HomeMy WebLinkAbout06110ORDINANCE NO. 6110
AN ORDINANCE APPROVING A COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND PUEBLO ASSOCIATION OF GOVERNMENT
EMPLOYEES, FOR THE CALENDAR YEAR 1997
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO that:
The Collective Bargaining Agreement to be entered into August
26, 1996, between the City of Pueblo, a Municipal Corporation and
Pueblo Association of Government Employees, for the calendar year
1997, the original of which is on file in the office of the City
Clerk, is hereby approved.
SECTION 2
The President of the City Council is authorized and directed
to execute the Agreement for and on behalf of the City of Pueblo and
the City Clerk is directed to affix the seal of the City thereto and
attest same.
INTRODUCED: _&aust 12, 1996
BY Al Gurule
COUNCIL PERSON
APPROVED:
ATTEST:
PRES7IINT OF THE TY COUNCIL
TY CLERK
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CITY OF PUEBLO
��1�
PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES
COMMENCING JANUARY 1, 1997
TABLE OF CONTENTS
ARTICLE PAGE
PREAMBLE.
1
DEFINITIONS.
1
ARTICLE
1.
RECOGNITION
2
ARTICLE
2.
UNION SECURITY - DUES DEDUCTIONS
3
ARTICLE
3.
MANAGEMENT RIGHTS
7
ARTICLE
4.
DISCIPLINE AND DISCHARGE
8
ARTICLE
5.
GRIEVANCE AND ARBITRATION
10
ARTICLE
6.
STRIKES AND LOCKOUTS
14
ARTICLE
7.
SENIORITY, TRANSFERS AND PROMOTIONS
15
ARTICLE
8.
GENERAL PROVISIONS
22
ARTICLE
9.
SPECIAL CONFERENCES
23
ARTICLE
10.
UNION REPRESENTATION
24
ARTICLE
11.
UNION BULLETIN BOARDS
26
i
ARTICLE PAGE
ARTICLE
12.
PROBATION
27
ARTICLE
13.
RESIGNATION
28
ARTICLE
14.
EMPLOYEE PERSONNEL FILE
28
ARTICLE
15.
WAGES AND OTHER PAYMENTS
29
ARTICLE
16.
UNIFORM AND PROTECTIVE CLOTHING
34
ARTICLE
17.
TOOLS
35
ARTICLE
18.
HOURS OF WORK
36
ARTICLE
19.
OVERTIME
39
ARTICLE
20.
LEAVES AND OTHER ABSENCES
40
ARTICLE
21.
LIGHT DUTY
48
ARTICLE
22.
MEAL PERIODS AND REST PERIODS
50
ARTICLE
23.
HOLIDAYS
51
ARTICLE
24.
VACATION
53
ARTICLE
25.
HEALTH, HOSPITALIZATION AND
DENTAL INSURANCE
57
ARTICLE
26.
CIVILIAN LAW ENFORCEMENT PERSONNEL
60
ARTICLE
27.
NEW CLASSES
61
ii
ARTICLE 28.
OTHER CONDITIONS
62
ARTICLE 29.
WAIVER AND NOTICE
63
ARTICLE 30.
SEVERABILITY
64
ARTICLE 31.
ENTIRE AGREEMENT
64
ARTICLE 32.
ABSENCE WITHOUT LEAVE
65
ARTICLE 33.
TERM OF AGREEMENT
66
APPENDIX A.
67
APPENDIX B.
69
APPENDIX C.
72
iii
PREAMBLE
THIS AGREEMENT entered into by and between the City of Pueblo,
hereinafter referred to as the City, and the Pueblo Association of
Government Employees, hereinafter referred to as the Union. The City
and the Union may also hereinafter be referred to severally as a
party and jointly as the parties.
It is the intent and purpose both of the City and the Union to
set forth herein their entire Agreement, establishing wages, hours
and other conditions of employment; providing for prompt and
equitable adjustment of grievances; and achieving and maintaining
harmonious labor relations.
DEFINITIONS
Certain terms used in this Agreement shall be defined as follows:
"Employee" shall mean any person holding a position in the
classified service which is included in the bargaining unit defined
in Appendix A of this Agreement.
"City Manager" shall mean the City Manager, acting City Manager,
or the designee of either.
"Director" shall mean the Director of Personnel or his designee.
"Department head" shall include those persons appointed by the
City Manager as department Directors or the designee of a Director.
"Day" shall mean calendar day unless otherwise modified or
defined herein.
1
Unless otherwise specified herein, other words used in this
Agreement shall have the same meanings as are given them in Section
6 -3 -1 of the Code of Ordinances.
Article and section titles or captions contained herein are
descriptive but not substantive.
ARTICLE 1
RECOGNITION
The City recognizes the Pueblo Association of Government
Employees as the sole and exclusive representative of the employees
in the bargaining unit set forth in Appendix A of this Agreement for
the term of this Agreement, for the purpose of negotiating with the
City with respect to wages, rates of pay, hours, grievance and
disciplinary procedures which may result in arbitration, working
conditions and all other terms and conditions of employment except
disciplinary measures and the application thereof to individual
employees; provided, however, that the application of discipline to
individual employees may be grieved and such grievance processed in
accordance with the provisions of this Agreement.
2
ARTICLE 2
UNION SECURITY - DUES DEDUCTION
Section 1. REQUIREMENT AND NONDISCRIMINATION. No employee
shall be required to become a member of the union as a condition of
his /her employment or continued employment by the City, and there
shall be no discrimination by either party against any employee on
account of membership or non - membership in the Union.
Section 2. DISCRETION TO JOIN. Any employee may or may
not join the Union, at the individual's sole discretion.
Section 3. DUES DEDUCTION. The City shall deduct monthly
from the pay of all employees who hereafter voluntarily authorize
such deductions in writing on a form provided for this purpose by the
Union or the City the following: (a) the amount of normal Union dues
and assessments uniformly required of Union members, (b) initiation
fees uniformly required of all Union members. Each authorization
given under this Section shall be revocable January 1st of each year
upon giving written notice to either the City or the Union by the
preceding December lst.
Section 4. NOTIFICATION. The Union, through a duly
authorized officer or officers of the Union, will notify the City in
writing as to the amount of dues, assessments and initiation fees to
be deducted from the pay of any employees. Any changes in Union
membership dues, assessments and initiation fees will be certified to
the City and such notification shall be provided at least one month
in advance of the effective date of any such change.
3
Section 5. AGENCY SHOP. Any person employed by the City
in a position within the bargaining unit represented by the Union who
is not a member of the union and who does not make application for
membership within thirty (30) days from the effective date of this
Agreement, or from the date of employment, whichever is later, shall,
pay to the Union an amount equal to 95% of the normal dues and
assessments uniformly required of members of the Union. The
obligation for enforcement of this provision shall rest with the
Union, not the City.
Section 6. VOLUNTARY DEDUCTIONS. The City agrees to
deduct the agency service fee set forth in Section 5 above from the
pay of all employees who hereafter voluntarily authorize such
deductions in writing on the form contained in Section 12 of this
Article. Each authorization given under this Section shall provide
that it is revocable only upon the expiration of this Agreement upon
giving written notice to either the City or the Union within the
thirty (30) days immediately preceding the termination of this
Agreement.
Section 7. EFFECTIVE CONDITIONS. Sections 5 and 6 of
this Agreement shall not be effective until the conditions described
in Section 8 -9 of the Charter of the City of Pueblo are satisfied.
Section 8. NO EARNINGS. If an employee has no earnings
due him for the pay period in question, no deductions will be made
for that employee for that period. The collection of money described
herein other than for the current period shall not be the
responsibility of the City.
4
Section 9. PAYMENT. The sole responsibility of the City
will be to pay over to the Union any sums actually deducted from the
pay of employees on a current basis. Any funds deducted as herein
provided shall be paid to the Union Treasurer within thirty (30) days
of such deduction.
Section 10. HOLD HARMLESS. The Union agrees to save the
City harmless from any action growing out of this Article and
commenced by any employee, citizen or other person against the City
or the City Council or any employee or agent of either. The Union
assumes full responsibility for the disposition of the funds so
deducted once they have been turned over to the Treasurer of the
Union. The Union agrees that in the event of any litigation against
the City, its agent or employees arising out of this provision, it
will co- defend and indemnify and hold harmless the City, its agent or
employees from any monetary award or any costs arising out of such
litigation, including but not limited to attorney's fees.
Section 11. NO RIGHT TO MONEY UNTIL PAID. No party shall
have any right or interest whatsoever in any money authorized
withheld under Sections 3 and 6 of this Article until such money is
actually paid over to them. The City or any of its officers and
employees shall not be liable for any delay in carrying out such
deductions, and upon forwarding a check in payment of such deductions
by mail to the assignee's last known address, the City and its
officers and employees shall be released from all liability to the
employee or to the assignees under such assignments.
5
Section 12. VOLUNTARY AGENCY DEDUCTION FORM.
BY:
LAST NAME FIRST NAME MIDDLE NAME
TO:
EMPLOYER DEPARTMENT
EFFECTIVE:
I hereby voluntarily request and authorize you to deduct monthly
f rom
my regular earnings the amount of 95% normal Union dues, initiation
fees and assessments uniformly required of Union members
as certified by the appropriate officials of the Pueblo Association
of Government Employees.
The amount deducted shall be paid to the Treasurer of P.A.G.E.
This voluntary deduction shall remain irrevocable until
expiration of this Agreement and then may only be revoked by giving
written notice to either the City or the Union within the thirty (30)
days immediately preceding the termination of this Agreement, as
defined in Article 33.
51
ARTICLE 3
MANAGEMENT RIGHTS
Section 1. UNION RECOGNITION. The Union recognizes the
prerogatives of the City to operate and manage its affairs in all
respects in accordance with its authority, discretions, responsi-
bilities, and powers of authority as set forth under the Constitution
and the Statutes of the State of Colorado and the Charter of the City
of Pueblo.
Section 2. VESTED IN CITY AND DISCIPLINE AND DISCHARGE FOR
JUST CAUSE. Except as otherwise specifically provided herein, the
management of the City, the direction of the work force, including
but not limited to, the right to hire, the right to discipline or
discharge for just cause, the right to decide job qualifications, the
right to lay -off, the right to establish or abolish positions, the
right to make rules and regulations governing conduct and safety, the
right to determine the mission of the City and the means and methods
by which it is to be achieved, the right to determine schedules of
work, the right to subcontract work, together with the right to
determine the methods, processes and manners of performing work, are
vested in the City.
7
ARTICLE 4
DISCIPLINE AND DISCHARGE
Section 1. NEWLY HIRED PROBATIONARY EMPLOYEES. A newly -hired
probationary employee may be disciplined or discharged at any time
during the full initial probationary period with or without reasons.
Such a probationary employee shall have no right to appeal his or her
discipline or discharge under this Agreement.
Section 2. CITY'S AUTHORITY. The Union recognizes that
the City has the authority to suspend, demote, discharge or take
other appropriate disciplinary action against employees for just
cause. Any non - probationary employee who is subject to discipline
may appeal same pursuant to the grievance procedure or to the Civil
Service Commission pursuant to Title VI of the 1971 Code of
Ordinances of the City, but not both. The filing of any appeal to
one forum constitutes a waiver of any right to appeal to the other
forum.
Section 3. WRITTEN STATEMENTS. An employee who is to be
suspended without pay or discharged shall be given a written
statement indicating the reasons or grounds for such action. If the
action to be taken is discharge, the employee may within seven (7)
calendar days after receipt of the statement file his written
response thereto setting forth in detail his explanation of or
defenses, if any, to the reasons or grounds contained in the
statement. The Department Head will consider the employee's written
response, if timely received by him, before taking action on the
discharge. The written statement or notice of action taken shall be
considered given to the employee if personally delivered or, if
unable to be personally delivered, four (4) days after the statement
has been mailed by First Class mail to the employee.
Section 4. FILING OF GRIEVANCE. Any grievance
challenging the discharge or termination of an employee may be
commenced at the step prior to the final step of the grievance
procedure, provided that it is filed not later than seven (7)
calendar days after the date of the action taken by the City.
Section 5. REMOVAL FROM PERSONNEL FILE. in the event
discipline is imposed and it is established through the grievance
procedure that such discipline was not warranted, such disciplinary
action shall be removed from the employee's personnel file. Any
disciplined employee may be represented, at his or her option, by the
Union during the processing of any grievance concerning such
discipline.
9
ARTICLE 5
GRIEVANCE AND ARBITRATION
Section 1. A grievance is a claim that the City has violated
an express provision of this Agreement. Any employee may discuss any
grievable matter with an immediate supervisor on an informal basis
without resorting to this grievance procedure, provided that no such
informal discussion shall extend any time limit provided herein.
Section 2. A grievance shall be initiated either by an
aggrieved employee or by the Union acting on behalf of one or more
employees. Unless the grievance arises at a higher administrative
level, it shall be presented by the employee and /or Union
representative to the immediate supervisor of the employee within
fourteen (14) days after the date on which the employee or the Union
knew or reasonably should have known the facts giving rise to the
grievance. The supervisor shall meet with the employee and /or Union
representative within seven (7) days after receipt of the grievance
and shall respond to both the Union and the grievant within seven (7)
days after the meeting is concluded.
Section 3. If the grievance is not resolved under
Section 2 above, it shall be presented to the involved department
head by a Union representative and /or the grievant within seven (7)
days after receipt of the supervisor's response under Section 2. The
department head shall meet with a Union representative and /or the
grievant within seven (7) days after the grievance is presented and
10
shall respond to both the Union and the grievant within seven (7)
days after the meeting is concluded.
Section 4. If the grievance is not resolved under
Section 3 above, it shall be presented by a Union representative to
the City Manager within seven (7) days after the receipt of the
response of the department head under Section 3. The City Manager
shall meet with a Union representative and the grievant within ten
(10) days after the grievance is presented and shall respond to the
Union representative within ten (10) days after the meeting is
concluded.
Section 5. If the grievance is not resolved under
Section 4 above, the Union may request arbitration by serving written
notice of intent to arbitrate on the City within thirty (30) days
after receipt of the response of the City Manager under Section 4.
An arbitrator may be selected by mutual agreement of the parties
within ten (10) days after service of the notice of intent to
arbitrate. Otherwise, the American Arbitration Association shall be
requested to furnish a panel of seven (7) arbitrators. The parties
shall strike names alternately until one name remains; that
individual shall be the arbitrator. The party requesting arbitration
shall strike first. The arbitrator shall be requested to issue a
decision within thirty (30) days after conclusion of the hearing.
The decision of the arbitrator shall be binding on both parties.
11
The arbitrator's fee and his other expenses shall be shared
equally by the City and the Union provided that each party shall be
required to compensate its own representatives and witnesses and pay
the cost of production of its documentary evidence. Either party may
at its own expense retain a certified shorthand reporter to record
and transcribe the proceedings. Either party may provide the
arbitrator with a transcript of the proceedings. Either party may
order a copy of the transcript at its own expense.
Section 6. The City and the Union shall each have the
right to investigate all circumstances relating to any grievance, and
shall assist each other in the conduct of any such investigation.
Section 7. Any grievance processed at Section 2 or
beyond shall be reduced to writing and shall include each of the
following: the matter complained of; the date of its occurrence and
the date the grievant or the Union first became aware of the matter;
the sections or provisions of this Agreement which were allegedly
violated; the disposition sought; the signature of the employee or
Union representative; and the date the grievance is filed. Any
response by the City at Section 2 or beyond shall be reduced to
writing.
Section 8. Grievances which arose prior to the effective
date of this Agreement and the immediately preceding Agreement are
not substantively arbitrable, and shall not be subject to the
grievance procedure described herein, and provided that grievances
12
properly filed which arose prior to the effective date of this
Agreement may be arbitrated under the provisions of the Agreement
under which they arose.
Section 9. All claims for back wages shall be reduced by
the amount, if any, of unemployment compensation benefits received by
the employee and any compensation received for other employment
obtained subsequent to removal from the City payroll.
Section 10. The failure of the City to file a timely
response at any step of the grievance procedure shall be deemed to be
a rejection of the grievance effective on the last day for timely
response.
Section 11. The parties may mutually agree in writing to
extend any time limitation contained in this Article. The parties
recognize that such extensions are contrary to the spirit of this
grievance procedure, and shall be agreed on only for good cause.
Section 12. The findings and decision of the arbitrator
shall be consistent with applicable Colorado law and with the express
terms of this Agreement. The arbitrator shall have no power or
authority to add to, subtract from, disregard, alter or modify any of
the terms of this Agreement.
13
ARTICLE 6
STRIKES AND LOCKOUTS
Section 1. LOCKOUTS. No lockout of employees covered by this
Agreement shall be instituted by the City during the term of this
Agreement.
Section 2. STRIKES. The Union specifically agrees that
employees in the classified service of the City are prohibited from
engaging or participating in any strike, work stoppage, work slow-
down or mass absenteeism involving employees of the City of Pueblo or
the City of Pueblo.
Violation of this Article by any employee shall be cause for
discipline or discharge. In addition, the City shall not be required
to pay any employee any portion of his or her salary including fringe
benefits while engaged in activity in violation of this Section.
The Union agrees not to encourage, condone, assist or participate
in any action prohibited by this Section.
Section 3. INJUNCTIVE RELIEF. The parties are
specifically authorized to seek injunctive relief without first
attempting to resolve any dispute relating to violation of this
Article through the grievance procedure. The parties may, at their
independent option, seek compensation for damages from the other
party through the provisions of Article 5, Grievance and Arbitration.
14
ARTICLE 7
SENIORITY, TRANSFERS AND PROMOTIONS
Section 1. CITY SENIORITY - DEFINED. Unless otherwise set
forth in this Agreement, seniority means an employee's length of
continuous service with the City since his last date of hire.
Section 2. INFORMATION REGARDING SENIORITY. The City
agrees to make available to the Union necessary information to
resolve seniority conflicts as needed.
Section 3. BREAK IN SERVICE. Approved leaves shall not
constitute a break in service for purposes of this Article.
Employees who resign, are discharged or retire shall be considered as
having a break in service if they are subsequently employed in any
capacity by the City, and, notwithstanding any provision of prior
agreements to the contrary, for the purposes of this Article, such
employees shall receive no credit for prior service.
Section 4. DEPARTMENTAL SENIORITY. Departmental
seniority is defined as the continuous length of service in a
department, measured from the date the employee was assigned in that
department.
Section 5. TRANSFERS - DEFINED. A transfer is a change
in an employee's position within a job title classification within
such employee's department or in any other department or division of
the City which does not result in a change in the transferred
employee's rate of pay.
15
Section 6. PROMOTIONS - DEFINED. A promotion is an
appointment of an employee to a job title classification within such
employee's work department or in any other department or division of
the City which does result in an increase in the promoted employee's
rate of pay.
Section 7. DEMOTIONS - DEFINED. A demotion is a
personnel action resulting in an employee's assignment to a job title
classification within such employee's department or in any other
department or division of the City which results in a decrease in the
demoted employee's rate of pay.
Section 8. LAYOFF.
A. When employees are laid off, the employees in the Department
and class affected shall be laid off in the following order:
1. Unclassified part -time or temporary employees who
perform substantially the same duties as the class affected;
2. Probationary;
3. Permanent.
Probationary and permanent employees shall be laid off within a
Department and class in inverse order of their seniority as defined
by Section 1 of this Article.
When an employee's position is abolished, that employee shall
have the option to exercise his /her bumping rights, as defined in
Section 10 of this Article, within his /her Department. The employee
who is ultimately left without a position in his /her Department, if
16
any, shall then have the option to exercise his /her Section 10
bumping rights City -wide.
Section 9. RECALL. Employees shall be recalled from
layoff to positions within any class previously occupied on a
permanent basis and for which they currently meet the minimum
qualifications, according to their seniority as defined in Section 1
of this Article. No new employees shall be hired into any such
classes until all such employees with reinstatement rights to such
classes desiring to return to work have been recalled.
Section 10. BUMPING. When an employee is laid off,
he /she shall be permitted to bump (replace an employee with less
seniority) , in accordance with this Section. Such employee may, if
he /she so desires, bump the least senior employee in an equal or
lower job class previously held by that employee on a permanent
basis, provided the bumping employee has greater seniority than the
employee whom he /she bumps and provided he /she currently meets the
minimum qualifications of the job class. If the least senior
employee's work schedule substantially differs from the work schedule
of the bumping employee, the bumping employee shall have the option
to bump instead the least senior employee with substantially the same
work schedule, within the parameters contained herein.
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 five (5)
working days.
17
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.
(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) If any person so certified fails to accept appointment
to the position, that person shall be removed from the list and the
name of the person next highest on the appropriate list shall be
certified. The Civil Service Commission may retain on the eligible
list the name of a person who refuses an appointment only upon that
person's request and for just cause. The Director may request
removal from the list of the name of a person who does not qualify
for or meet a requirement of the position. The Civil Service
Commission shall grant such request and certify the name of the next
M
,� I ! I II',NItIIIIIN�I��
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, the City Manager may either request that the
Commission establish a new eligible list, or may accept a
certification of less than three 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 com-
mittee 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 the 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.
19
(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, CROP.
Classes within the bargaining unit shall be either closed clas-
ses, which are open only to members of the bargaining unit, or clas-
ses 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.
20
Civil Service examinations for all classes in Appendix B shall be
open only to employees within the bargaining unit who meet the quali-
fications 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, exam-
inations for such a class shall be open to all applicants.
Section 12. RECLASSIFICATION. whenever a position is
reclassified, the incumbent in such position who has performed all
duties of the position in a satisfactory manner for a period of one
year or more shall be deemed qualified for appointment along with the
three highest ranking eligibles on the eligible list from which the
reclassified position is to be filled.
21
ARTICLE 8
GENERAL PROVISIONS
Section 1. UNION AND NON -UNION ACTIVITIES. The parties agree
not to interfere with the rights of employees to become members of
the Union or to refrain from becoming members of the Union, and there
shall be no discrimination, interference, restraint, or coercion by
the City or the Union or any employer representative or any Union
representative against any employee because of Union membership or
nonmembership, or as a result of an employee's lawful exercise of
rights granted by the City Charter or this Agreement. The Union
recognizes its responsibilities as the sole and exclusive bargaining
agent and agrees to represent all employees in the bargaining unit
without discrimination, interference, restraint or coercion.
Section 2. NONDISCRIMINATION.
A. The City and the Union recognize that under State or Federal
Law, neither party may discriminate against any employee because of
race; age as defined; creed; color; sex; handicap; or national
origin.
B. All references to employees in this Agreement designate both
sexes, and wherever the male gender is used, it shall be construed to
include male and female employees.
C. The City and the Union recognize that neither party may
discriminate against, or in any way favor, any employee because of
such employee's political opinions or affiliations as provided in the
Pueblo City Charter.
22
ARTICLE 9
SPECIAL CONFERENCES
The City and the Union agree to conduct special conferences on
matters related to this Agreement and for the purpose of attempting
to minimize grievances and to discuss other issues which would
improve the relationship between the parties. A conference committee
of two (2) representatives of the Union shall be convened upon the
written request of either party. Such notice shall indicate the
subject to be considered at any requested meeting. A meeting shall
be convened within a reasonable time of any request.
The failure of any party to reach agreement on any matter raised
at a special conference shall not be indicative of bad faith, nor
shall such failure initiate the grievance procedures available under
this Agreement.
23
ARTICLE 10
UNION REPRESENTATION
Section 1. UNION REPRESENTATION. The City agrees that the
representatives of P.A.G.E. may confer with bargaining unit employees
during break periods in a manner so as to not interrupt the work of
employees. Additionally, said representatives may confer with
members of the management staff at mutually agreeable times and
places.
Section 2. NEW BARGAINING UNIT EMPLOYEES. when the City
engages new employees in bargaining unit positions, it shall notify
the Union of the name, class, and department of all such new
employees within ten (10) days of employment.
Section 3. UNION ACTIVITIES ON EMPLOYER'S TIME AND
PREMISES. The City agrees that during working hours, on the City's
premises, or at the site of negotiations or grievance proceedings,
and without loss of pay, Union officers and stewards shall be allowed
to:
- Attend negotiations, grievances and special conferences;
- Collect Union dues, initiation fees, and assessments (if these
funds are not collected through payroll deductions) ;
- Post Union notices;
- Transmit communications, authorized by the local Union or its
officers, regarding grievances, arbitrations and collective
bargaining negotiations to the City or its representatives.
24
All such time off shall be with the approval of the employee's
supervisor and subject to such supervisor's work and schedule
requirements. Such approval shall not be unreasonably withheld.
Abuse of this provision may be the subject of discipline.
Members of the Union as may be elected or designated as officers,
stewards or members of the negotiating committee, to represent the
Union shall be granted leave from duty, with no loss of pay under the
terms and conditions set forth in this Article.
officers of the Union and the Union Executive Board Members shall
be granted Union business leave with pay to attend meetings of the
Union or special conferences, if said meetings occur during a regular
tour of duty. The maximum of off -duty tours allowed hereunder shall
not exceed thirty (30) per calendar year. It is understood that
those Union officials granted leave hereunder shall be on call during
attendance at such meetings. The privileges granted herein shall not
be abused or unreasonably exercised. Union members using paid union
business leave shall notify their supervisor when leaving duty and
when reporting back to duty.
Section 4. NUMBER OF REPRESENTATIVES. The Union shall
designate a sufficient number of stewards to assure that each
Department or Division, and each shift within each Department or
Division, shall have a steward. No more than one (1) steward or
Union officer at a time shall investigate or process any grievance on
duty time. No more than four (4) employees at a time shall attend
negotiations on duty time.
25
ARTICLE 11
UNION BULLETIN BOARDS
The Union shall have the right to post on the bulletin boards
designated by the department head at all work locations where
available, notices pertaining to Union matters, all of which pertain
to the City. No other postings will be allowed. Should the
available bulletin boards be insufficient, the Union may erect
suitable bulletin boards in locations mutually agreeable.
ARTICLE 12
PROBATION
Section 1. NEW HIRE. A newly hired employee shall serve a
probationary period of six (6) months from the date of his most
recent initial appointment. Such 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.
Section 2. PROBATION AFTER PROMOTION. A newly promoted
employee 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. Such 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. During such
probationary period, the promoted employee may be demoted to the
class which he formerly held whenever, in the judgment of the City,
it is in the best interest of the City to do so, and such demotion
shall not be subject to the grievance procedure in Article 5 of this
Agreement.
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.
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ARTICLE 13
RESIGNATION
Section 1. NOTICE. An employee shall provide to the City at
least seven (7) days notice in writing of his intention to resign.
Once the employee ceases employment, the employee may seek
reemployment under the reemployment procedures.
Section 2. ABSENCE WITHOUT LEAVE. All unauthorized
absences without leave shall be grounds for disciplinary action.
Reduction of pay shall be made for all periods of unauthorized
absences.
Section 3. UNAUTHORIZED ABSENCES FOR MORE THAN FIVE (5)
DAYS. Any unauthorized absence of more than five (5) consecutive
working days shall be deemed to be and shall constitute a resignation
from employment by the employee.
ARTICLE 14
EMPLOYEE PERSONNEL FILE
Employees may inspect all documents contained in the employee's
own personnel file as provided by the Colorado Open Records Law.
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ARTICLE 15
WAGES AND OTHER PAYMENTS
Section 1. WAGE INCREASES DURING CONTRACT Effective January
1, 1997, the monthly pay rate for each class, grade, step or position
of employees covered by this Agreement shall be increased by 3.0%
over the amount set by Ordinance setting 1996 pay increases.
In addition, an ongoing standing union /management committee comprised
of two representatives of management and two representatives of PAGE
will be formed in 1995 to analyze, recommend and agree to changes in
the salaries of certain bargaining unit classifications in order to
bring the pay of these classifications more in line with other City
of Pueblo job classifications. All such adjustments shall be
mutually agreed upon. A sum of $88,000 shall be allocated to the
committee as of January 1, 1997, toward accomplishing these
adjustments. Adjustments for 1997 will be effective January 1, 1997.
Section 2. LONGEVITY COMPENSATION. Commencing with the
month following completion of five (5) years of actual continuous
service as a full -time employee of the City, each such employee shall
receive in addition to all other compensation for full -time service,
the amount of Thirty -Two Dollars and Fifty Cents ($32.50) per month;
following ten (10) years of such service, Thirty -Seven Dollars and
Fifty Cents ($37.50) per month; following fifteen (15) years of such
service, Forty -Seven Dollars and Fifty Cents ($47.50) per month;
following twenty (20) years of such service, Fifty -Two Dollars and
W
Fifty Cents ($52.50) per month. In no event shall longevity compen-
sation exceed Fifty -Two Dollars and Fifty Cents ($52.50) per month.
Section 3. LONGEVITY COMPENSATION DURING LEAVES.
A. Longevity compensation as stated above shall be paid to an
employee while on authorized leave with pay. Such longevity compen-
sation shall not be paid to an employee for any month during which
such employee shall be absent on leave without pay for more than
one -half the working time prescribed for that employee's job
classification. Absence without leave as defined in Section 6 -6 -12
of the 1971 Code of Ordinances of the City shall forfeit all
longevity pay for the month in which such absence occurs.
B. For the purposes of this Section periods of authorized leave
without pay shall not accrue as part of the actual continuous service
necessary to qualify for longevity compensation. Service as a
permanent part -time employee may be accrued as a part of the actual
continuous service necessary to qualify for longevity compensation
under this Section; provided, such service of permanent part -time
employment be accrued on a percentage basis, i.e., two years of
half -time service would accrue as one year of full -time service; and,
provided further, that periods of permanent part -time service and
full -time service are continuous.
C. Periods of time during which an employee in the classified
service is off work due to lay -off or reduction in force and is on a
valid reinstatement list shall not constitute a break in continuity
r
of service; provided, however, such periods of time shall not be
accrued as a part of the actual continuous service necessary to
qualify for longevity compensation.
Section 4. RATE OF PAY FOR WORK IN HIGHER CLASSIFICATION.
In any case when an employee is assigned work in a position in a
higher class for a period amounting to one hour or more within a pay
period, the employee shall be paid Seventy -Five Percent (75 %) of the
difference in pay between the rate of pay for his regular class and
such higher class for the actual period of such service.
For purpose of this Section only, Emergency Services Dispatchers
who are assigned to and perform the duties of the supervisor in the
Communication Center for a period of one (1) hour or more shall
receive for each such hour step up pay of Seventy -Five (75 %) percent
of the difference, between the regular rate of pay for that class and
the rate of pay for the Senior Emergency Services Dispatcher.
In the event there is a valid eligibility list for a higher
class, employees who have placed themselves on the current valid
eligibility list for that higher class and who are on the crew,
shift, or sector in which the temporary vacancy occurs shall be given
opportunities to fill temporary vacancies in that higher class for
the educational value to the employee and the department. In the
event no such valid eligibility list exists, the employee in the next
lower class with the most seniority in such lower class who is on the
crew, shift or sector in which the temporary vacancy occurs shall,
31
with his consent, be assigned temporary duty in the higher class,
unless the Department furnishes proof of the inability of the
employee to perform.
Section 5. SHIFT DIFFERENTIALS, This Section shall apply
only in those departments where two or more shifts are worked in any
particular classification.
A. Full -time permanent employees who are assigned to work the
afternoon shift shall receive an additional twenty cents ($.20) per
hour for each hour worked on such shift.
B. Full -time permanent employees who are assigned to work the
graveyard shift shall receive an additional forty cents ($.40) per
hour for each hour worked on such shift.
Section 6. MILEAGE. An employee who is required and
specifically authorized to operate his personally -owned automobile in
the conduct of City business shall be paid the amount allowed by the
Internal Revenue Service for each mile of usage of the personal
automobile on City business. The City may, at its option, where an
employee requests the City to exercise the within described option,
where an employee regularly utilizes his personal car in the conduct
of City business, estimate the average number of miles travelled per
month and authorize a monthly allowance on the basis of such estimate
at the rate allowed by the Internal Revenue Service per mile. Such
estimated payment shall be in lieu of any claims for payment based
upon actual mileage driven.
32
Section 7. TUITION REFUND. Upon recommendation of the
Department Head and after prior approval by the City Manager, the
City shall reimburse a permanent, full -time employee upon successful
completion of an approved course or courses in education or
vocational training. The course or training must be related to the
work, be designed to improve competence in the job, and be of value
to the employee's service to the City. The employee must conclude
the course or training with a grade of "Pass ", "C ", or better in
order to be entitled to refund. The amount to be reimbursed will not
exceed eighty percent (80 %) of the cost of tuition, fees, and
required books. If, and in the event, the course or training is of
value to the employee's service to the City, but is not related to
the employee's work or is not designed to improve the employee's
competence in the job, the City will reimburse up to fifty percent
(50 %) of the cost of tuition, fees, and required books, not to exceed
Five hundred dollars and no /100ths ($500.00) per year. When a course
of study has been approved by the City Manager, any employee who
completes 30 hours of educational or vocational training during their
employment with the City, shall receive a one time education
incentive of $200.00. This Article shall apply to employees
completing the 30 hours of educational or vocational training after
January 1, 1987.
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ARTICLE 16
UNIFORM AND PROTECTIVE CLOTHING
Section 1. ANIMAL SHELTER, PARKING ENFORCER AND AIRPORT
EMPLOYEES. In January of each year, the sum of Three Hundred
Twenty -Eight Dollars ($328.00) shall be paid to full -time animal
shelter, parking enforcers and airport employees who are authorized
and directed to wear an official uniform. In the event any such
full -time employee leaves the service of the City during the ensuing
year, the sum of Twenty -Seven Dollars and 33/100 ($27.33) shall be
deducted from such employee's final salary for each month remaining
in that calendar year. The style and color of shirt, pant and jacket
in use as of April 1, 1985, shall continue to be prescribed during
the term of this Agreement. Such employees initially appointed
during a year shall receive a pro rata uniform allowance of
Twenty -Seven and 33/100 Dollars ($27.33) for each month remaining in
the year with their initial pay check. If before January 1st of any
year the Union and airport employees are notified that changes in
their duties will reduce their uniform requirements from three (3)
styles to one (1) style during the following contract year, airport
employees will be moved into Section 2 of this Article for the
purpose of uniform allowance.
Section 2. PUBLIC WORKS PARKS TRANSPORTATION AND POLICE
DEPARTMENTS. All employees of the Public Works Bureau and Parks,
Transportation and Police Departments who are authorized and directed
34
by the Department Head to wear the official City uniform shall be
paid Two Hundred Dollars ($200.00) per year. The uniform shall be
marked "City of Pueblo ", and have the name of the department involved
inscribed thereon. In the event such an employee leaves the service
of the City during the year, the sum of Sixteen Dollars and
Sixty -Seven ($16.67) shall be deducted from such employee's final
salary payment for each month remaining in that calendar year. Such
employees initially appointed during a year shall receive a pro rata
uniform allowance of Sixteen Dollars and Sixty -Seven Cents ($16.67)
for each month remaining in the year with their initial pay check.
The style and color of shirt, pant and jacket in use as of April 1,
1985 shall continue to be prescribed during the term of this
Agreement.
ARTICLE 17
TOOLS
All employees who are required by the nature of their employment
to use tools to accomplish their job assignment, and are required to
provide their own tools, shall be reimbursed, upon presentation of
receipts, for the cost of such tools up to maximum of Three Hundred
Dollars ($300.00) per year. Tools belonging to the City and
employees shall be clearly marked or inscribed to identify
ownership. Upon termination of employment with the City, all tools,
except those purchased by the employee, shall remain the property of
the City.
35
ARTICLE 18
HOURS OF WORK
Section 1. WORK DAY. The regular hours of work each day shall
be eight (8) hours exclusive of lunch periods, within a twenty -four
(24) hour period.
Section 2. WORK WEEK. The work week shall consist of
five eight -hour days for a total of Forty (40) hours.
Section 3. FLEX TIME. The Department Head may implement
a flex time program within a department or a part thereof when, in
his judgment, consideration of the operating need of the department
would so allow.
Section 4. REPORTING. The Department Head shall
establish procedures for reporting absence for each department or
portion thereof. Such procedures shall be consistent with Article 32
of this Agreement.
Section 5. CALL -BACK TIME. Any employee called back to
work prior to the beginning of his next regular shift shall be
selected pursuant to Section 7 of this Article and shall be
compensated at the rate of time and one -half in cash or time and
one -half off. An employee called back for work shall be compensated
at the overtime rate for a minimum of four (4) hours. This provision
shall not apply to those employees assigned to and compensated for
stand -by purposes.
Section 6. STAND -BY TIME. Any employee assigned and
required to hold himself available for call -backs shall be paid
stand -by pay in the sum of Seventy -Five Cents ($.75) per hour in
36
addition to all other compensation, except that animal control
officers on stand -by duty shall be paid Ten Dollars and No /100ths
($10.00) per day, in addition to all other compensation. Any
employee on stand -by who is called back to work prior to the
beginning of his next regular shift shall be compensated at the rate
of time and one -half for a minimum of one hour.
Such stand -by assignments shall be fairly and equitably made upon
a rotating basis to employees within the affected class and
Departments who volunteer for and are qualified to perform such
duty. If sufficient employees do not volunteer for such duty, it
shall be assigned upon a rotating basis within the appropriate class
and Departments. Any employee assigned and required to hold himself
available for call backs, shall be provided with a remote paging
device.
Section 7. OVERTIME ASSIGNMENTS. Non - emergency overtime
shall be distributed fairly and equitably, on a rotating basis,
within a class, section in the Police Department and, Department. In
order to accomplish the fair and equitable rotation of overtime
distribution, a seniority list, in order of Departmental seniority,
shall be established for each class within each Department. An
employee must indicate in writing his willingness to perform overtime
work in order to be placed on the appropriate list. Overtime shall
be distributed by offering it to employees in order of their
placement on the appropriate list. When an employee accepts and
works an overtime shift or portion thereof, that employee's name
shall be rotated to the bottom of the list. However, in the Streets
37
Division of the Department of Public Works, an employee shall not be
rotated to the bottom of the list until he has received a minimum of
four (4) hours of overtime.
The following procedure shall apply to overtime assignments in
the Police Department Communications Center:
(1) In order of seniority the on -duty civilians will be offered
the first one -half (1/2) of the vacated shift. In order of
seniority, the oncoming civilians will be offered the last one -half
(1/2) of the vacated shift.
(2) If the vacancy remains, the most senior civilian with the
day off will be offered the vacated shift.
(3) If the vacated shift cannot be filled by civilian personnel
assigned to the Communication Center, it may be filled by other
qualified Police Department personnel.
The parties recognize that certain tasks are inherently
individual in nature, and work on an overtime basis necessary for an
individual to complete such task is not subject to the provisions of
this Section.
Section 8. SHIFT ROTATION. Emergency Service
Dispatchers, animal shelter employees and other employees whose shift
assignments were rotated on a regular, calendar -based cycle, during
the term of the Agreement prior to this Agreement, shall continue
such method of accomplishing the rotation of shifts. No change in an
employee's shift may be made by the City unless the employee is given
notice in advance of three (3) shifts, including the one in which the
employee is notified.
ARTICLE 19
OVERTIME
Section 1. OVERTIME COMPENSATION Employees will be
compensated for overtime at the rate of one and one -half times of
their regular straight time basic hourly rate, in either cash or
compensatory time, at the discretion of the employee for any overtime
required. Overtime pay shall be paid within the pay period and no
later than the following pay period.
Section 2. COMPENSATORY TIME. The Department shall cause
to be kept records of any compensatory time standing to the credit of
the employee, which may be liquidated by the employee with the
permission of the Department Head or the employee's immediate
supervisor as applicable. Any compensatory time earned must be taken
not later than the month after it was earned.
Section 3. DAILY. All work performed in excess of eight
(8) hours in any work day shall be compensated at the overtime rate.
Section 4. WEEKLY. All work performed in excess of forty
(40) hours in any work week shall be compensated at the overtime
rate.
39
ARTICLE 20
LEAVES AND OTHER ABSENCES
Section 1. SICK LEAVE.
A. PAID SICK LEAVE BENEFITS. Paid sick leave to the extent
the same is accrued and unused shall be granted to permanent,
full -time employees and probationary employees in case of actual
illness or disability occurring without negligence of the employee;
or for a maximum of three (3) work days in each consecutive twelve
(12) months for an illness of the employee's spouse or child or a
member of the employee's immediate household, subject to verification
thereof. A medical certificate subscribed by the employee's
physician on forms supplied by the City shall be required for any
absence for which paid sick leave is claimed by the employee
exceeding three (3) consecutive working days; provided, further, the
City Manager, in any case of suspected abuse of sick leave
privileges, may require such medical certificate for any absence for
which paid sick leave is claimed by the employee. Requests for sick
leave for an employee's last scheduled work shift before a vacation
or scheduled time -off, or for his first scheduled work shift after a
vacation or scheduled time -off, may be indicative of such abuse. Use
or attempted use of paid sick leave benefits for any reason other
than actual illness or disability shall be deemed an activity
unbecoming an employee of the City. Disability caused by injury
while on duty and maternity leave shall be compensated as hereinafter
set forth.
Qi7
III L I II
B. SICK LEAVE; ACCRUAL.
1. Paid sick leave shall be accrued by each permanent full -time
employee at the rate of one and one -half days for each month of
completed full -time duty to a maximum accrual of two hundred (200)
days. An employee hired on or after January 1, 1996, shall accrue
sick leave at the rate of one day for each month of completed
full -time duty to a maximum accrual of two hundred (200) days.
2. Probationary employees shall accrue paid sick leave benefits
during their probationary period.
3. Temporary and temporary part -time employees shall not accrue
paid sick leave benefits.
C. SICK LEAVE; BENEFITS UPON SEPARATION.
1. Upon separation for any reason other than death, discharge,
retirement, or resignation with more than 20 years continuous
service, an employee hired prior to January 1, 1996, whose sick leave
accumulation exceeds seventy -five (75) days shall be paid at his
regular rate of pay for the amount of sick leave accumulated over
seventy -five (75) days, but not to exceed seventy -five (75) days.
2. Upon separation due to retirement, death, or resignation with
20 or more years continuous service, an employee hired prior to
January 1, 1996 shall be paid at his regular rate of pay for all
accumulated sick leave, but not to exceed one hundred twenty (120)
days.
3. In the event of death, such sum shall be paid to the
beneficiary designated by the employee and, if no beneficiary is
41
designated, to the surviving spouse and, in the event there is no
surviving spouse, such sum shall be paid to the estate of such
employee.
4. Separation benefits shall be paid immediately upon the
effective date of separation.
5. Employees hired on or after January 1, 1996, shall not be
reimbursed for unused sick leave upon separation. These employees
will have the option to receive compensation for ten (10) days of
sick leave each year at one -half (1/2) pay. However, before an
employee may exercise this option, he must have a minimum of
twenty -four (24) days of unused accrued sick leave to his credit, and
his accrual may not be reduced to less than twenty -four (24) days by
the exercise of this option.
6. Employees hired prior to January 1, 1996, shall have the
option of electing the new plan, however, they must waive all
benefits under Sections 20 (c) (1) , 20 (c) (2) , 20 (c) (3) , and 20
(c) (7) of this Article. Once this election is made, the employee may
not return to the old plan. This election to enter the new plan must
be made prior to January 1, 1996. Employees who opt into the new
plan shall accrue sick leave at one day for each month of completed
full -time service with the City.
7. Employees hired prior to January 1, 1996, who have not
elected the new plan, and who have at least 15 years of service and
120 days of accrued, unused sick leave to their credit, may annually
42
sell back up to 10 days of sick leave for 1/2 pay. The number of
sick leave days sold back to the City shall be deducted from the
employee's accrual, but his accrual will be increased by future sick
leave accrued but unused, to the maximum of 200 days. The amount of
days available for buy -back under Sections 20 (c) (1) and 20 (c) (2)
shall be permanently reduced by one -half of the days sold back to the
City.
Section 2. INJURY LEAVE.
Al. 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 injury.
A. If benefits are reduced by 50% under the provisions of
the Workman's Compensation Act of Colorado due to the willful failure
to use safety devices, willful failure to obey safety rules or
intoxication of the employee, injury leave benefits otherwise payable
under this Section shall be denied.
B. Injury leave benefits as set forth herein are maximum
benefits for each injury. Employees on injury leave shall be granted
all benefits provided other employees covered by this Agreement the
same as if they were in active service of the City.
C. Workmen's Compensation temporary disability benefits
paid to an employee for the same period of time he receives injury
43
leave benefits hereunder shall be reimbursed to the City, provided;
that no amount shall be reimbursed until such time as the temporary
disability benefits are actually paid. In the event an employee
receives temporary disability benefits for the period he received
injury leave benefits, he shall endorse to the City the check
received by him for the purpose of paying such benefits. Receipt of
injury leave benefits hereunder by an employee shall operate as and
be a partial assignment to the City of said employee's interest in
and to any cause of action against a third party as defined in C.R.S.
1973 8 -52 -100, et. seq., as amended, to the extent of injury leave
benefits paid or payable hereunder by the City to said employee.
During such time as he is receiving injury leave benefits hereunder
and for a period of sixty (60) days from and after the receipt of the
final payment thereof, said employees shall have an exclusive right
to engage the services of an attorney -at -law to settle or to
otherwise dispose of said cause of action which shall not be settled
or otherwise disposed of without the written consent of the City. If
said employee engages the services of an attorney as aforesaid, the
City shall not be liable for costs or attorney fees in connection
therewith; however,in lieu thereof, the City agrees to limit its pro
rata share of any recovery so effected to seventy -five percent (75 %)
of injury leave benefits paid or payable to the employee hereunder.
If said employee fails to engage the services of an attorney, as
aforesaid, the City may take such action as it deems advisable for
44
the recovery of one hundred percent (100 %) of all injury leave
benefits paid to said employee, and said employee will cooperate with
the City in such action as it may take and furnish any and all papers
and information in his possession deemed by the City to be necessary
in connection therewith.
Section 3. FUNERAL LEAVE.
A. All paid funeral leave shall be deducted from accrued sick
leave.
B. In the event of the death of the member of employee Is
immediate family, the employee shall be granted immediate funeral
leave from the date of death plus five (5) consecutive work days
thereafter.
C. For the purposes of this Article, the immediate family shall
include: Parent, brother, sister, spouse, child, grandchild, grand-
parent, mother -in -law, father -in -law, or other relative residing in
the same household as the employee.
D. Each employee shall be entitled to paid leave from duty for
one (1) calendar day per year in order to attend the funeral of a
person other than a member of his immediate family.
E. Leave without pay or accrued vacation leave with pay may be
granted by the Department Head for further funeral purposes.
Section 4. TIME OFF TO VOTE. Each employee working for
the City on any election day shall be allowed such time off, with
pay, as is necessary to vote. This section shall not apply to any
45
employee whose hours of employment on the day of the election are
such that there are three (3) or more hours between the time of
opening and the time of closing of the polls during which the
employee is not employed on the job.
Section 5. COURT LEAVE.
A. Employees called for jury duty during working hours shall be
granted leave. Employees shall receive their regular pay based on
the hours they are normally scheduled to work during such time of
service, provided that they pay to the City any jury duty fees,
excluding mileage and parking reimbursement which they receive.
Mileage compensation, as well as jury duty or witness fees earned
during holidays or vacation shall be retained by the employee. An
employee who reports to the court for jury duty, but is excused for
the day shall report to his /her job assignment within a reasonable
time.
B. Employees who are subpoenaed to appear in court shall receive
time off with pay upon turning over to the Employer any fees they
receive for appearing. This provision shall not apply in any
instance where the employee is a party in any fashion to the court
action in question unless the employee's involvement arises out of
performance by the employee of his /her regular duties and
responsibilities for the City.
Section 6. MILITARY LEAVE. Any permanent employee who
presents official orders requiring his attendance for a period of
46
training or active duty as a member of the United States Armed Forces
shall be entitled to military leave for a period or periods not to
exceed a total of fifteen (15) calendar days in any one year.
Military leave shall be in addition to, and may not be concurrent
with, authorized vacation leave. The City shall pay such employee
his full pay, minus the amount of his military base pay for any
scheduled work day spent on military leave. Upon his return to work
from a military leave, each employee shall provide to the City a copy
of his military pay voucher, so that the amount of City pay owed to
him can be determined.
Section 7. MATERNITY /PATERNITY LEAVE.
A. An employee shall be granted leave for the birth of the
employee's child. Maternity leave shall commence at the time of the
child's birth or at the time recommended by the mother's physician
and such leave shall expire upon the physician's written
recommendation or six weeks from the date of birth, whichever first
occurs.
B. Paternity leave shall not exceed three (3) weeks and shall
commence at the time of the birth of the child, unless otherwise
agreed by the employee and the appropriate supervisor.
C. An employee may utilize either sick leave or vacation leave
for maternity or paternity leave purposes.
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ARTICLE 21
LIGHT DUTY
Section 1. If, as a result of service connected injury or
illness, an employee is temporarily disabled and unable to
efficiently perform the duties of his position, but is able to
efficiently perform the duties of some other position in which a
vacancy exists and which position is compatible with the employee's
skills and abilities, then the department head(s) may refer the
employee for placement in such vacant position for a period not to
exceed six (6) months. Upon approval of the Department Head,
Personnel Director, and the City Manager, the employee may be so
employed. Such assignment shall be called light duty.
Section 2. The salary and benefits of an employee on
light duty shall be at least equal to the salary and benefits at
which he was employed at the time of his injury or illness.
Section 3. Upon presentation of a doctor's certificate
stating that the employee is physically capable of performing all the
duties of the position in which he was classified to work at the time
of his injury or illness, he shall be returned to full duty at that
classification. If the Department Head determines that the work of
the employee upon return to work is not satisfactory, the Department
Head may cause the employee to be reexamined to determine his ability
to perform.
48
Section 4. Any employee who refuses to cooperate in the
placement program, by failure to accept or continue in the employment
offered, shall, as of any such refusal, be disciplined.
49
I I I IiNII�IIIIIII��
ARTICLE 22
MEAL PERIODS AND REST PERIODS
Section 1. MEAL PERIODS The City agrees to continue
providing an unpaid meal period at or near the middle of the
workshift for all employees except emergency services dispatchers,
animal shelter employees, airport utility workers assigned to
security, zookeepers and desk sergeant clerks.
Emergency services dispatchers, animal shelter employees, airport
utility workers assigned to security, zookeepers and desk sergeant
clerks shall be provided a lunch break at or near the middle of the
workshift when conditions reasonably permit. During such time as the
employee is eating, he or she will be fully responsible for the
performance of his or her assigned duties unless other qualified and
assigned dispatchers, animal shelter employees, airport utility
workers assigned to security, zookeepers, or desk sergeant clerks are
present and able to perform such duties.
The City will provide an opportunity and materials for washing up
prior to eating.
Section 2. REST PERIODS In all work groups where on the
date of execution of this Agreement authorized practices existed in
respect to rest periods (coffee breaks, etc.) , these practices shall
continue for the duration of this Agreement. In addition to any
regularly scheduled breaks, employees shall be entitled to reasonable
and necessary time for the purpose of going to restroom facilities.
50
ARTICLE 23
HOLIDAYS
Section 1. DESIGNATION. The following days are hereby
declared holidays for all employees:
A. The first day of January (New Year's Day)
B. The third Monday in January (Martin Luther King Day)
C. The third Monday in February (Presidents Day)
D. The last Monday in May (Memorial Day)
E. The fourth day of July (Independence Day)
F. The first Monday of September (Labor Day)
G. The second Monday in October (Columbus Day)
H. The fourth Thursday in November (Thanksgiving Day)
I. The day after Thanksgiving
J. The twenty -fifth day of December (Christmas Day)
K. Two personal days (to be used any time with Departmental
approval) . In the Police Department Communication Center,
the employee will be allowed two (2) shifts.
Section 2. SATURDAY AND SUNDAY OBSERVATION. when any
holiday listed above falls on Saturday, the preceding Friday shall be
observed as the holiday; when the holiday falls on Sunday, the
following Monday shall be observed as a holiday.
For those employees scheduled to work on a Saturday or Sunday
holiday, that day shall be considered the holiday. For those
employees scheduled not to work on a Sunday or Monday holiday, the
51
preceding Saturday shall be considered the holiday. In addition to
the above, any day may be designated as a holiday by proclamation of
the mayor upon approval of the City Council.
Section 3. WORK ON A HOLIDAY. The City Manager,
Department Head, or immediate supervisor may require any employee to
work on a holiday. Eligible employees who are required to work on a
holiday will receive premium compensation for such service at the
rate of one additional hour of overtime pay for each hour, or
fraction thereof, of work performed on a holiday, in addition to
their regular monthly compensation.
52
ARTICLE 24
VACATION
Section 1. ENTITLEMENT. Every Employee hired prior to 1/1/97
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
6 Shifts (8
Hours)
8
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
Every employee hired
on or after
1/1/97
shall be
allowed vacation leave
with pay at
the rate set forth
in the
following schedule:
SERVICE REQUIRED
0 - 6 Months
7 months - 60 months
ANNUAL ACCRUAL
0 Shifts
ACCRUAL RATE
0 hours for each
full month service
6.67 hours for each
full month service
10 hours for each
full month service
12 hours for each
full month service
14 hours for each
full month service
10 Shifts ( 8 Hours)
61 months - 120 months 15 Shifts (8 Hours)
121 months - 180 months 18 Shifts (8 Hours)
181 months or more 21 Shifts ( 8 Hours)
53
Section 2. HOW TAKEN. Vacation credit may be accumulated to a
maximum of twice the amount accrued annually by the particular employee at
any one time, and such leave may be granted in minimum and maximum periods
as provided by the department head concerned; provided vacation leave will
not be granted in excess of vacation credit earned prior to the starting
day of leave.
Section 3. VACATION RECORDS. Each department head shall keep
the necessary records of vacation leave allowance. Vacation schedules
shall be worked out between the department head and the employees of his
department. The employee in the classification with the longest
consecutive length of service, as defined in Rule 37 of the Civil Service
Rules, with the City shall be given first choice, the next senior employee
second choice, and the like for succeeding conflicts, if any. For the
purpose of vacations in the Police Department Communication Center for
members of the Bargaining Unit, there shall be created three (3) vacation
rosters, by shift, and for the purpose of compiling a seniority list, the
Senior Dispatcher Classification and the Dispatcher Classification shall be
combined and the employees on the shift will choose their vacations on the
basis of seniority on the combined seniority list by shift. The department
head shall have the right to determine how many employees in a
classification may be off on vacation at any one time.
For the purpose of scheduling vacations in the Streets Division, the
following shall apply:
1. Vacations shall be scheduled for each area crew.
For each area crew, there shall be two (2) vacation
rosters, each of which shall have combined classifications.
54
2. The first vacation roster on each crew shall contain
the classification of Crew Leader,
Street Inspector and Equipment Operator IV
and Equipment Operator II. Within those classifications,
the employee with the longest consecutive
service within the Department shall be
given first choice to schedule vacation, the next senior
employee second choice and, the like for succeeding
employees.
3. The second vacation roster for each crew shall contain
the combined classifications of Sweeper Operator,
Equipment Operator I and Laborer. Within those
classifications, the employee with the longest
consecutive service within the department shall be
given first choice to schedule vacation, the next
senior employee second choice and, the like for
succeeding employees.
4. Six (6) employees on each crew shall be allowed
vacation at the same time, three from the first
vacation roster and three from the second vacation
roster on each crew.
Section 4. PAY IN LIEU OF VACATION. If, in the
discretion of the City Manager, an emergency exists, an employee may
be granted the equivalent in money, of vacation leave to which such
55
employee is entitled for that year; but it is the policy of the
council that each employee shall be granted a full amount of vacation
leave each year.
Section 5. CREDIT FOR HOLIDAY WORKED. in lieu of other
holiday benefits, emergency service dispatchers, airport utility
workers, desk sergeant clerks, and animal shelter employees shall be
credited with one additional working shift of vacation for each
holiday set forth in Article 23, except for personal holiday(s) , at
the end of each completed year of service. Said employees shall not
receive an additional vacation day for personal holiday(s) .
56
ARTICLE 25
HEALTH, HOSPITALIZATION AND DENTAL INSURANCE
Section 1. HEALTH, ACCIDENT, HOSPITALIZATION AND MAJOR MEDICAL
INSURANCE, The City will make every reasonable effort to obtain a
health benefit plan covering the employees in the bargaining unit,
under the procedures and conditions set forth in this Article. The
City shall pay $98.14 plus one -half (1/2) of the difference between
$98.14 and the actual premium for an individual policy per month.
The City shall pay the amount of $209.27 plus one -half (1/2) of the
difference between $209.27 and the actual cost of a premium toward
the cost of a family policy per month for employees, provided that
the maximum contribution by the City under this Article shall not
exceed a maximum of Two Hundred and eighty -one dollars ($281.00) per
month, in addition to the $24.66 monthly contribution toward dental
insurance established in Section 2 herein.
Section 2. DENTAL POLICY. The City shall pay $24.66
monthly toward the full cost of an individual employee policy or
family policy for employees.
Section 3. INSURANCE COMMITTEE. The City and the Union
will form an insurance, joint, consultation committee, composed of
not more than two (2) representatives designated by each. Nothing in
the language of this Article shall be interpreted to preclude the
participation of representatives of the bargaining agents of other
bargaining units, from participating in the consultations of the
57
committee. All meetings with representatives of health care plans,
for the purpose of discussing bid specifications and plan structure,
shall be conducted by and with the committee.
The Committee shall confer regarding bid specifications and the
letting of bids for the health benefit plan required under this
Article. However, because of the City's contribution cap, the Union
shall have the right to unilaterally determine the bid specifications
for the health benefit plan covering employees in the bargaining
unit. Such bid specifications shall include, but not be limited to,
the following:
a)
Deductibles;
b)
Co- Payments;
c)
Coverage;
d)
Benefits;
e) Specialist Referral, location, and availability'
f) Participation eligibility;
g) Physicians available under the plan (the list of available
primary care physicians under HMO and PPO Options may be
required, at a minimum, to include those physicians, who are
designated as primary care physicians by 90 percent of the
employees in the bargaining unit and covered dependents);
h) Options;
i ) Tiers.
M
The City shall solicit bids for the health benefit plan based
upon the bid specifications established by the Union. The City shall
award the contract (s) for the health benefit plan to those bidders,
who meet bid specifications at the lowest aggregate premium cost for
all options required under the bid specifications.
Nothing in this Article shall preclude other City of Pueblo,
employees, bargaining units, City of Pueblo Transportation Company
employees or City of Pueblo, Union- Exempt, Supervisory Employees from
participating in the health benefit plan provided pursuant to this
article.
The consultations of the committee established under this Section
of this Article shall not be subject to the grievance /arbitration
procedure of this agreement.
59
ARTICLE 26
CIVILIAN LAW ENFORCEMENT PERSONNEL
The City shall in consultation with federal, state and local
authorities, develop a comprehensive plan for the training of all
civilian law enforcement personnel. This plan must cover all the law
enforcement duties performed by the employees and shall be completed
by March 31, 1987. The plan shall be submitted to and approved in
writing by the Chief of Police and the City Manager of Pueblo. It
shall be submitted to the Union for their advice and comment prior to
adoption. Further, copies shall be submitted to the Federal Aviation
Administration for comment prior to its adoption. At a minimum the
plan will provide for twenty -four (24) hours of annual training in
the performance of law enforcement responsibilities and an additional
twenty -four (24) hours in firefighting and first aide duties.
.E
ARTICLE 27
NEW CLASSES
Section 1. NEW CLASSES. in the event of the creation of a new
class during the term of this Agreement, the parties shall meet and
confer in good faith respecting such class within twenty (20) days
from the creation thereof. The parties may, if they mutually agree,
amend this Agreement by memorandum of understanding to make special
provisions for such new class.
Section 2. PROVIDING DATA. Both parties agree they are
mutually obligated to provide all reasonable required data in their
possession to the other party in respect of the discussions referred
to in Section 1 hereof.
61
ARTICLE 28
OTHER CONDITIONS
1. During the term of this Agreement, no existing practice
affecting a mandatory subject of bargaining, as defined in Section
8 -14 of the Charter of the City of Pueblo, shall be changed, except
by mutual written agreement of the parties.
The term "existing practice affecting a mandatory subject of
bargaining" does not include any right reserved to the City under
Article 3 of this Agreement.
2. In accordance with City Council Resolution No. 7157, smoking
by any member of the bargaining unit is prohibited in all public
buildings which are owned, leased or controlled by the City of
Pueblo, except in designated smoking areas, if any, located in
restaurants operated under concession or management agreements with
the City.
M .
ARTICLE 29
WAIVER AND NOTICE
Section 1. WAIVER. Failure of either party to enforce, or
insist upon, the performance of any term, condition or provision of
this Agreement in any one or more instances shall not be deemed a
waiver of such term, condition or provision. No term, condition or
provision of this Agreement shall be deemed waived by either party
unless such waiver is reduced to writing and signed by an agent of
the party who has actual authority to give such waiver. If such
written waiver is given, it shall apply only to the specific case for
which the waiver is given and shall not be construed as a general or
absolute waiver of the term, condition or provision, which is the
subject matter of the waiver.
Section 2. NOTICE REQUIREMENTS. where any provision of
this Agreement requires that any notice or information be given by
one party to the other party within a specified time, such
requirement will not be met unless such notice is personally served
upon the official of the other party designated to receive such
notice under the terms of this Agreement or left at such persons sIs
regular business office during normal business hours with his
secretary or clerk, within the limits specified in this Agreement.
The Union shall provide to the City the names of not less than three
(3) authorized representatives. Service of any notice required under
the terms of this Agreement upon such an authorized representative
shall be effective service upon the Union.
63
ARTICLE 30
SEVERABILITY
Should any provision of this Agreement be found to be
inoperative, void or invalid by a court of competent jurisdiction,
all other provisions of this Agreement shall remain in full force and
effect for the duration of this Agreement. However, if any provision
of this Agreement should be declared invalid by any court of
competent jurisdiction, then the parties to this Agreement shall meet
within fifteen (15) days from the date they learn of such declaration
and negotiate in good faith for the purpose of agreeing upon a lawful
provision which would accomplish the intent of the parties as
expressed by the provision declared invalid.
ARTICLE 31
ENTIRE AGREEMENT
AGREEMENT COVERS ALL MATTERS. The Union and the City agree
that this Agreement covers all matters affecting wages, rate of pay,
hours, grievance procedures, working, and other terms and conditions
of employment. These matters are not available for further
negotiations during the administration of this Collective Bargaining
Agreement, except as specifically provided for herein. During the
terms of this Agreement, neither the City nor the Union shall utilize
this Article to avoid processing matters set forth in this Agreement
through the settlement of disputes provisions.
M
ARTICLE 32
ABSENCE WITHOUT LEAVE
Any officer or employee who finds it necessary to be absent from
duty due to emergency shall report the reasons therefor to his
supervisor or department at least one hour before working time, on
the first day of such absence, and thereafter as reasonably
established by the Department Head pursuant to Article 18. If this
is not possible, the employee shall report to his supervisor or
department at the earliest possible time and shall state the reasons
for his failure to report at least one hour before working time.
Failure of an employee to so report may be grounds for disciplinary
action.
65
APPENDIX A
CITY OF PUEBLO
P.A.G.E.
BARGAINING UNIT
The Bargaining Unit shall consist of all non - supervisory
employees in the classified service of the City of Pueblo, except
Fire Fighters, Police Officers and Stage Hands. Specifically
excluded are the following:
Administrative Assistant in City Manager's Office
Airport Superintendent
Animal Control Supervisor
Assistant Wastewater Treatment Plant Superintendent
Building and Grounds Maintenance Superintendent
Chief Accountant
Civil Engineer- Construction
Civil Engineer- Design
Civil Service Administrator
Clerical Supervisor
Court Administrator
Housing & Commercial Development Coordinator II
Park Supervisor
Park Superintendent
r4m
Personnel Analyst
Personnel and Employee Relations Assistant
Personnel and Employee Relations Secretary
Program Specialist
Radio Engineer
Recreation Center Director
Senior Computer Programmer
Senior Parts Clerk
Sewer Maintenance Supervisor
Shop Supervisor
Street Maintenance Supervisor
Streets Superintendent
Tax Auditor Supervisor
Traffic Operations Engineer
Traffic Control Superintendent
Wastewater Treatment Plant Laboratory Supervisor
Wastewater Treatment Plant Superintendent
Wastewater Maintenance Supervisor
M
APPENDIX B
CLOSED CLASSES
Administrative Tech
Airport Maintenance Mechanic
Airport Utility Worker
Animal Control Officer
Area Crew Leader
Assistant Traffic Control Superintendent
Assistant Wastewater Treatment Plant Operator
Assistant Wastewater Treatment Plant Operator A
Assistant Wastewater Treatment Plant Operator B
Assistant Wastewater Treatment Plant Operator C
Assistant Wastewater Treatment Plant Operator D
Associate Engineer I
Associate Engineer II
Auto Mechanic
Building and Grounds Maintenance Mechanic
Chief Waste Water Treatment Plant Operator
Computer Operator
Engineering Drafter
Equipment Operator I
Equipment Operator II
Equipment Operator IV
Financial Data Input Operator
Florist
Fuel Quality Control Technician
Gardener
Junior Programmer
Lab Analyst II
Lead Painter
Loan Coordinator II
Maintenance Mechanic
Mechanic Helper
Park Caretaker II
Park Maintenance Mechanic
Park Senior Mechanic
Parts Clerk
Senior Radio Technician
Senior Emergency Services Dispatcher
Senior Airport Utility Worker
Senior Clerk Steno
Senior Clerk Typist
Senior Auto Mechanic
Senior Clerk
Senior Planner
Senior Rehab Specialist
Senior Wastewater Treatment Plant Maintenance Mechanic
Street Inspector
Survey Party Chief
Sweeper Operator
Systems Analyst
Tax Auditor II
Traffic Control Utility Worker I
Traffic Control Utility Worker II
70
1 i 1'1' 401491��
Traffic Signs and Marking Specialist
Utility & Maintenance Worker I
Utility Worker II
Wastewater Treatment Plant Utility Worker III
Wastewater Treatment Plant Maintenance Mechanic
Wastewater Utility Worker I
Wastewater Utility Worker II
Wastewater Utility Worker IV
Welder
71
APPENDIX C
CLASSES WHICH ARE OPEN OR CLOSED
UPON DETERMINATION OF CITY MANAGER
Animal Shelter Attendant
Aquatics Coordinator
Bailiff - Municipal Court
Building Custodian
Carpenter
Clerk Typist
Computer Programmer
Construction Inspector
Electrician
Emergency Services Dispatcher
Engineering Aide
Financial Data Supervisor
Junior Clerk Typist
Laboratory Analyst I
Laborer
Loan Coordinator I
Messenger
Painter
Park Caretaker I
Parking Enforcer
Planner
72
Planning Technician
Pretreatment Coordinator
Pretreatment Specialist
Radio Technician
Recreation Supervisor I
Rehab Specialist
Senior Traffic Signal Technician
Senior Traffic Signal Technician Trainee
Wastewater Utility Engineer
Surveyor
Tax Auditor
Traffic Signal Technician
Warehouse Person
Zoning Inspector
73
ARTICLE 33
TERM OF AGREEMENT
This Agreement shall be effective January 1, 1997 and all of its
provisions shall remain fully effective through December 31, 1997, unless
amended by the parties as herein set forth.
IN WITNESS WHEREOF, the parties hereto have set their hands
this 26th day of August , 1996.
PUEBLO ASSOCIATION OF
GOVERNMENT EMPLOYEES
CITY OF PUEBLO:
President
AIL
creta
Pres' ent of C6uncil
ATTEST:
.. .- • o A 1
APPROVED: As To Fow:
G me