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Home My WebLink About28584 / 76-20� . , Dzce�:; er 15, 1976 =; �� RF50LL'TlOv _ __ _ . :�::��;:_S, trie City �i Ush}�c�h has b��n z:cg�tiatin�� ;�.-th. reUresen�ati ves of Local 796, thE: Oshko:�h Cif_y Empl�yees Uziori, : �SC_`=' "^_ 0 � . r+ � �- z �, ��.77 `�� ' i_ _� � ryt• i.-' � T C.�VEX'�r_Il _� �:�: �_` 1 E'c.l'.� � c....J. .1. �: l `clI1C1 ��i�,�E�S, the conclusions a�� said ne,r�ti_a-�ions have been reduced ta �he attached � gr_ eemen.-�, 'I0�9, ^�iEAE�'O�E, BE IT RESO-:,VED by the Common Cot�nci.l ai t'r_e Ci`y o= Os�_;csh that t�� pro:�er_ Gity o`fici�ls are 17e�eby authorize3 and �ir.ectEd to enter into �rAe attaclie�� agre�Lm�,nt wi_th tY�� Lo�al "T°5, the Oshro:=h City EA:�plcy`e:� i;n�on, I�FS�;�i��;, At�L-;'10 co°�eri�_g t�.�:� years 1G 17 aezd J 978. _ � �j .._ -� WORKING CONDITIONS AGREEMENT CITY OF OSHKOSH '►1 OSHKOSH CITY EMPLOYEES UNION LOCAL 796, AFSCME, AFL-CIO January l, 1977 - December 31, 1978 0 I II III IV V VI VII VIII IX X XI XII XIII XIV XV XV I XVII XVIII XIX XX XXI XXII XXIII XXIV XXV XXVI XXVII ARTICLE Management Rights . . . . . . . . . . . . . . . . . . . . . . Recognition and Unit of Representation . . . . . . . . . . . Rules and Regulations . . . . . . . . . . . . . . . . . . . . Negotiations . . . . . . . . . . . . . . . . . . . . . . . . Conduct of Business . . . . . . . . . . . . . . . . . . . . . Probationary and Employment Status . . . . . . . . . . . . . Seniority. . . . . . . . . . . . . . . . . . . . . . . . . . Suspension-Demotion-Discharge . . . . . . . . . . . . . . . . Safety and Sanitation . . . . . . . . . . . . . . . . . . . . Normal Work Week-Work Day-Work Schedule. . . . . . . . . . . Pay Policy . . . . . . . . . . . . . . . . . . . . . . . . . Call In Pay . . . . . . . . . . . . . . . . . . . . . . . . . Authorized Absence . . . . . . . . . . . . . . . . . . . . . Unauthorized Absence . . . . . . . . . . . . . . . . . . . . Insurance . . . . . . . . . . . . . . . . . . . . . . . . . , Termination of Employment . . . . . . . . . . . . . . . . . , New Jobs--Vacancies . . . . . . . . . . . . . . . . . . . . , Grievance Procedure . . . . . . . . . . . . . . . . . . . . . Dues Deductions . . . . . . . . . . . . . . . . . . . . . . . Waiver of Rights . . . . . . . . . . . . . . . . . . . . . , Union Bulletin Board . . . . . . . . . . . . . . . . . . . , Reopener. . . . . . . . . . . . . . . . . . . . . . . . . , RetirementFund . . . . . . . . . . . . . . . . . . . . . . , Meal Allowance . . . . . . . . . . . . . . . . . . . . . . LongevityPlan . . . . . . . . . . . . . . . . . . . . . . Maintenance of Benefits . . . . . . . . . . . . . . . . . . Strikes and Lockouts . . . . . . . . . . . . . . . . . . . I. PAGE 1 1 2 2 3 3 4 5 7 7 9 10 11 14 15 15 15 16 17 18 18 18 18 18 19 19 19 ARTICLE XXVIII Workers Compensation . . . . . . . . . . . . . . XXIX Duration . . . . . . . . . . . . . . . . . . . . Salary Addendum PAGE . . . . 19 . . . . 21 r 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 Union, Local 796, AFSCME, AFL-CIO and affiliated with the Wisconsin Council of County and Municipal Employees, party of the second party of the second part hereinafter referred to as the "Union"; WHEREAS, IN ORDER TO INCREASE GENERAL 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. 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 -1- conditions of employment, for the Unit of representation, consisting of all employees of the Employer, employed in the Department of Public Works (Street Department, Central Garage, Sanitation, Electric and Bridge, Sewage, Water Warehouse, Water Plant Filtration) and Parks Department (Forestry, Cemetery, Golf Course, City Parks), excluding only the non-working supervisors and professionaJ_s. The Fmployer 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 though the procedures contained in this agreement, he 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 referrred to the grievance procedure for settlement and shall be initated at the level of their origin. Al1 rules shall bear the signature of the Personnel Director. ARTICLE IV NEGOTIATIONS Negotiations on all matters covered by this Agreement or on other proposals with respect to wages, hours and/or conditions of employment shall be conducted annually and any agreement reached in negotiations shall become effective on the next following January lst. Negotiations shall proceed in the following manner: the party requesting negotiations shall notify the other party in writing of its request not earlier than - 2- 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 tlle other party within fifteen (15) days thereafter. Negotiations shall continue until resolved or until it is clear that no agreement can be reached. The Employer agrees that time spent in the conduct of grievances and in nego- tiations 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 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 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. ARTICLE VI PROBATIONARY AND EMPLOYMENT STATUS Al1 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 hereinafter provided. Continued employment beyond the probationary period above noted is hereby defined as evidence of satisfactory completion of probation. -3- A permanent employee is hereby defined as a person hired to fill a full time or part time position in the Table of Organization. A seasonal employee is one who is a permanentyemployee but who is on the active payroll only during the season in which his services are required according to the Table of Organization. A temporary employee is one who is hired for a period not to exceed one--hundred and twenty (120) calendar days and who shall be separated on or before the end of said period; however, should a temporary employee be continued in employment, his first 45 calendar days of employment shall be considered as part of his probationary period; he shall be reclassified as a permanent seasonal employee; and he shall be compensated retroactively to the 46th calendar day of his employment for the dif- ference between the rate of pay of a temporary employee and that of a permanent seasonal employee. Should a temporary employee who has been separated be re-employed in the same or kindred occupation within three (3) months of his separation, his first 45 calendar days of employment including the previous period employed as a temporary employee shall be considered his probationary period, and upon completion of said first 45 calendar days he shall be reclassified as a permanent seasonal employee; and shall be compensated at the rate of a permanent employee. Proper records indicating the status of each employee shall be completed at the time of employment and a copy of such status record shall be provided the employee anc 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 employment. Seniority rights terminate upon discharge or quitting. A seniority list shall be posted in each department section, listing the seniority of the employees in each section. -4- Seniority shall be established separately within each division. Employees in the Labor Pool Division shall accrue seniority only within the Labor Pool regardless of the division tliey are assigned to. In the event of lack of �aork or lack of funds, emp]_oyees 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 lay-off. Permanent cmployees shall not be subject to layoff until all temporary and proUationary 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 permanent full time positions. Employees may be temporarily transferred from one section to another without loss of seniority or other rights in their section of origin. Employees on lay-off status shall be given 24 hours notice of recall for temporary 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-DEMOTION-DISCHARGE 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, 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 suspen- sion for cause shall exceed 30 calendar days. -5- . 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 ter- minate within ten days after completion of the case for which he 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 will be reimbursed in f_ull for a�l loss pay after the suspension and for purposes of employee benefits and seniority, the suspension will be considered not to have taken place. DEMOTION: Demotion is defined as the movement of an employee to a lower pay range. a. 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 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 lower class or when assignment to less 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. DISMISSAL: No employee 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 employees 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 his steward and his department head within five working days after dismissal. Such appeal will go directly to the appropriate step of the grievance procedure. Usual Disciplinary 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 sha1l 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 from the date of the second warning. � 0 � ARTICLE IX SAFETY AND SANITATION It is agreed that each employee shall be responsible fos the cleanliness a�1d proper care of the equipment and tools used by him, 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 equip- ment. There shall be an employer-employee safety committee whose purpose shall be to develop and maintain a safety program for the Public C�TOrks Department and Parks Department. ARTICLE X NORMAL WORK WEEK, NORMAL WORK DAY AND NORMAL WORK SCHEDULE The normal work week shall be forty hours, Monday through Friday. The normal work day shall be eigbt (8) hours per day, Monday through Friday. The normal work schedule shall be five (5) consecutive eight (8) hour days, Monday through Friday, for the following Divisions: a. Street Department b. Parks Department c. Sanitation Department d. Cemetery e. Water Department, Outside Grew f. Electrical Division g. Forestry Division h. Labor Pool Division The Sewage and Water Plant operation shall work a forty (40) hour work week, as per mutually agreed to schedule. GOLF COURSE: Full time pern�anent employees of the golf course shall work at least 43 hours per week when the Golf Course is open with overtime premium applying in accordance with the Fair Labor Standard Act. BRIDGE-TENDERS: Citq Bridge-tenders operating the bridges during the navigational season shall operate the City Bridges on a twenty-four hour basis and be paid for sixteen (16) in accordance with the Fair Labor Standards Act, as amended. SANITATION DIVISION: The Union agrees to the concept of the route change and will continue to work with the City to finalize the changes. Any change in route -7- _ � shall be by mutual agreement between the employee and the employer. The adjustment of the normal work day and normal work week shall be the function of the Employer, subject to consultation with employees, as above. A Route system shall be defined as a designated number of pickups for a certain area, as the case may be, and the emp]_oyee is expected to complete the work involved on a weekly basis. In the event is necessary to change employees from on regular schedule of days and/or hours to another schedule of days and/or 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 lZ 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. For an emergency such as snow removal, ice control, flood control, sickness, and so on, the employer shall have the right to schedule the work week as may be neces- sary and from one shift to another shift without regard to prior notice. Any employee who is called in for work outside his normal work week schedule shall not be sent home early on subsequent days or denied his regular work week schedule to avoid over-time payment without his 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 8 hours per day) so as to deny employees legitimate overtime. The employer shall also have the right to schedule a change during the working shift (for example, two days on certain hours and three days on other hours) and employees involved shall be given at least 24 hours notice. Compensation for work on any regularly scheduled shift shall be at the straight time of pay. year. The employer shall endeavor to maintain stability of employment throughout the : s 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 tbe rules for admin- istration included therein. Attached as an appendix to tl�is agreement are the job classification and pay schedules. The employer shall determi_ne the tab]_e 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 demated 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 performed outside the above normal work day and/or work week shall be compensated for at the rate of time and one-half (12) the employees regular rate o£ pay. The principal 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 8:00 a.m. and salaried employees payroll checks by 1:00 p.m. on Thursday following the end of the pay period. COMPENSATORY TIME: All monthly salaried employees may receive compensatory time off at the rate of time and one-half (12) 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 be used during the year upon request of the employee, with approval of the department head. Any compensatory time not used by January 1 of the following year shall be pa�d in cash at the rate of time and one-half (12) of the rate in effect at the time � � earned by separate paycheck 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 crish in April by separate check of the rate in effect at the time earned. Al1 compensatory time on the books, 3s of December 31, 1965 and May 1, 1974, will remain and may be taken off on a strai�ht time ratio and any balance will be paid upon retirement or separation on a straight time rate, based on salary paid, as of the date in which it was earned. Overtime during Holiday Week: Overtime during a holiday week shall be paid at the rate of time and one half (12) after thirty-two (32) hours actually worked for tllose 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 all excess hours worked shall be at the rate of time and one half (12). Shift Differential: Work performed between the hours of 6:00 P.M. and 6:00 A.M. shall be subject to a twenty cent ($.20) per hour premium, excluding those employees regularly assigned to shifts. The twenty cents ($.20) per hour shift differential shall not apply to work hours subject to overtime provisions. Employees assigned to the sewage and water treatment plants shall be compensated for work performed on the respective shifts with the following premium: lOC per hr. on 2nd shift, 20� per hr. on 3rd shift. The shift differentials shall not apply to overtime hours worked. ARTICLE XII CALL IN PAY In the event employees are called for work after their normal work days has been completed they shall receive a minimum payment of two (2) hours pay at the rate of time and one half (12) their rate of pay. The employer may change the employees shift upon giving 24 hour notice, except in case of emergency, at which time the 24 hour notice shall be waivered. -10- ARTICLE XIIZ AUTHORIZED ABSENCE Vacations: All regular employees shall be entitled to vacation leave with pay at their classification rate of pay during calendar yea`r following their anniversary date of employment based upon the followi_ng schedule: After 1 year of service - 2 weeks vacation leave After 8 years of service - 3 weeks vacation leave After 15 years of service - 4 weeks vacation leave After 20 years of service - 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. Those employees completing their fourteenth (14th) year of service shall earn their fourth (4th) week of vacation on a pro-rated basis and those employees completing their nineteenth (19th) year of service shall earn their fifth (5th) week of vacation on a pro-rated basis. Subject to the staffing requirement of the employer, the employee shall be given his choice of the time of vacaton 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 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 lst, of his first year. 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 com- pletion of one (1) year of service, no terminal vacation shall be paid. Sick Leave: All employees shall be entitled to sick leave credits on the following basis: Bridge-Tenders - City: Sick leave benefits shall be based on a 16 hour day for men required to work a 16 hour day. All regular full time, probationary and seasonal 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. -11- Unused sick leave credits shall accumulate to a maximum of one hundred and thirty-two (132) work days. �mployees qualified to receive sick leave compensation 4 shall receive such compensation at the rate of their regularly scheduled tiour's pay at the employee's regularly rate of pay for each day of absence. An employee may use sick leave with pay for absence necessitated by injury or illness, or exposure to contagious disease when confirmed by a physician. In order to qualify for a sick leave payment an employee must: a. Report prior to the start of each work 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 (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, regardless of duration. This requirement will not be invoked without first advising the employee of his questionable sick leave record and giving him an opportunity to improve. 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 require- ment will be periodically reviewed with the employee, at lease once each ninety (90) days, and determination will be made, if this requirement is to continue. 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"Right" 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 at age 62 or older, at one-half the employees rate in effect at the time he reaches age 62 or dies. -12- � 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 *_o have said money�placed in a fund, by the City, from which the employee's premium for his Hospital and Surgical Insurance 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 changes shall be made thereafter. EMERGENCY LEAVE: In case of death in the immediate family of a permanent and/or seasonal employee, (spouse, children, step-children, parents, step-parents, brother, sister, mother-in-law, or father-in-law), the employee will be paid for the scheduled time lost from the day of death, up to and including the day after the funeral, but not to exceed three (3) scheduled work days, at his regular straight time hourly rate and not to exceed eight (8) hours per day. One (1) day off with pay shall be granted for the funerals of the employees grandparents and grandchildren. 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 aPP1y. Holiday Leave: All regular full time, seasonal and probationary employees shall receive their regular scheduled hours only for each of the following holidays not worked: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Day before Christmas, Christmas Day, Good Friday and such other days as the City Council by resolution may fix. When any of the above holidays fall on a Sunday, the following Monday shall be deemed a holiday. When any of the above holidays fall on a Saturday the previous Friday shall be deemed a holiday. (Except for those working a seven day week.) One (1) additional floating holiday to be granted to each full- time, permanent employee, subject to (24) hours notice and approval of the immediate supervisor. Half day holidays are to be computed as four (4) hours. -13- All regular full-time, seasonal and probationary employees 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 a��d after the defined holiday unless such emp]_oyee is on :�uthorized leave of absence or in cases of proven i7_7.ness reported to the division or department head prior to the start of the day. Teml�orary 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 Without 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 no employee shall be granted a leave of absence 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 forri, 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 employee 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 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 without the permission of the division or department head may be subject to disciplinary action. -14- ARTICLE XV INSURANCE Hospitalization and Medical Benefits: The employer shall pay up to $85.00 per month per employee towards the premium of the employees group policy. Life Insurance: The employer sha]_1 pay 100% of the cost of the group life insurance policy. ARTICLE XVI TERMINATION OF EMPLOY�4ENT 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 emp]_oyee's record has been satisfactory. ARTICLE XVII 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 shall be present during interviews with employees seeking promotions. All non-supervisory vacancies shall be posted on the bulletin board of the Public Works and Parks Department and such notice shall 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, work 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 demonstrate 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 or should he desire to return to his former job, he shall be reassigned to his former job without loss of seniority. -15- � ARTICLE XVIII GRIEVANCE PROCEDURE 33oth the Union and tlze City recogniz,e 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. Al1 grievances which may arise shall be processed in the following manner: Step 1. 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 stipervisor, 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 division head, and a copy sent to the personnel office. The division head may consult �oith the department head and if not resolved within five (5) working days at this level, the division head shall 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 if not resolved within five (5) working days at this level, the department head shall note his statement on the grievance form and it shall be pro- cessed as outlined in Step 4. Step 4. 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 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 Arbitra- tion, by notifying the City Personnel Manager of its intent. The Union and the Employer shall 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 Panel. In the event that they are unable to select the Chairman of the Arbitration Panel, they shall notify the Wisconsin Employment Relations Commission of their desire to appoint an Arbitrator from their staff to act as Chairman of said panel. The decision of the Arbitrator shall be "final and binding" on 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 Arbitrator shall be based solely upon his interpretation of the express language of the Agreement. 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 employees 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. -16- Pay owed an employee dating from a disciplinary action involving pay (e.g. suspension, demotion, termination) shall be reinstated from the date of such dis- ciplinary action if such action is not sustained through processing of a grievance. General: Any emp].oyee 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 subject of discussion for the record. The Union shall determine the composition of the Grievance Committee of the Union. ARTICLE XIX DUES DEDUCTIONS The Union, as the exclusive representative of all the employees in the bar- gaining 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 consistant with the union constitution and by-laws. No employee shall be d�nied union membership because of race, creed, color or sex. The employer agrees that effective 1 January 1977, 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 to be deducted shall be certified by the Union 30 days before the effective date of the change. -17- . As to new employees, such deduction shall be made from the first paycheck following the fir.st (1) day of completion of their probationary period. ARTICLE XX y 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, regulati.ons or statutes. In the e�ent any clause or portion of this agreement is in conflict with the statues of the State of Wisconsin govern�ng 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 XXI ' 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 XXII 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; nego- tiations under this Article shall be restricted to that article stated in the request for discussion. ARTICLE XXIII RETIREMENT FUND In addition to the statutory requirements, the employer shall pay to the retirement fund five per cent (5%) of the employees manditory contribution. ARTICLE XXIV MEAL ALLOWANCE The employer will provide a meal allowance of one dollar and fifty cents ($1.50) for employees performing emergency and snow removal work exceeding four (4) hours duration. � �' � ARTICLE XXV LONGEVITY PT AN The following longevity plan is to be put into effect .7anuary l, 1973. $ 2.77 bi-weekly after 5 years of serv.zce. $ 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. ARTICLE XXVI MAINTENANCE OF BENEFITS The Employer agrees to rnaintain in substantially�the same manner such present benefits not specifically referred to in this Agreement, such as coffee break, wash up time, etc. ARTICLE XXVII 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- f�rence 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 continous 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 XXVIII WORKERS COMPENSATION 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 Workman`s Compensation while on temporary disability: 1 2. Seniority shall continue to accrue. Longevity shall continue to accrue. 3. The Employer shall continue to pay that portion of the Hospital and Sur- gical Insurance premium, as provided for all employees in the collective bargaining agreement. -19- � . 4. The F.mpl_oyer shall continue to pay that portion of the Life Insurance premium as provided for all employees in the collective bargaining agree- ment. 5. 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 (1/3) day sick leave per day) at the employee's option. 6. The employee may choose holiday pay and/or vacation for which he is eli- gible under the collective bargaining agreement in lieu of Workman's Compensation at any time during the period of his disability. 7. 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 Workman's Compensation; which ever 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 �dorkman's Comp- ensation. 9. The Director of Personnel shall notify the employee when all vacation, holiday and sick leave benefits have been exhausted during the period of disability. 10. Employees receiving Workman's Compensation prior to April l, 1975 will not be subject to the restrictions of this policy. -20- ARTICLE XXIX DURATION This agreement shall be effective on Januar� l,_1977 and shall remain in full force and effect until and including December 311_1978, and shall be automatically renewed from year to year unless negotiations are insti_tuted under the provi_sion of this contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this CITY OF OSHKOSH CITY MANAGER ATTEST: CITY CLERK , day of , 19 by: -21- OSHKOSH CITY EMPLOYEES UNION LOCAL 796, AMERICAN FEDERATION OF STATE COUNTY, AND MUNICIPAL EMPLOYEES. LOCAL 796, PRESIDENT LOCAL 796, SECRETARY WCCME, REPRESENTATIVE , Addendum to the 1977 Municipal Contract between the City of Oshkosh and the Oshkosh City Employees Union, Tocal 796, AI'SOME, AFL-CIO. In conformity, with the tentative agreement reached between the parties licreto as a result of the negotiations held concerning wages, hours and con- ditions of emp]_oyment for the year 1977. Upon approval of the Common Council of the City of Oshkosh and the membership of the Oshkosh City F.mployees Union, Local 796, AFSCNIE. It is agreed, that effective January 1, 1978, the foregoing Employment Contract will be modified in the following manner: 1. The salary schedule will be modified by an increase of 37� an hour on each rate effective on the lst day of January, 1978. 2. The Employers contribution toward the employees share of the premium of the employees group health insurance policy will be the sole item open for negotiations in 1978. Negotiations for this item shall be instituted no later than October l, 1977. 3. In all other terms and respects, the aforesaid Employment Contract will be made as is reflected hereto except such modifications as may be made by virtue of agreement by and between the parties hereto. -22- 0 0 CLASS f3ridye Tender Laborer Greensman Groundsman Equipment Operator I Shop Maintenance Man Sewage Plant Maint. Man Sanitation Operator RNG 1 2 3 4 5 Water Maintenance Man I 6 Tree Trimmer Zookeeper Traffic Painter Equipment Operator II Meter Reader Water Plant Maint. Man Const. Crewman I Parks Maintenance Man Street Maintenance Man Water Maintenance Man II Sewer Maintenance Man Grounds Keeper 7 : t RATES EFFECTIVE: 1-1-77 FREQ. SPAN A 6 mo. 2 yr. Hr. 3.31 6 mo. 1 yr. Hr. 4.73 B�w• 378.00 Mo. 820.00 6 mo. 1 yr. Hr. 4.83 Biw. 386.00 Mo. 837.00 6 mo. 18 mo. Hr. 4.81 Biw. 385.00 Mo. 834.00 6 mo. 18 mo. Hr. 4.83 Biw. 386.00 Mo. 837.00 6 mo. 2 yr. Hr. 4.85 Biw. 388.00 Mo. 841.00 6 mo. 2 yr. Hr. 4.91 B�W• 393.00 Mo. 851.00 6 mo. 2 yr. Hr. 4.88 B�w• 390.00 Mo. 846.00 9 6 mo. 2 yr. Hr. 4.g6 B�W• 397.00 Mo. 860.00 6 mo. 2 yr. Hr. 4.90 Biw. 392.00 Mo. 849.00 � I� 6 mo. 2 yr. Automotive Serviceman 12 6 mo. 2 yr. Asst. Sewage Plt. Operator Asst. Solids Plt. Operator Hr. 4.91 B�w• 393.00 Mo. 851.00 Hr. 5,11 Biw. 409.00 Mo. 886.00 �B 3.34 4.85 388.00 841.00 4.95 396.00 858.00 4.89 391.00 848.00 4.91 393.00 851.00 4.91 393.00 851 . 00 4. 97 398.00 861.00 4.g4 395•00 856.00 5.02 402.00 870.00 4.97 398.00 861.00 4.99 399.00 865.00 5. 17 414.00 896.00 3. 38 4.98 398.00 863.00 5.08 406.00 881.00 4. 97 398.00 86�.00 �+.99 399.00 865.00 4.98 398.00 863.00 5.04 403.00 874.00 5.04 403.00 874.00 5.09 407.00 882.00 5.04 403.00 874.00 5.10 408.00 884.00 5.24 4�g.0o 908.00 D 3.42 5.08 406.00 88 � . o0 5.10 408.00 884.00 5.05 404.00 875.00 5.11 409.00 886.00 5.12 410.00 887.00 5.16 4i3.00 894. o0 5.17 414.00 896.00 5.24 4�g.00 908.00 5.31 425.00 920.00 E 3.54 5.13 410.00 889.00 5.19 415.00 900.00 5•20 416.00 901.00 5•24 419.00 908.00 5•31 425.00 920.00 5.37 430.00 93�.00 5•39 43i.00 934.00 CLASS RNG Public Works Cterk 13 Fquipment Operator III " Traffic Painter Leadman 14 Water Meter Serviceman Filtration Platn Oper. 15 Sewage Piant Operator Solids Plt. Operator Construction Crewman II 16 Maintenance We)der Sewage Plt. Maint. Mechanic Electrician I �] Sewage Plant Foreman Arborist Electrical Asst. 18 Chief Sewage Plt. Oper. 19 Equipment Mechanic 20 FREQ 6 mo 6 mo. 6 mo. 6 mo. 6 mo. 6 mo. 6 mo. 1 yr. Equipment Mech. Foreman 21 1 yr. Chief Sewage Plt. Maint. Mech. Electricial II City Electrician 22 1 yr. 23 1 yr. SPAN A _ B C D E 2 yr. Hr. 5.04 �5.12 5.21 5.32 5.45 Biw. 403.00 410.00 417.00 426.00 436.00 Mo. 874.00 887.00 903.00 922.00 945.00 2 yr. Hr. 5.02 5.10 5.13 5.36 5.51 Biw. 402.00 408.00 410.00 429.00 441.00 Mo. 370.00 884.00 889.00 929.00 955.00 2 yr. Hr. 5.11 5.20 5.30 5.41 5.53 Biw. 409.00 416.00 424,00 433.00 442.00 Mo. 886.0o gol.00 9�9.00 938.00 959.00 2 yr. Hr. 5.15 5.24 5.34 5.44 5.55 Biw. 412.00 419.00 427.00 435.00 444.00 Mo. 893.00 908.00 926.00 943.00 962.00 2 yr. Hr. 5.15 5.23 5-36 5.51 5.65 Biw. 412.00 418.00 429.00 441.00 452.00 Mo. 893.00 907.00 929.00 955.00 979.00 2 yr. Hr. 5.25 5.32 5.45 5.60 5.74 Biw. 420.00 426.00 436.00 448.00 459.00 Mo. 910.00 922.00 945.00 971.00 995.00 2 yr. Hr. 5.35 5.43 5.56 5.71 5.85 Biw. 428.00 434.00 445.00 457.00 468.00 Mo. 927.00 941.00 964.0o g90.00 1014.00 4 yr. Hr. 5.3� 5.45 5.59 5.75 5.92 Biw. 424.00 436.00 447.00 460.00 474.00 Mo. 919.00 945.00 969.00 997.00 1026.00 4 yr. Hr. 5.45 5.59 5.75 5.92 6.Og Biw. 436.00 447.00 460.00 474.00 487.00 Mo. 945.00 969.00 997.0o io26.00 �056.00 4 yr. Hr. 5.60 5.74 5.90 6.07 6.24 Biw. 448.00 459•00 472.00 486,00 499.00 Mo. 971.00 995.00 1023.00 �052.00 i082.o0 4 yr. Hr. 6.25 6.51 6.77 7.06 7.36 Biw. 500.00 521.00 542.00 565.00 589.00 Mo. 1083.00 1128.00 1173.00 1224.00 1276.00 /� �' c� t7 � � c-h (� � � � � a' m °`� � � � N � rn �' N � � � ;,� :,u � 0 cr W O � �-.� .. A� � y N• O rn a a 0 � � � � • m m � � � ' � 1 o � �--- � � � O U� 1-' � C � ct O I-� � O cr � � �� A� �' c� o �J ; } �, �.�i � � i�� ,� �, 0 � (D �d � a' N F� n � N O