HomeMy WebLinkAboutTransit Employee Working Conditions Agreement 2015-2017
WORKING CONDITIONS AGREEMENT
CITY OF OSHKOSH
AND
OSHKOSH CITYEMPLOYEES UNION, TRANSIT DIi�ISION
LOCAL 796, AFSCME, AFL-CIO
TABLE OF CONTENTS
Article Page
I -MANAGEMENT RIGHTS................................................................................................................3
II -RECOGNITION AND UNIT OF REPRESENTATION..............................................................3-4
Ill -RULES AND REGULATIONS ......................................................................................................4
IV-NEGOTIATIONS............................................................................................................................4
V-CONDUCT OF BUSINESS.............................................................................................................4
VI- PROBATIONARY AND EMPLOYMENT STATUS ...................................................................5 ,
VII- SENIORITY................................................................................................................................5-6
VIII- SUSPENSION-DEMOTION-DISCHARGE.............................................................................6-7
IX- SAFETY AND SANITATION .................................................................................................••--..7
X -NORMAL WORK WEEK,NORMAL WORK DAY AND NORMAL WORK SCHEDULE...7-9
XI - USE OF PART-TIME EMPLOYEES.........--•.................................................................................9
XII-PAY POLICY............................................................................................................................9-11
XIII -AUTHORIZED ABSENCE...................................................................................................11-14
XIV- UNAUTHORIZED ABSENCE..................................................................................................14
XV- INSURANCE..........................................................................................................................14-16
XVI- SECTION 125 PLAN.................................................................................................................16
XVII- TERMINATION OF EMPLOYMENT..........--•........................................................................16
XVIII-NEW JOBS -VACANCIES...................................................................•---........................16-17
XIX - GRIEVANCE PROCEDURE...............................................................................................17-18
XX - DUES DEDUCTIONS............................................................................................................18-19
XXI - WANER OF RIGHTS............................•----..............................................................................19
XXII -UNION BULLETIN BOARD...................................................................................................19
XXIII-REOPENER.............................................................................................................................19
XXIV- WISCONSIN RETIREMENT SYSTEM................................................................................19
XXV - MISCELLANEOUS ALLOWANCES.....................................................................................20
XXVI-LONGEVITY PLAN...............................................................................................................20
XXVII -MAINTENANCE OF BENEFITS.........................................................................................21
XXVIII - 13C AGREEMENT...............................................................................................................21
XXIX - STRIKES AND LOCKOUTS .................................................................................................21
XXX - WORKER'S COMPENSATION.........................................................................................21-22
XXXI - CLOTHING ALLOWANCE...................................................................................................22
XXXII - COMMERCIAL DRIVER'S LICENSE.................................................................................22
XXXIII-DURATION..........................................................................................................................23
APPENDIX A - CITY OF OSHKOSH TRANSIT WAGE SCHEDULE......................................24-25
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AGREEMENT
THIS AGREEMENT IS entered into to be effective on January l,2015,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,Transit Division,Loca1796,AFSCME,AFL-CIO and affiliated with the
Wisconsin Council of County and Municipal Employees,pariy of the second part hereinafter referred to
as the "Union";
WHEREAS, IN ORDER TO INCREASE GENER.AL 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:
Department Divisions
5. Transportation Transit
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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
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.
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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.
Proper records indicating the status of each employee shall be coinpleted 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.
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.
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 shall be laid off.
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Regular,full-time employees shall not be subject to layoff until all part-time,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 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 far 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.
ARTICLE VIII
SUSPENSION-DEMOTION-DISCHARGE
A. Susnension: Suspension is defined as the temporary removal without pay of an employee from
his/her designated position.
1. Sus ension or 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.
2. Suspension Durin�an Investi ag tion: 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.
B. Demotion: Demotion is defined as the movement of an employee to a lower pay range.
1. 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 shal l
be made a part of the employee's personnel history record, and a copy sent to the Union.
2. Yoluntarv Demotion: An employee may request or accept voluntary demotion when the
position he\she occupies is allocated to a lower class ar when assignment to less difficult or
responsible work would be to his�her advantage and in the interest of the service. The
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employee shall continue to receive his�her former rate of pay until the end of the current pay
period.
C. Dismissal: No einployee 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.
D. Usual Discinlinarv 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,provided no additional infractions occur. In the event additional
infractions occur that violation and the original violation are in effect for three(3)years froin 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.
E. Surveillance
Discipline based on surveillance will be issued consistent with just cause.
ARTICLE IX
SAFETY AND SA1vITATION
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. The work week for Operators will be established
through a regular run pick,as administered by the Employer. The work week for Garage Personnel(Lead
Mechanic,Mechanics,Operator-Mechanic and Shop Laborer)will be established on a seniority basis by
classification by the supervisor. Run picks will govern a whole number of weeks,with picks going into
effect with the start of the work day on Monday. Run picks will govern a two month period.
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Operators will make a selection from the run pick on a seniority basis, with the most senior employee
having the first opportunity to select a run.Run picks will be posted two(2)weeks in advance of the start
of the selection process. If an Operator fails to pick by his or her date to pick,they will lose their spot in
the run pick process and will be bypassed until they make their selection. If an Operator is on paid time
off when they are supposed to make their run pick,they must indicate their pick to the supervisor at that
time. The runs selected during the run pick will remain through the entire run pick period, unless
otherwise approved by the supervisor.
Operators have the option to swap work assignments in the following manners, upon consent of both
Operators and the immediate supervisor:
1. An Operator may swap an entire week's work schedule(Monday through Sunday)with another
Operator. Such an approved swap will include any and all extra work assignments that either
Operator has either accepted voluntarily or been forced to accept.
2. An Operator may swap one scheduled day off with another Operator in return for swapping
identical duration work schedules on the same days.
A request to swap work schedules must be submitted in writing to the supervisor at least two weeks prior
to the start of the time period when the swap would go into effect. Less notice may be accepted if staffing
needs can be met. Failure of either Operator to report for mutually agreed to exchanged assignment may
result in discipline and employee may forfeit right to swap work in the future.
Transit employees shall work in accordance with present mutually agreed upon schedule.-
Transit mechanics and the Shop Laborer shall receive a twenty(20)minute paid lunch break.
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.
The Employer may be called on to provide additional transit service in various unplanned emergency
situations. In these situations, 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 overtime 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 the employee's normal shift)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.
In order to preserve continuity of service,the Employer needs to ensure that all assignments for driving
work included in the normal operating schedule are filled by qualified employees.These assignments will
be filled as follows, regardless of the type of leave:
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A. In allocating extra work assignments and those extra work assignments that are split, the City
shall offer to the Employees in the following order:
1. Operator/Mechanic—so long as the work assignment does not cause the Operator/Mechanic
to exceed 40 hours worked for the week;
2. Operator/Sign—so long as the work assignment does not cause the Operator/Sign to exceed
40 hours worked for the week.
3. All Employees(including Operator/Mechanic and Operator/Sign)on the basis of bargaining
unit seniority.
B. The City may split an extra work assignment in its sole discretion. If forced to be assigned to the
split extra work assignment,the more senior employee will have his/her first choice of the split
assignment.
C. In the event the extra work assignment is not fully staffed,the City will assign employees in order
of reverse seniority.
D. The Operator-Mechanic and Operator-Sign cannot reject extra wark assignments unless they have
been previously approved for paid time off.
E. An Operator who has accepted or been assigned an extra work assignment can subsequently
decline that work only if another employee is available and willing to accept the assignment.
F. The Employer shall endeavor to maintain stability of employment throughout the year.
ARTICLE X�
USE OF PART-TIME EMPLOYEES
At the discretion of management,part-time employees may be used to fill in work assignments up to 32
hours per week per part-time employee,subject to provisions of the contract.Part-time employees may
work in excess of 32 hours per week only if no represented employee voluntarily accepts the work
assignment.Part-tiine employees will not be forced to accept extra work assignments which would make
them work more than 32 hours in a given week.
ARTICLE XII
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.
A. 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.
B. Overtime: All work performed outside the above normal 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 be paid
overtime for hours worked over 40 hours per week. Holiday, sick leave, vacation and floating
holiday time are counted toward the calculation of time worked.
C. Temvorarv Assignments: 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. 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.
D. Pay Days: Employees'payroll checks will be available at 8:00 am.on Friday following the end
of the pay period.
All employees hired after January 1, 2004, shall be on direct deposit.
E. Compensatorv Tirree: 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 shal l 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. On an annual basis an employee
may elect to receive compensatory time as paid time off or compensation. The employee's annual
election will remain in effect on a year-to-year basis unless the employee notifies the City of a
change when the annual election is conducted.
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.
F. Holidav Pav: Employees will be compensated for holiday leave according to the number of hours
that the employee would have worked based on their normal work schedule for that day. Any
surplus in the number of hours available for holiday leave(both established and floating holidays)
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will be applied to the vacation balance on the paycheck for the first pay period of the following
year.
G. Call-In: In the event employees are called for work after their normal work days and any
accepted or assigned extra work assignments have been completed they shall receive a minimum
payment of two (2) hours pay at the rate of time and one-hal£ The Employer may change the
employee's 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 forced 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, and
shall have their vacation day restored to be used at a later date.
H. Shift Differential. 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.
ARTICLE XIII
AUTHORIZED ABSENCE
A. Yacations: 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 - 80 hours
After 5 years of service- 120 hours
After 10 years of service - 160 hours
After 18 years of service -200 hours
After 25 years of service -224 hours
The vacation week shall be defined as 40 hours per employee. A vacation day shall consist of the
number of hours that the employee would have worked based on their normal work schedule for
that day.
Requests for full weeks of vacation take precedence over requests for single days of vacation.
Requests for a full week of vacation must be submitted at least fourteen(14)days prior to the start
date, with less notice being accepted if staffing needs can be met.
Employees may request to use vacation in half-day increments provided the supervisor approves
all requests in his/her discretion.
Subj ect 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 conflict3 the employee with the greatest seniority shall
be granted the first choice of vacation time(full week or single days)or floating holiday during
the annual selection process but after January 1,vacation selection will be on a first-come,first-
served basis.
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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 1 st, of his first year.
Bus Drivers may utilize all of their total vacation in single day increments and 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.
B. Siek 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.
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 forty(40)hours 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:
1. Report prior to the start of each work day to his department head or supervisor for his/her
absence.
2. Keep his/her department head informed of the condition if the absence is more than three(3)
working days.
3. 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.
4. Apply for such leave according to the procedure established by the Employer.
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
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opportunity to iinprove. 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
inade,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"ri�ht" 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.
If a full sick day is taken, the employee shall be required to use the number of hours that the employee
would have worked based on their normal work schedule for that day. In rare circumstances, a partial
sick day may be used,upon the consent of the supervisor,with the employee using only the number of
hours that were missed from his/her normal work schedule for that day.
C. Emergencv Leave: For the purposes of this paragraph, an emergency is an unplanned event,
other than illness, which, in the judgment of the employee's supervisor, would require an
employee to be removed from their position. The employee may use available vacation time or
floating holiday to cover for working tiine that may be lost due to an einergency. In the event that
there is an emergency and the employee does not have time available from vacation or floating
holiday,the employee must use leave without pay.
D. Funeral 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,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 the employee's normally scheduled work hours for those days. 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.
E. Holidav Leave: Holidays for the Transit Division are New Year's Day(January 1�, Memorial
Day(last Monday in May), Independence Day(July 4),Labor Day(first Monday in September),
Thanksgiving (fourth Thursday in November), Christmas Day (December 25) and six floating
holidays for a total of 12.If the established holiday falls on a Sunday the following Monday shall
be deemed a holiday.
All regular full-time einployees 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.
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F. Temporarv Militarv 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. lf leave is taken without pay, all benefits shall be maintained during such
leave of two weeks or less.
G. Leave of Absence �ithout Pav: Request for leave of absence without pay for documented
medical reasons will be granted for reasonable periods oftime 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.
H. Jurv Dutv: 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.
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
A. Medical Benerts 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,
2015. 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.
B. 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
14
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.
C. Health Insurance Emplovee Contributions:
1. Employee contributions with HRA:
Effective January 1,2015,employees will contribute up to 12%up to a maximum of$113.18
per month towards single; $212.26 per month towards dual,and$261.78 per month towards
family premium equivalents.
Effective January 1,2016,employees will contribute up to 12%up to a maximum of$122.24
per month towards sinale; $229.24 per month towards dual and$282.72 per month towards
family premium equivalents.
Effective January 1,2017,employees will contribute up to 12%up to a maximum of$132.02
per month towards single; $247.56 per month towards dual and$305.34 per month towards
family premium equivalents.
2. Employee contributions without HRA:
Effective January 1,2015,employees will contribute up to 15%up to a maximum of$141.48
per month towards single; $265.32 per month towards dual and$327.22 per month towards
the family premium equivalents.
Effective January 1,2016,employees will contribute up to 15°/a up to a maximum of$152.80
per month towards single; $286.54 per month towards dual and$353.40 per month towards
family premium equivalents.
Effective January 1,2017,employees will contribute up to 15%up to a maximum of$165.02
per month towards single; $309.46 per month towards dual and$381.68 per month towards
family premium equivalents.
Note: Health insurance premium contributions are actually made one month prior to the
effective dates shown.
D. 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 tl�e employee at his/her own expense.
15
E. 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 in the Transit Division shall be posted on the bulletin board of the Transit
Division 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:
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,
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.
16
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 department head. The parties may schedule
a meeting, at the department head's option, to discuss the grievance. If not resolved within
five (5) working days at this level, the department head shall note his/her response on the
grievance form and it shall be processed as outlined in Step 3.
Step 3. 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 4.
Step 4. If a satisfactory settlement is not reached within fiv,e(5)working days of completion of Step
3,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 tl�ree (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
17
compensating its own representatives and witnesses except that the grievant and four (4)
employees shall receive their regular rate ofpay 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,
terrnination) 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
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(1 st)day
of completion of their probationary period.
The Union and Wisconsin Counci140,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
18
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.
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
WISCONSIN RETIREMENT SYSTEM
The Employer shall pay the employee's mandatory contribution to the retirement fund,up to 6.5%of the
employee's gross wage.
Effective November l, 2012, an employee shall contribute 3°/a of his/her gross wages toward the
Wisconsin Retirement System (WRS).
Effective January 1,2013,the City and employee shall each contribute 50%of the actuarially required
contribution to WRS as determined by the Employee Trust Funds (ETF).
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ARTICLE XXV
MISCELLANEOUS ALLOWANCES
A. Meal Allowance: In the event an employee accepts or is forced to work an extension
of his/her route of three (3) hours or more beyond his/her regularly scheduled shift on
the same day, he/she shall receive a meal allowance of$5.00.
B. Tool Replacement: The Employer will provide a tool allowance of up to $400 annually
for replacement of tools broken (not lost tools) resulting from work performed by
mechanics in transit. 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 attained 20 and over years of employment shall receive$1,000 payable the
first pay period of the calendar year. Those employees reaching their l Oth, 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 of January 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 of January 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 of January 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 l Oth, 15th
and 20th year of service shall earn their longevity for that year on a prorated basis.
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ARTICLE XXVII
MAINTENANCE OF BENEFITS
The City will not change any benefit or condition of employinent, 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 �;XIX
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.
ARTICLE x;XX
WORi�R'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:
l. 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 Ab eement.
21
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 7�:XXI
CLOTHING ALLOWANCE
A. UNIFORMS
The City shall pay the full cost of required uniforms for transit operators, operator-mechanic,
mechanics, and shop laborer.-
B. SAFETY/FOOTWEAR ALLOWANCE.
Employees shall be reimbursed by the Employer for the cost of City-required footwear up to$50
per year or City-required safety-toed footwear up to $100 per year.
ARTICLE x:XXII
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.
22
ARTICLE �:XXIII
DURATION
This Agreement shall be effective on January 1,2015,and shall remain in full force and effect until and
including December 31,2017,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 i`I� day of
�� �, ����� , 2015,by:
CITY OF OSHKOSH OSHKOSH CITY EMPLOYEES UNION,LOCAL
�5�����- 796,AMERICAN FEDERATION OF STATE,
COU Y,AND MUNICI AL E OYEES.
M k A.Rohloff,City Manag r � `" �
� ; � �
_ � � � Local796, resident
� `
� � �L. � �C� r�_�,�%�}-���
Pamela R.Ubrig,City Clerk � �
Loca17 Se retary
I hereby certify that the necessary provisions have � �'� ��j �
been made to pay the liability which will accrue � '2�''�-� � �-�
under this contract. AFSCME,Re es ntat' e
�� ������4 ��'1^�:�r�
City Comptroller
Appr�oved: _
` ,,r_ �� '=�._7_L _
� ,
Lynn A.Lorenso ty Attorney
23
� APPENDIX A
OSHKOSH CITY EMPLOYEE UNION,TRANSIT DIVISION
LOCAL 796,AFSCME,AFLrCIO
Rates Effective on the first payperiod that includes January 1,2015(2°/a)
CLASS RNG FREQ SPAN A B C D E
Transit Operator 1 6 mo. 1 yr. Hr. 22.34 22.72 23.10
Transit Operator/Mechanic Biw. 1786.90 1817.59 1848.25
Transit Operator/Sign Mo. 3871.62 3938.11 4004.54
Shop Laborer 2 6 mo. 1 yr. Hr. 22.60 23.02 23.36
Biw. 1807.68 l 841.37 1869.07
Mo. 3916.64 3989.64 4049.65
Transit Mechanic 3 1 yr. 4 yr. Hr. 24.11 24.49 24.91 25.38 25.88
Biw. 1928.47 1959.15 1992.81 2030.43 2070.04
Mo. 4178.35 4244.83 4317.76 4399.27 4485.09
Lead Mechanio-Transit 4 1 yr. 4 yr. Hr. 24.49 24.91 25.38 25.88 2638
Biw. 1959.15 1992.81 2030.43 2070.00 2]]0.60
Mo. 4244.83 4317.76 4399.27 4485.00 4572.97
Rates Effective on the first payperiod that includes January 1,2016(2%)
CLASS RNG FREQ SPAN A B C D E
Transit Operator 1 6 mo. 1 yr. Hr. 22.78 23.17 23.57
Transit Operator/Mechanic Biw. 1822.64 1853.94 1885.22
Transit Operator/Sign Mo. 3949.05 4016.87 4084.64
Shop Laborer 2 6 mo. 1 yr. Hr. 23.05 23.48 23.83
B iw. 1843.83 1878.20 1906.45
Mo. 3994.97 4069.43 4130.64
Transit Mechanic 3 1 yr. 4 yr. Hr. 24.59 24.98 25.41 25.89 26.39
Biw. 1967.04 1998.33 2032.67 2071.04 2111.44
Mo. 4261.92 4329.72 4404.12 4487.25 4574.79
Lead Mechanio-Transit 4 1 yr. 4 yr. Hr. 24.98 25.41 25.89 26.39 26.91
Biw. 1998.33 2032.67 2071.04 2111.40 2152.81
Mo. 4329J2 4404.12 4487.25 4574.70 4664.42
24
Rates Effective on the first payperiod that includes January 1,2017(2%)
CLASS RNG FREQ SPAN A B C D E
Transit Operator 1 6 mo. 1 yr. Hr. 23.24 23.64 24.04
Transit Operator/Mechanic Biw. 1859.09 1891.02 1922.92
Transit Operator/Sign Mo. 4028.03 4097.21 416633
Shop Laborer 2 6 mo. 1 yr. Hr. 23.51 23.95 2431
Biw. 1880.71 1915.76 1944.58
Mo. 4074.87 4150.81 4213.26
Transit Mechanic 3 1 yr. 4 yr. Hr. 25.08 25.48 25.92 26.41 26.92
Biw. 2006.38 2038.30 207332 2112.46 2153.67
Mo. 4347.16 4416.32 4492.19 4577.00 4666.29
Lead Mechanic-Transit 4 1 yr. 4 yr. Hr. 25.48 25.92 26.41 26.92 27.45
Biw. 2038.30 207332 2112.46 2153.63 2195.87
Mo. 4416.32 4492.19 4577.00 4666.20 4757.72
25