HomeMy WebLinkAbout27265 / 74-10a
OCT 3 1974
k 10 RESOLUTION
WHERE115, the Ci.ty of Oshkosh has been negotiating with
representatives o£ Local 736, AFSCC7E, AFL-CIO, oshkosh City
Employees Union, and
WHLREAS, the conclusions of said negotiations have been
reduced to the attached agreement,
NOW, TIIrREPORE, EE IT RL•'SOLVED by the Common Council of the
City of Oshkosh that the proper city officials are hereby authorized
and directed to enter into the aY,tached agreement with the Oshkosh
City Er�ployees Qnion Local 796, AFSCME, AFL-CIO for the 1975 an1
� 1976 calendai- ye�rs.
APPROVED
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� • � • i� � • n•�a� ia
CITY �' OSHKOSH
•1V�
OSEIICOSH CITY FS�LOYEFS UNICN,
r`rnr 796, AF�tE, AFfrCIO
Janua�.y 1, 1975 - Dec�nter 31, 1976
AKPIC[.E
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II
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VII
VIII
I7S
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XI
XII
XIII
XN
}CN
XVI
XVII
XVIII
XIX
XX
XXI
}IXIi
xxiii
XXIV
74C�7
X}CVI
XXVII
}IXVIII
Managment RightS . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reca�gniti�i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rules aId Regulatiotvs . . . . . . . . . . . . . . . . . . . . . . . . .
Negotiations . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Conduct of Business . . . . . . . . . . . . . . . . . . . . . . . . . .
Pxd�ationazy arrl Fhploynent Status . . . . . . . . . . . . . . . . . .
Gni ority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Suspension - Derotion - DischarcTe . . . . . . . . . . . . . . . . . . .
Safety and Sartitation . . . . . . . . . . . . . . . . . . . . . . . . .
Noxmal Nbrk Week, Noxmal Fbrk Day, Nox�l Work Schedule. .......
Pay Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Call In Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Authorized Absence . . . . . . . . . . . . . . . . . . . . . . ' ' ' '
U�utliorized Absence . . . . . . . . . . . . . . . . . . . . . . . . .
InSU[ance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
'i�xmination of F�plqment . . . . . . . . . . . . . . . . . . . . . . .
NeaJobs - Vacancies . . . . . . . . . . . . . . . . . . . . . . . . .
Grievance Pmcedure . . . . . . . . . . . . . . . . . . . . . . . . . .
Dues Deducti�s . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . .
Uni� Hulletin Board . . . . . . . . . . . . . . . . . . . . . . . . .
Reo[xnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Retixanent Elud . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Meal Alloaance . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Iqngevity Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Maintenanoe of Henefits . . . . . . . . . . . . . . . . . . . . . . . .
Strikes and Lockouts . . . . . . . . . . . . . . . . . . . . . . . . .
Duration . . . . ' ' ' ' ' . . . . . . . . . . . . . . . . . . . . . .
Salazy
A�3endim
PPGE
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,� :.
A G R E E M E N T
THIS AGREEMENT IS entered into to be effective on Januasy 1,
1975, 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
MANAC,EMENT 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
She Employer recognizes the Union as the exclusive collective
bargaining representative for the purposes of conferences and
negotiations with the Employer or its lawfully recognized representatives,
on questions of wages, hours and conditions of employment, for the
Unit of representation, consisting o£ 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 professionals.
The Employer agrees not to discharge nor to discriminate
against any employee for membership in the Union or because of
Union activities and in the event an employee is discharged or
discriminated against shall reinstate and/or make restitution to
such employee, if 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
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initated at the level of their origin. All 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
reqvesting negotiations shall notify the other party in writing of
its request 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 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 neqotiations 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.
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Susiness agents or representatives of the Union having bus-
iness 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
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 hereinafter provided.
Continued employment beyond the probationary period above
noted is hereby defined as evidence of satisfactory completion of
probation.
A permanent employee is hereby defined as a person hired to
£ill a full time or part time position in the Table of Organization.
A seasonal employee is one who is a permanent employee 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 oE 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 96th calendar day
of his employment for the difference between the rate of pay of a
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temporary employee and. that of a permanent �ei>onal employee.
Shonld a temporary emp].opee who has been seF•arated be re-employed
i-n *_he same or kindred occupation within three (3) months of his
separa*_ion. �is firs��`_ 45 calendar days of enploynent including the
previous period =_mployed. as a temporary employe° shall be considered
his probationary peri.o�=., and upon complet:so� �= said first 45
calend.ar ceigs he she.11 he reclassified e.s a p�rmanent seasonal
enplcLL:ec; and shall 'ae compene�ated at the rate of a permanent
emp 1^�re.e .
7reter records i_��dicating the status of each employee shall be
comp!.e'_ed at the tme ��f emplovment and a cony of such status
recorr, shaj.l be pro�-i.3ed the employee and the tinion.
ARTICLE VII
SENIORITX
^h^ enoloyer ac�te��& to the seniority principle.
Seniori.ty shalJ. be established for each employee and shall
cons�.et of '�he total calendar time elapsed since the date oi his
employmeat. Senior-i*7,� rights terminate upon discharge or quitting.
A seni.ority list sha11 be posted in each department section,
lisr;_ng the seniori':�� of the employees in each section.
Seniority shal'. Je established separately within each division.
In the event o� lack of work or lack of funds, employees shall
be ].aid-ofE in inve-se order to the length of service and the last
emp'-oyee l.aid-off s�`iall be the first to be called back from such
lay--off. �
Permanent empl�y�es shall not be subject to layoff until all
temporary and probationary employees in the section involved are
first laid-off.
If a lay-off �inder consideration is to be reduction-in-force
lay-off, the Emploz,Pr shall give the Union 60 days notice on per-
manent 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 suspension for cause
shall exceed 30 calendar days.
b. Suspension during an investiaation: 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. She suspension shall
terminate within ten days after completion o£ 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 full for all loss
pay after the suspension and for purposes of employee
benefits and seniority, the suspension will be considered
not to have taken place.
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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 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 wirtten notice to his steward and his department head
within five working days a£ter 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 shall
be valid for a two (2J year period, provided no additional infrac-
tions occur. In the event additional infractions occur that
violation and the original vi.olation are in effect for Three (3)
years from the date of the second warning.
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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 all employees shall comply with the
employer's safety rules and regulations.
There shall be an employer-employee safety committee whose
purpose shall be to develop and maintain a safety program for the
Public Works Department and Parks Department.
ARTICLE X
NORMAL WORR WEEK, NORMAL WORK DAY AND NORMAL WORK SCHEDULE
The normal work week shall be £orty hours, Monday through
Friday. The normal work day shall be eight (B) 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 Crew
f. Electrical Division
g. Forestry Division
The Sewage and Water Plant operation shall work a£orty (40)
hour work week, as per mutually agreed to schedule.
GOLF COURSE�: Full time permanent 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: City 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.
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SANITATION DIVISION: (Waste Collection only) Waste Collection
Routes shall maintain the present route system. Any change in
routes shall be by mutual agreement, between the employees 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 employee 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 29 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 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 necessary 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 29
hour notice period, but neither shall the�employer adjust the
working hours after emergency conditions (e.g. to less than 6 hours
per day) so as to deny employees legitimate overtime.
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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. �
The employer shall endeavor to maintain stability of employ-
ment throughout the year.
ARTICLE XI
PAY POLICY
Employees shall be compensated within the pay ranges set forth
in the classification and pay plan of the employer and in accor-
dance 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.
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 (1�) the employees regular rate of pay, in compliance
with the Fair Labor Standards Act, as amended. The principal of
seniority may apply on a rotating basis, within a division and the
specific classification required to perform overtime work.
PAY DAYS: All payroll checks will be available at 8:00 a.m.
on regularly scheduled pay days.
COMPENSATORY TIME: All compensatory time on the books, as o£
December 31, 1965 and May 1, 1979, will remain and may be taken off
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on a straight time ratio and any balance will be paid upon retire-
ment 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 (1�,) after
thirty-two (32) hours actually worked for those employees on a
forty (40) hour work week. Employees working a schedule of more
than £orty (90) hours per week shall receive time and one half
(1'�) 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 (1'�).
Shift Differential: work performed between the hours of
6:00 P.M. and 6:00 A.M. shall be subject to a ten cent ($.10) per
hour premium, excluding those employees regularly assigned to
shifts. The ten cents ($.10) per hour shift di£ferential 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: SC per hr. on 2nd shift, lOC 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
(1'�) 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 29 hour notice shall be waivered.
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ARTICLE XIII
AUTHORI2ED ABSENCE
Vacations: All regular employees shall be entitled to vaca-
tion leave with pay at their classification rate of pay during
calendar year following their anniversary date of employment based
upo❑ the following 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 (Sth) week of vacation on a pro-
rated basis.
Subject to the staffing requirement of the employer, the em-
ployee 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 em-
ployer 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 completion 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 followinq basis:
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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.
Unused sick leave credits shall accumulate to a maximum of one
hundred and thirty-two (132) work days. Employees qualified to
receive sick leave compensation shall receive such compensation at
the rate of their regularly scheduled hour's pay at the employee's
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 con-
firmed by a physician. In order to qualify for a sick leave payment
an employee must:
a. Report prior to the start of each word 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 certi£icate 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, o£ 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
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advised, in writing, that all future requests for sick leave, must
be supported by a medical certificate. This requirement will be
periodically reviewed with the employee, at 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.
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 Insurance will be
paid. In the event that the employee shouls 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, (spause, 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 of the
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�£uneral, 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. 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 applv.
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 (29) hours notice
and approval of the immediate supervisor. Half day holidays are to
be computed as four (4) hours.
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 and after
the defined holiday unless such employee is on authorized leave of
absence or in cases of proven illness reported to the division or
department head prior to the start of the day.
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.
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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 (9) or more day duration
must be approved by the Department Head on a Fersonnel form
copy of which shall be given to the employee and personnel dir-
ector.
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.
ARTICLE XV
INSURANCE
Hospitalization and Medical Benefits:�� The employer shall pay
up to $57.00 per month per employee towards the premium of the
employees group policy.
-16-
Life Insurance: The employer shall pay up to $5.00 per month
per employee towards the premium of the group life insurance policy.
ARTICLE XVI
TERMINATION OP EMPLOYMENT
, The employer shall pay all monies due employees upon the
termination of employment and shall furnish such employee with a
statement of employment if requested to do so by such employee, if
the employee's record has been satisfactory.
ARTICLE 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 person�el when the
job continues to exist in the Table of Organization. A steward
shall be present during interviews with employees seeking pro-
motions.
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 com-
pletion 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.
-17-
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.
ARTICLE XVIII
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 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 supervisor, who may call higher
level supervisors i_nto the discussion. If 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 shall be presented in wri.ting to
the divisio❑ head, and a copy sent to the per-
sonnel 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 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 with-
in (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. The grievance shall be presented by letter to
the City Manager. If it is not resolved at
this level within (ten) 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
£ive (5) working days of completion of Step Four
(9), the grievance shall be submitted to Arbitration,
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 Chair-
man 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.
Pay owed an employee dating from a disciplinary action in-
volving pay (e.g. suspension, demotion, termination) shall be re-
instated 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 subject of discussion for the record.
The Union shall determine the composition of the Grievance
Committee of the Union.
-19-
' ARTICLE XIX
DUES DEDUCTIONS
The Union, as the exclusive representative of all the employees
in the bargaining unit, will represent all such employees, union
and non-union, fairly and equally, and all employees in the unit
will be required to pay, as provided in this article, their proportionate
share of the costs of representation by the Union. No employee
shall be required to join the union, but membership in the union �
shall be made available to all employees who apply consistant with
the union constitution and by-laws. No employee shall be denied
union membership because of race, creed, color or sex.
The employer agrees that effective 1 January 1973, it will
dedUCt from the monthly earnings of all employees in the collective
bargaining unit the amount of $6.00 per month, such amount being
the monthly dues certified by the Union as the current dues uni-
formly 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 cer-
tified by the Union 30 days before the effective date of the
change.
As to new employees, such deduction shall be made from the
first paycheck following the first (1) day of completion of their
probationary 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, regu-
lations or statutes.
_Zp_
In the event any clause or portion of this agreement is in
conflict 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 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; negotiations 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 £ive per cent (58) of the employees
manditory contribution.
ARTICLE XXIV
MEAL ALLOWANCE
The employer will provide a meal allowance of one dollar
($1.00) for employees performing emergency and snow removal work
exceeding four (4) hours duration.
ARTICLE XXV
LONGEVITY PLAN
The following longevity plan is to be put into effect Jan-
uary 1, 1973.
-21-
S 2.77 bi-weekly after 5 years of service.
$ 5.54 bi-weekly after 10 years of service.
$ 9.23 bi-weekly after 15 years of service.
$12.92 bi-weekly after 20 years of service.
ARTICLE XXVI
MAINTENANCE OF BENEFITS
The Employer agrees to maintain 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
STRIRES AND LOCKOUTS
The Union agrees that there shall be no picketing, strikes,
sympathetic strikes or sit-downs for any reason whatsoever, or any
other work interruption or interference with the affairs of the
City of Oshkosh during the term of this Agreement, by any officers
or members. The City of Oshkosh agrees that there shall be no
lockout during the life of the Agreement, it being the mutual
desire of the parties to provide for uninterrupted and 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.
s�.a
ARTICLE XXVIII
DURATION
This agreement shall be effective on January 1, 1975 and shall
remain in full force and effect until and including December 31, 1975,
and shall be automatically renewed from year to year unless negotia-
tions are instituted under the provision of this contract.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on this , day of , 19 by:
CITY OF OSHROSH OSHKOSH CITY EMPLOYEES UNION LOCAL
796, AMERICAN FEDERATION OE STATE
COUNTY, AND MUNICIPAL EMPLOYEES.
CITY MANAGER LOCAL 796, PRESIDENT
ATTEST:
LOCAL 796, SECRETARY
CITY CLERK
WCCME, REPRESENTATIVE
-23-
Bridge Tender
Laborer
Greensman
Groundsman
Scale Clerk
Incinerator Floorman
Equipment Operator I
Shop Maintenance Man
Sani[ation Operator
RATES
EFFECTIVE: 1-1-75
1 6 mo. 2 yr. Hr.
2 6 mo. 1 yr. Hr.
Biw.
Mo.
3 6 mo. 1 yr. Hr.
Biw.
Mo.
4 6 mo. 18 mo. Hr.
Biw.
Mo.
5 6 mo
Watex Maintenance Man I 6 6 mo
Tree Tri�er 7 6 mo
Const. Crewman I
Traffic Painter
Equipment Operator II
Sewage Plant Maintenance Man
Incinerator Floater
Meter Reader 8 6 mo
Water Plant Maintenance Man 9 6 mo
Parks Maintenance Man 10 6 mo
Stxeet Maintenance Man
Water Maintenance Man II
Grounds Keeper 11 6 Mo
Automo[ive Serviceman 12 6 mo.
2.62 2.65 2.69 2.73
4.04 4.16 4.29
323.00 333.00 343.00
700.00 721.00 744.00
4.14 4.26 4.39
331.00 341.00 351.00
718.00 738.00 761.00
4.12 4.20 4.28 4.39
330.00 336.00 342.00 351.00
714.00 728.00 742.00 761.00
2.85
18 mo. Hr. 4.14 4.22 4.30 4.41
Biw. 331.00 338.00 344.00 353.00
Mo. 718.00 731.00 745.00 764.00
2 yr. Hr. 4.16 4.22 4.29 4.36 4.44
Biw. 333.00 338.00 343.00 349.00 355.00
Mo. 721.00 731.00 744.00 756.00 770.00
2 y�. Hr. 4.22 4.28 4.35 4.42 4.50
Biw. 338.00 342.00 348.00 354.00 360.00
Mo. 731.00 742.00 754.00 766.00 780.00
2 yr, Hr. 4.19 4.25 4.35 4.43 4.51
Biw. 335.00 340.00 348.00 354.00 361.00
Mo. 726.00 737.00 754.00 768.00 782.00
2 yr. Hr: 4.27 4.33 4.40 4.47 4.55
Biw. 342.00 346.00 352.00 358.00 364.00
Mo. 740.00 751.00 763.00 775.00 789.00
2 yr. Hr. 4.21 4.28 4.35 4.48 4.62
Biw. 337.00 342.00 348.00 358.00 370.00
Mo. 730.00 742.00 754.00 777.00 SO1.00
2 yr. Hr. 4.22 4.30 4.41 4.55 4.68
Biw. 338.00 344.00 353.00 364.00 374.00
Mo. 731.00 745.00 764.00 789.00 B11.00
2 yr. Hr. 4.42 4.48 4.55 4.62 4.70
Biw. 354.00 358.00 364.00 370.00 376.00
Mo. 766.00 777.00 789.00 801.00 B15.00
-24-
CLA55 RNG. FREQ. SPAN A B C D E
Public Works Clerk 13 6 mo. 2 yr. Hr. 4.35 4.43 4.52 4.63 4.76
Equipment Operator III Siw. 348.00 354.00 362.00 370.00 381.00
Furnace Operator Mo. 754.00 768.00 783.00 803.00 825.00
Crane Operator
Traffic Painter Leadman 14 6 mo. 2 yr. Hr. 4.33 4.41 4.44 4.67 4.82
Tree Service Crew Leader Biw. 346.00 353.00 355.00 374.00 386.00
Water Meter Serviceman Mo. 751.00 764.00 770.00 809.00 835.00
Filtration Plant Operator 15 6 mo. 2 yr. Hr. 4.42 4.51 4.61 4.72 4.84
Sewage Plant Operator Biw. 354.00 361.00 369.00 378.00 387.00
Construction Crewman II
Main[enance Welder
Electrician I
Sewage Plant Foreman
Electrical Asst
16 6 mo. 2 yr
17 6 mo. 2 yr
18 6 mo. 2 yr.
Filtration Plant Foreman 19 6 mo. 2 yr.
Equipment Mechanic 20 1 yr. 4 yr.
Equipment Mechanic Foreman 21 1 yr. 4 yr.
Electrician II
22 1 yr. 4 yr
City Electrician 23 1 yr. 4 yr
Mo.
Hr.
Biw.
Mo.
Hr.
Biw.
Mo.
Hr.
Biw.
Mo.
Hr.
Biw.
Mo.
Hr.
Biw.
Mo.
Hz.
Biw.
Mo.
Hr.
Biw.
Mo.
Hr.
Biw.
Mo.
-25-
766.00 782.00 799.00 818.00 839.00
4.46 4.55 � 4.65 4.75 4.86
357.00 364.00 372.00 380.00 389.00
773.00 789.00 806.00 823.00 842.00
4.46 4.54 4.67 4.82 4.96
35J.00 3fi3.00 374.00 386.00 397.00
773.00 787.00 809.00 835.00 860.00
4.56 4.63 4.76 4.91 5.05
365.00 370.00 381.00 393.00 404.00
790.00 803.00 825.00 851.00 875.00
4.66 4.74 4.87 5.02 5.16
373.00 379.00 390.00 402.00 413.00
808.00 822.00 844.00 870.00 894.00
4.61 4.76 4.90 5.06 5.23
369.00 381.00 392.00 405.00 418.00
799.00 825.00 849.00 877.00 907.00
4.76 4.90 5.06 5.23 5.40
381.00 392.00 405.00 418.00 432.00
825.00 849.00 877.00 907.00 936.00
4.91 5.05 5.21 5.38 5.55
393.00 404.00 417.00 430.00 444.00
551.00 B75.00 903.00 933.00 962.00
5.56 5.82 6.08 6.37 6.67
445.00 466.00 486.00 510.00 534.00
964.00 1010.00 1053.00 1305.00 1157.00
RATES
EFFECTIVE: 1-1-76
CLASS RNG. fREQ. SPAN A B C D E
Bridge Tender 1 6 mo. 2 yr. Hr. � 3.02 3.05 3.09 3.13 3.25
Laborer 2 6 mo. 1 yr. Hr. 4.44 4.56 4.69
Greensman Biw. 355.00 365.00 375.00 .
Mo. 770.00 790.00 813.00
Groundsman 3 6 mo. 1 yr. Hr. 4.54 4.66 4.79 .
Biw. 363.00 373.00 383.00
Mo. 787.00 808.00 830.00
Scale Clerk 4 6 mo. 18 mo. Hr� 4.52 4.60 4.68 4.79
Incinerator Floorman Biw. 362.00 366.00 374.00 383.00
Equipment Operator I Mo. 783.00 �797.00 811.00 830.00
Shop Maintenance Man
Sanitation Operator 5 6 mo
Water Maintenance Man I 6 6 mo
Tree Trimmer 7
Const. Crewman I
'Crafiic Painter
Gquipment Operator II
Sewage Plant Maintenance Man
Incinerator Floater
Meter Reader 8
Water Plant Maintenance Man 9
Parks Main[enance Man
Stree[ Maintenance Man
lda[er Maintenance Man II
Crounds Keeper
Automotive Serviceman
6 mo
18 mo. Hr.
Biw.
Mo.
2 yx. Hr.
Biw.
Mo.
2 yr. Hr.
Biw.
Mo.
6 mo. 2 yr. Hr.
Biw.
Mo.
6 mo. 2 yr. Hr.
Biw.
Mo.
10 6 mo. 2 yr. Hr.
Biw.
Mo.
11 6 Mo. 2 yr. Rr.
Biw.
Ma.
12 6 mo. 2 yr. Hr.
Biw.
Mo.
Q�
4.54 4.62 4J0 4.81
363.00 370.00 376.00 385.00
787.00 80I.00 815.00 834.00
4.56 4.62 4.69 4.76 4�.84
365.00 370.00 375.00 361.00 387.00
790.00 SO1.00 813.00 825.00 839.00
4.62 4.68 4.75 4.82 4.90
370.00 374.00 380.00 386.00 392.00
801.00 811.00 823.00 835.00 849.00
4.59 4.65 4 JS 4.83 4.51
367.00 372.00 380.00 386.00 393.00
796.00 806.00 823.00 837.00 851.00
4.67 4.73 4.80 4.87 4.95
374.00 378.00 384.00 390.00 396.00
809.00 820.00 832.00 844.00 858.OQ
4.61 4.68 4.75 4.88 5.02
369.00 374.00 380.00 390.00 402.00
799.00 811.00 823.00 846.00 870.00
4.62 4.70 4.81 4.95 5.08
370.00 376.00 385.00 396.00 406.00
801.00 815.00 834.00 558.00 881.00
4.82 4.88 4.95 5.02 5.10
386.00 390.00 396.00 402.00 408.00
835.00 846.00 858.00 870.00 884.Op
�
CLASS R*IG. FAEQ. SPAN A 8 C D E
Public Works Clerk 13 6 mo. 2 yr. Hr. 4.75 4.83 4.92 5.03 5.16
Equipment Operator IIL Biw. 380.00 386.00 394.00 402.00 413.00
Fucnace Operator Mo. 823.00 837.00 853.00 872.00 894.00
Crane Opera[or
Traffic Paintec Leadman 14 6 mo. 2 yr. Hr. 4.73 4.81 � 4.84 5.07 5.22
Tree Service Crew Leader Biw. 378.00 385.00 387.00 406.00 418.00
Water Meter Serviceman Mo. 820.00 834.00 839.00 879.00 905.00
Filtration Plant Operator 15 fi mo. 2 yr. Hr. 4.82 4.91 5.01 5.12 5.24
Sewage Plant Opera[or Biw. 386.00 393.00 401.00 410.00 419 00
Cons[ruction Crewman II 16 6 mo. 2 yr
Maintenance Welder
Electrician I
Sewage Plant Foreman
ELectrical Asst
17 6 mo. 2 yr.
18 6 mo. 2 yr.
Fil[ration Plant Foreman 19 6 mo. 2 yr.
Equipment Mechanic 20 1 yr. 4 yr
Equipment Mechanic Foreman 21 1 yr. 4 yr
Electrician II
City Electrician
22 1 yr. 4 yr
23 1 yr. 4 yr
_2�_
Mo. 835.00 851.00 868.00 887.00 908.00
Hr. 4.86 4.95 5.05 5.15 5.26
Biw. 389.00 396.00 404.00 412.00 421.00
Mo. 842.00 858.00 875.00 893.00 912.00
Hr. 4.86 4.94 5.07 5.22 5.36
Biw. 389.00 395.00 406.00 418.00 429.00
Mo. 842.00 856.00 879.00 905.00 929.00
Hr. 4.96 5.03 5.16 5.31 5.45
Biw. 397.00 402.00 413.00 425.00 436.00
Mo. 860.00 872.00 894.00 920.00 945.00
Hr. 5.06 5.14 5.27 5.42 5.56
Biw. 405.00 411.00 422.00 434.00 445.00
Mo. 877.00 891.00 913.00 939.00 964.00
Hr. 5.01 5.16 5.30 5.46 5.63
Biw. 401.00 413.00 424.00 437.00 450.00
Mo. 868.00 894.00 919.00 946.00 9�6.00
Hr. 5.16 5.30 5.46 5.63 5.80
Biw. 413.00 424.00 437.00 450.00 464.00
Mo. 894.00 919.00 946.00 976.00 1005.00
Hr. 5.31 5.45 5.61 5.78 5.95
Biw. 425.00 436.00 449.00 462.00 476.00
Mo. 920.00 945.00 972.00 1002.00 1031.00
Hr. 5.96 6.22 6.48 6.77 7.07
Siw. 477.00 498.00 518.00 542.00 566.00
Mo. 1033.00 3078.00 1123.00 1173.00 1225.00
Addendum to the 1975 Municipal Contract between the City of
Oshkosh and the Oshkosh City Employees Union, Local 796,
AFSOME, AFL-CIO.
In conformity, with the tentative agreement reached
between the parties hereto as a result of the negotiations
held concerning wages, hours and conditions of employment
for the year 1975.
Upon approval of the Common Council of the City of
Oshkosh and the membership of the Oshkosh City Employees
IInion, Local 796, AFSOME.
It is agreed, that effective January 1, 1976, the
foregoing Employment Contract will be modified in the
£ollowing manner:
1. The salary schedule will be modified by an increase
of 40C an hour on each rate effective on the lst day
of January, 1976.
2. The Employers contribution toward the employees
share of the premium of the employees group health
insurance policy will be increased a maximum of
$3.00 per month ($60.00).
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.
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