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HomeMy WebLinkAbout08776 ORDINANCE NO. 8776 AN ORDINANCE APPROVING AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES RELATING TO INJURY LEAVE AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment to the Collective Bargaining Agreement between the City of Pueblo and the Pueblo Association of Government Employees, 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 of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: September 8, 2014 BY: Ami Nawrocki COUNCILPERSON PASSED AND APPROVED: September 22, 2014 City Clerk’s Office Item # R-4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: SEPTEMBER 8, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Marisa Pacheco, Director of Human Resources SUBJECT: AN ORDINANCE APPROVING AN AMENDEMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES RELATING TO INJURY LEAVE AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: This Ordinance will approve an amendment to Section 2, Article 20 of the 2014 Pueblo Association of Government Employees (PAGE) Collective Bargaining Agreement regarding injury leave for an on-duty injury by extending the time frame in which an injured employee may use his/her paid injury leave entitlement from 12 months to 18 months from the date of injury whenever a surgery is required for said injury. Although this amendment extends the time period to utilize approved injury leave, it does not change the amount of paid leave granted, which is capped at one year of pay. PREVIOUS COUNCIL ACTION: City Council approved Ordinance No. 8671 on November 11, 2013, approving and enacting a one-year Collective Bargaining Agreement between the City of Pueblo and the Pueblo Association of Government Employees commencing January 1, 2014. BACKGROUND: During contract negotiations and again during the monthly Labor Management Initiative (LMI) meeting on June 26, 2014 between the City and PAGE, the union requested the City entertain extending the amount of time during which an injured employee is allowed to use available injury leave from one calendar year (12 months) to two years (24 months) if a surgery is medically required to treat the injury. Injury leave only applies to employees injured on the job. The request is not to add additional paid injury leave but rather to extend the calendar time during which an injured employee could use such paid injury leave. After consideration, the City Manager agreed to support an extension of the time period for paid injury leave usage to 18 months in cases where a surgery is required. The City Manager’s support is contingent upon City Council approval of a formal contract amendment. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: City administration met with the President and Vice President of PAGE during contract negotiations and again on June 26, 2014 regarding this matter. This action is being requested by the union and is brought forward with the support of the City Manager contingent upon City Council approving the ordinance to enact the contract amendment. ALTERNATIVES: Continue following existing provisions of the 2014 Collective Bargaining Agreement related to injury leave. RECOMMENDATION: Approval of this Ordinance. Attachments: Amendment to Collective Bargaining Agreement AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT This Amendment to Collective Bargaining Agreement ("Amendment") is executed this aY day of Au t , 2014, by and between the City of Pueblo, a municipal corporation (hereinafter referred to as the "City") and Pueblo Association of Government Employees (hereinafter referred to as 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 calendar year 2014 and a successor collective bargaining agreement commencing January 1, 2015 (collectively the "Labor Agreements"); and WHEREAS, the City and the Union desire to amend the Labor Agreements to extend the period in which injury leave may be available subject to qualifying conditions and limitations. NOW, THEREORE, in consideration of the foregoing and the mutual promises contained herein, the parties agree as follows: 1. Subsection Al of Section 2 of Article 20 of the Labor Agreements is amended to read as follows: Each employee covered by this Agreement who is injured while in the performance of his duties inside or outside the City limits shall be paid injury leave in a sum equal to the employee's full salary for the period of disability not to exceed one (1) calendar year from the date of the injury, except that an employee who undergoes surgery for such duty injury shall be entitled to a total of one year of paid injury leave during a period ending 18 months from the date of injury whenever he/she may be disabled and unable to work as a result of such a duty injury. Even though the period of time during such an employee who undergoes surgery for a duty related injury is 18 months from the date of such injury, the total amount of said injury leave to which an employee is entitled shall in no event exceed the sum equal to one year of such employee's full salary. Executed in Pueblo, Colorado as of the date first above written. CITY OF PUEBLO PUEBLO ASSOCIATION OF GOVERNMENTAL EMPLOYEES By: rtiiiCAA/A--91gap B President of City Council w Pr/ident ATTEST: ATTEST: Cityrk r Secretary