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Home My WebLink AboutOshkosh Clerical-Paraprofessional Union Local 796-B AFSCME, AFL-CIO 2010-2011 2010 -2011 AGREEMENT OSHKOSH CLERICAL - PARAPROFESSIONAL UNION LOCAL 796 -B, AFSCME, AFL -CIO • AND CITY OF OSHKOSH INDEX ARTICLE Page I Management Rights . 4 II Pay Policy . 4-5 III Rules and Regulations . 5 IV Probationary Period & Employment Status . 5 V Suspension-Demotion-Discharge. . 6-7 VI Work Hours . 7 VII Seniority, Layoff and Job Postings . 8-10 VIII Medical Benefits Plan . 11 -12 Life Insurance 12 Income Continuation Insurance 13 Section 125 Plan . 13 IX Holidays . 13 X Retirement Fund . 13 XI Sick Leave . 13-15 XII Overtime . 15 XIII Longevity . 15 -16 XIV Rest Periods . 16 XV Vacation . . 16 XVI Funeral Leave 17 XVII Leave Without Pay . 17 XVIII Unauthorized Absence - 17 XIX Conduct of Business . 17 -18 • XX Waiver of Rights 18 XXI Grievance Procedure . 18 -19 2 XXII Worker's Compensation 20 XXIII Reopener . 20 XXIV Scope of Negotiations 20 XXV Resolution of Difference by Peaceful Means . 20 XXVI Recognition and Unit of Representation 20 -21 XXVII Dues Reductions . 21 XXVIII Complete Agreement . 22 XXIX Duration . 22 Rates effective Pay Period 1, 2010 . . 23 Rates effective Pay Period 1, 2011 . 24 Memorandum on "Policy on Vacation" . 25 3 AGREEMENT THIS AGREEMENT IS entered into to be effective January 1, 2010, by and between the City of Oshkosh, Wisconsin, party of the first part hereinafter referred to as the "Employer" 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 promote the morale, well being and security of said employee, 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 H 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 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. 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 of the provisions of this Agreement. SECTION 3. The employees of the 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. 5 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. 6 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. ARTICLE VI WORK HOURS SECTION 1. The work day and work week shall be as follows: 8:00 A.M. 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. 7 ARTICLE VII SENIORIT LAYOFF AND JOB POSTINGS SECTION 1. Seniori shall mean the status attained by length . Definition of seniority period. Seniority of continuous service following the successful completion of a probatea'Ytp the City in this shall accrue from the date an employee entered continuous employment unit and shall indicate time worked excluding personal leave of ab es ild ding g for thirty (30) days but including leaves of absence grant romotions and vacation selection. service. Seniority shall be a factor applied in layoffs, recalls, p t Divisional seniority is defined as the total calendar the seniority order shal be a tablished bthe t or more employees have the same start date, 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 Seniori : Seniority and the employment relationship shall be broken if an employee: A. Quits; B. Is discharged; C. Is absent from work for three (3) consecutive working days without notification to or approval by the City; D. Fails to report to work within eleven (11) working days of the notice of recall to a position that is greater than or equal to the number of hours he /she had been working prior to being laid off or fails to notify the City within six (6) working days of his/her intention regarding return to work following recall notice; E. Fails to report for work at termination of a leave of absence; G. Retires; or H. Is on layoff for eighteen (18) consecutive months. to SECTION 3. Lao . When laying off employees, employees within the affected y classification shall be laid off in inverse order to their length the bargaining unit provided that the more senior employee(s) can perform the available work. If an employee in the same classification where the layoff occurs chooses to exercise his/her right to accept as voluntary layoff, he/she shall notify the Director of Administrative Services. An employee g voluntary layoff shall not have the option to exercise bumping rights. affected employee may exercise his/her seniority by displacing (bumping) an employee with less seniority in the same classification. In all of the examples below, an employee who is laid off may bump a less - senior employee only when the employee unit may bedaid of rform only the duties of the employee being bumped. Members of the bargaining 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 from the division where the layoff occurs. The City will provide a two -week notice of layoff to affected employees. 8 If an employee affected by layoff chooses to exercise his/her seniority as described in the preceding paragraph, the following procedure must be followed: 1. The affected employee may bump into a higher classification provided that he /she has successfully filled such position on a non - temporary basis previously with the City; if this is not possible, then, 2. The affected employee must bump the least - senior employee in the same classification within his or her division; if this is not possible, then, 3. The affected employee must bump the least - senior employee in the same classification within his or her department; if this is not possible, then, 4. The affected employee must bump the least - senior employee in the same classification in the bargaining unit; if this is not possible, then, 5. The affected employee must bump the least - senior employee in an equal or lower pay range within his or her division; if this is not possible, then, 6. The affected employee must bump the least - senior employee in an equal or lower pay range within his or her department; if this is not possible, then, 7. The affected employee must bump the least - senior employee in an equal or lower pay range in the bargaining unit; if this is not possible, then, 8. The affected employee shall be laid off. SECTION 4. Recall. 1. Laid -off employees shall retain the right to be recalled for a period of eighteen (18) months after the employee's last day of work with the City. 2. If the City has a vacant position available for which a laid off employee is qualified, the employee shall be notified of such position and offered employment in that position, commencing as of the date specified in the notice. Where more than one employee with recall rights is qualified for the position the most senior employee will be recalled. 3. Employees shall be notified of recall by certified mail, return receipt requested. The employee shall respond to the recall by the date specified in the notice. It shall be the responsibility of the employee to keep the City advised of his or her current whereabouts. The City shall simultaneously provide the Union with the copies of any recall notice sent under this section. An employee's failure to respond to the recall notice within six (6) working days of receipt of the notice will be considered a waiver of that employee's recall rights. An employee must 9 report to work within eleven (11) working days of the notice of recall or the employee shall be deemed to have waived his/her recall rights. 4. A full -time employee on layoff status may refuse recall offers of part-time, substitute, or other temporary employment without loss of rights to the next available full -time positions for which the employee is qualified. Full -time employees on layoff status shall not lose rights to a full -time position by virtue of accepting part-time or substitute appointments with the City. Recall rights shall end should an employee refuse recall to a position in the bargaining unit. 5. No new permanent appointments may be made by the City while there are employees who have been laid off who are willing, available and qualified to fill the vacancy. SECTION 5. Job Postings. When the Employer deems it necessary to fill a vacancy or new position and before recalling a laid off employee to a vacant or 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 from 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 from 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 from 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 bargaining unit employee applies or is qualified, the Employer may hire from 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. 10 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, 2007. 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. 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 Union. Whenever the City is considering any of these changes, the Union may provide input into a decision. This input is limited to advisory only and will not affect the City's responsibility to select a provider or administrator The city will implement a dual choice health plan: a PPO and an EPO. Health Risk Assessment (HRA): Employee participation in the City's Health Risk Assessment (HRA) program is voluntary. To receive the preferred premium contribution rate, the employee must participate in the HRA. Participation by the employee's spouse in the HRA is encouraged but not required. Participation in the follow -up coaching program is recommended and is offered on a voluntary basis. The City reserves the right to offer an HRA and select the HRA administrator in its sole discretion. The City shall pay for the costs to provide the HRA. In the event the City elects to discontinue the HRA program, employees shall contribute the preferred employee health insurance rates. The City shall not be entitled to nor shall it receive individual participant HRA reports or information. The information received by the City concerning the HRA or participants shall be limited to an aggregate summary report which does not include individually identifiable information. 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. 11 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 month 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. 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. 12 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 Section 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 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. SECTION 2. Employees who are required to work after being scheduled to do so by his/her immediate supervisor on an established holiday shall receive double (2x) their regular pay for all hours worked in addition to the Holiday Pay. 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 13 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. 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, free 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. 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 14 31, he /she shall be granted an additional floating holiday of 3.75 hours per January 1, which must be used in the subsequent six (6) months (EFFECTIVE 2011.) 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 the employee's Employees shall have 40 hours may be scheduled to be taken off by p Y ee's the option to receive a pay out 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 toa non�wo k g supervisor who for were employed employees below the rank of Division Head an prior to 1/1 /89. A. $2.77 Biweekly after 5 years of continuous service. B. $5.54 Biweekly after 10 years of continuous service. C. $9.23 Biweekly after 15 years of continuous service. D. $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. 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 hall no longer n of receive longevity as shown in Section 1. Employees with fifteen (15) to twenty (20) y e 15 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: SCHEDULE A. 1 year of continuous service = 2 weeks vacation. B. 7 years of continuous service = 3 weeks vacation. C. 12 years of continuous service = 4 weeks vacation. D. 18 years of continuous service = 5 weeks vacation. (Effective 1 /1 /10) E. 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. 16 ARTICLE XVI FUNERAL 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, legal guardian, half - brother, half - sister), the employee will be paid for the scheduled time lost from 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. ARTICLE XVIII UNAUTHORIZED ABSENCE SECTION 1. No employee may be absent from 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 from 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 from the supervisor immediately in charge of employees who are such officers or members. 17 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. ARTICLE XXI GRIEVANCE PROCEDURE SECTION 1 . 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 ten (10) work days of the incident or knowledge of the incident. A 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: 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 18 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 from 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 from 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. If the WERC or its successor agency no longer provides arbitrators from its staff the following language shall apply: 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 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 from 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. 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 of the parties. 19 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. 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 20 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 exclusion from 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 of race, creed, color or sex. The Employer agrees that it will deduct from 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 from the first paycheck following the first day of completion of their probationary period. 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. 21 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, 2010, and shall remain in full force and effect until and including December 31, 2011, and shall be automatically renewed from year to year unless negotiations are instituted by September 1, or any subsequent year. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , / ? / co/1 , by: FOR THE CITY OF OSHKOSH FOR THE UNION , ...w _ 4 --- )47d/66 ' ________ ___T ohloff, Ci ..• . lir P sident rt_ .A� g_aU ... C.1 Pamela R. Ubrig, City Cler IF 1 -Present I hereby certify that the necessary provisions ecret. have been made to pay the liability which will ac under this c ct. Treasurer Peggy Steeno, Dir. of Finance Approved: AFSCME REPRES TATIVE: App : ed: ( / Iii... // Lynn A'. Lorenson, City Attorney 22 OSHKOSH CLERICAL - PARAPROFESSIONAL UNION LOCAL 796 -B, AFSCME, AFL -CIO Rates Effective Pay Period 1, 2010 ($.40 hr.) CLASS RNG FRED SPAN A B C D E Parking Control 1 6 mo. 2 yr. Biw. 1075.55 1111.54 1139.77 1154.00 1169.00 Clerk Typist I Mo. 2330.36 2408.34 2469.50 2500.33 2532.83 - Central Services Coordinator Secretary I 2 6 mo. 2 yr. Biw. 1094.26 1122.45 1150.52 1186.70 1210.80 Clerk Typist II Mo. 2370.90 2431.98 2492.79 2571.18 2623.40 Account Clerk I 3 6 mo. 2 yr. Biw. 1139.77 1176.47 1214.46 1253.72 1296.39 Word Processing Operator Mo. 2469.50 2549.02 2631.33 2716.39 2808.85 Detective Secretary Records Clerk Assessment Technician Family Housing Coordinator Court Liaison Clerk 4 1 yr. 4 yr. Biw. 1210.73 1266.97 1327.13 1367.30 1415.52 Property Evidence Clerk Mo. 2623.25 2745.10 2875.45 2962.48 3066.96 Office Assistant Computer Operator Cashier Account Clerk II 5 1 yr. 4 yr. Biw. 1266.97 1307.03 1335.21 1378.99 1447.66 Telecommunications Specialist Mo. 2745.10 2831.90 2892.96 2987.81 3136.60 Property Appraiser I Telecommunications Clerk Building Maint. Custodian 6 1 yr. 4 yr. Biw. 1266.97 1327.13 1378.99 1447.66 1515.94 Production Specialist Mo. 2745.10 2875.45 2987.81 3136.60 3284.54 Staff Artist 7 1 yr. 4 yr. Biw. 1327.13 1378.99 1447.66 1515.94 1584.20 Building Maint. Custodian II Mo. 2875.45 2987.81 3136.60 3284.54 3432.43 Senior Buyer 8 1 yr. 4 yr. Biw. 1378.99 1447.66 1515.94 1584.20 1660.45 Accountant Mo. 2987.81 3136.60 3284.54 3432.43 3597.64 Exhibit Technician Museum Activities Coord. Parking Meter Serv. II 9 1 yr. 4 yr. Biw. 1499.84 1568.11 1636.39 1704.64 1780.94 Mo. 3249.65 3397.57 3545.51 3693.39 3858.70 Maintenance Coordinator 10 1 yr. 4 yr. Biw. 1546.97 1618.81 1691.57 1769.41 1852.21 Mo. 3351.77 3507.42 3665.07 3833.72 4013.12 *Official rates are biweekly. As of 8/1/2008, Registrar, Curator, Environmental Health Specialist and Engineering Specialist are in the Professional Bargaining Unit 23 OSHKOSH CLERICAL - PARAPROFESSIONAL UNION LOCAL 796 -B, AFSCME, AFL -CIO Rates Effective Pay Period 1, 2011 (2 %) CLASS RNG ME_Q SPAN A B C D E Parking Control 1 6 mo. 2 yr. Biw. 1097.06 1133.77 1162.57 1177.08 1192.38 Clerk Typist I Mo. 2376.96 2456.50 2518.90 2550.34 2583.49 Central Services Coordinator Secretary I 2 6 mo. 2 yr. Biw. 1116.15 1144.90 1173.53 1210.43 1235.02 Clerk Typist II Mo. 2418.33 2480.62 2542.65 2622.60 2675.88 Account Clerk I 3 6 mo. 2 yr. Biw. 1162.57 1200.00 1238.75 1278.79 1322.32 Word Processing Operator Mo. 2518.90 2600.00 2683.96 2770.71 2865.03 Detective Secretary Records Clerk Assessment Technician Family Housing Coordinator Court Liaison Clerk 4 1 yr. 4 yr. Biw. 1234.94 1292.31 1353.67 1394.65 1443.83 Property Evidence Clerk Mo. 2675.70 2800.01 2932.95 3021.74 3128.30 Office Assistant Computer Operator Cashier Account Clerk II 5 1 yr. 4 yr. Biw. 1292.31 1333.17 1361.91 1406.57 1476.61 Telecommunications Specialist Mo. 2800.01 2888.54 2950.81 3047.57 3199.32 Property Appraiser I Telecommunications Clerk Building Maint. Custodian 6 1 yr. 4 yr. Biw. 1292.31 1353.67 1406.57 1476.61 1546.26 Production Specialist Mo. 2800.01 2932.95 3047.57 3199.32 3350.23 Staff Artist 7 1 yr. 4 yr. Biw. 1353.67 1406.57 1476.61 1546.26 1615.88 Building Maint. Custodian II Mo. 2932.95 3047.57 3199.32 3350.23 3501.07 Senior Buyer 8 1 yr. 4 yr. Biw. 1406.57 1476.61 1546.26 1615.88 1693.66 Accountant Mo. 3047.57 3199.32 3350.23 3501.07 3669.60 Exhibit Technician Museum Activities Coord. Parking Meter Serv. II 9 1 yr. 4 yr. Biw. 1529.84 1599.47 1669.12 1738.73 1816.56 Mo. 3314.65 3465.52 3616.43 3767.25 3935.88 Maintenance Coordinator 10 1 yr. 4 yr. Biw. 1577.91 1651.19 1725.40 1804.80 1889.25 Mo. 3418.81 3577.58 3738.37 3910.40 4093.38 *Official rates are biweekly. As of 8/1/2008, Registrar, Curator, Environmental Health Specialist and Engineering Specialist are in the Professional Bargaining Unit 24 TO: ALL CITY HALL EMPLOYEE ASSOCIATION MEMBERS FROM: NORBERT W. SVATOS, DIRECTOR OF PERSONNEL SUBJECT: POLICY ON VACATION DATE: NOVEMBER 19,1980 In order to establish a uniform and understandable vacation policy, the following method shall become effective immediately: Division seniority shall determine the choice of vacations. On January 2 of each year, each employee starting with the senior person, shall be given three (3) working days to make his or her first choice of vacation, which could comprise the entire vacation or any portion thereof. When the least senior employee is reached, the rotation shall begin again until all picks have been made. Any "leftover" vacation days, after the picks are completed, shall be allowed on a first come basis subject to staffing requirements. These "leftover" vacation requests may be made at any time, although requests for compensatory time may be made no sooner than 30 days prior to the required time off. When there are two requests for the same time period and one is using compensatory time and the other vacation, the vacation request generally shall have preference. Vacation period of one to two weeks should be planned well in advance with your immediate supervisor so proper scheduling can be maintained. 25