS, pursuant to the Collective Bargaining Act (Chapter 4117 of the Ohio
evised Code), funding for the economic provisions contained within the attached
ollective Bargaining Agreement between the City of Dublin and the Fraternal Order of
olice, Ohio Labor Council must be approved by Council within thirty (30) days of
'ntroduction to Council;
OW THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
hio, ~_of the elected members concurring:
Section 1. That the City Manager be, and hereby is, authorized to enter into the
`r.. ttached Collective Bargaining Agreement with the Fraternal Order of Police, Ohio Labor
ouncil regarding wages, hours, terms, and conditions of employment for employees
ithin the Communications Technician bargaining unit.
ection 2. That, as referenced in Section 1.4 of the attached Agreement, said
greement shall supersede and replace all applicable state and local laws, which it has the
uthority to supersede and replace.
ection 3. That this ordinance shall take affect and be in force at the earliest point
ermitted by law.
assed this day of /(itQrc.~ , 2000.
ayor -Presiding Officer
TTEST:
lerk of Council
d39-002-17
1 ~iere6y certify tfaf codes of this Ordinance~;w~ hosted in the
City of Dublin in accordance with Section 731.25 of the Olio Revised Code.
~.~4~ :CIer1 .Council, Dublin. Ohio
t:\perUcst\office\wp61 \ords\07-98
Office of the City Manager
5200 Emerald Parkway • Dublin, Ohio 43017-1006
Phone: 614-761-6500 • Fax: 614-889-0740 M e m o
To: Members of Dublin City Council
From: Timothy C. Hansley, City Manager~~~~Z~r~:~~.'~-~t
Date: February 17, 2000
Re: Proposed Collective Bargaining Agreement between the City of Dublin and the
Fraternal Order of Police, Ohio Labor Council (Communications Technician
Bargaining Unit within the Division of Police)
By: David L. Harding, Director of Human Resources/Procurement Q~
Attached for your consideration, please find Ordinance No. 39-00 authorizing the City
enter into a Collective Bargaining Agreement between the City of Dublin and the Fraternal
Order of Police, Ohio Labor Council regarding wages, hours, terms and conditions of
employment for employees within the Communications Technician bargaining unit. Also
attached for your reference is a copy of the proposed Agreement and a "Highlights" report
summarizing the most significant changes from the previous Agreement.
The attached Agreement was negotiated over the course of nine (9) meetings within a sixty
(60) day timeframe between December 2, 1999 and February 2, 2000. As conveyed in prior
labor update memos from staff, the tenor of these negotiations was at all times professional,
respectful ,businesslike in nature and characteristic of a "win-win" style of bargaining.
Although labor negotiations have a tendency to be adversarial in nature and involve a fair
amount of posturing, both parties were able to avoid such obstacles, I believe, because of the
trust relationship between the principals at the table.
The term of the attached Agreement is three (3) years, extending from January 1, 2000
through December 31, 2002. The assessment of staff is that the Agreement is fair to both
parties. Where economic increases were agreed to, such were supported by the
"comparables", both internal to the organization as well as those in the external market.
(These economic increases are noted in the attached summary report.)
Please note that pursuant to the Collective Bargaining Act (Chapter 4117 of the Ohio Revised
Code), Council must approve the funding for the economic provisions contained within the
attached Agreement within 30 days of introduction. Council action, therefore, would be
required at the second reading at the March 6, 2000 Council Meeting.
Attachment
FOPOLC2-17
2-17-00
CITY OF DUBLIN/FRATERNAL
ORDER OF POLICE, OHIO LABOR
COUNCIL COLLECTIVE BARGAINING
AGREEMENT
SUMMARY HIGHLIGHTS
REPORT
The following are highlights of the most significant changes from the 1997 - 1999
Collective Bargaining Agreement between the City of Dublin and the Fraternal Order of
Police, Ohio Labor Council and the proposed 2000-2002 Agreement with the F.O.P.,
O.L.C. This proposed Agreement covers (13) employees within the Communications
Technician Bargaining Unit within the Division of Police.
ARTICLE 9 -INTERNAL REVIEW PROCEDURES
Section 9.7 Citizen Complaint -This Section reflects a change which is favorable to
management. Under this Section, the Division of Police now would be able to
investigate a citizen complaint when the complaint is filed more than 30 days after the
alleged incident and the accused employee would be required to submit to questioning
and file a report. Under the previous Agreement, a citizen complaint filed more than 30
days after the alleged incident, if it involved an incident which could not have led to
criminal charges, would have automatically been classified as unfounded. The accused
employee would also not have been required to file a report or submit to questioning
under the previous Agreement. This language is consistent with the language the City
fought long and hard to have incorporated in the recently negotiated Police Officer &
Sergeant Agreement. In the wake of the U. S. Department of Justice investigation of the
Columbus Division of Police, Dublin management staff believes this new language will
help ensure accountability within its workforce and enhance the credibility of our
Division of Police.
ARTICLE 17 -CONSUMPTION OF ALCOHOL
Section 17.2 Polic~This Section not only prohibits the consumption of alcohol on duty
and reporting for work while under the influence of alcohol with any residual effects of
such consumption (as in the previous Agreement), it now establishes a more stringent
standard for impairment (.02 as compared to the previous .04). This standard is consistent
with the standard staff fought long and hard to have incorporated in the recently ratified
Police Officer & Sergeant Agreement. This new language is favorable to management
and Staff believes employees within law enforcement occupations should be held to the
strictest standard that is obtainable.
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ARTICLE 18 -EMPLOYEE DRUG & ALCOHOL TESTING PROGRAM
Section 18.2 -Terms and Conditions of Testing -New to this Section are provisions
regarding the use of breath testing for alcohol and the conditions governing post-accident
testing for drugs and alcohol in paragraph 18.2 B. Breath testing is now recognized by
athe Federal Government as the most effective and accurate method for alcohol testing
and staff, therefore, sought to have this method of testing incorporated into the
Agreement. The conditions governing post-accident drug and alcohol testing are
indicative of commonly used standards applied in other public sector organizations.
Section 18 3 -Emplovee Drug & Alcohol Testing Program - New to this Section is
language regarding "masking agents", the use of which has recently become more
common and whose purpose is to adulterate the specimen. The U. S. Department of
Transportation recently published new regulations for the testing of Commercial Drivers
License holders, which mandated that the discovery of such agents during the testing
process would be regarded as a "refusal to submit to testing", thereby subjecting the
employee to disciplinary action. Given that such regulations have been deemed
appropriate for individuals employed in safety sensitive occupations requiring
Commercial Driver's Licenses, staff believes there should be no less a regulation to
govern law enforcement personnel who are also employed in safety sensitive
occupations. This language is consistent with the language staff was successfully
negotiated into the recently ratified Police Officer & Sergeant Agreement.
Section 18.4 Alcohol Testing - This Section contains new language proposed by
management, establishing that breath testing would be accomplished through the use of
Evidential Breath Testing devices (EBT) certified by the Federal Government.
Section 18.5 Alcohol Testing Procedure and Results -This Section establishes the
new procedures to be used in the breath testing process, as proposed by management, and
ties the results of testing to disciplinary action.
Section 18.6 Referral to Emplovee Assistance Program -This Section contains new
language also tying drug /alcohol testing results to disciplinary action and referral to the
City's EAP. It further sets forth conditions regarding follow-up testing while receiving
EAP services and compliance with recommendations of the EAP counselor.
ARTICLE 19 -USE OF PRESCRIPTION /OVER THE COUNTER
MEDICATION
The changes to Section 19.2 General Terms & Conditions, Section 19.3 Testing
Procedures, and 19.4 Referral to Employee Assistance Program mirror the changes as
previously noted in Sections 18.2, 18.3 and 18.6 respectively.
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ARTICLE 22 -RATES OF PAY/WAGES
Section 22.1 Wages -The wage structure contained in this Section is a 6-step pay plan
compared to an 11-step plan in the previous Agreement. The external market
comparables strongly validated that the previous 11-step pay plan was not the norm.
Market data revealed that only one other jurisdiction's structure had as many as 6 steps,
~A~ while most had 4 - 5. The new step 1 ($28,000) would rank Dublin 5th out of 12
jurisdictions at the minimum. Although Dublin would rank 5th at the minimum Dublin
would trail the highest ranked jurisdiction by only $317.00. The comparables indicate
.
that there are 5 jurisdictions clustered around the $28,000 mark for starting
compensation. The new step 6 ($36,464) would rank Dublin 5th at the maximum.
Dublin would trail the 2nd place jurisdiction by $1,392.00. The highest jurisdiction
reported a maximum of $44,000 while there were 3 others clustered between $37,200 and
$37,850. Staff believes that the agreed upon pay plan places Dublin squarely within the
comparables, and as such, establishes a competitive wage_structure. Staff also believes
that this new wage structure will enhance our ability to recruit candidates for the
Communications Technician position. (Over the past two (2) years, Staff has noticed a
relatively small number of candidates applying for our published vacancies.) The
conversion from an 11-step pay plan to a 6-step plan would require the realignment of
employees within the structure upon execution of the Agreement. Following its initial
implementation, this new pay plan would eliminate annual COLA's (cost of living
adjustments), as had been included in previous Agreements. Employees within the
Bargaining Unit would receive only one pay increase annually. No longer would there be
the compounding effect of an annual step increase plus an annual cost of living
adjustment.
Section 22.5 Longevit~~The longevity pay schedule in this Section provides for an
increase at each level of the schedule. The 4 - 6 year level would increase by $50, the 7
- 10 year level by $50, the 11 - 14 year level by $75, the 15 -19 year level by $75, and
the 20 or more year level by $75. Staff believes these increases are rather modest and
they are also consistent with those increases recently negotiated into the Police Officer &
Sergeant Agreement.
Section 22.6 Shift Differential -This Section provides for an increase of 30~ per hour in
the first year of the Agreement, an additional 5~ per hour the second, and an additional
5~ per hour the third year, all for hours worked between 5 p.m. and 6:45 a.m. The 30~
per hour rate in the previous Agreement was a rate that was set 3 years ago and was not
very competitive. Staff believes the new rates of 60~ per hour the first year, followed by
65~ and 70~ per hour in the second and third year are competitive with the market. The
70~ per hour rate in the 3rd year is consistent with the rate negotiated in the recently
ratified Police Officer and Sergeant Agreement.
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ARTICLE 25-UNIFORMS, EQUIPMENT, PERSONAL PROPERTY, AND
REPLACEMENT
Section 25.1 Initial Issue -This Section provides for one new item. Each employee will
have the choice of a jacket or a sweater. In addition, employees may now purchase their
own dress uniform, provided it meets the specifications provided by the Chief of Police.
Under this Section, the Chief is required to develop specifications for such dress uniform.
ARTICLE 26 -VACATION LEAVE
Section 26.3 Vacation Accrual Sechedule -This section provides fora 2 hour per year
increase at the 5 -10 year level, the 11 -15 year level, the 16 - 20 year level, and the 21
or more year level. The first 2 levels remain the same as in the previous Agreement.
Staff believes these increases are rather modest. These increases are consistent with the
increases negotiated into the recently ratified Police Officer and Sergeant Agreement.
ARTICLE 29 -INSURANCE
Section 29.1 Medical, Dental, and Vision Benefits -This Section provides fora $250
increase in orthodontics coverage the 1St year of the Agreement and an additional increase
of $250 the 2°a year. These increases are consistent with the increases negotiated into the
recently ratified Police Officer and Sergeant Agreement and are considered by staff to be
modest in nature.
Section 29.4 Life Insurance -This Section provides fora $5,000 increase in the life
insurance coverage the 1St year of the Agreement and an additional $5,000 the second
year. These increases are consistent with the increases negotiated into the recently
ratified Police Officer and Sergeant Agreement. The comparables in the Police
Officer/Sergeant negotiation process revealed that $50,000 in term life coverage is the
norm in the Central Ohio area.
ARTICLE 35 -TRAINING ASSIGNMENTS
SECTION 35.1 Compensation -This Section provides for an increase in compensatory
time from one-half (1/2) hour to one (1) hour for every eight (8) hours of time spent in a
trainer capacity. Communication Technicians are frequently called upon to serve in a
trainer capacity to provide new hires with the proper guidance and direction during their
initial 12 - 15 week training period. This increase is consistent with the increase
negotiated into the recently ratified Police Office/Sergeant Agreement for similar duties.
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COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF DUBLIN
AND
THE FRATERNAL ORDER OF POLICE,
OHIO LABOR COUNCIL
COMMUNICATIONS TECHNICIAN
BARGAINING UNIT
CONTRACT PERIOD:
JANUARY 1, 2000 THROUGH DECEMBER 31, 2002
_
TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE 1-CONTRACT
¦ 1.1 -Contract 1
¦ 1.2 -Purpose 1
¦ 1.3 -References 1
¦ 1.4 -Applicability 1
ARTICLE 2 -RECOGNITION
¦ 2.1 -Recognition 1
¦ 2.2 -Bargaining Unit 2
ARTICLE 3 -LODGE SECURITY
¦ 3.1 -Dues Deduction 2
¦ 3.2 -Fair Share Fee 3
¦ 3.3 -Bulletin Boards 3
¦ 3.4 -Meeting Locations 3
¦ 3.5 -Ballot Boxes 4
¦ 3.6 -Use of Intra-Departmental Mail 4
¦ 3.7 -F.O.P./O.L.C. Business 4
ARTICLE 4 -NONDISCRIMINATION
¦ 4.1 -Joint Pledge 5
¦ 4.2 -Employer Pledge 5
4.3 -F.O.P./O.L.C. Pledge 5
¦ 4.4 -Gender Reference 5
ARTICLE 5 -MANAGEMENT RIGHTS
¦ 5.1 -Management Rights 5
ARTICLE 6 - LABOR/MANAGEMENT MEETINGS
¦ 6.1 -Meetings 6
ARTICLE 7 -BARGAINING UNIT BUSINESS
¦ 7.1 -Employee Designee 7
¦ 7.2 -Negotiating Committee 7
ARTICLE 8 -GRIEVANCE PROCEDURE
¦ 8.1 -Definition 7
¦ 8.2 -Jurisdiction ~
¦ 8.3 -Qualifications 8
¦ 8.4 -Grievance Form 8
¦ 8.5 -Grievance Procedure 9
¦ 8.6 -Right to Representation 10
¦ 8.7 -Working Days 10
8.8 -Extension of Time Limits 10
ARTICLE 9 -INTERNAL REVIEW PROCEDURES
¦ 9.1 -Scope 11
¦ 9.2 -Informal Process for Non-Serious Complaints or Offenses 11
¦ 9.3 -Notification 12
¦ 9.4 -Right to Representation 12
¦ 9.5 -Conduct of Questioning 12
¦ 9.6 -Access to Tapes and Documents 13
¦ 9.7 -Citizen Complaint 13
¦ 9.8 -Initial Investigation 13
ARTICLE 10 -DISCIPLINE
¦ 10.1 -Discipline for Cause 13
¦ 10.2 -Progressive Discipline 14
¦ 10.3 -Disciplinary Action 14
¦ 10.4 -Pre-Disciplinary Conference 14
¦ 10.5 -Copy of Discipline Record 15
¦ 10.6 -Appeal 15
ARTICLE 11 -PERSONNEL FILES
¦ 11.1 -Personnel File 16
11.2 -Retention of Records 16
¦ 11.3 -Inaccurate Documents 17
ARTICLE 12 -WORK RULES
¦ 12.1 -Work Rules 17
ARTICLE 13 -POLITICAL ACTIVITY
¦ 13.1 -Political Activity 17
ARTICLE 14 -SENIORITY
¦ 14.1 -Seniority Defined 18
¦ 14.2 -Application of Seniority 18
¦ 14.3 -Filling of Shift Assignments 19
¦ 14.4 - No Posting Response 19
ARTICLE 15 -EMPLOYEE ASSISTANCE PROGRAM
¦ 15.1 -Employee Assistance 19
¦ 15.2 -Coverage Terms & Conditions 20
¦ 15.3 -Other Terms & Conditions 20
ARTICLE 16 -DRUG FREE WORKPLACE
¦ 16.1 -Purpose 21
¦ 16.2 -Policy 22
16.3 -Drug-Free Awareness & Employee Assistance 22
¦ 16.4 -Criminal Convictions & Notification Requirement 23
s ~ 16.5 -Employee Acknowledgement 23
ARTICLE 17 -CONSUMPTION OF ALCOHOL
¦ 17.1 -Purpose 24
¦ 17.2 -Policy 24
¦ 17.3 -Alcohol Awareness & Employee Assistance 25
ARTICLE 18 -EMPLOYEE DRUG & ALCOHOL TESTING
PROGRAM
¦ 18.1 -Purpose of Testing 25
¦ 18.2 -Terms and Conditions of Testing 25
¦ 18.3 -Drug Testing Procedures 26
¦ 18.4 -Alcohol Testing 27
¦ 18.5 -Alcohol Testing Procedure and Results 27
¦ 18.6 -Referral to Employee Assistance Program 28
ARTICLE 19 -USE OF PRESCRIPTION & "OVER-THE-
COUNTER" MEDICATION
¦ 19.1- Purpose 28
¦ 19.2 -General Terms & Conditions 28
¦ 19.3 -Testing Procedures for Prescription or "Over-the Counter" 29
Medication
w, - 19.4 -Referral to Employee Assistance Program 31
ARTICLE 20 -LAYOFFS
¦ 20.1 -Layoffs 31
¦ 20.2 -Call-Back 31
ARTICLE 21-MISCELLANEOUS
¦ 21.1 -Safe Equipment 32
¦ 21.2 -Contract Copies 32
¦ 21.3 -Mail 32
¦ 21.4 -Reimbursement for Expenses and Travel 33
ARTICLE 22 -RATES OF PAY/WAGES
¦ 22.1 -Wages 33
¦ 22.2 -Appointment and Advance Step Hiring 34
¦ 22.3 -Step Advancement 34
¦ 22.4 - Application of Pay Rates 34
¦ 22.5 -Longevity Pay 34
¦ 22.6 -Shift Differential 35
ARTICLE 23 -HOURS OF WORK AND OVERTIME
¦ 23.1 -Workweek 35
23.2 -Overtime 36
¦ 23.3 -Overtime Rotation 36
¦ 23.4 -Call-In Pay/Court Pay 37
¦ 23.5 -Compensatory Time 37
¦ 23.6 -Payment for Accrued Compensatory Time Upon Separation 37
¦ 23.7 -Use of Compensatory Time 37
ARTICLE 24 -RATES FOR EMPLOYEES FOLLOWING
CERTAIN PERSONNEL ACTIONS
¦ 24.1 -Return to Duty 38
¦ 24.2 -Return from Military Service 38
¦ 24.3 -Reinstatement from Authorized Leave 38
ARTICLE 25 -UNIFORMS, EQUIPMENT, AND ALLOWANCES
¦ 25.1 -Initial Issue 38
¦ 25.2 -Change in Issuance 38
¦ 25.3 -Uniform and Equipment Replacement 39
¦ 25.4 -Dry Cleaning/Laundering 39
¦ 25.5 -Damaged, Destroyed, Lost Personal Property 39
¦ 25.6 -Termination 40
ARTICLE 26 -VACATION LEAVE
26.1 -Vacation Year 40
¦ 26.2 -Conditions for Accrual 40
¦ 26.3 -Vacation Accrual Schedule 41
¦ 26.4 -Vacation Carry-Over 41
¦ 26.5 -Vacation Scheduling 41
¦ 26.6 -Rates of Pay for Vacation Hours 41
¦ 26.7 -Payment for Accrued Vacation Leave Upon Resignation/ 42
Separation or Death
ARTICLE 27 -HOLIDAYS
¦ 27.1 -Paid Holidays 42
¦ 27.2 -Special Holidays 42
¦ 27.3 -Holiday Work 42
¦ 27.4 -Holiday Pay 43
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ARTICLE 28 -PERSONAL LEAVE
¦ 28.1 -Allocation & Usage of Leave 43
¦ 28.2 -Payment for Unused Personal Leave Upon Resignation/ 44
Separation or Death
ARTICLE 29 -INSURANCE
¦ 29.1- Medical, Dental & Vision Benefits 44
¦ 29.2 -Liability Insurance 44
¦ 29.3 -Change in Carriers 44
29.4 -Life Insurance 45
ARTICLE 30 -SICK LEAVE
¦ 30.1 -Sick Leave Accrual 45
¦ 30.2 -Use of Sick Leave 45
¦ 30.3 -Payment for Unused Sick Leave 47
¦ 30.4 -Sick Leave Transfer from Prior Public Employer 47
ARTICLE 31-INJURY LEAVE
¦ 31.1 -Injury Leave With Pay 47
ARTICLE 32 -SPECIAL LEAVES
¦ 32.1 -Leave Without Pay 48
¦ 32.2 -Leave With Pay 49
ARTICLE 33 -TRAINING AND TUITION REIMBURSEMENT
¦ 33.1- Training 51
¦ 33.2 -Tuition Reimbursement 52
ARTICLE 34 -EMPLOYEE INCENTIVE PROGRAMS
m
¦ 34.1 -Employee Incentive Programs 53
¦ 34.2 -Employee Discounts 53
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ARTICLE 35 -TRAINING ASSIGNMENTS
¦ 35.1 -Compensation 53
ARTICLE 36 -DURATION
¦ 36.1 -Duration 54
¦ 36.2- Signatures 54
ARTICLE 1
CONTRACT
Section 1.1 Contract. This Contract is made and entered into at Dublin, Ohio by and
between the City of Dublin, as Employer, also referred to as "Employer" or "Division",
and the Fraternal Order of Police, Ohio Labor Council, Inc., hereinafter referred to as the
"F.O.P./O.L.C.".
Section 1.2 Purpose. This Contract is made for the purpose of setting forth the
" ~ understandings and agreements between the parties governing the wages, hours, terms
and conditions of employment for those employees included in the bargaining unit
identified herein.
Section 1.3 References. Should any part of this Contract be held invalid by operation of
law or by final order issued by any tribunal of competent jurisdiction, or should
compliance with or enforcement of any part of this Contract be restrained by any such
tribunal pending a final determination as to its validity, such invalidation or temporary
restraint shall not invalidate or affect the remaining portions hereof or the application of
such portions to persons or circumstances other than those to whom or to which
invalidation of any portion of this Contract by final order issued by a tribunal of
competent jurisdiction or by operation of law, and upon written request by either party,
the parties to this Contract shall meet within thirty (30) days of receipt of the written
request, in an attempt to modify the invalidated provisions by good faith negotiations.
The Employer, the F.O.P./O.L.C. and employees agree that none of their representatives
shall make or ask an employee to make any written or verbal agreement which would
conflict with this Contract.
Unless otherwise specified in this Contract, no changes in this Contract 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 Contract, must
be in writing and signed by the parties.
Section 1.4 Applicability. This Contract, when executed, shall supersede and replace
all applicable state and local laws which it has authority to supersede and replace. Where
this Contract is silent, the provisions of applicable law shall prevail.
ARTICLE 2
RECOGNITION
Section 2.1 Recognition. The Employer recognizes the F.O.P./ O.L.C. 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 Contract and for the administration of this Contract.
Section 2.2 Bargaining Unit. There shall exist in the City of Dublin a bargaining unit
consisting of:
All full-time Communications Technicians who are employed by the Employer,
excluding Communications Supervisors.
References throughout this Contract to bargaining unit members shall mean employees
within the bargaining unit.
ARTICLE 3
UNION SECURITY
Section 3.1 Dues Deduction. The Employer agrees to deduct F.O.P./ O.L.C.
membership dues in the amount certified by the F.O.P./O.L.C. to the Employer, the first
pay period of each month from the pay of any F.O.P./O.L.C. member requesting the same
in writing. The Employer also agrees to deduct F.O.P./O.L.C. initiation fees and
assessments, in the amount certified by the F.O.P./O.L.C. to the Employer, the first pay
period of each month, in which such fees and assessments are due, from the pay of any
appropriate F.O.P./ O.L.C. member.
If a deduction is desired, the F.O.P./O.L.C. member shall sign a payroll deduction form.
Once each calendar month, a warrant in the aggregate amount of the deductions made for
that calendar month, together with a listing of the F.O.P./O.L.C. members for whom
deductions were made, shall be furnished to the Assistant Director of the F.O.P./O.L.C.
Nothing herein shall prohibit F.O.P./O.L.C. members covered by this Contract from
submitting dues directly to the F.O.P./O.L.C.
The Employer shall provide the F.O.P./O.L.C. with additional payroll deductions for the
purpose of the F.O.P./O.L.C. providing additional non-employer-provided employee
benefits, providing the Employer's payroll accounting system possesses sufficient
capacity and capability for additional deductions, the City determines that such deduction
is for a legitimate program, the provisions under such a program are not substantially
similar to programs already offered through payroll deduction, and further, that at least
60% of the bargaining members declare interest (in writing) in enrolling in such a
program.
No other employee organization's dues shall be deducted from any employee's pay for the
duration of this Contract.
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The F.O.P./O.L.C. agrees to hold the Employer harmless should any deductions be found
to have been unlawfully, illegally or improperly taken. Further, the F.O.P./O.L.C. agrees
to indemnify the Employer and to provide legal counsel in defending any action claiming
that a deduction has been unlawfully, illegally or improperly made and will further
reimburse the Employer for any payments made by the Employer as a result of any
finding by an administrative agency or court of law that it has unlawfully, illegally or
improperly made deductions.
Section 3.2 Fair Share Fee. Bargaining unit employees who are not members of the
F.O.P./O.L.C. shall, as a condition of employment, pay to the F.O.P./O.L.C. a fair share
fee. The amount of the fair share fee shall be determined by the F.O.P./O.L.C., but shall
not exceed dues paid by members of the F.O.P./O.L.C. who are in the bargaining unit.
Such fair share fee shall be certified by the F.O.P./O.L.C. to the Employer at such time
during the term of this Contract as necessary to be accurate. Such payment shall be
subject to an internal F.O.P./O.L.C. rebate procedure meeting all requirements of state
and federal law.
For the duration of the Contract, such fair share fee shall be automatically deducted by
the Employer from the payroll check of each bargaining unit employee who is not a
member of the F.O.P./ O.L.C.. The automatic deduction shall be made in the first pay
period of each month. The Employer agrees to furnish the Assistant Director of the
F.O.P./O.L.C. once each calendar month, a warrant in the aggregate amount of the fair
share fees deducted for that calendar month, together with a listing of the bargaining unit
employees for whom said deductions are made.
The automatic deduction shall be initiated by the Employer whenever a bargaining unit
employee who is not a member of the F.O.P./O.L.C. has completed his or her first sixty
(60) days of employment.
The F.O.P./O.L.C. agrees to hold the Employer harmless should any deductions be found
to have been unlawfully, illegally or improperly taken. Further, the F.O.P./O.L.C. agrees
to indemnify the Employer and provide legal counsel in defending any action claiming
that a deduction has been unlawfully, illegally or improperly made and will further
reimburse it for any payments made by the Employer as a result of any findings by an
administrative agency or court of law that it has unlawfully, illegally or improperly made
deductions.
Section 3.3 Bulletin Boards. The City agrees to provide bulletin board space at
Division headquarters. F.O.P./O.L.C. bulletins and F.O.P./O.L.C. material will be
permitted to be posted on this bulletin board space. Non-bargaining unit members shall
not be permitted to remove, add to or alter the material posted on this designated space
unless said material contains obscene, racially or sexually offensive information.
Section 3.4 Meeting Locations. The F.O.P./O.L.C. shall be permitted, upon prior
notification to the Chief of Police, to hold meetings, for the F.O.P./O.L.C. members in the
bargaining unit for all bargaining unit employees, at police headquarters or other City
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building, room or facility. The notification required under this Section shall be in
writing, shall be delivered to the Chief at least forty-eight (48) hours prior to the time of
the meeting, and shall state the date, time, and requested location of the meeting.
The Employer agrees to hold the requested location open for use by the F.O.P./O.L.C. on
the date and at the time specified in the F.O.P./O.L.C.'s notification to the Chief.
However, if it is not practicable for the Employer to provide the requested location to the
F.O.P./O.L.C., the Employer will so notify the F.O.P./O.L.C. and make every effort to
provide for an alternate meeting location in another City building, room or facility. No
employee shall attend the above-referenced meetings while on duty without receiving
~ prior approval from the Chief of Police or his designee. Such approval shall not be
unreasonably withheld.
No bargaining unit employee or member of the F.O.P./O.L.C. shall be obligated or asked
to divulge to the Employer information discussed at said meetings.
Section 3.5 Ballot Boxes. The F.O.P./O.L.C. shall be permitted, upon prior notification
to the Chief of Police, to place a ballot box at Division headquarters for the purpose of
collecting member's ballots on all F.O.P./O.L.C. issues subject to ballot. Such box shall
be the property of the F.O.P./O.L.C. and neither the ballot box nor its contents shall be
subject to the Division's review.
Section 3.6 Use of Intra-Department Mail. The F.O.P./O.L.C. shall be permitted to
utilize the intra-departmental mail system for the purpose of providing information
pertaining to F.O.P./O.L.C. business or bargaining unit representation, to bargaining unit
employees. The F.O.P./O.L.C. agrees that the use of the mail system will be reasonable
and limited to providing information that is necessary for the normal conduct of
F.O.P./O.L.C. business or bargaining unit representation. All mail placed into the mail
system by the F.O.P./O.L.C. shall be the property of the bargaining unit employees to
whom it is addressed, shall be clearly labeled as F.O.P./O.L.C. mail, and such mail shall
not be subject to the Employer's review.
Section 3.7 F.O.P./O.L.C. Business. Representatives of the F.O.P./O.L.C. shall be
permitted to transact official F.O.P./O.L.C. business at Divisional work sites at all
reasonable times, provided that this shall not interfere with or interrupt normal Division
operations. When possible, aF.O.P./O.L.C. representative will give advance notice and
obtain approval from the Chief or his designee if the F.O.P./O.L.C. intends to use the
Employer's equipment or property for F.O.P./O.L.C. business or other non-work related
activities. In the Chiefs or designee's absence, notice shall be given to and approval
obtained from the shift supervisor at the time. Permission of the Chief or his designee to
use the equipment or property will not be withheld without a valid reason.
4
ARTICLE 4
NONDISCRIMINATION
Section 4.1 Joint P1edEe. The provisions of this Contract shall be applied equally to all
employees without regard to age, sex, race, color, religion, political affiliation, disability
or national origin.
Section 4.2 Employer Pledge. The Employer agrees to not interfere with the right of
the employees to become members of the F.O.P./ O.L.C. There shall be no disparate
treatment, interference, restraint or coercion by the Employer or any representative of the
Employer against any employee because of F.O.P./O.L.C. membership or because of any
lawful employee activity in an official capacity on behalf of the F.O.P./O.L.C.
Section 4.3 F.O.P./O.L.C. Pledge. The F.O.P./O.L.C., within the terms of its
constitution and bylaws, to the extent said terms are legal and in compliance with state
and federal law, agrees to not interfere with the desires of any employee of the bargaining
unit to become and remain a member of the F.O.P./O.L.C. The F.O.P./ O.L.C. agrees to
fairly represent all employees of the bargaining unit subject to the provisions and
procedures set forth in Sections 4117.11(B) and 4117.12 of the Revised Code.
Section 4.4 Gender Reference. All reference to employees in the Contract designate
both sexes, and whenever the male gender is used, it shall be construed to include male
and female employees.
ARTICLE 5
MANAGEMENT RIGHTS
Section 5.1 Management Rights. Except as specifically limited herein, the Employer
shall have the exclusive right to manage the operations, control the premises, direct the
working forces, and maintain efficiency of operation of employees. Specifically, the
Employer's exclusive management rights include, but are not limited to, the sole right to
hire, discipline and discharge for just cause, layoff, and promote; to promulgate and
enforce reasonable employment rules and regulations; to reorganize, discontinue, or
enlarge the Division of Police; to transfer employees (including the assignment and
allocation of work) within the Police Division; to introduce new and/or improved
equipment, methods and/or facilities, to determine work methods; to determine the size
and duties of the work force, the number of shifts required, and work schedules; to
establish, modify, consolidate, or abolish jobs (or ranks); and to determine staffing
patterns, including but not limited to assignment of employees, numbers employed, duties
to be performed, qualifications required, and areas worked. The exercise of the above
listed management rights is subject only to the restrictions and regulations governing the
5
exercise of these rights as are expressly provided herein and/or as permitted or provided
by applicable law.
An employee or his representative may raise a legitimate complaint or file a grievance
based upon the provisions of this Article.
ARTICLE 6
~..N,
LABOR/MANAGEMENT MEETINGS
Section 6.1 Meetings. In the interest of sound labor/management relations, upon request
of either party, at a mutually agreeable date and time, not more than three (3)
representatives of the Employer shall meet with not more than three (3) representatives of
the employees to discuss pending issues and/or problems and to promote a more
harmonious labor/management relationship. These meetings will be held at least semi
annually at mutually agreeable times, but maybe held more often by agreement.
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:
A. Discuss the administration of this Contract;
B. Discuss grievances which have been processed beyond the final Step of the
Grievance Procedure, when such discussions are mutually agreed to by the
parties;
C. Disseminate general information of interest to the parties, or discuss potential
grievances when agreed to by both parties.
D. Consider and discuss health and safety matters relating to employees; and
E. Discuss any other items the parties mutually agree to discuss.
6
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ARTICLE 7
BARGAINING UNIT BUSINESS
Section 7.1 Employee Designee. The bargaining unit is authorized to select one (1)
employee designee and two (2) alternates to conduct bargaining unit business. The
employee designee, upon giving reasonable notice, and upon authorization from the
Communications Supervisor, or in his absence the Support Services Lieutenant, shall be
allowed reasonable time off during regular working hours to investigate a grievance,
consult with the Employer in addressing labor/management issues or in processing a
grievance, or to assist in the settlement of a dispute. Permission to perform these
functions shall not be unreasonably denied.
Section 7.2 Negotiating Committee. On days where actual negotiation sessions
between said parties are scheduled, two (2) duly elected representatives will have their
work schedule altered to day shift provided said change can be made without creating any
overtime obligation to the City and it does not take any shift below minimum staffing
levels as determined by the Division of Police. The F.O.P./ O.L.C. will notify the
Employer of the names and normal work schedules of representatives whose schedules
need to be changed prior to the first negotiation meeting. No members of the
F.O.P./O.L.C. negotiation committee will be allowed to attend work sessions of the
negotiation committee while on duty if their attendance would reduce staffing during said
time period below minimum staffing levels as set by the Division of Police. 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. Time spent by a
bargaining unit member attending work sessions, negotiations, or any F.O.P./ O.L.C.
related business outside their scheduled shift, shall not constitute hours worked.
ARTICLE 8
` GRIEVANCE PROCEDURE
Section 8.1 Definition. A "grievance" is an allegation by one or more employees that
there has been a breach, misinterpretation, or improper application of this Contract. It is
not intended that the Grievance Procedure be used to effect changes in this Contract, nor
in those matters not covered by this Contract.
Section 8.2 Jurisdiction. If exclusive administrative relief of a judicial or quasi-
judicial nature is provided for by the statutes of the State of Ohio, or of the United States,
for review or redress of specific matters (such as civil rights, etc.) such matters may not
be subject to this Grievance Procedure, or be processed hereunder. However, the
Grievance Procedure, as set forth in this Article, may be utilized by an employee in lieu
of appealing a matter to the Dublin Personnel Board of Review. However, once an
employee elects to pursue an appeal to the Dublin Personnel Board of Review and said
7
Board takes jurisdiction over the appeal, the employee is thereafter precluded from
seeking a remedy under this Procedure.
Section 8.3 Qualifications All grievances must be presented at the proper step and time
in progression in order to be considered. at subsequent steps. The proper step to initiate
the grievance is Step 1, Section 8.5, unless the occurrence that gave rise to the grievance
originates at another step. The grievant may either initiate his grievance at Step 1 or at
that step at which the occurrence which gives rise to the grievance originates. A
grievance shall be considered withdrawn at any point where an employee submits a
written statement to that effect, or where time requirements at any step have lapsed,
without further appeal by the employee.
Any grievance not answered by the employer within the stipulated time limits, may be
advanced by the employee to the next Step in the Grievance Procedure. All time limits
on grievances set forth herein, may be extended only by mutual written consent of the
parties.
A grievance may be brought by an aggrieved employee covered by this Contract. Where
more than one (1) employee desires to file a grievance involving an incident affecting
several employees in the same or similar manner, one (1) employee shall be selected by
the bargaining unit to process the grievance. Each aggrieved employee who desires to be
included in the grievance shall sign the grievance.
Section 8.4 Grievance Form. The aggrieved employee shall use a written grievance
form which shall provide the following information:
A. Grievant's name and signature;
B. Date, time and location of grievance;
C. Description of incident giving rise to the grievance;
D. Article or Section of the Contract allegedly violated;
E. Date grievance was first discussed;
F. Name of supervisor with whom grievance was first discussed;
G. Date grievance was filed in writing; and
H. Desired remedy to resolve the grievance.
The bargaining unit shall be responsible for it's accounting, duplication and distribution
of grievance forms. Said forms may also be used for official business of the Police
Division.
8
Section 8.5 Grievance Procedure. It is the mutual desire of the Employer and the
bargaining unit to provide for prompt adjustment of grievances, with a minimum amount
of interruption of the work schedules. Every responsible effort shall be made by the
Employer to the bargaining unit to effect the resolution of grievances at the earliest
possible step. In furtherance of this objective, the following procedure shall be followed:
A. Step 1 -Informal. The member shall orally present the grievance to the
member's immediate supervisor within ten (10) working days from the time the
member becomes aware of the occurrence which gave rise to the grievance. The
immediate supervisor shall investigate and provide an appropriate answer within
seven (7) working days following an informal meeting at this Step. There shall be
no prohibition against having a grievance representative present.
B. Step 2 -Chief of Police. If the grievance is not resolved in Step 1, and the
employee wishes to proceed to Step 2, the employee shall reduce the grievance to
writing and shall, within seven (7) working days of the answer at Step 1, present
the written grievance to the Chief of Police or his designee. The Chief of Police
or his designee shall investigate and respond in writing to the employee within
seven (7) working days following the presentation of the grievance to Step 2.
C. Step 3 - Ci Manager. If the grievance is not resolved in Step 2, and the
employee or the F.O.P./O.L.C. Staff Representative wishes to proceed to Step 3,
the employee shall present the written grievance to the City Manager or his
designee within seven (7) working days from receipt of the Step 2 answer. The
City Manager or his designee shall investigate the matter and shall meet with the
Employee and his desired representative within ten (10) working days of the
receipt of the grievance. A response shall be given to the grievance within ten
(10) working days following the meeting at Step 3.
If a grievance is not satisfactorily resolved at Step 3, the F.O.P./O.L.C. Staff
Representative may submit the grievance to Arbitration. If a written notice of
intent to file under the Arbitration Procedure is not received by the City Manager
or his designee within fourteen (14) calendar days following the date of the
response outlined in Step 3, the grievance shall be considered resolved.
D. Step 4 - Arbitration. After receipt of a request to arbitrate from the
F.O.P./O.L.C., a designee of the City Manager and the F.O.P./O.L.C. shall
attempt to agree on an arbitrator. The arbitrator shall be selected by the parties
making a joint request to the Federal Mediation Conciliation Service for a panel
list of nine (9) arbitrators. The parties shall then choose an arbitrator by
alternately striking names from the list until such time as one (1) name remains as
the arbitrator chosen by the parties.
Prior to beginning the striking procedure, either party may reject the list and
submit a request for another list from the arbitration tribunal. In issuing an award,
the arbitrator shall be limited to the enforcement of the specific provisions of the
9
Contract. He may not alter, amend, modify, add to or subtract from the provisions
of the Contract.
The question of arbitrability of a grievance, may be raised by either party before
the arbitration hearing on the grievance, on the grounds that the matter is
nonarbitrable or beyond the arbitrator's jurisdiction. The first question to be
placed before an arbitrator will be whether or not the alleged grievance is within
the purview of arbitrability. Thereafter, the alleged grievance will be heard on its
own merits before the same arbitrator.
The decision of the arbitrator shall be final and binding. The arbitrator shall be
without authority to recommend any right to relief on any alleged grievance
occurring at any other time than the contract period in which the right originated.
The arbitrator shall not establish any new or different wage rates not negotiated as
part of the Contract. In case of discharge, suspension or reduction, the arbitrator
shall have the authority to award modification of said discipline. Both the
F.O.P./O.L.C. and the Employer shall share equally in the cost of the arbitration
proceedings.
The arbitrator shall render in writing his findings and award as quickly as possible
within thirty (30) calendar days after the hearing is closed and post-hearing briefs
are submitted. The arbitrator shall forward such findings and award to the City
Manager, or his designee, and to the F.O.P./O.L.C. President, or his designee.
Any member who is expected to testify, and testimony is relevant to the
arbitration, shall be released with pay to attend the hearing, provided that the
hearing is held during the member's regular work hours. Any expense related to
any non-member witness(es) shall be borne by the party requesting the non-
member attendance at the arbitration hearing.
Section 8.6 Right to Representation. A grievant has a right to representation in all
Steps of the Grievance Procedure and shall have an opportunity to fairly present his case
by presentation of witnesses and/or other pertinent information. The grievant and
appropriate witnesses shall be entitled to be present at any Step in the Grievance
Procedure and shall not lose pay as a result of such attendance, if a meeting is scheduled
during working hours. Grievance meetings shall be scheduled at mutually agreeable
times.
Section 8.7 Working Days. For purposes of the Grievance Procedure, working days
means the working days of the party who is responsible for initiating an action or
responding to a grievance at the appropriate Grievance Step.
Section 8.8 Extension of Time Limits. It is the Employer's and the F.O.P./O.L.C.'s
intention that all time limits in the above grievance procedure shall be met. However, to
the end of encouraging thoughtful responses at each Step, the F.O.P./O.L.C.'s and the
Employer's designated representative may mutually agree, at any Step, to short-term time
10
extensions. But any such agreement must be in writing and signed by the parties. In the
absence of such mutual extensions, if no response is forthcoming within the specific time
limits, the grievance will be moved to the next Step in the Procedure. However, if no
response is forthcoming and the member desires to receive a response, the member can
request that the particular official at the applicable Step respond in writing. The member
will hand deliver a memorandum to both the Chief or his designee and the Personnel
Director or his designee requesting such a response. The applicable official will then
respond within seven (7) days from the receipt of the memorandum. If a response is not
forthcoming within the seven (7) day period the grievance is presumed granted by the
City in full and the City shall implement the requested remedy, except if the requested
h- remedy would constitute a violation of law.
ARTICLE 9
INTERNAL REVIEW PROCEDURES
Section 9.1 Scope. The investigative procedures set forth in this Article shall be followed
whenever an employee is suspected of or charged with an act which could result in
disciplinary action or criminal charges being filed against the employee aside from the
informal procedure for non-serious complaints or alleged non-serious offenses.
Section 9.2 Informal Process for Non-Serious Complaints or Offenses. In recognition
of the fact that many types of complaints are of a very minor or non-serious nature which
can be resolved at an initial, informal stage, the following procedure can be adhered to
where an informal resolution is likely to occur.
After receipt of a complaint is received or phoned in and is memorialized in writing by
the employee taking the complaint, an informal process may be initiated for resolution of
minor infractions or non-serious allegations. The investigating supervisor, whether a
Communications Supervisor, Shift Sergeant, Bureau Commander or Chief, may approach
Ass- the employee and attempt to gather the facts about the allegation from the employee. At
that time, the investigating supervisor shall notify the accused employee of the nature of
the complaint. If the complaint cannot be resolved at this informal level or the charged
employee elects not to make any statement, the official investigative procedure will be
put into place as identified in the remaining sections of this Article. If other, more
serious allegations other than those initially charged are raised during the informal
investigation, the matter will be immediately transferred to the formal process and subject
to progressive discipline. Cases processed and resolved at the informal level may result
in no more than a letter of reprimand, where a review of the action may be sought by the
employee. If the matter is not resolved at the informal level, it shall be set for a meeting
and subject to the principles of progressive discipline.
If the matter is not informally resolved, a meeting shall be set within seventy-two (72)
hours at the direction of the Chief of Police or his designee and with the presence of the
accused employee and his representative, if so desired. The purpose of this meeting is to
11
formally provide the accused employee with the complaint in writing. At that time, the
Communications Supervisor will again be permitted to gather information pertinent to the
complaint from the accused employee with the presence of his representative.
Section 9.3 Notification. An employee shall be informed of the nature of the
investigation (whether disciplinary or criminal) and shall be provided written notice of
the specific factual allegations made against him (except at the informal level), including
a copy of the written complaint made against him, prior to any questioning. If either
felony or misdemeanor charges are contemplated, the employee shall be informed of his
constitutional rights in advance of any questions.
Section 9.4 Right to Representation. All questioning sessions shall be scheduled so
that the employee has an opportunity to obtain representation from the F.O.P./O.L.C.
The Union representative or attorney shall be permitted to be present at any questioning
and shall be afforded a reasonable opportunity to consult with the employee during
questioning.
Section 9.5 Conduct of Questioning. As used in this Article, questioning refers to any
investigation, internal affairs review, or interrogation whether or not the employee is to
be questioned. The following rights are accorded to the employee subject to questioning:
A. Any questioning of an employee will be conducted at hours reasonably related to
his shift, preferable during his working hours. Such sessions shall be for
reasonable periods of time, and time shall be allowed during such questioning for
rest periods and for a member's attendance to physical necessities.
B. Before an employee may be charged with insubordination or like offenses for
refusing to answer questions or participate in any investigation, he shall be
advised that such conduct, if continued, may be made the basis for such a charge;
except that an employee who refused to answer questions or participate in any
investigation shall not be charged with insubordination or like offense for such
refusal as permitted on an exercise of his constitutional rights in a criminal matter.
C. Such questioning shall be recorded by the Employer at the request of either party.
Tapes will be made by the Employer and may also be made by the employee
and/or his F.O.P./ O.L.C. representative or attorney. The employee and his
F.O.P./O.L.C. representative or his F.O.P./O.L.C. attorney will be afforded the
opportunity, upon written request directly to the Chief or his designee, to listen to
make personal notes regarding a tape made of his interview by the Division.
D. Any statements or evidence obtained in the course of questioning through the use
of threats, coercion or promises other than notification that the member may be
charged with insubordination shall not be admissible in any subsequent criminal
action or internal proceeding. However, explaining to an employee that potential
corrective action could result if the employee continues to refuse to answer
12
questions or participate in an investigation shall not be considered as such threats,
coercion or promises, subject to provisions of subparagraph (D) of this Section.
E. In the course of questioning, an employee may only be give a polygraph
examination with his consent. The results of this examination cannot be used in
any subsequent criminal action. Where consent is given, a polygraph examiner
shall be chosen by mutual agreement of the Employer and the employee.
Section 9.6 Access to Tapes and Documents. Once the investigation is completed, and
no later than two (2) days after requested, and reasonably in advance of any Pre-
Disciplinary Conference, the employee who is subject to questioning, and his
F.O.P./O.L.C. representative or attorney where one is involved, will be provided access
to transcripts, records, written statements, and tapes pertinent to the case, including
transcripts of questioning asked and response to polygraph examinations.
Section 9.7 Citizen Complaint. In order for a citizen complaint to be considered as
possible grounds for disciplinary action, it must be reduced to writing and signed by the
citizen within thirty (30) calendar days after the date of the alleged event upon which the
complaint is based. If the incident alleges conduct which, if true, could lead to criminal
charges, the thirty (30) day requirement shall not be applicable.
Section 9.8 Initial Investigation. All complaints, internal investigations and Divisional
charges should initially be under the province of the Communications Supervisor. If the
Communications Supervisor is not on-duty, the Officer-In-Charge (O.I.C.) will be
responsible for noting the incident and forwarding it to the Communications Supervisor
or the Support Services Lieutenant no later than forty-eight (48) hours after the incident.
When the incident is forwarded, the Communications Supervisor will investigate and
make recommendations to the Chief. If the Communications Supervisor is not available
with forty-eight (48) hours of the alleged incident or on the Monday following the alleged
incident if it occurs on the weekend, the Support Services Lieutenant will investigate and
make recommendations to the Chief. If the claim is made that any provisions of this
Article are violated by the Employer, such violations shall be subject to the Grievance
Procedure beginning at Step 2.
ARTICLE 10
DISCIPLINE
10.1 Discipline for Cause. No bargaining unit employee shall be reprimanded,
suspended, reduced in pay, or removed, except for grounds stated in this Contract. The
Employer may take disciplinary action against any employee only for just cause. The
Employer may take this type of action while the employee is on duty; working under
color of employment for the Employer; or off-duty representing himself as an employee
of the Division or while engaged in conduct that might affect his ability to perform his
duties as an employee. The employee may not be disciplined for actions on his own
13
personal time that do not reflect directly on the Division, or do not violate any State or
Federal statutory provisions, or off-duty employment Divisional Standards of Conduct,
Rules and Regulations. Incompetency, inefficiency, dishonesty, drunkenness, immoral
conduct, insubordination, discourteous treatment or neglect of duty, absence without
leave, or any conduct unbecoming an employee, or any other acts of misfeasance,
malfeasance or nonfeasance, or violations of any Dublin Division of Police General
Orders shall be cause for disciplinary action.
Section 10.2 Progressive Discipline. Except in instances where an employee engages
in serious misconduct, the facts and circumstances of which could justify suspension or
discharge, discipline will be applied in a progressive manner. Progressive discipline shall
take into account the nature of the violation, an employee's record of discipline, and the
employee's record of conduct.
Ordinarily, a progressive disciplinary action will involve an oral reprimand before a
written reprimand, a written reprimand before a suspension, and a suspension before
reduction in pay or removal for a repeated, similar, or related offense. The commission of
a repeated or related offense for which an oral reprimand has been given, permits, but
does not require, the Employer to issue a written reprimand. Should a written reprimand
be issued, the Employer is permitted, but not required, to issue a suspension for the
commission of a related offense of the same, similar, or related nature. Should a
suspension be issued, the Employer is permitted, but not required, to reduce in pay or
remove the employee for the commission of a repeated offense of the same, similar, or
related nature.
In all instances of discipline, the Employer shall only impose a disciplinary penalty
commensurate with the offense, which, where practicable, may assist the employee in
correcting whatever action or behavior is deemed inappropriate. Nothing herein precludes
the Employer from utilizing positive steps, including counseling, to correct an employee's
inappropriate action or behavior.
~d,,y
When disciplinary action is first proposed, the employee and his representative will be
~ allowed an opportunity, if desired to meet with the appropriate supervisor to discuss the
proposal.
Section 10.3 Disciplinary Action. The prerogative to issue oral reprimands and written
reprimands rests solely within the Divisional hierarchy of authority. Where there is
reason to believe that an employee is guilty of an offense which might lead to suspension
without pay, reduction in pay or rank, or removal, the Chief has the responsibility to
prefer charges and the proposed penalty against the employee, which charges shall be
heard in aPre-Disciplinary Conference, as established in Section 10.4. In prefemng
charges, the Chief shall provide the employee with all evidence supporting the charges.
Section 10.4 Pre-Disciplinary Conference. When charges are preferred by the Chief, a
Pre-Disciplinary Conference shall be scheduled to give the employee an opportunity to
14
offer an explanation of the alleged offense/misconduct. Pre-Disciplinary Conferences
will be conducted by the City Manager, or his designee.
Not less than three (3) working days prior to the scheduled Pre-Disciplinary Conference,
the Chief will provide the employee with written notice of the preferred charges. The
employee may choose to:
1) appear at the Conference to present an oral or written statement in his defense;
2) appear at the Conference with a union representative or attorney; or
3) elect to waive (in writing) the opportunity to have aPre-Disciplinary Conference.
At the Pre-Disciplinary Conference, the City Manager, or his designee, will ask the
employee or employee's representative to respond to the preferred charges. At the Pre-
Disciplinary Conference, the employee or his representative shall be permitted to offer
testimony and evidence in his defense, call witnesses material to his defense, and
confront his accusers. The employee or his representative shall provide a list of
witnesses to the City Manager or his designee as far in advance as possible, but no later
than one (1) working day prior to the Pre-Disciplinary Conference. It is the employee's
responsibility to notify his witnesses that he desires their attendance at the Pre-
Disciplinary Conference.
A written report will be prepared by the City Manager, or his designee, summarizing the
findings of fact and disciplinary penalty to be imposed, if any. A copy of this written
report will be provided to the employee or his representative within ten (10) working
days following the Conference. Pre-Disciplinary Conferences shall be tape-recorded. A
copy of the recording shall be furnished to the employee, his/her union representative, or
his/her attorney, upon request, within forty-eight (48) hours of the close of the
Conference. The employee may also record the Conference.
Any imposition of discipline shall be accomplished in such a manner that will not
embarrass the employee before other employees or the public.
Section 10.5 Co~y of Discipline Record. Whenever a disciplinary action is taken
which results in a disciplinary action of record, (Section 10.2), the employee shall be
given a copy of such record.
Section 10.6 Apneas. The F.O.P./O.L.C. may elect to appeal the disposition made by
the City Manager or his designee directly to arbitration as provided in Section 8.5 D. of
this Contract, or, where applicable, to the Dublin Personnel Board of Review. In the
event the F.O.P./O.L.C. wishes to appeal such decision to arbitration, written notice of
the intent to file such an appeal under the Arbitration procedure must be received by the
City Manager or his designee within fourteen (14) calendar days of the City Manager's,
or his designee's, written determination. In the event an appeal is taken to arbitration,
review by the Dublin Personnel Board of Review is precluded.
15
ARTICLE 11
PERSONNEL RECORDS
Section 11.1 Personnel File. One, and only one, official personnel file shall be
maintained for each employee and shall be in the custody of the Division of Personnel &
Purchasing. The personnel file shall contain all the official records of the City regarding
an individual employee with the exception of medical records which shall be maintained
in a separate file pursuant to applicable Federal and State Law and which shall be
considered confidential. Where past disciplinary actions or allegations of misconduct are
relevant to considerations of future disciplinary action or promotion, only those
disciplinary actions of record contained in the personnel file shall be considered. An
employee may review his personnel file at reasonable times in the presence of the
Personnel Director, or his designee, upon written request to the Personnel Director.
During the term of this Contract, each employee may obtain one copy of his entire
personnel file at no cost. This copy shall be provided upon request from the employee
and within a reasonable period of time. All other copies of documents shall be made
available to the employee at a reasonable charge; all said copies shall be marked
"Employee's Copy". 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.
background investigations, polygraph examination, reference checks, criminal record
checks, interview appraisal forms and evaluation profiles, etc.); such selection
records/materials shall be made available for inspection of the employee upon request to
the Personnel Director. The confidentiality of matters contained in the personnel files
shall be the responsibility of the Personnel Director who shall release only such
information permitted by law and then only to those persons with a legitimate right to the
information, subject to the provisions of the Ohio Privacy Act, Ohio Public Record's Act,
or other applicable Federal or State Law. In the event a legitimate request is made to
inspect or obtain copies of records from an employee's personnel file, the City will make
a reasonable attempt to notify the employee that such a request has been made.
Section 11.2 Retention of Records. All actions of record, including appointment,
evaluations, promotions, reprimands, dismissals, suspensions, will be maintained in each
employee's personnel file throughout his period of employment. Record of documented
oral reprimands will not be considered for purposes of future disciplinary action more
than six (6) months after issuance provided that no repeated offense(s) of a same or
similar nature have occurred within said six (6) month period following issuance. Record
of written reprimands will not be considered for purposes of future disciplinary action
more than twelve (12) months after issuance provided that no repeat offense(s) of a same
or similar nature have occurred within said twelve (12) month period following issuance.
Suspensions of less than thirty (30) days will not be considered for purposes of future
disciplinary action more than three (3) years after issuance provided that no repeated
offense(s) of a same or similar nature have occurred within said three (3) year period
following issuance.
16
In the event that a repeated offense(s) of a same or similar nature occurs during the
appropriate time limit(s), the initial disciplinary action shall be considered for the
duration of the time period for which the most recent documented disciplinary action will
remain in effect for purposes of future disciplinary action.
Section 11.3 Inaccurate Documents. If, upon examining his personnel file, an
employee has reason to believe that there are inaccuracies in documents contained
therein, he may write a memorandum to the Personnel Director explaining the alleged
inaccuracy. If the Personnel Director concurs with the employee's contentions, he shall
either correct or remove the faulty document or attach the employee's memorandum to
the document and note thereon his concurrence with the memorandum. He may also
attach the memorandum to the document and note his disagreement with memorandum's
contents.
ARTICLE 12
WORK RULES
Section 12.1 Work Rules. The Employer agrees that, to the extent possible, work rules
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 Contract, or has not been applied or interpreted uniformly
to all employees, shall be a proper subject for a grievance.
ARTICLE 13
POLITICAL ACTIVITY
6~,, Section 13.1 Political Activity. In addition to other rights, as permissible by law:
A. An employee is permitted outside the City of Dublin to actively participate in
partisan political activity, provided that an employee undertakes such activity
while off-duty, not in identifiable uniform, and does not represent that such
activity is either undertaken in his official capacity as an employee or the
Employer or is sanctioned by the Employer.
B. An employee is permitted within the City of Dublin to exercise his/her rights as a
citizen to express his/her personal opinions and to cast his/her vote. However, an
employee shall not:
1. orally or in writing solicit or in any manner be concerned with soliciting
any assessment, subscription or contribution of any type for any political
17
~..~y _ ,~..~...v...~.~.,~..u.,..~~
' 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 14
SENIORITY
Section 14.1 Seniority. For purposes of this Contract, "Seniority" shall be defined as
total continuous service when hired as a full-time employee within the Communications
Center. Seniority shall begin to accumulate on the date an individual becomes employed
in a full-time position within the Communications Center; however, should more than
one (1) individual be hired on the same day, seniority preference will be determined by
the individual's relative ranking on the Final Eligibility List. An individual with a higher
ranking shall always receive seniority preference over an individual with a lower ranking.
Methods for determining seniority prior to the effective date of this contract shall not be
affected. Continuous service shall reflect the uninterrupted service of an employee as
calculated by years/days of service. Continuous service shall be interrupted only when a
"break in service" occurs.
A "break in service" shall occur in the following instances:
A. Removal/Dismissal
B. Failure to return from an authorized leave of absence
C. Resignation/Separation from a position within the Communications Center.
An employee who has a "break in service" and who is subsequently rehired or reinstated,
shall not receive continuous service credit and will be placed at the bottom of the
seniority list.
The following shall not constitute a break in service:
A. If an employee is reinstated due to the disaffirmance of removal or layoff;
B. When an employee leaves his or her position as a Communications Technician for a
promotion or lateral move within the Communications Center.
Section 14.2 Application of Seniority. When vacation leaves are to be scheduled on an
annual basis, and where in these instances there are two (2) or more employees
18
_ - -L-.wm~ W _ a 4W..~.....; - ~ri
requesting vacation leave for the same period of time, the employee with the greater
seniority shall be granted the request, if the request is granted at all.
Section 14.3 Filling of Shift Assignments. Assignments to shift and shift slots shall be
posted for fifteen (15) days and shall be made by means of seniority unless the Chief
determines that the effective operation of the Division dictates that seniority not be the
determining factor for shift assignments and shift slots. Employees shall be given at least
fifteen (15) days notice of a change in shift assignments or shift slots. Employees who
~ are serving in their original appointment probationary period shall not have an
opportunity to compete for a new shift.
In November of each year, the Division shall post a shift schedule for the upcoming year.
The Communications Supervisor shall present the proposed schedule to the most senior
Communications Technician. That individual shall have forty-eight (48) hours to decide
which position on the proposed schedule they desire. Once they sign up for a shift, the
schedule is returned to the Communications Supervisor who will initial the sheet and pass
along to the next senior person for their decision. This will continue until each person
has made a bid for a shift. The new shift assignments will go into effect January 5th of
the upcoming year.
Section 14.4 No Posting Response. In instances where shift assignments, as set forth in
Section 14.3 are posted and no employees respond to the posting, the Chief reserves the
discretion to make such assignments based upon the needs of the Division.
ARTICLE 15
EMPLOYEE ASSISTANCE PROGRAM
Section 15.1 Employee Assistance. The City of Dublin and members of the bargaining
unit 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
w~
be successfully resolved provided they are identified and referred to an appropriate
source of assistance. The City and members of the bargaining unit therefore agree that it
would be in the best interest of the City, its employees, and employees' immediate family
members that a formal Employee Assistance Program (EAP) be provided by the City to
assist employees and said family members in dealing with a wide range of personal
difficulties/problems. The City and members of the bargaining unit 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
City 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
19
performance, the employee and/or immediate family members are strongly encouraged to
seek assistance through the EAP.
Section 15.2 Coverage Terms and Conditions. Under the coverage terms of the EAP,
employees and/or members of their immediate families shall each be entitled to unlimited
assessment and referral and a maximum of three sessions per problem, at no cost to the
employee or family member, for problems amenable to short term counseling
intervention.. Employees and/or family. members are encouraged to access available
benefits, as provided by the City medical benefits program, for counseling/treatment
beyond the three session limit.
..u
Section 15.3 Other Terms and Conditions. The City and the members of the
bargaining unit agree that:
A. Participation in the EAP shall be strictly voluntary. However, employees and
their immediate family members who have problems they feel may affect their
health, well-being, and/or the employee's job performance, are encouraged to
contact the EAP.
B. Employees and their immediate family members shall receive an offer of
assistance to help resolve such problems in an effective and confidential manner
by the EAP provider consistent with federal and state law. No information
concerning the nature of individual personal problems will be released without
proper written consent of the individual receiving services (whether employee or
employee's immediate family member).
C. Nothing in this Article of this Contract shall be interpreted as constituting a
waiver of the City'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 City'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
20
u~ ~ _ -
schedule EAP related appointments outside of normal work hours. Flexible
appointment hours shall be made available to employees by the EAP provider.
E. Supervisory personnel may encourage the use of the EAP, recognizing the fact
that many job performance difficulties may be related to a personal problem.
However, supervisory personnel shall refrain from diagnosing personal problems
or recommending specific solutions other than referral to the EAP.
""41" F. Supervisory training is critical to the success of the EAP. In that regard, the City
will provide supervisory training, to be scheduled at the discretion of the City, 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 City shall reserve the right to contract, at its sole discretion, with the
company/ organization of its choice that will, in the judgement of the City,
provide the most cost- effective, meaningful, and responsive service to the City
and its employees.
ARTICLE 16
DRUG FREE WORKPLACE
Section 16.1 Purpose. The City and the Union hereby agree that illegal drugs in the
workplace are a danger to us all. They impair health, safety and welfare, promote crime,
lower productivity and quality, and undermine the public confidence in the work we
perform as public servants. Therefore, the City and the bargaining unit will not tolerate
the illegal use or illegal presence of drugs in the workplace.
In addition, the City and the Union understand that, pursuant to the federal Drug-Free
Workplace Act, in order for the City of Dublin 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 City 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 City to verify that all employees have agreed to abide by
the policy as a condition of continued employment.
The purpose of this Article is to publish a formal policy regarding illegal drugs in the
workplace, to notify bargaining unit employees of the consequences of illegal use,
possession, distribution, manufacture, etc. of controlled drugs in the work-place, to
institute a drug awareness program for bargaining unit employees, and to notify
employees of the types of rehabilitative help that may be offered by the City. 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
within the Division of Police.
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Section 16.2 Polic The City and the Union hereby agree that any location at which
City business is conducted is hereby declared to be a DRUG-FREE WORKPLACE. This
means that all employees, including supervisory personnel, are absolutely prohibited
from unlawfully manufacturing, distributing, dispensing, possessing, or using con-trolled
substances in the workplace. Reporting for work while under the influence of illegal
drugs, or with any residual effects from illegal drug use (e.g. impaired judgement,
sickness, impaired reflexes, etc.) is likewise prohibited. For purposes of this policy, an
employee is considered to be "under the influence" of a drug or controlled substance
when any amount of such drug or con-trolled substance (or any of its metabolites) is
found to be present in the employee at or above the lowest recognized scientific standard
utilized by the laboratory selected by the Employer for evaluating the presence of such
substances in the system.
Bargaining unit employees hereby understand that any building, facility, structure,
property, etc., or the contents thereof (i.e. employee lockers, offices, desks, etc.), owned
or leased by the City shall be subject to unannounced inspection at any time by
appropriate supervisory personnel and City officials.
The following constitutes a partial list of controlled substances: (For a more detailed
listing and explanation of controlled sub-stances, 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.)
Bargaining unit employees understand that compliance with this policy shall be strictly
enforced and shall be a condition of continued employment. Bargaining unit employees
also understand that any employee violating this policy shall be subject to appropriate
disciplinary action which may include suspension or dismissal.
Bargaining unit employees hereby understand that they may also be subject to
appropriate disciplinary action for engaging in off duty, illegal conduct/behavior
unbecoming a City employee emanating from the use of illegal drugs which detracts from
the image or reputation of the City as an organization or which erodes the public
confidence in the City as an organization (e.g. disorderly conduct, assault, fighting,
criminal menacing, disturbing the peace, OMVI, etc., or other criminal acts).
Section 16.3 Drug-Free Awareness & Employee Assistance. Bargaining unit
employees have a right to know the dangers of drug abuse in the workplace, the policy
regarding such drug abuse, and what help is available to combat drug problems. This
Section of this Contract is intended to address this matter.
22
w _ _ _ _
The City 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 City 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
Bargaining unit employees hereby understand that where rehabilitative assistance is
offered by the City 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 City of Dublin medical plan. (For further information on the medical
benefits for drug abuse treatment, refer to the City of Dublin "Employee Benefits
Handbook".)
The City also agrees to provide supervisory training to assist supervisors in identifying
illegal drug use by employees. In addition, the City further agrees to provide training to
supervisory personnel regarding the proper procedures for handling incidents involving
employees who they suspect may be under the influence of illegal drugs in the
workplace.
Section 16.4 Criminal Convictions & Notification .Requirement. The bargaining unit
employees hereby understand 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 City of such conviction (including pleas of guilty and nolo contendere) within
five (5) days of the conviction occurring. Failure to so inform the City shall subject the
_ ,
employee to appropriate disciplinary action including suspension or dismissal.
The City 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.
Section 16.5 Employee Acknowledgment. All bargaining unit employees hereby agree
to acknowledge, in writing, that they have read this Article of the Contract and agree to
abide by it in all respects. Bargaining unit employees understand that this
acknowledgment and agreement shall be required of each employee as a condition of
continued employment.
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ARTICLE 17
CONSUMPTION OF ALCOHOL
Section 17.1 Purpose. In order to promote and maintain a safe and productive working
environment for all City employees, protect the public health, safety, and welfare and,
uphold the public confidence in the work performed by City employees, the City and the
bargaining unit hereby agree that a policy concerning the use of alcohol by bargaining
unit employees should be addressed within this Contract. The purpose of this Article,
therefore, is to provide the terms and conditions of such policy.
The bargaining unit hereby understands that this policy shall be applicable to all
bargaining unit employees and shall be strictly enforced by all supervisory personnel
within the Division of Police.
Section 17.2 Policy The City and the union hereby agree that all employees, including
supervisory personnel, are strictly prohibited from consuming alcohol while on duty. In
addition, reporting for work while under the influence of alcohol, with any residual
effects of alcohol consumption (e.g. impaired judgement, sickness, impaired reflexes,
etc.), or where there is any evidence of alcohol consumption (e.g. odor of alcohol on the
breath) is likewise prohibited. For purposes of this policy, an employee is considered to
be "under the influence" of alcohol when the employee is found to be impaired by
alcohol. (The City and the union hereby agree that a reading of .02 on a confirmatory
Breath Alcohol Test shall be used as the standard for impairment.) Furthermore, all
employees are also prohibited from consuming alcohol during their designated lunch
break or meal period and while off duty anytime said employees are in City uniform or
are wearing any apparel which distinguishes themselves as employees of the City of
Dublin.
Bargaining unit employees hereby understand that any building, facility, structure,
property, etc., or contents thereof (i.e. employee lockers, offices, desks, etc.), owned or
leased by the City, shall be subject to unannounced inspection at any time by appropriate
supervisory personnel and City officials.
Bargaining unit employees likewise understand that compliance with this policy shall be
strictly enforced and that any employee violating this policy shall be subject to
appropriate disciplinary action which may include suspension or dismissal.
Bargaining unit employees further understand that they may also be subject to
appropriate disciplinary action for engaging in off-duty, illegal conductlbehavior
unbecoming a City employee emanating from the use of alcohol which detracts from the
image or reputation of the City as an organization or which erodes the public confidence
in the City as an organization (e.g. disorderly conduct, assault, fighting, criminal,
menacing, disturbing the peace, OMVI, etc., or other criminal acts).
24
_ _ ~ , z _
Section 17.3 Alcohol Awareness & Employee Assistance. Bargaining unit employees
have a right to know the dangers associated with the use or abuse of alcohol and what
help is available to combat the problems associated with alcohol use or abuse.
The City agrees to offer an awareness program for all bargaining unit employees on the
dangers associated with alcohol use or abuse. Posters, brochures, and appropriate guest
speakers at periodic group meetings will communicate information to employees.
In addition, to assist employees in overcoming alcohol abuse problems, the City will
offer the following rehabilitative help where applicable:
* Medical benefits for alcohol-abuse treatment
* Information about community resources for assessment and treatment
* Employee Assistance Program
Bargaining unit employees hereby understand that where rehabilitative assistance is
offered by the City and agreed to by the employee, failure of the employee to adhere to
conditions with regard to the rehabilitative program may result in appropriate disciplinary
action including suspension or dismissal.
Medical benefits for alcohol abuse treatment, as mentioned above, shall be limited to
those covered by the City of Dublin medical plan. (For further information on the
medical benefits for alcohol abuse treatment, refer to the City of Dublin "Employee
Benefits Handbook".)
The City also agrees to provide supervisory training to assist in identifying the problems
associated with alcohol abuse by employees. In addition, the City further agrees to
provide training to supervisory personnel regarding the proper procedures for handling
incidents involving employees who they suspect maybe under the influence of alcohol in
the workplace.
ARTICLE 18
EMPLOYEE DRUG & ALCOHOL TESTING PROGRAM
Section 18.1 Purpose of Testing. In an effort to promote and maintain a safe and
healthy environment for City employees, establish a standard of conduct for City
employees, protect the public health, safety, and welfare, and to uphold the public
confidence in the work performed by City employees, the City and the bargaining unit
hereby agree that employee drug & alcohol testing should be addressed within this
Contract. 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 18.2 Terms and Conditions of Testing. The City and the bargaining unit
hereby agree that all bargaining unit members, as a condition of this Contract, shall be
25
required to submit, upon request, to testing (whether urinalysis for drugs or breath for
alcohol) to detect the presence of illegal drugs or alcohol in their systems under the
following circumstances:
A. When the City has reasonable suspicion to believe that an employee is
under the influence of illegal drugs or alcohol while on City premises or
on City business.
x. B. Following awork-related accident or safety violation resulting in any of
the following:
1. Bodily injury (other than minor abrasions/contusions) requiring off site
medical attention;
2. Employee receives a traffic citation for a moving violation in
connection with a vehicular accident;
3. Vehicular damage in apparent excess of $1,000;
4. Non-Vehicular property damage in apparent excess of $500;
5. Any accident involving fatalities;
Testing shall be administered as soon as possible after necessary medical attention is
received, or within eight (8) hours for both alcohol and other drugs.
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 Human Resource Director, which will include
consent that notice of the test results will be released to The Director of Human
Resources/Procurement, or in his absence, the City Manager.
The City and the bargaining unit hereby agree that if employees of the bargaining unit are
required to submit to testing, any 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.
Section 18.3 Drug Testing Procedures. Drug testing shall be conducted in the
following manner:
A. Employees judged to be under the influence of drugs shall be escorted to a
designated testing laboratory after receiving approval from the City
Manager or Director of Human Resources/Procurement. After specimen
collection, the employee shall be escorted home. Employees will not
receive regular pay for the time they are sent home if found to be under
the influence of drugs. The employee shall be permitted to return to work
after the test results have been received by the City, unless otherwise
specified by the City.
26
B. In screening for the presence of drugs, the City shall use a generally
accepted screening procedure. Whenever an employee is required to
provide urine for the screening procedure, the employee shall be required.
to provide two specimens at the time of collection in order to facilitate the
screening procedure.
C. When such 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 for the presence of illegal drugs, the City shall submit the first
specimen for testing to a certified laboratory. If illegal drugs are found in
the first specimen, then that same specimen shall be submitted for further
verification (confirmatory) testing. If masking agents are found in the first
specimen, on the initial test, such shall be treated as a refusal to submit to
testing and the City shall be so notified directly. This refusal to submit to
testing shall then subject the employee to appropriate disciplinary action
(without further confirmatory testing).
E. If both initial and verification (confirmatory) tests are positive for an
illegal drug, the Director of Human Resources/Procurement shall contact
the employee. The employee must then decide whether or not he/she
wishes the second specimen provided at the initial collection to be further
tested by the City. If the employee so requests, then the second specimen
shall be tested by the City 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 second specimen and it also tests positive for an illegal drug or
alcohol, rehabilitative or corrective action shall be taken.
Section 18.4 Alcohol Testing. Alcohol Testing shall be accomplished by means of
Breath Testing which shall be administered by a Breath Alcohol Technician (BAT). The
Employer shall contract with a provider to perform such breath testing and only
Evidential Breath Testing (EBT) devices certified by the Federal Government shall be
used in the administration of such testing.
Section 18.5 Alcohol Testing Procedure and Results. The Breath Alcohol Technician
(BAT) shall administer an initial breath test 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
result shall be deemed the final result, upon which any disciplinary/corrective action shall
27
be based. A test result of 0.02 or greater on the confirmatory test shall subject the
member to appropriate disciplinary/corrective action.
Section 18.6 Referral To Employee Assistance Program. If the results of drug and/or
alcohol testing are positive, but do not warrant dismissal of the employee, a referral to the
Employee Assistance Program may be offered. Likewise, if any refusal to submit to
testing does not warrant dismissal of the employee, a referral to the Employee Assistance
Program may be offered. Although employees may be offered an assessment through the
~s 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 or any refusal to submit to testing, 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
with 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 19
USE OF PRESCRIPTION & "OVER-THE-COUNTER" MEDICATION
Section 19.1 Purpose. In an effort to promote and maintain a safe and productive
working environment for City employees, establish a standard of conduct for City
employees, protect the public health, safety, and welfare, and to uphold the public
confidence in the work performed by City employees, the City and the bargaining unit
hereby agree that use of prescription and "over-the-counter" medication by employees
should be addressed within this Contract. 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 members.
Section 19.2 General Terms & Conditions In general, employees taking medication
legally prescribed by a physician, or purchased "over-the-counter", which may impair the
employee's judgement, job performance, and physicaUmental capabilities, shall advise
their immediate supervisors, in writing, of the medication being used and the possible
effects of such medication, prior to the employee commencing work. Such written
notification must be provided through the use of a Prescription or "Over-the-Counter"
Medication Notification Form to be developed by the Director of Human
Resources/Procurement. If an employee is uncertain as to the potential effects of a
particular medication, it shall be that employee's responsibility to consult with a
physician or pharmacist as to its potential effects.
When an employee notifies his/her supervisor that he/she is under the influence of
prescription or "over-the-counter" medication which causes the types of effects as noted
28
previously, the super-visor shall temporarily reassign the employee to other duties which
can safely be performed, if such duties are available, or shall authorize appropriate leave
for the employee (i.e. sick, vacation, personal, comp time, etc.).
It shall be the responsibility of all supervisory personnel to monitor the
condition behavior of their employees during work hours, and when a supervisor has
reasonable suspicion to believe that an employee may be under the influence of
prescription or "over-the-counter" medication during work hours which causes the types
of effects as those previously noted, the supervisor shall immediately relieve the
employee of his/her duties and shall follow the procedures outlined in Section 19.3
("Testing Procedures for Prescription and "Over-the-Counter" Medication") of this
Contract. Furthermore, whenever there is awork-related accident or safety violation,
resulting in any of the following, supervisors shall likewise follow the procedures
outlined in Section 19.3 of this Contract:
1. Bodily injury (other than minor abrasions/contusions) requiring off site
medical attention;
2. Employee receives a traffic citation for a moving violation in
connection with a vehicular accident;
3. Vehicular damage in apparent excess of $1,000;
4. Non-Vehicular property damage in apparent excess of $500;
5. Any accident involving fatalities;
The City and the bargaining unit hereby agree that if employees work under the influence
of medication legally prescribed by a physician, or purchased "over-the-counter", which
causes the type of effects as those previously noted under this section, they shall be
subject to appropriate disciplinary action including suspension or dismissal. An
employee shall be considered to be "under the influence" of a medication when any
amount of such medication (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.
Section 19.3 Testing Procedures For Prescription or "Over-the-Counter"
Medication.
When a supervisor has reasonable suspicion to believe that an employee may be under
the influence of medication legally prescribed by a physician, or purchased "over-the-
counter", which causes the effects identified under Sections 19.2 of this Contract, that
supervisor shall require the employee to submit, upon request, to a urinalysis to detect the
presence of such prescription or "over-the-counter medication" in his system.
Furthermore, whenever there is awork-related accident or safety violation, resulting in
any of the following, supervisors shall likewise require the employee to submit upon
request to the same tests to detect such prescription or "over-the-counter" medication:
1. Bodily injury (other than minor abrasions/contusions) requiring off site
medical attention;
29
2. Employee receives a traffic citation for a moving violation in
connection with a vehicular accident;
3. Vehicular damage in apparent excess of $1,000;
4. Non-Vehicular property damage in apparent excess of $500;
5. Any accident involving fatalities;
Employees who are directed to submit to testing shall be required to sign a consent form,
which includes consent that notice of the test results will be released to the Director of
Human Resources/Procurement, or in his absence, the City Manager.
. The City and the bargaining unit hereby agree that if employees are required to submit to
testing, any 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.
Testing for prescription or "over the counter" medication shall be conducted in the
following manner:
A. Employees required to submit to testing shall be escorted to a designated testing
laboratory after receiving approval from the City Manager or Director Human
Resources/Procurement. After specimen collection, the employee shall be
escorted home. Employees will not receive regular pay for the time they are sent
home if found to be under the influence of prescription or "over-the-counter"
medication which causes the effects previously noted. The employee shall be
permitted to return to work after the test results have been received by the City,
unless otherwise specified by the City.
B. In screening for the presence of prescription or "over-the-counter" medication, the
City shall use a generally accepted screening procedure. Whenever an employee
is required to provide urine for the screening procedure, the employee shall be
~s required to provide two specimens at the time of collection in order to facilitate
the screening procedure.
C. When such 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 for the presence of prescription or "over-the counter" medication, the
City shall submit the first specimen for testing to a certified laboratory. If
prescription or "over-the-counter" medication is found in the first specimen, then
that same specimen shall be submitted for further verification (confirmatory)
testing. If masking agents are found in the first specimen, on the initial test, such
shall be treated as a refusal to submit to testing and the City shall be so notified
30
~a.~
directly. This refusal to submit to testing shall then subject the employee to
appropriate disciplinary action (without further confirmatory testing).
E. If both initial and verification (confirmatory) tests are positive for prescription or
"over-the-counter" medication, the Director of Human Resources/Procurement
shall contact the employee. The employee must then decide whether or not he/she
wishes the second specimen provided at the initial collection to be further tested
by the City. If the employee so requests, then the second specimen shall be tested
by the City 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 employees does request the testing of
second specimen and it also tests positive, corrective action shall be taken.
Section 19.4 Referral To Employee Assistance Program. If the results of prescription
and "over-the-counter" medication testing are positive, but do not warrant dismissal of
the employee, a referral to the Employee Assistance Program may be offered. Likewise,
if any refusal to submit to testing does not warrant dismissal of the employee, a referral to
the Employee Assistance Program may be offered. Although employees may be offered
an assessment 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
prescription and "over-the-counter" medication test or any refusal to submit to testing,
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 with random prescription and "over-the-counter"
medication 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 20
LAYOFFS
Section 20.1 La~ffs. Whenever the City determines that a layoff is necessary, the City
shall notify the affected employees twenty-one (21) calendar days in advance of the
projected layoff date. Employees shall be laid off at the time and in the number specified
by the City Manager in the inverse order of their seniority. All part-time, temporary
and/or seasonal employees shall be laid off first, then full-time probationary employees,
followed by full-time regular employees.
Section 20.2 Call-back. When employees are laid off, their names shall be placed on a
Re-employment Eligibility List established by the Division of Human
31
Resources/Procurement. When deemed appropriate by the City, those employees who
have been laid off shall be called back to work and reinstated to the job classification they
held before layoff with the same status and seniority as they had at the time of layoff, in
inverse order of their layoff, if they are available. Should vacancies occur during the time
for which the Re-Employment Eligibility List is valid, and should the City decide to fill
such vacancies, said vacancies shall be filled from this Re-Employment Eligibility List.
Call-back notification shall be sent to affected employees by certified mail with a copy
sent to the Union. Should an employee not be available within twenty-one (21) 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 twenty-one (21) 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 two (2) years from the date of original
creation unless said list is exhausted prior to the completion of the two 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/Procurement advised of their current mailing address.
ARTICLE 21
MISCELLANEOUS
Section 21.1 Safe Equipment. The Employer will furnish and will maintain in good
working condition the necessary tools, facilities, vehicles, supplies and equipment
required for employees to safely carry out their duties. Employees are responsible for
reporting unsafe conditions or practices, for avoiding negligence, and for properly using
and caring for tools, facilities, vehicles, supplies, and equipment provided by the
Employer.
Section 21.2 Contract Copies. As soon as is possible following the signing of this
Contract, the Employer and the F.O.P./O.L.C. shall have printed sufficient copies of this
Contract. The actual cost of printing this Contract, 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 F.O.P./O.L.C. 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 Contract.
Section 21.3 Mail. Mail which is addressed to an employee shall not be opened by
anyone other than the employee to whom it is addressed, unless the employee has
specifically provided written authorization to the contrary or it is reasonable to assume
that the contents of the mail likely involves other work-related activities to which prompt
review, attention, and/or response may be required. If someone other than the employee
to whom the mail is addressed opens the mail, they will sign their name, date and time on
32
the outermost piece of that mail. Mail that is not work-related shall not be sent to an
employee at any public facility operated by the City of Dublin. Employees will not be
responsible for any non-work-related mail that they did not initiate.
Section 21.4 Reimbursement for Expenses and Travel. An employee, whenever
authorized to engage in or to undertake official business for the Employer 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 will be at the current rate
established by Internal Revenue Service (IRS). It is recognized that the Employer has the
right to promulgate reasonable regulations pertaining to reimbursement for expenses and
travel. 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 Chief. All other travel is considered to be
non-work-related and non-reimbursable.
ARTICLE 22
RATES OF PAY/WAGES
Section 22.1 Wages• The following straight time annual wage rates shall be paid to
employees within the Communications Technician classification effective January 1,
2000:
Step 1 - $28,000.00 Step 4 - $33,078.40
Step 2 - $29,692.80 Step 5 - $34,771.20
Step 3 - $31,385.60 Step 6 - $36,464.00
Effective January 1, 2001, Step 6 shall be increased to $37,922.56. Effective January 1,
2002, Step 6 shall be increased to $39,436.46.
Effective upon execution of this Agreement, but retroactive to January 1, 2000, each
existing employee within the Communications Technician classification whose base
annual compensation rate (prior to execution of this Agreement) falls between
$25,500.00 and $26,599.99, shall be placed at Step 1 of the above reference wage
structure. Thereafter, each such employee shall receive an annual step increase on his/her
anniversary date of appointment (including any year 2000 anniversary date).
Effective upon execution of this Agreement, but retroactive to January 1, 2000, each
existing employee within the Communications Technician classification whose base
annual compensation rate (prior to execution of this Agreement) falls between
$26,600.00 and $27,599.99, shall be placed at Step 2 of the above reference wage
structure. Thereafter, each such employee shall receive an annual step increase on his/her
anniversary date of appointment (including any year 2000 anniversary date).
33
Effective upon execution of this Agreement, but retroactive to January 1, 2000, each
existing employee within the Communications Technician classification whose base
annual compensation rate (prior to execution of this Agreement) falls between
$27,600.00 and $29,999.99, shall be placed at Step 3 of the above reference wage
structure. Thereafter, each such employee shall receive an annual step increase on his/her
anniversary date of appointment (including any year 2000 anniversary date).
Effective upon execution of this Agreement, but retroactive to January 1, 2000, each
existing employee within the Communications Technician classification whose base
annual compensation rate (prior to execution of this Agreement) falls between
$30,000.00 and $32,699.99, shall be placed at Step 5 of the above reference wage
structure. Thereafter, each such employee shall receive an annual step increase on his/her
anniversary date of appointment (including any year 2000 anniversary date).
Effective upon execution of this Agreement, but retroactive to January 1, 2000, each
existing employee within the Communications Technician classification whose base
annual compensation rate (prior to execution of this Agreement) falls between
$33,000.00 and $34,999.99, shall be placed at Step 6 of the above reference wage
structure.
Section 22.2 Appointment and Advance Step Hiring: The City Manager, when
making appointments to the Communications Technician classification, shall be
authorized to recognize the overall qualifications of candidates in determining their
placement within the wage structure.
Section 22.3 Step Advancement. Following the employee's initial appointment to a
position within the Communications Technician classification, advancement to
successive steps within the wage structure shall occur annually on the employee's
anniversary date.
Section 22.4 Application of Pay Rates. The rates of pay set forth in Section 22.1
-A 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 22.5 Longevity Pad, All employees shall receive, in addition to the pay rates
established in Section 22.1, a longevity payment based upon completed years of service
with the City according to the following schedule.
The following schedule shall be effective on the execution of this Contract:
34
.
Completed Years of Service Amount
Four (4) through six (6) years $550.00
Seven (7) through ten (10) years $725.00
Eleven (11) through fourteen (14) years $850.00
Fifteen (15) through nineteen (19) years $950.00
Twenty (20) or more years $1,025.00
Longevity pay shall be issued during the pay period in which the employee's anniversary
date of appointment falls. The employee will be paid in one (1) lump sum in the form of a
regular paycheck for that given pay period which will be taxed at the employee's W-4
rate.
Section 22.6 Shift Differential. Shift differential pay shall be provided as follows,
excluding hours in paid status while on approved leave and off-duty court-time hours:
1. For employees regularly assigned to first shift, shift differential shall be applied to
any hours worked between the hours of 5 pm and 6:45 am.
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 Contract, the shift differential rate will be 60~ per hour.
Effective January 1, 2001, shift differential shall be increased to 65~ per hour and
effective January 1, 2002, shift differential shall be increased to 70~ per hour.
ARTICLE 23
HOURS OF WORK AND OVERTIME
Section 23.1 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.
35
Section 23.2 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). Employees shall be paid at double time on the seventh consecutive
day of work within a given work-week, if ordered to work. No employee shall be paid
for overtime work which has not been authorized by a supervisor. Except in emergency
situations, the Division shall post available overtime opportunities and shall attempt to
evenly distribute, as far as practicable, overtime to employees requesting same.
Section 23.3 Overtime Rotation.
A. Beginning January 1 of each year, the City shall offer each employee, in the order
of their seniority, from most senior to least senior, the opportunity to work
scheduled overtime, provided that sufficient opportunities exist. Upon
completion of this seniority offering, the City shall rotate scheduled overtime
opportunities among full-time dispatchers by offering subsequent scheduled
overtime opportunities to the dispatcher with the least amount of credited
overtime. Toward this end, the City shall post and maintain an overtime roster.
This roster shall include a list of dispatchers and an updated total of hours worked
and hours refused by each employee. Hours refused by a dispatcher shall be
credited in the same manner as hours actually worked. Inability to contact a
dispatcher shall not count as a refusal and date and time of the attempt to contact
the dispatcher shall be noted on the log. Errors in the distribution of overtime
opportunities shall be corrected at the next opportunity for overtime. Scheduled
overtime opportunities are those known to the employer twenty-four (24) hours in
advance.
B. Incidental overtime opportunities, which result from last minute call-offs or other
unforeseen circumstances, shall be first offered to the full-time dispatchers
working the previous contiguous shift, in order of overtime hours credited, from
least to most. If the opportunity is refused, it shall be offered to full-time
dispatchers scheduled for the contiguous shift immediately following the shift on
which the opportunity occurs. This offering shall be made on the same basis.
Incidental overtime worked or refused shall be credited on the overtime roster
referred to in paragraph (A.). Incidental overtime opportunities are those known
to the employer less than twenty-four (24) hours in advance.
C. If the proper procedure above has been followed and sufficient staffing has not
been obtained to fill the overtime opportunity, then the City may fill the
remaining staffing requirement for the overtime detail by either offering the
opportunity to apart-time dispatcher or by mandatory assignment of the
dispatcher who can be located for work, who has the least number of overtime
hours worked. Mandatorily assigned overtime shall not be credited to the
overtime roster referred to in paragraph (B.) above.
36
Section 23.4 Call In Pay/Court 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
or credited with a minimum of three (3) hours at the appropriate over-time rate. This
provision shall apply portal to portal to employees called in from off-duty for court
appearances. Employees, otherwise off duty, who are required by the Court to be and
remain available for work-related court sessions, shall be compensated at the overtime
rate for such time not to exceed two (2) hours in duration. In order to be compensated for
~ more than two (2) hours at the appropriate overtime rate for said purpose, the employee
must provide appropriate justification from the Court that he was required to remain
available for said time in excess of two hours.
Section 23.5 Compensatory Time. At the election of the employee, overtime may be
compensated with compensatory time off in accordance with the provisions of the Fair
Labor Standards Act. Such compensatory time off shall be equal to one and one-half (1-
1/2) times or two (2) times, whichever may be applicable, for each one (1) hour of
overtime worked. The maximum number of accumulated compensatory hours permitted
in an employee's compensatory time bank, at any point in time, shall be two hundred
forty (240). After an employee's maximum compensatory time bank has reached 240
hours, all additional overtime for such employee shall be paid at the appropriate overtime
rate. If at the end of each calendar year (December 31,) the employee has 190 hours of
compensatory time in his compensatory time bank, he shall be permitted to convert up to
fifty (50) hours of compensatory time in said bank to cash. The calculation for
converting Compensatory Time to cash shall be the employee's established hourly rate of
pay multiplied by the number of hours the employee desires to convert. In the event the
employee wishes to exercise this option, it shall be his responsibility to forward a
memorandum to the Department of Finance specifying the number of hours he wishes to
convert to cash, prior to the end of the first pay period in the new calendar year. The cash
conversion will then be paid in the form of a separate payroll check and shall be
forwarded to the employee on the scheduled pay date at the conclusion of the second pay
~ period in the new year.
~ Section 23.6 Payment For Accrued Compensatory Time Upon Separation. An
employee who has accrued compensatory time shall, upon the termination of employment
for any reason, be paid for the unused compensatory time at the rate of pay received by
the employee at the time of separation. In the event of any employee's death, such
compensation shall be paid to the employee's surviving spouse or, secondarily, his estate.
Section 23.7 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 maybe requested in multiples ofone-quarter hours.
37
ARTICLE 24
RATES FOR EMPLOYEES FOLLOWING CERTAIN PERSONNEL ACTIONS
Section 24.1 Return to Duty. Any Communications Technician who voluntarily
resigns, maybe reinstated as a full-time Communications Technician if there is a need for
his services within two (2) years after the date of resignation, subject to approval by the
a City Manager. If there is no vacancy at the time of request for reinstatement, the
Personnel Director shall place the name of said applicant at the top of the appropriate re-
employment list for the remainder of the two (2) year period.
Section 24.2 Return from Military Service. Pursuant to the Ohio Revised Code
Section 5903.03, 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.
Section 24.3 Reinstatement from Authorized Leave. Time spent on authorized leave
shall be credited for purposes of step advancement and shall not constitute a break in
service.
ARTICLE 25
UNIFORMS, EQUIPMENT, PERSONAL PROPERTY AND REPLACEMENT
Section 25.1 Initial Issue. Effective January 1, 2000, all Communications Technicians
shall be entitled to the items listed below:
x
6 short-sleeve shirts (specifications to be determined by Chief of Police)
~ 61ong-sleeve shirts (specifications to be determined by Chief of Police)
6 pair of pants (specifications to be determined by Chief of Police)
1 pair all-season black uniform shoes
1 Jacket or 1 sweater (employee's choice) (specifications to be determined
by Chief of Police)
1 Headset w/Earpiece
1 Black uniform belt (specifications to be determined by Chief of Police)
Although the Division will not provide a dress uniform, the Chief of Police will develop
specifications for such uniform and the employees may choose to purchase such uniform.
Section 25.2 Change in Issuance. Should the required issuance of uniforms, uniform
parts, or equipment for the Communication Center be changed by the City, all employees
38
within the bargaining unit shall be provided the new uniforms, uniform parts, or
equipment at no cost to the employee.
Section 25.3 Uniform and Equipment Replacement. Anytime an employee needs any
uniform or equipment item(s) replaced due to normal wear and tear, the employee shall
submit a request to the Communications Supervisor for the replacement thereof. At the
time the request is submitted, the employee must turn-in the item(s) in question to the
Communications Supervisor. The Communications Supervisor shall properly evaluate
the need for replacement and if a valid need indeed exists for the replacement of such
items, the Communications Supervisor shall forward such request and item(s) to the
individual within the Division with the assigned responsibility for approving the
replacement of such item(s). If such request is subsequently approved, the individual
responsible for uniform & equipment ordering shall process an order as expeditiously as
possible for the replacement of requested item(s).
Section 25.4 Dry Cleaning/Laundering. The Employer shall provide uniform cleaning
at no cost to the employee. In any week, an employee shall be entitled to have
laundered/cleaned up to ten (10) uniform items. The City shall designate a dry cleaning
service or services where uniforms are to be cleaned and the City shall have the exclusive
authority to contract for the provisions of such services.
Section 25.5 Damaged, Destroyed, Lost Personal Property. In general, personal
property of an employee, previously approved for City use, which is damaged or
destroyed in the line of duty shall be re-placed by the City, via a reimbursement
procedure, up to a maximum of $100.00 on a per occurrence basis. Requests for
replacement of damaged personal property must be submitted in writing to the Chief
identifying the circumstances under which the damage occurred and the type, brand
name, model, value, condition prior to damage, etc. of said property, together with the
damaged property. If such request is subsequently approved, the employee shall be
reimbursed for the purchase of replacement personal property 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. Specific
exceptions to the above mentioned $100.00 maximum reimbursement shall include
eyewear, the maximum reimbursement for which shall be the replacement value of the
eyewear.
Personal property of an employee, previously approved for City use, which is lost in the
line of duty, may be replaced, via a reimbursement procedure, in full or partial value, up
to a maximum value of $100.00 or a per occurrence basis, if it can be shown that
reasonable precautions had been taken to prevent such loss. Requests for replacement of
lost personal property must be submitted in writing to the Chief identifying the
circumstances under which the loss occurred and the type, brand name, model, value,
condition prior to loss, etc. of said property. If such request is subsequently approved,
the employee shall be reimbursed for the purchase of replacement personal property
which, in all respects, is substantially similar to that which was lost, up to the maximum
39
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.
Specific exceptions to the above mentioned $100.00 maximum reimbursement shall
include eyewear, the maximum reimbursement for which shall be the replacement value
of the eyewear.
For purposes of this Section of the Contract, "personal property" shall not include
uniform parts or equipment identified under Section 25.1 ("Initial Issue") as those items
shall be replaced on an "as needed" basis by the City.
Section 25.6 Termination. Upon termination, employees shall return to the Division all
Division-issued uniforms and equipment in good condition, minus normal wear.
ARTICLE 26
VACATION LEAVE
Section 26.1 Vacation Year. The vacation year for employees shall end at midnight on
January 31 of each year, solely for purposes of vacation scheduling.
Section 26.2 Conditions for Accrual. Employees shall accrue vacation leave per pay
period at the annual rate set forth in Section 26.3. 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.
An employee who has prior public service with any state government, or any political
" subdivision thereof, may receive credit for his prior service with such entity for the
purpose of computing the amount of his vacation leave with the City, if the nature of said
service is relevant to the nature of his service with the City of Dublin.
A new employee of the City with less than one (1) year of prior public service, as
described under this Section shall not, within the first six (6) months of his employment
with the City, accrue. or use vacation leave and, during the remaining six (6) months of
his first year of employment, said employee shall accrue and be entitled to use up to a
maximum of 40 hours of vacation leave.
A new employee of the City, with mare than one (1) year of prior public service, as
described under this Section, shall be entitled to accrue vacation leave immediately upon
appointment, pursuant to the schedule and conditions established in this Section,
40
provided that proper verification of said prior public service is received by the City, and
said employee shall be entitled to use vacation leave after three months of service.
Section 26.3 Vacation Accrual Schedule. Each employee shall be entitled to vacation
leave based upon the following vacation accrual schedule:
Completed Years Paid Vacation
of Public Service Hours Per Yearl
0 - 1 Year 40 Hours
2 - 4 Years 108 Hours
5 - 10 Years 142 Hours
11 - 15 Years 170 Hours
16 - 20 Years 188 Hours
21 Years or More 218 Hours
Section 26.4 Vacation Carry-Over. An employee may carry over from one calendar
year to another a maximum of 160 hours of vacation leave previously earned but not
used. An employee may carry-over more than 160 hours of vacation leave from one
calendar year to another with the approval of the City Manager, which shall be at the City
Manager's sole discretion.
Section 26.5 Vacation Scheduling. The Division 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 Chief of Police.
A. Annual Scheduling. In January of each year, the Division shall post a vacation
schedule. Employees shall submit written requests for vacation leave by January
15`h. In cases of conflict, seniority shall control as to granting of requests of
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
M...,.
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 SchedulinE. For other than annual scheduling, employees may request
occasional use of vacation leave on a first-come first served basis.
C. Vacation leave may be taken in multiples ofone-quarter (1/4) hour.
Section 26.6 Rates of Pay for Vacation Hours. All vacation hours shall be paid at the
applicable straight time rates; however, an employee ordered to work while on approved
vacation leave shall be paid at the double time rate, with a minimum guarantee of four (4)
hours pay for each. such call-in. Should an employee have time-off approved in advance
41
.w
(vacation, personal, or comp time) and have to work, they shall be entitled to double time
for all hours which were previously approved off.
Section 26.7 Payment for Accrued Vacation Leave Upon Resignation/Separation or
Death. Employees are encouraged to utilize the vacation benefit for the purpose for
which it is intended - e.g. rest, relaxation, travel, etc. Therefore, payment for accrued
vacation leave in lieu of actual use shall not be approved, except when an employee
resigns from employment with two weeks' notice, is terminated by the City, dies, or is
laid off. In such cases where payment for accrued vacation leave is authorized in lieu of
its actual use, the maximum amount of vacation for which the employee may receive
payment shall not exceed one hundred sixty (160) hours. In the event of an employee's
death, compensation for unused vacation leave shall be paid to the employee's surviving
spouse or, secondarily, his estate.
ARTICLE 27
HOLIDAYS
Section 27.1 Paid Holidays. The following are designated as paid holidays for
bargaining unit employees:
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
Thanksgiving Day
Christmas Day
h Section 27.2 Special Holidays. 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.
Section 27.3 Holiday Work. Each holiday which is observed on an employee's
regularly scheduled workday shall be worked by the employee unless the employee is
excused from work. However, the Division may schedule the work force as necessary to
provide adequate coverage to the City.
Employees may request to be scheduled off on a particular holiday by timely request to
the Chief of Police. Such request may be granted provided that the request would not
affect the normal operations of the Division or the normal level of service to the
community. Conflicts involving multiple requests shall be resolved on afirst-come-first-
servedbasis.
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Section 27.4 Holiday Pam
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.
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B. When an employee works a holiday on his regularly scheduled workday, he shall
be entitled to:
1. Straight time pay for all hours worked if eight (8) hours or less are
worked, and the double-time for any hours worked in excess of eight (8)
hours;
2. At the employee's option, eight (8) hours' pay or eight (8) hours'
compensatory time at the straight time rate;
3. One half hour of compensatory time at the straight time rate for each
hour worked.
C. When an employee works a holiday on his regularly scheduled day off he shall be
entitled to:
1. Double time pay for all hours worked;
2. At the employee's option, eight (8) hours' pay or eight (8) hours'
compensatory time at the straight time rate.
ARTICLE 28
PERSONAL LEAVE
Section 28.1 Allocation & Usage of Leave. Effective January 1 of each year under this
Contract, each employee shall receive 32 hours (4 days) of Personal Leave. However, in
the event an individual is appointed on or after November 1 of any given year under this
Contract, said individual shall receive only one (1) day of personal leave. 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
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time rate. Conflicts involving multiple requests for the same period of leave shall be
resolved on afirst-come-first-served basis.
Section 28.2 Payment for Unused Personal Leave Upon Resignation/ Separation 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
lay-off. In the event that an employee is terminated or resigns from City service, said
employee shall also be compensated for all unused personal leave at the rate of pay in
effect at the time of termination or resignation, with the exception that said employee will
not be eligible for such compensation if said employee is terminated or resigns within
his/her first six (6) months of employment. Furthermore, in the event that an employee
resigns or separates service without providing at least ten (10) calendar days' written
notice prior to his/her last working day, said employee shall forfeit his/her right to
compensation for such unused personal leave.
ARTICLE 29
INSURANCE
Section 29.1 Medical. Dental, & Vision Benefits. The City shall make available group
medical, prescription drug, dental, and vision benefits to all employees and dependents
who meet the eligibility requirements of the plan. Said benefits will be made available
with no contribution on the part of the employee other than the required deductibles, co-
payments, co-insurance, and annual out-of-pocket maximum associated with the
program. The plan design of this program shall be substantially the same as that in effect
on December 31, 1999 and shall remain in effect until December 31, 2002, with the
exception of the following:
• Effective January 1, 2000, the lifetime maximum for orthodontics shall be
increased to $750 per person; effective January 1, 2001, the lifetime maximum for
orthodontics shall be increased to $1,000.
Section 29.2 Liability Insurance. The Employer shall maintain Law Enforcement
Liability insurance coverage for all employees for the duration of this Contract. The
Employer shall pay the annual premium for such coverage. "Shall" as used in the context
of liability insurance, is based on availability of such coverage. Whether or not insurance
coverage is available, the employee shall be indemnified and held harmless by the City,
provided the employee acted within the scope of his assigned duties in the situation/
incident out of which a claim or lawsuit arises.
Section 29.3 Change in Carriers. If it becomes necessary to change carriers (medical,
dental, vision, and life insurance benefits only), and such change would effect the
benefits under the plans, the Employer agrees to meet with representatives of the
Bargaining unit prior to implementing the change in order to negotiate the impact of any
proposed change.
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Section 29.4 Life Insurance. Effective January 1, 2000, the City shall provide group
term life insurance coverage in the amount of $45,000 for each employee with the full
premium for said coverage paid by the City. Effective January 1, 2001, this amount shall
be increased to $50,000. Coverage amounts shall be doubled if the employee is killed in
the line of duty.
ARTICLE 30
SICK LEAVE
Section 30.1 Sick Leave Accrual. All employees shall be entitled to sick leave with pay
at the rate of 5.54 hours per pay period. Sick leave with pay shall accrue without
limitation, with the exception that an employee shall earn the full sick leave accrual each
pay period only if the employee is in full pay status for the entire period. In the event the
employee is not in full pay status for the entire pay period, he shall accrue sick leave at
the rate of .069 hours for each one (1) hour in full pay status during the pay period. New
employees shall be granted sick leave at the date of their employment and "advanced"
three (3) days of sick leave. However, no additional sick leave will be allowed to
accumulate until the end of the third month of employment.
Section 30.2 Use of Sick Leave. Sick leave with full normal pay shall be granted for the
following reasons:
A. Actual illness or disability of the employee;
B. Illness or disability of one or more of the employee's immediate family members,
requiring the employee's personal care and attendance. Immediate family, for the
purpose of this section, is defined as mother, father, spouse, son, daughter, step-
son, step-daughter, legal guardian, or someone who stands in place of a parent.
Bargaining unit members shall be permitted to petition the City Manager for
usage of sick leave for illness of family members outside the definition of
immediate family. The parties agree that the City Manager shall evaluate such
requests and may, on a case-by-case basis, approve such requests, at his
discretion.
C. Enforced quarantine of the employee in accordance with community health
regulations.
D. Necessary appointments with physicians and dentists.
E. Where injury leave has expired and the employee must be absent from work for
an additional period.
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In order to qualify for sick leave payments, the employee must notify his supervisor not
later than one (1) 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 the Communications Supervisor to submit a doctor's certificate
verifying the illness and justifying the necessity of the absence. If the Communications
Supervisor determines that an employee's use of sick leave is not justified, the
Communications Supervisor shall have the authority to charge the absent time to the
employee's vacation, personal leave, or compensatory time balance or to record the
absent time as leave without pay.
The City Manager, assisted by all supervisory personnel, shall be responsible for
preventing abuses of sick leave. Sick leave shall not be considered leave time which an
employee may use at his discretion for personal business. The employer may require
medical proof of the necessity for said sick leave, in which event the involved employee
shall be required to produce a statement from a medical doctor certifying to the necessity
of such absence. In the event the employee fails to submit adequate proof of the
necessity for sick leave, such leave shall be considered unauthorized leave and shall be
without pay. If an employee is found to have abused this sick leave policy, he/she shall
be subject to disciplinary action, including possible suspension or dismissal.
In the case of pregnancy, the pregnant employee will be permitted to continue working as
long as she is physically capable to do so with the approval of her physician and
supervisor. "Physically Capable" shall mean the ability to satisfactorily perform the
normal job duties of the position to which the employee is assigned, as determined by the
City. If deemed necessary by the Communications Supervisor, 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, or compensatory time 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-hour increments.
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Section 30.3 Payment for Unused Sick Leave.
A. After at least ten (10) complete years (i.e. 120 months) of continuous service with
the City, an employee, who is laid off or who qualifies for retirement benefits
under the State of Ohio's "Public Employees Retirement System", and actually
retires from City Service, shall be entitled to receive payment for accrued unused
sick leave. The rate of pay for such unused sick leave shall be at the employee's
straight time hourly rate of pay at separation multiplied by one-third (1/3) of the
total number of accrued sick leave hours. Total payment under this provision
shall not exceed 540 hours (67.5 paid days). In the event an employee dies while
in the employ of the City, except as provided in paragraph (B) of this section, and
the employee qualifies for his respective retirement/pension fund, his spouse, or
secondarily, his estate shall be paid the aforementioned rate of redemption for
accrued unused sick leave.
B. 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 30.4 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.
ARTICLE 31
INJURY LEAVE
Section 31.1 Injury Leave with Pad When an employee's absence from work is
necessitated because of an illness or injury incurred while on the job with the City and
said illness or injury is compensable under Ohio Worker's Compensation Law, injury
leave shall be granted for a period not to exceed one hundred eighty (180) calendar days.
Such leave shall be granted by the City Manager, or his designee, based upon the
recommendation of the Chief of Police and upon submittal by the employee of a
statement from a licensed physician justifying that the employee is unable to return to full
work status due to the illness or injury. Such leave shall not be charged against the
employee's sick leave balance unless it is determined that the illness or injury is a non-
work-related illness or injury and is not compensable under Ohio Worker's Compensation
Law. In order to be eligible for injury leave, the employee must report the illness/injury
to his supervisor within three (3) work-days of the incident giving rise to the
illness/injury.
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Simultaneously with the request for injury leave, the employee shall also 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 shall be the monetary difference
between the employee's regular rate of pay and benefits received under the Workers'
Compensation system.
In cases where injury leave or medical leave are necessary, the Chief of Police may offer
a modified work assignment which will provide for the attempted placement of
_x Divisional personnel who are unable to perform in their normal capacity.
The limitations imposed on injury leave shall be considered as limitations on leave
granted as a result of each incident of awork-related illness/injury, rather than limitations
on leave to be granted in any one calendar year or other unit of time.
ARTICLE 32
SPECIAL LEAVES
Section 32.1 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-medicaUnon-family leave situations or for the period beyond twelve (12) weeks
of family or medical leave, the employee will also be required to pay 100% of the cost
associated with maintaining his medical, dental, vision, and/or life insurance coverages if
he wishes any or all of said coverages continued. Failure of any employee to report
promptly at the expiration of such leave of absence shall be considered as a resignation.
Leave without pay maybe granted for:
A. Personal Leave. A leave without pay maybe granted at the discretion of the City
Manager, or his designee, for personal reasons not to exceed thirty (30) days
without loss of seniority, if the employee can be spared. This may be extended
only with the written approval of the City Manager, or his designee, and must be
submitted in writing a minimum of two weeks prior to the requested date of the
extension.
B. Extended Illness or Accident Leave. A leave without pay may be granted to an
employee for a period not to exceed one (1) year without loss of seniority when
such employee is physically unable to report for work because of illness or
accident. The employee must promptly notify his supervisor of the necessity
therefore (and the supervisor shall transmit the request to the City Manager, or his
designee, for approval), and the employee must supply certification from a
qualified physician attesting to the necessity for such absence.
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C. Maternity Leave. A maternity leave without pay may be granted to an employee
without loss of seniority upon approval of the City Manager, or his designee.
Extension of the leave may be granted for a period not to exceed one (1) year, if
the employee's physician states in writing that such an extension is needed for
recuperative health reasons. Leave without pay during the probationary period
shall not be counted part of that period.
D. Military Leave (Active Duty). Except as may otherwise be specifically provided
herein, an employee maybe granted a leave of absence without pay to be inducted
into or otherwise enter the military on an active duty basis.
Section 32.2 Leave with Pay. Leave with pay may 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 may be granted to an employee in order that he
may serve required jury duty or if he is required by law to appear in a case
resulting directly from the discharge of his duties as a City employee. In such
cases, all witness or jury fees shall be signed over to the City.
B. Bereavement Leave. In the event of a death in an employee's family, the
employee shall be entitled to up to three (3) consecutive paid work days for a
funeral service and/or burial, charged against the employee's existing sick leave
balance, and an additional two (2) days, also charged against sick leave, for such
services out of state, if needed for these purposes. Additional days of sick leave
maybe 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. Militarv Reserve Leave. A member who, as a member of the Ohio National
Guard, the Ohio Defense Corporation, the Ohio naval Militia, or as a reserve
member of the Armed Forces of the United States, is called upon to receive
temporary military training, shall be entitled to a leave of absence with pay for a
period or periods not to exceed twenty-two (22) eight (8) hour work days or 176
hours in 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 176 hours at his or her regular compensation rate less
whatever compensation the member may receive for such military service. If the
member's military compensation exceeds the compensation the member is
otherwise entitled to from the City, the member will not be entitled to any
additional compensation from the City.
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D. Family & Medical Leave. Pursuant to the Family and Medical Leave Act of
1993, FMLA leave may be granted to an employee who has been employed for at
least twelve (12) months by the City and who has provided at least 1,250 hours of
service during the twelve (12) months before the leave is requested. The leave
may be granted up to a total of twelve (12) weeks during any twelve (12) month
rolling period for the following reasons:
Because of the birth of a child or placement for adoption or foster care of a
child;
• In order to care for the spouse, son, daughter, parent, or one who stood in
place of a parent of the employee, if such spouse, son, daughter, parent, or "in
loco parentis" has a serious health condition;
• Because of a serious health condition that makes the employee unable to
perform his/her employment functions.
The employee must provide the employer with thirty (30) days advance notice of the
leave, if such leave is reasonably foreseeable, or such notice as is practicable if thirty (30)
days notice is not possible. The employee must provide the employer with certification
of the condition from a health care provider. The employer, at employer's expense, may
require a second opinion on the validity of the certification. If this second opinion
contradicts the first opinion submitted by the employee, a third opinion, at the employer's
expense, shall be sought from a mutually agreeable physician, which shall be binding on
both the employee and employer.
An employee seeking FMLA leave must first use paid sick time (if applicable), vacation,
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 maybe entitled maybe limited to
twelve (12) weeks taken because of the birth of a child or placement for adoption or
foster care of a child. The employee will be responsible for his/her share of the health
insurance cost (if any) during the unpaid leave. If the employee does not return from the
leave, he/she is responsible for payment to the City of the monthly Single/Family rate
paid by the City on behalf of the employee during the leave. The City may, at its sole
discretion, waive the repayment of such amount. The City will be responsible for the 30
day plan costs under COBRA.
It is intended that this Article comply with the Family and Medical Leave Act of 1993
and the City may promulgate policies in furtherance of the Family and Medical Leave
Act that are not inconsistent with this Agreement.
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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 33
TRAINING AND TUITION REIMBURSEMENT
Section 33.1 Training. In recognition of the value of continuing education and
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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 Chief of Police 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 awork-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, with the
exception of training programs/seminars which are hosted by the City at the
Dublin Justice Center.
C. The employer shall pay the current rate for mileage, as determined by the IRS,
when an employee is not provided with aCity-owned vehicle. Where overnight
lodging is provided at the City's expense, an employee will only be reimbursed
for mileage to and from the training facility on one occasion each way unless
otherwise approved or directed by the Chief. All other travel shall be considered
to benon-work-related and non-reimbursable. Bus, train, or airfare at tourists rate
will be provided for lengthy trips when travel is approved by the City Manager.
D. Hotel or motel charges when lodging is not provided as a term of tuition payment.
E. Hourly rates will be paid when schools or training are scheduled during regular
working hours.
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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 33.2 Tuition Reimbursement.
A. Reimbursement Program. All employees of the bargaining unit may participate
in the City's Tuition Reimbursement Program. Under this program, each
employee shall be eligible for a maximum of Two Thousand Five Hundred
Dollars ($2,500.00) in reimbursement per calendar year for fees and required
textbooks, and courses of instruction voluntarily undertaken. Courses of
instruction eligible for reimbursement under this program shall include courses
necessary for job-related degree programs or courses of study not necessarily
within ajob-related degree program but which are still job-related. In addition,
only coursework provided by a recognized institution (e.g. college, university,
community college, post secondary technical school, etc.) shall be eligible for
reimbursement under this program. No reimbursement shall be approved for
correspondence courses.
B. Necessary Approval. All coursework subject to reimbursement shall be
transmitted, in advance and through the Chief of Police, to the Director of
Personnel & Purchasing for approval. The Chief of Police shall provide a written
recommendation concerning approvaUdisapproval of the request at time of
transmittal to the Director of Personnel and Purchasing. 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 Personnel
and Purchasing shall evaluate the employee's coursework/degree program for job-
relatedness and shall notify the employee, in writing, regarding his
approvaUdisapproval 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 Personnel &
Purchasing, the employee may appeal, in writing, said disapproval directly to the
City Manager within 72 hours of notification from the Director of Personnel &
Purchasing. 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 Chief of Police, or his designee, to
take such courses on work time.
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I ~
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.
ARTICLE 34
EMPLOYEE INCENTIVE PROGRAMS
Section 34.1 Employee Incentive Programs. Members of the bargaining unit shall be
eligible for employee incentive programs (e.g. Personal Computer Purchase Program,
Wellness Program incentives/awards, etc.) offered to other non-bargaining unit
employees of the City. Eligibility to participate in these incentive programs and receipt
of any awards through these programs shall be governed by the written program rules,
regulations, and requirements as approved by the City Manager.
Section 34.2 Employee Discounts. Should Dublin City Council approve employee
discounts in the future, the City agrees to apply such approved employee discounts to
bargaining unit employees and non-bargaining unit employees alike. Likewise, any
Council approved modifications to present or future discounts will also be applied to
bargaining unit employees and non-bargaining unit employees alike.
ARTICLE 35
TRAINING ASSIGNMENTS
Section 35.1 Compensation. Any bargaining unit member who serves in the capacity of
a trainer shall be entitled to one (1) hour of compensatory time for each eight (8) hours of
training time spent with the trainee.
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ARTICLE 36
DURATION
Section 36.1 Duration. All of the provisions of this Contract shall become effective
upon execution by both parties, unless otherwise specified. This Contract shall continue
in full force and effect until December 31, 2002.
Section 36.2 Signatures. Signed and dated at Dublin, Ohio on or as of this th
day of ,
FRATERNAL ORDER OF POLICE
OHIO LABOR COUNCIL, INC. CITY OF DUBLIN
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.s