HomeMy Public PortalAbout005-2010 - AFSCME Contract (1-1-2010-12-31-2012)AGREEMENT
BETWEEN
THE CITY OF RICHMOND
THE AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL
EMPLOYEES
LOCAL 1791
JANUARY 01, 2010
THROUGH
DECEMBER 31, 2012
Contract No. 5-2010
INDEX
ARTICLE
1
RECOGNITION
PAGE
1
ARTICLE
2
NON-DISCRIMINATION
PAGE
2
ARTICLE
3
SEXUAL HARASSMENT
PAGE
3
ARTICLE
4
DUES AND REPRESENTATION FEES
PAGE
3
ARTICLE
5
UNION RIGHTS
PAGE
4
ARTICLE
6
HOURS OF WORK
PAGE
7
ARTICLE
7
OVERTIME PAY AND SCHEDULING
PAGE
8
ARTICLE
8
WORK RULES
PAGE
9
ARTICLE
9
PERSONNEL RECORDS
PAGE
9
ARTICLE
10
DISCIPLINE AND DISCHARGE
PAGE
10
ARTICLE
11
GRIEVANCE PROCEDURE
PAGE
11
ARTICLE
12
PROBATIONARY EMPLOYEES
PAGE
14
ARTICLE
13
LAYOFFS
PAGE
17
ARTICLE
14
DRUG AND ALCOHOL TESTING
PAGE
18
ARTICLE
15
SENIORITY AND YEARS OF SERVICE
PAGE
19
ARTICLE
16
JOB BIDDING
PAGE
21
ARTICLE
17
VACATIONS AND HOLIDAYS
PAGE
22
ARTICLE
18
PERSONAL DAYS, SICK DAYS, AND
PAGE
24
LEAVES OF ABSENCE
ARTICLE
19
BEREAVEMENT LEAVE
PAGE
25
ARTICLE
20
JURY LEAVE
PAGE
26
ARTICLE
21
MILITARY LEAVE
PAGE
26
INDEX
ARTICLE
22
FAMILY AND MEDICAL LEAVE
PAGE 26
ARTICLE
23
INSURANCE AND OTHER BENEFITS
PAGE 27
ARTICLE
24
LIGHT DUTY WORK
PAGE 29
ARTICLE
25
SHORT AND LONG TERM DISABILITY
PAGE 29
ARTICLE
26
AMERICANS WITH DISABILITIES ACT
PAGE 29
ARTICLE
27
LABOR/MANAGEMENT COMMITTEE
PAGE 29
ARTICLE
28
TRAINING
PAGE 30
ARTICLE
29
CONTRACTING OUT
PAGE 30
ARTICLE
30
PREMIUM CONVERSION
PAGE 30
ARTICLE
31
RETIREMENT
PAGE 30
ARTICLE
32
WAGES AND OTHER COMPENSATION
PAGE 31
ARTICLE
33
SEVERABILITY AND SAVINGS CLAUSE
PAGE 31
ARTICLE
34
NO STRIKE / NO LOCKOUT
PAGE 31
ARTICLE
35
MANAGEMENT RIGHTS
PAGE 33
ARTICLE
36
WAIVER OF INTERIM BARGAINING
PAGE 33
ARTICLE
37
GENERAL PROVISIONS
PAGE 33
ARTICLE
38
DURATION
PAGE 34
APPENDIX A - EDUCATIONAL ASSISTANCE PROGRAM
APPENDIX B - BEREAVEMENT REQUEST FORM
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 City recognizes
Local 1791 of the American Federation of State, County, and Municipal Employees
("AFSCME") as the exclusive bargaining agent, for the purposes set forth in the Ordinance, of
all employees of the City's Street Department, Park Department, and of the Richmond 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)":
1. Excluded SanitM District Positions
a. Director
b. Engineer
c. Assistant Engineer
d. Engineering Assistant
e. WWTP/Maintenance Manager
f. Finance Manager
g. Customer Service Manager
h. Collection and Recycling Manager
i. Landfill Manager
j. Collection Manager
k. Superintendent
1. Assistant Superintendent
m. Sewer Maintenance Manager
n. Health and Safety Officer
o. Operator of Record and Permits Coordinator
2. Excluded Street Department Positions
1
a. Street Commissioner
b. Office Manager
c. Administrative Assistant
3. Excluded Park Department Positions
a. Park Superintendent
b. Assistant Park Superintendent
c. Administrative/Special Projects Director
d. Receptionist/Clerk
e. Golf Division Director
f. Golf Pro
g. Golf Superintendent
h. Special Events Coordinator
i. Widowed Persons Service Coordinator
j. RSVP Coordinator
k. Senior Services Coordinator
1. Recreation Facilities Specialist
m. Community Recreation Coordinator
n. Sports/Fitness 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 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, there shall be no discrimination, intimidation,
coercion, or harassment by the City or by the Union against any employee because of that
employee's sex, race, color, national origin, creed, age, handicap, veteran's status, 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 supervisory personnel. Relatives shall include spouse, parents, children, siblings,
grandparents, aunts, uncles, nieces, nephews, grandchildren, and in-laws.
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.
2
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.
B. The City of Richmond 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
worksites.
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 job related contacts 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 is considered sexual harassment.
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 except
you will only be permitted to withdraw from membership in the month of January each year.
Neither the City nor the Union shall exert any pressure or discriminate against any employee
regarding this matter.
3
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 notice by
City or by the next regular pay date, whichever is later. Dues or Fair Share Fees shall be
deducted on a semi-monthly basis.
D. It is the intent of this section that any member of the bargaining unit who has dues and/or
Fair Share Fees to be 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 by reason of this section.
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 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 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 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
4
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 City's
applicable safety policies. Such access shah 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 designated 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 or Alternates so designated by AFSCME shall
include:
(a) The investigation, presentation, and adjustment of grievances with the designated
City representative in accordance with provisions of this agreement.
(b) Work within the Department and Departmental supervision for the resolution of
complaints before they are reduced to written grievances.
(c) The transmission of such messages and information which shall originate with and
have been authorized by AFSCME providing such messages and information have
been 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)
5
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 requests for such Ieave 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, 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 the Union leave, the employee's salary shall
reflect any general salary adjustment which was granted to all employees in the affected
position.
E. 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.
SECTION Vl- 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. Employee's 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 to
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 a defense, including payment of damages that might be awarded as a result of
the action, shall be borne by City (or, if applicable, by City's liability insurance carrier). The
N
provision of a defense by City shall be with full and complete reservation of 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 City and such conduct was at the express direction of the
employee's supervisor or other member of City Management in a situation wherein such City
Management members are not also criminally charged, then City shall provide the employee a
defense to such action by an attorney selected by City. City shall also indemnify 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) hours
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.
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 1/2 hour
prior to the end of the employee's shift. Additionally, employees who work beyond their regular
shift shall be entitled to one extra fifteen (15) minute break at the end of their regular shift.
C. Employees called back to work outside of 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 amount of 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
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 1/2) hours of premium pay for each day such
employee carries a pager or is on call. Such amount is in addition to any other benefits to which
the employee is entitled.
E. Employees who work 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 (1-1/2) hour's 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 or 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 one half (1/2) hour increments. An
employee may use eight (8) hours or less of compensatory time with the approval of his or 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 above procedure, overtime shall be
offered to employees within the department by qualified 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 is qualified.
D. Supervisors and other non -bargaining unit employees will not be allowed to perform
overtime work if a bargaining unit employee is willing to work such overtime. Provided
E:1
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 errors to assign 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 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 1 1/2
times the regular rate of pay or be compensated with 1 %2 times off for compensatory time,
regardless of total hours worked in any given week.
H. In the event that an employee wants to cash in accumulated compensatory time, he/she may
do so by submitting a written request to their supervisor for inclusion with the time cards for the
next pay period.
ARTICLE S - 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 Local Union President,
Vice -President, Recording Secretary, and AFSCME Council 62, Executive Director or
designee.
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 circumstance, 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 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 members have 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
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-deprivational meeting and
10
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 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 investigative interviews, disciplinary meetings, or if the employee reasonably
believes that such meeting may lead to discipline.
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.
1. 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 I I - GRIEVANCE PROCEDURE
SECTION I- 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 here of. 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. 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 2 of the Grievance Procedure.
D. Grievances concerning suspensions, terminations, and demotions shall be initiated by the
Union at Step 2 of the Grievance Procedure.
F. Except with respect to the right to initiate and present complaints at the Oral Compliant
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.
G. No discussion shall occur on a grievance until the designated union representative can
be present at the grievance meeting with the employee.
11
H. 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.
I. Failure of the City to comply with the time limits under this Article shall cause the
grievance to be lost by the City.
J. 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
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 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 issue satisfactorily at this conference. A written summary of any
unresolved compliant, signed by both parties, shall be submitted by Management to the Office
of Human Resources within three (3) working days after the conference.
_01101!10M
If the grievance is not resolved in Oral Compliant Step above, the grievance must be submitted
by the Union within five (5) working days of receipt of the answer in Oral Compliant 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 Two meeting for discussion of the grievance
within ten (10) working days after receipt of the Step One answer. 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.
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. The Director of Human Resources or authorized representative and the President of the
Local Union 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 One answer. At the
conclusion of this meeting, the Director of Human Resources or authorized representative shall
12
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 may be submitted to the Director of
Human Resources by the Union, within ten (10) workdays 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, and the Local 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) workdays of the written 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) workdays of the
close of the meeting.
STEP FOUR
If the grievance is not resolved in Step Three above, the Union or the City may 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 FMCS, the Director of Human Resources and
AFSCME Council 62.
Use of Arbitrator
A. The Union shall file the request for arbitration to the Federal Mediation and Conciliation
Service (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 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 parry's right to judicially appeal such decision in
accordance with applicable law.
ARTICLE 12-PROBATIONARY EMPLOYEES
A. The orientation 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.
13
B. All new and rehired employees work on an orientation 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 orientation period.
D. Upon satisfactory completion of the orientation period, employees enter the "regular"
employment classification.
E. During the orientation period, new employees are eligible for those benefits that are required
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. See Addendum 1, Sanitary -Sewer Maintenance Apprentice Crewman Program
Addendum I
SANITARY -SEWER MAINTENANCE
APPRENTICE 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-year program consisting of two
required classes.
Classes to he completed:
Findley College --------------------------- 3-day Confined Space Entry Class
Trenching and Shoring Seminars --------- Wherever we can set up classes (Indy)
High school or GED equivalent
Must have a valid operator license and need to be able to obtain CDL License within the one-
year period.
We will set up the classes for you to attend for the apprenticeship and will get the books and
information to you for the Collection System Certification; you will need at least six 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 you 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 year will result in disqualification from the Sewer
Maintenance Apprentice Program. Upon disqualification, employee will be placed on lay-off
14
status subject to recall and placement in the first available position for which employee is most
senior, qualified.
Pay Schedule:
Start 90 percent
I St year anniversary 100 percent
The above is a percentage of the crewman pay; therefore pay will increase as crewman pay
increases. The above pay schedule is to be followed even if classes are completed early. Upon
completion of the apprenticeship, job title becomes Crewman.
WASTEWATER OPERATION APPRENTICE
(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 Inplant exams, by a score of 70% or higher, which are
administered by the Plant Superintendent. Failure to pass any one Evaluation or Inplant exam
shall result in being terminated from the Wastewater Operator Program.
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, qualified.
Pay Schedule:
Start 90 percent
ISt year anniversary 95 percent
2" a year anniversary 100 percent
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 as required by the program.
WASTEWATER MAINTENANCE MECHANIC
(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-year program consisting of eight
classes.
Classes to be completed:
TEC 113 Basic Electricity
15
IMT 203
Machine Maintenance and Installation
HEA 101
Heating Fundamentals
IDS 114
Introductory Welding
IDS 104
Fluid Power Basics
BCT202
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 a case, the class schedule may
need to be altered or revised.
Classes will be waived only when proper verification is given that a class or an acceptable
equivalent has been completed.
CDL license must be obtained sometime during the four-year program.
Failure to complete the program in four years may result in disciplinary action including
disqualification from the program. Again, 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, qualified.
Pay Schedule
Start 90 percent
I 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 111.
ARTICLE 13 - LAYOFFS
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.
16
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 frame may be reduced by mutual agreement of the parties. The Union will not
unreasonably withhold agreement.
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
Department. The Parks Department shall be considered one Department. And the Street
Department shall be considered one 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 employee 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. In the event any employees wish to take a voluntary layoff,
departmental seniority and operational considerations determined by the City shall be the
determining factors.
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 written 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 - DRUG AND ALCOHOL TESTING
Drug and alcohol use is highly detrimental to the safety and productivity of employees in the
work place.
17
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.
Failure to comply with those laws could jeopardize government funds that the City receives.
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 or 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. 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 all 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 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 all 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 at least one
18
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 (I) authorizes the City's Director of Human Resources to
receive all relevant confidential medical information related to the employee, and (ii) complies
with the reasonable directives of the substance assistance 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. Ci1y Seniority: An eligible employee's total length of continuous service in a permanent
position or succession of positions within the employ of the City. 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 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.
B. Street Department Seniority: An eligible employee's total length of continuous service within
the Street department.
C. Sanitation District Seniority: An eligible employee's total length of continuous service within
the Sanitation District.
D Sanitary Department Seniori : 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/Recycling
3. Waste Treatment Operations/Lab
19
4. Administration
5. Wastewater Maintenance
6. Sewer Maintenance
7. Solid Waste Maintenance
E. Parks Department Seniority: An eligible employee's total length of continuous service
within the Parks Department.
F. Years of service: An employee's total length of service with the City.
G. 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 II- NEW HIRES
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, Parks Department and Sanitary District Seniority: In addition to section 1
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, Parks Department, Sanitary
District, or a Sanitary District Department shall forfeit their seniority rights within the
respective department or district of which the employee transferred from and shall begin their
seniority anew within the new department or district.
Q11
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 the employee
returns to the department or district. Such employee's seniority shall begin anew within the
department or district.
SECTION V- TIES
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 the tied employees' social
security number 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.
SECTION II — BIDDING
A. All employees covered by this agreement, except newly hired employees in their working
test 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 senior qualified employee, at the time of
the bidding, who bid on the posting, shall be awarded the posted position.
21
C. In the event such position is not filled by an employee within the department, bargaining unit
employees who work outside the department shall be given the next priority. The qualified
employee with the most City seniority 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 be 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 this 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 lay-off status subject to recall and placement in the first available position for
which that employee is the most senior qualified.
ARTICLE 17 — VACATION AND HOLIDAYS
Vacation Benefits:
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 I 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 to hire up to 8 days
Year 2 up to 10 days
Year 3 10 days
Year 4 10 days
Year 5-9 15 days
Year 10-19 20 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 orientation period
expires. An employee must have served at least a forty-five (45) workday orientation period in
which no paid vacation is granted. One vacation day shall be earned for each complete calendar
month worked after the expiration of the orientation period. No more than ten (10) vacation
days may be earned for use during the calendar year if the employee's orientation period expires
during the second calendar year.
22
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
Contract); 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 Iast day of work.
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 or she will receive
holiday pay at one and one-half times his or 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 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 l 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
23
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
ARTICLE 18 — PERSONAL DAY, SICK DAYS, AND LEAVE OF ABSENCE
Personal Day
Every regular full-time employee is eligible for two (2) personal days that may be taken on any day
throughout the year subject to scheduling and approval criteria established by each department.
Personal days will be used in a minimum of one half (1/2) hour increments. Newly hired employees
that complete their probationary period after January I" shall receive one (1) personal day for the
balance of the calendar year.
Sick Days
Regular full-time employees shall receive seven (7) sick days a year. Said sick days shall accrue on
January one 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 examinations 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 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 time. 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 I" earn one (1) sick day for
each complete calendar month worked after completing their probationary period up to a
maximum of seven (7) 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 year of
employment with the City. Such leave shall not exceed 12 consecutive months. An employee
may submit a written request of his or 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,
24
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).
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 or 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 or she actually worked for the City.
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 or 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 a spouse,
or significant other residing in the same household.
C. One (1) day 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
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 or 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.
25
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 2 1 - 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 US armed forces.
B. Employees who are members of a Reserve 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 - 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
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 as from
time to time amended.
The Family and Medical Leave Act of 1993 requires employers of 50 or more employees to
provide eligible employees with up to 12 weeks of unpaid leave in a 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 or she must have been
employed by the City of Richmond for at least one year and have worked 1,250 hours within
the previous 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 or Medical Leave under the Act, the employee is
required to give the City 30 day's 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 an 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
26
consider an employee's failure to report to work at the end of the leave period as an employee
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 or her position.
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 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 Family and Medical Leave Act of 1993 are not incorporated and set out
in full herein; however, the Family and Medical Leave Act 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 (80%) of the cost and the AFSCME member shall pay not
more than twenty (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 unit at the same cost and coverage as
provided to other city employee(s).
C. 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.
D. The City agrees to recognize one (1) designated member of AFSCME's Bargaining Unit as
a member of the City Insurance Committee.
E. 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 employee elects to remain a part of the City's PPO plan, the City shall
not charge any employee premium or contribution for coverage for the retiree or
his or her spouse who exists at the time of retirement. Such zero premium
contribution does not include subsequent spouses. Coverage under any plan, at
any cost, shall only be available to spouse and 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. The premium
27
coverage cost for any additional dependent(s) shall be equal to the cost of
premiums charged to other City employees with the following clarification: one
child shall be equal to the "single" cost; two or three children shall be equal to
the cost for "two/three" coverage; etc.
b) A retiree who subsequently obtains other employment may elect to carry two
insurance policies provided that the City is secondary.
c) A retired employee eligible for retiree coverage, who is not covered under the
City's Plan due to being eligible for another flan, covered by another Plan or
covered as an active employee under this Plan, and later loses such eligibility or
coverage, may enroll again for retiree coverage prior to age 65 under Late
Enrollment provisions or specified qualifying events. All other Plan provisions,
including Pre -Existing Condition limitations shall apply.
d) The City of Richmond's contribution for retiree health insurance benefits shall
continue until the retiree becomes eligible for Medicare coverage as prescribed
by 42 U.S.C. 1395, et. Seq. 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.
c) For the purpose of this section, an "Eligible Retiree" is defined to be any
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).
f) The insurance contribution benefitshereunder 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 are participating
in the City's group health insurance plan 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. Employee's 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.
28
D. Each Department shall maintain a fist 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.
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 an explanation of such employee's
responsibility to apply for long-term disability benefits.
ARTICLES 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.
ARTICLE 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 operation, 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 the 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
29
improving the quality, efficiency, and safety of the workplace. The city shall provide
"cross -training" on specific tasks or operation of equipment.
B. The city shall pay for city required CDL physical exams and job related
certifications. The employee may choose to use his/her family doctor to conduct the
CDL physical exam provided that the doctor is approved to perform CDL physical
exams.
C. The city shall continue its current Educational Assistance Plan for employees and
shall be attached to and made part of this agreement as appendix A.
ARTICLE 29 — CONTRACTING OUT
A. The City may contract or sub -contract 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 (b) 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, withboldings of contributions for insurance for employees shall be
paid on a pre-tax basis.
ARTICLE 3 1 - 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 D for retiree Insurance requirements and benefits.
ARTICLE 32 - WAGES AND OTHER COMPENSATION
SECTION I- WAGE AGREEMENT
A. The AFSCME Bargaining Unit employees covered by this Agreement shall continue
to receive the 2009 wage rate for 2010. In the event any other Bargaining Unit within
the City of Richmond is granted an increase in wages or benefits for 2010, the parties
agree to re -open negotiations for the purpose of parity. The Senior Center Receptionist
position will be changed to the position of Receptionist/Secretary.
All new hires (probationary employees) hired after January 1, 2010 shall be paid
during their probation period as follows:
Starting Rate 90% of Base
After Probationary Period 100% of Base
30
B. A $250.00 annual stipend for each Street Department, Park Department and
Sanitation Department worker who is required to have a CDL license.
C. A $250.00 annual stipend shall be paid to those Sanitation Department employees
who are required to have a Waste Water Treatment Plant Operator's License.
D. The Sanitation Department shall continue to provide uniform service for all positions
that currently receive the uniform service. The Park Department shall provide uniform
service for the Mechanics only. All Bargaining Unit employees not covered by a
uniform service shall receive a $250.00 per year cleaning and clothing allowance.
E. All Bargaining Unit employees whose job description requires them to work
outdoors shall receive one hundred fifty ($150.00) dollars to purchase winter apparel
every two (2) years and one hundred twenty five ($125.00) dollars to purchase safety
boots every year. All Bargaining Unit employees shall also receive rain suits and rubber
boots every year, if needed.
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 I of each calendar year. All stipends and allowances shall be paid on the first
pay period in March, in a separate check. Any employees added to the payroll roster
after March 1st (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 (1126) 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 11— 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:
2010 $10.00 per year of service
2011 $10.00 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 on the first
pay period in December of 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
31
SECTION I
Should any part of this Agreement or any of the provisions contained herein be declared
invalid by a tribunal of competent jurisdiction; and or federal or state legislation,
governmental regulation, or court 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 the 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.
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
32
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 all Bargaining Unit facilities. Fire and Police vacancies are also excluded.
SECTION 2- BARGAINING UNIT AUTONOMY
The parties agree that no other Bargaining Unit will have a direct impact upon this
Bargaining Unit or this Agreement.
SECTION 3- RETROACTIVE PROVISIONS
-All provisions of this Agreement including wages shall be retroactive to January 01,
2010.
SECTION 4- 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 5- 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 orientation period.
Probationary employees are eligible for Bereavement Leave, Jury Leave, and Holiday
pay while in their orientation 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, 2012. On or about June 1, 2010 the City and
Union agree to re -open the contract on wages, retirement and insurance co -payments.
These negotiations shall be subject to the fact-finding provision of the City ordinance.
In the 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
33
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 a�y day of
fin , 2010,
SIGNATURES
AFSCME focal 1791 Negotiation Team
AFSCME Council 62 Staff
DATE:
z
DATE: 2 — 2-q "
City of ichmond, I diana, through its Board of Public Works and Safety (Street Department)
DATE: !—2?—It/
nd, Indiana, through its Parks &
(Park Department)
City of Richmond, Indiana through its Sanitary Commissioners for Richmond Sanitary Dig
(Sanit 'on De ent)
�,n�V �� I � �/,
1�4 Z, �
C DATE: "
APPROVED BY MAYOR:
DATE:
Sarah (Sally) Hutton, City of Richmond, Indiana
34
APPENDIX B
Bereavement Request Form
(In case of emergency bereavement, contact supervisor immediately)
Name of Employee
Name of Deceased
City & State of Deceased
Name of Funeral Home
(If known)
Date of Passing
Relationship to Employee
Number of Days Requested
Additional Days Requested
(If any)
Reason for Additional Days:
Employee
Date
Supervisor Approval
APPENDIX A
EDUCATIONAL ASSISTANCE PROGRAM
The City of Richmond recognizes the importance of a good education and encourages its
employees to enroll in job related courses in accredited programs so that they may
become more effective on the job. This program will reimburse an employee eighty
percent (80%) of tuition and fees upon successful completion of an approved course(s).
Eligibility Requirements:
Applicants must be full-time active employees and must have completed their
probationary period of employment (minimum of 6 months) with the City of Richmond.
Applicants must successfully complete the course(s) with proof of a grade of "C" or
better or a "P" in a Pass/Fail scoring system to be entitled to tuition reimbursement.
The following will be grounds to deny reimbursement:
a) termination of employment either voluntarily or discharged for cause, prior to
completion of the course(s);
b) failure to receive a grade of "C" or better of a "P-;
c) withdrawal from a course(s) prior to completion.
Employees who are enrolled in an approved course(s) and are laid off by the City of
Richmond will be eligible for reimbursement upon successful completion of the
course(s).
Courses will be limited to six (6) hours per semester with a maximum of four (4) courses
per calendar year. `
Employees who are receiving assistance from any other sources(s), assistance will be
limited to the difference between the outside source(s) and the City's allowance.
Employees must provide official notification to his/her Department Head within three
weeks of completion of the course(s) to receive reimbursement.
Applicants employed by the City of Richmond Police and Fire bargaining units are not
covered under this program. Please refer to your Department Head for department
requirements.
EIi ible Courses:
Those courses directly related to the work the employee is presently performing, and is
related to maintaining the employee's job performance.
Courses that are not directly related, but contribute to the employee's general career
development within the City of Richmond employ. In other words, courses that will be
potentially advantageous in terms of the employee's individual job progress.
Courses that are necessary to complete a job -related degree.
Eligible courses must be available through an accredited school, college, University or
trade school.
Correspondence schools may be acceptable if the eligible course is not available locally.
Ineligible Courses:
Audit, non -graded or hobby course.
Employees repeating a course which has already been paid for under this program.
Seminar or training -type course.
How to Apply:
Prior to the starting date of the course(s), an employee must complete an Educational
Assistance Application and submit it to the respective Department Head. The application
may be obtained from the .Human Resource office.
The Department Head shall consider the request to ensure that the employee and the
course(s) meet all eligibility requirements and funding is available within the department
budget.
Upon approval of the Department Bead, the employee shall then submit the application to
the Human Resource office.
Upon proof of successful completion, the Department Head shall submit the necessary
paperwork to the City Controller to issue reimbursement.
Permanency of the _Program:
The City of Richmond believes this Education Assistance Program for employees may
continue indefinitely. We also realized, however, that conditions may change. The City,
therefore, reserves the right to modify or terminate this program at any time.