HomeMy WebLinkAboutWorking Conditions Agreement Local 796, AFSCME, AFL-CIO 2010-2011 TABLE OF CONTENTS
Article Page
I Management Rights . 4
II Recognition and Unit of Representation . 4 -5
III Rules and Regulations 5
IV Negotiations . 5
V Conduct of Business . 5 -6
VI Probationary and Employment Status 6
VII Seniority . 6-7
VIII Suspension- Demotion - Discharge . . . 8-9
IX Safety and Sanitation . 9
X Normal Work Week, Normal Work Day and Normal Work
Schedule 9 -10
XI Pay Policy . 10-12
XII Call In Pay . 12
XIII Authorized Absence:
Vacation . 13
Sick Leave . 13-14
Emergency Leave . 14-15
Holiday Leave . 15
Temporary Military Leave . 15
Leave of Absence Without Pay 15
Jury Duty . 15
XIV Unauthorized Absence 16
XV Insurance :
Medical Benefits Plan 16 -18
Life Insurance 18
Income Continuation Insurance . 18
XVI Section 125 Plan . 18
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XVII Termination of Employment . 18
XVIII New Jobs - Vacancies 18 -19
XIX Grievance Procedure . 19-20
XX Dues Deductions . 20-21
XI Waiver of Rights . 21
XXII Union Bulletin Board 21
XXIII Reopener . 22
XXIV Retirement Fund . 22
XXV Miscellaneous Allowances:
Meal Allowance . 22
Tools Replacement . 22
XXVI Longevity Plan 22 -
XXVII Maintenance of Benefits . 23
XXVIII 13C Agreement 23
XXIX Strikes and Lockouts . 23
XXX Worker's Compensation . 24
XXXI Uniforms . 24
Safety Footwear Allowance . 25
XXXII Commercial Driver's License (CDL) . 25
XXXIII Duration . 25
RATES 26 -29
MEMO OF UNDERSTANDING /EQUIPMENT OPERATOR II (TRAINEE) 30
MEMO OF UNDERSTANDING /TRIAL PERIOD FOR COMPENSATORY
TIME COVERING TRANSIT, CENTRAL GARAGE & SANITATION . 31
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AGREEMENT
THIS AGREEMENT IS entered into to be effective on 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 City Employees Union, Local 796, AFSCME, AFL -CIO and affiliated with
the Wisconsin Council of County and Municipal Employees, 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 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/or employee and Employer, and the 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 I
MANAGEMENT RIGHTS
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.
The Union also recognizes that the City has the right to subcontract work provided no bargaining
unit employees are laid off or have their hours reduced due to the subcontracted work. The right to
subcontract work shall also not be used to undermine the Union or to discriminate against any of its
members. Employees required to bump or post out of positions which have been subcontracted shall
retain their seniority rights in the department where the subcontracting occurred. The Employer
agrees to bargain the impact of subcontracting on affected employees.
ARTICLE II
RECOGNITION AND UNIT OF REPRESENTATION
The Employer recognizes the Union as the exclusive collective bargaining representative for the purposes
of conferences and negotiations with the Employer or its lawfully recognized representatives, on
questions of wages, hours and conditions of employment for the unit of representation, consisting of all
regular full -time employees of the Employer, employed by the following departments and divisions,
excluding only the non - working supervisors and professionals:
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Department Divisions
1. Public Works Street, Central Garage, Sanitation
2. Parks Parks, Forestry, Cemetery
3. Sewer Utility Wastewater Treatment Plant
4. Water Utility Filtration Plant, Water Distribution
5. Transportation Transit, Traffic Engineering
The Employer agrees not to discharge nor to discriminate against any employee for membership in the
Union or because of Union activities and in the event an employee is discharged or discriminated against
shall reinstate and /or make restitution to such employee, if through the procedures contained in this
Agreement, he /she is found unjustly discharged or discriminated against.
Herein any sentence or paragraph referring to divisions or sections shall be deemed one and the same.
ARTICLE III
RULES AND REGULATIONS
The Employer shall adopt and publish rules which may be amended from time to time, provided,
however, that such rules and regulations shall be first submitted to the Union for its information, prior to
the effective date.
The rules shall become effective on the day following the fifteenth (15th) day of submission to the Union.
In the event of dispute as to such rules or regulations, the dispute shall be referred to the grievance
procedure for settlement and shall be initiated at the level of their origin. All rules shall bear the
signature of the Director of Administrative Services.
ARTICLE IV
NEGOTIATIONS
The Employer agrees that time spent in the conduct of grievances and in negotiations shall not be
deducted from the wages of any delegated employee representatives of the Union.
ARTICLE V
CONDUCT OF BUSINESS
The Union agrees to conduct its business off the job as much as possible. The 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 bulle-
tins.
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
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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.
ARTICLE VI
PROBATIONARY AND EMPLOYMENT STATUS
All newly hired employees shall be on probation for a period of 180 work days from the date of their
employment. During the 180 work days, such newly hired employee may be disciplined or discharged
without recourse to the grievance procedure hereinafter provided.
A regular full -time employee is hereby defined as a person hired to fill a full -time position in the table of
organization.
A temporary employee is one who is hired for a period not to exceed ninety (90) working days and who
shall be separated on or before the end of said period. Said 90 day period may be extended up to an
additional 60 calendar days upon request of the Employer and consent of the union. The Seasonal
Zookeeper position shall be considered a temporary employee who is hired for a period from the last
Saturday in April through the first Sunday in October and who shall be separated on or before said period.
The Seasonal Amusement Maintenance Worker shall be considered a temporary employee who is hired
for a period from the first Monday in April through the first Sunday in October and who shall be
separated on or before said period. The Seasonal Assistant Manager is considered a temporary employee
regardless of the length of employment.
Proper records indicating the status of each employee shall be completed at the time of employment and a
copy of such status record shall be provided the employee and the Union.
ARTICLE VII
SENIORITY
The Employer agrees to the seniority principle.
Seniority shall be established for each employee and shall consist of the total calendar time elapsed since
the date of his/her employment. Seniority rights terminate upon discharge or quitting. Employees who
leave the bargaining unit to accept another position with the City of Oshkosh which is outside the
bargaining unit and, within one year of leaving the bargaining unit, return to a position in the bargaining
unit, shall retain all accumulated seniority earned in the bargaining unit, shall not earn seniority for time
spent outside the bargaining unit, and shall start from zero seniority in his/her division and department. A
seniority list shall be posted in each department section, listing the seniority of the employees in each
section.
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In the event two or more employees have the same start date, the seniority order shall be established by a
random drawing of names, with the first person drawn having the most seniority and so on. The drawing
shall occur within the first two weeks of employment.
Seniority shall be established separately within each division.
For the purpose of accrued benefits and division seniority, transit employees seniority shall consist of the
total calendar time elapsed since the last date of continuous employment with the Transit Company.
City -wide seniority for transit employees working for the Transit Company prior to its purchase by the
City shall be established as January 1, 1978.
In the event of lack of work or lack of funds, employees within the affected classification shall be laid off
in inverse order to their length of service in the bargaining unit. The affected employee may exercise
his/her seniority by displacing (bumping) an employee with less seniority in an equal or lower classifica-
tion if he /she meets the qualifications of that position. The affected employee may bump into a higher
classification provided that he /she has successfully filled such position previously with the City.
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 must bump into a position within his/her division; if this is not
possible, then
2. The affected employee must bump into a position within his/her department; if this is not
possible, then
3. The affected employee may bump into a position within any division in the bargaining
unit; if this is not possible, then
4. The affected employee shall be laid off.
Regular, full -time employees shall not be subject to layoff until all temporary and probationary employees
in the section involved are first laid -off.
If a lay -off under consideration is to be reduction -in -force lay -off, the Employer shall give the Union 60
days notice on full time positions.
Employees may be temporarily transferred from one section to another without loss of seniority or other
rights in their section of origin.
Employees on lay -off status shall be given 24 hours notice of recall for temporary employment without
losing the right to permanent recall. Any employee not recalled from lay -off shall be entitled to pay from
the date any other person was hired in his stead. Any employee recalled on a permanent recall shall have
the right to return to duty status within the period of notice required by his then employer. If any
employee fails to return to his/her job upon being recalled, his employment shall be terminated. Notice of
such permanent recall and/or terms of employment shall be furnished to the Union. Employees shall be
subject to recall for eighteen (18) months from the date of the most recent lay -off. Employees on
continuous lay -off in excess of eighteen (18) months shall be considered terminated.
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ARTICLE VIII
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 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 working days after dismissal. Such appeal will go
directly to the appropriate step of the grievance procedure.
Usual Disciplinary Procedure: The progression of disciplinary action shall be oral reprimand, written
reprimand, suspension, demotion and dismissal. The Union shall also be furnished a copy of any written
notice or reprimand, suspension or discharge. A written reprimand sustained in the grievance procedure
or not contested shall be considered a valid warning. A warning shall be valid for a two (2) year period,
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provided no additional infractions occur. In the event additional infractions occur that violation and the
original violation are in effect for three (3) years from the date of the second warning. After the above
time periods have been met, evidence of the discipline shall be removed from all records. The employee
and steward shall have the right to witness such removal.
ARTICLE IX
SAFETY AND SANITATION
It is agreed that each employee shall be responsible for the cleanliness and proper care of the equipment
and tools used by said employee, and it is further agreed that all employees shall comply with the
Employer's safety rules and regulations. The Employer agrees to negotiate the cost of any required safety
clothing and equipment.
There shall be an Employer - employee safety committee whose purpose shall be to develop and maintain a
safety program.
ARTICLE X
NORMAL WORK WEEK, NORMAL WORK DAY AND NORMAL WORK SCHEDULE
The normal work week shall be forty (40) hours, Monday through Friday. The normal work day shall be
eight (8) hours per day, Monday through Friday. The normal work schedule shall be five (5) consecutive
eight (8) hour days, Monday through Friday, for the following divisions:
a. Street Department
b. Parks Department
c. Sanitation Department
d. Cemetery
e. Water Department, Outside Crew
f. Traffic Engineering
g. Forestry Division
The Sewage and Water Plant operation shall work a forty (40) hour work week, as per mutually agreed to
schedule.
Transit employees shall work in accordance with present mutually agreed upon schedule. Selection of the
runs shall be made semi - annually unless requested in writing by not less than seventy percent (70 %) of
the total employees affected. Each driver shall make his/her "selection" on the order of his/her division
seniority. Transit garage employees shall receive a thirty (30) minute uninterrupted unpaid lunch break.
Transit mechanics shall receive a twenty (20) minute paid lunch break.
Sanitation Division: The Union agrees to the concept of the route change and will continue to work with
the City to finalize the changes. Any change in route shall be by mutual agreement between the employee
and the Employer. The adjustment of the normal work day and normal work week shall be the function
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of the Employer, subject to consultation with employees, as above. A route system shall be defined as a
designated number of pickups for a certain area, as the case may be, and the employee is expected to
complete the work involved on a weekly basis. In the event of severe weather, the closing of the landfill
or other reasons the Sanitation employees cannot go on the routes, every effort will be made by the
Employer to notify the employees before they report for work. If this is not possible, employees will
either be sent home with no pay for that day or temporarily transferred to other departments for work.
Routes will be made up either within the normal work week or by working on Saturday. Employees will
be compensated at the rate of time and one -half for hours worked in excess of 40 hours in that week.
In the event it is necessary to change employees from one regular schedule of hours to another schedule
of hours the employees shall be given at least 24 hours notice of change. Work performed on a revised
schedule during the 24 hour notice period shall be compensated at 1 1/2 times the normal rate of pay
whether or not total working hours for the week are in excess of 40 hours, except as otherwise provided
herein for emergencies.
For an emergency such as snow removal, ice control, flood control, sickness, and so on, the Employer
shall have the right to schedule the work week as may be necessary and from one shift to another shift
without regard to prior notice. Any employee who is called in for work outside his/her normal work week
schedule shall not be sent home early on subsequent days or denied his/her regular work week schedule to
avoid over -time payment without his/her consent. The spirit of this provision is that the Employer shall
not be penalized during emergency conditions through overtime payment during the 24 hour notice
period, but neither shall the Employer adjust the working hours after emergency conditions (e.g. to less
than 8 hours per day) so as to deny employees legitimate overtime.
Compensation for work on any regularly scheduled shift shall be at the straight rate time of pay, unless
otherwise specified in this Agreement.
The parties can enter into a Memorandum of Understanding regarding the possibility of four ten -hour
days per week in certain departments provided that the Supervisor approves. The basic parameters
include the season running from Memorial Day to Labor Day. Employees would switch back to the
eight -hour schedule during the Fourth of July vacation week. Overtime would only be after ten hours.
Sick leave and vacation would be credited ten hours when taken. The specific details would have to be
approved by the Supervisor in each department.
The Employer shall endeavor to maintain stability of employment throughout the year.
ARTICLE XI
PAY POLICY
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 classification and pay schedules.
The Employer shall determine the table of organization or position count; that is, the number of
employees to be assigned to any job classification and the job classifications needed to operate the
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Employer's facilities. The union shall be notified in advance of any change to be made in the table of
organization.
Promotions and Demotions: Whenever an employee is promoted to a higher paying position, such
employee shall move to the step in the new range which will provide a wage increase. Whenever
an employee is demoted to a lower paying position, such employee shall go to the step in the new range
which provides the same wage or least amount of wage reduction.
Overtime: All work performed outside the above normal work day and /or work week shall be
compensated for at the rate of time and one -half (1 1/2) the employee's regular rate of pay. Employees
shall receive twice their regular rate of pay for all work performed on Easter Sunday. The principle of
seniority may apply on a rotating basis, within a division and the specific classification required to
perform overtime work. Transit employees shall be paid overtime over 40 hours per week or over 8
hours per day. Water Distribution outside crew employees shall have a one -time selection option of
overtime or compensatory time. Paid time off shall count towards the calculation of overtime and
compensatory time based on the employee's regularly scheduled work day and /or work week, excluding
scheduled overtime.
Temporary Assifinments - Employees assigned to do work in a lower rated job classification shall be paid
at their job classification rate. Employees assigned to do work in a higher rated classification for a period
in excess of one (1) working day shall be paid for all such time in the higher classification at the rate that
is closest to but not less than the employee's current salary. Exceptions to this section include:
1. Water Plant Maintenance Mechanics who shall receive 25 cents per hour when certified as
and assigned to do the work of a Filtration Plant Operator.
2. Sewage Plant Operators who shall receive forty-five cents ($.45) per hour when
performing water analysis and testing in the Wastewater Laboratory.
3. Employees called to work in case of emergency and assigned to do work in higher rated
classification shall be paid for all such time in the higher classification at the rate that is
closest to but not less than the employee's current salary.
4. A. EOII employees assigned to do work in an EOIII classification for a period in
excess of one (1) working day shall be paid $.25/hour for all such time in the
higher classification.
B. If an EOII employee is promoted to an EOIII job classification through a
temporary assignment for five (5) working days or more, the employee's
experience shall count toward the experience required in the EOIII job description.
Pay Days: Employees' payroll checks will be available at 8:00 a.m. on Friday following the end of the
pay period.
All employees hired after January 1, 2004, shall be on direct deposit.
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Compensatory Time: All eligible employees may receive compensatory time off at the rate of time and
one -half (1 1/2) in lieu of cash payments for overtime. All compensatory time shall be earned on the
same basis as overtime. It shall be recorded and may be used during the year upon request of the
employee, with approval of the department head. Sewage Plant Maintenance Workers shall be allowed to
accumulate and use compensatory time in accordance with the provisions contained herein.
Any compensatory time not cashed out in March, June, September, and December of the year earned or
not used by January 1 of the following year shall be paid in cash at the rate of time and one -half (1 1/2) of
the rate in effect at the time earned, in February of the following year. Employees shall have the option of
notifying the Employer of their intent to use compensatory time after January 1 in which case payment for
any time off not taken by April 1 shall be paid in cash in April at the rate in effect at the time earned. It is
the intent of this paragraph that the employee shall receive only one check either in February or April.
Overtime During Holiday Week: Overtime during a single holiday week shall be paid at the rate of time
and one -half (1 1/2) after thirty -two (32) hours actually worked and for a double holiday week after
twenty -four (24) hours actually worked for those employees on a forty (40) hour work week.
Employees at the Water and Sewage Plants who work on a contractual holiday during a single holiday
week shall be paid overtime at the rate of time and one -half (1 1/2) after forty (40) hours actually worked,
and those who work on only one contractual holiday during a double holiday week shall be paid overtime
at the rate of time and one -half (1 1/2) after thirty -two (32) hours actually worked.
Shift Differentials: Work performed between the hours of 6:00 p.m. and 6:00 a.m. shall be subject to a
fifty cents ($.50) per hour premium. The fifty cents ($.50) shift differential shall not apply to work hours
subject to overtime provisions.
Employees assigned to the sewage plant, water treatment plant, and street department shall be
compensated for work performed on the respective shifts with the following premium: forty -five cents
($.45) per hour on 2nd shift; fifty -five cents ($.55) per hour on 3rd shift.
The shift differentials shall not apply to overtime hours worked.
Training Add -on: All Electricians (up to five) who have successfully completed training to perform fiber
optic /copper twisted pair repair shall receive forty -five cents ($.45) per hour in addition to their regular
rates as delineated in the Contract. This increase shall be paid for all hours worked in recognition of new
and additional work performed unrelated to their normal duties.
ARTICLE XII
CALL IN PAY
In the event employees are called for work after their normal work days have been completed they shall
receive a minimum payment of two (2) hours pay at the rate of time and one half (1 1/2) their rate of pay.
The Employer may change the employees shift upon giving 24 hour notice, except in case of emergency,
at which time the 24 hour notice shall be waived.
In the event employees are called in to work on an approved vacation day, they shall receive a minimum
payment of two (2) hours pay at twice their rate of pay for all work performed.
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ARTICLE XIII
AUTHORIZED ABSENCE
Vacations: All regular employees shall be entitled to vacation leave with pay at their classification rate
of pay during calendar year following their anniversary date of employment based upon the following
schedule:
After 1 year of service - 2 weeks vacation leave
After 7 years of service - 3 weeks vacation leave
After 12 years of service - 4 weeks vacation leave
After 18 years of service - 5 weeks vacation leave
After 25 years of service, 5 weeks plus one (1) day vacation leave.
Those employees completing their sixth (6th) year of service shall earn their third (3rd) week of vacation
on a pro -rated basis. Those employees completing their fourteenth (14th) year (11th year in 1997) of
service shall earn their fourth (4th) week of vacation on a pro -rated basis and those employees completing
their seventeenth (17th) year of service shall earn their fifth (5th) week of vacation on a pro -rated basis.
The vacation week shall be defined as six (6) days for those employees regularly scheduled for a six (6)
day week. A vacation day shall be considered eight (8) hours.
Employees may request to use vacation in half -day increments provided the supervisor approves all
requests in his/her discretion.
Subject to the staffing requirement of the Employer, the employee shall be given his/her choice of the
time of vacation except that if there is a conflict the employee with the greatest seniority shall be granted
the first choice of vacation time or floating holiday.
When a holiday falls in a vacation week, the employee shall receive an additional day of vacation or at the
option of the Employer an additional day's pay. All new employees shall receive pro -rated vacation as of
January 1st, of his first year.
Bus Drivers may utilize up to one -half of their total vacation in single day increments, provided that the
City may use part-time employees to cover.
On separation employees shall be paid all vacation due in proportion to the time worked. In the event of
separation prior to completion of probation and /or completion of one (1) year of service, no terminal
vacation shall be paid.
Sick Leave: Employees shall be entitled to sick leave credits on the following basis:
All regular full time employees of the Employer shall accumulate sick leave with pay at the rate of one
(1) working day for each month of service. For purposes of this section leave of absence without pay
shall not be considered service.
Unused sick leave credits shall accumulate to a maximum of one hundred and fifty (150) work days.
Employees qualified to receive sick leave compensation shall receive such compensation at the rate of
their regularly scheduled hour's pay at the employee's regular rate of pay for each day of absence.
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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, 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 is subject to the approval of the supervisor for
scheduling.
In order to qualify for a sick leave payment an employee must:
a. Report prior to the start of each work day to his department head or supervisor for
his/her absence.
b. Keep his/her department head informed of the condition if the absence is more than three
(3) working days.
c. Submit a doctor's certificate for such absence if in excess of three (3) working days. The
certificate must state the kind and nature of sickness or injury and whether the employee
has been incapacitated for said period of absence.
d. Apply for such leave according to the procedure established by the Employer.
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.
Employees suspected of abusing sick leave privileges, may be required to submit a medical certificate to
substantiate each absence, of claimed illness, regardless of duration. This requirement will not be
invoked without first advising the employee of his questionable sick leave record and giving him/her an
opportunity to improve. If there is no improvement, the employee will be advised, in writing, that all
future requests for sick leave, must be supported by a medical certificate. This requirement will be
periodically reviewed with the employee, at least once each ninety (90) days, and determination will be
made, if this requirement is to continue. Employees shall be given written notification as to their status
within seven (7) calendar days of this review.
Sick leave should be regarded by all supervisors and employees as valuable, free health, and welfare
insurance which, in the best interest of all employees, should not be used unless really needed. Sick leave
is not a "right" like vacation: It is a privilege, to be used carefully.
Unused accumulated sick leave shall be paid to employees who die in service or retire under the
Wisconsin Retirement Fund, at one -half the employee' s rate in effect at the time he /she retires or dies.
Emerrencv Leave: In case of death in the immediate family of a regular, full -time employee, (spouse,
children, step - children, parents, step - parents, brother, sister, mother -in -law, or father -in -law,
brother -in -law, sister -in -law, grandparents and grandchildren, step- brother, step- sister, son -in -law,
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daughter -in -law, guardian, half - sister and half - brother), the employee will be paid for the scheduled time
lost from the day of death, up to and including the working 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 eight (8) 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.
Holiday Leave: All regular, full time employees shall receive their regular scheduled hours only for each
of the following holidays not worked: New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, The Day before Christmas, Christmas Day, Spring Holiday ( the Friday before Easter)
and such other days as the City Council by resolution may fix. When any of the above holidays fall on a
Sunday, the following Monday shall be deemed a holiday. When any of the above holidays fall on a
Saturday the previous Friday shall be deemed a holiday. (Except for those working a seven day week.)
Four (4) floating holidays for a total of 12 are to be granted to each full -time, permanent employee,
subject to twenty -four (24) hours notice and approval of the immediate supervisor.
Holidays for the Transit Division are January 1, Memorial Day, Independence Day, Labor Day,
Thanksgiving, Christmas Day and six floating holidays for a total of 12.
All regular full -time employees who are required to work on an established holiday shall receive double
(2) their regular rate of pay for all hours worked in addition to the Holiday Pay.
As a condition for payment of holiday pay, every employee shall report for work on the scheduled work
day before and after the defined holiday unless such employee is on authorized leave of absence or in
cases of proven illness reported to the division or department head prior to the start of the day.
Temporary Military Leave: Employees who are members of the National Guard or Military Reserve
shall be granted temporary military leave for annual tours of duty without pay or vacation time may be
applied. If leave is taken without pay, all benefits shall be maintained during such leave of two weeks or
less.
Leave of Absence Without Pay: Request for leave of absence without pay for documented medical
reasons will be granted for reasonable periods of time by the department or division head. Request for
leave of absence without pay for personal reasons may be granted by the department head or division
head.
Leave of absence without pay for Union business shall be granted and may comprise up to 30 calendar
days for any employee who has been designated by this organization, provided such leave doesn't
seriously hamper department operation.
Jury Duty: Employees selected for jury duty during scheduled working hours shall endorse the check for
such duty and return it to the City. The employee shall continue to receive his full pay for time lost while
service. No overtime or compensatory time will be allowed for jury duty.
15
ARTICLE XIV
UNAUTHORIZED ABSENCE
No employee may absent himself from duty during regular working hours without the permission of the
Employer. Any employee absenting himself/herself without the permission of the division or department
head may be subject to disciplinary action.
ARTICLE XV
INSURANCE
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
Association. Whenever the City is considering any of these changes, the Association 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.
16
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 month towards dual and $101 per month towards
family premium equivalents.
Effective January 1, 2011, employees will contribute up to 7% up to a maximum of $57
per month towards single; $104 per month 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 month 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 $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 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,
17
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: 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.
ARTICLE XVI
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 XVII
TERMINATION OF EMPLOYMENT
The Employer shall pay all monies due employees upon the termination of employment and shall furnish
such employee with a statement of employment if requested to do so by such employee, if the employee's
record has been satisfactory.
ARTICLE XVIII
NEW JOBS - VACANCIES
A vacancy shall be defined as a job opening not previously existing in the table of organization or a job
opening created by termination, promotion or transfer of existing personnel when the job continues to
exist in the table of organization. A steward may be present during interviews with employees seeking
promotions, if requested by the employee.
All non - supervisory vacancies shall be posted on the bulletin board of the Public Works and Parks
Department and such notice shall be posted five (5) working days before the vacancy is filled. The City
may identify job classifications as "physically demanding" when such job classifications need to be filled
through the job posting provisions in the Article. The City shall list the physical requirements of the job
on the posting notice. Employees wanting such posted jobs shall sign the posted notice. The employee
shall be selected on the basis of seniority, work record and qualifications. "Seniority" in the preceding
list will be applied in the following order until an internal candidate is selected:
18
1. Continuous seniority earned within the division where the vacancy exists. If no internal
candidate is selected then,
2. Continuous seniority earned within the department where the vacancy exists. If no internal
candidate is selected then,
3. Seniority earned within the bargaining unit. If no internal candidate is selected, the City may
fill the position outside the bargaining unit.
Candidates for positions identified as "physically demanding" will be evaluated by a third party medical
professional to determine whether the candidate is qualified to perform the job requirements. In the event
the employee does not pass the medical test, the employee shall not receive the transfer and the testing
process will be repeated for the next candidate.
In the event an official training program has been conducted for a given position, successful completion
of the course will be the qualifying factor for promotion. Said employee shall demonstrate his/her ability
to perform the job posted within thirty (30) working days and if deemed qualified by the Employer shall
be permanently assigned the job.
Should such employee not qualify or should the employee desire to return to his/her former job, he /she
shall be reassigned to his/her former job without loss of seniority.
ARTICLE XIX
GRIEVANCE PROCEDURE
Both the Union and the City recognize that grievances and complaints should be settled promptly and at
the earliest stage and that the grievance process must be initiated within 10 work days of the incident or
knowledge of the incident. A grievance shall be defined as a dispute which involves the interpretation,
application or compliance of the provisions 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 shall present the grievance orally to his/her steward. The
steward and /or the aggrieved shall attempt to resolve the grievance with the immediate supervisor, who
may call higher level supervisors into the discussion. If it is not resolved at this level within five (5) work
days, the grievance shall be processed as outlined in Step 2.
Step 2. The grievance shall be presented in writing to the division head, and a copy sent to
the personnel office. The parties shall schedule a meeting to discuss the grievance, and if not resolved
within five (5) working days at this level, the division head shall note his/her response on this grievance
form and it shall be processed as outlined in Step 3.
Step 3. The grievance shall be presented in writing to the department head. The parties
may schedule a meeting, at the department head' s option, to discuss the grievance. If not resolved within
19
five (5) working days at this level, the depai tinent head shall note his/her response on the grievance form
and it shall be processed as outlined in Step 4.
Step 4. The grievance shall be presented by letter to the City Manager. If it is not resolved
at this level within ten (10) days, the City Manager shall note his statement on the grievance form and it
shall be presented to the proper channels for processing as outlined in Step 5.
Step 5. If a satisfactory settlement is not reached within five (5) working days of
completion of Step 4., the grievance shall be submitted to arbitration, by notifying the Director of
Administrative Services of its intent. The Union's executive board shall decide whether to submit the
grievance to arbitration. Prior to filing for arbitration, but within 20 working days of the City Manager's
response, the parties shall each select three (3) arbitrators from the Wisconsin Employment Relations
Commission staff. From those six arbitrators, five 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. Within 10 working days of the selection, the Union shall send a "Request for Grievance
Arbitration" form to the WERC. The decision of the arbitrator shall be "final and binding" on both
parties, however, he /she shall have no right to amend, modify, ignore, add to or delete the provisions of
this Agreement. The decision of the arbitrator shall be based solely upon his interpretation of the express
language of the Agreement. Expenses for the arbitrator's services and proceedings shall be borne equally
by the Employer and Union but each shall be responsible for compensating its own representatives and
witnesses except that the grievant and four (4) employees shall receive their regular rate of pay for any
scheduled time lost. If a grievance is not presented within the time limits set forth above, it shall be
considered waived. If the City does not answer a grievance within the specified time limits, the Union
may appeal the grievance to the next step. Time limits in each step may be extended by mutual written
agreement between the parties.
All grievances and solution shall be put in writing and presented to the personnel office.
Pay owed an employee dating from a disciplinary action involving pay (e.g. suspension, demotion,
termination) shall be reinstated from the date of such disciplinary action if such action is not sustained
through processing of a grievance.
General: Any employee may process his/her grievance as above outlined but the Union shall have the
right to be present and act in support of its position in the matter of the grievance.
Any employee shall have the right to the presence of a steward when his/her work performance or
conduct or other matter affecting his/her status as an employee is subject of discussion for the record.
The Union shall determine the composition of the Grievance Committee of the Union.
ARTICLE XX
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
20
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.
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 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 (1st) 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.
ARTICLE XXI
WAIVER OF RIGHTS
Neither party to this Agreement by such act at the time hereof or subsequent hereto agrees to and does
waive any rights possessed by it or them under our state and federal laws, regulations or statutes.
In the event any clause or portion of this Agreement is in conflict with the statutes of the State of
Wisconsin governing municipalities or other statutes such clause or portion of the Agreement shall be
declared invalid and negotiations shall be instituted to adjust the invalidated clause or portion thereof.
ARTICLE XXII
UNION BULLETIN BOARD
The Union is hereby granted permission to post notices, announcements, and other legitimate material on
the bulletin board of the premises.
21
ARTICLE XXIII
REOPENER
During the course of the contract year any article of this Agreement may be opened for negotiations by
mutual consent of both parties to this Agreement; negotiations under this article shall be restricted to that
article stated in the request for discussion.
ARTICLE XXIV
RETIREMENT FUND
The Employer shall pay the employee's mandatory contribution to the retirement fund, up to 6.5% of the
employee's gross wage. This article maybe re- opened for negotiations if the amount of the employee's
contribution is raised during the term of this Agreement.
ARTICLE XXV
MISCELLANEOUS ALLOWANCES
Meal Allowance: The Employer will provide a meal allowance of five dollars ($5.00) for employees
performing emergency and snow removal work exceeding four (4) hours duration.
Tool Replacement: The Employer will provide a tool allowance of up to $400 annually for replace-
ment of tools broken (not lost tools) resulting from work performed by mechanics in transit, central
garage, and the parks department. Mechanics will be required to present the broken tool to their
supervisor so he /she can authorize reimbursement.
ARTICLE XXVI
LONGEVITY PLAN
A. The following longevity plan is in effect:
$2.77 bi- weekly after 5 years of service.
$5.54 bi- weekly after 10 years of service.
$9.23 bi- weekly after 15 years of service.
$12.92 bi- weekly after 20 years of service.
B. After January 1, 2004, no employee shall receive longevity pay at five years unless he /she is
receiving it as of December 31, 2003. 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
22
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.
C. Grandfathering clause: Employees with five (5) to (10) years of service as ofJanuary 1, 2004,
shall continue to receive longevity as shown in paragraph A; however, once reaching the tenth year of
service, employees shall receive payments as indicated in paragraph B above and shall no longer receive
longevity as shown in paragraph A. Employees with ten (10) to fifteen (15) years of service as of January
1, 2004, shall continue to receive longevity as shown in paragraph A; however, once reaching the
fifteenth year of service, employees shall receive payments as indicated in paragraph B above and shall no
longer receive longevity as shown in paragraph A. Employees with fifteen (15) to twenty (20) years of
service as ofJanuary 1, 2004, shall continue to receive longevity as shown in paragraph A; however, once
reaching the twentieth year of service, employees shall receive payments as indicated in paragraph B
above and shall no longer receive longevity as shown in the paragraph A. Employees who have attained
twenty (20) or more years of service as ofJanuary 1, 2004, shall continue to receive longevity as shown in
paragraph A and the payment as indicated in paragraph B above. Those employees reaching their 10th,
15th and 20th year of service shall earn their longevity for that year on a prorated basis.
ARTICLE XXVII
MAINTENANCE OF BENEFITS
The City will not change any benefit or condition of employment, which is mandatorily bargainable
except by mutual agreement with the Union.
ARTICLE XXVIII
13C AGREEMENT
The parties hereto recognize that they have heretofore entered into a 13C Agreement as required by the
U.S. Department of Labor for transit employees and that said agreement will remain in force together
with the provisions of this Contract.
ARTICLE XXIX
STRIKES AND LOCKOUTS
The Union agrees that there shall be no picketing, strikes, sympathetic strikes, or sit -downs for any reason
whatsoever, or any other work interruption or interference with the affairs of the City of Oshkosh during
the term of this Agreement, by any officers or members. The City of Oshkosh agrees that there shall be
no lockout during the life of the Agreement, it being the mutual desire of the parties to provide for
uninterrupted and continuous service. At no time shall employees be required, as a condition of
employment, to cross legal picket lines or act as a strikebreaker, when in the opinion of the employee,
there is a present danger to the employee's safety. Proven participation by employees in the action
prohibited by the above shall be basis for disciplinary action, including discharge.
23
ARTICLE XXX
WORKER'S COMPENSATION
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 eligible for worker's
compensation with the other employer.
The following policy, regarding the contribution and /or accumulation of fringe benefits will apply to
employees of the City of Oshkosh during such period of time the employee is receiving Worker's
Compensation while on temporary disability:
1. Seniority shall continue to accrue.
2. Longevity shall continue to accrue.
3. The Employer shall continue to pay that portion of the hospital and surgical insurance premium,
as provided for all employees in the collective bargaining Agreement.
4. The Employer shall continue to pay that portion of the life insurance premium as provided for
all employees in the collective bargaining Agreement.
5. The employee 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) at the employee's option.
6. In cases of extended disability, vacation, holiday and sick leave benefits will continue to accrue
during the first six (6) consecutive months of disability or until such time as the employee's only income
from the City of Oshkosh is Worker's Compensation; whichever is longer.
7. The employee shall notify the Director of Administrative Services of his intent to use
vacation, holiday and /or sick leave benefits in lieu of Worker's Compensation.
8. The Director of Administrative Services shall notify the employee in writing when all vacation,
holiday and sick leave benefits have been exhausted during the period of disability.
9. Employees receiving Worker's Compensation prior to April 1, 1975 will not be subject to the
restrictions of this policy.
ARTICLE XXXI
UNIFORMS
The City shall pay the full cost of required uniforms for transit operators, parks mechanics and parks
department employees who work for revenue producing operatings /enterprise fund systems, such as
amusement, golf course, zoo and boat launch.
24
SAFETY FOOTWEAR ALLOWANCE.
Employees shall be reimbursed by the Employer for the cost of City- required safety -toed footwear up to
$100 per year.
ARTICLE XXXII
COMMERCIAL DRIVER'S LICENSE
The Employer shall notify the Union of all positions which will be required to have a Commercial
Driver's License and the specific endorsements required for each position. The City will reimburse
employees up to $74.00 for the cost of maintaining a CDL that is required by the City for the employee's
current position.
ARTICLE XXXIII
DURATION
This Agreement shall be effective on 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. Proposals shall be exchanged by September 15.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this /�
1 day of
- /q___O : a____, 2010, by:
CITY OF OSHKOSH OSHKOSH CITY EMPLOYEES UNION LOCAL
796, AMERICAN FEDERATION OF STATE,
,14-.. COUNTY, AND MUNICIPAL EMPLOYEES.
Mark A. Rohloff, City Manager - -
Local 96, President / /
Pamela R. Ubrig, Clerk
' :-__ ft i ' 41111i— r � �? � _A.." s / i �
g, Y all•-
L • - 796, S I retary
I hereby certify that the necessary provisions have
been made to pay the liabili i w "ch will accrue Ali A 44.
un • t is contract. AF CME, Re.res . .ntative
Ay om 6 • er
A. prdjed:
`L ., • Lorenson,k".rney
25
OSHKOSH CITY EMPLOYEE UNION
LOCAL 796, AFSCME, AFL -CIO
Rates Effective Pay Period 1, 2010 (2 %)
CLASS RNG FREO SPAN A B C D E
Clerk Dispatcher 1 6 mo. 2 yr. Hr. 16.49 16.95 17.51 18.00 18.58
Biw. 1319.53 1356.11 1400.74 1439.99 1486.38
Mo. 2858.98 2938.24 3034.94 3119.98 3220.49
Shop Laborer /Central Garage 2 6 mo. 1 yr. Hr. 20.13 20.48 20.82
Transit Operator Biw. 1610.39 1638.05 1665.69
Transit Operator/Mechanic Mo. 3489.18 3549.11 3609.00
Service Technician 3 6 mo. 1 yr. Hr. 20.36 20.74 21.06
Sanitation Operator* Biw. 1629.13 1659.47 1684.45
Equp. Operator II (Trainee)* Mo. 3529.78 3595.52 3649.64
Groundskeeper 4 6 mo. 2 yr. Hr. 20.54 20.72 20.98 21.20 21.36
Urban Forestry Tech. Biw. 1643.39 1657.68 1678.21 1696.04 1708.54
Zoo Specialist Mo. 3560.68 3591.64 3636.12 3674.75 3701.84
Traffic Painter
Equip. Oper. II
Shop Maint. Worker
Water Maint. Worker I
Sewage Plant Maint. Worker
Street Maint. Worker 5 6 mo. 2 yr. Hr. 20.61 20.80 20.98 21.29 21.74
Parks Maint. Worker Biw. 1648.76 1663.93 1678.21 1703.19 1738.87
Mo. 3572.31 3605.18 3636.12 3690.25 3767.55
Utility Operator 6 6 mo. 2 yr. Hr. 21.18 21.29 21.52 21.74 21.91
Parks Trades Tech Biw. 1694.26 1703.19 1721.90 1738.87 1753.15
Arborist Mo. 3670.90 3690.25 3730.78 3767.55 3798.49
Asst. Parks Maint. Tech
Horticulturist
Water Maint. Worker II 7 6 mo. 2 yr. Hr. 20.98 21.20 21.41 21.75 22.07
Water Equip. Oper. Leadperson Biw. 1678.21 1696.04 1713.00 1739.75 1765.64
Sanitation Crew Leader Mo. 3636.12 3674.75 3711.50 3769.46 3825.55
Traffic Painter II 8 6 mo. 2 yr. Hr. 21.26 21.52 21.80 22.04 22.36
Water Meter Reader Serviceperson Biw. 1700.51 1721.90 1744.21 1762.95 1788.83
Equip.Oper.III Mo. 3684.44 3730.78 3779.12 3819.73 3875.80
Constr. Crew Leader (Seasonal Assign.)
Water Meter Serviceperson
Parks Maint. Leadperson
Arborist Crew Leader
r
Solids Plant Oper. 9 1 yr. 4 yr. Hr. 21.26 21.49 21.86 22.24 22.61
Biw. 1700.51 1719.23 1748.68 1779.01 1808.45
Mo. 3684.44 3725.00 3788.81 3854.52 3918.31
*Employees employed in this classification as of March 7, 2005 shall remain in pay range 4 as long as they are employed by the City in
this, or Equipment Operator II (Trainee) classification.
26
OSHKOSH CITY EMPLOYEE UNION
LOCAL 796, AFSCME, AFL -CIO
Rates Effective Pay Period 1, 2010 (2 %)
CLASS RNG FREO SPAN A B C D E
Sewage Plt. Oper. 10 1 yr. 4 yr. Hr. 21.72 21.90 22.28 22.70 23.04
Filtration Plt. Oper. Biw. 1737.99 1752.25 1782.58 1815.60 1843.25
Mo. 3765.65 3796.54 3862.26 3933.80 3993.71
Equip. Mechanic 11 1 yr. 4 yr. Hr. 21.72 22.07 22.45 22.87 23.32
Transit Mechanic Biw. 1737.99 1765.64 1795.97 1829.88 1865.57
Maintenance Welder Mo. 3765.65 3825.55 3891.27 3964.74 4042.07
Filtration Plt. Maint. Mech
Sewage Plt. Maint. Mech.
Lead Mechanic - Transit 12 1 yr. 4 yr. Hr. 22.07 22.45 22.87 23.32 23.78
Mechanic III - Central Garage Biw. 1765.64 1795.97 1829.88 1865.53 1902.13
Mo. 3825.55 3891.27 3964.74 4041.98 4121.28
13 1 yr. 4 yr. Hr. 22.48 22.83 23.27 23.85 24.49
Biw. 1798.65 1826.30 1861.98 1908.37 1959.25
Mo. 3897.08 3956.98 4034.29 4134.80 4245.04
Filt.Plt.Elect.Maint.Tech. 14 1 yr. 4 yr. Hr. 23.39 23.71 24.11 24.50 24.91
Electrician I Biw. 1870.91 1896.78 1928.89 1960.13 1993.14
Instrumentation Tech. Mo. 4053.64 4109.69 4179.26 4246.95 4318.47
Electromechanical Technician
Electrician II 15 1 yr. 4 yr. Hr. 23.53 23.92 24.37 24.94 25.68
Flt. Plant Elect. Biw. 1882.51 1913.73 1949.42 1994.94 2054.70
Mo. 4078.77 4146.42 4223.74 4322.37 4451.85
Ind/Elect. Tech 16 1 yr. 4 yr. Hr. 25.65 26.42 27.21 28.06 29.17
Biw. 2052.03 2113.58 2176.92 2244.73 2333.96
Mo. 4446.07 4579.42 4716.66 4863.58 5056.91
27
OSHKOSH CITY EMPLOYEE UNION
LOCAL 796, AFSCME, AFL -CIO
Rates Effective Pay Period 1, 2011 (2 %)
CLASS RNG FRED SPAN A B C D E
Clerk Dispatcher 1 6 mo. 2 yr. Hr. 16.82 17.29 17.86 18.36 18.95
Biw. 1345.92 1383.23 1428.75 1468.79 1516.11
Mo. 2916.16 2997.00 3095.63 3182.38 3284.91
Shop Laborer /Central Garage 2 6 mo. 1 yr. Hr. 20.53 20.89 21.24
Transit Operator Biw. 1642.60 1670.81 1699.00
Transit Operator/Mechanic Mo. 3558.97 3620.09 3681.17
Service Technician 3 6 mo. 1 yr. Hr. 20.77 21.16 21.48
Sanitation Operator* Biw. 1661.71 1692.66 1718.14
Equp. Operator II (Trainee)* Mo. 3600.37 3667.43 3722.64
Groundskeeper 4 6 mo. 2 yr. Hr. 20.95 21.14 21.40 21.62 21.78
Urban Forestry Tech. Biw. 1676.26 1690.83 1711.77 1729.96 1742.71
Zoo Specialist Mo. 3631.90 3663.47 3708.84 3748.25 3775.87
Traffic Painter
Equip. Oper. II
Shop Maint. Worker
Water Maint. Worker I
Sewage Plant Maint. Worker
Street Maint. Worker 5 6 mo. 2 yr. Hr. 21.02 21.22 21.40 21.72 22.17
Parks Maint. Worker Biw. 1681.74 1697.21 1711.77 1737.25 1773.65
Mo. 3643.77 3677.29 3708.84 3764.04 3842.91
Utility Operator 6 6 mo. 2 yr. Hr. 21.60 21.72 21.95 22.17 22.35
Parks Trades Tech Biw. 1728.15 1737.25 1756.34 1773.65 1788.21
Arborist Mo. 3744.33 3764.04 3805.40 3842.91 3874.46
Asst. Parks Maint. Tech
Horticulturist
Water Maint. Worker II 7 6 mo. 2 yr. Hr. 21.40 21.62 21.84 22.18 22.51
Water Equip. Oper. Leadperson Biw. 1711.77 1729.96 1747.26 1774.55 1800.95
Sanitation Crew Leader Mo. 3708.84 3748.25 3785.73 3844.86 3902.06
Traffic Painter II 8 6 mo. 2 yr. Hr. 21.68 21.95 22.24 22.48 22.81
Water Meter Reader Serviceperson Biw. 1734.52 1756.34 1779.09 1798.21 1824.61
Equip. Oper. III Mo. 3758.13 3805.40 3854.70 3896.12 3953.32
Constr. Crew Leader (Seasonal Assign.)
Water Meter Serviceperson
Parks Maint. Leadperson
Arborist Crew Leader
Solids Plant Oper. 9 1 yr. 4 yr. Hr. 21.68 21.92 22.30 22.68 23.06
Biw. 1734.52 1753.61 1783.65 1814.59 1844.62
Mo. 3758.13 3799.49 3864.58 3931.61 3996.68
*Employees employed in this classification as of March 7, 2005 shall remain in pay range 4 as long as they are employed by the
City in this, or Equipment Operator II (Trainee) classification.
28
OSHKOSH CITY EMPLOYEE UNION
LOCAL 796, AFSCME, AFL -CIO
Rates Effective Pay Period 1, 2011 (2 %)
CLASS RNG FRED SPAN A B C D E
Sewage Plt. Oper. 10 1 yr. 4 yr. Hr. 22.16 22.34 22.73 23.15 23.50
Filtration Plt. Oper. Biw. 1772.75 1787.30 1818.23 1851.91 1880.12
Mo. 3840.96 3872.48 3939.50 4012.47 4073.59
Equip. Mechanic 11 1 yr. 4 yr. Hr. 22.16 22.51 22.90 23.33 23.79
Transit Mechanic Biw. 1772.75 1800.95 1831.89 1866.48 1902.88
Maintenance Welder Mo. 3840.96 3902.06 3969.10 4044.04 4122.91
Filtration Plt. Maint. Mech
Sewage Plt. Maint. Mech.
Lead Mechanic- Transit 12 1 yr. 4 yr. Hr. 22.51 22.90 23.33 23.79 24.25
Mechanic III - Central Garage Biw. 1800.95 1831.89 1866.48 1902.84 1940.17
Mo. 3902.06 3969.10 4044.04 4122.82 4203.70
13 1 yr. 4 yr. Hr. 22.93 23.29 23.74 24.33 24.98
Biw. 1834.62 1862.83 1899.22 1946.54 1998.44
Mo. 3975.01 4036.13 4114.98 4217.50 4329.95
Filt.Plt.Elect.Maint.Tech. 14 1 yr. 4 yr. Hr. 23.85 24.18 24.59 24.99 25.41
Electrician I Biw. 1908.33 1934.72 1967.47 1999.33 2033.00
Instrumentation Tech. Mo. 4134.72 4191.89 4262.85 4331.88 4404.83
Electromechanical Technician
Electrician II 15 1 yr. 4 yr. Hr. 24.00 24.40 24.86 25.44 26.20
Flt. Plant Elect. Biw. 1920.16 1952.00 1988.41 2034.84 2095.79
Mo. 4160.35 4229.33 4308.22 4408.82 4540.88
Ind/Elect. Tech 16 1 yr. 4 yr. Hr. 26.16 26.95 27.76 28.62 29.76
Biw. 2093.07 2155.85 2220.46 2289.62 2380.64
Mo. 4534.99 4671.01 4811.00 4960.84 5158.05
29
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF OSHKOSH
AND
OSHKOSH EMPLOYEE UNION LOCAL 796, AFSCME, AFL -CIO
EQUIPMENT OPERATOR TRAINEE II (Trainee)
The City of Oshkosh (hereafter "City ") and the Oshkosh City Employee Union Local 796, AFSCME,
AFL -CIO (hereafter "Union ") hereby agree as follows:
1. In reaching this Memorandum of Understanding, the parties intend to create the Equipment
Operator II (Trainee) classification that, when vacant, would provide an opportunity for
employees to apply, train and have the potential to ultimately lead to the Equipment Operator II
classification. In the interests of all parties, the City and Union agree to the following changes to
the contract and mutual understandings to create this classification and provide for its successful
use.
2. Probation. An existing employee selected for the Equipment Operator II (Trainee) position shall
be allowed to return to his/her former job without loss of seniority during the first thirty (30)
working days in the position. An employee selected for this position shall serve a probationary
period from the first day of work in the position through successful completion of an entire six (6)
month construction season (April 15 through October 15). During this probationary period the
City shall evaluate the employee and provide the employee with suggestions for improvement. If,
in the judgment of the City, the employee is not meeting the standards of the position at any time
during the probationary period, the City shall reassign the employee to his/her former position, if
available, or an equivalent position. Such employee shall not be eligible to reapply for the
Equipment Operator II (Trainee) position for two years from the date he /she was returned to
his/her former or equivalent position unless he /she can present substantial evidence of new and
relevant training and/or experience.
3. Seniority. An existing employee who is selected for the Equipment Operator II (Trainee) position
and decides to return to his/her former position within the first thirty (30) work days or is deemed
by the City to be unqualified for the job while on probation and is returned to his/her former or
equivalent position, shall not have his/her division, department or bargaining unit seniority
adversely affected. Said employee shall receive division, department and bargaining unit
seniority credit in his/her former or equivalent position for the time spent in the Equipment
Operator II (Trainee) position.
4. Shifts. The City reserves the right to schedule and assign the Equipment Operator II (Trainee) to
various shifts during the construction season of the probationary period so as to provide
maximum training opportunities to the employee.
5. This Memorandum of Understanding shall not establish a precedent or practice of any kind.
30
MEMORANDUM OF UNDERSTANDING
TRIAL PERIOD FOR
COMPENSATORY TIME COVERING
TRANSIT, CENTRAL GARAGE AND SANITATION
The City of Oshkosh (hereafter "City ") and Oshkosh City Employee Union, Local 796,
AFSCME, AFL -CIO (hereafter "Union ") hereby agree as follows:
1. Notwithstanding any other provision in the Labor Agreement, employees in the
transit, central garage and sanitation departments shall be allowed to
accumulate a maximum of twenty -four (24) hours of compensatory time per
year on a trial basis. It is understood that the twenty -four hours is a one -time
maximum accumulation per year.
2. All provisions in the Labor Agreement regarding the requirements for earning,
using and paying out compensatory time shall apply.
3. This Memorandum of Understanding shall be effective starting the first full pay
period following the ratification of the 2010 -11 Labor Agreement by both
parties.
4. This Memorandum of Understanding shall expire on December 31, 2012 and
become null and void unless both parties agree in writing to continue its terms.
5. This Memorandum of Understanding shall not be considered a binding past
practice nor establish any precedent.
FOR THE CITY FOR THE UNION
0 -----
f /0 Al
4610 Alli A _. 4.-_.,,i
Date Date / -- '' -- /0
31