HomeMy WebLinkAbout08125ORDINANCE NO. 8125
AN ORDINANCE APPROVING AND ENACTING THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN CITY OF PUEBLO AND
PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES (PAGE)
COMMENCING JANUARY 1, 2010 AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, the corporate authorities of the City of Pueblo and the sole and
exclusive bargaining agent of the classified employees in the other classified employees
bargaining unit, i.e. Pueblo Association of Government Employees, have negotiated a
collective bargaining agreement commencing January 1, 2010 (the "Labor Agreement');
and
WHEREAS, the Labor Agreement has been reduced to writing and signed by
said parties pursuant to the requirements of Section 8 -14(I) of the Charter, City of
Pueblo, Colorado; and
WHEREAS, Section 8 -14(I) of the Charter of the City of Pueblo, Colorado, further
requires that the Labor Agreement be enacted as an Ordinance; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that
SFrTinN 1
The Collective Bargaining Agreement between the City of Pueblo and the Pueblo
Association of Government Employees commencing January 1, 2010, a copy of which
is attached hereto as Attachment 1, having been approved as to form by the City
Attorney, is hereby approved and enacted as an Ordinance.
SECTION 2.
The President of the City Council is authorized to execute the Collective
Bargaining Agreement in the name of the City.
SECTION 3.
This Ordinance shall become effective upon final approval and passage.
INTRODUCED: December 14, 2009
BY: Randy Thurston
} COUNCILPERSON
APPR D' } �-
PRESIDENTaf Cfty Council
A77TSTFD DY:
CITY CLERK
PASSED AND APPROVED: December 28. 2009
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # R -8
DATE: December 14, 2009
DEPARTMENT: CITY MANAGER: JERRY M. PACHECO
HUMAN RESOURCES DIRECTOR: NELDON DEMKE
TITLE
AN ORDINANCE APPROVING AND ENACTING THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN CITY OF PUEBLO AND PUEBLO ASSOCIATION OF
GOVERNMENT EMPLOYEES (PAGE) COMMENCING JANUARY 1, 2010 AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Shall the PAGE collective bargaining agreement be approved?
RECOMMENDATION
City Administration recommends approval.
BACKGROUND
The current collective bargaining agreement between the City and PAGE expires on
December 31, 2009. Pursuant to the requirements of the Charter, City of Pueblo,
Colorado, the City and PAGE commenced negotiations with respect to a successor
contract. Through the negotiations process, the parties were able to reach an
agreement on a successor contract. On December 3rd, 2009, the agreement was
reduced to writing and signed by the parties. Pursuant to §8 -14(I) of the Charter, City of
Pueblo, Colorado, the agreement must be enacted as an Ordinance.
The successor contract contains several substantive changes with respect to the prior
contract:
Article 9 During 2010 a Labor Management Committee will review training,
class consolidation, Personnel Policies and Procedures,
Attendance Management, a cafeteria benefits program and RFPs
for life insurance and disability insurance. The City will rollout a
performance appraisal system in 2010 having already trained
management.
Article 18 Establishes a new duty assignment section to allow for a
maintenance & equipment operator labor pool for special projects
to better utilize staff during seasonal and other needs.
Article 19 Defines what constitutes "work hours" for computing overtime
worked on one's day off and better defines compensatory time
procedures.
Article 33 Implements a voluntary wellness program with incentives to
improve physical and emotional wellness of employees
MOU To provide certification pay for Administrative Technicians and
Senior Clerks; for certified dispatch trainers, and to resolve a pay
equity dispute with Equipment Operator IVs. To provide a $22,000
for training and incentives for our class (labor pool) consolidation.
PERA To continue to pay 0.9% increase into the PERA fund for
bargaining unit employees per state law
FINANCIAL IMPACT
The terms of the agreement excluding the PERA contribution will cost approximately
$45,000. Wellness time off to be provided to employees tied to departmental staffing
but wellness bucks to be paid out of HR's wellness budget. Increased PERA
contributions have already been added to the budget but approximate $100,000.
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CITY OF PUEBLO
AND
PUEBLO ASSOCIATION OF GOVERNMENT EMPLOYEES
COMMENCING JANUARY 1, 2010
TABLE OF CONTENTS
ARTICLE PAGE
PREAMBLE. 1
DEFINITIONS. 2
ARTICLE 1. RECOGNITION 3
ARTICLE 2. UNION SECURITY - DUES DEDUCTIONS 4
ARTICLE 3. MANAGEMENT RIGHTS 9
ARTICLE 4. DISCIPLINE AND DISCHARGE 10
ARTICLE 5. GRIEVANCE AND ARBITRATION 12
ARTICLE 6. STRIKES AND LOCKOUTS 15
ARTICLE 7. SENIORITY, TRANSFERS AND PROMOTIONS 16
ARTICLE 8. GENERAL PROVISIONS 23
ARTICLE 9. SPECIAL CONFERENCES 24
ARTICLE 10. UNION REPRESENTATION 26
ARTICLE 11. UNION BULLETIN BOARDS 28
ARTICLE 12. PROBATION 29
ARTICLE 13. RESIGNATION 30
ARTICLE 14. EMPLOYEE PERSONNEL FILE 31
ARTICLE 15. WAGES AND OTHER PAYMENTS 32
ARTICLE 16. UNIFORM AND PROTECTIVE CLOTHING 37
ARTICLE 17. TOOLS 38
ARTICLE 18. HOURS OF WORK 39
ARTICLE 19. OVERTIME 44
ARTICLE 20. LEAVES AND OTHER ABSENCES 46
ARTICLE 21. LIGHT DUTY 54
ARTICLE PAGE
ARTICLE 22. MEAL PERIODS AND REST PERIODS 55
ARTICLE 23. HOLIDAYS 56
ARTICLE 24. VACATION 58
ARTICLE 25. HEALTH, HOSPITALIZATION AND
DENTAL INSURANCE 61
ARTICLE 26. CIVILIAN LAW ENFORCEMENT PERSONNEL 65
ARTICLE 27. NEW CLASSES 66
ARTICLE 28. OTHER CONDITIONS 67
ARTICLE 29. WAIVER AND NOTICE 68
ARTICLE 30. SEVERABILITY 69
ARTICLE 31. ENTIRE AGREEMENT 70
ARTICLE 32. TERM OF AGREEMENT 71
ARTICLE 33. WELLNESS PROGRAM 72
MEMORANDA 1 & 2 73
APPENDIX A. 76
APPENDIX B. 78
APPENDIX C. 80
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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 Human Resources 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.
Article and section titles or captions contained herein are descriptive but not
substantive.
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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.
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 notjoin the Union,
at the individual's sole discretion.
Section 3. DUES DEDUCTION. Upon receipt of a signed authorization from an
employee, the City shall deduct monthly from the pay of such employee: (a) the amount
of normal Union dues and assessments uniformly required of Union members, and (b)
initiation fees uniformly required of all Union members. Any revocation of such
authorization shall be effective the month following the date received by the City but not
earlier. Upon receipt of a revocation by the Finance Department, the City shall forward a
copy of the revocation to the Union.
Any signed authorization submitted by an employee after January 1, 2008, must
recite and set forth the language contained in Section 12 of this Article.
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.
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 a fair share fee for collective bargaining and contract administration services
rendered by the Union as the sole and exclusive representative of the employees
covered by this Agreement, provided said fair share fee shall not exceed the dues
attributable to being a member of the Union. The amount of the fair share fee shall not
include any contributions related to the election or support of any candidate for political
office or for any member -only benefit. The fair share fee should be uniform for each
employee subject to the obligation to pay a fair share fee. The Union may change the
fixed uniform dollar amount that will be considered the regular monthly fair share fee
once each calendar year during the life of this Agreement. The Union will give the City
thirty (30) days= notice of any such change in the amount of the fair share fee.
The Union agrees to assume full responsibility to insure full compliance with the
requirements laid down by the United States Supreme Court in Chicago Teachers Union
v. Hudson, 475 U. S. 292 (1986), with respect to the constitutional rights of fair share fee
payors. Accordingly, the Union agrees to do the following:
(a) Give advance notice to fair share fee payors of the amount of the fee and
an explanation of the basis for the fee, including the major categories of expenses, as
well as verification of same by an independent auditor.
(b) Advise fair share fee payors of an expeditious and impartial decision -
making process whereby fair share payors can object to the amount of fair share fee.
(c) Place the amount reasonably in dispute into an escrow account pending
resolution of any objections raised by fair share fee payors to the amount of the fair
share fee.
It is specifically agreed that any dispute concerning the amount of fair share fee
and/or the responsibilities of the Union with respect to fair share fee payors as set forth
above shall not be subject to the grievance and arbitration procedures set forth in this
Agreement.
Non - members who object to this fair share fee based upon bona fide religious
tenents or teachings shall pay an amount equal to such fair share fee to a non - religious
charitable organization mutually agreed upon by the employee and the Union. If the
affected non - member and the Union are unable to reach agreement on the organization,
the organization shall be selected by the affected non - member from an approved list of
charitable organizations established by the Civil Service Commission and the payment
shall be made to said organization.
The obligation for enforcement of this provision shall rest with the Union, not the
City.
Section 6. VOLUNTARY FAIR SHARE FEE DEDUCTIONS. The City agrees to
deduct the fair share fee set forth in Section 5 above from the pay of all employees who
hereafter voluntarily authorize such deductions in writing on a form provided for this
purpose by the City. Such fair share fees shall be deducted by the City from the
earnings of non- members and remitted to the Union with the same frequency and in the
same fashion as dues deductions. The Union shall periodically submit to the City a list
of the employees covered by this Agreement who are not members of the Union and an
affidavit which specifies the amount of the fair share fee.
Section 7. EFFECTIVE CONDITIONS. Sections 5 and 6 of this Article 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.
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.
Section 12. AUTHORIZATION FOR UNIONI DUES DEDUCTIONS.
I hereby voluntarily authorize the Department of Finance of the City of Pueblo to
deduct from my regular earnings, the Union dues, initiation fees and assessments, in the
amount certified by the duly authorized officer of the Pueblo Association of Government
Employees, and further authorize the remittance of such amount (s) to said Union in
accordance with the currently effective Agreement between the City of Pueblo and said
Union. This authorization is revocable by a notice in writing by certified mail to the
Department of Finance of the City of Pueblo and with a copy to the Union. Any
revocation received by the Department of Finance shall only be effective with respect to
my regular earnings earned in the month following the date received.
I hereby waive all right and claim for said monies so deducted and transmitted in
accordance with this authorization and, further and separately, relieve the City, any
Department of the City, the Union and all their officers, representatives or agents from
liability therefor.
Print Name
Signature
Date
1 '
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. DUE PROCESS. When the City is considering suspension without pay
or discharge, the involved employee shall be given a written statement indicating the
reasons or grounds for such action, and giving notice of the time and place of a meeting
with the employee. The meeting time shall be not less than seven calendar days after
date of the notice.
The written statement and notice of meeting 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.
The employee may, on or before the date and time of the meeting, file a written
response thereto setting forth in detail an explanation of or defenses, if any, to the
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reasons or grounds contained in the statement. At such meeting the employee may also
make an oral statement regarding the charges.
The employee shall have the right to the presence of a union representative at
such meeting, but shall have no right to a continuance of such meeting to secure the
presence of a particular union representative.
The Department Head will consider the employee's written response, if any, and
oral statement, if any, if timely received, before taking final action on the termination or
suspension.
This Article remains subject to the limitations contained in section 8 -14(b) of the
City Charter.
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.
a) 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.
b) If an employee has not received a disciplinary action, excluding demotion,
suspension or dismissal, for a period of three (3) years, he /she may request that all
disciplinary action, excluding demotion, suspension, and dismissal, over three (3) years
old be removed from his /her file maintained in the City Human Resources Department.
Such removal should not be unreasonably denied by the City.
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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 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
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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.
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, either on paper or by electronic medium such as e-mail, 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
13
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, either on paper or by
electronic medium such as e-mail.
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.
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.
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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 slowdown 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.
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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.
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. A promoted employee shall be placed on the salary schedule at
the step which results in not less than a three percent (3 %) increase in salary, or at the
top of the salary schedule for the new position, whichever is less.
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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 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
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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 ten (10) calendar days, and will place a copy of the notice in the union
mailbox in the City Clerk's office.
Employees who file with the City written requests for consideration to transfer to
vacancies that have been posted shall be considered; however, no such request shall be
considered until all employees with applicable reinstatement or bumping rights have
been accommodated.
If a position is not filled through reinstatement, demotion, reemployment or
transfer, the City shall fill the position from a civil service eligible list in the following
manner:
(a) The Director shall forward a copy of the appropriate class specification to the
Civil Service Commission, with a request for certification of the names of the three
highest ranking persons on the appropriate eligible list; provided that in case of a
recruitment for Clerk Typist, Utility Worker, or Emergency Services Dispatcher, the
Director shall request a certification of the names of the five highest ranking persons on
the appropriate eligible list.
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(b) The Director may also request from the Commission further information
relating to the persons certified and to their application, examination or certification
process.
(c) Removal and certification of next highest eligible.
(1) If any person certified pursuant to above subsection (a) or
otherwise hereunder, fails to accept appointment to the position or fails to appear for an
employment interview, that person shall be removed from the list and the name of
person next highest on the eligible list shall be certified. Pursuant to the requirements of
Civil Service Rule 31, the Civil Service Commission may retain on the eligible list the
name of a person who refused an appointment or failed to appear for an employment
interview only upon that person's timely request and for just cause.
(2) If any person certified pursuant to above subsection (a) or
otherwise hereunder declines an employment interview, that person shall be removed
from the list and the name of the person next highest on the eligible list shall be certified.
Except for the positions of Clerk Typist, Utility Worker, and Emergency Services
Dispatcher and pursuant to the requirements of Civil Service Rule 31, the Civil Service
Commission shall retain on the list the name of a person who declines an employment
interview upon that person's timely request. Irrespective of whether such person is
retained on the list, the next highest eligible on the appropriate list shall be certified if
requested by the Director.
With respect to the positions of Clerk Typist, Utility Worker, and Emergency
Services Dispatcher and pursuant to the requirements of Civil Service Rule 31, the Civil
Service Commission may retain on the eligible list the name of a person who declines an
employment interview only upon that person's timely request and for just cause.
(3) The Director may request removal from the list of the name of a
person who does not otherwise qualify for or meet a requirement of the position. The
19
Civil Service Commission shall grant such request and certify the name of the next
highest ranking eligible on the list, if the person so removed does not actually qualify or
meet requirements.
(d) If more than one vacancy is to be filled from an eligible list, the Director may
request certification of an additional name for the second and each subsequent vacancy.
(e) If less than three names appear or remain on an eligible list, not including
persons retained on the list pursuant to above subsection (c), the City Manager may
either request that the Commission establish a new eligible list, or may accept a
certification of less than three names; provided that in the case of a recruitment for
Clerk Typist, Utility Worker or Emergency Services Dispatcher, the City Manager may
request a new eligible list if less than five names remain on the existing list, or may
accept a certification of less than five names.
(f) If a person certified for appointment from an eligible list is rejected or passed
over twice the City Manager may request removal of the person from that eligible list.
The Civil Service Commission may deny such request upon the basis of the person's
qualifications.
(g) After a certification, the Director shall select a committee of at least three (3)
persons to evaluate the persons certified. No member of the bargaining unit shall be
allowed or required to serve as a member of the committee. Not more than one (1)
member of a division of a department may be a member of the committee.
(h) After consultation with the involved department or bureau head and the
committee, the Director shall forward the names of all persons certified and
recommendations to the City Manager, who shall make the final appointment.
(i) The City shall notify each eligible certified for a vacancy of the appointment and
the appeal rights available hereunder. If not appointed, the highest ranking eligible for
each vacancy may appeal his rejection to the Civil Service Commission by filing a written
20
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.
Q) 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.
(k) Regardless of length of service or seniority, employees inside or outside of
the bargaining unit shall be limited to a maximum of ten (10) seniority points on all civil
service entry level or promotional examinations.
Classes within the bargaining unit shall be either closed classes, which are open
only to members of the bargaining unit, or classes that may be closed, or open to all
applicants, as determined by the City Manager. Classes that are closed classes are
listed in Appendix B. Classes that may be closed or open are listed in Appendix C.
Civil Service examinations for all classes in Appendix B shall be open only to
employees within the bargaining unit who meet the qualifications for such classes. If the
Civil Service Commission, after announcement of an examination and acceptance of
applications for a class in Appendix B, determines that there are no qualified employee
applicants available, the Commission may open such examination to non - employee
applicants.
21
If the City Manager determines that a class in Appendix C is to be a closed class,
examinations for such a class shall be conducted in accordance with the preceding
paragraph. If the City Manager determines that a class in Appendix C is to be an open
class, examinations for such a class shall be open to all applicants.
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.
22
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.
23
ARTICLE 9. SPECIAL CONFERENCES
The City and the Union agree to set up a Labor Management Committee
( "Committee ") which shall consist of two (2) representatives appointed by the Union
President and two (2) representatives appointed by the City Manager. If the Committee
meets with respect to a subject which affects more than one (1) Department, the
composition of the Committee will be increased to three (3) representatives of the Union
and three (3) representatives of the City as may be reasonably necessary depending on
the complexity of the issue. Either party may bring in a subject matter expert to provide
additional or needed information and to assist in the understanding of any particular
subject under discussion.
The Committee shall discuss matters of concern to either the Union, the
Department and/or the City as a whole. Statements by Committee members made
during Labor Management meetings shall not be used as evidence or admissions in any
grievance or arbitration proceeding between the parties. The failure of any party to
reach agreement on any subject raised pursuant to this Article shall not be indicative of
bad faith, nor shall such failure initiate the grievance procedures available under this
Agreement.
Unless otherwise agreed upon, the Committee shall meet on a monthly basis at a
time and place mutually agreed upon between the parties. Either party may request
additional meetings as may be reasonably needed, and such meetings will occur at a
time and place mutually agreed upon.
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The Committee's discussion of an issue does not affect whether that issue is or is
not a mandatory or permissive subject of bargaining.
The subjects that will be addressed during 2010 labor /management meetings
include but shall not be limited to:
➢ Career development/training
➢ Consolidation of maintenance /equipment operator classes for better staff utilization
(unless resolved in 2009)
➢ Personnel Policies & Procedures
)o Attendance Management & Incentives including Compensatory Time Procedures
and overtime assignments in the Dispatch office
➢ Development of a Trainee /Certification Program aimed at providing promotional
opportunities (The City to allocate $2K toward said program)
➢ Exploration of a cafeteria leave bank with savings allocated to a short term
disability program
Y Establishment of an RFP for the City's life insurance and a disability insurance
program to be completed prior to March 31, 2010 for 2011 negotiations
25
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.
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.
26
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.
27
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.
M
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 employees shall have their probationary period reduced by the
amount of time, if any, spent during temporary duty in a higher class of a full shift or
longer, in accordance with Article 15, Section 4, of this Agreement, when such
temporary duty was in the class to which the employee was subsequently promoted.
Only such temporary duty within the three (3) years preceding promotion shall be
considered, and the maximum reduction of the probationary period shall be three (3)
months.
Section 3, PROBATION AFTER TRANSFER OR DEMOTION TO A POSITION
NOT PREVIOUSLY HELD. An employee demoted into a position not previously held
shall serve a probationary period of six (6) months from the date of the demotion. An
employee transferred into a position shall serve a probationary period of 90 days,
provided that the employee and the department head may mutually agree to continue
such probationary period for an additional 90 days.
29
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.
30
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.
3l
ARTICLE 15. WAGES AND OTHER PAYMENTS
Section 1. WAGE INCREASES DURING CONTRACT.
Effective January 1, 2010, the monthly pay rate for each class, grade, step or
position of employees covered by this Agreement shall be maintained at the same levels
set by the Ordinance establishing 2009 pay levels.
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.
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 compensation 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
32
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.
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°/x) of the difference in pay
between the employee's actual rate of pay and the lowest step in the salary schedule for
the higher class that would provide a minimum increase of 3 percent or the highest step
in the higher class, whichever is less. The employee shall be paid only for such hours
actually worked.
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
33
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 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
34
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 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.
This Article shall apply to employees completing the 30 hours of educational or
vocational training after January 1, 1987.
SECTION B. 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.
35
SECTION 9. Dispatch Training Incentive Pay Employees who are certified
dispatch trainers shall receive training incentive pay of $25.00 per week when training
new /probationary employees.
36
ARTICLE 16. UNIFORM AND PROTECTIVE CLOTHING
Section 1. UNIFORMS. Any employee who is authorized and required to wear an
official uniform, shall have that uniform provided, maintained, and laundered by the City.
Section 2. SPECIAL FOOTWEAR. All employees who are authorized and
required to wear special footwear shall be paid the sum of Seventy -Five Dollars ($75.00)
in January of each year. Such employees initially appointed during a year shall receive
said footwear allowance with their initial paycheck.
37
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 Fifty Dollars ($350.00) 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.
38
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 flextime 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 conjunction with commencement of the regular
shift. In this case the employee will be paid a minimum of two hours at the overtime
rate.
39
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 One Dollar
($1.00) per hour 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 telecommunication device and shall be available for and able to
report for work.
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 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 Department of Aviation and the Streets Division of the Bureau 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.
!U1
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
March 22, 2006.)
(1) In order of seniority the on -duty civilians will be offered all of the overtime if the
vacated shift is two (2) hours or less. If the vacancy remains, the on- coming civilians in
order of seniority will be offered the entire amount of the shift, if the vacated shift is two
(2) hours or less. In order of seniority, the on -duty civilians will be offered the first one -
half (1/2) of the vacated shift, exceeding two (2) hours. In order of seniority, the on-
coming civilians will be offered the last one -half (1/2) of the vacated shift exceeding two
(2) hours.
(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 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.
41
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.
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 seventy two
(72) hours. If less than 72 hours notice is given, the employee shall be entitled to time
and one -half for each hour in the first new shift which differs from the hours worked in
the former shift, unless such employee is already receiving time and one half for such
hour(s) under another provision of this Agreement.
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
42
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.
Section 10. SPECIAL DUTY ASSIGNMENT Department may transfer employees
within the same class or similar classes occupying the same line of promotion for
seasonal work demands, special projects, cross training and job development. The City
will generally seek volunteers who have the necessary skills and certifications for the
duty assignment. If volunteers are not available, or if more employees are qualified than
is needed for the assignment, the City shall make the assignment based on seniority.
Issues regarding duty assignment will be brought back to the Labor Management
Committee established under Articles 9 of this Agreement. Callout will be done on a
rotating bases; one with most seniority would offer it first then rotated to the bottom of
the volunteer list. If no one volunteers for the assignment, the lowest person on the list
would be assigned and then rotated.
43
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 ' / 2 times the sum of the basic monthly rate plus
longevity pay, divided by 173.83, plus 1 '/z times the hourly shift differential, if any, for
each overtime hour worked, plus 1 % times the hourly step -up 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 City retains the right to assign
overtime. The payment of overtime or granting of compensatory time is left to the
discretion of the City; provided, however, an employee shall not be forced to take
compensatory time if the employee elects to be paid for the overtime work. The City will
not be unreasonable in the granting of accrued compensatory time off and when it can
be taken, The City's stated business reason shall be consistently applied to all
employees in the same work unit regarding which employee must take the overtime
option.
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. For the purpose of this Section,
the term "work performed" shall include time off for funeral leave, vacation /annual leave
44
and personal holiday leave but shall not include paid or unpaid time for an employee on
sick leave, injury leave, intermittent FLMA leave or leave without pay except where sick
leave is taken for medical appointments or for attending funerals. The work week for
purposes of overtime under this Section commences on Sunday at 12:00 a.m., at
midnight.
Section 5, COURT TIME. In the event that a general services employee, from the
communication center, is required to participate in a judicial proceeding outside of their
normal work shift, they will be compensated for no less than two (2) hours at the rate of
time and one -half, or for actual hours worked at the rate of time and one -half if more
than two (2) hours. If the employee is required to participate or be available to
participate during such time that the employee would have been on a regularly
scheduled day either the day before or the day after a vacation or personal day or, if the
day they are scheduled to be available is on a vacation day or a personal day the
employee shall have the option to take a cash payment of time and one -half for the
entire day or one -half time plus an additional day off.
Once the subpoena is served, an employee will not be allowed to schedule a
vacation day or personal day on the date of the court proceeding. If the employee is
subpoenaed while on sick or injured leave the employee will be considered in work
status for that day.
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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, parent,
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.
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. Effective January 1, 2004, upon separation due to retirement, death, or
resignation with 20 or more years continuous service, an employee hired prior to
January 1, 1996 whose sick leave accumulation exceeds fifteen (15) days shall be paid
at his regular rate of pay for the amount of sick leave accumulated over fifteen (15) days,
but not to exceed one hundred twenty 120 days. For the purpose of this section, an
employee separating due to lay -off, after twenty or more years of service, may elect to
be paid off as if they are retiring or elect to leave their sick leave accrual with the city in
anticipation of rehire.
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.
4. Separation benefits shall be paid immediately upon the effective date of
separation.
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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 112 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-
IF
A. If benefits are reduced by 50% under the provisions of the Worker'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. Worker'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 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
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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 parent, spouse or child. Any other
allowable use of funeral leave shall be charged against earned sick leave.
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 parent, 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: 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.
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E. Leave without pay or accrued vacation leave with pay may be granted by the
Department Head for further funeral purposes.
F. In the event of death of a departmental employee, employees of said
department may be granted one -half (1/2) day's funeral leave not to exceed four (4)
hours for attendance at the funeral, provided that a working schedule can be arranged
by the department head that will not materially impair the ability of the department to
perform its public duties.
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.
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
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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 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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Section 8. ABSENCE WITHOUT LEAVE. Any employee covered by this
Agreement who finds it necessary to be absent from duty due to emergency shall report
the reasons therefore 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.
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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, 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.
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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 work -shift for all employees except emergency
services dispatchers, airport utility workers assigned to security, and desk sergeant
clerks.
Emergency services dispatchers, airport utility workers assigned to security, and
desk sergeant clerks shall be provided a lunch break at or near the middle of the work -
shift 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, 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.
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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 preceding Saturday shall be considered the holiday. In
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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 the actual day of the holiday listed in Section 1
(A — J) of this Article shall be paid two times their regular rate of pay for each hour or
fraction thereof of work performed on such day, in addition to their regular monthly
compensation. If the date that the employee works is a holiday for that employee, under
Section 2 of this Article, then the employee shall be paid one and one -half times the
regular rate of pay for the hours actually worked in addition to their regular monthly
compensation.
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ARTICLE 24. VACATION
Section 1. ENTITLEMENT.
Every employee shall be allowed vacation leave with pay at the rate set forth in the
following schedule:
SERVICE REQUIRED ANNUAL ACCRUAL ACCRUAL RATE
0 -- 6 Months 0 Shifts 0 hours for each
full month service *
7 months -- 60 months 12 Shifts (8 Hours) 8 hours for each
full month service
61 months -- 120 months 15 Shifts (8 Hours) 10 hours for each
full month service
121 months -- 180 months 18 Shifts (8 Hours) 12 hours for each
full month service
181 months or more 21 Shifts (8 Hours) 14 hours for each
full month service
* Notwithstanding the above language, every employee shall be credited with 5 days
vacation upon successful completion of the initial probationary period.
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.
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.
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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.
Any employee who has reached the age of fifty (50) years and has a minimum of
fifteen (15) years of service with the City, or any employee regardless of age who has a
minimum of twenty (20) years of service with the City, may sell eighty (80) hours of
vacation and two (2) personal days 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, police support techs I and II, and desk sergeant clerks
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).
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ARTICLE 25. HEALTH, HOSPITALIZATION AND DENTAL INSURANCE
Section 1. HEALTH ACCIDENT HOSPITALIZATION AND MAJOR MEDICAL
INSURANCE. The City will 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 95% of the actual premium for an individual policy per month. The City shall
pay 75% of the actual cost of a premium toward the cost of a single plus spouse, single
plus child or children or family policy per month for employees, in addition to the $24.66
monthly contribution toward dental insurance established in Section 2 herein; provided,
further, that if the employee elects coverage under a PPO or indemnity option, the City's
contribution to payment for such PPO or indemnity option shall be in the same dollar
amount as if the employee had elected coverage under the HMO option at the same tier
level and provided further that the levels of employer contributions set out above are
subject to adjustment as follows:
a. if both the police and fire bargaining units reach agreement with the City of
Pueblo providing for increases in the percentage levels of employer
contributions toward the cost of health insurance premiums in 2009, and such
agreements are reached prior to issuance of an arbitration award, then the
employer contribution levels for all employees covered by this agreement shall
be increased by the same percentage as the lesser of:
1.) the percentage increase granted to the police bargaining unit,
or
2.) the percentage increase granted to the fire bargaining unit.
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b. if either the police bargaining unit or the fire bargaining unit, but not both,
reaches agreement with the City of Pueblo providing for an increase in
percentage level of employer contributions toward the cost of health insurance
premiums in 2009, and such agreement is reached prior to issuance of an
arbitration award, then the employer contribution for all employees covered by
this agreement shall be increased by the same percentage as the percentage
increase granted to the union which reaches agreement with the City of
Pueblo.
c. If the percentage contribution levels for both the fire union and the police union
are set by arbitrators selected under the binding arbitration process set out in
section 8 -14 of the City Charter, then the contribution levels for the employees
covered by this agreement shall not be increased.
d. It is specifically acknowledged and agreed that the police bargaining unit will
receive an increase from 75% to 78% in the employer's contribution rate with
respect to the cost of a single plus spouse, single plus child or children and
family policies in 2008. Such increase shall not be a basis for any increase to
the employer's contribution rate under this section. If applicable, any increase
in the percentage level of employer contribution toward the cost of said policies
and with respect to the police bargaining unit in 2009 shall, for the purposes of
this section, be measured only by the difference between 78% and the
increased amount.
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)
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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 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. 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;
h) Options;
i) Tiers.
The City shall solicit bids for the health benefit plan based upon the bid
specifications. 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, including the specifications of any self insurance
plan, provided however any health benefit plan(s) specifications shall be at least equal to
the plan(s) in effect on December 31, 2003.
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
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pursuant to this article. Nothing shall preclude the City from utilizing a City self -
insurance plan for the health benefit plan required under this Article; provided, however,
the City shall retain the services of a third party administrator to manage such plan; the
third party administrator shall be selected upon the basis of requests for professional
proposals; and the parties shall share in any reimbursement from the plan, based upon
utilization, in the same proportion that the costs were shared.
The consultations of the committee established under this Section of this Article
shall not be subject to the grievance /arbitration procedure of this agreement.
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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.
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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.
Section 3. MEETINGS. The parties agree to schedule joint meetings between
representatives of the union and representatives of City management as follows:
a) meetings under this section shall be held not more than once each quarter;
b)union presence at such meetings shall be limited to the union president or
designee and not more than four (4) additional union representatives;
c) requests for such meetings must be initiated by the union or the City on not less
than 30 days' written notice to the other party;
d)such meetings shall not be substitute for the grievance procedure in this
agreement;
e) no final agreement or final action shall be done at such meetings.
..
ARTICLE 28. OTHER CONDITIONS
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.
Smoking by any member of the bargaining unit is prohibited in or on all City owned
or leased vehicles at all times.
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.
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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.
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.
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ARTICLE 32. TERM OF AGREEMENT
This Agreement shall be effective January 1, 2010, and all of its provisions shall
remain fully effective through December 31, 2010.
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RTICLE 33. WELLNESS PROGRAM
The City and Union will jointly develop and implement a wellness program as
soon as practical. The Union President or designee shall be authorized to work with the
City Manager or designee on the particulars of the wellness program and amend such
wellness program when deemed mutually beneficial. Such modification shall be in
writing and signed by both parties. The wellness program is to be a voluntary program.
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Memorandum of Understanding No. 1
This Memorandum of Understanding is entered into this 16` day of October,
2009, by and between Pueblo Association of Government Employees ( "Union ") for the
General Service Employees and the City of Pueblo ( "City ").
Whereas the City and Union entered into an agreement in November 2008 which
amended prior benefit plans by adding two additional health plans for 2009,
Now therefore, in consideration of the foregoing, the parties understand and agree
that for insurance plan year 2010, we will continue the 4 plans in existence in 2009 with
the following changes:
The City will contribute into each individual's health spending account for
those desiring to either remain a participating member or for those who
desire to join the high deductible (H.S.A.) program for 2010, $1,000 in
January to help prefund the employee's H.S.A. (Well's Fargo account)
plus $50 monthly into said account. The City will continue the MOU in
2009 as it relates to the City's advancement of its H.S.A. contribution for
individuals going into the hospital.
Memorandum of Understanding No. 2
This Memorandum of Understanding is entered into this 16` day of October,
2009, by and between Pueblo Association of Government Employees ( "Union ") for the
General Service Employees and the City of Pueblo ( "City ").
Whereas the City and Union have agreed to the concept of a class consolidation
for entry level maintenance /equipment operators ( "Labor Pool ")
Whereas the City and Union have addressed various other classification and
compensation issues within the collective bargaining agreement discussion
Now therefore, in consideration of the foregoing, the parties understand and agree
that we will continue to explore such things as seniority considerations, training
opportunities, work assignments, etc. in a labor /management forum prior to
implementation of class consolidation for Labor Pool.
In addition, the parties agree to the following understandings:
1. Effective July 1, 2010, employees occupying the classification of Administrative
Technician who complete the Administrative Technician Certification Program
( "Program ") shall be moved to the new pay range of Administrative Technician.
The new pay range shall be increased by 2 %. The training comprising the
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Program in the Administrative Technician workbook which is attached hereto and
labeled Attachment 1.
2. Employees in the classification of Senior Clerk Typist will be provided an
abbreviated 6 month training (certification) program to include among other
requirements: Microsoft training, a desk manual, charting /graphing, etc.
Employees who successfully complete this training shall move to Senior Clerk.
The range shall be increased 2% over the Senior Clerk Typist. Movement to the
new range shall not commence before July 1, 2010.
3. The City shall set aside $20,000 in annualized dollars to resolve the Labor Pool
class consolidation issue and to encourage voluntary participation.
4. Employees occupying the classification of Equipment Operator IV will have a 2%
increase to their range on January 1, 2010.
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IN WITNESS WHEREOF, the parties hereto have set their hands
this 9'2 day of - ':R)8 c- ray. 3 E R 2009.
PUEBLO ASSOCIATION OF CITY OF PUEBLO:
GOVERNMENT EMPLOYEES
Presi nt President of Council
a I
S ecretary
l
ATTEST:
City
APPROVED:
p �)
!l� City Attorne
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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:
Accountant II
Administrative Assistant in City Manager's Office
Airport Maintenance Supervisor
Assistant Director to Public Works
Assistant IT Director
Building and Grounds Maintenance Superintendent
Chief Accountant
Civil Engineer - Construction
Civil Engineer- Drainage
Civil Service Administrator
Clerical Supervisor
Communications Engineer
Communications Supervisor
Court Administrator
Deputy City Clerk
Dispatch Manager
Employee Benefits /Loss Control Manager
Engineering Manager
Fleet Superintendent
Honor Farm Property Manager
Housing & Comm. Development Administrator
HR Analyst
Ice Arena Manager
Landscape Architect
Legal Assistant
Metro Planning Org Administrator
Parks Manager
Parks Supervisor
Parts Manager
Police Records Administrator
Police Support Tech Supervisor
Pre - Treatment Manager
Principal Planner
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Recreation Center Coordinator
Regulatory Compliance Specialist
Shop Supervisor
Storm Water Coordinator
Storm Water Utility Maintenance Supervisor
Street Maintenance Supervisor
Streets Superintendent
Tax Audit Manager
Traffic Control Supervisor
Traffic Engineer
Transportation Maintenance Engineer
Wastewater Accounting Specialist
Wastewater Collections Supervisor
Wastewater Engineering Supervisor
Wastewater Treatment Plant Lab Supervisor
Wastewater Treatment Plant Maintenance Supervisor
Wastewater Treatment Plant Operations Manager
Wastewater Treatment Plant Operations Supervisor
Wastewater Treatment Plant Superintendent
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APPENDIX B
CLOSED CLASSES
Accounting Tech II
Accounting Tech III
Accounting Tech IV
Administrative Tech
Airport Maintenance Mechanic
Area Crew Leader
Assistant Wastewater Treatment Plant Operator B
Assistant Wastewater Treatment Plant Operator C
Assistant Wastewater Treatment Plant Operator D
Associate Engineer I
Associate Engineer II
Associate Engineer II — Stormwater Utility
Associate Engineer II — Wastewater
Associate Field Engineer
Auto Mechanic
Benefit Coordinator
Building and Grounds Maintenance Mechanic
Building and Grounds Utility Worker
Business Systems Analyst
Chief Wastewater Treatment Plant Operator
Civil Service Technician
Court Technician
Engineering Drafter
Equipment Operator I
Equipment Operator II
Equipment Operator IV
Florist
Fuel Quality Control Technician
Gardener
Greenhouse Technician
HR Records Tech
Investigations Tech
Inspector — Stormwater Utility
Lab Analyst II
Lab Analyst III
Land Use Records Technician
Land Use Technician
Lead Court Technician
Legal Secretary
Loan Coordinator 11
Mechanic Helper
Municipal Records & Technical Coord.
Park Caretaker 1
Park Caretaker II
Park Maintenance Mechanic
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Park Senior Mechanic
Parks & Rec Technician
Parts Clerk
Pavement Management Tech
Payroll Technician
Police Payroll Technician
Police Services Rep
Police Support Tech I
Police Support Tech II
Project Manager
Public Works — Clerical Tech
Purchasing Tech
Radio Technician II
Records Technician
Senior Airport Utility Worker
Senior Auto Mechanic
Senior Clerk
Senior Clerk Typist
Emergency Services Dispatcher Supervisor
Senior WWTP Maintenance Mechanic
Street Inspector
Stormwater Crew Leader
Surveyor
Sweeper Operator
Sr. Business Systems Analyst
Senior PC Network Technician
Tax Auditor II
Traffic Control Utility Worker II
Traffic Control Utility Worker III
Traffic Signs and Marking Specialist
Utility & Maintenance Worker I
Utility Worker III
Warehouse Clerk
Wastewater Inspector
Wastewater Lift Station Operator
Wastewater Treatment Plant Instrument & Controls Spec.
Wastewater Treatment Plant Maintenance Mechanic
Wastewater Treatment Plant Technician
Wastewater Treatment Plant Utility Worker III
Wastewater Utility Worker I
Wastewater Utility Worker II
Wastewater Utility Worker III
Wastewater Utility Worker IV
Water Reclamation Worker II
Welder
Zoning Enforcement Officer
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APPENDIX C
CLASSES WHICH ARE OPEN OR CLOSED
UPON DETERMINATION OF CITY MANAGER
Accountant I
Accounting Tech I
Airport Utility Worker
Assistant Construction Engineer
Building Custodian
Buyer / Contract Planner
CAD Planning Tech
Carpenter
Civil Service Analyst
Clerk Typist
Code Enforcement Officer
Community & Development Specialist
Compliance Administrator /Budget Analyst
Construction Inspector
Electrician
Emergency Services Dispatcher
Engineering Aide
Financial Management Assistant
GIS Coordinator
GIS Supervisor
Grant Report/Property Specialist
Help Desk Tech./Trainer
Housing & Comm. Dev. Coord. II
Lab Analyst I
Messenger
Network Administrator
Painter
Parking Enforcer
PC Network Technician
PC Technician
Planner
Planning Technician
Pretreatment Coordinator II
Pretreatment Specialist
Probation Case Manager
Public Relations and Media Specialist
Radio Technician
Recreation Supervisor
Rehab Specialist
Senior Network Administrator
Senior Parts Clerk
Senior Planner (all positions)
Senior Rehab Specialist
M
Senior Security Administrator
Senior Traffic Signal Technician
Senior Traffic Signal Technician Trainee
Survey Party Chief
Survey Party Chief L.S.
Tax Auditor
Traffic Engineering Analyst
Traffic Signal Technician
Utility Worker
Wastewater SCADA Coordinator
Wastewater Data Technician
Wastewater Treatment Plant Operator
Wastewater Utility Engineer
Water Reclamation Worker I
Website Manager
Website Coordinator
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