54-10 ResolutionRECORD OF RESOLUTIONS
Blank. Ina., Farm No. 30015
Resolution No
54 -10
Passed 20
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO A COLLECTIVE
BARGAINING AGREEMENT WITH UNITED
STEELWORKERS OF AMERICA REGARDING
WAGES, HOURS, AND TERMS AND CONDITIONS
OF EMPLOYMENT FOR EMPLOYEES WITHIN THE
MAINTENANCE WORKER, AUTO MECHANIC I
AND CUSTODIAL WORKER BARGAINING UNIT.
WHEREAS, the City of Dublin and the United Steelworkers of America have reached
tentative agreement regarding wages, hours, terms and conditions of employment for
employees within the Maintenance Worker, Auto Mechanic, and Custodial Worker
bargaining unit; and
WHEREAS, Council has determined that the attached Agreement should be ratified
by Council.
NOW, THERERE BE IT RESOLVED by the Council of the City of Dublin,
State of Ohio, of the elected members concurring:
Section 1 . That the City Manager be, and hereby is, authorized to enter into the
attached Collective Bargaining Agreement with the United Steelworkers of America
Ohio regarding wages, hours, and terms and conditions of employment for employees
within the Maintenance Worker, Auto Mechanic, and Custodial Worker bargaining
unit.
Section 2 . That, 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 . That this Resolution shall be effective immediately upon passage as
provided under Section 4.04 (a) of the Revised Dublin Charter.
Passed this LEA day of - �/q I)e M -ej/ , 2010.
Mayor - Pre, ! i g Officer
MAINZ:"
Clerk of Council
CITY OF DUBLIN-
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017 -1090
Phone: 614 - 410 -4400 • Fax: 614- 410 -4490
To: Members of Dublin City Council
From: Marsha I. Grigsby, Interim City Manager 1�
Date: November 10, 2010
Initiated By: David Harding, Director of Human Resources
Memo
Re: Resolution No. 54 -10, Ratifying a New Collective Bargaining Agreement
with the United Steelworkers of America
Summary
Attached for your consideration is Resolution No. 54 -10, authorizing the City Manager to enter into
a Collective Bargaining Agreement (CBA) with the United Steelworkers of America regarding
wages, hours, and terms and conditions of employment for employees within the Maintenance
Worker, Auto Mechanic I, and Custodial Worker bargaining unit. (This bargaining unit is
comprised of 79 employees within the Divisions of Streets & Utilities, Parks, Facilities
Management, and Engineering.)
Also attached for your reference is a copy of the final "Negotiation Status Report" providing a
capsule summary of the changes from the previous Agreement. In addition, attached is a
"publication ready" copy of the proposed CBA and a "redline" version showing the changes from
the previous Agreement.
The term of this Agreement is three (3) years, from September 1, 2010 through September 1, 2013.
The Bargaining Unit conducted a ratification vote on the proposed CBA on November 4, 2010 and
consequently ratified the proposed CBA by an extensive margin.
Key Economic Terms
As a preface to addressing the key economic terms in this Agreement, it should be emphasized that
the basis on which management evaluated the appropriateness of economic changes to the
Agreement was a detailed set of wage and benefit comparables gathered from other local
government jurisdictions in the Central Ohio area. In addition, internal comparables were an
equivalent deciding factor as well. These internal /external wage and benefit comparables were
critical to management in determining whether economic changes were justifiable.
The two key economic issues in this negotiation process were Wages (Article 23) and Health
Insurance (Article 33). So critical were these issues to both parties that the respective bargaining
teams invested considerable time and energy in a process specifically designed to foster a better
understanding of each party's relative interests and resolve their differing perspectives. In this
regard, both parties engaged in Mediation, which ensured that each of the parties' relative interests
had been fully vetted. Resolution of the parties' differing perspectives was achieved via a package
proposal encompassing both issues. Following is an executive summary reflecting the outcome:
Memo to Council re Resolution 54 -10 — USW Agreement
November 10, 2010
Page 2 of 4
Executive Summary
Wages and Health Insurance Package
Rates of Pay & Wages'
Job Classification (s)
Year
Outcome
Maintenance Worker,
Current 8 -step wage structure converted to an I I -step structure; current step 1
Auto Mechanic
2011
remains unchanged, with no increase, and current top step 8 becomes new step
11, with no increase; steps have been adjusted for distribution from the current 8-
step structure to the 11 -step structure, resulting in smaller increments between
steps: hum sum payments of1 %on1- l- 11and.5 %on7 -1 -11.
Maintenance Worker,
1.98% annual wage structure adjustment only at top step of wage structure; lump
Auto Mechanic
2012
sum payments of 1% on 1 -1 -12 and .5% on 7 -1 -12 for employees below top step
of wage structure; .5 % lump sum payment for employees at top step of wage
structure.
Maintenance Worker,
2013
1.5% annual wage structure adjustment across the board.
Auto Mechanic
Custodial Worker
2011
No annual wage structure adjustment; lump sum payment of .5% on 1 -1 -11 and
.5% on 7 -1 -11.
Custodial Worker
2012
No annual wage structure adjustment; lump sum payment of .5% on 1 -1 -11 and
.5% on 7 -1 -11.
Custodial Worker
2013
No annual wage structure adjustment; lump sum payment of .5% on 1 -1 -11 and
.5% on 7 -1 -11.
Health Insurance'
2011 2012 2013
Classification
Deductible
HSA Funding Level
Co- Insurance
Out of Pocket Max
All
Single: $2,500
Single (Base): $1,125
In Network: 85/15
Single: $4,000
Bargaining
(45% of Deductible)
Unit
Family: $5,000
Out of Network: 60/40
Family: $8,000
Members
Single (Incentives): $600
(69% of Deductible)
Family (Base): $2,250
(45% of Deductible)
Family (Incentives): $1,200
69% of Deductible)
' For the period of September 1, 2009 until January 1, 2011, there are no increases to the current wage structure for any
of the classifications (Maintenance Worker, Auto Mechanic 1, Custodial Worker). In addition, there are no changes to
the current Longevity Pay schedule, Shift Differential rate, or On -Call pay rate (Article 36) for the term of the
Agreement. The wage and benefit comparables did not support any change to these areas of the Agreement.
2 The union health insurance plan is identical to the plan implemented for non -union personnel. As Council is aware,
this plan is a Consumer Driven Health Plan, combining the features of a high- deductible health insurance plan and
Health Savings Accounts. Under this plan, covered plan participants are required to first meet the deductible level of
$2,500 for single coverage and $5,000 for family coverage, with the exception of preventive care (covered at 100 %).
The individual employee health savings accounts will be partially funded (45% of deductible) by the City through a
base contribution for participation in the employee wellness program; employee has the option to cam incentive
contributions (up to a total of 69% of deductible) by meeting certain biometric health measures.
Memo to Council re Resolution 54 -10 — USW Agreement
November 10, 2010
Page 3 of 4
Other economic issues also resolved through package proposals included Holidays (Articles 24), Personal
Leave (Article 25), Sick Leave (Article 26), Hours of Work & Overtime (Article 27), Vacation Leave
(Article 29) and Bereavement Leave (Article 31), Uniforms and Equipment (Article 41), and Tool
Replacement/Upgrades (Article 42). The details of both packages are shown in the following table:
Summary
Holidays I Personal Leave
Current
number of
holidays
(9)
(Matches
FOP Lodge
and non-
union)
One additional
day of personal
leave (total of
5) and pro -rated
schedule for
new hires.
(Matches FOP
Lodge and non-
union)
Increase in
premium
pay from
time -and-
one -half to
double time
for work on
observed
holiday.
(Less than
FOP
Lodge.)
Sick Leave
Reduction from 18 days
to 15 days per year.
(Matches FOP Lodge)
(Gain for City)
Enhanced annual and
"upon separation'
option
(matches FOP Lodge, but
less than non - union):
Annual Conversion
Minimum sick leave
balance or 500 hours at
end of year; 40 or less
hours of sick leave usage
during previous 12 mos.;
Maximum conversion of
28 hours at ratio of 1:1.
Upon Separation
Separation in good
standing; minimum of 10
years of FT Public
Service, 5 of which must
be in FT continuous
service with Dublin;
minimum sick leave
balance of 500 hours at
time of separation;
maximum payment —1/3
of balance uo to 700 hrs.
Vacation Leave
Minor change to
structure (5 -9 years
instead of 5 -10 and 10-
15 instead of 11 -15).
(matches FOP Lodge
and non -union structure)
Small increase in
vacation accrual (180 to
182 at 10 -15 yr. level,
200 to 208 at 16 -20 yr.
level, 230 to 246 at 21
yrs. or more level).
(matches non - union)
Max. carry over cap
raised to 240 hours with
20 years of service.
(Matches FOP Lodge
and non - union)
Annual conversion to
match FOP #9 and non-
union (non - d
Conversion Conditions:
Min. of 11 yrs. of public
service; min. balance of
120 hours as of I' pay
period in December;
max. conversion of 40
hours at ratio of 1:1.
Bereavement
Hours of
Leave
Work/O.T
Reduction
Change from
from 5 to 3
one hour unpaid
bereavement
lunch break to
days; not
two 15- minute
charged to
paid breaks.
Sick Leave
(Efficiency gain
(matches
for City)
non - union).
(Gain for
Provision
City)
allowing
management to
unilaterally
change
scheduled work
hours
(Strengthens
management
rights)
Limitation on
annual accrual
of comp. time
of 320 hours
(inclusive of
usage during
same year). (No
current
limitation on
annual accrual.)
(Efficiency gain
Tools
Winter Carhart outerwear added to shoe & boot allowance with an annual increase from
$240 to $450, instead of current "replacement as needed" program. (City has right to
require replacement for excessive wear upon sight inspection). (Efficiency gain for City)
Amount for safety glasses (one pair per cont term) increased from $100 to $125.
Annual amount for Auto
Mechanic tool replacement
increased from $650 to $800.
3 Changes to Personal, Vacation, Sick, and Bereavement Leave are no higher than current non -union levels.
Memo to Council re Resolution 54 -10 — USW Agreement
November 10, 2010
Page 4 of 4
The fiscal impact of the wage package in this Agreement is projected to be $308,000 over the term
of the Agreement. This projection includes an overtime compensation calculation, which is based
on the overtime compensation received by each employee in 2009. The fiscal impact associated
with the changes in Clothing/Equipment Allowance and Tool Upgrade allocation is estimated at
520,200 over the term of the Agreement. The total estimated fiscal impact over the term of the
agreement is projected to be approximately $328,200.
Recommendation
Staff recommends the adoption of Resolution 54 -10 at the November 15, 2010 Council meeting.
Attachments
USW NEGOTIATION
STATUSREPORT
11 -5 -10
Article
Union Proposals
Mgt Proposals
Status
Comments
(D ates)
(Dates
1. Agreement
8/9/10
8/9/10
T.A.
No Change - parties agree on current language.
8/9/10
2. Recognition
8/9/10
8/12/10
T.A.
Minor change in description of bargaining unit— removed Sign
8/12/10
Worker and Auto Service Worker from description (no employees
in such classifications). Added Fleet Management as a unit within
which bargaining unit members are assigned.
3. Dues Check Off /
8/9/10
8/9/10
T.A.
No Change - parties agree on current language.
Fair Share
8/9/10
4, No Strike/ No
8/9/10
8/9/10
T.A.
No Change - parties agree on current language.
Lockout
8/9/10
5. Non Discrimination
8/9/10
8/12/10
T.A.
Minor addition to current language regarding union and City
8/12/10
working jointly to maintain a culture free from discrimination and
to promote equal opportunity in the application of CBA.
6. Management Rights
8/9/10
8/12/10
T.A.
No Change - parties agree on current language.
8/12/10
7. Labor / Management
8/9/10
8/12/10
T.A.
No Change - parties agree on current language.
Meetings
8/12/10
8. Bargaining Unit
8/9/10, 8/23/10,
8/23/10, 8/24/10
T.A.
Minor change in 8.1 — clarifying work unit titles to reflect
Business
8/24/10
8/24/10
organizational structure. Changed reference from "Streets &
Utilities /Automotive" to "Streets & Utilities, and fleet/sign shop."
Page 1 of 10
Article
Union Proposals
Mgt Proposals
Status
Comments
(Dates)
(Dates)
9 — Grievance Procedure
8/9/10
8/12/10
T.A.
Minor change in Step 1 to clarify grievance path. Titles changed to
8/12/10
reflect current organizational structure — specific Director titles
instead of "Division Head ".
10. Work Rules
8/9/10
8/9/10
T.A.
No Change - parties agree on current language.
8/9/10
11. Political Activity
8/9/10
8/9/10
T.A.
No Change - parties agree on current language.
8/9/10
12. Probationary Period
8/9/10
8/9/10
T.A.
No Change - parties agree on current language.
8/9/10
13. Employee Assistance
8/9/10
8/12/10
T.A.
No Change - parties agree on current language.
Program
8/12/10
14. Drug Free Workplace
8/9/10
8/9/10
T.A.
No Change - parties agree on current language.
8/9/10
15. Consumption of
8/9/10
8/12/10
T.A.
No Change - parties agree on current language.
Alcohol
8/12/10
16. Employee Drug &
8/9/10
8/12/10
T.A.
Minor change to 16.3 A. eliminating requirement to escort
Alcohol Testing
8/12/10
employee home in cases of post- accident testing; thus allowing the
Program
employee to return to work in a non - safety- sensitive capacity,
unless otherwise restricted by physician.
17. Use of Prescription &
8/9/10
8/12/10
T.A.
No Change - parties agree on current language.
"Over- The - Counter"
8/12/10
Medication
18. Layoffs
8/9/10
8/12/10
T.A.
No Change - parties agree on current language.
8/12/10
Page 2 of 10
Article
Union Proposals
Mgt Proposals
Status
Comments
(Dates)
(Dates)
19. Miscellaneous
8/9/10
8/12/10
T.A.
No Change - parties agree on current language.
8/12/10
20. Seniority
8/9/10
8/12/10
T.A.
Parties agree on standing MOU language.
8/12/10
21. Discipline
8/9/10
8/9/10
T.A.
No Change - Parties agree on current language.
8/9/10
22. Personnel Records
8/9/10
8/9/10
T.A.
Parties agree on current language.
8/9/10
23. Rates of Pay / Wages
8/9/10, 9/20/10,
8/23/10, 9/20/10,
T.A.
Package
on Articles 23 - Wages and 33 — Insurance as follows:
10/8/10, 10/8/10,
9/20/10, 10/8/10,
10/28/10
Wages
10 /18 /10 —M,
10 /18 /10 -M,
Custodial Workers
10 /18 /10 -M,
10 /18 /10 -M,
No annual wage structure adjustment throughout term of
10/28/10 -M
10/28/10 -M
agreement.
• Lump sums of .5% on January 1 and July 1 of 2011, 2012, and 2013.
Maintenance Workers & Auto Mechanics
Preface
• Key to outcome was Management's strength in holding to its Final
Mediation Wage Proposal. Final proposal was predicated on the
redistribution of the steps within the wage structure, leading to a
reduction in the percentage differential between each step and the
reallocation of some of resulting savings to employees at the top step
through lump sums payments. (Union's main interest was to take
care of the members at top step.)
• Path we had been following (i.e. maintaining current step
differentials; lump sums only in 2011 and 2012; base increase in
2013) would have been more costly to the City by around $60,000
over the term of the agreement. This original path would have had an
overall bargaining unit cost of approximately $375,000 compared to
the "step redistribution" concept's cost of approximately $315,000.
Page 3 of 10
Article
Union Proposals
Mgt Proposals
Status
Comments
(Dates)
(Dates)
Outcome
• In 2011 no annual wage structure adjustment — lump sums of
1 % on Jan 1 and .5% on July 1.
• In 2012 1.98% annual wage structure adjustment only at top
step; lump sums of 1 % on Jan 1 and .5% on July 1 below top
step; .5% lump sum only for employees at top step. (1.98%
structure adjustment maintains our current position in
comparables — still #2).
• In 2013 1.5% annual wage structure adjustment across the board.
Health Insurance
Deductible
NSA Funding Level
Co -Ins.
OPM
Single: $2,500
Single (Base): $1,125
In
Single: $4,000
(45% of Deductible)
Network:
Single Qncentives): $600
85115
(69% of Deductible)
Family: $5,000
Family: $8,000
Family (Base): $2,250
Out of
(45% of Deductible)
Network:
Family Qncentives): $1,200
60/40
(69% of Deductible)
Tier
Benefits 1 -1 -11
Benefits 1/1/12
Benefits 1/1/13
Tier
15% per Rxto
15% per Rxto
15% per Rx to max
Gen.
max co -pay of
max co -pay of $25
co -pay of $25
$25
Tier
25% per Rxto
25% per Rxto
25% per Rx to max
On Formulary
max co -pay of
max co -pay of
co -pay of $100
$100
$100
Tier
30% per Rxto
30% per Rxto
30% per Rx to max
Non - Formulary
max co -pay of
max co -pay of
co -pay of $200
Dmgs (Except
$200
$200
Specialty Drugs)
24. Holidays
8/9/10, 8/24/10,
8/23/10, 8/24/10,
T.A.
Part of a package including Articles 24 (Holidays), 25 (Personal
8/24/10, 8/30/10,
8/30/10, 8/30/10,
8/31/10
Leave), 26 (Sick Leave), 27 (Hours of Work and Overtime), 29
8/30/10, 8/31/10,
8/31/10, 8/31/10,
(Vacation Leave) and 31 (Special Leaves). Increase in premium
8/31/10
8/31/10
pay from rime - and - one -half to double time for work on observed
holiday; 1 additional day of Personal Leave w/ prorated schedule
for new hires (to match non -union schedule); reduction in Sick
Leave from 18 to 15 days per year and enhanced conversion
option same as FOP #9, but less than non-union); change from
Page 4 of 10
Article
Union Proposals
Mgt Proposals
Status
Comments
(Dates)
(Dates)
one hour unpaid lunch break to two 15- minute paid breaks and a
limitation on the annual accrual of compensatory time of 320
hours (inclusive of usage during that same year); minor change to
structure (5 -9 yrs. instead of 5 -10 and 10 -15 instead of 11 -15) and
small increase in vacation accrual (180 to 182 at 10 -15 year level,
200 to 208 at 16 -20 year level, 230 to 246 at 21 years or more
level) to match non -union schedule; annual vacation conversion to
match FOP #9 and non - union; reduction from 5 to 3 bereavement
days, not charged to Sick Leave (matches non - union).
25. Personal Leave
8/9/10, 8/23/10,
8/23/10, 8/23/10,
T.A.
Part of a package including Articles 24 (Holidays), 25 (Personal
8/24/10, 8/31/10
8/23/10, 8/30/10,
8 -31 -10
Leave), 26 (Sick Leave), 27 (Hours of Work and Overtime), 29
8/31/10
(Vacation Leave) and 31 (Special Leaves). Increase in premium
pay from time - and - one -half to double time for work on observed
holiday; 1 additional day of Personal Leave w/ prorated schedule
for new hires (to match non -union schedule); reduction in Sick
Leave from 18 to 15 days per year and enhanced conversion
option (same as FOP #9, but less than non - union); change from
one hour unpaid lunch break to two 15- minute paid breaks and a
limitation on the annual accrual of compensatory time of 320
hours (inclusive of usage during that same year); minor change to
structure (5 -9 yrs. instead of 5 -10 and 10 -15 instead of 11 -15) and
small increase in vacation accrual (180 to 182 at 10 -15 year level,
200 to 208 at 16 -20 year level, 230 to 246 at 21 years or more
level) to match non -union schedule; annual vacation conversion to
match FOP #9 and non - union; reduction from 5 to 3 bereavement
days, not charged to Sick Leave (matches non - union).
26. Sick Leave
8/9/10, 8/23/10,
8/23/10, 8/23/10,
T.A.
Part of a package including Articles 24 (Holidays), 25 (Personal
8/24/10
8/2410, 8/30/10,
8 -31 -10
Leave), 26 (Sick Leave), 27 (Hours of Work and Overtime), 29
8/31/10
(Vacation Leave) and 31 (Special Leaves). Increase in premium
pay from time - and - one -half to double time for work on observed
holiday; 1 additional day of Personal Leave w/ prorated schedule
Page 5 of 10
Article
Union Proposals
Mgt Proposals
Status
Comments
(Dates)
(Dates)
for new hires (to match non -union schedule); reduction in Sick
Leave from 18 to 15 days per year and enhanced conversion
option (same as FOP #9, but less than non - union); change from
one hour unpaid lunch break to two 15- minute paid breaks and a
limitation on the annual accrual of compensatory time of 320
hours (inclusive of usage during that same year); minor change to
structure (5 -9 yrs. instead of 5 -10 and 10 -15 instead of 11 -15) and
small increase in vacation accrual (180 to 182 at 10 -15 year level,
200 to 208 at 16 -20 year level, 230 to 246 at 21 years or more
level) to match non -union schedule; annual vacation conversion to
match FOP #9 and non - union; reduction from 5 to 3 bereavement
days, not charged to Sick Leave (matches non - union).
27. Hours of Work &
8/9/10, 8/23/10,
8/23/10, 8/23/10,
T.A.
Part of a package including Articles 24 (Holidays), 25 (Personal
Overtime
8/30/10, 8/30/10,
8/24/10, 8/24/10,
8/31/10
Leave), 26 (Sick Leave), 27 (Hours of Work and Overtime), 29
8/30/10, 8/31/10,
(Vacation Leave) and 31 (Special Leaves). Increase in premium
8/31/10
pay from time - and - one -half to double time for work on observed
holiday; 1 additional day of Personal Leave w/ prorated schedule
for new hires (to match non -union schedule); reduction in Sick
Leave from 18 to 15 days per year and enhanced conversion
option (same as FOP #9, but less than non - union); change from
one hour unpaid lunch break to two 15- minute paid breaks and a
limitation on the annual accrual of compensatory time of 320
hours (inclusive of usage during that same year); minor change to
structure (5 -9 yrs. instead of 5 -10 and 10 -15 instead of 11 -15) and
small increase in vacation accrual (180 to 182 at 10 -15 year level,
200 to 208 at 16 -20 year level, 230 to 246 at 21 years or more
level) to match non -union schedule; annual vacation conversion to
match FOP #9 and non - union; reduction from 5 to 3 bereavement
days, not charged to Sick Leave (matches non - union).
28. Reinstatement From
8/9/10
8/9/10
T.A.
No Change - parties agree on current language.
Certain Personnel
8/9/10
Actions
Page 6 of 10
Article
Union Proposals
Mgt Proposals
Status
Comments
(Dates)
(Dates)
29. Vacation Leave
8/9/10, 8/23/10,
8/23/10, 8/23/10,
TA
Part of a package including Articles 24 (Holidays), 25 (Personal
8/24/10, 8/24/10,
8/24/10, 8/30/10,
8/31/10
Leave), 26 (Sick Leave), 27 (Hours of Work and Overtime), 29
8/24/10, 8/30/10,
8/31/10
(Vacation Leave) and 31 (Special Leaves). Increase in premium
pay from time - and - one -half to double time for work on observed
holiday; 1 additional day of Personal Leave w/ prorated schedule
for new hires (to match non -union schedule); reduction in Sick
Leave from 18 to 15 days per year and enhanced conversion
option (same as FOP #9, but less than non - union); change from
one hour unpaid lunch break to two 15- minute paid breaks and a
limitation on the annual accrual of compensatory time of 320
hours (inclusive of usage during that same year); minor change to
structure (5 -9 yrs. instead of 5 -10 and 10 -15 instead of 11 -15) and
small increase in vacation accrual (180 to 182 at 10 -15 year level,
200 to 208 at 16 -20 year level, 230 to 246 at 21 years or more
level) to match non -union schedule; annual vacation conversion to
match FOP #9 and non - union; reduction from 5 to 3 bereavement
days, not charged to Sick Leave (matches non - union).
30. Injury Leave
8/9/10
8/23/10
TA
No Change - parties agree on current language.
8/23/10
31. Special Leaves
8/9/10,
8/23/10, 8/23/10,
TA
Part of a package including Articles 24 (Holidays), 25 (Personal
8/23/10,8/23/10,
8/30/10, 8/31/10
8/31/10
Leave), 26 (Sick Leave), 27 (Hours of Work and Overtime), 29
8/24/10
(Vacation Leave) and 31 (Special Leaves). Increase in premium
pay from time - and - one -half to double time for work on observed
holiday; 1 additional day of Personal Leave w/ prorated schedule
for new hires (to match non -union schedule); reduction in Sick
Leave from 18 to 15 days per year and enhanced conversion
option (same as FOP #9, but less than non - union); change from
one hour unpaid lunch break to two 15- minute paid breaks and a
limitation on the annual accrual of compensatory time of 320
hours (inclusive of usage during that same year); minor change to
structure (5 -9 yrs. instead of 5 -10 and 10 -15 instead of 11 -15) and
small increase in vacation accrual (180 to 182 at 10 -15 year level,
Page 7 of 10
Article
Union Proposals
Mgt Proposals
Status
Comments
(Dates)
(Dates)
200 to 208 at 16 -20 year level, 230 to 246 at 21 years or more
level) to match non -union schedule; annual vacation conversion to
match FOP #9 and non - union; reduction from 5 to 3 bereavement
days, not charged to Sick Leave (matches non - union).
32. Leave Donation
8/9/10
8/23/10
TA
No Change - parties agree on current language.
Program
8/23/10
33. Insurance
8/9/10, 9/20/10,
8/24/10, 9/20/10,
T.A.
packa
e on Articles 23 - Wages and 33 - Insurance as follows:
10/8/10, 10/8/10,
10 /18 /10 —M,
9/20/10, 10/8/10,
10 /18 /10 -M,
10/28/10
Waees
Custodial Workers
10 /18 /10 -M,
10 /18 /10 -M,
No annual wage structure adjustment throughout term of
10/28/10 -M
10/28/10 -M
agreement.
• Lump sums of .5% on January 1 and July 1 of 2011, 2012, and 2013.
Maintenance Workers & Auto Mechanics
Preface
• Key to outcome was Management's strength in holding to its Final
Mediation Wage Proposal. Final proposal was predicated on the
redistribution of the steps within the wage structure, leading to a
reduction in the percentage differential between each step and the
reallocation of some of resulting savings to employees at the top step
through lump sums payments. (Union's main interest was to take
care of the members at top step.)
• Path we had been following (i.e. maintaining current step
differentials; lump sums only in 2011 and 2012; base increase in
2013) would have been more costly to the City by around $60,000
over the term of the agreement. This original path would have had an
overall bargaining unit cost of approximately $375,000 compared to
the "step redistribution" concept's cost of approximately $315,000.
Outcome
• In 2011 no annual wage structure adjustment — lump sums of
1 % on Jan 1 and .5% on July 1.
• In 2012 1.98% annual wage structure adjustment only at top
step; lump sums of 1 % on Jan 1 and .5% on July 1 below top
step; .5% lump sum only for employees at top step. (1.98%
structure adjustment maintains our current position in
comparables — still #2).
• In 2013 1.5% annual wage structure adjustment across the board.
Health Insurance
Page 8 of 10
Article
Union Proposals
Mgt Proposals
Status
Comments
(Dates)
(Dates)
Deductible
NSA Funding Level
Co -Ins.
OPM
Single: $2,500
Single (Base): $1,125
In
Single: $4,000
(45% of Deductible)
Network:
Single Qncentives): $600
85115
(69% of Deductible)
Family: $5,000
Family: $8,000
Family (Base): $2,250
Out of
(45% of Deductible)
Network:
Family Qncentives): $1,200
60/40
69% of Deductible
Tier
Benefits 1 -1 -11
Benefits 1/1/12
Benefits 1/1/13
Tier 1
15% per Rx to
15% per Rx to
15% per Rx to max
Gen.
max co -pay of
max co -pay of $25
co -pay of $25
$25
Tier 2
25% per Rx to
25% per Rx to
25% per Rx to max
On Formulary
max co -pay of
max co -pay of
co -pay of $100
$100
$100
Tier
30 % per Rxto
30 % per Rxto
30% per Rx to max
Non- Fornulay
max co -pay of
max co -pay of
co -pay of $200
Drugs (Except
$200
$200
Specialty Drugs)
34. Training & Tuition
8/9/10
8/9/10
T.A.
No Change - parties agree on current language.
Reimbursement
8/9/10
35. Training Assignments
8/9/10
8/23/10
TA
No Change - parties agree on current language.
8/23/10
36. Short Notice Overtime
8/9/10
8/12/10
T.A.
Parties agree on standing MOU language.
& "On Call"
8/12/10
37. Employee Incentive
8/9/10
8/9/10
T.A.
No Change - parties agree on current language.
Programs / Discounts
8/9/10
38. Travel / Mileage
8/9/10
8/9/10
T.A.
No Change - parties agree on current language.
Reimbursement
8/9/10
Page 9 of 10
Article
Union Proposals
Mgt Proposals
Status
Comments
(Dates)
(Dates)
39. Provision of Meals -
8/9/10
8/23/10
TA
Maximum dollar amount removed from contract— contract defers
Unusual, Emergency,
8/23/10
to Administrative Order 1.6. at current dollar amount.
Special Conditions
40. Licenses, Registrations
8/9/10
8/12/10
T.A.
Removed Auto Service Worker and Sign Worker titles- no
& Certifications
8/12/10
employees in such classifications.
41. Clothing, Equipment,
8/9/10,8/23/10,
8/23/10, 8/23/10,
TA
Parties agree to package (Articles 41 & 42: Carthart winter
& Personal Property
8/23/10
8/24/10
8/24/10
outerwear added to allowance; annual allowance increased from
$240 to $450; amount for safety glasses (one pair per contract
term) increased from $100 to $125; annual amount for Auto Mech
tool replacement increased from $650 to $800.
42. Tools / Replacement /
8/9/10, 8/23/10,
8/23/10, 8/23/10,
TA
Parties agree to package (Articles 41 & 42): Carthart winter
Upgrades
8/23/10
8/24/10
8/24/10
outerwear added to allowance; annual allowance increased from
$240 to $450; amount for safety glasses (one pair per contract
term) increased from $100 to $125; annual amount for Auto Mech
tool replacement increased from $650 to $800.
43. Duration
8/9/10
8/12/10
T.A.
Parties agree on 3 -year term.
8/12/10
Page 10 of 10
COLLECTIVE BARGAINING
AGREEMENT
THE CITY OF DUBLIN
AND
THE UNITED STEEL WORKERS OF
AMERICA
TERM OF AGREEMENT: SEPTEMBER 1, 2010 - SEPTEMBER 1, 2013
TABLE OF CONTENTS
ARTICLE 1 - AGREEMENT .........................................................................
..............................1
Section1.1 Agreement ...........................................................................
..............................1
Section1.2 Purpose ................................................................................
..............................1
Section1.3 Severability .........................................................................
..............................1
Section1.4 Applicability .......................................................................
..............................1
ARTICLE 2 - RECOGNITION ......................................................................
..............................1
Section2.1 Recognition ........................................................................
..............................1
Section 2.2 Bargaining Unit .............................................................
............................... 1 -2
ARTICLE 3 - DUES CHECKOFF /FAIR SHARE .......................................
..............................2
Section 3.1 Dues Check Off .............................................................
............................... 2 -3
Section3.2 Fair Share .......................................................................
............................... 2 -3
Section 3.3 PAC Check Off ...................................................................
..............................3
ARTICLE 4 - NO STRIKE /NO LOCKOUT ................................................
..............................4
Section4.1 Employer Pledge .................................................................
..............................4
Section4.2 Union Pledge .......................................................................
..............................4
Section 4.3 Applicability of Grievance Procedure .........................................................
.3 -4
Section 4.4 Employers Right to Discipline ............................................
..............................4
Section 4.5 Union Responsibility ..........................................................
..............................4
ARTICLE 5 - NONDISCRIMINATION .......................................................
..............................4
Section5.1 Joint Pledge ........................................................................
..............................4
Section 5.2 Gender Reference ...............................................................
..............................4
ARTICLE 6 - MANAGEMENT RIGHTS ....................................................
..............................4
Section 6.1 Management Rights .........................................................
............................4 -5
ARTICLE 7 - LABOR/MANAGEMENT MEETINGS ...............................
..............................6
Section7.1 Meetings .............................................................................
..............................6
ARTICLE 8 - BARGAINING UNIT BUSINESS .........................................
..............................6
Section 8.1 Unit Officials ....................................................................
............................6 -7
Section 8.2 Negotiating Committee .......................................................
..............................7
Section 8.3 Bargaining Unit Leadership Training .................................
..............................7
Section8.4 Cell Phone ..........................................................................
..............................7
ARTICLE 9 - GRIEVANCE PROCEDURE ................................................ ..............................7
Section 9.1 Definition/Jurisdiction ........................................................ ..............................7
Section 9.2 Qualifications .................................................................... ............................7 -8
Section9.3 Timeliness ........................................................................... ..............................8
Section 9.4 Grievance Form .................................................................. ..............................8
Section 9.5 Grievance Procedure ......................................................... ............................8 -9
Step1 - Division Head ...................................................................... ..............................9
i
Step 2 - City Manager or Designee
Step 3 - Arbitration ........................
Section 9.6 Working Days ..................
ARTICLE 10 - WORK RULES ...................
Section 10.1 Work Rules ...................
............................................... ..............................9
............................................... ..............................9
.............................................. .............................10
.............................................. .............................10
.............................................. .............................10
ARTICLE 11 - POLITICAL ACTIVITY .............
Section 11.1 Political Activity .....................
ARTICLE 12 - PROBATIONARY PERIOD.......
Section 12.1 New Hires ...............................
Section 12.2 Promotions ..............................
Section 12.3 Lateral Transfers .....................
.....10
10 -11
ARTICLE 13 - EMPLOYEE ASSISTANCE PROGRAM ......................... .............................11
Section 13.1 Employee Assistance .............................................. ............................... 11 -12
Section 13.2 Coverage Terms and Conditions ..................................... .............................12
Section 13.3 Other Terms and Conditions ................................... ............................... 12 -13
ARTICLE 14 - DRUG FREE WORKPLACE ............................................. .............................13
Section14.1
Purpose ............................................................................ .............................13
Section14.2
Policy ...................................................................... ...............................
13 -14
Section 14.3
Drug -Free Awareness & Employee Assistance ...... ...............................
14 -15
Section 14.4
Supervisory Training ...................................................... .............................15
Section 14.5
Non - Supervisor Training ................................................ .............................15
17
Section 14.6
Criminal Convictions & Notification Requirement . ...............................
15 -16
ARTICLE 15 - CONSUMPTION OF ALCOHOL ..................................... .............................16
Section15.1
Purpose ............................................................................ .............................16
Section15.2
Policy .............................................................................. .............................16
Section 15.3
Alcohol Awareness & Employee Assistance .......... ...............................
16 -17
Section 15.4
Supervisory Training ..................................................... .............................17
ARTICLE 16 - EMPLOYEE
DRUG & ALCOHOL TESTING PROGRAM .......................
17
Section 16.1
Purpose of Testing .................................................. ...............................
17 -18
Section 16.2
Terms and Conditions of Testing .................................... .............................18
Section 16.3
Drug and Alcohol Testing Procedures .................... ...............................
18 -20
Section 16.4
Referral To Employee Assistance Program .................... .............................20
ARTICLE 17 - USE OF PRESCRIPTION & "OVER- THE - COUNTER" MEDICATION 20
Section17.1
Purpose ............................................................................ .............................20
Section 17.2
General Terms & Conditions .................................. ...............................
20 -21
Section 17.3
Failure to Notify Supervisor ........................................... .............................21
ARTICLE 18 - LAYOFFS ............................................................................. .............................21
Section18.1 Layoffs ............................................................................ .............................21
Section 18.2 Call- back ................................................................. ............................... 21 -22
ARTICLE 19 - MISCELLANEOUS ............................................................. .............................22
ii
Section 19.1 Agreement Copies ............................................................ .............................22
Section 19.2 Bulletin Boards ................................................................ .............................22
ARTICLE 20 - SENIORITY .......................................................................... .............................22
Section20.1 Seniority .................................................................. ...............................
22 -23
Section 20.2 Application of Seniority - Leave Requests ...................... .............................23
Section 23.2
Section 20.3 Application of Seniority - Shift Vacancy & Position Vacancy .............
23 -24
Section 20.4 Application of Seniority - Overtime Assignments ... ...............................
24 -25
ARTICLE 21 - DISCIPLINE ......................................................................... .............................25
Section 23.4
Section 21.1 Discipline For Cause ................................................ ...............................
25 -26
Section 21.2 Progressive Discipline ..................................................... .............................26
Longevity Pay ......................................................... ...............................
Section 21.3 Pre - Disciplinary Conference ............................................ .............................26
Section 23.6
Section 21.4 Disciplinary Action Imposed ....................................... ...............................
26
Section 21.5 Copy of Discipline Record ............................................... .............................26
Temporary Work Assignment /Pay Supplement ............. .............................35
Section21.6 Appeal .............................................................................. .............................26
Section 23.8
ARTICLE 22 - PERSONNEL RECORDS ................................................... .............................27
Section 26.2
Section 22.1 Personnel File .................................................................. .............................27
38 -39
Section 22.2 Retention of Records ....................................................... .............................27
Conversion of Sick Leave ....................................... ...............................
Section 22.3 Inaccurate Documents ..................................................... .............................28
Section 26.4
ARTICLE 23 - RATES OF PAY / WAGES ................................................... .............................28
Section 23.1
Wage Structure ........................................................ ...............................
28 -33
Section 23.2
Appointment and Advanced Step Hiring ........................ .............................33
Section 23.3
Step Advancement . ....................................................... .............................33
Section 23.4
Application of Pay Rates ................................................ .............................33
Section 25.1
Section 23.5
Longevity Pay ......................................................... ...............................
33 -34
Section 23.6
Instant Bonus Program ........................................... ...............................
34 -35
Section 23.7
Temporary Work Assignment /Pay Supplement ............. .............................35
Section 26.1
Section 23.8
Shift Differential ............................................................. .............................35
Section 26.2
ARTICLE 24 - HOLIDAYS ........................................................................... .............................35
Section 24.1
Paid Holidays .................................................................. .............................35
Section 24.2
Dates /Days Observed ...................................................... .............................36
Section24.3
Holiday Pay ..................................................................... .............................36
ARTICLE 25 - PERSONAL LEAVE ........................................................... .............................36
Section 25.1
Allocation & Usage of Leave ................................. ...............................
36 -37
Section 25.2
Payment for Unused Personal Leave, Layoff or Death .. .............................37
ARTICLE 26 - SICK
LEAVE ....................................................................... .............................37
Section 26.1
Sick Leave Accrual ................................................. ...............................
37 -38
Section 26.2
Use of Sick Leave ................................................... ...............................
38 -39
Section 26.3
Conversion of Sick Leave ....................................... ...............................
39 -40
Section 26.4
Sick Leave Transfer from Prior Public Employer .......... .............................40
ARTICLE 27 - HOURS OF WORK AND OVERTIME ............................ .............................40
Section 27.1 Workweek ............................................................... ............................... 40 -41
Section27.2 Overtime ......................................................................... .............................41
iii
Section 27.3 Seventh Consecutive Day of Work ................................. .............................41
Section 27.4 Call In Pay /Show -Up Pay ............................................... .............................41
Section 27.5 Compensatory Time ................................................ ............................... 41 -42
Section 27.6 Payment For Accrued Compensatory Time Upon Separation ..................... 42
Section 27.7 Use of Compensatory Time ............................................ .............................42
ARTICLE 28 - REINSTATEMENT FROM CERTAIN PERSONNEL ACTIONS .............42
Section 28.1 Reinstatement from Resignation ..................................... .............................42
Section 28.2 Reinstatement from Military Service .............................. .............................42
Section 28.3 Reinstatement from Authorized Leave ........................... .............................42
ARTICLE 29 - VACATION LEAVE ........................................................... .............................43
.............................46
Section 29.1
Vacation Year ................................................................. .............................43
Section 31.2 Leave with Pay ........................................................ ...............................
Section 29.2
Conditions for Accrual .................................................... .............................43
.............................48
Section 29.3
Prior Public Service Credit ............................................ .............................43
Section 32.2 Definitions ............................................................... ...............................
Section 29.4
Vacation Accrual Schedule ............................................. .............................43
49 -52
Section 29.5
Vacation Carry- Over ............................................... ...............................
43 -44
Section 29.6
Vacation Scheduling/ Use ................................................ .............................44
Section 29.7
Rates of Pay for Vacation Hours .................................... .............................44
Section 29.8
Payment for Accrued Vacation Leave Upon Resignation /Separation .............
andDeath ..............................................................................................
.............................44
Section 29.9
Annual Conversion of Accrued Vacation Leave ..... ..........................44
-45
ARTICLE 30 - INJURY LEAVE ...............
Section 30.1 Injury Leave with Pay..
...45
...45
ARTICLE 31 - SPECIAL LEAVES ..............................................................
.............................46
Section 31.1 Leave Without Pay ..........................................................
.............................46
Section 31.2 Leave with Pay ........................................................ ...............................
46 -48
ARTICLE 32 - LEAVE DONATION PROGRAM .....................................
.............................48
Section32.1 Purpose ...........................................................................
.............................48
Section 32.2 Definitions ............................................................... ...............................
48 -49
Section 32.3 Program Regulations .............................................. ...............................
49 -52
ARTICLE 33 - INSURANCE ........................................................................ .............................52
Section 33.1 Medical, Dental, & Vision Benefits ........................ ............................... 52 -57
Section 33.2 Nicotine Incentive ........................................................... .............................57
Section 33.3 Change in Carriers .......................................................... .............................57
Section 33.4 Life Insurance ......................................................... ............................... 57 -58
Attachment A. HBC /HSA Description ............................ ..........................58 -60
ARTICLE 34 - TRAINING AND TUITION REIMBURSEMENT .......... .............................61
Section34.1 Training ................................................................... ............................... 61 -62
Section 34.2 Tuition Reimbursement .......................................... ............................... 62 -63
ARTICLE 35 - TRAINING ASSIGNMENTS ............................................. .............................63
Section 35.1 Compensation ................................................................ .............................63
ARTICLE 36 - SHORT NOTICE OVERTIME & "ON- CALL" .............. .............................63
iv
Section 36.1 Short Notice Overtime Assignments ....
Section 36.2 "On -Call' - Posting and Sign- Up..........
Section 36.3 "On -Call' - Communications ...............
Section 36.4 "On -Call' - Notification ........................
Section 36.5 "On -Call' - Response ............................
Section 36.6 "On -Call' - Inability to Perform ..........
Section 36.7 "On -Call' - Fit for Duty ........................
Section 36.8 "On -Call' - Pay ...... ...............................
ARTICLE 37 - EMPLOYEE INCENTIVE PROGRAMS/ DISCOUNTS . .............................68
Section 37.1 Employee Incentive Programs ......................................... .............................68
Section 37.2 Employee Discounts ........................................................ .............................68
ARTICLE 38 - TRAVEL /MILEAGE REIMBURSEMENT ...................... .............................68
Section 38.1 Reimbursement ................................................................ .............................68
ARTICLE 39 - PROVISION OF MEALS UNDER
UNUSUAL, EMERGENCY OR SPECIAL CONDITIONS ..........................69
Section 39.1 Provision of Meals ........................................................... .............................69
ARTICLE 40 - REQUIRED LICENSES, REGISTRATIONS, OR CERTIFICATIONS ...69
Section 40.1 Required Licenses, Registrations, or Certifications ......... .............................69
ARTICLE 41 - CLOTHING, EQUIPMENT, AND PERSONAL PROPERTY ....................69
Section 41.1 Shoe and Glove Allowance ............................................. .............................69
Section 41.2 Prescription Safety Glasses ............................................. .............................69
Section 41.3 Damaged Personal Property ............................................ .............................69
ARTICLE 42 - TOOL / REPLACEMENT / UPGRADES ............................. .............................70
Section42.1 Amount ........................................................................... .............................70
ARTICLE 43 - DURATION .......................................................................... .............................70
Section43.1 Duration .......................................................................... .............................70
Section43.2 Signatures ........................................................................ .............................70
v
ARTICLE 1
AGREEMENT
Section 1.1 Agreement. This Agreement is made and entered into at Dublin, Ohio by and
between the City of Dublin, as Employer, also referred to as "Employer ", and the United
Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service
Workers International Union, also referred to as the "Union ". Unless otherwise specified in
this Agreement, no changes in this Agreement shall be negotiated during its duration unless
there is written accord to do so by and between the parties. Any negotiated changes, to be
effective and incorporated in this Agreement, must be in writing and signed by 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 Severabilitv. Should any part of this Agreement be held invalid by operation of
law by a tribunal of competent jurisdiction or by revision of the Ohio Public Employee
Collective Bargaining Act by the State Legislature, it shall be of no further force and effect,
but such invalidation of such point or provision shall not invalidate the remaining portions
hereof and they shall remain in full force and effect. In the event of invalidation, and upon
written request by either party, the parties to this Agreement shall meet within forty -five (45)
days of receipt of the written request, in an attempt to modify the invalidated provisions by
good faith negotiations.
Section 1.4 Applicability. This Agreement, when executed, shall supersede and replace all
applicable state and local laws which it has authority to supersede and replace. Where this
Agreement is silent, the provisions of applicable law, regulation, or policy shall prevail.
ARTICLE 2
RECOGNITION
Section 2.1 Recognition. The Employer recognizes the Union as the sole and exclusive
representative for all employees included in the bargaining unit described herein in any and
all matters relating to wages, hours, terms and conditions of employment, and the
continuation, modification, or deletion of an existing provision of this Agreement and for the
administration of this Agreement.
Section 2.2 Bargaining Unit. There shall exist in the City of Dublin a bargaining unit
consisting of:
All regular full -time employees within the Maintenance Worker (including
those physically located within the Division of Engineering), Automotive
Mechanic I, and Custodial Worker classifications within the Division of
Streets & Utilities, Division of Parks & Open Space, Division of Facilities
Management and Division of Fleet Management.
The following employees are excluded from the bargaining unit:
All Maintenance Crew Supervisors, Automotive Mechanics II, Operations
Administrators, and all other managerial, supervisory, seasonal, casual,
confidential, and professional employees as defined in the Ohio Collective
Bargaining Act.
References throughout this Agreement to bargaining unit members shall mean employees
within this bargaining unit.
ARTICLE 3
DUES CHECKOFF /FAIR SHARE
Section 3.1 Dues Check Off.
A. The Employer agrees to deduct Union membership dues, initiation fees, and /or
assessments in the amount specified by the Union from the pay of those
employees who individually request in writing that such deductions be made.
Upon receipt of the proper authorization, the Employer will deduct dues from the
next payroll check following receipt of the authorization card. Dues shall be
deducted from each payroll period, and the total amount of deductions shall be
remitted each month by the Employer to the International Secretary- Treasurer of
the Union at the address which he authorizes for that purpose.
B. The authorization card may be submitted at any time and shall continue in effect
until the annual anniversary date of this Agreement. An employee may cancel
Union membership at any time, however, the revocation of the dues deduction
authorization may only be canceled between the 40th and 30th calendar days prior
to each annual anniversary date of this Agreement. Dues deductions
authorizations not revoked during this ten (10) day period shall continue in effect
for successive Agreement year(s). Written notice of the dues deduction
revocation shall be served upon the Employer and the Union by the employee.
C. The parties agree that neither the employees or the Union shall have a claim
against the Employer for errors in the processing of deductions, unless a claim of
error is made to the Employer in writing within thirty (30) days after such error is
claimed to have occurred or was known to have occurred. If it is found that an
error was made, it will be corrected in the following dues deduction.
D. The Union hereby agrees that it will indemnify and hold the Employer harmless
from any claims, actions, or proceedings by an employee arising from deductions
made by the Employer pursuant to this Article. Once the funds are remitted to the
International Secretary- Treasurer of the Union, their disposition thereafter shall be
the sole and exclusive obligation and responsibility of the Union.
Section 3.2 Fair Share. Any employee who is not a member of the Union shall, as a
condition of employment, pay a monthly service charge (Fair Share) not to exceed the dues
paid by a member to the Union.
OA
All employees who do not become members in good standing of the Union shall, as a
condition of employment, pay a fair share fee to the Union effective sixty (60) days from the
employee's date of hire or sixty (60) days from the effective date of this Agreement.
The fair share fee amount shall be certified to the Employer by the Secretary- Treasurer of the
Union. Payment by the Employer of the amount certified to the Employer by the Secretary -
Treasurer of the Union shall indemnify the Employer from liability alleged as a result of
wrongful, incorrect, improper or otherwise erroneous payments made or required to be made
by or under the terms of this Agreement. Payment to the Union of fair share fees shall be
made in accordance with the regular dues deduction.
The Union has an internal procedure to determine a rebate, if any, for non - members which
conforms to federal law. The rebate procedure provides for a rebate of expenditures in
support of partisan politics or ideological causes not germane to the work of employee
organizations in the realm of collective bargaining. Any non - member must make a timely
request of the Union for this rebate. Absent arbitrary and capricious action, such
determination is conclusive on the parties except that a challenge to such determination may
be filed with the State Employment Relations Board within thirty (30) days of the
determination and the State Employment Relations Board shall review the rebate
determination and decide whether it was arbitrary or capricious. The deduction of the fair
share fee from any earnings of the employee shall be automatic and does not require written
authorization for payroll deduction.
Section 3.3 PAC Check Off. The Employer agrees to deduct voluntary contributions to the
Steelworkers PAC fund from employees pay in an amount designated by that employee on
the form provided by the Union for the purpose of such voluntary check off. The Employer
will be given the signed authorization forms prior to any such deductions being made. The
total amount of deductions shall be remitted monthly to the International Union at the address
authorized for that purpose.
ARTICLE 4
NO STRIKE /NO LOCKOUT
Section 4.1 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, shall for any reason, cause, permit, or engage in picketing,
a sit down, a strike, a boycott, a stand in, a slow down, a work stoppage, curtailment or
restriction of production or interference or interruption of work or other interference with the
Employer's business or operation, including but not limited to a general strike, a sympathy
strike, a slow down or other interference or interruption of work 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
3
the Union and the Employer to avoid strikes and work stoppages and any and all other
conduct set forth above in Section 4.2 of this Article.
Section 4.4 Emplover's Right to Discipline. In the event that any employee or group of
employees engages in any of the conduct described above in Section 4.2 during the term of
this Agreement, the Employer has the exclusive right to discipline, up to and including
discharge, any employee who engages or participates in such activities.
Section 4.5 Union Responsibility. The Union and its officers, agents, and members shall
not authorize, condone, ratify, permit, sanction or acquiesce in any of the activities described
above in Section 4.2 of this Article and, should any such activities occur, the Union, by its
officers, agents, and members, shall be obligated to take affirmative steps to terminate such
activities including but not limited to promptly ordering its members to resume their normal
work duties, notwithstanding the existence of any picket line. Should the employer
experience any economic loss as a consequence of any Union representative or member
engaging in any activity prohibited in Section 4.2 of this Article, the Union shall indemnify
the City of Dublin for its economic loss.
ARTICLE 5
NONDISCRIMINATION
Section 5.1 Joint Pledge. The provisions of this Agreement shall be applied equally to all
employees without regard to age, sex, race, color, religion, political affiliation, disability or
national origin. The City and the Union agree to work jointly to maintain a culture within the
bargaining unit free from discrimination and to promote equal employment opportunity in the
application of this Agreement.
Section 5.2 Gender Reference. All reference to employees in the Agreement designates
both sexes, and whenever the male gender is used, it shall be construed to include male and
female employees.
ARTICLE 6
MANAGEMENT RIGHTS
Section 6.1 Management Rights. To assure that the City (Employer) continues to perform
its legal duties to the public and to maintain efficient and responsive service for and
protection to the citizens of the City of Dublin, the City retains the right to determine
Departmental, Divisional, and City policies and procedures to manage the affairs of the City
in all respects. References to Departments or Divisions refer to the entities within the City
employing employees in the bargaining unit covered by this Agreement. Except where
otherwise specifically limited by this Agreement, the City retains the right and responsibility
to:
1. Determine the size and composition of the work force, the organizational
structure of the City and the methods by which operations are to be performed
by City employees.
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2. Manage the City's budgets, including but not limited to the right to contract or
subcontract any work or operations of the City. However, the City will
bargain over the effects, if any exist, of the decision to contract or subcontract
out work.
3. Determine the nature, extent, type, quality, and level of services to be
provided to the public by the City and the manner in which those services will
be provided.
4. Determine, change, maintain, reduce, alter, or abolish the technology,
equipment, tools, processes, or materials the City's employees shall use.
5. Determine job descriptions, procedures, and standards for recruiting,
selecting, hiring, training, and promoting employees.
6. Assign work, subcontract or contract out work, establish and /or change
working hours, schedules, and assignments as deemed necessary by the City
to assure efficient City, Departmental or Divisional operations.
7. Direct and supervise employees and establish and/or modify performance
programs and standards, methods, rules and regulations, and policies and
procedures applicable to the City's employees.
8. Hire, evaluate, promote, retain, transfer (permanently or temporarily), assign
(permanently or temporarily) employees.
9. Discharge, remove, demote, reduce, suspend, reprimand, or otherwise
discipline employees for cause.
10. Lay -off employees, because of lack of work or funds or under circumstances
where continued work would not be cost efficient, reasonable or effective.
11. Determine matters of inherent managerial policy which include, but are not
limited to, areas of discretion or policy such as the functions and programs of
the City, standards of services, its overall budget, utilization of technology,
and organizational structure.
12. Maintain and improve the efficiency and effectiveness of the City's
operations.
13. Determine the overall methods, processes, means, or personnel by which the
City's operations are to be conducted.
14. Determine the adequacy of the work force.
15. Determine the overall mission of the City.
16. Effectively manage the work force.
17. Take actions to carry out the mission of the City.
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The rights and powers of the City (Employer) contained in this Article do not list or limit all
powers, and the rights listed together with all other rights, powers, and prerogatives of the
City, not specifically limited in this Agreement, remain vested exclusively in the City.
ARTICLE 7
LABOR/MANAGEMENT MEETINGS
Section 7.1 Meetings. In the interest of sound labor /management relations, upon request of
either party, at a mutually agreeable date and time, not more than seven ( 7) representatives of
the Employer shall meet with not more than seven (7) representatives of the bargaining unit
to discuss pending issues and /or problems and to promote a more harmonious
labor /management relationship.
An agenda will be exchanged by the parties at least five (5) working days in advance of the
scheduled meeting with a list of matters to be taken up in the meeting and the names of those
representatives from each side who will be attending. All matters on the agenda requested by
the parties to be discussed, will be discussed. The purpose of such meeting shall be to:
1. Discuss the administration of this Contract.
2. Discuss grievances which have been processed beyond the final Step of the
Grievance Procedure, when such discussions are mutually agreed to by the
parties.
3. Discuss any pending items related to civil rights issues.
4. Disseminate general information of interest to the parties.
5. Consider and discuss health and safety matters relating to employees.
6. Discuss any other items the parties mutually agree to discuss.
ARTICLE 8
BARGAINING UNIT BUSINESS
Section 8.1 Unit Officials. The bargaining unit is authorized to select five (5) Unit Grievers
and one (1) Unit Chairperson to conduct bargaining unit business. One Unit Griever shall
serve employees in each of the following areas: facilities, parks & open space, custodial,
streets & utilities, and fleet/sign shop. The Unit Grievers and Unit Chairperson, upon giving
reasonable advanced notice, and upon receiving authorization from the Director of Parks &
Open Space, the Director of Streets & Utilities, the Director of Administrative Services or the
Director of Engineering (whichever is applicable), shall be allowed reasonable time off
during regular working hours, not to exceed 12 hours per month, to investigate a grievance,
consult with the Employer in addressing labor/ management issues or in processing a
grievance, or to assist in the settlement of a dispute. The applicable Division Head may
authorize additional time if the Union presents proper justification supporting the need for
such time. Permission to perform these functions shall not be unreasonably denied.
Section 8.2 Negotiating Committee. On days where collective bargaining negotiations
between the Union and the Employer actually take place, not more than six (6) duly elected
representatives from the bargaining unit, consisting of the five (5) Unit Grievers and the one
(1) Unit Chairperson, will be released from their regular job functions to attend such
negotiation sessions, provided, however, that such attendance does not take any shift below
minimum staffing levels (as determined by the Deputy City Manager) nor create an overtime
obligation to the City. The Union will notify the Employer of the names of the
representatives who will be serving on the negotiation team prior to the first negotiation
meeting. Members of the Union negotiation team, as reported by the Union to the Employer,
shall each receive sixteen (16) hours per month of release time with pay to attend private
work sessions of the Union negotiation team, beginning no earlier than four (4) months prior
to the expiration of the existing Agreement. No overtime obligation shall be incurred by the
City as a result of any bargaining unit member attending work sessions or any other sessions
related to negotiations.
Section 8.3 Bargaining Unit Leadership Training Each Unit Griever and the Unit
Chairperson shall receive five (5) days of release time with pay per year to attend special
leadership training sponsored by the Union. Furthermore, each Unit Griever and the Unit
Chairperson shall also be allowed an additional five (5) days of unpaid leave per year, with
no loss in seniority, for the same purpose. The Unit Grievers and Unit Chairperson shall give
their supervisors reasonable advanced notice when attending such training.
Section 8.4 Cell Phone. The City shall furnish a cell phone to the Unit Chair for the
purpose of conducting City business. The cost shall be borne by the City. The City will
determine the plan and equipment issued.
ARTICLE 9
GRIEVANCE PROCEDURE
Section 9.1 Definition /Jurisdiction. The term "grievance" shall mean an allegation by the
Union that there has been a breach, misinterpretation, or improper application of this
Agreement. The grievance procedure shall not be used to affect changes in the Articles of
this Agreement nor those matters not covered by the Agreement. The grievance procedure
shall be the sole and exclusive remedy for resolving disputes between the parties. Grievances
pertaining to suspension, removal, or termination shall automatically commence at Step 2 of
the Grievance Procedure, and are subject to Step 3, Arbitration. The only recourse for a
suspension or termination is through the Grievance Procedure; no recourse shall be pursued
through any other administrative procedure or board of review.
Section 9.2 Qualifications. If the designated employer representative fails to answer a
grievance or set or hold a meeting within the time limits prescribed by this Article, the
grievance shall automatically move to the next step except that the Union must serve an
appeal to arbitration within the time limits prescribed in Section 9.5, even if no response or
answer from the Employer is forthcoming. If the Union fails to appeal or submit a grievance
to the next step within the time limits prescribed herein, it shall be deemed denied and not
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further appealable. The time limits set forth in this Agreement may be extended by mutual
written agreement of the parties.
A grievance may be brought by any employee (with the Union's consent) covered by this
Agreement with the appropriate Unit Griever. Where a group of bargaining unit employees
desires to file a grievance involving an incident affecting several employees in the same
matter, one employee shall be selected by the group to process the grievance with the
appropriate Unit Griever. Each employee to be included in such grievance shall be named in
the grievance.
Any grievance that originates from a level above the first step of the grievance procedure
may be submitted directly to the step or level from which it originates by mutual agreement
of the parties.
Section 9.3 Timeliness. All grievances must be initially timely filed by the Union pursuant
to the time limits set forth in Section 9.5, Step 1. Failure to file a grievance in a timely
fashion will result in its denial and will bar the grievance from being processed further
through the procedure. The Union may withdraw a grievance at any point by submitting in
writing a statement to that effect, or by permitting the time requirements at any step to lapse
without further appeal.
Section 9.4 Grievance Form. All grievances shall contain the following information and
will be filed using the grievance form mutually agreed upon by both parties:
1. The aggrieved employee's name and signature;
2. the aggrieved employee's classification;
3. date grievance was filed in writing;
4. date, time, and location where the incident or action upon which the grievance
is based occurred;
5. a description of the incident or action giving rise to the grievance;
6. articles and sections of the Agreement violated;
7. desired remedy to resolve the grievance.
Amendments to a grievance shall not be made, other than by mutual agreement of the parties
once a request for Arbitration has been submitted.
Section 9.5 Grievance Procedure. It is the mutual desire of the Employer and the Union to
provide for prompt adjustment of grievances, with a minimum amount of interruption of the
work schedule. The Employer and the Union agree to make a reasonable effort to effect the
resolution of grievances at the earliest step possible. In furtherance of this objective, the
following procedure shall be followed:
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Step 1 - Director of Parks & Open Space, Director of Streets & Utilities, Director of
Administrative Services, and Director of Engineering. The intent of Step 1 is to enable
the applicable Director to address grievances originating in the respective work units under
their direction. In order for an alleged grievance to receive consideration under this
procedure, the grievant, either alone or with the appropriate Unit Griever, if the former
desires, or the Union in cases of policy or class action grievances, must identify, in writing,
signed by the grievant and /or the Unit Griever, the alleged grievance to the affected
employee's respective Director within ten (10) working days after the employee or the Union
gains knowledge of the occurrence or facts that gave rise to the grievance. The grievance
shall identify the particular Articles and Sections of the Agreement that were alleged to have
been violated. The respective Director shall investigate and provide an appropriate answer in
writing within ten (10) working days following the date on which the Director was presented
the written grievance. If the grievance involves the employee's Director, the grievance may
be filed directly at Step 2 of the grievance procedure.
Step 2 - City Manager or Designee. If the grievance is not resolved at Step 1, the
appropriate Unit Representative may forward the grievance to the City Manager or his
designee within seven (7) working days after receiving the Step 1 answer. The City Manager
or his designee shall have ten (10) working days in which to schedule a meeting with the
aggrieved employee, the Unit Griever, the Unit Chairperson, and a US W representative. The
City Manager or his designee shall investigate and respond in writing to the grievance within
ten (10) working days following the Step 2 meeting.
Step 3 - Arbitration. If the grievance is not satisfactorily resolved at Step 2, the Union may
make a written request that the grievance be submitted to arbitration. A request for
arbitration by the Union must be submitted within thirty (30) calendar days following the
date the grievance was answered or should have been answered at Step 2 of the grievance
procedure. In the event that the grievance is not forwarded to arbitration by the Union within
the time limits prescribed, the grievance shall be considered resolved and shall proceed no
further. The Union shall request a list of seven (7) impartial arbitrators from the Federal
Mediation and Conciliation Service (FMCS) and shall submit a copy of such request to the
Employer. Upon receipt of the list of seven (7) arbitrators, the parties shall select an
arbitrator. If the parties are unable to mutually agree on an arbitrator, an arbitrator will be
selected by the parties by alternative strike with the parties right to strike the first name being
determined by a flip of the coin.
The arbitrator shall hold the arbitration hearing promptly and issue his decision within thirty
(30) calendar days after the closing of the record, unless mutually agreed otherwise by the
parties. The arbitrator shall limit his decision strictly to the interpretation, application, or
enforcement of those specific articles and/or section of this Agreement in question. The
arbitrator shall not have the authority to add to, subtract from, modify, change, or alter any
provision of this Agreement, nor add to or subtract from or modify the language contained
therein in rendering an award within the Arbitrator's jurisdictional limitations. The award of
the arbitrator will be final and binding upon both parties.
The arbitrator's award and the arbitration proceedings identified in this Article are subject to
the relevant provisions of Chapter 2711 of the Ohio Revised Code.
Both the Union and the Employer shall share equally in the cost of the Arbitrator's fee.
Expenses of any witnesses shall be borne, if any, by the party calling the witnesses. The fees
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of any court reporters shall be paid by the party asking for same; such fees shall be split
equally if both parties desire a court reporter's recording of the proceedings. If a grievance is
settled prior to a scheduled arbitration hearing, the parties shall split the cost of any
cancellation fees.
An employee, Unit Griever, or Union officer requested to appear at the arbitration hearing by
either party, whose presence is necessary, shall attend without the necessity of a subpoena
Section 9.6 Working Days. For the purposes of this Article, working days shall typically
be defined as Monday through Friday and shall exclude Saturday, Sunday, and recognized
holidays, except when a particular employee is regularly scheduled to work on days other
than Monday through Friday. Working days also mean the working days of the party who is
responsible for initiating action or responding to a grievance at the appropriate step in the
Grievance Procedure.
ARTICLE 10
WORK RULES
Section 10.1 Work Rules. The Employer agrees that, to the extent reasonable, work rules,
and any changes thereto, shall be reduced to writing and provided to all employees in
advance of their enforcement. Any charge by an employee that a work rule or
Departmental /Divisional directive is in violation of this Agreement or has not been applied or
interpreted uniformly to all employees, shall be a proper subject for a grievance.
ARTICLE 11
POLITICAL ACTIVITY
Section 11.1 Political Activitv. In addition to other rights, as permissible by law:
A. An employee is permitted outside the City of Dublin to actively participate in
partisan political activity, provided that an employee undertakes such activity
while off -duty, not in identifiable uniform, and does not represent that such
activity is either undertaken in his official capacity as an employee of the
Employer or is sanctioned by the Employer.
B. An employee is permitted within the City of Dublin to exercise his /her rights as a
citizen to express his /her personal opinions and to cast his /her vote. However, an
employee shall not:
1. orally or in writing solicit or in any manner be concerned with soliciting any
assessment, subscription or contribution of any type for any political party or
political purpose whatsoever from any person holding a position in the service
of the Employer;
2. make any contribution to the campaign funds of any candidate for a City of
Dublin elective office for the actual or apparent purpose of influencing said
persons or receiving favors of any nature from said persons; and,
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3. become actively involved in the elective process or campaigns for any City of
Dublin elective office.
ARTICLE 12
PROBATIONARY PERIOD
Section 12.1 New Hires. Every newly hired employee shall be required to successfully
complete a probationary period, which shall begin on the employee's effective date of
appointment with the Employer and shall continue for a period of ninety -five (95) calendar
days. A probationary employee shall be retained beyond the end of the probationary period
and granted regular status only if the performance of the employee, in the sole discretion of
the City Manager, has been found to be satisfactory. A probationary employee may be
disciplined or terminated any time during his probationary period and shall have no recourse
through the Grievance Procedure contained within this Agreement. Under certain
circumstances, the probationary period of an employee may be extended, but only for valid
reasons, only upon approval of the City Manager, and then only for a maximum of sixty -five
(65) calendar days. If the probationary employee's probationary period should indeed be
extended, and the employee is subsequently disciplined or terminated, the probationary
employee shall have no recourse through the Grievance Procedure.
12.2 Promotions. Should an employee be promoted to a different job classification within
the bargaining unit, with a higher pay range, the employee shall serve a thirty (30) day
probationary period. Under certain circumstances, the probationary period may be extended,
but only for valid reasons, only upon the approval of the City Manager, and then only for a
maximum of sixty -five (65) calendar days. Should the employee be disciplined or deemed
unsuitable for that position by the City during the initial thirty (30) day probationary period,
for performance reasons, the employee will be returned to a position in the classification
he /she occupied prior to the promotion.
12.3 Lateral Transfers. Should an employee be transferred to a position within a different
job classification, with the same pay range, the employee shall not be required to serve
in any probationary period.
ARTICLE 13
EMPLOYEE ASSISTANCE PROGRAM
Section 13.1 Employee Assistance. The Employer and the Union recognize that a wide
range of personal difficulties /problems in the lives of employees may affect work
performance and that most personal difficulties /problems can be successfully resolved
provided they are identified and referred to an appropriate source of assistance. The
Employer and the Union therefore agree that it would be in the best interest of the Employer,
its employees, and employees' immediate family members that a formal Employee
Assistance Program ( "EAP") be provided by the Employer to assist employees and said
family members in dealing with a wide range of personal difficulties /problems. The
Employer and the Union recognize that this range of personal difficulties /problems may
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include mental, emotional, financial, family, marital, employment - related stress, drug abuse,
alcoholism, legal, elder care /aging, spiritual, career, illness /disability, or other such
difficulties /problems. The purpose of the EAP shall be to help employees and members of
their immediate families deal with the kinds of difficulties and problems identified above by
linking them with resources that can provide appropriate help; to reduce job performance
problems; and to retain valued employees. When an employee or a member of his /her
immediate family is experiencing a problem, whether or not such a problem affects the
employee's job performance, the employee and /or immediate family members are strongly
encouraged to seek assistance through the EAP.
Section 13.2 Coverage Terms and Conditions. Under the coverage terms of the EAP,
employees and/or members of their immediate families shall each be entitled to unlimited
assessment and referral and a maximum of three (3) sessions per problem, at no cost to the
employee or family member, for problems amenable to short term counseling intervention.
Employees and/or family members are encouraged to access available benefits, as provided
by the Employer's medical benefits program, for counseling/treatment beyond the three
session limit.
Section 13.3 Other Terms and Conditions. The Employer and the Union agree that:
A. Participation in the EAP shall be strictly voluntary. However, employees and
their immediate family members who have problems they feel may affect their
health, well- being, and/or the employee's job performance, are encouraged to
contact the EAP.
B. Employees and their immediate family members shall receive an offer of
assistance to help resolve such problems in an effective and confidential manner
by the EAP provider consistent with federal and state law. No information
concerning the nature of individual personal problems will be released without
proper written consent.
C. Nothing in this Article of this Agreement shall be interpreted as constituting a
waiver of the Employer's responsibility to maintain discipline or its right to take
appropriate disciplinary action in accordance with established disciplinary
procedures. Normal disciplinary procedures shall remain unaltered and use of the
EAP shall not alter the responsibility of employees to maintain an acceptable level
of performance or acceptable behavior /conduct.
D. EAP - related appointments scheduled during normal work hours shall be
scheduled within the framework of the Employer's existing leave policies.
Depending on the circumstances involved, one or more forms of leave may be
appropriate to attend such appointments (i.e. sick, vacation, compensatory time,
personal, etc.). Due to existing procedures requiring the employee to provide a
reason to justify the use of sick leave, the employee may not wish to use said
leave for such appointments, as providing a reason for the usage of said leave may
disclose information the employee wishes to remain confidential. If the employee
chooses to request sick leave, he or she is hereby advised that in providing a
justifiable reason for sick leave usage, he /she is voluntarily disclosing
information. Employees are hereby advised that if this is a concern, they should
request another form of leave where providing a reason for said leave usage is not
12
required (i.e. vacation leave, compensatory time, personal time, etc.), or seek to
schedule EAP- related appointments outside of normal work hours. Flexible
appointment hours shall be made available to employees by the EAP provider.
E. Supervisory personnel may encourage the use of the EAP, recognizing the fact
that many job performance difficulties may be related to a personal problem.
However, supervisory personnel shall refrain from diagnosing personal problems
or recommending specific solutions other than referral to the EAP.
F. Supervisory training is critical to the success of the EAP. In that regard, the
Employer will provide supervisory training, to be scheduled at the discretion of
the Employer, to enhance the knowledge of supervisory personnel concerning the
proper methods to be used when dealing with an employee who is experiencing
personal or work - related problems.
G. The Employer shall reserve the right to contract, at its sole discretion, with the
company /organization of its choice that will, in the judgment of the Employer,
provide the most cost - effective, meaningful, and responsive service to the
Employer and its employees.
ARTICLE 14
DRUG FREE WORKPLACE
Section 14.1 Purpose. The Employer and the Union hereby agree that illegal drugs in the
workplace are a danger to us all. They impair health, safety and welfare, promote crime,
lower productivity and quality, and undermine the public confidence in the work we perform
as public servants. Therefore, the Employer and the Union will not tolerate the illegal use or
illegal presence of drugs in the workplace.
In addition, the Employer and the Union understand that, pursuant to the federal Drug -Free
Workplace Act, in order for the Employer to be considered as a recipient for federal grants, it
must comply with several requirements mandated by the Act. One of these requirements
mandates that the Employer publish a policy prohibiting the illegal presence of controlled
drugs in the workplace and that this policy be distributed to all employees. In addition, the
Act requires the Employer to verify that all employees have agreed to abide by the policy as
a condition of continued employment.
The purpose of this Article is to publish a formal policy regarding illegal drugs in the
workplace, to notify bargaining unit employees of the consequences of illegal use,
possession, distribution, manufacture, etc. of controlled drugs in the workplace, to institute a
drug awareness program for bargaining unit employees, and to notify employees of the types
of rehabilitative help that may be offered by the Employer. This Article shall be applicable
to all employees of the bargaining unit and the bargaining unit hereby understands that this
Article shall be strictly enforced by all supervisory personnel.
Section 14.2 Policy The Employer and the Union hereby agree that any location at which
its business is conducted is hereby declared to be a DRUG -FREE WORKPLACE. This
means that all employees, including supervisory personnel, are absolutely prohibited from
unlawfully manufacturing, distributing, dispensing, possessing, or using controlled
13
substances in the workplace. Reporting for work while under the influence of illegal drugs,
or with any residual effects from illegal drug use (e.g. impaired judgment, sickness, impaired
reflexes, etc.) is likewise prohibited. For purposes of this policy, an employee is considered
to be "under the influence" of a drug or controlled substance when any amount of such drug
or controlled substance (or any of its metabolites) is found to be present in the employee at or
above the lowest recognized scientific standard utilized by the laboratory selected by the
Employer for evaluating the presence of such substances in the system.
The Union hereby understands that any building, facility, structure, property, etc., or the
contents thereof (i.e. employee lockers, offices, desks, etc.), owned or leased by the
Employer shall be subject to unannounced inspection at any time by appropriate supervisory
personnel and Employer officials.
The following constitutes a partial list of controlled substances: (For a more detailed listing
and explanation of controlled substances, please consult the attached listing entitled
"Controlled Substances - Uses & Effects. ")
• Narcotics (heroin, morphine, etc.)
• Cannabis (marijuana, hashish)
• Stimulants (cocaine, diet pills, etc.)
• Depressants (tranquilizers)
• Hallucinogens (PCP, LSD, "designer drugs ", etc.)
The Union understands that compliance with this policy shall be strictly enforced and shall
be a condition of continued employment. The Union also understands that any employee
violating this policy shall be subject to appropriate disciplinary action which may include
suspension or dismissal.
The Union hereby understands that they may also be subject to appropriate disciplinary
action for engaging in off duty, illegal conduct/behavior unbecoming a City employee
emanating from the use of illegal drugs which detracts from the image or reputation 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 -Free Awareness & Employee Assistance. Bargaining unit employees
have a right to know the dangers of drug abuse in the workplace, the policy regarding such
drug abuse, and what help is available to combat drug problems. This Section of this
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
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The Union hereby understands that where rehabilitative assistance is offered by the Employer
and agreed to by the employee, failure of the employee to adhere to conditions with regard to
the rehabilitative program may result in appropriate disciplinary action including suspension
or dismissal.
Medical benefits for drug abuse treatment, as mentioned above, shall be limited to those
covered by the Employer's medical plan. (For further information on the medical benefits for
drug abuse treatment, refer to the City of Dublin "Employee Benefits Handbook ".)
Section 14.4 Supervisory Training. The employer also agrees to provide supervisory
training to assist supervisors in identifying illegal drug use by employees. All supervisors
shall receive at least four (4) hours of initial skill- building and information sharing sessions,
with at least one (1) hour of training occurring within six (6) weeks of a current employee
becoming a supervisor or from the date of hire of a supervisor. In subsequent years,
supervisors who have already received four (4) hours of initial training, will receive two (2)
hours of additional training to serve as a refresher and address new concerns. This training
shall be conducted by a qualified trainer holding one of the following credentials:
Substance Abuse Professional (SAP);
Certified Employee Assistance Professional (CEAP);
Certified Chemical Dependency Counselor (CCDC III);
Ohio Certified Prevention Specialist (OCPS);
Ohio Certified Prevention Consultant (OCPC).
The training shall cover the following subjects:
1. The physical, behavioral, and the performance indicators of drug use /abuse;
2. The effects of drug use /abuse;
3. Recognizing performance deficiencies caused by drug use /abuse;
4. Confronting employees with suspected drug use /abuse.
Section 14.5 Non - Supervisor Training. The Employer shall also provide non - supervisory
employee training regarding substance abuse issues and information about the City's
employee assistance program (EAP). All non - supervisory employees shall receive at least
two (2) hours of educational awareness initially on substance abuse issues and two (2) hours
annually thereafter. New employees shall receive educational materials and information
about this policy with the first six (6) weeks.
Section 14.6 Criminal Convictions & Notification Requirement. The Union hereby
understands that pursuant to the provisions of the Drug -Free Workplace Act, any employee
convicted of violating a criminal drug statute in this workplace must inform the Employer of
such conviction (including pleas of guilty and nolo contendere) within five (5) days of the
conviction occurring. Failure to so inform the Employer shall subject the employee to
appropriate disciplinary action including suspension or dismissal.
The Employer reserves the right to offer employees convicted of violating a criminal drug
statute in the workplace, participation in an approved rehabilitation or drug abuse assistance
program. If such a program is offered, and accepted by the employee, then the employee
15
must adhere to conditions with regard to the rehabilitation as a condition of continued
employment.
ARTICLE 15
CONSUMPTION OF ALCOHOL
Section 15.1 Purpose. In the interest of maintaining a safe and productive working
environment for all City employees, protecting the public health, safety, and welfare,
upholding the public confidence in the work performed by City employees, and upholding
the organizational image /reputation of the City, the Employer and the Union hereby agree
that a policy concerning the use of alcohol by bargaining unit employees should be addressed
within this Agreement. The purpose of this Article, therefore, is to provide the terms and
conditions of such policy.
The Union hereby understands that this policy shall be applicable to all bargaining unit
employees and shall be strictly enforced by all supervisory personnel.
Section 15.2 Policy The Employer and the Union hereby agree that all employees,
including supervisory personnel, are strictly prohibited from consuming alcohol while on
duty. In addition, reporting for work while under the influence of alcohol, with any residual
effects of alcohol consumption (e.g. impaired judgment, sickness, impaired reflexes, etc.), or
where there is any evidence of alcohol consumption (e.g. odor of alcohol on the breath), is
likewise prohibited. For purposes of this policy, an employee is considered to be "under the
influence" of alcohol when the employee is found to be impaired by alcohol. (The Employer
and the Union hereby agree that a blood alcohol content of 0.02% will be used as the
standard for impairment.) Furthermore, all employees are also prohibited from consuming
alcohol during their designated lunch break or meal period and while off duty anytime said
employees are in City uniform or are wearing any apparel which distinguishes themselves as
employees of the City of Dublin.
The Union hereby understands that any building, facility, structure, property, etc., or contents
thereof (i.e. employee lockers, offices, desks, etc.), owned or leased by the Employer, shall
be subject to unannounced inspection at any time by appropriate supervisory personnel and
City officials.
The Union likewise understands that compliance with this policy shall be strictly enforced
and that any employee violating this policy shall be subject to appropriate disciplinary action
which may include suspension or dismissal.
The Union further understands that they may also be subject to appropriate disciplinary
action for engaging in off -duty, illegal conduct /behavior unbecoming a City employee
emanating from the use of alcohol which detracts from the image or reputation of the City as
an organization or which erodes the public confidence in the City as an organization (e.g.
disorderly conduct, assault, fighting, criminal, menacing, disturbing the peace, OMVI, etc.,
or other criminal acts).
Section 15.3 Alcohol Awareness & Employee Assistance. Bargaining unit employees
have a right to know the dangers associated with the use or abuse of alcohol and what help is
available to combat the problems associated with alcohol use or abuse.
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The Employer agrees to offer an awareness program for all bargaining unit employees on the
dangers associated with alcohol use or abuse. Posters, brochures, and appropriate guest
speakers at periodic group meetings will communicate information to employees.
In addition, to assist employees in overcoming alcohol abuse problems, the Employer will
offer the following rehabilitative help where applicable:
* Medical benefits for alcohol -abuse treatment
Information about community resources for assessment and treatment
Employee Assistance Program
The Union hereby understands that where rehabilitative assistance is offered by the Employer
and agreed to by the employee, failure of the employee to adhere to conditions with regard to
the rehabilitative program may result in appropriate disciplinary action including suspension
or dismissal.
Medical benefits for alcohol abuse treatment, as mentioned above, shall be limited to those
covered by the Employer's medical plan. (For further information on the medical benefits for
alcohol abuse treatment, refer to the City of Dublin "Employee Benefits Handbook ".)
Section 15.4 Supervisory Training. The Employer agrees to provide supervisory training
to assist in identifying the problems associated with alcohol abuse by employees. This
training shall be conducted by a qualified trainer holding one of the following credentials:
Substance Abuse Professional (SAP);
Certified Employee Assistance Professional (CEAP);
Certified Chemical Dependency Counselor (CCDC III);
Ohio Certified Prevention Specialist (OCPS);
Ohio Certified Prevention Consultant (OCPC).
The training shall cover the following subjects:
1. The physical, behavioral, and the performance indicators of alcohol use/ abuse;
2. The effects of alcohol use /abuse;
3. Recognizing performance deficiencies caused by alcohol use /abuse;
4. Confronting employees with suspected alcohol use /abuse problems.
ARTICLE 16
EMPLOYEE DRUG & ALCOHOL TESTING PROGRAM
Section 16.1 Purpose of Testing. In the interest of maintaining a safe and productive
working environment for all City employees, establishing a standard of conduct for City
employees, protecting the public health, safety, and welfare, upholding the public confidence
in the work performed by City employees, and upholding the organizational image /reputation
of the City, the Employer and the Union hereby agree that employee drug and alcohol testing
should be addressed within this Agreement. In that regard, the purpose of this Article is to
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establish the terms, conditions and procedures regarding the drug and alcohol testing of
bargaining unit members.
Section 16.2 Terms and Conditions of Testing. The Employer and the Union hereby agree
that all bargaining unit members, as a condition of this Agreement, shall be required to
submit, upon request, to a urinalysis, breath test, and/or blood test to detect the presence of
illegal drugs or alcohol in their systems under the following circumstances:
A. When the Employer has reasonable suspicion to believe that an employee is under the
influence of illegal drugs or alcohol while on the Employer's premises or conducting
the Employer's business.
B. Following a work related accident or safety violation.
Employees who are directed to submit to testing shall be required to sign a consent form, the
form of which will be developed by the Director of Human Resources, which will include
consent that notice of the test results will be released to the Director of Human Resources, or
in his absence, the City Manager.
The Employer and the Union hereby agree that if employees of the bargaining unit are
required to submit to testing, failure or refusal to submit to the testing may result in
appropriate disciplinary action which may include suspension or dismissal. The actual
discipline to be imposed shall take into consideration all facts and circumstances including
the expressed reasons for the employee's refusal, the need for the testing, the employee's
desire for rehabilitation, and the employee's job performance.
Employees who have been found, through the testing procedures identified in Section 16.3
below, to have been under the influence of drugs or alcohol, or who have engaged in conduct
which obstructs the testing procedures (i.e. the use of masking agents or other products to
adulterate or dilute specimens), shall not be paid for the time they are off work awaiting the
testing results, and shall be subject to appropriate disciplinary action including suspension or
dismissal.
Section 16.3 Drug and Alcohol Testing Procedures. Drug and Alcohol testing shall be
conducted in the following manner:
A. When circumstances arise which require drug and /or alcohol testing, the Director
shall contact the Director of Human Resources or, in his/her absence, his /her
designee, to obtain approval for testing. Should disagreement exist between the
employee's supervisor or Director and the Director of Human Resources, or his /her
designee, regarding whether or not to proceed with testing, the City Manager shall
make the final determination. Upon receiving approval to proceed with testing, the
supervisor shall escort the employee to a designated D.H.H.S. (Department of Health
and Human Services) certified laboratory. After specimen collection, the employee
shall be escorted home, except in the case of post - accident testing. In the case of post -
accident testing, the employee shall return to work following specimen collection, to
a role deemed safe for the employee and other employees, unless otherwise restricted
by a physician. (In circumstances involving "post accident" testing, where the
employee requires off -site medical attention, the testing procedure shall be initiated
after proper medical attention has been rendered. In the event the employee is
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hospitalized, testing shall be accomplished by blood within the hospital environment
as soon as possible.)
B. In screening for the presence of drugs or alcohol generally accepted screening
procedures shall be used. Whenever an employee is required to provide urine or
blood for the screening procedure, the employee shall be required to provide a split
specimen at the time of collection in order to facilitate the screening procedure.
C. When screenings are performed, the threshold level for determination shall be
established in accordance with generally accepted medical procedures and existing
laws or regulations.
D. In testing urine or blood specimens for the presence of illegal drugs and /or alcohol,
the first specimen shall be submitted for testing to a certified laboratory. If illegal
drugs and /or alcohol are found in the first specimen, then that same specimen shall be
submitted for further verification (confirmatory) testing. If both initial and
verification (confirmatory) tests are positive for an illegal drug and/or alcohol, the
Director of Human Resources, or his /her designee, shall be notified by the Medical
Review Officer (MRO) at the certified laboratory. The Director of Human
Resources, or his /her designee shall in turn contact the employee.
E. The employee must then decide whether or not he /she wishes the second specimen
provided at the initial collection to be further tested. If the employee so requests, then
the second specimen shall be tested using a second certified laboratory.
F. If the employee does not request the screening of the second specimen after the initial
specimen tests positive, or if the employee does request the testing of the second
specimen and it also tests positive for an illegal drug or alcohol, appropriate
rehabilitative and/or disciplinary action shall be taken, which may include suspension
or dismissal.
G. In the initial testing of the first blood /urine specimen provided at the time of
collection, should masking agents (e.g. Klear, Ur -n -luck, Zydot, etc.) be detected,
such shall be considered as a "refusal to submit to testing" and the option to pursue
testing of the second specimen shall be forfeited. The City shall be so notified. Such
"refusal to submit to testing" shall result in appropriate disciplinary action, including
suspension or dismissal.
H. In the testing of blood /urine specimens provided at time of collection, should a "dilute
negative" result be received by the City, the employee shall be required to repeat the
testing procedure within 24 hours. The result of the second test shall then become the
test of record. Should the employee decline to take the second test, such shall
constitute a refusal to submit to testing, which shall result in appropriate disciplinary
action, including suspension or dismissal. Should a "dilute positive" result be
received by the City on the first or second test, such shall be considered as a verified
positive test which shall result in appropriate disciplinary action, including
suspension or dismissal.
I. Should the Employer use breath alcohol testing as an alternate method to blood/urine
testing, all breath testing shall be administered by a trained Breath Alcohol
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Technician (BAT). In addition, only Evidential Breath Testing (EBT) devices
certified by the Federal Government shall be used along with the prescribed breath
alcohol testing form.
J. In the administration of breath alcohol testing, an initial breath test shall be conducted
via the Evidential Breath Testing (EBT) device. If the initial test results in a reading
of less than 0.02, the test shall be recorded as "negative ". If the initial test results in a
reading of 0.02 or greater, a confirmatory test shall be administered. Prior to the
administration of a confirmatory test, there shall be a 20 -30 minute waiting period to
ensure that the presence of mouth alcohol from the recent use of food, tobacco, or
hygiene products does not artificially raise the test result. Should the confirmatory
test result be different from the initial test result, the confirmatory test shall be
deemed the final result. A test result of 0.02 or greater on the confirmatory test shall
result in appropriate disciplinary action, which may include suspension or dismissal.
K. Following the receipt of drug and /or alcohol testing results by the City, the City shall
advise the employee regarding his /her return to work.
Section 16.4 Referral To Emplovee Assistance Program. If the results of drug and /or
alcohol testing are positive, but do not warrant dismissal of the employee, a referral to the
Employee Assistance Program will be offered. Although employees will be offered a referral
through the Employee Assistance Program, they are still subject to appropriate disciplinary
action.
If an employee accepts a referral to the EAP for assessment as a result of a positive drug
and /or alcohol test, he /she must comply with any recommendation made by the EAP Drug
and Alcohol Counselor resulting from an assessment, as a condition of continued
employment. The employee shall further comply to random drug and /or alcohol testing for a
period of up to two years. Failure to comply with any of the conditions associated with the
recommendations of the Counselor, the conditions associated with the rehabilitation program,
or the random testing, as specified above, may result in dismissal of the employee.
ARTICLE 17
USE OF PRESCRIPTION & "OVER- THE - COUNTER" MEDICATION
Section 17.1 Purpose. In the interest of maintaining a safe and productive working
environment for all City employees, establishing a standard of conduct for City employees,
protecting the public health, safety, and welfare, upholding the public confidence in the work
performed by City employees, and upholding the organizational image /reputation of the City,
the Employer and the Union hereby agree that use of prescription and "over- the - counter"
medication by employees should be addressed within this Agreement. In that regard, the
purpose of this Article is to establish terms and conditions concerning the use of prescription
and "over- the - counter" medication by bargaining unit employees.
Section 17.2 General Terms & Conditions. In general, employees taking medication
legally prescribed by a physician, or purchased "over- the - counter ", which may impair the
employee's judgment, job performance, and physical /mental capabilities, shall advise their
immediate supervisors of the medication being used and the possible effects (to the
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employee's knowledge) of such medication. Such notice should be given prior to the
employee commencing work. The City will provide the form for such purpose.
When an employee so notifies his /her supervisor, the supervisor shall temporarily reassign
the employee to other duties which can be performed, if such duties are available. If such
duties are not available, the supervisor shall authorize appropriate leave for the employee (i.e.
sick, vacation, personal, comp time, etc.).
Section 17.3 Failure to Notify Supervisor. The Employer and the Union hereby agree that
if an employee works while taking medication legally prescribed by a physician, or
purchased "over- the - counter ", which causes the type of effects as those previously noted
under Section 17.2, without notifying his supervisor, such employee shall be subject to the
appropriate disciplinary action, if any, up to and including suspension or discharge. The
Union acknowledges that the Employer may become aware of the presence of a legally
prescribed or "over- the - counter" medication, referenced in Section 17.2, as a result of a
drug/alcohol test administered to the employee pursuant to Articles 14, 15, and 16 of this
Agreement.
ARTICLE 18
LAYOFFS
Section 18.1 Layoffs. Whenever there is a lack of work, a lack of funds, or other
circumstances exist where continued work would not be cost efficient, effective, or
reasonable, and such requires a reduction in the number of employees of the City, the City
Manager shall determine the job classifications in which such reduction shall be made and
the number to be laid off. Employees shall be laid off at the time and in the number specified
by the City Manager in the inverse order of their seniority. Within the affected job
classifications, all temporary, seasonal, intermittent, casual, and part-time employees would
be laid off first, then full -time probationary employees, followed by full -time regular
employees. The City will make a good faith effort to discuss the need for the layoff as much
in advance of the proposed effective date as is reasonable under the circumstances. All
employees to be laid off under such a lay -off action shall be provided forty -five (45) days
advanced notice by the City.
Section 18.2 Call -back. When employees are laid off as specified in Section 18. 1, their
names shall be placed on a Re- employment Eligibility List established by the Division of
Human Resources. When the work or financial situation permits, those employees who have
been laid off shall be called back to work and reinstated to the job classification they held
before layoff with the same status and seniority as they had at the time of layoff, in inverse
order of their layoff, if they are available. If not available within fourteen (14) calendar days
of call -back notification, or if they decline an offer of re- employment, or if they do not
respond to the City within fourteen (14) calendar days of call -back notification, their names
shall be removed from the Re- Employment Eligibility List. The Re- employment Eligibility
List shall be valid for three (3) years from the date of original creation unless said list is
exhausted prior to the completion of the three (3) year time frame due to the re- employment
of all individuals on said list, the removal of all individuals' names from said list for reasons
of non - availability or declination of re- employment, or any combination thereof. Call -back
notification shall be provided to laid -off employees by certified mail addressed to the last
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known mailing address of said laid -off employees. It shall be the responsibility of the laid -
off employees to keep the Division of Human Resources advised of their current mailing
address.
ARTICLE 19
MISCELLANEOUS
Section 19.1 Agreement Copies. As soon as is possible following the signing of this
Agreement, the Employer and the Union shall have printed sufficient copies of this
Agreement. The actual cost of printing this Agreement, and any future printing beyond the
copies specified herein in an amount the parties may later agree as necessary, shall be shared
equally by the parties. The Union shall be responsible for distribution of copies to current
members and the Employer shall be responsible for distribution of copies to new members
who are hired during the term of this Agreement.
Section 19.2 Bulletin Boards. The City shall provide reasonable space at the time clock for
one Union - provided bulletin board within the garage /shop /custodial worker areas within the
Division of Streets & Utilities, Division of Parks & Open Space, Division of Facilities,
Maintenance Center, 5800 Building, and the Community Recreation Center. These bulletin
boards shall be for the exclusive use of the Union to post notices and information related to
Union affairs. These boards shall be maintained by the bargaining unit memberships and be
kept in neat order at all times. Should these boards fall into disarray, the City will notify the
appropriate Unit Representative and such Representative shall ensure that the board(s) are
restored to proper order at his /her first opportunity. Non - bargaining unit personnel shall not
be permitted to remove, add to, or alter Union material posted on these boards unless said
material contains obscene, racially /sexually offensive, other unlawful, or defamatory
information. A reasonable effort shall be made by the Employer to contact a Union
representative prior to removing any material.
ARTICLE 20
SENIORITY
Section 20.1 Seniority. For purposes of this Agreement, "Seniority" shall be defined as
total continuous service as a full -time employee of the bargaining unit. Seniority shall begin
to accumulate on the date an individual becomes employed in a position within the
bargaining unit. Continuous service shall reflect the uninterrupted service of an employee as
calculated by years /days of service. Continuous service shall be interrupted only when a
"break in service" occurs. A "break in service" shall occur in the following instances:
1. Resignation/Separation;
2. Removal/Dismissal;
3. Failure to return from an authorized leave of absence.
As established in Section 20.1 seniority shall begin to accumulate on the date an individual
becomes employed in a position within the bargaining unit; however, should more than one
(1) individual be hired on the same day, seniority preference will be determined by the
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individual's relative ranking in the selection process. An individual with a higher ranking
shall always receive seniority preference over an individual with a lower ranking.
A "break in service" shall not occur if an employee is reinstated due to the disaffirmance of
removal or layoff. An employee who has a "break in service" and who is subsequently
rehired or reinstated shall not receive continuous service credit for the time spent during the
"break in service"; however, the employee shall receive continuous credit except for the
period of time in which the "break in service" occurred.
Section 20.2 Application of Senioritv — Leave Requests. "Seniority ", as defined in
Section 20.1 above, shall be the means for determining approval of vacation and personal
leave requests when such leave requests are submitted simultaneously, to the same
supervisor, by two (2) or more employees of the bargaining unit for the same period of time.
Section 20.3 Application of Seniority — Shift Vacancy and Position Vacancy. Whenever
a vacancy occurs in a full -time position, the following three step process shall be followed:
Step 1. The Division shall post a "Shift Vacancy Announcement" for a minimum of ten
(10) calendar days to allow any interested employee presently serving in a full -time
position within the same work unit (parks and open space maintenance, facilities
maintenance, custodial, mechanics, sign shop, and streets and utilities maintenance), to
apply for the position. The vacancy shall be filled by seniority. Any subsequent
vacancies caused by trying to fill the initial advertised vacancy shall also be filled by
seniority within the work unit. Once opportunities to fill the vacancy(ies) within the
work unit are exhausted, the last remaining vacancy may be filled pursuant to Step 2
below. Employees presently in their original appointment probationary period shall not
be eligible for vacant positions until after the conclusion of their probationary period.
Step 2. The Division shall post a "Position Vacancy Announcement" for a minimum of
ten (10) calendar days to allow any interested employee presently serving in a full -time
position within the Bargaining Unit to apply for the position. The Division shall identify,
on the "Position Vacancy Announcement ", the specialized qualifications, knowledge,
skills, and abilities required to successfully perform the duties of the vacant position. In
filling the position, the Division shall give consideration to all applicants who apply. The
following criteria shall be used in selecting an employee to fill the position: job - related
qualifications, knowledge, skills and abilities, work performance; and seniority based
upon time with the City of Dublin in a full -time regular position. Where all applicants'
qualifications, knowledge, skills, abilities and work performance are relatively equal in
the judgment of the hiring supervisor, seniority as previously defined shall be the
deciding factor. If qualifications, knowledge, skills, abilities, work performance, and
seniority are equal, seniority preference shall be determined by the individual's relative
ranking in the new hire selection process when first hired. The higher ranking shall
always receive seniority preference. Should it not be possible to determine which
candidate ranked higher in the new hire selection process, one toss of a coin shall be the
determining the factor. Employees presently in their original appointment probationary
period shall not be eligible to compete for vacant positions until after the conclusion of
their probationary period. After the selection has been made, the employee shall assume
his /her new position within sixty (60) days unless otherwise extended, for good reason,
by the Director of Service. If no member of the Bargaining Unit is determined to be
qualified to fill the vacancy, Step 3 below will be followed.
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Step 3. If no Bargaining Unit member is determined to be qualified, the position vacancy
shall be filled externally.
Section 20.4 Application of Senioritv — Planned Overtime Sian -Up and Assignment The
City agrees to offer overtime (Section 27.2) for other than non -short notice overtime
activities (Article 36) in accordance with the following:
A. Planned Overtime - Defined The City and the Bargaining Unit mutually
recognize that certain services provided by the City require work to be performed
in an overtime status (Section 27.2). These overtime activities are anticipated and
planned for in advance. Such planned overtime can include but is not limited to:
extended mowing schedules; facility shut downs for maintenance; special events;
leaf collection; etc. The Division of Streets & Utilities (hereinafter referred to as
"S &U) AM & PM shifts during the period November 15 through April 15 are
considered planned overtime even though weather - related events can be
unpredictable. Planned overtime activities may be for individual activities or to
cover periods of time for multiple activities at the discretion of the City.
B. Offer of Planned Overtime The City shall determine and post the dates, times
and number of personnel (if known) necessary to satisfy the City's needs for
planned overtime using a/n Overtime Sign -Up Sheet/s. Overtime Sign -Up Sheet/s
shall be displayed no sooner than one (1) month prior to the period to be covered.
The division shall post the sign up sheet for a minimum of four (4) calendar days
and remove the sheet (s) no sooner than one week (seven calendar days) prior to
the period to be covered.
C. Work Units — Defined Work units are defined as follows:
• Fleet Maintenance
• Custodial Services
• Grounds Maintenance
• Facilities Maintenance
• Streets & Utilities
• Sign Shop
D. Number of Positions to be Posted The number of positions to be posted by the
City for planned overtime will be at the discretion of the City.
E. S &U, November 15 to April 15 1 ' . S &U will post Overtime Sign -Up Sheet/s and
maintain a sign -up list of employees to serve on AM (12 AM to 12 PM) and PM
(12 PM to 12AM) shifts during the months November 15 to April 15 Anyone
signing up for the S &U shifts must be qualified to safely perform snow and ice
removal operations and they must possess a Class A or B Commercial Driver's
License because the most likely scenario for planned overtime during this period
is weather related (snow and ice). The AM & PM shift assignments are intended
to remain static to the maximum extent possible throughout the season in order to
provide drivers consistently assigned routes and equipment. The Director of S &U
or his /her designee will be responsible to activate the AM & PM shifts for snow
removal. Those identified for the AM & PM shifts will report for the shift for
which they have signed up November 15 to April 15 Article 36 addresses the
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"on -calf" status and call -in procedures during this same period and as it relates to
the AM and PM shifts.
F. Scheduled /Planned Overtime Sian -Up Rankine Once the Overtime Sign -Up
Sheet/s have been posted, those signing up on the sheet /s will be ranked for
assignment in the following order: Bargaining unit - members (by job classification
and work unit) on the basis of seniority starting with the most senior member of
the bargaining unit (by classification and work unit) proceeding to the least senior
member of the bargaining unit (by classification and work unit), then to all other
bargaining unit employees within the City, who can safely perform the work, and
then to non bargaining unit personnel, who can safely perform the work. Should
the Overtime Sign -Up Sheet/s subsequently not be filled, bargaining unit
members, from least senior member to most senior member (within the
classification and work unit for which the planned overtime was initiated), shall
be compelled to be placed on the Overtime Sign -Up Sheet/s. Should the
Overtime Sign -Up Sheet/s still not be filled, bargaining unit members who can
safely perform the work shall be compelled to fill the sheets in order of least to
most seniority.
G. Assignment of Planned Overtime The following governs the assignment of
planned overtime to include the AM or PM shift during the period November 15
to April 15 Streets and Utilities Maintenance Workers in the bargaining unit
shall be assigned to either an AM Shift or a PM shift. Management will allow
S &U Maintenance Workers to sign up for a preferred shift and those preferences
will be accommodated to the extent possible; however, Management will insure
experience levels and quantity of full time S &U Maintenance Workers are close
to equal on both shifts. Planned overtime will be assigned to those who are on the
Overtime Sign -Up Sheet /s as a result of filling the sheet /s in accordance with
20.4.E & F, above. Assignment will be made first to bargaining unit members (by
job classification) on the basis of seniority starting with the most senior member
of the bargaining unit (by classification) proceeding to the least senior member of
the bargaining unit (by classification), 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), shall be compelled to work the overtime assignment. "On
Call" status and short notice overtime shall be governed by Article 36.
H. Terminate and modifv Planned Overtime The City reserves the right to
terminate or otherwise modify the need and /or amount of planned overtime to be
worked at any point after ranking for planned overtime or assignment of planned
overtime has been determined.
ARTICLE 21
DISCIPLINE
Section 21.1 Discipline For Cause. No bargaining unit employee, who has successfully
completed his probationary period, shall be disciplined without cause. Cause may include,
but is not limited to, the violation of City /Departmental/Divisional rules and regulations,
incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination,
25
discourteous treatment, neglect of duty, absence without leave, any conduct unbecoming an
employee, any acts of misfeasance, malfeasance, or nonfeasance, or any off -duty illegal
conduct /behavior where there is a reasonable nexus to the individual's employment with the
City.
Section 21.2 Progressive Discipline. The principles of progressive disciplinary action will
be followed with respect to minor offenses. For minor offenses, an oral reprimand, a written
reprimand, and a suspension without pay shall be given prior to demotion or dismissal.
The primary responsibility for the administration of discipline shall rest with the appropriate
supervisory personnel over the employee to be disciplined, and such disciplinary action may
consist of any action which is appropriate to the offense, including, but not limited to:
A. Informal, oral reprimand;
B. Formal, written reprimand;
C. Suspension from duty without pay, not to exceed five (5) days;
D. Any other action appropriate to the nature or severity of the offense;
E. Dismissal.
Disciplinary action taken against an employee, which is other than in the nature of a minor
first offense warning, shall be in writing and made a part of the employee's permanent
personnel file.
Section 21.3 Pre - Disciplinary Conference. Prior to the administration of disciplinary
action constituting a suspension without pay or dismissal, a Pre - Disciplinary Conference
shall be held to give the employee an opportunity to offer an explanation regarding the
alleged offense /misconduct on his part. This Pre - Disciplinary Conference shall take place
within a reasonable period of time following the incident in question and shall not be
unreasonably delayed by either the Employer or the employee. Nothing within this Section
shall preclude the Employer from relieving the employee from duty if in the judgment of the
Employer, such action is necessary.
Section 21.4 Disciplinary Action Imposed. The Employer's decision regarding whether or
not to impose disciplinary action shall be made within a reasonable period of time following
the incident in question, or the conclusion of the Pre - Disciplinary Conference (if applicable).
Section 21.5 Copv of Discipline Record. Whenever a disciplinary action is taken which
results in a disciplinary action of record (A. through E. in Section 21.2), the employee and
the Union shall be given a copy of such record.
Section 21.6 Appeal. A bargaining unit employee (who has successfully completed his
probationary period), who feels aggrieved by the administration of discipline such as in A.
through E. of Section 21.2, may appeal such disciplinary action in accordance with the
Grievance Procedure in Article 9.
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ARTICLE 22
PERSONNEL RECORDS
Section 22.1 Personnel File. One, and only one, official personnel file shall be maintained
for each employee and shall be in the custody of the Division of Human Resources. The
personnel file shall contain all the official records of the City regarding an individual
employee, with the exception of medical records, which shall be maintained in a separate file
pursuant to applicable Federal and State Law and, which shall be considered confidential.
Where past disciplinary actions or allegations of misconduct are relevant to considerations of
future disciplinary action or promotion, only those disciplinary actions of record contained in
the personnel file shall be considered. An employee may review his personnel file at
reasonable times in the presence of the Director of Human Resources, or his designee, upon
request to the Director of Human Resources, or his designee. During the term of this
Agreement, each employee may obtain one copy of his entire personnel file at no cost. This
copy shall be provided upon request from the employee and within a reasonable period of
time. All other copies of documents shall be made available to the employee at a reasonable
charge. Anytime a document is placed in the employee's personnel file, the employee shall be
forwarded a copy of such document, with the exception of selection records and materials
created prior to the employee's date of appointment (e.g. reference checks, criminal record
checks, interview appraisal forms, etc.); such selection records /materials shall be made
available for inspection of the employee upon request to the Director of Human Resources,
or his designee. The confidentiality of matters contained in the personnel files shall be the
responsibility of the Director of Human Resources who shall release only such information
permitted by law and then only to those persons with a legitimate right to the information,
subject to the provisions of the Ohio Privacy Act, Ohio Public Record's Act, or other
applicable Federal or State Law. In the event a legitimate request is made to inspect or
obtain copies of records from an employee's personnel file, the City will make a reasonable
attempt to notify the employee that such a request has been made.
Section 22.2 Retention of Records. All actions of record, including appointment,
evaluations, promotions, counseling statements, reprimands, dismissals, suspensions, will be
maintained in each employee's personnel file throughout his period of employment. Record
of counseling statements or documented oral reprimands will not be considered for purposes
of future disciplinary action more than six (6) months after issuance provided that no
repeated offense(s) of a same or similar nature have occurred within said six (6) 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 shall be considered for the duration
of the time period for which the most recent documented disciplinary action will remain in
effect for purposes of future disciplinary action.
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Section 22.3 Inaccurate Documents. If, upon examining his personnel file, an employee
has reason to believe that there are inaccuracies in documents contained therein, he may
write a memorandum to the Director of Human Resources explaining the alleged inaccuracy.
If the Director of Human Resources concurs with the employee's contentions, he shall either
correct or remove the faulty document or attach the employee's memorandum to the
document and note thereon his concurrence with the memorandum. He may also attach the
memorandum to the document and note his disagreement with memorandum's contents.
ARTICLE 23
RATES OF PAY /WAGES
Section 23.1 Waee Structure. Effective September 1, 2010 through December 31, 2010,
the 2010 wage structure shall remain in place, as follows:
Maintenance Worker
Ste A
$39,816.22
Ste B
$42,176.82
Ste C
$44,405.26
Step D
$46,828.19
Ste E
$48,980.36
Step F
$51,055.54
Ste G
$53,077.03
Step H
$54,994.73
Auto Mechanic I
Ste A
$41,204.83
Step
$43,411.57
Ste C
$45,673.63
Step D
$48,026.62
Ste E
$50,188.25
Step F
$52,447.15
Ste G
$54,706.04
Step H
$56,964.93
Custodial Worker
Ste A
$32,306.26
Ste B
$34,560.63
Step C
$36,456.10
Ste D
$38,404.36
Step E
$40,405.41
Ste F
$42,406.47
Step G
$44,090.76
Ste H
$45,669.46
Any Maintenance Worker, Auto Mechanic I, or Custodial Worker whose anniversary date of
appointment falls between September 1, 2010 and December 31, 2010, who has not already
advanced a step in 2010, shall advance to the next existing step in the 2010 wage structure on
his /her anniversary date of appointment.
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The following wage structure shall be effective January 1, 2011 through December 31, 2011:
Custodial Worker*
Maintenance Worker*
Annual Base Wage Rate
Step
$32,306.26
Annual Base Wage Rate
1
3
$39,816.22
4
2
5
$41,120.20
6
3
7
$42,466.89
8
4
$43,857.68
5
$45,294.02
6
$46,777.40
7
$48,309.36
8
$49,891.49
9
$51,525.43
10
$53,212.89
11
$54,994.73
Custodial Worker*
Auto Mechanic I*
Annual Base Wage Rate
Step
$32,306.26
Annual Base Wage Rate
1
3
$41,204.83
4
2
5
$42,554.29
6
3
7
$43,947.94
8
4
$45,387.23
5
$46,873.66
6
$48,408.77
7
$49,994.15
8
$51,631.45
9
$53,322.38
10
$55,068.69
11
$56,964.93
Custodial Worker*
Step
Annual Base Wage Rate
1
$32,306.26
2
$34,560.63
3
$36,456.10
4
$38,404.36
5
$40,405.41
6
$42,406.47
7
$44,090.76
8
$45,669.46
* Each Maintenance Worker, Auto Mechanic I, and Custodial Worker shall remain at
his /her 2010 step rate until his /her scheduled anniversary date of appointment in 2011,
at which time he /she shall advance to the 2011 step that provides an increase.
Employees who have reached Step H prior to 1 /l /11 shall be placed in the respective
top step in 2011 on his/her anniversary date. On 1 /l /11, Custodial Worker steps A —H
shall be numbered 1 -8.
* Effective January 1, 2011, each Maintenance Worker and Auto Mechanic I shall
receive a lump sum payment in the amount of one percent (1 %) of their 12/31/10
base wage rate. This one percent lump sum payment shall not become part of each
bargaining unit member's base wage rate — it is strictly a lump sum payment.
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* Effective July 1, 2011, each Maintenance Worker and Auto Mechanic I shall
receive a lump sum payment in the amount of one -half of one percent (.5 %) of their
base wage rate in effect at that time. This one -half of one percent lump sum
payment shall not become part of each bargaining unit member's base wage rate — it
is strictly a lump sum payment.
* Effective January 1, 2011, each Custodial Worker shall receive a lump sum
payment in the amount of one -half of one percent (.5 %) of their 12/31/10 base wage
rate. This one -half of one percent lump sum payment shall not become part of each
bargaining unit member's base wage rate - it is strictly a lump sum payment.
* Effective July 1, 2011, each Custodial Worker shall receive a lump sum payment in
the amount of one -half of one percent (.5 %) of their base wage rate in effect at that
time. This one -half of one percent lump sum payment shall not become part of each
bargaining unit member's base wage rate - it is strictly a lump sum payment.
The following wage structure shall be effective January 1, 2012 through December 31, 2012:
30
Maintenance Worker*
Step
Annual Base Wage Rate
1
$39,816.22
2
$41,120.20
3
$42,466.89
4
$43,857.68
5
$45,294.02
6
$46,777.40
7
$48,309.36
8
$49,891.49
9
$51,525.43
12
$53,212.8
11
$54,994.73
12
$56,083.62
30
Auto Mechanic I*
Step
Annual Base Wage Rate
1
$41,204.83
2
$42,554.29
3
$43,947.94
4
$45,387.23
5
$46,873.66
6
$48,408.77
7
$49,994.15
8
$51,631.45
9
$53,322.38
10
$55,068.69
11
$56,964.93
12
$58,092.83
30
Custodial Worker*
Step
Annual Base Wage Rate
1
$32,306.26
2
$34,560.63
3
$36,456.10
4
$38,404.36
5
$40,405.41
6
$42,406.47
7
$44,090.76
8
$45,669.46
* Effective January 1, 2012, each Maintenance Worker and Auto Mechanic I in steps
1 through 10 shall receive a lump sum payment in the amount of one percent (1%)
of their base wage rate. This one percent lump sum payment shall not become part
of each bargaining unit member's base wage rate — it is strictly a lump sum
payment.
* Effective July 1, 2012, each Maintenance Worker and Auto Mechanic I in steps 1
through 10 shall receive a lump sum payment in the amount of one -half of one
percent (.5 %) of their base wage rate. This one -half of one percent lump sum
payment shall not become part of each bargaining unit member's base wage rate —it
is strictly a lump sum payment.
* Effective January 1, 2012, each Maintenance Worker at Step 11 shall receive a
lump sum payment of one -half of one percent (.5 %) of their base wage rate. This
one -half of one percent lump sum payment shall not become part of each bargaining
unit member's base wage rate —it is strictly a lump sum payment.
* Effective January 1, 2012, each Custodial Worker shall receive a lump sum
payment in the amount of one -half of one percent (.5 %) of their base wage rate.
This one -half of one percent lump sum payment shall not become part of each
bargaining unit member's base wage rate - it is strictly a lump sum payment.
* Effective July 1, 2012, each Custodial Worker shall receive a lump sum payment in
the amount of one -half of one percent (.5 %) of their base wage rate. This one -half
of one percent lump sum payment shall not become part of each bargaining unit
member's base wage rate - it is strictly a lump sum payment.
* On his /her anniversary date of appointment, each Maintenance Worker and Autc
Mechanic I in steps 1 through 11 shall receive a step increase to the neat highest
annual base wage rate.
* On his /her anniversary date of appointment, each Custodial Worker in steps 1
through 7 shall receive a step increase to the neat highest annual base wage rate.
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The following wage structure shall be effective January 1, 2013:
Custodial Worker*
Maintenance Worker*
Annual Base Wage Rate
Step
$32,306.26
Annual Base Wage Rate
1
3
$40,413.46
4
2
5
$41,737.00
6
3
7
$43,103.89
8
4
$44,515.55
5
$45,973.43
6
$47,479.06
7
$49,034.00
8
$50,639.86
9
$52,298.31
10
$54,011.08
11
$55,819.65
12
$56,924.87
Custodial Worker*
Auto Mechanic I*
Annual Base Wage Rate
Step
$32,306.26
Annual Base Wage Rate
1
3
$41,822.90
4
2
5
$43,192.60
6
3
7
$44,607.16
8
4
$46,068.04
5
$47,576.76
6
$49,134.90
7
$50,744.06
8
$52,405.92
9
$54,122.21
10
$55,894.72
11
$57,819.40
12
$58,964.22
Custodial Worker*
Step
Annual Base Wage Rate
1
$32,306.26
2
$34,560.63
3
$36,456.10
4
$38,404.36
5
$40,405.41
6
$42,406.47
7
$44,090.76
8
$45,669.46
* Effective January 1, 2013, each Maintenance Worker and Auto Mechanic I shall
receive an increase in the amount of one and one -half of one percent (1.5 %) of their
base wage rate, as reflected in the above 1/1/13 wage structure. This one and one-
half of one percent shall become part of each bargaining unit member's base wage
rate.
32
* Effective January 1, 2013, each Custodial Worker shall receive a lump sum
payment in the amount of one -half of one percent (. 5 %) of their base wage rate.
This one -half of one percent lump sum payment shall not become part of each
bargaining unit member's base wage rate - it is strictly a lump sum payment.
* Effective July 1, 2013, each Custodial Worker shall receive a lump sum payment in
the amount of one -half of one percent (.5 %) of their base wage rate. This one -half
of one percent lump sum payment shall not become part of each bargaining unit
member's base wage rate - it is strictly a lump sum payment.
* On his /her anniversary date of appointment, each Maintenance Worker and Auto
Mechanic I in steps 1 through 11 shall receive a step increase to the next highest
annual base wage rate.
* On his /her anniversary date of appointment, each Custodial Worker in steps 1
through 7 shall receive a step increase to the next highest annual base wage rate.
Section 23.2 Appointment and Advanced Step Fliring. The City Manager, when making
appointments to either the Maintenance Worker, or Automotive Mechanic I, or Custodial
Worker classifications, shall be authorized to recognize the overall qualifications of
candidates in determining their placement within the wage structure.
Section 23.3 Step Advancement. Following the employee's initial appointment to a position
within the Maintenance Worker, Automotive Mechanic I, or Custodial Worker
classifications, advancement to successive steps within the wage structure shall occur
annually on the employee's anniversary date of appointment.
Section 23.4 Application of Pav Rates. The rates of pay set forth in Section 23.1 are based
on full -time employment of forty (40) hours in a work week and 2,080 hours in a work year.
These rates shall be used to calculate wages for hours in paid status for the appropriate step.
"Paid Status" shall include all hours in approved paid leave including vacation, injury,
military (active duty), personal, compensatory time, sick leave, etc.
Section 23.5 Longevity Pay. In addition to the other types of compensation identified in
Section 23. 1, all employees shall receive a longevity payment based upon completed years of
service with the City according to the following schedule.
The following schedule shall be effective September 1, 2010:
Completed Years of Service
with the Citv of Dublin Amount
Four (4) through six (6) years $ 750.00
Seven (7) through ten (10) years $ 950.00
Eleven (11) through fourteen (14) years $1,250.00
Fifteen (15) through nineteen (19) years $1,500.00
Twenty (20) or more years $1,700.00
33
Longevity pay shall appear in the paychecks in which the employee's anniversary date of
appointment falls. The employee will be paid in one (1) lump sum in the form of a regular
paycheck for that given pay period which will be taxed at the employee's W -4 rate.
Should an employee be on Leave Without Pay for more than six (6) months within a
particular year during which the employee would have normally been entitled for longevity
pay, the employee shall forfeit his /her entitlement to such pay.
Section 23.6 Instant Bonus Program. All employees in the Maintenance Worker, Sign
Worker, Automotive Mechanic I, and Custodial Worker classifications shall be eligible for
an "instant bonus" in accordance with the following terms and conditions:
A. Each Department shall be allocated a proportional share of money for bonuses to
reward an individual employee or a team of employees for an exceptional effort in
implementing and completing a project or program that:
1. Significantly enhances the efficiency or effectiveness of City
operations, or;
2. Significantly exceeds expectations in the areas of performance or
customer service, or;
3. Demonstrates innovation or creativity in government.
B. If a bonus is awarded, it shall be awarded immediately, not at the end of the year.
C. An individual employee may be eligible for one instant bonus in any calendar
year. The maximum bonus amount shall not exceed $1,000.00, however, the
typical bonus will be in the area of $250.00
D. Bonuses may be awarded upon written request of the employee's supervisor,
division director or department director, detailing the employee's achievement
and recommending a bonus amount. The bonus shall not be awarded unless
approved by the department director and the City Manager. All decisions
regarding the award of bonuses shall ultimately be at the discretion of the City
Manager.
E. In the event the division director and department director believe that time off
with pay would be a more effective reward for excellence under this program, and
the time off will not negatively affect the operation of the division, the employee
may be awarded up to eight (8) hours of paid leave in lieu of a monetary bonus.
The monetary value of the time off shall be deducted from the remaining balance
of bonus funds available to the department.
F. The division director should not inform the employee of the bonus until it is
approved by the department director and City Manager.
G. To be eligible for a bonus, the employee must demonstrate a clearly exceptional
level of effort and achieve an outcome that is superior.
34
H. Once a department's bonus funds are expended in a calendar year, there will be
no additional funds available to that department until the next calendar year.
Section 23.7 Temporary Work Assienment/Pay Supplement. When an employee is
designated to perform the duties of a higher level job classification, the employee shall be
compensated at a rate of pay commensurate with that higher level job classification for all
hours during which the employee performs such duties. The rate of pay shall be within the
higher level classification's established pay range and shall be set either at the minimum of
this higher level classification's pay range or at a point ten percent (10 %) greater than the
employee's existing rate of pay, whichever is greater. However, this increased rate of pay
shall not exceed the maximum of the higher classification's pay range.
Section 23.8 Shift Differential. Shift differential pay shall be provided as follows, with the
exception of hours in paid status while on approved leave:
For employees regularly assigned to first shift, shift differential shall be applied to
any hours worked between the hours of 5:00 p.m. and 6:45 a.m.
2. For employees regularly assigned to second or third shift, shift differential shall
be applied to any hours worked.
Shift differential pay shall be applicable to actual hours worked. Shift differential shall not
be paid in addition to regular pay for any hours spent on approved paid leave, with the
exception of leave due to mandatory training, which shall qualify for shift differential pay.
Mandatory training is defined as classes /coursework where employee attendance is required
by the Division. Time spent in optional training programs shall not qualify for shift
differential pay. If authorized overtime occurs in conjunction with the regular workday, the
shift differential shall be paid for each hour of overtime worked as specified above. If shift
differential pay is applicable, and overtime occurs, the shift differential pay shall be added to
the base hourly rate prior to computing the overtime rate. Shift differential pay will be paid
on a bi- weekly basis and will not be cumulative under any circumstance.
Effective upon execution of this Agreement, the shift differential rate will be $.75 /hour.
ARTICLE 24
HOLIDAYS
Section 24.1 Paid Holidays. The following are designated as paid holidays for bargaining
unit employees:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas Day
35
Section 24.2 Dates /Days Observed. Should the Federal or State government designate a
specific date or day of the week for observation of one of the above listed holidays, the City
will generally follow that designation. For employees assigned to a Monday through Friday
(Saturday and Sunday off), when a holiday falls on a Saturday, the Friday immediately
before the holiday shall be the observed day; should the holiday fall on a Sunday, the
Monday immediately following the holiday shall be the observed day. For employees
assigned to other than a Monday through Friday workweek (Saturday and Sunday oft) the
holiday shall be celebrated on the calendar day on which the holiday actually falls.
Section 24.3 Holiday Pay.
A. If a holiday falls on an employee's regularly scheduled day off and the employee is
not required to work the holiday, or if the employee is excused from work, the
employee shall receive eight (8) hours of compensatory time at the straight time rate,
provided that the employee was not absent without authorized leave on either the
workday before or after the holiday. An employee on sick leave the workday before
or after the holiday may be required to present a doctor's certificate in order to receive
credit for eight (8) hours of compensatory time.
B. When an employee works on a City observed holiday he shall be entitled to eight
hours straight time pay plus double time pay (or compensatory time) for all hours
worked.
ARTICLE 25
PERSONAL LEAVE
Section 25.1 Allocation & Usage of Leave. Effective the first pay period of each year, all
existing employees serving in Full -Time Permanent positions, and who are in full pay status
at such time (i.e. on duty or on approved leave with pay) shall receive five (5) days (40)
hours of Personal Leave. Effective the first pay period of each year under this Agreement,
each employee, who is in full pay status (i.e. on duty or on approved leave with pay) shall
receive forty (40) hours five (5) days of Personal Leave. However, new employees
appointed during the year shall receive a pro -rated allocation of Personal Leave in
accordance with the following schedule:
Timeframe Appointed
Personal Leave Allocation
January 1 through March 31
40 Hours (5 days)
April 1 through June 30
32 Hours (4 days)
July 1 through September 30
20 Hours (2.5 days)
36
October 1 through November 30 1 8 Hours (1 day)
December 1 or later I None
In the event an employee is not in full pay status at the time personal leave is normally
allocated to each employee, yet returns to full pay status at some point thereafter, the amount
of that employee's personal leave allocation shall be pro - rated. For every pay period the
employee has been in less than full pay status, one and fifty four hundredths (1.54) hours of
personal leave shall be deducted from the normal forty (40) hours annual allocation.
Personal leave may be used by the employee provided that said leave is approved in advance
by the employee's immediate supervisor or other appropriate administrative superiors. All
personal leave must be used within the same calendar year in which it is allocated or said
personal leave shall be forfeited. Personal leave shall be paid at the employee's straight time
rate. Conflicts involving multiple requests for the same period of leave shall be resolved on a
first- come - first- served basis. Personal Leave shall not be used to artificially extend the
separation date of an employee's resignation from employment with the City. The effective
date of an employee's resignation from employment shall be the same as the employee's last
day worked.
Section 25.2 Payment for Unused Personal Leave, Layoff or Death. In the event that an
employee is laid off from City service, said employee shall be compensated for all unused
personal leave at the rate of pay in effect at the time of layoff. For any other form of
separation, no compensation will be provided to the employee for unused Personal Leave. In
the event of the employee's death, such compensation shall be paid to the employee's
surviving spouse, or secondarily, his /her estate.
ARTICLE 26
SICK LEAVE
Section 26.1 Sick Leave Accrual. All employees shall be entitled to sick leave with pay at
the rate of four and six hundred fifteen thousandths (4.615) hours per pay period. Sick leave
with pay shall accrue without limitation, with the exception that an employee shall earn the
full sick leave accrual each pay period only if the employee is in full pay status for the entire
period. In the event the employee is not in full pay status for the entire pay period, he shall
accrue sick leave at the rate of fifty -eight thousandths (.058) hours for each one (1) hour in
full pay status during the pay period. New employees shall be granted a three (3) day sick
leave "advance" upon the effective date of their appointment. However, no additional sick
leave will be allowed to accumulate until the end of the third month of employment.
Section 26.2 Use of Sick Leave. Sick leave with full normal pay shall be granted for the
following reasons:
A. Actual illness or disability of the employee;
37
B. Illness or disability of one or more of the employee's immediate family members,
requiring the employee's personal care and attendance. Immediate family, for the
purpose of this section, is defined as mother, father, spouse, son, daughter, step-
son, step - daughter, legal guardian, or someone who stands in place of a parent.
Bargaining unit members shall be permitted to petition the City Manager for
usage of sick leave for illness of family members outside the definition of
immediate family. The parties agree that the City Manager shall evaluate such
requests and may, on a case -by -case basis, approve such requests, at his
discretion.
C. Enforced quarantine of the employee in accordance with community health
regulations.
D. Necessary appointments with physicians and dentists.
E. Where injury leave has expired and the employee must be absent from work for
an additional period.
In order to qualify for sick leave payments, the employee must notify his supervisor not later
than one -half (1/2) hour after his normal starting time on the first day of absence, unless the
circumstances surrounding the absence make such reporting impossible, in which case such
report must be made as soon as possible. Sick leave for doctor or dentist appointments must
be requested forty -eight (48) hours in advance, except in emergency situations.
Absence from work due to a non -duty incurred illness or injury will be compensated for by
use of sick leave.
In the event an employee requests sick leave for a period of longer than two (2) consecutive
days, or for the day immediately preceding or following a holiday, he /she may be required by
his /her immediate supervisor to submit a doctor's certificate verifying the illness and
justifying the necessity of the absence. If the immediate supervisor determines that an
employee's use of sick leave is not justified, the immediate supervisor shall have the
authority to charge the absent time to the employee's vacation, personal leave, or
compensatory time balance or to record the absent time as leave without pay.
The City Manager, assisted by all supervisory personnel, shall be responsible for preventing
abuses of sick leave. Sick leave shall not be considered leave time which an employee may
use at his discretion for personal business. The employer may require medical proof of the
necessity for said sick leave, in which event the involved employee shall be required to
produce a statement from a medical doctor certifying to the necessity of such absence. In the
event the employee fails to submit adequate proof of the necessity for sick leave, such leave
shall be considered unauthorized leave and shall be without pay. If an employee is found to
have abused this sick leave policy, he /she shall be subject to disciplinary action, including
possible suspension or dismissal.
In the case of pregnancy, the pregnant employee will be permitted to continue working as
long as she is physically capable to do so with the approval of her physician and supervisor.
"Physically Capable" shall mean the ability to satisfactorily perform the normal job duties of
the position to which the employee is assigned, as determined by the City. If deemed
necessary by the employee's administrative superiors, the employee must provide
38
certification from a doctor of her choice that continued employment will not be detrimental
to the employee's health.
Vacation leave, personal leave, compensatory time, or approved leave without pay may be
used to supplement sick leave when the latter is exhausted. All sick leave shall be requested
by use of the established Leave Request Form.
Absence for a fraction of a day that is chargeable to sick leave in accordance with these
provisions shall be charged proportionately in one - quarter (1/4) hour increments.
Section 26.3 Conversion of Sick Leave. An employee shall be entitled to the conversion of
his /her Sick Leave as follows:
A. Conversion Upon Separation The employee may convert his /her sick leave
subject to all of the following conditions:
1) The employee separates employment while in good standing (employee's
separation must not be for just cause) with the City;
2) The employee has at least ten (10) years of full -time public service, five
(5) years of which must be full -time continuous service with the City; and
3) The employee must have a Sick Leave Balance of at least five hundred
(500) hours at the time of separation;
The rate of pay for such accumulated sick leave shall be at the employee's
straight time hourly rate of pay at separation multiplied by one -third (1/3)
of the total number of accumulated sick leave hours. Total payment under
this provision shall not exceed 700 hours. In the event an employee dies
while in the employ of the City, except as provided in paragraph (C) of
this section, and the employee has at least ten (10) years of full -time
public service, five (5) of which is full -time continuous service with the
City, his or her spouse, or secondarily his or her estate, shall be paid the
aforementioned rate of redemption for accumulated unused sick leave.
B. Annual Conversion During December of each year, each employee may convert
a portion of his /her accrued but unused Sick Leave to a cash payment subject to all
of the following conditions:
1.) The employee must have a sick leave balance of at least five hundred
(500) hours at the end of the first pay period in December;
2.) The employee must have forty (40) hours or less of sick leave usage for
the past 12 months as of the end of the first pay period in December
(FMLA protected leave exempted);
3.) The employee may convert no more than twenty -eight (28) hours of
sick leave to pay;
4.) Sick leave shall be converted at the rate of one (1) hour of sick leave to
one (1) hour of pay at the straight time hourly rate of pay;
39
5.) Once sick leave is converted to pay, it shall not be converted back to
sick leave.
6.) This payment shall be made to the employee by separate check with the
first pay of the following calendar year.
C. Killed During Performance of Duties. If an employee is killed while performing
his authorized, assigned job duties, his surviving spouse, or secondarily, the
estate, shall be paid for one hundred percent (100 %) of the value of the
employee's accrued but unused sick leave, at the straight time rate in effect at the
time of death. The amount so paid shall constitute payment in full for all accrued
and unused sick leave credited to the employee.
Section 26.4 Sick Leave Transfer from Prior Public Emplover. Any employee who has
accrued sick leave with the State of Ohio or any political subdivision of the State shall be
entitled to have this accrued sick leave transferred to the City of Dublin, provided the
employee was hired by the City within ten (10) years of resignation/separation from the prior
public Employer, and provided the City receives written verification of such prior service
from the prior public Employer. New employees hired on or after the ratification of this
Agreement, whose sick leave is transferred from another public employer, must first use sick
leave accrued with the City of Dublin prior to using his /her transferred balance. In addition,
on or after the ratification date of this Agreement, any newly hired employee's transferred
sick leave shall not be eligible for conversion to a cash payment either on an annual basis or
upon retirement or resignation.
ARTICLE 27
HOURS OF WORK AND OVERTIME
Section 27.1 Workweek. The workweek normally consists of forty (40) hours based on
five (5) consecutive eight (8) hour work days followed by two (2) consecutive days off.
The regularly scheduled workday will be eight (8) consecutive hours (other than designated
snow shifts), with two (2) 15- minute breaks each workday. Such breaks shall not interfere
with the proper performance of work responsibilities of the work unit or department, as the
case may be. The breaks will be considered as part of the employee's work time. Breaks
may normally be taken at the work site but any travel time to and from the work site is part of
the 15- minute break period and shall be included in the break. Break time shall not be
connected to starting and ending time of the employee's workday. Break time is not
cumulative and the two breaks cannot be aggregated together. There is not any time allowed
to take a lunch or meal break when working a regular eight (8) consecutive hour shift. If any
food /snacks are consumed, they will be consumed during breaks or during the shift, provided
that work is not interrupted. There is not any time allowed to travel to get any food or drinks.
Whenever possible, employees shall utilize city facilities for restroom breaks. Employees
may not use restroom breaks during the workday as an opportunity to purchase food or
drinks.
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The following are the shifts and hours of work:
3:00 p.m. to 11:00 p.m.
4:00 p.m. to 12:00 a.m.
7:00 a.m. to 3:00 p.m.
5:30 a.m. to 1:30 p.m.
The City may add shifts, such as a swing or third shift, and may modify the above shifts
provided that the City gives at least thirty (30) days written notice to the affected employees
and the Union.
Section 27.2 Overtime. Employees shall be compensated at straight -time rates for all hours
worked, as well as in paid status, except that all hours worked, or in paid status, in excess of
forty (40) hours in any workweek shall be compensated for at a rate of time - and - one -half (1-
1/2). No employee shall be paid for overtime work which has not been authorized by a
supervisor.
Section 27.3 Seventh Consecutive Day of Work. When an employee works with approval
from an appropriate supervisor on the seventh consecutive day within his scheduled work
week, and the employee has actually worked at least thirty -two (32) hours in the five (5)
previous days plus a minimum of three (3) hours on the sixth (6th) consecutive day of work,
that employee shall be compensated at the rate of double -time for all hours worked on the
seventh consecutive day. For purposes of this section, the seventh (7th) day shall be
considered to start at 12:00 midnight and end at 11:59 p.m.
Section 27.4 Call In Pav /Show -Up Pay. When an employee is called in or scheduled in
advance for work by an appropriate supervisor, and the employee reports for said work more
than thirty (30) minutes after the completion of his shift, the employee shall be paid for a
minimum of three (3) hours at the appropriate overtime rate or be credited with a minimum
of three (3) hours of compensatory time at the appropriate overtime rate.
Section 27.5 Compensatory Time. At the election of the employee, overtime may be
compensated with compensatory time off in accordance with the provisions of the Fair Labor
Standards Act. Such compensatory time off shall be equal to one and one -half (1 -1/2) times
or two (2) times, whichever may be applicable, for each one (1) hour of overtime worked.
The maximum number of accumulated compensatory hours permitted in an employee's
compensatory time bank, at any point in time, shall be two hundred forty (240). After an
employee's maximum compensatory time bank has reached two hundred forty (240) hours,
all additional overtime for such employee shall be paid at the appropriate overtime rate. If at
the end of each payroll year the employee has one hundred sixty (160) hours of
compensatory time in his compensatory time bank, he shall be permitted to convert up to
fifty (50) hours of compensatory time in said bank to cash. The calculation for converting
compensatory time to cash shall be the employee's established hourly rate of pay multiplied
by the number of hours the employee desires to convert. In the event the employee wishes to
exercise this option, it shall be his responsibility to forward a memorandum to the
Department of Finance specifying the number of hours he wishes to convert to cash, prior to
the end of the first pay period in the new calendar year. The cash conversion will then be
paid in the form of a separate payroll check and shall be forwarded to the employee on the
scheduled pay date at the conclusion of the second pay period in the new year. An employee
may carry over up to two hundred forty (240) hours of compensatory time from one payroll
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year to another. However, in no event may the employee exceed the maximum amount of
two hundred forty (240) hours in his or her compensatory time bank and all additional
overtime for such employee shall be paid at the appropriate overtime rate.
During any one payroll year, an employee may earn a maximum amount of compensatory
time of three hundred twenty (320) hours. Once the employee has earned a maximum
amount of compensatory time of three hundred twenty (320) hours in a payroll year
(inclusive of any usage during the payroll year), all other overtime for that payroll year shall
be paid at the appropriate overtime rate regardless of the number of hours of compensatory
time in the employee's compensatory time bank.
Section 27.6 Payment For Accrued Compensatory Time Upon Separation. An
employee who has accrued compensatory time shall, upon the termination of employment for
any reason, be paid for the unused compensatory time at the rate of pay received by the
employee at the time of separation. In the event of any employee's death, such compensation
shall be paid to the employee's surviving spouse or, secondarily, his estate.
Section 27.7 Use of Compensatory Time. Any request for compensatory time of more
than eight (8) consecutive hours use shall be submitted at least seventy -two (72) hours in
advance of its requested usage. The notice period may be waived in cases where
circumstances make compliance impracticable. Requests for eight (8) or less consecutive
hours use may be submitted with less than seventy -two hours' notice and may be approved,
as scheduling and operational needs of the Division permit such usage. Compensatory time
may be requested in multiples of one - quarter (1/4) hours.
ARTICLE 28
REINSTATEMENT FROM CERTAIN PERSONNEL ACTIONS
Section 28.1 Reinstatement from Resignation. Any employee who voluntarily resigns his
position within the bargaining unit, may be reinstated to a full -time position within the same
job classification from which he resigned if there is a need for his services within two (2)
years after the date of resignation, subject to approval by the City Manager. If there is no
vacancy at the time of request for reinstatement, the Director of Human Resources shall place
the name of said applicant at the top of the appropriate re- employment list for the remainder
of the two (2) year period.
Section 28.2 Reinstatement from Military Service. Pursuant to the Ohio Revised Code
Section 4903.03, any employee who leaves, or has left, the City service to enter the active
service of the Armed Forces of the United States, or any branch thereof, and who is
subsequently reinstated to employment with the City, shall be entitled to receive
compensation at the Step rate to which the employee would have been entitled had service
with the City not been interrupted by service in the Armed Services. Reinstatement rights are
also governed by the Uniform Services Employment and Re- Employment Rights Act
( "USERRA ").
Section 28.3 Reinstatement from Authorized Leave. Time spent on authorized leave shall
be credited for purposes of step advancement and shall not constitute a break in service.
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ARTICLE 29
VACATION LEAVE
Section 29.1 Vacation Year. The vacation year for employees shall end at midnight on the
last day of the payroll calendar year.
Section 29.2 Conditions for Accrual. Employees shall accrue vacation leave per pay
period at the annual rate set forth in Section 29.4. In addition, an employee shall not earn his
full vacation accrual in a given pay period unless he is in full pay status (i.e. on duty or on
approved leave with pay) in the entire pay period. In the event an employee is not in full pay
status during the entire pay period, he shall accrue vacation on a pro -rated basis taking into
account the number of hours in full pay status during the pay period and his rate of accrual at
that given time. The formula for pro- rating the employee's accrual under such circumstances
shall be the number of hours in full pay status multiplied by the converted hourly accrual
rate.
Section 29.3 Prior Public Service Credit An employee who has prior public service with
any state government, or any political subdivision thereof, may receive credit for his prior
service with such entity, for the purpose of computing the amount of his vacation leave with
the City, if the nature of said service is relevant to the nature of his service with the City of
Dublin.
A new employee of the City with less than one (1) year of prior public service, as described
under this Section shall not, within the first six (6) months of his employment with the City,
accrue or use vacation leave and, during the remaining six (6) months of his first year of
employment, said employee shall accrue and be entitled to use up to a maximum of forty (40)
hours of vacation leave.
A new employee of the City, with more than one (1) year of prior public service, as described
under this Section, shall be entitled to accrue vacation leave immediately upon appointment,
pursuant to the schedule and conditions established in this Section, provided that proper
verification of said prior public service is received by the City, and said employee shall be
entitled to use vacation leave after three months of service.
Section 29.4 Vacation Accrual Schedule. Each employee shall be entitled to vacation
leave based upon the following vacation accrual schedule:
Completed Years of Public Service Paid Vacation (Hours Per Year)
0 - 1 Year
40 Hours
2 - 4 Years
108 Hours
5 - 9 Years
142 Hours
10 - 15 Years
182 Hours
16 - 20 Years
208 Hours
21 Years or More
246 Hours
Section 29.5 Vacation Carry -Over. An employee with fewer than eleven (11) completed
years of public service may automatically carry over from one payroll calendar year to the
next a maximum of one hundred sixty (160) hours of vacation leave previously earned but
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not used. An employee with eleven (11) to nineteen (19) complete years or more completed
years of public service may carry -over a maximum of two hundred (200) hours of vacation
leave from one payroll calendar year to another payroll calendar year. An employee with
twenty (20) or more completed years of public service may carry over a maximum of two
hundred forty (240) hours of vacation leave from one payroll calendar year to another payroll
calendar year.
Section 29.6 Vacation Scheduling /Use. The Division/Department shall attempt to honor all
vacation requests in the following manner with the understanding that all vacation leaves
shall be taken at such time or times at the discretion of and as approved by the Division
Head.
A. Annual Scheduling In December of each year, the Division shall post a vacation
schedule for the following year. Employees shall submit written requests for vacation
leave by January 1. In cases of conflict, seniority shall control as to granting of
requests for vacation leave. In the event an employee's request is disapproved, that
employee shall have seventy -two (72) hours to resubmit an alternate request for
consideration. During said seventy -two (72) hour period of time, vacation requests
from other employees with less seniority shall not be approved. In the event the
employee does not resubmit his alternate request within said seventy -two (72) hour
time period, vacation requests from other employees with less seniority may then be
approved.
B. Casual Scheduling. For other than annual scheduling, employees may request
occasional, casual use of vacation leave. Approval of such casual vacation leave shall
be on a first -come first- served basis.
C. Vacation leave may be taken in multiples of one - quarter (1/4) hour.
D. Vacation Leave shall not be used to artificially extend the separation date of an
employee's resignation from employment with the City. The effective date of an
employee's resignation from employment shall be the same as the employee's last
day worked.
Section 29.7 Rates of Pav for Vacation Hours. All vacation hours shall be paid at the
applicable straight time rates; however, an employee ordered to work while on approved
vacation leave shall be paid at the double time rate, with a minimum guarantee of four (4)
hours pay for each such call -in.
Section 29.8 Payment for Accrued Vacation Leave Upon Resienation/Separation and
Death. Employees who are laid off, who resign with two (2) week's notice, or who are
separated from City service shall be paid all unused but accrued vacation to which they are
entitled at the rate of pay in effect at the time of separation. In the event of an employee's
death, such compensation shall be paid to the employee's surviving spouse, or secondarily, to
his /her estate.
Section 29.9 Annual Conversion of Accrued Vacation Leave. During December of each
year, each employee who has completed eleven (11) years of public service may convert a
portion of his /her accrued but unused vacation leave to a cash payment subject to all of the
following conditions.
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1. The employee must have a vacation leave balance of at least one hundred and twenty
(120) hours at the end of the first pay period in December;
2. The employee may convert no more than forty (40) hours of vacation leave to pay;
3. Vacation leave shall be converted at the rate of one (1) hour of vacation leave to one
(1) hour of pay at the member's current straight time hourly rate of pay;
4. Once vacation leave is converted as part of this process, it cannot be converted back
into vacation leave.
5. This payment shall be made to the member by separate check within the first pay
period of the following calendar year.
ARTICLE 30
INJURY LEAVE
Section 30.1 Iniury Leave with Pay. When an employee's absence from work is
necessitated because of an illness or injury incurred while on the job with the City and said
illness or injury is compensable under Ohio Workers' Compensation Law, injury leave shall
be granted for a period not to exceed one hundred eighty (180) calendar days after the date of
injury. Such leave shall be granted by the City Manager, or his designee, based upon the
recommendation of the Division/Department Head and upon submittal by the employee of a
statement from a licensed physician justifying that the employee is unable to return to full
work status due to the illness or injury. Such leave shall not be charged against the
employee's sick leave balance unless it is determined that the illness or injury is a non -work-
related illness or injury and is not compensable under Ohio Workers' Compensation Law. In
order to be eligible for injury leave, the employee must report the illness /injury to his
supervisor within three (3) work -days of the incident giving rise to the illness /injury.
Simultaneously with the request for injury leave, the employee shall make application and
actively pursue a claim for lost wage benefits under Ohio Workers' Compensation Law. If
the application for benefits is granted and the claim allowed, the City's obligation under the
continued use of injury leave would be the monetary difference between the employee's
regular rate of pay and benefits received under the Workers' Compensation system.
However, as an alternative to lost wage benefits from Workers' Compensation, the City
retains the right to continue approving injury leave in lieu of the employee pursuing lost
wage benefits through Workers' Compensation.
In cases where injury leave or medical leave are necessary, the City may employ a limited -
duty work program which will provide for the attempted placement of Divisional personnel
who are unable to perform in their normal capacity. The limitations imposed on injury leave
shall be considered as limitations on leave granted as a result of each incident of a work -
related illness /injury, rather than limitations on leave to be granted in any one calendar year
or other unit of time.
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ARTICLE 31
SPECIAL LEAVES
Section 31.1 Leave Without Pay. Leave without pay may be granted, upon the approval of
the City Manager, or his designee, if requested in writing by the employee. An employee on
leave without pay shall not accrue sick leave or vacation benefits and, for non- medical /non-
family leave situations or for the period beyond twelve (12) weeks of family or medical
leave, the employee will also be required to pay one hundred percent (100 %) of the cost
associated with maintaining his medical, dental, vision, and /or life insurance coverages if he
wishes any or all of said coverages continued. Failure of any employee to report promptly at
the expiration of such leave of absence shall be considered as a resignation. Leave without
pay may be granted for:
A. Personal Leave. A leave without pay may be granted at the discretion of the City
Manager, or his designee, for personal reasons not to exceed thirty (30) days without
loss of seniority, if the employee can be spared. This may be extended only with the
written approval of the City Manager, or his designee, and must be submitted in
writing a minimum of two weeks prior to the requested date of the extension.
B. Extended Illness or Accident Leave. A leave without pay may be granted to an
employee for a period not to exceed one (1) year without loss of seniority when such
employee is physically unable to report for work because of illness or accident. The
employee must promptly notify his supervisor of the necessity therefore (and the
supervisor shall transmit the request to the City Manager, or his designee, for
approval), and the employee must supply certification from a qualified physician
attesting to the necessity for such absence.
C. Maternitv Leave. A maternity leave without pay may be granted to an employee
without loss of seniority upon approval of the City Manager, or his designee.
Extension of the leave may be granted for a period not to exceed one (1) year, if the
employee's physician states in writing that such an extension is needed for
recuperative health reasons related to pregnancy. Leave without pay during the
probationary period shall not be counted part of that period.
D. Military Leave (Active 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. Contract Administration Leave. Leave without pay shall be approved for a unit
chairperson or Unit Griever or unit secretary for a period of time, cumulatively, not to
exceed a total of ten (10) calendar days per calendar year for labor contract
administration and enforcement training. The employee shall advise the supervisor
with as much advance written notice as possible, but in no case with less than forty -
eight (48) hours written notice indicating the approximate time required to attend the
training and the nature of the training.
Section 31.2 Leave with Pay. Leave with pay shall be granted upon the approval of the
City Manager, or his designee, to an employee in the following instances:
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A. Court Leave. Leave with pay shall be granted to an employee in order that he may
serve required jury duty or if he is required by law to appear in a case resulting
directly from the discharge of his duties as a City employee. In such cases, all
witness or jury fees shall be signed over to the City.
B. Bereavement Leave. In the event of a death in an employee's family, the employee
shall be entitled to up to three (3) paid work days per calendar year for funeral
services and/or burial. Additional days of personal leave, vacation leave, and
compensatory time may be approved by the City Manager, or his designee, on a
"case -by -case" basis, given the merits of each particular set of circumstances. The
family, for purposes of bereavement leave, shall include: spouse, son, daughter,
brother, sister, parent, legal guardian, person who stands in place of a parent, grand-
parent, grandchild, step- father, step- mother, step- brother, step - sister, step -son, step-
daughter, mother -in -law, father -in -law, daughter -in -law, son -in -law, brother -in -law,
sister -in -law, grandparent -in -law, half brother and half sister, aunt, uncle, or any other
relative living in the home of the employee.
C. Military Reserve Leave. A member who, as a member of the Ohio National Guard,
the Ohio Defense Corporation, the Ohio Naval Militia, or as a reserve member of the
Armed Forces of the United States, is called upon to receive temporary military
training, shall be entitled to a leave of absence with pay for a period or periods not to
exceed twenty -two (22) eight (8) hour work days or one hundred seventy -six (176)
hours in any one (1) calendar year. A member qualifying for paid military leave who
is called or ordered to the uniformed services for longer than the above period shall
be paid for the remaining time beyond the first twenty -two (22) eight (8) hour work
days or one hundred seventy -six (176) hours at his or her regular compensation rate
less whatever compensation the member may receive for such military service. If the
member's military compensation exceeds the compensation the member is otherwise
entitled to from the City, the member will not be entitled to any additional
compensation from the City.
D. Family /Medical Leave (FMLA Leave). Pursuant to the Family and Medical Leave
Act of 1993, FMLA leave may be granted to an employee who has been employed for
at least twelve (12) months by the City and who has provided at least one thousand
two hundred fifty (1,250) hours of service during the twelve (12) months before the
leave is requested. The leave may be granted up to a total of twelve (12) weeks
during any twelve (12) month rolling period for the following reasons:
1. Because of the birth of a child or placement for adoption or foster care of a
child;
2. In order to care for the spouse, son, daughter, parent, or one who stood in place
of a parent of the employee, if such spouse, son, daughter, parent, or "in loco
parentis" has a serious health condition;
3. Because of a serious health condition that makes the employee unable to
perform his /her employment functions.
The employee must provide the employer with thirty (30) days advance notice of the
leave, if such leave is reasonably foreseeable, or such notice as is practicable if thirty
47
(30) days notice is not possible. The employee must provide the employer with
certification of the condition from a health care provider. The employer, at
employer's expense, may require a second opinion on the validity of the certification.
If this second opinion contradicts the first opinion submitted by the employee, a third
opinion, at the employer's expense, shall be sought from a mutually agreeable
physician, which shall be binding on both the employee and employer. An employee
seeking FMLA leave must first use paid sick time (if applicable), vacation, personal
leave, and compensatory time before going on unpaid leave. The total amount of
family leave paid and unpaid will not exceed a total of twelve (12) weeks. In any
case in which a husband and wife entitled to family leave are both employed by the
City, the aggregate number of workweeks of leave to which both may be entitled may
be limited to twelve (12) weeks taken because of the birth of a child or placement for
adoption or foster care of a child. The employee will be responsible for his /her share
of the health insurance cost (if any) during the unpaid leave. If the employee does not
return from the leave, he /she is responsible for payment to the City of the monthly
Single /Family rate paid by the City on behalf of the employee during the leave. The
City may, at its sole discretion, waive the repayment of such amount. The City will
be responsible for the thirty (30) day plan costs under COBRA.
It is intended that this Article comply with the Family and Medical Leave Act of 1993
and the City may promulgate policies in furtherance of the Family and Medical Leave
Act that are not inconsistent with this Agreement.
E. Other. Leave with pay may be granted by the City Manager, or his designee, for
good and sufficient reasons which are considered to be in the best interest of the City,
but only in the event of extraordinary circumstances.
ARTICLE 32
LEAVE DONATION PROGRAM
Section 32.1 Purpose The purpose of this Article is to establish regulations governing the
operation of a Leave Donation Program that allows employees to voluntarily donate sick
leave, vacation leave, personal leave, or compensatory time to another employee when the
employee experiences a catastrophic illness /injury, or when such an employee's immediate
household family member experiences such an illness or injury requiring the employee's
personal care and attendance, and the employee has exhausted all of his /her sick leave,
vacation leave, personal leave, compensatory time, or other applicable paid leave balance.
Section 32.2 Definitions
Catastrophic Illness /Iniury - A devastating illness or injury that is expected to incapacitate
the employee or a member of the employee's immediate household family for an extended
period of time, provided that taking extended time off from work creates a financial hardship
for the employee because he /she has exhausted all leave balances. Catastrophic illnesses or
injuries would commonly include, but are not necessarily limited to, the following: cancer,
AIDS, heart attack, heart surgery, stroke, or permanent paralysis.
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Donation - The act of voluntarily, unconditionally, and irrevocably surrendering a portion of
one's sick leave, vacation leave, personal leave, and/or compensatory time to a qualified
employee.
Immediate Family Member - Mother, father, spouse, son, daughter, stepson, stepdaughter,
legal guardian, or someone who legally stands in place of a parent.
Section 32.3 Program Regulations
A. Eligibility
Eligibility to donate leave or to receive donated leave under this program shall be
limited to United Steelworkers bargaining unit members and all Non -Union
personnel of the City serving in full -time permanent positions. Eligibility to
receive donated leave under this program shall also be limited to those employees
who have a total of one hundred twenty (120) hours or less in all forms of paid
leave in the aggregate (i.e. sick leave, vacation leave, personal leave,
compensatory time) at the time of their written request to receive donated leave,
and who have not been disciplined for leave abuse the two (2) years prior to the
date of their request to receive donated leave.
B. Request for Leave
When an employee has less than a total of one hundred twenty (120) hours in all
forms of paid leave (as specified above) in the aggregate, the employee or the
employee's Division Head (with the employee's consent) may initiate a request
for assistance. The request shall be forwarded to the affected employee's
Department Head for review and consideration of the facts and circumstances
specific to the employee's need. Such review shall include, but not necessarily be
limited to, an assessment of a written certification from the employee's physician
regarding the employee's or family member's medical condition, an analysis of
the employee's sick leave usage and overall work history with the City of Dublin,
and consideration of input provided by the Department's supervisory /managerial
staff. Following this review by the affected employee's Department Head, the
Department Head may recommend approval for receipt of donated leave to the
City Manager. The City Manager shall make the final decision regarding
approval of the employee's request. The final decision to approve or disapprove
the request rests within the sole discretion of the City Manager.
C. Donation Process, Procedures & Requirements
Should the employee's request to receive donated leave be approved by the City
Manager, employees (herein called donors) who desire to contribute leave time
shall complete a "Leave Donation Form." Such forms shall be made available by
the Division of Human Resources and by each Department/Division. The donor
shall designate on the form the name of the employee who is to be the recipient of
the donated leave and the amount of such donated leave.
Leave shall be donated in the following sequence and amounts for each approved
recipient:
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1. The first eight (8) hours of any donation shall be vacation leave. If the donor
does not have vacation time available, this requirement may be waived or
reduced by the Department Head.
2. The second eight (8) hours of any donation shall be personal leave,
compensatory time, or vacation leave. If the donor does not have eight (8)
hours of such leave available, this requirement may be waived or reduced by
the Department Head.
3. After sixteen (16) hours of vacation leave, personal leave, or compensatory
time have been donated, or waived as specified above, sick leave may then be
donated. Sick leave donations shall be limited to forty (40) hours. After forty
(40) hours of sick leave donation has been reached, the entire donation
sequence may begin again starting with Item 1, above.
D. Minimum Donation Increments
The minimum amount of leave time which can be donated shall be one (1) hour.
Donors may contribute any amount of time at or above one (1) hour in whole
amounts (no fractions of an hour can be transferred). However, the donor shall
not be allowed to donate an amount of leave which would reduce the donor's
leave balance or combination of balances below one hundred and twenty (120)
hours of available leave time.
E. Divisional Coordinator
Should the employee's request to receive donated leave be approved by the City
Manager, the employee's Division Head shall designate another employee of the
same Division to serve as "Divisional Coordinator ". The role of "Divisional
Coordinator" shall be to facilitate the flow of information and to maintain a direct
line of communication with the recipient. Upon approval of all Leave Donation
Forms by the donor's Department Head, all such forms shall be forwarded
directly to the "Divisional Coordinator ". The "Divisional Coordinator" shall
collect all such forms, determine the proper number of hours necessary to satisfy
the recipient's need, on a pay period -by -pay period basis, match the donated leave
hours to the established need (again on a pay period -by -pay period basis), and
forward the required number of Leave Donation forms with the recipient's time
sheet directly to the Department of Finance.
Should the number of donated leave hours exceed the recipient's need for a given
pay period, those excess donated leave hours will be held in reserve by the
"Divisional Coordinator" and will be used to satisfy the recipient's continuing
future need for such hours. Should the recipient's eligibility to receive donated
leave cease, in accordance with Section 32.3 K. ( "Eligibility Ceases "), and
donated hours remain in the above referenced reserve, these hours will be
returned to the donor within a reasonable period of time thereafter. (It is critical
to note that once donated leave time is forwarded from the "Divisional
Coordinator" to the Finance Department, and such donated leave time is actually
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physically transferred from the donor's leave balance to the recipient's sick leave
balance, the donor has no right to recover any portion of such leave time.)
F. Donation Credited
Upon receipt of all approved Leave Donation Forms, the Department of Finance
will credit all donated leave time to the recipient's sick leave balance.
G. Conditions on Receipt of Leave
Before an employee may receive the donated leave, he /she must have exhausted
all of his /her sick leave, vacation leave, personal leave, compensatory time, or
other applicable leave balances available to him/her (excluding the exception
listed below).
Exception: One leave balance designated by the employee (other than sick leave)
may contain no more than twenty -four (24) hours of leave time. Such leave time
will be held in reserve to allow the employee the opportunity to take some time
off following the end of the catastrophic situation, should such time off be needed
to attend to family needs.
H. Prohibition on Continued Accrual of Leave
While using donated leave, the employee shall not accrue or receive any leave
time in excess of the twenty -four (24) hours identified in Item G, above.
L Prohibition on Conversion to Cash
All donated leave time, regardless of the type, shall be considered to be sick leave
and shall only be used under the conditions of sick leave as set forth in the
Collective Bargaining Agreement or the City Personnel Code (whichever is
applicable). No cash payments shall be provided to the employee or the surviving
spouse of the employee under this program.
J. Continuation of Medical, Dental, Vision, Life Insurance And Other Benefits
Employees using donated leave shall be considered to be in paid status solely for
the purpose of receiving all medical, dental, vision, and life insurance benefits,
step increases, merit increases, longevity payments, and seniority credit to which
they would have otherwise been entitled. However, original or promotional
probationary employees using such leave shall have their probationary periods
extended by the same length of time for which the employee has used the donated
leave.
K. EliLibility Ceases
Eligibility to receive donated leave under this program shall cease upon
certification from the employee's physician that he /she is capable of engaging in
sustained regular employment, certification from the employee's family
member's physician documenting the family member's recovery from the
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catastrophic illness /injury, an employee's application for disability retirement is
approved by the appropriate retirement system (Public Employee's Retirement
System of Ohio), or death of the employee or employee's family member,
whichever should first occur.
ARTICLE 33
INSURANCE
Section 33.1 Medical, Dental, & Vision Benefits. The City shall make available group
medical, prescription drug, dental, and vision benefits to all employees and dependents who
meet the eligibility requirements of the plan. Effective January 1, 2011, the City will provide
health insurance coverage to Employees through a high deductible, health savings account
(HSA). Annual deductibles for the calendar years beginning January 1, 2011, January 1,
2012, and January 1, 2013 shall be $2,500 for single coverage in network and $5,000 for
family coverage in network for both medical and pharmacy coverage. Once the maximum of
the deductible is met, the plan design of this program shall be substantially the same as that
in effect on December 31, 2010 with the following exceptions listed in this Article and the
corresponding Attachment A, which shall become effective on January 1, 2011. Details of
the HSA are included in Attachment A and incorporated into this Article by reference.
In addition, the City will make annual contributions to each participating employees' health
savings account based on the coverage level (single or family) and participation in the City's
Wellness program, Healthy by Choice (HBC) Plus. The benefit plan provides participation -
based and results -based wellness incentives to help offset the employee deductible amounts
under this plan design. Details of HBC Plus and the wellness program are included in
Attachment A of this Agreement.
For the calendar years beginning January 1, 2011, January 1, 2012, and 2013, the City's
annual HSA contribution for each participating employee shall be:
Participation - Based
Single Coverage: $1,125
Family Coverage: $2,250
Results — Based
$150 per health factor
A. Medical Plan
Medical Plan
Preventive Care
In- Network
Out -of- Network
100%/0%
0%/100%
Covered items include, but are not
necessarily limited to annual physical
examinations, immunizations,
mammograms, pap smears, prostate
No covered items.
exams, colonosco ies and routine lab
52
work. Services will be covered as
recommended by a physician based
on age and family history. (See Plan
Document for more information.
Medical Plan
Annual Deductible
Effective
Effective
Effective
01 -01 -2011
01 -01 -2012
01 -01 -2013
In- Network
Out -of-
See
Out -of-
See
Out -of-
85 %/15%
Network
Attachment
Network
Attachment
Network
85 %/15%
60 %/40%
A
60 0 /o/40%
A
60 %/40%
Individual
Individual
$4,000
$8,000
$4,000
$8,000
$2,500
$5,000
Family
Family
Family
Family
Family
Family
$8,000
$16,000
$8,000
$16,000
$5,000
$10,000
Both medical and pharmacy expenses will count towards the deductible. For family
coverage, the family deductible must be satisfied — either by one family employee or a
combination - before the plan pays for any covered services for you and your dependents.
Medical Plan
Co- Insurance
Effective
Effective
Effective
01 -01 -2011
01 -01 -2012
01 -01 -2013
In- Network
Out -of-
In- Network
Out -of-
In- Network
Out -of-
85 %/15%
Network
Network
Network
85 %/15%
60 %/40%
85 0 /o/15%
60 0 /o/40%
85 %/15%
60 %/40%
Medical Plan
Out -of- Pocket Maximum
Effective
Effective
Effective
01 -01 -2011
01 -01 -2012
01 -01 -2013
In- Network
Out -of-
In- Network
Out -of-
In- Network
Out -of-
85 %/15%
Network
Network
Network
Individual
Individual
Individual
Individual
Individual
Individual
$4,000
$8,000
$4,000
$8,000
$4,000
$8,000
Family
Family
Family
Family
Family
Family
$8,000
$16,000
$8,000
$16,000
$8,000
$16,000
Medical Plan
Hospital In- Patient Sta
2011
2012
2013
In- Network
Out -of-
Network
In- Network
Out -of-
Network
In- Network
Out -of-
Network
85 %/15%
60 %/40%
85 %/15%
60 %/40%
85 %/15%
60 %/40%
53
Medical Plan
Emergency Room
Effective
Effective
Effective
01 -01 -2011
01 -01 -2012
01 -01 -2013
In-
Out of-
In- Network
Out -of-
In- Network
Out -of-
Network
Network
Network
Network
85%/15%
85 0 /o/15%
85 0 /o/15%
85%/15%
85 0 /o/15%
85%/15%
Medical Plan
Mental Health/ Drug & Alcohol Out - Patient
Effective
Effective
Effective
01 -01 -2011
01 -01 -2012
01 -01 -2013
In- Network
Out -of-
In- Network
Out -of-
In- Network
Out -of-
Network
Network
Network
85%/15%
1 60%/40%
85%/15%
60%/40%
85%/15%
1 60 %/40 %
Medical Plan
Mental Health/ Dru & Alcohol ln- Patient Sta
Effective
Effective
Effective
01 -01 -2011
01 -01 -2012
01 -01 -2013
In- Network
Out -of-
ln- Network
Out -of-
In- Network
Out -of-
Network
Network
Network
85%/15%
60%/40%
85%/15%
1 60 %/40%
85%/15%
60%/40%
LifeTime Maximum
The lifetime limit or maximum on the dollar value of benefits under the City of Dublin's
medical plan no longer applies as of January 1 2011.
Coverage for Adult Dependent Children
Coverage levels will be based on the provisions outlined in the Patient Protection and
Affordable Care Act (PPACA) final regulations and by state legislation which shall be reflected
in the City's Summary Plan Description (SPD). At the time this Agreement was executed, final
regulations for the Patient Protection and Affordable Care Act were yet to be promulgated and
published by the U.S. Department of Labor and other regulatory agencies. Once these final
regulations are published, the City's Summary Plan Description (SPD) shall be amended
accordingly and such changes that result shall be incorporated into the Summary Plan
Description (SPD) and herein by reference.
Coverage for Adult Children age 26 up to age 28
If coverage is elected, a premium equivalent will be charged through a payroll deduction.
Medical Plan
Additional Coverage Limitations
Service Type Limitation
54
Rehabilitation Services
• Subject to appropriate in or out of network
co- insurance
*Effective
• Limited to 24 visits per therapy type per
Benefit
calendar year for in and out of network
combined
• Cardiac Rehab is limited to 36 visits per
01 -01 -2012
calendar year for in and out of network
Tier 1
combined
15% per rx to max co-
• Additional visits may be approved based
Generic Drugs
upon medical necessity and physician
pay of $25
documentation
Durable Medical Equipment/ Prosthetic
• Subject to appropriate in or out of network
Appliances
co- insurance
Tier 2
• Limited to $20,000 maximum benefit per
25% per rx to max co-
individual per calendar year for in and out of
- Drugs on Formula ry
network combined
Chiropractic Services
• Subject to appropriate in or out of network
co- insurance
• Limited to 40 visits per calendar year
combined in and out of network
Gastric Bypass
• Patient to be involved in diet/exercise
program for at least six (6) months prior to
surgery
• Subject to appropriate in or out of network
co- insurance
• Subject to pre - surgical review
• $25,000 lifetime maximum for surgery and
all related care
• Subject to appropriate in or out of network
Transplants
co- insurance
• No out -of- pocket maximum provision for
out -of- network services received
Prescription Plan
Additional Cove rage Limitations
Effective
*Effective
*Effective
Benefit
01 -01 -2011
01 -01 -2012
01 -01 -2013
Tier 1
15% per rx to max co-
15% per rx to max co-
15% per rx to max
Generic Drugs
pay of $25
pay of $25
co -pay of
$25
Tier 2
25% per rx to max co-
25% per rx to max co-
25% per rx to max
- Drugs on Formula ry
pay of $100
pay of $100
co-pay of
55
Flexible Spending Account
Employees may choose annually, during the established open enrollment period, to participate in
a dependent care Flexible Spending Account to cover eligible expenses as determined by the IRS.
Dependent Care Expenses
Maximum contribution of $5,000 per year per family, subject to applicable IRS regulations
Flexible Spending Account Limitations
• Employee must use the money in their FSA prior to a pre - specified deadline
• Money not used by the deadline reverts back to the City
The City will provide notice of any changes to the FSA limitations based upon the applicable
IRS regulations.
B. Dental and Vision Insurance
The City shall make available group dental and vision benefits to all employees and
dependents who meet the eligibility of the plan. The plan design of this program shall be
substantially the same as that in effect on December 31, 2010 with the following exceptions,
which shall become effective upon execution of this Agreement.
A. Premium Equivalent Contribution. The benefits of the Plan will be made available if
medical coverage is waived and if dental and vision coverage is paid for through an
annual premium equivalent.
B. Premium Equivalent Contribution. Coverage for Adult Children age 26 up to age 28.
The benefits of this Plan will only be made available if paid for through an annual
premium equivalent amount. Coverage of medical benefits does not include dental
and vision insurance and will only be available if elected and paid for with medical
coverage through a premium equivalent amount.
The following plan design shall be in effect for the term of this Agreement:
56
$100
Tier 3
Non - Formulary
30% per rx to max co-
u
30% per rx to max co-
30% per rx to max
pay of
Drugs Except
pay of $200
pay of $200
$2 00
$2
Specialty Drugs
The above co- insurance applies to mail order prescriptions; however, it is
Mail Order
for a 90 -day supply vs. 30 -day retail supply. Maximum co -pay is double
the retail max co-pay for each tier.
Stipulations
Specialty drugs available only through the UHC specialty network at a 30
day supply.
Flexible Spending Account
Employees may choose annually, during the established open enrollment period, to participate in
a dependent care Flexible Spending Account to cover eligible expenses as determined by the IRS.
Dependent Care Expenses
Maximum contribution of $5,000 per year per family, subject to applicable IRS regulations
Flexible Spending Account Limitations
• Employee must use the money in their FSA prior to a pre - specified deadline
• Money not used by the deadline reverts back to the City
The City will provide notice of any changes to the FSA limitations based upon the applicable
IRS regulations.
B. Dental and Vision Insurance
The City shall make available group dental and vision benefits to all employees and
dependents who meet the eligibility of the plan. The plan design of this program shall be
substantially the same as that in effect on December 31, 2010 with the following exceptions,
which shall become effective upon execution of this Agreement.
A. Premium Equivalent Contribution. The benefits of the Plan will be made available if
medical coverage is waived and if dental and vision coverage is paid for through an
annual premium equivalent.
B. Premium Equivalent Contribution. Coverage for Adult Children age 26 up to age 28.
The benefits of this Plan will only be made available if paid for through an annual
premium equivalent amount. Coverage of medical benefits does not include dental
and vision insurance and will only be available if elected and paid for with medical
coverage through a premium equivalent amount.
The following plan design shall be in effect for the term of this Agreement:
56
• The annual maximum benefit for preventive services, basic services, and major services
is $1,750 per plan member. Major services are increased to 75% coverage.
• The lifetime maximum benefit for orthodontia services is $2,000 per plan member.
Vision
• The schedule of allowances for Eye Examination shall not exceed $85.00.
• The schedule of allowances for Frames shall not exceed $85.00.
• The schedule of allowances for Lenses shall not exceed $125.00 for all spectacle lens
types.
• The schedule of allowances for Cosmetic Contact Lenses shall not exceed $125.00 in
lieu of spectacle lenses.
C. Patient Protection and Affordable Care Act
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.
Section 33.2 Nicotine Incentive Employees who participate in Healthy By Choice and
receive the incentive for non - tobacco use will be required to sign an 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 during the year that the incentive is otherwise
paid, the Employee shall not be eligible for such an incentive during such year or for such an
incentive during the next calendar year and further, any incentive not yet paid shall be used
to offset any non - tobacco incentive already paid. Any Employee who falsifies an attestation
regarding non - tobacco use may be subject to disciplinary action.
Employees who participate will be required to submit an appropriate nicotine testing form
authorizing such tests as a condition of participation in the program. Any employee who
refuses to participate in nicotine testing shall be ineligible for any tobacco -free incentive
offered by the City.
Section 33.3 Chance in Carriers. If it becomes necessary to change carriers (medical,
dental, vision, and life insurance benefits only), and such change would effect the benefits
under the plans, the City agrees to meet with representatives of the Union prior to
implementing the change in order to negotiate the impact of any proposed change.
Section 33.4 Life Insurance. Effective upon execution of this Agreement, the City shall
provide group term life insurance coverage in an amount equal to one and one -half (1 - /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
shall be paid by the City. For purposes of administrative efficiency, the annual base
compensation rate in effect on December 31 of each year shall be used to calculate the
amount of life insurance the employee will have the following year (e.g. annual base
compensation level in effect on 12 -31 -2009 shall be used to calculate the life insurance
57
amount the employee will have during the 2010 calendar year). In addition, the coverage
reduction provisions within the existing life insurance policy in effect as of 12 -31 -2002,
which begins at age 65, shall remain in the life insurance policy under this Agreement.
Coverage amounts shall be doubled if the employee is killed in the line of duty.
Attachment A. Healthv by Choice Plus Benefit Plan including a Health Savings Account
A. Health Savings Account. The City will provide health insurance coverage to
Employees through a high deductible, health savings account (HSA). Annual deductibles for
the calendar years beginning January 1, 2011, January 1, 2012, and January 1, 2013 shall be
$2,500 for single coverage in network and $5,000 for family coverage in network for both
medical and pharmacy coverage.
The City will make annual contributions to each participating employees' health savings
account based on the coverage level (single or family) and participation in the City's
Wellness program. The benefit plan provides participation -based and results -based wellness
incentives to help offset the employee deductible amounts under this plan design. Each
employee has the opportunity to earn results -based wellness incentives in relation to four key
health factors (blood pressure, cholesterol, body mass index/waist circumference, non -
tobacco use) in the form of additional financial contributions to their Health Savings
Accounts (HSA's).
Both the employee and spouse (if enrolled) must participate in the Wellness Program in order
to qualify for the annual contribution based on family coverage. Employees who have a
spouse also employed by the City have two options: (1) elect one family coverage plan
through either the Employee or Spouse's position, or (2) or both elect single coverage. If
either Employee or spouse has dependent children, they must elect the first option.
Participating employees, newly hired during the year shall have the City's contribution to
their HSA prorated based on the number of full months employed by the City in that initial
year.
B. Wellness Incentives. Each employee has the opportunity to earn results -based wellness
incentives in relation to four key health factors (blood pressure, cholesterol, body mass
index/waist circumference, non - tobacco use) in the form of additional financial contributions
to their Health Savings Accounts (HSA's) for calendar years beginning January 1, 2011,
January 1, 2012, and January 1, 2013 during the open enrollment period.
C. Other Wellness Incentives. In addition, two additional opportunities to earn partial
results -based wellness incentive will be offered during the year for blood pressure,
cholesterol and BMI/waist circumference, for those who did not meet the health factor targets
at open enrollment based on the following schedule:
1st Re- testing Date:
2/3 of the results -based reward for meeting the health factor target
1/3 of the results -based reward for showing progress towards either the cholesterol and /or
waist circumference target
2 °d Re- Testing Date
1/3 of the results -based reward for meeting the health factor target
58
1/3 of the results -based reward for showing progress towards either the cholesterol and /or
waist circumference target
Progress toward the health factor target is defined as taking the difference between the City's
health factor target and your actual measurement; divide by three. You must improve at least
that much.
Participating employees, newly hired during the year shall have the opportunity to participate
in a re -test screening that will be offered during the year. The amount of the contribution
will be based on the schedule listed under 33C, above.
D. City's Deposits. Deposit of the City's contribution into a HSA for each calendar year
will be based on the following schedule:
Contribution for Participation -Based Incentive: 1/3 of the contribution will be deposited
January 1 ". The remaining 2/3's will be deposited beginning April 1" on a per pay basis
throughout the end of the year.
Contribution for Results -Based Incentives, both the open enrollment testing and re- testing
will be made when earned and are not pro - rated. .
E. Emplovee "Health Savings Account" Contribution — Participation in Wellness
Program
If the employee (and dependent spouse, if applicable) enrolls in the City's Wellness Initiative
as described below, the City will make an annual contribution described in Paragraph 33.1 A.
Enrollment in the City's Wellness Initiative (Healthy by Choice Plus) is described below:
Medical Plan
Employee "Health Savings Account" Contribution
Wellness Initiative
An annual opportunity to voluntarily participate in the Healthy by Choice Plus program to
earn contributions towards a Health Savings Account (HSA) will be made in
accordance with the City's wellness initiative as follows; an employee and enrolled
spouse must designate participation on an annual basis uring open enrollment.
2011
2012
2013
An employee will receive a
An employee will receive a
An employee will receive a
Contribution towards a
Contribution towards a
Contribution towards a
Health Savings Account if
Health Savings Account if
Health Savings Account if
employee (and enrolled
employee (and enrolled
employee (and enrolled
Spouse) choose to
Spouse if applicable)
Spouse if applicable)
participate in the City's
choose to participate in the
choose to participate in the
Wellness Initiative and
City's Wellness Initiative
City's Wellness Initiative
designate such during
and designate such during
and designate such during
established open enrollment
established open enrollment
established open enrollment
period including:
period including:
period including:
Requirement(s):
Requirement(s)
Requirement(s):
Employee and enrolled
Employee and enrolled
Employee and enrolled
59
spouse, if applicable, take
on -line Health Risk
Appraisal, participate in
screenings and submit
documentation during
established open enrollment
period; complete preventive
visit with physician; and
participate in educational
program. Results are not
spouse, if applicable, take
on -line Health Risk
Appraisal; screenings and
submit documentation
during established open
enrollment period,
complete preventive visit
with physician; and
participate in educational
program. Results are not
reviewed by City personn
spouse, if applicable, take
on -line Health Risk
Appraisal; screenings and
submit documentation
during established open
enrollment period, complete
preventive visit with
physician; and participate in
an educational and activity
program. Results are not
reviewed
reviewed
F. Emplovee "Health Savings Account" Contribution — Result Based Wellness
Incentive
If the employee (and dependent spouse, if applicable) voluntarily participate in the City's
Results -Based Wellness Incentive as described below, the City will make an annual
contribution described in Paragraph 33.1 B. The results -based incentives are based on
meeting four key health factors targets described below:
Health Factor
HBC Target
Controlled Blood Pressure (based
<140/90 **
on up to three separate
readings)*
Controlled total cholesterol (based
«OOmg/dl or LDL < =100
on finger stick blood
draw)*
BMI or waist measurement at the
BMI <= 25 or if BMI >25, waist
navel
circumference of 35 inches
female /40 inches male
Tobacco Use
Tobacco free for one year and at time of
screenin
*With or without medication to control ** May test three times during screening appointment
An employee and enrolled spouse who elect to participate in the results -based incentives
must attend a screening exam to be held on -site or other location as chosen by the City, in
order to qualify for the incentive contributions for blood pressure, cholesterol, BMI or waist
circumference. Off -site screenings will not be accepted. Participating employees and spouses
will be asked to sign an affidavit about their tobacco use to qualify for the incentive in
relation to being tobacco -free.
If it is unreasonably difficult due to a medical condition for a participating employee or
enrolled spouse to achieve a health factor under the Healthy by Choice Plus program or if it
medically unadvisable to do so, the City of Dublin will make available a reasonable
alternative standard to qualify for the requirement. In order to qualify for requirement, an
employee or spouse must submit a statement from a physician confirming that a health factor
makes it unreasonably difficult to meet the requirements of the program.
G. Wellness Initiative Enrollees Recreation Center Membership
If the employee enrolls in the City's Wellness Initiative during the annual open enrollment
period, the employee shall be entitled to a free Dublin Community Recreation Center
membership during such period of enrollment.
60
ARTICLE 34
TRAINING AND TUITION REIMBURSEMENT
Section 34.1 Training. In recognition of the value of continuing education and professional
development of employees, the City agrees to provide training opportunities for employees
within the bargaining unit at the City's expense. This training may be either initiated by the
City pursuant to a training schedule or by the employee, with the approval of the Division
Head or his designee. The training shall be related to an employee's performance of his job
duties or in preparation for job duties which may be assigned to the employee after
completion of training.
Reasonable effort shall be made to accommodate the training to the employee's regular work
schedule. The Division shall endeavor to provide as much advanced notice as practical to
employees regarding their training schedules. In that this training is a work - related duty, the
employee shall receive all pay and benefits to which he is otherwise entitled during training.
The expense for employees who are required or requested to attend training schools,
seminars, or other instructional or educational programs, including examination to increase
their knowledge and further their competency in their occupation with the Employer, shall be
paid by the Employer as follows:
A. Registration fees, tuition charges for the training school, seminar, or educational
or other instructional programs.
B. The employer shall pay for meals when not provided by the tuition.
C. The employer shall pay the current rate for mileage, as determined by the IRS,
when an employee is not provided with a City -owned vehicle. Where overnight
lodging is provided at the City's expense, an employee will only be reimbursed
for mileage to and from the training facility on one occasion each way unless
otherwise approved or directed by the Division Head. All other travel shall be
considered to be non - work - related and non - reimbursable. Bus, train, or airfare at
tourist rate will be provided for lengthy trips when travel is approved by the City
Manager.
D. Hotel or motel charges when lodging is not provided as a term of tuition payment.
E. Hourly rates will be paid when schools or training are scheduled during regular
working hours.
F. All necessary tools and equipment required by the course of instruction.
Checks may be issued in advance for paragraphs A. and D. of this Section.
Section 34.2 Tuition Reimbursement.
A. Reimbursement Program. All employees of the bargaining unit may participate
in the City's Tuition Reimbursement Program. Under this program, each
employee shall be eligible for a maximum of three thousand dollars ($3,000) in
61
reimbursement per calendar year for fees and required textbooks, and courses of
instruction voluntarily undertaken. Courses of instruction eligible for
reimbursement under this program shall include courses necessary for job - related
degree programs or courses of study not necessarily within a job - related degree
program but which are still job - related. In addition, only coursework provided by
a recognized institution (e.g. college, university, community college, post
secondary technical school, etc.) shall be eligible for reimbursement under this
program. No reimbursement shall be approved for correspondence courses.
B. Necessary Approval. All coursework subject to reimbursement shall be
transmitted, in advance and through the Division/Department Head, to the
Director of Human Resources for approval. The Division/Department Head shall
provide a written recommendation concerning approval/disapproval of the request
at time of transmittal to the Director of Human Resources. If practicable, an
employee shall make application for approval of coursework at least fifteen (15)
days prior to commencement of the course of study. The Director of Human
Resources shall evaluate the employee's coursework/degree program for job -
relatedness and shall notify the employee, in writing, regarding his
approval /disapproval of said course - work/degree program on that basis. The City
agrees that approval of coursework/degree program will not be unreasonably
withheld. An employee may receive blanket approval for an entire degree
program or a continuing course of study if all courses within the program are
identified. If all or part of the program is approved, the employee need not
reapply for approval for each course within the portion(s) approved. If all or part
of the program/coursework is disapproved by the Director of Human Resources,
the employee may appeal, in writing, said disapproval directly to the City
Manager within seventy -two (72) hours of notification from the Director of
Human Resources. The City Manager will issue a written decision on the
employee's appeal within five (5) working days of receiving said appeal.
C. Course Attendance. Courses are to be taken on other than scheduled working
hours, unless approval is obtained from the Division Head, or his designee, to take
such courses on work time.
D. Reimbursement Procedure. Reimbursement shall be made upon successful
completion of a course with a grade of C (2.00) or better. The employee shall
submit an official transcript or certificate demonstrating successful completion of
the course and a receipt from the institution confirming the employee has paid for
tuition, fees, and required textbooks. Any financial assistance available to an
employee shall be deducted from the amount of tuition reimbursement that would
otherwise be payable. The employee shall not be reimbursed for incidental
expenses such as paper or supplies, mileage, parking, meals, or other expenses
other than tuition, fees, and required textbooks.
E. Pavback for Early Separation. In the event that an employee separates his /her
service with the City within the first year after reimbursement, the employee must
pay back one hundred percent (100 %) of the reimbursement. If an employee
separates service within the second year after reimbursement, the employee must
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
62
satisfy such obligation by the former employee may generate an adverse
recommendation in response to future reference checks by prospective employers.
ARTICLE 35
TRAINING ASSIGNMENTS
Section 35.1 Compensation Any bargaining unit member who, when designated to serve
in a training capacity, where the training is substantial enough to require prior planning,
preparation, scheduling, and notice, shall be entitled to two (2) hours of compensatory time
for each eight (8) hours of training time spent with the trainee . In order for the training
designation to be valid, it must be issued at the Maintenance Supervisor level or above.
ARTICLE 36
ON -CALL STATUS /SHORT- NOTICE OVERTIME
Section 36.1 "On Call" Status Procedures and Assignment of Short Notice Overtime
The City agrees to offer overtime (Section 27.2) for other than non -short notice overtime
activities (Article 36) in accordance with the following:
Section 36.2 Short Notice Overtime and "On Call" - DeFmed 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 call" 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 call" 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:
A. Offer of On -Call Status The City shall determine and post the dates, times and
number of personnel necessary to satisfy the City's needs for individuals to be
placed in an on -call status using On -call Sign -Up Sheet/s. On -call Sign -Up Sheet/s
shall be displayed no sooner than one (1) month prior to the period to be covered
and will be removed no sooner than one week (seven calendar days) prior to the on-
call period. Postings will cover no more than one (1) week at a time. The division
shall post the sign up sheet for a minimum of four (4) calendar days.
B. Work Units — DeFmed Work units are defined as follows:
• Fleet Maintenance
• Custodial Services
• Grounds Maintenance
• Facilities Maintenance
• Streets & Utilities
• Sign Shop
63
C. Duration of On -Call Status Employees serving in an "on -call" status shall serve in
such status for periods of seven (7) calendar days at a time.
D. Number of Positions to be Offered The number of positions to be posted by the
City for "on -call' status shall not exceed a total of twenty -five (25) for all work
units combined and no more than fourteen (14) from any one work unit. This list
will be used for all short notice events outside of snow removal season. The
Bargaining Unit shall fill the list.
E. The following procedure outlined in provisions one (1) through seven (7) below
will be used during snow removal season, which runs from November 15 to April
15
1. The S &U snow removal shifts will be divided into an AM shift and a PM shift.
The AM shift will be from 12am to 12pm. The PM shift will be from 12pm to
12am. This shift set -up will be used for Streets & Utilities and Mechanics.
2. There will be fourteen (14) people on the snow event "on -call' list from Streets &
Utilities. In addition, the "on -call' list will also include the following
breakdown of bargaining unit employees: Five (5) Parks & Open Space, two (2)
Mechanics, two (2) Custodial and two (2) Sign Shop. Each work unit will
maintain its own "on -call" list.
3. When the S & U "on call' list is not filled by S & U bargaining unit members, the
remaining vacant "on call" positions shall be filled by bargaining unit members
(by job classification and work unit) that are qualified for snow and ice removal
and possess a Class A or B Commercial Drivers License.
4. The "on call' will run for 1 week and S & U, Custodial Services, Grounds
Maintenance, Facilities Maintenance, and Sign Shop on call period starting at
7:00 AM on Tuesday and will end at 7:00 AM the following week (seven 7
days). Management can at its discretion change the days and times of the on -call
week; however, all work units shall have consistent on -call weeks and times and
the on call period must be seven days.
5. While on call within your work unit, you are not eligible to sign up for S & U
snow "on call'. Assignments of AM & PM on call shifts will mirror the AM and
PM snow shifts.
6. To be eligible to be on call in S &U, employees must also be assigned to the
corresponding AM or PM S &U planned overtime assignment (Article 20.4 E
through G).
64
For snow event situations the "on -calf' list that will be used will be based on what
shift is listed for the time of the snow event necessitating the call -in. Of the fourteen
(14) bargaining unit members from the Streets and Utilities "on -calf' list seven (7)
bargaining unit members must be from the AM shift and seven (7) bargaining unit
members must be from the PM shift.
If the need for overtime is initiated between 9 PM and 9 AM, then the AM on -call
personnel will be called to report to work. If the need for overtime is initiated
between 9 AM and 9 PM, then the PM on -call personnel will be called to report to
work.
F. Overtime Sign -Up Ranking for Planned Overtime Once the On -call Sign -Up
Sheet /s have been posted, those signing up on the sheet/s will be ranked for
assignment in the following order: Bargaining unit members (by job classification
and work unit) on the basis of seniority starting with the most senior member of the
bargaining unit (by classification and work unit) proceeding to the least senior
member of the bargaining unit (by classification and work unit), then to all other
bargaining unit employees (by classification) within the City, who can safely
perform the work, and then to non bargaining unit personnel who can safely perform
the work. Should the Overtime Sign -Up Sheet/s subsequently not be filled,
bargaining unit members, from least senior member to most senior member (within
the classification and work unit for which the planned overtime was initiated), shall
be compelled to be placed on the Overtime Sign -Up Sheet /s. Should the Overtime
Sign -Up Sheet /s still not be filled, bargaining unit members (by classification) who
can safely perform the work shall be compelled to fill the sheets in order of least to
most seniority.
G. Assignment of Short Notice Overtime The following governs the assignment of
short notice overtime: short notice overtime will be assigned to those who are on the
On -call Sign -Up Sheet /s as a result of filling the sheet/s in accordance with Article
36, above. Assignment will be made first to bargaining unit members (by job
classification and work unit) on the basis of seniority starting with the most senior
member of the bargaining unit (by classification and work unit) proceeding to the
least senior member of the bargaining unit (by classification and work unit), then to
all other bargaining unit members (by classification) and then to non bargaining
unit personnel who can safely perform the work . Should the overtime assignment
subsequently not be filled, bargaining unit members, from least senior member to
most senior member (within the classification and work unit for which the planned
overtime was initiated), shall be compelled to work the overtime assignment.
Should the overtime assignment subsequently not be filled, bargaining unit
members, from least senior member to most senior member (by classification), shall
be compelled to work the overtime assignment. Planned overtime shall be governed
by Article 20.4.
H. Termination of Short Notice Overtime Because the parties agree to maximize the
opportunity for bargaining unit members to have priority to sign up for "on calf'
status and to be assigned short notice overtime, all those called in for the short notice
overtime, including others, are permitted to work that overtime until the situation is
resolved or until he /she can be replaced by another employee of the appropriate
work unit and classification on their regularly assigned shift.
65
Section 36.3 "On -Call" — Communications The employer shall provide and maintain, at its
expense, the necessary communication device (pager, mobile phone, etc.) to those
Bargaining Unit members in an "on -calf' status. In order to be in an "on -call" status and /or
while in an "on -calf' status, the employee must be in the "coverage area" of the
communication device provided by the City.
Section 36.4 "On -Call" — Notification Those Bargaining Unit Members in an "on -calf'
status will be notified of the need to fulfill a short notice overtime assignment via the
communication device provided per Section 36.3, above. The Employer will make the
necessary notification by "calling" (not two -way) the Bargaining Unit members in the "on-
call" status by Division and work unit by seniority. The Employer will call members from
most senior to least senior. If a member does not immediately answer when called, the
employer shall go to the next most senior member on the list and continue this process until
the necessary numbers of members respond. If not enough members respond after calling all
members in the "on -calf' status for that work unit, the employer may either start at the top of
the list again, then initiate calls to members of the same work unit, not in an "on -call" status.
Should the employer determine the "on -calf' 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 -calf' status will still receive "on -call"
pay.
Section 36.5 "On -Call" — Response Those Bargaining Unit members in an "on -calf' status
shall verbally respond to a notification immediately upon receipt. Once the Bargaining Unit
member verbally responds, he /she must report to the Service Center within thirty -five (35)
minutes, under normal driving conditions. Failure to respond, verbally and /or physically, to a
notification while in "on -calf' status will result in a forfeiture of his /her "on -calf' pay for that
day. Failure to respond to a notification twice in one (1) seven (7) day period, while in "on-
call" status, may result in the Bargaining Unit member being barred from "on -calf' status for
no longer than two (2) consecutive weeks.
Section 36.6 "On -Call" — Inability to Perform If a Bargaining Unit Member cannot meet
the obligation of the "on -calf' status for which he /she has been selected, he /she must provide
forty -eight (48) hours notice to the "on -call" supervisor in advance. The Member will then
not be paid "on -calf' pay for those hours not in an "on -calf' status. Repeated requests from a
Member to be removed from "on -calf' status may result in the Bargaining Unit member
being barred from "on -calf' status for no longer than two (2) consecutive weeks.
Section 36.7 "On -Call" — Fit for Duty Bargaining Unit Members placed in an "on -calf'
status must refrain from alcohol/drug consumption and activities, which may preclude
him/her from being fit to perform assigned work when responding to a notification. The
following addresses the issue of fitness for duty in relation to sick leave:
A. That should a member call in sick for his /her regularly scheduled shift on a day on
which he /she is serving in an on -call capacity, that member must call his /her on -call
Crew Leader by 3:00 p.m. (for all first shift employees) and by 9:30 p.m. (for all
second shift employees) that same day to advise the on -call Crew Leader regarding
whether he /she is still too sick to fulfill his /her obligation for that evening, if called
upon, or has recovered to the point he /she can successfully fulfill his /her obligation
if called upon. Should the member advise the on -call Crew Leader that he /she is fit
66
to fulfill his /her obligation for that evening, if called upon, he /she shall remain in
on -call status. Should the member advise the on -call Crew Leader that he /she is
unfit to fulfill his /her obligation if called upon, then he /she shall forfeit his /her on-
call pay until he /she has again returned to his /her regularly scheduled shift without
illness.
B. That should a member advise an on -call Crew Leader (when calling in later that day)
that he /she is fit to fulfill his /her obligation that evening if called upon, and later
that evening, when called in, reports for work in an obviously unfit capacity due to
illness ( i.e. vomiting, weakness), such that a reasonable on -call Crew Leader would
have a legitimate concern for the member's own safety, the safety of fellow
members, or the safety of the general public, the on -call Crew Leader may send the
member home and the member shall forfeit his /her on -call pay until which time
he /she again reports for his /her regularly scheduled day shift without illness.
C. That should a member be on approved FMLA (Family and Medical Leave Act)
Leave (for his /her own serious health condition) for the time frame that overlaps
with the time a member is in on -call status, the member shall forfeit his /her on -call
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 -call situations. Examples of such are as follows:
1. when a member has a scheduled Doctor of Dentist appointment during
that day; and
2. when a member is taking care of a sick family member.
Section 36.10 "On -Call" — Pay Bargaining Unit members in "on- call" status shall be
compensated at the rate of $1.05 per hour for those hours in "on- call" status outside the
employee's normally scheduled work hours and when not in an overtime status. Bargaining
unit members will not be compensated for "on- call" status during lunch/dinner /meal break
periods. Further, hours in an "on- call" status do not constitute hours in paid status for
purpose of computing overtime. The calculation of hours worked for an employee in "on-
call" status will commence upon the employee speaking with the "on- call" supervisor and
confirming that he /she is responding to work until he /she "clocks out."
ARTICLE 37
EMPLOYEE INCENTIVE PROGRAMS /DISCOUNTS
Section 37.1 Emplovee Incentive Programs. Members of the bargaining unit shall be
eligible for employee incentive programs (e.g. Personal Computer Purchase Program,
Wellness Program incentives /awards, etc.) offered to other non - bargaining unit employees of
the City. Eligibility to participate in these incentive programs and receipt of any awards
through these programs shall be governed by the written program rules, regulations, and
requirements as approved by the City Manager.
67
Section 37.2 Emplovee Discounts. Should Dublin City Council approve employee
discounts in the future, the City agrees to apply such approved employee discounts to
bargaining unit employees and non - bargaining unit employees alike. Likewise, any Council
approved modifications to present or future discounts will also be applied to bargaining unit
employees and non - bargaining unit employees alike.
ARTICLE 38
TRAVEL /MILEAGE REIMBURSEMENT
Section 38.1 Reimbursement. Whenever an employee is authorized to engage in or to
undertake official business for the City, that employee shall be reimbursed for reasonable and
necessary expenses and travel. If practicable, the employee shall be allowed the use of a City
vehicle for travel. If not practicable, reimbursement for authorized use of a personal
automobile shall be at the standard rate per mile set by the Internal Revenue Service. The
City Manager is hereby authorized to establish and implement reasonable regulations
regarding reimbursement for expenses and travel.
ARTICLE 39
PROVISION OF MEALS UNDER
UNUSUAL, EMERGENCY OR SPECIAL CONDITIONS
Section 39.1 Provision of Meals. When employees are required by the City to work under
unusual, emergency, or special conditions (e.g. snow removal, traffic control for festivals and
special events, disasters, required City functions, etc.) where meal breaks would not be
practical or possible, the City shall provide meals to such employees. The City shall
determine the methodology, means, procedures, and maximum cost associated with
providing such meals and the City Manager shall establish reasonable regulations governing
the provision of such meals.
ARTICLE 40
REQUIRED LICENSES, REGISTRATIONS, OR CERTIFICATIONS
Section 40.1 Required Licenses, Registrations, or Certifications. Any costs /fees
associated with obtaining any Employer required licenses, registrations, or certifications,
after appointment, as listed in the City's job classification descriptions for Maintenance
Worker, and Auto Mechanic I (e.g. Commercial Driver's License, Public Operator's
Pesticide Application License, National Institute of Automotive Service Excellence
certifications) shall be paid by the Employer. In addition, reasonable effort shall be made by
the Employer to accommodate the need for employees to take any required examinations
during the employees' regular work hours.
68
ARTICLE 41
CLOTHING, EQUIPMENT, AND PERSONAL PROPERTY
Section 41.1 Shoe, Glove and Carhart Allowance. All bargaining unit employees shall be
provided an allowance for the cost of steel -toed safety shoes, required gloves and Carhart
outerwear in an amount of $450.00 per calendar year. Each bargaining unit employee shall
receive his or her allowance via separate check on the second regularly scheduled pay
distribution of each calendar year. The Carhart outerwear must be brown/tan in color and
must be kept clean. When such outerwear is excessively worn, it must be discarded and
replaced by the employee. The City reserves the right to require outerwear that is excessively
worn to be replaced by the employee. It is the employee's choice on what type of outerwear
is purchased.
Section 41.2 Prescription Safetv Glasses. Once during the term of this Contract, the City
will provide prescription safety glasses, as needed and with proper supporting
documentation, to employees who are required to wear safety glasses in the performance of
their job duties. The cost to the City shall not exceed $125.00.
Section 41.3 Damaged Personal Property. Prescription eye glasses, contact lenses, or
watches, which are damaged during the performance of the employee's assigned job duties,
shall be replaced by the City, except where the damage is due to the employee's fault, via a
reimbursement procedure, up to a maximum of seventy -five dollars ($75.00) in any calendar
year. Requests for the replacement of the above named damaged personal property must be
submitted in writing to the Division Director, identifying the circumstances under which the
damage occurred as well as the type, brand name, model, value, and condition of the property
prior to the damage occurring, together with the damaged property. If such request is
subsequently approved, the employee shall be reimbursed for the purchase of replacement
personal property, as named above, which, in all respects, is substantially similar to that
which was damaged, up to the maximum value identified above, provided that the employee
submits a valid receipt identifying the type, brand name, model, dollar amount, etc. of the
property purchased as a replacement.
ARTICLE 42
TOOL REPLACEMENTS /UPGRADES
Section 42.1 Amount The City shall pay for upgrades or replacements to each Auto
Mechanics hand -tool set in an amount not to exceed $800.00 per calendar year. The City
shall reimburse the mechanic for such upgrades /replacements, up to such amount per
calendar year, in accordance with the submission of a valid receipt documenting the purchase
of such tools.
ARTICLE 43
DURATION
69
Section 43.1 Duration. All of the provisions of this Agreement shall become effective upon
execution by a representative of both parties, unless otherwise specified. This Agreement shall
continue in full force and effect for a term of three (3) years from September 1, 2010.
Section 43.2 Signatures. Signed and dated at Dublin, Ohio on or as of this the
day of
UNITED STEELWORKERS:
Leo Gerard, President USW
Fred Redmond, Vice President USW
Thomas M. Conway, Vice President USW
James English, Secretary Treasurer USW
Dave McCall, Director of District 1 USW
Billy Boyce, Sub - District Director USW
Timothy Underhill, Unit Chair USW
CITY OF DUBLIN:
Marsha I. Grigsby, Interim City Manager
David L. Harding, Director of HR
Paul L. Bittner, Labor Counsel
70
COLLECTIVE BARGAINING
AGREEMENT
THE CITY OF DUBLIN
AND
THE UNITED STEEL WORKERS OF
AMERICA
TERM OF AGREEMENT: SEPTEMBER 1, 2010 - SEPTEMBER 1, 2013
TABLE OF CONTENTS
ARTICLE 1 - AGREEMENT ............................................................................ ..............................1
Section1.1 Agreement ........................................................................... ..............................1
Section1.2 Purpose ................................................................................ ..............................1
Section1.3 Severability ......................................................................... ..............................1
Section1.4 Applicability ....................................................................... ..............................1
ARTICLE 2 - RECOGNITION ......................................................................... ..............................1
Section2.1 Recognition ........................................................................ ..............................1
Section 2.2 Bargaining Unit ............................................................. ............................... 1 -2
ARTICLE 3 - DUES CHECKOFF/FAIR SHARE ............................................ ..............................2
Section 3.1 Dues Check Off ................................................................... ..............................2
Section3.2 Fair Share ............................................................................ ..............................3
Section 3.3 PAC Check Off ................................................................... ..............................3
ARTICLE 4 - NO STRIKE/NO LOCKOUT ..................................................... ..............................3
Section4.1 Employer Pledge ................................................................. ..............................3
Section4.2 Union Pledge ....................................................................... ..............................3
Section 4.3 Applicability of Grievance Procedure ................................ ..............................4
Section 4.4 Employers Right to Discipline ............................................ ..............................4
Section 4.5 Union Responsibility .......................................................... ..............................4
ARTICLE 5 - NONDISCRIMINATION .......................................................... ..............................4
Section5.1 Joint Pledge ........................................................................ ..............................4
Section 5.2 Gender Ref erence ............................................................... ..............................4
ARTICLE 6 - MANAGEMENT RIGHTS ........................................................ ..............................4
Section 6.1 Management Rights ......................................................... ............................4 -6
ARTICLE 7 - LABOR /MANAGEMENT MEETINGS .................................... ..............................6
Section7.1 Meetings ............................................................................. ..............................6
ARTICLE 8 - BARGAINING UNIT BUSINESS ............................................. ..............................6
Section 8.1 Unit Officials ...................................................................... ..............................6
Section 8.2 Negotiating Committee ....................................................... ..............................7
Section 8.3 Bargaining Unit Leadership Training ................................. ..............................7
Section8.4 Cell Phone .......................................................................... ..............................7
ARTICLE 9 - GRIEVANCE PROCEDURE ....................................................
..............................7
Section 9.1 Definition/ Jurisdiction ........................................................
..............................7
Section 9.2 Qualifications ....................................................................
............................7 -8
Section9.3 Timeliness ...........................................................................
..............................8
Section 9.4 Grievance Form ..................................................................
..............................8
Section 9.5 Grievance Procedure ...........................................................
..............................8
Step1 -Division Head ......................................................................
..............................9
Step 2 - City Manager or Designee ...................................................
..............................9
Step3 - Arbitration ....................................................................
............................... 9-10
Section9.6 Working Days .................................................................... .............................10
ARTICLE 10 - WORK RULES ....................................................................... .............................10
Section10.1 Work Rules ................................................................... ............................... 10
ARTICLE 11 -POLITICAL ACTIVITY ......................................................... .............................10
Section 11.1 Political Activity ..................................................... ............................... 10 -11
ARTICLE 12 - PROBATIONARY PERIOD ................................................... .............................11
Section12.1 New Hires ..................................................................... ............................... 11
Section12.2 Promotions ................................................................... ............................... 11
Section 12.3 Lateral Transfers ............................................................. .............................11
ARTICLE 13 - EMPLOYEE ASSISTANCE PROGRAM .............................. .............................11
Section 13.1 Employee Assistance ................................................... .......................... 11 -12
Section 13.2 Coverage Terms and Conditions ................................... ............................... 12
Section 13.3 Other Terms and Conditions ................................... ............................... 12 -13
ARTICLE 14 - DRUG FREE WORKPLACE ................................................. .............................13
Section14.1 Purpose ............................................................................ .............................13
Section14.2 Policy ........................................................................... ..........................13
-14
Section 14.3 Drug -Free Awareness & Employee Assistance ...... ...............................
14 -15
Section 14.4 Supervisory Training ...................................................... .............................15
Section 14.5 Non - Supervisor Training .............................................. ...............................
15
Section 14.6 Criminal Convictions & Notification Requirement . ...............................
15 -16
ARTICLE 15 - CONSUMPTION OF ALCOHOL .......................................... .............................16
Section15.1 Purpose .......................................................................... ...............................
16
Section15.2 Policy ........................................................................... ..........................16
-17
Section 15.3 Alcohol Awareness & Employee Assistance ................ ...............................
17
Section 15.4 Supervisory Training ..................................................... .............................17
ARTICLE 16 - EMPLOYEE DRUG & ALCOHOL TESTING PROGRAM . .............................17
Section 16.1 Purpose of Testing .................................................. ...............................
17 -18
Section 16.2 Terms and Conditions of Testing .................................... .............................18
Section 16.3 Drug and Alcohol Testing Procedures .................... ...............................
18 -20
Section 16.4 Referral To Employee Assistance Program .................... .............................20
ARTICLE 17 - USE OF PRESCRIPTION & "OVER- THE - COUNTER" MEDICATION
......20
Section17.1 Purpose ............................................................................ .............................20
Section 17.2 General Terms & Conditions .................................. ...............................
20 -21
Section 17.3 Failure to Notify Supervisor ........................................... .............................21
ARTICLE 18 - LAYOFFS ................................................................................ .............................21
Section18.1 Layoff s ............................................................................ .............................21
Section 18.2 Call- back ...................................................................... ..........................21
-22
ARTICLE 19 - MISCELLANEOUS ................................................................ .............................22
Section 19.1 Agreement Copies ............................................................ .............................22
Section 19.2 Bulletin Boards .............................................................. ............................... 22
ARTICLE 20 - SENIORITY ............................................................................ .............................22
Section20.1 Seniority .................................................................. ............................... 22 -23
Section 20.2 Application of Seniority - Leave Requests .................... ............................... 23
Section 20.3 Application of Seniority - Shift Vacancy & Position Vacancy ............. 23 -24
Section 20.4 Application of Seniority - Overtime Assignments ... ............................... 24 -25
ARTICLE 21 - DISCIPLINE ............................................................................
.............................26
Section 21.1 Discipline For Cause ........................................................
.............................26
Section 21.2 Progressive Discipline .....................................................
.............................26
Section 21.3 Pre - Disciplinary Conf erence ............................................
.............................26
Section 21.4 Disciplinary Action Imposed .......................................
............................... 26
Section 21.5 Copy of Discipline Record .............................................
............................... 26
Section21.6 Appeal ..............................................................................
.............................27
ARTICLE 22 - PERSONNEL RECORDS ....................................................... .............................27
Section 22.1 Personnel File ................................................................ ............................... 27
Section 22.2 Retention of Records ............................................... ............................... 27 -28
Section 22.3 Inaccurate Documents ..................................................... .............................28
AR TTCLE 23 - RATES OF PAY/WAGES
28
.................................................... ...............................
Section 23.1 Wage Structure ........................................................ ...............................
28 -36
Section 23.2 Appointment and Advanced Step Hiring ........................ .............................36
Section 23.3 Step Advancement . ....................................................... .............................36
Section 23.4 Application of Pay Rates .............................................. ...............................
36
Section 23.5 Longevity Pay ................................................................. .............................36
Section 23.6 Instant Bonus Program ................................................. ...............................
37
Section 23.7 Temporary Work Assignment/Pay Supplement ..... ...............................
37 -38
Section 23.8 Shift Diff erential ........................................................... ...............................
38
ARTICLE 24 - HOLIDAYS ............................................................................. .............................38
Section 24.1 Paid Holidays .................................................................. .............................38
Section 24.2 Dates/Days Observed .............................................. ............................... 38 -39
Section24.3 Holiday Pay ..................................................................... .............................39
ARTICLE 25 - PERSONAL LEAVE ............................................................... .............................39
Section 25.1 Allocation & Usage of Leave ................................. ............................... 39 -40
Section 25.2 Payment for Unused Personal Leave, Layoff or Death .. .............................40
ARTICLE 26 - SICK LEAVE .......................................................................... .............................40
Section 26.1 Sick Leave Accrual ......................................................... .............................40
Section 26.2 Use of Sick Leave ................................................... ............................... 40 -41
Section 26.3 Conversion of Sick Leave ....................................... ............................... 42 -44
Section 26.4 Sick Leave Transfer from Prior Public Employer .......... .............................44
ARTICLE 27 -HOURS OF WORK AND. OVERT£ ME ................................. .............................44
Section 27.1 Workweek .................................................................... ..........................44 -45
Section27.2 Overtime ......................................................................... .............................45
iii
Section 27.3 Seventh Consecutive Day of Work ................................. .............................45
.............................49
Section 27.4 Call In Pay /Show -Up Pay ............................................... .............................45
.............................49
Section 27.5 Compensatory Time ................................................ ...............................
45 -46
Section 27.6 Payment For Accrued Compensatory Time Upon Separation ...................
_46
Section 27.7 Use of Compensatory Time .......................................... ...............................
46
ARTICLE 28 - REINSTATEMENT FROM CERTAIN PERSONNEL ACTIONS ....................46
.............................52
Section 28.1 Reinstatement from Resignation ..................................... .............................46
............................... 52
Section 28.2 Reinstatement from Military Service .............................. .............................46
............................... 52
Section 28.3 Reinstatement from Authorized Leave ........................... .............................46
53 -55
ARTICLE 29 - VACATION LEAVE .............................................................. .............................46
.............................49
Section 29.1 Vacation Year ................................................................. .............................47
.............................49
Section 29.2 Conditions for Accrual .................................................... .............................47
.............................49
Section 29.3 Prior Public Service Credit ............................................ .............................47
49 -50
Section 29.4 Vacation Accrual Schedule ............................................. .............................47
50 -52
Section 29.5 Vacation Carry- Over ....................................................... .............................47
.............................52
Section 29.6 Vacation Scheduling/ Use ................................................ .............................48
............................... 52
Section 29.7 Rates of Pay for Vacation Hours .................................... .............................48
............................... 52
Section 29.8 Payment for Accrued Vacation Leave Upon Resignation /Separation .............
53 -55
andDeath .............................................................................................. .............................48
.............................56
Section 29.9 Annual Conversion of Accrued Vacation Leave ...........................
48 -49
ARTICLE 30 - INJURY LEAVE .....................................................................
.............................49
Section 30.1 Injury Leave with Pay .....................................................
.............................49
ARTICLE 31 - SPECIAL LEAVES .................................................................
.............................49
Section 31.1 Leave Without Pay .................................................. ...............................
49 -50
Section 31.2 Leave with Pay ........................................................ ...............................
50 -52
ARTICLE 32 - LEAVE DONATION PROGRAM .........................................
.............................52
Section32.1 Purpose .........................................................................
............................... 52
Section32.2 Def initions .....................................................................
............................... 52
Section 32.3 Program Regulations .............................................. ...............................
53 -55
ARTICLE 33 - INSURANCE ..........................................................................
.............................56
Section 33.1 Medical, Dental, & Vision Benef its ........................ ...............................
56 -60
Section 33.2 Nicotine Incentive ................................ ...............................
60 -61
Section 33. -23Change in Carriers ..........................................................
.............................62
Section 33.34 Life Insurance ................................................................
.............................62
ARTICLE 34 - TRAINING AND TUITION REIMBURSEMENT .......... ................................... 62
Section34.1 Training ........................................................................... .............................62
Section 34.2 Tuition Reimbursement .................................................. .............................64
ARTICLE 35 - TRAINING ASSIGNMENTS ................................................. .............................64
Section 35.1 Compensation ............_ ......................................._.._ ._._...._...................... 64
ARTICLE 36 - SHORT NOTICE OVERTIME & "ON- CALL" ..................... .............................64
ry
Section 36.1 Short Notice Overtime Assignments ...............................
.............................64
Section 36.2 "On -Call'
- Posting and Sign- Up .....................................
.............................64
Section 36.3 "On -Call'
- Communications .................................. ...............................
64 -67
Section 36.4 "On -Call'
-Notification ...................................................
.............................67
Section 36.5 "On -Call"
-Response ............................................... ...............................
67 -68
Section 36.6 "On -Call'
- Inability to Perform ...................................
............................... 68
Section 36.7 "On -Call'
- Fit for Duty ...................................................
.............................68
Section 36.8 "On -Call'
- Pay ........................................................ ...............................
68 -69
ARTICLE 37 - EMPLOYEE INCENTIVE PROGRAMS /DTSCOUNTS ....... .............................69
Section 37.1 Employee Incentive Programs ......................................... .............................69
Section 37.2 Employee Discounts ........................................................ .............................69
ARTICLE 38 - TRAVELMLEAGE REIMBURSEMENT ........................... .............................69
70
Section 38.1 Reimbursement ................................................................ .............................69
ARTICLE 39 - PROVISION OF MEALS UNDER
UNUSUAL, EMERGENCY OR SPECIAL CONDITIONS . .............................69
Section 39.1 Provision of Meals ........................................................... .............................69
ARTICLE 40 - REQUIRED LICENSES, REGISTRATIONS, OR CERTIFICATIONS ............
70
Section 40.1 Required Licenses, Registrations, or Certifications ......... .............................70
ARTICLE 41 - CLOTHING, EQUIPMENT, AND PERSONAL PROPERTY ...........................70
Section 41.1 Shoe and Glove Allowance ............................................. .............................70
Section 41.2 Prescription Safety Glasses ............................................. .............................70
Section 41.3 Damaged Personal Property ............................................ .............................70
ARTICLE 42 - TOOL / REPLACEMENT / UPGRADES ................................... .............................71
Section42.1 Amount ......................................................................... ...............................
71
ARTICLE 43 - DURATION ............................................................................ .............................71
Section43.1 Duration .......................................................................... .............................71
Section43.2 Signatures ........................................................................ .............................71
ARTICLE 1
MorawkTIMNU
Section 1.1 Agreement. This Agreement is made and entered into at Dublin, Ohio by and
between the City of Dublin, as Employer, also referred to as "Employer ", and the United Steel,
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers.
International Union, also referred to as the "Union". Unless otherwise specified in this
Agreement, no changes in this Agreement shall be negotiated during its duration unless there is
written accord to do so by and between the parties. Any negotiated changes, to be effective and
incorporated in this Agreement, must be in writing and signed by the parties.
Section 1.2 Purpose. The purpose of the Agreement is to set forth all covenants between the
parties regarding the wages, hours, terms and conditions of employment for those employees
included in the bargaining unit identified herein.
Section 1.3 Severability. Should any part of this Agreement be held invalid by operation of
law by a tribunal of competent jurisdiction or by revision of the Ohio Public Employee
Collective Bargaining Act by the State Legislature, it shall be of no further force and effect, but
such invalidation of such point or provision shall not invalidate the remaining portions hereof
and they shall remain in full force and effect. In the event of invalidation, and upon written
request by either party, the parties to this Agreement shall meet within forty-five (45) days of
receipt of the written request, in an attempt to modify the invalidated provisions by good faith
negotiations.
Section 1.4 Applicability. This Agreement, when executed, shall supersede and replace all
applicable state and local laws which it has authority to supersede and replace. Where this
Agreement is silent, the provisions of applicable law, regulation, or policy shall prevail.
ARTICLE 2
RECOGNITION
Section 2.1 Recognition. The Employer recognizes the Union as the sole and exclusive
representative for all employees included in the bargaining unit described herein in any and all
matters relating to wages, hours, terms and conditions of employment, and the continuation,
modification, or deletion of an existing provision of this Agreement and for the administration of
this Agreement.
Section 2.2 Bargaining Unit. There shall exist in the City of Dublin a bargaining unit
consisting of.
All regular full -time employees within the Maintenance Worker (including those
physically located within the Division of Engineering), Sign We
A�e -Sete iee
Werk Automotive Mechanic I, and Custodial Worker classifications within the
Division of Streets & Utilities, Division of Parks & Open Space, axd Division of
Facilities Management. —, and Division of Fleet Management.
The following employees are excluded from the bargaining unit:
All Maintenance Crew Supervisors, Automotive Mechanics II, Operations
Administrators, and all other managerial, supervisory, seasonal, casual,
confidential, and professional employees as defined in the Ohio Collective
Bargaining Act
References throughout this Agreement to bargaining unit members shall mean employees within
this bargaining unit.
ARTICLE 3
DUES CHECKOEF/FAIR S HARE
Section 3.1 Dues Check Off.
A. The Employer agrees to deduct Union membership dues, initiation fees, and/or
assessments in the amount specified by the Union from the pay of those employees
who individually request in writing that such deductions be made. Upon receipt of
the proper authorization, the Employer will deduct dues from the next payroll check
following receipt of the authorization card. Dues shall be deducted from each payroll
period, and the total amount of deductions shall be remitted each month by the
Employer to the International Secretary- Treasurer of the Union at the address which
he authorizes for that purpose.
B. The authorization card may be submitted at any time and shall continue in effect until
the annual anniversary date of this Agreement. An employee may cancel Union
membership at any time, however, the revocation of the dues deduction authorization
may only be canceled between the 40th and 30th calendar days prior to each annual
anniversary date of this Agreement. Dues deductions authorizations not revoked
during this ten (10) day period shall continue in effect for successive Agreement
year(s). Written notice of the dues deduction revocation shall be served upon the
Employer and the Union by the employee.
C. The parties agree that neither the employees or the Union shall have a claim against
the Employer for errors m the processing of deductions, unless a claim of error is
made to the Employer in writing within thirty (30) days after such error is claimed to
have occurred or was known to have occurred. If it is found that an error was made,
it will be corrected in the following dues deduction.
D. The Union hereby agrees that it will indemnify and hold the Employer harmless from
any claims, actions, or proceedings by an employee arising from deductions made by
the Employer pursuant to this Article. Once the funds are remitted to the
International Secretary- Treasurer of the Union, their disposition thereafter shall be the
sole and exclusive obligation and responsibility of the Union.
Section 3.2 Fair Share. Any employee who is not a member of the Union shall, as a condition
of employment, pay a monthly service charge (Fair Share) not to exceed the dues paid by a
member to the Union.
All employees who do not become members in good standing of the Union shall, as a condition
of employment, pay a fair share fee to the Union effective sixty (60) days from the employee's .
date of hire or sixty (60) days from the effective date of this Agreement
The fair share fee amount shall be certified to the Employer by the Secretary- Treasurer of the
Union. Payment by the Employer of the amount certified to the Employer by the Secretary-
Treasurer of the Union shall indemnify the Employer from liability alleged as a result of
wrongful, incorrect, improper or otherwise erroneous payments made or required to be made by
or under the terms of this Agreement. Payment to the Union of fair share fees shall be made in
accordance with the regular dues deduction.
The Union has an internal procedure to determine a rebate, if any, for non - members which
conforms to federal law. The rebate procedure provides for a rebate of expenditures in support
of partisan politics or ideological causes not germane to the work of employee organizations in
the realm of collective bargaining. Any non - member must make a timely request of the Union
for this rebate. Absent arbitrary and capricious action, such determination is conclusive on the
parties except that a challenge to such determination may be filed with the State Employment
Relations Board within thirty (30) days of the determination and the State Employment Relations
Board shall review the rebate determination and decide whether it was arbitrary or capricious.
The deduction of the fair share fee from any earnings of the employee shall be automatic and
does not require written authorization for payroll deduction.
Section 3.3 PAC Check Off. The Employer agrees to deduct voluntary contributions to the
Steelworkers PAC fund from employees pay in an amount designated by that employee on the
form provided by the Union for the purpose of such voluntary check off. The Employer will be
given the signed authorization forms prior to any such deductions being made. The total amount
of deductions shall be remitted monthly to the International Union at the address authorized for
thatpurpose.
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, shall for any reason, cause, permit, or engage in picketing, a sit
down, a strike, a boycott, a stand in a slow down, a work stoppage, curtailment or restriction of
production or interference or interruption of work or other interference with the Employer's
business or operation, including but not limited to a general strike, a sympathy strike, a slow
down or other interference or interruption of work 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 shall not
authorize, condone, ratify, permit, sanction or acquiesce in any of the activities described above
in Section 4.2 of this Article and, should any such activities occur, the Union, by its officers,
agents, and members, shall be obligated to take affirmative steps to terminate such activities
including but not limited to promptly ordering its members to resume their normal work duties,
notwithstanding the existence of any picket line. Should the employer experience any economic
loss as a consequence of any Union representative or member engaging in any activity prohibited
in Section 4.2 of this Article, the Union shall indemnify the City of Dublin for its economic loss.
ARTICLE 5
NONDISCRIMINATION
Section 5.1 Joint Pledge. The provisions of this Agreement shall be applied equally to all
employees without regard to age, sex, race, color, religion, political affiliation, disability or
national origin. The City and the Union agree to work jointly to maintain a culture within the
bargaining unit free from discrimination and to promote equal employment opportunity in the
application of this Agreement.
Section 5.2 Gender Reference. All reference to employees in the Agreement designate both
sexes, and whenever the male gender is used, it shall be construed to include male and female
employees.
ARTICLE 6
MANAGEMENT RIGHTS
Section 6.1 Management Rights. To assure that the City (Employer) continues to perform its
legal duties to the public and to maintain efficient and responsive service for and protection to
the citizens of the City of Dublin, the City retains the right to determine Departmental,
Divisional, and City policies and procedures to manage the affairs of the City in all respects.
References to Departments or Divisions refer to the entities within the City employing
employees in the bargaining unit covered by this Agreement. Except where otherwise
specifically limited by this Agreement, the City retains the right and responsibility to:
I . Determine the size and composition of the work force, the organizational structure
of the City and the methods by which operations are to be performed by City
employees.
2. Manage the City's budgets, including but not limited to the right to contract or
subcontract any work or operations of the City. However, the City will bargain
over the effects, if any exist, of the decision to contract or subcontract out work.
3. Determine the nature, extent, type, quality, and level of services to be provided to
the public by the City and the manner in which those services willbe provided.
4. Determine, change, maintain, reduce, alter, or abolish the technology, equipment,
tools, processes, or materials the City's employees shall use.
5. Determine job descriptions, procedures, and standards for recruiting, selecting,
hiring, training, andpromoting employees.
6. Assign work, subcontract or contract out work, establish and/or change working
hours, schedules, and assignments as deemed necessary by the City to assure
efficient City, Departmental or Divisional operations.
7. Direct and supervise employees and establish and/or modify performance
programs and standards, methods, rules and regulations, and policies and
procedures applicable to the City's employees.
8. Hire, evaluate, promote, retain, transfer (permanently or temporarily), assign
(permanently or temporarily) employees.
9. Discharge, remove, demote, reduce, suspend, reprimand, or otherwise discipline
employees for cause.
10. Lay -off employees, because of lack of work or funds or under circumstances
where continued work would not be cost efficient, reasonable or effective.
11. Determine matters of inherent managerial policy which include, but are not
limited to, areas of discretion or policy such as the functions and programs of the
City, standards of services, its overall budget, utilization of technology, and
organizational structure.
12. Maintain and improve the efficiency and effectiveness of the City's operations.
13. Determine the overall methods, processes, means, or personnel by which the
City's operations are to be conducted.
14. Determine the adequacy of the work force.
15. Determine the overall mission of the City.
16. Effectively manage the work force.
17. Take actions to carry out the mission of the City.
The rights and powers of the City (Employer) contained in this Article do not list or limit all
powers, and the rights listed together with all other rights, powers, and prerogatives of the City,
not specifically limited in this Agreement, remain vested exclusively in the City.
ARTICLE 7
LABOR /MANAGEMENT MEETINGS
Section 7.1 Meetings. In the interest of sound labor /management relations, upon request of
either party, at a mutually agreeable date and time, not more than seven (7) representatives of the
Employer shall meet with not more than seven (7) representatives of the bargaining unit to
discuss pending issues and/or problems and to promote a more harmonious labor /management
relationship.
An agenda will be exchanged by the parties at least five (5) working days in advance of the
scheduled meeting with a list of matters to be taken up in the meeting and the names of those
representatives from each side who will be attending. All matters on the agenda requested by the
parties to be discussed, will be discussed. The purpose of such meeting shall be to
1. Discuss the administration of this Contract.
2. Discuss grievances which have been processed beyond the final Step of the
Grievance Procedure, when such discussions are mutually agreed to by the
parties.
3. Discuss any pending items related to civil rights issues.
4. Disseminate general information of interest to the parties.
5. Consider and discuss health and safety matters relating to employees.
6. Discuss any other items the parties mutually agree to discuss.
ARTICLE 8
BARGAINING UNIT BUSINESS
Section 8.1 Unit Officials. The bargaining unit is authorized to select five (5) Unit Grievers
and one (1) Unit Chairperson to conduct bargaining unit business. One Unit Griever shall serve
employees in each of the following areas: facilities, parks & open space, custodial,
streets & utilities, and fleet/sign shop. The Unit Grievers and Unit
Chairperson, upon giving reasonable advanced notice, and upon receiving authorization from the
Director of Parks & Open Space, the Director of Streets & Utilities, the Director of
Administrative Services or the Director of Engineering (whichever is applicable), shall be
allowed reasonable time off during regular working hours, not to exceed 12 hours per month, to
investigate a grievance, consult with the Employer in addressing labor/ management issues or in
processing a grievance, or to assist in the settlement of a dispute. The applicable Division Head
may authorize additional time if the Union presents proper justification supporting the need for
such time. Permission to perform these functions shall not be unreasonably denied.
Section 8.2 Neeotiafine Committee. On days where collective bargaining negotiations
between the Union and the Employer actually take place, not more than six (6) duly elected
representatives from the bargaining unit, consisting of the five (5) Unit Grievers and the one (1)
Unit Chairperson, will be released from their regular job functions to attend such negotiation
sessions, provided, however, that such attendance does not take any shift below minimum
staffing levels (as determined by the Deputy City Manager) nor create an overtime obligation to
the City. The Union will notify the Employer of the names of the representatives who will be
serving on the negotiation team prior to the first negotiation meeting. Members of the Union
negotiation team, as reported by the Union to the Employer, shall each receive sixteen (16) hours
per month of release time with pay to attend private work sessions of the Union negotiation
team, beginning no earlier than four (4) months prior to the expiration of the existing Agreement
No overtime obligation shall be incurred by the City as a result of any bargaining unit member
attending work sessions or any other sessions related to negotiations.
Section 8.3 Bareainine Unit Leadership Trainine Each Unit Griever and the Unit
Chairperson shall receive five (5) days of release time with pay per year to attend special
leadership training sponsored by the Union. Furthermore, each Unit Griever and the Unit
Chairperson shall also be allowed an additional five (5) days of unpaid leave per year, with no
loss in seniority, for the same purpose. The Unit Grievers and Unit Chairperson shall give their
supervisors reasonable advanced notice when attending such training.
Section 8.4 Cell Phone. The City shall furnish a cell phone to the Unit Chair for the purpose of
conducting City business. The cost shall be home by the City. The City will determine the plan
and equipment issued.
ARTICLE 9
GRIEVANCE PROCEDURE
Section 9.1 Definition /Jurisdiction. The term "grievance" shall mean an allegation by the
Union that there has been a breach, misinterpretation, or improper application of this Agreement.
The grievance procedure shall not be used to affect changes in the Articles of this Agreement nor
those matters not covered by the Agreement. The grievance procedure shall be the sole and
exclusive remedy for resolving disputes between the parties. Grievances pertaining to
suspension, removal, or termination shall automatically commence at Step 2 of the Grievance
Procedure, and are subject to Step 3, Arbitration. The only recourse for a suspension or
termination is through the Grievance Procedure; no recourse shall be pursued through any other
administrative procedure or board of review.
Section 9.2 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
shall automatically move to the next step except that the Union must serve an appeal to
arbitration within the time limits prescribed in Section 9.5, even if no response or answer from
the Employer is forthcoming. If the Union fails to appeal or submit a grievance to the next step
within the time limits prescribed herein, it shall be deemed denied and not further appealable.
The time limits set forth in this Agreement may be extended by mutual written agreement of the
parties.
A grievance may be brought by any employee (with the Union's consent) covered by this
Agreement with the appropriate Unit Griever. Where a group of bargaining unit employees
desires to file a grievance involving an incident affecting several employees in the same matter,
one employee shall be selected by the group to process the grievance with the appropriate Unit
Griever. Each employee to be included in such grievance shall be named in the grievance.
Any grievance that originates from alevel above the first step of the grievance procedure may be
submitted directly to the step or level from which it originates by mutual agreement of the
parties.
Section 9.3 Timeliness. All grievances must be initially timely filed by the Union pursuant to
the time limits set forth in Section 9.5, Step 1. Failure to file a grievance in a timely fashion will
result in its denial and will bar the grievance from being processed further through the procedure.
The Union may withdraw a grievance at any point by submitting in writing a statement to that
effect, or by permitting the time requirements at any step to lapse without further appeal.
Section 9.4 Grievance Form. All grievances shall contain the following information and will
be filed using the grievance form mutually agreed uponby bothparties:
1. The aggrieved employee's name and signature;
2. the aggrieved employee's classification;
3. date grievance was filed in writing;
4. date, time, and location where the incident or action upon which the grievance is
based occurred;
5. a description of the incident or action giving rise to the grievance;
6. articles and sections of the Agreement violated,
7. desired remedy to resolve the grievance.
Amendments to a grievance shall not be made, other than by mutual agreement of the parties
once a request for Arbitration has been submitted.
Section 9.5 Grievance Procedure. It is the mutual desire of the Employer and the Union to
provide for prompt adjustment of grievances, with a minimum amount of interruption of the
work schedule. The Employer and the Union agree to make a reasonable effort to effect the
resolution of grievances at the earliest step possible. In furtherance of this objective, the
following procedure shall be followed:
Step 1 - Div�Director of Parks & Open Space, Director of Streets & Utilities, Director
of Administrative Services. The intent of Step 1 is to enable the applicable Director to address
grievances originating in the respective work units under their direction. In order for an alleged
grievance to receive consideration under this procedure, the grievant, either alone or with the
appropriate Unit Griever, if the former desires, or the Union in cases of policy or class action
grievances, must identify, in writing, signed by the grievant and/or the Unit Griever, the alleged
grievance to the affected employee's lwisie 14@ad respective Director within ten (10) working
days after the employee or the Union gains knowledge of the occurrence or facts that gave rise to
the grievance. The grievance shall identify the particular Articles and Sections of the Agreement
that were alleged to have been violated. The Piv� respective Director shall investigate
and provide an appropriate answer in writing within ten (10) working days following the date on
which the Piv� Director was presented the written grievance. If the grievance involves
the employee's Pwisie Mead Director, the grievance may be filed directly at Step 2 of the
grievance procedure.
Step 2 - City Manager or Designee. If the grievance is not resolved at Step 1, the appropriate
Unit Representative may forward the grievance to the City Manager or his designee within seven
(7) working days after receiving the Step 1 answer. The City Manager or his designee shall have
ten (10) working days in which to schedule a meeting with the aggrieved employee, the Unit
Griever, the Unit Chairperson, and a USW representative. The City Manager or his designee
shall investigate and respond in writing to the grievance within ten (10) working days following
the Step 2 meeting.
Step 3 - Arbitration. If the grievance is not satisfactorily resolved at Step 2, the Union may make
a written request that the grievance be submitted to arbitration. A request for arbitration by the
Union must be submitted within thirty (30) calendar days following the date the grievance was
answered or should have been answered at Step 2 of the grievance procedure. In the event that
the grievance is not forwarded to arbitration by the Union within the time limits prescribed, the
grievance shall be considered resolved and shall proceed no further. The Union shall request a
list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service
(FMCS) and shall submit a copy of such request to the Employer. Upon receipt of the list of
seven (7) arbitrators, the parties shall select an arbitrator. If the parties are unable to mutually
agree on an arbitrator, an arbitrator will be selected by the parties by alternative strike with the
parties right to strike the first name being determined by a flip of the coin.
The arbitrator shall hold the arbitration hearing promptly and issue his decision within thirty (30)
calendar days after the closing of the record, unless mutually agreed otherwise by the parties.
The arbitrator shall limit his decision strictly to the interpretation, application, or enforcement of
those specific articles and/or section of this Agreement in question. The arbitrator shall not have
the authority to add to, subtract from, modify, change, or alter any provision of this Agreement,
nor add to or subtract from or modify the language contained therein in rendering an award
within the Arbitrator's jurisdictional limitations. The award of the arbitrator will be final and
binding upon both parties.
The arbitrator's award and the arbitration proceedings identified in this Article are subject to the
relevant provisions of Chapter 2711 of the Ohio Revised Code.
Both the Union and the Employer shall share equally in the cost of the Arbitrator's fee.
Expenses of any witnesses shall be home, if any, by the party calling the witnesses. The fees of
any court reporters shall be paid by the party asking for same; such fees shall be split equally if
both parties desire a court reporter's recording of the proceedings. If a grievance is settled prior
to a scheduled arbitration hearing, the parties shall split the cost of any cancellation fees.
An employee, Unit Griever, or Union officer requested to appear at the arbitration hearing by
either party, whose presence is necessary, shall attend without the necessity of a subpoena.
Section 9.6 Workine Days. For the purposes of this Article, working days shall typically be
defined as Monday through Friday and shall exclude Saturday, Sunday, and recognized holidays,
except when a particular employee is regularly scheduled to work on days other than Monday
through Friday. Working days also mean the working days of the party who is responsible for
initiating action or responding to a grievance at the appropriate step in the Grievance Procedure.
ARTICLE 10
WORK RULES
Section 10.1 Work Rules. The Employer agrees that, to the extent reasonable, work rules, and
any changes thereto, shall be reduced to writing and provided to all employees in advance of
their enforcement. Any charge by an employee that a work rule or Departmental/Divisional
directive is in violation of this Agreement or has not been applied or interpreted uniformly to all
employees, shall be a proper subject for a grievance.
ARTICLE 11.
POLITICAL ACTIVITY
Section 11.1 Political Activity. In addition to other rights, as permissible by law:
A. An employee is permitted outside the City of Dublin to actively participate in partisan
political activity, provided that an employee undertakes such activity while off -duty,
not in identifiable uniform, and does not represent that such activity is either
undertaken in his official capacity as an employee of the Employer or is sanctioned
by the Employer.
B. An employee is permitted within the City of Dublin to exercise his/her rights as a
citizen to express his/her personal opinions and to cast his/her vote. However, an
employee shall not:.
1. orally or in writing solicit or in any manner be concerned with soliciting any
assessment, subscription or contribution of any type for any political party or
polifical 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,
10
3. become actively involved in the elective process or campaigns for any City of
Dublin elective office.
ARTICLE 12
PROBATIONARY PERIOD
Section 12.1 New Hires. Every newly hired employee shall be required to successfully
complete a probationary period, which shall begin on the employee's effective date of
appointment with the Employer and shall continue for a period of ninety -five (95) calendar days.
A probationary employee shall be retained beyond the end of the probationary period and
granted regular status only if the performance of the employee, in the sole discretion of the City
Manager, has been found to be satisfactory. A probationary employee may be disciplined or
terminated any time during his probationary period and shall have no recourse through the
Grievance Procedure contained within this Agreement. Under certain circumstances, the
probationary period of an employee may be extended, but only for valid reasons, only upon
approval of the City Manager, and then only for a maximum of sixty -five (65) calendar days. If
the probationary employee's probationary period should indeed be extended, and the employee is
subsequently disciplined or terminated, the probationary employee shall have no recourse
through the Grievance Procedure.
12.2 Promotions. Should an employee be promoted to a different job classification within the
bargaining unit, with a higher pay range, the employee shall serve a thirty (30) day probationary
period. Under certain circumstances, the probationary period may be extended, but only for valid
reasons, only upon the approval of the City Manager, and then only for a maximum of sixty -five
(65) calendar days. Should the employee be disciplined or deemed unsuitable for that position
by the City during the initial thirty (30) day probationary period, for performance reasons, the
employee will be returned to a position in the classification he /she occupied prior to the
promotion.
12.3 Lateral Transfers. Should an employee be transferred to a position within a different job
classification, with the same pay range, the employee shall not be required to serve in any
probationary period.
ARTICLE 13
EMPLOYEE ASSISTANCE PROGRAM
Section 13.1 Employee Assistance. The Employer and the Union recognize that a wide range
of personal difficulties /problems in the lives of employees may affect work performance and that
most personal difficulties /problems can be successfully resolved provided they are identified and
referred to an appropriate source of assistance. The Employer and the Union therefore agree that
it would be in the best interest of the Employer, its employees, and employees' immediate family
members that a formal Employee Assistance Program (" EAP ") be provided by the Employer to
assist employees and said family members in dealing with a wide range of personal
difficulties /problems. The Employer and the Union recognize that this range of personal
11
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 EAT shall be to help employees and
members of their immediate families deal with the kinds of difficulties and problems identified
above by linking them with resources that can provide appropriate help; to reduce job
performance problems; and to retain valued employees. When an employee or a member of
his/her immediate family is experiencing a problem, whether or not such a problem affects the
employee's job performance, the employee and/or immediate family members are strongly
encouraged to seek assistance through the EAT.
Section 13.2 Coverage Terms and Conditions. Under the coverage terms of the EAT,
employees and/or members of their immediate families shall each be entitled to unlimited
assessment and referral and a maximum of three (3) sessions per problem, at no cost to the
employee or family member, for problems amenable to short tern counseling intervention.
Employees and/or family members are encouraged to access available benefits, as provided by
the Employer's medical benefits program, for counseling /treatment beyond the three session
limit
Section 13.3 Other Terms and Conditions. The Employer and the Union agree that:
A. Participation in the EAT shall be strictly voluntary. However, employees and their
immediate family members who have problems they feel may affect their health,
well - being, and/or the employee's job performance, are encouraged to contact the
EAT.
B. Employees and their immediate family members shall receive an offer of assistance to
help resolve such problems in an effective and confidential manner by the EAT
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 shall be interpreted as constituting a waiver
of the Employer's responsibility to maintain discipline or its right to take appropriate
disciplinary action in accordance with established disciplinary procedures. Normal
disciplinary procedures shall remain unaltered and use of the EAT shall not alter the
responsibility of employees to maintain an acceptable level of performance or
acceptable behavior /conduct
D. EAP- related appointments scheduled during normal work hours shall be scheduled
within the framework of the Employer's existing leave policies. Depending on the
circumstances involved, one or more forms of leave may be appropriate to attend
such appointments (i.e. sick, vacation, compensatory time, personal, etc.). Due to
existing procedures requiring the employee to provide a reason to justify the use of
sick leave, the employee may not wish to use said leave for such appointments, as
providing a reason for the usage of said leave may disclose information the employee
wishes to remain confidential. If the employee chooses to request sick leave, he or
she is hereby advised that in providing a justifiable reason for sick leave usage, he /she
is voluntarily disclosing information. Employees are hereby advised that if this is a
concern, they should request another form of leave where providing a reason for said
leave usage is not required (i.e. vacation leave, compensatory time, personal time,
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etc.), or seek to schedule EAP- related appointments outside of normal work hours.
Flexible appointment hours shall be made available to employees by the EAP
provider.
E. Supervisory personnel may encourage the use of the EAT, recognizing the fact that
many job performance difficulties may be related to a personal problem. However,
supervisory personnel shall refrain from diagnosing personal problems or
recommending specific solutions other than referral to the EAT.
F. Supervisory training is critical to the success of the EAT. In that regard, the
Employer will provide supervisory training, to be scheduled at the discretion of the
Employer, to enhance the knowledge of supervisory personnel concerning the proper
methods to be used when dealing with an employee who is experiencing personal or
work - related problems.
G. The Employer shall reserve the right to contract, at its sole discretion, with the
company /organization of its choice that will, in the judgment of the Employer,
provide the most cost- effective, meaningful, and responsive service to the Employer
and its employees.
ARTICLE 14
DRUG FREE WORKPLACE
Section 14.1 Purpose. The Employer and the Union hereby agree that illegal drugs in the
workplace are a danger to us all. They impair health, safety and welfare, promote crime, lower
productivity and quality, and undermine the public confidence in the work we perform as public
servants. Therefore, the Employer and the Union will not tolerate the illegal use or illegal
presence of drugs in the workplace.
In addition, the Employer and the Union understand that, pursuant to the federal Drug -Free
Workplace Act, in order for the Employer to be considered as a recipient for federal grants, it
must comply with several requirements mandated by the Act. One of these requirements
mandates that the Employer publish a policy prohibiting the illegal presence of controlled drugs
in the workplace and that this policy be distributed to all employees. In addition, the Act
requires the Employer to verify that all employees have agreed to abide by the policy as a
condition of continued employment.
The purpose of this Article is to publish a formal policy regarding illegal drugs in the workplace,
to notify bargaining unit employees of the consequences of illegal use, possession, distribution,
manufacture, etc. of controlled drugs in the workplace, to institute a drug awareness program for
bargaining unit employees, and to notify employees of the types of rehabilitative help that may
be offered by the Employer. This Article shall be applicable to all employees of the bargaining
unit and the bargaining unit hereby understands that this Article shall be strictly enforced by all
supervisory personnel.
Section 14.2 Policy The Employer and the Union hereby agree that any location at which its
business is conducted is hereby declared to be a DRUG -FREE WORKPLACE. This means that
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all employees, including supervisory personnel, are absolutely prohibited from unlawfully
manufacturing, distributing, dispensing, possessing, or using controlled substances in the
workplace. Reporting for work while under the influence of illegal drugs, or with any residual
effects from illegal drug use (e.g. impaired judgment, sickness, impaired reflexes, etc.) is
likewise prohibited. For purposes of this policy, an employee is considered to be "under the
influence" of a drug or controlled substance when any amount of such drug or controlled
substance (or any of its metabolites) is found to be present in the employee at or above the lowest
recognized scientific standard utilized by the laboratory selected by the Employer for evaluating
the presence of such substances in the system.
The Union hereby understands that any building, facility, structure, property, etc., or the contents
thereof (i.e. employee lockers, offices, desks, etc.), owned or leased by the Employer shall be
subject to unannounced inspection at any time by appropriate supervisory personnel and
Employer officials.
The following constitutes a partial list of controlled substances: (For a more detailed listing and
explanation of controlled substances, please consult the attached listing entitled "Controlled
Substances -Uses & Effects. ")
• Narcotics (heroin, morphine, etc.)
• Cannabis (marijuana, hashish)
• Stimulants (cocaine, diet pills, etc.)
• Depressants (tranquilizers)
• Hallucinogens (PCP, LSD, "designer drugs ", etc.)
The Union understands that compliance with this policy shall be strictly enforced and shall be a
condition of continued employment. The Union also understands that any employee violating
this policy shall be subject to appropriate disciplinary action which may include suspension or
dismissal.
The Union hereby understands that they may also be subject to appropriate disciplinary action
for engaging in off duty, illegal conduct behavior unbecoming a City employee emanating from
the use of illegal drugs which detracts from the image or reputation 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, ONM, etc., or other criminal acts).
Section 14.3 Drue -Free Awareness & Employee Assistance. Bargaining unit employees have
a right to know the dangers of drug abuse in the workplace, the policy regarding such drug
abuse, and what help is available to combat drug problems. This Section of this 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
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• Information about community resources for assessment and treatment
• Employee Assistance Program
The Union hereby understands that where rehabilitative assistance is offered by the Employer
and agreed to by the employee, failure of the employee to adhere to conditions with regard to the
rehabilitative program may result in appropriate disciplinary action including suspension or
dismissal.
Medical benefits for drug abuse treatment, as mentioned above, shall be limitedto those covered
by the Employer's medical plan. (For further information on the medical benefits for drug abuse
treatment, refer to the City of Dublin "Employee Benefits Handbook ".)
Section 14.4 Supervisory Training. The employer also agrees to provide supervisory training
to assist supervisors in identifying illegal drug use by employees. All supervisors shall receive at
least four (4) hours of initial skill - building and information sharing sessions, with at least one (1)
hour of training occurring within six (6) weeks of a current employee becoming a supervisor or
from the date of hire of a. supervisor. In subsequent years, supervisors who have already
received four (4) hours of initial training, will receive two (2) hours of additional training to
serve as a refresher and address new concerns. This training shall be conducted by a qualified
trainer holding one of the following credentials:
Substance Abuse Professional (SAP);
Certified Employee Assistance Professional (CEAP);
Certified Chemical Dependency Counselor (CCDC III);
Ohio Certified Prevention Specialist (OCPS);
Ohio Certified Prevention Consultant (OCPC).
The training shall cover the following subjects:
1. The physical, behavioral, and the performance indicators of drug use /abuse;
2. The effects of drug use /abuse;
3. Recognizing performance deficiencies caused by drug use /abuse;
4. Confronting employees with suspected drug use/abuse.
Section 14.5 Non - Supervisor Training. The Employer shall also provide non - supervisory
employee training regarding substance abuse issues and information about the City's employee
assistance program (EAP). All non - supervisory employees shall receive at least two (2) hours of
educational awareness initially on substance abuse issues and two (2) hours annually thereafter.
New employees shall receive educational materials and information about this policy with the
first six (6) weeks.
Section 14.6 Criminal Convictions & Notification Requirement. The Union hereby
understands that pursuant to the provisions of the Drug -Free Workplace Act, any employee
convicted of violating a criminal drug statute in this workplace must inform the Employer of
such conviction (including pleas of guilty and nolo contendere) within five (5) days of the
conviction occurring. Failure to so inform the Employer shall subject the employee to
appropriate disciplinary action including suspension or dismissal.
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The Employer reserves the right to offer employees convicted of violating a criminal drug statute
in the workplace, participation in an approved rehabilitation or drug abuse assistance program. If
such a program is offered, and accepted by the employee, then the employee must adhere to
conditions with regard to the rehabilitation as a condition of continued employment.
ARTICLE 15
CONSUMPTION OF ALCOHOL
Section 15.1 Purpose. In the interest of maintaining a safe and productive working environment
for all City employees, protecting the public health, safety, and welfare, upholding the public
confidence in the work performed by City employees, and upholding the organizational
image /reputation of the City, the Employer and the Union hereby agree that a policy concerning
the use of alcohol by bargaining unit employees should be addressed within this Agreement. The
purpose of this Article, therefore, is to provide the terms and conditions of such policy.
The Union hereby understands that this policy shall be applicable to all bargaining unit
employees and shall be strictly enforced by all supervisory personnel.
Section 15.2 Policy. The Employer and the Union hereby agree that all employees, including
supervisory personnel, are strictly prohibited from consuming alcohol while on duty. In
addition, reporting for work while under the influence of alcohol, with any residual effects of
alcohol consumption (e.g. impaired judgment, sickness, impaired reflexes, etc.), or where there is
any evidence of alcohol consumption (e.g. odor of alcohol on the breath), is likewise prohibited.
For purposes of this policy, an employee is considered to be "under the influence" of alcohol
when the employee is found to be impaired by alcohol. (The Employer and the Union hereby
agree that a blood alcohol content of 0.02% will be used as the standard for impairment)
Furthermore, all employees are also prohibited from consuming alcohol during their designated
lunch break or meal period and while off duty anytime said employees are in City uniform or are
wearing any apparel which distinguishes themselves as employees of the City of Dublin.
The Union hereby understands that any building, facility, structure, property, etc., or contents
thereof (i.e. employee lockers, offices, desks, etc.), owned or leased by the Employer, shall be
subject to unannounced inspection at any time by appropriate supervisory personnel and City
officials.
The Union likewise understands that compliance with this policy shall be strictly enforced and
that any employee violating this policy shall be subject to appropriate disciplinary action which
may include suspension or dismissal.
The Union further understands that they may also be subject to appropriate disciplinary action
for engaging in off -duty, illegal conduct/behavior unbecoming a City employee emanating from
the use of alcohol which detracts from the image or reputation of the City as an organization or
which erodes the public confidence in the City as an organization (e.g. disorderly conduct,
assault, fighting, criminal, menacing, disturbing the peace, OMVI, etc., or other criminal acts).
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Section 15.3 Alcohol Awareness & Employee Assistance. Bargai unit employees have a
right to know the dangers associated with the use or abuse of alcohol and what help is available
to combat the problems associated with alcohol use or abuse.
The Employer agrees to offer an awareness program for all bargaining unit employees on the
dangers associated with alcohol use or abuse. Posters, brochures, and appropriate guest speakers
at periodic group meetings will communicate information to employees.
In addition, to assist employees in overcoming alcohol abuse problems, the Employer will offer
the following rehabilitative help where applicable:
• Medical benefits for alcohol -abuse treatment
• Information about community resources for assessment and treatment
• Employee Assistance Program
The Union hereby understands that where rehabilitative assistance is offered by the Employer
and agreed to by the employee, failure of the employee to adhere to conditions with regard to the
rehabilitative program may result in appropriate disciplinary action including suspension or
dismissal.
Medical benefits for alcohol abuse treatment, as mentioned above, shall be limited to those
covered by the Employer's medical plan. (For further information on the medical benefits for
alcohol abuse treatment, refer to the City of Dublin "Employee Benefits Handbook ".)
Section 15.4 Supervisory Training. The Employer agrees to provide supervisory training to
assist in identifying the problems associated with alcohol abuse by employees. This training
shall be conducted by a qualified trainer holding one of the following credentials:
Substance Abuse Professional (SAP);
Certified Employee Assistance Professional (CEAP);
Certified Chemical Dependency Counselor (CCDC III);
Ohio Certified Prevention Specialist (OCPS);
Ohio Certified Prevention Consultant (OCPC).
The training shall cover the following subjects:
1. The physical, behavioral, and the performance indicators of alcohol use/ abuse;
2. The effects of alcohol use /abuse;
3. Recognizing performance deficiencies caused by alcohol use /abuse;
4. Confronting employees with suspected alcohol use /abuse problems.
ARTICLE 16
EMPLOYEE DRUG & ALCOHOL TESTING PROGRAM
Section 16.1 Purpose of Testing. In the interest of maintaining a safe and productive working
environment for all City employees, establishing a standard of conduct for City employees,
protecting the public health, safety, and welfare, upholding the public confidence in the work
17
performed by City employees, and upholding the organizational image /reputation of the City, the
Employer and the Union hereby agree that employee drug and alcohol testing should be
addressed within this Agreement. In that regard, the purpose of this Article is to establish the
terms, conditions and procedures regarding the drug and alcohol testing of bargaining unit
members.
Section 16.2 Terms and Conditions of Testing. The Employer and the Union hereby agree
that all bargaining unit members, as a condition of this Agreement, shall be required to submit,
upon request, to a urinalysis, breath test, and/or blood test to detect the presence of illegal drugs
or alcohol in their systems under the following circumstances:
A. When the Employer has reasonable suspicion to believe that an employee is under the
influence of illegal drugs or alcohol while on the Employer's premises or conducting the
Employer's business.
B. Following a work related accident or safety violation.
Employees who ace directed to submit to testing shall be required to sign a consent form, the
form of which will be developed by the Director of Human Resources, which will include
consent that notice of the test results will be released to the Director of Human Resources, or in
his absence, the City Manager.
The Employer and the Union hereby agree that if employees of the bargaining unit are required
to submit to testing, failure or refusal to submit to the testing may result in appropriate
disciplinary action which may include suspension or dismissal. The actual discipline to be
imposed shall take into consideration all facts and circumstances including the expressed reasons
for the employee's refusal, the need for the testing, the employee's desire for rehabilitation, and
the employee's job performance.
Employees who have been found, through the testing procedures identified in Section 16.3
below, to have been under the influence of drugs or alcohol, or who have engaged in conduct
which obstructs the testing procedures (i.e. the use of masking agents or other products to
adulterate or dilute specimens), shall not be paid for the time they are off work awaiting the
testing results, and shall be subject to appropriate disciplinary action including suspension or
dismissal.
Section 16.3 Drug and Alcohol Testing Procedures. Drug and Alcohol testing shall be
conducted in the following manner:
A. When circumstances arise which require drug and/or alcohol testing, the Director shall
contact the Director of Human Resources or, in his/her absence, his/her designee, to
obtain approval for testing. Should disagreement exist between the employee's supervisor
or Director and the Director of Human Resources, or his/her designee, regarding whether
or not to proceed with testing, the City Manager shall make the final determination.
Upon receiving approval to proceed with testing, the supervisor shall escort the employee
to a designated D.H.H.S. (Department of Health and Human Services) certified
laboratory. After specimen collection, the employee shall be escorted home, except in
the case of post-accident testing. In the case of post - accident testing, the employee shall
return to work following specimen collection unless otherwise restricted by a physician.
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(In circumstances involving "post accident' testing, where the employee requires off -site
medical attention, the testing procedure shall be initiated after proper medical attention
has been rendered. In the event the employee is hospitalized, testing shall be
accomplished by bloodwithin the hospital environment as soon as possible.)
B. In screening for the presence of drugs or alcohol generally accepted screening procedures
shall be used. Whenever an employee is required to provide urine or blood for the
screening procedure, the employee shall be required to provide a split specimen at the
time of collection in order to facilitate the screening procedure.
C. When screenings are performed, the threshold level for determination shall be established
in accordance with generally accepted medical procedures and existing laws or
regulations.
D. In testing urine or blood specimens for the presence of illegal drugs and/or alcohol, the
first specimen shall be submitted for testing to a certified laboratory. If illegal drugs
and/or alcohol are found in the first specimen, then that same specimen shall be
submitted for further verification (confirmatory) testing. If both initial and verification
(confirmatory) tests are positive for an illegal drug and/or alcohol, the Director of Human
Resources, or his/her designee, shall be notified by the Medical Review Officer (MRO) at
the certified laboratory. The Director of Human Resources, or his/her designee shall in
turn contact the employee.
E. The employee must then decide whether or not he /she wishes the second specimen
provided at the initial collection to be further tested. If the employee so requests, then the
second specimen shall be tested using a second certified laboratory.
F. If the employee does not request the screening of the second specimen after the initial
specimen tests positive, or if the employee does request the testing of the second
specimen and it also tests positive for an illegal drug or alcohol, appropriate rehabilitative
and/or disciplinary action shall be taken, which may include suspension or dismissal.
G. In the initial testing of the first blood/unne specimen provided at the time of collection,
should masking agents (e.g. Klear, Ur -n -luck, Zydot, etc.) be detected, such shall be
considered as a "refusal to submit to testing" and the option to pursue testing of the
second specimen shall be forfeited. The City shall be so notified. Such "refusal to
submit to testing" shall result in appropriate disciplinary action, including suspension or
dismissal.
H. In the testing of blood/unne specimens provided at time of collection, should a "dilute
negative" result be received by the City, the employee shall be required to repeat the
testing procedure within 24 hours. The result of the second test shall then become the
test of record. Should the employee decline to take the second test, such shall constitute a
refusal to submit to testing, which shall result in appropriate disciplinary action, including
suspension or dismissal. Should a "dilute positive" result be received by the City on the
first or second test, such shall be considered as a verified positive test which shall result
in appropriate disciplinary action, including suspension or dismissal.
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I. Should the Employer use breath alcohol testing as an alternate method to blood/urine
testing, all breath testing shall be administered by a trained Breath Alcohol Technician
(BAT). In addition, only Evidential Breath Testing (EBT) devices certified by the
Federal Government shall be used along with the prescribed breath alcohol testing form.
J. In the administration of breath alcohol testing, an initial breath test shall be conducted via
the Evidential Breath Testing (EBT) device. If the initial test results in a reading of less
than 0.02, the test shall be recorded as "negative ". If the initial test results in a reading of
0.02 or greater, a confirmatory test shall be administered. Prior to the administration of a
confirmatory test, there shall be a 20 -30 minute waiting period to ensure that the presence
of mouth alcohol from the recent use of food, tobacco, or hygiene products does not
artificially raise the test result. Should the confirmatory test result be different from the
initial test result, the confirmatory test shall be deemed the final result A test result of
0.02 or greater on the confirmatory test shall result in appropriate disciplinary action,
which may include suspension or dismissal.
K. Following the receipt of drug and/or alcohol testing results by the City, the City shall
advise the employee regarding his/her return to work.
Section 16.4 Referral To Employee Assistance Program. If the results of drug and/or alcohol
testing are positive, but do not warrant dismissal of the employee, a referral to the Employee
Assistance Program will be offered. Although employees will be offered a referral through the
Employee Assistance Program, they are still subject to appropriate disciplinary action.
If an employee accepts a referral to the EAT for assessment as a result of a positive drug and/or
alcohol test, he /she must comply with any recommendation made by the EAT Drug and Alcohol
Counselor resulting from an assessment, as a condition of continued employment. The employee
shall further comply to random drug and/or alcohol testing for a period of up to two years.
Failure to comply with any of the conditions associated with the recommendations of the
Counselor, the conditions associated with the rehabilitation program, or the random testing, as
specified above, may result in dismissal of the employee.
ARTICLE 17
USE OF PRESCRIPTION & "OVER -TILE- COUNTER" MEDICATION
Section 17.1 Purpose. Inthe interest of maintaining a safe and productive working environment
for all City employees, establishing a standard of conduct for City employees, protecting the
public health, safety, and welfare, upholding the public confidence in the work performed by
City employees, and upholding the organizational image /reputation of the City, the Employer
and the Union hereby agree that use of prescription and "over- the - counter" medication by
employees should be addressed within this Agreement. In that regard, the purpose of this Article
is to establish terms and conditions concerning the use of prescription and "over- the - counter"
medication by bargaining unit employees.
Section 17.2 General Terms & Conditions. In general, employees taking medication legally
prescribed by a physician, or purchased "over- the - counter ", which may impair the employee's
judgment, job performance, and physical /mental capabilities, shall advise their immediate
20
supervisors of the medication being used and the possible effects (to the employee's knowledge)
of such medication. Such notice should be given prior to the employee commencing work. The
City will provide the form for such purpose.
When an employee so notifies his/her supervisor, the supervisor shall temporarily reassign the
employee to other duties which can be performed, if such duties are available. If such duties are
not available, the supervisor shall authorize appropriate leave for the employee (i.e. sick,
vacation, personal, comp time, etc.).
Section 17.3 Failure to Notify Supervisor. The Employer and the Union hereby agree that if an
employee works while taking medication legally prescribed by a physician, or purchased "over -
the- counter ", which causes the type of effects as those previously noted under Section 17.2,
without notifying his supervisor, such employee shall be subject to the appropriate disciplinary
action, if any, up to and including suspension or discharge. The Union acknowledges that the
Employer may become aware of the presence of a legally prescribed or "over- the - counter"
medication, referenced in Section 17.2, as a result of a drug /alcohol test administered to the
employee pursuant to Articles 14, 15, and 16 of this Agreement.
ARTICLE 18
LAYOFFS
Section 18.1 Layoffs. Whenever there is a lack of work, a lack of funds, or other circumstances
exist where continued work would not be cost efficient, effective, or reasonable, and such
requires a reduction in the number of employees of the City, the City Manager shall determine
the job classifications in which such reduction shall be made and the number to be laid off.
Employees shall be laid off at the time and in the number specified by the City Manager in the
inverse order of their seniority. Within the affected job classifications, all temporary, seasonal,
intermittent, casual, and part-time employees would be laid off first, then full -time probationary
employees, followed by full -time regular employees. The City will make a good faith effort to
discuss the need for the layoff as much in advance of the proposed effective date as is reasonable
under the circumstances. All employees to be laid off under such a lay -off action shall be
provided forty -five (45) days advanced notice by the City.
Section 18.2 Call -back. When employees are laid off as specified in Section 18. 1, their names
shall be placed on a Re- employment Eligibility List established by the Division of Human
Resources. When the work or financial situation permits, those employees who have been laid
off shall be called back to work and reinstated to the job classification they held before layoff
with the same status and seniority as they had at the time of layoff, in inverse order of their
layoff, if they are available. If not available within fourteen (14) calendar days of call -back
notification, or if they decline an offer of re- employment, or if they do not respond to the City
within fourteen (14) calendar days of call-back notification, their names shall be removed from
the Re- Employment Eligibility List. The Re- employment Eligibility List shall be valid for three
(3) years from the date of original creation unless said list is exhausted prior to the completion of
the three (3) year time frame due to the re- employment of all individuals on said list, the removal
of all individuals' names from said list for reasons of non - availability or declination of re-
employment, or any combination thereof. Call -back notification shall be provided to laid -off
21
employees by certified mail addressed to the last known mailing address of said laid -off
employees. It shall be the responsibility of the laid -off employees to keep the Division of
Human Resources advised of their current mailing address.
ARTICLE 19
MISCELLANEOUS
Section 19.1 Agreement Copies. As soon as is possible following the signing of this
Agreement, the Employer and the Union shall have printed sufficient copies of this Agreement.
The actual cost of printing this Agreement, and any future printing beyond the copies specified
herein in an amount the parties may later agree as necessary, shall be shared equally by the
parties. The Union shall be responsible for distribution of copies to current members and the
Employer shall be responsible for distribution of copies to new members who are hired during
the term of this Agreement
Section 19.2 Bulletin Boards. The City shall provide reasonable space at the time clock for
one Union- provided bulletin board within the garage /shop /custodial worker areas within the
Division of Streets & Utilities, Division of Parks & Open Space, Division of Facilities,
Maintenance Center, 5800 Building, and the Community Recreation Center. These bulletin
boards shall be for the exclusive use of the Union to post notices and information related to
Union affairs. These boards shall be maintained by the bargaining unit memberships and be kept
in neat order at all times. Should these boards fall into disarray, the City will notify the
appropriate Unit Representative and such Representative shall ensure that the board(s) are
restored to proper order at his/her first opportunity. Non- bargaining unit personnel shall not be
permitted to remove, add to, or alter Union material posted on these boards unless said material
contains obscene, racially /sexually offensive, other unlawful, or defamatory information. A
reasonable effort shall be made by the Employer to contact a Union representative prior to
removing any material.
ARTICLE 20
SENIORITY
Section 20.1 Seniority. For purposes of this Agreement, "Seniority" shall be defined as total
continuous service as a full -time employee of the bargaining unit. Seniority shall begin to
accumulate on the date an individual becomes employed in a position within the bargaining unit.
Continuous service shall reflect the uninterrupted service of an employee as calculated by
years /days of service. Continuous service shall be interrupted only when a "break in service"
occurs. A "break in service" shall occur in the following instances:
1. Resignation/Separation;
2. Removal/Dismissal;
3. Failure to return from an authorized leave of absence.
As established in Section 20.1 seniority shall begin to accumulate on the date an individual
becomes employed in a position within the bargaining unit, however, should more than one (1)
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individual be hired on the same day, seniority preference will be determined by the individual's
relative ranking in the selection process. An individual with a higher ranking shall always
receive seniority preference over an individual with a lower ranking.
A "break in service" shall not occur if an employee is reinstated due to the disaffirmance of
removal or layoff. An employee who has a "break in service" and who is subsequently rehired or
reinstated shall not receive continuous service credit for the time spent during the "break in
service% however, the employee shall receive continuous credit except for the period of time in
which the "break in service" occurred.
Section 20.2 Application of Seniority — Leave Requests. "Seniority ", as defined in Section
20.1 above, shall be the means for determining approval of vacation and personal leave requests
when such leave requests are submitted simultaneously, to the same supervisor, by two (2) or
more employees of the bargaining unit for the same period of time.
Section 20.3 Application of Seniority — Shift Vacancy and Position Vacancy. Whenever a
vacancy occurs in a full -time position, the following three step process shall be followed:
Step 1. The Division shall post a "Shift Vacancy Announcemenf'for a minimum often (10)
calendar days to allow any interested employee presently serving in a full -time position
within the same work unit (parks and open space maintenance, facilities maintenance,
custodial, mechanics, sign shop, and streets and utilities maintenance), to apply for the
position. The vacancy shall be filled by seniority. Any subsequent vacancies caused by
trying to fill the initial advertised vacancy shall also be filled by seniority within the work
unit Once opportunities to fill the vacancy(ies) within the work unit are exhausted, the last
remaining vacancy may be filled pursuant to Step 2 below. Employees presently in their
original appointment probationary period shall not be eligible for vacant positions until after
the conclusion of their probationary period-
Step 2. The Division shall post a "Position Vacancy Announcement" for a minimum of ten
(10) calendar days to allow any interested employee presently serving in a full -time position
within the Bargaining Unit to apply for the position. The Division shall identify, on the
"Position Vacancy Announcement ", the specialized qualifications, knowledge, skills, and
abilities required to successfully perform the duties of the vacant position. In filling the
position, the Division shall give consideration to all applicants who apply. The following
criteria shall be used in selecting an employee to fill the position: job - related qualifications,
knowledge, skills and abilities, work performance; and seniority based upon time with the
City of Dublin in a full -time regular position. Where all applicants' qualifications,
knowledge, skills, abilities and work performance are relatively equal in the judgment of the
hiring supervisor, seniority as previously defined shall be the deciding factor. If
qualifications, knowledge, skills, abilities, work performance, and seniority are equal,
seniority preference shall be determined by the individual's relative ranking in the new hire
selection process when first hired. The higher ranking shall always receive seniority
preference. Should it not be possible to determine which candidate ranked higher in the new
hire selection process, one toss of a coin shall be the determining the factor. Employees
presently in their original appointment probationary period shall not be eligible to compete
for vacant positions until after the conclusion of their probationary period. After the
selection has been made, the employee shall assume his/her new position within sixty (60)
days unless otherwise extended, for good reason, by the Director of Service. If no member
23
of the Bargaining Unit is determined to be qualified to fill the vacancy, Step 3 below will be
followed.
Step 3. If no Bargaining Unit member is determined to be qualified, the position vacancy
shall be filled externally.
Section 20.4 Application of Seniority — Planned Overtime Sien -Up and Assienment The
City agrees to offer overtime (Section 222) for other than non -short notice overtime activities
(Article 36) in accordance with the following:
A. Planned Overtime - Defined The City and the Bargaining Unit mutually recognize
that certain services provided by the City require work to be performed in an overtime
status (Section 27.2). These overtime activities are anticipated and planned for in
advance. Such planned overtime can include but is not limited to: extended mowing
schedules; facility shut downs for maintenance; special events; leaf collection; etc.
The Division of Streets & Utilities (hereinafter referred to as "S &U) AM & PM shifts
during the period November 15 through April 15 are considered planned overtime
even though weather- related events can be unpredictable. Planned overtime activities
may be for individual activities or to cover periods of time for multiple activities at
the discretion of the City.
A7 B. Offer of Planned Overtime The City shall determine and post the dates, times
and number of personnel (if known) necessary to satisfy the City's needs for planned
overtime using a/n Overtime Sign -Up Sheet/s. Overtime Sign -Up Sheets shall be
displayed no sooner than one (1) month prior to the period to be covered. The
division shall post the sign up sheet for a minimum of four (4) calendar days and
remove the sheet (s) no sooner than one week (seven calendar days) prior to the
period to be covered.
B- C. Work Units — Defined Work units are defined as follows:
• Fleet Maintenance
• Custodial Services
• Grounds Maintenance
• Facilities Maintenance
• Streets & Utilities
• Sign Shop
S 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.
P- E. S &U, November 15 to April 15 S &U will post Overtime Sign -Up Sheet/s and
maintain a sign -up list of employees to serve on AM (12 AM to 12 PM) and PM (12
PM to 12AM) shifts during the months November 15 to April 15 Anyone signing
up for the S &U shifts must be qualified to safely perform snow and ice removal
operations and they must possess a Class A or B Commercial Driver's License
because the most likely scenario for planned overtime during this period is weather
related (snow and ice). The AM & PM shift assignments are intended to remain static
to the maximum extent possible throughout the season in order to provide drivers
24
consistently assigned routes and equipment. The Director of S &U or his/her designee
will be responsible to activate the AM & PM shifts for snow removal. Those
identified for the AM & PM shifts will report for the shift for which they have signed
up November 15 to April 15 Article 36 addresses the "on-call" status and call -in
procedures during this same period and as it relates to the AM and PM shifts.
E- F. Scheduled/Planned Overtime Sign-Up Rankine Once the Overtime Sign -Up
Sheets have been posted, those signing up on the sheet/s will be ranked for
assignment in the following order: Bargaining unit - members (by job classification
and work unit) on the basis of seniority starting with the most senior member of the
bargaining unit (by classification and work unit) proceeding to the least senior
member of the bargaining unit (by classification and work unit), then to all other
bargaining unit employees within the City, who can safely perform the work, and
then to non bargaining unit personnel, who can safely perform the work. Should the
Overtime Sign -Up Sheet/s subsequently not be filled, bargaining unit members, from
least senior member to most senior member (within the classification and work unit
for which the planned overtime was initiated), shall be compelled to be placed on the
Overtime Sign -Up Sheet/s. Should the Overtime Sign -Up Sheets still not be filled,
bargaining unit members who can safely perform the work shall be compelled to fill
the sheets in order of least to most seniority.
F: G. Assignment of Planned Overtime The following governs the assignment of
planned overtime to include the AM or PM shift during the period November 15 to
April 15 Streets and Utilities. Maintenance Workers in the bargaining unit shall be
assigned to either an AM Shift or a PM shift. Management will allow S &U
Maintenance Workers to sign up for a preferred shift and those preferences will be
accommodated to the extent possible; however, Management will insure experience
levels and quantity of full time S &U Maintenance Workers are close to equal on both
shifts. Planned overtime will be assigned to those who are on the Overtime Sign -Up
Sheets as a result of filling the sheets in accordance with 20A D E & E F, above.
Assignment will be made first to bargaining unit members (by job classification) on
the basis of seniority starting with the most senior member of the bargaining unit (by
classification) proceeding to the least senior member of the bargaining unit (by
classification), 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), shall
be compelled to work the overtime assignment "On Call" status and short notice
overtime shall be governed by Article 36.
fE H. 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.
25
ARTICLE 21
DISCIPLINE
Section 21.1 Discipline For Cause. No bargaining unit employee, who has successfully
completed his probationary period, shall be disciplined without cause. Cause may include, but is
not limited to, the violation of City /Departmental/Divisional rules and regulations,
incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination,
discourteous treatment, neglect of duty, absence without leave, any conduct unbecoming an
employee, any acts of misfeasance, malfeasance, or nonfeasance, or any off -duty illegal
conduct/behavior where there is a reasonable nexus to the individual's employment with the City.
Section 21.2 Progressive Discipline. The principles of progressive disciplinary action will be
followed with respect to minor offenses. For minor offenses, an oral reprimand, a written
reprimand, and a suspension withoutpay shall be given prior to demotion or dismissal.
The primary responsibility for the administration of discipline shall rest with the appropriate
supervisory personnel over the employee to be disciplined, and such disciplinary action may
consist of any action which is appropriate to the offense, including, but not limitedto:
A. Informal, oral reprimand;
B. Formal,writtenreprimand;
C. Suspension from duty without pay, not to exceed five (5) days;
D. Any other action appropriate to the nature or severity of the offense;
E. Dismissal.
Disciplinary action taken against an employee, which is other than in the nature of a minor first
offense wa rning , shall be in writing and made a part of the employee's permanent personnel file.
Section 21.3 Pre- Disciplinary Conference. Prior to the administration of disciplinary action
constituting a suspension without pay or dismissal, a Pre - Disciplinary Conference shall be held
to give the employee an opportunity to offer an explanation regarding the alleged
offense /misconduct on his part. This Pre - Disciplinary Conference shall take place within a
reasonable period of time following the incident in question and shall not be unreasonably
delayed by either the Employer or the employee. Nothing within this Section shall preclude the
Employer from relieving the employee from duty if, in the judgment of the Employer, such
action is necessary.
Section 21.4 Disciplinary Action Imposed The Employer's decision regarding whether or not
to impose disciplinary action shall be made within a reasonable period of time following the
incident in question, or the conclusion of the Pre - Disciplinary Conference (if applicable).
Section 21.5 Copy of Discipline Record. Whenever a disciplinary action is taken which results
in a disciplinary action of record (A. through E. in Section 21.2), the employee and the Union
shall be given a copy of such record.
26
Section 21.6 Appeal. A bargaining unit employee (who has successfully completed his
probationary period), who feels aggrieved by the administration of discipline such as in A.
through E. of Section 21.2, may appeal such disciplinary action in accordance with the
Grievance Procedure in Article 9.
ARTICLE 22
PERSONNEL RECORDS
Section 22.1 Personnel File. One, and only one, official personnel file shall be maintained for
each employee and shall be in the custody of the Division of Human Resources. The personnel
file shall contain all the official records of the City regarding an individual employee, with the
exception of medical records, which shall be maintained in a separate file pursuant to applicable
Federal and State Law and, which shall be considered confidential. Where past disciplinary
actions or allegations of misconduct are relevant to considerations of future disciplinary action or
promotion, only those disciplinary actions of record contained in the personnel file shall be
considered. An employee may review his personnel file at reasonable times in the presence of
the Director of Human Resources, or his designee, upon request to the Director of Human
Resources, or his designee. During the term of this Agreement, each employee may obtain one
copy of his entire personnel file at no cost. This copy shall be provided upon request from the
employee and within a reasonable period of time. All other copies of documents shall be made
available to the employee at a reasonable charge. Arrytime a document is placed in the
employee's personnel file, the employee shall be forwarded a copy of such document, with the
exception of selection records and materials created prior to the employee's date of appointment
(e.g. reference checks, criminal record checks, interview appraisal forms, etc.); such selection
records /materials shall be made available for inspection of the employee upon request to the
Director of Human Resources, or his designee. The confidentiality of matters contained in the
personnel files shall be the responsibility of the Director of Human Resources who shall release
only such information permitted by law and then only to those persons with a legitimate right to
the information, subject to the provisions of the Ohio Privacy Act, Ohio Public Record's Act, or
other applicable Federal or State Law. In the event a legitimate request is made to inspect or
obtain copies of records from an employee's personnel file, the City will make a reasonable
attempt to notify the employee that such a request has been made.
Section 22.2 Retention of Records. All actions of record, including appointment, evaluations,
promotions, counseling statements, reprimands, dismissals, suspensions, will be maintained in
each employee's personnel file throughout his period of employment. Record of counseling
statements or documented oral reprimands will not be considered for purposes of future
disciplinary action more than six (6) months after issuance provided that no repeated offense(s)
of a same or similar nature have occurred within said six (6) 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.
27
In the event that a repeated offense(s) of a same or similar nature occurs during the appropriate Formatted
time frame(s), the initial disciplinary action shall be considered for the duration of the time Formatted
period for which the most recent documented disciplinary action will remain in effect for �� Formatted
purposes of future disciplinary action.
'fi Formatted
r
e In_';�5nce __________________
"i Formatted
Section 22.3 Inaccurate Documents. If, upon examining his personnel file, an employee has
Formatted
reason to believe that there are inaccuracies in documents contained therein, he may write a
Formatted
memorandum to the Director of Human Resources explaining the alleged inaccuracy. If the
Formatted
Director of Human Resources concurs with the employee's contentions, he shall either correct or
Formatted
remove the faulty document or attach the employee's memorandum to the document and note
,ail,,,
thereon his concurrence with the memorandum. He may also attach the memorandum to the
;fi,n; Formatted
document and note his disagreement with memorandum's contents.
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ARTICLE 23
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Effective September 1, 2010 through December 31, 2010, the 2010 wage structure shall remain
in place, as follows:
- Formatted: Font: 12 pt, Font cola: Blue
- Formatted: Font: 12 pt, Font cola: Blue
Any Maintenance Worker, Auto Mechanic I, or Custodial Worker whose anniversary date of
appointment falls between September 1, 2010 and December 31, 2010, who has not alreadv
advanced a step in 2010, shall advance to the next existing step in the 2010 wage structure on
his/her anniversary date of appointment.
T he following wage structure shall be effective January 1, 2011 through December 31, 2011:
Maintenance Worker*
Auto Mechanic I
Maintenance Worker
Ste
A
Ste
$39,816.22
Ste
B
C
$42,176.82
Ste
C
$48,026.62
$44,405.26
Ste
D
Ste
$46,828.19
Ste
E
G
$48,980.36
Ste
F
$56,964.93
$51,055,54
Ste
G
$53,077.03
Ste
H
$54,994.73
- Formatted: Font: 12 pt, Font cola: Blue
- Formatted: Font: 12 pt, Font cola: Blue
Any Maintenance Worker, Auto Mechanic I, or Custodial Worker whose anniversary date of
appointment falls between September 1, 2010 and December 31, 2010, who has not alreadv
advanced a step in 2010, shall advance to the next existing step in the 2010 wage structure on
his/her anniversary date of appointment.
T he following wage structure shall be effective January 1, 2011 through December 31, 2011:
Maintenance Worker*
Auto Mechanic I
Ste
A
$41,204.83
Ste
B
$43,411.57
Ste
C
$45,673.63
Ste
D
$48,026.62
Ste
E
$50,188.25
Ste
F
$52,447.15
Ste
G
$54,706.04
Ste
H
$56,964.93
- Formatted: Font: 12 pt, Font cola: Blue
- Formatted: Font: 12 pt, Font cola: Blue
Any Maintenance Worker, Auto Mechanic I, or Custodial Worker whose anniversary date of
appointment falls between September 1, 2010 and December 31, 2010, who has not alreadv
advanced a step in 2010, shall advance to the next existing step in the 2010 wage structure on
his/her anniversary date of appointment.
T he following wage structure shall be effective January 1, 2011 through December 31, 2011:
Maintenance Worker*
Step
Custodial Worker
Ste
A
2
$32,306.26
Ste
B
4
$34,560.63
Ste
C
$36,456.10
Ste
D
$38,404.36
Ste
E
$40,405.41
Ste
F
$42,406.47
Ste
G
$44,090.76
Ste
H
$45,669.46
- Formatted: Font: 12 pt, Font cola: Blue
- Formatted: Font: 12 pt, Font cola: Blue
Any Maintenance Worker, Auto Mechanic I, or Custodial Worker whose anniversary date of
appointment falls between September 1, 2010 and December 31, 2010, who has not alreadv
advanced a step in 2010, shall advance to the next existing step in the 2010 wage structure on
his/her anniversary date of appointment.
T he following wage structure shall be effective January 1, 2011 through December 31, 2011:
Maintenance Worker*
Step
Annual BaseWa eRate
1
39 816.22
2
$41,120.20
3
$42,466.89
4
JL857 .68
5
$45,294.02
31
6
$46,777.40
7
$48,309.36
8
49 891.49
9
$51,525.43
10
$53,212.89
11
54 994.73
Auto Mechanic I*
Steu
Annual BaseWa e Rate
1
$41,204.83
2
$42,554.29
3
$43,947.94
4
$45.387.23
5
$46,873.66
6
$48,408.77
7
49 994.15
8
$51,631.45
9
$53,322.38
10
55 068.69
11
$56,964.93
Custodial
Worker*
Step
Annual BaseWa e Rate
1
$32,306.26
2
34560,63
3
$36,456.10
4
$38,404.36
5
40 405.41
6
$42,406.47
1
$4409076
8
JL .46
* Each Maintenance Worker, Auto Mechanic I, and Custodial Worker shall remain at his/her
2010 step rate until his/her scheduled anniversary date of appointment in 2011. atwhich
time he /she shall advance to the 2011 step that provides an increase. Emplovees who have
reached Step H prior to 1 /l /11 shall be placed in the respective top step in 2011 on his/her
anniversary date. On 1 /l /11, Custodial Worker steps A —H shall be numbered 1 -8.
* Effective January 1, 2011, each Maintenance Worker and Auto Mechanic I shall
receive a lump sum pavment in the amount of one percent 0 %) of their 12/31/10
base wage rate. This one percent lump sum pavment shall not become part of each
bargaining unit member's base wage rate — it is strictiv a lump sum pavment.
* Effective Julv L 2011. each Maintenance Worker and Auto Mechanic I shall
receive a lump sum pavment in the amount of one -half of one percent (.5 %) of their
base wage rate in effect at that time. This one -half of one percent lump sum
pavment shall not become Dart of each bargaining unit member's base wage rate —it
- - - Formatted: Indent: Left: 0.25 ", Tab stops:
Not at 0" + 0.25" + 0.5" + 0.75" + 1" +
1.25 + IS + 1.75" + 2" + 2.25" + 2.5" +
2.75" + 3" + 3.25" + 3.5" + 3.75" + 4" +
4.25" + 4.5" + 4.75" + 5" + 5.25"
is strictly a lump sum payment.
32
* Effective January 1, 2011, each Custodial Worker shall receive a lump sum
pavment in the amount of one -half of one percent (.5 %) of their 12/31 /10 base wage
rate. This one -half of one percent lump sum payment shall not become part of each
bargaining unit member's base wage mte - it is strictiv a lump sum payment
* Effective Julv 1, 2011, each Custodial Worker shall receive a lump sum payment in
the amount of one -half of one percent (.5 %) of their base wage rate in effect at that
time. This one -half of one percent lump sum payment shall not become part of each
bargaining unit member's base wage mte - it is strictly a lump sum payment
The followim wa e structure shall be effective Janu 1 2012 thro h December 31 2012:
Maintenance Worker*
Step
Annual BaseWa e Rate
1
$39,816.22
2
41 120.20
3
$42,466.89
4
$43,857.68
5
45 294.02
6
$46,777.40
7
$48,309.36
8
49 891.49
9
$51,525.43
10
$53,212.89
11
54 994.73
12
$56,083.62
Auto Mechanic I*
Step
Annual BaseWa e Rate
1
$41,204.83
2
JL554 .29
3
$43,947.94
4
$45,387.23
5
$46,873.66
6
$48,408.77
7
$49,994.15
8
$51,631.45
9
JL122 .38
10
$55,068.69
11
$56,964.93
12
58 092.83
Custodial
Worker*
Steu
Annual BaseWa eRate
1
$32,306.26
2
$34,560.63
3
36 456.10
4
$38,404.36
- - - Formatted: Indent: Left: 0.25 ", Tab stops:
Not at 0" + 0.25" + 0.5" + 0.75" + 1" +
1.25" + IS + 1.75" + 2" + 2.25" + 2.5" +
2.75" + 3" + 3.25" + 3.5" + 3.75" + 4" +
4.25" + 4.5" + 4.75" + 5" + 5.25"
- - - Formatted: Tab stops: Not at 0" + 0.25" +
0.5" + 0.75" + I" + 1.25" + 1.5" + 1.75" +
2" + 2.25" + 2.5" + 2.75" + 3" + 3.25" +
3.5" + 3.75" + 4" + 4.25" + 4.5" + 4.75" +
5" + 5.25"
_ - Formatted: Font: 12 pt, Highlight
33
5
$40,405.41
6
$42,406.47
7
44 090.76
8
45 669.46
* Effective January 1, 2012, each Maintenance Worker and Auto Mechanic, I in steps _ _ _ _ _ _ - - - Formatted: Not Highlight
1 through 10 shall receive a lump sum payment in the amount of one Percent (I %) ....... Formatted: Not Highlight
of their base wage rate. This one percent lump sum payment shall notbecome part Formatted: Not Highlight
of each bargaining unit member's base wage rate — it is strictly a lump sum Formatted: Not Highlight
payment
* Effective Rt y 1, 2012, each Maintenance Worker and Auto Mechanic Insteps 1 - - Formatted: Not Highlight
Jhroueh 10. shall receive a lump sum payment in the amount of one -half of one Formatted: underline, Not Highlight
Percent (.5 %) of their base wage rate. This one -half of one Percent lumP stm Formatted: Not Highlight
payment shall not become part of each bargaining unit member's base wage rate —it Formatted: Not Highlight
is strictly a lump sum payment.
Formatted: Not Highlight
* Effective January 1, 2012, each Maintenance Worker at Step 11 shall receive a
lump sum pavment of one -half of one percent (.5 %) of their base wage rate. This
one -half of one percent lump sum pavment shall not become part of each bargaining
unit member's base wage rate —it is strictly a lump sum payment
- Formatted: Font color: Red, Highlight
* ,Effective January 1, 2012, each Custodial Worker shall receive a lump sum - _ - Formatted: Not Highlight
pavment in the amount of one -half of one percent (.5 %) of their base wage rate.
This one -half of one percent lump sum payment shall not become part of each
bargaining unit member's base wage rate - it is strictly a lump sum pavment
• Effective July 1, 2012, each Custodial Worker shall receive a lump sum pagirient in - - - Formatted: Not Highlight
the amount of one -half of one percent (.5 %) of their base wage rate. This one -half
of one percent lump sum pavment shall not become part of each bargaining unit
member's base wage rate - it is strictly a lump sum payment
•______ _______________________________ Formatted: Highlight
• On his/her anniversary date of appointment, each Maintenance Worker and Auto
Mechanic I in steps 1 through 11 shall receive a step increase to the next highest - - Formatted: Not Highlight
annual base wage rate .
* On his/her anniversary date of appointment each Custodial Worker in steps 1
through 7 shall receive a step increase to the next highest annual base wage rate. -- Formatted: Not Highlight
' - - - Formatted: Left, Tab stops: Not at 0" +
The following wage structure shall be effective January 1, 2013: 0.25" + 0.5" + 0.75" + r' + 1.25" + 1.5" +
1.75" + 2" + 2.25" + 2.5" + 2.75" + 3" +
3.25" + 3.5" + 3.75" + 4" + 4.25" + 4.5" +
Maintenance Worker*
4.75" + 5" + 5.25"
Ste Annual BaseWa eRate
Formatted: Not Highlight
34
1
40 413.46
2
$41,737.00
3
$43,103.89
4
JL515 .55
5
$45,973.43
34
6
$42479.06
7
$49,034.00
8
JL 9.86
9
$52,298.31
10
$54,011.08
11
JL8I 9.65
12
56 924.87
Auto Mechanic I*
Step
Annual BaseWa e Rate
1
$41,822.90
2
$43,192.60
3
$44,607.16
4
$46,068.04
5
$47,576.76
6
49134.90
7
$50744.06
8
$52,405.92
9
54122.21
10
$55,894.72
11
$57,819.40
12
58 964.22
Custodial
Worker*
Steu
Annual BaseWa e Rate
1
$32,306.26
2
$34,560.63
3
36 456.10
4
$38,404.36
5
$40,405.41
6
42 406.47
7
$44,090.76
8
$45,669.46
Formatted: Not
* Effective January 1. 201_ each Maintenance Worker and Auto Mechanic I shall _ - Formatted: Not
1GGG1V G' 1llIUICU5G lll Ll1G AlllUllllL Ul U11G' 1U U11G -11A11 Ul U11G IJG1GG11L 11,J %0J UL Ll1Gll
— — — — — — __ -- Formatted: Not Highli
base wage rate. as reflected in the above VIA 3 wage structure. This one and one- Formatted: Not Highli
half of one percent shall become part of each bargaining unit member's base wage Formatted: Not
rate. Highli
Formatted: Underline
* Effective January 1, 201 each Custodial Worker shall receive a I=ip .sum Formatted: Underline, Font color: Nstom
_ _ _ _ _ _ _ _ Color(RGB(0,51,204))
payment in the amount of one -half of one percent (.5 %) of their base wage rate. Formatted: Highlight
This one -half of one percent lump sum payment shall not become part of each
bargaining unit member's base wage rate - it is strictly a lump sum payment Formatted: Not Highlight
* Effective July 1, 201, each Custodial Worker shall receive a lumg sum paurlent in , - Formatted: Not Highlight
the amount of one -half of one percent (.5 %) of their base wage rate. This one -half
35
of one percent lump sum payment shall not become part of each bargaining unit
member's base wage rate - it is strictiv a lump sum payment.
* On his/her anniversary date of appointment, each Maintenance Worker and Auto
Mechanic I in steps 1 through 11 shall receive a step increase to the next highest
annual base wage rate.
* On his/her anniversary date of appointment each Custodial Worker in steps 1
Through 7 shall receive a step increase to the next highest annual base wage rate.
' ---
I
Formatted: Left, Tab stops: Pobt at 0 "+
Section 23.2 Appointment and Advanced Step Hiring. The City Manager, when making
o . + 0s" + 075"+ 1"+ 1.25"+ 1.5"+
appointments to either the Maintenance Worker, lea, or Automotive Mechanic I, or
1.75"+ Z'+ 2.25"+ 2.5"+ 2.75"+ 3
3.25" + 3.5" + 3.75" + 4" + 4.25" + 4.5" +
Custodial Worker classifications, shall be authorized to recognize the overall qualifications of
4.75" + 5" + 5.25"
candidates m determining their placement within the wage structure.
Section 23.3 Step Advancement. Following the employee's initial appointment to a position
within the Maintenance Worker, SigH Wer4ef, Automotive Mechanic I, or Custodial Worker
classifications, advancement to successive steps within the wage structure shall occur annually
on the employee's anniversary date of appointment.
Section 23.4 Application of Pay Rates. The rates of pay set forth in Section 23.1 are based on
full -time employment of forty (40) hours in a work week and 2,080 hours in a work year These
rates shall be used to calculate wages for hours in paid status for the appropriate step. "Paid
Status" shall include all hours in approved paid leave including vacation, injury, military (active
duty), personal, compensatory time, sick leave, etc.
Section 23.5 Longevity Pay. In addition to the other types of compensation identified in
Section 23.1, all employees shall receive a longevity payment based upon completed years of
service with the City according to the following schedule.
The following schedule shall be effective
to September 1, 2010dg'-
Completed Years of Service
with the Citv of Dublin Amount
Four (4) through six (6) years $ 750.00
Seven (7) through ten (10) years $ 950.00
Eleven (11) through fourteen (14) years $1,250.00
Fifteen (15) through nineteen (19) years $1,500.00
Twenty (20) or more years $1,700.00
Longevity pay shall appear in the paychecks in which the employee's anniversary date of
appointment falls. The employee will be paid in one (1) lump sum in the form of a regular
paycheck for that given pay period which will be taxed at the employee's W -4 rate.
Should an employee be on Leave Without Pay for more than six (6) months within a particular
year during which the employee would have normally been entitled for longevity pay, the
employee shall forfeit his/her entitlementto such pay.
36
Section 23.6 Instant Bonus Program. All employees in the Maintenance Worker, Sign
Worker, Automotive Mechanic I, and Custodial Worker classifications shall be eligible for an
"instant bonus" in accordance with the following terms and conditions:
A. Each Department shall be allocated a proportional share of money for bonuses to
reward an individual employee or a team of employees for an exceptional effort in
implementing and completing a project or program that
1. Significantly enhances the efficiency or effectiveness of City operations,
or;
2. Significantly exceeds expectations in the areas of performance or
customer service, or;
3. Demonstrates innovation or creativity in government
B. If a bonus is awarded, it shall be awarded immediately, not at the end of the year
C. An individual employee may be eligible for one instant bonus in any calendar year
The maximum bonus amount shall not exceed $1,000.00, however, the typical bonus
will be in the area of $250.00
D. Bonuses may be awarded upon written request of the employee's supervisor, division
director or department director, detailing the employee's achievement and
recommending a bonus amount. The bonus shall not be awarded unless approved by
the department director and the City Manager. All decisions regarding the award of
bonuses shall ultimately be at the discretion of the City Manager.
E. In the event the division director and department director believe that time off with
pay would be a more effective reward for excellence under this program, and the time
off will not negatively affect the operation of the division, the employee may be
awarded up to eight (8) hours of paid leave in lieu of a monetary bonus. The
monetary value of the time off shall be deducted from the remaining balance of bonus
funds available to the department
F. The division director should not inform the employee of the bonus until it is approved
by the department director and City Manager.
G. To be eligible for a bonus, the employee must demonstrate a clearly exceptional level
of effort and achieve an outcome that is superior.
H. Once a department's bonus funds are expended in a calendar year, there will be no
additional funds available to that department until the next calendar year
Section 23.7 Temporary Work Assignment/Pay Supplement. When an employee is
designated to perform the duties of a higher level job classification, the employee shall be
compensated at a rate of pay commensurate with that higher level job classification for all hours
during which the employee performs such duties. The rate of pay shall be within the higher level
37
classification's established pay range and shall be set either at the minimum of this higher level
classification's pay range or at a point ten percent (10 %) greater than the employee's existing
rate of pay, whichever is greater. However, this increased rate of pay shall not exceed the
maximum of the higher classification's pay range.
Section 23.8 Shift Differential. Shift differential pay shall be provided as follows, with the
exception of hours in paid status while on approved leave:
1. For employees regularly assigned to first shift, shift differential shall be applied to
any hours workedbetween the hours of 5:00 p.m. and 6:45 a.m.
2. For employees regularly assigned to second or third shift, shift differential shall be
applied to any hours worked.
Shift differential pay shall be applicable to actual hours worked. Shift differential shall not be
paid in addition to regular pay for any hours spent on approved paid leave, with the exception of
leave due to mandatory training, which shall qualify for shift differential pay. Mandatory
training is defined as classes /coursework where employee attendance is required by the Division.
Time spent in optional training programs shall not qualify for shift differential pay. If authorized
overtime occurs in conjunction with the regular workday, the shift differential shall be paid for
each hour of overtime worked as specified above. If shift differential pay is applicable, and
overtime occurs, the shift differential pay shall be added to the base hourly rate prior to
computing the overtime rate. Shift differential pay will be paid on a bi- weekly basis and will not
be cumulative under any circumstance.
Effective upon execution of this Agreement, the shift differential rate will be $.75/hour.
ARTICLE 24
HOLIDAYS
Section 24.1 Paid Holidays. The following are designated as paid holidays for bargaining unit
employees:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Christmas Day
Section 24.2 Dates/Days Observed. Should the Federal or State government designate a
specific date or day of the week for observation of one of the above listed holidays, the City will
generally follow that designation For employees assigned to a Monday through Friday (Saturday
38
and Sunday off), when a holiday falls on a Saturday, the Friday immediately before the holiday
shall be the observed day; should the holiday fall on a Sunday, the Monday immediately
following the holiday shall be the observed day. For employees assigned to other than a Monday
through Friday workweek (Saturday and Sunday off) the holiday shall be celebrated on the
calendar day on which the holiday actually falls.
Section 24.3 Holiday Pay.
A. If a holiday falls on an employee's regularly scheduled day off and the employee is not
required to work the holiday, or if the employee is excused from work, the employee
shall receive eight (8) hours of compensatory lime 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.
J;- B.When an employee works on a City - observed holiday he shall be entitled to eight hours- - - - I Formatted: Bullets and Nambering
straight time pay plus double time pay (or compensatory time) for all hours worked.
ARTICLE 25
PERSONAL LEAVE
Section 25.1 Allocation & Usage of Leave. Effective the first pay period of each year, all
existing employees serving in Full -Time Permanent positions, and who are in full pay status at
such time (i.e. on duty or on approved leave with pay) shall receive five (5) days (40) hours of
Personal Leave. Effective 31- the first pay period of each year under this Agreement, each
employee, who is in full pay status (i.e. on duty or on approved leave with pay) shall receive
4iii 2) forty (40) hours ( ��s. ( ^a - 4afs) (five (5) days) of Personal Leave. ue��,.e;eF,
A,...,.,.. en 4 ,.:a :na:.:a..,a .Ball Fope e n) a,.. ( m) we.._..) of 12 r,.,..,.
However, new employees appointed during the year shall receive a pro -rated allocation of
Personal Leave in accordance with the following schedule:
Timeframe Appointed
Personal Leave Allocation
January 1 through March 31
40 Hours (5 days)
April 1 through June 30
32 Hours (4 days)
July 1 through September 30
24 Hours (2.5 days)
October 1 through November 30
8 Hours (1 day)
December 1 or later
None
39
In the event an employee is not in full pay status at the time personal leave is normally allocated
to each employee, yet returns to full pay status at some point thereafter, the amount of that
employee's personal leave allocation shall be pro - rated. For every pay period the employee has
been in less than full pay status, one and ene -gwAof fifty four hundredths(1.2-5-54) hours of
personal leave shall be deducted from the normal "ii-' ) forty (40) hours annual
allocation. Personal leave may be used by the employee provided that said leave is approved in
advance by the employee's immediate supervisor or other appropriate administrative superiors.
All personal leave must be used within the same calendar year in which it is allocated or said
personal leave shall be forfeited. Personal leave shall be paid at the employee's straight time
rate. Conflicts involving multiple requests for the same period of leave shall be resolved on a
first- come -first -served basis. Personal Leave shall not be used to artificially extend the
separation date of an employee's resignation from employment with the City. The effective date
of an employee's resignation from employment shall be the same as the employee's last day
worked.
Section 25.2 Payment for Unused Personal Leave, Layoff or Death. In the event that an
employee is laid off from City service, said employee shall be compensated for all unused
personal leave at the rate of pay in effect at the time of layoff. For any other form of separation,
no compensation will be provided to the employee for unused Personal Leave. In the event of
the employee's death, such compensation shall be paid to the employee's surviving spouse, or
secondarily, his/her estate.
ARTICLE 26
SICK LEAVE
Section 26.1 Sick Leave Accrual. All employees shall be entitled to sick leave with pay at the
rate of five °iaa f4t 9�1�n4e4i. (5 cm four and six hundred fifteen thousandths (4.615) #brae
HMd °°- __ '- °' - ° "'-° +' ^ ` hours per pay period. Sick leave with pay shall accrue without
limitation, with the exception that an employee shall earn the full sick leave accrual each pay
period only if the employee is in full pay status for the entire period. In the event the employee
is not in full pay status for the entire pay period, he shall accrue sick leave at the rate of 4-4f -
«wi e i g . A , t o e , aia*l.., ( . 938) fifty -eight thousandths (.058) hours for
each one (1) hour in full pay status during the pay period. New employees shall be granted a
three (3) day sick leave "advance" upon the effective date of their appointment However, no
additional sick leave will be allowed to accumulate until the end of the third month of
employment
Section 26.2 Use of Sick Leave. Sick leave with full normal pay shall be granted for the
following reasons:
A. Actual illness or disability of the employee;
B. Illness or disability of one or more of the employee's immediate family members,
requiring the employee's personal care and attendance. Immediate family, for the
purpose of this section, is defined as mother, father, spouse, son, daughter, step -son,
step- daughter, legal guardian, or someone who stands in place of a parent.
40
Bargaining unit members shall be permitted to petition the City Manager for usage of
sick leave for illness of family members outside the definition of immediate family.
The parties agree that the City Manager shall evaluate such requests and may, on a
case -by -case basis, approve such requests, at his discretion.
C. Enforced quarantine of the employee in accordance with community health
regulations.
D. Necessary appointments with physicians and dentists.
E. Where injury leave has expired and the employee must be absent from work for an
additional period.
In order to qualify for sick leave payments, the employee must notify his supervisor not later
than one -half (1/2) hour after his normal starting time on the first day of absence, unless the
circumstances surrounding the absence make such reporting impossible, in which case such
report must be made as soon as possible. Sick leave for doctor or dentist appointments must be
requested forty-eight (48) hours in advance, except in emergency situations.
Absence from work due to a non -duty incurred illness or injury will be compensated for by use
of sick leave.
In the event an employee requests sick leave for a period of longer than two (2) consecutive
days, or for the day immediately preceding or following a holiday, he /she may be required by
his/her immediate supervisor to submit a doctor's certificate verifying the illness and justifying
the necessity of the absence. If the immediate supervisor determines that an employee's use of
sick leave is not justified, the immediate supervisor shall have the authority to charge the absent
time to the employee's vacation, personal leave, or compensatory time balance or to record the
absent time as leave without pay.
The City Manager, assisted by all supervisory personnel, shall be responsible for preventing
abuses of sick leave. Sick leave shall not be considered leave time which an employee may use
at his discretion for personal business. The employer may require medical proof of the necessity
for said sick leave, in which event the involved employee shall be required to produce a
statement from a medical doctor certifying to the necessity of such absence. In the event the
employee fails to submit adequate proof of the necessity for sick leave, such leave shall be
considered unauthorized leave and shall be without pay. If an employee is found to have abused
this sick leave policy, he /she shall be subject to disciplinary action, including possible
suspension or dismissal.
In the case of pregnancy, the pregnant employee will be permitted to continue working as long as
she is physically capable to do so with the approval of her physician and supervisor. "Physically
Capable" shall mean the ability to satisfactorily perform the normal job duties of the position to
which the employee is assigned, as determined by the City. If deemed necessary by the
employee's administrative superiors, the employee must provide certification from a doctor of
her choice that continued employment will not be detrimental to the employee's health.
41
Vacation leave, personal leave, compensatory time, or approved leave without pay may be used
to supplement sick leave when the latter is exhausted. All sick leave shall be requested by use of
the established Leave Request. Form.
Absence for a fraction of a day that is chargeable to sick leave in accordance with these
provisions shall be charged proportionately in one - quarter (1/4) hour increments.
Section 26.3 Conversion of Sick Leave. An employee shall be entitled to the conversion of
his/her Sick Leave as follows:
Formatted: Font: Not Bold, Font cola: Red,
Strikethrough
Formatted: Font color: Red, Strikethrough
L.,.. ,. T1 Fa o f j.,.. f F ....,1....-... e 4..:,.t I e s l i .tt b a t th e ffil l eo s t :,.L.«
Formatted: Font: Not Bold, Font cola: Red,
- - - - - - Strikethrough
Formatted: Font color: Red, Strikethrough
b al l al pe.. The PaFvg .....,t,._ 44s �atisien shalt 48 4 18 tiafsys
Formatted: Underline, Font color: Red,
Strikethrough
Formatted: Font: Not Bold, Font cola: Red,
Strikethrough
Formatted: Indent: Left: 0.5"
Formatted: Bullets and Nimbering
as �f
pft�_
42
A. Conversion Upon Separation.
The emplovee may convert his/her sick leave subject to all of the following conditions:
- - - Formatted: Bullets and Numbering
years of which must be full -time continuous service with the City; and
3) The emplovee must have a Sick Leave Balance of at least five hundred
(500) hours at the time of separation;
The rate of pav for such accumulated sick leave shall be at the emplovee's
straight time hourly rate of pay at separation multiplied by one -third (1/3)
of the total number of accumulated sick leave hours. Total payment under
this provision shall not exceed 700 hours. In the event a emplovee dies
while in the emplov of the Citv, except as provided in paragraph (C) of
this section, and the emplovee has at least ten (10) vears of full -time
public service, five (5) of which is full -time continuous service with the
City, his or her spouse, or secondarily his or her estate, shall be paid the
aforementioned rate of redemption for accumulated unused sick leave.
Formatted: Font: Times New Roman, Not
B. Annual Conversion. italic
During
December of each year, each emplovee may convert a portion of his/her
accrued but unused Sick Leave to a cash pavment subiect to all of the following
conditions:
1.
The emplovee must have a sick leave balance of at least five hundre & - -
Formatted: Bullets and Numbering
(500) hours at the end of the first Pay period in December;
2.
The emplovee must have fortv (40) hours or less of sick leave usage for --
Formatted: Bullets and Numbering
the past 12 months as of the end of the first pav period in December
(FMLA protected leave exempted):
3.
The emplovee may convert no more than twenty -eight (28) hours of sick - --
Formatted: Ballets and Numbering
leave to pav:
4.
Sick leave shall be converted at the rate of one (1) hour of sick leave to y---
Formatted: Ballets and Numbering
one (1) hour of pav at the straight time hourly rate of pav:
5.
Once sick leave is converted to Pay, it shall not be converted back to sick - --
Formatted: Ballets and Numbering
leave.
6.
This pavment shall be made to the emplovee by separate check with the
first Pay of the following calendar vear.
43
1} C.Killed During Performance of Duties. If an employee is killed while performing his- - - - I Formatted: Bullets and Numbering
authorized, assignedjob duties, his surviving spouse, or secondarily, the estate, shall
be paid for one hundred percent (100 %) of the value of the employee's accrued but
unused sick leave, at the straight time rate in effect at the time of death. The amount
so paid shall constitute payment in full for all accrued and unused sick leave credited
to the employee.
Section 26.4 Sick Leave Transfer from Prior Public Employer. Any employee who has
accrued sick leave with the State of Ohio or any political subdivision of the State shall be entitled
to have this accrued sick leave transferred to the City of Dublin, provided the employee was
hired by the City within ten (10) years of resignation/separation from the prior public Employer,
and provided the City receives written verification of such prior service from the prior public
Employer. New employees hired on or after the ratification of this Agreement, whose sick leave
is transferred from another public employer, must first use sick leave accrued with the City of
Dublin prior to using his/her transferred balance. In addition, on or after the ratification date of
this Agreement, any newly hired employee's transferred sick leave shall not be eligible for
conversion to a cash payment either on an annual basis or upon retirement or resignation.
ARTICLE 27
HOURS OF WORK AND OVERTIME
Section 27.1 Workweek. The workweek normally consists of forty (40) hours based on five (5)
consecutive eight (8) hour work days followed by two (2) consecutive days off.
The regularly scheduled workday will be eight (8) consecutive hours (other than designated
snow shifts), with two (2) 15- minute breaks each workday. Such breaks shall not interfere with
the proper performance of work responsibilities of the work unit or department, as the case may
be. The breaks will be considered as part of the employee's work time. Breaks may normally be
taken at the work site but any travel time to and from the work site is part of the 15- minute break
period and shall be included in the break. Break time shall not be connected to starting and
ending time of the employee's workday. Break time is not cumulative and the two breaks cannot
be aggregated together. There is not any time allowed to take a lunch or meal break when
working a regular eight (8) consecutive hour shift If any food/smcks are consumed, they will be
consumed during breaks or during the shift, provided that work is not interrupted. There is not
any time allowed to travel to get any food or drinks. Whenever possible, employees shall utilize
city facilities for restroom breaks. Employees may not use restroom breaks during the workday
as an opportunity to purchase food or drinks.
The following are the shifts and hours of work:
3:00 p.m. to 11:00 p.m.
4:00 p.m. to 12:00 a.m.
7:00 a.m. to 3:00 p.m.
5:30 a.m. to 1:30 p.m.
44
The City may add shifts, such as a swing or third shift, and may modify the above shifts provided
that the City gives at least thirty (30) days written notice to the affected employees and the
Union.
Section 27.2 Overtime. Employees shall be compensated at straight -time rates for all hours
worked, as well as in paid status, except that all hours worked, or in paid status, in excess of
forty (40) hours in any workweek shall be compensated for at a rate of time- and - one -half (1 -1/2).
No employee shall be paid for overtime work which has not been authorized by a supervisor.
Section 27.3 Seventh Consecutive Day of Work. When an employee works with approval
from an appropriate supervisor on the seventh consecutive day within his scheduled work week,
and the employee has actually worked at least thirty-two (32) hours in the five (5) previous days
plus a minimum of three (3) hours on the sixth (6th) consecutive day of work, that employee
shall be compensated at the rate of double -time for all hours worked on the seventh consecutive
day. For purposes of this section, the seventh (7th) day shall be considered to start at 12:00
midnight and end at 11:59 p.m.
Section 27.4 Call In Pay /Show -Up Pay. When an employee is called in or scheduled in
advance for work by an appropriate supervisor, and the employee reports for said work more
than thirty (30) minutes after the completion of his shift, the employee shall be paid for a
minimum of three (3) hours at the appropriate overtime rate or be credited with a minimum of
three (3) hours of compensatory time at the appropriate overtime rate.
Section 27.5 Compensatory Time. At the election of the employee, overtime may be
compensated with compensatory time off in accordance with the provisions of the Fair Labor
Standards Act. Such compensatory time off shall be equal to one and one -half (1 -1/2) times or
two (2) times, whichever may be applicable, for each one (1) hour of overtime worked. The
maximum number of accumulated compensatory hours permitted in an employee's compensatory
time bank, at any point in time, shall be two hundred forty (240). After an employee's maximum
compensatory time bank has reached two hundred forty (240) hours, all additional overtime for
such employee shall be paid at the appropriate overtime rate. If at the end of each payroll year
the employee has one hundred sixty (160) hours of compensatory time in his compensatory time
bank, he shall be permitted to convert up to fifty (50) hours of compensatory time in said bank to
cash. The calculation for converting compensatory time to cash shall be the employee's
established hourly rate of pay multiplied by the number of hours the employee desires to convert.
In the event the employee wishes to exercise this option, it shall be his responsibility to forward a
memorandum to the Department of Finance specifying the number of hours he wishes to convert
to cash, prior to the end of the first pay period in the new calendar year The cash conversion
will then be paid in the form of a separate payroll check and shall be forwarded to the employee
on the scheduled pay date at the conclusion of the second pay period in the new year An
employee may carry over up to two hundred forty (240) hours of compensatory time from one
payroll year to another. However, in no event may the employee exceed the maximum amount
of two hundred forty (240) hours in his or her compensatory time bank and all additional
overtime for such employee shall be paid at the appropriate overtime rate.
During any one payroll year, an employee may earn a maximum amount of compensatory time
of three hundred twenty (320) hours. Once the employee has earned a maximum amount of
compensatory time of dree hundred twenty (320) hours in a payroll year (inclusive of any usage
during the payroll year), all other overtime for that payroll year shall be paid at the appropriate
45
overtime rate regardless of the number of hours of compensatory time in the employee's
compensatory time bank.
Section 27.6 Payment For Accrued Compensatory Time Upon Separation. An employee
who has accrued compensatory time shall, upon the termination of employment for any reason,
be paid for the unused compensatory time at the rate of pay received by the employee at the time
of separation. In the event of any employee's death, such compensation shall be paid to the
employee's surviving spouse or, secondarily, his estate.
Section 27.7 Use of Compensatory Time. Any request for compensatory time of more than
eight (8) consecutive hours use shall be submitted at least seventy -two (72) hours in advance of
its requested usage. The notice period may be waived in cases where circumstances make
compliance impracticable. Requests for eight (8) or less consecutive hours use may be submitted
with less than seventy -two hours' notice and may be approved, as scheduling and operational
needs of the Division permit such usage. Compensatory time may be requested in multiples of
one - quarter (1/4) hours.
ARTICLE 28
REINSTATEMENT FROM CERTAIN PERSONNEL ACTIONS
Section 28.1 Reinstatement from Resignation. Any employee who voluntarily resigns his
position within the bargaining unit, may be reinstated to a full -time position within the same job
classification from which he resigned if there is a need for his services within two (2) years after
the date of resignation, subject to approval by the City Manager. If there is no vacancy at the
time of request for reinstatement, the Director of Human Resources shall place the name of said
applicant at the top of the appropriate re- employment list for the remainder of the two (2) year
period.
Section 28.2 Reinstatement from Military Service. Pursuant to the Ohio Revised Code
Section 4903.03, any employee who leaves, or has left, the City service to enter the active
service of the Armed Forces of the United States, or any branch thereof, and who is subsequently
reinstated to employment with the City, shall be entitled to receive compensation at the Step rate
to which the employee would have been entitled had service with the City not been interrupted
by service in the Armed Services. Reinstatement rights are also governed by the Uniform
Services Employment and Re- Employment Rights Act (USERRA ").
Section 28.3 Reinstatement from Authorized Leave. Time spent on authorized leave shall be
credited for purposes of step advancement and shall not constitute a break in service.
ARTICLE 29
VACATION LEAVE
Section 29.1 Vacation Year. The vacation year for employees shall end at midnight on the last
day of the payroll calendar year
46
Section 29.2 Conditions for Accrual. Employees shall accrue vacation leave per pay period at
the annual rate set forth in Section 29.4. In addition, an employee shall not earn his full vacation
accrual in a given pay period unless he is in full pay status (i.e. on duty or on approved leave
with pay) in the entire pay period. In the event an employee is not in full pay status during the
entire pay period, he shall accrue vacation on a pro -rated basis taking into account the number of
hours in full pay status during the pay period and his rate of accrual at that given time. The
formula for pro - rating the employee's accrual under such circumstances shall be the number of
hours in full pay status multiplied by the converted hourly accrual rate.
Section 29.3 Prior Public Service Credit An employee who has prior public service with any
state government, or any political subdivision thereof, may receive credit for his prior service
with such entity, for the purpose of computing the amount of his vacation leave with the City, if
the nature of said service is relevant to the nature of his service with the City of Dublin.
A new employee of the City with less than one (1) year of prior public service, as described
under this Section shall not within the first six (6) months of his employment with the City,
accrue or use vacation leave and, during the remaining six (6) months of his first year of
employment, said employee shall accrue and be entitled to use up to a maximum of forty (40)
hours of vacation leave.
A new employee of the City, with more than one (1) year of prior public service, as described
under this Section, shall be entitled to accrue vacation leave immediately upon appointment,
pursuant to the schedule and conditions established in this Section, provided that proper
verification of said prior public service is received by the City, and said employee shall be
entitled to use vacation leave after three months of service.
Section 29.4 Vacation Accrual Schedule. Each employee shall be entitled to vacation leave
based upon the following vacation accrual schedule:
Completed Years of Public Service Paid Vacation (Hours Per Year)
0-
1 Year
40 Hours
2 -
4 Years
108 Hours
5 -
94-9-Years .
142 Hours.
104-
- 15 Years
182 44-Hours
16 -
20 Years
208 4Hours
21 Years or More
24639 Hours
Section 29.5 Vacation Carry -Over. An employee with fewer than eleven (11) completed years
of public service may automatically carry over from one payroll calendar year to the next a
maximum of one hundred sixty (160) hours of vacation leave previously earned but not used.
An employee with eleven (11) to nineteen (19) complete years or more completed years of
public service may carry -over a maximum of two hundred (200) hours of vacation leave from
one payroll calendar year to another payroll calendar year. An employee with twenty (20) or
more completed years of public service may carry over a maximum of two hundred forty (240)
hours of vacation leave from one payroll calendar year to another payroll calendar year
47
Section 29.6 Vacation Scheduline/Use. The Division/Department shall attempt to honor all
vacation requests in the following manner with the understanding that all vacation leaves shall be
taken at such time or times at the discretion of and as approved by the Division Head.
A. Annual Scheduling In December of each yea the Division shall post a vacation
schedule for the following year Employees shall submit written requests for vacation
leave by January 1. In cases of conflict, seniority shall control as to granting of requests
for vacation leave. In the event an employee's request is disapproved, that employee
shall have seventy -two (72) hours to resubmit an alternate request for consideration.
During said seventy -two (72) hour period of time, vacation requests from other
employees with less seniority shall not be approved. In the event the employee does not
resubmit his alternate request within said seventy -two (72) hour time period, vacation
requests from other employees with less seniority may then be approved.
B. Casual Scheduling. For other than annual scheduling, employees may request occasional,
casual use of vacation leave. Approval of such casual vacation leave shall be on a first -
come first -served basis.
C. Vacation leave may be taken in multiples of one - quarter (1/4) hour.
D. Vacation Leave shall not be used to artificially extend the separation date of an
employee's resignation from employment with the City. The effective date of an
employee's resignation from employment shall be the same as the employee's last day
worked.
Section 29.7 Rates of Pay for Vacation Hours. All vacation hours shall be paid at the
applicable straight time rates; however, an employee ordered to work while on approved
vacation leave shall be paid at the double time rate, with a minimum guarantee of four (4) hours
pay for each such call -in.
Section 29.8 Payment for Accrued Vacation Leave Upon Resienation /Separation and
Death. Employees who are laid off, who resign with two (2) week's notice, or who are
separated from City service shall be paid all unused but accrued vacation to which they are
entitled at the rate of pay in effect at the time of separation. In the event of an employee's death,
such compensation shall be paid to the employee's surviving spouse, or secondarily, to his/her
estate.
Section 29.9 Annual Conversion of Accrued Vacation Leave During December of each year,
each employee who has completed eleven (11) years of public service may convert a portion of
his/her accrued but unused vacation leave to a cash payment subject to all of the following
conditions.
1. The employee must have a vacation leave balance of at least one hundred and twenty
(120) hours at the end of the first pay period in December;
2. The employee may convert no more than forty (40) hours of vacation leave to pay;
3. Vacation leave shall be converted at the rate of one (1) hour of vacation leave to one (1)
hour of pay at the member's current straight time hourly rate of pay;
48
4. Once vacation leave is converted as part of this process, it cannot be converted back into
vacation leave.
5. This payment shall be made to the member by separate check within the first pay period
of the following calendar year
ARTICLE 30
INJURY LEAVE
Section 30.1 Iniury Leave with Pay. When an employee's absence from work is necessitated
because of an illness or injury incurred while on the job with the City and said illness or injury is
compensable under Ohio Workers' Compensation Law, injury leave shall be granted for a period
not to exceed one hundred eighty (180) calendar days after the date of injury. Such leave shall
be granted by the City Manager, or his designee, based upon the recommendation of the
Division/Department Head and upon submittal by the employee of a statement from a licensed
physician justifying that the employee is unable to return to full work status due to the illness or
injury. Such leave shall not be charged against the employee's sick leave balance unless it is
determined that the illness or injury is a non - work - related illness or injury and is not
compensable under Ohio Workers' Compensation Law. In order to be eligible for injury leave,
the employee must report the illness /injury to his supervisor within three (3) work -days of the
incident giving rise to the illness /injury.
Simultaneously with the request for injury leave, the employee shall make application and
actively pursue a claim for lost wage benefits under Ohio Workers' Compensation Law. If the
application for benefits is granted and the claim allowed, the City's obligation under the
continued use of injury leave would be the monetary difference between the employee's regular
rate of pay and benefits received under the Workers' Compensation system. However, as an
alternative to lost wage benefits from Workers' Compensation, the City retains the right to
continue approving injury leave in lieu of the employee pursuing lost wage benefits through
Workers' Compensation.
In cases where injury leave or medical leave are necessary, the City may employ a limited -duty
work program which will provide for the attempted placement of Divisional personnel who are
unable to perform in their normal capacity. The limitations imposed on injury leave shall be
considered as limitations on leave granted as a result of each incident of a work - related
illness /injury, rather than limitations on leave to be granted in any one calendar year or other unit
of time.
ARTICLE 31.
SPECIAL LEAVES
Section 31.1 Leave Without Pay. Leave without pay maybe granted, upon the approval of the
City Manager, or his designee, if requested in writing by the employee. An employee on leave
without pay shall not accrue sick leave or vacation benefits and, for non- medical/non- family
leave situations or for the period beyond twelve (12) weeks of family or medical leave, the
employee will also be required to pay one hundred percent (100 %) of the cost associated with
maintaining his medical, dental, vision, and/or life insurance coverages if he wishes any or all of
49
said coverages continued. Failure of any employee to report promptly at the expiration of such
leave of absence shall be considered as a resignation. Leave without pay may be granted for:
A. Personal Leave. A leave without pay may be granted at the discretion of the City
Manager, or his designee, for personal reasons not to exceed thirty (30) days without loss
of seniority, if the employee can be spared. This may be extended only with the written
approval of the City Manager, or his designee, and must be submitted in writing a
minimum of two weeks prior to the requested date of the extension.
B. Extended Illness or Accident Leave. A leave without pay may be granted to an
employee for a period not to exceed one (1) year without loss of seniority when such
employee is physically unable to report for work because of illness or accident. The
employee must promptly notify his supervisor of the necessity therefore (and the
supervisor shall transmit the request to the City Manager, or his designee, for approval),
and the employee must supply certification from a qualified physician attesting to the
necessity for such absence.
C. Maternitv Leave. A maternity leave without pay may be granted to an employee
without loss of seniority upon approval of the City Manager, or his designee. Extension
of the leave may be granted for a period not to exceed one (1) year, if the employee's
physician states in writing that such an extension is needed for recuperative health
reasons related to pregnancy. Leave without pay during the probationary period shall not
be counted part of that period.
D. Military Leave (Active 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. Contract Administration Leave. Leave without pay shall be approved for a unit
chairperson or Unit Griever or unit secretary for a period of time, cumulatively, not to
exceed a total of ten (10) calendar days per calendar year for labor contract
administration and enforcement training. The employee shall advise the supervisor with
as much advance written notice as possible, but in no case with less than forty-eight (48)
hours written notice indicating the approximate time required to attend the training and
the nature of the training.
Section 31.2 Leave with Pay. Leave with pay shall be granted upon the approval of the City
Manager, or his designee, to an employee in the following. instances:
A. Court Leave. Leave with pay shall be granted to an employee in order that he may serve
required jury duty or if he is required by law to appear in a case resulting directly from
the discharge of his duties as a City employee. In such cases, all witness or jury fees
shall be signed over to the City.
B. Bereavement Leave. In the event of a death in an employee's family, the employee shall
be entitled to up to three (3) Pe sesxtwe paid work days per calendar year for a funeral
services and/or burial., ,
....,.w sep. �.t o f s t a t e if nee f�_ «w,...,. lquFveses. Additional days of sipl„ - l eave
personal leave, vacation leave, and compensatory time may be approved by the City
50
Manager, or his designee, on a 'base -by- case" basis, given the merits of each particular
set of circumstances. The family, for purposes of bereavement leave, shall include:
spouse, son, daughter, brother, sister, parent, legal guardian, person who stands in place
of a parent, grand - parent, grandchild, step - father, step - mother, step - brother, step- sister,
step -son, step - daughter, mother -in -law, father -in -law, daughter -in -law, son -in -law,
brother -in -law, sister -in -law, grandparent -in -law, half brother and half sister, aunt, uncle,
or any other relative living in the home of the employee.
C. Military Reserve Leave. A member who, as a member of the Ohio National Guard, the
Ohio Defense Corporation, the Ohio Naval Militia, or as a reserve member of the Armed
Forces of the United States, is called upon to receive temporary military training, shall be
entitled to a leave of absence with pay for a period or periods not to exceed twenty -two
(22) eight (8) hour work days or one hundred seventy -six (176) hours in any one (1)
calendar year. A member qualifying for paid military leave who is called or ordered to
the uniformed services for longer than the above period shall be paid for the remaining
time beyond the first twenty -two (22) eight (8) hour work days or one hundred seventy -
six (176) hours at his or her regular compensation rate less whatever compensation the
member may receive for such military service. If the member's military compensation
exceeds the compensation the member is otherwise entitled to from the City, the member
will not be entitled to any additional compensation from the City.
D. Family/Medical Leave (FMLA Leave). Pursuant to the Family and Medical Leave Act
of 1993, FMLA leave may be granted to an employee who has been employed for at least
twelve (12) months by the City and who has provided at least one thousand two hundred
fifty (1,250) hours of service during the twelve (12) months before the leave is requested.
The leave may be granted up to a total of twelve (12) weeks during any twelve (12)
month rolling period for the following reasons:
1. Because of the birth of a child or placement for adoption or foster care of a child;
2. In order to care for the spouse, son, daughter, parent, or one who stood in place of
a parent of the employee, if such spouse, son, daughter, parent, or "in loco
parentis" has a serious health condition;
3. Because of a serious health condition that makes the employee unable to perform
his/her employment functions.
The employee must provide the employer with thirty (30) days advance notice of the
leave, if such leave is reasonably foreseeable, or such notice as is practicable if thirty (30)
days notice is not possible. The employee must provide the employer with certification
of the condition from a health care provider. The employer, at employer's expense, may
require a second opinion on the validity of the certification. If this second opinion
contradicts the first opinion submitted by the employee, a third opinion, at the employer's
expense, shall be sought from a mutually agreeable physician, which shall be binding on
both the employee and employer. An employee seeking FMLA leave must first use paid
sick time (if applicable), vacation, personal leave, and compensatory time before going
on unpaid leave. The total amount of family leave paid and unpaid will not exceed a total
of twelve (12) weeks. In any case in which a husband and wife entitled to family leave
are both employed by the City, the aggregate number of workweeks of leave to which
51
both may be entitled may be limited to twelve (12) weeks taken because of the birth of a
child or placement for adoption or foster care of a child. The employee will be
responsible for his/her share of the health insurance cost (if any) during the unpaid leave.
If the employee does not retmn from the leave, he /she is responsible for payment to the
City of the monthly Single/Family rate paid by the City on behalf of the employee during
the leave. The City may, at its sole discretion, waive the repayment of such amount The
City will be responsible for the thirty (30) day plan costs under COBRA.
It is intended that this Article comply with the Family and Medical Leave Act of 1993
and the City may promulgate policies in furtherance of the Family and Medical Leave
Act that are not inconsistent with this Agreement.
E. Other. Leave with pay may be granted by the City Manager, or his designee, for good
and sufficient reasons which are considered to be in the best interest of the City, but only
in the event of extraordinary circumstances.
ARTICLE 32
LEAVE DONATION PROGRAM
Section 32.1 Purpose The purpose of this Article is to establish regulations governing the
operation of a Leave Donation Program that allows employees to voluntarily donate sick leave,
vacation leave, personal leave, or compensatory time to another employee when the employee
experiences a catastrophic illness /injury, or when such an employee's immediate household
family member experiences such an illness or injury requiring the employee's personal care and
attendance, and the employee has exhausted all of his/her sick leave, vacation leave, personal
leave, compensatory time, or other applicable paid leave balance.
Section 32 .2 Definitions
Catastrophic Illness/Iniury - A devastating illness or injury that is expected to incapacitate the
employee or a member of the employee's immediate household family for an extended period of
time, provided that taking extended time off from work creates a financial hardship for the
employee because he /she has exhausted all leave balances. Catastrophic illnesses or injuries
would commonly include, but are not necessarily limited to, the following: cancer, AIDS, heart
attack, heart surgery, stroke, or permanent paralysis.
Donation - The act of voluntarily, unconditionally, and irrevocably surrendering a portion of
one's sick leave, vacation leave, personal leave, and/or compensatory time to a qualified
employee.
Immediate Family Member - Mother, father, spouse, son, daughter, stepson, stepdaughter,
legal guardian, or someone who legally stands in place of a parent.
52
Section 32.3 Pm-ram Reeulations
A. Eli ibili
Eligibility to donate leave or to receive donated leave under this program shall be
limited to United Steelworkers bargaining unit members and all Non -Union personnel
of the City serving in full -time permanent positions. Eligibility to receive donated
leave under this program shall also be limited to those employees who have a total of
one hundred twenty (120) hours or less in all forms of paid leave in the aggregate (i.e.
sick leave, vacation leave, personal leave, compensatory time) at the time of their
written request to receive donated leave, and who have not been disciplined for leave
abuse the two (2) years prior to the date of their request to receive donated leave.
B. Request for Leave
When an employee has less than a total of one hundred twenty (120) hours in all
forms of paid leave (as specified above) in the aggregate, the employee or the
employee's Division Head (with the employee's consent) may initiate a request for
assistance. The request shall be forwarded to the affected employee's Department
Head for review and consideration of the facts and circumstances specific to the
employee's need. Such review shall include, but not necessarily be limited to, an
assessment of a written certification from the employee's physician regarding the
employee's or family member's medical condition, an analysis of the employee's sick
leave usage and overall work history with the City of Dublin, and consideration of
input provided by the Department's supervisory/managerial staff. Following this
review by the affected employee's Department Head, the Department Head may
recommend approval for receipt of donated leave to the City Manager. The City
Manager shall make the final decision regarding approval of the employee's request.
The final decision to approve or disapprove the request rests within the sole discretion
of the City Manager.
C. Donation Process, Procedures & Requirements
Should the employee's request to receive donated leave be approved by the City
Manager, employees (herein called donors) who desire to contribute leave time shall
complete a "Leave Donation Form." Such forms shall be made available by the
Division of Human Resources and by each Department/Division. The donor shall
designate on the form the name of the employee who is to be the recipient of the
donated leave and the amount of such donated leave.
Leave shall be donated in the following sequence and amounts for each approved
recipient:
1. The fast eight (8) hours of any donation shall be vacation leave. If the donor does
not have vacation time available, this requirement may be waived or reduced by
the Department Head.
53
2. The second eight (8) hours of any donation shall be personal leave, compensatory
time, or vacation leave. If the donor does not have eight (8) hours of such leave
available, this requirement may be waived or reduced by the Department Head.
3. After sixteen (16) hours of vacation leave, personal leave, or compensatory time
have been donated, or waived as specified above, sick leave may then be donated.
Sick leave donations shall be limited to forty (40) hours. After forty (40) hours of
sick leave donation has been reached, the entire donation sequence may begin
again starting with Item 1, above.
D. Minimum Donation Increments
The minimum amount of leave time which can be donated shall be one (1) hour.
Donors may contribute any amount of time at or above one (1) hour in whole
amounts (no fractions of an hour can be transferred). However, the donor shall not be
allowed to donate an amount of leave which would reduce the donor's leave balance
or combination of balances below one hundred and twenty (120) hours of available
leave time.
E. Divisional Coordinator
Should the employee's request to receive donated leave be approved by the City
Manager, the employee's Division Head shall designate another employee of the
same Division to serve as "Divisional Coordinator". The role of "Divisional
Coordinator" shall be to facilitate the flow of information and to maintain a direct line
of communication with the recipient. Upon approval of all Leave Donation Forms by
the donor's Department Head, all such forms shall be forwarded directly to the
"Divisional Coordinator ". The "Divisional Coordinator" shall collect all such forms,
determine the proper number of hours necessary to satisfy the recipient's need, on a
pay period -by -pay period basis, match the donated leave hours to the established need
(again on a pay period -by -pay period basis), and forward the required number of
Leave Donation forms with the recipient's time sheet directly to the Department of
Finance.
Should the number of donated leave hours exceed the recipient's need for a given pay
period, those excess donated leave hours will be held in reserve by the "Divisional
Coordinator" and will be used to satisfy the recipient's continuing future need for
such hours. Should the recipient's eligibility to receive donated leave cease, in
accordance with Section 32.3 K. (`Eligibility Ceases "), and donated hours remain in
the above referenced reserve, these hours will be returned to the donor within a
reasonable period of time thereafter. (It is critical to note that once donated leave
time is forwarded from the "Divisional Coordinator" to the Finance Department, and
such donated leave time is actually physically transferred from the donor's leave
balance to the recipient's sick leave balance, the donor has no right to recover any
portion of such leave time.)
54
F. Donation Credited
Upon receipt of all approved Leave Donation Forms, the Department of Finance will
credit all donated leave time to the recipient's sick leave balance.
G. Conditions on Receipt of Leave
Before an employee may receive the donated leave, he /she must have exhausted all of
his/her sick leave, vacation leave, personal leave, compensatory time, or other
applicable leave balances available to him/her (excluding the exception listedbelow).
Exception: One leave balance designated by the employee (other than sick leave)
may contain no more than twenty -four (24) hours of leave time. Such leave time will
be held in reserve to allow the employee the opportunity to take some time off
following the end of the catastrophic situation, should such time off be needed to
attend to family needs.
I3. Prohibition on Continued Accrual of Leave
While using donated leave, the employee shall not accrue or receive any leave time in
excess of the twenty -four (24) hours identified in Item G, above.
I. Prohibition on Conversion to Cash
All donated leave time, regardless of the type, shall be considered to be sick leave and
shall only be used under the conditions of sick leave as set forth in the Collective
Bargaining Agreement or the City Personnel Code (whichever is applicable). No
cash payments shall be provided to the employee or the surviving spouse of the
employee under this program.
J. Continuation of Medical, Dental, Vision, Life Insurance And Other Benefits
Employees using donated leave shall be considered to be in paid status solely for the
purpose of receiving all medical, dental, vision, and life insurance benefits, step
increases, merit increases, longevity payments, and seniority credit to which they
would have otherwise been entitled. However, original or promotional probationary
employees using such leave shall have their probationary periods extended by the
same length of time for which the employee has used the donated leave.
K Eligibility Ceases
Eligibility to receive donated leave under this program shall cease upon certification
from the employee's physician that he /she is capable of engaging in sustained regular
employment, certification from the employee's family member's physician
documenting the family member's recovery from the catastrophic illness /injury, an
employee's application for disability retirement is approved by the appropriate
retirement system (Public Employee's Retirement System of Ohio), or death of the
employee or employee's family member, whichever should first occur.
55
ARTICLE 33
INSURANCE
Section 33.1 Medical, Dental, & Vision Benefits. The City shall make available group
medical, prescription drug, dental, and vision benefits to all employees and dependents who meet
the eligibility requirements of the plan. Effective January 1, 2011, t -The City will provide health
Annual deductibles for the calendar years beginning January 1, 2011, January 1, 2012, and
January 1, 2013 shall be $2,500 for single coverage in network and $5,000 for familv coverage
in network for both medical and pharmacv coverage. Once the maximum of the deductible is
_met the plan design of this program shall be substantially the same as that in effect on December
31, 20109; with the following exceptions listed in this Article and the corresponding Attachment
A, which shall become effective on January 1, 2011. Details of the HSA are included in
Attachment A and incorporated into this Article by reference.
In addition, the City will make annual contributions to each participating employee health
savings account based on the coverage level (single or familv) and participation m the Citv's
Wellness program, Healthv by Choice (HBC) Plus. The benefit plan provides participation -based
and results -based wellness incentives to help offset the emplovee deductible amounts under this
plan design. Details of HBC Plus and the wellness progmm are included in A ttachment A of this
A greement
For the calendar years b eginning January 1, 2011, January 1, 2012, and 2013, the City's annual
HSA contribution for each participating employee shall be
Participation - Based
Single Coverage: $1,125
Familv Coverage: $2,250
Results — Based
$150 per health factor
A. Medical Plan
Medical Plan
Preventive Care
In- Network
Out -of- Network
100%/0%
0% /100%
Covered items include, but are not necessarily
limited to annual physical examinations,
immunizations, mammograms, pap smears,
prostate exams, colonoscopies and routine lab
No covered items.
work. Services will be covered as
recommended by a physician based on age and
family history. (See Plan Document for more
information.
56
Medical Plan
Annual Deductible
Effective
Effective
Effective
01 -01 -2011
01 -01 -2012
01 -01 -2013
In- Network
Out -of-
Network
See
Attachment
Out -of-
See
Attachment
Out -of-
Network
Network
Network
A
$599 -eee-
�
a=kea
A
85 %/15
Individual
Individual
I 630 %/450%
859 % /15444
1 630% /430%
$4 0001 -,'z59
$2500
$5 000
Family
Family
$8,000
Family
Family
Family
5 000
10 000
Family
$88 000 � � nn
$164
$83
Both medical and pharmacy expenses will 2Wjtj the count towards the deductible. For family _ . - Formatted: Font color: Red,. Striketnrougn
coverage, the familv deductible must be satisfied — either by one family employee or a
combination -before the plan pays for any covered services for you and your dependents.
Medical Plan
Co- Insurance
Effective
Effective
Effective
01 -01- 201108
01- 01- 2012401
01 -01 -2013
In- Network
Out -of-
In- Network
Out -of-
In- Network
Out -of-
Network
Network
Network
Network
$599 -eee-
�
a=kea
Network
85 %/15
1 630% /450%
8544
I 630 %/450%
859 % /15444
1 630% /430%
Medical Plan
Out -of- Pocket Maximum
Effective
Effective
Effective
01 -01- 201108
01 -01- 2012401
01 -01 -201340
In- Network
Out -of-
In- Network
Out -of-
In- Network
Out -of-
Network
Network
Network
Network
$599 -eee-
�
a=kea
Network
Individual
Individual
Individual
Individual
Individual
Individual
$4 0001 -,'z59
$86,000
$4 0001,309
$8 ;,000
$4 0001759
$8,000
Family
Family
Family
Family
Family
Family
$88 000 � � nn
$164
$83
$164,000
$8 0003309
$16,000
Medical Plan
Hospital In- Patient Sta
2011408
201209
201340
In- Network
Out -of-
In- Network
Out -of-
In- Network
Out -of-
Network
Network
Network
$100 ee-
4i
$599 -eee-
�
a=kea
$1008
�
8544% /1549%
lit
a=kea
$1008
�
859% /1529%
i�
4i
85 %/15 ° %
630% /430%
630% /430%
6-50% /430
57
Medical Plan
Emergency Room
Effective
Effective
Effective
01- 01- 2011408
01- 01- 2012409
01 -01 -20139
In-
Out -of-
In- Network
Out -of-
In- Network
Out -of-
Network
Network
1 60 %/40%
Network
60 %/40%
Network
$109 -88
pa5�8
Ikea
$100 se
�
$1 se
�
$150 se
�
$150 se
�
$1-30 se
�
8539% /1539%
&59 %/15440%
8539% /1539%
859 %/1549 °70
8539% /1539%
85 % /15 ° /a
Medical Plan
Mental Health/ Drug & Alcohol Out - Patient
Effective
01 -01 -2011
Effective
01 -01 -2012
Effective
01 -01 -2013
In Network
Out -of-
Network
In- Network
Out -of-
Network
In- Network
Out -of-
Network
85 %/15%
1 60 %/40%
85 %/15%
1 60 %/40%
85 %/15%
60 %/40%
Medical Plan
Mental Health/ Dru & Alcohol In- Patient Sta
Effective
01 -01 -2011
Effective
01 -01 -2012
Effective
01 -01 -2013
In- Network
Out -of-
Network
In- Network
Out -of-
Network
In- Network
Out -of-
Network
85 °% /15 °%
1 60 °% /40%
85 % /15%
60 %/40
85 %/15%
60 %/40%
LifeTime Maximum
The lifetime limit or maximum on the dollar value of benefits under the City of Dublin's
medical plan no longer applies as of January I ", 2011.
Coverage for Adult Dependent Children
Coverage levels will be based on the Drovisions outlined in the Patient Protection and
Affordable Care Act (PPACA) final regulations and by state legislation which shall be reflected
in the City's Summary Plan Description (SPD). At the time this Agreement was execute final
regulations for the Patient Protection and Affordable Care Act were vet to be promulgated and
Publishedbv the U.S. Department of Labor and other regulatory agencies. Once these final
regulations are nublished the City's Summary Plan Descrintion (SPD) shall be amended
accordingly and such changes that result shall be incorporated into the Summary Plan
Description (SPD) and herein by reference.
Coverage for Adult Children age 26 up to age 28
If coverage is elected a premium equivalent will be charged through a payroll deduction.
58
Medical Plan
Additional Coverage Limitations
Service Type
Limitation
Rehabilitation Services
• Subject to appropriate m or out of network
co- insurance
• Limited to 24 visits per therapy type per
calendar year for in and out of network
combined
• Cardiac Rehab is limited to 36 visits per
calendar year for in and out of network
combined
• Additional visits may be approved based
upon medical necessity and physician
documentation
Durable Medical Equipment/ Prosthetic
• Subject to appropriate in or out of network
Appliances
co- insurance
• Limited to $20,000 maximum benefit per
individual per calendar year for in and out of
network combined
Chiropractic Services
• Subject to appropriate m or out of network
co- insurance
• Limited to 40 visits per calendar year
combined in and out of network
Gastric Bypass
• Patient to be involved in diet/exercise
program for at least six (6) months prior to
surgery
• Subject to appropriate in or out of network
co- insurance
• Subject to pre - surgical review
• $25,000 lifetime maximum for surgery and
all related care
• Subject to appropriate in or out of network
Transplants
co-insurance
• No out -of- pocket maximum provision for
out -of- network services received
59
Prescription Plan
Additional Coverage Limitations
Benefit
Effective
01 -01- 201168
*Effective
01 -01- 201299
*Effective
01 -01 -20139
Tier 1
Generic Drugs
15% per rx to max co-
pay of $25
15% per rx to max co-
pay of $25
15% per rx to max
co-pay of $25
Tier 2
Drugs on Formul ary
259% per rx to max co-
pay of $
25% per rx to max co-
a of $1
25% per rx to max
co-pay of $1
Tier 3
Non - Formulary
Drugs Except
Specialty Drugs
3025% per rx to max
co -pay of $2030
30% per rx to max co-
pay of $2_090
30% per rx to max
co -pay of $200
�Fe-reee-
�e
T @ F 4
pFags
25
39
3 9 o �: te
Be
flfl' $1 � 9
G�
gfl' $20
f)OF HE �ffli
X39
Mail Order
The above co- insurance applies to mail order prescriptions; however, it is
for a 90 -day supply vs. 30 -day retail supply. Maximum co -pay is double
the retail max co-pay for each tier.
�flflual
$1 Single
�`
$1 Single
Q,000 F�ib`
$! c:n,.t.
Stipulations
Specialty drugs available onlv through the LTHC specialty network at a 30
day su 1 .
Flexible Soendim Account
Employees may choose annually, during the established open enrollment period to participate in
a dependent care Flexible Spending Account to cover eligible expenses as determined by the IRS.
Dependent Care Expenses
Maximum contribution of $5,000 per year per family, subject to applicable IRS regulations
Flexible Soendine Account Limitations
• Emplovee must use the monev in their FSA prior to a pre - specified deadline
• Money not used by the deadline reverts back to the City
The Citv will provide notice of anv changes to the FSA limitations based upon the applicable IRS
re ulations.
60
B. Dental and Vision Insurance
The City shall make available group dental and vision benefits to all employee and dependents
who meet the eligibility of the plan. The plan design of this program shall be substantially the
same as that in effect on December 31, 2010 with the following exceptions, which shall become
effective upon execution of this Agreement.
A. Premium Equivalent Contribution. The benefits of the Plan will be made available if
medical coverage is waived and if dental and vision coverage is paid for through an
annual premium equivalent
,4 13. Premium Equivalent Contribution. Coverage for Adult Children age 26 up to age
28. The benefits of this Plan will only be made available if paid for through an annual
premium equivalent amount. Coverage of medical benefits does not include dental and
vision insurance and will only be available if elected and paid for with medical coverage
through a premium equivalent amount.
The following plan design shall be in effect for the term of this Agreement:
• The annual maximum benefit for preventive services, basic services, and major services
is $1,750 per plan member. Major services are increased to 75% coverage.
• The lifetime maximum benefit for orthodontia services is $2,000 per plan member.
Vision
• The schedule of allowances for Eye Examination shall not exceed $85.00.
• The schedule of allowances for Frames shall not exceed $85.00,
• The schedule of allowances for Lenses shall not exceed $125.00 for all spectacle lens types.
• The schedule of allowances for Cosmetic Contact Lenses shall not exceed $125.00 in lieu of
spectacle lenses.
C. 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.
Section 33.2 Nicotine Incentive Testis- PFORFHm Emolovees who oarticioate in Health
By Choice and receive the incentive for non - tobacco use will be required to sign an
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 during the year that
the incentive is otherwise paid, the Employee shall not be eligible for such an incentive
during such year or for such an incentive during the next calendar year and further, anv
incentive not vet paid shall be used to offset any non - tobacco incentive already paid. Any
61
Employee who falsifies an attestation regarding non - tobacco use may be subject to
disciplinary action.
Employees who participate will be required to submit an appropriate nicotine testing form
authorizing such tests as a condition of participation in the program. Any employee who refuses
to participate in nicotine testing shall be ineligible for any tobacco -free incentive offered by the
City.
Section 333 in Carriers. If it becomes necessary to change carriers (medical, dental,
vision, and life insurance benefits only), and such change would effect the benefits under the
plans, the 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 333 Life Insurance. Effective upon execution of this Agreement, the City shall
provide group term life insurance coverage in an amount equal to one and one -half (1 '! /�) times
each employee's annual base compensation rate, with a minimum coverage level of $50,000 and
a maximum overage level of $150,000. The full premium for this coverage shall be paid by the
City. For purposes of administrative efficiency, the annual base compensation rate in effect. on
December 31'` of each year shall be used to calculate the amount of life insurance the employee
will have the following year (e.g. annual base compensation level in effect on 12 -31 -20093 shall
be used to calculate the life insurance amount the employee will have during the 201044
calendar year). In addition, the coverage reduction provisions within the existing life insurance
policy in effect as of 12 -31 -2002, which begins at age 65, shall remain in the life insurance
policy under this Agreement. Coverage amounts shall be doubled if the employee is killed in
the line of duty.
ARTICLE 34
TRAINING AND TUITION
Section 34.1 Training. In recognition of the value of continuing education and professional
development of employees, the City agrees to provide training opportunities for employees
within the bargaining unit at the City's expense. This training may be either initiatedby the City
pursuant to a training schedule or by the employee, with the approval of the Division Head or his
designee. The training shall be related to an employee's performance of his job duties or in
preparation for job duties which may be assigned to the employee after completion of training.
Reasonable effort shall be made to accommodate the training to the employee's regular work
schedule. The Division shall endeavor to provide as much advanced notice as practical to
employees regarding their training schedules. In that this training is a work - related duty, the
employee shall receive all pay and benefits to which he is otherwise entitled during training.
The expense for employees who are required or requested to attend training schools, seminars, or
other instructional or educational programs, including examination to increase their knowledge
and further their competency in their occupation with the Employer, shall be paid by the
Employer as follows:
A. Registration fees, tuition charges for the training school, seminar, or educational or
other instructional programs.
62
B. The employer shall pay for meals when not provided by the tuition
C. The employer shall pay the current rate for mileage, as determined by the IRS, when
an employee is not provided with a City -owned vehicle. Where overnight lodging is
provided at the City's expense, an employee will only be reimbursed for mileage to
and from the training facility on one occasion each way unless otherwise approved or
directed by the Division Head. All other travel shall be considered to be non -work-
related and non - reimbursable. Bus, train, or airfare at tourist rate will be provided for
lengthy trips when travel is approved by the City Manager.
D. Hotel or motel charges when lodging is not provided as a term of tuition payment.
E. Hourly rates will be paid when schools or training are scheduled during regular
working hours.
F. All necessary tools and equipment required by the course of instruction.
Checks may be issued in advance for paragraphs A. and D. of this Section.
Section 34.2 Tuition Reimbursement.
A. Reimbursement Program. All employees of the bargaining unit may participate in
the City's. Tuition Reimbursement Program. Under this program, each employee shall
be eligible for a maximum of three thousand dollars ($3,000) in reimbursement per
calendar year for fees and required textbooks, and courses of instruction voluntarily
undertaken. Courses of instruction eligible for reimbursement under this program
shall include courses necessary for job - related degree programs or courses of study
not necessarily within a job - related degree program but which are still job - related. In
addition, only coursework provided by a recognized institution (e.g. college,
university, community college, post secondary technical school, etc.) shall be eligible
for reimbursement under this program. No reimbursement shall be approved for
correspondence courses.
B. Necessary Approval. All coursework subject to reimbursement shall be transmitted,
in advance and through the Division/Department Head, to the Director of Human
Resources for approval. The Division/Department Head shall provide a written
recommendation concerning approval/disapproval of the request at time of transmittal
to the Director of Human Resources. If practicable, an employee shall make
application for approval of coursework at least fifteen (15) days prior to
commencement of the course of study. The Director of Human Resources shall
evaluate the employee's comsework/degree program for job - relatedness and shall
notify the employee, in writing, regarding his approval/disapproval of said course -
work/degree program on that basis. The City agrees that approval of
comsework /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/comsework is disapproved by the
63
Director of Human Resources, the employee may appeal, in writing, said disapproval
directly to the City Manager within seventy -two (72) hours of notification from the
Director of Human Resources. The City Manager will issue a written decision on the
employee's appeal within five (5) working days of receiving said appeal.
C. Course Attendance. Courses are to be taken on other than scheduled working hours,
unless approval is obtained from the Division Head, or his designee, to take such
courses on work time.
D. Reimbursement Procedure. Reimbursement shall be made upon successful
completion of a course with a grade of C (2.00) or better. The employee shall submit
an official transcript or certificate demonstrating successful completion of the course
and a receipt from the institution confirming the employee has paid for tuition, fees,
and required textbooks. Any financial assistance available to an employee shall be
deducted from the amount of tuition reimbursement that would otherwise be payable.
The employee shall not be reimbursed for incidental expenses such as paper or
supplies, mileage, parking, meals, or other expenses other than tuition, fees, and
required textbooks.
E. Payback for Early Separation. In the event that an employee separates his/her
service with the City within the first year after reimbursement, the employee must pay
back one hundred percent (100 %) of the reimbursement If an employee separates
service within the second year after reimbursement, the employee must pay back fifty
percent (50 %) of the reimbursement This payback must be satisfied within one (1)
year of the employee's separation date. Failure to fully satisfy such obligation by the
former employee may generate an adverse recommendation in response to future
reference checks by prospective employers.
ARTICLE 35
TRAINING ASSIGNMENTS
Section 35.1 Compensation Any bargaining unit member who, when designated to serve in a
training capacity, where the training is substantial enough to require prior planning, preparation,
scheduling, and notice, shall be entitled to two (2) hours of compensatory time for each eight (8)
hours of training time spent with the trainee . In order for the training designation to be valid, it
must be issued at the Maintenance Supervisor level or above.
ARTICLE 36
ON -CALL STATUS /SHORT - NOTICE OVERTIME
Section 36.1 "On Call" Status Procedures and Assienment of Short Notice Overtime The
City agrees to offer overtime (Section 27.2) for other than non -short notice overtime activities
(Article 36) in accordance with the following:
64
Section 36.2 Short Notice Overtime and "On Call" - 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 call" 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 call" 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:
A. Offer of On -Call Status The City shall determine and post the dates, times and number
of personnel necessary to satisfy the City's needs for individuals to be placed in an on-
call status using On -call Sign -Up Sheet/s. On -call Sign -Up Sheet/s shall be displayed
no sooner than one (1) month prior to the period to be covered and will be removed no
sooner than one week (seven calendar days) prior to the on -call period. Postings will
cover no more than one (1) week at a time. The division shall post the sign up sheet for
a minimum of four (4) calendar days.
B. Work Units — Defined Work units are defined as follows:
• Fleet Maintenance
• Custodial Services
• Grounds Maintenance
• Facilities Maintenance
• Streets & Utilities
• Sign Shop
C. Duration of On -Call Status Employees serving in an "on- call" status shall serve in
such status for periods of seven (7) calendar days at a time.
D. Number of Positions to be Offered The number of positions to be posted by the City
for "on- call" status shall not exceed a total of twenty -five (25) for all work units
combined and no more than fourteen (14) from any one work unit This list will be used
for all short notice events outside of snow removal season. The Bargaining Unit shall fill
the list
E. The following procedure outlined in provisions one (1) through seven (7) below will be
used during snow removal season, which runs from November 15 April 15
1. The S &U snow removal shifts will be divided into an AM shift and a PM shift. The
AM shift will be from 12am to 12ym. The PM shift will be from 12pm to 12am.
This shift set -up will be used for Streets & Utilities and Mechanics.
2. There will be fourteen (14) people on the snow event "on- call" list from Streets &
Utilities. In addition the "on- call" list will also include the following breakdown of
bargaining unit emplovees: Five (5) Parks & Open Space, two (2) Mechanics, two
(2) Custodial and two (2) Sign Shop. Each work unit will maintain its own "on- call"
list
65
3. When the S & U "on call' list is not filled by S & U bargaining unit members, the
remaining vacant "on call' positions shall be filled by bargaining unit members (by
Job classification and work unit) that are qualified for snow and ice removal and
possess a Class A or B Commercial Drivers License.
4. The "on call' will run for 1 week and S & U, Custodial Services, Grounds.
Maintenance, Facilities Maintenance, and Sign Shop on call period starting at 7:00
AM on Tuesdav 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 -call week;
however, all work units shall have consistent on -call weeks and times middle on call
period must be seven days.
5. While on call within vour work unit you are not eligible to sign up for S & U snow
"on call". Assignments of AM & PM on call shifts will mirror the AM and PM snow
shifts.
6. To be eligible to be on call in S &U, emplovees must also be assigned to the
corresponding AM or PM S &U planned overtime assignment (Article 20.4-14 E
through E G).
For snow event situations the "on -call' list that will be used will be based on what shift is
listed for the time of the snow event necessitating the call -in. Of the fourteen (14)
bargaining unit members from the Streets and Utilities "on -call' list seven (7) bargair�
unit members must be from the AM shift and seven (7) bargaining unit members must be
from the PM shift.
If the need for overtime is initiated between 9 PM and 9 AM, then the AM on -call
personnel will be called to report to work. If the need for overtime is initiated between 9
AM and 9 PM, then the PM on -call personnel will be called to report to work.
F. Overtime Sign -Up Rankine for Planned Overtime Once the On -call Sign -Up
Sheets have been posted, those signing up on the sheet/s will be ranked for assignment
in the following order: Bargaining unit members (by job classification and work unit) on
the basis of seniority starting with the most senior member of the bargaining unit (by
classification and work unit) proceeding to the least senior member of the bargaining
unit (by classification and work unit), then to all other bargaining unit employees (by
classification) within the City, who can safely perform the work, and then to non
bargaining unit personnel who can safely perform the work. Should the Overtime Sign -
Up Sheets subsequently not be filled, bargaining unit members, from least senior
member to most senior member (within the classification and work unit for which the
planned overtime was initiated), shall be compelled to be placed on the Overtime Sign -
Up Sheet/s. Should the Overtime Sign -Up Sheet/s still not be filled, bargaining unit
members (by classification) who can safely perform the work shall be compelled to fill
the sheets in order of least to most seniority.
G. Assignment of Short Notice Overtime The following governs the assignment of short
notice overtime: short notice overtime will be assigned to those who are on the On -call
Sign -Up Sheet/s as a result of filling the sheet/s in accordance with Article 36, above.
66
Assignment will be made first to bargaining unit members (by job classification and
work unit) on the basis of seniority starting with the most senior member of the
bargaining unit (by classification and work unit) proceeding to the least senior member
of the bargaining unit (by classification and work unit), then to all other bargaining unit
members (by classification) and then to non bargaining unit personnel who can safely
perform the work . Should the overtime assignment subsequently not be filled,
bargaining unit members, from least senior member to most senior member (within the
classification and work unit for which the planned overtime was initiated), shall be
compelled to work the overtime assignment. Should the overtime assignment
subsequently not be filled, bargaining unit members, from least senior member to most
senior member (by classification), shall be compelled to work the overtime assignment.
Planned overtime shall be governed by Article 20.4.
H. Termination of Short Notice Overtime Because the parties agree to maximize the
opportunity for bargaining unit members to have priority to sign up for "on call' status
and to be assigned short notice overtime, all those called in for the short notice overtime,
including others, are permitted to work that overtime until the situation is resolved or
until he /she can be replaced by another employee of the appropriate work unit and
classification on their regularly assigned shift.
Section 36.3 "On -Call' — Communications The employer shall provide and maintain, at its
expense, the necessary communication device (pager, mobile phone, etc.) to those Bargaining
Unit members in an "on -call' status. In order to be in an "on -call' status and/or while in an "on-
call' status, the employee must be in the "coverage area" of the communication device provided
by the City.
Section 36.4 "On -Call' — Notification Those Bargaining Unit Members in an "on -call' status
will be notified of the need to fulfill a short notice overtime assignment via the communication
device provided per Section 36.3, above. The Employer will make the necessary notification by
"calling" (not two -way) the Bargaining Unit members in the "on -call' status by Division and
work unit by seniority. The Employer will call members from most senior to least senior. If a
member does not immediately answer when called, the employer shall go to the next most senior
member on the list and continue this process until the necessary numbers of members respond. If
not enough members respond after calling all members in the "on -call' status for that work unit,
the employer may either start at the top of the list again, then initiate calls to members of the
same work unit, not in an "on -call' status. Should the employer determine the "on -call' list does
not possess the appropriate skilled personnel to deal with a particular situation on hand, the
employer reserves the right to call in the appropriately trained personnel. Those in the "on -call'
status will still receive "on -call' pay.
Section 36.5 "On -Call' — Response Those Bargaining Unit members in an "on -call' status
shall verbally respond to a notification immediately upon receipt. Once the Bargaining Unit
member verbally responds, he /she must report to the Service Center within thirty-five (35)
minutes, under normal driving conditions. Failure to respond, verbally and/or physically, to a
notification while in "on -call' status will result in a forfeiture of his/her "on -call' pay for that
day. Failure to respond to a notification twice in one (1) seven (7) day period, while in "on -call'
status, may result in the Bargaining Unit member being barred from "on -call' status for no
longer than two (2) consecutive weeks.
67
Section 36.6 "On -Call" — Inability to Perform If a Bargaining Unit Member cannot meet the
obligation of the "on -call" status for which he /she has been selected, he /she must provide forty-
eight (48) hours notice to the "on- call" supervisor in advance. The Member will then not be paid
"on- call" pay for those hours not in an "on -call" status. Repeated requests from a Member to be
removed from "on- call" status may result in the Bargaining Unit member being barred from "on-
call" status for no longer than two (2) consecutive weeks.
Section 36.7 "On -Call" — Fit for Duty Bargaining Unit Members placed in an "on- call" status
must refrain from alcohol/drug consumption and activities, which may preclude him/her from
being fit to perform assigned work when responding to a notification. The following addresses
the issue of fitness for duty in relation to sick leave:
A. That should a member call in sick for his/her regularly scheduled shift on a day on
which he /she is serving in an on -call capacity, that member must call his/her on -call
Crew Leader by 3:00 p.m. (for all first shift employees) and by 9:30 p.m. (for all
second shift employees) that same day to advise the on -call Crew Leader regarding
whether he /she is still too sick to fulfill his/her obligation for that evening, if called
upon, or has recovered to the point he /she can successfully fulfill his/her obligation if
called upon. Should the member advise the on -call Crew Leader that he /she is fit to
fulfill his/her obligation for that evening, if called upon, he /she shall remain in on -call
status. Should the member advise the on -call Crew Leader that he/she is unfit to fulfill
his/her obligation if called upon, then he /she shall forfeit his/her on -call pay until
he /she has again returned to his/her regularly scheduled shift without illness.
B. That should a member advise an on -call Crew Leader (when calling in later that day)
that he /she is fit to fulfill his/her obligation that evening if called upon, and later that
evening, when called in, reports for work in an obviously unfit capacity due to illness (
i.e. vomiting, weakness), such that a reasonable on -call Crew Leader would have a
legitimate concern for the member's own safety, the safety of fellow members, or the
safety of the general public, the on -call Crew Leader may send the member home and
the member shall forfeit his/her on -call pay until which time he /she again reports for
his/her regularly scheduled day shiftwithout illness.
C. That should a member be on approved FMLA (Family and Medical Leave Act) Leave
(for his/her own serious health condition) for the time frame that overlaps with the time
a member is in on -call status, the member shall forfeit his/her on -call 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 -call
situations. Examples of such are as follows:
1. when a member has a scheduled Doctor of Dentist appointment during
that day; and
2. when a member is taking care of a sick family member.
Section 36.10 "On -Call" — Pay Bargaining Unit members in "on- call" status shall be
compensated at the rate of $1.05 per hour for those hours in "on- call" status outside the
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employee's normally scheduled work hours and when not in an overtime status. Bargaining unit
members will not be compensated for "on- call" status during lunch/dinner /meal break periods.
Further, hours in an "on -call" status do not constitute hours in paid status for purpose of
computing overtime. The calculation of hours worked for an employee in "on- call" status will
commence upon the employee speaking with the "on- call" supervisor and confirming that he /she
is responding to work until he /she "clocks out"
ARTICLE 37
EMPLOYEE INCENTIVE PROGRAMS/DISCOUNTS
Section 37.1 Employee Incentive Pro -rams. Members of the bargaining unit shall be eligible
for employee incentive programs (e.g. Personal Computer Purchase Program, Wellness Program
incentives /awards, etc.) offered to other non - bargaining unit employees of the City. Eligibility to
participate in these incentive programs and receipt of any awards through these programs shall
be governed by the written program rules, regulations, and requirements as approved by the City
Manager.
Section 37.2 Employee Discounts. Should Dublin City Council approve employee discounts in
the future, the City agrees to apply such approved employee discounts to bargaining unit
employees and non - bargaining unit employees alike. Likewise, any Council approved
modifications to present or future discounts will also be applied to bargaining unit employees
and non - bargaining unit employees alike.
ARTICLE 38
TRAVELIMILEAGE REIMBURSEMENT
Section 38.1 Reimbursement. Whenever an employee is authorized to engage in or to
undertake official business for the City, that employee shall be reimbursed for reasonable and
necessary expenses and travel. If practicable, the employee shall be allowed the use of a City
vehicle for travel. If not practicable, reimbursement for authorized use of a personal automobile
shall be at the standard rate per mile set by the Internal Revenue Service. The City Manager is
hereby authorized to establish and implement reasonable regulations regarding reimbursement
for expenses and travel.
ARTICLE 39
PROVISION OF MEALS UNDER
UNUSUAL, EMERGENCY OR SPECIAL CONDITIONS
Section 39.1 Provision of Meals. When employees are required by the City to work under
unusual, emergency, or special conditions (e.g. snow removal, traffic control for festivals and
special events, disasters, required City functions, etc.) where meal breaks would not be practical
or possible, the City shall provide meals to such employees. The City shall determine the
methodology, means, procedures, and maximum cost associated with providing such meals and
the City Manager shall establish reasonable regulations governing the provision of such meals.
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ARTICLE 40
REQUIRED LICENSES, REGISTRATIONS, OR
Section 40.1 Required Licenses, Registrations, or Certifications. Any costs /fees associated
with obtaining any Employer required licenses, registrations, or certifications, after appointment,
as listed in the City's job classification descriptions for
Maintenance Worker, and Auto Mechanic I (e.g. Commercial Driver's License, Public
Operator's Pesticide Application License, National Institute of Automotive Service Excellence
certifications) shall be paid by the Employer. In addition, reasonable effort shall be made by the
Employer to accommodate the need for employees to take any required examinations during the
employees' regular work hours.
ARTICLE 41
CLOTHING, EQUIPMENT, AND PERSONAL PROPERTY
Section 41.1 Shoe, and Glove and Carhart Allowance. All bargaining unit employees shall
be provided an allowance for the cost of steel -toed safety shoes, aad required gloves and Carhart
outerwear in an amount of $249 $450.00 per calendar year. Each bargaining unit employee shall
receive his or her allowance via separate check on the second regularly scheduled pay
distribution of each calendar year The Carhart outerwear must be brown/tan in color and must
be kept clean. When such outerwear is excessively worn, it must be discarded and replaced by
the employee. The City reserves the right to require outerwear that is excessively worn to be
replaced by the employee. It is the employee's choice on what type of outerwear is purchased.
Section 41.2 Prescription Safety Glasses. Once during the term of this Contract, the City will
provide prescription safety glasses, as needed and with proper supporting documentation, to
employees who are required to wear safety glasses in the performance of their job duties. The
cost to the City shall not exceed $12599.00.
Section 41.3 Damaged Personal Property. Prescription eye glasses, contact lenses, or
watches, which are damaged during the performance of the employee's assigned job duties, shall
be replaced by the City, except where the damage is due to the employee's fault, via a
reimbursement procedure, up to a maximum of seventy -five dollars ($75.00) in any calendar
year Requests for the replacement of the above named damaged personal property must be
submitted in writing to the Division Director, identifying the circumstances under which the
damage occurred as well as the type, brand name, model, value, and condition of the property
prior to the damage occurring, together with the damaged property. If such request is
subsequently approved, the employee shall be reimbursed for the purchase of replacement
personal property, as named above, which, in all respects, is substantially similar to that which
was damaged, up to the maximum value identified above, provided that the employee submits a
valid receipt identifying the type, brand name, model, dollar amount, etc. of the property
purchased as a replacement.
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ARTICLE 42
TOOL REPLACEMENTS/UPGRADES
Section 42.1 Amount The City shall pay for upgrades or replacements to each Auto
Mechanics hand -tool set in an amount not to exceed $800.00 per calendar year The City shall
pay reimburse the mechanic for such upgrades /replacements, up to such amount per calendar
year, in accordance
with the submission of a valid receipt documenting the purchase of such tools.
ARTICLE 43
DURATION
Section 43.1 Duration. All of the provisions of this Agreement shall become effective upon
execution by a representative of both parties, unless otherwise specified. This Agreement shall
continue in full force and effect for a term of three (3) years from September 1, 20910.
Section 43.2 Signatures. Signed and dated at Dublin, Ohio on or as of this the
day of
UNITED STEELWORKERS:
Leo Gerard, President USW
Fred Redmond, Vice President USW
Thomas M. Conway, Vice President USW
James English, Secretary Treasurer USW
Dave McCall, Director of District 1 USW
Billy Boyce, Sub- District Director USW
Timothy Underhill, Unit Chair USW
CITY OF DUBLIN:
Marsha I. Grigsby, Interim City Manager
David L. Harding, Director of HR
Paul L. Bittner, Labor Counsel
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