Loading...
HomeMy Public PortalAbout051-2005 - AFSCMEContract 151-2005 City of Richmond/AFSCME (Sanitation and Street Department Workers) (Copy includes this title page, table of contents page, and 50 pages, including the preamble) TABLE OF CONTENTS •b� `fir 5 `�-fit p ARTICLE PAGE PREAMBLE 1 1 RECOGNITION 2 2 NON-DISCRIMINATION 3 3 SEXUAL HARASSMENT 4 4 DUES & REPRESENTATION FEES 5 5 UNION RIGHTS 6 6 HOURS OF WORK 9 7 OVERTIME PAY AND SCHEDULING 10 8 WORK RULES 11 9 PERSONNEL RECORDS 12 10 DISCIPLINE 13 11 GRIEVANCE PROCEDURE 15 12 PROBATIONARY EMPLOYEES 18 ADDENDUM I 19 13 LAYOFFS 23 14 DRUG AND ALCOHOL TESTING 24 15 SENIORITY AND YEARS OF SERVICE 26 16 JOB BIDDING 29 17 VACATION AND HOLIDAYS 30 18 PERSONAL, SICK DAYS; AND LEAVE OF ABSENCE 32 19 BEREAVEMENT LEAVE 34 20 JURY LEAVE 35 21 MILITARY LEAVE 36 22 FAMILY AND MEDICAL LEAVE 37 23 INSURANCE AND OTHER BENEFITS 38 24 SHORT AND LONG TERM DISABILITY 38 25 AMERICANS WITH DISABILITIES ACT 39 26 LABOR/MANAGEMENT COMMITTEES 40 27 TRAINING 41 28 CONTRACTING -OUT 42 29 PREMIUM CONVERSION (Tax Saver) 43 30 RETIREMENT 44 31 WAGES AND OTHER COMPENSATION 45 32 SEVERABILITY AND SAVINGS CLAUSE 46 33 NO STRIKE / NO LOCK -OUT 47 34 MANAGEMENT RIGHTS 48 35 WAIVER OF INTERIM BARGAINING 49 36 DURATION 50 APPENDIX A — EDUCATIONAL ASSISTANCE PROGRAM 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 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 Sanitary District Positions a. Plant Manager b. Asst. Plant Manager C. Solid Waste Manager d. Landfill Manager e. Maintenance Manager f. Finance Manager g. Supervisors (other than Crew Leaders) h. Safety Officer i. Permits Coordinator j. Administrative Assistant for Administration 2. Excluded Street Department Positions a. Commissioner b. Office Manager C. Division Clerk B. The parties agree to meet and discuss the inclusion into the Bargaining Unit(s) of any newly created positions within the Street 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. E 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. ARTICLE 3 - SEXUAL HARASSMENT A. To the full extent required by applicable law, the City and the Union agree there shall be no sexual harassment by the City or by the Union against any bargaining unit employee. B. The City and the Union agree that all employees should be able to work in an environment free from sexual harassment. The City shall administer a policy which has as its goal the prevention and elimination of sexual harassment at all City work sites. 4 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 months of January, April and August of each year. Neither the City nor the Union shall exert any pressure or discriminate against any employee regarding this matter. B. The Union has a right in accordance with all state and federal laws, to charge Union dues and/or Fair Share Fees to bargaining unit members. Bargaining unit employees may choose to have such dues and/or Fair Share Fees deducted from their wages by signing an authorization form provided by AFSCME for such deductions. The City agrees to forward such deductions to the duly authorized representative at AFSCME Council 62, together with a list of the names and social security numbers of the employees from whose pay such deductions were made. C. An employee's signed authorization shall remain in effect until revoked, in writing, by that employee. Deductions shall be made after, and then only to the extent of available net employee income, following deductions for local, state, and federal tax withholdings, FICA or PERF contributions or assessments, child support wage withholdings and other legally mandatory wage withholdings. Changes in the amount of dues and/or fees shall be communicated to the City by the Union and shall be made effective ten (10) business days after receipt of 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. 5 ARTICLE S - 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 lunch time 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 A. 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 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 shall not constitute an unreasonable interference with, or disruption of, the conducting of regular business operations in or on the area of special access. SECTION III- BULLETIN BOARDS A. 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. L SECTION IV -UNION BUSINESS A. Within fifteen (15) days after the effective date of this agreement, AFSCME shall notify City of the identity of not more than three (3) designated local Union Stewards, one Chief Steward, and the local Union President. Two (2) such stewards shall be designated for the Sanitary District and one Steward shall be designated for the Street Department. The Street Department may also designate an alternate Steward to serve only in the absence of the designated primary Steward. B. The local union President, Chief Steward, and designated union Stewards shall be allowed at least twenty-five minutes per day of work time at no loss of pay to conduct union business, including, but not limited to, investigating and preparing for grievance meetings. Meetings scheduled with management shall not be counted toward the twenty-five (25) minutes. Additional time beyond the twenty-five (25) minutes permitted hereunder may be taken with the prior consent of City's management. Such requests shall not be unreasonably denied. C. 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. D. The City shall approve time off with pay, up to a total (for all representatives, not each) of fifteen (15) days per year, for Union representatives to attend Union conventions and trainings. The City shall have the right to approve three (3) additional days, up to a maximum of eighteen (18), upon request from the Union. E. The City shall allow up to four (4) local union representatives time off with pay on one (1) day per year for purposes of steward training. SECTION V- 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 home by City (or, if applicable, by City's liability insurance carrier). The 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 VI- 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. 8 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 work- week 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: 1. An employee called out shall be entitled to no less than two (2) hours of pay. 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 can 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 the employee is entitled to. 9 ARTICLE 7 - OVERTIME PAY AND SCHEDULING A. All time worked by employees covered by this agreement in excess of forty (40) hours in a work week shall be compensated as overtime. For purposes of this article, any paid time shall be construed as work time. This provision shall not prohibit an employee and his supervisor from arriving at a mutually acceptable flex time 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 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. Employees must give at least twenty-four hours notice of the specific time requested in order to take sixteen (16) hours or less compensatory time and at least five (5) days notice must be given in order to take more than sixteen (16) 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 forty (40) hours of compensatory time. Any compensatory time not used within three (3) months from date of accrual shall be paid to employees at the appropriate rate on the next payday following the three (3) 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 seniority, beginning with the employee(s) with the most departmental seniority. In the event such overtime is still not filled, the overtime shall be assigned to bargaining unit employees with the least departmental seniority. 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; however, this prohibition shall not preclude such supervisors or other non -bargaining employees from assisting in any emergency or non- routine isolated situation. 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 %Z 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. 10 ARTICLE 8 - WORK RULES A. This Collective Bargaining Agreement supercedes 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 ten (10) work days 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 ten (10) work day period. 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. C. For clarification 'Me Union" consists of Local Union President, Vice -President, and AFSCME Council 62, Executive Director. 11 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. 12 ARTICLE 10 - DISCIPLINE A. The parties recognize the authority of the City to take appropriate disciplinary action for reasonable cause. Management shall be guided by the following principles 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. B. Disciplinary action shall be invoked within ten (10) work days of the alleged incident which gave rise to such discipline or within ten (10) work days from the date management became aware of, or should have become aware of, the incident. Discipline shall normally be progressive in nature. However, the parties agree that some forms of misconduct are of such a serious nature to merit more severe forms of discipline. Employee misconduct which is not of a serious nature shall commence with an Oral Warning and shall be documented and signed by the employee and the supervisor. Further incidents of any misconduct of the same or similar offenses shall be subject to the following maximum penalties: 1. Second Offense - Written Warning 2. Third Offense - One Day Suspension 3. Fourth Offense - Three Day Suspension 4. Fifth Offense -Suspension or termination C. 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 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) work days after the pre - deprivation meeting. 13 D. 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. E. 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. 14 ARTICLE 11 - GRIEVANCE PROCEDURE SECTION I- JURISDICTION A. A grievance is defined as a dispute regarding the interpretation or application of a specific provision of this Agreement, policy, work rule, or law. B. 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. C. Grievances concerning suspensions, terminations, and demotions shall be initiated by the Union at step 3 of the grievance procedure. D. The Union may initiate any other grievance at step 3 of the grievance procedure if, in the opinion of the Union, the time necessary to process such grievance may be detrimental to the outcome of such grievance. SECTION II- REPRESENTATIONAL AND PROCEDURAL EXCLUSIVITY A. Except with respect to the right to initiate and present complaints at Step One, 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. B. No discussion shall occur on a grievance until the designated union representative has been afforded a reasonable opportunity to be present at any grievance meeting with the employee. C. Only the Union shall have the right to assert and process any claim asserting a violation of this Agreement after step 1 of the grievance procedure. D. The Union may present statements, witnesses, etc., at any step of the grievance procedure. SECTION III- TIME LIMITS A. Failure of the employee or Union to comply with the time limits under this Article renders the grievance void and terminated. B. Failure of the City to comply with the time limits under this Article shall automatically cause the grievance to proceed to the next step. C. The time limits at any step may be extended by mutual agreement, in writing, by the parties involved at that step. SECTION IV- GRIEVANCE STEPS A. 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 Union at all steps. Grievances shall be processed in accordance with the following procedure: 15 STEP ONE Supervisor (oral complaint): The first step in filing a grievance is the employee must file a complaint with their immediate supervisor. The grievance must be filed within five (5) working days of the occurrence. The employee and supervisor shall schedule a time to discuss the same within five (5) working days thereafter. Every effort should be made to resolve the issue satisfactorily at this meeting. A written summary of the resolution, signed by both parties, shall be submitted by Management to the Office of Human Resources within three (3) working days after the set appointment date. STEP TWO Department Head (written complaint): If the employee and the supervisor through discussion cannot resolve the complaint satisfactorily, or if the decision is not satisfactory, the employee may reduce the complaint to writing within five (5) working days after the receipt of the Step One response. The employee shall take the written complaint to the Office of Human Resources. The written complaint will be recorded and copies of the written complaint will be forwarded to the Department Head and the supervisor. A mandatory oral meeting between the Department Head and the employee shall occur within five (5) working days of the receipt of the written grievance. The employee's union steward shall participate in the oral meeting. The supervisor may be included in the discussions upon the discretion of the Department Head. The purpose of the meeting is to clarify the details of the grievance and to resolve it if at all possible. A written summary of the resolution signed by both parties shall be submitted by Management to the Office of Human Resources within three (3) working days after the appointment date. The Department Head should also attach a copy of their written response (A total of no more than eight (8) days after the receipt of the written complaint.). Names of persons attending will be given to Human Resources. STEP THREE In the event that the complaint is not settled at Step Two, the complaint may be submitted to the Mayor with a copy to Human Resources within five (5) working days after receipt of the Step Two response. Within ten (10) working days after receipt of the complaint, Human Resources will schedule a closed door meeting with the Mayor and the parties on such complaint and find a solution if at all possible. The Mayor shall render a decision on the complaint within ten (10) working days after the meeting, providing a copy of the decision at that time to the Department Head, the grievant, the union, and the Human Resource Director. STEP FOUR In the event that the answer or disposition on the complaint by the Mayor is not satisfactory to the grievant, then within thirty (30) calendar days from the date of such answer or disposition by the Mayor, the Union may submit such grievance to arbitration by written notice to the Mayor and FMCS and Human Resources. 16 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 ten (10) days from receipt of such list, and shall alternately strike names of arbitrators until only one name remains, who shall be the chosen arbitrator. 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. Except with respect to the right to initiate and present grievances at Step 1, the Union shall be the exclusive representative of the interests' of an employee covered by this Agreement in processing and redress of grievances arising under this Agreement. E. 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. `f] 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. B. All new and rehired employees work on an orientation basis for the first six (6) months after their date of hire. Any significant absence will automatically extend the probationary period by the length of the absence. If the City determines that the designated orientation period does not allow sufficient time to thoroughly evaluate the employee's performance, the orientation period may be extended for a specified period. 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 I& Addendum I SANITARY -SEWER MAINTENANCE APPRENTICE CREWMAN 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 be 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 may result in disciplinary action including disqualification from the program. Again the apprentice will not be punished for any scheduling problems that may occur. Pay Schedule: Start 90 percent 1°` 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. 19 WASTEWATER OPERATION APPRENTICE 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. 20 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 IMT 203 Machine Maintenance and Installation BEA 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. Pay Schedule Start 80 percent 1 year anniversary 85 percent 2 year anniversary 90 percent 3 year anniversary 95 percent 4 year anniversary 100 percent 21 The above is a percentage of the Mechanic III pay therefore pay will increase as Mechanic III pay increases. The above schedule is to be followed even if classes are completed early. Upon completion of the apprenticeship, job title becomes Mechanic III. 22 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. B. The City shall give the Union and all affected employees at least thirty (30) days advance notice of any impending layoff. The Union shall be entitled to meet with representatives of the City to discuss the layoff. C. In effecting a layoff in any department, all employees in the department shall be considered. Employees shall be laid off in the following order: 1) Temporary/contracted employees; 2) Part-time employees; 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, 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 too many employees wish to take a voluntary layoff, department seniority shall be the determining factor. 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. 23 ARTICLE 14 - DRUG AND ALCOHOL TESTING Drug and alcohol use is highly detrimental to the safety and productivity of employees in the work place. 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. 24 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 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 (1) 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. 25 ARTICLE 15 - SENIORITY AND YEARS OF SERVICE SECTION I - DEFINITIONS A. 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: 1. City Seniority: An eligible employee's total length of continuous service in a permanent position or succession of positions within the employ of the City. An employee who returns into the bargaining unit within one (1) year after leaving for a position outside the bargaining unit shall have their City seniority restored, minus the amount of time such employee worked outside the bargaining unit. 2. Street Department Seniority: An eligible employee's total length of continuous service within the street department. 3. Sanitation District Seniority_: An eligible employee's total length of continuous service within the Sanitation District. 4 Sanitary Department Seniority: An eligible employee's total length of continuous service within a department of the Sanitary District. The departments within the Sanitary District shall consist of the following divisions: i) Landfill ii) Solid Waste/Recycling iii) Waste Treatment Operations/Lab iv) Administration v) Wastewater Maintenance vi) Sewer Maintenance vii) Solid Waste Maintenance 5. Years of service: An employee's total length of service with the City 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. KI SECTION III- APPLICATION A. All matters determined by seniority, as defined in this Article, are provided in specific articles in this Agreement. SECTION TV- 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 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, 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. D. An employee involuntarily moved from a department or district shall have their seniority within the department froze 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 A. 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 27 SECTION VII-DEPARTMENTAL SENIORITY LIST A. A departmental seniority list of all eligible employees shall be provided, posted and kept current. 28 ARTICLE 16 - JOB BIDDING SECTION I - POSTING A. All vacancies within the City shall be posted for three (3) days in all City facilities. For purposes of this Agreement, a vacancy shall mean any position, whether vacated or newly created, that the City seeks to fill. Copies of all job postings shall be forwarded to all Union stewards 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 orientation employees in their working test period, may bid on a 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 who bid on the posting shall be awarded the posted position. 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 may return to his/her previous position, without loss of bargaining unit seniority, at the employee's request, made within five (5) days of the employee having first begun his/her duties in the posted position. In such a case, the City shall then award the originally posted position to the employee next senior and qualified who had previously bid on the position. 29 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 1 of each respective year. The amount of paid vacation time employees receive each year increases with the length of their employment as shown in the following schedule: Vacation Schedule Year to hire up to 6 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 six (6) month 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 six (6) vacation days can be earned when the orientation period expires during the same calendar year of hire. 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. 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. 30 Upon termination of employment, employees will be paid for unused vacation time that has been earned through the last 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. Part-time employees shall receive regular pay for those hours they would have worked on any designated holiday. Temporary employees shall not receive pay for holidays so designated. 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 1 of the preceding year, in observance of the following holidays and any others deemed appropriate: New Year's Day Martin Luther King Day Good Friday Easter Sunday (for those who are scheduled to work regularly on Easter) Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Christmas Day 31 ARTICLE 18 — PERSONAL DAY, SICK DAYS, AND LEAVE OF ABSENCE Personal Day Every regular full-time employee is eligible for two (2) personal days which may be taken on any day throughout the year subject to scheduling and approval criteria established by each department. Sick Days Regular full-time employees shall receive six (6) 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. B. The department head or supervisor may request documentation of illness from a physician at any time. After seven consecutive calendar days 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 hired after January I' shall receive the number of sick days equal to the number of full months remaining in the year divided by two (example: hired April 15d, the employee shall receive 4 days for the eight months of May through December). E. Unused sick days will not be paid to an employee at the time of separation from the City. F. Sick days will be used at a minimum of % hour increments. 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, 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. 32 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. 33 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. 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 cousin. D. Absences for other funerals, as well as extra days for special circumstances shall be considered on a case, by case basis. 34 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. 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. 35 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. 36 ARTICLE 22 — FAMILY AND MEDICAL LEAVE A. The City shall abide by all applicable provisions of the Family Medical Leave Act as from time to time amended. 37 ARTICLE 23- INSURANCE AND OTHER BENEFITS A. The City shall continue to provide health, dental and life insurance with the same benefits, coverage, cost to employees, and co -payments as it currently provides to employees covered by this collective bargaining agreement. In the event any other employee (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 recognize two designated members of AFSCME's Bargaining Unit (one from Sanitation and one from the Street Department) as voting members of the City Self - insured Committee. ARTICLE 24- 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. 38 ARTICLE 25 - AMERICANS WITH DISABILITIES ACT A. The City shall abide by all applicable provisions of the Americans with Disabilities Act, as from time to time amended. 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 or not perform. A doctor's certification indicating light duty with no specified restrictions will not be accepted. If due to the restrictions the Department cannot accommodate the employee, then light duty will not be approved. C. Employees requesting light duty in excess of three (3) days will be sent to Reid Hospital, Occupational Health Program, for an assessment of those injuries and restrictions, in order to determine what course of action needs to be followed by the Department. The Department will cover the cost of the assessment. D. Each department shall maintain a list of tasks normally anticipated acceptable as light duty. Employees on light duty are expected to perform any of the tasks assigned to them that are not restricted by their doctor. E. For purposes of this article, the term "Department" means the Richmond Sanitary District or the City of Richmond Street Department. 39 ARTICLE 26- LABOR/MANAGEMENT COMMITTEES SECTION I- STANDING COMMITTEE A. The parties shall establish a joint Safety and Health Committee and a joint Labor/Management committee, each committee consisting of three (3) representatives from each party. Each parry shall select its own representative. Either party may invite additional participants providing notice is given to the other party when the agenda is established. B. The Committees shall meet quarterly at mutually agreeable times and places. No committee member shall suffer loss of pay to attend committee meetings. C. Agendas will be established in advance. D. The purpose of the Health and Safety Committee is to discuss safety issues of mutual concern, including unsafe operation, and use of, equipment. F. The purpose of the Labor/Management committee is to discuss issues of mutual concern. G. All Committee recommendations shall be in writing. H. A mutually agreed committee member shall take minutes to be reviewed by both parties for approval and dissemination. I. The city structure and use of City personnel shall be appropriate topics for discussion at the Labor/Management committee. J. Any changes or modifications to this collective bargaining agreement by the Committee shall be prohibited without the mutual agreement between the Union and the City. 40 ARTICLE 27 - TRAINING A. The City shall provide training from certified trainers and programs on a regular basis to employees. Training provided shall be for the purpose of improving the quality, efficiency, and safety of the workplace. The city shall provide "cross -training" on specific tasks or operation of equipment. B. The city shall pay for all costs associated with City required tests, physicals, and medical procedures, including, but not limited to, CDL exams and any/all job related certifications. 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. 41 ARTICLE 28 - CONTRACTING OUT A. The City may contract or sub -contract work normally and regularly performed by members of the Bargaining Unit; however, if any such work is to result in the layoff of any Bargaining Unit Employee, the City must give the Union at least six (6) months written notice in advance of such lay off. 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 29 - PREMIUM CONVERSION (Tax saver) A. Pursuant to the State's qualified conversion plan under Section 125 of the Internal Revenue Code, withholdings of contributions for insurance for employees shall be paid on a pre-tax basis. 43 ARTICLE 30- 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. 44 ARTICLE 31 - WAGES AND OTHER COMPENSATION SECTION 1- WAGE AGREEMENT 04 A. A 3 % across the board cost of living increase for 2005. over corresponding 2004 wages. J B. Additionally, a $ .20 increase in hourly rate for Street Department Operators to brin to parity with Sanitation Truck Drivers for contract year 2005 as stated and agreed to in /X the 2004 contract negotiations. C. In addition, a $1.00 increase in hourly rate for Street Department Laborers and Sanitation Janitors/Landscapers for contract year 2005 as stated and agreed to in the 2004 contract negotiations. D. A $250.00 annual stipend for each Street and Sanitation Department worker who is required to have a CDL license. E. Sanitation shall continue to provide uniform service for employees. All bargaining unit employees not covered by a uniform service shall receive a $250.00 per year cleaning allowance. F. Wages effective January 1, 2005 and all/any negotiated wages not paid prior to the effective date of this Collective Bargaining Agreement shall be retroactive to January 1, 2005. G. All employees shall receive items currently provided, as well as gloves as needed, choice of "Carharts", jackets, and bibs or coveralls every two (2) years, boots every year, rain suits and rubber boots as needed, 3 pair shorts, and 5 T-shirts every year. H. Employees who work & hours or longer in a higher paying classification within a pay period shall be paid the wages of that classification for that time worked at the higher classification. I. All stipends and allowances shall be paid on or about March 1, 2005, in a separate check. J. 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. K. The two (2) Sewer Maintenance Crew Leaders will receive a $ .35 per hour increase retroactive to January 1, 2005, and prior to the 2005 increase of 3% to bring to parity with Street Department Crew Section Leaders. SECTION II — LONGEVITY PAY A. If the City agrees to include longevity pay for any other City employee(s) who do not currently receive longevity pay, such pay shall also be provided to the members of the Bargaining Unit herein, so long as such members accept any other financial condition made a part of the longevity pay grant to the other City employees. This section shall not preclude either of the parties from making any longevity proposals in future contract negotiations. 1/- 01 45 ARTICLE 32-SEVERABILITY AND SAVINGS CLAUSE SECTION I A. 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. 46 ARTICLE 33— 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. 47 ARTICLE 34 — MANAGEMENT RIGHTS A. There is reserved to the City, for its benefit and for the benefit of the citizenry that it serves, all the rights, powers, and authority of management to govern the provision of services within the City of Richmond, Indiana, except to the extent that such authority shall be specifically limited or qualified by the express provisions of this Agreement. The City shall not exercise any such reserved rights for the purpose of violating any article of this Agreement. 48 ARTICLE 35 — WAIVER OF INTERIM BARGAINING A. Except as specifically provided herein at Article 36, the parties mutually acknowledge that during the bargaining that resulted in this Agreement, each had the unlimited right and opportunity to make proposals with respect to any subject or matter permitted by the Ordinance to be a subject of collective bargaining and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Union and the City, for the term of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject may not have been within the knowledge or contemplation of either or both of the parties at the time that this Agreement was bargained, ratified, or executed. 49 ARTICLE 36 - DURATION A. This agreement shall become effective upon its ratification by the parties and shall remain in full force through December 31, 2006. Re -openers on insurance, wages and retirement shall commence on or about June 1, 2005 and 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 any part of this agreement during its term, unless otherwise authorized within this agreement. IN WITNESS WHEREe—day OFF,the es have executed this Agreement as of the of , 200157 Three (3) year agreement. Reopens on Insurance, Wages, and Retirement. Bargaining reopening begins on or about June 1, 2005, and shall be subject to the fact-finding provision of the City ordinance. Signatures: Date: ( �' Members of AFSCME Local 1791 Negotiatio P By: By: City of Richmond, Indiana, through its Board of Public Works and Safety (relating to Street Department) By: �, By: d—j-7 oe-'-`/� �l cry By: yz1-4 City of Richmond, Indiana thresh its Sanitary Commissioners for Richmond Sanitary District By: By: Mayor, City of Richmond, Indiana 50 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 coure(s); b) failure to receive a grade of "C" or better or 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 source(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. Eligible 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 job 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 courses. Employees repeating a course which has already been paid for under this program. Seminar or training -type courses. 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 Head, 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.