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HomeMy WebLinkAboutOshkosh City Professional Employees/Contract HSO)HSO 30 LLIO QNV NOIJVIOOSSV SHHXOZdWH 1VNOISSH30Hd ALIO HSONHSO SOVHZNOO 886T-L861 I . E . ARIIC.LE PAGE I Management Rights 3 II Pay Policy 4 III Rules and Regulations 5 IV Probationary Period & Employment Status 5 V Termination of Employment 6 VI Work Hours 6 VII Hospitalization & Life Insurance 6 VIII Holidays 7 IX Retirement Fund 7 X Sick Leave 7 XI Compensatory Time 8 XII Longevity 8 XIII Rest Periods 9 XIV Vacation 9 XV Emergency Leave 9 XVI Leave Without Pay 10 XVII Unauthorized Absence 10 XVIII Waiver of Rights 10 XIX Grievance Procedure 10 XX Uniform Allowance 11 XXI Reopener 11 XXII Scope of Negotiations 12 XXIII Resolution of Difference by Peaceful Means . . 12 XXIV Recognition and Dues Deduction 12 XXV Complete Agreement 13 XXVI Duration 13 Rates 14-15 A G R E E M E N T THIS AGREEMENT IS entered into to be effective on Pay Period 1 , 1987 , by and between City of Oshkosh, Wisconsin, party of the first part hereinafter referred to as the EmQlQy r., and the Oshkosh City Professional Employees Association, party of the second part hereinafter referred to as the Ltnian. WHEREAS, IN ORDER TO INCREASE GENERAL EFFICIENCY, TO MAINTAIN the existing harmonious relations between the employer and its employees, to maintain a uniform minimum scale of wages, hours and conditions of employment among the employees and to promote orderly procedures for the processing of any grievances between employees and employee and/or employee and employer, and the declaration of rules and regulations and the establishment of and declaration of policies to insure a proper and ethical conduct of business and relations between the Employer and the Union, and to that end have reached this Agreement. NOW, THEREFORE, the parties hereto , each in consideration of the agreements herein contained of the other, hereby agree as follows: ARTICLE MANAGE"IENT R&GETS EECTIQN 1, The City possesses the sole right to operate City government and all management rights repose in it, but such rights must be exercised consistently with the other provisions of this contract. These rights include but are not limited to the following : A. To direct all operations of City Government . B . To establish reasonable work rules, with the reasonableness of the rules to be subject to the grievance procedure . C . To hire, promote, transfer, assign and retain employees in positions with the City Hall . D . To suspend , demote, discharge and take other disciplinary action against employees pursuant to authority and under the rules and regulations of the City Hall. 3 E. To relieve employees from their duties because of lack of work or other legitimate reasons . F . To establish reasonable schedules of work . G. To maintain efficiency of City Government operation entrusted to it . H. To take whatever action is necessary to comply with State or Federal law . I . To introduce new or improved methods or facilities . J . To determine the number, structure and location of departments and divisions; the kinds and amounts of services to be performed as pertains to City Hall , and the number and kind of positions and job classifications to perform such services. K . To change existing methods or facilities . L . To contract out for goods or services . M. To determine the methods , means and personnel by which City Hall operations are to be conducted . N. To take whatever action is necessary to carry out the functions of the City in situations of emergency . A$IIalE_IL. aEalIon_l, Compensation. Employees shall be compensated within the pay ranges set forth in the classification and pay plan of the employer and in accordance with the rules for administration included therein. Attached as an appendix to this agreement are the job classifications and pay schedules. aECIIQ13_ Classification. The employer shall determine the number of employees and types of positions or classifications necessary to operate the facility. Should an employee feel he or she is erroneously classified , they may apply for a review of their classification by the Personnel Director. • ARIIQJ�E_II1. Ruza_AND_muAIma a.E ILQN_1_. The employer may adopt and publish rules and regulations concerning the operation of its facility and conduct of employees. Such rules and regulations may be amended periodically, provided reasonable notice is given to affected employees. ARI?StRE_I v_ ER2$AILQNARI_EERI22_i_EtELU ENI_anINd EECIIQN_1, 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) conse- cutive 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. aL IQN_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 bar- gaining unit covered by this Agreement and shall not be covered by any of the provisions of this Agreement. EEQIIQN_j_ 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. aECI1,Q13_4. 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. 5 A RTIQ.I _I TER I LATI2X_Q _RMRL.Q MENI aEuIQn_l.s. 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 quali- fications 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 bar- gaining unit and only when temporary help is not being utilized for work in the classification. aES.TIQI_L 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. ARTI�.LE_YI LiQRK.IQLLEE dRCTIQi_1_ The work day and work week shall be as follows : 8:00 A.M. to 14:30 P.M., Monday through Friday. 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. H O aEITALIZATI2N_I_LIEE_Ilia RA KE RRQTTQN 1 . 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 unreasonably denied. The full cost of this plan shall be paid for by the City. QEC,TI211_2, The employer shall pay 100% of the premium of the group life insurance policy. 6 1121,I2AIS aEQIIQN_i . 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 , Christ- mas 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. AEIIQEE_IX. REIIRE EN_I1LNQ aEQIIm[_L In addition to the Statutory requirements , the employer shall pay to the retirement fund six percent ( 6% ) of the employee 's mandatory contribution . LEII N_i aIQK_LEAVF EEQIIQ11_1s, 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 accumu- late to a maximum of one hundred and fifty ( 150) days. ,,gEQiux_2, An employee may apply for sick leave with pay for absence necessitated by injury or illness. An employee may take sick leave with pay for absences necessitated by serious illness or serious injury which requires emergency medical treatment or hospitalization of said employee's spouse or child. It is understood that this provision, 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 doctor's certificate for such absence upon request of the City , stating the nature of the illness or injury and whether or not the employee has been incapacitated for said period of absence . 7 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 care- fully . Unused accumulated sick leave up to 132 days shall be paid to employees who die in service or retire under the Wisconsin Retire- ment System, at one-half the employees rate in effect at the time he/she dies or retires. No sick leave, injury leave or temporary disability benefits shall be payable to any employee injured while in the employ of an employer other than the City of Oshkosh if the employee is covered by Worker's Compensation by the other employer. ARIIQ LL I QQMRENZAIORY_TIME SECTION 1 . Compensatory time shall be granted at the rate of 1 1/2 times for full time employees required to work over the normal work day or week. Compensatory time will be recorded and may be used during the year upon request of the employee and with the approval of the department head or at the direction of the Department Head. Any unused balance of compensatory time will be paid in February of the following year. a .QTIQN_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 . ARTIQLE_LII LQNGEVITY NEQII01_1_ The employer agrees to the following longevity plan for all full time employees : 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 . 8 ARTIQLE_XIII RFEI_ELEIQQE SEQTIQN_1_ Full time employees shall be granted two (2) fifteen ( 15) minute rest periods per work day, one ( 1) to be scheduled during the first half of the work day , and one ( 1) to be scheduled during the second half of the work day. Such breaks may not be accumulated . ARTICLE IV VACATIQN QECTIQN_1_ All regular full time employees shall be granted vacation leave with pay based upon the following schedule in each succeeding calendar year. EEQT_IQN__L Each full time employee with less than one full calendar year of service shall be granted a vacation in the succeeding calendar year on a prorated basis in proportion to the length of time worked , based upon the following schedule : SCHEDULE A . 1 year of continuous service = 2 weeks vacation . B . 7 years of continuous service = 3 weeks vacation . C . 15 years of continuous service = 4 weeks vacation . 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 . ' ARTIQLE_Iv EM .RLENQY_LEAVE QEQTIQN 1 . In the case of death in the immediate family of a regular employee (spouse, children, step-children, parents , step- parents, sister, brother, brother-in-law, sister-in-law, mother-in- law, father-in-law, grandparents and grandchildren) , the employee will be paid for the scheduled time lost from the day of death up to and including the day after the funeral , but not to exceed three (3) scheduled work days at his regular straight time hourly rate and not to exceed seven and one-half hours per day . No funeral leave will be paid to any employee while on sick leave, lay-off or any leave of absence. 9 ARTICLE_IYi LEAVE WITEQQT_EAY aECTIQN_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. ARIICLE_7IYII N.NAQTHQRIEEP_ABEENQE EECTIQN_LNo 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. ARTIQLE_ .YIII WAIYER_QF_RiaffIE aECTIQN_L 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. aECTIQN 2. If said invalidity arises through conflict with a specific statute, then the statute shall govern that portion of the Agreement which is in conflict, and negotiations shall be instituted to adjust the invalidated clause . ARTILE_AII QRIEYANQE_ERQMQRE EEQTIQN_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 viola- tion, 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 . ,5.1.111_1_ 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 10 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. Slgg_ 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 Director's statement, the employee shall advance his grievance to Step 3 , or the matter shall be considered settled by all parties. El.12_3_ The employee shall submit the grievance in writing along with a copy of the Department Director's statement to the City Manager. The City Manager shall issue his statement in writing to the employee and the 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. EEgg_4. 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 shall be based solely upon his interpretation of the "express language" of the Agreement. A R TIC L_XL QNIEQRM_AEUNANQE Public Health Nurses and the Public Health Nurse Supervisor shall receive Seventy-five Dollars ($75.00) per year to off-set the costs of required uniforms. Payment shall be made prior to March 1st of each calendar year. ARTIQEE_x I REQEENER SECTI211_1_ During the course of the contract year, any article of this Agreement may be opened for negotiations by mutual consent of both parties to the Agreement. Negotiations under this Article shall be restricted to the Article stated in the request for discussion. 11 AR.T_ alL_LIII Gaon OF NEGQTIAIIQEE SEQTIQN_1, It is agreed between the parties of the Contract that the clauses, provisions, or portions set forth in this Agree- ment constitute the scope of negotiations for the period of the contract . ARTICLE_ �III RESQLUTIQN OF DIFFERENCE BY EEACEFUL MEA1 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 under- stood that differences are intended to be settled through the grievance procedure contained herein. ARTICLE_ I RE22QnITIQN_Aan_nuai uUuIQNE 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 in- cluded 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 Professional 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 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 of $5 .00 per month, such amount being the monthly dues certified by the Association as the current dues uniformly required 12 of all members , and pay said amount to the treasurer of the Asso- ciation 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 certi- fied by the Association 30 days before the effective date of the change . ARIiQQz_X.L1 CQMPI ,TE AGREEMENI The foregoing constitutes the entire agreement between the parties and no verbal statement or past practice shall supersede any of its provisions. A R IIgIE_a lli .URAIIQI 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 of any subsequent year . IN WITNESS WH pOF , the par hereto have executed this Agreement on this' day of 4. 5-22.12- , 1987, by: FOR TH CITY: ..9 FOR THE ASSOC IO ; „---- /4--.4 ,z//'• lam" -y, William D . Frueh , City Manager -_,,,,,,,,z-- .;,- . / ,. _,...,..„..,,,....._,....LJ.,,,,,L.&2,2___ ,X.--2-41- --1_,Z,A.----- Donna C . Serwas , City Clerk '---]/ _ / ,p„ -------;7' 7--C..-za-f_C..._.<<f-'--.4;a0-.._K_______ I hereby certify that the necessary provisions have been made to pay the roved : liability which will accrue under this contract . j:11 - Sie-A' - 11Ai-c-/ hn W. Pence, City Attorney City Comptroller 13 RATES EFFECTIVE PAY PERIOD 1 , 1987 * CLASS RNG. FREQ. SPAN A B C D E Civil Eng. Tech. Draftsman 1 6 mo. 3 yr. biw. 728.84 747.91 766.99. 790.56 . 810.90 Assessment Specialist mo. 1579.15 1620.47 1661 .81 1712.88 1756.95 F M biw. 831 .86 854.77 mo. 1802.36 1852.00 A B C D M Housing Inspector 2 1 yr. 4 yr. biw. 774.63 808.96 847.14 885.30 927.25 Asst. Museum Director mo. 1678.36 1752.74 1835.47 1917.80 2009.04 Civil Engineer Technician Public Health Nurse 3 1 yr. 4 yr. biw. 808.96 847.14 885.30 927.25 973.05 mo. 1752.74 1834.47 1917.80 2009.04 2108.27 Sanitarian 4 1 yr. 4 yr. biw. 831 .86 868.10 906.29 950.13 997.86 mo. 1802.36 1880.88 1963.62 2058.61 2162.03 Deputy City Assessor 5 1 yr. 4 yr. biw. 866.18 902.46 940.61 976.87 1020.78 Chemist mo. 1876.72 1955.33 2037.98 2116.55 2211 .69 Bacteriologist Electrical Inspector 6 1 yr. 4 yr. biw. 906.29 944.40 986.41 1030.30 1077.98 Public Health Nurse Sup. mo. 1963.62 2046.20 2137.22 2232.31 2335.62 Plumbing Inspector Building Inspector Civil Engineer I Plumbing Supervisor 7 1 yr. 4 yr. biw. 927.27 973.05 1015.03 1068.46 1118.05 City Sealer/Heating Insp. mo. 2009.04 2108.27 2199.23 2314.99 2422.44 * Official rates are bi-weekly rates. 14 RATES EFFECTIVE PAY PERIOD 1 , 1983 * CLASS RNG. FREQ. SPAN A B C D E Civil Eng. Tech. Draftsman 1 6 mo. 3 yr. biw. 750.70 770.34 789.99 814.27 835.22 Assessment Specialist mo. 1626.51 1669.07 1711 .64 1764.25 1809.64 F M biw. 856.81 880.41 mo. 1856.42 1907.55 A B C D M Housing Inspector 2 1 yr. 4 yr. biw. 797.86 833.22 872.55 911 .85 955.06 Asst. Museum Director mo. 1728.69 1805.31 1890.52 1975.67 2069.29 Civil Engineer Technician Public Health Nurse 3 1 yr. 4 yr. biw. 833.22 872.55 911 .85 955.06 1002.24 mo. 1805.31 1890.52 1975.67 2069.29 2171 .52 Sanitarian 4 1 yr. 4 yr. biw. 856.81 894.14 933.47 978.63 1027.79 mo. 1856.42 1937.30 2022.51 2120.36 2226.87 Deputy City Assessor 5 1 yr. 4 yr. biw. 892.16 929.53 968.82 1006.17 1051.40 Chemist mo. 1933.01 2013.98 2099.11 2180.03 2278.03 Bacteriologist Electrical Inspector 6 1 yr. 4 yr. biw. 933.47 972.73 1016.00 1061 .20 1110.31 Public Health Nurse Sup. mo. 2022.51 2107.58 2201 .33 2299.26 2405.67 Plumbing Inspector Building Inspector Civil Engineer I Plumbing Supervisor 7 1 yr. 4 yr. biw. 955.06 1002.24 1045.48 1100.51 1151 .59 City Sealer/Heating Insp. mo. 2069.29 2171 .52 2265.20 2384.43 2495.11 * Official rates are bi-weekly rates. 15