Resolution 05-21RECORD OF RESOLUTIONS
BARRETT BROTHERS - DAYTON, OHIO Form 6301
Resolution No. 05-21 Passed
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A COLLECTIVE BARGAINING
AGREEMENT WITH UNITED STEELWORKERS OF
AMERICA REGARDING WAGES, HOURS, AND TERMS
AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES
WITHIN THE MAINTENANCE WORKER, FLEET
TECHNICIAN I, ELECTRICAL WORKER, AND
CUSTODIAL WORKER BARGAINING UNIT.
WHEREAS, the City of Dublin and the United Steelworkers of America have reached
tentative agreement regarding wages, hours, terms and conditions of employment for
employees within the Maintenance Worker, Fleet Technician I. Electrical Worker, and
Custodial Worker bargaining unit; and
WHEREAS, Council has determined that the attached Agreement should be ratified
by Council.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State
of Ohio, _r-( of the elected members concurring that:
Section 1. The City Manager be, and hereby is, authorized to enter into the attached
Collective Bargaining Agreement with the United Steelworkers of America Ohio
regarding wages, hours, and terms and conditions of employment for employees
within the Maintenance Worker, Fleet Technician I, Electrical Worker, and Custodial
Worker bargaining unit.
Section 2. As referenced in Section 1.4 of the attached Agreement, said Agreement
shall supersede and replace all applicable state and local laws, which it has the
authority to supersede and replace.
Section 3. This Resolution shall be effective immediately upon passage as provided
under Section 4.04 (a) of the Revised Dublin Charter.
Passed this. day of YU , 2021.
Mayor - Presiding Officer
ATTEST:
C er f
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
City of Dublin Phone: 614-410-4400 • Fax: 614-410-4490 Memo
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: February 2, 2021
Initiated By: Jennifer Miglietti Director of Human Resources
Re: Resolution No. 05-21- Ratifying the Re -opener of the Collective Bargaining
Agreement with the United Steelworkers of America
Summary
Attached for your consideration is Resolution No. 05-21, authorizing the City Manager to enter into
a Collective Bargaining Agreement (CBA) with the United Steelworkers of America regarding
wages, hours, and terms and conditions of employment for employees within the Maintenance
Worker, Fleet Technician I, Electrical Worker and Custodial Worker bargaining unit. This bargaining
unit is comprised of 76 employees within the Division of Public Service and the Division of Facilities
and Fleet Management.
Below for your reference are the highlights of the changes from the previous Agreement. The term
of this Agreement continue to be three (3) years, from September 1, 2019 through August 31,
2022 with the exceptions of Article 22 (Wages) and Article 32 (Insurance). The term of these two
articles will expire December 31, 2021 and are set for bargaining again beginning July 1, 2021.
Key Economic Terms
Wage increase for all workers covered by this agreement for the second year of this three-
year agreement is 2% effective January 1st of 2021. Subsequent increases for year 2022
are to be determined.
Both parties agreed to leave Health Insurance Benefits status quo during the second year
of the contract in order to facilitate further research and analysis of the Health Insurance
Program as it pertains to rising costs.
The fiscal impact of the wage package in this Agreement is approximated to be $104,506.70
during the 2021 year of the contract only as compared to 2020 wages. The third year financial
impact will be determined when negotiations reopen in the fall of 2021.
Recommendation
Staff recommends that Council approve Resolution No. 05-21 authorizing the City Manager to
enter into a new Collective Bargaining Agreement with the United Steelworkers of America.
Attachments:
Draft 2019-2022 Collective Bargaining Agreement between the City of Dublin and the United
Steelworkers and amendments to articles 22 and 32.
ARTICLE 32
INSURANCE
Section 32.1 Medical, Dental & Vision Benefits.
This article applies to the calendar year 2021 only.
The City will make available group medical, prescription drug, dental, and vision benefits
to all employees and dependents who meet the eligibility requirements of the plan. The
City will provide health insurance coverage to Employees through a high deductible
healthcare plan with an associated health savings account (HSA) or a Health
Reimbursement Account (HRA). An HRA is for those employees ineligible for an HSA
based on being covered by other healthcare coverage like Medicare or TRICARE.
A. Medical and Pharmacy Coverage for the year 2021 only
Premiums for the year 2021 only
The City will charge a premium for medical coverage at the following base rates:
Single Coverage: $1,875
Family Coverage w/o spouse $1,875
Family Coverage w/ spouse: $3,750
These premiums can be waived depending on the employee's and spouses, if applicable,
participation in the Healthy by Choice wellness program and meeting its associated
standards as follows:
Participation Based Premium Waiver
Single Coverage: $750
Family w/o Spouse Coverage: $750
Family w/Spouse Coverage: $1,500
Results Based Premium Waiver
$225 per health factor for blood pressure, cholesterol and tobacco -free status
$450 per health factor for BMI/waist circumference
Participating employees hired during the year will have the City's contribution to their
HSA or HRA based on their participation of the HBC program in that initial year. The
premium and waiver of the premium associated with the wellness program will be based
on the enrollment period for the HBC program in the initial year.
In addition to the base rates, if an employee or covered spouse is a tobacco user, then a
tobacco use premium will be charged as follows:
Premium Equivalent Contribution (Tobacco Use Premium Surcharge). A
tobacco use premium surcharge of 15% of the premium equivalent based on the
level of single coverage for tobacco use if either the employee or covered spouse
uses tobacco. In the event that both the employee and the spouse use tobacco,
then a premium surcharge of 15% of the premium equivalent based the level of
single coverage will be applied to both the employee and the spouse for a total of
30%. The employee and/or spouse may make a request for an alternative
standard during open enrollment and the City will work with an employee (and, if
they wish, the employee's doctor) to earn the same reward by different means.
This tobacco use premium will be waived for the tobacco user if the tobacco user
successfully participates in an alternative standard as prescribed under the
"Healthy by Choice" program described in Attachment A of this document. If
coverage is elected and an alternative standard is not requested and completed,
then the premium surcharge for tobacco use will be charged through payroll
deduction evenly over the year.
Annual Deductibles
Single Coverage = $2,500
Family Coverage w/o Spouse = $5,000
Family Coverage w/Spouse = $5,000
HSA/HRA Contributions
The City will make automatic annual contributions (paid out over three equal installments
in January, May and September) to each employees' health savings account who are
covered by the City Health Insurance Plan based on the coverage level. These HSA/HRA
deposits are not tied to the City's HBC Wellness Program and will be made in the following
annual amounts for the year 2020 only:
Single Coverage: $1,875
Family Coverage w/o spouse $3,750
Family Coverage w/ spouse: $3,750
B. Dental and Vision Insurance
The City will make available group dental and vision benefits to all employees and
dependents who meet the eligibility of the plan. The plan design of this program will be
substantially the same as that in effect on December 31, 2020 with the following
exceptions, which will become effective upon execution of this Agreement.
1. Premium Equivalent Contribution. Dental/vision insurance coverage will
continue to be a separate option for employees if they do not elect medical
coverage. A premium equivalent contribution will charged for dental/vision
coverage. If an employee elects medical coverage, the dental/vision
premium will be waived if the employee and enrolled spouse have had one
preventive care dental screening during the plan period.
2. Dental coverage will be paid at 90% of the Usual and Customary Rate
(UCR).
C. Flexible Spending Account
Employees may choose annually, during the established open enrollment period, to
participate in a dependent care Flexible Spending Account to cover eligible expenses for
child and elder care as determined by the IRS.
D. Patient Protection and Affordable Care Act (PPACA)
In light of the Patient Protection and Affordable Care Act of 2010 and anticipated changes
that may result from further rules as defined by the governing bodies, the City will be
legally required to adhere to changes that affect our benefit plan and could affect the
delivery of benefits to Employees. The changes will be implemented on a timeline as
required by law and will not be negotiated. When those situations arise, the City will
notify the Union of such changes prior to implementing the change.
Section 32.2 Nicotine Incentive. Employees who participate in Healthy by Choice
and receive the waiver of premium for non -tobacco use are required to sign a
confirmation form attesting that the Employee has not used any tobacco products during
the prior calendar year. In the event that the Employee uses tobacco, the Employee may
make a request for an alternative standard during open enrollment and the City will work
with an employee (and, if they wish, the employee's doctor) to earn the same waiver of
premium by different means. Any Employee who falsifies an attestation regarding non -
tobacco use may be subject to disciplinary action.
Section 32.3 Chanae in Carriers. If it becomes necessary to change carriers (medical,
dental, vision, and life insurance benefits only), and such change would affect the benefits
under the plans, the City agrees to meet with representatives of the Union prior to
implementing the change in order to negotiate the impact of any proposed change.
Section 32.4 Life Insurance. Effective upon execution of this Agreement, the City will
provide group term life insurance coverage in an amount equal to one and one-half (1-
1/2) times each employee's annual base compensation rate, with a minimum coverage
level of $50,000 and a maximum overage level of $150,000. The full premium for this
coverage will be paid by the City. For purposes of administrative efficiency, the annual
base compensation rate in effect on December 31s' of each year will be used to calculate
the amount of life insurance the employee will have the following year (e.g. annual base
compensation level in effect on 12-31-2020 will be used to calculate the life insurance
amount the employee will have during the 2021 calendar year). In addition, the coverage
reduction provisions within the existing life insurance policy in effect as of 12-31-2002,
which begins at age 65, will remain in the life insurance policy under this Agreement.
Coverage amounts will be doubled if the employee is killed in the line of duty.
Attachment A. Healthy by Choice Benefit Plan including a Health Savings
Account/Health Reimbursement Account
Employee "Health Savings Account/Health Reimbursement" Premium Waiver
for Participation in Wellness Program for the year 2021
An annual opportunity for both the employee and enrolled dependent spouse, if
applicable, to voluntarily participate in the premium waiver associated with the wellness
program will be made in accordance with the City's wellness initiative;
A. Participation -Based (Employee and Enrolled Spouse):
1. During open enrollment: Participate in on-site screenings and request an
alternative standard if needed, complete an on-line health assessment,
and submit documentation during the established open enrollment period;
2. During the City's designated HBC plan year, complete a preventive care
screenings with their doctor;
3. (Employee only) Attend two one-hour educational programs; attend two
45 -minute health coaching sessions; or attend two 45 -minute nutrition
consultations with a dietitian.
B. Results -Based (Employee and Enrolled Spouse):
1. The results -based incentives are based on meeting four key health factors
in relation to blood pressure, cholesterol, body mass index/waist
circumference, non -tobacco use during the open enrollment period.
2. In addition, if an employee or enrolled spouse might be unable to meet a
standard for an incentive under the Healthy by Choice program in light of
their health status, they might qualify for an opportunity to earn the same
incentive by different means. The City will work with each participant (and,
if they wish, with their doctor) to find a wellness program with the same
incentive reward that is right for that participant in light of their health
status.
3. Both the employee and spouse (if enrolled) must participate in the Wellness
Program in order to qualify for the annual incentive based on family
coverage. Employees who have a spouse also employed by the City have
two options: (1) elect one family coverage plan through either the Employee
or Spouse's position, or (2) or both elect single coverage. If either Employee
or spouse has dependent children, they must elect the first option
C. City's Deposits.
1. Deposit of the City's contribution into an HSA for2021, when eligible, will
be based on the following schedule:
2. The City's contribution into a HSA will be deposited three times during the
year 2021 including January, May and September.
D. Light -Duty. The City will review Light Duty requests on a case-by-case basis.
ARTICLE 22
RATES OF PAV/WAGES
Section 22.1 Wase Structure. Effective January 1, 2021to December 31, 2021 the
wage structure depicted below will be In place for each of the job classification Identified
below. There are two methods by which employees will receive pay Increases,
anniversary date of hire and the annual Increases In the pay table which go Into effect on
January 1 of each year, depicted below. Employees will move to the next step on the
pay table on their anniversary date of hire under the appropriate year column for
whatever the current year may be. All employees move to the next column representing
the current year on January 1. All new employees, regardless of start date will enter
these tables at Step 1 for the year In which they are hired, unless approved for an
advanced step per Section 22.2 of this article.
Section 22.2 Appointment and Advanced Step Hirins. The City Manager, when
making appointments to either the Maintenance Worker, Fleet Technician I, Custodial
Worker a Electrical Worker classifications, Is authorized to recognize the overall
qualifications of candidates In determining their placement within the wage structure.
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Section 22.2 Appointment and Advanced Step Hirins. The City Manager, when
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qualifications of candidates In determining their placement within the wage structure.
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Section 22.2 Appointment and Advanced Step Hirins. The City Manager, when
making appointments to either the Maintenance Worker, Fleet Technician I, Custodial
Worker a Electrical Worker classifications, Is 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 Maintenance Worker, Fleet Technician I, Custodial Worker or Electrical
Worker classifications, advancement to successive steps within the wage structure will
occur annually on the employee's anniversary date of appointment.
Section 22.4 Application of Pay Rates. The rates of pay set forth in Section 22.1 will
be used to calculate wages for hours in paid status for the appropriate step. "Paid Status"
will include all hours in approved paid leave including vacation, injury, military (active
duty), personal, compensatory time, sick leave, etc.
Section 22.5 Longevity Pay. In addition to the other types of compensation identified
in Section 22.1, all employees will receive a longevity payment based upon completed
years of service with the City according to the following schedule. In order to be eligible
for the longevity payment, the employee must be in an active status on the anniversary
date of the employee's appointment.
The following schedule will be effective September 1, 2019:
Completed Years of Service
With the City of Dublin Amount
Four (4) through six (6) years
$950.00
Seven (7) through ten (10) years
$1150.00
Eleven (11) through fourteen (14) years
$1450.00
Fifteen (15) through nineteen (19) years
$1700.00
Twenty (20) or more years
$1900.00
Longevity pay will appear in the paychecks for the pay period in which the employee's
anniversary date of appointment falls. The employee will be paid in one (1) lump sum in
the form of a regular paycheck for that given pay period which will be taxed at the
employee's W-4 rate.
Should an employee be on Leave Without Pay for more than six (6) months within a
particular year during which the employee would have normally been entitled for
longevity pay, the employee will forfeit entitlement to such pay.
Section 22.6 Instant Bonus Proaram. All employees in the Maintenance Worker,
Fleet Technician I, Custodial Worker or Electrical Worker classifications will be eligible for
an "instant bonus" in accordance with the following terms and conditions:
A. Each Department may give bonuses to reward an individual employee or a team
of employees for an exceptional effort in implementing and completing a project
or program that:
1. Significantly enhances the efficiency or effectiveness of City operations, or;
2. Significantly exceeds expectations in the areas of performance or customer
service, or;
3. Demonstrates innovation or creativity in government.
B. If a bonus is awarded, it will be awarded immediately, not at the end of the year.
C. An individual employee may be eligible for one instant bonus in any calendar year.
The maximum bonus amount will not exceed $1,000.00, however, the typical
bonus will be in the area of $250.00
D. Bonuses may be awarded upon written request of the employee's supervisor,
division director or department director, detailing the employee's achievement and
recommending a bonus amount. The bonus will not be awarded unless approved
by the department director and the City Manager. All decisions regarding the
award of bonuses will ultimately be at the discretion of the City Manager.
E. In the event the division director and department director believe that time off
with pay would be a more effective reward for excellence under this program, and
the time off will not negatively affect the operation of the division, the employee
may be awarded up to eight (8) hours of paid leave in lieu of a monetary bonus.
F. The division director should not inform the employee of the bonus until it is
approved by the department director and City Manager.
G. To be eligible for a bonus, the employee must demonstrate a clearly exceptional
level of effort and achieve an outcome that is superior.
Section 22.7 Temporary Work Assianment/Pay Supplement. When an employee
is designated to perform the duties of a higher-level job classification within the
bargaining unit, the employee will be compensated at a rate of pay commensurate with
that higher-level job classification for all hours during which the employee performs such
duties. The rate of pay will be within the higher-level classification's established pay
range and will be set either at the minimum of this higher-level classification's pay range
or at a point ten percent (10%) greater than the employee's existing rate of pay,
whichever is greater. However, this increased rate of pay will not exceed the maximum
of the higher classification's pay range. If the temporary work assignment is to a position
outside of the bargaining unit, the Non -Union Compensation Plan Ordinance will take
precedence and the Director of Human Resources will determine a reasonable temporary
increase for that temporary work.
Section 22.8 Shift Differential. Shift differential pay will be provided as follows, with
the exception of hours in paid status while on approved leave:
A. For employees regularly assigned to first shift, shift differential will not apply
except when working on snow removal operations, which runs from the 1st
Tuesday of November through April. When employees regularly assigned to 1st
shift work on snow removal operations, shift differential will apply to those hours
worked between 5 p.m. and 6:45 a.m.
B. For employees regularly assigned to second or third shift, shift differential will be
applied to any hours worked.
Effective upon execution of this Agreement, the shift differential rate will be $1.10/hour.
Shift differential pay will be applicable to actual hours worked. Shift differential will not
be paid in addition to regular pay for any hours spent on approved paid leave, with the
exception of leave due to mandatory training, which will qualify for shift differential pay.
Mandatory training is defined as classes/coursework where employee attendance is
required by the Division. Time spent in optional training programs will not qualify for shift
differential pay. If authorized overtime occurs in conjunction with the regular workday,
the shift differential will be paid for each hour of overtime worked as specified above. If
shift differential pay is applicable, and overtime occurs, the shift differential pay will be
added to the base hourly rate prior to computing the overtime rate. Shift differential pay
will be paid on a bi-weekly basis and will not be cumulative under any circumstance.
ity of
bl i*n
OHIO, USA
COLLECTIVE BARGAINING AGREEMENT
THE CITY OF DUBLIN
AND
THE UNITED STEEL WORKERS
TERM OF AGREEMENT: SEPTEMBER 1, 2019 - AUGUST 31, 2022
TABLE OF CONTENTS
Section 8.1 Unit Officials...........................................................................................
6
Section 8.2 Negotiating Committee............................................................................
6
Section 8.3 Bargaining Unit Leadership Training..........................................................
6
ARTICLE9..................................................................................................................
7
GRIEVANCE PROCEDURE.............................................................................................
7
Section 9.1 Definition/Jurisdiction..............................................................................
7
Section 9.2 Qualifications..........................................................................................
7
Section9.3 Timeliness..............................................................................................
7
Section 9.4 Grievance Form.......................................................................................
7
Section 9.5 Grievance Procedure...............................................................................
8
Section9.6 Working Days........................................................................................10
ARTICLE10...............................................................................................................10
WORKRULES.............................................................................................................10
Section10.1 Work Rules..........................................................................................10
ARTICLE11................................................................................................................10
POLITICAL ACTIVITY..................................................................................................10
Section 11.1 Political Activity....................................................................................10
ARTICLE12...............................................................................................................11
PROBATIONARY PERIOD.............................................................................................11
Section12.1 New Hires............................................................................................11
Section 12.2 Promotions..........................................................................................11
Section 12.3 Lateral Transfers..................................................................................11
Section 12.4 New Hire Orientation............................................................................11
ARTICLE13................................................................................................................11
EMPLOYEE ASSISTANCE PROGRAM..............................................................................11
Section 13.1 Employee Assistance............................................................................11
Section 13.2 Coverage Terms and Conditions............................................................12
Section 13.3 Other Terms and Conditions..................................................................12
ARTICLE14................................................................................................................13
DRUG AND ALCOHOL USE IN THE WORKPLACE.............................................................13
Section14.1 Purpose...............................................................................................13
Section14.2 Policy..................................................................................................14
Section 14.3 Drug and Alcohol Awareness & Employee Assistance...............................15
Section 14.4 Supervisory Training.............................................................................15
Section 14.5 Non-Supervisor Training.......................................................................16
Section 14.6 Criminal Convictions & Notification Requirement.....................................16
ARTICLE15................................................................................................................16
EMPLOYEE DRUG & ALCOHOL TESTING PROGRAM.......................................................16
Section 15.1 Purpose of Testing...............................................................................16
Section 15.2 Terms and Conditions of Testing............................................................16
20
Section 15.3 Drug and Alcohol Testing Procedures.....................................................17
Section 15.4 Referral To Employee Assistance Program..............................................19
20
ARTICLE16................................................................................................................19
USE OF PRESCRIPTION & "OVER-THE-COUNTER" MEDICATION.....................................19
21
Section16.1 Purpose...............................................................................................19
Section 16.2 General Terms & Conditions..................................................................19
Section 16.3 Failure to Notify Supervisor...................................................................20
ARTICLE17...............................................................................................................20
LAYOFFS....................................................................................................................
20
Section17.1 Layoffs................................................................................................20
Section 17.2 Call-back.............................................................................................
20
ARTICLE18...............................................................................................................21
MISCELLANOUS..........................................................................................................
21
Section 18.1 Agreement Copies................................................................................21
Section 18.2 Bulletin Boards.....................................................................................21
ARTICLE19................................................................................................................21
SENIORITY................................................................................................................21
Section19.1 Seniority..............................................................................................21
Section 19.2 Application of Seniority — Leave Requests...............................................22
Section 19.3 Application of Seniority — Shift Vacancy and Position Vacancy ..................
22
ARTICLE20...............................................................................................................23
DISCIPLINE...............................................................................................................23
Section 20.1 Discipline for Cause...........................................................................23
Section 20.2 Progressive Discipline...........................................................................23
Section 20.3 Pre -Disciplinary Conference...................................................................24
Section 20.4 Disciplinary Action Imposed...................................................................24
Section 20.5 Copy of Discipline Record......................................................................24
Section20.6 Appeal.................................................................................................24
ARTICLE21...............................................................................................................24
PERSONNEL RECORDS................................................................................................24
Section 21.1 Personnel File......................................................................................24
Section 21.2 Retention of Records............................................................................25
Section 21.3 Inaccurate Documents..........................................................................25
ARTICLE22...............................................................................................................25
RATES OF PAY/WAGES...............................................................................................25
Section 22.1 Wage Structure....................................................................................25
35
Section 22.2 Appointment and Advanced Step Hiring..................................................26
Section 22.3 Step Advancement...............................................................................26
Section 22.4 Application of Pay Rates........................................................................26
Section 22.5 Longevity Pay......................................................................................26
Section 22.6 Instant Bonus Program.........................................................................27
Section 22.7 Temporary Work Assignment/Pay Supplement........................................28
Section 22.8 Shift Differential...................................................................................28
ARTICLE23...............................................................................................................29
HOLIDAYS.................................................................................................................29
Section 23.1 Paid Holidays.......................................................................................29
Section 23.2 Dates/Days Observed...........................................................................29
Section 23.3 Holiday Pay..........................................................................................29
Section 23.4 Special Holiday.....................................................................................29
ARTICLE24...............................................................................................................30
PERSONAL LEAVE.......................................................................................................30
Section 24.1 Allocation & Usage of Leave..................................................................30
Section 24.2 Payment for Unused Personal Leave, Layoff or Death..............................30
35
ARTICLE25...............................................................................................................31
SICKLEAVE...............................................................................................................31
Section 25.1 Sick Leave Accrual................................................................................31
Section 25.2 Use of Sick Leave.................................................................................31
Section 25.3 Conversion of Sick Leave......................................................................32
Section 25.4 Sick Leave Transfer from Prior Public Employer.......................................33
ARTICLE26................................................................................................................34
HOURS OF WORK AND OVERTIME...............................................................................34
Section26.1 Workweek...........................................................................................34
Section26.2 Overtime.............................................................................................34
Section 26.3 Application of Seniority — Planned Overtime Sign -Up and Assignment . .....
35
Section 26.4 Assignment of Short Notice Overtime.....................................................36
Section 26.5 Snow and Ice Removal Operations AM & PM Shifts...................................37
Section 26.6 First and Second Regular Day Off..........................................................38
Section 26.7 Call In Pay/Show-Up Pay.......................................................................39
Section 26.8 Compensatory Time..............................................................................39
Section 26.9 Payment for Accrued Compensatory Time Upon Separation.....................
39
Section 26.10 Use of Compensatory Time..................................................................40
ARTICLE27................................................................................................................40
REINSTATEMENT FROM CERTAIN PERSONNEL ACTIONS................................................40
Section 27.1 Reinstatement from Resignation............................................................40
Section 27.2 Reinstatement from Military Service.......................................................40
Section 27.3 Reinstatement from Authorized Leave....................................................40
ARTICLE28................................................................................................................41
VACATION LEAVE.......................................................................................................41
Section 28.1 Vacation Year.......................................................................................41
Section 28.2 Conditions for Accrual...........................................................................41
Section 28.3 Prior Public Service Credit.....................................................................41
Section 28.4 Vacation Accrual Schedule.....................................................................41
Section 28.5 Vacation Carry-Over.............................................................................41
Section 28.6 Vacation Scheduling/Use.......................................................................42
Section 28.7 Rates of Pay for Vacation Hours............................................................42
Section 28.8 Payment for Accrued Vacation Leave Upon Resignation/Separation and
Death.....................................................................................................................42
Section 28.9 Annual Conversion of Accrued Vacation Leave........................................42
ARTICLE29...............................................................................................................43
INJURY LEAVE............................................................................................................43
Section 29.1 Injury Leave With Pay...........................................................................43
ARTICLE30...............................................................................................................44
SPECIAL LEAVES........................................................................................................44
Section 30.1 Leave Without Pay...............................................................................44
Section 30.2 Leave With Pay....................................................................................45
ARTICLE31................................................................................................................46
LEAVE DONATION PROGRAM.......................................................................................46
Section31.1 Purpose...............................................................................................46
ARTICLE32...............................................................................................................46
INSURANCE...............................................................................................................46
Section 32.1 Medical, Dental & Vision Benefits............................................................46
Section 32.2 Nicotine Incentive................................................................................48
Section 32.3 Change in Carriers................................................................................48
Section 32.4 Life Insurance......................................................................................49
ARTICLE33................................................................................................................50
TRAINING AND TUITION REIMBURSEMENT..................................................................50
Section33.1 Training...............................................................................................50
Section 33.2 Tuition Reimbursement.........................................................................51
ARTICLE34...............................................................................................................52
TRAINING ASSIGNMENTS...........................................................................................52
Section 34.1 Compensation......................................................................................52
ARTICLE35................................................................................................................52
"ON DUTY" STATUS ....................................................................................................52
Section 35.1 "On Duty" Status - Defined...................................................................52
Section 35.2 Offer of "On Duty " Status.....................................................................53
Section 35.3 Work Units — Defined............................................................................53
Section 35.4 Duration of "On Duty" Status.................................................................53
Section 35.5 Number of Positions to be Offered Outside of Snow Removal Season.......
53
Section 35.6 Number of Positions to be Offered During Snow and Ice Season ..............
53
Section 35.7 "On Duty"— Communications..............................................................54
Section 35.8 "On Duty" Notification...........................................................................54
Section 35.9 "On Duty „ Response............................................................................55
Section 35.10 "On Duty" Inability to Perform.............................................................55
Section 35.11 "On Duty„ Fit for Duty.........................................................................55
Section 35.12 "On Duty„ Pay....................................................................................56
ARTICLE36................................................................................................................56
EMPLOYEE INCENTIVE PROGRAMS/DISCOUNTS............................................................56
Section 36.1 Employee Incentive Programs...............................................................56
Section 36.2 Employee Discounts.............................................................................56
ARTICLE37...............................................................................................................57
TRAVEL/MILEAGE REIMBURSEMENT............................................................................57
Section 37.1 Reimbursement....................................................................................57
ARTICLE38................................................................................................................57
PROVISION OF MEALS UNDER UNUSUAL, EMERGENCY, OR SPECIAL CONDITIONS ..........
57
Section 38.1 Provision of Meals................................................................................57
ARTICLE39................................................................................................................57
REQUIRED LICENSES, REGISTRATIONS, OR CERTIFICATIONS.......................................57
Section 39.1 Required Licenses, Registrations, or Certifications...................................57
ARTICLE40................................................................................................................57
CLOTHING, EQUIPMENT, AND PERSONAL PROPERTY....................................................57
Section 40.1 Shoe, Glove and Carhart Allowance........................................................57
Section 40.2 Prescription Safety Glasses....................................................................58
Section 40.3 Damaged Personal Property ..................................................................58
ARTICLE41................................................................................................................58
TOOL REPLACEMENTS/UPGRADES...............................................................................58
Section41.1 Amount...............................................................................................58
ARTICLE42...............................................................................................................59
DURATION.................................................................................................................
59
Section42.1 Duration..............................................................................................59
Section42.2 Signatures...........................................................................................59
PAGE LEFT INTENTIONALLY BLANK
ARTICLE 1
AGREEMENT
Section 1.1 Agreement. This Agreement is made and entered into at Dublin, Ohio By, and
between the City of Dublin, as Employer, also referred to as "Employer", and the United
Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service
Workers International Union, also referred to as the "Union". Unless otherwise specified
in this Agreement, no changes in this Agreement will be negotiated during its duration
unless there is written accord to do so by and between the parties. Any negotiated changes,
to be effective and incorporated in this Agreement, must be in writing and signed by the
parties.
Section 1.2 Purpose. The purpose of the Agreement is to set forth all covenants
between the parties regarding the wages, hours, terms and conditions of employment for
those employees included in the bargaining unit identified herein.
Section 1.3 Severability. Should any part of this Agreement be held invalid by
operation of law by a tribunal of competent jurisdiction or by revision of the Ohio Public
Employee Collective Bargaining Act by the State Legislature, it will be of no further
force and effect, but such invalidation of such point or provision will not invalidate
the remaining portions hereof and they will remain in full force and effect. In the event
of invalidation, and upon written request by either party, the parties to this Agreement
will meet within forty-five (45) days of receipt of the written request, in an attempt to
modify the invalidated provisions by good faith negotiations.
Section 1.4 Applicability. This Agreement, when executed, will supersede and replace
all applicable state and local laws which it has authority to supersede and replace.
Where this Agreement is silent, the provisions of applicable law, regulation, or policy will
prevail.
ARTICLE 2
RECOGNITION
Section 2.1 Recognition. The Employer recognizes the Union as the sole and exclusive
representative for all employees included in the bargaining unit described herein, in any
and all matters relating to wages, hours, terms and conditions of employment, and the
continuation, modification, or deletion of an existing provision of this Agreement and for
the administration of this Agreement.
Section 2.2 Bargaining Unit. There will exist in the City of Dublin a bargaining unit
consisting of:
All regular full-time employees within the Maintenance Worker, Fleet Technician I,
Custodial Worker and Electrical Worker classifications within the Department of
Public Works and the Department of Parks and Recreation.
1
The following employees are excluded from the bargaining unit:
All Maintenance Crew Supervisors, Fleet Technician IIs, Operations Administrators,
and all other managerial, supervisory, seasonal, casual, confidential, and
professional employees as defined in the Ohio Collective Bargaining Act.
References throughout this Agreement to bargaining unit members will mean employees
within this bargaining unit.
ARTICLE 3
bill *Sol:I to] K•1 a y
Section 3.1 Dues Check Off.
A. The Employer agrees to deduct Union membership dues, initiation fees, and/or
assessments in the amount specified by the Union from the pay of those
employees who individually request in writing that such deductions be made. Upon
receipt of the proper authorization, the Employer will deduct dues from the next
payroll check following receipt of the authorization card. Dues will be deducted from
each payroll period, and the total amount of deductions will be remitted each month
by the Employer to the International Secretary -Treasurer of the Union at the address
which they authorizes for that purpose.
B. The parties agree that neither the employees or the Union will have a claim
against the Employer for errors in the processing of deductions, unless a claim of
error is made to the Employer in writing within thirty (30) days after such error is
claimed to have occurred or was known to have occurred. If it is found that an error
was made, it will be corrected in the following dues deduction.
C. The Union hereby agrees that it will indemnify and hold the Employer harmless from
any claims, actions, or proceedings by an employee arising from deductions made
by the Employer pursuant to this Article. Once the funds are remitted to the
International Secretary -Treasurer of the Union, their disposition thereafter will be
the sole and exclusive obligation and responsibility of the Union.
Section 3.2 PAC Check Off. The Employer agrees to deduct voluntary contributions to
the Steelworkers PAC fund from employees pay in an amount designated by that
employee on the form provided by the Union for the purpose of such voluntary check off.
The Employer will be given the signed authorization forms prior to any such deductions
being made. The total amount of deductions will be remitted monthly to the International
Union at the address authorized for that purpose.
ARTICLE 4
NO STRIKE/NO LOCKOUT
Section 4.1 Employer Pledge. The Employer agrees not to cause, permit, or engage
in any lockout of its employees during the term of this Agreement.
Section 4.2 Union Pledge. The Union agrees that neither it, its agents,
representatives, nor any of its members or any employees covered by this Agreement,
individually or collectively during the term of this Agreement, will for any reason, cause,
permit, or engage in picketing, a sit down, a strike, a boycott, a stand in, a slowdown,
a work stoppage, curtailment or restriction of production or interference or interruption of
work or other interference with the Employer's business or operation, including but not
limited to a general strike, a sympathy strike, a slow down or other interference or
interruption of work of the Employer's business or operation.
Section 4.3 Applicability of Grievance Procedure. The Employer and Union agree
that the Grievance Procedure of this Agreement is adequate to provide a fair and final
determination of all grievances, arising under the terms of this Agreement. It is the desire
of the Union and the Employer to avoid strikes and work stoppages and any and all other
conduct set forth above in Section 4.2 of this Article.
Section 4.4 Employer's Right to Discipline. In the event that any employee or
group of employees engages in any of the conduct described above in Section 4.2
during the term of this Agreement, the Employer has the exclusive right to
discipline, up to and including discharge, any employee who engages or participates
in such activities.
Section 4.5 Union Responsibility. The Union and its officers, agents, and members
will not authorize, condone, ratify, permit, sanction or acquiesce in any of the activities
described above in Section 4.2 of this Article and, should any such activities occur,
the Union, by its officers, agents, and members, will be obligated to take affirmative steps
to terminate such activities including but not limited to promptly ordering its members to
resume their normal work duties, notwithstanding the existence of any picket line.
Should the Employer experience any economic loss as a consequence of any Union
representative or member engaging in any activity prohibited in Section 4.2 of this
Article, the Union will indemnify the City of Dublin for its economic loss.
ARTICLE 5
NONDISCRIMINATION
Section 5.1 Joint Pledge. The provisions of this Agreement will be applied equally to all
employees without regard to age, sex, sexual orientation, gender identity, genetic
information, race, color, religion, political affiliation, disability, pregnancy, ancestry, marital
status, national origin, military, or veteran status. The City and the Union agree to work
jointly to maintain a culture within the bargaining unit free from discrimination and to
promote equal employment opportunity in the application of this Agreement. The City and
the Union further agree that the provisions of Administrative Order 2.66 will govern all
reporting, investigatory and disciplinary procedures pertaining to allegations of
discrimination and or harassment. Any such investigation or disciplinary procedure may
run concurrently with the grievance procedure as outlined in Article 9.
Section 5.2 Gender Reference. All reference to employees in the Agreement
designates both sexes, and whenever the male gender is used, it will be construed to
3
include male and female employees.
F-11 IA i Is], Z.
lu/_10/_Cc]4u14011d0 N:11K
Section 6.1 Manaaement Riahts. To assure that the City (Employer) continues to
perform its legal duties to the public and to maintain efficient and responsive service for
and protection to the citizens of the City of Dublin, the City retains the right to determine
Departmental, Divisional, and City policies and procedures to manage the affairs of the
City in all respects. References to Departments or Divisions refer to the entities within the
City employing employees in the bargaining unit covered by this Agreement. Except where
otherwise specifically limited by this Agreement, the City retains the right and responsibility
to:
A. Determine the size and composition of the work force, the organizational
structure of the City and the methods by which operations are to be performed by
City employees.
B. Manage the City's budgets, including but not limited to the right to contract or
subcontract any work or operations of the City. However, the City will bargain over
the effects, if any exist, of the decision to contract or subcontract out work.
C. Determine the nature, extent, type, quality, and level of services to be provided to
the public by the City and the manner in which those services will be provided.
D. Determine, change, maintain, reduce, alter, or abolish the technology, equipment,
tools, processes, or materials the City's employees will use.
E. Determine job descriptions, procedures, and standards for recruiting, selecting,
hiring, training, and promoting employees.
F. Assign work, subcontract or contract out work, establish and/or change working
hours, schedules, and assignments as deemed necessary by the City to assure
efficient City, Departmental or Divisional operations.
G. Direct and supervise employees and establish and/or modify performance
programs and standards, methods, rules and regulations, and policies and
procedures applicable to the City's employees.
H. Hire, evaluate, promote, retain, transfer (permanently or temporarily), assign
(permanently or temporarily) employees.
I. Discharge, remove, demote, reduce, suspend, reprimand, or otherwise discipline
employees for cause.
I Lay-off employees, because of lack of work or funds or under circumstances
where continued work would not be cost efficient, reasonable or effective.
K. Determine matters of inherent managerial policy, which include, but are not limited
to, areas of discretion or policy such as the functions and programs of the City,
standards of services, its overall budget, utilization of technology, and organizational
structure.
L. Maintain and improve the efficiency and effectiveness of the City's operations.
M. Determine the overall methods, processes, means, or personnel by which the City's
operations are to be conducted.
N. Determine the adequacy of the work force.
O. Determine the overall mission of the City.
P. Effectively manage the work force.
Q. Take actions to carry out the mission of the City.
The rights and powers of the City (Employer) contained in this Article do not list or limit
all powers, and the rights listed together with all other rights, powers, and
prerogatives of the City, not specifically limited in this Agreement, remain vested
exclusively in the City.
ARTICLE 7
LABOR/MANAGEMENT MEETINGS
Section 7.1 Meetings. In the interest of sound labor/management relations, upon request
of either party, at a mutually agreeable date and time, not more than seven (7)
representatives of the Employer will meet with not more than seven (7) representatives of
the bargaining unit to discuss pending issues and/or problems and to promote a more
harmonious labor/management relationship.
An agenda will be exchanged by the parties at least five (5) working days in advance of
the scheduled meeting with a list of matters to be taken up in the meeting and the names
of those representatives from each side who will be attending. All matters on the agenda
requested by the parties to be discussed, will be discussed. The purpose of such meeting
will be to:
A. Discuss the administration of this Contract.
B. Discuss grievances which have been processed beyond the final Step of the
Grievance Procedure, when such discussions are mutually agreed to by the
parties.
C. Discuss any pending items related to civil rights issues.
D. Disseminate general information of interest to the parties.
E. Consider and discuss health and safety matters relating to employees.
5
F. Discuss any other items the parties mutually agree to discuss.
ARTICLE 8
11-7_1110_110110 [d1101 t 91-111`9101 *fit
Section 8.1 Unit Officials. The bargaining unit is authorized to select five (5) Unit
Grievers and one (1) Unit Chairperson to conduct bargaining unit business. One Unit
Griever will serve employees in each of the following areas: Facilities Management, Park
Operations, Custodial, Street & Utilities Operations, Fleet and Electrical. The Unit
Grievers and Unit Chairperson, upon giving reasonable advanced notice, and upon
receiving authorization from the applicable Division Director, will be allowed reasonable
time off during regular working hours, not to exceed 12 hours per month, to investigate a
grievance, consult with the Employer in addressing labor/management issues or in
processing a grievance, or to assist in the settlement of a dispute. The applicable Division
Director may authorize additional time if the Union presents proper justification supporting
the need for such time. Permission to perform these functions will not be unreasonably
denied.
Section 8.2 Negotiating Committee. On days where collective bargaining negotiations
between the Union and the Employer actually take place, not more than six (6) duly elected
representatives from the bargaining unit, consisting of the five (5) Unit Grievers and the
one (1) Unit Chairperson, will be released from their regular job functions to attend such
negotiation sessions, provided, however, that such attendance does not take any shift
below minimum staffing levels (as determined by the applicable Department Directors)
nor create an overtime obligation to the City. The Union will notify the Employer of the
names of the representatives who will be serving on the negotiation team prior to the first
negotiation meeting. Members of the Union negotiation team, as reported by the Union
to the Employer, will each receive sixteen (16) hours per month of release time with pay
to attend private work sessions of the Union negotiation team, beginning no earlier than
four (4) months prior to the expiration of the existing Agreement. No overtime obligation
will be incurred by the City as a result of any bargaining unit member attending work
sessions or any other sessions related to negotiations.
Section 8.3 Bargaining Unit Leadership Training. Each Unit Griever and the Unit
Chairperson will receive five (5) days of release time with pay per year to attend
special leadership training sponsored by the Union. Furthermore, each Unit Griever and
the Unit Chairperson will also be allowed an additional five (5) days of unpaid leave per
year, with no loss in seniority, for the same purpose. The Unit Grievers and Unit
Chairperson will give their supervisors no fewer than 15 calendar days advanced notice
when attending such training.
ARTICLE 9
GRIEVANCE PROCEDURE
Section 9.1 Definition/Jurisdiction. The term "grievance" will mean an allegation by
the Union that there has been a breach, misinterpretation, or improper application of this
Agreement. The grievance procedure will not be used to affect changes in the Articles of
this Agreement nor those matters not covered by the Agreement. The grievance
procedure will be the sole and exclusive remedy for resolving disputes between the
parties. Grievances pertaining to suspension, removal, or termination will automatically
commence at Step 3 of the Grievance Procedure, and are subject to Step 4, Arbitration.
The only recourse for a suspension or termination is through the Grievance Procedure;
no recourse will be pursued through any other administrative procedure or board of
review.
Section 9.2 Oualifications. If the designated Employer representative fails to answer a
grievance or set or hold a meeting within the time limits prescribed by this Article, the
grievance will automatically move to the next step except that the Union must serve an
appeal to arbitration within the time limits prescribed in Section 9.5, even if no response
or answer from the Employer is forthcoming. If the Union fails to appeal or submit a
grievance to the next step within the time limits prescribed herein, it will be deemed denied
and not further appealable. The time limits set forth in this Agreement may be extended
by mutual written agreement of the parties. A grievance may be brought by any employee
(with the Union's consent) covered by this Agreement with the appropriate Unit Griever.
Where a group of bargaining unit employees desires to file a grievance involving an incident
affecting several employees in the same matter, one employee will be selected by the
group to process the grievance with the appropriate Unit Griever. Each employee to be
included in such grievance will be named in the grievance.
Any grievance that originates from a level above the first step of the grievance
procedure may be submitted directly to the step or level from which it originates by
mutual agreement of the parties.
Section 9.3 Timeliness. All grievances must be initially timely filed by the Union
pursuant to the time limits set forth in Section 9.5, Step 1. Failure to file a grievance in a
timely fashion will result in its denial and will bar the grievance from being processed
further through the procedure. The Union may withdraw a grievance at any point by
submitting in writing a statement to that effect, or by permitting the time requirements
at any step to lapse without further appeal.
Section 9.4 Grievance Form. All grievances will contain the following information and
will be filed using the grievance form mutually agreed upon by both parties:
A. The aggrieved employee's name and signature;
B. The aggrieved employee's classification;
C. Date grievance was filed in writing;
7
D. Date, time, location, and witnesses when possible, where the incident or action upon
which the grievance is based occurred;
E. A description of the incident or action giving rise to the grievance;
F. Articles and sections of the Agreement violated and an explanation of how they were
violated;
G. Desired remedy to resolve the grievance. The remedy, if granted, will not exceed
that listed on the grievance.
Amendments to a grievance will not be made, other than by mutual agreement of the
parties once a request for Arbitration has been submitted.
Section 9.5 Grievance Procedure. It is the mutual desire of the Employer and the Union
to provide for prompt adjustment of grievances whereby employees can be assured of
prompt, impartial and fair processing of their grievances without reprisals and with a
minimum amount of interruption of the work schedule. The Employer and the Union agree
to make a reasonable effort to effect the resolution of grievances at the earliest step
possible. In furtherance of this objective, the following procedure will be followed:
Preliminary Step: A member having an alleged grievance or complaint regarding the
administration or application of the contract must first attempt to resolve the issue
informally with their supervisor at the time of the incident giving rise to the complaint. At
this meeting the Union Griever and a human resource representative may be present along
with the employee and the supervisor. Any resolution to the issue must be reduced to
writing. If the employee wishes to pursue the matter further, the issue will be reduced to
writing and filed at Step 1 of the formal grievance procedure.
Step 1 — Division Director. The intent of Step 1 is to enable the applicable Division
Director to address grievances originating in the respective work units under their
direction. In order for an alleged grievance to receive consideration under this procedure,
the grievant, either alone or with the appropriate Unit Griever, if the former desires, or
the Union in cases of policy or class action grievances, must identify, in writing, signed by
the grievant and/or the Unit Griever, the alleged grievance to the affected employee's
respective Division Director within ten (10) working days after the employee or the Union
gains knowledge of the occurrence or facts that gave rise to the grievance. The grievance
will identify the particular Articles and Sections of the Agreement that were alleged to have
been violated. The respective Division Director will investigate and provide an appropriate
answer in writing within ten (10) working days following the date on which the Division
Director was presented the written grievance. If the grievance involves the employee's
Division Director, the grievance may be filed directly at Step 2 of the grievance procedure.
Step 2 — Department Director. If the grievance is not resolved at Step 1, the
appropriate Unit Representative may forward the grievance to the appropriate Department
Director within ten (10) working days after receiving the Step 1 answer. The Department
Director will have ten (10) working days in which to schedule a meeting with the aggrieved
employee, the Unit Griever, the Unit Chairperson, and a USW representative. The
Department Director will investigate and respond in writing to the grievance within ten
(10) working days following the Step 2 meeting.
Step 3 - City Manager or Designee. If the grievance is not resolved at Step 2, the
appropriate Unit Representative may forward the grievance to the City Manager or their
designee within ten (10) working days after receiving the Step 2 answer. The City Manager
or their designee will have ten (10) working days in which to schedule a meeting with the
aggrieved employee, the Unit Griever, the Unit Chairperson, and a USW representative.
The City Manager or their designee will investigate and respond in writing to the grievance
within ten (10) working days following the Step 3 meeting.
Step 4 - Arbitration. If the grievance is not satisfactorily resolved at Step 3, the Union
may make a written request that the grievance be submitted to arbitration. A request for
arbitration by the Union must be submitted within thirty (30) calendar days following the
date the grievance was answered or should have been answered at Step 3 of the grievance
procedure. In the event that the grievance is not forwarded to arbitration by the Union
within the time limits prescribed, the grievance will be considered resolved as of the
Employer's third step response and will proceed no further.
If the Union wishes to proceed to arbitration and has filed a timely grievance, the
parties agree to the following procedure for arbitration:
Upon ratification of the contract the parties will mutually select three arbitrators to form
a panel to hear all grievances during the term of this agreement. The three names will
be listed alphabetically by last name and will hear cases on a rotating basis. If an arbitrator
for one reason or another drops off or is removed from the panel, the parties agree to
meet and mutually select a replacement within 30 calendar days.
If none of the arbitrators on the panel are available to hear a particular grievance
properly appealed to arbitration in a timely manner, the parties agree to request a list of
seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS).
In all cases the arbitrator will hold the arbitration hearing promptly and issue their
decision within thirty (30) calendar days after the closing of the record, unless mutually
agreed otherwise by the parties. The arbitrator will limit their decision strictly to the
interpretation, application, or enforcement of those specific articles and/or section of this
Agreement in question. The arbitrator will not have the authority to add to, subtract
from, modify, change, or alter any provision of this Agreement, nor add to or subtract from
or modify the language contained therein in rendering an award within the Arbitrator's
jurisdictional limitations. The award of the arbitrator will be final and binding upon both
parties.
The arbitrator's award and the arbitration proceedings identified in this Article are
subject to the relevant provisions of Chapter 2711 of the Ohio Revised Code.
Both the Union and the Employer will share equally in the cost of the Arbitrator's fee.
Expenses of any witnesses will be borne, if any, by the party calling the witnesses. The
fees of any court reporters will be paid by the party asking for same; such fees will be
E
split equally if both parties desire a court reporter's recording of the proceedings.
If a grievance is settled prior to a scheduled arbitration hearing, the parties will split the
cost of any cancellation fees.
An employee, Unit Griever, or Union officer requested to appear at the arbitration
hearing by either party, whose presence is necessary, will attend without the necessity of a
subpoena.
Section 9.6 Working Days. For the purposes of this Article, working days will typically
be defined as Monday through Friday and will exclude Saturday, Sunday, and recognized
holidays, except when a particular employee is regularly scheduled to work on days other
than Monday through Friday. Working days also mean the working days of the party who is
responsible for initiating action or responding to a grievance at the appropriate step in the
Grievance Procedure.
F-11 IA i to] 1141 to]
WORK RULES
Section 10.1 Work Rules. The Employer agrees that, to the extent reasonable, work rules,
and any changes thereto, will be reduced to writing and provided to all employees
in advance of their enforcement. Any charge by an employee that a work rule or
Departmental/Divisional directive is in violation of this Agreement or has not been applied
or interpreted uniformly to all employees, will be a proper subject for a grievance.
ARTICLE 11
POLITICAL ACTIVITY
Section 11.1 Political Activity. In addition to other rights, as permissible by law:
A. An employee is permitted outside the City of Dublin to actively participate in
partisan political activity, provided that an employee undertakes such activity while
off-duty, not in identifiable uniform, and does not represent that such activity is
either undertaken in their official capacity as an employee of the Employer or is
sanctioned by the Employer.
B. An employee is permitted within the City of Dublin to exercise their rights as a citizen
to express their personal opinions and to cast their vote. However, an employee
will not:
1. orally or in writing solicit or in any manner be concerned with soliciting any
assessment, subscription or contribution of any type for any political parry or
political purpose whatsoever from any person holding a position in the service
of the Employer;
2. make any contribution to the campaign funds of any candidate for a City of
Dublin elective office for the actual or apparent purpose of influencing said
persons or receiving favors of any nature from said persons; and,
3. become actively involved in the elective process or campaigns for any City
of Dublin elective office.
ARTICLE 12
1101 7_1401010/_1[Yd:J40101C
Section 12.1 New Hires. Every newly hired employee will be required to successfully
complete a probationary period, which will begin on the employee's effective date of
appointment with the Employer and will continue for a period of one hundred eighty (180)
calendar days. A probationary employee will be retained beyond the end of the probationary
period and granted regular status only if the performance of the employee, in the sole
discretion of the City Manager, has been found to be satisfactory. A probationary employee
may be disciplined or terminated any time during their probationary period and will have no
recourse through the Grievance Procedure contained within this Agreement. Under certain
circumstances, the probationary period of an employee may be extended, but only for valid
reasons, only upon approval of the City Manager, and then only for a maximum of sixty-five
(65) calendar days. If the probationary employee's probationary period should indeed be
extended, and the employee is subsequently disciplined or terminated, the probationary
employee will have no recourse through the Grievance Procedure.
Section 12.2 Promotions. Should an employee be promoted to a different job
classification within the bargaining unit, with a higher pay range, the employee will serve
a thirty (30) day probationary period. Under certain circumstances, the probationary
period may be extended, but only for valid reasons, only upon the approval of the
City Manager, and then only for a maximum of sixty-five (65) calendar days. Should the
employee be disciplined at any level up to but not including termination of employment
or deemed unsuitable for that position by the City during the initial thirty (30) day
probationary period, for performance reasons, the employee will be returned to a position
in the classification they occupied prior to the promotion.
Section 12.3 Lateral Transfers. Should an employee be transferred to a position within
any job classification, with the same pay range, the employee will serve a thirty (30) day
trial period. During the trial period, the employee or supervisor may effectuate a return
to position occupied prior to the transfer. Under certain circumstances, the trial period
may be extended, but only for valid reasons, only upon the approval of the supervisor, and
then only for a maximum of sixty-five (65) calendar days.
Section 12.4 New Hire Orientation. The Union will be allowed 1 hour of time with all
new hires in the bargaining unit to cover the contract and union representation. Union
Representation performing the new hire orientation will do so pursuant to 30.1 E.
/_11A 0 to] 1141 119?
EMPLOYEE ASSISTANCE PROGRAM
Section 13.1 Employee Assistance. The Employer and the Union recognize that a wide
range of personal difficulties/problems in the lives of employees may affect work
11
performance and that most personal difficulties/problems can be successfully resolved
provided they are identified and referred to an appropriate source of assistance. The
Employer and the Union therefore agree that it would be in the best interest of the
Employer, its employees, and employees' immediate family members that a formal
Employee Assistance Program ("EAP') be provided by the Employer to assist employees
and said family members in dealing with a wide range of personal difficulties/problems.
The Employer and the Union recognize that this range of personal difficulties/problems
may include mental, emotional, financial, family, marital, employment-related stress, drug
abuse, alcoholism, legal, elder care/aging, spiritual, career, illness/disability, or other such
difficulties/problems. The purpose of the EAP will be to help employees and members of
their immediate families deal with the kinds of difficulties and problems identified above by
linking them with resources that can provide appropriate help; to reduce job performance
problems; and to retain valued employees. When an employee or a member of their
immediate family is experiencing a problem, whether or not such a problem affects the
employee's job performance, the employee and/or immediate family members are
strongly encouraged to seek assistance through the EAP.
Section 13.2 Coverage Terms and Conditions. Under the coverage terms of the EAP,
employees and/or members of their immediate families will each be entitled to unlimited
assessment and referral and a maximum of six (6) sessions per problem, at no cost to the
employee or family member, for problems amenable to short term counseling
intervention. Employees and/or family members are encouraged to access available
benefits, as provided by the Employer's medical benefits program, for
counseling/treatment beyond the six (6) session limit.
Section 13.3 Other Terms and Conditions. The Employer and the Union agree that:
A. Participation in the EAP will be voluntary, except where the completion of an EAP
is required to satisfy the conditions of an imposed disciplinary measure or an
agreement to complete an EAP in lieu of discipline. 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 will receive an offer of assistance
to help resolve such problems in an effective and confidential manner by the
EAP provider consistent with federal and state law. No information concerning the
nature of individual personal problems will be released without proper written
consent.
C. Nothing in this Article of this Agreement will be interpreted as constituting a
waiver of the Employer's responsibility to maintain discipline or its right to take
appropriate disciplinary action in accordance with established disciplinary
procedures. Normal Disciplinary procedures will remain unaltered and use of the
EAP will not alter the responsibility of employees to maintain an acceptable level of
performance or acceptable behavior/conduct.
D. EAP -related appointment scheduled during normal work hours will be scheduled
within the framework of the Employer's existing leave policies. Depending on
the circumstances involved, one or more forms of leave may be appropriate to
attend such appointments (i.e. Sick, Vacation, Compensatory Time, Personal,
etc.). 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, they are hereby advised that in providing a justifiable reason for
Sick Leave usage, they are 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, etc.), or seek to schedule EAP -related appointments
outside of normal work hours. Flexible appointment hours will 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 will refrain from diagnosing personal problems or
recommending specific solutions other than referral to the EAP. Supervisory
personal may direct the use of EAP as part of the disciplinary process, but may only
receive information pertaining to attendance of sessions and completion of the
EAP.
F. Supervisory training is critical to the success of the EAP. In that regard, the
Employer will provide supervisory training, to be scheduled at the discretion of the
Employer, to enhance the knowledge of supervisory personnel concerning the
proper methods to be used when dealing with an employee who is experiencing
personal or work-related problems.
G. The Employer will reserve the right to contract, at its sole discretion, with the
company/organization of its choice that will, in the judgement of the Employer,
provide the most cost- effective, meaningful, and responsive service to the Employer
and its employees.
ARTICLE 14
DRUG AND ALCOHOL USE IN THE WORKPLACE
Section 14.1 Purpose. In the interest of maintaining a safe and productive working
environment for all City employees, protecting the public health, safety, and welfare,
upholding the public confidence in the work performed by City employees, and
upholding the organizational image/reputation of the City, the Employer and the Union
hereby agree that the use of alcohol and illegal drugs in the workplace are a danger to
us all. They impair health, safety and welfare, promote crime, lower productivity and
quality, and undermine the public confidence in the work we perform as public servants.
Therefore, the Employer and the Union will not tolerate the illegal use or illegal presence
of drugs and alcohol in the workplace.
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In addition, the Employer and the Union understand that, pursuant to the federal Drug -
Free Workplace Act, in order for the Employer to be considered as a recipient for federal
grants, it must comply with several requirements mandated by the Act. One of these
requirements mandates that the Employer publish a policy prohibiting the illegal presence
of controlled drugs in the workplace and that this policy be distributed to all employees.
In addition, the Act requires the Employer to verify that all employees have agreed to
abide by the policy as a condition of continued employment.
The purpose of this Article is to publish a formal policy regarding the illegal use of drugs
and the use of alcohol in the workplace, to notify bargaining unit employees of the
consequences of illegal use, possession, distribution, manufacture, etc. of controlled
and/or abuse of prescription drugs and alcohol in the workplace; to institute a drug
awareness program for bargaining unit employees, and to notify employees of the types
of rehabilitative help that may be offered by the Employer. This Article will be applicable
to all employees of the bargaining unit and the bargaining unit hereby understands that
this Article will be strictly enforced by all supervisory personnel.
Section 14.2 Policy. The Employer and the Union hereby agree that any location at which
its business is conducted is hereby declared to be a DRUG AND ALCOHOL -FREE
WORKPLACE. This means that all employees, including supervisory personnel, are
absolutely prohibited from unlawfully manufacturing, distributing, dispensing,
possessing, or using controlled substances or alcohol in the workplace. Reporting for work
while under the influence of illegal drugs and/or alcohol, or with any residual effects
from illegal drug and/or alcohol use, (e.g. impaired judgment, sickness, impaired
reflexes, etc.) is likewise prohibited. For purposes of this policy, an employee is considered
to be "under the influence" of a drug or controlled substance, or alcohol when any amount
of such substances (or any of its metabolites) is found to be present in the employee at or
above the lowest recognized scientific standard utilized by the laboratory selected by the
Employer for evaluating the presence of such substances in the system.
The Union hereby understands that any building, facility, structure, property, etc., or the
contents thereof (i.e. employee lockers, offices, desks, etc.), owned or leased by the
Employer will be subject to unannounced inspection at any time by appropriate
supervisory personnel and Employer officials.
The following constitutes a partial list of controlled substances: (For a more detailed listing
and explanation of controlled substances, please consult the attached listing entitled
"Controlled Substances - Uses & Effects.")
• Narcotics (heroin, morphine, etc.)
• Cannabis (marijuana, hashish)
• Stimulants (cocaine, diet pills, etc.)
• Depressants (tranquilizers)
• Hallucinogens (PCP, LSD, "designer drugs", etc.)
The Union understands that compliance with this policy will be strictly enforced and will
be a condition of continued employment. The Union also understands that any employee
violating this policy will be subject to appropriate disciplinary action which may include
suspension or dismissal.
The Union hereby understands that they may also be subject to appropriate
disciplinary action for engaging in off duty, illegal conduct/behavior unbecoming a City
employee emanating from the use of illegal drugs or alcohol which detracts from the image
or reputation of the City as an organization or which erodes the public confidence
in the City as an organization (e.g. disorderly conduct, assault, fighting, criminal menacing,
disturbing the peace, OMVI, etc., or other criminal acts).
Section 14.3 Drug and Alcohol Awareness & Employee Assistance. Bargaining unit
employees have a right to know the dangers of the use and abuse of drugs and alcohol
in the workplace, the policy regarding such drug abuse, and what help is available to
combat drug problems. This Section of this Agreement is intended to address this
matter.
The Employer agrees to offer an awareness program for all bargaining unit employees on
the dangers of drug abuse in the workplace. Posters, brochures, and appropriate guest
speakers at periodic group meetings will communicate information to employees.
In addition, to assist employees in overcoming drug abuse problems, the Employer will
offer the following rehabilitative help where applicable:
• Medical benefits for drug -abuse treatment
• Information about community resources for assessment and treatment
• Employee Assistance Program
The Union hereby understands that where rehabilitative assistance is offered by the
Employer and agreed to by the employee, failure of the employee to adhere to conditions
with regard to the rehabilitative program may result in appropriate disciplinary action
including suspension or dismissal.
Medical benefits for drug abuse treatment, as mentioned above, will be limited to those
covered by the Employer's medical plan. (For further information on the medical benefits
for drug and alcohol abuse treatment, refer to the City of Dublin "Summary Plan
Description (SPD). ")
Section 14.4 Supervisory Training. The Employer also agrees to provide supervisory
training to assist supervisors in identifying the problems associated with illegal drug use
and alcohol abuse by employees. All supervisors will receive at least two (2) hours of
initial skill -building and information sharing sessions, with at least one (1) hour of training
occurring within six (6) weeks of a current employee becoming a supervisor or from the date
of hire of a supervisor. In subsequent years, supervisors who have already received two
(2) hours of initial training, will receive two (2) hours of additional training biannually to
serve as a refresher and address new concerns.
The training will cover the following subjects:
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A. The physical, behavioral, and the performance indicators of drug and alcohol
use/abuse;
B. The effects of drug and alcohol use/abuse;
C. Recognizing performance deficiencies caused by drug and alcohol use/abuse;
D. Confronting employees with suspected drug and alcohol use/abuse.
Section 14.5 Non -Supervisor Training. The Employer will also provide non -
supervisory employee training regarding substance or alcohol abuse issues and
information about the City's employee assistance program (EAP). All non -supervisory
employees will receive at least 1 hour of educational awareness initially on substance abuse
issues and bi-annually thereafter.
Section 14.6 Criminal Convictions & Notification Reouirement. The Union hereby
understands that pursuant to the provisions of the Drug -Free Workplace Act, any
employee convicted of violating a criminal drug statute in this workplace must inform
the Employer of such conviction (including pleas of guilty and nolo contendere) within five
(5) days of the conviction occurring. Failure to inform the Employer will subject the
employee to appropriate disciplinary action including suspension or dismissal.
The Employer reserves the right to offer employees convicted of violating a criminal drug
statute in the workplace, participation in an approved rehabilitation or drug abuse assistance
program. If such a program is offered, and accepted by the employee, then the employee
must adhere to conditions with regard to the rehabilitation as a condition of continued
employment.
ARTICLE 15
14L N 110YI4 4 97 C111C111,T111ICd•]:101 a 11 *1010 M:J 1101d [L1 u I
Section 15.1 Purpose of Testing. In the interest of maintaining a safe and
productive working environment for all City employees, establishing a standard of
conduct for City employees, protecting the public health, safety, and welfare, upholding
the public confidence in the work performed by City employees, and upholding the
organizational image/reputation of the City, the Employer and the Union hereby agree that
employee drug and alcohol testing should be addressed within this Agreement. In that
regard, the purpose of this Article is to establish the terms, conditions and procedures
regarding the drug and alcohol testing of bargaining unit members.
Section 15.2 Terms and Conditions of Testing. The Employer and the Union hereby
agree that all bargaining unit members, as a condition of this Agreement, will be required
to submit, upon request, to a urinalysis, breath test, and/or blood test to detect the
presence of illegal drugs or alcohol in their systems under the following circumstances:
A. When the Employer has reasonable suspicion to believe that an employee is under
the influence of illegal drugs or alcohol while on the Employer's premises or
conducting the Employer's business.
B. Following a work related accident or safety violation.
Employees who are directed to submit to testing will be required to sign a consent form,
the form of which will be developed by the Director of Human Resources, which will include
consent that notice of the test results will be released to the Director of Human Resources,
or in their absence, the City Manager.
The Employer and the Union hereby agree that if employees of the bargaining unit are
required to submit to testing, failure or refusal to submit to the testing may result in
appropriate disciplinary action, which may include suspension or dismissal. The actual
discipline to be imposed will take into consideration all facts and circumstances including
the expressed reasons for the employee's refusal, the need for the testing, the employee's
desire for rehabilitation, and the employee's job performance.
Employees who have been found, through the testing procedures identified in Section 15.3
below, to have been under the influence of drugs or alcohol, or who have engaged in
conduct which obstructs the testing procedures (i.e. the use of masking agents or other
products to adulterate or dilute specimens), will not be paid for the time they are off work
awaiting the testing results, and will be subject to appropriate disciplinary action including
suspension or dismissal.
Section 15.3 Drug and Alcohol Testing Procedures. Drug and Alcohol testing will
be conducted in the following manner:
A. When circumstances arise which require drug and/or alcohol testing, the
Director will contact the Director of Human Resources or, in their absence, their
designee, to obtain approval for testing. Should disagreement exist between the
employee's supervisor or Director and the Director of Human Resources, or their
designee, regarding whether or not to proceed with testing, the City Manager
will make the final determination. Upon receiving approval to proceed with testing,
the supervisor will escort the employee to a designated D.H.H.S. (Department of
Health and Human Services) certified laboratory. After specimen collection, the
employee will be escorted home, except in the case of post -accident testing. In the
case of post -accident testing, the employee will return to work following specimen
collection, to a role deemed safe for the employee and other employees, unless
otherwise restricted by a physician. (In circumstances involving "post -accident"
testing, where the employee requires off-site medical attention, the testing
procedure will be initiated after proper medical attention has been rendered. In the
event the employee is hospitalized, testing will be accomplished by blood within the
hospital environment as soon as possible.)
B. In screening for the presence of drugs or alcohol, generally accepted screening
procedures will be used. Whenever an employee is required to provide urine or blood
for the screening procedure, the employee will be required to provide a split
specimen at the time of collection in order to facilitate the screening procedure.
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C. When screenings are performed, the threshold level for determination will be
established in accordance with generally accepted medical procedures and
existing laws or regulations.
D. In testing urine or blood specimens for the presence of illegal drugs and/or
alcohol, the first specimen will be submitted for testing to a certified laboratory. If
illegal drugs and/or alcohol are found in the first specimen, then that same
specimen will be submitted for further verification (confirmatory) testing. If both
initial and verification (confirmatory) tests are positive for an illegal drug and/or
alcohol, the Director of Human Resources, or their designee, will be notified by
the Medical Review Officer (MRO) at the certified laboratory. The Director of
Human Resources, or their designee, will in turn contact the employee.
E. The employee must then decide whether the second specimen provided at the initial
collection is to be further tested. If the employee so requests, then the second
specimen will be tested using a second certified laboratory.
F. If the employee does not request the screening of the second specimen after the
initial specimen tests positive, or if the employee does request the testing of the
second specimen and it also tests positive for an illegal drug or alcohol, appropriate
rehabilitative and/or disciplinary action will be taken, which may include suspension
or dismissal.
G. In the initial testing of the first blood/urine specimen provided at the time of
collection, should masking agents (e.g. Klear, Ur -n -luck, Zydot, etc.) be detected,
it will be considered as a "refusal to submit to testing" and the option to pursue
testing of the second specimen will be forfeited. The City will be so notified. Such
"refusal to submit to testing" will result in appropriate disciplinary action, including
suspension or dismissal.
H. In the testing of blood/urine specimens provided at time of collection, should a
"dilute negative" result be received by the City, the employee will be required to
repeat the testing procedure within 24 hours. The result of the second test will
then become the test of record. Should the employee decline to take the second
test, such refusal to submit to testing, will result in appropriate disciplinary action,
including suspension or dismissal. Should a "dilute positive" result be received by
the City on the first or second test, such result will be considered as a verified
positive test, which will result in appropriate disciplinary action, including suspension
or dismissal.
I. Should the Employer use breath alcohol testing as an alternate method to
blood/urine testing, all breath testing will be administered by a trained Breath
Alcohol Technician (BAT). In addition, only Evidential Breath Testing (EBT)
devices certified by the Federal Government will be used along with the
prescribed breath alcohol testing form.
J. In the administration of breath alcohol testing, an initial breath test will be
conducted via the Evidential Breath Testing (EBT) device. If the initial test results in
a reading of less than 0.02, the test will be recorded as "negative". If the initial test
results in a reading of 0.02 or greater, a confirmatory test will be administered. Prior
to the administration of a confirmatory test, there will be a 20-30 minute waiting
period to ensure that the presence of mouth alcohol from the recent use of food,
tobacco, or hygiene products does not artificially raise the test result. Should the
confirmatory test result be different from the initial test result, the confirmatory test
will be deemed the final result. A test result of 0.02 or greater on the confirmatory
test will result in appropriate disciplinary action, which may include suspension or
dismissal.
K. Following the receipt of drug and/or alcohol testing results by the City, the City will
advise the employee regarding their return to work.
Section 15.4 Referral To Employee Assistance Program. If the results of drug
and/or alcohol testing are positive, but do not warrant dismissal of the employee, a
referral to the Employee Assistance Program will be offered. Although employees will be
offered a referral through the Employee Assistance Program, they are still subject to
appropriate disciplinary action.
If an employee accepts a referral to the EAP for assessment, as a result of a positive drug
and/or alcohol test, they 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 will 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 16
USE OF PRESCRIPTION & "OVER-THE-COUNTER" MEDICATION
Section 16.1 Purpose. In the interest of maintaining a safe and productive working
environment for all City employees, establishing a standard of conduct for City
employees, protecting the public health, safety, and welfare, upholding the public
confidence in the work performed by City employees, and upholding the organizational
image/reputation of the City, the Employer and the Union hereby agree that use of
prescription and "over-the-counter" medication by employees should be addressed
within this Agreement. In that regard, the purpose of this Article is to establish terms and
conditions concerning the use of prescription and "over-the-counter" medication by
bargaining unit employees.
Section 16.2 General Terms & Conditions. In general, employees taking medication
legally prescribed by a physician, or purchased "over-the-counter", which may impair
the employee's judgment, job performance, and physical/mental capabilities, will
advise their immediate supervisors of the medication being used and the possible effects
(to the employee's knowledge) of such medication. Such notice should be given prior to
the employee commencing work. The City will provide the form for such purpose. When
19
an employee so notifies their supervisor, the supervisor will attempt to temporarily
reassign the employee to other duties, which can be performed, if such duties are
available. If such duties are not available, the supervisor will authorize Sick Leave for the
employee and/or FMLA if appropriate.
Section 16.3 Failure to Notify Supervisor. The Employer and the Union hereby agree
that if an employee works while taking medication legally prescribed by a physician,
or purchased "over-the-counter", which causes the type of effects as those previously
noted under Section 16.2, without notifying their supervisor, such employee will be subject
to the appropriate disciplinary action, if any, up to and including suspension or
discharge. The Union acknowledges that the Employer may become aware of the
presence of a legally prescribed or "over-the-counter" medication, referenced in
Section 16.2, as a result of a drug/alcohol test administered to the employee pursuant
to Articles 14, 15, and 16 of this Agreement.
ARTICLE 17
LAYOFFS
Section 17.1 Layoffs. Whenever there is a lack of work, a lack of funds, or other
circumstances exist where continued work would not be cost efficient, effective, or
reasonable, and such requires a reduction in the number of employees of the City, the City
Manager will determine the job classifications in which such reduction will be made and
the number to be laid off. Employees will be laid off at the time and in the number specified
by the City Manager in the inverse order of their seniority. Within the affected job
classifications, all temporary, seasonal, intermittent, casual, and part- time employees
would be laid off first, then full-time probationary employees, followed by full-time regular
employees. The City will make a good faith effort to discuss the need for the layoff as
much in advance of the proposed effective date as is reasonable under the circumstances.
All employees to be laid off under such a lay-off action will be provided forty-five (45) days
advanced notice by the City.
Section 17.2 Call-back. When employees are laid off as specified in Section 18.1, their
names will be placed on a Re-employment Eligibility List established by the Division
of Human Resources. When the work or financial situation permits, those employees
who have been laid off will be called back to work and reinstated to the job classification
they held before layoff with the same status and seniority as they had at the time of
layoff, in inverse order of their layoff, if they are available. If not available within fourteen
(14) calendar days of call-back notification, or if they decline an offer of re-employment,
or if they do not respond to the City within fourteen (14) calendar days of call-back
notification, their names will be removed from the Re- Employment Eligibility List. The
Re-employment Eligibility List will be valid for three (3) years from the date of original
creation unless said list is exhausted prior to the completion of the three (3) year time
frame due to the re-employmentof 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 w be provided to laid -off employees by
certified mail addressed to the last known mailing address of said laid -off employees. It
will be the responsibility of the laid -off employees to keep the Division of Human
Resources advised of their current mailing address.
ARTICLE 18
MISCELLANOUS
Section 18.1 Agreement Copies. As soon as is possible following the signing of this
Agreement, the Employer and the Union will have printed sufficient copies of this
Agreement. The actual cost of printing this Agreement, and any future printing beyond the
copies specified herein in an amountthe parties may later agree as necessary, will be shared
equally by the parties. The Union will be responsible for distribution of copies to current
members and the Employer will be responsible for distribution of copies to new members
who are hired during the term of this Agreement.
Section 18.2 Bulletin Boards. The City will provide reasonable space at the time clock
for one Union -provided bulletin board within the garage/shop/custodial worker areas
within the Division of Street & Utilities Operations, Division of Park Operations, Division
of Facilities Management and Division of Fleet Management. These bulletin boards will
be for the exclusive use of the Union to post notices and information related to Union affairs.
These boards will be maintained by the bargaining unit memberships and be kept in neat
order at all times. Should these boards fall into disarray, the City will notify the appropriate
Unit Representative and such Representative will ensure that the board(s) are restored
to proper order at their first opportunity. Non -bargaining unit personnel will not be
permitted to remove, add to, or alter Union material posted on these boards unless said
material contains obscene, racially/sexually offensive, other unlawful, or defamatory
information. A reasonable effort will be made by the Employer to contact a Union
representative prior to removing any material.
ARTICLE 19
SENIORITY
Section 19.1 Seniority. For purposes of this Agreement, "Seniority" will be defined as
total continuous service as a full-time employee of the bargaining unit. Seniority will begin
to accumulate on the date an individual becomes employed in a position within the
bargaining unit. Continuous service will reflect the uninterrupted service of an employee
as calculated by years/days of service. Continuous service will be interrupted only when
a "break in service" occurs. A "break in service" will occur in the following instances:
A. Resignation/Separation;
B. Removal/Dismissal;
C. Failure to return from an authorized leave of absence.
As established in Section 19.1 seniority will begin to accumulate on the date an
individual becomes employed in a position within the bargaining unit; however, should
more than one (1) individual be hired on the same day, seniority preference will be
21
determined by the individual's relative ranking in the selection process. An individual
with a higher ranking will always receive seniority preference over an individual with a
lower ranking.
A "break in service" will not occur if an employee is reinstated due to the disaffirmance of
removal or layoff. An employee who has a "break in service" and who is subsequently
rehired or reinstated will not receive continuous service credit for the time spent during
the "break in service"; however, the employee will receive continuous credit except for the
period of time in which the "break in service" occurred.
Electrical Workers employed on or before April 17, 2019 will be given union seniority
beginning February 1, 2019 plus any union seniority accrued while employed as a
bargaining unit member with the City of Dublin prior to February 1, 2019.
Section 19.2 Application of Seniority — Leave Reouests. "Seniority", as defined in
Section 19.1 above, will be the means for determining approval of Vacation and
Personal Leave requests when such leave requests are submitted simultaneously, to
the same supervisor, by two (2) or more employees of the bargaining unit for the
same period of time.
Section 19.3 Application of Seniority — Shift Vacancy and Position Vacancy.
Whenever a vacancy occurs in a full-time position, the following three step process will be
followed:
Step 1. The Division will post a "Shift Vacancy Announcement" for a minimum of ten
(10) calendar days to allow any interested employee presently serving in a full- time
position within the same work unit (Fleet Maintenance, Custodial Services, Park
Operations, Facilities Maintenance, Street and Utilities Operations, Sign Shop, and
Electrical), to apply for the position. The vacancy will be filled by seniority. Exceptions
to filling a position by seniority may be mutually agreed upon by both the Union and
the City. Any subsequent vacancies caused by trying to fill the initial advertised vacancy
will also be filled by seniority within the work unit. Once opportunities to fill the
vacancy(ies) within the work unit are exhausted, the last remaining vacancy may be filled
pursuant to Step 2 below. Employees presently in their original appointment probationary
period will not be eligible for vacant positions until after the conclusion of their probationary
period.
Step 2. In order to expedite the hiring process the City may post steps 2 and 3 concurrently.
The Division will post a "Position Vacancy Announcement" for a minimum of ten (10)
calendar days to allow any interested employee presently serving in a full-time position
within the Bargaining Unit to apply for the position.
The Division will identify, on the "Position Vacancy Announcement", the specialized
qualifications, knowledge, skills, and abilities required to successfully perform the duties
of the vacant position. In filling the position, the Division will give consideration to all
applicants who apply. The following criteria will be used in selecting an employee to
fill the position: job-related qualifications, knowledge, skills and abilities, work performance;
and seniority based upon time with the City of Dublin in a full-time regular position. Where
all applicants' qualifications, knowledge, skills, abilities and work performance are relatively
equal in the judgment of the hiring supervisor, seniority as previously defined will be the
deciding factor. If qualifications, knowledge, skills, abilities, work performance, and
seniority are equal, seniority preference will be determined by the individual's relative
ranking in the new hire selection process when first hired. The higher ranking will always
receive seniority preference. Should it not be possible to determine which candidate
ranked higher in the new hire selection process, one toss of a coin will be the determining
the factor. Employees presently in their original appointment probationary period will not
be eligible to compete for vacant positions until after the conclusion of their probationary
period. After the selection has been made, the employee will assume their new position
within sixty (60) days unless otherwise extended, for good reason, by the Division
Director. If no member of the Bargaining Unit is determined to be qualified to fill the
vacancy, Step 3 below will be followed.
Step 3. If no Bargaining Unit member is determined to be qualified, the position vacancy
will be filled externally.
ARTICLE 20
DISCIPLINE
Section 20.1 Discipline for Cause. No bargaining unit employee, who has
successfully completed their probationary period, will be disciplined without cause. Cause
may include, but is not limited to, the violation of City/Departmental/Divisional rules and
regulations, incompetency, inefficiency, dishonesty, drunkenness, immoral conduct,
insubordination, discourteous treatment, neglect of duty, absence without leave, any
conduct unbecoming an employee, any acts of misfeasance, malfeasance, or nonfeasance,
or any off-duty illegal conduct/behavior where there is a reasonable nexus to the
individual's employment with the City.
Section 20.2 Proaressive Discipline. The principles of progressive disciplinary action
will be followed with respect to minor offenses. For minor offenses, an oral reprimand,
a written reprimand, and a suspension without pay will be given prior to demotion or
dismissal.
The primary responsibility for the administration of discipline will rest with the appropriate
supervisory personnel over the employee to be disciplined, and such disciplinary action
may consist of any action which is appropriate to the offense, including, but not limited
to:
A. Informal, oral reprimand;
B. Formal, written reprimand;
C. Suspension from duty without pay; not to exceed five (5) days;
D. Any other action appropriate to the nature or severity of the offense;
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E. Dismissal.
Disciplinary action taken against an employee, which is other than in the nature of a minor
first offense warning, will be in writing and made a part of the employee's permanent
personnel file.
Section 20.3 Pre -Disciplinary Conference. Prior to the administration of disciplinary
action constituting a suspension without pay or dismissal, a Pre- Disciplinary Conference
will be held to give the employee an opportunity to offer an explanation regarding the
alleged offense/misconduct on their part. This Pre- Disciplinary Conference will take
place within 10 working days of completing an investigation of the incident in question
and the investigation will not be unreasonably delayed by either the Employer or the
employee. Nothing within this Section will preclude the Employer from relieving the
employee from duty if, in the judgment of the Employer, such action is necessary.
Section 20.4 Disciplinary Action Imposed. For offenses in which an oral or written
reprimand is being considered, the Employer's decision regarding whether or not to
impose disciplinary action will be made within 10 working days following the Employer
being made aware of the incident in question. If, however, the incident warrants, as
determined by management, the consideration of suspension without pay or dismissal, a
thorough investigation will be completed within a reasonable amount of time followed by
a Pre -Disciplinary Conference. The decision to impose discipline in this case will occur
within 10 working days of the conclusion of the Pre -Disciplinary Conference.
Section 20.5 Copy of Discipline Record. Whenever a disciplinary action is taken which
results in a disciplinary action of record (A. through E. in Section 20.2), the employee
and the Union will be given a copy of such record.
Section 20.6 Appeal. A bargaining unit employee (who has successfully completed their
probationary period), who feels aggrieved by the administration of discipline such as in A.
through E. of Section 20.2, may appeal such disciplinary action in accordance with the
Grievance Procedure in Article 9.
ARTICLE 21
PERSONNEL RECORDS
Section 21.1 Personnel File. One, and only one, official personnel file will be maintained
for each employee and will be in the custody of the Division of Human Resources. Personnel
files will only be maintained electronically. The personnel file will contain all the official
records of the City regarding an individual employee, with the exception of medical records,
which will be maintained in a separate file pursuant to applicable Federal and State Law and,
which will 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 will be considered. An
employee may access their file at any time during normal business hours or by computer at
any time. Anytime a document is placed in the employee's personnel file, the employee will
be forwarded a copy of such document, with the exception of selection records and materials
created prior to the employee's date of appointment (e.g. reference checks, criminal record
checks, interview appraisal forms, etc.); such selection records/materials will be made
available for inspection of the employee upon request to the Director of Human Resources,
or their designee. The confidentiality of matters contained in the personnel files will be the
responsibility of the Director of Human Resources who will release only such information
permitted by law and then only to those persons with a legitimate right to the information,
subject to the provisions of the Ohio Privacy Act, Ohio Public Records Act, or other applicable
Federal or State Law. In the event a legitimate request is made to inspect or obtain copies
of records from an employee's ,personnel file, the City will make a reasonable attempt to
notify the employee that such a request has been made.
Section 21.2 Retention of Records. All actions of record, including appointment,
evaluations, promotions, counseling statements, reprimands, dismissals, suspensions, will
be maintained in each employee's personnel file throughout the period of employment.
Record of counseling statements or documented oral reprimands will not be considered
for purposes of future disciplinary action more than six (6) months after issuance provided
that no repeated offense(s) of a same or similar nature have occurred within said six
(6) month period following issuance. Record of written reprimands will not be considered
for purposes of future disciplinary action more than one (1) year after issuance provided
that no repeat offense(s) of a same or similar nature have occurred within said (1) year
period following issuance. Suspensions of less than thirty (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.
In the event that a repeated offense(s) of a same or similar nature occurs during the
appropriate time frame(s), the initial disciplinary action will 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 21.3 Inaccurate Documents. If, upon examining their personnel file, an
employee has reason to believe that there are inaccuracies in documents contained
therein, the employee may write a memorandum to the Director of Human Resources
explaining the alleged inaccuracy. If the Director of Human Resources concurs with the
employee's contentions, they will either correct or remove the faulty document or attach
the employee's memorandum to the document and note thereon the concurrence with
the memorandum. The Director of Human Resources may also attach the memorandum
to the document and note their disagreement with memorandum's contents.
ARTICLE 22
RATES OF PAY/WAGES
Section 22.1 Waae Structure. Effective September 1, 2019 to December 31, 2020 the
wage structure depicted below will be in place for each of the job classification identified
below. There are two methods by which employees will receive pay increases; anniversary
date of hire and the annual increases in the pay table which go into effect on January 1 of
each year, depicted below. Employees will move to the next step on the pay table on their
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anniversary date of hire under the appropriate year column for whatever the current year
may be. All employees move to the next column representing the current year on January
1. All new employees, regardless of start date will enter these tables at Step 1 for the
year in which they are hired, unless approved for an advanced step per Section 22.2 of
this article.
Section 22.2 Appointment and Advanced Step Hiring. The City Manager, when
making appointments to either the Maintenance Worker, Fleet Technician I, Custodial
Worker or Electrical Worker classifications, is 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 Maintenance Worker, Fleet Technician I, Custodial Worker or
Electrical Worker classifications, advancement to successive steps within the wage
structure will occur annually on the employee's anniversary date of appointment.
Section 22.4 Application of Pay Rates. The rates of pay set forth in Section 22.1 will
be used to calculate wages for hours in paid status for the appropriate step. "Paid Status"
will include all hours in approved paid leave including vacation, injury, military (active duty),
personal, compensatory time, sick leave, etc.
Section 22.5 Longevity Pay. In addition to the other types of compensation identified
in Section 22.1, all employees will receive a longevity payment based upon completed
years of service with the City according to the following schedule. In order to be eligible
for the longevity payment, the employee must be in an active status on the anniversary
date of the employee's appointment.
Maintenance Worker
nnual Base Wage
Rates Jan
1 -Dec 31-
1 -Dec 31
2.000/0
TBD
TBD
Step
2019 2020
2021
2022
1
21.4540 21.88
$22.2022 $22.65
2
22.7061 23.16
$23.5021 $23.97
3
23.9538 24.43
$24.8021 $25.30
4
25.2105 25.71
$26.1020 $26.62
5
26.4627 26.99
$27.4020 $27.95
6
27.7149 28.27
$28.7019 $29.28
7
28.967029.55
$30.0019 1$30.60
8
30.2192 30.82
$31.3019 1$31.93
Electrical Worker
Custodial Worker
nnual Base Wage
Rates Jan
1 -Dec 31
1 -Dec 31
2.000/0
TBD
TBD
Step
2019 2020
2021
2022
1
21.8281 22.26
2022
1
2
23.1041 23.57
3
24.3802 24.87
$18.26
4
25.6562 26.17
$18.8797
$19.26
5
26.9324 27.47
4
$19.8887
6
28.2084 28.77
5
7P29.4845
30.07
8
30.7605 31.38
$22.40
Section 22.2 Appointment and Advanced Step Hiring. The City Manager, when
making appointments to either the Maintenance Worker, Fleet Technician I, Custodial
Worker or Electrical Worker classifications, is 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 Maintenance Worker, Fleet Technician I, Custodial Worker or
Electrical Worker classifications, advancement to successive steps within the wage
structure will occur annually on the employee's anniversary date of appointment.
Section 22.4 Application of Pay Rates. The rates of pay set forth in Section 22.1 will
be used to calculate wages for hours in paid status for the appropriate step. "Paid Status"
will include all hours in approved paid leave including vacation, injury, military (active duty),
personal, compensatory time, sick leave, etc.
Section 22.5 Longevity Pay. In addition to the other types of compensation identified
in Section 22.1, all employees will receive a longevity payment based upon completed
years of service with the City according to the following schedule. In order to be eligible
for the longevity payment, the employee must be in an active status on the anniversary
date of the employee's appointment.
Fleet Technician I
Annual Base Wage
Rates Jan
1 -Dec 31
2.00%
TBD
TBD
Step
2019 2020
2021
2022
1
$22.2022 $22.65
2
$23.5021 $23.97
3
$24.8021 $25.30
4
$26.1020 $26.62
5
$27.4020 $27.95
6
$28.7019 $29.28
7
$30.0019 1$30.60
8
$31.3019 1$31.93
Custodial Worker
Annual Base Wage
Rates Jan
1 -Dec 31
2.00%
TBD
TBD
Step
2019
2020
2021
2022
1
$16.7306
$17.07
2
$17.8981
$18.26
3
$18.8797
$19.26
4
$19.8887
$20.29
5
$20.9250
$21.34
6
$21.9613
$22.40
7
$22.8335
$23.29
8
1$23.6511
1$24.12
Section 22.2 Appointment and Advanced Step Hiring. The City Manager, when
making appointments to either the Maintenance Worker, Fleet Technician I, Custodial
Worker or Electrical Worker classifications, is 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 Maintenance Worker, Fleet Technician I, Custodial Worker or
Electrical Worker classifications, advancement to successive steps within the wage
structure will occur annually on the employee's anniversary date of appointment.
Section 22.4 Application of Pay Rates. The rates of pay set forth in Section 22.1 will
be used to calculate wages for hours in paid status for the appropriate step. "Paid Status"
will include all hours in approved paid leave including vacation, injury, military (active duty),
personal, compensatory time, sick leave, etc.
Section 22.5 Longevity Pay. In addition to the other types of compensation identified
in Section 22.1, all employees will receive a longevity payment based upon completed
years of service with the City according to the following schedule. In order to be eligible
for the longevity payment, the employee must be in an active status on the anniversary
date of the employee's appointment.
The following schedule will be effective September 1, 2019:
Completed Years of Service
With the City of Dublin
Four (4) through six (6) years
Seven (7) through ten (10) years
Eleven (11) through fourteen (14) years
Fifteen (15) through nineteen (19) years
Twenty (20) or more years
Amount
$950.00
$1150.00
$1450.00
$1700.00
$1900.00
Longevity pay will appear in the paychecks for the pay period in which the employee's
anniversary date of appointment falls. The employee will be paid in one (1) lump sum in
the form of a regular paycheck for that given pay period which will be taxed at the
employee's W-4 rate.
Should an employee be on Leave Without Pay for more than six (6) months within a
particular year during which the employee would have normally been entitled for
longevity pay, the employee will forfeit entitlement to such pay.
Section 22.6 Instant Bonus Program. All employees in the Maintenance Worker, Fleet
Technician I, Custodial Worker or Electrical Worker classifications will be eligible for an
"instant bonus" in accordance with the following terms and conditions:
A. Each Department may give bonuses to reward an individual employee or a team of
employees for an exceptional effort in implementing and completing a project or
program that:
1. Significantly enhances the efficiency or effectiveness of City operations, or;
2. Significantly exceeds expectations in the areas of performance or
customer service, or;
3. Demonstrates innovation or creativity in government.
B. If a bonus is awarded, it will be awarded immediately, not at the end of the year.
C. An individual employee may be eligible for one instant bonus in any calendar year.
The maximum bonus amount will not exceed $1,000.00, however, the typical
bonus will be in the area of $250.00
D. Bonuses may be awarded upon written request of the employee's supervisor,
division director or department director, detailing the employee's achievement and
recommending a bonus amount. The bonus will not be awarded unless approved
by the department director and the City Manager. All decisions regarding the
award of bonuses will ultimately be at the discretion of the City Manager.
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E. In the event the division director and department director believe that time off with
pay would be a more effective reward for excellence under this program, and the
time off will not negatively affect the operation of the division, the employee
may be awarded up to eight (8) hours of paid leave in lieu of a monetary bonus.
F. The division director should not inform the employee of the bonus until it is
approved by the department director and City Manager.
G. To be eligible for a bonus, the employee must demonstrate a clearly exceptional level
of effort and achieve an outcome that is superior.
Section 22.7 Temporary Work Assignment/Pay Supplement. When an employee
is designated to perform the duties of a higher-level job classification within the bargaining
unit, the employee will be compensated at a rate of pay commensurate with that higher-
level job classification for all hours during which the employee performs such duties.
The rate of pay will be within the higher-level classification's established pay range and
will be set either at the minimum of this higher-level classification's pay range or at a
point ten percent (10%) greater than the employee's existing rate of pay, whichever is
greater. However, this increased rate of pay will not exceed the maximum of the higher
classification's pay range. If the temporary work assignment is to a position outside of
the bargaining unit, the Non -Union Compensation Plan Ordinance will take precedence
and the Director of Human Resources will determine a reasonable temporary increase for
that temporary work.
Section 22.8 Shift Differential. Shift differential pay will be provided as follows, with
the exception of hours in paid status while on approved leave:
A. For employees regularly assigned to first shift, shift differential will not apply
except when working on snow removal operations, which runs from the 1st
Monday of November through April. When employees regularly assigned to 1st shift
work on snow removal operations, shift differential will apply to those hours
worked between 5 p.m. and 6:45 a.m.
B. For employees regularly assigned to second or third shift, shift differential will be
applied to any hours worked.
Effective upon execution of this Agreement, the shift differential rate will be
$1.10/hour.
Shift differential pay will be applicable to actual hours worked. Shift differential will not
be paid in addition to regular pay for any hours spent on approved paid leave, with the
exception of leave due to mandatory training, which will qualify for shift differential
pay. Mandatory training is defined as classes/coursework where employee attendance is
required by the Division. Time spent in optional training programs will not qualify for shift
differential pay. If authorized overtime occurs in conjunction with the regularworkday, the
shift differential will be paid for each hour of overtime worked as specified above. If shift
differential pay is applicable, and overtime occurs, the shift differential pay will be added to
the base hourly rate prior to computing the overtime rate. Shift differential pay will be
paid on a bi-weekly basis and will not be cumulative under any circumstance.
ARTICLE 23
:1014197_vi-t
Section 23.1 Paid Holidays. The following are designated as paid holidays for
bargaining unit employees:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas Day
Section 23.2 Dates/Days Observed. Should the Federal or State government
designate a specific date or day of the week for observation of one of the above listed
holidays, the City will generally follow that designation. For employees assigned to a
Monday through Friday (Saturday and Sunday off), when a holiday falls on a Saturday, the
Friday immediately before the holiday will be the observed day; should the holiday fall on
a Sunday, the Monday immediately following the holiday will be the observed day. For
employees assigned to other than a Monday through Friday workweek (Saturday and
Sunday off) the holiday will be celebrated on the calendar day on which the holiday actually
falls.
Section 23.3 Holiday Pay.
A. If a holiday falls on an employee's regularly scheduled day off and the employee is
not required to work the holiday, or if the employee is excused from work, the
employee will receive eight (8) hours of Compensatory Time at the straight time
rate, provided that the employee was not absent without authorized leave on either
the workday before or after the holiday. An employee on Sick Leave the workday
before or after the holiday may be required to present a doctor's certificate in order
to receive credit for eight (8) hours of Compensatory Time.
B. When an employee works on a City observed holiday he will be entitled to eight hours
straight time pay plus double time pay (or Compensatory Time) for all hours
worked.
Section 23.4 Special Holiday. Any special holiday, as formally designated as a paid
holiday for other City workers by City Council, when City offices are closed for all or part
of the day, will also be observed as a paid holiday under this article. The mere closing
of a facility or City building for any reason without this specific designation as a special
paid holiday does not cause an entitlement to a paid holiday.
29
ARTICLE 24
PERSONAL LEAVE
Section 24.1 Allocation & Usaae of Leave. Effective the first pay period of each
payroll year under this Agreement, each employee, who is in full pay status (i.e. on duty
or on approved Leave With Pay) will receive forty (40) hours five (5) days of Personal
Leave. However, new employees appointed during the year will receive a pro -rated
allocation of Personal Leave in accordance with the following schedule:
Timeframe Appointed
Personal Leave Allocation
January 1 through March 31
40 Hours (5 days)
April 1 through June 30
32 Hours (4 days)
3uly 1 through September 30
20 Hours (2.5 days)
October 1 through November 30
8 Hours (1 day)
December 1 or later
None
In the event an employee is not in full pay status at the time Personal Leave is normally
allocated to each employee, yet returns to full pay status at some point thereafter, the
amount of that employee's Personal Leave allocation will be pro -rated. For every pay period
the employee has been in less than full pay status, one and fifty four hundredths (1.54)
hours of Personal Leave will be deducted from the normal forty hours (40) annual
allocation. Personal Leave may be used by the employee provided that said leave is
approved in advance by the employee's immediate supervisor or other appropriate
administrative superiors. Advance notice is defined as 2 days or as much notice as is
practicable. All Personal Leave must be used within the same calendar year in which it is
allocated or said Personal Leave will be forfeited. Personal Leave will be paid at the
employee's straight time rate. Conflicts involving multiple requests for the same period of
leave will be resolved on a first -come -first-served basis. Personal Leave will not be used to
artificially extend the separation date of an employee's resignation from employment with
the City. The effective date of an employee's resignation from employment will be the same
as the employee's last day worked.
Section 24.2 Pavment for Unused Personal Leave. Lavoff or Death. In the event
that an employee is laid off from City service, said employee will be compensated for all
unused Personal Leave at the rate of pay in effect at the time of layoff. For any other form
of separation, no compensation will be provided to the employee for unused Personal
Leave. In the event of the employee's death, such compensation will be paid to the
employee's surviving spouse, or secondarily, the employee's estate.
ARTICLE 25
SICK LEAVE
Section 25.1 Sick Leave Accrual. All employees will be entitled to Sick Leave with Pay at
the rate of four and six hundred fifteen thousandths (4.615) hours per pay period. Sick
Leave With Pay will accrue without limitation, with the exception that an employee will earn
the full Sick Leave accrual each pay period only if the employee is in full pay status for the
entire period. In the event the employee is not in full pay status for the entire pay period,
the employee will accrue Sick Leave at the rate of fifty-eight thousandths (.058) hours for
each one (1) hour in full pay status during the pay period. New employees will be granted
a three (3) day Sick Leave "advance" upon the effective date of their appointment. However,
no additional Sick Leave will be allowed to accumulate until the end of the third month of
employment.
Section 25.2 Use of Sick Leave. Sick Leave with full normal pay will be granted for the
following reasons:
A. Actual illness or disability of the employee;
B. Illness or disability of one or more of the employee's immediate family members,
requiring the employee's personal care and attendance. Immediate family, for the
purpose of this section, is defined as mother, father, spouse, son, daughter, step-
son, step -daughter, legal guardian, adult legally dependent siblings, or someone
who stands in Loco Parentis. Bargaining unit members will be permitted to petition
the City Manager for usage of Sick Leave for illness of family members outside the
definition of immediate family. The parties agree that the City Manager will
evaluate such requests and may, on a case- by -case basis, approve such requests,
at their discretion.
C. Enforced quarantine of the employee in accordance with community health
regulations.
D. Necessary appointments with physicians and dentists.
E. Where injury leave has expired and the employee must be absent from work for an
additional period.
In order to qualify for Sick Leave payments, the employee must notify their supervisor not
later than one-half (1/2) hour before their normal starting time on the first day of absence,
unless the circumstances surrounding the absence make such reporting impossible, in
which case such report must be made as soon as possible. Sick Leave for doctor or dentist
appointments must be requested forty-eight (48) hours in advance, except in emergency
situations.
Absence from work due to a non -duty incurred illness or injury will be compensated for by
use of Sick Leave.
31
In the event an employee requests Sick Leave for a period of longer than two (2)
consecutive days, or for the day immediately preceding or following a holiday, the
employee may be required by their immediate supervisor to submit a doctor's certificate
verifying the illness and justifying the necessity of the absence. If the immediate supervisor
determines that an employee's use of Sick Leave is not justified, the immediate supervisor
will have the authority to charge the absent time to the employee's vacation, Personal
Leave, or Compensatory Time balance or to record the absent time as Leave Without Pay.
The City Manager, assisted by all supervisory personnel, will be responsible for preventing
abuses of Sick Leave. Sick Leave will not be considered leave time which an employee may
use at their discretion for personal business. The Employer may require medical proof of
the necessity for said Sick Leave, in which event the involved employee will be required to
produce a statement from a medical doctor certifying to the necessity of such absence. In
the event the employee fails to submit adequate proof of the necessity for Sick Leave, such
leave will be considered unauthorized leave and will be without pay. If an employee is
found to have abused this Sick Leave policy, the employee will be subject to disciplinary
action, including possible suspension or dismissal.
In the case of pregnancy, the pregnant employee will be permitted to continue working as
long as she is physically capable to do so with the approval of her physician and supervisor.
"Physically Capable" will mean the ability to satisfactorily perform the essential job duties
of the position, with or without a reasonable accommodation, to which the employee is
assigned, as determined by the City. If deemed necessary by the employee's administrative
superiors, the employee may be asked to provide fitness for duty certification.
Vacation Leave, Personal Leave, Compensatory Time, or approved Leave Without Pay may
be use to supplement Sick Leave when the latter is exhausted. All Sick Leave will be
requested by use of the City's time keeping system.
Absence for a fraction of a day that is chargeable to Sick Leave in accordance with these
provisions will be charged proportionately in one-quarter (1/4) hour increments.
Section 25.3 Conversion of Sick Leave. An employee will be entitled to the
conversion of Sick Leave as follows:
A. Conversion Upon Separation. The employee may convert Sick Leave subject to
all of the following conditions:
1. The employee separates employment while in good standing
(employee's separation must not be for just cause) with the City;
2. The employee has at least ten (10) years of full-time public service, five (5)
years of which must be full-time continuous service with the City; and
3. The employee must have a Sick Leave Balance of at least five hundred (500)
hours at the time of separation;
The rate of pay for such accumulated Sick Leave will be at the employee's straight
time hourly rate of pay at separation multiplied by one-third (1/3) of the total
number of accumulated Sick Leave hours. Total payment under this provision will
not exceed 700 hours. In the event an employee dies while in the employ of the
City, except as provided in paragraph (C) of this section, and the employee has at
least ten (10) years of full-time public service, five (5) of which is full-time
continuous service with the City, their spouse, or secondarily their estate, will be
paid the aforementioned rate of redemption for accumulated unused Sick Leave.
B. Annual Conversion. During December of each year, each employee may
convert a portion of accrued but unused Sick Leave to a cash payment subject to
all of the following conditions:
1. The employee must have a Sick Leave balance of at least five hundred (500)
hours at the end of the first pay period in December;
2. The employee must have forty (40) hours or less of Sick Leave usage for
the past 12 months as of the end of the first pay period in December (FMLA
protected leave exempted);
3. The employee may convert no more than twenty-eight (28) hours of Sick
Leave to pay;
4. Sick Leave will be converted at the rate of one (1) hour of Sick Leave to
one (1) hour of pay at the straight time hourly rate of pay;
5. Once Sick Leave is converted to pay, it will not be converted back to Sick
Leave.
6. This payment will be made to the employee by separate deposit with the
first pay of the following calendar year.
C. Killed During Performance of Duties. If an employee is killed while performing
authorized, assigned job duties, the employee's surviving spouse, or secondarily,
the estate, will be paid for one hundred percent (100%) of the value of the
employee's accrued but unused Sick Leave, at the straight time rate in effect at the
time of death. The amount so paid will constitute payment in full for all accrued and
unused Sick Leave credited to the employee.
Section 25.4 Sick Leave Transfer from Prior Public Employer. Any employee who
has accrued Sick Leave with the State of Ohio or any political subdivision of the State will
be entitled to have this accrued Sick Leave transferred to the City of Dublin, provided the
employee was hired by the City within ten (10) years of
resignation/separation from the prior public employer, and provided the City receives
written verification of such prior service from the prior public employer. The employee is
responsible for making the City aware of the request to transfer Sick Leave within 30 days
of employment. New employees hired on or after the ratification of this Agreement, whose
Sick Leave is transferred from another public employer, must first use Sick Leave accrued
33
with the City of Dublin prior to using the transferred balance. In addition, on or after the
ratification date of this Agreement, any newly hired employee's transferred Sick Leave will
not be eligible for conversion to a cash payment either on an annual basis or upon
retirement or resignation.
ARTICLE 26
HOURS OF WORK AND OVERTIME
Section 26.1 Workweek. The work week normally consists of forty (40) hours based on
five (5) consecutive eight (8) hour work days followed by two (2) consecutive days off.
The regularly scheduled workday will be eight (8) consecutive hours (other than designated
snow shifts), with two (2) 15 -minute breaks each workday. Such breaks will not interfere
with the proper performance of work responsibilities of the work unit or department, as the
case may be. The breaks will be considered as part of the employee's work time. Breaks
may normally be taken at the work site, but any travel time to and from the work site is
part of the 15 -minute break period and will be included in the break. Break time will not be
connected to starting and ending time of the employee's workday. Break time is not
cumulative and the two breaks cannot be aggregated together. There is not any time
allowed to take a lunch or meal break when working a regular eight (8) consecutive hour
shift. If any food/snacks are consumed, they will be consumed during breaks whenever
possible; employees will utilize city facilities for restroom breaks. Employees may not
use restroom breaks during the workday as an opportunity to purchase food or drinks.
The following are the shifts and hours of work:
2:30 p.m. to 10:30 p.m. (also referred to as second shift)
4:00 p.m. to 12:00 a.m. (also referred to as second shift)
7:00 a.m. to 3:00 p.m. (also referred to as first shift)
6:00 a.m. to 2:00 p.m. (also referred to as first shift)
The City may add shifts, such as a swing or third shift, and may modify the above shifts
provided that the City gives at least thirty (30) days written notice to the affected employees
and the Union.
Section 26.2 Overtime. Employees will be compensated at straight -time rates for all
hours worked, as well as in paid status, except that all authorized hours worked beyond
the regular shift in excess of eight (8) hours in any work day will be compensated
for at a rate of time -and -one-half (1-1/2). If an employee works overtime that is not
authorized by their supervisor, the employee may be subject to disciplinary action.
To be eligible for overtime, the employee must be trained, qualified and experienced on
equipment that will be used for that overtime opportunity.
For an employee to be eligible for overtime, they must designate one phone number where
they can be reached. Employees are expected to respond to that phone number and/or call
back before the overtime opportunity is filled by another employee. If an employee fails
to answer the phone or respond and/or call back before the overtime opportunity is filled
by another employee who does answer the phone and/or call back, the employee will be
skipped and lose the chance for the overtime opportunity.
All overtime is treated the same except: the City has numerous overtime opportunities that
are associated with planned events/activities (e.g. leaf collection, chipping, facility closure,
night patching) festivals and celebrations. Planned overtime is treated separately. (See
section 26.3 — Planned Overtime)
Employees who are working on a particular work assignment but cannot complete the
assignment before the end of the workday may continue to finish the assignment without
invoking the overtime seniority list provided it is no longer than three (3) hours and
with prior approval of the Crew Supervisor. The City will make a good faith effort not to
abuse this section.
Section 26.3 Application of Seniority — Planned Overtime Sian -Up and
Assignment. The City agrees to offer overtime for non -short notice overtime activities in
accordance with the following:
A. Planned Overtime - Defined. The City and the Bargaining Unit mutually
recognize that certain services provided by the City require work to be
performed in an overtime status (Section 26.2). These overtime activities are
anticipated and planned for in advance. Such planned overtime can include but is
not limited to: extended mowing schedules; facility shut downs for maintenance;
special events; leaf collection; etc. Planned overtime activities may be for
individual activities or to cover periods of time for multiple activities at the discretion
of the City. Overtime is considered "planned" when the offering is posted in
accordance with the timeframes set forth in section 26.3.B.
B. Offer of Planned Overtime. The City will determine and post the dates, times and
number of personnel (if known) necessary to satisfy the City's needs for planned
overtime using a/n Overtime Sign -Up Sheet/s. Overtime Sign -Up Sheet/s will be
displayed no sooner than one (1) month prior to the period to be covered. The
division will post the sign-up sheet for a minimum duration of forty eight (48) hours
and remove the sheet no sooner than 24 hours prior to the period to be covered.
C. Work Units — Defined. Work units are defined as follows:
Fleet Management
Custodial Services
Park Operations
Facilities Maintenance
Street & Utilities Operations
Electrical
D. Number of Positions to be Posted. The number of positions to be posted
by the City for planned overtime will be at the discretion of the City.
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E. Planned Overtime Sign -Up Ranking. Once the planned overtime has been
offered in accordance with Article 26.3.B, those signing up on the sheet/s will be
ranked for assignment in the following order: Bargaining unit members (by job
classification and work unit) on the basis of seniority starting with the most senior
member of the bargaining unit (by classification and work unit) proceeding to the
least senior member of the bargaining unit (by classification and work unit), then to
all other bargaining unit employees within the City, who can safely perform the
work, and then to non -bargaining unit personnel, who can safely perform the work.
Should the Overtime Sign -Up Sheet/s still not be filled, the supervisor may then
solicit any seasonal employees who can safely perform the work. Should the
Overtime Sign -Up Sheet/s subsequently not be filled, bargaining unit members, from
least senior member to most senior member (within the classification and work unit
for which the planned overtime was initiated), will be compelled to be placed on the
Overtime Sign -Up Sheet/s. Should the Overtime Sign -Up Sheet/s still not be filled,
bargaining unit members who can safely perform the work will be compelled to fill
the sheets in order of least to most seniority.
F. Terminate and modify Planned Overtime. The City reserves the right to
terminate or otherwise modify the need and/or amount of planned overtime to be
worked at any point after ranking for planned overtime or assignment of planned
overtime has been determined.
Section 26.4 Assignment of Short Notice Overtime. The City agrees to offer
overtime for short notice overtime activities in accordance with the following:
A. Short Notice Overtime Defined. The Employer and the Bargaining Unit
mutually recognize that certain services provided by the Employer are "short notice"
in nature. Short notice events include, but are not limited to, weather- related events
such as snow, flood, wind, etc.; unanticipated utility disruptions; unanticipated
disruptions to the transportation system and other events of an
unanticipated/unplanned nature that occur during periods of the day or week when
staffing is at its lowest or no staff is on hand. These events result in the need to
have personnel "On Duty" and to respond when called in order to initiate actions to
stabilize the situation or to completely resolve the situation. Therefore, it is
necessary to establish lists of personnel in "On Duty" status in advance to ensure
the necessary personnel are readily available for short notice responses. For the
benefit of both parties, the following processes are set forth:
For snow and ice season, expected response time for an overtime call is no more
than 45 minutes unless that employee is formally "On Duty" receiving compensation.
In any short notice overtime situation, the supervisor must make a decision as to
how many employees will be needed to correct the situation that caused the
overtime event. In the event that the supervisor is qualified and can abate the
situation in less time than it takes for an employee to be called out and respond (40
minutes), the supervisor may perform such work. The City will make a good faith
effort not to abuse this section.
B. Assignment of Short Notice Overtime. The following governs the assignment
of short notice overtime: short notice overtime will first be assigned to those who
are on the On Duty Sign -Up Sheet/s as a result of filling the sheet/s in accordance
with Article 35. Assignment will then be made first to bargaining unit members (by
job classification and work unit) on the basis of seniority starting with the most
senior member of the bargaining unit (by classification and work unit) proceeding
to the least senior member of the bargaining unit (by classification and work unit),
then to all other bargaining unit members (by classification) and then to non -
bargaining unit personnel who can safely perform the work. Should the overtime
assignment still not be filled, the supervisor may then solicit any seasonal employees
who can safely perform the work. Should the overtime assignment subsequently not
be filled, bargaining unit members, from least senior member to most senior
member (within the classification and work unit for which the planned overtime was
initiated), will be compelled to work the overtime assignment. Should the overtime
assignment subsequently not be filled, bargaining unit members, from least senior
member to most senior member (by classification), will be compelled to work the
overtime assignment.
C. Termination of Short Notice Overtime. Because the parties agree to maximize
the opportunity for bargaining unit members to have priority to sign up for "On
Duty" status and to be assigned short notice overtime, all those called in for the
short notice overtime, including others, are permitted to work that overtime until
the situation is resolved or until they can be replaced by another employee of the
appropriate work unit and classification on their regularly assigned shift. Those
working the short notice overtime and have been replaced, or overtime has been
terminated, will have the opportunity to return to and finish their regularly scheduled
shift.
Section 26.5 Snow and Ice Removal Operations AM & PM Shifts.
A. Snow and Ice Operations, November to April. Divisions responsible for snow
and ice operations will canvas and post Overtime Sign -Up Sheets to serve on AM
(12AM to 12PM) and PM (12PM to 12AM) shifts starting the first (1st) Monday of
November through April. Anyone signing up for shifts must be qualified to safely
perform snow and ice removal operations and they must possess a Class A or
B Commercial Driver's License. The AM & PM shift assignments are intended
to remain static to the maximum extent possible throughout the season in order
to provide drivers consistently assigned routes and equipment. The Division
Director or their designee will be responsible to activate the AM & PM shifts for
snow removal. When activated by the appropriate Division Director, or their
designee, the snow and ice removal operations shifts will be divided into an AM
shift and a PM shift. The AM shift will be from 12am to 12pm. The PM shifts will
be from 12pm to 12am. The initiation and termination, and beginning and end
times of snow shifts is determined by the appropriate Division Director or their
designee. The City and the Union agree that snow and ice removal operations can
begin shifts up to 3 hours on either side of midnight and noon. Snow and Ice
removal shifts will not exceed 15 hours. The Division Director or their designee
may determine a need to transition into and out of the AM & PM snow shifts. The
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Division Director or their designee may determine the need to transition. The
transition into A.M and P.M snow shifts can be less than 12 hours or up to 15 hours
to accommodate that transition period. For transitions out of snow shifts,
employees may work shifts, which could be 12 hours or less. Those identified for
the AM & PM shifts will report for the shift for which they have signed up the first
(1st) Monday in November through April
B. Assignment of AM & PM Snow Shifts Overtime. The following governs the
assignment of overtime to include the AM or PM shift during the period November
to April: Maintenance Workers in the bargaining unit will be assigned to either an
AM Shift or a PM shift. Management will allow Maintenance Workers to sign up
for a preferred shift and those preferences will be accommodated to the extent
possible; however, Management will ensure experience levels and quantity of full
time Maintenance Workers are close to equal on both shifts. Overtime will be
assigned to those who are on the canvassed Overtime Sign -Up Sheet/s as a result
of filling the sheet/s in accordance with 26.5.A, above. Assignment will be made first
to bargaining unit members (by job classification and work unit) on the basis of
seniority starting with the most senior member of the bargaining unit (by
classification and work unit) proceeding to the least senior member of the
bargaining unit (by classification and work unit), then to non -bargaining unit
personnel who can safely perform the work. Should the overtime assignment
subsequently not be filled, bargaining unit members, from least senior member
to most senior member (by classification and work unit), will be compelled to
work the overtime assignment. "On Duty" status will be governed by Article 35.
C. Call in Errors. Should the City inadvertently call in the wrong employee(s), the City
will rectify such mistake by providing the employee(s) an opportunity to work the
hours missed. The work must be arranged during either first or second shift hours,
occur within 3 to 6 months of the date of the mistake, be at the same overtime
rate as the missed opportunity, and equal the same number of hours. The City
will apply the appropriate overtime rate (i.e., time and one half or double time)
to the hours worked. Employees will be responsible for making arrangements
with the appropriate Division Director so the hours can be scheduled and
appropriate work identified.
Section 26.6 First and Second Regular Day Off. Employees will be compensated at
a rate of time -and -one-half (1-1/2) for all authorized hours worked on their first regular
day off. When an employee works with approval from an appropriate supervisor their
second regular day off, and the employee has actually worked or has been in a paid status
each of the previous six days, that employee will be compensated at the rate of double-time
for all hours worked on the second regular day off according to the following:
A. The work on the second regular day off must be separate and distinct from the
previous days recorded by clocking in on the second regular day off.
B. When situations arise requiring an employee to clock in on the first regular day prior
to midnight and work crosses over midnight into the second regular day off, the
rate of pay will remain at time -and -one-half (1 1/2) for the first 8 hours of work as
this is considered one work period. Any hours worked in excess of 8 hours in this
specific situation will be compensated at the double time rate.
C. If an employee works their second regular day off and they have not met the above
criteria, their second regular day off will be compensated at the rate of time -and -
one -half.
Section 26.7 Call In Pay/Show-Up Pay. When an employee is called in or scheduled
in advance for work by an appropriate supervisor, and the employee reports for said work
more than thirty (30) minutes after the completion of their shift, the employee will be
paid for a minimum of three (3) hours at the appropriate overtime rate or be credited
with a minimum of three (3) hours of Compensatory Time at the appropriate Overtime
rate.
Section 26.8 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 will 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, will be one hundred sixty
(160). After an employee's maximum Compensatory Time bank has reached one hundred
sixty (160) hours, all additional Overtime for such employee will be paid at the appropriate
Overtime rate. Compensatory time accumulations will carry over from year to year, except
that a member is entitled to be paid out for any accumulation the first pay of each quarter
during the calendar year (January, April, July, October). The calculation for converting
compensatory time to cash will be the member's established hourly rate of pay multiplied
by the number of hours the member desires to convert. In the event the member wishes
to exercise this option, it will be the employee's responsibility to make the request using
the Kronos timekeeping system, specifying the number of hours the member wishes to
convert to cash. This request must be made in conjunction with a member's approval of
their time for the first pay in each quarter. The cash conversion will then be paid on the
scheduled pay date. It is the member's responsibility to ensure there have sufficient
compensatory balances available for future leave requests using compensatory time. The
Department of Finance will not be responsible for reversing the cash payment of
compensatory time that was directed by the member. The cash conversion will then be
paid in the form of a separate payroll deposit. However, in no event may the employee
exceed the maximum amount of one hundred sixty (160) hours in their Compensatory
Time bank and all additional Overtime for such employee will be paid at the appropriate
Overtime rate.
During any one payroll year, an employee may earn a maximum amount of Compensatory
Time of two hundred forty (240). Once the employee has earned a maximum amount of
Compensatory Time of two hundred forty (240) hours in a payroll year (inclusive of any
usage during the payroll year), all other Overtime for that payroll year will be paid at the
appropriate Overtime rate regardless of the number of hours of Compensatory Time in the
employee's Compensatory Time bank.
Section 26.9 Payment for Accrued Compensatory Time Upon Separation. An
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employee who has accrued Compensatory Time will, upon the termination of employment,
for any reason, be paid for the unused Compensatory Time at the rate of pay received by
the employee at the time of separation. In the event of any employee's death, such
compensation will be paid to the employee's surviving spouse or, secondarily, their estate.
Section 26.10 Use of Compensatory Time. Any request for Compensatory Time of
more than eight (8) consecutive hours use will be submitted at least seventy-two hours in
advance of its requested usage. The notice period may be waived in cases where
circumstances make compliance impracticable. Requests for eight (8) or less consecutive
hours use may be submitted with less than seventy-two hours' notice and may be
approved, as scheduling and operational needs of the Division permit such usage.
Compensatory Time may be requested in multiples of one-quarter (1/4) hours. In the event
that a request for Compensatory Time is denied because of operational needs, the
employee will be given the opportunity to take the Compensatory Time at another time. If
the alternate time is not acceptable for either party, then the number of hours requested
may be paid out in the next pay per the request of the employee.
ARTICLE 27
REINSTATEMENT FROM CERTAIN PERSONNEL ACTIONS
Section 27.1 Reinstatement from Resignation. Any employee, who voluntarily
resigns his position within the bargaining unit, may be reinstated to a full-time position within
the same job classification from which they resigned if there is a need for services
within two (2) years after the date of resignation, subject to approval by the City Manager.
If there is no vacancy at the time of request for reinstatement, the Director of Human
Resources will 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 27.2 Reinstatement from Military Service. Pursuant to the Ohio Revised
Code Section 4903.03, any employee who leaves, or has left, the City service to enter the
active service of the Armed Forces of the United States, or any branch thereof, and who
is subsequently reinstated to employment with the City, will be entitled to receive
compensation at the Step rate to which the employee would have been entitled had
service with the City not been interrupted by service in the Armed Services. Reinstatement
rights are also governed by the Uniform Services Employment and Re -Employment
Rights Act ("USERRA').
Section 27.3 Reinstatement from Authorized Leave. Time spent on authorized leave
will be credited for purposes of step advancement and will not constitute a break in service.
ARTICLE 28
VACATION LEAVE
Section 28.1 Vacation Year. The vacation year for employees will end at midnight on the
last day of the payroll calendar year.
Section 28.2 Conditions for Accrual. Employees will accrue Vacation Leave per pay
period at the annual rate set forth in Section 28.4. In addition, an employee will not earn
the full vacation accrual in a given pay period unless they are in full pay status (i.e. on
duty or on approved Leave With Pay) in the entire pay period. In the event an employee
is not in full pay status during the entire pay period, the employee will accrue vacation on
a pro -rated basis taking into account the number of hours in full pay status during the
pay period and the rate of accrual at that given time. The formula for pro -rating the
employee's accrual under such circumstances will be the number of hours in full pay
status multiplied by the converted hourly accrual rate.
Section 28.3 Prior Public Service Credit. An employee, who has prior public service
with any state government, or any political subdivision thereof, may receive credit for
prior service with such entity. For the purpose of computing the amount of Vacation Leave
with the City, if the nature of said service is relevant to the nature of service with the City
of Dublin, providing the employee gives notice within 30 days from hire date.
A new employee of the city will immediately accrue vacation according to the vacation
accrual scheduled in section 28.4. A new employee with less than one (1) year of prior public
service will not be able to use Vacation Leave within the first 6 months of employment.
A new employee with more than 1 year of prior public service will be entitled to use
Vacation Leave after three (3) months of employment
Section 28.4 Vacation Accrual Schedule. Each employee will be entitled to
Vacation Leave based upon the following Vacation accrual schedule:
Completed Years of Public Service
0 up to 1 Year
1 up to 4 Years
4 up to 9 Years
9 up to 15 Years
15 up to 20 Years
20 Years or More
Paid Vacation (Hours Per Year)
40 Hours
108 Hours
142 Hours
182 Hours
208 Hours
246 Hours
Section 28.5 Vacation Carry -Over. An employee with fewer than eleven (11)
completed years of public service may automatically carry over from one payroll
calendar year to the next a maximum of one hundred sixty (160) hours of Vacation Leave
previously earned but not used. An employee with eleven (11) to nineteen (19) complete
years or more completed years of public service may carry-over a maximum of two
hundred (200) hours of Vacation Leave from one payroll calendar year to another
payroll calendar year. An employee with twenty (20) or more completed years of public
service may carry over a maximum of two hundred forty (240) hours of Vacation Leave
41
from one payroll calendar year to another payroll calendar year.
Section 28.6 Vacation Scheduling/Use. The Division/Department will attempt to
honor all Vacation requests in the following manner with the understanding that all
Vacation Leave will be taken at such time or times at the discretion of and as approved by
the Division Head.
A. Annual Scheduling. In December of each year, the Division will post a
Vacation Schedule for the following year. Employees will submit written requests for
Vacation Leave by January 1. In cases of conflict, seniority will control as to granting
of requests for Vacation Leave. In the event an employee's request is disapproved,
that employee will have seventy-two (72) hours to resubmit an alternate request
for consideration. During said seventy-two (72) hour period of time, Vacation
requests from other employees with less seniority will not be approved. In the event
the employee does not resubmit an alternate request within said seventy-two (72)
hour time period, Vacation requests from other employees with less seniority, may
then be approved.
B. Casual Scheduling. For other than annual scheduling, employees may request
occasional, casual use of Vacation Leave. Approval of such casual Vacation Leave
will be on a first-come first-served basis.
C. Vacation Leave may be taken in multiples of one-quarter (1/4) hour.
D. Vacation Leave will not be used to artificially extend the separation date of an
employee's resignation from employment with the City. The effective date of an
employee's resignation from employment will be the same as the employee's last day
worked.
Section 28.7 Rates of Pay for Vacation Hours. All Vacation hours will be paid at the
applicable straight time rates; however, an employee ordered to work while on approved
Vacation Leave will be paid at the double time rate, with a minimum guarantee of
four (4) hours pay for each such call-in.
Section 28.8 Payment for Accrued Vacation Leave Upon
Resignation /Separation and Death. Employees who are laid off, who resign with two
(2) weeks' notice, or who are separated from City service will be paid all unused but
accrued Vacation to which they are entitled at the rate of pay in effect at the time of
separation. In the event of an employee's death, such compensation will be paid to the
employee's surviving spouse, or secondarily, to their estate.
Section 28.9 Annual Conversion of Accrued Vacation Leave. During December of
each year, each employee who has completed eleven (11) years of public service may
convert a portion of their accrued but unused Vacation Leave to a cash payment subject
to all of the following conditions.
A. The employee must have a Vacation Leave balance of at least one hundred and
twenty (120) hours at the end of the first pay period in December;
B. The employee may convert no more than forty (40) hours of Vacation Leave to pay;
C. Vacation Leave will be converted at the rate of one (1) hour of Vacation Leave to
one (1) hour of pay at the member's current straight time hourly rate of pay;
D. Once Vacation Leave is converted as part of this process, it cannot be converted
back into Vacation Leave.
E. This payment will be made to the employee by separate deposit within the first pay
period of the following calendar year.
ARTICLE 29
INJURY LEAVE
Section 29.1 Iniury Leave With Pay. When an employee's absence from work is
necessitated because of an illness or injury incurred while on the job with the City and said
illness or injury is compensable under Ohio Workers' Compensation Law, Injury Leave
will be granted for a period not to exceed one hundred eighty (180) calendar days after
the date of injury. Such leave will be granted by the City Manager, or their designee,
based upon the recommendation of the Division/Department Head and upon submittal by
the employee of a statement from a licensed physician justifying that the employee is
unable to return to modified duty or full work status due to the illness/injury. The physician
statement must be a fully completed and signed BWC-Medco 14 (or equivalent). Such
leave will not be charged against the employee's Sick Leave balance unless it is determined
that the illness or injury is a non -work-related illness or injury and is not compensable
under Ohio Workers' Compensation Law. In order to be eligible for Injury Leave, the
employee must report the illness/injury to his supervisor within three (3) work -days of the
incident giving rise to the illness/injury.
Simultaneously with the request for Injury Leave, the employee will make application and
actively pursue a claim for benefits under Ohio Workers' Compensation Law. If the
application for benefits is granted and the claim allowed, the City's obligation under the
continued use of Injury Leave would be the employee's regular rate of pay.
In cases where Injury Leave or medical leave are necessary, the City may employ a
limited -duty work program which will provide for the attempted placement of Divisional
personnel who are unable to perform in their normal capacity. The limitations imposed on
Injury Leave will be considered as limitations on leave granted as a result of each incident
of a work-related illness/injury, rather than limitations on leave to be granted in any one
calendar year or other unit of time.
A maximum of three (3) hours of Injury Leave will be granted for an absence from work
necessitated due to the attendance of an Industrial Commission Hearing resulting in the
allowance of the claim and/or medical diagnosis code being heard. Other forms of leave
taken pending receipt of the final order from the Industrial Commission will not be
converted to Injury Leave until 15 days after the City's receipt of the final order.
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A maximum of three (3) hours of Injury Leave will be granted for an absence from work
necessitated due to the attendance of a physician's appointment for an approved
condition. Only in circumstances involving additional travel and/or appropriate supporting
medical documentation will Injury Leave greater than three hours be considered for an
appointment.
ARTICLE 30
SPECIAL LEAVES
Section 30.1 Leave Without Pay, Leave Without Pay may be granted, upon the
approval of the City Manager, or their designee, if requested in writing by the employee.
An employee on Leave Without Pay will not accrue Sick Leave or Vacation Leave and, for
non-medical/non-family leave situations or for the period beyond twelve (12) weeks of
family or medical leave, the employee will also be required to pay one hundred percent
(100%) of the cost associated with maintaining his medical, dental, vision, and/or life
insurance coverages if they wish to have any or all of said coverages continued. Failure of
any employee to report promptly at the expiration of such leave of absence will be
considered as a resignation. Leave Without Pay may be granted for:
A. Personal Leave. Leave Without Pay may be granted at the discretion of the City
Manager, or their designee, for personal reasons not to exceed thirty (30) days
without loss of seniority, if the employee can be spared. This may be extended
only with the written approval of the City Manager, or their designee, and must be
submitted in writing a minimum of two weeks prior to the requested date of
the extension.
B. Extended Illness or Accident Leave. Leave Without Pay may be granted to an
employee for a period not to exceed one (1) year, unless required by law, without
loss of seniority when such employee is physically unable to report for work because
of illness or accident. The employee must promptly notify their supervisor of the
necessity therefore (and the supervisor will transmit the request to the City Manager,
or their designee, for approval), and the employee must supply certification from a
qualified physician attesting to the necessity for such absence.
C. Maternity Leave. Maternity Leave Without Pay may be granted to an employee
without loss of seniority upon approval of the City Manager, or their designee.
Extension of the leave may be granted for a period not to exceed one (1) year,
unless required by law, if the employee's physician states in writing that such
an extension is needed for recuperative health reasons related to pregnancy.
Leave Without Pay during the probationary period will not be counted part of that
period.
D. Military Leave (Active Duty). Except as may otherwise be specifically provided
herein, an employee may be granted a Leave of Absence Without Pay to be inducted
into or otherwise enter the military on an active duty basis.
E. Union -sponsored conferences and training. Leave Without Pay will be
approved for a unit chairperson or Unit Griever or unit secretary or any bargaining
unit member appointed by the unit chairperson for a period of time, cumulatively,
not to exceed a total of fifteen (15) calendar days per calendar year for labor
contract administration and to attend Union- sponsored conferences and training
with no loss in seniority, will accrue all leaves, and the city will maintain full payment
of medical, dental, vision, and life insurance. The employee will advise the crew
supervisor with as much advance written notice as possible, but in no case with less
than forty-eight (48) hours written notice indicating the approximate time required
to attend the training and the nature of the training. Notice for attendance to pre -
scheduled conferences and training should be 30 -days. There will not be more than
two representatives from a given work unit out at any given time to attend union
training.
Section 30.2 Leave With Pay. Leave With Pay will be granted upon the approval of
the City Manager, or their designee, to an employee in the following instances:
A. Court Leave. Court leave will be administered by Administrative Order 2.72. Leave
With Pay for up to 10 working days will be granted to an employee in order that
they may serve required jury duty or if required by law to appear in a case resulting
directly from the discharge of his duties as a City employee.
B. Bereavement Leave. In the event of a death in an employee's family, the
employee will be entitled to up to three (3) paid work days for funeral services
and/or burial per covered family member. Additional days of Personal Leave,
Vacation Leave, and Compensatory Time may be approved by the City Manager, or
their designee, on a "case-by-case" basis, given the merits of each particular set of
circumstances. The family, for purposes of Bereavement Leave, will include: spouse,
son, daughter, brother, sister, parent, legal guardian, person who stands in place
of a parent, grand -parent, grandchild, step- father, step -mother, step -brother, step-
sister, step -son, step -daughter, mother-in-law, father -in- law, daughter-in-law, Bon-
in -law, brother-in-law, sister-in-law, grandparent -in- law, half-brother and half-
sister, aunt, uncle, or any other relative living in the home of the employee.
C. Military Reserve Leave. A member who, as a member of the Ohio Organized
Militia which is comprised of the Ohio National Guard , the Ohio Military Reserve,
and the Ohio Naval Militia, or as a reserve member of the Armed Forces of the
United States, is called upon to receive temporary military training, will be entitled
to a leave of absence with pay for a period or periods not to exceed twenty-two
(22) eight (8) hour work days or one hundred seventy-six (176) hours in any one
(1) calendar year. A member qualifying for paid military leave who is called or
ordered to the uniformed services for longer than the above period will be paid for
the remaining time beyond the first twenty-two (22) eight (8) hour work days or
one hundred seventy-six (176) hours at his or her regular compensation rate less
whatever compensation the member may receive for such military service. If the
member's military compensation exceeds the compensation the member is
otherwise entitled to from the City, the member will not be entitled to any additional
compensation from the City.
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D. Family/Medical Leave (FMLA Leave). Employees will have such right and
options as are guaranteed to them by the Family and Medical Leave Act and the
City will have such rights and options as are allowed to it by the Family and
Medical Leave Act. All accrued Vacation and other paid time/leave will be
substituted for and applied toward any FMLA-qualified leave. An employee
seeking FMLA leave must first use paid sick time (if applicable), vacation,
personal leave, and compensatory time before going on unpaid leave.
E. Other. Leave With Pay may be granted by the City Manager, or their designee, for
good and sufficient reasons which are considered to be in the best interest of the
City, but only in the event of extraordinary circumstances.
ARTICLE 31
LEAVE DONATION PROGRAM
Section 31.1 Purpose. We agree that the leave donation program is governed by
Administrative Order 2.55. The City agrees to bargain with the Union if there are any
revisions to be made to the Administrative Order 2.55.
ARTICLE 32
INSURANCE
Section 32.1 Medical, Dental & Vision Benefits.
This article applies to the calendar year 2020 only.
The City will make available group medical, prescription drug, dental, and vision
benefits to all employees and dependents who meet the eligibility requirements of the plan.
The City will provide health insurance coverage to Employees through a high deductible
healthcare plan with an associated health savings account (HSA) or a Health
Reimbursement Account (HRA). An HRA is for those employees ineligible for an HSA
based on being covered by other healthcare coverage like Medicare or TRICARE.
A. Medical and Pharmacy Coverage for the year 2020 only
Premiums for the year 2020 only
The City will charge a premium for medical coverage at the following base rates:
Single Coverage: $1,875
Family Coverage w/o spouse $1,875
Family Coverage w/ spouse: $3,750
These premiums can be waived depending on the employee's and spouses, if applicable,
participation in the Healthy by Choice wellness program and meeting its associated
standards as follows:
Participation Based Premium Waiver
Single Coverage: $750
Family w/o Spouse Coverage: $750
Family w/Spouse Coverage: $1,500
Results Based Premium Waiver
$225 per health factor for blood pressure, cholesterol and tobacco -free status
$450 per health factor for BMI/waist circumference
Participating employees hired during the year will have the City's contribution to their HSA
or HRA based on their participation of the HBC program in that initial year. The premium
and waiver of the premium associated with the wellness program will be based on the
enrollment period for the HBC program in the initial year.
In addition to the base rates, if an employee or covered spouse is a tobacco user, then a
tobacco use premium will be charged as follows:
Premium Equivalent Contribution (Tobacco Use Premium Surcharge). A tobacco
use premium surcharge of 15% of the premium equivalent based on the level of single
coverage for tobacco use if either the employee or covered spouse uses tobacco. In
the event that both the employee and the spouse use tobacco, then a premium
surcharge of 15% of the premium equivalent based the level of single coverage will
be applied to both the employee and the spouse for a total of 30%. The employee and/or
spouse may make a request for an alternative standard during open enrollment and
the City will work with an employee (and, if they wish, the employee's doctor) to
earn the same reward by different means. This tobacco use premium will be waived
for the tobacco user if the tobacco user successfully participates in an alternative standard
as prescribed under the "Healthy by Choice" program described in Attachment A of this
document. If coverage is elected and an alternative standard is not requested and
completed, then the premium surcharge for tobacco use will be charged through payroll
deduction evenly over the year.
Annual Deductibles
Single Coverage = $2,500
Family Coverage w/o Spouse = $5,000 Family
Coverage w/Spouse = $5,000
HSA/ HRA Contributions
The City will make automatic annual contributions (paid out over three equal installments
in January, May and September) to each employees' health savings account who are
covered by the City Health Insurance Plan based on the coverage level. These HSA/HRA
deposits are not tied to the City's HBC Wellness Program and will be made in the following
annual amounts for the year 2020 only:
47
Single Coverage: $1,875
Family Coverage w/o spouse $3,750
B. Dental and Vision Insurance
The City will make available group dental and vision benefits to all employees and
dependents who meet the eligibility of the plan. The plan design of this program will be
substantially the same as that in effect on December 31, 2019 with the following
exceptions, which will become effective upon execution of this Agreement.
1. Premium Equivalent Contribution. Dental/vision insurance coverage will continue to
be a separate option for employees if they do not elect medical coverage. A
premium equivalent contribution will charged for dental/vision coverage. If an
employee elects medical coverage, the dental/vision premium will be waived if
the employee and enrolled spouse have had one preventive care dental screening
during the plan period.
2. Dental coverage will be paid at 90% of the Usual and Customary Rate (UCR).
C. Flexible Spending Account
Employees may choose annually, during the established open enrollment period, to
participate in a dependent care Flexible Spending Account to cover eligible expenses for
child and elder care as determined by the IRS.
D. Patient Protection and Affordable Care Act (PPACA)
In light of the Patient Protection and Affordable Care Act of 2010 and anticipated
changes that may result from further rules as defined by the governing bodies, the City
will be legally required to adhere to changes that affect our benefit plan and could affect
the delivery of benefits to Employees. The changes will be implemented on a timeline as
required by law and will not be negotiated. When those situations arise, the City will
notify the Union of such changes prior to implementing the change.
Section 32.2 Nicotine Incentive. Employees who participate in Healthy by Choice and
receive the waiver of premium for non -tobacco use are required to sign a confirmation
form attesting that the Employee has not used any tobacco products during the prior
calendar year. In the event that the Employee uses tobacco, the Employee may make a
request for an alternative standard during open enrollment and the City will work with an
employee (and, if they wish, the employee's doctor) to earn the same waiver of premium
by different means. Any Employee who falsifies an attestation regarding non -tobacco use
may be subject to disciplinary action.
Section 32.3 Chanae in Carriers. If it becomes necessary to change carriers
(medical, dental, vision, and life insurance benefits only), and such change would affect
the benefits under the plans, the City agrees to meet with representatives of the Union
prior to implementing the change in order to negotiate the impact of any proposed
change.
Section 32.4 Life Insurance. Effective upon execution of this Agreement, the City
will provide group term life insurance coverage in an amount equal to one and one- half
(1-1/2) times each employee's annual base compensation rate, with a minimum coverage
level of $50,000 and a maximum overage level of $150,000. The full premium for this
coverage will be paid by the City. For purposes of administrative efficiency, the annual base
compensation rate in effect on December 31st of each year will be used to calculate the
amount of life insurance the employee will have the following year (e.g. annual base
compensation level in effect on 12-31-2019 will be used to calculate the life insurance
amount the employee will have during the 2020 calendar year). In addition, the coverage
reduction provisions within the existing life insurance policy in effect as of 12-31-2002,
which begins at age 65, will remain in the life insurance policy under this Agreement.
Coverage amounts will be doubled if the employee is killed in the line of duty.
Attachment A. Healthy by Choice Benefit Plan including a Health Savings
Account/Health Reimbursement Account
Employee "Health Savings Account/Health Reimbursement" Premium Waiver
for Participation in Wellness Program for the year 2020
An annual opportunity for both the employee and enrolled dependent spouse, if applicable,
to voluntarily participate in the premium waiver associated with the wellness program will
be made in accordance with the City's wellness initiative;
A. Participation -Based (Employee and Enrolled Spouse):
1. During open enrollment: Participate in on-site screenings and request an
alternative standard if needed, complete an on-line health assessment, and
submit documentation during the established open enrollment period;
2. During the City's designated HBC plan year, complete a preventive care
screenings with their doctor;
3. (Employee only) Attend two one-hour educational programs; attend two 45 -
minute health coaching sessions; or attend two 45 -minute nutrition
consultations with a dietitian.
B. Results -Based (Employee and Enrolled Spouse):
1. The results -based incentives are based on meeting four key health factors in
relation to blood pressure, cholesterol, body mass index/waist circumference,
non -tobacco use during the open enrollment period.
2. In addition, if an employee or enrolled spouse might be unable to meet a
standard for an incentive under the Healthy by Choice program in light of their
health status, they might qualify for an opportunity to earn the same
incentive by different means. The City will work with each participant (and,
i•
if they wish, with their doctor) to find a wellness program with the same
incentive reward that is right for that participant
in light of their health status.
3. Both the employee and spouse (if enrolled) must participate in the
Wellness Program in order to qualify for the annual incentive based on family
coverage. Employees who have a spouse also employed by the City have
two options: (1) elect one family coverage plan through either the Employee
or Spouse's position, or (2) or both elect single coverage. If either Employee
or spouse has dependent children, they must elect the first option.
C. City's Deposits.
1. Deposit of the City's contribution into an HSA for 2020, when eligible, will
be based on the following schedule:
2. The City's contribution into a HSA will be deposited three times during the
year 2020 including January, May and September.
D. Light -Duty. The City will review Light Duty requests on a case-by-case basis.
/_1 Ci i to] 11 *14;1
TRAINING AND TUITION REIMBURSEMENT
Section 33.1 Training. In recognition of the value of continuing education and
professional development of employees, the City agrees to provide training opportunities
for employees within the bargaining unit at the City's expense. This training may be either
initiated by the City pursuant to a training schedule or by the employee, with the approval
of the Division Head or their designee. The training will be related to an employee's
performance of their job duties or in preparation for job duties which may be assigned to
the employee after completion of training.
Reasonable effort will be made to accommodate the training to the employee's regular
work schedule. The Division will endeavor to provide as much advanced notice as practical
to employees regarding their training schedules. In that this training is a work-related duty,
the employee will receive all pay and benefits to which they are otherwise entitled during
training.
The expense for employees who are required or requested to attend training schools,
seminars, or other instructional or educational programs, including examination to increase
their knowledge and further their competency in their occupation with the Employer, will
be paid by the Employer as follows:
A. Registration fees, tuition charges for the training school, seminar, or educational or
other instructional programs.
B. The Employer will not pay for meals when not provided by the tuition.
C. The Employer will pay the current rate for mileage, as determined by the IRS, when
an employee is not provided with a City -owned vehicle. Where overnight lodging is
provided at the City's expense, an employee will only be reimbursed for mileage to
and from the training facility on one occasion each way unless otherwise approved
or directed by the Division Director. Compensation for all other travel will be
compensated in accordance with Administrative Order 2.58. Bus, train, or airfare at
tourist rate will be provided for lengthy trips when travel is approved by the City
Manager.
D. Hotel or motel charges when lodging is not provided as a term of tuition payment.
E. Hourly rates will be paid when schools or training are scheduled during regular
working hours.
F. All necessary tools and equipment required by the course of instruction. Payments
may be issued in advance for paragraphs A. and D. of this Section.
Section 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
will be eligible for a maximum of three thousand dollars ($3,000) in reimbursement
per calendar year for fees and required textbooks, and courses of instruction
voluntarily undertaken. Courses of instruction eligible for reimbursement under this
program will include courses necessary for job-related degree programs or courses
of study not necessarily within a job-related degree program but which are still job-
related. In addition, only coursework provided by a recognized institution (e.g.
college, university, community college, post -secondary technical school, etc.) will be
eligible for reimbursement under this program. No reimbursement will be approved
for correspondence courses.
B. Necessary Approval. All coursework subject to reimbursement will be transmitted,
in advance and through the Division/Department Head, to the Director of Human
Resources for approval. The Division/Department Head will provide a written
recommendation concerning approval/disapproval of the request at time of
transmittal to the Director of Human Resources. If practicable, an employee will
make application for approval of coursework at least fifteen (15) days prior to
commencement of the course of study. The Director of Human Resources will
evaluate the employee's coursework/degree program for job -relatedness and will
notify the employee, in writing, regarding approval/disapproval of said course-
work/degree program on that basis. The City agrees that approval of
coursework/degree program will not be unreasonably withheld. An employee may
receive blanket approval for an entire degree program or a continuing course of
study if all courses within the program are identified. If all or part of the program is
approved, the employee need not reapply for approval for each course within the
portion(s) approved. If all or part of the program/coursework is disapproved by the
Director of Human Resources, the employee may appeal, in writing, said disapproval
directly to the City Manager within seventy-two (72) hours of notification from the
51
Director of Human Resources. The City Manager will issue a written decision on the
employee's appeal within five (5) working days of receiving said appeal.
C. Course Attendance. Courses are to be taken on other than scheduled working
hours, unless approval is obtained from the Division Director, or their designee, to
take such courses on work time.
D. Reimbursement Procedure. Reimbursement will be made upon successful
completion of a course with a grade of C (2.00) or better. The employee will submit
an official transcript or certificate demonstrating successful completion of the course
and a receipt from the institution confirming the employee has paid for tuition, fees,
and required textbooks. Any financial assistance available to an employee will be
deducted from the amount of tuition reimbursement that would otherwise be
payable. The employee will not be reimbursed for incidental expenses such as paper
or supplies, mileage, parking, meals, or other expenses other than tuition, fees, and
required textbooks.
E. Payback for Early Separation. In the event that an employee separates service
with the City within the first year after reimbursement, the employee must pay back
one hundred percent (100%) of the reimbursement. If an employee separates
service within the second year after reimbursement, the employee must pay back
fifty percent (50%) of the reimbursement. This payback must be satisfied within
one (1) year of the employee's separation date. Failure to fully satisfy such
obligation by the former employee may generate an adverse recommendation in
response to future reference checks by prospective employers.
F-11 1A i to] 11 419L!
TRAINING ASSIGNMENTS
Section 34.1 Compensation. Any bargaining unit member who, when designated to
serve in a training capacity, where the training is substantial enough to require prior
planning, preparation, scheduling, and notice, will be entitled to two (2) hours of
Compensatory Time when four (4) hours or more of training time is spent with the
trainee in a given day. In order for the training designation to be valid, it must be
issued at the Maintenance Crew Supervisor level or above.
ARTICLE 35
"ON DUTY" STATUS
Section 35.1 "On Duty" Status - Defined. The Employer and the Bargaining Unit
mutually recognize that certain services provided by the Employer are "short notice" in
nature. Short notice events include, but are not limited to, weather-related events such
as snow, flood, wind, etc.; unanticipated utility disruptions; unanticipated disruptions to
the transportation system and other events of an unanticipated/unplanned
nature that occur during periods of the day or week when staffing is at its lowest or no
staff is on hand. These events result in the need to have personnel "On Duty" and to
respond when called in order to initiate actions to stabilize the situation or to completely
resolve the situation. Therefore, it is necessary to establish lists of personnel in "On
Duty" status in advance to ensure the necessary personnel are readily available for
short notice responses. For the benefit of both parties, the following processes are set
forth:
Section 35.2 Offer of "On Duty " Status. The City will determine and post the dates,
times and number of personnel necessary to satisfy the City's needs for individuals
to be placed in an "On Duty" status using "On Duty" Sign -Up Sheet/s. "On Duty" Sign -Up
Sheet/s will be displayed no sooner than one (1) month prior to the period to be covered
and will be removed no sooner than fourteen (14) calendar days prior to the "On -Duty"
period. Postings will cover no more than two (2) weeks at a time. The division will post
the signup sheet for a minimum of four (4) calendar days.
Section 35.3 Work Units — Defined. Work units are defined as follows:
• Fleet Maintenance
• Custodial Services
• Park Operations
• Facilities Maintenance
• Street & Utilities Operations
• Sign Shop
• Electrical
Section 35.4 Duration of "On Duty" Status. Employees serving in an "On Duty"
status will serve in such status for periods of seven (7) calendar days at a time. In the event
the bargaining unit member cannot serve up to two (2) consecutive days of the full seven
(7) days schedule of "On Duty", they will find a replacement within their shift/work
unit. Failure to do so will forfeit their pay for those days in question.
Section 35.5 Number of Positions to be Offered Outside of Snow Removal
Season. The number of positions to be posted by the City for "On Duty" status will not
exceed a total of twenty-five (25) for all work units combined and no more than fourteen
(14) from any one work unit. This list will be used for all short notice events outside of
snow removal season. "On Duty" positions will be filled by qualified bargaining unit
members (by job classification and work unit) then to non-union that are qualified.
Section 35.6 Number of Positions to be Offered During Snow and Ice Season.
The following procedure outlined in provisions A through F below will be used during
snow removal season, which runs from 1st Monday of November through April.
A. There will be a minimum of two and up to eight (8) people per shift on the "On Duty"
list from Street & Utilities Operations. In addition, the "On Duty" list will also include
the following breakdown of bargaining unit employees: up to ten
(10) Parks Operations, up to two (2) Fleet Technicians, up to one (1) Facilities
Maintenance, and up to one (1) Electrical Worker. Each work unit will maintain its
own "On Duty" list.
B. When the Street & Utilities Operations "On Duty" list is not filled by Street &
53
Utilities Operations bargaining unit members, the remaining vacant "On Duty"
positions will be filled by qualified bargaining unit members from the canvass (by
job classification and work unit) then to non-union staff that are qualified for snow
and ice removal and possess a Class A or B Commercial Driver's License.
C. The "On Duty" will run for 1 week and Street & Utilities Operations, Custodial
Services, Parks Operations, Fleet Maintenance, Facilities Maintenance, and
Electrical Workers on call period starting at 7:00 AM on Monday and will end at 7:00
AM the following week (seven 7 days). Management can at its discretion change
the days and times of the "On Duty" week; however, all work units will have
consistent "On Duty" weeks and times and the "On Duty" period must be seven
days.
D. While "On Duty" within your work unit, you are not eligible to sign up for Street
& Utilities Operations snow "On Duty". Assignments of AM & PM on call shifts will
mirror the AM and PM snow shifts.
E. To be eligible to be "On Duty" in Street & Utilities Operations, employees must also
be assigned to the corresponding AM or PM Street & Utilities Operations planned
overtime assignment (Article 26.3E, 26.5A, and 26.5B).
F. All other overtime during the snow and ice season that is not shift related will be
the responsibility of the "On Duty" employees for their respective AM or PM shifts.
For snow event situations the "On Duty" list that will be used based on what shift is listed
for the time of the snow event necessitating the call-in. Of the "On Duty" list the phones
will be divided evenly between the AM/PM shifts.
If the need for overtime is initiated between 9 PM and 9 AM, then the AM "On Duty"
personnel will be called to report to work. If the need for overtime is initiated between 9 AM
and 9 PM, then the PM "On Duty" personnel will be called to report to work.
Section 35.7 "On Duty" — Communications. The Employer will provide and
maintain, at its expense, the necessary communication device (pager, mobile phone,
etc.) to those Bargaining Unit members in an "On Duty" status. In order to be in an
"On Duty" status and/or while in an "On Duty" status, the employee must be in the
"coverage area" of the communication device provided by the City.
Section 35.8 "On Duty" Notification. Those Bargaining Unit Members in an "On
Duty" status will be notified of the need to fulfill a short notice overtime assignment
via the communication device provided per Section 35.7, above. The Employer will make
the necessary notification by "calling" (not two-way) the Bargaining Unit members in the
"On Duty" status by Division and work unit by seniority. The Employer will call members
from most senior to least senior. If a member does not immediately answer when called,
the Employer will go to the next most senior member on the list and continue this process
until the necessary numbers of members respond. If not enough members respond after
calling all members in the "On Duty" status for that work unit, the Employer may either
start at the top of the list again, then initiate calls to members of the same work unit, not
in an "On Duty" status. Should the Employer determine the "On Duty" list does not possess
the appropriate skilled personnel to deal with a particular situation on hand, the Employer
reserves the right to call in the appropriately trained personnel. Those in the "On Duty"
status will still receive "On Duty" pay.
Section 35.9 "On Duty " Response. Those Bargaining Unit members in an "On Duty"
status will verbally respond to a notification immediately upon receipt. Once the Bargaining
Unit member verbally responds, they must report to the Service Center within thirty-
five (35) minutes. Failure to respond, verbally and/or physically, to a notification while
in "On Duty" status will result in a forfeiture of "On Duty" pay for that day. Should the
report time be greater than 45 minutes from the time of the call employees will begin
being paid at the time they report and clock in, and not from the time of the call. Failure
to respond to a notification twice in one (1) seven (7) day period, while in "On Duty"
status, may result in the Bargaining Unit member being barred from "On Duty" status for
no longer than two (2) consecutive weeks.
Section 35.10 "On Duty" Inability to Perform. If a Bargaining Unit Member cannot
meet the obligation of the "On Duty" status for which they has been selected, the employee
must provide twenty-four (24) hours' notice to the "On Duty" supervisor in advance. The
Member will offer the "On Duty" phone to the most senior Bargaining Unit member who is
assigned to that shift/department. The member will then not be paid "On Duty" pay for
those hours not in an "On Duty" status. Repeated requests from a Member to be removed
from "On Duty" status may result in the Bargaining Unit member being barred from "On
Duty" status for no longer than two (2) consecutive weeks.
Section 35.11 "On Duty" Fit for Duty. Bargaining Unit Members placed in an "On
Duty" status must refrain from alcohol/drug consumption and activities, which may
preclude them from being fit to perform assigned work when responding to a
notification. The following addresses the issue of fitness for duty in relation to Sick Leave:
A. That should a member call in sick for their regularly scheduled shift on a day on
which they are serving in an "On Duty" capacity, that member must call their on-
call Crew Supervisor by 3:00 p.m. (for all first shift employees) and by 9:30 p.m. (for
all second shift employees) that same day to advise the "On Duty" Crew
Supervisor regarding whether they are still too sick to fulfill their obligation for
that evening, if called upon, or has recovered to the point they can successfully
fulfill the obligation if called upon. Should the member advise the "On Duty" Crew
Supervisor that they are fit to fulfill the obligation for that evening, if called upon,
they will remain "On Duty" status. Should the member advise the "On Duty" Crew
Supervisor that they are unfit to fulfill the obligation if called upon, then they will
forfeit "On Duty" pay until they have again returned to their regularly scheduled shift
without illness.
B. That should a member advise an "On Duty" Crew Supervisor (when calling in later
that day) that they are fit to fulfill the obligation that evening if called upon, and
later that evening, when called in, reports for work in an obviously unfit capacity
due to illness ( i.e. vomiting, weakness), such that a reasonable "On Duty" Crew
Supervisor would have a legitimate concern for the member's own safety, the safety
55
of fellow members, or the safety of the general public, the "On Duty" Crew
Supervisor may send the member home and the member will forfeit the "On Duty"
pay until which time they again report for their regularly scheduled day shift
without illness.
C. That should a member be on approved FMLA (Family and Medical Leave Act) Leave
(for their own serious health condition) for the time frame that overlaps with the
time a member is in "On Duty", the member will forfeit "On Duty" pay for the
duration of the time the member is on such FMLA Leave.
D. It is acknowledged that extenuating circumstances, which justify the use of Sick
Leave, may exist where the employee is still fit for duty and is still able to
respond to "On Duty" situations. Examples of such are as follows:
1. when a member has a scheduled Doctor's or Dentist's appointment
during that day; and
2. when a member is taking care of a sick family member.
Section 35.12 "On Duty" Pay. Bargaining Unit members in "On Duty" status will be
compensated at the rate of $1.05 per hour for those hours in "On Duty" status outside the
employee's normally scheduled work hours and when not in an overtime status. Bargaining
unit members will not be compensated for "On Duty" status during lunch/dinner/meal break
periods. Further, hours in an "On Duty" status do not constitute hours in paid status for
purpose of computing overtime. The calculation of hours worked for an employee in "On
Duty" status will commence upon the employee speaking with the "On Duty" supervisor and
confirming that they are responding to work until they "clock out."
ARTICLE 36
EMPLOYEE INCENTIVE PROGRAMS/ DISCOUNTS
Section 36.1 Employee Incentive Programs. Members of the bargaining unit will be
eligible for employee incentive programs (e.g. Wellness Program incentives/awards, etc.)
offered to other non -bargaining unit employees of the City. Eligibility to participate in these
incentive programs and receipt of any awards through these programs will be governed by
the written program rules, regulations, and requirements as approved by the City Manager.
Section 36.2 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 37
TRAVEL/MILEAGE REIMBURSEMENT
Section 37.1 Reimbursement. Whenever an employee is authorized to engage in or to
undertake official business for the City, that employee will be reimbursed for reasonable
and necessary expenses and travel. If practicable, the employee will be allowed the use of
a City vehicle for travel. If not practicable, reimbursement for authorized use of a personal
automobile will be at the standard rate per mile set by the Internal Revenue Service. The
City Manager is hereby authorized to establish and implement reasonable regulations
regarding reimbursement for expenses and travel.
ARTICLE 38
PROVISION OF MEALS UNDER UNUSUAL, EMERGENCY, OR SPECIAL
CONDITIONS
Section 38.1 Provision of Meals. When employees are required by the City to work
under unusual, emergency, or special conditions (e.g. snow removal, traffic control for
festivals and special events, disasters, required City functions, etc.) where meal breaks
would not be practical or possible, the City will provide meals to such employees.
The City will determine the methodology, means, procedures, and maximum cost
associated with providing such meals and the City Manager will establish reasonable
regulations governing the provision of such meals.
ARTICLE 39
REQUIRED LICENSES, REGISTRATIONS, OR CERTIFICATIONS
Section 39.1 Required Licenses, Registrations, or Certifications. Any costs/fees
associated with obtaining any Employer required licenses, registrations, or certifications,
after appointment, as listed in the City's job classification descriptions for Maintenance
Worker, Fleet Technician and Electrical Worker. (e.g. Commercial Driver's License, Public
Operator's Pesticide Application License, National Institute of Automotive Service
Excellence certifications) will be paid by the Employer. In addition, reasonable effort
will be made by the Employer to accommodate the need for employees to take any required
examinations during the employees' regular work hours.
ARTICLE 40
CLOTHING, EQUIPMENT, AND PERSONAL PROPERTY
Section 40.1 Shoe, Glove and Carhart Allowance. All bargaining unit employees will
be provided an allowance for the cost of steel -toed safety shoes, required gloves and
Carhart outerwear in an amount of $450.00 per calendar year. Each bargaining unit
employee will receive his or her allowance on the second regularly scheduled pay
distribution of each calendar year. The Carhart outerwear must be brown/tan in color and
must be kept clean. When such outerwear is excessively worn, it must be discarded
57
and replaced by the employee. The City reserves the right to require outerwear that
is excessively worn to be replaced by the employee. It is the employee's choice on
what type of outerwear is purchased.
Section 40.2 Prescription Safety Glasses. Once during the term of this Contract, the
City will provide prescription safety glasses, as needed and with proper supporting
documentation, to employees who are required to wear safety glasses in the performance
of their job duties. The cost to the City will not exceed $175.00.
Section 40.3 Damaged Personal Property. Prescription eye glasses, contact lenses,
or watches, which are damaged during the performance of the employee's assigned job
duties, will be replaced by the City, except where the damage is due to the employee's
fault, via a reimbursement procedure, up to a maximum of one- hundred dollars
($100.00) in any calendar year. Requests for the replacement of the above named
damaged personal property must be submitted in writing to the Division Director, identifying
the circumstances under which the damage occurred as well as the type, brand name,
model, value, and condition of the property prior to the damage occurring, together with
the damaged property. If such request is subsequently approved, the employee will be
reimbursed for the purchase of replacement personal property, as named above, which, in
all respects, is substantially similar to that which was damaged, up to the maximum value
identified above, provided that the employee submits a valid receipt identifying the type,
brand name, model, dollar amount, etc. of the property purchased as a replacement.
ARTICLE 41
TOOL REPLACEMENTS/UPGRADES
Section 41.1 Amount. Members assigned to the classification of Fleet Technician I will
be paid $1,350 per calendar year for the maintenance repair, and replacement of their
tools. Each Fleet Technician I will receive the allowance via separate deposit on the third
regularly scheduled pay distribution of each calendar year.
ARTICLE 42
DURATION
Section 42.1 Duration. All of the provisions of this Agreement will become effective
upon execution by a representative of both parties, unless otherwise specified. This
Agreement will continue in full force and effect for a term of three (3) years from
September 1, 2019 except as provided below.
On July 1, 2020, this collective bargaining agreement will reopen for bargaining related
solely to Wages, Article 22, Section 22.1, and Insurance, Article 32 for the second and
third years of the contract. The parties agree that the procedures set forth in Ohio
Revised Code related to public sector bargaining will apply.
Section 42.2 Signatures. Signed and dated at Dublin, Ohio on or as of the
day of
UNITED STEELWORKERS:
Thomas M. Conway, International President USW
Fred Redman, Vice President USW
David R. MCDall, Vice President USW
Stanley W. Johnson, Secretary/Treasurer USW
Donnie Blatt, Director of District 1 USW
Mark Shaw, Key Staff Representative USW
Mike Bliss, Unit Chair 911
59
CITY OF DUBLIN:
Dana L. McDaniel, City Manager
Homer C. Rogers, Jr., Director of Human Resources
Matt Stiffler, Deputy Director of Finance
Megan D. O'Callaghan, Director of Public Works
Matthew C. Earman, Director of Parks & Recreation
Whitney S. Aebker, Human Resources Business Partner
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,i(e�V 9aR R¢pcenarNe lbW
�reL. Mtl)an ,City Moray
M alDxt
Chair 9110
Home C. Rojars, ,Dravor MHR
61