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IN�'.L'IA2`II� B� : CI'�'�' X�1�'(II�TIS`.?'RATIn`:
�ti'I �`'�. , t.�:� city or Oshkosh ha5 �� n�yat�ati.ng °r,�ith zer�resentatives
of Ir�ca2 79u, the Transportation DiviS� on ch�layees ttnion; AFSC2'IE, AFL-CIO
covering the y�s 1973, 1979 ar�d 1980, s<�ject to reope�-:er pravision, and
WH��EAS, the conclusions o� �aid negcyiations have been reduced to
t'r.� ��t:�acY;_�d a�re��nt,
NOPT, ��'���, B�?'T' R�OLVL'D by �h� Cc,arr�n Cc�tmcil of the City of
O�h]cosh that tr:e pro�r city oificials are hereby authorized and directed
io en�ter inLO �the at�ack�� agreement ti•r t� t�e �cal 796, the Tran�rtation
Division ���Ioye�s li:�i:1,�, �'�,FSC'�i�, �1F'IrC?"0 ^,�vering tra years 1978, 1979
a�d 1980, s�ject to -t��?e r���ner prov � sic:i5.
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LABOR AGRE�MENT
CITY OF OSHKOSH
AND
OSHKOSH CITY EMPLOYEES UNION
TRANSIT DIVISION
LOCAL 79�a AFSCME, AFL—CIO
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TNBLE OF CONTENTS
Management Rights . . . . . . . . . . . . . . . . .
Recognition and Unit of Representation ....,.
Rules and Regulations . . . . . . . . . . . . . . .
Negotiations . . . . . . . . . . . . . . . . . .
Conduct of Bus i ness . . . . . . . . . . . . . . . .
Probationary and Employment Status . . . . . . . .
Sen i or i ty . . . . . . . . . . . . . . . . . . . . .
Suspension-Demotion-Discharge. . . . . . . . . . .
Suspensi on . . . . . . . . . . . . . . . . . . . .
Demot i on . . . . . . . . . . . . . . . . . . . . . ,
Dismissal . . . . . . . . . . . . . . . . . . . . . ,
Safety and Sanitation . . . . . . . . . . . . . . . .
Normal Work Week/Work Day/Work Schedule. ....,.
Pay Po 1 i cy . . . . . . . . . . . . . . . . . . . . .
Promotions and Demotions . . . . . . . . . . . . . ,
Overtime . . . . . . . . . . . . . . . . . . . . . .
PayDays . . . . . . . . . . . . . . . . . . . . . .
Compensatory Time . . . . . . . . . . . . . . . . . .
Employees' Right to Pay for Special Services ...,
Emp]oyees' Right to Vacations . . . . . . . , . . .
Authorized Absences . . . . . . . . . . . . . . . . .
Vacations . . . . . . . . . . . . . . . . . . . . . .
S i ck Leave . . . . . . . . . . . . . . . . . . . . .
Ho 1 i day Leave . . . . . . . . . . . . . . . . . . . .
Temporary Military Leave . . . . . . . . . . . . . .
Leave of Absence Without Pay . . . . . . . . . . . .
JuryDuty . . . . . . . . . . . . . . . . . . . . . .
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Unauthorized Absence . . . . . . . . . . . . . . .
1 nsurance . . . . . . . . . . . . . . . . . . . . . ,
Hospitalization and Medical Benefits . . . . . . . .
Li fe I nsurance . . . . . . . . . . . . . . . . . . .
Termination of Emp]oyment. . . . . . . . , . . . ,
New Jobs--Vacancies . . . . . . . . . . . . . . . . ,
Grievance Procedure . . . . . . . . . . . . . . . . .
Ques Deduct i ons . . . . . . . . . . . . . . . . . . .
Waiver of Rights . . . . . . . . . . . . . . . . . .
Union Bulletin Board . . . . . . . . . . . . . . . .
Reopener . . . . . . . . . . . . . . . . . . . . . .
Ret i rement Fund . . . . . . . . . . . . . . . . . .
Longev i ty P 1 an . . . . . . . . . . . . . . . . . .
13CAgreement . . . . . . . . . . . . . . . . . . . .
Strikes and Lockouts . . . . . . . . . . . . . . . .
Workers Compensation . . . . . . . . . . . . . , .
Wages. . . . . . . . . . . . . . . . . . . . . . .
D;� ra t i on . . . . . . . . . . . . . . . . . . . . . .
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A G R E E M E N T
THiS AGREEMENT IS entered into to be effective on January l, 1978, by and
between the City of Oshkosh, Wisconsin, party of the first part hereinafter
referred to as the "Empioyer", and the Oshkosh City Employees Union, Trans-
portation Division, Local 796, AFSCME, AFL-CIO and affiiliated with the Wisconsin
Council of County and Municipal Employees, party of the second party of the
second part hereinafter referred to as the 'Union";
The Union agrees that its members who are employees of the City will, indi-
vidually and collec,tivety, perform loyaT, courteous and efficient work and
service; that they wil] use their influence and best efforts to protect the
property of the City and its interest and they will cooperate with the City and
employees of their own and other groups or departments in promoting and advancing
the welfare of the City and the service at a]1 times.
WHEREAS, IN ORDER TO tNCREASE GENERAL EFFICIENCY, TO MAlNTAIN 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 po]icies to insure a proper
and ethical conduct of bus+ness and relations between the Employer and the Union
and to th�t end have reached this ayreement:
Now, therefore, the parties hereto, each in consideration of the agreements
herein contained of the other, hereby agree as fol)ows:
ARTICLE I
MANAGEMENT RIGHTS
Except to the extent expressly abridged by a specific provision of this agreement,
the City reserves and retains, solely and exctusively, all of its Cammon Law,
statutory, and inherent rights to manage its awn affairs, as such rights existed
prior to the execution of this or any other previous Agreement with the Union.
ARTICLE II
RECOGNITION AND UNIT OF REPRESENTATlON
The Emptoyer recognizes the Union as the exclusive collective bargaining repre-
sentative for the purposes of conferences and negotiations with the Employer or
its lawfully recognized representatives, on questions of wages, hours and con-
ditions of employment, for the Unit of representation, consisting of the Transit
Authority employees in the classification of Transit Mechanic, Transit Operator,
Transit Operator/Mechanic, and Serviceman. Transit Manager, Supervisor of
Transportation, Supervisor of Maintenance, Secretary II, and part-time transit
operators shall be excluded as well as any persnns hired under Federal or State
Manpower Programs.
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 aga�nst shall reinstate and/or make
restitution to such employee, if through the procedures contained in this agree-
ment, he is found unjustiy d'+scharged or discriminated against,
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ARTiCLE lll
RULES AND REGULATIONS
The Employer shall adopt and publish rules which may be amended from time to
time, provided, however, that such rules and regu]ations shall be first sub-
mitted to the Union for its information, prior to the effective date,
The rules shall become effective on the day fol]owing the
of submission to the Union. In the event of dispute as to
ulations, the dispute shall be referrred to the grievance
ment and shall be initated at the level of their origin.
the signature of the Personnel Director.
ARTICLE IV
NEG071AT10NS
fifteenth (15th) day
such rules or reg-
procedure for settle-
All rules shall bear
Negotiations on all matters covered by this Agreement or on other proposals
respect to wages, hours and/or conditions of employment shall be conducted
annually and any agreement reached in negotiations shall become effective on
next following January lst.
with
the
Negotiations shatl proceed in the following manner: the party requesting
negotiations shall notify the other party in writing of its req�est not earlier
than the lst of May. An initial meeting of the parties shall be called within
thirty (30� days of the notice of such request, but not earlier than the lst day
of June. The party upon whom such request is made shall have the opportunity to
study such request and make an offer or counter-offer to the other party within
fifteen (15) days thereafter. Negotiations shal] continue until resolved or
until it is clear that no agreement can be reached.
The Emp2oyer agrees that time spent in the conduct of grievances and in nego-
tiations shall not be deducted from the wages of any delegated employee repre-
sentatives 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
bulletins.
Business agents or representatives of the Union having business with the officers
or individual members of the Union may confer with such officers or members
during the course of the work day for a reasonable time, provided that per-
mission 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 STA7US
All newly hired employees shall be on probation for a period of 6 months from
the date of their employment, during the 6 months such newly hired employee may
be disciplined or discharged without recourse to the grievance procedure here-
inafter provided.
Continued employment beyond the probationary period above noted is hereby
defined as evidence of satisfactory completion of probation unless his proba-
tionary period is extended, by mutual agreement, to give the employee further
training in the effort to make him a satisfactory employee.
The Gity agrees to furnis� each new, ful]-time employee, upon completion of his
probationary period, with a complete uniform consisting of a cap� a jacket and
one-half of the cost of trousers. The uniform will be of a type and of material
selected by the City. The City agrees to purchase replacement caps and jackets
and one-half of the cost of trousers whenever it finds that, in its opinion, a
garment is no longer fit to be worn in revenue service. All items purchased by
the City will remain the property ofi the City. The Union agrees that each of
its members entitled to uniforms will purchase replacement trousers at one-half
the cost whenever the City finds that, in its opinion, an individua]s trousers
are no longer fit to be worn when on duty. The Union agrees that its members
wi?1 wear these uniforms purchased and will keep themselves and their uniforms
in a clean, r�spectable and presentable condition at all times while on duty.
ARTICLE V!f
SENtORITY
The employer agrees to the seniority principle.
Seniority shail be established for each employee and shall consist of the total
calendar time elapsed since the last date ofi continuous employment with the
Transit Company. Ser�iority rights terminate upon discharge or quitting. A
seniority list shail be posted listing the seniority of the employees.
City-wid� seniority shall be estab)+shed on January l, 1978 or the date of hire
with the Transit Authority, whichever is later.
In the event of lack of work or lack of funds, employees shall be laid--off in
inverse order to the length of service and the last employee laid-off shall be
the first to be called back from such ]ay-off,
Permanent employees shal] not be subject to layoff until all temporary and
probationary employees in the section involved are first laid-off,
If a lay-off under consideration is to be reduction-in-force lay-off� the
Employer shal] give the Union 60 days notice on permanent full time positions,
Employees may be temporarily transferred from one section to another without
loss af seniori-ty or other rights in their section of origin,
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Employees on lay-off status shall be given 24 hours notice of recall for tem�
porary employement 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 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.
ARTICLE VIII
SUSPENSION-DEMOTlON-DISCNARGE
SUSPENSION: Suspension is defined as the temporary removal without pay of an
employee from his designated position.
a. Suspension for cause: The employer may for disciplinary reasons
suspend an employee at any time. Any employee who is suspended,
except probationary and temporary employees, sha]1 be given a written
notice of the reason for the action and a copy of such notice shall be
made part of the employee's personnel history record and a copy shall
be sent to the union, no suspension for cause shall exceed 30 calendar
days.
b. Suspension during an investigation: During investigation, hearing, or
trial of an employee on any civil or criminal charge when suspension
would be in the interest of the City, an employee may be suspended by
the employer for the duration of the proceedings. The suspension
shall terminate within ten days after completion of the case for which
he was suspended, by reinstatement or by other appropriate act+on, by
resignation or dismissal of the employee. if the employee is sus-
pended and then exonerated af a]1 blame, he will be reimbursed in full
for all loss pay after the suspension and for purposes of employee
benefits and seniority, the suspension wil] be considered not to have
taken plac:e.
DEMOTION: Demotior� is defined as the movement of an employee to a lower pay
range.
a. De��otion for cause: An employee may be demoted by the employer for
just cause in the interest of good discipline, or fior the good of the
service. An employee who is demoted shall be given a written notice
of the reasons of the action at the time of demotion and a copy shall
be made a part of the employee's personnel history record, and a copy
sent to the union.
b. Voluntary demotions: An employee may request or accept voluntary
demotion when the position he occupies is allocated to a]ower class
or when assignment to ]ess difficult or responsible work would be to
his advantage and in the interest of the service. The employee shall
continue to receive his former rate of pay until the end of the current
pay period.
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DISMISSAL: No �mployee shall be discharged except fo� cause. An emptoyee who
is dism'rssed, except probationary and temporary emptoyees, shall be given a
written notice of the reasans for the action and a copy of the notice shall be
made a part of the employees personal history record, and a copy sent to the
Union. An employee who has been discharged may use the grievance procedure by
giving wrttten notice to his steward and his department head within five working
days after dismissal. Such appeal will go directly to the apprepriate step of
the grievance procedure.
Usuat Disciplinary Procedure: The progression of disclplinary action shall
be orai reprimand, written reprimand, suspension, demotlon 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 addittonal infractions
occur. In the event additional infractions occur that violation and the
original violation are in effect for three (3) years from the date of the
second warning.
ARTICLE IX
SAFETY AND SANITATION
It is agreed that each employee shall be responsible for the cleanliness and
proper care of the equipment and tools used by him, and it is further agreed
that al� employees shait comply with� the employer's �afety rules and reguia-
tions. The employer agrees to negotiate the cost of any required safety clothing
and equipment.
There sha11 be an employer-employee safety committee whose purpose shall be to
develop and maintain a safety program for the Public Works Department, Parks,
and Transportation bepartments.
ARTICLE X
NORMAL WORK WEEK, NORMAL WORK DAY, ANQ NORMAL WORK SCHEDULE
TRANSPORTATION DIVtSION: Transit operators normal work day shall be 8.3 hours
on school days and .3 hours on non-school days. Maintenance employees normal
work day shall be 8.3 hours on weekdays and 6.3 hours on Saturdays. The normal
work week shall be Monday through Saturday. Extra work opportunities will be
offered to bus operatars on a"rotating" seniority basis. Selection of the runs
shall be made semi-annually �nless requested in writing by not less than seventy
percent (70�) of the total emptoyees affected. Each driver shall make his
"selection" in the order of his division seniority. This is intended to provide
a basis for establishing normal work schedules and shall not be construed as a
guarantee of hours.
In the event it is necessary to change e�ployees from one regutar schedule of
days and/or hours to another schedule of days and/or hours the employees shall
be given at leas� 24 hours notice of change. 4Jork performed on a revised
schedule during the 24 hour notice period shall be compensated at 1� times the
normal rate of pay whether or not total working hours for the week are in excess
of 40 hours, except for emergencies related to slckness, accident, emergency
leave, etc.
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ARTICLE XI
PAY POLICY
Employees shall be compensated within the pay ranges set forth in the class-
ification 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 employer's facilities, The unions shall
be notified in advance of any change to be made in the table of organization.
PROMOTIONS AND DEMOTIONS: Whenever an employee is promoted to a higher paying
position, such employee shall move to the step in the new range which will
provide a wage increase. Whenever an employee is demoted to a lower paying
position, such employee shall go to the step in the new range which provides the
same wage or least amount of wage reduction.
OVERTIME: All work over 40 hours per week or 8 hours per day sha]1 be compen-
sated for at the rate of time and one-half (1�) the employees regular rate of
pay. The principa] of seniority may apply on a rotating basis, within a division
and the specific classification required to perform overtime work,
PAY DAYS: Hourly employees payroll checks will be available at 8:�0 a.m. and
salaried employees pav�ol� checks by 1:0� p.m. on Thursday fol]owing the end of
the pay period.
COMPENSATORY TIME: All rr�nthly salaried employees may receive compensatory time
off at the rate of time and one-ha]f (l2} in lieu of cash payments for overtime.
All compensatory time shall be earned on the same basis as overtime. It shall
be recorded and may �e used during the year upon request of the employee, with
apprava? of the department head.
Any compensatory time not used by Janvary 1 of the fol)owing year shall be paid
in cash at the rat� aT time and one-hatf (7z} �¢ the rate in effect at the time
earned by separate paycheck in February of the fol)owing year, Employees shall
have the option of notifying the Employer of their intent to use compensatory
time after January ] in which case payment for- any time off not taken by April 1
shal� be paid in cash +n April by separate check of the rate in effect at the
time earned.
Overtime during Holiday Week: Overtime during a holiday week shall be paid
at the rate of time and one half (72� after thirty-two (32) hours actually
worked for those employees on a forty (40) hour work week. Employees
working a schedule of more than forty (40) hours (12) on the following
basis; regular work week minus holiday pay and al] excess hours worked
shall be at the rate of time and one ha]f (12).
ARTICLE X11
EMPLOYEES' R1GHT TO PAY FOR SPECIAL SERVICES
The City agrees that for all emergency or special work not performed as a
continuance of or prior to a regular days work that is assigned to a man, he
will receive two (2� hours minimwm pay at time and one-half, regardless of the
time necessary to complete su4h work.
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ARTICLE XI11
EMPLOYEES' RIGHT TO VACA710N
A. Each full-time employee covered by this agreement, who shall have been
continuously employed by the City of Oshkosh and/or City Transit Lines, for
twelve (12) months, exclusive of probationary period, durin the period
from Januar lst of one year to the last d� of December of the following
year - hereinafter termed the "Vacation Year" shall be entitted to a"full
vaCation" consisting of two calendar weeks, except those employees with
over 10 years service shall receive an additional six (6) vacation days,
and employees with over 15 years of service shall receive an additional
nine (g) vacation days, and employees with over 20 years of service shall
receive an additional twelve (12) days, effective with vacation taken
during the life of this contract.
B. Each full-time employee covered by Lhis agreement who shall have been
employed for less than twelve (12) months, exclusive of probationary
period, during the termed "vacation year," shall receive one "vacation day"
with pay for each month� of continuous employment.
C. For the purpose of determining the number of "vacation weeks" or "vacation
days" to which an employee may be entitled hereunder, a month of employment
is defined as any calendar montl� in which an employee has been continuously
employed by the City for at ieast twenty (20) days of that month.
D. The rate of pay for "vacation" shall be that rate which is in effect at the
time the vacation is taken.
E. F� vacation day shall be considered eight (8) hours.
F. Choice of vacatton periods taken by the employees shall be determined, as
near as possible, on the basis of seniority; the oldest employee in the
service of the City to have first selection as to the period of time,
between March lst and December 1st of each year after the termination of
the "vacation year," provided that the City shall have the right to deter-
mine the number of employees on vacation at any glven time. All vacation
time credited to an employee must, in each year, be taken in a continous
period, beginning on a Monday. No vacation time shall acCUmulate from year
to year, it being the intention of the parties hereto that any employee
shail take his vacation at his appointed time. If it is not taken at the
appointed time, by terms of this agreement, it shall be speciftcally
forfeited, except in the event of illness.
G. Any employee who leaves the servlce of the City voluntarily, or who is
discharged, �hail be entitl�d to vacation pay for any vacation still due
him for his services during the twelve months preceding the January lst,
preceding the date of his clischarge or resignation, but shall not be
entitled to any vacation time or pay for services rendered during any part
of the fiwelve months between January tst preceding and the December 31st
following the date nf his discharge or resignation.
H. This artt�le shall be in effect during ealendar year 1978 only. Effective
January 1, 1979, Article XIII (A) shall apply.
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ARTICLE XIit�AZ
AUTHORIZED ABSENCE
Vacations: All regular employees shall be entitled to vacation leave with pay
at their ctassifiication rate of pay, during the calendar year following their
ar�niversary date af employrnent based upon the following schedule, with days
applying to the 6-day employees and weeks apptying to the 5-day e�ployees:
After ] year of service - l2 days
After 8 years o� service - l8 days
After l5 years of service - 24 days
After 20 years of service - 30 days
(2 weeks) vacation leave
(3 weeks) vacation leave
(� weeksl vacation leave
(5 weeks� vacation leave
Those employees completing their seventh (7th) year of service shall earn their
third (3rd) week of vacation on a pro-rated basis. 7hose emptoyees completing
their fourteenth (]4th) year of service shall earn their additional vacation on
a pro-rated basis and those employees comp]eting their nineteenth (19th) year of
service shall earn their additional vacation on a pro-rated basis, A vacation
day shall be considered eight (8� hours.
Sub�ect to the staffing reguirement of the employer, the employee shall be given
his choice of the time of vacatinn except that if there is a conflict the employee
with the greatest seniority shall be granted the first choice of vacation time
or floating holiday.
When a holic�ay falls in a vacation week, the emp]oyee shal] receive an additional
day of vacation or at the option of the employer, an additional day's pay. All
new employees shal] receive pro-rated vacation as of January lst, of his first
year.
On separation empioyees shall be paid a]] vacation due in proportion to the time
w�rked. In the event of separation prior ta comp7etion of probation and/or com-
p;etion ofi one (l) year of service, no terminal vacation shalt be paid,
Sick Leave: Al1 employees shall be entitled to sick leave credits on the following
basis:
All regular fuli ticne, probationary and seasona] employees on the payroll
1-1-78 _.hall be credited with 24 sick days effective 1-7-78. This shall be
an advance of sick leave for the year 1978 and 1979• No additional sick leave
shal) accrue for those employees unti] 1-3-80. New employees 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 con-
sidered 5ervice.
Unused sick leave credits shall accumulate to a maximum of one hundred as�d
thirty-two �132� work days. Employees qualified to receive sick leave compensa-
tion 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 use sick leave w+th pay for absence necessitated by injury or
iilness, or exposure ta cnntag+ous dis�:ase when confirmed by a physician, in
order to qualify for a sick leave payment, an employee must:
a. Report prior ta the start af each wark day to his department head or
supervisor for his absence.
:
b. Keep his department head informed of the condition if the absence is
more than three (3�_ working days.
c. Submit a doctor's certificate for such absence if in excess of three
(3� working days. The certificate must state the kind and nature of
sickness or injury and whether the employee has been incapacitated for
said period of absence.
d. Apply for such leave according to the procedure established by the
employer.
Employees suspected of abusing sick leave privileges, may be required to submit
a medical certificate to substantiate each absence, of claimed illness, regard-
less of duration. This requirement will not be invoked without first advising
the employee of his questionable sick ]eave record and giving him an opportunity
to improve. If there is no improvement, the employee wil] be advised, in writing,
that all future requests for sick leave must be supported by a medical certificate.
This requirement will be periodica]]y reviewed with the employee, at least once
each ninety (90� days, and determination will be made if this requirement is to
continue.
Sick leave should be regarded by al] supervisors and employees as valuable, free
health and welfare insurance which, in the best interest of all employees,
should not be used unless really need�d. Sick leave is not a"right", like
vacation; it is a privilege to be used carefully.
Unused accumulated sick leave shall be paid to emp]oyees who die in service or
retire at age 62 or older at one-half the emp]oyees rate in effect at the time
he reaches age 62 or dies.
All employees covered by this agreement, upon retiring under the Wisconsin
Retirement Fund Plan, shall have the option to select the payment of their
unused accumulated sick leave in cash, or to have said money placed in a fund by
the City from which the employee's premium for his Hospital and Surgical Insur-
ance will be paid. In the event that the employee should expire before said
fund has exhausted, said monies shall continue to be used for the payment of the
same insurance plan of his survivors, who are covered under this family plan.
If there be no survivors, such remaining fund shall be forfeited, Once the
initial option has been made by the employee to set up such fund for the payment
of insurance premiums, no change shall be made thereafter.
Holiday Leave: Al] regular full°time, seasonal and probationary employees shall
receive eight ho�rs pay for each of the fol]owing holidays not worked: New
Year's Day, Memorial Day, independence Day, Labor Day, Thanksgiving Day, Christ-
mas Day and two (2) floating holidays which shall be earned at the rate of 2/10
day for each month worked but not to exceed two (2� days. An additional ftoating
holiday shall be granted effective 1-1-79. Employees who are required towork on
an established holiday shali receive double (2� their regular rate of pay for
all hours worked in addition to the holiday pay.
As � condition for payment of holiday pay, every employee shall report for work
on the scheduled wark day before and after the defined holiday unless such
employee is on authorized leave of ahsence or in cases of proven illness reported
to the division or department head prior to the start of the day.
Temporary Military Leave: Employees who are members of the National Guard or
Military Reserve shall be granted temporary military leave for annual tours of
duty without pay or vacation time may be applied.
�
Leave of Absence Witho�t Pay; Request for leave of absence without pay for
justifiable reasons will be granted for reasonable periods of time by the
department head or division head except that nv employee shall be granted a
leave of absencs in order to seek other employment. Any such leave of four (4)
or more day duration must be approved by the Department Head on a personnel
form, Change of Status, a copy of which shall be given to the employee and
personnel director.
Leave to attend convention conferences, or special association meetings shall be
considered one form of leave within the meaning of this section, Such leave may
comprise up to 30 calendar days for any emp]oyee who has been designated by this
organization, provided such leave doesn't seriously hamper department operation.
Jury Duty: Non-probationary employees selected for jury duty during scheduled
working hours shall endorse the check for such duty and return it to the City.
The employee shalt continue to receive his full pay for time ]ost while service.
No overtime or compensatory time wil] be allowed for jury duty,
ARTICLE X1V
UNAUTHORIZED ABSENCE
No employee may absent himself from duty during regular working hours without
the permission of the employer. Any employee absenting himse]f without the
permiss�on of the division or departnent head may be subject to disciplinary
action.
ARTICLE XV
lNSURANCE
Hospitalization and Medical Benefits: The employer shall pay 100i of the single
premium of the employees gro�p policy in 1978, single plus 50% of the difference
between the single and family premiLm in ]�79, and fu]] family benefits as
allowed in Local 796 contract in 1980.
Life Insurance: The employer shall pay its mandatory share of the cost of the
group life insurance plus 100i of the employees share.
ARTICLE XVI
TERMlNATlON OF EMPLOYMENT
The emplayer shatl pay all monies due emp]oyees upon the termination of employ-
ment and shalt 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 XVII
NEW JOBS--VACANCIES
A vacancy shalj 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 shall be present during interviews with employees seeking promotions.
�70-
All non-supervisory vacancies shall be posted on the bul]etin board of the
Public Works, Transit, and Parks Department and s�ch notice sha]1 be posted (5�
five working days before the vacancy is filled. Employees wanting such posted
jobs shall sign the posted notice. The employee shall be selected on the basis
of seniority, w�rk record and qualifications. 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 demon-
strate his 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 ar should �e desire to return to his former
job, he shall be reassigned to his former job without loss of seniority,
ARTICLE XVII1
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.
All grievances which may arise shall be processed in the following manner:
Step l. The aggrieved employee shall present the grievance orally to his
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. !f it is not resolved at this level
within five �5) work days, the grievance shall be processed as out-
lined in Step 2.
Step 2. The grievance shatl be presented in writing to the division head, and
a copy sent to the personnel office. The division head may consult
with the department head and if not resolved within five (5) Working
days at this level, the division head shal] note his statement on the
grievance form and it shall be processed as outlined in Step 3.
Step 3• The grievance shall be presented in writing to the department head and
ifi no� resolved within five (5) working days at this level, the depart-
ment head shall note his statement on the grievance form and it shall
be processed as outlined in Step 4.
Step 4. 7he grievance shall be �resented by letter to the City Manager. If it
is not resolved at this level within ten (10) days, the City Manager
shall n�te his statement on the grievance form and it shatl be presented
to the praper channels for processing as outlined in Step 5.
Step 5• If a satisfactory settlement is not reached within five (5) working
days of completion of Step Four (4}, the grievance shall be submitted
to Arbitration, by notifying ihe City Personnel Manager of its intent.
The Union and the Employer shalt endeavor to select an impartial
arbitrator by mutual agreement. If the parties are unable to agree
upon an arbitrator, they shall each appoint a member of the Arbitration
Panel, and they shall each attempt to select an arbitrator, to serve
as Chairman of the Arbitration Panet. In the event that they are
unable to select the Chairman of the Arbitration Panel, they shall
-1 l -
notify the Wisconsin Employment Relations Commission of their desire
to appoint an Arbitrator from th�ir staff to act as Chairman of said
panel. The decision of the Arbitrator shall be "final and binding" to
both parties, however, he shall have no right to amend, modify,
ignore, add to or delete the provisions of this Agreement, The
decision of the Ar-bitrator shall be based so]ely upon his interpre-
tation of the express language of the Agreernent. Expenses for the
Arbitrators services and proceedings shall be borne equally by the
Employer for compensating its own representatives and witnesses,
except that the grievant and four emp]oyees shall receive their
regular rate of pay for any scheduled time lost.
All grievances and solution shall be put in writing and presented to the personnel
office.
Pay owed an employee dating from a disciplinary action involving pay (e.g,
suspension, demotion, termination� shall be reinstated from the date of such
disciplinary action if such action is not sustained through processing of a
grievance.
General: Any employee may process his 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 of the presence of a steward when his work
performance or conduct or other matter affecting his status as an employee are
su��ect of discussion for the record.
i�he Unior shall determine the composition of the Grievance Committee of the
Union.
AR7ICLE XIX
DUES DEDUCiIONS
The Union, as the exclusive representative of all the employees in the bar�
gaining unit, wiil represent a]] such emp7oyees, 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 consistant with the
union constitution and by-laws. No employee sha]] be denied union membership
because of race, creed, co]or or sex.
The employer agrees that effective l April 1978, it will deduct from the
monthly earnings of all employees in the collective bargaining unit the amount
of $9.00 per month, such amount being 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 ta be ded�cted shal] be certified by the Union 30
days before the effective date of the change.
-] 2-
As to new employees, such deduc�ion shal] be made from the first paycheck
following the first (1� day of completion of their prohationary period.
ARTICLE XX
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 conf)ict with the
statues of the State of Wisconsin governing municipalities or other statutes
such clause or portion of the Agreement shall be declared invalid and negotia-
tions shall be instituted to adjust the invalidated c]ause or portion thereof.
ARTICLE XXI
UNION BULLE7IN BOARD
The Union is hereby granted permission to post notices, annoLncements, and other
legitimate material on the bul]etin board of the premises.
ARTICLE XX11
REOPENER
Du:in� �he course of the contract year any articl� of this agreement may be
opene� for negotiations by mutual cansent of both parties to this agreement;
negot�ations under this Article shall be restricted to that article stated in
the reqG:est �For d i scuss i on .
ARTICLE XX111
RETIREMENT FUND
The employer shall pay to the retirement fund the designated employer's share
and the employee shall pay the designated employee's share. Effective �-�-79,
the employer shall pay the employees share up to a maximum of five percent
(5i) of the ernpioyees gross uaages.
ARTICLE XXIU
LONGEVITY PLAN
The following lonyevity plan is to be put into effect January l, ]980:
$ 2•77 bi-weekly after 5 years of service.
$ 5•54 bi-weekly after l0 years of service.
$ g•23 bi-weekly after l5 years of service.
$]2.92 bi-weekiy after 20 years of service.
ARTICLE XXV
l3C AGREEMENT
The parties hereto recognize that they have heretofore entered into a l3C Agree-
ment as required by the U.S. Department of Labor and that said agreement will
remain in force together with the provisions of this contract.
-�3�
ARTICLE XXVI
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 inter-
ference with the affairs of the City of Oshkosh during the term of this Agree-
ment, 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 diciplinary action� including
discharge.
ARTICLE XXUII
WORKERS COMPENSATION
The following policy, regarding the contribution and/or accumu]ation of fringe
benefits will apply to employees of the City of Oshkosh during such period of
time the employee is receiving Workman's Compensation whi]e on temporary dis-
ability:
l.
2.
Seniority shall continue to accrue.
Longevity shall continue to accrue.
3. The Employer shall continue to pay that portion of the Hospital and
Surgical Ins��rance premium, as provided for all similarily situated
employees in the coilective bargaining agreement,
4. The Employer shall continue to pay that portion of the Life Insurance
premium as provided for all similarily situated employees in the
collective bargaining agreement.
5e The employee may use sick leave in equal proportion to the difference
between his regular wages and the amount of Workman's Compensation
(currently one-third (.]/3) day sick leave per day) at tF�e employee's
option.
6. The employee may choose holiday pay and/or vacation for which he is
�ligible under the collective bargaining agreement in lieu of Work-
man's Compensation at any time during the period of his disability.
7. In cases of extended disability, vacation, holiday and sick leave
benefits wil] continue to accrue during the first six (6) consecutive
months of disabi]ity or until such time as the employee's only income
from the City of Oshkosh is Workman's Compensation; whichever is longer.
8. The employee shall notify the Director of Personnel of his intent to
use vacation, holiday, and/or sick leave benefits in lieu of Workman's
Compensation.
-14-
�
9. The Director of Personnel shall notify the employee when all vacation,
holiday and sick leave benefits have been exhausted during the period
of disabiliiy.
ARTlCLE XXU11t
RATE OF PAY
The rate of pay for employees covered by this agreement shall be as foltows:
l. Four dollars and seventy-two ($4.72) per hour, to all full-time
employees who have been with the Company less than six (b) months.
2. Four dollars and eighty-seven �$4.87) per hour, to all full-time
employees who have been with the Company over six (6) months but less
than one (�� year.
3. Five dollars and two cents ($5.02) per hour, to all fulltime emptoyees
who have been with the Company over one (l� year but less than (l�)
yea rs .
Five dollars and twelve cents ($5.�2� per hour, to all full�time
employees who have been with the Gompany over one and one half (1�)
ye� rs .
�+. Wages shall be open for negotiations for catendar year 1979 and 1980.
lt is the intent of the parties that this agreement be fiolded into
the master 796 agreement effective 1-1-80.
-�5-
ARTICLE XX1X
DURATION
This agreement shall be effective on January l� 1978 and shall remain in
full force and effect until and including December 3�, �980, and shall be
reopened for wage negotiations only as indicated herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
llth day of Ma
CITY OF OSHKOSH
�-� i�-� .�C.���l`
C1TY MANAGER
A7TEST:
� -1
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�` �G� ��iZ� ` L�' ; ., ��'
C �T1' C�ERK �
t hereby certify ttt�t the necessa
h�Ve �e�n maQe to PaY the liab;liy P�O�sions
accrue under this contract. Ty w��ch will
--•---�G�.� �
_�!��-��.
Ci � Comptrolter . ; _ =
� 9 7 s by ;
OSHKOSH CITY EMPLOYEES UNION
TRANSIT DIVISION� LOCAL 796,
AFSCME , AFL -C 1 D
—r-,R A - - —.r,�,�� t _.r ��
LOCAL 796, PRESIDENT
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c. � � � : _ .�
LOCAL 796, SECRETARY
i
� / � �LL�
AFSCME, REPRES NTATIVE
. �.
� _
MEP4C�RANDUM OF UNDERSTANDING
To resolve the labor agreement between the City of
Oshkosh and the Oshkosh Transit Employees Union Local 796,
AFSCME, AFL-CIO, the parties agree to exclude State and/or
Federal Manpower Program employees from coverage under
this Collective Bargaining Agreement until January l, 1979.
In the event of a dispute over the legality of this
memorandum, the Employer agrees to save the Union harmless
of any liability resulting from such dispute to the extent
such liability results solely from the exclusion of such
employees from coverage under this labor agreement.
LOCAL 796 AFSCME
By ��� .� � - - ��T
CI �'Y. OF OSHKOSH
By:
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