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HomeMy WebLinkAbout08719 ORDINANCE NO. 8719 AN ORDINANCE APPROVING AN AMENDMENT TO THE 2014 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES RELATING TO UNIFORM TREATMENT OF ENTRY LEVEL EMPLOYEES WHEN FILLING VACANCIES BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. The Amendment to the Collective Bargaining Agreement between the City of Pueblo and the Pueblo Association of Government Employees commencing January 1, 2014, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and enacted as an Ordinance. SECTION 2. The President of the City Council is authorized to execute and deliver the Amendment in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies described herein. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: _ March 24, 2014 BY: Chris Nicoll COUNCILPERSON PASSED AND APPROVED: April 14, 2014 City Clerk’s Office Item # R-3 REGULAR MEETING AGENDA ITEM COUNCIL MEETING DATE: March 24, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Marisa Pacheco – Human Resources Department SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO THE 2014 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES RELATING TO UNIFORM TREATMENT OF ENTRY LEVEL EMPLOYEES WHEN FILLING VACANCIES SUMMARY: The proposed amendment to the Pueblo Association of Government Employees (PAGE) Collective Bargaining agreement will allow Department Directors to interview a larger group of entry-level employee candidates in order to select the right candidate for their departmental vacancy. PREVIOUS COUNCIL ACTION: City Council approved the new classifications of Wastewater Reclamation Facility Worker and Wastewater Utility Worker in August 2013. The new classification of Airport Operations/Maintenance Worker was approved by City Council in December 2013. BACKGROUND: At present, the Collective Bargaining Agreement between the City of Pueblo and the Pueblo Association of Government employees stipulates a rule of five for the Clerk Typist, Emergency Services Dispatcher and Utility Worker entry-level employee classifications. The rule of five is used during the interview process, in which the interview panel is allowed to interview up to five candidates. Any other general services classification not included in the list above must follow the rule of three. The 2014 Collective Bargaining Agreement does not include the new classifications of Airport Operations/Maintenance Worker, Wastewater Reclamation Facility Worker and Wastewater Utility Worker that were approved by the Union and City Council within the past year. These new classifications currently follow the rule of three. In order for Department Directors to recruit, select, and hire the right candidates to fill their vacancies, it is requested that the new classifications be included as rule of five classifications in the 2014 Collective Bargaining Agreement. FINANCIAL IMPLICATIONS: Funding for authorized temporary and part-time positions has been appropriated with the approval of the 2014 Budget Ordinance. BOARD/COMMISSION RECOMMENDATION: The President of the Pueblo Association of Government Employees (PAGE) has signed the proposed agreement. STAKEHOLDER PROCESS: City Administration and members of the executive board of the Pueblo Association of Government Employees (PAGE) met on January 22, 2014 to discuss the proposal. Both parties agreed to the amendment. ALTERNATIVES: Without this Ordinance, the Collective Bargaining Agreement will stay as is and Department Directors at the Pueblo Memorial Airport and Wastewater Departments will have less entry-level employee candidates to interview and consider when selecting the right candidate for their vacancies. RECOMMENDATION: Approval of the Ordinance. PROPOSED MOTION: This Ordinance will be placed on the March 24, 2014 Consent Agenda for First Presentation, and on the April 14, 2014 Regular Agenda for Final Presentation and Public Hearing. Attachments: Amendment to PAGE Collective Bargaining Agreement AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT This Amendment to Collective Bargaining Agreement ( "Amendment ") is executed this AO day of fr,h . , 2014, by and between Pueblo, a municipal corporation (the "City ") and Pueblo Association of Government Employees (the "Union "). WHEREAS, pursuant to Article 8 of the Charter of the City, the City and the Union are parties to a Collective Bargaining Agreement, for the period commencing January 1, 2014 and ending December 31, 2014 (the "Labor Agreement "); and WHEREAS, the City and the Union desire to amend the Labor Agreement to treat entry level positions of Wastewater Utility Worker, Water Reclamation Facility Worker, and Airport Operations/Maintenance Worker the same as other entry level positions such as Clerk Typist, Utility Worker and Emergency Services Dispatcher. NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the parties agree as follows: 1. Section 7.11 of the Labor Agreement is amended to read as follows: Section 11. TRANSFERS AND PROMOTIONS. When filling vacancies, the City shall consider for transfer employees within the same class. The City will post notices of vacancies for ten (10) calendar days, and will place a copy of the notice in the union mailbox in the City Clerk's office. Employees who file with the City written requests for consideration to transfer to vacancies that have been posted shall be considered; however, no such request shall be considered until all employees with applicable reinstatement or bumping rights have been accommodated. If a position is not filled through reinstatement, demotion, reemployment or transfer, the City shall fill the position from a civil service eligible list in the following manner: (a) The Director shall forward a copy of the appropriate class specification to the Civil Service Commission, with a request for certification of the names of the three highest ranking persons on the appropriate eligible list; provided that in case of recruitment for an entry level position including Wastewater Utility Worker, Water Reclamation Facility Worker, Airport Operations /Maintenance Worker, Clerk Typist, Utility Worker, or Emergency Services Dispatcher, the Director shall request a certification of the names of the five highest ranking persons on the appropriate eligible list. (b) The Director may also request from the Commission further information relating to the persons certified and to their application, examination or certification process. (c) Removal and certification of next highest eligible. (1) If any person certified pursuant to above subsection (a) or otherwise hereunder, fails to accept appointment to the position or fails to appear for an employment interview, that person shall be removed from the list and the name of person next highest on the eligible list shall be certified. Pursuant to the requirements of Civil Service Rule 31, the Civil Service Commission may retain on the eligible list the name of a person who refused an appointment or failed to appear for an employment interview only upon that person's timely request and for just cause. (2) If any person certified pursuant to above subsection (a) or otherwise hereunder declines an employment interview, that person shall be removed from the list and the name of the person next highest on the eligible list shall be certified. Except for the entry level positions of incl uding Wastewater Utility Worker. Water Reclamation Facility Worker. Airport Operations /Maintenance Worker, Clerk Typist, Utility Worker, and Emergency Services Dispatcher and pursuant to the requirements of Civil Service Rule 31, the Civil Service Commission shall retain on the list the name of a person who declines an employment interview upon that person's timely request. Irrespective of whether such person is retained on the list, the next highest eligible on the appropriate list shall be certified if requested by the Director. With respect to the entry level positions of including Wastewater Utility Worker, Water Reclamation Facility Worker, Airport Operations /Maintenance Worker, Clerk Typist, Utility Worker, and Emergency Services Dispatcher and pursuant to the requirements of Civil Service Rule 31, the Civil Service Commission may retain on the eligible list the name of a person who declines an employment interview only upon that person's timely request and for just cause. (3) The Director may request removal from the list of the name of a person who does not otherwise qualify for or meet a requirement of the position. The Civil Service Commission shall grant such request and certify the name of the next highest ranking eligible on the list, if the person so removed does not actually qualify or meet requirements. (d) If more than one vacancy is to be filled from an eligible list, the Director may request certification of an additional name for the second and each subsequent vacancy. (e) If less than three names appear or remain on an eligible list, not including persons retained on the list pursuant to above subsection (c), the City Manager may either request that the Commission establish a new eligible list, or may accept a certification of less than three names; provided that in the case of a recruitment for entry level positions including Wastewater Utility Worker, Water Reclanmation. Facility Worker, Airport Operations /Maintenance Worker, Clerk Typist, Utility Worker or Emergency Services Dispatcher, the City Manager may request a new eligible list if less than five names remain on the existing list, or may accept a certification of less than five names. (f) If a person certified for appointment from an eligible list is rejected or passed over twice the City Manager may request removal of the person from that eligible list. The Civil Service Commission may deny such request upon the basis of the person's qualifications. (g) After a certification, the Director shall select a committee of at least three (3) persons to evaluate the persons certified. No member of the bargaining unit shall be allowed or required to serve as a member of the committee. Not more than one (1) member of a division of a department may be a member of the committee. (h) After consultation with the involved department or bureau head and the committee, the Director shall forward the names of all persons certified and recommendations to the City Manager, who shall make the final appointment. (i) The City shall notify each eligible certified for a vacancy of the appointment and the appeal rights available hereunder. If not appointed, the highest ranking eligible for each vacancy may appeal his rejection to the Civil Service Commission by filing a written notice of appeal within seven (7) days after receipt of the notice of appointment. The Commission shall hear the appeal within five (5) days of the filing of the notice of appeal. The City and the individual appointed shall also be notified of the hearing and be given an opportunity to be heard. The person filing the appeal shall have the burden of proving that the City Manager's appointment was arbitrary, capricious or a clearly unwarranted abuse of discretion. If the Commission sustains the appeal, the appointment shall be vacated and the appellant shall be appointed to the position by the City Manager pursuant to the decision of the Commission retroactive to the date of the original appointment. (j) The Commission shall render its decision within five (5) days after the hearing which shall be final and binding subject only to judicial review pursuant to Rule 106, CRCP. (k) Regardless of length of service or seniority, employees inside or outside of the bargaining unit shall be limited to a maximum of ten (10) seniority points on all civil service entry level or promotional examinations. Classes within the bargaining unit shall be either closed classes, which are open only to members of the bargaining unit, or classes that may be closed, or open to all applicants, as determined by the City Manager. Classes that are closed classes are listed in Appendix B. Classes that may be closed or open are listed in Appendix C. Civil Service examinations for all classes in Appendix B shall be open only to employees within the bargaining unit who meet the qualifications for such classes. If the Civil Service Commission, after announcement of an examination and acceptance of applications for a class in Appendix B, determines that there are no qualified employee applicants available, the Commission may open such examination to non - employee applicants. If the City Manager determines that a class in Appendix C is to be a closed class, examinations for such a class shall be conducted in accordance with the preceding paragraph. If the City Manager determines that a class in Appendix C is to be an open class, examinations for such a class shall be open to all applicants. 2. The amendment to Subsection 7.11(a) shall apply to all eligible lists certified after the date of execution and enactment of this Amendment by Ordinance. All other provisions of this Amendment shall otherwise become effective on the date of execution and enactment of this Amendment by Ordinance. Executed in Pueblo, Colorado as of the date first above written. CITY OF PUEBLO PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES B )/ • 14 1,4 . A _..L41 By 10 L..4 President of City Coun Pre dent /1--(4a- ATTEST: ATTEST: City Jerk Secretary