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HomeMy WebLinkAbout10-401DECEMBER14, 2010 10 -401 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE LABOR CONTRACT /OSHKOSH CLERICAL - PARAPROFESSIONAL UNION, LOCAL 796 -B, AFSCME, AFL -CIO FOR YEARS 2010 & 2011 INITIATED BY: ADMINISTRATIVE SERVICES DEPARTMENT WHEREAS, the City of Oshkosh and Oshkosh Clerical - Paraprofessional Union, Local 796 -B, AFSCME, AFL -CIO previously negotiated a Working Conditions Agreement for calendar years 2007 -2009; and WHEREAS, the parties reached a tentative agreement for certain changes to the labor contract for years 2010 & 2011; and WHEREAS, Oshkosh Clerical - Paraprofessional Union, Local 796 -B, AFSCME, AFL -CIO has ratified these changes and it is appropriate for the Common Council to approve this agreement. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached changes to the current labor contract with Oshkosh Clerical - Paraprofessional Union, Local 796 -B, AFSCME, AFL -CIO are approved and the proper City officials are authorized and directed to enter into an appropriate agreement for these purposes, the execution copy being deemed approved by their respective signatures, and said City officials are further authorized and directed to take those steps necessary to implement the terms and conditions of the labor contract. CITY HALL 215 Church Avenue P.O. Box 1130 o5hk °s 5 9031130 City of Oshkosh 0 OlHKQIH MEMORANDUM Date: December 9, 2010 To: Mark Rohloff, City Manager From: John Fitzpatrick, Assistant City Manager / Director of Administrative Services Re: AFSCME Local 7966 Contract for 2010 -2011 As you know, we reached a tentative agreement on November 9, 2010 with AFSCME Local 7966 for the contract years of 2010 and 2011. This agreement was ratified by AFSCME Local 7966 on November 22, 2010. I believe this agreement is good for both AFSCME Local 7966 and the City as it: 1) Equalizes AFSCME Local 7966 employee contributions to health insurance with other employee groups. 2) Restores the integrity of percentage contribution by increasing the flat dollar caps to better define an employee's contribution to health. 3) Provides a modest wage increase dependent upon insurance changes. 4) Provides opportunity for voluntary settlements with all other represented groups. Included in this packet is the conceptual tentative agreement ratified by AFSCME Local 7966 and a financial statement which details all existing costs and the costs associated with the agreement. Please let me know if you or any of the Council Members have any questions and thank you for your support and assistance with this process. Attachments: 2010 -2011 AFSCME Local 7966 TA AFSCME Local 7966 Costing Information CITY OF OSHKOSH TENTATIVE AGREEMENT WITH LOCAL 796 -B (CLERICAL /PARAPROFESSIONALS) AFSCME, AFL -CIO Before Sue Bauman, WERC November 9, 2010 Note: All provisions of the previous contract shall continue in the successor agreement except for the changes noted below: TA1. Article V - Termination of Employment Revise as follows: Article V - Suspension- Demotion - Discharge Suspension Suspension is defined as the temporary removal without pay of an employee from his /her designated position. a. Suspension For Cause The Employer may for disciplinary reasons suspend an employee at any time. Any employee who is suspended, except probationary and temporary employees, shall be given a written notice of the reason for the action and a copy of such notice shall be made part of the employee's personnel history record and a copy shall be sent to the Union. No suspension for cause shall exceed 30 calendar days. b. Suspension During An Investigation During investigation, hearing, or trial of an employee on any civil or criminal charge when suspension would be in the interest of the City, an employee may be suspended by the Employer for the duration of the proceedings. The suspension shall terminate within ten (10) days after completion of the case for which he/she was suspended, by reinstatement or by other appropriate action, by resignation or dismissal of the employee. If the employee is suspended and then exonerated of all blame, he/she will be reimbursed in full for all loss pay after the suspension and for purposes of employee benefits and seniority, the suspension will be considered not to have taken place. Demotion: Demotion is defined as the movement of an employee to a lower pay range. a. Demotion For Cause An employee may be demoted by the Employer for just cause in the interest of good discipline, or for the good of the service. An employee who is demoted shall be given a written notice of the reasons of the action at the time of demotion and a copy shall be made a part of the employee's personnel history record, and a copy sent to the Union. b. Voluntary Demotion An employee may request or accept voluntary demotion when the position he /she occupies is allocated to a lower class or when assignment to less difficult or responsible work would be to his /her advantage and in the interest of the service. The employee shall continue to receive his /her former rate of pay until the end of the current pay period. Dismissal No employee shall be discharged except for cause. An employee who is dismissed, except probationary and temporary employees, shall be given a written notice of the reasons for the action and a copy of the notice shall be made a part of the employee's personal history record, and a copy sent to the Union. An employee who has been discharged may use the grievance procedure by giving written notice to the steward and the department head within five (5) days after dismissal. Such appeal will go directly to the appropriate step of the grievance procedure. Usual Disciplinary Procedure The usual progression of disciplinary action shall be oral reprimand, written reprimand, suspension, (demotion -- if appropriate) and dismissal. This progression can be altered based on the individual circumstances. The Union shall also be furnished a copy of any written notice of reprimand, suspension or discharge. A written reprimand sustained in the grievance procedure or not contested shall be considered a valid warning. 2. Article IV Probationary Period and Employment Status Section 1 . Revise this paragraph to read as follows: TA "A permanent employee is one who is newly 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 and such action is not subject to the -grievance procedure. The last two sentences of Section 1 would be deleted These sentences read as follows: TA "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." 3. Article XVI, Emergency Leave TA This section would be re- titled "Funeral Leave ". Section 1 would be amended to insert the word "legal" before the word "guardian" in the fourth line of this section. 4. Article XXI, Grievance Procedure Change the first paragraph to read: Both the Union and the City recognize that grievances and complaints should be settled promptly and at the earliest stage and that the grievance process must be initiated within 10 work days of the incident or knowledge of the incident. A 2 grievance shall be defined as a dispute which involves the interpretation, application or compliance of the provision of this Agreement. The written grievance shall include the facts upon which the grievance is based, the articles alleged to be violated and the relief sought. The grievance shall be signed and dated by the grievant. All grievances which may arise shall be processed in the following manner: Add the following language to this article: "If a grievance is not presented within the time limits set forth herein, it shall be considered waived. If the City does not answer a grievance within the specified time limits, the Union may appeal the grievance to the next step. Time limits in each step may be extended by mutual written agreement between the parties." 5. Wages 2010 - first pay period - 40¢ across the board increase 2011 - first pay period - 2% across the board increase Note: In Pay Range 1 add two new steps: D = $1,124 and E _ $1,139 in 2009 rates. Delete Pay Range 9 and renumber remaining steps. 6. Article VIII, Health Insurance (pp. 9 -10). Change the contract to provide the following: Health Insurance Employee Contributions A. Employee contributions for EPO with HRA Effective January 1, 2010, employees will contribute up to 6% up to a maximum of $29 per month towards single; $54 per month towards dual and $71 per month towards family premium equivalents. Effective January 1, 2011, employees will contribute up to 6% up to a maximum of $37 per month towards single; $67 per months towards dual and $92 per month towards family premium equivalents. B. Employee contributions for PPO with HRA Effective January 1, 2010, employees will contribute up to 7% up to a maximum of $44 per month towards single; $75 per months towards dual and $101 per month towards family premium equivalents. Effective January 1, 2011, Effective employees will contribute up to 7% up to a maximum of $57 per month towards single; $104 per months towards dual and $144 per month towards family premium equivalents. C. Employee contributions for EPO without HRA Effective January 1, 2010, employees will contribute up to 10% up to a maximum of $39 per month towards single; $69 per month towards dual and $91 per months towards the family premium equivalents. Effective January 1, 2011, employees will contribute up to 10% up to a maximum of $62 per month towards singe; $111 per month towards dual and $154 per month towards the family premium equivalents. D. Employee contributions for PPO without HRA: Effective January 1, 2010, employees will contribute up to 10% up to a maximum of $54 per month towards single; $90 per month towards dual and $118 per month towards the family premium equivalents. Effective January 1, 2011, employees will contribute up to 10% up to a maximum of $82 per month towards singe; $148 per month towards dual and $205 per month towards the family premium equivalents. E. Employees Hired After January 1, 2011 All employees hired after July 1, 2010 may select either the PPO or EPO health plan with or without HRA. An employee selecting the EPO health plan, with or without HRA, shall be subject to the contribution levels specified above and on the same basis as employees hired before July 1, 2010. An employee selecting the PPO plan shall pay one -third (33 %) of the difference between the City's contribution to the single, dual or family EPO plan with or without HRA and the corresponding selected PPO plan. Not in Contract: Examples Applicable To Employees Hired After January 1, 2011: A. PPO with HRA An employee hired after January 1, 2011, who selects the PPO plan with HRA will contribute 33% of the difference between the EPO with HRA and PPO with HRA: 2011 Single $80 Dual $144 Family $200 B. PPO without HRA An employee hired after January 1, 2011, who selects the PPO plan without HRA will contribute 33% of the difference between the EPO without HRA and the PPO without HRA. 2011 Single $88 Dual $159 Family $220 C. EPO with or without HRA An employee who is hired after January 1, 2011, who selects the EPO plan with or without the HRA will make the same contribution as all employees hired before January 1, 2011 as listed above who select the EPO plan with or without the HRA, as appropriate. 7. Article XV - Vacations Section 2.D. Change "20" years of continuous service = 5 weeks vacation to "18" years continuous service. Effective January 1, 2010. 8. Article XI - Sick Leave Add: Section 4: Sick Leave Incentive If an employee does not use any accumulated sick leave time in the six month periods from January 1 through June 30 or July 1 through December 31, he /she shall be granted an additional floating holiday of 3.75 hours per 6 month period, which must be used in the subsequent six months. (Note: Effective date: January 1, 2011) Note: Numbers 5, 6 and 7, above are retroactive to January 1, 2010. The remaining items will become effective upon ratification of the contract by both sides or the specific date listed. K:\DOCS\07470\95446\5062557 12 -9 -2010 City of Oshkosh & AFSCME Local 796 -B (Paraprofessional) 2010 -2011 Agreement Costing Information Base Year Salaries Step Increase Longevity Hourly Adjustment Total Salary Avg Salary $ Increase % Increase $ 1,945,024 $ 26,500 $ 1,971,524 $ 35,846 $ 1,983,925 $ 19,523 $ 29,000 $ 4,290 $ 2,036,737 $ 37,032 $ 1,186 3.31% $ 2,027,979 $ 35,307 $ 31,250 $ 2,094,536 $ 38,082 $ 1,051 2.84% Additional Information 1. AFSCME Local 796 -B costing information is based on 55 members. 2. Health ins. costing assumes all employees participate in the health risk assessment & 2011 premiums include an estimated 8% increase. 3. State imposed retirement rate for general employees increased .6% in 2010 and .6% in 2011. 4. An additional two steps in pay range 1 are reflected in the step amounts. 5. An additional $.04 per hour in 2010 is reflected in the hourly adjustment section. 6. Across - the -board wage increases are 2% in 2010 and 2% in 2011. Employer Share Employer Share Employer Share Health Insurance (PPO) $ 528,719 $ 516,971 $ 549,021 Health Insurance (EPO) $ 161,589 $ 159,129 $ 170,242 Total Health Insurance $ 690,308 $ 676,100 $ 719,263 Total Salary & Health Insurance $ 2,661,832 $ 2,712,837 $ 2,813,799 Avg Salary & Health Insurance $ 48,397 $ 49,324 $ 51,160 $ Increase $ 927 $ 1,836 %Increase 1.92% 3.72% ICI 0.250% $ 4,929 $ 5,092 $ 5,236 Life Insurance $ 7,300 $ 7,446 $ 7,595 FICA/Med 7.65% $ 150,822 $ 155,810 $ 160,232 WRS 11.80% $ 232,640 12.40% $ 252,555 13.00% $ 272,290 Total Salary & Benefits $ 3,057,522 $ 3,133,740 $ 3,259,152 Avg Salary & Benefits $ 55,591 $ 56,977 $ 59,257 $ Increase $ 1,386 $ 2,280 % Increase 2.49% 4.00% Additional Information 1. AFSCME Local 796 -B costing information is based on 55 members. 2. Health ins. costing assumes all employees participate in the health risk assessment & 2011 premiums include an estimated 8% increase. 3. State imposed retirement rate for general employees increased .6% in 2010 and .6% in 2011. 4. An additional two steps in pay range 1 are reflected in the step amounts. 5. An additional $.04 per hour in 2010 is reflected in the hourly adjustment section. 6. Across - the -board wage increases are 2% in 2010 and 2% in 2011.