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HomeMy WebLinkAboutOshkosh City Employees Contract 1987-1988 CONTRACT OSHKOSH CITY EMPLOYEES ASSOCIATION AND CITY OF OSHKOSH INDEX alIg E PAGE I Management Rights 3 II Pay Policy 3 III Rules and Regulations 4 IV Probationary Period & Employment Status 4 V Termination of Employment 5 VI Work Hours 5 VII Hospitalization & Life Insurance 6 VIII Holidays 6 IX Retirement Fund 6 X Sick Leave 6 XI Compensatory Time 7 XII Longevity 8 XIII Rest Periods 8 XIV Vacation 8 XV Emergency Leave 9 XVI Leave Without Pay 9 XVII Unauthorized Absence 9 XVIII Waiver of Rights 9 XIX Grievance Procedure 10 XX Reopener 11 XXI Scope of Negotiations 11 XXII Resolution of Difference by Peaceful Means 11 XXIII Recognition and Dues Deduction 11 XXIV Duration 12 Rates 13,14 2 Lamm '. THIS AGREEMENT IS entered into to be effective Pay Period 1 , 1987, by and between the City of Oshkosh, Wisconsin, party of the first part hereinafter referred to as the Einklaylz, and the Oshkosh City Employees Association, party of the second part hereinafter referred to as the QQj`QQ. 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: 4R��QEE� SEQIIQN_1 . Except to the extent expressly abridged by a speci- fic 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 Association. EA Y_EQQ�.QY NEQ= 111_1,_ Compensation. Employees shall be compensated within the pay ranges set forth in the classification and pay plan of the employer and in accordance with the rules for administration included therein. Attached as an appendix to this agreement are the job classifications and pay schedules. aEg_II01_21. Classification. The employer shall determine the number of employees and types of positions or classifications necessary to operate the facility. Should an employee feel he or she is erroneously classified , they may apply for a review of their classification by the Personnel Director . 3 au.II01_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 . A E?IQQE_IY QEQI.1QN1_4 . 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 six (6) consecutive months. The probationary period may be extended for up to six (6) additional months through mutual agreement between the City and Association. During the probationary period the employer may dismiss such employee at its discretion. Employees promoted shall serve a probationary period of six (6) months. If the promoted employee shall not prove satisfactory in the new position, the employee shall be returned to his or her old classification . azgaIgt_z, 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 . QEQII2R_3_ The employees of the bargaining unit shall be informed of all vacancies and job openings in the unit through an announcement placed on the informational bulletin boards in the City Hall and Museum. QEQuQ13_14. 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 . 4 aFIQIj_1,_ Lay-Off. The employer may, in the interest of the City, lay-off any employee at any time. The employer shall furnish the affected employee with a written notice. Where qualifications of position permit , the employee with the least seniority within the classification shall be laid off first. 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 . amisa_2_ Dismissal. The employer may discharge any employee only for good cause related to and/or affecting his employment. The employer shall furnish the discharged employee with a written notice of the action and the reason(s) for same . ARII0 _U INli ._EQyRa aE,QII,Qx_L The work day and work week shall be as follows : 8:00 A.M. to 4:30 P.M., Monday through Friday. Exceptions to this Article shall be: the custodians and animal shelter whose normal work day shall consist of not more than 7 1/2 hours performed Sunday through Saturday, not to exceed 37.5 hours; the normal work week for Courtesy Aides and Oshkosh Transit shall be Monday through Saturday, not to exceed 37.5 hours; the normal work week for the museum employees shall be Sunday through Saturday. The normal work day shall be 7 1/2 hours. When Museum employees are required to work Saturday and Sunday they shall receive their two days off normally during the same pay period. The employer may change the hours of the work day in the best interest of the public , provided the number of hours per work day is not increased. aEQr1.01_2= In the event an employee is called in to work , such employee shall be entitled to two hours compensatory time off, as a minimum even though the time involved may be less than two hours , when the employee is otherwise unscheduled to work. 5 �.RIIQL�_Y�.I uQ iQI`I_L,. The employer shall provide health coverage similar to the level of benefits available to the employees under the HMP type program in effect during 1982, providing any changes are approved by the association. Such approval shall not be unreason- ably denied . The full cost of this plan shall be paid for by the City . a. QImt 2. The employer shall pay 100% of the premium of the group life insurance policy . ARIIQLF_YIII HQLIDAIa aE.QIIQIuL• Each full time employee shall be granted eleven ( 11) paid holidays: New Year's Day, Memorial Day , Independence Day, Labor Day , Thanksgiving Day, the day before Christmas , Christmas Day, Good Friday, and Three Floating Holidays; which shall be earned at the rate of 3 / 10 day for each month worked but not to exceed three days. Such days may be scheduled and used in the same manner as vacation days with the approval of the Department Head . �RIIQLE_I�. REIIRE"ENI_EQNQ .51QII0_1 In addition to the Statutory requirements , the employer shall pay to the retirement fund six percent ( 6% ) of the employee ' s mandatory contribution . a ami_L• 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 and fifty ( 150 ) days . 6 alf,maj_,2„= An employee may apply for sick leave with pay for absences necessitated by injury or illness , or serious illness or serious injury which requires emergency medical treatment or hospit- alization of said employee's spouse or child. It is understood that this provisionn , as it relates to the employee's spouse or child , is for emergency purposes and the employee shall make diligent effort to limit such absence to one ( 1) day , if possible; however, under no circumstances shall such absence exceed three (3) days per any calendar year. 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 doctors 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 . 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 132 days shall be paid to employees who die in service or retire at age 62 or older , at one- half the employees rate in effect at such time. No sick leave , injury leave or temporary disability benefits shall be payable to any employee injured while in the employ of an employer other than the City of Oshkosh if the employee is covered by Worker's Compensation by the other employer . QQ"1�Ei�Is�AI4$._T�"I aFQTjQIj_],_ Compensatory time shall be granted at the rate of 1 1/2 times for full time employees required to work over the normal work day or week. Compensatory time will be recorded and may be used during the year upon request of the employee and with the approval of the Department Head or at the direction of the Department head except that balances in excess of 40 hours may be scheduled to be taken off by the employee's supervisor. Any unused balance of compensatory time will be paid in February of the following year . 7 azQlI21_2_ Compensatory time on the books as of 12-31 -65 will remain and may be taken off on a straight time ratio subject to the provisions for the granting of such leave outlined in Section 1 . Any unused balance of such time will be paid upon separation based on the salary in effect as of 12-31 -65 . LoISaF1I.TY 5. Q 01_1 The employer agrees to the following longevity plan for all full time employees below the rank of Division Head and "nonworking supervisor . " A . $2 .77 Bi-weekly after 5 years of continuous service . B . $5 .54 Bi-weekly after 10 years of continuous service . C . $9 .23 Bi-weekly after 15 years of continuous service . D . $12 .92 Bi-weekly after 20 years of continuous service . azaTQat_L• Full time employees shall be granted two (2) fifteen ( 15) minute rest periods per work day, one ( 1) to be scheduled during the first half of the work day , and one ( 1) to be scheduled during the second half of the work day. Such breaks may not be accumulated . L$uQQL_X 1 IAQAIIOi uQuQJ_1_ All regular full time employees shall be granted vacation leave with pay based upon the following schedule in each succeeding calendar year . aEQ IQN_2_ Each full time employee with less than one full calendar year of service shall be granted a vacation in the succeeding calendar year on a prorated basis in proportion to the length of time worked , based upon the following schedule: A . 1 year of continuous service = 2 weeks vacation . B . 7 years of continuous service = 3 weeks vacation . C . 15 years of continuous service = 4 weeks vacation . 8 D . 20 years of continuous service = 5 weeks vacation . In the event of separation prior to completion of one year of service , no terminal vacation shall be paid . A$IIO L_LY ."1$$Q$R M IA/ 1=0_1, In the case of death in the immediate family of a regular employee (spouse , children, step-children, parents , step- parents, sister, brother , step-brother, step-sister, brother-in-law, sister-in-law, mother-in-law, father-in-law, grandparents and grand- children) , the employee will be paid for the scheduled time lost from the day of death up to and including the day after the funeral , but not to exceed three (3) scheduled work days at his regular straight time hourly rate and not to exceed seven and one-half (7 1/2) hours per day. No funeral leave will be paid to any employee while on sick leave, layoff or any leave of absence. 4$$YE_XIM$l_PAY =1.Qi_1 Applications for leave of absence without pay shall be made in writing to the department head , stating the period of such leave, and reasons for same. Disposition of such requests will be made on the basis of staffing requirements of the employer . aNARILWRI .EP AalEK$ a$ClIIQtL_1s No employee may absent himself from duty during working hours without the permission of the responsible department head. Any employee absenting himself without permission shall be subject to disciplinary action . HAZY .$_Q ._RIOaa uCsuQx 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 . 9 aEQILON_L. 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 . gaux_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 Association at the option of the employee . 12_1L The aggrieved employee may present the grievance orally to his management supervisor. The employee and supervisor shall attempt to resolve the grievance. The supervisor shall state his position to the employee within three (3) consecutive work days. Within three (3) 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 . 5112_2j. The employee shall submit the grievance in writing to his Department Director. The Department Director shall state his position in writing within three (3) consecutive work days after receipt of the Department Directors statement , the employee shall advance his grievance to Step 3 , or the matter shall be considered settled by all parties . atall_3s. The employee shall submit the grievance in writing along with a copy of the Department Directors statement to the City Manager. The City Manager shall issue his statement in writing to the employee and the Department Director within five (5) consecutive work days. The employee shall advance to Step 4, or the matter shall be considered settled by all parties . ale.i2_s If the employee does not consider the grievance satisfactorily adjusted , he may request that the grievance be settled by arbitration. The employee shall give written notice of his request for arbitration within ten ( 10) days after the receipt of the City Manager's statement. Upon receipt of such notice , the employee 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 appoint an arbitrator and said arbitrators shall choose a third arbitrator. The decision of the arbitrator or panel of arbitrators shall be final and he shall have no right to amend , modify , ignore or add to the provision of this Agreement. The decision of the arbitrator 10 shall be based solely upon his interpretation of the "express language" of the Agreement . ARIIQEE_X.X $EQRENER ,gEQusa_J During the course of the contract year, any article of this Agreement may be opened for negotiations by mutual consent of both parties to the Agreement. Negotiations under this Article shall be restricted to that Article stated in the request for discussion . ARIIQ j F_XfI aaQREQQ _nQQIl.AI .QiLB SEcTI,QX_L. It is agreed between the parties of the Contract that the clauses, provisions , or portions set forth in this Agreement constitute the scope of negotiations for the period of the contract . A$IIQLE_IIII RE5.21.11II2X_4F_i2.IEF ERIKE_BI_REAQEEEL_i EARB 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 . ARIIQEE_XxIII REc.2 auIiot_An_ali.EB_QEIZQQI .QN_B It is understood that the bargaining unit consists of those individuals fulfilling the functions as set forth in the wage schedule attached to the contract. Individuals and jobs not included in those categories are specifically excluded. Job titles not withstanding it is not intended to add or exclude anyone not presently in the bargaining unit . In the event new positions are added by the City , they should be brought to the attention of the Oshkosh City Employees Association for the purpose of negotiating inclusion or exclusions from the unit . The Association, as the exclusive representative of all the employees in the bargaining unit, will represent all such employees, association and non-association , fairly and equally, and all employees in the unit will be required to pay, as provided in 11 this article, their proportionate share of the costs of representa- tion by the Association. No employee shall be required to join the association , but membership in the association shall be made avail- able to all employees who apply consistent with the association constitution and by-laws. No employee shall be denied Association 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 amount certified by the Association as the current dues uniformly required of all members , and pay said amount to the treasurer of the Association on or before the end of the month in which such deduc- tion was made. Changes in the amount of dues to be deducted shall be certified by the Association 30 days before the effective date of the change . ARIL _XX� L This Agreement shall become effective Pay Period 1 , 1987 and shall remain in full force and effect until and including December 31 , 1988 and shall be automatically renewed from year to year unless negotiations are instituted by September 1 , or any subsequent year. IN WITNESS WHEREOF , the parti s hereto have executed this Agreement on this _ C �r _ day of , 19/.7, by: FOR THE ITY FO E ASSOCIA401> Wi Liam D .�� IIFrueh , City Man ger ``-- Donna C . Serwas , City Clerk �� ea_ d =�2_e_Z/l ' I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract . -- = Xs City Comptroller Approved : L).11aalp._1? 4 John W. Pence , City A torney 12 RATES EFFECTIVE PAY PERIOD 1 , 1987* CLASS RNG FREQ. SPAN A B C D M Courtesy Aide 1 6 mo. 1 yr. Biw. . 485.23 502.44 515.90 Clerk Typist I Mo. 1051 .33 1088.62 1117.78 Duplicating Machine Operator Keypunch Operator 2 6 mo. 2 yr. Biw. 494. 19 507.64 521 .04 538.32 549.83 Secretary I Mo. 1070.75 1099.89 1128.92 1166.36 1191 .30 Clerk Typist II Account Clerk I 3 6 mo. 2 yr. Biw. 515.90 533.44 551 .58 570.33 590.72 Cataloger Mo. 1117.78 1155.79 1195.09 1235.72 1279.89 Assessment Technician Family Housing Coordinator Housing Compliance Officer Senior Services Coordinator Civil Engineer Aide I 4 • 6 mo. 2 yr. Biw. 590.72 609.86 623.27 638.62 661 .65 Mo. 1279.89 1321 .36 1350.42 1383.68 1433.58 Account Clerk II 5 1 yr. 4 yr. Biw. 563.84 590.72 619.44 644.19 676.99 Community Health Tech. Mo. 1221 .65 1279.89 1342. 12 1395.75 1466.81 Museum Activities Coord. • Asst. Telecom. Manager Registrar 6 1 yr. 4 yr. Biw. 590.72 619.44 644.19 676.99 709.62 Asst. Poundmaster Mo. 1279.89 1342. 12 1395.75 1466.81 1537.51 Custodian 7 6 mo. 2 yr. Biw. 619.44 632.94 653.98 669.31 688.51 Mo. 1342. 12 1371 .37 1416.96 1450. 17 1491 .77 Parking Meter 8 1 yr. 4 yr. Biw. 619.44 644. 19 676.99 709.62 742. 19 Service I Mo. 1342. 12 1395.75 1466.81 1537.51 1608.08 Staff Artist Accountant 9 1 yr. 4 yr. Biw. 644. 19 676.99 709.62 742. 19 778.63 Museum Asst. Mo, 1395.75 1466.81 1537.51 1608.08 1687.03 Poundmaster Civil Eng. Aide II 10 1 yr. 4 yr. Biw. 676.99 709.62 742. 19 778.63 813. 14 Mo. 1466.81 1537.51 1608.08 1687.03 1761 .80 Parking Meter 11 1 yr. 4 Yr• Biw. 701 .91 734.52 767.14 799.73 836. 16 Serv. II mo. 1520.81 1591 .46 1662. 14 1732.75 1811 .68 .68 * Official rates are bi-weekly rates 13 RATES EFFECTIVE PAY PERIOD 1 , 1988* CLASS RNG FREQ. SPAN A B C D M Courtesy Aide 1 6 mo. 1 yr. Biw. . 499.79 517.51 531 .38 Clerk Typist I Mo. 1082.88 1121.27 1151 .32 Duplicating Machine Operator Keypunch Operator 2 6 mo. 2 yr. Biw. 509.02 522.87 536.67 554.47 566.32 Secretary I Mo. 1102.88 1132.89 1162.79 1201 .35 1227.03 Clerk Typist II Account Clerk I 3 6 mo. 2 yr. Biw. 531 .38 549.44 568. 13 587.44 608.44 Cataloger Mo. 1151 .32 1190.45 1230.95 1272.79 1318.29 Assessment Technician Family Housing Coordinator Housing Compliance Officer Senior Services Coordinator Civil Engineer Aide I 4 • 6 mo. 2 yr. Biw. 608.44 628. 16 641 .97 657.78 681 .50 Mo. 1318.29 1361 .01 1390.94 1425.19 1476.58 Account Clerk II 5 1 yr. 4 yr. Biw. 580.76 608.44 638.02 663.52 697.30 Community Health Tech. Mo. 1258.31 1318.29 1382.38 1437.63 1510.82 Museum Activities Coord. Asst. Telecom. Manager Registrar 6 1 yr. 4 yr. Biw. 608.44 638.02 663.52 697.30 730.91 Asst. Poundmaster Mo. 1318.29 1382.38 1437.63 1510.82 1583.64 Custodian 7 6 mo. 2 yr. Biw. 638.02 651 .93 673.60 689.39 709. 17 Mo. 1382.38 1412.52 1459.47 1493.68 1536.54 Parking Meter 8 1 yr. 4 yr. Biw. 638.02 663.52 697.30 730.91 764.46 Service I Mo. 1382.38 1437.63 1510.82 1583.64 1656.33 Staff Artist Accountant 9 1 yr. 4 yr. Biw. 663.52 697.30 730.91 764.46 801 .99 Museum Asst. Mo. 1437.63 1510.82 1583.64 1656.33 1737.65 Poundmaster Civil Eng. Aide II 10 1 yr. 4 yr. Biw. 697.30 730.91 764.46 801 .99 837.53 Mo. 1510.82 1583.64 1656.33 1737.65 1814.65 Parking Meter 11 1 yr. 4 yr. Biw. 722.97 756.56 790. 15 823.72 861 .24 Serv. II Mo. 1566.44 1639.21 1711 .99 1784.73 1866.02 * Official rates are bi-weekly rates 14 TO: ALL CITY HALL EMPLOYEE ASSOCIATION MEMBERS FROM: NORBERT W. SVATOS, DIRECTOR OF PERSONNEL SUBJECT: POLICY ON JOB VACANCIES DATE: NOVEMBER 19, 1980 The employees of the bargaining unit shall be informed of all job openings in the unit through an announcement placed on the informational bulletin boards in the City Hall and Museum. The Association President shall also be informed in writing of these vacancies. In the interest of providing promotional opportunities to existing city employees, applications of those qualified employees shall be considered. This statement shall not be interpreted to mean that there is any requirement that any employee be given "preference" over other individuals. -13- TO: ALL CITY HALL EMPLOYEE ASSOCIATION MEMBERS FROM: NORBERT W. SVATOS, DIRECTOR OF PERSONNEL SUBJECT: POLICY ON VACATION DATE: NOVEMBER 19, 1980 In order to establish a uniform and understandable vacation policy, the following method shall become effective immediately: Division seniority shall determine the choice of vacations. On January 2 of each year, each employee starting with the senior person, shall be given three (3) working days to make his or her first choice of vacation, which could comprise the entire vacation or any portion thereof. When the least senior employee is reached, the rotation shall begin again until all picks have been made. Any "leftover" vacation days, after the picks are completed, shall be allowed on a first come basis subject to staffing requirements. These "leftover" vacation requests may be made at any time, although requests for compensatory time may be made no sooner than 30 days prior to the requested time off. When there are two requests for the same time period and one is using compensatory time and the other vacation, the vacation request generally shall have preference. Vacation periods of one to two weeks should be planned well in advance with your immediate supervisor so proper scheduling can be maintained. -14- TO: ALL CITY EMPLOYEE ASSOCIATION MEMBERS FROM: NORBERT W. SVATOS, DIRECTOR OF PERSONNEL SUBJECT: SICK LEAVE APPLICATION FORM DATE: FEBRUARY 17, 1983 This is to advise you that you are no longer required to answer the section relating to remaining at home during evening hours on the Sick Leave Application, unless the absence is for more than one day. This is not, however, a blanket authorization allowing employees to absent themselves from work while continuing normal activities during evening hours. You will be held accountable for all absences as in the past. -15-