HomeMy Public PortalAbout030-2017 - AFSME ContractAGREEMENT
BETWEEN
THE CITY OF RICHMOND
AND
THE AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL
EMPLOYEES
LOCAL 1791
JANUARY O19 2017
THROUGH
DECEMBER 319 2017
Contract No.: 30-2017
INDEX
ARTICLE
1
RECOGNITION
ARTICLE
2
NON-DISCRIMINATION
ARTICLE
3
SEXUAL HARASSMENT
ARTICLE
4
DUES AND REPRESENTATION FEES
ARTICLE
5
UNION RIGHTS
ARTICLE
6
HOURS OF WORK
ARTICLE
7
OVERTIME PAY AND SCHEDULING
ARTICLE
8
WORK RULES
ARTICLE
9
PERSONNEL RECORDS
ARTICLE
10
DISCIPLINE AND DISCHARGE
ARTICLE
11
GRIEVANCE PROCEDURE
ARTICLE
12
PROBATIONARY EMPLOYEES
ARTICLE
13
LAYOFFS
ARTICLE
14
DRUG AND ALCOHOL TESTING
ARTICLE
15
SENIORITY AND YEARS OF SERVICE
ARTICLE
16
JOB BIDDING
ARTICLE
17
VACATIONS AND HOLIDAYS
ARTICLE
18
PERSONAL DAYS, SICK DAYS, AND
LEAVES OF ABSENCE
ARTICLE
19
BEREAVEMENT LEAVE
ARTICLE
20
JURY LEAVE
ARTICLE
21
MILITARY LEAVE
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PAGE 29
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PAGE 30
INDEX
ARTICLE
22
FAMILY AND MEDICAL LEAVE
PAGE 31
ARTICLE
23
INSURANCE AND OTHER BENEFITS
PAGE 32
ARTICLE
24
LIGHT DUTY WORK
PAGE 34
ARTICLE
25
SHORT AND LONG TERM DISABILITY
PAGE 34
ARTICLE
26
AMERICANS WITH DISABILITIES ACT
PAGE 35
ARTICLE
27
LABOR/MANAGEMENT COMMITTEE
PAGE 35
ARTICLE
28
TRAINING
PAGE 35
ARTICLE
29
CONTRACTING OUT
PAGE 36
ARTICLE
30
PREMIUM CONVERSION
PAGE 36
ARTICLE
31
RETIREMENT
PAGE 36
ARTICLE
32
WAGES AND OTHER COMPENSATION
PAGE 37
ARTICLE
33
SEVERABILITY AND SAVINGS CLAUSE
PAGE 38
ARTICLE
34
NO STRIKE / NO LOCKOUT
PAGE 39
ARTICLE
35
MANAGEMENT RIGHTS
PAGE 39
ARTICLE
36
WAIVER OF INTERIM BARGAINING
PAGE 40
ARTICLE
37
GENERAL PROVISIONS
PAGE 40
ARTICLE
38
DURATION
PAGE 41
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PREAMBLE
Workers organize labor unions primarily to secure better wages and better working conditions. In the
same way that unions are dedicated to improvement of the terms and conditions of employment, an
employer is dedicated to preserving the needs of the employer. Collective Bargaining provides an
avenue for both the Union and the Employer to help resolve any differences that the parties may have.
To that end, this settlement is designed to promote an orderly, constructive, and cooperative
relationship between the Union and the City.
ARTICLE 1 — RECOGNITION
A. The City of Richmond, Indiana ("City"), by its governing body and pursuant to authority set
forth in Ordinance 45-2000 (the "Ordinance") of the codified ordinances of the City recognizes Local
1791 of the American Federation of State, County, and Municipal Employees ("AFSCME") as the
exclusive bargaining agent for the purposes set in the Ordinance, of all employees of the City's Street
Department, Park Department, and of the Sanitary District, a political subdivision with separate taxing
authority, but subject to the governance of the City, except those positions set out below ( the
"Bargaining Units"):
Excluded Sanitary District Positions
1. Director
2. Engineer
3. Assistant Engineer
4. Engineering Assistants
5. WWTP/Maintenance Manager
6. Finance Manager
7. Customer Service Manager
8. Collection and Recycling Manager
9. Landfill Manager
10. Collections Manager
11. Superintendent
12. Operations Inspector
13. Sewer Maintenance Manager
14. Health and Safety Officer
15. Operator of Record and Permits Coordinator
16. Computer Technician (Sanitation)
17. Engineering Specialist
18. Billing Coordinator (Sewer)
Excluded Street Department Positions
1. Street Commissioner
2. Office Manager
3. Administrative Assistant
Excluded Park Department Positions
1. Park Superintendent
2. Assistant Park Superintendent
3. Business Manager
4. Receptionist/Clerk
5. Golf Division Director
6. Club House Manager
7. Golf Superintendent
8. Widowed Persons Service Coordinator
9. Senior Services Coordinator
10. Community Recreation Coordinator
11. Sports and Entertainment Coordinator
B. The parties agree to meet and discuss the inclusion into the Bargaining Unit(s) of any newly
created positions within the Street Department, Park Department or Sanitary District that might be
established by the City after the ratification and effective date of this Agreement. Such discussion will
be guided by the criteria set out in 33.04 (b) (1) of the Ordinance.
ARTICLE 2 — NON-DISCRIMINATION
A. To the full extent required by applicable law and policy, there shall be no discrimination,
intimidation, coercion, or harassment by the City or by the Union against any employee
because of that employee's gender, sexual orientation, gender identity, marital status, race,
color, ancestry, national origin, religion, age, disability, results of genetic testing, military
service, political affiliation, or because of union activity or membership or lack of same.
B. This agreement prohibits the employment of relatives in the bargaining unit under the direct
supervision of relative. Relatives shall include spouse, parents, children, siblings,
grandparents, aunts, uncles, nieces, nephews, grandchildren, and in-laws.
C. Employees are expected to provide services in a respectful and courteous manner regardless of
gender, sexual orientation, gender identity, marital status, race, color, ancestry, national origin,
religion, disability, results of genetic testing, military service, political affiliation, or because of
union activity or membership or lack of same.
If two persons should marry while both are employed, they both may continue their employment. City
policy shall be to avoid any hint of favoritism or discrimination in making such decisions. The
employment of relatives in positions where one might have influence over the other's status or job
security is regarded as a potential violation of this policy.
ARTICLE 3 — SEXUAL HARASSMENT
A. It is the intention of the City to comply fully with applicable State and Federal laws pertaining
to sexual harassment. The City and the Union agree that sexual harassment shall not be permitted
toward any employee of the City.
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B. The City is committed to providing a work environment that is free of discrimination and sexual
harassment. The City shall administer the following policy that has as its goal the prevention and
elimination of discrimination and sexual harassment at all City work sites.
This policy applies to all City employees.
Any request for sexual favors and/or any other verbal or physical conduct of a sexual nature between
employees in the workplace or with citizens or persons outside City employment constitute sexual
harassment and are prohibited. Examples are:
1. Unwelcome sexual advances.
2. Physical or verbal conduct of a sexual nature or joking that is sex -oriented and
considered unacceptable by another individual. This includes commenting about an
individual's body or appearance where such comments go beyond mere courtesy, telling
"dirty jokes" that are clearly unwanted and considered offensive by others, or any other
tasteless sexually oriented comments or actions that offend others.
3. Expressed or implied sexual submission as a condition of employment.
4. Conduct with sexual implication that has the purpose or the effect of interfering with
work performance or creating an intimidating, hostile, or offensive work environment.
Complaints should be directed to department and division supervisors. In the event that the supervisor
or elected official is the person alleged to be sexually harassing an employee, complaints should be
directed to the Director of Human Resources in the form of a "confidential letter".
The Director of Human Resources shall take appropriate action to investigate the complaint including
the use of a third party investigator.
All sexual harassment should be reported. Employees may raise this issue at any time. The best time
to report sexual harassment is immediately after the act occurs.
Prevention is the best policy for the elimination of sexual harassment. Sexual harassment violations
will result in severe disciplinary action.
ARTICLE 4 — DUES AND REPRESENTATION FEES
A. Membership in the Union is not compulsory. Employees have the right to join, not to join,
maintain, or drop their membership in the Union according to Council 62's constitution which states
that to revoke the authorization to deduct dues the request must be made in writing in the month of
August to AFSCME Council 62 stating that employee wants to change to Fair Share or no dues. The
employee's deduction will be changed beginning January the following year. Neither the City nor the
Union shall exert any pressure or discriminate against any employee regarding this matter.
B. The Union has a right in accordance with all state and federal laws, to charge Union dues and/or
Fair Share Fees to bargaining unit members. Bargaining unit employees may choose to have such dues
and/or Fair Share Fees deducted from their wages by signing an authorization form provided by
AFSCME for such deductions. The City agrees to forward such deductions to the duly authorized
representative at AFSCME Council 62, together with a list of the names and social security numbers of
the employees from whose pay such deductions were made.
C. An employee's signed authorization shall remain in effect until revoked, in writing, by that
employee. Deductions shall be made after, and then only to the extent of available net employee
income, following deductions for local, state, and federal tax withholdings, FICA or PERF
contributions or assessments, child support wage withholdings and other legally mandatory wage
withholdings. Changes in the amount of dues and/or fees shall be communicated to the City by the
Union and shall be made effective ten (10) business days after receipt of the notice by City or by the
next regular pay date, whichever is later. Dues or Fair Share Fees shall be deducted on a bi-weekly
basis.
D. It is the intent of this section that any member of the bargaining unit who has dues and/or Fair
Share Fees deducted from their paycheck shall have all outstanding dues and/or fees deducted from
their final paycheck.
E. If an error is discovered with respect to deductions under this provision, the City shall correct
said error by appropriate adjustments in the next paycheck of the employee or the next submission of
funds to the Union.
F. The Union, on its own and not on behalf of the City, may take such action as it deems
appropriate to collect any outstanding dues and/or Fair Share Fees. The Union hereby agrees to
indemnify the City and hold it harmless against any and all claims, demands, suits or other forms of
liability that should arise out of or reason of this section.
G. The City will distribute an informational packet to all union eligible employees upon hire. The
packet will be complied and printed at the union's expense and provided to the City for said
distribution. If the City implements a formal orientation process for new hires during the duration of
this agreement, the union president or designee(s) will be given reasonable time to address the group.
H. Union eligible employees will be afforded the opportunity to participate in the political action
campaign (P.E.O.P.L.E.) through direct payroll deduction. The participation in this program is
completely voluntary. Funds will be remitted to the PEOPLE program in Washington, D.C.
ARTICLE 5 — UNION RIGHTS
SECTION I — UNION MEETINGS AND SUPPORT
A. When requested and subject to availability and the prior approval of a designated member of
City management, the City may provide the Union with meeting space in locations customarily used
for employee meetings.
B. Union membership meetings shall only be attended during non- work hours. Due to varying
and non -uniform lunchtime schedules, general membership meetings shall not be conducted by the
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Union during the lunch period without the prior notice to, and consent of, the City.
C. Bargaining unit employees may wear apparel, pins, hats, etc., that identify the Union, provided
that such apparel does not constitute a health or safety hazard and is otherwise in keeping with the
decorum of dress and appearance reasonably required by City for the particular employee's position.
SECTION II — UNION REPRESENTATIVES' ACCESS TO CITY PREMISES
Upon reasonable notice to City's designated management representative of at least twenty-four (24)
hours (unless circumstances preclude such twenty-four (24) hours notice, in which case the City shall
be given reasonable notice under the prevailing circumstances), Union representatives who are not
regular City employees may have access to areas of City owned or occupied property generally
restricted to the public for the purpose of conducting Union business. The Union representative shall
identify the area of requested access and shall state the reason for the requested access. A
representative of City management may escort the Union representative to such designated non-public
area and may remain with the representative during his/her presence in that area, except during those
times when the Union representative is engaged in private conversation with a bargaining unit member.
Access under this section shall be carried out in accordance with the City's applicable safety policies.
Such access shall not constitute an unreasonable interference with, or disruption of, the conducting of
regular business operations in or on the area of special access.
SECTION III — BULLETIN BOARDS
The City shall provide a reasonable amount of space for the display of Union -provided bulletin boards
that are placed in essential employee work or staging areas. Those designated bulletin boards shall be
for the exclusive use of AFSCME to communicate with bargaining unit members about union business,
programs and activities.
SECTION IV — UNION BUSINESS
A. The City recognizes the right of AFSCME Local 1791 to designate one (1) Union Steward and
one (1) alternate Steward for each Department with the exception of the Sanitation Department which
will have one (1) designated Steward at the Landfill and one (1) designated Steward at the Main Plant
with alternates. Departments are defined for purposes of this Agreement as the Street Department, the
Sanitation Department and the Parks Department. The Union shall notify City of the identity of the
local Union Stewards and Alternate Stewards. The Union shall also provide the City with the identity
of the local Union Officers.
B. The responsibility of the Union Stewards and Alternate Stewards designated by AFSCME shall
include:
1. The investigation, presentation, and adjustment of grievances with the designated City
representative in accordance with provisions of this agreement.
2. Work within the Department and Departmental supervision for the resolution of
complaints before they are reduced to written grievances.
3. The transmission of such messages and information which shall originate with and have
been authorized by AFSCME providing such messages and information have been
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reduced to writing for posting on the bulletin board and/or distribution.
C. The local Union President and designated Union Stewards shall be allowed a reasonable amount
of time at no loss of pay to conduct Union business, including but not limited to, investigating and
preparing for grievance meetings.
D. Except when they are engaged in the activities authorized by this agreement, designated Union
Stewards shall continue at their regular work assignments in the same manner as all other employees.
When it becomes necessary for a steward to conduct permitted Union business as provided herein, the
Steward shall first notify his/her immediate supervisor before leaving the assigned work site.
E. The City shall approve time off with pay for up to a total of fifteen (15) days per year for Union
representatives to attend Union conventions and training.
SECTION V — LEAVE FOR OTHER UNION BUSINESS
A. An employee designated by the Union to attend a Union authorized function or business not
otherwise covered by this agreement may request up to three hundred -sixty five (365) consecutive
calendar days off for the purpose of attending the Union authorized function or business. The
employee may request the use of accrued vacation time, compensatory time or leave without pay for
the purpose of attending the Union authorized function or business not otherwise covered by this
agreement. Any request for such leave shall be submitted in writing at least ten (10) workdays in
advance to the Director of Human Resources and shall be subject to his/her approval.
B. An employee using vacation time or compensatory time to attend a Union authorized function
or business not otherwise covered by this agreement may have these hours restored if the Union
reimburses the City for the vacation or compensatory hours paid by the City to the employee. Vacation
hours can only be restored for use in the calendar year for which these days were eligible to be used
and cannot be restored for use in any other calendar year (cannot be carried over).
C. If an employee uses unpaid leave time pursuant to Sub -Section A of this Section V to attend a
Union authorized function or business, during the period of such leave, the employee shall be entitled
to coverage under City health insurance, life insurance, and retirement programs, provided that all
premiums or contributions (both City and employee shares) are paid by the employee. In addition, the
employee shall continue to accrue service time toward seniority and but shall not receive compensation
for holiday pay or bereavement pay during the unpaid Union leave time.
D. At the end of the leave period, the employee shall be returned to the same position, or a position
comparable to the position held at the time the leave was granted, if such a position is available. If
such a position is not available, the employee will be placed in a similar position or the next best
position available. Upon return from Union leave, the employee's salary shall reflect any general salary
adjustment which was granted to all employees in the affected position.
F. If the employee fails to return to work as scheduled at the expiration of the Union leave, the
employee shall be considered terminated as of the last day that the employee actually worked for the
City.
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SECTION VI — RIGHTS OF EMPLOYEES
A. No adverse action of any kind shall be taken by City or any of City's agents against any
bargaining unit employee by reason of that member's engaging in lawful Union activities including, but
not limited to, participation in collective bargaining negotiations, participating in the process of
grievances, or other such activities as are contemplated by the ordinance.
B. The private life of an employee is not within the appropriate concern or attention of the
employer except when it adversely affects fulfillment of the employee's work responsibility.
C. Employees shall not be required to perform any illegal or unsafe duties or functions.
D. If a civil action is brought against any member of the Union because of any alleged act or
omission by that employee arising out of and committed during the scope of the employee's
performance of his duties as an employee of the City, then the City shall provide a defense for the
employee, unless the employee is found to be grossly negligent in his/her conduct. In doing so, the
City shall be free to designate an attorney of its choice to represent the particular employee. If more
than one employee is a party to the same action then common counsel may be selected by the City to
represent each such employee provided that such dual representation would not create a conflict of
interest for the particular attorney. All costs associated with the provision of such defense, including
payment of damages as a result of the action, shall be borne by the City (or, if applicable, by City's
liability insurance carrier). The provision of a defense by the City shall be with full and complete
reservation of the City's right to discipline the particular employee(s) for any acts or omissions that
were committed by the employee(s) giving rise to the action.
E. If an employee is charged with a crime or misdemeanor for conduct occurring during the course
of the employee's duties with the City and such conduct was at the express direction of the employee's
supervisor or another member of City management in a situation, wherein such City management
member(s) are not also criminally charged, then the City shall provide the employee a defense to such
action by an attorney selected by the City. The City shall also indemnify the employee for any such
fine that might be imposed as a result.
SECTION VII — OPERATING CONDITION OF VEHICLES AND EQUIPMENT
A. The City agrees that all vehicles and equipment shall be kept in good operating condition, so
that they may be operated in accordance with current City policies and procedures. Employees may
request the presence of a Safety Officer to observe and inspect a particular vehicle or piece of
equipment to determine if the same is in a safe and operable condition.
ARTICLE 6 — HOURS OF WORK
A. The working schedule for employees shall consist of eight (8) hour days, forty (40) hour per
week, Monday through Friday. No changes in an employee's normal work schedule shall be made
without the consent of the parties. All hours worked in excess of the forty (40) hour workweek shall be
compensated for as overtime. Paid time off shall constitute hours worked under the provisions of this
paragraph.
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B. Each employee shall be entitled to two paid fifteen (15) minute rest periods and one (1) thirty
(30) minute lunch break each shift. Lunch breaks shall be scheduled at the mid -point of the shift as
much as possible. Employees volunteering to work through their lunch break shall be paid for such
work at the appropriate rate, or, the employee may agree to leave work 11/2 hour prior to the end of the
employee's shift. Additionally, employees who work beyond their regular shift shall be entitled to one
(1) extra fifteen (15) minute break at the end of their regular shift.
C. Employees called back to work outside their normal work schedule shall be entitled to
compensation according to the following schedule:
An employee called out shall be entitled to no less than two (2) hours of pay. The
employee shall be paid from the time he/she leaves their home until they return home
(portal to portal). The employee can be called in by supervision, the answering service
or central dispatch. If the employee receives a call in from central dispatch, they should
call the answering service to notify them that they have been called in by central
dispatch. They should report their on/off time to the answering service operator. When
an employee is called in, the employee will complete all tasks assigned to them during
the call in period. If there are subsequent calls while the employee is on duty, the
employee shall complete the additional assignments. The employee will be paid for the
amount of time worked. If the employee has reported off duty to the answering service
operator and then receives another call out, then this starts another block of time and
becomes a successive callback.
2. Successive callbacks on the same day shall cause the employee to be paid based on two
(2) hour blocks of time. An employee's amount of time on callbacks in any given day,
portal-to-portal shall be added together and the employee shall be paid in accordance to
the two (2) hour block the total time places such employee in. (Example — an employee
called back two (2) times in one (1) day has a total of two and one-half (2 1/2 ) hours.
The employee will be paid for four (4) hours. The employee would be paid six (6) hours
if the total was over four (4) hours but less than six (6), etc.)
Pay shall be at the overtime or holiday rate, whichever applies. An employee will not be required to
remain at his place of work after completing the task for which the employee was the employee was
called back for. Such callback time shall be portal-to-portal.
D. Employees who carry a pager for working purposes, or are on call after their regular shift shall
receive an additional one and one-half (1 I/2 ) hours of premium pay for each day such employee carries
a pager or is on call. If the day is a holiday, they shall be paid two (2) hours of premium pay for each
holiday such employee carries a pager. Such amount is in addition to any other benefits to which the
employee is entitled.
E. Employees who work eight (8) hours or longer in a higher paying position within a pay period
shall be paid the wages of that position for that time worked at the higher position.
ARTICLE 7 — OVERTIME PAY AND SCHEDULING
A. All time worked by employees covered by this agreement in excess of forty (40) hours in a
workweek shall be compensated as overtime. For purposes of this Article, any paid time shall be
considered as time worked. This provision shall not prohibit an employee and his supervisor from
arriving at a mutually acceptable flextime schedule. In such instances, time worked outside of the
normal work schedule shall not result in the payment of overtime. However, schedules shall not be
altered to prevent the payment of overtime. The rate of pay for overtime is one and one-half (1 '/2)
hours times the employee's regular straight -time hourly rate of pay for each hour of overtime worked.
B. Employees may choose compensatory time at the overtime rate in -lieu of overtime payment.
An employee who desires compensatory time in -lieu of overtime payment must give notice in writing
to his/her Department Head that compensatory time accrual is requested. Such request must be made
by the end of the last workday of the pay period after working the overtime. Compensatory time will
be used in a minimum of fifteen (15) minute increments. An employee may use eight (8) hours or less
of compensatory time with the approval of his/her Department Head or the Department Head's
designated representative. The Department Head of the Parks Department may use the Crew Leaders
as his/her designated representative. This time may be used to leave early or in -lieu of sick days.
Employees must give at least forty-eight (48) hours notice of the specific time requested in order to
take more than eight (8) hours compensatory time. Specific dates requested shall be subject to City
approval based upon manpower availability and shall take into account any emergency situation.
Employees may accrue a maximum of one hundred sixty (160) hours of compensatory time. Any
compensatory time not used within six (6) months from date of accrual shall be paid to employees at
the appropriate rate on the next payday following the six (6) months.
C. Overtime shall first be offered to the employee(s) who are normally assigned to do the work. In
the event the overtime assignment is not filled by the approved procedure, overtime shall be offered to
employees within the department who are qualified by seniority, beginning with the employee(s) with
the most departmental seniority. (The City may opt to utilize temporary, part-time or seasonal
employees only after seniority employees have been offered the said overtime.) In the event such
overtime is still not filled, the overtime shall be assigned to bargaining unit employees with the least
departmental seniority that are qualified.
D. Supervisors and other non -bargaining unit employees will not be allowed to perform overtime
work if a bargaining employee is willing to work such overtime. Provided however, this prohibition
shall not preclude such supervisors or other non -bargaining employees from assisting in any emergency
or non -routine isolated situations.
E. In the event the City errs in assigning overtime in accordance with this Article, the employee
who was entitled to the work and only that employee shall be awarded compensatory time for the
number of hours equal to that which the employee would have worked but for the mis-assignment.
Such compensatory time shall not be included in the total allowable amount of compensatory time as
stated in section B above.
F. The exception to the forty (40) hour overtime rule applies to emergency call -in. Employees
required to respond to emergencies during off work hours shall be paid for time worked at the rate of
one and one-half (1 '/2 ) times the regular rate of pay or be compensated with one and one-half (1 '/2 )
times off for compensatory time, regardless of total hours worked in any given week.
G. In the event that an employee wants to cash in accumulated compensatory time, he/she may do
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so by submitting a written request to their supervisor for inclusion with the time cards for the next pay
period.
ARTICLE 8 — WORK RULES
A. This Collective Bargaining Agreement supersedes any personnel policies, work practices or
work rules in conflict with a specific provision of this Agreement. The City agrees that before
implementing, materially changing, or abolishing a personnel policy, work practice or work rule, the
Union shall be given reasonable notice of at least fifteen (15) workdays prior to any such
implementation, change or abolition. The City agrees to give the Union an opportunity to meet and
discuss any such contemplated action upon timely request by the Union within said fifteen (15)
workday period. For clarification "The Union" consists of a hard copy notice to the Local Union
President and AFSCME Council 62, Executive Director or designee with an email of the notice to the
Vice -President and Recording Secretary.
B. The City shall post, in all facilities that have union bulletin boards, copies of all newly
established, changed or proposed for elimination written personnel policies, written work rules or
written work practices/procedures for at least ten (10) work days prior to any such action by the City.
ARTICLE 9 — PERSONNEL RECORDS
A. Copies of all materials placed in an employee's personnel file shall be made available to the
employee upon request. An employee may place documents relevant to the employee's work
performance in the personnel file. Any entries relative to disciplinary matters shall be shared with the
employee by management within ten (10) days of the alleged incident or within ten (10) days of when
management reasonably became aware of the circumstances, conduct or event giving rise to such
discipline and shall be first shared with the affected employee before being placed in the employee's
personnel file. The employee shall sign all such entries. The employee's signature shall not constitute
an admission by the employee as to any matter set forth in the written material, but shall merely
document the fact that the material was shared with the employee. The signature of such employee
merely acknowledges receipt of such action, and does not constitute an admission of guilt, or a waiver
of such employee's rights under the grievance procedure.
B. Union representatives shall have access to a bargaining unit member's files or materials which
are not subject to disclosure by the Indiana Access to Public Records Act provided such Bargaining unit
member has authorized such access to the Union. Documents or materials subject to disclosure by the
Act shall be provided upon request. An employee shall have access to all files pertaining to such
employee. Files shall be open for inspection during regular business hours and a copy of requested
material shall be provided to the Union or employee at no cost.
C. Disciplinary action for minor offenses shall be pulled from all files one (1) year from the date of
such discipline. All other disciplinary actions shall be pulled from all files two (2) years from the date
of such discipline. For purposes of this section, the term "minor" shall mean any oral or written
disciplines and the term "major" shall mean any suspensions.
ARTICLE 10 —DISCIPLINE AND DISCHARGE
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A. Employees shall not be disciplined or discharged except for just cause. Just cause for discipline
or discharge shall include violations of reasonable rules and regulations established by the City. The
parties recognize the authority of the City to take appropriate disciplinary action.
B. The City shall be guided by the following Principles of Just Cause in determining if reasonable
cause exists:
1. Was the employee adequately warned of the probable consequences of the
employee's conduct?
2. Was the employer's rule or order reasonably related to the efficient and safe
operation of the employee's job function and the business of the City?
3. Did management investigate before administering the discipline?
4. Was management's investigation fair and objective?
5. Did the investigation produce substantial evidence or proof that the employee was
guilty of the offense?
6. Has the employer applied its rules, orders and penalties evenly and without
discrimination?
7. Was the amount of discipline reasonably related to the seriousness of the offense and
the employee's past service and record?
The failure of management to have met all of the criteria above shall not necessarily imply the resulting
discipline was without reasonable cause.
C. When an employee is disciplined or discharged, he/she shall be notified of the specific
violation, in writing and signed by the employee's supervisor and a copy of such notice shall be given
to the employee and the Steward.
D. Disciplinary action shall be administered within ten (10) working days of the alleged incident
which gave rise to such discipline or within ten (10) working days from the date management became
aware of, or should have become aware of the incident. Discipline shall be progressive in nature. Any
disciplinary notice or warning issued as herein provided shall not remain in effect for a period of more
than twelve (12) months from the date of said notice or warning.
E. Whenever it is determined that a suspension, demotion, or termination may be appropriate, a
pre -deprivation meeting shall be held with the employee at which the employee shall be entitled to
Union representation. Such meeting shall be conducted during normal work time. The employer shall
give the employee reasonable notice of a pre -deprivation meeting and such notice shall contain the
charges against such employee, along with all evidence pertaining to such charges. The employee
and/or the employee's Union Representative shall be given ample opportunity to respond, refute, or
rebut any/all evidence against such employee. No final determination shall be made prior to such
meeting with the employee. The employee and his/her Union Representative shall be notified of a
decision within five (5) workdays after the pre -deprivation meeting.
F. Employees shall be entitled to Union representation in any individual conference, disciplinary
investigation interviews, disciplinary meetings, or if the employee reasonably believes that such
meeting may lead to discipline.
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G. Employees who are suspended pending the outcome of an investigation and prior to a pre -
deprivation meeting shall receive their normal pay during the period of such suspension, or until they
are afforded such pre -deprivation meeting.
H. It is the intent of the parties that each individual incident leading to a violation of the rules and
regulations be weighed on its own merits, evidence and seriousness for the purpose of discipline.
Extenuating circumstances may be considered in the determination of the proper discipline to be
issued.
I. There shall be no pyramiding of discipline. Where more than one disciplinary action can be
applied to a single action requiring discipline, only that action which creates the greatest penalty shall
apply.
ARTICLE 11 — GRIEVANCE PROCEDURE
SECTION 1 — GENERAL PROVISIONS
A. A grievance is defined as a dispute as to the meaning, interpretation, application of or
compliance with the expressed terms of this Agreement, City policy, work rules or law raised by one or
more employees during the term hereof. It is agreed by all the parties that all disputes or alleged
grievances shall be reduced to writing on forms furnished by AFSCME Local Union #1791 and shall be
settled in accordance with the procedure outlined as follows in this Article.
B. Written grievances shall contain a clear and concise statement of the alleged grievance, the issue
involved and the relief sought and in such instance shall state the specific provision or provisions of
this Agreement of which a violation is claimed. Grievances which do not satisfy these requirements
shall be returned to the Union for compliance. This will not affect the time limits if the original
grievance is filed within time limits specified herein and the corrected grievance is returned in proper
form within two (2) days.
C. Except with respect to the right to initiate and present complaints at the Oral Complaint Step,
the Union shall be the exclusive representative of the interests of an employee covered by this
Agreement in the processing and redress of grievances arising under this Agreement.
D. No discussion shall occur on a grievance until the designated Union Representative can be
present at the grievance meeting with the employee.
E. Failure of the employee or Union to comply with the time limits under this Article shall cause
the grievance to be lost by the Union.
F. Failure of the City to comply with the time limits under this Article shall cause the grievance to
be lost by the City.
G. The time limits at any step may be extended by mutual agreement, in writing, by the parties
involved at that step.
SECTION II — GRIEVANCE STEPS
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It is the intent of this Article that grievances be resolved at the earliest possible step of the grievance
procedure and to this end full discussion and disclosure of all information shall be provided to the
Parties and the Recording Secretary of the Union at all steps. Grievances shall be processed in
accordance with the following procedure:
ORAL COMPLAINT
Any employee or employees having a question or problem concerning his/her work or concerning the
meaning or interpretation of this Agreement shall first take up such questions or problems with their
immediate supervisor within five (5) working days of the event that led to the question or problem. All
matters that are thus settled by a conference with the immediate supervisor shall not be considered as a
grievance as that term is used herein. Any matter that is not settled by a conference with the immediate
supervisor and alleges a violation of this Agreement shall be subject to the Grievance Procedure as
hereinafter set forth. Every effort should be made to resolve the complaint satisfactorily at this
conference. A written summary of any unresolved complaint, signed by both parties, shall be submitted
by Management to the Office of Human Resources within three (3) working days after the conference.
When the written summary is submitted by Management to the Office of Human Resources, the
Director of Human Resources or authorized representative shall sign and date the written summary.
STEP ONE
If the grievance is not resolved in Oral Complaint Step above, the grievance must be submitted by the
Union within five (5) working days of receipt of the written summary in Oral Complaint Step to the
Department Head or authorized representative for discussion with the employee and the Steward of the
Local Union. The Department Head or authorized representative and the Steward shall confer to
mutually agree on a date for a Step One meeting for discussion of the grievance within ten (10)
working days after receipt of the Step One grievance. At the conclusion of this meeting, the
Department Head or authorized representative shall give a written answer within five (5) working days
after such meeting is held. The written answer shall contain a clear and concise statement as to why the
grievance was approved or denied. Answers which do not satisfy these requirements shall be returned
to the City for compliance. This will not affect the time lines if the original answer is filed within time
limits specified herein and the corrected answer is returned in proper form within two (2) days.
STEP TWO
If the grievance is not resolved in Step One above, the grievance must be submitted by the Union
within ten (10) working days of receipt of the answer in Step One to the Director of Human Resources
or authorized representative for discussion with the President of the Local Union or authorized
representative, and the employee and/or Steward. The Director of Human Resources or authorized
representative and the President of the Union or authorized representative shall confer to mutually
agree on a date for a Step Two meeting for discussion of the grievance within ten (10) working days
after receipt of the Step Two grievance. At the conclusion of this meeting, the Director of Human
Resources or authorized representative shall confer with the Mayor and then give the Union a written
answer within ten (10) working days after such meeting is held. The written answer shall contain a
clear and concise statement as to why the grievance was approved or denied. Answers which do not
satisfy these requirements shall be returned to the City for compliance. This will not affect the time
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limits if the original answer is filed within time limits specified herein and the corrected answer is
returned in proper form within two (2) days.
CLASS ACTION GRIEVANCES:
The Union may file a class action grievance if such grievance covers a group of affected employees.
Class Action Grievances shall be initiated at Step two (2) of the Grievance Procedure. A Class Action
grievance must be submitted to the Director of Human Resources within five (5) working days of the
event that led to a question or problem that affects a group of employees. The Director of Human
Resources or authorized representative shall confer to mutually agree on a date for a Class Action
grievance meeting for discussion of the grievance within ten (10) working days after receipt of the
Class Action grievance. At the conclusion of this meeting, the Director of Human Resources or
authorized representative shall confer with the Mayor and then give the Union a written answer within
ten (10) working days after such meeting is held. The written answer shall contain a clear and concise
statement as to why the grievance was approved or denied. Answers which do not satisfy these
requirements shall be returned to the City for compliance. This will not affect the time limits if the
original answer is filed within time limits specified herein and the corrected answer is returned in
proper form within two (2) days.
GRIEVANCES CONCERNING SUSPENSIONS, TERMINATIONS AND DEMOTIONS
Grievances concerning suspensions, terminations, and demotions shall be initiated by the Union at Step
Two of the Grievance Procedure. A grievance concerning suspensions, terminations, and demotions
must be submitted to the Director of Human Resources with five (5) working days of the event that led
to suspension, termination or demotion. The Director of Human Resources or authorized
representative and the President of the Local Union or authorized representative shall confer to
mutually agree on a date for a meeting for discussion of the grievance within ten (10) working days
after receipt of the grievance. At the conclusion of this meeting, the Director of Human Resources or
authorized representative shall confer with the Mayor and then give the Union a written answer within
ten (10) working days after such meeting is held.
STEP THREE
If the grievance is not resolved at Step Two, the grievance must be submitted to the Director of Human
Resources by the Union, within ten (10) working days for presentation to the Grievance Committee.
The Grievance Committee shall be composed of the Mayor or authorized representative, the Director of
Human Resources, the AFSCME Business Agent, the Department Head, the employee and/or Steward,
and the Local Union President or authorized representative.
The Grievance Committee shall meet and confer at a mutually selected site for the purpose of resolving
the grievance within ten (10) working days of the Step Three grievance being submitted to the Director
of Human Resources. The Director of Human Resources will be responsible to provide a written
decision to all members of the Grievance Committee within ten (10) working days of the close of the
meeting. The written answer shall contain a clear and concise statement as to why the grievance was
approved or denied. Answers which do not satisfy these requirements shall be returned to the City for
compliance. This will not affect the time limits if the original answer is filed within time limits
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specified herein and the corrected answer is returned in proper form within two (2) days.
STEP FOUR
If the grievance is not resolved in Step Three (3) above, the Union or the City must submit such
grievance to arbitration within thirty (30) calendar days from the date of such decision by the
Grievance Committee by written notice to the Federal Mediation and Conciliation Service (FMCS), the
Director of Human Resources and AFSCME Council 62.
Use of Arbitrator
A. The Union shall file the request for arbitration to the FMCS for processing in accordance with
its rules and regulations. FMCS shall submit a list of seven (7) arbitrators, who are members of the
American Federation Association, to the parties.
B. The parties shall meet within thirty (30) working days from receipt of such list, and shall
alternately strike names of arbitrators until six (6) names have been eliminated and the person whose
name remains on the list shall be selected to act as the impartial arbitrator. Lot will determine the party
striking first.
C. Expenses for the Arbitrator's services shall be borne by the losing party. If either party desires a
verbatim record of the proceedings, it may cause such a record to be made, provided that it pays for the
record.
D. The decision of the arbitrator shall be final and binding on the parties and employees involved
except with respect to either party's right to judicially appeal such decision in accordance with
applicable law.
ARTICLE 12 — PROBATIONARY EMPLOYEES
A. The probationary period is intended to give new employees the opportunity to demonstrate their
ability to achieve a satisfactory level of performance and to determine whether the new position meets
their expectations. The City uses this period to evaluate employee capabilities, work habits, and overall
performance.
B. All new and rehired employees work on a probationary basis for the first forty-five (45)
workdays after their date of hire. Any significant absence will automatically extend the probationary
period by the length of the absence.
C. Newly hired employees who worked as a full-time temporary employee in the classification
they are hired into shall have the amount of time such employee worked as a full-time temporary
employee deducted from the probationary period.
D. Upon satisfactory completion of the probationary period, employees enter the "regular"
employment classification.
E. During the probationary period, new employees are eligible for those benefits that are required
15
by law, such as Worker's Compensation insurance and Social Security.
F. They may also be eligible for other employer -provided benefits, subject to the terms and
conditions of each benefit program. Employees should read the information for each specific benefit
program for the details on eligibility requirements.
G. Apprenticeship Programs
SANITARY — SEWER MAINTENANCE
APPRENTICESHIP CREWMAN PROGRAM
(One (1) Year Program)
The following is a description of the apprenticeship program for the Sewer Maintenance Department of
the Richmond Sanitary District. It is a one (1) year program consisting of two required classes.
Classes to be completed:
Three (3) day Confined Space Entry Class
Trenching and Shoring
Must have a valid operator license and need to be able to obtain a class A CDL License with the
required endorsements within the one (1) year period.
Management will arrange the classes for the Apprentice to attend for the Apprenticeship and will get
the books and information to the Apprentice for the Collection System Certification; the Apprentice
will need at least six (6) months of on the job experience before taking the Exam ( a requirement for
taking the test). The Collection System Certification is offered but not mandatory. Also the Apprentice
will be required to go to all Safety Seminars or Training put on by the District or other sources.
Some classes may be changed or ones of equal value may be added in their place due to availability.
Failure to complete the program in one (1) year will result in disqualification from the Sewer
Maintenance Apprentice Program. Upon disqualification, employee will be placed on lay-off status
subject to recall and placement in the first available position for which the employee is most senior and
qualified.
Pay Schedule:
Start 90 percent
1 A year anniversary 100 percent
The above is a percentage of the crewman's pay; therefore pay will increase as crewman pay increases.
If a Sewer Maintenance Crewman Apprentice has completed a minimum of six (6) months in the
program and has completed all the classes, in-house exams and other obligations required by this
apprentice program as determined by supervision, the Sewer Maintenance Crewman Apprentice shall
become a Crewman and be moved to 100% of the pay rate for the position.
WASTEWATER OPERATION APPRENTICE
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(Two (2) Year Program)
Must obtain Indiana Class I Wastewater Certification within twenty-four months of acceptance into the
Wastewater Operator Apprentice program. Failure to do so shall result in being terminated from the
Wastewater Operator Apprentice program.
Must pass a thirty day evaluation. Failure to do so shall result in being terminated from the Wastewater
Operator Apprentice program.
Must pass four evaluations and in -plant exams, by a score of 70% or higher, which are administered by
the Plant Superintendent. Failure to pass any one evaluation or in -plant exam shall result in being
terminated from the Wastewater Operator Apprentice program.
Upon disqualification, employee will be placed on lay-off status subject to recall and placement in the
first available position for which the employee is most senior and qualified.
Pay Schedule:
Start 90%
1St year anniversary 95%
2°d year anniversary 100%
If an Operator Apprentice has completed a minimum of eighteen (18) months in the program and
obtains a Class I Wastewater Certification, the Operator Apprentice shall be moved to 100% of the pay
rate for the position. However, the employee would continue to be a Wastewater Operator Apprentice
for the balance of the two (2) year program and must satisfactorily complete all of the in-house exams
required by the program.
WASTEWATER MAINTENANCE MECHANIC APPRENTICE
(Four (4) Year Program)
The following is a description of the apprentice program for the Wastewater Maintenance Department
of the Richmond Sanitary District. It is a four (4) year program consisting of eight (8) classes.
Classes to be completed:
TEC 113 Basic Electricity
IMT 203 Machine Maintenance and Installation
HEA 101 Heating Fundamentals
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IDS 114
Introductory Welding
IDS 104
Fluid Power Basics
BCT 202
Plumbing Fundamentals
IDS 103
Motors and Motor Controls
IMT 122 — 516
Electrical wiring Fundamentals
These classes are offered by Ivy Tech State College. Classes are to be taken at least one per semester
Fall and Spring), two per year. Classes may be taken in the Summer but that is not required. Some
classes are only offered once per year. If scheduling problems occur, pay for the fourth year will not be
held back, and the incomplete class should be taken at the first opportunity.
Some classes may be changed or removed by Ivy Tech. In such case, the class schedule may be altered
or revised.
Classes will be waived only when proper verification is given that a class or acceptable equivalent has
been completed.
CDL (Class A) License must be obtained sometime during the four-year program.
Failure to complete the program in four (4) years may result in disciplinary action including
disqualification from the program. The apprentice will not be punished for any scheduling problems
that may occur. Upon disqualification, employee will be placed on lay-off status subject to recall and
placement in the first available position for which employee is most senior and qualified.
Pay Schedule
Start 90 percent
1 year anniversary 92.5 percent
2 year anniversary
95 percent
3 year anniversary
97.5 percent
4 year anniversary
100 percent
The above is a percentage of the Mechanic III pay therefore pay will increase as Mechanic III pay
increases. The above schedule is to be followed even if classes are completed early. Upon completion
of the apprenticeship, job title becomes Mechanic III.
ARTICLE 13 — LAYOFF
A. The parties agree the City has the right to layoff employees for lack of funds or other legitimate
reasons. The City shall have the right to determine which departments shall be affected by such layoff.
The Union shall be entitled to meet with representatives of the City to discuss the layoff.
B. The City shall give the Union and all affected employees at least thirty (30) days advance notice
of any layoff. In the event of a legitimate/verifiable emergency, the thirty (30) day time may be
reduced by mutual agreement of the parties. The Union will not unreasonably withhold agreement.
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C. In effecting a layoff in any department, all employees in the specified department shall be
considered. For purposes of layoff only, the Sanitary District shall be considered one (1) department,
the Parks Department shall be considered one (1) department, and the Street Department shall be
considered one (1) department. Employees shall be laid off in the following order:
1. Temporary/part-time employees.
2. Contracted employees: If contracted work results in the layoff of a Bargaining
Unit employee, the City must give the Union at least six (6) months written
notice in advance of such layoff. During that time the City agrees to discuss with
the Union alternatives to the contracted work and resulting layoff. The City shall
retain the right to proceed with its initial decision if no alternative agreement is
reached in the six (6) month period.
3. Probationary employees
4. Full-time employees in the affected department(s) with the least departmental
seniority.
D. Any employee who has been notified of pending layoff has the right; provided they possess the
minimum qualifications and/or City required certifications, to be placed within another vacant position
within the Bargaining Unit. Such employees shall have the right, without any loss of seniority; to
return to the position he/she was laid off from if such position becomes open in the future.
E. Any employee within the affected department may take a voluntary layoff in lieu of another full
time employee being laid off. Subject to departmental seniority and operational considerations
determined by the City.
F. Employees who have been laid off will be placed on a recall list. Employees shall be recalled in
reverse order, from which employees were initially laid off. The City shall not hire into a department
affected by the layoff until all laid off employees on the recall list for that department have been
reinstated or decline the position when it is offered. The City shall provide two (2) weeks notice by
certified mail to employees being recalled at their last known address. Any employee, who fails to
respond to such notice or fails to return to work at the date and time specified in said notice, shall
forfeit all recall rights.
G. An employee recalled after being laid off shall be credited as having unbroken, continuous
service.
ARTICLE 14 — DRUGS AND ALCOHOL TESTING
Drugs and alcohol are highly detrimental to the safety and productivity of employees in the work place.
[L:
No employee may be under the influence of any illegal drug or alcohol while in the work place, while
on duty, or while operating a vehicle or equipment owned or leased by the City.
In accordance with the Drug -Free Work Place Act of 1988, and the State of Indiana Drug -Free
Workplace Executive Order No. 90-5 of 1990, the City must maintain a drug -free work place. The
unlawful manufacture, possession, distribution, transfer, purchase, sale, use, or being under the
influence of alcoholic beverages or illegal drugs, while on the employer's property, while attending
business -related activities, while on duty, or while operating a vehicle or machine leased or owned by
the City is strictly prohibited and may lead to disciplinary action, including suspension without pay or
discharge, according to the provisions of this Article. When appropriate, the City may refer the
employee to approved counseling or rehabilitation programs.
While on official business or when an employee may be deemed a representative of the City, he/she
must comply with this policy as a condition of employment.
An employee convicted of a drug -related crime occurring in the workplace shall notify the City within
five (5) calendar days of the conviction. The City shall notify the appropriate government agency
within ten (10) days of the conviction. Appropriate personnel action, up to and including termination,
or possible discipline and/or participation in a drug abuse assistance or rehabilitation program, may
result after notice of the conviction is received.
Employees may use physician prescribed medications, provided that the use of such drugs does not
adversely affect job performance of the safety of the employee or other individuals in the work place.
Employees may keep physician prescribed drugs and over-the-counter medications on City premises.
The employee shall notify his supervisor of the presence of prescription drugs on the City premises.
The City recognizes that employees may wish to seek professional assistance in overcoming drug or
alcohol problems. Employees should contact the Director of Human Resources for more information
about the benefits potentially available under the employee medical benefit plan and any possible
referral results.
The City is committed to providing a safe, efficient, and productive work environment for all
employees. In keeping with this commitment, employees may be asked to provide body substance
samples (e.g., blood, urine, breath) to determine the illicit use of marijuana, cocaine, opiates,
amphetamines, alcohol, barbiturates, phencyclidine (PCP) or any other illegal drugs. The City will
comply with applicable regulations regarding the confidentiality of such test results.
Drug tests, whether random, post accident, reasonable suspicion, return to duty or follow-up tests, shall
be conducted according to the criteria and procedures set out in the applicable regulations of the United
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States Department of Transportation (DOT) or such other agency of appropriate jurisdiction.
The Department Head may determine job classifications for which random drug testing is applicable,
but such determinations shall be made in a manner consistent with applicable regulations.
Probable cause testing occurs when work place behavior indicates that an employee on duty is under
the influence of drugs or alcohol. Such behavior must be witnessed by a least one (1) supervisor or
crew leader on duty who has been trained in the detection of probable alcohol or drug use by the
observation of human behavior.
In cases where a positive test is confirmed, the employee shall submit to appropriate counseling
including but not limited to rehabilitation, with the costs and expenses to be paid by the employee.
Provided the employee authorizes the City's Director of Human Resources to receive all relevant
confidential medical information related to the employee, and complies with the reasonable directives
of the Substance Abuse Professional with whom the employee is working, the City agrees that the
employee shall suffer no adverse job action as a consequence of such an initial positive test.
In the event an employee tests positive for drugs or alcohol a second time, adverse employment action
may follow up to, and including, suspension without pay or discharge.
The City reserves the right to promulgate work rules and procedures that are necessary to implement
the drug and alcohol testing procedures to which reference is made in this Article 14. All such rules
and procedures shall comport with the minimum requirements of applicable state or federal regulations.
Questions concerning this policy or its administration should be directed to the City's Director of
Human Resources.
ARTICLE 15 — SENIORITY AND YEARS OF SERVICE
SECTION I — DEFINITIONS
Seniority shall consist of the employee's total length of service, within the Bargaining Unit. For
purposes of this Agreement, the following forms of seniority shall be considered:
A. City Seniority: An eligible employee's total length of continuous service in a permanent
position or succession of positions within the employ of the City.
B. An AFSCME Bargaining Unit employee who is promoted or transfers to a non -bargaining unit
job within the City will have his/her departmental seniority frozen upon the effective date of such
action and shall not accrue departmental seniority while assigned to such job. If transferred back into
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the Bargaining Unit within one (1) year after leaving for a position outside the Bargaining Unit, the
employee shall have their departmental seniority restored, minus the amount of time such employee
worked outside the bargaining unit.
C. Street Department Seniority: An eligible employee's total length of continuous service within
the Street Department.
D. Sanitation District Seniority: An eligible employee's total length of continuous service within
the Sanitation District.
E. Sanitary Department Seniority: An eligible employee's total length of continuous service within
a department of the Sanitary District. The departments within the Sanitary District shall consist of the
following divisions:
1. Landfill
2. Solid Waste Garage Stationed Employees
3. MRF Stationed Employees
4. Wastewater Treatment Operations/Lab
5. Administration
6. Wastewater Maintenance
7. Sewer Maintenance
8. Solid Waste Maintenance
F. Park Department Seniority: An eligible employee's total length of continuous service within the
Parks Department.
G. Years of Service: An employee's total length of service with the City.
H. When a full-time regular employee is placed off work or on short term or long term disability
due to an illness or injury, the employee shall continue to accumulate seniority for twelve (12) months.
If the employee is unable to return to work after twelve (12) months, seniority will terminate. As
vacancies occur in positions that the employee is able to perform, the employee will be offered the
work opportunities in seniority order.
SECTION I1— NEW HIRES
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A. Each new full-time employee hired as a probationary employee shall not be entitled to seniority
privileges under the terms of this Agreement until the successful completion of the probationary period.
Upon completion of the probationary period, the employee shall be considered a regular employee and
shall have seniority from his/her date of hire.
B. Full-time or part-time temporary service shall not count towards an employee's seniority.
SECTION III — APPLICATION
All matters determined by seniority, as defined in this Article, are provided in specific Articles in this
Agreement.
SECTION IV — TERMINATION OF SENIORITY
A. City Seniority: An employee's City seniority will be terminated if any of the following occur:
1. The employee resigns from City employment;
2. The employee is discharged for just cause;
3. The employee retires from City employment.
B. Street Department, Park Department and Sanitary District Seniority: In addition to section to
Section I above, an employee's seniority in the Street Department, Sanitary District and/or Sanitary
District Department will terminate if an employee voluntarily leaves such department or District.
C. An employee voluntarily transferring into the Street Department, Park Department, Sanitary
District, or a Sanitary District Department shall forfeit their seniority rights within the respective
department or district which the employee transferred from and shall begin their seniority anew within
the new department or district.
D. An employee involuntarily moved from a department or district shall have their seniority within
the department frozen and such seniority shall be reinstated at such time as the employee returns to the
department or district. Such employee's seniority shall begin anew within the new department or
district.
SECTION V — TIES
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When two (2) or more employees have the same seniority, the tie shall be resolved by their City
Seniority. Should a tie still exist due to two (2) or more employees having identical dates of hire, the
tie shall be resolved by reference to the last four (4) digits of tied employees' social security numbers
with the highest four (4) digit number receiving preference.
SECTION VI — SENIORITY LISTS
A. A copy of the Seniority List shall be provided to the Union and shall be made available for
review by the employees.
B. An employee shall be obligated to notify the City of any error in the current City Seniority List
within thirty (30) calendar days after the date the list is made available for employee review.
C. When the Seniority Lists established in this Article are prepared, a copy shall be provided to
each work site.
D. Seniority reports shall include the names of all Bargaining Unit employees along with their
current department, classification, and all corresponding seniority dates.
E. A seniority report shall be prepared within thirty (30) calendar days from the effective date of
this Agreement, and the first pay period in January and July thereafter.
F. Seniority lists are to remain posted until a new list is prepared.
SECTION VII — DEPARTMENTAL SENIORITY LIST
A departmental seniority list of all eligible employees shall be provided, posted and kept current.
ARTICLE 16 — JOB BIDDING
SECTION I — Posting
All Bargaining Unit job vacancies within the City shall be posted for three (3) workdays in all City
facilities. For purposes of this Agreement, a vacancy shall mean any Bargaining Unit position, whether
vacated or newly created, that the City seeks to fill. Copies of all Bargaining Unit job postings shall be
forwarded to all departments and to the Recording Secretary of the local Union on the day of posting.
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SECTION II — BIDDING
A. All employees covered by this Agreement, except newly hired employees in their probationary
period, may bid on a Bargaining Unit posted position.
B. Bargaining Unit employees working within the department of the posted position shall be given
first priority for bargaining unit positions. The most senior qualified employee with the most seniority
that meets the minimum qualifications for the position, at the time of the bidding, who bid on the
posting, shall be awarded the posted position.
C. In the event such position is not filled by an employee with the department, Bargaining Unit
employees who work outside the department shall be given the next priority. . The most senior
qualified employee with the most City seniority that meets the minimum qualifications for the position
who bid on the Bargaining Unit position shall be awarded the posted position.
D. After an employee has successfully bid into a position, that employee will be given a fifteen
(15) workday trial period. It is agreed that during the trial period, the employee will be counseled,
advised of progress, and made aware of needed improvements by the employee's immediate supervisor
or authorized representative. The results of this meeting will reduced to writing and provided to the
employee and the Union steward. There will be a minimum of two (2) of the described meetings
during the fifteen (15) workday trial period. At any time during the fifteen (15) workday trial period,
the employee may elect to return to his/her previously held position with no loss of seniority. In such
case, the City shall then award the originally posted position to the next senior qualified employee who
had previously bid on the position.
E. In the event an employee is disqualified from a Bargaining Unit position, that employee will be
placed on layoff status subject to recall and placement in the first available position for which that
employee is the most senior and qualified.
ARTICLE 17 — VACATION AND HOLIDAYS
Regular full-time employees are eligible to earn and use vacation time as described in this policy. Paid
vacation time is based on a calendar year that begins on January 1 of each respective year. The amount
of paid vacation time employees receive each year increases with the length of their employment as
shown in the following schedule:
Vacation Schedule
Year of hire up to 8 days
25
Year 2
up to 10 days
Year 3
10 days
Year 4
10 days
Year 5-9
15 days
Year 10-15
20 days
Year 16-19
22 days
Year 20-up
25 days
The number of vacation days to which an employee is entitled during the first and second years of
employment is dependent upon the hire date and the date on which the probationary period expires. An
employee must have served at least a forty-five (45) workday probationary period in which no paid
vacation is granted. One (1) vacation day shall be earned for each complete calendar month worked
after the expiration of the probationary period. No more than ten (10) vacation days may be earned for
use during the calendar year if the employee's probationary period expires during the second calendar
year.
The City may restrict the number of approved vacations during any work week based upon the
operational needs of the particular department.
Vacation requests submitted by employees prior to February 28 of a given year shall be considered and
granted (subject to the department's operational needs) in accordance with the applicant's respective
departmental seniority. Such vacation requests shall be approved by the City prior to March 15 of that
year. Once approved by the City, an applicant's vacation request can only be withdrawn, or approval
can only be revoked by the City, with the mutual consent of the parties.
This vacation schedule is based upon total City seniority (as defined herein in Article 15 of this
Agreement); as such seniority exists on January 1 of the year in which vacation benefits are to be taken.
Vacation time off is paid at the employee's base pay rate at the time of vacation. Employees may not
carry unused vacation time forward to the next benefit year.
An employee taking a vacation during a week in which a holiday falls shall not be charged for a
vacation day for that particular holiday.
Upon termination of employment, employees will be paid for unused vacation time that has been
earned through the last day of work.
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HOLIDAYS
The City of Richmond specifies thirteen (13) paid holidays to be observed by the City each year. The
holiday schedule will be posted in City facilities.
According to applicable restrictions, the City will grant paid holiday time off to all full-time employees
upon assignment to an eligible employment classification.
Holiday pay will be calculated based on the employee's straight -time pay rate (as of the date of the
holiday) times the number of hours the employee would otherwise have worked on that day.
All full-time employees shall receive regular pay for those holidays designated by the City.
If an eligible employee is required to work on a recognized holiday, he/she will receive holiday pay at
one and one-half (1 ''/2) times his/her straight -time rate for the hours worked on the holiday. Straight -
time, or base rate, pay is the employee's weekly rate of pay divided by forty (40) hours.
The Director of Human Resources, with approval of the Mayor, will prepare an annual holiday
schedule with thirteen (13) holidays, on or before December 1 of the preceding year, in observance of
the following holidays and any others deemed appropriate:
New Year's Day
Martin Luther King Day
Good Friday
Easter Sunday ( for those who are scheduled to work regularly on Easter)
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
ARTICLE 18 — PERSONAL DAY, SICK DAY, AND LEAVE OF ABSENCE
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Personal Day
Every regular full-time employee is eligible for two (2) personal days that may be taken on any day
throughout the year. Personal days will be used in a minimum of fifteen minute (15) increments.
Newly hired employees that complete their probationary period after January 1 shall receive one (1)
personal day for the balance of the calendar year.
Sick Days
Regular employees shall receive eight (8) sick days a year. Said sick days shall accrue on January 1 of
every year.
A. Sick days are used as a protection for the employee or immediate family in the case of illness,
or medical, dental, eye examination or treatment for which arrangements cannot be made outside of
normal working hours. Sick days will be used in a minimum of one-half (1/2 ) hour increments.
B. The department head or supervisor may request documentation of illness from a physician after
three (3) consecutive workdays. After seven (7) consecutive workdays of absence due to employee
sickness, documentation of illness from a physician is mandatory.
C. An employee may accumulate an unlimited number of such sick leave days. The employee's
balance may be carried forward from one year to the next. If an employee exhausts all accumulated
time, by permission of the Department Head unpaid leave may be granted.
D. Employees that complete their probationary period after January 1 earn one (1) sick day for
each complete month worked after completing their probationary period up to a maximum of eight (8)
days for the calendar year.
E. Unused sick days will not be paid to an employee at the time of separation from the City except
for the following circumstance: Any employee who retires from the City of Richmond, Indiana with
twenty (20) years of service will receive their regular rate of compensation for all unused sick days to a
maximum of thirty (30) days.
Leave of Absence
A. Leave of absence without pay may be granted any full-time employee after one (1) year of
employment with the City. Such leave shall not exceed twelve (12) consecutive months. An employee
may submit a written request to his/her supervisor for a leave of absence with an explanation of the
purpose and term requested. Such request will be subject to approval of the City.
B. A leave may be requested for any reason including education, health or family responsibilities
not covered by any other provision of this policy. Requests for leave of absence for reasons of illness
or injury must be accompanied by a doctor's certificate in support of the same. During such period,
vacation leave shall not accrue, and such employee shall not receive compensation for designated
holidays. Health insurance benefits may be retained under the Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA).
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C. Upon returning to work after an approved leave of absence, every reasonable effort will be
made to return the employee to his/her previous position. If the vacated position was filled during the
employee's absence, employment will be offered in a similar position or the next best position when the
next opening occurs.
D. An employee granted a leave must give written notice to the City of intent to return to work at
least (14) calendar days prior to his/her return or the expiration of the leave of absence period,
whichever occurs first. If the employee fails to notify the City, the employee will be considered
terminated as of the last day he/she actually worked for the City.
E. The City agrees that employees who have their driving privileges suspended and are unable to
perform the required duties of his/her position will be granted a Personal Leave of Absence without
pay, not to exceed 12 months in duration, during which time the employee may bid, in accordance with
Article 16 — JOB BIDDING for other positions that he/she is qualified to perform. However,
employees with suspended driving privileges for medical reasons will be given preference over
employees with moving violations.
ARTICLE 19 — BEREAVEMENT LEAVE
A. If an employee wishes to take time off due to the death of an immediate family member, the
employee should notify his/her supervisor immediately. The employee shall use the City supplied
Bereavement Form to provide the City with the details of the bereavement and to request extra days for
special circumstances.
B. Up to three (3) days with pay will be allowed for death in the immediate family which includes:
spouse, child, step -child, father, step -father, mother, step -mother, brother, step -brother, sister, step-
sister, mother-in-law, father-in-law, grandchild, grandparent, grandparent of spouse, unborn child of an
employee, or significant other residing in the same household.
C. One (1) day with pay will be allowed upon the death of a brother-in-law, sister-in-law, aunt,
uncle, niece, nephew, or first cousin.
D. Absences for other funerals, as well as extra days for special circumstances shall be considered
on a case by case basis. When extra days are approved by the employee's immediate supervisor or the
supervisor's authorized representative, the employee may elect to use accrued vacation days, personal
days and/or sick days for these extra days.
E. Any days "taken off' for bereavement must be taken to correspond with the calling and/or
subsequent funeral of the deceased.
ARTICLE 20 — JURY LEAVE
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A. Any employee of the City shall receive leave to serve on a jury.
B. The employee's pay will be adjusted to reflect the difference between the employee's regular
salary and the compensation received for jury duty. If an employee is required to appear in court in
response to a duly served subpoena, his/her supervisor shall be notified and leave for the required
period of time will not result in loss of pay.
C. Employees must show the jury duty summons to their supervisor as soon as possible so that the
supervisor may make arrangements to accommodate the employee's absence. The employee is
expected to report for work whenever the court schedule permits.
D. Either the City or the employee may request an excuse from jury duty if, in the employer's
judgment, the employee's absence would create serious operational difficulties.
E. The employer will continue to provide all regular benefits for the full term of the jury duty
absence.
F. Part-time and temporary employees shall receive no wages for time spent on jury duty, but shall
be entitled to retain any compensation received for such service.
ARTICLE 21 — MILITARY LEAVE
A. A military leave of absence will be granted to all City of Richmond employees, except those
occupying temporary positions, to attend scheduled drills or training, or if called to active duty with the
United States (US) armed forces.
B. Employees who are members of a Reserved Unit or National Guard Unit shall be granted leave
for the annual training period, and are entitled to civilian (City) and Military pay up to fifteen (15) days
a year when on training duties pursuant to proper orders issued by appropriate military authority.
C. Required military leave will not be charged against an employee's accrued time.
D. Employees on two (2) week active duty training assignments or inactive duty training drills are
required to return to work for the first regularly scheduled shift after the end of training, allowing
reasonable travel time.
E. Employees on longer military leave must notify the employer of the intent to return to
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employment in accordance with all applicable state and federal laws.
F. Upon return from military leave, in accordance with current law, the returning employee is
entitled to be reinstated in their former position or to a comparable one. Every reasonable effort will be
made to return eligible employees to their previous position. They will be treated as though they were
continuously employed for purposes of determining benefits base.
ARTICLE 22 — FAMILY AND MEDICAL LEAVE
The City shall abide by all applicable provisions of the Family Medical Leave Act (FLMA) as from
time to time amended.
The FLMA of 1993 requires employers of fifty (50) or more employees to provide eligible employees
with up to 12 weeks of unpaid leave in a twelve (12) month period for their own serious illness, the
birth or adoption of a child, or the care of a seriously ill child, spouse or parent. For an employee to be
eligible for medical leave, he/she must have been employed by the City of Richmond for at least one
year and have worked one -thousand two hundred and fifty (1,250) hours within the previous twelve
(12) month period.
In addition, any employee who completes a period of leave must be returned either to the same position
the employee was in prior to the leave, or to a position equivalent in pay, benefits and other terms and
conditions of employment.
When an employee plans to take Family Medical Leave under the Act, the employee is required to give
the City thirty (30) days written notice or, if this is not possible, as much notice as is practical. All sick
days accumulated in the current year must be taken prior to the start of FMLA Leave. The employee
may elect to use vacation time to run concurrently with a FMLA Leave. An employee undergoing
planned treatment is required to make a reasonable effort to schedule the treatment to minimize
disruptions to City operations.
The City may require an employee to report periodically during the leave period on the employee's
leave status and the employee's intention to return to work. The employer may consider an employee's
failure to report to work at the end of the leave period as an employee's resignation.
The City will require medical certification to support a claim for leave for an employee's serious illness
or the serious illness of a child, spouse or parent. For an employee's own medical leave, the
certification must include a statement that the employee is unable to perform the functions of his/her
position.
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For leave to care for a seriously ill child, spouse, or parent, the certification must include an estimate of
the amount of the employee's time that will be needed to care for the child, spouse, or parent. The City
reserves the right to require a second medical opinion from an independent medical provider. The City
will pay for the second opinion and will designate a provider who is not an employee of the City of
Richmond. If the two (2) opinions conflict the City will pay for a third opinion. The opinion of the
third provider is final and binding on both the City and the employee.
All provisions of the FMLA of 1993 are not incorporated and set out in full herein; however, the FMLA
of 1993 shall govern this policy. A copy of said Act is on file in the Office of Human Resources. (All
accrued vacation leave may be applied to maternity leave for pay purposes.)
ARTICLE 23 — INSURANCE AND OTHER BENEFITS
A. The City shall continue to provide group health insurance and life insurance for active members
of the AFSCME Local 1791 Bargaining Unit as is provided for other active City employees. The City
shall pay at least eighty percent (80%) of the cost and the employee shall pay not more than twenty
percent (20%) of the cost. In the event any other employees (or group of employees) are offered
insurance benefits at a higher level and/or less cost, then all employees covered by this Agreement shall
be offered the same or better benefits at the same cost offered to other employees.
B. In the event the City has or makes available any other type of insurance coverage, such as
vision or personal property insurance, to any City employee(s), the City shall also offer such coverage
to employees covered under this Bargaining Agreement at the same cost and coverage as provided to
other City employees.
C. Working spouses, either full-time or full-time equivalent, as defined by State Law in which the
spouse is employed, of active employees or retirees with healthcare insurance available shall not be
covered by the City's healthcare plan.
D. The City will hold employee contributions at Plan Year 2016 rates for Plan Year 2017.
E. The City agrees to repair or replace an employee's prescription eye glasses broken or damaged
in the performance of the employee's job, as certified by the employee's immediate supervisor.
F. The City agrees to recognize each Union regarding insurance matters. The Unions recognized
are FOP, IAFF, AFSCME, and Amalgamated Transit Union (referred to hereafter as Bargaining Units).
The City and Bargaining Units agree to recognize the following guidelines for the Health Insurance
Committee;
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1. One (1) vote per Local Union and one for non -represented employees.
2. Committee agrees to recognize one (1) member from the City Council as a liaison
and they shall have no voting privileges.
3. The Committee may meet at least once per month and the City will provide financial
statements for the previous month.
4. The City agrees that any funds moved out of the Health Insurance Fund must come
to the Committee for a majority vote. The vote of the Health Insurance Committee
will be used as a recommendation tool to the City Council.
5. A Recording Secretary will also be appointed to keep minutes of each meeting with
no voting rights.
G. The City shall contribute toward the City's health insurance premiums of any eligible retiree
who chooses to remain on City insurance, subject to the following terms and conditions:
a. If the retiree elects to remain a part of the City's PPO Plan, the City shall charge the retiree one
dollar ($1) annual premium or contribution for coverage for the retiree and his/her spouse who exists at
the time of retirement. Such premium contribution does not include subsequent spouses. Coverage
under any Plan, at any cost, shall only be available to the spouse and dependent children of the retiree
in existence at the time of retirement ( or born subsequent to retirement with a spouse in existence at
the time of retirement), and not to subsequent stepchildren or natural children born with a subsequent
spouse. A retiree's spouse with healthcare insurance available to them shall not remain on the City's
Plan.
Any working spouse of a retiree who retired before January 1, 2013 will be eligible to remain on the
City's Healthcare Insurance.
b. A retiree who subsequently obtains other full-time or full-time equivalent employment, as
defined by State Law in which the retiree is employed, that offers Healthcare Insurance shall not be
covered by the City of Richmond's Healthcare Plan as primary, but with the City of Richmond's
Healthcare Plan as secondary, if allowed by State or Federal Law.
Current retirees and current full-time employees that have retired prior to January 1, 2013 will still be
eligible to remain on the City's Healthcare Plan.
C. A retiree or spouse otherwise eligible for retiree coverage, who is not covered under the City's
Plan due to being eligible for another Plan, covered by another plan, or covered as an active employee
by the City's Plan, and later loses such eligibility or coverage, may enroll again for retiree coverage
prior to the age sixty-five (65) under late enrollment provisions or specified qualifying events.
d. The retiree's or eligible spouse's eligibility for retiree Health Insurance benefits shall continue
until the retiree or spouse becomes eligible for Medicare coverage as prescribed by 42 U.S.C. 1395, et
seq.
e. The amount of the City's contribution to any retiree hereunder shall be subject to subsequent
modification through the Collective Bargaining process and resulting change in terms of this Collective
Bargaining Agreement, whether such changes occur before or after a particular retiree's effective date
of retirement.
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f. For the purpose of this section, an "Eligible Retiree" is defined to be a member of the AFSCME
Local 1791 Bargaining Unit, who retires from active duty in good standing, has twenty (20) or more
years of service to the City of Richmond and has attained the age of fifty-five (55).
g. The insurance contribution benefits hereunder shall only be available to those Eligible Retirees
whose first effective date of retirement is on or after January 1, 2006 and to those retirees and/or
dependents of a retiree who were participating in the City's group health insurance as of December 31,
2005.
ARTICLE 24 — LIGHT DUTY WORK
A. For purposes of this Article, the term "Department" means the Richmond Sanitary District, the
City of Richmond Parks Department and the City of Richmond Street Department.
B. A request for light duty will require a doctor's certification. Restrictions resulting from the
employee's injury must be listed. Specifically, it must state what types of work the employee is able to
perform. A doctor's certification indicating light duty with no specified restrictions will not be
accepted. If due to the restrictions, the Department cannot accommodate the employee, then light duty
will not be approved.
C. Employees requesting light duty in excess of three (3) days will be sent to Reid Hospital's
Occupational Health Program for assessment of those injuries and restrictions in order to determine
what course of action needs to be followed by the Department. The Department will cover the cost of
the assessment.
D. Each Department shall maintain a list of tasks normally anticipated acceptable as light duty.
Employees on light duty are expected to perform any of the tasks assigned to them that are not
restricted by their doctor.
ARTICLE 25 — SHORT AND LONG TERM DISABILITY
A. The City shall continue to provide short-term disability protection and long-term disability
insurance to the members of the Bargaining Unit, at no cost to the employees, and at the benefit levels
that prevail at this time. The employee shall use at least seven (7) sick days during the waiting period
if they have them, but may opt to use more than seven (7) sick days that they have earned to get full
pay during the time off. They will not be forced to use all accumulated sick days they have banked.
B. The City shall notify an employee at least forty-five (45) days in advance of such employee's
short-term disability benefit expiring and provide an explanation of such employee's responsibility to
apply for long-term disability benefits.
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ARTICLE 26 — AMERICANS WITH DISABILITIES ACT
The City shall abide by all applicable provisions of the Americans with Disabilities Act, as from time to
time amended.
ACTICLE 27 — LABOR/MANAGEMENT COMMITTEES
SECTION I — STANDING COMMITTEE
A. A Departmental Safety and Health Committee and a Departmental Labor/Management
Committee shall be established by the Street Department, the Sanitation Department and the Park
Department. Each committee shall consist of an equal number of members from the Department and
the Union and each party shall select its own representative(s).
B. The Departmental Safety and Health Committee shall meet at mutually agreeable times and
places. No committee member shall suffer loss of pay to attend committee meetings.
C. The Department and the Union shall jointly establish the agenda in advance of each meeting.
D. The purpose of the Health and Safety Committee is to discuss safety issues of mutual concern,
including unsafe operations, and use of equipment.
E. The purpose of the Labor/Management Committees is to discuss issues of mutual concern. In
addition to the Departmental Labor/Management Committee, a joint Labor/Management Committee
consisting of the Director of Human Resources, each Department Head, and four (4) representatives
from the Union shall be established and will meet quarterly to discuss issues of mutual concern. The
Director of Human Resources and Secretary of the Union shall jointly prepare an agenda for each
meeting. If there are no issues to discuss, there will not be a meeting.
F. A mutually agreed committee member shall take minutes to be reviewed by both parties for
approval and dissemination and all committee recommendations shall be in writing.
ARTICLE 28 — TRAINING
A. The City shall provide City required training from certified trainers and programs on a regular
basis to employees. Training provided shall be for the purpose of improving the quality, efficiency, and
safety of the workplace. The City shall provide "cross -training" on specific tasks or operation of
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equipment. Also, employees shall be offered the opportunity to work in the more skilled positions to
get the cross training and experience necessary to be qualified to bid into the more skilled and higher
paying positions. This training shall be offered in the employee's first year of employment. The City
will assist employees in obtaining a CDL, where relevant by providing training and the use of City
equipment. After receiving the appropriate training, the employee will receive out of class pay per
Article 6, Section E when transferred to a higher paying position.
B. The City shall pay for City required CDL physical exams and job related certifications. The
employee may only use a medical examiner that is on the National Medical Registry for obtaining a
Medical Examiner's Certificate.
C. The City shall continue its current Educational Assistance Plan for employees which shall be
attached to and made part of this Agreement as Appendix A.
ARTICLE 29 — CONTRACTING OUT
A. The City may contract or subcontract work normally and regularly performed by members of
the Bargaining Unit, however, if such work is to result in the layoff of any Bargaining Unit employee,
the City must give the Union at least six (6) months written notice in advance of such layoff. During
that time, the City agrees to discuss with the Union and/or the affected employee(s) any alternatives to
the contract work and resulting layoff, but the City shall retain the right to proceed with its initial
decision.
B. Except in emergency or non -routine isolated situations, supervisors and non -Bargaining Unit
City employees shall not perform work normally assigned within the Bargaining Unit.
ARTICLE 30 — PREMIUM CONVERSION (Tax Saver)
Pursuant to the State's qualified conversion plan under Section 125 of the Internal Revenue Code,
withholdings of contributions for insurance for employees shall be paid on a pre-tax basis.
ARTICLE 31 — RETIREMENT
A. The City shall continue to participate in the Public Employee's Retirement Fund (P.E.R.F.) and
agrees to abide by all the terms and conditions as outlined in P.E.R.F. Regulations.
B. Refer to Article 23 G for Insurance requirements and benefits.
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ARTICLE 32 — WAGES AND OTHER COMPENSATION
SECTION I — WAGE AGREEMENT
A. The AFSCME Bargaining Unit employees covered by this Agreement shall receive a two percent
(2%) across the board wage increase for 2017 over corresponding 2016 wages.
If the City negotiates a higher across the board raise or bonus with any other City Bargaining Unit, the
AFSCME Unit shall also receive such higher raise or bonus. If the City reduces non -wage benefits for
the other Bargaining Units and places those savings in wage increases for the other Bargaining Units,
the raise provided shall not be considered a raise for purpose of this paragraph.
All new hires (probationary employees) hired after January 1, 2010 shall be paid during their
probationary period as follows:
Starting Rate 90% of Base
After Probationary Period 100% of Base
B. A three -hundred dollar ($300) annual stipend shall be paid for each Street Department, Park
Department, and Sanitation Department worker whose position requires them to have a CDL license. If
a worker's position description requires a special endorsement, a fifty dollar ($50) annual stipend shall
be paid for each required endorsements. However, all Bargaining Unit workers with a Tanker
Endorsement shall receive a fifty ($50) annual stipend for the tanker Endorsement.
In addition, the City will grandfather in all Sewer Maintenance employees that do not want to get the
Class A CDL license. The position description in this department will be revised to require any
employee(s) that bid into or that are hired into this position in the future to have a Class A CDL license
with the required endorsements. Employees that hold this position presently will be required to get the
proper endorsements.
C. A two -hundred and fifty dollar ($250) annual stipend shall be paid to those Sanitation
Department employees who are required to have a Waste Water Treatment Plant Operator's license. As
incentive to encourage the Operators to continue training, a twenty-five dollar ($25) annual stipend will
be paid to the Operator for each class of license received over the minimum Class I license
requirement.
D. A two -hundred dollar ($200) annual stipend shall be paid to the Park Department Floral Crew
Leader and Street Department tree crew members whose position is required to have a restricted -use
Pesticide Applicator's License. Street Department tree crew members that have a line clearance tree
trimmer certification shall be paid a fifty ($50) annual stipend, if their certification is current.
E. All bargaining unit employees with the exception of Administrative Assistants shall receive a
five -hundred dollar ($500) clothing allowance for boots, coveralls, clothing and cleaning.
Administration Assistants shall receive a two -hundred and seventy-five dollar ($275) clothing
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allowance. The clothing allowance shall be paid the first pay period in March 2017.
F. All employees shall continue to receive Personal Protection Equipment (PPE) items as
determined by the City at no charge to the employee. PPE will be issued on an as needed basis with
damaged items turned in for replacement. Requests for PPE as a result of negligence ( lost or left at
home) will be honored and the employee will be charged the cost of the item requested. Any PPE
obtained or purchased outside of the employer must have approval of the Safety Coordinator for
compliance with OSHA Regulations.
G. Applicable stipends will be paid to those employees on the payroll roster as of March 1 of each
calendar year. All stipends and allowances shall be paid on the first pay period in March, in a separate
check. Any employee added to the payroll roster after March 1 (i.e. new hires) will receive their
stipends after completion of their probationary period or trial period on a prorated basis. They shall be
paid one- twenty sixth (1/26) of the stipend for each remaining pay period in the year. Any employee
that receives a compensable certification or license after March I" of each calendar year shall be paid
one -twenty sixth (1 /26) of the compensation for each remaining pay period in the year.
SECTION II — LONGEVITY PAY
As an incentive for continuous service with the City of Richmond, each active AFSCME Local 1791
Bargaining Unit employee covered by this Agreement shall receive longevity pay as follows:
2017 $20.00 per year of service
For the purpose of this Section, an employee's years of service shall begin accruing on January 1 of
their year of hire and shall continue to accrue each year on January 1. It is understood that an
employee's year of hire is counted as a full year. Longevity payments will be made the first pay period
in December each year. Upon termination of employment, an employee will be paid their final prorated
longevity payment with their last check. They shall be paid one twenty-sixth (1 /26) of the longevity
payment for each pay period completed in the current year.
ARTICLE 33 — SEVERABILITY AND SAVINGS CLAUSE
SECTION I
Should any part of this Agreement or any provisions contained herein be declared invalid by a tribunal
of competent jurisdiction, and/or Federal or State Legislation, governmental regulation, or court
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decision, it shall be of no further force and effect. Such invalidation of a part or provision of this
Agreement shall not invalidate the remaining portions and they shall remain in full force and effect.
SECTION II
A. In the event any provision herein is rendered invalid, upon written request of either party hereto,
the employer and the Union shall meet promptly for the purpose of negotiating a lawful alternative
provision within thirty (30) working days. Only that issue or provision terminated shall be the subject
of the negotiations to replace it.
B. Interim Bargaining on the invalid provision shall not be required if the determination of the
invalidity of the particular contract provision is made by the respective court, panel or tribunal within
ninety (90) days of the date when Bargaining on a successor Agreement is scheduled to begin.
ARTICLE 34 — NO STRIKE / NO LOCK OUT
A. During the term of this Agreement, AFSCME agrees that it shall not authorize any strikes,
slowdowns, stoppages of work, unlawful picketing, boycotts, or willful interferences with the regular
or orderly conduct of City's business affairs within the areas of responsibility of either the Bargaining
Units or of any other department of the City, by the Union or its members, whether or not authorized by
the Union, engaged in such concerted activities.
B. The City agrees that during the term of this Agreement there shall be no lock -out of the Union
members as a class of workers. Provided, however, nothing contained in this Article shall imply any
undertaking on the part of the City to assure a continued level of employment to all Union members
during the term of this Agreement.
ARTICLE 35 — MANAGEMENT RIGHTS
The Parties recognize the exclusive right, responsibility and authority of the City to manage the
operations of the City, included but not limited to, the right to select and hire, to promote, to discipline
and to superintend discipline for just cause: and to maintain efficiency of operations; and to determine
the schedules of work, the schedules of hours and shifts, the exclusive right to establish rules of
conduct and require employees to comply with these rules. It is agreed that the enumeration of the
above listed management rights shall not be deemed to exclude other management rights not
specifically enumerated. Any of the rights, powers, functions, or authority which the City had prior to
signing of this Agreement are retained by the City, except those rights, powers, functions, or authorities
that are specifically limited or regulated by a specific provision of this Agreement, in which case, the
AFSCME Local 1791 Bargaining Unit shall have recourse to Article 11, Grievance Procedure, of this
Agreement.
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ARTICLE 36 — WAIVER OF INTERIM BARGAINING
Except as specifically provided herein at Article 36, the parties mutually acknowledge that during the
bargaining that resulted in this Agreement, each had the unlimited right and opportunity to make
proposals with respect to any subject or matter permitted by the Ordinance to be a subject of collective
bargaining and that the understanding and agreements arrived at by the parties after the exercise of that
right and opportunity are set forth in this Agreement. Therefore, the Union and the City, for the term of
this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall
not be obligated, to bargain collectively with respect to any subject or matter not specifically referred to
or covered in this Agreement, even though such subject may not have been within the knowledge or
contemplation of either or both of the parties at the time that this Agreement was bargained, ratified, or
executed.
ARTICLE 37 — GENERAL PROVISIONS
SECTION I — JOB POSTINGS
With the exception of appointed positions and seasonal employees, the City agrees to continue the
practice of posting all vacancies within the City for a minimum of three (3) workdays in the Bargaining
Unit facilities. Fire and Police vacancies are also excluded.
SECTION II — BARGAINING UNIT AUTONOMY
The parties agree that no other Bargaining Unit will have a direct impact upon this Bargaining Unit or
this Agreement.
SECTION III — RETROACTIVE PROVISIONS
All provisions of this Agreement including wages shall be retroactive to January 1, 2017.
SECTION IV — PARK DEPARTMENT VOLUNTEERS
The parties agree that the Richmond Parks and Recreation's use of volunteers in partnership with the
community, area groups and organizations shall continue. The parties also agree that the volunteers
used to assist in Park events and activities shall not be used to involuntarily displace regular employees.
SECTION V - PROBATIONARY EMPLOYEES
Probationary employees have the right to join the Union subject to Article 4 of this Agreement upon
hire. The probationary employee may be laid off or discharged as exclusively determined by the City
during the probationary period.
Probationary employees are eligible for Bereavement Leave, Jury Leave, and Holiday pay while in
their probationary period.
Probationary employees who have completed one (1) month of continuous employment with the City
are eligible for the City's group health insurance on the first day of the month following the completion
of the one (1) month of continuous employment.
ARTICLE 38 - DURATION
This Agreement shall become effective upon its ratification by the parties and shall remain in full -force
through December 31, 2017. On or about February 1, 2017 the City and Union agree to begin
negotiations on the next year's contract. These negotiations shall be subject to the fact-finding
provision of the City Ordinance. In event the parties have not reached a new agreement by the
termination date, this Agreement shall continue to be in force until the parties have reached and ratified
a new Agreement. Neither party shall have the authority to amend, delete, or otherwise change any part
of this agreement during its term, unless otherwise authorized within this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the V" day of
MArch , 2017.
AFSCME Local 1791 Negotiation Team
I=C *�Staff
SIGNATURES
DATE: .3 - ,3 - 1
DATE: 3-3-1-1
City I
Richmo , Indiana, through its Board of Public Works and Safety (Street Department)
DATE:
41
City of Richmond, Indiana through its Park Board
City of Richmond, Indiana, through its Sanitary
(Sanitaf D artment)
na
v.!I.MROWN
lr1
Commissioners for Richmond Sanitary District
GN
DATE: 0 db _