Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
74-98 Ordinance
RECORD OF ORDINANCES Dayton Legal Blank Co. Form No. 30043 74-98 Ordinance No______________________.__ Passed------------- ---- --19- -- AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT WITH THE UNITED STEELWORKERS OF AMERICA REGARDING WAGES, HOURS, TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES WITHIN THE MAINTENANCE WORKER, SIGN WORKER, AND AUTO MECHANIC I BARGAINING UNIT, APPROPRIATING FUNDS THEREFOR, AND DECLARING AN EMERGENCY. WHEREAS, the City of Dublin and the United Steelworkers of America have reached agreement regazding wages, hours, terms and conditions of employment for the Maintenance Worker, Sign Worker, and Auto Mechanic I bazgaining unit; and, WHEREAS, pursuant to the Collective Bargaining Act (Chapter 4117 of the Ohio Revised Code), funding for the economic provisions contained within the attached Collective Bargaining Agreement between the City of Dublin and the United Steelworkers of America must be approved by Council within thirty (30) days of introduction to Council; and, WHEREAS, the 1998 annual appropriations must be amended to provide adequate funding for the economic provisions contained within such Agreement; NOW, THEREFORE BE IT ORDAINED 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 regarding wages, hours, terms and conditions of employment for employees within the Maintenance Worker, Sign Worker, and Auto Mechanic I 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. ' n 3 That there be appropriated from the unappropriated balance in the GENERAL FUND the sum of Five Thousand Dollazs ($5,000.00) to Account No. 01-06-15-2110 to provide adequate funding for the economic provisions contained within the above referenced Agreement. Section 4• That there be appropriated from the unappropriated balance in the WATER FUND the sum of Three Thousand Two Hundred Dollars ($3,200.00) to Account No. 60-60-13-2110 to provide for adequate funding for the economic provisions contained within the above referenced Agreement. Section 5. That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public welfaze in that given the protracted nature of the negotiation process, it is in the best interest of the citizenry (from the standpoint of promoting and preserving labor peace within the community) to bring the collective bargaining process to closure as soon as possible. Passed this ~ day of 1998. ,~ IaJI - residing Officer ATTEST: I hereby certify that espies of this Oniinancellbriewtien-wow lily of Dublin in accordance with Secfron 731.25 of the Ohio li I in the Cade. C~t~- Clerk of Council Berk of Council, Dublin, Ohio t\per\ks flo~ce\wp61 brds\7498.wpd CITY OF DUBLIN Division of Human Resources & Procurement 5200 Emerald Parkway • Dublin, Ohio 43017-1006 Phone: 614-761-6500 • Fax: 614-761-2965 To: Members of Dublin City Council """~ From: Timothy C. Hansley, City Manager Date: July 2, 1998 Re: Collective Bargaining Agreement Between the City of Dublin and the United Steelworkers of America By: David L. Harding, Director of Human Resources/Procurement Memo Attached for your consideration is Ordinance No. 74-98 authorizing the City Manager to enter into a Collective Bargaining Agreement with the United Steelworkers of America regarding wages, hours, terms and conditions of employment for employees within the Maintenance Worker, Sign Worker, and Auto Mechanic I bargaining unit. Also attached for your reference is a copy of the Agreement itself, upon which tentative agreement has been reached, and a "highlights" page summarizing the key economic provisions of the agreement which differ from the existing provisions of the City Compensation Plan. The attached Agreement is the end result of a bargaining process which began in September 1997 and which consumed many hours of work by Staff in researching, analyzing, drafting proposals, and in negotiating the provisions in all thirty eight (38) articles comprising the Agreement. As you may recall from the "Labor Issues Update" memos in the Council packets over the past nine (9) months, this is an initial Collective Bargaining Agreement between the City and the United Steelworkers, which to a significant degree contributed to the length of time it took to complete negotiations. Several months of negotiation is not uncommon when no prior Agreement exists between the parties. Although the negotiation process was difficult and, from time to time, considerable philosophical disagreement arose between the parties, Staff believes the resulting Agreement is fair to both parties. Staff, therefore, recommends that this Agreement be funded and ratified. The attached Agreement, for the most part, contains substantially the same benefits provisions as those presently contained within the City's Compensation Plan and the City's other Collective Bargaining Agreements, which maintains parity between bargaining unit and non-bargaining unit personnel on a City- wide basis. The non-economic provisions contained within the attached Agreement are standard provisions found either in the City's other Collective Bargaining Agreements or the City's standing personnel rules, regulations, and policies. Page 2 The term of the attached Agreement is three (3) years from date of execution and, unless otherwise specified within the Agreement, all provisions of the Agreement are effective upon execution by both parties. With the exception of the wage structure identified a Section 23.1, which is effective 7anuary 1, 1998, all provisions of this new Agreement are effective upon execution. Please note that the attached legislation (Ordinance No. 74-98) amends the 1998 annual appropriations I`~ to provide the additional funding required to implement the economic provisions of the attached Agreement. Although substantial funding exists within the 1998 annual appropriations to cover the vast majority of the costs associated with these economic provisions, an additional $8,200.00 is required to fully fund the implementation of this new Agreement. Please also note that pursuant to the Collective Bargaining Act (Chapter 4117 of the Ohio Revised Code), Council must approve the funding for the economic provisions contained within the attached Agreement within thirty (30) days of introduction to Council. Although Council action would be required no later than thirty (30) days after introduction, Staffwould recommend that Ordinance No. 74-98 be adopted as emergency legislation at its first reading on July 6, 1998. Given the protracted nature of negotiation process, Staff believes that implementation of the Agreement as soon as possible would, from the standpoint of promoting and preserving labor peace within the community, be in the best interest of the citizens of Dublin. TCH/DLH/ksf Attachments k\peNcsftoffice\wp6lWchbrd7498mem CITY OF DUBLIN / UNITED STEELWORKERS OF AMERICA COLLECTIVE BARGAINING AGREEMENT (Maintenance Worker, Sign Worker, and Auto Mechanic I Bargaining Unit) * SUMMARY HIGHLIGHTS - KEY ECONOMIC PROVISIONS RATES OF PAY /WAGES (ARTICLE 23) Section 23.1 ("Wage Structure") establishes an eleven (11) step pay plan for the Maintenance Worker and Sign Worker job classifications ranging from a minimum of $25,000.00 at Step 1 to a maximum of $35,435.70 at Step 11 and for the Auto Mechanic I job classification, an eleven (11) step pay plan ranging from $25,800.00 at the minimum (Step 1) to $36,569.00 at the maximum (Step 11). (These pay plans and the mechanics involved with their administration are fundamentally different than the pay range/merit increase system found in the City Compensation Plan, which represents a significant shift philosophically from a strict merit-based system to an automatic step increase system). The pay plans in Section 23.1 are effective retroactive to January 1, 1998 and, as described in Section 23.1, a transition will occur effective January 1, 1998 that will convert all employees within the bargaining unit from the previous pay range/merit increase system to the new step system. This conversion will initially place employees at a given step from which further movement would occur in the step system. Following this initial conversion process, each employee would then move to the next step within his/her respective wage structure on his/her anniversary date of appointment in 1998. Key economic provisions which are new to employees of the bargaining unit or which represent major changes from the City Compensation Plan. It should be emphasized that other than Section 23.1 ("Wage Structure") and Section 23.7 ("Shift Differential"), the economic provisions contained in Article 24 ("Holidays"), Article 25 ("Personal Leave"), Article 26 ("Sick Leave"), Article 27 ("Hours of Work and Overtime"), Article 29 ("Vacation Leave"), Article 30 ("Medical, Dental, Vision, and Life Insurance"), Article 31 ("Injury Leave"), Article 32 ("Special Leaves"), Article 33 ("Training and Tuition Reimbursement"), Article 34 ("Employee Incentive Programs/Discounts"), Article 35 ("Travel/Mileage Reimbursement"), Article 36 ("Provision of Meals Under Unusual, Emergency, or Special Conditions"), and Article 37 ("Required Licenses, Registrations, or Certifications") are substantially the same as those presently provided to all other full-time union and non-union personnel of the City. Page 2 The primary characteristic of these new eleven (11) step pay plans in Section 23.1 is the 3.55% increment between steps. Under the normal step progression, as referenced in Section 23.3 ("Step Advancement"), an employee automatically advances from step to step through his/her respective structure on his/her anniversary date of appointment. (The pay range/merit increase system presently in place for non-union personnel allows for a maximum annual merit increase of up to 5% based solely on performance. The wage structure/step systems in Section 23.1 do not provide for an annual inflationary adjustment; an employee of the bargaining unit would only receive the 3.55% annual step increase. Although Section 23.1 represents a shift from a more flexible system driven strictly by merit, to a more rigid step system with automatic annual increases, the increases under the latter are smaller and the City has avoided an annual inflationary adjustment - a characteristic commonly found in some collective bargaining agreements.) The wage structures in Section 23.1 are competitive with the market for comparable positions in Central Ohio, which will assist the City with the recruitment and retention of employees within the job classifications comprising this bargaining unit. A wage/salary survey was conducted by Staff in which wage data was compiled and analyzed from 12 other Central Ohio cities. The results of this wage/salary survey revealed that the wage structures, as agreed to in Section 23.1, are competitive with the market yet within the City's pay philosophy of compensating non-exempt positions near the 60% percentile of the market.) Section 23.7 ("Shift Differential") establishes an hourly rate of $.25 to be added to the base hourly rate of pay for each hour worked by employees regularly assigned to second or third shift, when the majority of their hours worked fall between 5:00 p.m. and 6:45 a.m. (This is a new provision for employees within the Maintenance Worker, Sign Worker, and Auto Mechanic I classifications; such provisions, however, are not uncommon in collective bargaining agreements.) The purpose of shift differential is to provide an hourly supplement for the inconvenience of consistently working unusual hours. For purposes of comparison, the shift differential presently provided to Police Communications Technicians is .30/hour; Police Officers and Sergeants presently receive .60/hour.) T COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE UNITED STEEL WORKERS OF AMERICA 0 CONTRACT PERIOD: THREE YEARS FROM DATE OF EXECUTION OF CONTRACT TABLE OF CONTENTS ARTICLE 1-AGREEMENT ................................................. 1 Section 1.1 Agreement .................................................. 1 Section l.2 Purpose ....................................................1 Section 1.3 Severability ................................................. 1 +.. Section 1.4 Applicability ................................................ 1 ~w.. ARTICLE 2 -RECOGNITION ............................................... 1 Section 2.1 Recognition ................................................ 1 Section 2.2 Bargaining Unit ............................................. 1 ARTICLE 3 -DUES CHECKOFF/FAIR SHARE ................................ 2 Section 3.1 Dues Check Off .............................................. 2 Section 3.2 Fair Share .................................................. 3 ARTICLE 4 - NO STRII~/NO LOCKOUT ..................................... 3 Section 4.1 Employer Pledge ............................................. 3 Section 4.2 Union Pledge ................................................ 3 Section 4.3 Applicability of Grievance Procedure ............................. .4 Section 4.4 Employer's Right to Discipline .................................. .4 Section 4.5 Union Responsibility ......................................... .4 ARTICLE 5 -NONDISCRIMINATION ....................................... .4 Section 5.1 joint Pledge ............................................... .4 Section 5.2 Gender Reference ........................................... .4 ARTICLE 6 -MANAGEMENT RIGHTS ...................................... .4 Section 6.1 Management Rights ......................................... .4 ARTICLE 7 - LABOR/MANAGEMENT MEETINGS ........................... .6 Section 7.1 Meetings .................................................. .6 ARTICLE 8 -BARGAINING UNIT BUSINESS ................................ .7 Section 8.1 Unit Officials ............................................... .7 Section 8.2 Negotiating Committee ....................................... .7 ARTICLE 9 -GRIEVANCE PROCEDURE .................................... .7 Section 9.1 Definition/7urisdiction ........................................ .7 Section 9.2 Qualifications ............................................... .7 Section 9.3 Timeliness ................................................. .8 Section 9.4 Grievance Form ............................................. .8 Section 9.5 Grievance Procedure ......................................... .9 Section 9.6 Working Days .............................................. 10 ARTICLE 10 -WORK RULES .............................................. 10 Section 10.1 Work Rules .............................................. 10 ARTICLE 11-POLI'T'ICAL ACTIVITY ....................................... 11 Section 11.1 Political Activity ........................................... 11 ARTICLE 12 -PROBATIONARY PERIOD .................................... 11 Section 12.1 New Hires . ............................................... 11 ARTICLE 13 -EMPLOYEE ASSISTANCE PROGRAM ......................... 12 Section 13.1 Employee Assistance ....................................... 12 Section 13.2 Coverage Terms and Conditions ............................... 12 Section 13.3 Other Terms and Conditions .................................. 12 ARTICLE 14 -DRUG FREE WORKPLACE ................................... 13 Section 14.1 Purpose .................................................13 Section 14.2 Policy ................................................... 14 Section 14.3 Drug-Free Awareness & Employee Assistance .................... 15 Section 14.4 Criminal Convictions & Notification Requirement .................. 15 ARTICLE 15 -CONSUMPTION OF ALCOHOL ............................... 16 Section 15.1 Purpose .................................................16 Section 15.2 Policy ................................................... 16 Section 15.3 Alcohol Awareness & Employee Assistance ...................... 17 ARTICLE 16 -EMPLOYEE DRUG & ALCOHOL TESTING PROGRAM .......... 17 Section 16.1 Purpose of Testing ......................................... 17 Section 16.2 Terms and Conditions of Testing .............................. 18 Section 16.3 Drug and Alcohol Testing Procedures . .......................... 18 Section 16.4 Referral To Employee Assistance Program ....................... 19 ARTICLE 17 -USE OF PRESCRIPTION & "OVER THE-COUNTER" MEDICATION Section 17.1 Purpose .................................................19 Section 17.2 General Terms & Conditions .................................. 20 Section 17.3 Failure to Notify Supervisor .................................. 20 ARTICLE 18 -LAYOFFS .................................................. 20 Section 18.1 Layoffs ..................................................20 Section 18.2 Call-back ................................................ 20 ARTICLE 19 -MISCELLANEOUS .......................................... 21 Section 19.1 Agreement Copies .......................................... 21 Section 19.2 Bulletin Boards ............................................ 21 ARTICLE 20 -SENIORITY ................................................. 21 Section 20.1 Seniority ................................................. 21 Section 20.2 Application of Seniority ...................................... 22 ARTICLE 21-DISCIPLINE ................................................ 22 "~" Section 21.1 Discipline For Cause ........................................ 22 Section 21.2 Progressive Discipline ....................:::::: : :::::::::::. 22 Section 21.3 Pre-Disciplinary Conference ................ . 23 Section 21.4 Disciplinary Action Imposed ...... . ......................... 23 Section 21.5 Copy of Discipline Record .................................... 23 Section 21.6 Appeal ................................................... 23 ARTICLE 22 -PERSONNEL RECORDS ...................................... 23 Section 22.1 Personnel File ............................................. 23 Section 22.2 Retention of Records ....................................... 24 Section 22.3 Inaccurate Documents ...................................... 24 ARTICLE 23 -RATES OF PAY/WAGES ...................................... 25 Section 23.1 Wage Structure ............................................ 25 Section 23.2 Appointment and Advanced Step Hiring ......................... 26 Section 23.3 Step Advancement . ........................................ 26 Section 23.4 Application of Pay Rates. ................................... 26 Section 23.5 Longevity Pay. ........................................... 26 Section 23.6 Temporary Work Assignment/Pay Supplement . ................... 27 Section 23.7 Shift Differential . .......................................... 27 ARTICLE 24 -HOLIDAYS ................................................. 28 Section 24.1 Paid Holidays . ............................................ 28 Section 24.2 Dates/Days Observed . ...................................... 28 Section 24.3 Holiday Pay . ............................................. 28 ARTICLE 25 -PERSONAL LEAVE .......................................... 29 Section 25.1 Allocation & Usage of Leave . ................................ 29 Section 25.2 Payment for Unused Personal Leave Upon Resignation/Separation or Death . ..................................................29 ARTICLE 26 -SICK LEAVE ............................................... 29 Section 26.1 Sick Leave Accrual. ....................................... 29 Section 26.2 Use of Sick Leave. ........................................ 30 Section 26.3 Payment for Unused Sick Leave ................................ 31 Section 26.4 Sick Leave Transfer from Prior Public Employer. ................. 31 ARTICLE 27 -HOURS OF WORK AND OVERTIn~ ........................... 32 Section 27.1 Workweek . .............................................. 32 Section 27.2 Overtime. ............................................... 32 Section 27.3 Seventh Consecutive Day of Work . ............................ 32 Section 27.4 Call In Pay/Show-Up Pay. .................................. 32 Section 27.5 Compensatory Time . ....................................... 32 ,,,~„ Section 27.6 Payment For Accrued Compensatory Time Upon Separation. ........ 33 Section 27.7 Use of Compensatory Time . ................................. 33 ARTICLE 28 -REINSTATEMENT FROM CERTAIN PERSONNEL ACTIONS ..... 33 Section 28.1 Reinstatement from Resignation . .............................. 33 Section 28.2 Reinstatement from Military Service. .......................... 33 Section 28.3 Reinstatement from Authorized Leave . ......................... 33 ARTICLE 29 -VACATION LEAVE .......................................... 34 Section 29.1 Vacation Year. ........................................... 34 Section 29.2 Conditions for Accrual . ..................................... 34 Section 29.3 Vacation Accrual Schedule. ................................. 34 Section 29.4 Vacation Carry-Over . ...................................... 35 Section 29.5 Vacation Scheduling. ...................................... 35 Section 29.6 Rates of Pay for Vacation Hours. ............................. 35 Section 29.7 Payment for Accrued Vacation Leave Upon Resignation/Separation and Death. .................................................35 ARTICLE 30 -MEDICAL, DENTAL, VISION & LIFE INSURANCE .............. 35 Section 30.1 Medical, Dental, & Vision Benefits. ........................... 35 Section 30.2 Change in Carriers . ........................................ 36 Section 30.3 Life Insurance. ........................................... 36 ARTICLE 31-INJURY LEAVE ............................................. 36 Section 31.1 Injury Leave with Pay. ..................................... 36 ARTICLE 32 -SPECIAL LEAVES ........................................... 37 Section 32.1 Leave Without Pay. ....................................... 37 Section 32.2 Leave with Pay. .......................................... 38 ARTICLE 33 -TRAINING AND TUITION REIMBURSEMENT .................. 3 9 Section 33.1 Training . ................................................ 39 Section 33.2 Tuition Reimbursement. .................................... 40 ARTICLE 34 -EMPLOYEE INCENTIVE PROGRAMS/DISCOUNTS .............. 41 Section 34.1 Employee Incentive Programs . ................................ 41 Section 34.2 Employee Discounts . ....................................... 42 ARTICLE 35 - TRAVEL/MILEAGE REIlVIBURSEMENT ........................ 42 Section 35.1 Reimbursement . ........................................... 42 ARTICLE 36 -PROVISION OF MEALS UNDER UNUSUAL, EMERGENCY OR SPECIAL CONDITIONS ............ 42 Section 36.1 Provision of Meals . ......................................... 42 ARTICLE 37 - REQUIItED LICENSES, REGISTRATIONS, OR CERTIFICATIONS . 42 Section 37.1 Required Licenses, Registrations, or Certifications . ................. 42 ARTICLE 38 -DURATION ................................................. 43 Section 38.1 Duration. ............................................... 43 Section 38.2 Signatures. .............................................. 43 ARTICLE 1 AGREEMENT Section 1.1 Agreement. This Agreement is made and entered into at Dublin, Ohio by and between the City of Dublin, as Employer, also referred to as "Employer", and the United Steelworkers of America, also referred to as the "Union". Unless otherwise specified in this Agreement, no changes in this Agreement shall be negotiated during its duration unless there is written accord to do so by and between the parties. Any negotiated changes, to be effective and incorporated in this Agreement, must be in writing and signed by the parties. Section 1.2 Pau -pose. 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 Bazgaining 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 Annlicability. 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 regulaz full-time employees within the Maintenance Worker I and II, Sign Worker, Automotive Service Worker, Automotive Mechanic I classifications within the Division of Streets & Utilities and Division of Grounds & Facilities. .~ _~ _ .:~, W ~ . .Y The following employees are excluded from the bargaining unit: All Maintenance Crew Leaders, Automotive Mechanics II, Maintenance Supervisors, and all other managerial, supervisory, seasonal, casual, confidential, and professional employees as defined in the Ohio Collective Bargaining Act. References throughout this Agreement to bargaining unit members shall mean employees within this bargaining unit. ARTICLE 3 DUES CHECKOFF/FAIR SHARE Section 3.1 Dues Check Off. A. The Employer agrees to deduct Union membership dues, initiation fees, and/or assessments in the amount specified by the International Union from the pay of those employees who individually request in writing that such deductions be made. Upon receipt of the proper authorization, the Employer will deduct dues from the next payroll check following receipt of the authorization card. Dues shall be deducted from each payroll period, and the total amount of deductions shall be remitted each month by the Employer to the International Secretary-Treasurer of the Union at the address which he authorizes for that purpose. B. The authorization card may be submitted at any time and shall continue in effect until the annual anniversary date of this Agreement. An employee may cancel Union membership at any time, however, the revocation of the dues deduction authorization may only be canceled between the 40th and 30th calendar days prior to each annual anniversary date of this Agreement. Dues deductions authorizations not revoked during this ten (10) day period shall continue in effect for successive Agreement year(s). Written notice of the dues deduction revocation shall be served upon the Employer and the Union by the employee. C. The parties agree that neither the employees or the Union shall have a claim against the Employer for errors in the processing of deductions, unless a claim of error is made to the Employer in writing within thirty (30) days after such error is claimed to have occurred or was known to have occurred. If it is found that an error was made, it will be corrected in the following dues deduction. 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 2 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. ARTICLE 4 NO STRII~/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. 3 Section 4.3 Anolicability 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 NONDISCRIlVIINATION Section 5.1 point Pledge. The provisions of this Agreement shall be applied equally to all employees without regazd to age, sex, race, color, religion, political affiliation, disability or national origin. Section 5.2 Gender Reference. All reference to employees in the Agreement designate both sexes, and whenever the male gender is used, it shall be construed to include male and female employees. 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 bazgaining unit covered by this Agreement. Except where otherwise specifically limited by this Agreement, the City retains the right and responsibility to: 4 +~.. - Determine the size and composition of the work force, the organizational structure of the City and the methods by which operations are to be performed by City employees. - Manage the City's budgets, including but not limited to the right to contract or subcontract any work or operations of the City. However, the City will bargain over the effects, if any exist, of the decision to contract or subcontract out work. - Determine the nature, extent, type, quality, and level of services to be provided to the public by the City and the manner in which those services will be provided. - Determine, change, maintain, reduce, alter, or abolish the technology, equipment, tools, processes, or materials the City's employees shall use. - Determine job descriptions, procedures, and standards for recruiting, selecting, hiring, training, and promoting employees. - Assign work, subcontract or contract out work, establish and/or change working hours, schedules, and assignments as deemed necessary by the City to assure efficient City, Departmental or Divisional operations. - Direct and supervise employees and establish and/or modify performance programs and standards, methods, rules and regulations, and policies and procedures applicable to the City's employees. - Hire, evaluate, promote, retain, transfer (permanently or temporarily), assign (permanently or temporarily) employees. - Discharge, remove, demote, reduce, suspend, reprimand, or otherwise discipline employees for cause. - Lay-off employees, because of lack of work or funds or under circumstances where continued work would not be cost efficient, reasonable or effective. - Determine matters of inherent managerial policy which include, but are not limited to, areas of discretion or policy such as the functions and programs of the City, standards of services, its overall budget, utilization of technology, and organizational structure. - Maintain and improve the efficiency and effectiveness of the City's operations. - Determine the overall methods, processes, means, or personnel by which the City's operations are to be conducted. - Determine the adequacy of the work force. - Determine the overall mission of the City. - Effectively manage the work force. - Take actions to carry out the mission of the City. °"'~°" The rights and powers of the City (Employer) contained in this Article do not list or limit all powers, and the rights listed together with all other rights, powers, and prerogatives of the City, '"°' not specifically limited in this Agreement, remain vested exclusively in the City. ARTICLE 7 LABOR/MANAGEMENT MEETINGS Section 7.1 MeetinQS• In the interest of sound labor/management relations, upon request of either party, at a mutually agreeable date and time, not more than three (3) representatives of the Employer shall meet with not more than three (3) representatives of the bargaining unit to discuss pending issues and/or problems and to promote a more harmonious labor/management relationship. An agenda will be exchanged by the parties at least five (5) working days in advance of the scheduled meeting with a list of matters to be taken up in the meeting and the names of those representatives from each side who will be attending. All matters on the agenda requested by the parties to be discussed, will be discussed. The purpose of such meeting shall be to: - discuss the administration of this Contract; - discuss grievances which have been processed beyond the final Step of the Grievance Procedure, when such discussions are mutually agreed to by the parties; - disseminate general information of interest to the parties; - consider and discuss health and safety matters relating to employees; and - discuss any other items the parties mutually agree to discuss. 6 ARTICLE 8 BARGAINING UNIT BUSINESS Section 8.1 Unit Officials. The bargaining unit is authorized to select two (2) Unit Grievers and one (1) Unit Chairperson to conduct bazgaining unit business. (One Unit Griever shall represent employees within the Division of Streets & Utilities and one shall represent employees within the Division of Grounds & Facilities.) The Unit Grievers and Unit Chairperson, upon giving reasonable advanced notice, and upon receiving authorization from the Director of Grounds & Facilities or the Director of Streets & Utilities (whichever is applicable), shall be allowed reasonable time off during regular working hours to investigate a grievance, consult with the Employer in addressing labor/ management issues or in processing a grievance, or to assist in the settlement of a dispute. Permission to perform these functions shall not be unreasonably denied. Section 8.2 Negotiating Committee. On days where collective bazgaining negotiations between the Union and the Employer actually take place, not more than three (3) duly elected representatives from the bazgaining unit will be released from their regulaz job functions to attend such negotiation sessions, provided, however, that such attendance does not take any shift below minimum staffing levels (as determined by the Director of Service) nor creates an overtime obligation to the City. The Union will notify the Employer of the names of the representatives who will be serving on the negotiation team prior to the first negotiation meeting. Time spent by Union negotiation committee members to attend private work sessions of the Union negotiation committee shall not constitute hours worked or in paid status. No overtime obligation shall be incurred by the City as a result of any bargaining unit member attending work sessions or any other sessions related to negotiations. Time spent by bargaining unit members attending work sessions, negotiations, or any Union related business outside their scheduled shift, shall not constitute hours worked or in paid status. ARTICLE 9 GRIEVANCE PROCEDURE Section 9.1 Definition/Jurisdiction. The term "grievance" shall mean an allegation by the Union that there has been a breach, misinterpretation, or improper application of this Agreement. The grievance procedure shall not be used to affect changes in the Articles of this Agreement nor those matters not covered by the Agreement. The grievance procedure shall be the sole and exclusive remedy for resolving disputes between the parties. Grievances pertaining to suspension, removal, or termination shall automatically commence at Step 3 of the Grievance Procedure, and aze subject to Step 4, Arbitration. The only recourse for a suspension or termination is through the Grievance Procedure; no recourse shall be pursued through any other administrative procedure or board of review. Section 9.2 Q,~alifications. If the designated employer representative fails to answer a grievance 7 ,,~ ~ . ~ 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 maybe 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 j desires to file a grievance involving an incident affecting several employees in the same matter, ~° one employee shall be selected by the group to process the grievance with the appropriate Unit Griever. Each employee to be included in such grievance shall be named in the grievance. Any grievance that originates from a level above the first step of the grievance procedure may be submitted directly to the step or level from which it originates by mutual agreement of the Parties. Section 9.3 Timeliness. All grievances must be initially timely filed by the Union pursuant to the time limits set forth in Section 9.5, Step 1. Failure to file a grievance in a timely fashion will result in its denial and will bar the grievance from being processed further through the procedure. The Union may withdraw a grievance at any point by submitting in writing a statement to that effect, or by permitting the time requirements at any step to lapse without further appeal. Section 9.4 Grievance Form. All grievances shall contain the following information and will be filed using the grievance form mutually agreed upon by both parties: - the aggrieved employee's name and signature; - the aggrieved employee's classification; - date grievance was filed in writing; - date, time, and location where the incident or action upon which the grievance is based occurred; - a description of the incident or action giving rise to the grievance; - articles and sections of the Agreement violated; - desired remedy to resolve the grievance. Amendments to a grievance shall not be made, other than by mutual agreement of the Parties once a request for Arbitration has been submitted. Section 9.5 grievance Procedure. It is the mutual desire of the Employer and the Union to provide for prompt adjustment of grievances, with a minimum amount of interruption of the work schedule. The Employer and the Union agree to make a reasonable effort to effect the resolution of grievances at the earliest step possible. In furtherance of this objective, the following procedure shall be followed: Step 1-Division Head. In order for an alleged grievance to receive consideration under this procedure, the grievant, either alone or with the appropriate Unit Griever, if the former desires, or the Union in cases of policy or class action grievances, must identify, in writing, signed by the grievant and/or the Unit Griever, the alleged grievance to the affected employee's Division Head within ten (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 Division Head shall investigate and provide an appropriate answer in writing within ten (10) working days following the date on which the Division Head was presented the written grievance. If the grievance involves the employee's Division Head, the grievance may be filed directly at Step Two of the grievance procedure. Step 2 -Department Head. If the grievance is not resolved at Step 1, the grievance maybe forwarded to the employee's Department Head within five (5) working days of receipt of the Step 1 answer. The Department Head shall have seven (7) working days in which to schedule a Step 2 grievance meeting with the aggrieved employee and his Unit Griever and Unit Chairperson. The Department Head shall investigate and respond in writing to the grievance within seven (7) working days following the meeting. Ste~3=City Manager or Designee If the grievance is not resolved at Step 2, the appropriate Unit Griever may forward the grievance to the City Manager or his designee within seven (7) working days after receiving the Step 2 answer. The City Manager or his designee shall have ten (10) working days in which to schedule a meeting with the aggrieved employee, the Unit Griever, the Unit Chairperson, and a USWA representative. The City Manager or his designee shall investigate and respond in writing to the grievance within ten (10) working days following the Step 3 meeting. Sten 4 -Arbitration. If the grievance is not satisfactorily resolved at Step 3, the Union may make a written request that the grievance be submitted to arbitration. A request for arbitration by the Union must be submitted within thirty (30) calendar days following the date the grievance was answered or should have been answered at Step 3 of the grievance procedure. In the event that the grievance is not forwarded to arbitration by the Union within the time limits prescribed, the grievance shall be considered resolved and shall proceed no further. The Union shall request a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service (FMCS) and shall submit a copy of such request to the Employer. Upon receipt of the list of seven (7) arbitrators, the Parties shall meet to 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 9 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) calendaz 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 azbitrator 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 awazd within the Arbitrator's jurisdictional limitations. The awazd of the arbitrator will be final and binding upon both Parties. The arbitrator's awazd and th,e arbitration proceedings identified in this Article aze subject to the relevant provisions of Chapter 2711 of the Ohio Revised Code. All costs directly related to the services of the azbitrator shall be borne by the Party that loses the azbitration. Expenses of any witnesses shall be borne, if any, by the Party calling the witnesses. The fees of any court reporters shall be paid by the Party asking for same; such fees shall be split equally if both Parties desire a court reporter's recording of the proceedings. If a grievance is settled prior to a scheduled arbitration hearing, the Parties shall split the cost of any cancellation fees. An employee, Unit Griever, or Union officer requested to appeaz at the arbitration hearing by either Party, whose presence is necessary, shall attend without the necessity of a subpoena. Section 9.6 Working_D~ys. 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 particulaz 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 chazge by an employee that a work rule or Departmental/Divisional directive is in violation of this Agreement or has not been applied or interpreted uniformly to all employees, shall be a proper subject for a grievance. 10 ARTICLE 11 POLTITCAL ACTIVITY Section 11.1 Political Activity. In addition to other rights, as permissible by law: A. An employee is permitted outside the City of Dublin to actively participate in partisan political activity, provided that an employee undertakes such activity while off-duty, not in identifiable uniform, and does not represent that such activity is either undertaken in his official capacity as an employee or the Employer or is sanctioned by the Employer. B. An employee is permitted within the City of Dublin to exercise his/her rights as a citizen to express his/her personal opinions and to cast his/her vote. However, an employee shall not: 1. orally or in writing solicit or in any manner be concerned with soliciting any assessment, subscription or contribution of any type for any political party or political purpose whatsoever from any person holding a position in the service of the Employer; 2. make any contribution to the campaign funds of any candidate for a City of Dublin elective office for the actual or apparent purpose of influencing said persons or receiving favors of any nature from said persons; and, 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 120 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 75 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. 11 shall remain unaltered and use of the EAP shall not alter the responsibility of employees to maintain an acceptable level of performance or acceptable behavior/ conduct. D. EAP-related appointments scheduled during normal work hours shall be scheduled within the framework of the Employer's existing leave policies. Depending on the circumstances involved, one or more forms of leave may be appropriate to attend such appointments (i.e. sick, vacation, compensatory time, personal, etc.). Due to existing procedures requiring the employee to provide a reason to justify the use of sick leave, the employee may not wish to use said leave for such appointments, as providing a reason for the usage of said leave may disclose information the employee wishes to remain confidential. If the employee chooses to request sick leave, he or she is hereby advised that in providing a justifiable reason for sick leave usage, he/she is voluntarily disclosing information. Employees are hereby advised that if this is a concern, they should request another form of leave where providing a reason for said leave usage is not required (i.e. vacation leave, compensatory time, personal time, etc.), or seek to schedule EAP related appointments outside of normal work hours. Flexible appointment hours shall be made available to employees by the EAP provider. E. Supervisory personnel may encourage the use of the EAP, recognizing the fact that many job performance difficulties may be related to a personal problem. However, supervisory personnel shall refrain from diagnosing personal problems or recommending specific solutions other than referral to the EAP. F. Supervisory training is critical to the success of the EAP. In that regard, the Employer will provide supervisory training, to be scheduled at the discretion of the Employer, to enhance the knowledge of supervisory personnel concerning the proper methods to be used when dealing with an employee who is experiencing personal orwork-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 judgement 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 purnose• 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 13 ~. 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 work-place, to institute a drug awareness program for bargaining unit employees, and to notify employees of the types of rehabilitative help that maybe 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 Polio The Employer and the Union hereby agree that any location at which its business is conducted is hereby declared to be a DRUG-FREE WORKPLACE. This means that all employees, including supervisory personnel, are absolutely prohibited from unlawfully manufacturing, distributing, dispensing, possessing, or using controlled substances in the workplace. Reporting for work while under the influence of illegal drugs, or with any residual effects from illegal drug use (e.g. impaired judgement, sickness, impaired reflexes, etc.) is likewise prohibited. For purposes of this policy, an employee is considered to be "under the influence" of a drug or controlled substance when any amount of such drug or 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 & Erects. ") * 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 14 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). 14~ 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 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".) The Employer also agrees to provide supervisory training to assist supervisors in identifying illegal drug use by employees. In addition, the Employer further agrees to provide training to supervisory personnel regarding the proper procedures for handling incidents involving employees who they suspect may be under the influence of illegal drugs in the workplace. Section 14.4 Criminal Convictions & Notification Req.l~irement 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 15 =Ixl ~ ~ ~ ~ "> d n 7 Q 0 =~~~ ~~ 7 p lp ~.gg! ~ I7 ;d CI m m c ~I o I oa oa m fJ m 6~ O ~ © O (J m m m N N N N N N a a a 1 I I G ~ m^ m n c ~ ° ~ " ~ ~ o ^d o ] o n g ~ U u v Q v o p = ] p ~~ I I IDI I ~ ~ i!~ I OI~• 7 3~~ 11 I ~~c ~~~~p!~ ~ ~ ~ ~ ~Io.~ ~•N ~ , mI~ ~ ~ ~ ~I~~~ HIQ~o ~~ ~v ~i~ ~ ~ ~~• :~ :°' CIS; .n n CJ I - i - _ ` _ p C a G~ (J ~ - C 17 N 3 ~ -C ~ N ro ~~ O p N a O 4.~~i~'~.7 y n'9' ~ m ~ ~! iw NI d 7 7 IC.1 n N i N~ rJ ~p 0 ~~ ~v i~ H n I i N~ i _ ~m 7 ~ • ^ I m I i _ -~-~ne. ~ _ •~~I - >""o ~'' IRIS ~ 3•=~° s a°a_; ~ 'g.-,R ~. i i'~ S i ' i <3'~' c _ c I ~ _, 4 ,. h . 3 ~~ . 2S =~~: _ 9~1 s ~~ i _~g`a1 ~~ o i ~ ' ° u : 3 L. 'i i a ~ I i ' > I o o: ~ 0 3 .' I I 9 ~1 I i I - V C: I Z ~ ti . I ~ ~ ~ ^ ~ i p l ' N ~ I I I ~; 3$ ~ I , I y I _~• I ~ ~ I : x $ ; _ I 3 3~ I I i i I ~ I I ~ i I o • i i I I O O IO O O i i < < !~ >I< u ' O d I I 1 3,i > v;- (CnD I~n ~. ~'-S ~ O e _ " I n ~ = ~ n o ~ _ yT ~ ~ - O o 0 ° o m `vu w " i i ° - . ~o ,o a ~ _ ~ « !^1 _, o I I _ n ,O ~ I , ~ j Z C ~C IC 2 ' Z i I ~ '~ ~ ~ I~ 0 'o 0 0 .o '= 1 I ~ . ~ o ~~ io 0 0 7 7 7 7 IX X ~F '7 0 7 ' N ~ 0 d 7 ~ '~ 4 J p 7 7 i7 m m .N N .N N - '.O O O Q D' Q Q .Q ~ I •~ IG ( r t f ~ ~~ ~ ~ •~ , Ip ,_ I7 i7 I7 I I I I p G ~m I~ CIS ~S ~C IC C it 2 iS = ~ _ j~l i 2 I~ ~ i~ ~_ r ' 7 ~~' (~ 17 17 J _ _ ~ O t7 L7 L7 _ _ o O .O L7 L'J ' O I O 'O O O iW I ~ 10 ~ .'~ ICJ j I iJ 7 7 n Ii ~ O ip ! ! ~D, m- i I i ` I I t 1 ' o n n •n im m O ~~ :~ n ;n n io .n n n m ' N N N iN iN N i N N N :N N IN N N N N N N Q ~ m ~ I ~ i I I i i G O ~O IG ~ m N'N IN N if ~ A iA IA ~A I~ tr 1 CJ :J IU I r A ~ A I~ ~? .N W CD 'p OJ .-+ i W ~ N N ~ ~ IQ I Q ~ I i ~ i i m 10 i i I i sNSo'_N-oo i0=o>;_4_? + 4 4 ~4 4 •4 ~4 z = ° i i 4; 4 Y' I = - =i ~ ~ ~ i~ I I~ , ~ a ~ l p ='w ] r1 ] u QnnN - - o = N 3 n 3~ ] ~ ~~~ ~ ° < ~ ~ n o 1 u c o ~ G n c o o~ a G] ~ ~ o u ° ~ + ~ a c n 0 0 o ~ ~ ~ n ~ ~ o ~ n ~ o ~ ~ u v+ I ' m I O ~-.c O .O O mI~I~'a o. ~ v o m m'o .g 7;.~ yiol° o~ •m m: ~+ I c7o i ~'c a ' ' O i 07 v N I ~ n - !q' I7 -_ ~ _ I~ __ I - < _ - _ c ZIy~O° ~~°$~y~44n ~~S~~oa ,'~aQ~D~o Clem no >OON] ~ 9 ' i ~' S~ i ~ a " vl ~. p'I i ~ _4 I ~ ` 3 9,i Z ~' f ~ I i I ~ ~; ~ ~ 1 -~ I '' ~ g ai I I I I ' i I 1 ~ 1 I i I i I i "> D iD > 'Z ~! D !3 =~~7 '7 7 .O ''7 •7 av :u '0 7 =+ m ~a " ~ ~ ~ ~ L7 ca ~c s ^•m .n o ra m .R 'N ;N N ~N N •V ¢j ~ u m 'a ~1 I i .7 :7 i' _I ~_ I ~ ~ ~N .N C N N ~- I n ~ "a i c I c0 [' l0 tp 'O Ip L_ 7 I7' ~ S .~ .a .~ ~_ ~j ! ~ ;~~ I pl I I !J L'J L'] b .O IJ L r ~r ~ .m i ~ ~ ~ I i0 ~ I I I i i I I m 10 .n m O m fJ r N N jN N N N N ,L lI'I G W S W W W' W . C N N G7 ~Cl ~ ~ .m IC Q I A Ili i © i I I >:4;4=4_45?=434« 3~3Y3'3=.~x3'=aye a 'a a a as a«a I I ~.. . a I a I ~ nn v m o n° °o. H n ° ~ N o ~+ n U •' 7 o N ~ oo~H v ~ 0 um o .1go o _~ ,o, oo,° n ~ oo~,vr~ C7~ 4 CT ~ G O ' ~u ]~ i, p' Q~ Gv G 3~~O 3 Q~ N ~N - o ~~. m~~5 n urn] n vJV`~u£ -- c o > O . _p~~~ ~o ~~~ c nG, op J oo~~ ~o~o~~ ] g~~~~~2~ £ ] 3 c ~~~~? - ~ o J ~ nH°-R~ H c 3o °=a~ ~-`0Z - c. v~ 3 a r"DOg~ ~-]c -~ ~' O ,~( ~ ~ ' o f o ' C o u- - , d G ] N ~ a ~ --mac ° . 9 + S ~ A N ] G `° occurring. Failure to so inform the Employer shall subject the employee to appropriate disciplinary action including suspension or dismissal. The Employer reserves the right to offer employees convicted of violating a criminal drug statute in the workplace, participation in an approved rehabilitation or drug abuse assistance program. If such a program is offered, and accepted by the employee, then the employee must adhere to conditions with regard to the rehabilitation as a condition of continued employment. ARTICLE 15 CONSUMPTION OF ALCOHOL Section 15.1 Purnose• 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 imagelreputation 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 li 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 judgement, sickness, impaired reflexes, etc.), or where there is any evidence of alcohol consumption (e.g. odor of alcohol on the breath), is likewise prohibited. For purposes of this policy, an employee is considered to be "under the influence" of alcohol when the employee is found to be impaired by alcohol. (The Employer and the Union hereby agree that a blood alcohol content of 0.04% 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. 16 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. ' 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".) ~~ The Employer also agrees to provide supervisory training to assist in identifying the problems `°"` associated with alcohol abuse by employees. In addition, the Employer further agrees to provide training to supervisory personnel regarding the proper procedures for handling incidents involving employees who they suspect may be under the influence of alcohol in the workplace. 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 17 Employer and the Union hereby agree that employee drug & alcohol testing should be addressed within this Agreement. In that regard, the purpose of this Article is to establish the terms, conditions and procedures regarding the drug and alcohol testing of bargaining unit members. section 16.2 Terms and Conditions of Testing. The Employer and the Union hereby agree that all bargaining unit members, as a condition of this Agreement, shall be required to submit, upon request, to a urinalysis 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 awork-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. section 16.3 Drug and Alcohol Testing Procedures. Drug & Alcohol testing shall be conducted in the following manner: A. Employees judged to be under the influence of drugs and/ or alcohol shall be escorted to a designated testing laboratory after receiving approval from the City Manager or Director of Human Resources. After specimen collection, the employee shall be escorted home. Employees will not receive regular pay for the time they are sent home if found to be under the influence of drugs or alcohol. The employee shall be permitted to return to work after the test results have been received by the Employer, unless otherwise specified by the Employer. B. In screening for the presence of alcohol or drugs, the Employer shall use a generally accepted screening procedure. Whenever an employee is required to provide urine or blood for the screening procedure, the employee shall be required to provide two specimens at the time of col-lection in order to facilitate the screening procedure. 18 CITY OF DIIBLIN EMPLOYEE CONSENT TO DRIIG AND ALCOHOL TESTING I understand that in consideration for my continued employment with the City of Dublin, I must voluntarily consent to a urinalysis and/or blood test to detect the presence of illegal drugs or alcohol in my system. I also understand that I am subject to appropriate disciplinary action including suspension or dismissal, if the test results are positive, or if I refuse to sign this consent and thereby decline to be tested. I hereby knowingly and voluntarily consent to the City of Dublin's request and authorize them to conduct, through its designated medical examiner(s), a substance abuse urinalysis and/or blood test. In addition, I authorize the medical examiner(s) to release any and all information regarding the tests, including their results, to the City of Dublin and its representatives. I further release the City of Dublin, its officers, directors, employees, agents, representatives, from any and all claims, suits, causes of action, liability, and damages arising from my submitting to the tests and from the information obtained from the tests. Employee Witness Date Date I refuse to consent to a urinalysis and/or blood test. Employee Date Witness Date C. When such screenings aze performed, the threshold level for determination shall be established in accordance with generally accepted medical procedures and existing laws or regulations. D. In testing for the presence of illegal drugs and/or alcohol, the Employer shall submit the first specimen 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. ~,,, E. If both initial and verification (confirmatory) tests aze positive for an illegal drug and/or alcohol, the Director of Human Resources shall contact the employee. The employee must then decide whether or not he/she wishes the second specimen provided at the initial collection to be further tested by the Employer. If the employee so requests, then the second specimen shall be tested by the Employer using a second certified laboratory. F. If the employee does not request the screening of the second specimen after the initial specimen tests positive, or if the employee does request the testing of second specimen and it also tests positive for an illegal drug or alcohol, rehabilitative or corrective action shall be taken. Section 16.4 Referral To Employe 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 aze 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 yeazs. 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 Purnose• 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 19 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 judgement, job performance, and physicaUmental capabilities, shall advise their immediate supervisors of the medication being used and the possible effects (to the employee's knowledge) of such medication. Such notice should be given prior to the employee commencing work. The City will provide the form for such purpose. When an employee so notifies his/her supervisor, the supervisor shall temporarily reassign the employee to other duties which can be performed, if such duties are available. If such duties are not available, the supervisor shall authorize appropriate leave for the employee (i.e. sick, vacation, personal, comp time, etc.). Section 17.3 Failure to Notify Supervisor. The Employer and the Union hereby agree that if an employee works while taking medication legally prescribed by a physician, or purchased "over- the-counter", which causes the type of effects as those previously noted under Section 17.2, without notifying his supervisor, such employee shall be subject to the appropriate disciplinary action, if any, up to and including suspension or discharge. The Union acknowledges that the Employer may become aware of the presence of a legally prescribed or "over-the-counter" medication, referenced in Section 17.2, as a result of a drug/alcohol test administered to the employee pursuant to Articles 14, 15, and 16 of this Agreement. ARTICLE 18 LAYOFFS Section 18.1 L~yofls• 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 offunder such alay-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 20 Prescription or "Over-the-Counter" Medication Notification Form PART I -EMPLOYEE Name of Employee: Position: Date: Date & time this form presented to supervisor: (Date) (Time) Name of prescription or "over-the-counter" medication: Date said medication Length of time employee expects to be taking was purchased: said medication: Effects of said medication: PART II -SUPERVISOR Date & time this form received by supervisor: (Date) (Time) ( ) I have reviewed the information provided above and authorize the employee to commence normal duties. ( ) I have reviewed the information provided above and DO NOT authorize the employee to commence normal duties. I have assigned employee to other duties temporarily. ( ) I have reviewed the information provided above and DO NOT authorize the employee to commence work in any capacity. I have authorized appropriate leave for the employee. (Signature of Supervisor) (Date) (Time) off shall be called back to work and reinstated to the job classification they held before layoffwith 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 ofnon-availability or declination of re-employment, or any combination thereof. Call-back notification shall be provided to laid-off employees by certified mail addressed to the last known mailing address of said laid-off employees. It shall be the responsibility of the laid-off employees to keep the Division of Human Resources advised of their current mailing address. ARTICLE 19 MISCELLANEOUS Section 19.1 Agreement Copies. As soon as is possible following the signing of this Agreement, the Employer and the Union shall have printed sufficient copies of this Agreement. The actual cost of printing this Agreement, and any future printing beyond the copies specified herein in an amount the parties may later agree as necessary, shall be shared equally by the parties. The Union shall be responsible for distribution of copies to current members and the Employer shall be responsible for distribution of copies to new members who are hired during the term of this Agreement. Section 19.2 Bulletin Boards. The City shall provide reasonable space for one Union-provided bulletin board within the garage/shop areas within both the Division of Streets & Utilities and the Division of Grounds & Facilities. These bulletin boards shall be for the exclusive use of the Union to post notices and information related to Union affairs. 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 21 years/days of service. Continuous service shall be interrupted only when a "break in service" occurs. A "break in service" shall occur in the following instances: Resignation/Separation; RemovaUDismissal; Failure to return from an authorized leave of absence. aA•. As established in Section 20.1 (main paragraph above), seniority shall begin to accumulate on the date an individual becomes employed in a position within the bargaining unit; however, should ~. more than one (1) individual be hired on the same day, seniority preference will be determined by the individual's relative ranking in the selection process. An individual with a higher ranking shall always receive seniority preference over an individual with a lower ranking. A "break in service" shall not occur if an employee is reinstated due to the disaffirmance of removal or layoff. An employee who has a "break in service" and who is subsequently rehired or reinstated shall not receive continuous service credit for the time spent during the "break in service"; however, the employee shall receive continuous credit except for the period of time in which the "break in service" occurred. Section 20.2 ~nnlication of Seniority. "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. 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/DepartmentaUDivisional 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 ofd duty illegal conduct/behaviortyhere there is a reasonable nexus to the individual's employment with the City. Section 21.2 Progressive Disci line. 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: 22 A. Informal, oral reprimand; B. Formal, written reprimand which becomes part of the employee's personnel file; 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, dismissal, or other appropriate action, aPre-Disciplinary Conference shall beheld 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 Disci lire .nary Action Im on sed The Employer's decision regarding whether or not to impose disciplinary action shall be made within a reasonable period of time following conclusion of the Pre-Disciplinary Conference. 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 Anneal. 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 Crrievance 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 23 Federal and State Law and which shall be considered confidential. Where past disciplinary actions or allegations of misconduct are relevant to considerations of future disciplinary action or promotion, only those disciplinary actions of record contained in the personnel file shall be considered. An employee may review his personnel file at reasonable times in the presence of the Human Resource Director, or his designee, upon written request to the Human Resource Director. During the term of this Contract, each employee may obtain one copy of his entire personnel file at no cost. This copy shall be provided upon request from the employee and within a reasonable period of time. All other copies of documents shall be made available to the employee at a reasonable charge; all said copies shall be marked "Employee's Copy". Anytime a document is placed in the employee's personnel file, the employee shall be forwarded a copy of such document, with the exception of selection records and materials created prior to the employee's date of appointment (e.g. reference checks, criminal record checks, interview appraisal forms, etc.); such selection records/materials shall be made available for inspection of the employee upon request to the Human Resource Director. The confidentiality of matters contained in the personnel files shall be the responsibility of the Human Resource Director who shall release only such information permitted by law and then only to those persons with a legitimate right to the information, subject to the provisions of the Ohio Privacy Act, Ohio Public Record's Act, or other applicable Federal or State Law. In the event a legitimate request is made to inspect or obtain copies of records from an employee's personnel file, the City will make a reasonable attempt to notify the employee that such a request has been made. Section 22.2 Retention of Records. All actions of record, including appointment, evaluations, promotions, reprimands, dismissals, suspensions, will be maintained in each employee's personnel file throughout his period of employment. Record of documented oral reprimands will not be considered for purposes of future disciplinary action more than six (6) months after issuance provided that no repeated offense(s) of a same or similar nature have occurred within said six (6) months period following issuance. Record of written reprimands will not be considered for purposes of future disciplinary action more than one (1) year after issuance provided that no repeat offense(s) of a same or similar nature have occurred within said one (1) year period following issuance. Suspensions of less than thirty (30) days will not be considered for purposes of future disciplinary action more than three (3) years after issuance provided that no repeated offense(s) of a same or similar nature have occurred within said three (3) year period following issuance. In the event that a repeated offense(s) of a same or similar nature occurs during the appropriate time frame(s), the initial disciplinary action shall be considered for the duration of the time period for which the most recent documented disciplinary action will remain in effect for purposes of future disciplinary action. Section 22.3 Inaccurate Documents. If, upon examining his personnel file, an employee has reason to believe that there are inaccuracies in documents contained therein, he may write a memorandum to the Human Resource Director explaining the alleged inaccuracy. If the Human Resource Director concurs with the employee's contentions, he shall either correct or remove the 24 . 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 ~Yage Structure. Effective January 1, 1998 through the term of this Agreement, the following wage structure shall be in place for the Maintenance Worker and Sign Worker classifications: Step 1 - $25,000.00 Step 2 - $25,887.50 Step 3 - $26,806.51 Step 4 - $27,758.14 Step 5 - $28,743.55 Step 6 - $29,763.95 Step 7 - $30,820.57 Step 8 - $31,914.00 Step 9 - $33,047.67 Step 10 - $34,220.86 Step 11 - $35,435.70 Effective upon execution of this Agreement, but retroactive to January 1, 1998, each existing employee within the Maintenance Worker and Sign Worker classifications whose base annual compensation rate (prior to execution of this Agreement) falls between $20,000 and $22,999, shall be placed at Step 1 in the wage structure as indicated above. Thereafter, each existing ,.~, employee shall receive an annual step increase on his anniversary date of appointment (including any 1998 anniversary date). Effective upon execution of this Agreement, but retroactive to January 1, 1998, each existing employee within the Maintenance Worker and Sign Worker classifications whose base annual compensation rate (prior to execution of this Agreement) is $23,000 or greater, shall be placed one step above the step which would provide the employee with an increase. Thereafter, each existing employee shall receive an annual step increase on his anniversary date of appointment (including any 1998 anniversary date). Effective January 1, 1998 through the term of this Agreement, the following wage structure shall be in place for the Automotive Mechanic I classification: 25 Step 1 - $25,800.00 Step 2 - $26,716.00 Step 3 - $27,664.00 Step 4 - $28,646.00 Step 5 - $29,663.00 Step 6 - $30,716.00 Step 7 - $31,806.00 Step 8 - $32,935.00 Step 9 - $34,104.00 Step 10 - $35,315.00 Step 11 - $36,569.00 Effective upon execution of this Agreement, but retroactive to January 1, 1998, each existing employee within the Automotive Mechanic I classification shall be placed at the step closest to his existing wage rate which will provide an increase. Thereafter, each existing employee shall receive an annual step increase on his anniversary date of appointment (including any 1998 anniversary date). Section 23.2 Appointment and Advanced Ste Hiring The City Manager, when making appointments to either the Maintenance Worker, Sign Worker, or Automotive Mechanic I classifications, shall be authorized to recognize the overall qualifications of candidates in determining their placement within the wage structure. Section 23.3 Stern Advancement. Following the employee's initial appointment to a position within the Maintenance Worker, Sign Worker, or Automotive Mechanic I 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 Longgvi Pav. All employees shall receive, in addition to the annual base rates of pay established in Section 23.1, a longevity payment based upon completed years of service with the City according to the following schedule. The following schedule shall be effective upon the execution of this Agreement: 26 Completed Years of Service with the City of Dublin Am n Four (4) through six (6) yeazs $525.00 Seven (7) through ten (10) yeazs $675.00 Eleven (11) through fourteen (14) years $775.00 Fifteen (15) through nineteen (19) years $875.00 -~ Twenty (20) or more yeazs $950.00 Longevity pay shall be issued during the pay period in which the employee's anniversary date of appointment falls. In the event the employee wishes to receive his longevity pay on December 15th of each yeaz, he must deliver a memorandum directly to the payroll clerk, at least thirty (30) days prior to his anniversary date requesting such payment. 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. Any memorandum requesting a change in payment date shall remain in effect until otherwise requested, in writing, by the bargaining unit member. Section 23.6 Temporary Work Assignment/Pay Supplement. When an employee is designated to perform the duties of a higher level job classification for a period of more than five (5) consecutive work days, the employee shall be compensated at a rate of pay commensurate with that higher level job classification for all hours during which the employee performs such duties. The rate of pay shall be within the higher level classification's established pay range and shall be set either at the minimum of this higher level classification's pay range or at a point 10% greater than the employee's existing rate of pay, whichever is greater. However, this increased rate of pay shall not exceed the maximum of the higher classification's pay range. Section 23.7 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 second or third shift, where the majority of the hours constituting that shift fall between 5:00 p.m. and 6:45 a.m. Employees regularly assigned to such shifts, where the majority of hours fall between the above specified time parameters, shall be paid the shift differential rate for each hour of the shift. 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. 27 ~. Effective upon execution of this Agreement, and continuing through the term of this Agreement, the shift differential rate will be $.25/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 shall follow that designation. In the event aCity-observed 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. Section 24.3 Holiday Pav. A. If a holiday falls on an employee's regularly scheduled day off and the employee is not required to work the holiday, or if the employee is excused from work, the employee shall receive eight (8) hours of compensatory time at the straight time rate, provided that the employee was not absent without authorized leave on either the workday before or after the holiday. An employee on sick leave the workday before or after the holiday may be required to present a doctor's certificate in order to receive credit for eight (8) hours of compensatory time. B. When an employee works a holiday on his regularly scheduled workday, he shall be entitled to eight hours straight time pay plus time-and-a-half pay for all hours worked. C. When an employee works a holiday on his regularly scheduled day off he shall be entitled to eight hours straight time pay plus double time pay for all hours worked. 28 ARTICLE 25 PERSONAL LEAVE Section 25.1 Allocation & Usage of Leave. Effective January 1 of each year under this Contract, each employee shall receive thirty-two (32) hours (four (4) days) of Personal Leave. However, in the event an individual is appointed on or after November 1 of any given year under this Agreement, said individual shall receive one (1) day (eight (8) hours) of Personal Leave. In the event an employee is not in full pay status at the time personal leave is normally allocated to each employee, yet returns to full pay status at some point thereafter, the amount of that employee's personal leave allocation shall be pro-rated. For every pay period the employee has been in less than full pay status, 1.25 hours of personal leave shall be deducted from the normal thirty-two (32) hours annual allocation. Personal leave may be used by the employee provided that said leave is approved in advance by the employee's immediate supervisor or other appropriate administrative superiors. All personal leave must be used within the same calendaz 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 afirst-come-first-served basis. Section 25.2 Payment for Unused Personal Leave Qon Resignation/Separation or Death In the event that an employee is laid off from City service, said employee shall be compensated for all unused personal leave at the rate of pay in effect at the time of lay-off. In the event that an employee is terminated or resigns from City service, said employee shall also be compensated for all unused personal leave at the rate of pay in effect at the time of termination or resignation, with the exception that said employee will not be eligible for such compensation if said employee is terminated or resigns within his/her first six (6) months of employment. Furthermore, in the event that an employee resigns or separates service without providing at least ten (10) calendar days' written notice prior to his/her last working day, said employee shall forfeit his/her right to ,.~--. compensation for such unused personal leave. ARTICLE 26 SICK LEAVE Section 26.1 Sick Leave Accrual. All employees shall be entitled to sick leave with pay at the rate of 5.54 hours per pay period. Sick leave with pay shall accrue without limitation, with the exception that an employee shall earn the full sick leave accrual each pay period only if the employee is in full pay status for the entire period. In the event the employee is not in full pay status for the entire pay period, he shall accrue sick leave at the rate of .069 hours for each one (1) hour in full pay status during the pay period. New employees shall be granted a three (3) day sick leave "advance" upon the effective date of their appointment. However, no additional sick leave will be allowed to accumulate until the end of the third month of employment. 29 Section 26.2 Use of Sick Leave. Sick leave with full normal pay shall be granted for the following reasons: A. Actual illness or disability of the employee; B. Illness or disability of one or more of the employee's immediate family members, requiring the employee's personal care and attendance. Immediate family, for the purpose of this section, is defined as mother, father, spouse, son, daughter, step-son, step-daughter, legal guardian, or someone who stands in place of a parent. Bargaining unit members shall be permitted to petition the City Manager for usage of sick leave for illness of family members outside the definition of immediate family. The parties agree that the City Manager shall evaluate such requests and may, on a case-by-case basis, approve such requests, at his discretion. C. Enforced quarantine of the employee in accordance with community health regulations. D. Necessary appointments with physicians and dentists. E. Where injury leave has expired and the employee must be absent from work for an additional period. In order to qualify for sick leave payments, the employee must notify his supervisor not later than one-half ('/z) 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 30 . , _ ~ .. .__.a , . _ _ ~ ba - a to submit adequate proof of the necessity for sick leave, such leave shall be considered unauthorized leave and shall be without pay. If an employee is found to have abused this sick leave policy, he/she shall be subject to disciplinary action, including possible suspension or dismissal. In the case of pregnancy, the pregnant employee will be permitted to continue working as long as ,,,~ she is physically capable to do so with the approval of her physician and supervisor. "Physically Capable" shall mean the ability to satisfactorily perform the normal job duties of the position to ,,, which the employee is assigned, as determined by the City. If deemed necessary by the employee's administrative superiors, the employee must provide certification from a doctor of her choice that continued employment will not be detrimental to the employee's health. Vacation leave, personal leave, compensatory time, or approved leave without pay may be used to supplement sick leave when the latter is exhausted. All sick leave shall be requested by use of the established Leave Request Form. Absence for a fraction of a day that is chazgeable to sick leave in accordance with these provisions shall be charged proportionately in one-hour increments. Section 26.3 Payment for Unused Sick Leave. A. After at least ten (10) complete yeazs (i.e. 120 months) of continuous service with the City, an employee, who is laid off or who qualifies for retirement benefits under the State of Ohio's "Public Employees Retirement System", and actually retires from City Service, shall be entitled to receive payment for accrued, unused sick leave. The rate of pay for such unused sick leave shall be at the employee's straight time hourly rate of pay at separation multiplied by one-third (1/3) of the total number of accrued sick leave hours. Total payment under this provision shall not exceed 540 hours (67.5 paid days). In the event an employee dies while in the employ of the City, except as provided in paragraph (B) of this section, and the employee qualifies for retirement under PERS, his spouse, or secondarily, his estate shall be paid the aforementioned rate of redemption for accrued unused sick leave. B. If an employee is killed while performing his authorized, assigned job duties, his surviving spouse, or secondarily, the estate, shall be paid for one hundred percent (100%) of the value of the employee's accrued but unused sick leave, at the straight time rate in effect at the time of death. The amount so paid shall constitute payment in full for all accrued and unused sick leave credited to the employee. Section 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) yeazs of resignation/sepazation from the prior public Employer, and provided the City receives written verification of such prior service from the prior public 31 Employer. ARTICLE 27 HOURS OF WORK AND. OVERTIME Section 27.1 Workweek. The workweek normally consists of forty (40) hours based on five (5) consecutive eight (8) hour work days followed by two (2) consecutive days off. Section 27.2 Overtime. Employees shall be compensated at straight-time rates for all hours worked, as well as in paid status, except that all hours worked, or in paid status, in excess of forty (40) hours in any workweek shall be compensated for at a rate of time-and-one-half (1-1/2). No employee shall be paid for overtime work which has not been authorized by a supervisor. Except in emergency situations, the Division shall attempt to evenly distribute, as far as practicable, overtime to employees requesting same. Section 27.3 seventh Consecutive Dav of Work. When an employee is required by an appropriate supervisor to work on the seventh consecutive day within his scheduled work week, and the employee has actually worked the five (5) previous days plus a minimum of four (4) hours on the sixth (6th) consecutive day of work, that employee shall be compensated at the rate of doubletime for all hours worked on the seventh consecutive day. For purposes of this section, the seventh (7th) day shall be considered to start at 12:00 midnight and end at 11:59 p.m. Section 27.4 Call In Pay/Show-Up Pam When an employee is called in or scheduled in advance for work by an appropriate supervisor, and the employee reports for said work more than thirty (30) minutes after the completion of his shift, the employee shall be paid for a minimum of three (3) hours at the appropriate overtime rate or be credited with a minimum of three (3) hours of compensatory time at the appropriate overtime rate. ' Section 27.5 Compensatory Time. At the election of the employee, overtime may be compensated with compensatory time off in accordance with the provisions of the Fair Labor Standards Act. Such compensatory time off shall be equal to one and one-half (1-1/2) times or two (2) times, whichever may be applicable, for each one (1) hour of overtime worked. The maximum number of accumulated compensatory hours permitted in an employee's compensatory time bank, at any point in time, shall be two hundred forty (240). After an employee's maximum compensatory time bank has reached 240 hours, all additional overtime for such employee shall be paid at the appropriate overtime rate. If at the end of each calendar year (December 31,) the employee has 240 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 32 the end of the first pay period in the new calendar year. The cash conversion will then be paid in the form of a separate payroll check and shall be forwarded to the employee on the scheduled pay date at the conclusion of the second pay period in the new year. Section 27.6 Payment For Accrued Compensatory Time Upon Separation. An employee who has accrued compensatory time shall, upon the termination of employment for any reason, be ~. paid for the unused compensatory time at the rate of pay received by the employee at the time of separation. In the event of any employee's death, such compensation shall be paid to the ~,., employee's surviving spouse or, secondarily, his estate. Section 27.7 Use of Compensatory Time. Any request for compensatory time of more than eight (8) consecutive hours use shall be submitted at least seventy-two (72) hours in advance of its requested usage. The notice period may be waived in cases where circumstances make compliance impracticable. Requests for eight (8) or less consecutive hours use may be submitted with less than seventy-two hours' notice and may be approved, as scheduling and operational needs of the Division permit such usage. Compensatory time may be requested in multiples of one-quarter hours. ARTICLE 28 REINSTATEMENT FROM CERTAIN PERSONNEL ACTIONS Section 28.1 Reinstatement from Resignation. Any employee who voluntarily resigns his position within the bargaining unit, maybe reinstated to a full-time position within the same job classification from which he resigned if there is a need for his services within two (2) years after the date of resignation, subject to approval by the City Manager. If there is no vacancy at the time of request for reinstatement, the Human Resource Director shall place the name of said applicant at the top of the appropriate re-employment list for the remainder of the two (2) year period. Section 28.2 ~teinstatement 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. 33 1 ARTICLE 29 VACATION LEAVE Section 29.1 Vacation Year. The vacation year for employees shall end at midnight on December 31 of each year. !Section 29.2 Conditions for Accrual. Employees shall accrue vacation leave per pay period at ,,~,,,, the annual rate set forth in Section 29.3. In addition, an employee shall not earn his full vacation accrual in a given pay period unless he is in full pay status (i.e. on duty or on approved leave with pay) in the entire pay period. In the event an employee is not in full pay status during the entire pay period, he shall accrue vacation on a pro-rated basis taking into account the number of hours in full pay status during the pay period and his rate of accrual at that given time. The formula for pro-rating the employee's accrual under such circumstances shall be the number of hours in full pay status multiplied by the converted hourly accrual rate. An employee who has prior public service with any state government, or any political subdivision thereof, may receive credit for his prior service with such entity, for the purpose of computing the amount of his vacation leave with the City, if the nature of said service is relevant to the nature of his service with the City of Dublin. A new employee of the City with less than one (1) year of prior public service, as described under this Section shall not, within the first six (6) months of his employment with the City, accrue or use vacation leave and, during the remaining six (6) months of his first year of employment, said employee shall accrue and be entitled to use up to a maximum of 40 hours of vacation leave. A new employee of the City, with 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 29.3 Vacation Accrual Schedule. Each employee shall be entitled to vacation leave based upon the following vacation accrual schedule: Completed Years of Public Service Paid Vacation (Hours Per Year 0 - 1 Year 40 Hours 2 - 4 Years 108 Hours 5 - 10 Years 140 Hours 11 - 15 Years 168 Hours 16 - 20 Years 186 Hours 21 Years or More 216 Hours 34 Section 29.4 Vacation Carry-Over. An employee may carry over from one calendar year to another a maximum of 160 hours of vacation leave previously earned but not used. Section 29.5 Vacation Scheduling. 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 January of each year, the Division shall post a vacation schedule. Employees shall submit written requests for vacation leave by February 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. Section 29.6 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 29.7 Payment for Accrued Vacation Leave Upon Resignation/ enaration and Death• Employees are encouraged to utilize the vacation benefit for the purpose for which it is intended - e.g. rest, relaxation, travel, etc. Therefore, payment for accrued vacation leave in lieu of actual use shall not be approved, except when an employee resigns from employment with two weeks' notice, is terminated by the City, dies, or is laid off. In such cases where payment for accrued vacation leave is authorized in lieu of its actual use, the maximum amount of vacation for which the employee may receive payment shall not exceed one hundred sixty (160) hours. In the event of an employee's death, compensation for unused vacation leave shall be paid to the employee's surviving spouse or, secondarily, his estate. ARTICLE 30 MEDICAL, DENTAL, VISION & LIFE INSURANCE Section 30.1 Medical. Dental & Vision Benefits The City shall make available group 35 medical, prescription drug, dental, and vision benefits to all employees and dependents who meet the eligibility requirements of the plan. Said benefits will be made available with no contribution on the part of the employee other than the required deductibles, co-payments, co-insurance, and annual out-of-pocket maximum associated with the program. The plan design of this program shall be substantially the same as currently in effect. Section 30.2 Change in Carriers. If it becomes necessary to change carriers, and such change would affect the benefits under the plans, the Employer agrees to meet with representatives of the Bargaining unit prior to implementing the change in order to negotiate the impact of any proposed change. Section 30.3 Life Insurance. The City shall provide group term life insurance coverage in the amount of $40,000 for each employee with the full premium for said coverage paid by the City. ARTICLE 31 INJURY LEAVE Section 31.1 Injury Leave with Pam When an employee's absence from work is necessitated because of an illness or injury incurred while on the job with the City and said illness or injury is compensable under Ohio Worker's Compensation Law, injury leave shall be granted for a period not to exceed one hundred eighty (180) calendar days. Such leave shall be granted by the City Manager, or his designee, based upon the recommendation of the 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 anon-work-related illness or injury and is not compensable under Ohio Worker's Compensation Law. In order to be eligible for injury leave, the employee must report the illness/injury to his supervisor within three (3) work-days of the incident giving rise to the illnessrnjury. ,. 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 alimited-duty work program which will provide for the attempted placement of Divisional personnel who are unable to perform in their normal capacity. 36 ~,. ~, The limitations imposed on injury leave shall be considered as limitations on leave granted as a result of each incident of awork-related illness/injury, rather than limitations on leave to be granted in any one calendaz yeaz or other unit of time. ARTICLE 32 SPECIAL LEAVES Section 32.1 Leave Without Pav. Leave without pay may be granted, upon the approval of the City Manager, or his designee, if requested in writing by the employee. An employee on leave without pay shall not accrue sick leave or vacation benefits and, for non-medicaUnon-family leave situations or for the period beyond twelve (12) weeks of family or medical leave, the employee will also be required to pay 100% of the cost associated with maintaining his medical, dental, vision, and/or life insurance coverages if he wishes any or all of said coverages continued. Failure of any employee to report promptly at the expiration of such leave of absence shall be considered as a resignation. Leave without pay 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) yeaz 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. Maternity Leave. A maternity leave without pay may be granted to an employee without loss of seniority upon approval of the City Manager, or his designee. Extension of the leave may be granted for a period not to exceed one (1) yeaz, 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 often (10) calendar days per calendar year for labor contract administration and 37 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 32.2 Leave with Pav. Leave with pay shall be granted upon the approval of the City Manager, or his designee, to an employee in the following instances: ~- A. Court Leave. Leave with pay shall be granted to an employee in order that he may serve required jury duty or if he is required by law to appear in a case resulting directly from the .,~, discharge of his duties as a City employee. In such cases, all witness or jury fees shall be signed over to the City. B. Bereavement Leave. In the event of a death in an employee's family, the employee shall be entitled to up to three (3) consecutive paid work days for a funeral service and/or burial, charged against the employee's existing sick leave balance, and an additional two (2) days, also charged against sick leave, for such services out of state, if needed for these purposes. Additional days of sick leave may be approved by the City Manager, or his designee, on a "case-by-case" basis, given the merits of each particular set of circumstances. The family, for purposes of bereavement leave, shall include: spouse, son, daughter, brother, sister, parent, legal guardian, person who stands in place of a parent, grand-parent, grandchild, step-father, step-mother, step-brother, step-sister, step-son, step-daughter, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, grandparent-in-law, half brother and half sister, or any other relative living in the home of the employee. C. Military Reserve Leave. An employee 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 temporary leave of absence with pay for a period or periods not to exceed thirty (30) calendar days in any one (1) calendar year. An employee qualifying for paid military leave shall be paid his regular compensation less whatever compensation the employee may receive for such military service. D. Familv/Medical Leave (FIVILA Leavel. Pursuant to the Family and Medical Leave Act of 1993, FMLA leave may be granted to an employee who has been employed for at least twelve (12) months by the City and who has provided at least 1,250 hours of service during the twelve (12) months before the leave is requested. The leave may be granted up to a total of twelve (12) weeks during any twelve (12) month rolling period for the following reasons: • Because of the birth of a child or placement for adoption or foster care of a child; • In order to care for the spouse, son, daughter, parent, or one who stood in place of a parent of the employee, if such spouse, son, daughter, parent, or "in loco parentis" has a serious health condition; 38 Because of a serious health condition that makes the employee unable to perform his/her employment functions. The employee must provide the employer with thirty (30) days advance notice of the leave, if such leave is reasonably foreseeable, or such notice as is practicable if thirty (30) days notice is not possible. The employee must provide the employer with certification of the condition from a health care provider. The employer, at employer's expense, may require a second opinion on the validity of the certification. If this second opinion contradicts the first opinion submitted by the employee, a third opinion, at the employer's expense, shall be sought from a mutually agreeable physician, which shall be binding on both the employee and employer. An employee seeking FMLA leave must first use paid sick time (if applicable), vacation, personal leave, and compensatory time before going on unpaid leave. The total amount of family leave paid and unpaid will not exceed a total of twelve (12) weeks. In any case in which a husband and wife entitled to family leave are both employed by the City, the aggregate number of workweeks of leave to which both may be entitled may be limited to twelve (12) weeks taken because of the birth of a child or placement for adoption or foster care of a child. The employee will be responsible for his/her share of the health insurance cost (if any) during the unpaid leave. If the employee does not return from the leave, he/she is responsible for payment to the City of the monthly Single/Family rate paid by the City on behalf of the employee during the leave. The City may, at its sole discretion, waive the repayment of such amount. The City will be responsible for the 30 day plan costs under COBRA. It is intended that this Article comply with the Family and Medical Leave Act of 1993 and the City may promulgate policies in furtherance of the Family and Medical Leave Act that are not inconsistent with this Agreement. ,~.. E. h r Leave with pay may be granted by the City Manager, or his designee, for good and sufficient reasons which are considered to be in the best interest of the City, but only in the "~ event of extraordinary circumstances. ARTICLE 33 TRAINING AND TUITION REIMBURSEMENT Section 33.1 r inin 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 39 ~, __ , , __ _ wa~ _~. _ _ .~._ ..~,.-a~r~ shall be made to accommodate the training to the employee's regular work schedule. The Division shall endeavor to provide as much advanced notice as practical to employees regarding their training schedules. In that this training is awork-related duty, the employee shall receive all pay and benefits to which he is otherwise entitled during training. The expense for employees who aze required or requested to attend training schools, seminazs, 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 aCity-owned vehicle. Where overnight lodging is provided at the City's expense, an employee will only be reimbursed for mileage to and from the training facility on one occasion each way unless otherwise approved or directed by the Division Head. All other travel shall be considered to be non-work-related and non-reimbursable. Bus, train, or airfare at tourists rate will be provided for lengthy trips when travel is approved by the City Manager. D. Hotel or motel charges when lodging is not provided as a term of tuition payment. E. Hourly rates will be paid when schools or training are scheduled during regulaz 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 33.2 Tuition Reimbursement. A. Reimbursement Program. All employees of the bargaining unit may participate in the City's Tuition Reimbursement Program. Under this program, each employee shall be eligible for a maximum of Two Thousand Five Hundred Dollars ($2,500.00) in reimbursement per calendar year for fees and required textbooks, and courses of instruction voluntarily undertaken. Courses of instruction eligible for reimbursement under this program shall include courses necessary for job-related degree programs or courses of study not necessarily within ajob- related degree program but which are still job-related. In addition, only coursework provided by a recognized institution (e.g. college, university, community college, post secondary technical school, etc.) shall be eligible for reimbursement under this program. No 40 ~. reimbursement shall be approved for correspondence courses. B. Necessary Annroval. 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 approvaUdisapproval 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 approvaUdisapproval of said course- work/degree program on that basis. The City agrees that approval of coursework/degree program will not be unreasonably withheld. An employee may receive blanket approval for an entire degree program or a continuing course of study if all courses within the program are identified. If all or part of the program is approved, the employee need not reapply for approval for each course within the portion(s) approved. If all or part of the program/coursework is disapproved by the Director of Human Resources, the employee may appeal, in writing, said disapproval directly to the City Manager within 72 hours of notification from the Director of Human Resources. The City Manager will issue a written decision on the employee's appeal within five (5) working days of receiving said appeal. C. Course Attendance. Courses are to betaken 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. ARTICLE 34 EMPLOYEE INCENTIVE PROGRAMS/DISCOUNTS Section 34.1 Em~lovee 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. 41 Section 34.2 Employee Discounts. Should Dublin City Council approve employee discounts in the future, the City agrees to apply such approved employee discounts to bargaining unit employees and non-bargaining unit employees alike. Likewise, any Council approved modifications to present or future discounts will also be applied to bargaining unit employees and non-bargaining unit employees alike. ARTICLE 35 TRAVEL/MILEAGE REIMBURSEMENT Section 35.1 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 36 PROVISION OF MEALS UNDER UNUSUAL, EMERGENCY OR SPECIAL CONDITIONS Section 36.1 Provision of Meals. When employees are required by the City to work under unusual, emergency, or special conditions (e.g. snow removal, traffic control for festivals & special events, disasters, required City functions, etc.) where meal breaks would not be practical or possible, the City shall provide meals to such employees. The City shall determine the methodology, means, procedures, and maximum cost associated with providing such meals and the City Manager shall establish reasonable regulations governing the provision of such meals. Should an employee be directed by supervision to purchase a meal at a restaurant establishment, the cost of that meal shall not exceed $6.00. ARTICLE 37 REQUIltED LICENSES, REGISTRATIONS, OR CERTIFICATIONS Section 37.1 Required Licenses. Registrations or Certifications Any costs/fees associated with obtaining any Employer required licenses, registrations, or certifications, after appointment, as listed in the City's job classification descriptions for Auto Service Worker, Sign Worker, Maintenance Worker, and Auto Mechanic I (e.g. Commercial Driver's License, Public Operator's Pesticide Application License, National Institute of Automotive Service Excellence certifications) shall be paid by the Employer. In addition, reasonable effort shall be made by the Employer to accommodate the need for employees to take any required examinations during the employees' regular work hours. 42 ARTICLE 38 DURATION Section 38.1 Duration. All of the provisions of this Agreement shall become effective upon execution by both parties, unless otherwise specified. This Agreement shall continue in full force and effect for a term of three (3) years from date of execution. Section 38.2 Signatures. Signed and dated at Dublin, Ohio on or as of this th day of UNITED STEELWORKERS OF AMERICA: George Becker, President USWA Leon Lynch, Vice President USWA Richard Davis, Vice President USWA Leo Gerard, Secretary Treasurer USWA Frank Vickers, Director of District 1 USWA David L. Caldwell, Staff Representative USWA Terry Peterman, Committee Member Dave Blakesley, Committee Member Jim Corder, Committee Member CITY OF DUBLIN: Timothy C. Hansley, City Manager David L. Harding, Director of Human Resources/Procurement Robert D. Weisman, Labor Counsel t~pe~la tbf6celsrnicelinavitcort98 43 Memorandum of Understanding Between City of Dublin and United Steel Workers of America The following matters will be presented and discussed at Labor Management Committee meetings: a. Uniforms b. Emergency Call-In c. Bargaining Unit Work Restrictions SERB will provide assistance in structuring the operation of the Labor Management Committee. United Steel Workers of America City of Dublin Representative Date Date