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Home My WebLink About09232 ORDINANCE NO. 9232 AN ORDINANCE APPROVING AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES RELATING TO THE LENGTH OF THE PROBATIONARY PERIOD FOR EMERGENCY SERVICES DISPATCHERS AND VACATION ACCRUAL DURING SAID PERIOD 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 Acting 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 authorized and directed to perform any and all acts consistent with the intent of this Ordinance and the attached Amendment to effectuate the policies and procedures described therein. SECTION 4. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: February 12, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: February 26, 2018 City Clerk’s Office Item # R-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: February 12, 2018 TO: Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Robert P. Jagger, Senior Assistant City Attorney SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES RELATING TO THE LENGTH OF THE PROBATIONARY PERIOD FOR EMERGENCY SERVICES DISPATCHERS AND VACATION ACCRUAL DURING SAID PERIOD SUMMARY: Attached is a proposed Ordinance which would approve an Amendment to the 2018 collective bargaining agreement (“Labor Agreement”) between the City of Pueblo and the Pueblo Association of Government Employees (“Union”). PREVIOUS COUNCIL ACTION: The 2018 Labor Agreement was approved November 13, 2017 pursuant to Ordinance No. 9199 BACKGROUND: Pursuant to the requirement of Section 8-14, City Charter, City and Union negotiated the Labor Agreement which commenced January 1, 2018. The Labor Agreement was reduced to writing and signed by said parties pursuant to the requirements of Section 8-14(l) of the Charter, City of Pueblo, Colorado, but failed to include proposal number 2 dated May 9, 2017 negotiated and approved by the parties. The proposed Ordinance and related Amendment incorporates said proposal into the Labor Agreement. Said Amendment changes the probationary period for Emergency Services Dispatchers to nine (9) months and provides for forty hours of vacation credit upon successful completion of the initial six months of probation. FINANCIAL IMPLICATIONS: Minimal. Newly appointed Emergency Services Dispatchers will be credited with forty hours of vacation leave after successful completion of the initial six months of service. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Not passing the Ordinance. This action, however, may result in claims by the Union as the proposal set forth in the Amendment was part of the negotiated Labor Agreement. RECOMMENDATION: Pass and approve the proposed Ordinance. Attachments: Proposed Ordinance, Amendment AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT This Amendment to Collective Bargaining Agreement ("Amendment") is executed and entered into effective January 1, 2018, 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 the requirement of Section 8-14, City Charter, City and Union negotiated a collective bargaining agreement commencing January 1, 2018 ("Labor Agreement"); and WHEREAS, the Labor Agreement was reduced to writing and signed by said parties pursuant to the requirements of Section 8-14(1) of the Charter, City of Pueblo, Colorado, but failed to include proposal number 2 dated May 9, 2017 negotiated and approved by the parties. NOW, THEREORE, in consideration of the foregoing and the mutual promises contained herein, the parties agree as follows: 1. Sections 12.1, 12.2 and 12.3 are hereby amended to read as follows: Section 1. NEW HIRE. A newly hired employee other than an Emergency Services Dispatcher shall serve a probationary period of six (6) months from the date of his most recent initial appointment. For a newly hired employee in the classification of Emergency Services Dispatcher, the probationary period shall be nine (9) months from the date of his most recent initial appointment. Any probationary period may be extended for an additional period not to exceed six (6) months upon mutual agreement of the affected employee and Department Head. A newly hired employee will not be allowed to transfer during the probationary period. Section 2. PROBATION AFTER PROMOTION. A newly promoted employee other than an Emergency Services Dispatcher shall serve a probationary period in the higher level class for a period of six (6) months from the date of appointment to the higher class. For a newly promoted employee in the classification of Emergency Services Dispatcher, the probationary period shall be nine (9) months from the date of appointment to the higher class. Any probationary period may be extended for an additional period not to exceed six (6) months upon mutual agreement of the affected employee and Department Head. Newly promoted employees shall have their probationary period reduced by the amount of time, if any, spent during temporary duty in a higher class of a full shift or longer, in accordance with Article 15, Section 4, of this Agreement, when such temporary duty was in the class to which the employee was subsequently promoted. Only such temporary duty within the three (3) years preceding promotion shall be considered, and the maximum reduction of the probationary period shall be three (3) months. Section 3. PROBATION AFTER TRANSFER OR DEMOTION TO A POSITION NOT PREVIOUSLY HELD. An employee demoted into a position not previously held shall serve a probationary period of six (6) months from the date of the demotion; provided, however, an employee demoted into a position not previously held and within the Emergency Services dispatcher classification shall serve a probationary period of nine (9) months. An employee transferred into a position shall serve a probationary period of 90 days, provided that the employee and the Department Head may mutually agree to continue such probationary period for an additional 90 days. 2. Section 24.1 is amended to read as follows: Section 1. ENTITLEMENT. Every employee shall be allowed vacation leave with pay at the rate set forth in the following schedule: SERVICE REQUIRED ANNUAL ACCRUAL ACCRUAL RATE 0 -- 6 Months 0 Shifts 0 hours for each full month service * 7 months -- 60 months 12 Shifts (8 Hours) 8 hours for each full month service 61 months -- 120 months 15 Shifts (8 Hours) 10 hours for each full month service 121 months -- 180 months 18 Shifts (8 Hours) 12 hours for each full month service 181 months or more 21 Shifts (8 Hours) 14 hours for each full month service * Notwithstanding the above language, every employee other than an employee in the Emergency Services Dispatcher classification shall be credited with 40 hours vacation upon successful completion of the initial probationary period. An employee in the Emergency Services Dispatcher classification shall be credited with 40 hours vacation upon successful completion of the initial six months of service. 3. Each person signing this Amendment on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into, execute, and deliver this Amendment on behalf of such party and that this Amendment is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. 4. The Labor Agreement, as amended by this Amendment, shall remain in full force and effect. Executed and made effective as of the date first above written. CITY OF PU. : • PUEBLO ASSOCIATION OF / _ GOVERNMENTAL EMPLOYEES By: Arm By: - re ;:int • City Council I Z sident ATTEST: ATTEST: 4S(.1f1CCP 0,1/14cle Mchl City Clerk e etary