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HomeMy WebLinkAbout2004-2006 Paraprofessional Union agreement 2004-2005-2006 AGREEMENT OSHKOSH CLERICAL-PARAPROFESSIONAL UNION LOCAL 796-B, AFSCME, AFL-CIO AND CITY OF OSHKOSH XVI Emergency Leave XVII Leave Without Pay XVIII Unauthorized Absence XIX Conduct of Business XX Waiver of Rights XXI Grievance Procedure ARTICLE II III IV V VI VII VIII IX X XI XII XIII XIV XV INDEX ~ Management Rights 4 Pay Policy 4-5 Rules and Regulations. 5 Probationary Period & Employment Status 5-6 Termination of Employment . 6 Work Hours . 6 Seniority, Layoff and Job Postings 7-8 Medical Benefits Plan. Life Insurance Income Continuation Insurance Section 125 Plan 8-9 9 9 9 Holidays 9-10 Retirement Fund 10 Sick Leave 10-11 Overtime II Longevity 11-12 Rest Periods. 12 Vacation 12-13 13 13 14 14 14 15-16 2 XXII Worker's Compensation 16 XXIII Reopener 16 XXIV Scope of Negotiations 16 XXV Resolution of Difference by Peaceful Means 17 XXVI Recognition and Unit of Representation 17 XXVII Dues Reductions XXVIII Complete Agreement. XXIX Duration 17-18 18 18 Rates effective Pay Period I, 2004 Rates effective Pay Period I, 2005 Rates effective Pay Period 1, 2006 19 20 21 Memorandum on "Policy on Vacation" . 22 AGREEMENT THIS AGREEMENT IS entered into to be effective January 1, 2004, by and between the City of Oshkosh, Wisconsin, party of the first part hereinafter referred to as the "Emplover" or "City", and the Oshkosh Clerical-Paraprofessional Employees Union, Local 796-B, AFSCME, AFL- CIO, party of the second part hereinafter referred to as the Union. WHEREAS, IN ORDER TO INCREASE GENERAL EFFICIENCY, TO MAINTAIN the existing harmonious relations between the Employer and its employees, to maintain a uniform minimum scale of wages, hours and conditions of employment among the employees and to promote orderly procedures for the processing of any grievances between employees and employee and/or employee and employer, and for the declaration of rules and regulations and the establishment of and declaration of policies to insure a proper and ethical conduct of business and relations between the Employer and the Union, to that end the parties have reached this Agreement. NOW, THEREFORE, the parties hereto, each in consideration of the agreements herein contained of the other, hereby agree as follows: ARTICLE I MANAGEMENT RIGHTS SECTION 1. Except to the extent expressly abridged by a specific provision of this agreement, the City reserves and retains, solely and exclusively, all of its common law, statutory, and inherent rights to manage its own affairs, as such rights existed prior to the execution of this or any other previous agreement with the Union. ARTICLE II PAY POLICY SECTION 1. Compensation. Employees shall be compensated within the pay ranges set forth in the classification and pay plan of the Employer and in accordance with the rules for administration included therein. Attached as an appendix to this Agreement are the job classifications and pay schedules. Effective January 1, 2004, all newly hired employees shall participate in the direct deposit pay system. SECTION 2. Classification. The Employer shall determine the number of employees and types of positions or classifications necessary to operate the facility. Should an employee feel he or she is erroneously classified, they may apply for a review of their classification by the Director of Administrative Services. 4 SECTION 3. Compensation for Work in a Higher Job Classification a) Employees assigned to do work in a higher rated classification for a period in excess of three (3) days shall be paid for all such time in the higher classification at the rate that is closest to, but not less than, their current wage rate. b) When an employee is working in a higher classification during the time in which a holiday occurs, the employee shall be entitled to the higher rate of pay for the holiday provided that the employee works the day prior to the holiday and the day after the holiday. In the case where an employee works the day before, but does not work the day after a holiday (or vise-versa), the employee will not be entitled to the higher rate of pay for the holiday. ARTICLE III RULES AND REGULATIONS SECTION 1. The Employer may adopt and publish rules and regulations concerning the operation of its facility and conduct of employees. Such rules and regulations may be amended periodically, provided reasonable notice is given to affected employees and the local Union president. ARTICLE IV PROBATIONARY PERIOD & EMPLOYMENT STATUS SECTION 1. A permanent employee is one who is hired to fill a permanent full-time position in the table of organization. All such employees shall serve a probationary period of one hundred eighty (180) work days. The probationary period may be extended for up to one hundred eighty (180) work days through mutual agreement between the City and Union. During the probationary period the Employer may dismiss such employee at its discretion. Employees promoted shall serve a probationary period of six (6) months. If the promoted employee shall not prove satisfactory in the new position, the employee shall be returned to his or her old classification. SECTION 2. A temporary employee is one who is hired on a short-term basis not to exceed six (6) consecutive months and/or employees who are hired using federal or state funds whose positions are for a limited term and not included in or intended to become permanent positions in the Table of Organization, i.e., CETA, WIN, Work Experience, etc. Such employees shall not be members of the bargaining unit covered by this Agreement and shall not be covered by any ofthe provisions of this Agreement. SECTION 3. The employees ofthe bargaining unit shall be informed of all vacancies and job openings in the unit through an announcement placed on the informational bulletin boards at all bargaining unit work sites. The local Union president shall also be given written notice of all vacancies/job openings. ARTICLE V TERMINATION OF EMPLOYMENT SECTION 1. Dismissal. The Employer may discharge any employee only for good cause related to and/or affecting his/her employment. The Employer shall furnish the discharged employee with a written notice of the action and the reason(s) for same. ARTICLE VI WORK HOURS SECTION 1. The work day and work week shall be as follows: 8:00 AM. to 4:30 P.M., Monday through Friday. Exceptions to this Article shall be: the custodians whose normal work day shall consist of not more than 7.5 hours performed Sunday through Saturday, not to exceed 37.5 hours per week; the normal work week for the museum employees shall be Sunday through Saturday. The normal work day shall be 7.5 hours, not to exceed 37.5 hours per week. When museum employees are required to work Saturday and Sunday they shall receive their two days off normally during the same pay period. The Employer may change the hours of the work day in the best interest of the public, provided the number of hours per work day is not increased. Upon mutual agreement between the employee and his/her supervisor, an alternate work schedule may be assigned to an employee provided that overtime and compensatory time would not be triggered if scheduled over 7.5 hours on a regular basis. SECTION 2. In the event an employee is called in to work, such employee shall be entitled to two hours compensatory time off, as a minimum even though the time involved may be less than two hours, when the employee is otherwise unscheduled to work. SECTION 3. The Word Processing Operators and Telecommunications Clerks shall continue to work the 5-2, 5-3 schedule. They shall receive twelve (12) floating holidays in lieu of the designated calendar holidays. Changes in the schedule shall be subject to negotiations. The hourly rate shall be determined by dividing the biweekly rate by 75.0 hours. SECTION 4. This provision shall only apply to police support staff employees listed below: Telecommunications Clerks and Word Processors shall be paid a call-in premium of two hours pay at his/her regular wage rate in addition to actual time worked. 6 ARTICLE VII SENIORITY. LAYOFF AND JOB POSTINGS SECTION 1. Senioritv. Definition of seniority shall mean the status attained by length of continuous service following the successful completion of a probationary period. Seniority shall accrue ITom the date an employee entered continuous employment with the City and shall indicate time worked excluding personal leave of absence exceeding thirty (30) days but including leaves of absence granted for illness or United States military service. Seniority shall be a factor applied in layoffs, recalls, promotions and vacation selection. Divisional seniority is defined as the total calendar time within a specific division. In the event two or more employees have the same start date, the seniority order shall be established by a random drawing of names, with the first person drawn having the most seniority and so on. The drawing shall occur within the first two weeks of employment. SECTION 2. Loss of Senioritv. An employee's seniority rights terminate upon discharge, quitting or continuous layoff in excess of eighteen (18) months. SECTION 3. Lavoff. When laying off employees, the employee(s) with the least divisional seniority shall be laid off first provided that the more senior employee(s) can perform the available work. An employee who is laid off may bump a less senior employee in another division provided that the employee is qualified to perform the duties of the employee who is being bumped. Members of the bargaining unit may be laid off only when the City is not utilizing contracted services for work normally done by members of the bargaining unit and only when part-time and temporary help is not being utilized for work in the classification fÌom the division where the layoff occurs. SECTION 4. Recall. Employees shall be called back to work by seniority provided that they can perform the available work. SECTION 5. Job Postin1!s. When the Employer deems it necessary to fill a vacancy or a new position, the Employer shall post a notice of such vacancy or new position on the bulletin boards in each department for a period of five (5) working days. The posting shall contain the name of the classification, the job duties and requirements, the pay range, the division, the hours of work, and space for all interested persons to sign said posting. SECTION 6. Job Award. The most senior employee applying fÌom within the division shall be assigned to the position provided that said employee is qualified to perform the duties of the position. If no employee fÌom within the division applies or is qualified, the most senior applicant within the department shall be assigned to the position provided that said employee is qualified to perform the duties of the position. If no employee fÌom within the department applies or is qualified, the most senior applicant within the bargaining unit shall be assigned to the position provided that said employee is qualified to perform the duties of the position. If no 7 bargaining unit employee applies or is qualified, the Employer may hire fÌom outside of the bargaining unit. SECTION 7. Trial Period. The employee who receives the position shall serve a thirty (30) calendar day trial period in the position. If the Employer determines that an employee is not qualified or if an employee desires to return to his/her former position, within said period, he/she may be returned to his/her former job at his/her former rate of pay with no loss in other benefits. When such situation occurs, the Employer shall give the position to the next applicant in accordance with Section 6, above. This procedure shall continue until the position is filled permanently. ARTICLE VIII MEDICAL BENEFITS PLAN Medical Benefits Plan: The Employer shall provide health coverage equal to a level of benefits available to employees under the City of Oshkosh Medical Benefit Plan Master Plan Document(s) effective January 1, 2004. The Employer agrees not to reduce the benefits during the life of the contract. Changes in the participation of health care providers listed on any preferred provider list shall not be viewed as a reduction in benefits. Effective January 1, 2004, the city will implement a dual choice health plan: a PPO and an EPO. Emvlovee contributions for PPO. Effective January 1, 2004, employees will contribute 4% up to a maximum of $20 per month toward single; $35 per month towards dual and $50 per month towards the family premium equivalent. Effective January 1, 2005, employees will contribute 5% up to a maximum of $25 per month toward single; $40 per month towards dual and $55 per month towards the family premium equivalent. Effective January 1, 2006, employees will contribute 5% up to a maximum of $30 per month toward single; $45 per month towards dual and $60 per month towards the family premium equivalent. Emvlovee contributions for EPO. Effective January 1, 2004, employees will contribute 3% up to a maximum of $15 per month toward single; $25 per month towards dual and $30 per month towards the family premium equivalent. Effective January 1, 2005, employees will contribute 4% up to a maximum of $20 per month toward single; $35 per month towards dual and $50 per month towards the. family premium equivalent. Effective January 1, 2006, employees will contribute 4% up to a maximum of $20 per month toward single; $40 per month towards dual and $50 per month towards the family premium equivalent. The City may, from time to time, change the medical benefit plan administrators, PPO provider, or method of funding for health coverage if it elects to do so. At least 30 days advance notice of any change in the medical benefit plan administrator, PPO provider or method of funding shall be provided to the Association. Whenever the City is considering any of these changes, the Association may provide input regarding the decision. This input is limited to advisory only and will not affect the City's responsibility to select a provider or administrator. LIFE INSURANCE The Employer shall pay 100% of the premium of the State's Group Basic Life Insurance Policy. Other amounts of coverage for the employee, and spousal and dependent coverage shall be available to the employee at his/her own expense. INCOME CONTINUATION INSURANCE The City shall participate in the State's Group Income Continuation Insurance Program. The City will pay its employer's share. SECTION 125 PLAN The City shall select the administrator and offer a Seçtion 125 Plan as allowed by law. Employees will be allowed to contribute premium contributions, unreimbursed medical expenses, and dependent care expenses into the plan subject to the plan's rules and regulations. ARTICLE IX HOLIDAYS SECTION 1. Each full time employee shall be granted twelve (12) paid holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day before Christmas, Christmas Day, Spring Holiday, and Four (4) Floating Holidays; which shall be earned at the rate of 1.2 hours per pay period worked but not to exceed four days. Such days may 9 be scheduled and used in the same manner as vacation days with the approval of the Department Head. The Employer shall be responsible for rescheduling employees to accommodate floating holidays. ARTICLE X RETIREMENT FUND SECTION 1. In addition to the Statutory requirements, the Employer shall pay the employee's mandatory contribution to the retirement fund up to 6.5% of the employee's gross wage. ARTICLE XI SICK LEAVE SECTION 1. All permanent full-time employees shall accumulate sick leave with pay at the rate of one (1) work day for each month of service. For purposes of this section, leave without pay shall not be considered service. Unused sick leave credits shall accumulate to a maximum of one hundred fifty (150) days. SECTION 2. An employee may apply for sick leave with pay for absences necessitated by injury or illness to the employee. Sick leave may also be used for employee doctor or dental appointments that cannot be scheduled other than during the employee's work day. At least three (3) work days notice shall be required to apply for the leave for doctor or dental appointments which is subject to the approval of the supervisor for scheduling. Up to five (5) days of an employee's sick leave accumulation may be used per year for illness or injury, as well as for doctor and dental appointments that cannot be scheduled other than during the employee's work day of the employee's spouse or dependent children. At least three (3) work days notice shall be required to apply for leave for doctor and dental appointments which is subject to the approval of the supervisor for scheduling. In order to qualify for sick leave benefits an employee must: A. Report prior to the start of each work day to his supervisor for his/her absence. B. Keep his/her supervisor informed of the condition and estimated day of return to work. C. Submit a doctor's certificate for such absence upon request of the City, stating the nature of the illness or injury and whether or not the employee has been incapacitated for said period of absence. 10 SECTION 3. When completing the "Sick Leave Application" form, employees are not required to answer the section relating to remaining at home during evening hours, unless the absence is for more than one (1) day. This is not, however, a blanket authorization allowing employees to absent themselves from work while continuing normal activities during evening hours. Employees will be held accountable for all absences as in the past. Sick leave shall be regarded by all as a valuable, fÌee health and welfare insurance which in the best interest of all concerned should not be used unless a legitimate need exists. Sick leave is not a "right" like vacation: It is a privilege, to be used carefully. Unused accumulated sick leave up to one hundred fifty (150) days shall be paid to employees who die in service or retire under the Wisconsin Retirement System, at one-half the employee's rate in effect at such time. No sick leave, injury leave or temporary disability benefits shall be payable to any employee injured while in the employ of an employer other than the City of Oshkosh if the employee is covered by Worker's Compensation by the other employer. ARTICLE XII OVERTIME SECTION 1. Compensatory time shall be granted at the rate of 1 1/2 times for full time employees required to work over the normal work day or week. Compensatory time will be recorded and may be used during the year upon request of the employee and with the approval of the Department Head or at the direction of the Department Head except that balances in excess of 40 hours may be scheduled to be taken off by the employee's supervisor. Employees shall have the option to receive a payout of compensatory time on a semi-annual basis. SECTION 2. Overtime opportunities shall be offered to available qualified employees within the bargaining unit prior to overtime being assigned/offered to individuals outside of the bargaining unit. ARTICLE XIII LONGEVITY SECTION 1. The Employer agrees to the following longevity plan for all full time employees below the rank of Division Head and "non-working supervisor" who were employed prior to 1/1 /89. A B. C. D. $2.77 Biweekly after 5 years of continuous service. $5.54 Biweekly after 10 years of continuous service. $9.23 Biweekly after 15 years of continuous service. $12.92 Biweekly after 20 years of continuous service. No longevity under this Section 1 shall be paid to employees hired after 1/1/89. 11 Section 2. After January 1, 2004, employees who have attained 10-14 years of employment shall receive $500 payable the first pay period of the calendar year. Employees who have attained 15-19 years of employment shall receive $750 payable the first pay period of the calendar year. Employees who have attained 20 and over years of employment shall receive $1,000 payable the first pay period of the calendar year. Those employees reaching their 10th, 15th, and 20th year of service shall earn their longevity for that year on a prorated basis. Section 3. Grandfathering clause: This Section only applies to employees hired prior to 1/1/89. Employees with ten to fifteen years of service as of January 1, 2004, shall continue to receive longevity as shown in Section 1; however, once reaching the fifteenth year of service, employees shall receive payments as indicated in Section 2 above and shall no longer receive longevity as shown in Section 1. Employees with fifteen (15) to twenty (20) years of service as of January 1, 2004, shall continue to receive longevity as shown in Section 1; however, once reaching the twentieth year of service, employees shall receive payments as indicated in Section 2 above and shall no longer receive longevity as shown in the Section 1. Employees who have attained twenty (20) or more years of service as of January 1, 2004, shall continue to receive longevity as shown in Section 1 and the payment as indicated in Section 2 above. Those employees reaching their 10th, 15th and 20th year of service shall earn their longevity for that year on a prorated basis. ARTICLE XIV REST PERIODS SECTION 1. Full-time employees shall be granted two (2) fifteen (15) minute rest periods per work day, one (1) to be scheduled during the first half of the work day, and one (1) to be scheduled during the second half of the work day. Such breaks may not be accumulated. ARTICLE XV VACATION SECTION 1. All regular full-time employees shall be granted vacation leave with pay based upon the following schedule in each succeeding calendar year. SECTION 2. Each full-time employee with less than one full calendar year of service shall be granted a vacation in the succeeding calendar year on a prorated basis in proportion to the length of time worked, based upon the following schedule: 12 SCHEDULE A B. C. D. E. 1 year of continuous service = 2 weeks vacation. 7 years of continuous service = 3 weeks vacation. 12 years of continuous service = 4 weeks vacation. 20 years of continuous service = 5 weeks vacation. 25 years of continuous service = 5 weeks. Effective 1/1/06: 25 years of continuous service = 5 weeks plus one (1) day vacation. In the event of separation prior to completion of one year of service, no terminal vacation shall be paid. SECTION 3. For vacation purposes only, when the division and/or department is accreted with another, granting a vacation will be based on seniority date of hire with the City of Oshkosh within the bargaining unit. ARTICLE XVI EMERGENCY LEAVE SECTION 1. In the case of death in the immediate family of a regular full time employee (spouse, children, step-children, parents, step-parents, sister, brother, step-brother, step-sister, brother-in-law, sister-in-law, mother-in-law, father-in-law, grandparents, grandchildren, son-in-law, daughter-in-law, guardian, half-brother, half-sister), the employee will be paid for the scheduled time lost fÌom the day of death up to and including the scheduled work day after the funeral, but not to exceed three (3) scheduled work days at his/her regular straight time hourly rate and not to exceed seven and one-half (7 1/2) hours per day. In the event that the death occurs while an employee is on any authorized paid leave of absence, such leave of absence shall not be counted, but funeral leave shall apply. ARTICLE XVII LEAVE WITHOUT PAY SECTION 1. Applications for leave of absence without pay shall be made in writing to the Department Head, stating the period of such leave, and reasons for same. Disposition of such requests will be made on the basis of staffing requirements of the Employer. 13 ARTICLE XVIII UNAUTHORIZED ABSENCE SECTION 1. No employee may be absent fÌom duty during working hours without the permission of the responsible Department Head. Any employee absent without permission shall be subject to disciplinary action. ARTICLE XIX CONDUCT OF BUSINESS The Union agrees to conduct its business off the job as much as possible. This Article shall not operate as to prevent a steward fÌom the proper conduct of any grievance in accordance with the procedure outlined in this Agreement nor to prevent certain routine business such as the posting of Union notices and bulletins. Business agents or representatives of the Union having business with the officers or individual members of the Union may confer with such officers or members during the course of the work day for a reasonable time, provided that permission is first obtained fÌom the supervisor immediately in charge of employees who are such officers or members. The Employer hereby agrees not to deduct such reasonable time from the pay of such employees. The Employer agrees that time spent in meetings with City representatives (and in caucuses during such meetings) in the conduct of grievances and/or negotiations shall not be deducted from the wages of any delegated employee representatives of the Union. ARTICLE XX WAIVER OF RIGHTS SECTION 1. Each party to this Agreement expressly retains all rights and authority possessed by it or them under Wisconsin or Federal laws, regulations or statutes. In the event that any clause, provision, or portion of this Agreement is held invalid or inoperative such invalidity or inoperativeness shall not affect other clauses, provisions, or portions of this Agreement. The parties hereby declare their intent that all clauses, provisions, and portions of this Agreement are severable. SECTION 2. If said invalidity arises through conflict with a specific statute, then the statute shall govern that portion of the Agreement which is in conflict, and negotiations shall be instituted to adjust the invalidated clause. 14 ARTICLE XXI GRIEVANCE PROCEDURE SECTION 1 . Both the Union and the City recognize that grievances should be settled promptly and at the earliest possible stage and that the grievance must be initiated within five (5) working days of the incident. A grievance is defined as any violation, misinterpretation, or noncompliance with the provisions of this Contract. Any employee may process grievances as outlined, and may be assisted by the Union at the option of the employee. Step 1. The aggrieved employee or the Union may present the grievance orally to the employee's supervisor. The employee or the Union and the supervisor shall attempt to resolve the grievance. The supervisor shall state the Employer's position to the employee and the Union within three (3) consecutive work days. Within three (3) consecutive workdays after the supervisor has stated the Employer's position, the employee shall advance the grievance to Step 2, or the matter shall be considered settled by all parties. Step 2. The employee or the Union shall submit the grievance in writing to the department director. The position of the department director shall be stated in writing within three (3) consecutive work days to the employee and the Union. After receipt of the department director's statement, the employee or the Union shall advance the grievance to Step 3 or the matter shall be considered settled by all parties. Step 3. The employee or the Union shall submit the grievance in writing along with a copy of the department director's statement to the City Manager. The City Manager shall issue a statement in writing to the employee and the Union and the department director within five consecutive work days. The employee or the Union shall advance the grievance to Step 4 or the matter shall be considered settled by all parties. Step 4. If the Union does not consider the grievance to be resolved, it may request that the grievance be submitted to arbitration. The Union shall give written notice of its request for arbitration within ten (10) days after the receipt of the City Manager's statement. Upon receipt of such notice, the Union and the Employer shall endeavor to select an impartial arbitrator by mutual agreement. In the event the parties are unable to agree upon an arbitrator, they shall each select three (3) arbitrators fÌom the Wisconsin Employment Relations Commission staff. From those six (6) arbitrators, five (5) names shall be drawn. The parties shall then proceed to alternately strike ITom that panel until an arbitrator is selected. The striking order shall be determined by a coin toss. The decision of the arbitrator shall be final and binding. The arbitrator shall have no right to amend, modify, ignore or add to the provisions of this Agreement. The decision of the arbitrator shall be based solely upon the arbitrator's interpretation of the "express language" of the Agreement. 15 If the WERC or its successor agency no longer provides arbitrators fÌom its staff the following language shall apply: Step 4. Ifthe Union does not consider the grievance to be resolved, it may request that the grievance be submitted to arbitration. The Union shall give written notice of its request for arbitration within ten (10) days after the receipt of the City Manager's statement by requesting the Wisconsin Employment Relations Commission to furnish a panel of independent arbitrators from which the parties shall select one arbitrator to hear the matter set forth in the grievance. The parties shall proceed to alternately strike fÌom that panel until an arbitrator is selected. The striking order shall be determined by a coin toss. The losing party, based on the decision of the arbitrator, shall pay all costs of the arbitrator. The Employer will be deemed the losing party if the grievance is sustained in whole or in part. The decision of the arbitrator shall be final and binding. The arbitrator shall have no right to amend, modify, ignore or add to the provisions of this Agreement. The decision of the arbitrator shall be based solely upon his interpretation of the "express language" of the Agreement. ARTICLE XXII WORKER'S COMPENSATION During the period of time an employee is receiving Worker's Compensation while on temporary disability, the employee's option of sick leave, vacation or holiday leave may be used in equal proportion to the difference between the employee's regular wages and the amount of Worker's Compensation (currently one-third (1/3) day sick leave per day). ARTICLE XXIII REOPENER SECTION 1. During the course of the contract year, any article of this Agreement may be opened for negotiations by mutual consent of both parties to the Agreement. Negotiations under this Article shall be restricted to that Article stated in the request for discussion. ARTICLE XXIV SCOPE OF NEGOTIATIONS SECTION 1. It is agreed between the parties of the Contract that the clauses, provisions, or portions set forth in this Agreement constitute the scope of negotiations for the period of the contract. 16 ARTICLE XXV RESOLUTION OF DIFFERENCE BY PEACEFUL MEANS The City and the Union agree that differences between the parties shall be settled by peaceful means as provided within this Agreement and that there shall be no strike or any other type of mass work stoppage during the term of this Agreement. It is understood that differences are intended to be settled through the grievance procedure contained herein. ARTICLE XXVI RECOGNITION AND UNIT OF REPRESENTATION The Employer recognizes the Union as the exclusive collective bargaining representative with the Employer or its lawfully recognized representatives, on matters of wages, hours and conditions of employment, for all regular full-time clerical and paraprofessional employees of the City of Oshkosh, excluding supervisory, managerial and confidential employees as certified by the Wisconsin Employment Relations Commission on June 28,1993. (Decision No. 27663-A). In the event new positions are added by the City, which would arguably be within the scope of the Unit, the Union shall be notified for the purpose of negotiating inclusion or exdusion fÌom the bargaining unit. ARTICLE XXVII DUES DEDUCTIONS The Union, as the exclusive representative of all the employees in the bargaining unit, will represent all such employees, union and nonunion fairly and equally, and all employees in the unit will be required to pay, as provided in this article, their proportionate share of the costs of representation by the Union. No employee shall be required to join the Union, but membership in the Union shall be made available to all employees who apply consistent with the Union constitution and bylaws. No employee shall be denied union membership because ofrace, creed, color or sex. The Employer agrees that it will deduct fÌom the monthly earnings of all employees in the collective bargaining unit the monthly dues certified by the Union as the current dues uniformly required of all members, and pay said amount to the treasurer of the Union on or before the end of the month in which such deduction was made. Changes in the amount of dues to be deducted shall be certified by the Union thirty (30) days before the effective date of the change. As to new employees, such deduction shall be made fÌom the first paycheck following the first day of completion of their probationary period. 17 The Union and Wisconsin Council 40, AFSCME, AFL-CIO, do hereby indemnify and shall save the City harmless against any and all claims, demands, suits, or other forms of liability including court costs that shall arise out of or by reason of action taken, or not taken, by the City which City action or non-action is in compliance with this agreement, and in reliance on any lists or certificates which have been furnished to the City pursuant to this Article, provided that the defense of any such claims, demands, suits, or other forms of liability shall be under the control of the Union and its attorneys. However, nothing in this section shall be interpreted to preclude the City from participating in any legal proceedings challenging the application or interpretation of this Article through representatives of its own choosing and at its own expense. ARTICLE XXVIII COMPLETE AGREEMENT The foregoing constitutes the entire agreement between the parties and no verbal statement or past practice shall supersede any of its provisions. ARTICLE XXIX DURATION This Agreement shall become effective January 1, 2004, and shall remain in full force and effect until and including December 31, 2006, and shall be automatically renewed fÌom year to year unless negotiations are instituted by September 1, or any subsequent year. IN. ~TNESS WHEREOF, the parties hereto have executed this Agreement on this day of ~ /,1 ,2004,by: ' FOR THE CITY OF OS OSH FOR THE UNION I hereby certify that the necessary provisIOns have been made to pay the liability which will accfUÿ¡nder this contract. ,Q. . h1A.~ ('). AA.N~ ~~~~ Warren P. Kraft, City Attomey\ Approved: AFSCME REPRESEN ATIVE: C,/J 18 OSHKOSH CLERICAL-PARAPROFESSIONAL UNION LOCAL 796-B, AFSCME, AFL-CIO RATES EFFECTIVE PAY PERIOD 1, 2004(2.25%) CLASS RNG. . FREO. SPAN A B C D E Parking Control 1 6mo. 1 yr. Biw. 907.98 939.24 963.75 Clerk Typist I Mo. 1967.29 2035.02 2088.13 Duplicating Machine Oper. Secretary I 2 6mo. 2 yr. Biw. 924.21 948.70 973.08 1004.50 1025.43 Clerk Typist II Mo. 2002.46 2055.52 2108.34 2176.42 2221.77 Account Clerk I 3 6mo. 2 yr. Biw. 963.75 995.62 1028.61 1062.70 1099.76 Family Housing Coordinator Mo. 2088.13 2157.18 2228.66 2302.52 2382.81 Word Processing Operator Detective Secretary Central Records Processor Records Clerk Assessment Technician Court Liaison Clerk 4 1 yr. 4 yr. Biw. 1025.37 1074.20 1126.46 1161.34 1203.20 Property Evidence Clerk Mo. 2221.64 2327.43 2440.66 2516.24 2606.93 Office Assistant Computer Operator Cashier Production Specialist (moved to Rng. 6) Account Clerk II 5 1 yr.. 4 yr. Biw. 1074.20 1109.00 1133.46 1171.49 1231.12 Museum Activities Coord. Mo. 2327.43 2402.83 2455.83 2538.23 2667.43 Asst. Telcom. Manager Property Appraiser I Telecommunications Clerk Health Aide Building Maint. Custodian 6 1 yr. 4 yr. Biw. 1074.20 1126.46 1171.49 1231.12 1290.43 Production Specialist Mo. 2327.43 2440.66 2538.23 2667.43 2795.93 Staff Artist 7 1 yr. 4yr. Biw. 1126.46 1171.49 1231.12 1290.43 1349.70 Bldg. Maint. Custodian II Mo. 2440.66 2538.23 2667.43 2795.93 2924.35 Senior Buyer 8 1 yr.. 4 yr. Biw. 1171.49 1231.12 1290.43 1349.70 1415.92 Accountant Mo. 2538.23 2667.43 2795.93 2924.35 3067.83 Exhibit Technician Curator Registrar 9 1 yr. 4 yr. Biw. 1231.12 1290.43 1349.70 1415.92 1478.70 Mo. 2667.43 2795.93 2924.35 3067.83 3203.85 Parking Meter Servo II 10 1 yr. 4 yr. Biw. 1276.43 1335.72 1395.02 1454.30 1520.55 Maintenance Coordinator Mo. 2765.60 2894.06 3022.54 3150.98 3294.53 Engineering Specialist . Official rates are biweekly. 19 OSHKOSH CLERICAL-PARAPROFESSIONAL UNION LOCAL 796-B, AFSCME, AFL-CIO RATES EFFECTIVE PAY PERIOD 1, 2005 (2.5%) CLASS RNG. FREQ. SPAN A B C D E Parking Control 1 6mo. 1 yr. Biw. 930.68 962.72 987.84 Clerk Typist I Mo. 2016.47 2085.89 2140.32 Duplicating Machine Oper. Secretary I 2 6mo. 2 yr. Biw. 947.32 972.42 997.41 1029.61 1051.07 Clerk Typist II Mo. 2052.53 2106.91 2161.06 2230.82 2277.32 Account Clerk I 3 6mo. 2 yr. Biw. 987.84 1020.51 1054.33 1089.27 1127.25 Family Housing Coordinator Mo. 2140.32 2211.11 2284.38 2360.09 2442.38 Word Processing Operator Detective Secretary Central Records Processor Records Clerk Assessment Technician Court Liaison Clerk 4 1 yr. 4 yr. Biw. 1051.00 1101.06 1154.62 1190.37 1233.28 Property Evidence Clerk Mo. 2277.17 2385.63 2501.68 2579.14 2672.11 Office Assistant Computer Operator Cashier Account Clerk II 5 1 yr.. 4 yr. Biw. 1101.06 1136.73 1161.80 1200.78 1261.90 Museum Activities Coord. Mo. 2385.63 2462.92 2517.23 2601.69 2734.12 Asst. Telcom. Manager Property Appraiser I Telecommunications Clerk Health Aide Building Maint. Custodian 6 1 yr. 4 yr. Biw.1101.06 1154.62 1200.78 1261.90 1322.69 Production Specialist Mo. 2385.63 2501.68 2601.69 2734.12 2865.83 Staff Artist 7 1 yr. 4 yr. Biw. 1154.62 1200.78 1261.90 1322.69 1383.44 Bldg. Maint. Custodian II Mo. 2501.68 2601.69 2734.12 2865.83 2997.45 Senior Buyer 8 1 yr.. 4 yr. Biw. 1200.78 1261.90 1322.69 1383.44 1451.32 Accountant Mo. 2601.69 2734.12 2865.83 2997.45 3144.53 Exhibit Technician Curator Registrar 9 1 yr. 4yr. Biw. 1261.90 1322.69 1383.44 1451.32 1515.67 Mo. 2734.12 2865.83 2997.45 3144.53 3283.95 Parking Meter Servo II 10 1 yr. 4 yr. Biw. 1308.34 1369.11 1429.90 1490.66 1558.56 Maintenance Coordinator Mo. 2834.74 2966.41 3098.12 3229.76 3376.88 Engineering Specialist * Official rates are biweekly rates. 20 OSHKOSH CLERICAL-PARAPROFESSIONAL UNION LOCAL 796-B, AFSCME, AFL-CIO RATES EFFECTIVE PAY PERIOD 1,2006 (2.75%) CLASS RNG. FREQ. SPAN A B C D E Parking Control 1 6mo. 1 yr. Biw. 956.27 989.19 1015.01 Clerk Typist I Mo. 2071.92 2143.25 2199.19 Duplicating Machine Oper. Secretary I 2 6mo. 2 yr. Biw. 973.37 999,16 1024.84 1057.92 1079.97 Clerk Typist II Mo. 2108.97 2164.85 2220.49 2292.16 2339.94 Account Clerk I 3 6mo. 2 yr. Biw. 1015.01 1048.57 1083.32 1119.22 1158.25 Family Housing Coordinator Mo. 2199.19 2271.90 2347.19 2424.98 2509.54 Word Processing Operator Detective Secretary Central Records Processor Records Clerk Assessment Technician Court Liaison Clerk 4 1 yr. 4 yr. Biw. 1079.90 1131.34 1186.37 1223.11 1267.20 Property Evidence Clerk Mo. 2339.78 2451.24 2570.47 2650.07 2745.60 Office Assistant Computer Operator Cashier Account Clerk II 5 1 yr.. 4 yr. Biw.1131.34 1167.99 1193.75 1233.80 1296.60 Museum Activities Coord. Mo. 2451.24 2530.65 2586.46 2673.23 2809.30 Asst. Telcom. Manager Property Appraiser I Telecommunications Clerk Health Aide Building Maint. Custodian 6 1 yr. 4yr. Biw.1131.34 1186.37 1233.80 1296.60 1359.06 Production Specialist Mo. 2451.24 2570.47 2673.23 2809.30 2944.63 Staff Artist 7 1 yr. 4yr. Biw. 1186.37 1233.80 1296.60 1359.06 1421.48 Building Maint. Custodian II Mo. 2570.47 2673.23 2809.30 2944.63 3079.87 Senior Buyer 8 1 yr.. 4 yr. Biw. 1233.80 1296.60 1359.06 1421.48 1491.23 Accountant Mo. 2673.23 2809.30 2944.63 3079.87 3231.00 Exhibit Technician Curator Registrar 9 1 yr. 4yr. Biw. 1296.60 1359.06 1421.48 1491.23 1557.35 Mo. 2809.30 2944.63 3079.87 3231.00 3374.26 Parking Meter Servo II 10 1 yr. 4 yr. Biw. 1344.32 1406.76 1469.22 1531.65 1601.42 Maintenance Coordinator Mo. 2912.69 3047.98 3183.31 3318.58 3469.74 Engineering Specialist * Official rates are biweekly rates. 21