HomeMy WebLinkAboutOshkosh Professional Employees Union Local 796-C, AFSCME, AFL-CIO 2010-2011 2010 -2011
CONTRACT
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OSHKOSH PROFESSIONAL EMPLOYEES UNION
LOCAL 796 -C, AFSCME, AFL -CIO
and
CITY OF OSHKOSH
INDEX
ARTICLE PAGE
Management Rights . 4 -5
II Pay Policy . 5 -6
III Rules and Regulations 6
IV Probationary Period & Employment Status 6 -7
V Disciplinary Procedure 7
VI Work Hours . 7
Altemate Work Schedule . 7
VII Medical Benefits Plan 7 -9
Life Insurance .. 9
Income Continuation Insurance . 9
Section 125 Plan . 10
VIII Holidays 10
IX Retirement Fund . 10
X Sick Leave . 10-11
XI Overtime. 12
XII Longevity 12
XIII Rest Periods . 12
XIV Vacation 13
XV Funeral Leave . 12 -13
XVI Leave Without Pay . 13
XVII Unauthorized Absence 13
XVIII Waiver of Rights 14
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XIX Grievance Procedure 14 -15
XX Reopener 15
XXI Scope of Negotiations 15
XXII Resolution of Difference by Peaceful Means 16
XXIII Recognition and Unit of Representation . 16
XXIV Worker's Compensation 16
XXV Dues Deduction 16 -17
XXVI Conduct of Business . 17
XXVII Seniority, Layoff and Job Postings . 18
XXVIII Complete Agreement . 18
XXIX Duration 19
Savings Clause 19
Rates . . 20 -22
Memorandum of Understanding/ Inspections Services 23
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AGREEMENT
THIS AGREEMENT IS entered into to be effective on January 1, 2010, by and between
City of Oshkosh, Wisconsin, party of the first part hereinafter referred to as the
"Employer" or "City ", and the Oshkosh Professional Employees Union, LOCAL 796 -C,
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 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,
and to that end 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 1
MANAGEMENT RIGHTS
SECTION I. The City possesses the sole right to operate City government and all
management rights repose in it, but such rights must be exercised consistently with the
other provisions of this contract. These rights include but are not limited to the following:
A. To direct all operations of City Government.
B. To establish reasonable work rules, with the reasonableness of the rules to
be subject to the grievance procedure.
C. To hire, promote, transfer, assign and retain employees in positions with the
City Hall.
D. To suspend, demote, discharge and take other disciplinary action against
employees pursuant to authority and under the rules and regulations of the
City Hall.
E. To relieve employees from their duties because of lack of work or other
legitimate reasons.
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• F. To establish reasonable schedules of work.
G. To maintain efficiency of City government operation entrusted to it.
H. To take whatever action is necessary to comply with state or federal law.
I. To introduce new or improved methods or facilities.
J. To determine the number, structure and location of departments and
divisions; the kinds and amounts of services to be performed as pertains to
City Hall, and the number and kind of positions and job classifications to
perform such services.
K. To change existing methods or facilities.
L. To contract out for goods or services.
M. To determine the methods, means and personnel by which City Hall
operations are to be conducted.
N. To take whatever action is necessary to carry out the functions of the City in
situations of emergency.
ARTICLE 11
PAY POLICY
SECTION I. 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. June 1, 2004, all employees shall participate
in the direct deposit payroll 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, he /she may apply fora review
of his /her classification by the Director of Administrative Services.
SECTION 3. Whenever an employee is called to work outside his /her regular hours
on an unscheduled basis, he /she shall be paid a minimum of two (2) hours at time and
one -half (1.5) his /her regular rate except on a holiday when he /she shall be paid two (2)
times his /her regular rate. If he /she works more than 2 hours all work will be compensated
at time and one -half (1.5), except on a holiday, when he /she will be compensated at two (2)
times his her regular rate.
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The only exception to Article II, Section 3 above, are employees in the Sanitarian
and City Sealer job classifications. They will receive a minimum two (2) hours pay at time
and one -half (1.5) for scheduled or unscheduled work performed on Saturday or Sunday.
These same employees shall be paid a minimum of two (2) hours at two (2) times his /her
regular rate for scheduled or unscheduled work performed on a holiday.
SECTION 4. Employees assigned to do work in a higher rated classification for a
period in excess of five (5) days shall be paid for all such time in the higher classification at
the rate that is closest to, but not less than, his or her current wage rate.
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.
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 180 work days. The probationary period may be extended for up to six (6) additional
months through mutual agreement between the City and Union. During the probationary
period the Employer may discipline or dismiss such employee at its discretion, without
recourse to the grievance procedure and without meeting the cause standard.
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 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.
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ARTICLE V
DISCIPLINARY PROCEDURE
SECTION 1. The Employer may discipline, demote, suspend or 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 A.M. to 4:30
P.M., Monday through Friday. The normal work day shall be 7 1/2 hours. 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.
ALTERNATE WORK SCHEDULE:
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.
ARTICLE VII
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 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 the decision. This input is limited to
advisory only and will not affect the City's responsibility to select a provider or
administrator.
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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.
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.
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C. Employee contributions for EPO without HRA:
Effective January 1, 2010, employees will contribute up to 10% up to a
maximum of $49 per month towards single; $83 per month towards dual and
$110 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 single; $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 $64 per month towards single; $104 per month towards dual
and $135 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 single; $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 January 1, 2011 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 January 1, 2011.
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
Effective January 1, 2002, 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.
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SECTION 125 PLAN
The City shall 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 VIII
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.
Employees required to work after being scheduled to do so by his /her immediate
supervisor on the above specified holidays shall receive 2.0 times their normal hourly rate
for all time worked in addition to holiday pay.
ARTICLE IX
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 six and five- tenths percent
(6.5 %) of the employee's gross wages.
ARTICLE X
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 are subject to the approval of the supervisor
for scheduling.
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Up to five (5) days of an employee's sick leave accumulation may be used per year for
illness, injury, 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 are 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 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 the time he /she dies or retires.
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. If an employee does not use more than 7.5 hours of any accumulated
sick leave time in a calendar year, he or she shall be granted an additional floating holiday
to be used in the subsequent calendar year.
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ARTICLE XI
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. Employee
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 XII
LONGEVITY
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 first 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.
ARTICLE XIII
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 XIV
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 regular full time employee with less than one (1) 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:
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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 1/1/06:
E. 25 years of continuous service = 5 weeks plus one (1) day vacation.
In the event of separation prior to completion of one (1) year of service, no terminal
vacation shall be paid.
ARTICLE XV
FUNERAL LEAVE
SECTION 1. In the case of death in the immediate family of a regular employee
(spouse, children, step - children, parents, step - parents, sister, brother, brother -in -law,
sister -in -law, mother -in -law, father -in -law, grandparents and grandchildren, step brother,
step sister, son -in -law, daughter -in -law, legal guardian, half sister, half brother), the
employee will be paid for the scheduled time lost from the day of death up to and including
the day after the funeral, but not to exceed three (3) scheduled work days at his regular
straight time hourly rate and not to exceed seven and one -half 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 XVI
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 XVII
UNAUTHORIZED ABSENCE
SECTION 1. No employee may absent himself from duty during working hours
without the permission of the responsible department head. Any employee absenting
himself without permission shall be subject to disciplinary action.
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ARTICLE XVIII
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 XIX
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 his management's supervisor. The employee or the Union and the supervisor
shall attempt to resolve the grievance. The supervisor shall state his position to the
employee and the Union within three consecutive work days. Within three consecutive
work days after the supervisor has stated his position, the employee shall advance his
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 department director shall state his position in writing within three
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 his 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.
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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 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 his 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.
ARTICLE XX
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 the Article stated in the request for
discussion.
ARTICLE XXI
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.
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ARTICLE XXII
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 XXIII
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 and regular part-time professional
employees of the City of Oshkosh, excluding supervisory, managerial and confidential
employees as certified by the Wisconsin Employment Relations Commission on June 28,
1993, Dec. No. 27662 -A.
In the event new positions are added by the City, which would arguably be within the scope
of the Union, the Union shall be notified for the purpose of negotiating inclusion or
exclusion from the bargaining unit.
ARTICLE XXIV
WORKER'S COMPENSATION
During the period of time an employee is receiving Worker's Compensation while on
temporary disability, the employee at his /her option, may use sick leave, vacation or
holiday in equal proportion to the difference between his/her regular wages and the amount
of Worker's Compensation (currently one -third (1/3) day sick leave per day).
ARTICLE XXV
DUES DEDUCTIONS
The Union, as the exclusive representative of all the employees in the bargaining unit, will
represent all such employees, union and non -union 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 by -laws. No employee shall be denied union membership
because of race, creed, color or sex.
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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, orotherforms 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 XXVI
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 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.
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ARTICLE XXVII
SENIORITY, LAYOFF AND JOB POSTINGS
SECTION 1. Seniority. Definition of Seniority shall mean the status attained by
length of continuous service following the successful completion of probationary period.
Seniority shall accrue from 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.
SECTION 2. Loss of Seniority. An employee's seniority rights terminate upon
discharge, quitting or continuous layoff in excess of eighteen (18) months.
SECTION 3. Layoff. When laying off employees, the employee(s) with the least
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 Tess senior employee 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
temporary help is not being utilized for work in the classification. The City will not create a
new classification which results in the layoff of an employee in an existing classification or
which includes 50% or more of the duties of a laid off employee classification. The City will
provide a two -week notice of layoff to affected employees.
SECTION 4. Recall. Employees shall be called back to work by seniority provided
that they can perform the available work.
SECTION 5. Job Posting. The local Union President of the bargaining unit shall be
informed of all vacancies and job openings in the unit that the City plans to fill. Job
postings shall be sent to all employees' work email addresses. Any employee desiring a
posted job shall respond electronically within five (5) days of the posting. At the end of the
five (5) day posting period, the City shall forward the electronic responses to the posting to
the Union President
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.
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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 of any
subsequent year.
SAVINGS CLAUSE
Should any provision of this Agreement be found to be in violation of any federal or
state laws by a court of competent jurisdiction, said provisions shall be renegotiated and all
other provisions of this Agreement shall remain in full force and effect during the duration
of this Agreement.
IN WITN S WHEREOF, the parties hereto have executed this Agreement on this
0 day of , aby:
o'er
FOR THE CITY: FOR THE UN■
v a • . Rohloff, a • er President
ent tra AI AI
Pamela R. Ubrig, City erk
I hereby certify that the necessary
provisions have been made to pay the reasurer
liability which will accrue under this
cpact.
�/. AFSCME REPRES NTATIVE:
Peggy teentDirector of Finance
ApOroved:
D ,k-k
Lynn . Lorensoh,- • torney
19
OSHKOSH PROFESSIONAL EMPLOYEES UNION
LOCAL 796 -C, AFSCME, AFL, CIO
Rates Effective Pay Period 1, 2010 (2 %)
Class RNG. FRED. SPAN. A B C D E
Curator 1 1 yr. 4 yr. Biw. 1375.97 1446.01 1515.66 1585.28 1663.06
Registrar Mo. 2981.27 3133.02 3283.93 3434.77 3603.30
Environmental Health Specialist
Engineering Specialist 2 1 yr. 4 yr. Biw. 1499.24 1568.87 1638.52 1708.13 1785.96
Mo. 3248.35 3399.22 3550.13 3700.95 3869.58
Archivist 3 1 yr. 4 yr. Biw. 1504.03 1573.68 1643.32 1712.96 1790.75
PC Hardware Technician Mo. 3258.73 3409.64 3560.53 3711.41 3879.96
Civil Eng. Aide III 4 6 mo. 3 yr. Biw. 1561.97 1602.75 1643.45 1693.83 1737.32
Community Programs Coord. Mo. 3384.27 3472.63 3560.81 3669.97 3764.19
Program Coordinator - Senior Center F M_
Biw. 1782.11 1831.02
Mo. 3861.24 3967.21
Civil Eng. Tech. Draftsman 5 1 yr. 4 yr. Biw. 1659.77 1733.14 1814.77 1896.24 1985.86
Property Appraiser II Mo. 3596.17 3755.14 3932.00 4108.52 4302.70
Civil Engineer Tech. 6 1 yr. 4 yr. Biw. 1733.14 1814.77 1896.24 1985.86 2046.67
Mo. 3755.14 3932.00 4108.52 4302.70 4434.45
7 1 yr. 4 yr. Biw. 1782.11 1859.53 1941.06 2034.76 2136.76
Mo. 3861.24 4028.98 4205.63 4408.65 4629.65
Housing Inspector 8 1 yr. 4 yr. Biw. 1855.36 1932.94 2014.43 2091.91 2185.74
Mo. 4019.95 4188.04 4364.60 4532.47 4735.77
Plumbing Inspector 9 1 yr. 4 yr. Biw. 1941.06 2022.55 2112.26 2206.08 2307.94
Chemist Mo. 4205.63 4382.19 4576.56 4779.84 5000.54
City Sealer
Sanitarian
Programmer /Analyst
Public Health Nurse
Building Systems Inspector 10 1 yr. 4 yr. Biw. 1985.86 2083.75 2173.48 2287.56 2393.52
Deputy City Assessor Mo. 4302.70 4514.79 4709.21 4956.38 5185.96
Civil Engineer I 11 1 yr. 4 yr. Biw. 2045.29 2146.12 2238.53 2356.05 2465.19
Plumbing Insp./Pret. Control Coord. Mo. 4431.46 4649.93 4850.15 5104.78 5341.25
Network Specialist 12 1 yr. 4 yr. Biw. 2169.56 2277.77 2391.43 2510.79 2636.09
Civil Engineer I (Senior) Mo. 4700.71 4935.17 5181.43 5440.05 5711.53
*Official rates are bi- weekly rates.
As of 8/1/2008, Registrar, Curator, Environmental Health Specialist and Engineering Specialist are in the
Professional Bargaining Unit
20
OSHKOSH PROFESSIONAL EMPLOYEES UNION
LOCAL 796 -C, AFSCME, AFL, CIO
Rates Effective Pay Period 14, 2010 (showing reclasses)
Class RNG. FRED. SPAN. A B C D E
Curator 1 1 yr. 4 yr. Biw. 1375.97 1446.01 1515.66 1585.28 1663.06
Registrar Mo. 2981.27 3133.02 3283.93 3434.77 3603.30
Environmental Health Specialist
Engineering Specialist 2 1 yr. 4 yr. Biw. 1499.24 1568.87 1638.52 1708.13 1785.96
Mo. 3248.35 3399.22 3550.13 3700.95 3869.58
Archivist 3 1 yr. 4 yr. Biw. 1504.03 1573.68 1643.32 1712.96 1790.75
PC Hardware Technician Mo. 3258.73 3409.64 3560.53 3711.41 3879.96
Community Programs Coord. 4 6 mo. 3 yr. Biw. 1561.97 1602.75 1643.45 1693.83 1737.32
Program Coordinator- Senior Center Mo. 3384.27 3472.63 3560.81 3669.97 3764.19
F M_
Biw. 1782.11 1831.02
Mo. 3861.24 3967.21
Civil Eng. Technician 5 1 yr. 4 yr. Biw. 1659.77 1733.14 1814.77 1896.24 1985.86
Property Appraiser II Mo. 3596.17 3755.14 3932.00 4108.52 4302.70
Civil Engineer Tech. - Crew Leader 6 1 yr. 4 yr. Biw. 1733.14 1814.77 1896.24 1985.86 2046.67
Mo. 3755.14 3932.00 4108.52 4302.70 4434.45
7 1 yr. 4 yr. Biw. 1782.11 1859.53 1941.06 2034.76 2136.76
Mo. 3861.24 4028.98 4205.63 4408.65 4629.65
8 1 yr. 4 yr. Biw. 1855.36 1932.94 2014.43 2091.91 2185.74
Mo. 4019.95 4188.04 4364.60 4532.47 4735.77
Plumbing Inspector 9 1 yr. 4 yr. Biw. 1941.06 2022.55 2112.26 2206.08 2307.94
Chemist Mo. 4205.63 4382.19 4576.56 4779.84 5000.54
City Sealer
Sanitarian
Public Health Nurse
Housing Inspector
Building Systems Inspector 10 1 yr. 4 yr. Biw. 1985.86 2083.75 2173.48 2287.56 2393.52
Deputy City Assessor Mo. 4302.70 4514.79 4709.21 4956.38 5185.96
Programmer /Analyst
Civil Engineer I 11 1 yr. 4 yr. Biw. 2045.29 2146.12 2238.53 2356.05 2465.19
Plumbing Insp./Pret. Control Coord. Mo. 4431.46 4649.93 4850.15 5104.78 5341.25
Network Specialist 12 1 yr. 4 yr. Biw. 2169.56 2277.77 2391.43 2510.79 2636.09
Civil Engineer I (Senior) Mo. 4700.71 4935.17 5181.43 5440.05 5711.53
*Official rates are bi- weekly rates.
As of 8/1/2008, Registrar, Curator, Environmental Health Specialist and Engineering Specialist are in the Professional
Bargaining Unit
21
OSHKOSH PROFESSIONAL EMPLOYEES UNION
LOCAL 796 -C, AFSCME, AFL, CIO
Rates Effective Pay Period 1, 2011 (2 %)
Class RNG. FREO.SPAN. A B C D E
Curator 1 1 yr. 4 yr. Biw. 1403.49 1474.93 1545.97 1616.99 1696.32
Registrar Mo. 3040.90 3195.68 3349.60 3503.48 3675.36
Environmental Health Specialist
Engineering Specialist 2 1 yr. 4 yr. Biw. 1529.22 1600.25 1671.29 1742.29 1821.68
Mo. 3313.31 3467.21 3621.13 3774.96 3946.97
Archivist 3 1 yr. 4 yr. Biw. 1534.11 1605.15 1676.19 1747.22 1826.57
PC Hardware Technician Mo. 3323.91 3477.83 3631.75 3785.64 3957.57
Community Programs Coord. 4 6 mo. 3 yr. Biw. 1593.21 1634.81 1676.32 1727.71 1772.07
Program Coordinator - Senior Center Mo. 3451.96 3542.09 3632.03 3743.37 3839.49
F M
Biw. 1817.75 1867.64
Mo. 3938.46 4046.55
Civil Eng. Technician 5 1 yr. 4 yr. Biw. 1692.97 1767.80 1851.07 1934.16 2025.58
Property Appraiser II Mo. 3668.10 3830.23 4010.65 4190.68 4388.76
Civil Engineer Tech. - Crew Leader 6 1 yr. 4 yr. Biw. 1767.80 1851.07 1934.16 2025.58 2087.60
Mo. 3830.23 4010.65 4190.68 4388.76 4523.13
7 1 yr. 4 yr. Biw. 1817.75 1896.72 1979.88 2075.46 2179.50
Mo. 3938.46 4109.56 4289.74 4496.83 4722.25
8 1 yr. 4 yr. Biw. 1892.47 1971.60 2054.72 2133.75 2229.45
Mo. 4100.35 4271.80 4451.89 4623.13 4830.48
Plumbing Inspector 9 1 yr. 4 yr. Biw. 1979.88 2063.00 2154.51 2250.20 2354.10
Chemist Mo. 4289.74 4469.83 4668.11 4875.43 5100.55
City Sealer
Sanitarian
Public Health Nurse
Housing Inspector
Building Systems Inspector 10 1 yr. 4 yr. Biw. 2025.58 2125.43 2216.95 2333.31 2441.39
Deputy City Assessor Mo. 4388.76 4605.10 4803.39 5055.51 5289.68
Programmer /Analyst
Civil Engineer I 11 1 yr. 4 yr. Biw. 2086.20 2189.04 2283.30 2403.17 2514.49
Plumbing Insp./Pret. Control Coord. Mo. 4520.10 4742.92 4947.15 5206.87 5448.06
Network Specialist 12 1 yr. 4 yr. Biw. 2212.95 2323.33 2439.26 2561.01 2688.81
Civil Engineer I (Senior) Mo. 4794.73 5033.88 5285.06 5548.86 5825.76
*Official rates are bi- weekly rates.
As of 8/1/2008, Registrar, Curator, Environmental Health Specialist and Engineering Specialist are in the
Professional Bargaining Unit
22
Memorandum of Understanding
City of Oshkosh
And
Local 796 -C, AFSCME, AFL -CIO
The City of Oshkosh (hereafter "City ") and Local 796 -C, Professional Employees,
AFSCME, AFL -CIO, (hereafter "Union ") hereby agree as follows:
1. The City will complete a plan for operations of the inspections services by March
31, 2011. This plan will describe the structure of job duties employees will
perform and additional training required, if necessary.
2. The City will conduct a market survey of Building Systems Inspectors with an
anticipated completion date of September 30, 2011.
3. The results will be shared with both parties and used in further discussions
toward a resolution prior to December 31, 2011.
Fo e City For the Union
i
1 a�li
Jo/ M. Fitzpatric
Date Date
23