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HomeMy WebLinkAbout28621 / 77-25� January 6, 1977 # ?S �2ESOLUTION PURPOSE: 1977 and 1978 LABOR AGRFErdENT WITH CITY HALL FMPLOYEES I�TITT�TFil RV ; pF.i?�;C��1D1�'L DET'�RmArtF'�nTT WHEREAS, tYze City of Oshkosh has been negotiating �aith repre- sentatives of the Oshkash City Emplo�ees Association, and Gv'HJP,YAS, the conclusians of said negotiations have been reduced to the attached agreement, NO:V, THEREFORE, BE IT FESOLVED by the Common Coun.cil of the City of Oshkosh that the proper Cityo ufficial.s are hereby authorized and directed to enter into the at�ached agreement with the Oshkosh City Emp3_oye�s Association for the 1977 and 1978 calei�dar years. --25�, SU��.7i"���) L� � 1 � .ti . d _ �,� -l• L \ � i . .. � '�� e�a. � �..e....� ,�..�.,•...�.,..>.._..,...�..-`...._...�.......__ - ..... .�. -���i �` ! / �a� .. CONTRACT OSHKOSH CITY EMPLOYEES ASSOCIATION AND CITY OF OSHKOSH 1977-1978 � /f F � INDEX /�Q� A�TTCLE PAGE . � . I :�anagement Rights . . . . . . . . . . . . . . . : . . . . . . . . . 1 II Pay Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . , 1 ZII Rules and Regulations. . . e . . . . . .. . . . . . . . . . . . . . 2 IV Probationary Period & Employment Status. . . � . . . . . . . . . 2 V Termination of Em�loyment . . . . . . . . . . . . . . . . . . . . . 2 VIWork Hours . . e . . . . . . . ' . s . . . . . . . . . . . . . . . . 3 �'II Hospitalization & Life Tnsurance . . . . . . . . . . e . . . . . a 3 VIII Holidays . . . . . . . . . . . . . . . . . . m . . . . . . o . . 4 XIRetirement Fund. o . . . . . . . . . . . . . . . . . . . . . . . . 4 XSick Leave . . . . . . . � . . . . . . . . e . . . . . . . . . . . 4 XICompensatery Time. . . . . . . . . . . . . . . . . . . . . . . . 5 - hIILongevity. . . . . . . . . . . e . . . . . . . . . . . . . . . . . 5 � XIII Rest Periou . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6 �IV Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 XVEmergency Leave. . . . . . . . . . . . . . - . - . . . . -. . -. . . -. 6 h'VI . Leave Without Pay. . . . . . . . -. . . . . . . . - • --. _. . . -. . . 7 _ XG'II Unauthorized Absence � . _. _ __. . . . _. . _. . . _ . . . . . . . _. . . 7 �CVZII Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . 7 �IR Grie�ance Procedure. . . . . . . . . . . . . . . . . . . . . . . 7 XXReopener . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 XXI Scope of Negotiations . . . . . . . . . . . . . . . . . . . . . . . 9 �II Resolution of Difference by Peaceful Means . . . . . . . . . . . . 9 .. ?�"XIII Recognition and Dues Deductions . . . . . . . . . . . . . . . . . . 9 _ �TV Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . : � 11 Addendum . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 12 Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ���� � �� t ,� �` A G R E E M E N T , • THIS AGREEMENT IS entered into to be effective on January 1, 1977 by and between the City of Oshkosh, Wisconsin, party of the first part hereinafter referred to as the Employer, and the Oshkosh City Employees Association, party of the second part hereinafter referred ta as tl�e Union. tti'HEREAS, IN ORDER TQ INCREASE GENER.AL EFFICIENCY, TO ��iAINTAIN the existing harmonious relations between the employer and its employees, to main- tain a uniforn riinimum scale of wages, hours and conditions of employment among the employees and to promote orderly procedures for the pracessing of any grievances between employees and employee and/or employee and employer, and the declaration of rules and regulations and the establishment of and declaration of policies to insure a proper and ethical conduct of business and relations between the Enployer and the Union, and to that end have reached this Agreement. i30W, THERFORE, the parties hereto, each in consideration of the agree�ents herein contained of the other, hereby agree as follows. ARTICLE I MANAGEMENT RIGHTS SECTION L Except to the extent expressly abridged by a specific provision of this agreement, the City reserves and retains, solely and exclusively, all of its Co�non Law, statutory, and inherent rights�to manage its own affairs, as such rights existed prior---to-the execution_of this or any other previous Agreement with the Association. � ARTICLE II PAY POLICY SECTION L_ Compensation. Employees shall be comgensated within the pay ranges set forth in the classification and pay plan of the employer�and in - 1 - � a� . � �' accordance with the rules for administration included therein. Attached as an appendix to this agreement are the job classifications and pay schedules. �f£ective ` . April l, 1976, the one week lag payroll�system shall corranence. SECTION 2. Classification. The employer shall determine the number of er�ployees and types of positions or classifications necessary to operate the facility. Should an employee feel he or she is errorneously classified, �they may apply for a review of their classification by the Personnel Director. ARTICLE III RULES AND REGULATIONS SECTION 1. The employer may adopt and publish rules and regulations concerning the operation of its facility and conduct of emp].oyees. Such rules and regulations may be amended periodically, provided reasonable notice is given to affected employees. ARTICLE N PROBATIONARY PERIOD & EMPLOYMENT STATUS SECTiON 1. Permanent Employee, is one who is hired to fill a permanent full time position in the table of organization. All such employees shall serve a probationary period of six (6) consecutive months. During the probationary period the employer may dismiss such employee at its discretion. SECTION 2. Temporary Emgloyee, is one who is hired on a short term basis not to exceed six (6) consecutive months. Such employees shall not accrue any rights or benefits of this agreement: SECTION 3. The employees of the bargaining unit shall be informed of all vacancies and job openings in the unit�through an announcement placed on the informational bulletin boards in the City Hall and Museum. ARTICLE V TERMINATION OF EMPLOYMENT SECTION 1. Lay-Off. The employer may, in the interest of the City, lay-off any employee at any time. -The employer shall furnish the affected employee with a written notice. Where qualifications of position permit, the - 2 - i � employee with the least seniority within the classification shall be Iaid off �t( [i� �: first. Members of the bargaining unit may be laid off only when the City is not ' ' utilizing contracted services for work normally done b� members of the bargaining � unit and only when temporary help is not being utilized for work in the classifi- cation. SECTION 2. Dismissal. The em�loyer may discharge any employee only £or good cause related to and/or affecting his employment. The employer shall furnish the discharged employee with a written notice of the action and the reason(s) for same. ARTICLE VI WORK HOURS SECTION 1. The work da� and work week shall be as follows: $:00 A.M. to 4:30 P.M., Monday through Friday. Exceptions to this-Arti.cle shall be: the custodians whose normal work day shall consist of nor more than 7 1/2-hours perfarmed Sunday through Saturday, not to exceed 37.5 hours;.the normal work week for Courtesy Aides shall be Monday through Saturday, not to exceed 37.5 hours; the noru�al work week for the museum employees shall be Sunday through Saturday. The normal work day shall be 7 1/2 hours. When Museum employees are required to work Saturday and Sunday they shall receive their two days off normally�during the same pay period. The employer may change the hours of the work day in the best interest of the public, provided the number of hours per work day is not increased. � ARTICLE VII HOSPITALIZATION &�LIFE INSURANCE SECTION 1. The employer shall pay up'to ninety-four dollars and f ifty cents ($94.50) per month pex employee towards the premium of the employee's group policy, regardless af marital status. SECTION 2. The employer shall pay 100% of.the premium of the group life insurance policy. - 3 - � � � ARTICLE VIII HOLZDAYS i ��� � SECTION 1. Each full time employee shall �e granted nine and one--half (9?) paid holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day before Christmas, Christmas Day, Good Friday afternoon, and Two Floating Holidays; which shall be earned at the rate o� 2/10 day for. each month worked but not to exceed two day-s. Such days may be �cheduled and used in the same manner as vacation days with the approval of t�xe l7epartme.nt: Head. ARTICLE IX RETIREMENT FUND SECTION 1. In addition to the Statutory requiremen�s, the employer shall pay to the retirement fund up to twenty-seven dollars ($�7.U0) bi-week7_y of the employee's mandatory contributione � ARTICLE X SICK LEAVE SECTION 1. Al1 permanent full time em�loyees shall accumulate sick leave with pay at the rate of one (1) work day for each month of service. For purposes of this section, leave without pay shall not be cr.nsidered service. Unused sick leave credits shall-accumulate-to a maximum of one hundred and forty-four (144) days. SECTION 2. An employee r.�ay apply for sick leave with gay for absence necessitated by injury or illness. In order to qualify for sick leave benefits an employee must: A. Report prior to the start of each work day to his supervisor for his/her absence. B. Keep his/her supervisor informed of the condition and estimated day of return to work. _ C. Submit a doctors certificate for such absence upon request of the City, stating the nature of the illness or injury and whether or not the employee has been incapacitated for said period of absence. - 4 - � � � � Sick leave shall be regarded by all as a valuable, free health and welfare insurance which in the best interest af a11 woncerned should not Ue used unless a legitimate need exists. Sick �eave is not a"Right" like vacation: IL is a privilege, to be used carefully. Unused accumulated sick leave up to 132 ciays shall. be paid ta employees who die in service or retire at age 62 or older, at one-ha�_f the employees rate in ef_S_ecL at the time he/she reaches age 62 or dies. ARTICLE XI COMPENSATORY TIM� SECTION 1. Compensatory time sha11 be granted at the rate o£ 7 I/� times for full time employees required to worlc aver the normaZ taark �ay or. week. Compensatory tiLne will be recorded and may be used duxi.ng the year upon request of the employee and with-the-approval of the department head or at the direction _ of the Department Head. Any unused balance of compensatory time will be paid on the first pay period of the following year.. SECTION 2. Compensatory time on the books as of 12-31-65 will remain and may be taken off on a straight time ratio subject to ti�e provisions for the granting of �uch-leave-outlined in Section 1. Any unused balance of such time will�be paid upon separation based on the salary in effect as of 12-31-65. ARTICLE XII LONGEVITY SECTION 1. The employer agrees to the following longevity plan for all full`time employees below the rank of Division Head and "nonworking supervisor". A, $'2.77 Bi-k'eekly after 5 years of continuous Service. B. $ 5.54 Bi-Weekly a�ter 10 years of continuous Service. C. $ 9.23 Bi-Weekly after 15 years of continuous Service. D. $12.92 Bi-Weekly after 20 years of continuous Service. - 5 - ' ARTICLE XIII � � REST PERIOD r SECTION 1. Full time employees sha11 be granted, two (2) fifteen (15) minute rest periods per work day, one (1) to be scheduled during the first half: of the work day, and one (1} to be scheduled during the second half of the work day. Such breaks may not be accumulated. ARTICLE XIV VACATION . SECTION 1. All regular full time employees shall be granted vacation leave with pay based upon the following schedule in each succeeding calendar year. SECTION 2. Each full time emplo�ee with less than one fu11 calendar . year of service shall be �granted a vacation in the succeeding calen�ar �ear on a prorated basis in proportion to the length of time worked, based upon the - following schedule: SCHEDUL� �---- [�, 1 year of continuous service = 2 weeks vacation. � . . B, 8 years of continuous service = 3 weeks vacation. C. 15.years-of continuous service = 4 weeks vacation._ D, 20 years of continuous service = 5 weeks vacation. ARTICLE Xtl EMERGENCY LEAVE� SECTION 1. In the case of death in the immediate family of a regular employee (spouse, children, step-cizildren, parents, step-parents, sister, brother, mother-in-law, father-in-law, grandparents and grandchildren), the employee will be paid for the scheduled time lost from the day of death up to and including the day of the funeral,- but not=to exceed thxee (3) scheduled work days at his regular straight time hourly rate and not to exceed seven and one- half hours per day. SECTI�N 2. I3o funeral leave will be paid to any employee while on sick leave, layoff or any leave of absence. - 6 - . � � �a-� ARTICLE XVI LEAVE WITHOUT PAY SECTION 1. Applications for leave of absence without pay shall be made in writing to the department head, stating the period of such leave, and reasons for same. Dispostition of such requests will be made on the basis of staffing requirements of the employere ARTICLE XVII � UNAUTHORIZED ABSENCE SECTION 1. No employee may absent himself from duty during working hours without the permission of the responsible department head. Any employee absenting himself without permission shall be subject ta disciplinary action. ARTICLE XVIII �dAIVER OF RIGHTS SECTION -1. �ach party to this Agreement expressly_retains_aI1 rights and authority possessed by it or them under Wisconsin or Federal Laws, regula- tions or statutes. In the event that any clause; provision, or portion of this Agreement is held invalid or inoperative such invalidity or inoperativeness shall not affect other clauses, provisions, or portions of this Agreement. The parties hereby declare their intent that aZl clauses,=provisions,-and portions of this Agreement are severable. SECTIOI3 2. If said invalidity arises.through conflict with a specific statute, then the statute shall govern that portion of the Agreement which is in conf lict, and negotiations shall be instituted to adjust the i.nvalidated clause. ARTICLE XIX GRIEVANCE PROCEDURE SECTION 1._ Both the union and the city recognize that grievances shauld be settled promptly and at the earliest possible stage and that the grievance nust be initiated within five (S) working days of the incident. A grievance is defined as any violation, misinterpretation, or nancompliance with the provisions of this contract. Any -employee may process grievances as out- - lined, and may be assisted by the Association at the optian of the employee. - 7 - ce orall t-o���� ' Step 1. The aggrieved employee may present the grievan y � his managment supervisor. The employee and supervisor shall attempt to xesolve the grievance. The supervisor sha11 state his"position to the employee within three (3) consecutive work days.� Within three (3) consecutive work days after the supervisor has stated his position, the employee shall advan.ce his grievance to Step 2 or the matter sha11 be considered settled by aI2 paxties. Step 2, The employee shall submit the grievance in w2:iting to his Department Director. The Department Director sha11 state his nostiion in writing within three (3) consecutive work days after receipt of the Department Directors statement, the employee shall advance his grievance to Step 3, ox the matter shall be considered settled by a11 parties. Ste�3. The employee shall submit the grievance in writing a7_on� with a copy of the Department Directors statement to the City Manager. The City • Manager sha11 issue his statement in writing to the employee and the Department Director within five (5) consecutive work days. The employee sha11 advance to � Step 4, or the matter shall be considered settled by all parties. Step 4, If the employee does not consider the grievance satisfactorily adjusted, he may request-that the grievance--be-settled by arbitration. The� employee shall give written.notice of his request for arbitration within ten (10).days after the receipt of the City Manager's statement. Upon receipt of such notice, the employee and the employer shall endeavor to�select an impartial arbitrator by mutual agreement. In the event the parties are unable to agree upon an arbitrator, they shall each appoint an arbitrator and said arbitrators shall choose a third arbitrator. The decision of the arbitrator or panel of arbitrators shall be final and he sha11 have no right to amend, modify, ignore or add to the provision of this Agreement. The decision of the arbitrator shall be based solely upon his interpretation of the "express language" of the Agree- ment. �: ARTICLE XX REOPENER SECTION 1. During the course of the contract;year, any article of 4 � this A;reement may be opened for negotiations by.mutual consent of both parti.es to the A�reement. Negotiations under this Article shall be restricted to that Article stated in the request for discussion. ARTICLE XXI SCOPE OF NEGOTIATIOI�S SECTION 1. It is agreed between the parties of the Contract that the clauses, provisions, or portions set forth in thi_s Agreement constitute the scope of negotiations for the period of the contract. ARTICLE XXII RESOLUTION OF DIFFERENCE BY PEAGEFUL MEANS The City and the Union agree that diiferences between the parties shall be settled by peaceful means as provided within this agreement and that there shall be no strike or any other type of mass work stoppage during the term of tnis agreement. It is understood that differences are intended to be settled through the grievance procedure contained herein. _. ARTICLE XXIII RECOGNITION AND DUES DEDUCTIONS Zt is understood that the bargaining unit consists of those individuals fulfilling the functions as set forth in the wage schedule attached to the contract. Individuals and jobs not included in those categories are speci- fically excluded. Job titles not withstanding it is not intended to add or exclude anyone not presently in the bargaining uni:t. 0 In the event new positions are added by the City, they should be brought to the attention of the Oshkosh City Employees Association for the purpose of negotiating inclusion or exclusions from the unit. � The Association, as the exclusive representative of all the employees in the bargaining unit, will represent all such employees,'association and non- �: i � � �� association, fairly and equally, and all employees in th e unit will be required to pay, as provided in this article, their proportionate•share of the cosLs uf , . representation by the Association. No employee shall be required to join the •. association, but membership in the association shall be made available to all employees who apply consistant with the association canstitutio�� and by-laws. No employee shall be denied Association membershi� because of race, cre`d, color. or sex. The employer agrees that effective 1 January 1977, it will deduct fr.om the monthly earnings of alI employees in the collective bargaining unit the amount of $1.00 per month, such amount being the �onthly dues certified l�y the Association as the current dues unifoxmly required af a7_1 rnembers, and pay saic3 amount to the treasurer of the Association on or befoxe the end of the month in which such deduction was made. Changes in the amount of dues to be dedu�ted shaZl be certific=d by t=he Association 30 days before the effective date of the change. - 10 - � . / � � R ARTICLE XXIV �� � DURATION This Agreement shall become effective 3anuary �, 1977 and shall remain ia full force and effect until and including December 31, 1978 and shall be . auto::atically renewed from year to year unless negotiations are instituted by Septenber 1, of any subsequent year. IN WITNESS WHEREOF, the parties hereto have e_xecnted this Agreement on this day of , �-9 � ��y= FOR THE CITY - 11 - FOR THE ASSOCIATION �` to the 1977 Municipal Contract between the City of Oshkosh and th Addendum Oshkosh City Employees Association. ' In conformity, with the tentative agreement reac�ed between the parties i . hereto as a result of the negotiations held concerning wages, hours and con- ditions of employment for the year 1977. Upon approval of the Common Council of the �2L-y of Ushkosli and the member-- ship of the Oshkosh City Employees Association, It is agreed, that effective January 1, 1978, the foregoing Emploa=ment Contract will be modified in the following manner: I, The salary schedule will be modified �y an increase on a�ercentage applied to each rate. 2. The Employers contribution toward the err�pl.ayees shaxe o� tbe premium of the employees group health insurance pol.icy will �e �pen £or nego- tiations in 1978. 3. In all other terms and respects, the af�resaid Employment Gontract will be made as is reflected hereto except such moda.fications as�may be made by virtue of agreement by and between the parties hereto. 0 - 12 - � s : CLASS _ Custodian Z Clerk Typist I Duplicating Mach. Oper. Courtesy Aide Keypunch Operator Secretary I Clerk Typist II c 1977 RATES* RNG FREQ. SPAN A 1 6 mo. 1 Yr. Biw. 210.31 2 6 mo. 2 Yr. 3 6 mo. 1 Yr. 4 6 mo. 2 Yr. Moe 456.00 Bic�� 231.31 Mo. SOI.00 Biwa 252�31 Mo� 547.00 Biwo 251.31 Mo. 545.00 � P a ' B C D M 217.31 223.3I � 4�i.00 4II4.aa 237.3I `L45.3I 250.33. 256,31 514.00 532.00 a42.00 555,00 261.31 ?_6�3.31 566F�0 581.00 258.31 265.31 274.3i 28Q.31 560.00 575.00 594.00 607.00 Account Clerk I 5 6 mo. 2 Yre Biw. 263.31 270.31 `l_18.31 283.31 293,3.1 Moe 571.00 586.00 603e00 6I4.QQ 636.00 Account Clerk II 6 1 Xr. 4 Yr. Biw. 293.31 307.31 32Z.�1 335.31 352.31 Moo 636.00 666.00 698.O0 727.OQ 763.00 Civil Engineer Aide I 7 6 mo. -2 Yr� Biw. -307.31 _-317.31 �.324.31._�32.3I 344.31 PZoe 666.00 688.OQ 703.00 720.00 746.00 Registrar 8 1 Yr. 4 Yr. Biw. 307.31 322.31 3�5.31 :352.3I 369,31 Mo. 666.00 695.00 727.00 763.00 800.00 Custodian II 9 6 mo. 2 Yr. Biw. 322.31 329.31_ .340.3I �348.31 358.31. Mo:- _-- 698.00 - -714:00 _ _=737.00_. _J55.00 776.00 Parking Meter -Servc= �� 70 . _= :�1 Yr. -- _4_ Yr. ' �_Biw: ``-322.-31`- �335.�I = =352.3�=--�369.3fi._ - 386.31 Poundmaster Mo. - - 698.00 - -727.00 ,_ _763.00_ _ _800..00. -83Z.00 Accountant-="� " " 11 � '-- 1 Yr: -�+-Yr. - --Siw.' 335.-31 - 352.31- -369.31 --386.31- - 405.-3-1- Museura Asst. - Mo. 727.00 763.00 800.00 837.00 878.00 Civil Eng. Aide II 12 1 Yr. 4 Yr. - Biw. 352.31 369.31 386.31 405.31 423.31 Mo.. 763.00 800.00 837.00 878.00 917.00 Parking Meter Serv. II 13 1 Yr. 4 Yr. Biw.. 365.31 382.31 399.31 416.31 435.31 Mo. 792.00 828.00 865.00 902.Q0 943.00 Property Appraiser 14 6 P�o. 3 Yr. Biw. ' Draftsman A B C D E F M 381.31 391.31 401.3T 411.31 424.31 435.31 447.31 Mo. 826.00 848.00 870.00 891.00 919.00 943.00 969.00 . � r.vcn CPhN �/a� "� C D M A • B ' CLASS ruvv � ..---� _ � � 405.31 423.31 443.31 463.31 ��485.31 15 1 Yr. 4 Yr. Biw. , Publ.ic Health rurse Mo_ g�g,pp 917.00 961.00 1004.OG 105?_.00 Heating Inspector }�ousing Inspector Asst. r;useum Director Asst. Building Inspector 1 Yr. 4 Yre Biw. 423.31 443.31 463.3i 48S.3I a��.3� Weights & Measures Insp. 16 Mo� 917�00 961.OQ 10(�G.O(� 1U52.0U 110�+,0U �+54.31 474.31 497•�� all•31 17 1 Yr. 4 Yr. Biw. 435.31 1132.OU Sanitarian Mo, �43.00 984.00 1028.00 1��8•�U Social Worker ' S34.31 Cit Assessor 18 1 Yr. G Yr. Biw� 453e31 �+72.31 492.3I ��o8.UG I]58.00 Deputy y �oo �82,p0 1Q23.00 1067.00 ector 19 1 Yr. 4 Yr. Biw� 474.31 ��91.00 1119�CC� ]169:UU ��23.U0 Electrical Insp Moa 1p28.OQ Public Health Nurse Supervisor Plunbing Inspector 1 Yr. 4 Yr. Biw� 485.31 5�9.31 53�.�-31 55y.-3i 585.31 Bacteriologist 20 _Mo.. 1052.00- 1104.00 1�51.00 1212•�a j��'8'�� Plunbing Supervisor *Official Rates are Bi-Weekly Rates � a� � � N � � � . � � N F-� � � � O � 1.[l r-I aa �n �n �W �z :�i n o� ,. . �, r--� . �'y v"..' � x � z� � O � y `� 'J� 'i� h-i O -I-� cC � � �i � U O cL3 � Ei U O ,� �—i J-� J-� Y-i � � � r-1 O O -1� rl � � +� N � O � � � ti ti � � � � � a� � c� `� � � ` .N ct3 .� h U