92-01 OrdinanceRECORD OF ORDINANCES
Dayton Legal Blank. Co. Form No 0043
Ordinance No ..............................92-01..................... Passed .................................................................., .......................
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,
AUTO MECHANIC, AND CUSTODIAL WORKER
BARGAINING UNIT WITHIN THE DEPARTMENT
OF SERVICE, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin and the United Steelworkers of America have
reached agreement regarding wages, hours, terms, and conditions of employment for
employees within the Maintenance Worker, Sign Worker, Auto Mechanic, and
Custodial Worker bargaining unit within the Department of Service; 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 Untied
Steelworkers of America must be approved by Council within thirty (30) days of
introduction to Council:
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 in to 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, Auto Mechanic, and Custodial Worker
bargaining unit.
Section 2. That, as referenced in Section 1.4 of the attached Agreement, said
Agreement shall supersede and replace all applicable state and local laws, which it
has the authority to supersede and replace.
Sects That there be appropriated from the unappropriated balance in the
General Fund the sum of $48,000.00 to Account No. 101-0620-740-2110 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
General Fund the sum of $24,000 to Account No. 101-0621-710-2110 to provide
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 welfare in that the previous Collective
Bargaining Agreement has already been extended beyond the July 14, 2001
expiration date and it would, therefore, be in the best interest of all parties to
implement the successor Agreement at the earliest possible date. Therefore, this
Ordinance shall take effect and be in force immediately upon passage.
H:\HRPTEMPWDMRJISTRATNE ORDERS & ORDINANCESWDMIN ORD 92-OI.DOC
RECORD OF ORDINANCES
Ordinance No ................................................................... Passed .................................................................., .......................
Passed this~~ day of ~(%~,vt ~-, 2001.
~~
- Presiding Officer
ATTEST:
Clerk of Council
I hereby certi#y that copies of this Ordnance.rkesolutian were posted in th6
City of O~~iaiin in accordance w~t# Section 731.25 of the b6Fio Revised Code,
~- C r of Cauncit, Dublin, Ohia
H:\f H2PTEMPWDMINISTRATIVEQRDERS & ORDINANCESWDMIN ORD 92-OI.DOC
Office of the City Manager
5200 Emerald Parkway • Dublin, Ohio 43017-1006
Phone:614-761-6500 Fax:614-889-0740 Memo
..
To: Members of Dublin City Council
From: Timothy C. Hansley, City Manager
Date : August 8, 2001
Re: Proposed Collective Bargaining Agreement between the City of Dublin and the United
Steelworkers of America (Maintenance Worker, Sign Worker, Auto Mechanic and
Custodial Worker Bargaining Unit within the Department of Service)
By: David L. Harding, Director of Human Resources/Procurement ~-
Attached for your consideration, please find Ordinance No. 92-01 authorizing the City Manager to enter
into a new Collective Bargaining Agreement between the City of Dublin and the United Steelworkers
of America regarding wages, hours, terms and conditions of employment for employees within the
Maintenance Worker, Sign Worker, Auto Mechanic, and Custodial Worker bargaining unit. Also
attached for your reference is a copy of the proposed Agreement and a Staff Report summarizing the
most significant economic provisions of the Agreement.
The attached Agreement is the culmination of a three-month negotiation process, with most of the
progress occurring the last week of July. The tone of the negotiations at times was contentious,
however, these negotiations, for the most part, were respectful and businesslike in nature. Although
labor negotiations have a tendency to be adversarial in nature and involve a fair amount of posturing,
both parties were able to move past such obstacles, I believe, because of the trust relationship which
developed between the principals at the table.
The term of the attached Agreement is three (3) years from date of execution by both parties. The
assessment of Staff is that the Agreement is fair to both parties. Where economic increases were
granted, such were supported by the "comparables", both internal to the organization as well as those
in the external market. (These economic increases are noted in the attached Staff Report.)
Please note that pursuant to the Collective Bargaining Act (Chapter 4117 of the Ohio Revised Code),
Council must approve the funding for the economic provisions contained within the attached
Agreement within 30 days of introduction. However, Staff is recommending that the attached
Ordinance (92-01), in effect ratifying the Agreement, be adopted as emergency legislation. Given that
the previous Agreement has already been extended beyond the scheduled expiration date (July 14,
2001), Staff believes it would be in the best interest of all parties to implement the successor
Agreement at the earliest possible date.
8-8-O1
CITY OF DUBLIN
STAFF REPORT
Summary of Changes In
Economic Provisions -Collective
Bargaining Agreement Between
The City of Dublin and
The United Steelworkers of America
The intent of this report is to highlight the most significant economic changes when
comparing the proposed 2001- 2004 Agreement with the 1998 - 2001 Agreement. The
proposed 2001 - 2004 Agreement covers approximately 75 employees within the
Maintenance Worker, Sign Worker, Auto Mechanic and Custodial Worker Bargaining
Unit within the Department of Service.
ARTICLE 23 - RATES OF PAY/WAGES
Section 23.1 Wages -This section establishes the wage structure for each of the
classifications covered by the Agreement (Maintenance Worker, Sign Worker, Auto
Mechanic, Custodial Worker). For each classification, there is now a 7-step wage
structure as compared to the 11-step structure in the previous Agreement. (The number
of steps in each wage structure was a major issue for the Union and the external market
comparables dictated that an 11-step structure was not the norm.) The increase between
steps in each wage structure is 4% at steps 1 - 5; at steps 5 - 7, the increase is 5%.
Following initial placement into the appropriate step in each respective wage structure,
each employee would receive his/her next step increase on his/her anniversary date of
appointment.
Maintenance Worker/Sign Worker -New Step 1 ($30, 202.45) ranks Dublin
4th out of 14 cities (at the minimum of the pay structure) in the wage comparables.
(Dublin previously ranked 8th out of the same 14 cities.) New Step 7 ($38,954.19)
ranks Dublin 6th out of 14 Cities (at the maximum of the pay structure) in the
wage comparables. (Dublin previously ranked 11th out of the same 14 cities.)
The maximum of the new wage structure ($38,954.19) is 9.9% above the previous
maximum. Although 9.9% represents a significant shift upwards in pay structure,
which moves Dublin to a more competitive posture in the market, other cities in
the wage comparables will no doubt experience market adjustments within the
next 3 years. It is for this reason an adjustment to the wage structure of 2% will
occur in the second year and 4% in the 3rd year. In other words, these adjustments
in the 2nd and 3rd years of the Agreement are intended to keep pace somewhat
with the market over the 3 years of the Agreement.
Page 2
Auto Mechanic -New Step 1 ($31,284.47) ranks Dublin 6th out of 13 Cities (at
the minimum of the pay structure) in the wage comparables. (Dublin previously
ranked 12th out of the same 13 cities.) New Step 7 ($40,349.74) ranks Dublin Stn
out of 13 cities (at the maximum of the pay structure) in the wage comparables.
(Dublin previously ranked 10th out of the same 13 cities.) The maximum of the
new wage structure ($40,349.74) is 10.34% above the previous maximum.
Although 10.34% represents a significant shift upward in the pay structure, which
moves Dublin to a more competitive posture in the market, other cities in the
wage comparables will no doubt experience market adjustments within the next 3
years. It is for this reason an adjustment to the wage structure of 2% will occur
in the 2na year of the Agreement and 4% the 3ra year. In other words, these
adjustments in the 2na and 3ra years of the Agreement are intended to keep pace
somewhat with the market over the 3 years of the Agreement.
Custodial Worker -New Step 1 ($ 25,187.17) ranks Dublin 3ra out of 9 cities
(at minimum of the pay structure) in the wage comparables. (Dublin previously
ranked 6th out of the same 9 cities.) New Step 7 ($32,614.61) ranks Dublin 3ra out
of 9 cities (at the maximum of the pay structure) in the wage comparables.
(Dublin previously ranked 5th out of the same 9 cities.) The maximum of the new
wage structure ($32,614.61) is 5.13% of the previous maximum. 5.13% is a
moderate shift upward in wage structure; however, other cities in the wage
comparables will no doubt experience adjustments within the next 3 years. For
this reason, an adjustment to the wage structure of 2% will occur in the 2"a year
of the Agreement and 4% in the 3ra year. In other words, these adjustments in the
2„a and 3ra years of the Agreement are intended to keep pace somewhat with the
market over the 3 years of the Agreement.
Section 23.5 Longevity PaK -This section outlines the longevity payment schedule for
all 3 years of the Agreement. This schedule provides for an increase at each level with
the exception of the first level in the schedule (4 - 6 years of service). The 7 - 10 year
level will increase by $50 while the 11 - 14 year, 15 - 19 year, and 20 or more year
~" levels each increase by $75. Such increases establish consistency with the longevity
payment schedules in effect for other union and non-union personnel within the City.
Section 23.7 Shift Differential -This section provides fora 40¢ per hour increase in the
1St year of the Agreement and an additional 5¢ per hour increase in the 2na year. (Shift
differential is paid for employees regularly assigned to 2na or 3ra shift where the majority
of the hours constituting that shift fall between 5:00 p.m. and 6:45 a.m.) The 25¢ per
hour rate in the previous Agreement was set 3 years ago and was not a very competitive
rate. The new 65¢~er hour rate in the 1St year of the new Agreement, followed by 70¢
per hour in the 2° and 3ra years, establishes consistency with all other union and non-
unionpersonnel now receiving shift differential pay.
Page 3
ARTICLE 27 - HOURS OF WORK AND OVERTIME
Section 27.5 Compensatory Time -This section allows an employee the opportunity to
convert unused compensatory time to a cash payment at the end of each calendar year.
Under the new Agreement, employees can convert up to 50 hours of unused
Compensatory Time to cash if they have at least 160 hours of unused Compensatory
Time at the end of the calendar year. The previous Agreement allowed the employee to
convert 50 hours to cash if he/she had 240 hours in his/her Compensatory Time bank at
the end of the calendar year. (Staff views this provision as a mutually beneficial
arrangement in that it allows employees to obtain cash, at a lower threshold, for their
banked time while at the same time reducing time off as well as reducing future financial
liability to the City. (It is less expensive for the City to cash our compensatory time in
today's dollars as opposed to the future when the employee is earning a higher rate of
paY•)
ARTICLE 29 -VACATION LEAVE
Section 29.4 Vacation Accrual Schedule -This section provides for a minimal increase
in accrual rates beginning at the 5 - 10 years of service level. The accrual rate is
increased by 2 hours at each of the 5 - 10, 11 - 15, 16 - 20, and 21 or more year levels in
the accrual schedule. This accrual schedule is now consistent with the accrual schedules
in effect for all other union and non-union personnel within the City.
ARTICLE 32 -LEAVE DONATION PROGRAM
This entire Article is new to the Agreement. Although a new Article, it is identical to the
program in place within City Administrative Order 2.55.
ARTICLE 33 - MEDICAL, DENTAL, VISION & LIFE INSURANCE
Section 33.1 Medical. Dental, & Vision Benefit -This section provides fora $500
increase in the Orthodontics coverage. (Orthodontics coverage is based on a lifetime
maximum.) This $500 increase in Orthodontics coverage establishes consistency with
the coverage amount in place for all other union and non-union personnel within the City.
This section also provides for an increase in the schedule of allowances within the Vision
coverage for bargaining unit members. The plan design will not change; it remains an
80/20 plan (Plan covers 80% of costs, employee covers 20%). The Plan's schedule of
allowances will be increased by $15 for eye exams, $45 for frames, and $60 for lenses.
(The plan also remains unchanged in that the employee is entitled to one eye exam, one
Page 4
set of frames, and one set of lenses per calendar year). The previous schedule of
allowances has been in place since the City initially implemented the Vision Plan in
1991. Staff believes this previous schedule lags behind the market in today's terms.
These increases in allowances are inline with the norm in most plans administered by the
City's Third Party Administrator (MCA).
Section 33.3 Life Insurance -This section provides fora $10,000 increase in term life
insurance coverage for members of the bargaining unit. This increase establishes
consistency with the coverage amount presently in place for all other union and non-
unionpersonnel within the City.
ARTICLE 35 -TRAINING ASSIGNMENTS
Section 35.1 Compensation -This is a new provision, which provides for 1 hour of
compensatory time for each 8 hours spent by a bargaining unit member in a designated
training capacity. This provision is meant to address those instances where a bargaining
member takes the initiative to train other lesser experienced, primarily new employees in
the various operating procedures within their respective Divisions.
ARTICLE 36 - ON CALL STATUS
This is a new Article, which provides for a different method of having employees
respond to situations requiring immediate attention. As opposed to the present
arrangement, which involves 60 bargaining unit members carrying pagers in the event
their services are needed after hours, the City will now post the "on-call" opportunity for
those members who desire to work in such capacity and who are willing to be held
accountable for serving in such capacity. Only those members serving in this "on call"
capacity will be issued pagers. (Under the present arrangement, 60 members are required
to carry pagers.) This new arrangement should result in a dramatic reduction in pager
costs to the City (from approximately $5,300/year to $600/year) and greater
reliability/accountability in the workforce. (Those employees who desire to carry the
pagers and earn the additional overtime associated with serving in this capacity, will
declare interest through the application procedure. )
Page 5
ARTICLE 41 -CLOTHING
This is a new Article, which provides for reimbursement in the cost of purchasing steel-
toed safety boots in the amount not to exceed $115.00 per calendar year. (Reimbursement
for these boots was previously provided via City practice in an amount not to exceed
$85.00 per calendar year.) The previous boot reimbursement limit had been in place for
several years and was somewhat low compared to the norm.
ARTICLE 42 -TOOL REPLACEMENTS/UPGRADES
This is a new Article, which provides for a tool allowance in an amount not to exceed
$175 per calendar year for each Auto Mechanic. Presently there is no allowance in place
to permit the Auto Mechanics to upgrade their inventory of hand tools. The City
presently employs 4 Auto Mechanics and these individuals all have a personal financial
investment of between $25,000 - $40,000 in their own hand tools. To recognize the
personal investment these individuals have made in practicing their craft, Staff felt that a
$175 annual allowance towards upkeep/maintenance of the "tools of the trade" was fair.
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF DUBLIN
AND
THE UNITED STEEL WORKERS OF AMERICA
CONTRACT PERIOD:
THREE YEARS FROM DATE OF EXECUTION OF CONTRACT
TABLE OF CONTENTS
ARTICLE 1 -AGREEMENT ....................................................................................................... 1
Section 1.1 Agreement ......................................................................................................... 1
Section 1.2 Purpose .............................................................................................................. 1
Section 1.3 Severability ....................................................................................................... 1
Section 1.4 Applicability ..................................................................................................... 1
~., 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 STRIKE/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
Section 8.3 Bargaining Unit Leadership Training ...............................................................7
ARTICLE 9 -GRIEVANCE PROCEDURE ..............................................................................8
Section 9.1 Definition/Jurisdiction ......................................................................................8
Section 9.2 Qualifications ....................................................................................................8
Section 9.3 Timeliness .........................................................................................................8
Section 9.4 Grievance Form ................................................................................................8
Section 9.5 Grievance Procedure .........................................................................................9
Section 9.6 Working Days .................................................................................................10
0
ARTICLE 10 -WORK RULES .................................................................................................11
Section 10.1 Work Rules ..................................................................................................11
ARTICLE 11 -POLITICAL ACTIVITY .................................................................................11
Section 11.1 Political Activity ..........................................................................................11
ARTICLE 12 -PROBATIONARY PERIOD ............................................................................11
..........................................................................
'~°" Section 12.1 New Hires. .........................11
Section 12.2 Promotions .................................................................................................. 12
..........................................................................................
"""' Section 12.3 Lateral Transfers 12
ARTICLE 13 -EMPLOYEE ASSISTANCE PROGRAM ......................................................12
Section 13.1 Employee Assistance ...................................................................................12
Section 13.2 Coverage Terms and Conditions ..................................................................13
Section 13.3 Other Terms and Conditions ........................................................................13
ARTICLE 14 -DRUG FREE WORKPLACE ..........................................................................14
Section 14.1 Purpose .........................................................................................................14
Section 14.2 Policy ...........................................................................................................14
Section 14.3 Drug-Free Awareness & Employee Assistance ...........................................15
Section 14.4 Supervisory Training ...................................................................................16
Section 14.5 Criminal Convictions & Notification Requirement .....................................16
ARTICLE 15 -CONSUMPTION OF ALCOHOL ..................................................................17
Section 15.1 Purpose .........................................................................................................17
Section 15.2 Policy ...........................................................................................................17
Section 15.3 Alcohol Awareness & Employee Assistance ...............................................17
Section 15.4 Supervisory Training ..................................................................................18
.• ARTICLE 16 -EMPLOYEE DRUG & ALCOHOL TESTING PROGRAM .......................18
Section 16.1 Purpose of Testing .......................................................................................18
...
Section 16.2 Terms and Conditions of Testing .................................................................18
Section 16.3 Drug and Alcohol Testing Procedures .........................................................19
Section 16.4 Referral To Employee Assistance Program .................................................21
ARTICLE 17 -USE OF PRESCRIPTION & "OVER-THE-COUNTER" MEDICATION
Section 17.1 Purpose .........................................................................................................21
Section 17.2 General Terms & Conditions .......................................................................21
Section 17.3 Failure to Notify Supervisor ........................................................................21
ARTICLE 18 -LAYOFFS ..........................................................................................................22
Section 18.1 Layoffs .........................................................................................................22
Section 18.2 Call-back ......................................................................................................22
ARTICLE 19 -MISCELLANEOUS ..........................................................................................23
Section 19.1 Agreement Copies .........................................................................................23
Section 19.2 Bulletin Boards .............................................................................................23
ARTICLE 20 -SENIORITY ......................................................................................................23
Section 20.1 Seniority .......................................................................................................23
Section 20.2 Application of Seniority -Leave Requests ...................................................24
Section 20.3 Application of Seniority -Position Vacancies .............................................24
Section 20.4 Application of Seniority -Overtime Assignments ........................................24
Y.+. ARTICLE 21 -DISCIPLINE ......................................................................................................25
Section 21.1 Discipline For Cause .....................................................................................25
Section 21.2 Progressive Discipline ..................................................................................25
Section 21.3 Pre-Disciplinary Conference ...................................................
......................25
Section 21.4 Disciplinary Action Imposed ...................................................................... 26
Section 21.5 Copy of Discipline Record ............................................................................26
Section 21.6 Appeal ...........................................................................................................26
ARTICLE 22 -PERSONNEL RECORDS ................................................................................26
Section 22.1 Personnel File ...............................................................................................26
Section 22.2 Retention of Records ....................................................................................27
Section 22.3 Inaccurate Documents ..................................................................................27
ARTICLE 23 -RATES OF PAY/WAGES ................................................................................27
Section 23.1 Wage Structure .............................................................................................27
Section 23.2 Appointment and Advanced Step Hiring .....................................................31
Section 23.3 Step Advancement . ....................................................................................31
Section 23.4 Application of Pay Rates .............................................................................31
Section 23.5 Longevity Pay ..............................................................................................31
Section 23.6 Temporary Work Assignment/Pay Supplement .........................................32
Section 23.7 Shift Differential ..........................................................................................32
"'."" ARTICLE 24 -HOLIDAYS ........................................................................................................32
Section 24.1 Paid Holidays ...............................................................................................32
Section 24.2 Dates/Days Observed ...................................................................................33
Section 24.3 Holiday Pay ..................................................................................................33
ARTICLE 25 -PERSONAL LEAVE ........................................................................................33
Section 25.1 Allocation & Usage of Leave ......................................................................33
Section 25.2 Payment for Unused Personal Leave Upon Resignation/Separation or
Death ........................................................................................................................34
ARTICLE 26 -SICK LEAVE ....................................................................................................34
Section 26.1 Sick Leave Accrual ......................................................................................34
Section 26.2 Use of Sick Leave ..................................................................................:.....34
Section 26.3 Payment for Unused Sick Leave ..................................................................36
Section 26.4 Sick Leave Transfer from Prior Public Employer .......................................36
ARTICLE 27 -HOURS OF WORK AND OVERTIME .........................................................36
Section 27.1 Workweek ....................................................................................................36
Section 27.2 Overtime ......................................................................................................36
Section 27.3 Seventh Consecutive Day of Work ..............................................................37
Section 27.4 Call In Pay/Show-Up Pay ............................................................................37
Section 27.5 Compensatory Time .....................................................................................37
Section 27.6 Payment For Accrued Compensatory Time Upon Separation .....................37
Section 27.7 Use of Compensatory Time .........................................................................37
ARTICLE 28 -REINSTATEMENT FROM CERTAIN PERSONNEL ACTIONS ............38
Section 28.1 Reinstatement from Resignation ..................................................................38
Section 28.2 Reinstatement from Military Service ...........................................................38
Section 28.3 Reinstatement from Authorized Leave ........................................................38
ARTICLE 29 -VACATION LEAVE ........................................................................................38
Section 29.1 Vacation Year .............................................................................................. 38
Section 29.2 Conditions for Accrual ................................................................................. 38
Section 29.3 Prior Public Service Credit ......................................................................... 39
Section 29.4 Vacation Accrual Schedule .......................................................................... 39
Section 29.5 Vacation Carry-Over .................................................................................... 39
Section 29.6 Vacation Scheduling .................................................................................... 39
Section 29.7 Rates of Pay for Vacation Hours ................................................................. 40
Section 29.8 Payment for Accrued Vacation Leave Upon Resignation/Separation and
Death ............................................................................................................ 40
ARTICLE 30 -INJURY LEAVE ...............................................................................................40
Section 30.1 Injury Leave with Pay ..................................................................................40
ARTICLE 31 -SPECIAL LEAVES ...........................................................................................41
Section 31.1 Leave Without Pay .......................................................................................41
Section 31.2 Leave with Pay .............................................................................................42
ARTICLE 32 -LEAVE DONATION PROGRAM ....................................:.............................44
Section 32.1 Purpose ........................................................................................................44
Section 32.2 Definitions ....................................................................................................44
Section 32.3 Program Regulations ...................................................................................44
ARTICLE 33 -MEDICAL, DENTAL, VISION & LIFE INSURANCE ...............................48
Section 33.1 Medical, Dental, & Vision Benefits ...................................
..........................48
Section 33.2 Change in Carriers .......................................................................................48
Section 33.3 Life Insurance ..............................................................................................48
ARTICLE 34 -TRAINING AND TUITION REIMBURSEMENT .......................................48
Section 34.1 Training ........................................................................................................48
Section 34.2 Tuition Reimbursement ...............................................................................49
ARTICLE 35 -TRAINING ASSIGNMENTS ..........................................................................50
Section 35.1 Compensation .............................................................................................50
ARTICLE 36 - ON CALL STATUS ..........................................................................................51
Section 36.1 On Call Status ...............................................................................................51
Section 36.2 Assignment of Pagers ...................................................................................51
Section 36.3 Conflict Between Sections ...........................................................................51
~• ARTICLE 37 -EMPLOYEE INCENTIVE PROGRAMS/DISCOUNTS ..............................51
Section 37.1 Employee Incentive Programs ......................................................................51
Section 37.2 Employee Discounts .....................................................................................52
ARTICLE 38 -TRAVEL/MILEAGE REIMBURSEMENT ...................................................52
Section 38.1 Reimbursement .............................................................................................52
ARTICLE 39 -PROVISION OF MEALS UNDER
UNUSUAL, EMERGENCY OR SPECIAL CONDITIONS ..........................52
Section 39.1 Provision of Meals ........................................................................................52
ARTICLE 40 -REQUIRED LICENSES, REGISTRATIONS, OR CERTIFICATIONS ...52
Section 40.1 Required Licenses, Registrations, or Certifications ......................................52
ARTICLE 41 -CLOTHING .......................................................................................................53
Section 41.1 Shoe Reimbursement ...................................................................................53
ARTICLE 42 -TOOL/REPLACEMENT/UPGRADES ..........................................................53
Section 42.1 Duration .......................................................................................................53
~, ARTICLE 43 -DURATION .......................................................................................................53
Section 43.1 Duration .......................................................................................................53
.~ Section 43.2 Signatures .....................................................................................................53
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 Purpose. The purpose of the Agreement is to set forth all covenants between the
parties regarding the wages, hours, terms and conditions of employment for those employees
included in the bargaining unit identified herein.
Section 1.3 Severability. Should any part of this Agreement be held invalid by operation of law
by a tribunal of competent jurisdiction or by revision of the Ohio Public Employee Collective
Bargaining Act by the State Legislature, it shall be of no further force and effect, but such
invalidation of such point or provision shall not invalidate the remaining portions hereof and they
shall remain in full force and effect. In the event of invalidation, and upon written request by
either party, the parties to this Agreement shall meet within forty-five (45) days of receipt of the
written request, in an attempt to modify the invalidated provisions by good faith negotiations.
Section 1.4 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 regular full-time employees within the Maintenance Worker, Sign Worker,
Automotive Service Worker, Automotive Mechanic I, and Custodial Worker
classifications within the Division of Streets & Utilities and Division of Grounds &
Facilities.
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 ofthe Union at the address which he authorizes for that purpose.
B. The authorization card maybe 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 maybe 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 STRIKE/NO LOCKOUT
Section 4.1 Employer Pledge. The Employer agrees not to cause, permit, or engage in any
lockout of its employees during the term of this Agreement.
Section 4.2 Union Pledge. The Union agrees that neither it, its agents, representatives, nor any
of its members or any employees covered by this Agreement, individually or collectively during
the term of this Agreement, shall for any reason, cause, permit, or engage in picketing, a sit
down, a strike, a boycott, a stand in, a slow down, a work stoppage, curtailment or restriction of
production or interference or interruption of work or other interference with the Employer's
business or operation, including but not limited to a general strike, a sympathy strike, a slow
down or other interference or interruption of work of the employer's business or operation.
Section 4.3 Annlicability of Grievance Procedure. The Employer and Union agree that the
Grievance Procedure of this Agreement is adequate to provide a fair and final determination of
all grievances, arising under the terms of this Agreement. It is the desire of the Union and the
Employer to avoid strikes and work stoppages and any and all other conduct set forth above in
Section 4.2 of this Article.
~"" Section 4.4 Employer's Right to Discipline. In the event that any employee or group of
employees engages in any of the conduct described above in Section 4.2 during the term of this
`"""' Agreement, the Employer has the exclusive right to discipline, up to and including discharge, any
employee who engages or participates in such activities.
Section 4.5 Union Responsibility. The Union and its officers, agents, and members shall not
authorize, condone, ratify, permit, sanction or acquiesce in any of the activities described above
in Section 4.2 of this Article and, should any such activities occur, the Union, by its officers,
agents, and members, shall be obligated to take affirmative steps to terminate such activities
including but not limited to promptly ordering its members to resume their normal work duties,
notwithstanding the existence of any picket line. Should the employer experience any economic
loss as a consequence of any Union representative or member engaging in any activity prohibited
in Section 4.2 of this Article, the Union shall indemnify the City of Dublin for its economic loss.
ARTICLE 5
NONDISCRIMINATION
Section 5.1 Joint Pledge. The provisions of this Agreement shall be applied equally to all
employees without regard to age, sex, race, color, religion, political affiliation, disability or
national origin.
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
4
employees in the bargaining unit covered by this Agreement. Except where otherwise
specifically limited by this Agreement, the City retains the right and responsibility to:
- 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 Meetings. In the interest of sound labor/management relations, upon request of
either party, at a mutually agreeable date and time, not more than five (5) representatives of the
Employer shall meet with not more than five (5) 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 four (4) Unit Grievers and
one (1) Unit Chairperson to conduct bargaining unit business. One Unit Griever shall serve
employees in each of the following areas: facilities, grounds, custodial, streets/utilities/
~"" automotive. 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, not to exceed 10 hours per month, to investigate a grievance, consult with the
Employer in addressing labor/ management issues or in processing a grievance, or to assist in the
settlement of a dispute. The applicable Division Head may authorize additional time if the
Union presents proper justification supporting the need for such time. Permission to perform
these functions shall not be unreasonably denied.
Section 8.2 Negotiating Committee. On days where collective bargaining negotiations between
the Union and the Employer actually take place, not more than four (4) duly elected
representatives from the bargaining unit will be released from their regular job functions to
attend such negotiation sessions, provided, however, that such attendance does not take any shift
below minimum staffing levels (as determined by the 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.
Members of the Union negotiation team, as reported by the Union to the Employer, shall each
receive 16 hours per month of release time with pay to attend private work sessions of the Union
negotiation team, beginning no earlier than 3 months prior to the expiration of the existing
Agreement. No overtime obligation shall be incurred by the City as a result of any bargaining
unit member attending work sessions or any other sessions related to negotiations.
Section 8.3 Bargaining Unit Leadership Training. Each Unit Griever and the Unit
Chairperson shall receive 5 days of release time with pay per year to attend special leadership
"~ training sponsored by the Union. Furthermore, each Unit Griever and the Unit Chairperson shall
also be allowed an additional 5 days of unpaid leave per year, with no loss in seniority, for the
same purpose. The Unit Grievers and Unit Chairperson shall give their supervisors reasonable
advanced notice when attending such training.
7
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 are 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 Qualifications. If the designated employer representative fails to answer a
grievance or set or hold a meeting within the time limits prescribed by this Article, the grievance
shall automatically move to the next step except that the Union must serve an appeal to
arbitration within the time limits prescribed in Section 9.5, even if no response or answer from
the Employer is forthcoming. If the Union fails to appeal or submit a grievance to the next step
within the time limits prescribed herein, it shall be deemed denied and not further appealable.
The time limits set forth in this Agreement maybe extended by mutual written agreement of the
Parties.
A grievance maybe brought by any employee (with the Union's consent) covered by this
Agreement with the appropriate Unit Griever. Where a group of bargaining unit employees
desires to file a grievance involving an incident affecting several employees in the same matter,
one employee shall be selected by the group to process the grievance with the appropriate Unit
Griever. Each employee to be included in such grievance shall be named in the grievance.
,~-~ Any grievance that originates from a level above the first step of the grievance procedure maybe
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 may be
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.
Step 3 -City Manager or Designee. If the grievance is not resolved at Step 2, the appropriate
Unit Representative may forward the grievance to the City Manager or his designee within seven
(7) working days after receiving the Step 2 answer. The City Manager or his designee shall have
9
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.
Step 4 -Arbitration. If the grievance is not satisfactorily resolved at Step 3, the Union may
make a written request that the grievance be submitted to arbitration. A request for arbitration by
`~"' the Union must be submitted within thirty (30) calendar days following the date the grievance
was answered or should have been answered at Step 3 of the grievance procedure. In the event
~""" that the grievance is not forwarded to arbitration by the Union within the time limits prescribed,
the grievance shall be considered resolved and shall proceed no further. The Union shall request
a list of seven (7) impartial arbitrators from the Federal Mediation and Conciliation Service
(FMCS) and shall submit a copy of such request to the Employer. Upon receipt of the list of
seven (7) arbitrators, the Parties shall select an arbitrator. If the Parties are unable to mutually
agree on an arbitrator, an arbitrator will be selected by the Parties by alternative strike with the
Parties right to strike the first name being determined by a flip of the coin.
The arbitrator shall hold the arbitration hearing promptly and issue his decision within thirty (30)
calendar days after the closing of the record, unless mutually agreed otherwise by the Parties.
The arbitrator shall limit his decision strictly to the interpretation, application, or enforcement of
those specific articles and/or section of this Agreement in question. The arbitrator shall not have
the authority to add to, subtract from, modify, change, or alter any provision of this Agreement,
nor add to or subtract from or modify the language contained therein in rendering an award
within the Arbitrator's jurisdictional limitations. The award of the arbitrator will be final and
binding upon both Parties.
The arbitrator's award and the arbitration proceedings identified in this Article are subject to the
relevant provisions of Chapter 2711 of the Ohio Revised Code.
All costs directly related to the services of the arbitrator shall be borne by the Party that loses the
arbitration. Expenses of any witnesses shall be borne, if any, by the Party calling the witnesses.
~ The fees of any court reporters shall be paid by the Party asking for same; such fees shall be split
equally if both Parties desire a court reporter's recording of the proceedings. If a grievance is
settled prior to a scheduled arbitration hearing, the Parties shall split the cost of any cancellation
fees.
An employee, Unit Griever, or Union officer requested to appear at the arbitration hearing by
either Party, whose presence is necessary, shall attend without the necessity of a subpoena.
Section 9.6 Working Days. For the purposes of this Article, working days shall typically be
defined as Monday through Friday and shall exclude Saturday, Sunday, and recognized holidays,
except when a particular employee is regularly scheduled to work on days other than Monday
through Friday. Working days also mean the working days of the Party who is responsible for
initiating action or responding to a grievance at the appropriate step in the Grievance Procedure
10
ARTICLE 10
WORK RULES
Section 10.1 Work Rules. The Employer agrees that, to the extent reasonable, work rules, and
any changes thereto, shall be reduced to writing and provided to all employees in advance of
"" their enforcement. Any charge by an employee that a work rule or Departmental/Divisional
directive is in violation of this Agreement or has not been applied or interpreted uniformly to all
"`"°" employees, shall be a proper subject for a grievance.
ARTICLE 11
POLITICAL ACTIVITY
Section 11.1 Political Activity. In addition to other rights, as permissible by law:
A. An employee is permitted outside the City of Dublin to actively participate in partisan
political activity, provided that an employee undertakes such activity while off-duty, not in
identifiable uniform, and does not represent that such activity is either undertaken in his
official capacity as an employee 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,
3. become actively involved in the elective process or campaigns for any City of Dublin
elective office.
ARTICLE 12
PROBATIONARY PERIOD
Section 12.1 New Hires. Every newly hired employee shall be required to successfully
complete a probationary period, which shall begin on the employee's effective date of
11
appointment with the Employer and shall continue for a period of 95 calendar days. A
probationary employee shall be retained beyond the end of the probationary period and granted
regular status only if the performance of the employee, in the sole discretion of the City
Manager, has been found to be satisfactory. A probationary employee maybe 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 maybe extended, but only for valid reasons, only upon
approval of the City Manager, and then only for a maximum of 65 calendar days. If the
probationary employee's probationary period should indeed be extended, and the employee is
subsequently disciplined or terminated, the probationary employee shall have no recourse
through the Grievance Procedure.
12.2 Promotions. Should an employee be promoted to a different job classification within the
bargaining unit, with a higher pay range, the employee shall serve a 30 day probationary period.
Under certain circumstances, the probationary period maybe extended, but only for valid
reasons, only upon the approval of the City Manager, and then only for a maximum of 65
calendar days. Should the employee be disciplined or deemed unsuitable for that position by the
City during the initia130 day probationary period, for performance reasons, the employee will be
returned to a position in the classification he/she occupied prior to the promotion.
12.3 Lateral Transfers. Should an employee be transferred to a position within a different job
classification, with the same pay range, the employee shall not be required to serve in any
probationary period.
ARTICLE 13
EMPLOYEE ASSISTANCE PROGRAM
Section 13.1 Employee Assistance. The Employer and the Union recognize that a wide range
of personal difficulties/problems in the lives of employees may affect work performance and that
most personal difficulties/problems can be successfully resolved provided they are identified and
referred to an appropriate source of assistance. The Employer and the Union therefore agree that
it would be in the best interest of the Employer, its employees, and employees' immediate family
members that a formal Employee Assistance Program (EAP) be provided by the Employer to
assist employees and said family members in dealing with a wide range of personal
difficulties/problems. The Employer and the Union recognize that this range of personal
difficulties/problems may include mental, emotional, financial, family, marital, employment-
related stress, drug abuse, alcoholism, legal, elder care/ aging, spiritual, career, illness/disability,
or other such difficulties/problems. The purpose of the EAP shall be to help employees and
members of their immediate families deal with the kinds of difficulties and problems identified
above by linking them with resources that can provide appropriate help; to reduce job
performance problems; and to retain valued employees. When an employee or a member of
his/her immediate family is experiencing a problem, whether or not such a problem affects the
12
employee's job performance, the employee and/or immediate family members are strongly
encouraged to seek assistance through the EAP.
Section 13.2 Coverage Terms and Conditions. Under the coverage terms of the EAP,
employees and/or members of their immediate families shall each be entitled to unlimited
assessment and referral and a maximum of three sessions per problem, at no cost to the employee
or family member, for problems amenable to short term counseling intervention. Employees
and/or family members are encouraged to access available benefits, as provided by the
Employer's medical benefits program, for counseling/treatmentheyond the three session limit.
0
Section 13.3 Other Terms and Conditions. The Employer and the Union agree that:
A. Participation in the EAP shall be strictly voluntary. However, employees and their
immediate family members who have problems they feel may affect their health, well-being,
and/or the employee's job performance, are encouraged to contact the EAP.
B. Employees and their immediate family members shall receive an offer of assistance to help
resolve such problems in an effective and confidential manner by the EAP provider
consistent with federal and state law. No information concerning the nature of individual
personal problems will be released without proper written consent.
C. Nothing in this Article of this Agreement shall be interpreted as constituting a waiver of the
Employer's responsibility to maintain discipline or its right to take appropriate disciplinary
action in accordance with established disciplinary procedures. Normal disciplinary
procedures shall remain unaltered and use of the EAP shall not alter the responsibility of
employees to maintain an acceptable level of performance or acceptable behavior/ conduct.
D. EAP-related appointments scheduled during normal work hours shall be scheduled within the
framework of the Employer's existing leave policies. Depending on the circumstances
involved, one or more forms of leave maybe 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 maybe related to a personal problem. However, supervisory
personnel shall refrain from diagnosing personal problems or recommending specific
13
solutions other than referral to the EAP.
F. Supervisory training is critical to the success of the EAP. In that regard, the Employer will
provide supervisory training, to be scheduled at the discretion of the Employer, to enhance
the knowledge of supervisory personnel concerning the proper methods to be used when
dealing with an employee who is experiencing personal or work-related problems.
""~ G. The Employer shall reserve the right to contract, at its sole discretion, with the company/
organization of its choice that will, in the 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 Purpose. The Employer and the Union hereby agree that illegal drugs in the
workplace are a danger to us all. They impair health, safety and welfare, promote crime, lower
productivity and quality, and undermine the public confidence in the work we perform as public
servants. Therefore, the Employer and the Union will not tolerate the illegal use or illegal
presence of drugs in the workplace.
In addition, the Employer and the Union understand that, pursuant to the federal Drug-Free
Workplace Act, in order for the Employer to be considered as a recipient for federal grants, it
must comply with several requirements mandated by the Act. One of these requirements
mandates that the Employer publish a policy prohibiting the illegal presence of controlled drugs
in the workplace and that this policy be distributed to all employees. In addition, the Act
requires the Employer to verify that all employees have agreed to abide by the policy as a
condition of continued employment.
The purpose of this Article is to publish a formal policy regarding illegal drugs in the workplace,
•~ to notify bargaining unit employees of the consequences of illegal use, possession, distribution,
manufacture, etc. of controlled drugs in the work-place, to institute a drug awareness program for
bargaining unit employees, and to notify employees of the types of rehabilitative help that may
be offered by the Employer. This Article shall be applicable to all employees of the bargaining
unit and the bargaining unit hereby understands that this Article shall be strictly enforced by all
supervisory personnel.
Section 14.2 Policy The Employer and the Union hereby agree that any location at which its
business is conducted is hereby declared to be a DRUG-FREE WORKPLACE. This means that
all employees, including supervisory personnel, are absolutely prohibited from unlawfully
manufacturing, distributing, dispensing, possessing, or using controlled 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
14
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
'W"' Employer officials.
The following constitutes a partial list of controlled substances: (For a more detailed listing and
explanation of controlled substances, please consult the attached listing entitled "Controlled
Substances -Uses & Effects.")
* Narcotics (heroin, morphine, etc.)
* Cannabis (marijuana, hashish)
* Stimulants (cocaine, diet pills, etc.)
* Depressants (tranquilizers)
* Hallucinogens (PCP, LSD, "designer drugs", etc.)
The Union understands that compliance with this policy shall be strictly enforced and shall be a
condition of continued employment. The Union also understands that any employee violating
this policy shall be subject to appropriate disciplinary action which may include suspension or
dismissal.
The Union hereby understands that they may also be subject to appropriate disciplinary action for
engaging in off duty, illegal conduct/behavior unbecoming a City employee emanating from the
use of illegal drugs which detracts from the image or reputation of the City as an organization or
which erodes the public confidence in the City as an organization (e.g. disorderly conduct,
assault, fighting, criminal menacing, disturbing the peace, OMVI, etc., or other criminal acts).
Section 14.3 Drug-Free Awareness & Employee Assistance. Bargaining unit employees have
a right to know the dangers of drug abuse in the workplace, the policy regarding such drug abuse,
and what help is available to combat drug problems. This Section of this Agreement is intended
to address this matter.
The Employer agrees to offer an awareness program for all bargaining unit employees on the
dangers of drug abuse in the workplace. Posters, brochures, and appropriate guest speakers at
periodic group meetings will communicate information to employees.
In addition, to assist employees in overcoming drug abuse problems, the Employer will offer the
following rehabilitative help where applicable:
15
*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".)
Section 14.4 Supervisory Training. 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 maybe under the influence of illegal
drugs in the workplace.
Section 14.5 Criminal Convictions & Notification Requirement. The Union hereby
understands that pursuant to the provisions of the Drug-Free Workplace Act, any employee
convicted of violating a criminal drug statute in this workplace must inform the Employer of
such conviction (including pleas of guilty and nolo contendere) within five (5) days of the
conviction occurring. Failure to so inform the Employer shall subject the employee to
appropriate disciplinary action including suspension or dismissal.
The Employer reserves the right to offer employees convicted of violating a criminal drug statute
in the workplace, participation in an approved rehabilitation or drug abuse assistance program. If
~...
such a program is offered, and accepted by the employee, then the employee must adhere to
conditions with regard to the rehabilitation as a condition of continued employment.
16
:. `
~
S
O
~Q
s ~Iwl
v m
m
3 m
~'
Q
C ~
w m
w c
~~
N m
v~~l
- ~ L ~ . ~
N I -i
__
_ _ C
C 1= i- C ~ ~ C C
m m m m o m m m m m m m m m m m m m m m m m m m m m m m a
N N N N N N N N N N N N N N N N N f/1 N N N N N N N N N N 4.
m
N N N N C p p C Oo aD. N N N N~ A A I A A~ ut C~ W W W W W 4
A A ~+ ~ m w~ N N A A A A N do OD ao co ~ co ~ N~ O~ m~ 01 d
N N A
m m m
_ $e d e
ggp~(qp5~~ y?oB ~c Sqq3 Sx~ -~+F a°yN u'i ~' ~°m
~m ~ _a3 ~.~ 03 431 ~ow~'~'1 m^ ~_~
So. ~~w Nw~mm w~~;g °O-~5~~~ 01 ~~~~m
1~ ~ ~' ~o~ va ~1 r.'o
Q ~ 9 N Q qq C C~ O j~ O
O ~ m Nf~9y O C =
C ~~
N m ~ ~. ~ N
{p
pp'~ ~i,t o $$~ 5 Fat ~ e N
~me. ~ov',°m' ~<c3my ~i3'g.~cw3•~~'°-' 7~o3i~3~5.0£
Q ~ Q p m m Q c ~•$ C 5. a w~ 3~ S d- ~ m
m OJ ~y ~~~ m Na~,~j m y)t;~r
~ ~ ~~ ~ A~~ ~ m N ~ w ~ `i2
O ~
N ~
41
= O`G ~` 40 00 ~m N1 j ~ ,G
`~= ~ ~ 2oF~
mpg' ~~
Q1 . N
a ~ °' ~ ~
I; I
I
i Q ~ ~ m w ~ Q 3
_ m
P _S ~ _a C m ~ Z G
v 3
n w
o ~
m w
m ~
a w
g ~
m
vmi m ~
m g, N W _
7 N I ~
^
ARTICLE 15
CONSUMPTION OF ALCOHOL
Section 15.1 Purpose. In the interest of maintaining a safe and productive working
environment for all City employees, protecting the public health, safety, and welfare, upholding
~* the public confidence in the work performed by City employees, and upholding the
organizational image/reputation of the City, the Employer and the Union hereby agree that a
policy concerning the use of alcohol by bargaining unit employees should be addressed within
'~""" this Agreement. The purpose of this Article, therefore, is to provide the terms and conditions of
such policy.
The Union hereby understands that this policy shall be applicable to all bargaining unit
employees and shall be strictly enforced by all supervisory personnel.
Section 15.2 Policy. The Employer and the Union hereby agree that all employees, including
supervisory personnel, are strictly prohibited from consuming alcohol while on duty. In
addition, reporting for work while under the influence of alcohol, with any residual effects of
alcohol consumption (e.g. impaired 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 0.02% will be used as the standard for impairment.)
Furthermore, all employees are also prohibited from consuming alcohol during their designated
lunch break or meal period and while off duty anytime said employees are in City uniform or are
wearing any apparel which distinguishes themselves as employees of the City of Dublin.
The Union hereby understands that any building, facility, structure, property, etc., or contents
thereof (i.e. employee lockers, offices, desks, etc.), owned or leased by the Employer, shall be
subject to unannounced inspection at any time by appropriate supervisory personnel and City
officials.
„~
The Union likewise understands that compliance with this policy shall be strictly enforced and
that any employee violating this policy shall be subject to appropriate disciplinary action which
may include suspension or dismissal.
The Union further understands that they may also be subject to appropriate disciplinary action for
engaging in off-duty, illegal conduct/behavior unbecoming a City employee emanating from the
use of alcohol which detracts from the image or reputation of the City as an organization or
which erodes the public confidence in the City as an organization (e.g. disorderly conduct,
assault, fighting, criminal, menacing, disturbing the peace, OMVI, etc., or other criminal acts).
Section 15.3 Alcohol Awareness & Employee Assistance. Bargaining unit employees have a
right to know the dangers associated with the use or abuse of alcohol and what help is available
17
to combat the problems associated with alcohol use or abuse.
The Employer agrees to offer an awareness program for all bargaining unit employees on the
dangers associated with alcohol use or abuse. Posters, brochures, and appropriate guest speakers
at periodic group meetings will communicate information to employees.
In addition, to assist employees in overcoming alcohol abuse problems, the Employer will offer
the following rehabilitative help where applicable:
* Medical benefits for alcohol-abuse treatment
* Information about community resources for assessment and treatment
* Employee Assistance Program
The Union hereby understands that where rehabilitative assistance is offered by the Employer
and agreed to by the employee, failure of the employee to adhere to conditions with regard to the
rehabilitative program may result in appropriate disciplinary action including suspension or
dismissal.
Medical benefits for alcohol abuse treatment, as mentioned above, shall be limited to those
covered by the Employer's medical plan. (For further information on the medical benefits for
alcohol abuse treatment, refer to the City of Dublin "Employee Benefits Handbook".)
Section 15.4 Supervisory Training. The Employer agrees to provide supervisory training to
assist in identifying the problems associated with alcohol abuse by employees. In addition, the
Employer further agrees to provide training to supervisory personnel regarding the proper
procedures for handling incidents involving employees who they suspect maybe under the
influence of alcohol in the workplace.
ARTICLE 16
EMPLOYEE DRUG & ALCOHOL TESTING PROGRAM
Section 16.1 Purpose of Testing In the interest of maintaining a safe and productive working
environment for all City employees, establishing a standard of conduct for City employees,
protecting the public health, safety, and welfare, upholding the public confidence in the work
performed by City employees, and upholding the organizational image/reputation of the City, the
Employer and the Union hereby agree that employee drug & 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
18
their systems under the following circumstances:
A. When the Employer has reasonable suspicion to believe that an employee is under the
influence of illegal drugs or alcohol while on the Employer's premises or conducting the
Employer's business.
B. Following a work related accident or safety violation.
r Employees who are directed to submit to testing shall be required to sign a consent form, the
form of which will be developed by the Director of Human Resources, which will include
consent that notice of the test results will be released to the Director of Human Resources, or in
his absence, the City Manager.
The Employer and the Union hereby agree that if employees of the bargaining unit are required
to submit to testing, failure or refusal to submit to the testing may result in appropriate
disciplinary action which may include suspension or dismissal. The actual discipline to be
imposed shall take into consideration all facts and circumstances including the expressed reasons
for the employee's refusal, the need for the testing, the employee's desire for rehabilitation, and
the employee's job performance.
Employees who have been found, through the testing procedures identified in Section 16.3
below, to have been under the influence of drugs or alcohol, or who have engaged in conduct
which obstructs the testing procedures (i.e. the use of masking agents or other products to
adulterate or dilute specimens), shall not be paid for the time they are off work awaiting the
testing results, and shall be subject to appropriate disciplinary action including suspension or
dismissal.
Section 16.3 Drug and Alcohol Testing Procedures. Drug & Alcohol testing shall be
conducted in the following manner:
„~,~„ A. When circumstances arise which require drug and/or alcohol testing, the
Department/Division Head shall contact the Director of Human ResourceslProcurement
or, in his/her absence, his/her designee, to obtain approval for testing. Should
disagreement exist between the employee's supervisor or Department/Division Head and
the Director of Human Resources/Procurement, or his/her designee, regarding whether or
not to proceed with testing, the City Manager shall make the final determination. Upon
receiving approval to proceed with testing, the supervisor shall escort the employee to a
designated D.H.H. S. (Department of Health and Human Services) certified laboratory.
After specimen collection, the employee shall be escorted home. (In circumstances
involving "post accident" testing, where the employee requires off-site medical attention,
the testing procedure shall be initiated after proper medical attention has been rendered.
In the event the employee is hospitalized, testing shall be accomplished by blood within
the hospital environment as soon as possible.)
19
B. In screening for the presence of drugs or alcohol generally accepted screening procedures
shall be used. Whenever an employee is required to provide urine or blood for the
screening procedure, the employee shall be required to provide a split specimen at the
time of collection in order to facilitate the screening procedure.
C. When screenings are performed, the threshold level for determination shall be established in
accordance with generally accepted medical procedures and existing laws or regulations.
D. In testing urine or blood specimens for the presence of illegal drugs and/or alcohol, the first
specimen shall be submitted for testing to a certified laboratory. If illegal drugs and/or
alcohol are found in the first specimen, then that same specimen shall be submitted for
further verification (confirmatory) testing. If both initial and verification (confirmatory) tests
are positive for an illegal drug and/or alcohol, the Director of Human
Resources/Procurement, or his/her designee, shall be notified by the Medical Review Officer
(MRO) at the certified laboratory. The Director of Human Resources/Procurement, or
his/her designee, shall in turn contact the employee.
E. The employee must then decide whether or not he/she wishes the second specimen
provided at the initial collection to be further tested. If the employee so requests, then the
second specimen shall be tested using a second certified laboratory.
F. If the employee does not request the screening of the second specimen after the initial
specimen tests positive, or if the employee does request the testing of the second specimen
and it also tests positive for an illegal drug or alcohol, appropriate rehabilitative and/or
disciplinary action shall be taken, which may include suspension or dismissal.
G. In the initial testing of the first blood/urine specimen provided at the time of collection,
should masking agents (e.g. Klear, Ur-n-luck, Zydot, etc.) be detected, such shall be
,,~, considered as a "refusal to submit to testing" and the option to pursue testing of the second
specimen shall be forfeited. The City shall be so notified. Such "refusal to submit to
,,, testing" shall result in appropriate disciplinary action, including suspension or dismissal.
H. In the testing of bloodlurine specimens provided at time of collection, should a "dilute
negative" result be received by the City, the employee shall be required to repeat the testing
procedure within 24 hours. The result of the second test shall then become the test of
record. Should the employee decline to take the second test, such shall constitute a refusal
to submit to testing, which shall result in appropriate disciplinary action, including
suspension or dismissal. Should a "dilute positive" result be received by the City on the
first or second test, such shall be considered as a verified positive test which shall result in
appropriate disciplinary action, including suspension or dismissal.
I. Following the receipt of drug and/or alcohol testing results by the City, the City shall advise
the employee regarding his/her return to work.
20
Section 16.4 Referral To Employee Assistance Program. If the results of drug and/or alcohol
testing are positive, but do not warrant dismissal of the employee, a referral to the Employee
Assistance Program will be offered. Although employees will be offered a referral through the
Employee Assistance Program, they are still subject to appropriate disciplinary action.
~,,,, If an employee accepts a referral to the EAP for assessment as a result of a positive drug and/or
alcohol test, he/she must comply with any recommendation made by the EAP Drug and Alcohol
,,~,,, Counselor resulting from an assessment, as a condition of continued employment. The employee
shall further comply to random drug and/or alcohol testing for a period of up to two years.
Failure to comply with any of the conditions associated with the recommendations of the
Counselor, the conditions associated with the rehabilitation program, or the random testing, as
specified above, may result in dismissal of the employee.
ARTICLE 17
USE OF PRESCRIPTION & "OVER-THE-COUNTER" MEDICATION
Section 17.1 Purpose. In the interest of maintaining a safe and productive working
environment for all City employees, establishing a standard of conduct for City employees,
protecting the public health, safety, and welfare, upholding the public confidence in the work
performed by City employees, and upholding the organizational image/reputation of the City, the
Employer and the Union hereby agree that use of prescription and "over-the-counter" medication
by employees should be addressed within this Agreement. In that regard, the purpose of this
Article is to establish terms and conditions concerning the use of prescription and "over-the-
counter" medication by bargaining unit employees.
Section 17.2 General Terms & Conditions, In general, employees taking medication legally
prescribed by a physician, or purchased "over-the-counter", which may impair the employee's
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,
21
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 La~ffs. Whenever there is a lack of work, a lack of funds, or other circumstances
exist where continued work would not be cost efficient, effective, or reasonable, and such
requires a reduction in the number of employees of the City, the City Manager shall determine
the job classifications in which such reduction shall be made and the number to be laid off.
Employees shall be laid off at the time and in the number specified by the City Manager in the
inverse order of their seniority. Within the affected job classifications, all temporary, seasonal,
intermittent, casual, and part-time employees would be laid off first, then full-time probationary
employees, followed by full-time regular employees. The City will make a good faith effort to
discuss the need for the layoff as much in advance of the proposed effective date as is reasonable
under the circumstances. All employees to be laid off under such 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
off shall be called back to work and reinstated to the job classification they held before layoff
with the same status and seniority as they had at the time of layoff, in inverse order of their
layoff, if they are available. If not available within fourteen (14) calendar days of call-back
notification, or if they decline an offer of re-employment, or if they do not respond to the City
within fourteen (14) calendar days of call-back notification, their names shall be removed from
the Re-Employment Eligibility List. The Re-employment Eligibility List shall be valid for three
(3) years from the date of original creation unless said list is exhausted prior to the completion of
the three (3) year time frame due to the re-employment of all individuals on said list, the removal
of all individuals' names from said list for reasons 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.
22
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 shazed 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 aze hired during
the term of this Agreement.
Section 19.2 Bulletin Boards. The City shall provide reasonable space for one Union-provided
bulletin boazd within the garage/shop/custodial worker azeas within the Division of Streets &
Utilities, Division of Grounds & Facilities, and the Community Recreation Center. These
bulletin boazds shall be for the exclusive use of the Union to post notices and information related
to Union affairs. These boazds shall be maintained by the bazgaining unit memberships and be
kept in neat order at all times. Should these boazds fall into disarray, the City will notify the
appropriate Unit Representative and such Representative shall ensure that the board(s) are
restored to proper order at his/her first opportunity. Non-bargaining unit personnel shall not be
permitted to remove, add to, or alter Union material posted on these boards unless said material
contains obscene, racially/sexually offensive, other unlawful, or defamatory information. A
reasonable effort shall be made by the Employer to contact a Union representative prior to
removing any material.
ARTICLE 20
SENIORITY
Section 20.1 Seniority. For purposes of this Agreement, "Seniority" shall be defined as total
continuous service as afull-time employee of the bazgaining unit. Seniority shall begin to
accumulate on the date an individual becomes employed in a position within the bazgaining unit.
Continuous service shall reflect the uninterrupted service of an employee as calculated by
years/days of service. Continuous service shall be interrupted only when a "break in service"
occurs. A "break in service" shall occur in the following instances:
Resignation/Sepazation;
RemovaUDismissal;
Failure to return from an authorized leave of absence.
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 bazgaining unit; however, should
23
-a
more than one (1) individual be hired on the same day, seniority preference will be determined
by the individual's relative ranking in the selection process. An individual with a higher ranking
shall always receive seniority preference over an individual with a lower ranking.
A "break in service" shall not occur if an employee is reinstated due to the disaffirmance of
removal or layoff. An employee who has a "break in service" and who is subsequently rehired or
reinstated shall not receive continuous service credit for the time spent during the "break in
service"; however, the employee shall receive continuous credit except for the period of time in
which the "break in service" occurred.
Section 20.2 Application of Seniority -Leave Requests. "Seniority", as defined in Section
20.1 above, shall be the means for determining approval of vacation and personal leave requests
when such leave requests are submitted simultaneously, to the same supervisor, by two (2) or
more employees of the bargaining unit for the same period of time.
Section 20.3 Application of Seniority -Position Vacancies. Whenever a vacancy occurs in a
full-time position, the Department shall post a "Position Vacancy Announcement" for a
minimum often (10) calendar days to allow any interested employee presently serving in a full-
time position (within the same job classification), to apply for the position. The Department
shall identify, on the "Position Vacancy Announcement", the specialized qualifications,
knowledge, skills, and abilities required to successfully perform the duties of the vacant position.
In filling the position, the Department shall give consideration to all applicants who apply. The
following criteria shall be used in selecting an employee to fill the position: job-related
qualifications, knowledge, skills and abilities, work performance; and seniority based upon time
with the City of Dublin in a full-time regular position within the same job classification. Where
all applicants' qualifications, knowledge, skills, abilities and work performance are relatively
equal in the judgement of the hiring supervisor, seniority as previously defined shall be the
deciding factor. If qualifications, knowledge, skills, abilities, work performance, and seniority
~.•. are equal, seniority preference shall be determined by the individual's relative ranking in the new
hire selection process when first hired. The higher ranking shall always receive seniority
,,,~„ preference. Should it not be possible to determine which candidate ranked higher in the new hire
selection process, one toss of a coin shall be the determining the factor. Employees presently in
their original appointment probationary period shall not be eligible to compete for vacant
positions until after the conclusion of their probationary period. After the selection has been
made, the employee shall assume hislher new position within 60 days unless otherwise extended,
for good reason, by the Director of Service.
Should the Department experience a vacancy in a full-time position and is unsuccessful in filling
the vacancy, as specified above, then the Department will seek external candidates for the
position using the appropriate recruitment/selection procedures.
20.4 Application of Seniority -Overtime Assignments. Except in emergency situations, the
City agrees to offer overtime assignments first to bargaining unit members (by job classification)
on the basis of seniority. This offer shall be made starting with the most senior member of the
24
~.
bargaining unit (by classification) proceeding to the least senior member of the bargaining unit
(by classification) and then to seasonal employees (by classification). Should the overtime
assignment not subsequently be filled, the least senior member of the bargaining unit (within the
classification for which the overtime assignment is applicable) shall be compelled to work the
overtime assignment.
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 off-duty illegal
conduct behavior where there is a reasonable nexus to the individual's employment with the City.
Section 21.2 Progressive Discipline. The principles of progressive disciplinary action will be
followed with respect to minor offenses. For minor offenses, an oral reprimand, a written
reprimand, and a suspension without pay shall be given prior to demotion or dismissal.
The primary responsibility for the administration of discipline shall rest with the appropriate
supervisory personnel over the employee to be disciplined, and such disciplinary action may
consist of any action which is appropriate to the offense, including, but not limited to:
A. Informal, oral reprimand;
B. Formal, written reprimand;
C. Suspension from duty without pay, not to exceed five (5) days;
D. Any other action appropriate to the nature or severity of the offense;
E. Dismissal.
Disciplinary action taken against an employee, which is other than in the nature of a minor first
offense warning, shall be in writing and made a part of the employee's permanent personnel file.
Section 21.3 Pre-Disciplinary Conference. Prior to the administration of disciplinary action
constituting a suspension without pay or dismissal, 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
25
,~.,~
reasonable period of time following the incident in question and shall not be unreasonably
delayed by either the Employer or the employee. Nothing within this Section shall preclude the
Employer from relieving the employee from duty if, in the judgment of the Employer, such
action is necessary.
Section 21.4 Disciplinary Action Imposed The Employer's decision regarding whether or not
to impose disciplinary action shall be made within a reasonable period of time following the
incident in question, or the conclusion of the Pre-Disciplinary Conference (if applicable).
Section 21.5 Copy of Discipline Record. Whenever a disciplinary action is taken which results
in a disciplinary action of record (A. through E. in Section 21.2), the employee and the Union
shall be given a copy of such record.
Section 21.6 Aupeal• A bargaining unit employee (who has successfully completed his
probationary period), who feels aggrieved by the administration of discipline such as in A.
through E. of Section 21.2, may appeal such disciplinary action in accordance with the Grievance
Procedure in Article 9.
ARTICLE 22
PERSONNEL RECORDS
Section 22.1 Personnel File. One, and only one, official personnel file shall be maintained for
each employee and shall be in the custody of the Division of Human Resources. The personnel
file shall contain all the official records of the City regarding an individual employee, with the
exception of medical records, which shall be maintained in a separate file pursuant to applicable
Federal and State Law and, which shall be considered confidential. Where past disciplinary
actions or allegations of misconduct are relevant to considerations of future disciplinary action or
promotion, only those disciplinary actions of record contained in the personnel file shall be
considered. An employee may review his personnel file at reasonable times in the presence of
the Human Resource Director, or his designee, upon request to the Human Resource Director, or
his designee. 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. 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, or
his designee. 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
26
State Law. In the event a legitimate request is made to inspect or obtain copies of records from
an employee's personnel file, the City will make a reasonable attempt to notify the employee that
such a request has been made.
Section 22.2 Retention of Records. All actions of record, including appointment, evaluations,
promotions, counseling statements, reprimands, dismissals, suspensions, will be maintained in
each employee's personnel file throughout his period of employment. Record of counseling
statements or documented oral reprimands will not be considered for purposes of future
disciplinary action more than six (6) months after issuance provided that no repeated offense(s)
of a same or similar nature have occurred within said six (6) 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
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 Wage Structure. Effective upon execution of this Agreement, but retroactive to
July 15, 2001, the following wage structure shall be in place for the Maintenance Worker and
Sign Worker classifications:
Step 1 - $30,202.45
Step 2 - $31,410.55
Step 3 - $32,666.97
Step 4 - $33,973.65
Step 5 - $35,332.60
27
~,..,
Step 6 - $37,099.23
Step 7 - $38,954.19
Effective upon execution of this Agreement, but retroactive to July 15, 2001, each existing
employee within the Maintenance Worker and Sign Worker classifications, whose base annual
compensation (prior to execution of this Agreement) falls between $25,000 and $26,807, shall be
placed in the step which provides them with an increase. Thereafter, each existing employee
shall receive an annual step increase on his/her anniversary date of appointment (including any
anniversary date after 7 -15 - O1).
Effective upon execution of this Agreement, but retroactive to July 15, 2001, each existing
employee within the Maintenance Worker and Sign Worker classifications whose base annual
compensation rate (prior to execution of this Agreement) is $27,758 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/her anniversary date of
appointment (including any anniversary date after 7 -15 - O1).
Effective July 15, 2002, the following wage structure shall be in place for the Maintenance
Worker and Sign Worker classifications:
Step 1 - $30,806.50
Step 2 - $32,038.76
Step 3 - $33,320.31
Step 4 - $34,653.12
Step 5 - $36,039.25
Step 6 - $37,841.21
Step 7 - $39,733.27
Effective July 15, 2003, the following wage structure shall be in place for the Maintenance
Worker and Sign Worker classifications:
Step 1 - $32,038.76
Step 2 - $33,320.31
Step 3 - $34,653.12
Step 4 - $36,039.25
Step 5 - $37,480.82
Step 6 - $39,354.86
Step 7 - $41,322.60
Effective upon execution of this agreement, but retroactive to July 15, 2001, the following wage
structure shall be in place for the Automotive Mechanic I classification:
28
Step 1 - $31,284.47
Step 2 - $32,535.85
Step 3 - $33,837.28
Step 4 - $35,190.77
Step 5 - $36,598.40
Step 6 - $38,428.32
Step 7 - $40,349.74
Effective upon execution of this Agreement, but retroactive to July 15, 2001, each existing
employee within the Auto Mechanic I classification, whose base annual compensation rate (prior
to execution of this Agreement) falls between $25,800 and $27,664, shall be placed in the step
which provides them with an increase. Thereafter, each existing employee shall receive an
annual step increase on his/her anniversary date of appointment (including any anniversary date
after 7 -15 - Ol).
Effective upon execution of this Agreement, but retroactive to July 15, 2001, each existing
employee within the Auto Mechanic I classification whose base annual compensation rate (prior
to execution of this Agreement) is $28,646 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
anniversary date after 7 -15 - O1).
Effective July 15, 2002, the following wage structure shall be in place for the Auto Mechanic I
classification:
Step 1 - $31,910.16
Step 2 - $33,186.56
Step 3 - $34,514.03
Step 4 - $35,894.59
Step 5 - $37,330.37
Step 6 - $39,196.89
Step 7 - $41,156.73
Effective July 15, 2003, the following wage structure shall be in place for the Auto Mechanic I
classification:
Step 1 - $33,186.56
Step 2 - $34,514.03
Step 3 - $35,894.59
Step 4 - $37,330.37
Step 5 - $38,823.58
Step 6 - $40,764.76
Step 7 - $42,803.00
29
~::,
Effective upon execution of this Agreement, but retroactive to July 15, 2001, the following wage
structure shall be in place for the Custodial Worker classification:
Step 1 - $25,287.17
Step 2 - $26,298.66
Step 3 - $27,350.60
Step 4 - $28,444.63
Step 5 - $29,582.41
Step 6 - $31,061.53
Step 7 - $32,614.61
Effective upon execution of this Agreement, but retroactive to July 15, 2001, each existing
employee within the Custodial Worker classification, whose base annual compensation rate
(prior to execution of this Agreement) falls between $21, 885 and $23, 467, shall be placed in the
step which provides them with an increase. Thereafter, each existing employee shall receive an
annual step increase on his/her anniversary date of appointment (including any anniversary date
after7-15-01).
Effective upon execution of this Agreement, but retroactive to July 15, 2001, each existing
employee within the Custodial Worker classification whose base annual compensation rate (prior
to execution of this Agreement) is $24, 299 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
anniversary date after 7 - 15 - O1).
Effective July 15, 2002, the following wage structure shall be in place for the Custodial Worker
classification:
Step 1 - $25,792.91
Step 2 - $26,824.63
Step 3 - $27,897.62
Step 4 - $29,013.52
Step 5 - $30,174.06
Step 6 - $31,682.76
Step 7 - $33,266.90
Effective July 15, 2003, the following wage structure shall be in place for the Custodial Worker
classification:
30
Step 1 - $26,824.63
Step 2 - $27,897.62
Step 3 - $29,013.52
Step 4 - $30,174.06
Step 5 - $31,381.02
Step 6 - $32,950.07
Step 7 - $34,597.58
Section 23.2 Appointment and Advanced Step fIiring. The City Manager, when making
appointments to either the Maintenance Worker, Sign Worker, or Automotive Mechanic I, or
Custodial Worker classifications, shall be authorized to recognize the overall qualifications of
candidates in determining their placement within the wage structure.
Section 23.3 Step Advancement. Following the employee's initial appointment to a position
within the Maintenance Worker, Sign Worker, Automotive Mechanic I, or Custodial Worker
classifications, advancement to successive steps within the wage structure shall occur annually
on the employee's anniversary date of appointment.
Section 23.4 Application of Pay Rates. The rates of pay set forth in Section 23.1 are based on
full-time employment of forty (40) hours in a work week and 2,080 hours in a work year. These
rates shall be used to calculate wages for hours in paid status for the appropriate step. "Paid
Status" shall include all hours in approved paid leave including vacation, injury, military (active
duty), personal, compensatory time, sick leave, etc.
Section. 23.5 Longevity Pam 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, but retroactive
to July 15, 2001:
Completed Years of Service
with the City of Dublin Amount
Four (4) through six (6) years $550.00
Seven (7) through ten (10) years $725.00
Eleven (11) through fourteen (14) years $850.00
Fifteen (15) through nineteen (19) years $950.00
Twenty (20) or more years $1025.00
Longevity pay shall appear in the paychecks in which the employee's anniversary date of
31
appointment falls. The employee will be paid in one (1) lump sum in the form of a regular
paycheck for that given pay period which will be taxed at the employee's W-4 rate.
Should an employee be on Leave Without Pay for more than six (6) months within a particular
year during which the employee would have normally been entitled for longevity pay, the
employee shall forfeit his/her entitlement to such pay.
Section 23.6 TemporarXWork Assignment/Pay Supplement. When an employee is
r.. designated to perform the duties of a higher level job classification, the employee shall be
compensated at a rate of pay commensurate with that higher level job classification for all hours
during which the employee performs such duties. The rate of pay shall be within the higher level
classification's established pay range and shall be set either at the minimum of this higher level
classification's pay range or at a point 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.
Effective upon execution of this Agreement, but retroactive to July 15, 2001, the shift differential
rate will be $.65/hour. Effective on the July 15, 2002, the shift differential rate will be increased
to $.70/hour.
ARTICLE 24
HOLIDAYS
Section 24.1 Paid Holida~~s. The following are designated as paid holidays for bargaining unit
employees:
32
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/DaXs Observed. Should the Federal or State government designate a
specific date or day of the week for observation of one of the above listed holidays, the City will
generally follow that designation. For employees assigned to a Monday through Friday (Saturday
and Sunday off), when a holiday falls on a Saturday, the Friday immediately before the holiday
shall be the observed day; should the holiday fall on a Sunday, the Monday immediately
following the holiday shall be the observed day. For employees assigned to other than a Monday
through Friday workweek (Saturday and Sunday off) the holiday shall be celebrated on the
calendar day on which the holiday actually falls.
Section 24.3 Holida~y
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 maybe 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.
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
33
each employee, yet returns to full pay status at some point thereafter, the amount of that
employee's personal leave allocation shall bepro-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 maybe used by the employee provided
that said leave is approved in advance by the employee's immediate supervisor or other
appropriate administrative superiors. All personal leave must be used within the same calendar
year in which it is allocated or said personal leave shall be forfeited. Personal leave shall be paid
at the employee's straight time rate. Conflicts involving multiple requests for the same period of
leave shall be resolved on afirst-come-first-served basis. Personal Leave shall not be used to
artificially extend the separation date of an employee's resignation from employment with the
City. The effective date of an employee's resignation from employment shall be the same as the
employee's last day worked.
Section 25.2 Payment for Unused Personal Leave Layoff or Death. In the event that an
employee is laid off from City service, said employee shall be compensated for all unused
personal leave at the rate of pay in effect at the time of layoff. For any other form of separation,
no compensation will be provided to the employee for unused Personal Leave. In the event of
the employee's death, such compensation shall be paid to the employee's surviving spouse, or
secondarily, his/her estate.
ARTICLE 26
SICK LEAVE
Section 26.1 Sick Leave Accrual. All employees shall be entitled to sick leave with pay at the
rate of 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.
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
34
illness of family members outside the definition of immediate family. The parties agree
that the City Manager shall evaluate such requests and may, on a case-by-case basis,
approve such requests, at his discretion.
C. Enforced quarantine of the employee in accordance with community health regulations.
D. Necessary appointments with physicians and dentists.
E. Where injury leave has expired and the employee must be absent from work for an
additional period.
In order to qualify for sick leave payments, the employee must notify his supervisor not later
than one-half (1/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 maybe required by hislher
immediate supervisor to submit a doctor's certificate verifying the illness and justifying the
necessity of the absence. If the immediate supervisor determines that an employee's use of sick
leave is not justified, the immediate supervisor shall have the authority to charge the absent time
to the employee's vacation, personal leave, or compensatory time balance or to record the absent
time as leave without pay.
The City Manager, assisted by all supervisory personnel, shall be responsible for preventing
abuses of sick leave. Sick leave shall not be considered leave time which an employee may use
.~ at his discretion for personal business. The employer may require medical proof of the necessity
for said sick leave, in which event the involved employee shall be required to produce a
statement from a medical doctor certifying to the necessity of such absence. In the event the
employee fails to submit adequate proof of the necessity for sick leave, such leave shall be
considered unauthorized leave and shall be without pay. If an employee is found to have abused
this sick leave policy, he/she shall be subject to disciplinary action, including possible
suspension or dismissal.
In the case of pregnancy, the pregnant employee will be permitted to continue working as long as
she is physically capable to do so with the approval of her physician and supervisor. "Physically
Capable" shall mean the ability to satisfactorily perform the normal job duties of the position to
which the employee is assigned, as determined by the City. If deemed necessary by the
employee's administrative superiors, the employee must provide certification from a doctor of
her choice that continued employment will not be detrimental to the employee's health.
35
Vacation leave, personal leave, compensatory time, or approved leave without pay maybe used
to supplement sick leave when the latter is exhausted. All sick leave shall be requested by use of
the established Leave Request Form.
Absence for a fraction of a day that is chargeable to sick leave in accordance with these
provisions shall be charged proportionately in one-quarter hour (1/4) increments.
r.. Section 26.3 Payment for Unused Sick Leave.
A. After at least ten (10) complete years (i.e. 120 months) of continuous service with the
City, an employee, who is laid off or who qualifies for retirement benefits under the State
of Ohio's "Public Employees Retirement System", and actually retires from City Service,
shall be entitled to receive payment for accrued, unused sick leave. The rate of pay for
such unused sick leave shall be at the employee's straight time hourly rate of pay at
separation multiplied by one-third (1/3) of the total number of accrued sick leave hours.
Total payment under this provision shall not exceed 540 hours (67.5 paid days). In the
event an employee dies while in the employ of the City, except as provided in paragraph
(B) of this section, and the employee qualifies for 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 Emplo,~er_ Any employee who has
F.. accrued sick leave with the State of Ohio or any political subdivision of the State shall be entitled
to have this accrued sick leave transferred to the City of Dublin, provided the employee was
hired by the City within ten (10) years of resignation/separation from the prior public Employer,
and provided the City receives written verification of such prior service from the prior public
Employer.
ARTICLE 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 oftime-and-one-half (1-1/2). No
36
.~w.
employee shall be paid for overtime work which has not been authorized by a supervisor.
Section 27.3 Seventh Consecutive Day of Work. When an employee is required by an
appropriate supervisor to work on the seventh consecutive day within his scheduled work week,
and the employee has actually worked or has been in paid status the five (5) previous days plus a
minimum of three (3) hours on the sixth (6th) consecutive day of work, that employee shall be
compensated at the rate of 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 Pak 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 maybe
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 maybe 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 one hundred sixty (160) hours of compensatory time in his compensatory time
bank, he shall be permitted to convert up to fifty (50) hours of compensatory time in said bank to
cash. The calculation for converting Compensatory Time to cash shall be the employee's
established hourly rate of pay multiplied by the number of hours the employee desires to convert.
In the event the employee wishes to exercise this option, it shall be his responsibility to forward
a memorandum to the Department of Finance specifying the number of hours he wishes to
convert to cash, prior to the end of the first pay period in the new calendar year. The cash
conversion will then be paid in the form of a separate payroll check and shall be forwarded to the
employee on the scheduled pay date at the conclusion of the second pay period in the new year.
Section 27.6 Payment For Accrued Compensatory Time U on 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 maybe waived in cases where circumstances make
compliance impracticable. Requests for eight (8) or less consecutive hours use maybe submitted
37
with less than seventy-two hours' notice and maybe approved, as scheduling and operational
needs of the Division permit such usage. Compensatory time maybe 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 Reinstatement from Military Service. Pursuant to the Ohio Revised Code
Section 4903.03, any employee who leaves, or has left, the City service to enter the active service
of the Armed Forces of the United States, or any branch thereof, and who is subsequently
reinstated to employment with the City, shall be entitled to receive compensation at the Step rate
to which the employee would have been entitled had service with the City not been interrupted
by service in the Armed Services. Reinstatement rights are also governed by the Uniform
Services Employment and Re-Employment Rights Act ("USERRA").
Section 28.3 Reinstatement from Authorized Leave. Time spent on authorized leave shall be
credited for purposes of step advancement and shall not constitute a break in service.
ARTICLE 29
VACATION LEAVE
Section 29.1 Vacation Year. The vacation year for employees shall end at midnight on
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 29.4. In addition, an employee shall not earn his full vacation
accrual in a given pay period unless he is in full pay status (i.e. on duty or on approved leave
with pay) in the entire pay period. In the event an employee is not in full pay status during the
entire pay period, he shall accrue vacation on a pro-rated basis taking into account the number of
hours in full pay status during the pay period and his rate of accrual at that given time. The
formula for pro-rating the employee's accrual under such circumstances shall be the number of
hours in full pay status multiplied by the converted hourly accrual rate.
38
Section 29.3 Prior Public Service Credit. An employee who has prior public service with any
state government, or any political subdivision thereof, may receive credit for his prior service
with such entity, for the purpose of computing the amount of his vacation leave with the City, if
the nature of said service is relevant to the nature of his service with the City of Dublin.
"""' Anew 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 29.4 Vacation Accrual Schedule. Each employee shall be entitled to vacation leave
based upon the following vacation accrual schedule:
Completed Years of Public Service Paid Vacation (Hours Per Year
0 - 1 Year 40 Hours
2 - 4 Years 108 Hours
5 - 10 Years 142Hours
11 - 15 Years 170 Hours
16 - 20 Years 188 Hours
21 Years or More 218 Hours
Section 29.5 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 29.6 Vacation Scheduling/Use. The Division/Department shall attempt to honor all
vacation requests in the following manner with the understanding that all vacation leaves shall be
taken at such time or times at the discretion of and as approved by the Division Head.
A. Annual Scheduline. In December of each year, the Division shall post a vacation
schedule for the following year. Employees shall submit written requests for vacation
leave by January 1. In cases of conflict, seniority shall control as to granting of requests
for vacation leave. In the event an employee's request is disapproved, that employee shall
have seventy-two (72) hours to resubmit an alternate request for consideration. During
said seventy-two (72) hour period of time, vacation requests from other employees with
39
~, .,
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 maybe taken in multiples ofone-quarter (1/4) hour.
D. Vacation Leave shall not be used to artificially extend the separation date of an
employee's resignation from employment with the City. The effective date of an
employee's resignation from employment shall be the same as the employee's last day
worked.
Section 29.7 Rates of Pay for Vacation Hours. All vacation hours shall be paid at the
applicable straight time rates; however, an employee ordered to work while on approved vacation
leave shall be paid at the double time rate, with a minimum guarantee of four (4) hours pay for
each such call-in.
Section 29.8 Payment for Accrued Vacation Leave Upon Resignation/Separation 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
INJURY LEAVE
Section 30.1 Injury Leave with PaK 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
40
~.~.
Compensation Law. In order to be eligible for injury leave, the employee must report the
illness/injury to his supervisor within three (3) work-days of the incident giving rise to the
illness/injury.
Simultaneously with the request for injury leave, the employee shall make application and
actively pursue a claim for lost wage benefits under Ohio Workers' Compensation Law. If the
~!" application for benefits is granted and the claim allowed, the City's obligation under the
continued use of injury leave would be the monetary difference between the employee's regular
~- rate of pay and benefits received under the Workers' Compensation system. However, as an
alternative to lost wage benefits from Workers' Compensation, the City retains the right to
continue approving injury leave in lieu of the employee pursuing lost wage benefits through
Workers' Compensation.
In cases where injury leave or medical leave are necessary, the City may employ alimited-duty
work program which will provide for the attempted placement of Divisional personnel who are
unable to perform in their normal capacity. The limitations imposed on injury leave shall be
considered as limitations on leave granted as a result of each incident of awork-related
illness/injury, rather than limitations on leave to be granted in any one calendar year or other unit
of time.
ARTICLE 31
SPECIAL LEAVES
Section 31.1 Leave Without Pay. Leave without pay maybe granted, upon the approval of the
City Manager, or his designee, if requested in writing by the employee. An employee on leave
without pay shall not accrue sick leave or vacation benefits and, for non-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 maybe granted at the discretion of the City Manager,
or his designee, for personal reasons not to exceed thirty (30) days without loss of seniority,
if the employee can be spared. This maybe 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 maybe granted to an employee
for a period not to exceed one (1) year without loss of seniority when such employee is
physically unable to report for work because of illness or accident. The employee must
promptly notify his supervisor of the necessity therefore (and the supervisor shall transmit the
request to the City Manager, or his designee, for approval), and the employee must supply
41
.~
certification from a qualified physician attesting to the necessity for such absence.
C. Maternity Leave. A maternity leave without pay maybe granted to an employee without
loss of seniority upon approval of the City Manager, or his designee. Extension of the leave
maybe granted for a period not to exceed one (1) year, if the employee's physician states in
writing that such an extension is needed for recuperative health reasons related to pregnancy.
Leave without pay during the probationary period shall not be counted part of that period.
D. Military Leave (Active Duty,. Except as may otherwise be specifically provided herein, an
employee maybe 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 enforcement training. The employee shall advise the supervisor with as much advance
written notice as possible, but in no case with less than forty-eight (48)hours written notice
indicating the approximate time required to attend the training and the nature of the training.
Section 31.2 Leave with 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 maybe approved by the City Manager, or his designee, on a
"case-by-case" basis, given the merits of each particular set of circumstances. The family, for
purposes of bereavement leave, shall include: spouse, son, daughter, brother, sister, parent,
legal guardian, person who stands in place of a parent, grand-parent, grandchild, step-father,
step-mother, step-brother, step-sister, step-son, step-daughter, mother-in-law, father-in-law,
daughter-in-law, son-in-law, brother-in-law, sister-in-law, grandparent-in-law, half brother
and half sister, aunt, uncle, or any other relative living in the home of the employee.
C. Military Reserve Leave. A member who, as a member of the Ohio National Guard, the
Ohio Defense Corporation, the Ohio naval Militia, or as a reserve member of the Armed
Forces of the United States, is called upon to receive temporary military training, shall be
entitled to a leave of absence with pay for a period or periods not to exceed twenty-two (22)
eight (8) hour work days or 176 hours in any one (1) calendar year. A member qualifying for
42
paid military leave who is called or ordered to the uniformed services for longer than the
above period shall be paid for the remaining time beyond the first twenty-two eight (8) hour
work days or 176 hours at his or her regular compensation rate less whatever compensation
the member may receive for such military service. If the member's military compensation
exceeds the compensation the member is otherwise entitled to from the City, the member will
not be entitled to any additional compensation from the City.
„~,,, D. Family/Medical Leave (FMLA Leaved Pursuant to the Family and Medical Leave Act of
1993, FMLA leave maybe 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 maybe granted up to a total
of twelve (12) weeks during any twelve (12) month rolling period for the following reasons:
• Because of the birth of a child or placement for adoption or foster care of a child;
• In order to care for the spouse, son, daughter, parent, or one who stood in place of a
parent of the employee, if such spouse, son, daughter, parent, or "in loco parentis" has
a serious health condition;
• Because of a serious health condition that makes the employee unable to perform
his/her employment functions.
The employee must provide the employer with thirty (30) days advance notice of the leave, if
such leave is reasonably foreseeable, or such notice as is practicable if thirty (30) days notice
is not possible. The employee must provide the employer with certification of the condition
from a health care provider. The employer, at employer's expense, may require a second
opinion on the validity of the certification. If this second opinion contradicts the first opinion
;~•~* submitted by the employee, a third opinion, at the employer's expense, shall be sought from a
mutually agreeable physician, which shall be binding on both the employee and employer.
An employee seeking FMLA leave must first use paid sick time (if applicable), vacation,
personal leave, and compensatory time before going on unpaid leave. The total amount of
family leave paid and unpaid will not exceed a total of twelve (12) weeks. In any case in
which a husband and wife entitled to family leave are both employed by the City, the
aggregate number of workweeks of leave to which both maybe entitled maybe limited to
twelve (12) weeks taken because of the birth of a child or placement for adoption or foster
care of a child. The employee will be responsible for his/her share of the health insurance
cost (if any) during the unpaid leave. If the employee does not return from the leave, he/she
is responsible for payment to the City of the monthly Single/Family rate paid by the City on
behalf of the employee during the leave. The City may, at its sole discretion, waive the
repayment of such amount. The City will be responsible for the 30 day plan costs under
COBRA.
It is intended that this Article comply with the Family and Medical Leave Act of 1993 and
the City may promulgate policies in furtherance of the Family and Medical Leave Act that
43
are not inconsistent with this Agreement.
E. Other. Leave with pay maybe granted by the City Manager, or his designee, for good and
sufficient reasons which are considered to be in the best interest of the City, but only in the event
of extraordinary circumstances.
~ ARTICLE 32
LEAVE DONATION PROGRAM
Section 32.1 Pur ose. The purpose of this Article is to establish regulations governing the
operation of a Leave Donation Program that allows employees to voluntarily donate sick leave,
vacation leave, personal leave, or compensatory time to another employee when the employee
experiences a catastrophic illness/injury, or when such an employee's immediate household
family member experiences such an illness or injury requiring the employee's personal care and
attendance, and the employee has exhausted all of his/her sick leave, vacation leave, personal
leave, compensatory time, or other applicable paid leave balance.
Section 32.2 Definitions.
Catastrophic Illness/InjurX - a devastating illness or injury that is expected to incapacitate the
employee or a member of the employee's immediate household family for an extended period of
time, provided that taking extended time off from work creates a financial hardship for the employee
because he/she has exhausted all leave balances. Catastrophic illnesses or injuries would commonly
include, but are not necessarily limited to, the following: cancer, AIDS, heart attack, heart surgery,
stroke, or permanent paralysis.
Donation -the act of voluntarily, unconditionally, and irrevocably surrendering a portion of one's
sick leave, vacation leave, personal leave, and/or compensatory time to a qualified employee.
Immediate Family Member -Mother, father, spouse, son, daughter, stepson, stepdaughter, legal
guardian, or someone who legally stands in place of a parent.
Section 32.3 Program Regulations
A. Eli ibili
Eligibility to donate leave or to receive donated leave under this program shall be limited to
United Steelworkers bargaining unit members and all Non-Union personnel of the City serving
in full-time permanent positions. Eligibility to receive donated leave under this program shall
also be limited to those employees who have a total of 120 hours or less in all forms of paid
leave in the aggregate (i.e. sick leave, vacation leave, personal leave, compensatory time) at the
44
time of their written request to receive donated leave, and who have not been disciplined for
leave abuse the two (2) years prior to the date of their request to receive donated leave.
B. Request for Leave
When an employee has less than a total of 120 hours in all forms of paid leave (as
specified above) in the aggregate, the employee or the employee's Division Head (with
~ the employee's consent) may initiate a request for assistance. The request shall be
forwarded to the affected employee's Department Head for review and consideration of
,~„ the facts and circumstances specific to the employee's need. Such review shall include,
but not necessarily be limited to, an assessment of a written certification from the
employee's physician regarding the employee's or family member's medical condition,
an analysis of the employee's sick leave usage and overall work history with the City of
Dublin, and consideration of input provided by the Department's supervisory/managerial
staff. Following this review by the affected employee's Department Head, the
Department Head may recommend approval for receipt of donated leave to the City
Manager. The City Manager shall make the final decision regarding approval of the
employee's request. The final decision to approve or disapprove the request rests within
the sole discretion of the City Manager.
C. Donation Process. Procedures & Requirements
Should the employee's request to receive donated leave be approved by the City
Manager, employees (herein called donors) who desire to contribute leave time shall
complete a "Leave Donation Form", a copy of which is attached. Such forms shall be
made available by the Division of Human Resources/Procurement and by each
Department/Division. The donor shall designate on the form the name of the employee
who is to be the recipient of the donated leave and the amount of such donated leave.
Leave shall be donated in the following sequence and amounts for each approved
recipient:
1) The first eight (8) hours of any donation shall be vacation leave. If the donor does
not have vacation time available, this requirement may be waived or reduced by the
Department Head.
2) The second eight (8) hours of any donation shall be personal leave, compensatory
time, or vacation leave. If the donor does not have eight (8) hours of such leave
available, this requirement maybe waived or reduced by the Department Head.
3) After sixteen (16) hours of vacation leave, personal leave, or compensatory time have
been donate, or waived as specified above, sick leave may then be donated. Sick
leave donations shall be limited to forty (40) hours. After forty (40) hours of sick
leave donation has been reached, the entire donation sequence may begin again
starting with item #1 above.
45
D. Minimum Donation Increments
The minimum amount of leave time which can be donated shall be one (1) hour. Donors
may contribute any amount of time at or above one (1) hour in whole amounts (no
fractions of an hour can be transferred). However, the donor shall not be allowed to
donate an amount of leave which would reduce the donor's leave balance or combination
of balances below one hundred and twenty (120) hours of available leave time.
E. Divisional Coordinator
Should the employee's request to receive donated leave be approved by the City
Manager, the employee's Division Head shall designate another employee of the same
Division to serve as "Divisional Coordinator". The role of "Divisional Coordinator" shall
be to facilitate the flow of information and to maintain a direct line of communication
with the recipient. Upon approval of all Leave Donation Forms by the donor's
Department Head, all such forms shall be forwarded directly to the "Divisional
Coordinator". The "Divisional Coordinator" shall collect all such forms, determine the
proper number of hours necessary to satisfy the recipient's need, on a pay period-by-pay
period basis, match the donated leave hours to the established need (again on a pay
period-by-pay period basis), and forward the required number of Leave Donation forms
with the recipient's time sheet directly to the Department of Finance.
Should the number of donated leave hours exceed the recipient's need for a given pay
period, those excess donated leave hours will be held in reserve by the "Divisional
Coordinator" and will be used to satisfy the recipient's continuing future need for such
hours. Should the recipient's eligibility to receive donated leave cease, in accordance
with Section 32.3 K. ("Eligibility Ceases"), and donated hours remain in the above
referenced reserve, these hours will be returned to the donor within a reasonable period
of time thereafter. (It is critical to note that once donated leave time is forwarded from
the "Divisional Coordinator" to the Finance Department, and such donated leave time is
actually physically transferred from the donor's leave balance to the recipient's sick leave
balance, the donor has no right to recover any portion of such leave time.)
F. Donation Credited
Upon receipt of all approved Leave Donation Forms, the Department of Finance will
credit all donated leave time to the recipient's sick leave balance.
G. Conditions on Receipt of Leave
Before an employee may receive the donated leave, he/she must have exhausted all of
his/her sick leave, vacation leave, personal leave, compensatory time, or other applicable
leave balances available to him/her (excluding the exception listed below).
Exception: One leave balance designated by the employee (other than sick leave) may
46
contain no more than twenty-four (24) hours of leave time. Such leave time will be held
in reserve to allow the employee the opportunity to take some time off following the end
of the catastrophic situation, should such time off be needed to attend to family needs.
H. Prohibition on Continued Accrual of Leave
While using donated leave, the employee shall not accrue or receive any leave time in
excess of the twenty-four (24) hours identified in item G above.
I. Prohibition on Conversion to Cash
All donated leave time, regardless of the type, shall be considered to be sick leave and
shall only be used under the conditions of sick leave as set forth in the Collective
Bargaining Agreement or the City Personnel Code (whichever is applicable). No cash
payments shall be provided to the employee or the surviving spouse of the employee
under this program.
J. Continuation of Medical. Dental. Vision, Life Insurance And Other Benefits
Employees using donated leave shall be considered to be in paid status solely for the
purpose of receiving all medical, dental, vision, and life insurance benefits, step
increases, merit increases, longevity payments, and seniority credit to which they would
have otherwise been entitled. However, original or promotional probationary employees
using such leave shall have their probationary periods extended by the same length of
time for which the employee has used the donated leave.
K. Eligibility Ceases
`~ Eligibility to receive donated leave under this program shall cease upon certification
from the employee's physician that he/she is capable of engaging in sustained regular
employment, certification from the employee's family member's physician documenting
the family member's recovery from the catastrophic illness/injury, an employee's
application for disability retirement is approved by the appropriate retirement system
(Public Employee's Retirement System of Ohio), or death of the employee or employee's
family member, whichever should first occur.
47
CITY OF DUBLIN
CITY OF DUBLIN LEAVE DONATION FORM
(Donor's Name)
my earned leave time as outlined below. I do this solely to assist a fellow employee of the City of Dublin
and I have not been coerced, intimidated, or financially induced into donating this leave. I do so freely and
without reservation. I further understand that the person to whom I am donating this leave time is under no
obligation to repay this gift. Furthermore, I understand that all donated leave time will remain the property
of the receiving employee and that I will not acquire back any time which is unused because the need of the
recipient has concluded.
I, ,voluntarily agree to donate a portion of
I have reviewed my leave balances and understand that this donation will leave me with no less than one
hundred and twenty (120) hours of time in one or in a combination of one or more of my leave balances.
Information on the employee to receive this donation:
Print Recipient's Last Name Print Recipient's First Name Print Recipient's Department
My leave time should be donated from the following balances:
Number of Type of Conditions for the
Hours Donated Leave Donated Donation of Time
VACATION Vacation may be used for all time donated, but must be used for
first eight (8) hours.
Vacation donation waived or reduced.
Dept. Head lnitia[s
VACATION Vacation Leave, Personal Leave or Compensatory Time may be
used for all time after the first eight (8) hours of vacation time
PERSONAL has been donated.
Vacarion/Personal Leave/Comp Time donation waived or
COMP. TIME Depl. Headlnilials reduced.
SICK LEAVE Sick leave may be used after sixteen (16) hours of other time
has been donated.
(Limited to forty (40) hours of sick leave then another Leave Donation
Form must be completed.)
TOTAL NUMBER OF HOURS DONATED ON THIS FORM
Print Name of Donating Employee Signature of Donating Employee Date
Department Head's Approval Date
ARTICLE 33
MEDICAL, DENTAL, VISION & LIFE INSURANCE
Section 33.1 Medical. Dental. & Vision Benefits. The City shall make available group
medical, prescription drug, dental, and vision benefits to all employees and dependents who meet
"'""" the eligibility requirements of the plan. 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 in effect as of July 14, 2001, with the following exceptions, all
of which shall be effective upon execution of the Agreement:
Dental
• The Lifetime maximum for orthodontics
shall be increased to $1,000 per person.
Vision
• The Plan's 80% coverage for eye exams will
not exceed $50.
• The Plan's 80% coverage for frames will not exceed $85.
• The Plan's 80% coverage for all types of lenses (including contact
lenses) will not exceed $125.
Section 33.2 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 33.3 Life Insurance. The City shall provide group term life insurance coverage in the
rte. amount of $50,000 for each employee with the full premium for said coverage paid by the City.
The coverage amount shall be doubled if the employee is killed while performing his/her
assigned job duties for the City.
ARTICLE 34
TRAINING AND TUITION REIMBURSEMENT
Section 34.1 Training. In recognition of the value of continuing education and professional
development of employees, the City agrees to provide training opportunities for employees
within the bargaining unit at the City's expense. This training maybe 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
48
preparation for job duties which maybe assigned to the employee after completion of training.
Reasonable effort shall be made to accommodate the training to the employee's regular work
schedule. The Division shall endeavor to provide as much advanced notice as practical to
employees regarding their training schedules. In that this training is awork-related duty, the
employee shall receive all pay and benefits to which he is otherwise entitled during training.
The expense for employees who are required or requested to attend training schools, seminars, or
•.• other instructional or educational programs, including examination to increase their knowledge
and further their competency in their occupation with the Employer, shall be paid by the
Employer as follows:
A. Registration fees, tuition charges for the training school, seminar, or educational or other
instructional programs.
B. The employer shall pay for meals when not provided by the tuition.
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 regular working
hours.
F. All necessary tools and equipment required by the course of instruction.
Checks maybe issued in advance for paragraphs A and D of this Section.
Section 34.2 Tuition Reimbursement.
A. Reimbursement Program. All employees of the bargaining unit may participate in the
City's Tuition Reimbursement Program. Under this program, each employee shall be eligible
for a maximum of 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,
49
post secondary technical school, etc.) shall be eligible for reimbursement under this program.
No 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 be taken on other than scheduled working hours, unless
approval is obtained from the Division Head, or his designee, to take such courses on work
time.
D. Reimbursement Procedure. Reimbursement shall be made upon successful completion of a
course with a grade of C (2.00) or better. The employee shall submit an official transcript or
certificate demonstrating successful completion of the course and a receipt from the
institution confirming the employee has paid for tuition, fees, and required textbooks. Any
financial assistance available to an employee shall be deducted from the amount of tuition
reimbursement that would otherwise be payable. The employee shall not be reimbursed for
incidental expenses such as paper or supplies, mileage, parking, meals, or other expenses
other than tuition, fees, and required textbooks.
ARTICLE 35
TRAINING ASSIGNMENTS
Section 35.1 Compensation. Any bargaining unit member who, when designated to serve in a
formal training capacity, shall be entitled to one (1) hour of compensatory time for each eight (8)
hours of training time spent with the trainee. In order for the designation to be valid, it must be
issued by the Division Head.
50
.~+
ARTICLE 36
ON CALL STATUS
Section 36.1 On Call Status. When the Employer determines that it is necessary to place
employees in "on-call" status, such shall be accomplished in the following manner:
A. The Division shall post, by classification, the opportunity for employees to volunteer for
"on-call status" for a minimum often (10) calendar days.
B. Should more employees apply for the "on-call" opportunity than the number needed, the
determination regarding which employees will be selected shall be based upon the
relative qualifications, knowledge, skills, abilities, and work performance of the applying
employees. Should qualifications, knowledge, skills, abilities, and work performance all
be relatively equal, in the judgement of the Division Head, seniority, as defined in
Section 20.1 of this Agreement, shall be the deciding factor. Should qualifications,
knowledge, skills, abilities, work performance, and seniority be relatively equal, seniority
preference shall be determined based upon the employees' relative ranking in the new
hire selection process when first hired. The higher ranking candidate shall always receive
seniority preference. Should it not be possible to determine which candidates ranked
higher in their respective new hire process, one toss of a coin shall be the deciding factor.
Employees presently serving in their original appointment probationary period shall not
be eligible to compete for "on-call" status until after the conclusion of their probationary
period.
Should fewer employees apply for the "on-call" opportunity than the number required,
Section 20.4 shall govern overtime assignments.
36.2 Assignment of Pagers. The Division shall only assign pagers to those employees serving
in "on-call" status.
36.3 Conflict Between Sections. Should a conflict arise between this Article and Section 20.4
(Application of Seniority -Overtime Assignments), Section 20.4 shall prevail.
ARTICLE 37
EMPLOYEE INCENTIVE PROGRAMS/DISCOUNTS
Section 37.1 Employee Incentive Programs. Members of the bargaining unit shall be eligible
for employee incentive programs (e.g. Personal Computer Purchase Program, Wellness Program
incentives/awards, etc.) offered to other non-bargaining unit employees of the City. Eligibility to
participate in these incentive programs and receipt of any awards through these programs shall be
governed by the written program rules, regulations, and requirements as approved by the City
Manager.
51
Section 37.2 Employee Discounts. Should Dublin City Council approve employee discounts in
the future, the City agrees to apply such approved employee discounts to bargaining unit
employees and non-bargaining unit employees alike. Likewise, any Council approved
modifications to present or future discounts will also be applied to bargaining unit employees
and non-bargaining unit employees alike.
~-- ARTICLE 38
TRAVEL/MILEAGE REIMBURSEMENT
Section 38.1 Reimbursement. Whenever an employee is authorized to engage in or to undertake
official business for the City, that employee shall be reimbursed for reasonable and necessary
expenses and travel. If practicable, the employee shall be allowed the use of a City vehicle for
travel. If not practicable, reimbursement for authorized use of a personal automobile shall be at
the standard rate per mile set by the Internal Revenue Service. The City Manager is hereby
authorized to establish and implement reasonable regulations regarding reimbursement for
expenses and travel.
ARTICLE 39
PROVISION OF MEALS UNDER
UNUSUAL, EMERGENCY OR SPECIAL CONDITIONS
Section 39.1 Provision of Meals. When employees are required by the City to work under
unusual, emergency, or special conditions (e.g. snow removal, traffic control for festivals &
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 40
REQUIRED LICENSES, REGISTRATIONS, OR CERTIFICATIONS
Section 40.1 Required Licenses, Registrations, or Certifications. Any costs/fees associated
with obtaining any Employer required licenses, registrations, or certifications, after appointment,
as listed in the City's job classification descriptions for 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
52
Pesticide Application License, National Institute of Automotive Service Excellence
certifications) shall be paid by the Employer. In addition, reasonable effort shall be made by the
Employer to accommodate the need for employees to take any required examinations during the
employees' regular work hours.
ARTICLE 41
CLOTHING
Section 41.1 Shoe Reimbursement. All bargaining unit employees shall be reimbursed for the
cost of steel-toed safety shoes in an amount not to exceed $115.00 per calendar year. In order to
be reimbursed, each employee must provide the City with a valid receipt showing the store at
which the shoes were purchased, the date on which the purchase occurred, and the amount of the
purchase.
ARTICLE 42
TOOL REPLACEMENTS/UPGRADES
Section 42.1 Amount. The City shall pay for upgrades or replacements to each Auto
Mechanics hand-tool set in an amount not to exceed $175.00 per calendar year. The City
shall pay up to such amount directly to the vendor upon receipt of a proper invoice/bill
from the vendor.
ARTICLE 43
DURATION
'""~"" Section 43.1 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 43.2 Signatures. Signed and dated at Dublin, Ohio on or as of this the day of
UNITED STEELWORKERS OF AMERICA: CITY OF DUBLIN:
George Becker, President USWA
Leon Lynch, Vice President USWA
53
Timothy C. Hansley, City Manager
David L. Harding, Director of Human
Resources/Procurement
Richard Davis, Vice President USWA
Leo Gerard, Secretary Treasurer USWA
Frank Vickers, Director of District 1 USWA
Billy Boyce, Staff Representative USWA
k~perUaYWffice~service~maintc
54
Robert D. Weisman, Labor Counsel
Memorandum of Understanding
(Crew Leader Overtime Issue)
The City of Dublin hereby agrees to make a good faith effort to minimize Maintenance Crew
Leaders from working overtime assignments that should normally be worked by bargaining unit
r~• members. The Parties pledge to, in good faith, maintain an open dialogue on this issue, either
through Labor -Management Committee Meetings or other interaction, in order that issues of
concern can be voiced and addressed freely, the objective being to communicate openly and
resolve problems that may arise on this issue in the future.
UNITED STEEL WORKERS OF AMERICA CITY OF DUBLIN
By:
Date:
By:
Date:
Memorandum of Understanding
(Temporary Work Assignment Issue)
The United Steelworkers of America and the City of Dublin understand that in designating an
employee to perform the duties of a higher level job classification (Section 23.6), the
*~ determination regarding which employee is designated to perform such duties shall be based
upon qualifications, knowledge, skills, abilities, and work performance. Should qualifications,
~- knowledge, skills, abilities, and work performance all be relatively equal in the judgement of the
Division Head, seniority, as defined in Section 20.1 of the Collective Bargaining Agreement
(2001- 2004), shall be the deciding factor. Should qualifications, knowledge, skills, abilities,
work performance, and seniority be equal, seniority preference shall be determined based upon
the employees' relative ranking in the new hire selection process when first hired. The higher
ranking candidate shall always receive seniority preference. Should it not be possible to
determine which candidates ranked higher in their respective new hire selection process, one toss
of a coin shall be the deciding factor. Employees presently serving in their original appointment
probationary period shall not be eligible to compete for shift slots until after the conclusion of
their probationary period.
UNITED STEEL WORKERS OF AMERICA CITY OF DUBLIN
By:
By:
Date: Date:
Memorandum of Understanding
(Voluntary Training Issue)
The City of Dublin hereby agrees that when an employee is attending voluntary training
programs/seminars, which are previously approved by the Division Head and, which would be
beneficial to the City as well as the employee, the time the employee spends in such training
capacity shall be compensable time.
UNITED STEEL WORKERS OF AMERICA CITY OF DUBLIN
By: By:
Date: Date:
Memorandum of Understanding
(Creation of Third Shift Issue)
The United Steelworkers of America and the City of Dublin hereby agree that should the City
decide to create a permanent third shift during the term of this Agreement (2001 - 2004), the
following process would be used by the City to fill the required number of shift slots:
~- • All shift slots would initially be posted for a minimum of 10 (ten) calendar days.
Should more employees apply for shift slots than the number of slots available, the
determination regarding which employees should be selected shall be based upon the
relative qualifications, knowledge, skills, abilities, and work performance of the applying
employees. Should qualifications, knowledge, skills, abilities, and work performance all
be relatively equal in the judgement of the Division Head, seniority, as defined in Section
20.1 of the Collective Bargaining Agreement, shall be the deciding factor. Should
qualifications, knowledge, skills, abilities, work performance, and seniority be equal,
seniority preference shall be determined based upon the employees' relative ranking in
the new hire selection process when first hired. The higher ranking candidate shall
always receive seniority preference. Should it not be possible to determine which
candidates ranked higher in their respective new hire selection process, one toss of a coin
shall be the deciding factor. Employees presently serving in their original appointment
probationary period shall not be eligible to compete for shift slots until after the
conclusion of their probationary period.
• Should fewer employees apply for the shift slots then the number of slots available,
employees will be assigned to the available slots on the basis of inverse seniority.
It is further understood by the Parties that the City shall not arbitrarily, permanently reassign
employees from one shift to another.
UNITED STEEL WORKERS OF AMERICA CITY OF DUBLIN
By:
Date:
By:
Date:
,~,
Office of the City Manager
5200 Emerald Parkway • Dublin, Ohio 43017-1006
CITY OF DUBLIN Phone: 614-410-4400 • Fax: 614-410-4490 M e m O
To: Members of Dublin City Council
From: Timothy C. Hansley, City Manager , ~~+~~~
Date: August 9, 2001
~- Subject: Ordinance No. 93-01, An Ordinance Adopting the 2002-2006 Capital Improvements Program
Initiated by: Marsha I. Grigsby, Director of Finance '~`~~
The administration's proposed Capital Improvements Program (CIP) for 2002-2006 has been
prepared and is submitted to City Council for review. The CIP review meetings are scheduled
for August 20 and August 22 at 7:00 p.m. in Council Chambers.
As we have done in the past few years, the CIP document will be prepared after the review
meetings and will be submitted to City Council members prior to the public hearing on
Ordinance No. 93-01. The public hearing is scheduled for September 4, 2001.
If you have any questions, please do not hesitate to contact Marsha.
S:\DATA\FINANCE\2002-06 CIP\2002-06 CIP\2002-06 cip\CIP-ORD 93-01 MEMO.doc