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Home My WebLink About06384ORDINANCE NO. §$4 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 1999 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO that: •� The Collective Bargaining Agreement to be entered into November 23, 1998, between the City of Pueblo, a Municipal Corporation and Pueblo Association of Government Employees for the calendar year 1999, the original of which is on file in the office of the City Clerk, is hereby approved. 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. C or i nne Koeh Councilperson i t I .., ATTEST: Cily RECEIVED JAN 6 1999 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF PUEBLO AND PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES COMMENCING JANUAY 1, 1999 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 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 41 ARTICLE 20. LEAVES AND OTHER ABSENCES 42 ARTICLE 21. LIGHT DUTY 50 ARTICLE ARTICLE 22. ARTICLE 23. ARTICLE 24. ARTICLE 25. ARTICLE 26. ARTICLE 27. ARTICLE 28. ARTICLE 29. ARTICLE 30. ARTICLE 31. ARTICLE 32. ARTICLE 33. APPENDIX A. APPENDIX B. APPENDIX C. MEAL PERIODS AND REST PERIODS HOLIDAYS VACATION HEALTH, HOSPITALIZATION AND DENTALINSURANCE CIVILIAN LAW ENFORCEMENT PERSONNEL NEW CLASSES OTHER CONDITIONS WAIVER AND NOTICE SEVERABILITY ENTIRE AGREEMENT ABSENCE WITHOUT LEAVE TERM OF AGREEMENT PAGE 51 52 54 58 61 62 63 64 65 65 66 67 68 70 72 m 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. 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. 1 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. Ist of each year upon giving written notice to either the City or the Union by the preceding December 1st. 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. LAST NAME FIRST NAME MIDDLE NAME EMPLOYER DEPARTMENT EFFECTIVE: DATE 1 hereby voluntarily request and authorize you to deduct monthly from 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. 6 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, responsibilities, 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. 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, however, such employee shall have the right to appeal such action pursuant to Section 6 -10 -1 of the Code of Ordinances. 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 s 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 grievabce 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 shall respond to both the Union and the grievant within seven (7) days after the meeting is concluded. 10 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 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. 12 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 highest ranking eligible on the list, if the person so removed does not actually qualify or meet requirements. 18 (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 (1) The City shall notify each eligible certified for a vacancy of the appointment and the appeal rights available hereunder. If not appointed, the highest ranking eligible for each vacancy may appeal his rejection to the Civil Service Commission by filing a written notice of appeal within seven (7) days after receipt of the notice of appointment. The Commission shall hear the appeal within five (5) days of the filing of the notice of appeal. The City and the individual appointed shall also be notified of the hearing and be given an opportunity to be heard. The person filing the appeal shall have the burden .of proving that the City Manager's appointment was arbitrary, capricious or a clearly unwarranted abuse of discretion. If the Commission sustains the appeal, the appointment shall be vacated and the appellant shall be appointed to the position by the City Manager pursuant to the decision of the Commission retroactive to the date of the original appointment. (j) The Commission shall render its decision within five (5) days after the hearing which shall be final and binding subject only to judicial review pursuant to Rule 106, CRCP. Classes within the bargaining unit shall be either closed classes, which are open only to members of the bargaining unit, or classes that may be closed, or open to all applicants, as determined by the City Manager. Classes that are closed classes are listed in Appendix B. Classes that may be closed or open are listed in Appendix C. 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. 26 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. Newly promoted and transferred 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 newly transferred or an employee demoted into a position not previously held shall serve a probationary period of six (6) months from the date of the transfer or demotion. 27 Section 4. RETURN TO PREVIOUS CLASS. A newly promoted, transferred or demoted employee may be returned to the previous class if the employee is unable to satisfactorily perform the duties of the new position. Such employee may grieve the return to the previous class under Article 5 of this Agreement. 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. 28 ARTICLE 15 WAGES AND OTHER PAYMENTS Section 1. WAGE INCREASES DURING CONTRACT. Effective January 1, 1999, 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 1998 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 $82,000 shall be allocated to the committee as of January 1, 1999, toward accomplishing these adjustments. Adjustments for 1999 will be effective January 1, 1999. 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 Fifty Cents ($52.50) per month. In no event shall longevity compensation exceed Fifty -Two Dollars and Fifty Cents ($52.50) per month. 29 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 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. 30 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 within. the PAGE bargaining unit for a period amounting to one hour or more within a pay period, the employee shall be paid One Hundred Percent (100 %) 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. In any case when an employee is assigned work in a position in a higher class outside the PAGE bargaining unit 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 One Hundred (100 %) 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 31 which the temporary vacancy occurs shall, 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 forty cents ($.40) 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 eighty cents ($.80) 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 traveled 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. 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 32 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. SECTION 8. BILINGUAL COMPENSATION. Certain positions in the City may be required to be filled by employees who possess bilingual capabilities. The City reserves the right to determine the number of positions, where the positions are located, competency levels, and the second language required for each. Employees that hold these positions will be paid an additional fifty dollars ($50.00) per month for their capabilities. These positions will be bid on a yearly basis by seniority among all department personnel who meet the competency level required by the City. 33 ARTICLE 16 UNIFORM AND PROTECTIVE CLOTHING Section 1. UNIFORMS. Any employee, except Parking Enforcers and Animal Shelter employees, who is authorized and required to wear an official uniform, shall have that uniform provided, maintained, and laundered by the City. Section 2. ANIMAL SHELTER AND PARKING ENFORCER In January of each year, the sum of Three Hundred Twenty -Eight Dollars ($328.00) shall be paid to full -time animal shelter employees and parking enforcers 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 June 1, 1997, 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. Section 3. SPECIAL FOOTWEAR. All employees who are authorized and required to wear special footwear shall be paid the sum of Fifty Dollars ($50.00) in January of each year. Such employees initially appointed during a year shall receive said footwear allowance with their initial pay check. 34 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. The department head may suspend such program for a period or periods not to exceed a total of sixty days in any year, whenever, in the judgment of the department head, operating needs of the department so require. 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. Also this provision does not apply to callbacks two (2) hours before and in 36 conjunction with commencement of the regular shift. In this case the employee will be paid a minimum of two hours at the overtime rate. 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 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. Any employee on sick leave is not eligible for overtime for that 24 hour period unless such sick leave is used for a 37 doctor or dentist appointment or attendance at a funeral. 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 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: (For actual procedure to be used at the Police Department Communications Center reference Intra- Department Communication dated August 17, 1997) (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 38 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. Section 9. SHIFT ASSIGNMENT. Employees assigned to a department or division /section thereof where two or more shifts are worked, shall be assigned to one of the shifts by the following procedures: A. Shift assignments shall be bid on a seniority basis on a minimum of once per year. B. Shift seniority shall be the length of service in a class within the department or division /section thereof. If departments or divisions /sections thereof are combined, seniority shall be integrated. C. An employee may be transferred to another shift on a temporary basis for a period not to exceed sixty (60) calendar days per year for training purposes or other verifiable department needs. D. Probationary employees may be assigned to any shift for training purposes, but it is understood that as much training as possible be done on the shift this employee will ultimately fill. E. The department head may involuntarily transfer an employee to another shift within the same division, but such transfer shall be for just cause only, subject to the grievance procedure. 39 F. No change in an employee's shift may be made by the City, except due to a verifiable emergency, unless the employee is given notice in advance of three (3) shifts, including the one in which the employee is notified. G. When a vacancy on a shift is filled or when a probationary employee completes his /her probation period vacating a more favorable training slot, the vacancy shall be filled by bidding process on a seniority basis. If not filled in this manner, the least senior employee will fill the vacancy. H. Employees, may, with supervisor approval, trade shift assignments with the most senior employee desiring the trade. 40 ARTICLE 19 OVERTIME Section 1. OVERTIME COMPENSATION. Employees will be compensated for overtime at the rate of time and one -half, in either cash or compensatory time, at the discretion of the employee for any overtime required. The overtime rate for each hour of overtime shall be computed as follows: 1 % times the sum of the basic monthly rate plus longevity pay, divided by 173.83, plus 1 % times the hourly shift differential, if any, for each overtime hour worked, plus 1 % times the hourly stepup pay, if any, for each overtime hour worked. 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 six months 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. 41 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. 42 If R011,111 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 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. 43 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 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. 44 III�I I.e 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 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 45 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 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. In addition to all leave benefits authorized under the terms of this Agreement, employees shall be entitled to funeral leave benefits pursuant to the terms of this Article. Funeral leave shall be a special administrative leave, which is not accrued, not subject to any maximum, and not charged against any other accrued leave benefits, if the funeral leave is used because of the death of the employee's spouse or child. Any other allowable use of funeral leave shall be charged against earned sick leave. 46 �� i IN 111 B. Each employee shall be entitled to funeral leave for a period not to exceed ten (10) consecutive calendar days, commencing with the day of notification of death, in the event of the death of a spouse, child or member of the employee's immediate family. Such leave shall be paid leave for any of the ten (10) consecutive calendar days that are scheduled work days, provided that in the case of the death of a member of the immediate family, the employee has a sufficient amount of sick leave accrued. C. For the purposes of this Article, the immediate family shall include: Parent, brother, sister, grandchild, grandparent, 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, provided the employee has a sufficient amount of sick leave. 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 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. 47 � 11 I IM11 III 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 compen- sation, 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 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 48 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. 49 t 11 M1111, 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. 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. 50 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, and desk sergeant clerks. Emergency services dispatchers, animal shelter employees, airport utility workers assigned to security, 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, 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. 51 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) 1. 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 Fisted 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 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. 52 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. 53 ARTICLE 24 VACATION Section 1. ENTITLEMENT. Every Employee hired prior to 111/97 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 ANNUAL ACCRUAL ACCRUAL RATE 0 - 6 Months 0 Shifts 0 hours for each full month service 7 months - 60 months 10 Shifts (8 Hours) 6.67 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 54 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. 55 2. The first vacation roster on each crew shall contain the classification of Crew Leader, Street Inspector and Equipment Operator IV and Equipment Operator I1. 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 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. 56 Any employee who has reached the age of fifty (50) and has a minimum of fifteen years of service with the City, may sell eighty (80) hours of vacation one time per year for no more than three years. 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). 57 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 58 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. 59 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. 60 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. 61 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. 62 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. 3. A bargaining unit member shall be a member of the CIRSA safety committee in each department. The union reserves the right to designate the member of the bargaining unit who will serve on the safety committee. 63 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 person's 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. 64 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. 65 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. 66 ARTICLE 33 TERM OF AGREEMENT This Agreement shall be effective January 1, 1999 and all of its provisions shall remain fully effective through December 31, 1999, unless amended by the parties as herein set forth. IN WITNESS WHEREOF, the parties hereto have set their hands this 2!�d day of 1998. PUEBLO ASSOCIATION OF CITY OF PUEBLO: GOVERNMENT EMPLOYEES ( �D President President of ounci ATTEST: Secreta Ci Ity Cle APPROVEDE3 �e e City Attor ey 67 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 11 Park Supervisor Park Superintendent 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 68 Traffic Operations Engineer Traffic Control Superintendent Wastewater Treatment Plant Laboratory Supervisor Wastewater Treatment Plant Superintendent Wastewater Maintenance Supervisor 69 APPENDIX B CLOSED CLASSES Administrative Tech Airport Maintenance Mechanic 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 Associate Engineer 11 Auto Mechanic Building and Grounds Maintenance Mechanic Chief Waste Water Treatment Plant Operator Computer Operator Engineering Drafter Equipment Operator I Equipment Operator 11 Equipment Operator IV Financial Data Input Operator Florist Fuel Quality Control Technician Gardener Junior Programmer Lab Analyst 11 Lead Painter Loan Coordinator 11 Maintenance Mechanic Mechanic Helper Park Caretaker 11 Park Maintenance Mechanic Park Senior Mechanic Parts Clerk 70 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 11 Traffic Control Utility Worker I Traffic Control Utility Worker 11 Traffic Signs and Marking Specialist Utility & Maintenance Worker 1 Utility Worker 11 Wastewater Treatment Plant Utility Worker 111 Wastewater Treatment Plant Maintenance Mechanic Wastewater Utility Worker Wastewater Utility Worker II Wastewater Utility Worker IV Welder 71 APPENDIX C CLASSES WHICH ARE OPEN OR CLOSED UPON DETERMINATION OF CITY MANAGER Airport Utility Worker 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 1 Laborer Loan Coordinator I Messenger Painter Park Caretaker 1 Parking Enforcer Planner Planning Technician Pretreatment Coordinator Pretreatment Specialist Radio Technician Recreation Supervisor 1 Rehab Specialist Senior Traffic Signal Technician Senior Traffic Signal Technician Trainee Wastewater Utility Engineer Surveyor Tax Auditor Traffic Signal Technician Warehouse Person Zoning Inspector 72