PREAMBLE
This collective bargaining agreement is
entered into between the City of Portland, an incorporated city of the State of
Oregon, herein called the City, and the American Federation of State, County and
Municipal Employees, Local 189, Council 75, herein called the Union, for the
purpose of establishing wages, hours and other terms and conditions of
employment for certain employees of the Bureau of Emergency
Communications.
1.
RECOGNITION
1.1.
The City recognizes the Union as the sole
and exclusive bargaining agent for the purpose of establishing wages, hours and
conditions of employment, for probationary and permanent employees in the
classifications listed in Schedule “A”, but excluding all temporary, supervisory
or confidential employees, department heads, officials or officers of the City.
(Reference February 7, 1986 Recognition Agreement; UC-10-86 except as modified
herein.)
1.2.
The
classifications or job titles used in Schedule “A”
are for descriptive purposes only. Their use is neither an indication nor a
guarantee that they will continue to be utilized by the City. The City agrees
not to change job titles or classifications covered by this agreement for the
purpose of avoiding the terms of this agreement.
1.3.
The
City shall notify the Union of its decision to implement any and all
new classifications pertaining to work of a nature performed by employees in the
bargaining unit. If the new classification is a successor title to a
classification covered by this agreement, and the job duties are not
significantly altered or changed, the new classification shall automatically
become part of this agreement.
2.
UNION SECURITY
2.1.
Union dues, initiation fees and any other
existing payroll deductions shall be deducted from the wages of members in the
bargaining unit when authorized, as provided herein.
2.2.
Any
authorization for Union dues/fees deductions and any cancellation of such upon
appointment to a position not covered by this Agreement may be made by a member
of the bargaining unit upon written notice to the City and the Union prior to
the cutoff day of any pay period, to be effective on the first day of the
following pay period.
2.3.
The
City will not be held liable for check-off errors, but will make proper
adjustments with the Union as soon as practical. If an improper
deduction is made the Union shall refund directly to the employee any
such amount. The City will notify the Union within seven (7) days of the date of hire
of any new employee including their name, position, mailing address and social
security number.
2.4.
Upon
tender of defense by the City, the Union shall indemnify, defend and save the
City harmless against any and all claims, demands, suits, or actions against the
City or persons acting on behalf of the City for all attorney's fees, damages,
and costs or any combination thereof arising out of the City's faithful
compliance with the terms of this article. Additionally, if the fair share fee
or the Union's procedures in connection with that fee
are challenged, the Union shall be solely responsible for defending
and for any judgment, attorney's fees or other costs arising from the
challenge.
2.5.
Upon
receipt of written notification from the Union that a specified amount should be
deducted from an employee's wages as a fair share fee, the City shall deduct
that amount from wages and transmit it to the Union for any employee who is a
member of the bargaining unit, has reached his/her thirtieth (30th) day of
employment in the unit, and has not joined the Union. It shall be the sole
responsibility of the Union to assure that the fair share fee is
calculated in accordance with the requirements of all applicable statutes, rules
and case law.
2.5.1.
Service fee or dues deductions may not be
made if the accrued earnings are insufficient to cover the deduction after all
other authorized payroll deductions for the employee have been
made.
2.6.
An
employee who objects to membership in the Union on the basis of religious tenets or
teachings of a religious body of which such employee is a member shall inform
the City and Union of the objection. The employee shall
establish with Union representatives an arrangement for the distribution of a
like amount of money to a non-religious charity.
3.
NON-DISCRIMINATION
3.1.
The
provisions of this Agreement shall be applied equally to all employees in the
bargaining unit without discrimination as to age, sex, marital status, sexual
orientation, religion, race, color, creed, national origin, disability, gender identity, source of income, familial status, or
political affiliation. The Union shall share equally with the City the
responsibility for applying this provision of the agreement. Nothing in this
section, however, shall be construed to prohibit actions taken because of bona
fide job qualifications.
3.1.1.
Upon
notification to the Union by the City of filing for redress of any
item in this Article in another recognized legal forum, any grievance filed by
that same employee or Union under this Article will be
withdrawn.
3.2.
All
reference to gender used in this agreement designates both sexes and when the
male gender is used, it shall be construed to include both male and female
employees covered by this agreement.
3.3.
The
parties recognize that both are subject to the Americans with Disabilities
Act (ADA) and that nothing in the Labor Agreement
may supersede the requirements of that Federal Law. The parties agree to meet
and confer regarding circumstances where the ADA and the Labor Agreement appear to
conflict. A showing that a person is disabled and that action taken as a
reasonable accommodation is an absolute defense to a contract violation claim.
4.
MANAGEMENT RIGHTS
4.1.
The
City shall retain the exclusive right to exercise the customary functions of
management, including but not limited to directing the activities of the work
force; determining the levels of service and methods of operation, including
contracting and the introduction of new equipment; the right to hire, layoff,
transfer, and promote; to discipline and discharge for cause; to determine work
schedules and assign work; and any other such rights not specifically referred
to in this agreement. Management rights except where abridged by specific
provisions of this agreement, are not subject to the
grievance procedure.
4.2.
It is
recognized that the City and Bureau of Emergency Communications are contractors
in providing emergency communications services to other public entities. As
such, nothing within this agreement shall limit management’s right to enter
into, alter or amend such contractual relationships. The Union does not waive any right to negotiate over
the impact of such decisions as they may exist under State
law.
5.
SHIFTS
5.1.
For
the duration of this contract, the parties agree that there shall be up to ten
(10) shifts consisting of four consecutive work days of nine and one-half (9.5)
hours each day followed by three consecutive days off. These shifts shall be
based on the following schedule:
Early Morning
0500 - 1500
Morning
0700 - 1700
Mid-Morning
0900 - 1900
Late Morning
1100 - 2100
Early Afternoon
1300 - 2300
Afternoon
1500 - 0100
E - Relief
1700 - 0300
Late Evening
1900 - 0500
First Night
2100 - 0700
Second Night
2300 - 0900
5.1.1.
In the
event any employee’s workdays are changed by the City so that the employee on a
9.5 hour shift does not have three consecutive days off between schedules, or
the employee on a 7.5 hour shift does not have two consecutive days off between
schedules, at a minimum the first day of the changed weekly schedule shall be
paid for at time and one‑half. Any voluntary shift changes which result in less
than two consecutive days off between shifts shall not be subject to the
overtime rate.
5.1.2.
The
parties may modify Sections 5.1 and 5.1.1 of this Article by mutual agreement,
including the establishment of eight-hour and/or twelve-hour shifts by mutual
agreement.
5.2.
Prior to
implementation, the bureau will provide the Union a draft of the
twice-annual shift configuration for review and comment to solicit
feedback.
5.3.
Emergency Work Scheduling. Changes of an employee’s scheduled
working hours (i.e., shift) which do not affect the employee’s working days and
days off can be made by the City in case of an emergency situation; provided,
however, that the first shift on the new schedule shall be paid at the overtime
rate. Such change may remain in effect during the duration of the emergency. Any
overtime resulting from the change will be paid in accordance with Article
7.
5.3.1.
The
employee shall maintain his/her right to his/her regular shift and may be
transferred to his/her normal shift at the end of the emergency without penalty,
provided s/he has at least an eight (8) hour rest period. If the rest period is
not provided, then the Employer shall pay the employee the overtime rate for the
first shift of his/her regular schedule.
5.3.2.
Emergency shall be defined as a situation
beyond the control of the City for which the City could not pre‑plan.
Emergencies shall not include those day‑to‑day situations which require
immediate action which have been normally performed by bargaining unit
employees.
5.3.3.
Any
disagreement between the City and the Union on what constitutes an emergency shall be
taken up at Step 2 of the grievance procedure.
5.4.
The
City may change shift starting times outlined in 5.1 up to one hour earlier or
up to one hour later, provided the City notifies the Union a minimum of two (2)
weeks prior to any changes.
5.5.
Each
employee shall be assigned to a regularly scheduled workweek and shift unless
changes are made by mutual agreement between the employer and the
Union.
5.6.
Except
as noted in Article 10.3.4 of
this Agreement, employees transferred from a regular scheduled shift to another,
unless relieved from work at least ten (10) hours before their new shift, shall
be paid overtime for the first such new shift worked.
5.7.
ECOs
assigned to work in administrative areas shall have a regular schedule
consisting of consecutive days on followed by consecutive days off.
5.8.
Employees may
request an occasional shift adjustment; however, at no time will the employee be
required to adjust their shift in lieu of overtime.
6.
LUNCHES AND BREAKS
6.1.
Lunch Periods. Lunch Periods shall be scheduled by the
City, and will allow the employee one-half hour time off without pay to eat
lunch. Management will make every reasonable effort to insure that employees
receive a duty-free lunch period. In the event an employee cannot be relieved
for their lunch period, the employee shall receive pay at the normal overtime
rate of one and one-half (1-1/2) times their normal hourly rate for the one-half
hour lunch period he/she worked. Any employee who works a twelve-hour shift will
be guaranteed a duty-free lunch period.
6.1.1.
Furthermore, if the City is unable to
provide a duty free lunch in accordance with this Section of Article 6, the
employee may take lunch at their assigned duty station.
6.2.
Break Time. Break Times shall be scheduled by the City, and will
allow the employee fifteen (15) minutes of duty free time off with pay. At least
one employee shall be allowed off the floor at any one
time.
6.3.
All
employees shall receive paid breaks and unpaid lunches as
follows:
6.3.1.
Less
than four (4) hours, no lunch/no breaks.
6.3.2.
Four
(4) or more hours but less than five (5) hours, one break but no
lunch.
6.3.3.
Five
(5) or more hours but less than eight (8) hours, one break and one
lunch.
6.3.4.
Eight
(8) or more hours up to and including ten (10) hours, two breaks and one
lunch.
6.3.5.
Employees working beyond those hours
specified above shall receive one additional break for each two (2) hours
scheduled.
6.4.
The current
practice of signing up for combined or separate breaks and lunches in any
available slots shall continue.
7.
OVERTIME
7.1.
Overtime Rate. Overtime at the rate of one and one‑half (1‑1/2)
times an employee’s established hourly rate as set forth in Schedule “A”
shall be paid for all work performed outside of or in excess of an employee’s
established shift hours, unless work performed outside the regular shift results
from unpaid absence during the regular shift for personal
reasons.
7.2.
Overtime Equalization. Overtime work shall be offered equally
among employees, provided the employee is qualified to perform the work
required. A record of overtime hours worked by each employee shall be maintained
by the Bureau and will be posted, as soon as possible, at the completion of each
pay period. Employees shall be selected for overtime by choosing the employee,
among those volunteers, with the least amount of overtime hours worked in the
last pay period report. Employees may be denied the ability to work voluntary
overtime based on excessive absenteeism defined in
Article 14.9.
7.2.1.
An
employee who believes that he/she has not received a fair share of available
overtime shall review the matter with his/her immediate supervisor and Union
representative. Corrective action will be taken through future assignments of
overtime if a bona fide inequity exists in the employee’s opportunity to receive
a fair share of the overtime available in the employee’s work
unit.
7.2.2.
The
City shall avoid situations which require forcing an employee to work more than
two (2) hours beyond his/her scheduled shift or more than twelve (12)
consecutive hours unless a critical situation of major proportions is in
progress. The employee will be compensated at the rate of two (2) times his/her
established hourly rate for the hours worked in excess of sixteen (16)
consecutive hours.
7.2.3.
Unless
a critical situation of major proportions is in progress, the City shall not
require an employee to work ordered overtime more than two (2) hours beyond
his/her scheduled shift and subsequently require the employee to work ordered
overtime two (2) hours early for the beginning of their next shift if the result
is that the employee does not have 12 hours rest between the
shifts.
7.2.4.
A
trainee may not work more than twelve (12)
consecutive hours unless a critical situation of major proportions is in
progress.
7.3.
Employees required to work around the clock
(24 hours) and required to continue work through their regular assigned shift,
shall continue to receive pay at the overtime rate.
7.4.
Compensatory Time Off. In providing compensation for employees
who have worked overtime, the City will grant the employee’s preference for
either pay at the applicable overtime rate or compensatory time computed at the
applicable overtime rate for the overtime hours worked up to a maximum total
accrual of one hundred and twenty (120) hours in a fiscal year. Overtime worked
in excess of the one-hundred and twenty (120) hour maximum accrual will be
paid.
7.4.1.
Accrued compensatory time off may not be
used for bidding vacation selection, but may be used in lieu of vacation if no
other person on that shift is scheduled off on vacation or compensatory time
off.
7.4.2.
Compensatory time off may be taken or used
in lieu of vacation at other times by mutual agreement between the employee and
his/her supervisor.
7.4.3.
Employees may receive once per year, at
their request, a payout of any amount of accrued compensatory
time.
7.4.4.
Any
compensatory time remaining at the end of the fiscal year will be paid off in
cash. In the event that an employee transfers from one bureau to another, any
compensatory time will be paid off.
7.5.
Ordered Overtime.
7.5.1.
Ordered overtime shall be scheduled in up to two (2) hour
blocks.
7.5.2.
Supervisors will begin with a list of names
of employees for each shift in descending seniority order. The list will be
updated daily. Each time an employee works overtime, his/her name will go to the
bottom of the list. If more than one employee from the same shift works overtime
during the same overtime period, their names will be listed in order of
seniority when placed at the bottom of the list (the most senior employees at
the bottom). If the need arises to force an employee, the supervisors will start
at the top of the list and work downwards to force the number of people
needed.
7.5.3.
Except
as provided in Section 7.2.2 of this Article, an employee is exempt from being forced but will remain on the
top of the list, if the slot in question is not in conjunction with an
employee’s regularly scheduled shift, if the employee is on vacation or on a
scheduled day off, if the employee is already scheduled to work twelve (12)
hours that day, if the block of overtime is immediately preceding or following
the employee’s regular scheduled work week, or if the employee is working a “trade” for
another employee.
7.5.3.1.
If
there are no other eligible employees for the block of overtime, the City may
force the employee highest on the list who had been made exempt on the basis
that the block of overtime was immediately preceding or following the employee’s
regularly scheduled work week or if the
employee is working a “trade” for another employee.
7.5.4.
A
drafted employee may be exempted from a given ordered overtime assignment in
instances of personal hardship. Supervisors will evaluate personal hardship
situations on a case-by-case basis, with an aim toward making decisions as
consistent and uniform as possible. Supervisors shall not unreasonably withhold
deferment. If the employee believes the supervisor was unreasonable he/she may
file a grievance after the overtime has been worked.
7.5.5.
Time
and circumstances permitting, supervisors will attempt to contact unapproved overtime applicants
for that day prior to forcing overtime.
7.5.6.
Supervisors will give advance notice to
employees whenever possible.
7.5.7.
If an
employee has signed up and been approved for overtime, the City may cancel the
overtime in order to force that employee for a different slot only with the
agreement of the employee.
7.6.
Employees may be restricted from working voluntary overtime
and exempted from forced overtime for bona fide training purposes as
determined by bureau management.
7.6.1.
Employees may
be restricted from working voluntary overtime in conjunction with their shift if
the employee has any overtime restrictions imposed by a treating
physician.
7.7.
There
shall be no pyramiding of overtime rates.
7.8.
Pagers
7.8.1.
To
facilitate contact with employees who have indicated a willingness to work
short-notice overtime, the parties agree that the bureau will provide pagers to
employees on a voluntary basis.
7.8.2.
Employees who volunteer to carry pagers to
facilitate contact for the purpose of offering short-notice overtime shall be
under no obligation to respond to the page and/or the offer of
overtime.
7.8.3.
Employees who volunteer to carry pagers to
facilitate contact for the purpose of offering short-notice overtime are not
considered on “Stand-By” for purposes of Article 8 and shall not receive any
additional compensation.
7.8.4.
If an
employee responds to a page for voluntary short-notice overtime, the parties
agree that the bureau shall not take the opportunity during the call to order
the employee to work overtime under Article 7.5.
7.8.5.
The
bureau will provide a minimum of 25 pagers for the purpose of communicating
short-notice overtime opportunities to employees.
7.8.6.
The
Union is initially responsible for determining
whom, among those who volunteer, should be assigned
pagers. After the initial distribution of pagers, the Union shall maintain a wait list of volunteers.
If an employee determines they are no longer interested in short-notice
overtime, they shall turn in their pager to the bureau and the bureau shall
assign it to the next person on a wait list maintained by the
Union.
7.8.7.
The
Union shall thereafter conduct a pager sign-up
concurrently with the twice-annual shift sign-up. Pagers will be then be
assigned by the bureau in accordance with the results of the sign-up conducted
by the Union. If an employee determines between
sign-ups that they are no longer interested in short-notice overtime, they shall
return their pager to the bureau and the bureau shall assign it to the next
person on a wait list maintained by the Union.
7.8.8.
This
is an experimental program intended to reduce mandatory overtime. The parties
agree that Article 7.8 through 7.8.8.1 will sunset six months after the
ratification of this agreement unless the bureau and Union mutually agree to its
continuation.
7.8.8.1.
Questions, concerns and/or problems shall
be referred to the Labor Management Committee including establishing criteria
for re-assigning pagers and for evaluating the success of the pager program.
8.
REPORTING PAY AND MINIMUM PAY
8.1.
Reporting Pay. Any employee who is scheduled to report
for work, and who presents himself for work as scheduled, but where work is not
available, or made available for him/her, shall be excused from duty and paid at
the applicable rate for that scheduled time.
8.2.
Stand-by Pay. Before the City requires bargaining unit
employees to “stand-by” during their off duty hours, the City and the
Union will meet and determine the appropriate
compensation.
8.3.
Travel Time. If an employee is called back on an
emergency, his/her pay will commence at the time he/she leaves home, with a
maximum of one (1) hour’s travel time permitted. Travel time does not apply to
normal Center operations.
8.4.
Mileage Reimbursement. Employees are authorized special mileage
allowances under the following conditions: When such employees are required or
authorized to use their personal automobile to report directly to a work site
other than their normal reporting place, they will file a mileage pay request
for any miles that are in excess from their current home address to their normal
reporting place. Mileage payments will be at the applicable IRS rate per mile
for using a personal automobile on City business. Payment will be made for the
excess distance both going to work and returning home. Employees will be obliged
to keep their supervisors advised of their current home address and number of
miles from their home to their regular reporting place.
8.4.1.
Any
employee who is required or authorized to use his/her personal automobile in the
course of his/her employment will be paid mileage reimbursement at the
applicable IRS rate. Unless specifically authorized in advance, employees will
not be paid mileage reimbursement for using their personal automobile to attend
voluntary training.
8.5.
Civil Service Examinations. Where the employee cannot arrange
alternative schedules with the Bureau of Human Resources, the employee will be
allowed to take Civil Service examinations without loss of regular pay for the
duration of the time spent in the examination.
9.
WORKING OUT OF CLASSIFICATION
9.1.
Assignments to a higher classification will
be paid in accordance with Schedule “A”
COACHING/LEAD.
9.2.
An
employee who is appointed to act in the capacity of a supervisor remains a
member of the bargaining unit, but he/she shall assume all of the duties and be
subject to the working conditions of other supervisors of similar rank for the
duration of the appointment, except there shall be no issuing of discipline by
such an individual.
9.3.
Promotions. The City agrees that employees within the
bureau shall have first opportunity for bargaining unit promotions within the
bureau, subject to qualifications through proper Bureau of Human Resources
procedures.
10.
SENIORITY
10.1.
In the
matter of layoff and recall of employees, as well as in the matter of selections
of jobs or opportunities to work on new jobs, processes or job locations and the
selection of work shifts and vacation periods within a given classification,
within a bureau, department or division thereof, the City shall prefer those
employees who have permanent status with the greatest length of service with the
City within a given classification subject to the following
conditions:
10.2.
Layoff. Reductions in force shall be accomplished
by removing from the classification in which the oversupply exists, the junior
person in that classification. An employee so removed shall be entitled to work
in a lower classification in which he/she has previously held permanent status
in the order of his/her seniority in that classification.
10.2.1.
No
layoffs or reduction to a lower classification shall be executed so long as
there are temporary employees serving within the affected
classification.
10.2.2.
Employees laid off in one bureau shall have
the right to employment in another bureau on the basis of total
seniority.
10.2.3.
If an
employee has been transferred as a result of a layoff, that employee shall have
the right to transfer back to his/her former classification in his/her former
bureau or division from which he/she was transferred, if the City is going to
re-employ an employee in that classification in that bureau or division. The
transfer back shall be on a strict City-wide seniority basis in the
classification of the employee at the time the transfer
occurred.
10.2.4.
The
City shall re-employ laid off employees in a strict seniority basis for the
classification from which the employee was laid off.
10.2.5.
If two
or more employees were employed in any classification on the same day, seniority
shall be determined by their position on the eligible register at the time of
their appointment.
10.2.6.
It is
recognized that from time to time a seniority inequity may exist in multiple
appointments in a bureau and classification, where an employee is required by
the City to delay the starting date in a new position. In those instances, the
employee may submit to the Human
Resources Director a request for the seniority adjustment within thirty
(30) days of permanent appointment.
10.2.7.
On
re-employment of laid off employees, the City shall notify the employee by
Certified Letter, with a copy to the Union, mailed to his/her last know address.
The employee shall have five (5) days to report his/her intentions to the City
and shall report to work within two (2) weeks after notification to the
City.
10.3.
Shift
Selection. Employees within each classification
shall have a right to select their work shift and days off, on the basis of
their position on the Union Employee List. Shift selection sign-up shall occur
twice per year, to be implemented on the first day of the pay period closest to
March 15th and September 15th of each
year.
10.3.1.
Out of
Union Employee List order shift assignments may be made: (1) for employees
in a training status; (2) to accommodate personal hardship requests by
mutual agreement between the City and Union not to exceed three (3) months; or
(3) short-term special assignments to accommodate medical conditions by
mutual agreement between the City and the Union.
10.3.2.
Shift Sign-up. Shift sign-ups will be conducted by the
Union with a supervisor available to answer
questions.
10.3.2.1.
The
Union member responsible for conducting the sign-up will be released from work
to conduct the sign-up with pay.
10.3.2.2.
Shift
sign-ups will be completed by the Union and delivered to the Bureau by March
1st and September 1st of each year.
10.3.2.3.
Shift
and days off selections will be made available to employees by the Bureau by no
later than February 1st and August 1st of each
year.
10.3.2.4.
The
Union member conducting the sign-up will be responsible for selecting the
shift/days off for any bargaining unit member not present during the sign-up
and/or any bargaining unit member who did not leave their selections with the
Union member responsible for conducting the sign-up.
10.3.2.5.
An
ECOT who is approaching final certification may be included in that
sign-up
10.3.3.
Modified sign-up.
10.3.3.1.
An
ECOT who certifies between sign-ups shall be included in a modified sign-up. The
modified sign-up shall be accomplished by posting the shifts/days off to allow
those employees who did not have the opportunity to bid for that slot on the
previous sign-up to bid for that slot. The modified sign-up shall be completed
as soon as practicable and implemented at the beginning of the first pay period
which occurs at least seven (7) days following completion of that
sign-up.
10.3.3.2.
When
an employee changes shifts because of a modified sign-up the employee’s unused
vacation time on the vacated shift will revert back to the shift and be open for
vacation sign-up as provided for in 11.9.
10.3.3.3.
When a
vacation slot is reopened within 30 days of the slot, the slot will remain open
up to 72 hours prior to that date. The employee who moves to a new shift may
sign up for any open vacation prior to the beginning of the new shift as
provided for in 10.5.13 Newly certified ECOTs original vacation bids will be
honored on their new shift.
10.3.4.
The
overtime provisions of this Labor Agreement shall not apply if a bargaining unit
member changes his/her shift or days off voluntarily.
10.3.4.1.
Voluntary is defined as having had the
opportunity to keep the current shift/days off and taking another
opportunity.
10.3.5.
The
overtime provisions of this Labor Agreement shall apply if a bargaining unit
member changes his/her shift or days off involuntarily.
10.3.5.1.
Involuntary is defined as not having had
the opportunity to keep the current shift/days off.
10.3.6.
The
Union Employee List shall be maintained by the Union for the purpose of shift and selection and
will be provided to the Bureau. It shall be the responsibility of the
Union to resolve any employee disputes regarding
the List.
10.4.
Annual Leave Selection. Annual Leave selections shall be on the
basis of position on the Union Employee List.
10.4.1.
There
shall be one (1) annual leave slot for every ten (10) fully certified
ECO I/IIs as of February 1st and August 1st (the date
shift and days off selections in 10.3.2.3 are made available to the
Union). For example:
10.4.1.1.
if the number of fully certified
ECO I/IIs as of August 1, 2003 is 89, there shall be 8 annual leave slots
available for the upcoming September 1st
sign‑up.
10.4.1.2.
if the
number of fully certified ECO I/IIs as of February 1, 2004 is 90, there
shall be 9 annual leave slots available for the upcoming March 1st
sign‑up.
10.4.1.3.
if the
number of fully certified ECO I/IIs as of August 1, 2004 drops down to 88,
there shall be 8 annual leave slots available for the upcoming September
1st sign‑up.
10.4.1.4.
if the number of fully certified
ECO I/IIs as of August 1, 2004 increases to 100, there shall be 10 annual
leave slots available for the upcoming September 1st
sign‑up.
10.5.
Leave
ratios to be used in accordance with this Article shall
be:
10.5.1.
One
(1) Annual Leave slot for each shift assigned eleven (11) or more
employees.
10.5.2.
Two
(2) Annual Leave slots for each shift assigned eighteen (18) or more but less
than thirty (30) employees.
10.5.3.
Three
(3) Annual Leave slots for each shift assigned thirty (30) or more
employees.
10.5.4.
Before
implementation, the bureau will provide the Union a draft of the leave slot configuration
for review and comment. If the bureau and Union cannot agree on the distribution of the
remaining leave slots they will be distributed to the shifts with the highest
employee to annual leave slot ratio.
10.5.5.
All
bargaining unit employees, including trainees certified in at least one area, who are
scheduled to work on a shift shall be included in these Annual Leave
ratios.
10.5.6.
For
purposes of annual leave bids, shifts of ten (10) or fewer employees shall be
combined with another adjacent shift. The Bureau will designate which shifts
shall be combined.
10.5.7.
ECO
Trainees who have not certified in any certification
area, at the time of an annual leave bid, shall not be counted as an employee on
a shift for annual leave bid slots, nor shall they be counted as using one of
the annual leave slots when they are using annual leave. Application for annual
leave for such ECO Trainees shall be approved via the Training
Unit.
10.5.8.
Each
employee will be entitled to exercise his/her Annual Leave selection once each
sign-up period, except as provided in 10.3.3.
10.5.9.
Annual Leave Sign-up. Annual Leave sign-ups will be for
approximately six (6) month periods which will coincide with the shift selection
periods as specified in Article 10.3
above.
10.5.10.
Annual
Leave sign-ups will be conducted by the Union.
10.5.11.
The
Union shall complete the Annual Leave sign-up as
quickly as possible after the shift/days off selection sign-up. In no case shall
it be completed later than one week prior to the sign up implementation
date.
10.5.12.
The
Union will devise the method for conducting
Annual Leave sign-ups.
10.5.13.
Bargaining unit members shall be required
to follow the prescribed method for Annual Leave sign-up as established by the
Union.
10.5.14.
Bargaining unit members who fail to sign-up
for an Annual Leave period in the manner established by the
Union will be considered to have exercised a
pass for that leave period.
10.5.15.
The
Union will provide the Bureau with the results
of the Annual Leave sign-up in a timely fashion so that scheduling problems are
minimized.
10.6.
Permanent shift trades may be made by
mutual agreement between the employees and the City,
provided such changes are posted and there are no objections. Any such mutually
agreed changes shall not be subject to the overtime provisions of this
agreement.
10.6.1.
Shift Trades. Individual trades of full or partial
shifts may be made under the provisions of the Fair Labor Standards Act.
10.6.1.1.
Trades
must be approved by the supervisor of the employee originally assigned the shift
to be traded.
10.6.1.2.
The
hours worked shall be excluded in the calculation of the hours for which the
substituting employee would otherwise be entitled to overtime compensation.
Where one employee substitutes for another, each employee will be credited as if
he or she had worked his or her normal work schedule for that
shift.
10.6.1.3.
The
City is not required to keep a record of the hours of the substitute work.
However, the City may develop and require the use of pay codes to facilitate its
knowledge of when an employee has substituted or is being substituted and when
an employee did not report to work for what was an approved substitution
shift.
10.6.1.4.
Trades
are not subject to formal record keeping by the bureau. Records of trade time
worked and owed are the responsibility of the employees involved in the trade.
The City is not responsible, nor can it be held liable, for disputes between
employees over time owed as a result of trades. The City cannot be held
responsible for the balancing of trade accounts.
10.6.1.5.
Employees are responsible for ensuring that
their assigned shifts are covered.
10.6.1.6.
If the
employee who has agreed to work for another in trade does not report to work,
the employee originally assigned the shift will be credited as if he or she had
worked his or her normal work schedule for that shift. The employee who did not
report to work as part of an approved substitution agreement shall have the
equivalent amount of time removed from his or her annual leave accrual, and if
none, from future annual leave accrual until the deficit is erased.
10.6.1.7.
Failure to work a trade twice in six months
shall result in termination of all trade privileges for the subsequent six
months. Failure to fulfill a trade may also result in the termination of trade
privileges and/or disciplinary action.
10.7.
Injured Worker Return to Work. The parties jointly recognize the
desirability of returning an injured worker, whose condition is not medically
stationary, to some form of available work at the earliest possible time
consistent with the ability of the worker to return as certified by the treating
physician. Employees may be temporarily assigned available work other than in
their regular job classification as soon as released to do so by the treating
physician.
10.7.1.
An
injured worker whose condition is medically stationary will be given the
opportunity to return to his/her original classification if medically able to do
so. If the injured worker’s condition does not permit return, the City will make
reasonable effort to accommodate such condition and to return the injured worker
to available and suitable work in accord with State law. Such accommodation
efforts shall include a City-wide search in accordance with Human Resources Administrative Rules
and other collective bargaining agreements.
10.7.2.
A job
which is vacant by reason of a compensable injury will be treated as a temporary
vacancy until the employee is found medically stationary, but in no case shall
exceed six (6) months. During this period, an injured worker who has received a
full release will be returned to his/her former job on request. An employee
displaced by the return of an injured worker will be entitled to bump pursuant
to his/her seniority and classification. Once found medically stationary or
after six (6) months, an employee who is absent due to compensable injury and
unable to return to work shall be placed on medical layoff status in his/her
classification.
10.8.
Employees may request a lateral transfer to
another bureau by notifying the Human
Resources Bureau of their desires.
10.9.
Retention and Forfeiture. Job class (layoff) seniority shall
continue and accumulate during approved leaves of absence in accordance with the
provisions of the City Charter and Human Resources Administrative Rules.
All seniority shall be broken by resignation or termination for just cause. In
the event an employee is reinstated under the Rules, their job class (layoff)
seniority will be established according to those Rules.
10.9.1.
Any
employee who is promoted and fails to qualify for the new position shall have
the right to be returned to his/her former classification and department based
on seniority with all the rights and conditions of employment he/she had in
his/her former classification.
10.9.2.
Within
one hundred eighty (180) days of promotion, any employee may elect to return to
his/her former classification and bureau with no loss of rights and conditions
of employment; provided, however, a vacancy exists in the employee’s former
classification and bureau within six (6) months of the
promotion.
10.10.
The
City agrees to make available to the Union, upon request, copies of any personnel
list the City maintains regarding seniority or classification
changes.
10.10.1.
The
Union agrees to make available to the City,
copies of the Union Employee List to be used for the purposes of shift/days off
and Annual Leave selection.
10.11.
In the
event of a layoff in the Bureau of Emergency Communications, it is agreed that
no regular, permanent ECO will be laid off while an ECO trainee or part-time
employee (if part‑time positions are maintained) is still working. It is further
agreed that those classified ECO I will be laid off before any ECO II is
laid off.
10.12.
Probationary Period. The entry probationary period is twelve
(12) months from date of hire. Entry probationary employees are not permanent,
serve at the pleasure of the City, and may be discharged without recourse to the
grievance procedure.
10.12.1.
After
completion of the initial twelve (12) month probationary period, employees may
only be discharged for just cause. It is specifically understood that just cause
shall include inability or failure on the part of an employee to attain
certification in accordance with BOEC job requirement prior to completion of
eighteen (18) months’ service from date of hire.
11.
ANNUAL LEAVE
11.1.
All
employees shall receive Annual Leave with pay as follows:
11.1.1.
Annual
Leave for employees shall be computed on the basis of time actually served
during each calendar year. The rate that annual leave accrues shall depend upon
the total amount of service for the Employer, whether or not such service was
broken. Beginning with January 1 of the year in which the employee reaches
the following service anniversaries, leave shall accrue at the following
rates:
Accrual Rate Per
Equivalent
Anniversary
Bi‑Weekly Period
Annual Leave
Entry
7.08 hours
184 hours
5
8.62 hours
224 hours
10
9.38 hours
244 hours
15
10.15 hours
264 hours
20
10.92 hours
284 hours
25
11.69 hours
304 hours
11.2.
An
employee’s Annual Leave is deemed earned and shall be credited each payroll
period.
11.3.
In
computing total amount of service as used in 11.2 above:
11.3.1.
Includes time taken while on leave of
absence with pay or for military leave without pay.
11.3.2.
Includes any time under temporary
appointment in City service, employment by the Dock Commission, the
Exposition‑Recreation Commission, and the Portland Development
Commission.
11.3.3.
Includes absence because of an on‑the‑job
injury up to one year.
11.3.4.
Excludes time in City service for pension
benefits.
11.4.
Employees shall continue to earn Annual
Leave credit for:
11.4.1.
A
cumulative period of one year because of time lost for each on‑the‑job injury,
provided that the employee returns to work in accordance with the Bureau of Human Resources Administrative Rule
6.03, Vacations. However, should such on‑the‑job injury result in
disability retirement, the employee will be paid for such accrued Annual Leave
up to the one‑year maximum accrual.
11.4.2.
Any
authorized leave of absence where an employee continues his/her pay
status.
11.4.3.
Any
authorized personal leave of absence not to exceed thirty (30)
days.
11.5.
The
total number of Annual Leave hours accrued at the end of the first payroll
period in January cannot exceed an employee’s Annual Leave accrual for the
preceding twenty‑four (24) month period. Any excess credit at that time will be
forfeited. Except, however, if during the Month of December, the Employer
requires an employee to work his/her leave period that was previously scheduled
and approved, the amount of leave worked may be carried over in addition to two
year’s accumulation.
11.6.
Annual
Leave credits will not be available for use until the employee has completed
ninety (90) days of service. Whenever an employee with more than ninety (90)
days service is laid off or terminated, his/her Annual Leave time shall be paid
in a lump sum.
11.7.
Employees shall have the right to exercise
their seniority in determining their Annual Leave times as provided in
Article 10.
11.8.
Employees shall be able to schedule Annual
Leave at other times than at the semi-annual leave sign-up as
follows:
11.8.1.
With a minimum of seventy-two (72) hours and maximum of
two months notice, employees shall be allowed to schedule Annual Leave up to the
number of annual leave slots assigned to their shift or combined
shift;
11.8.2.
The bureau
shall continue its current practice of allowing employees to sign up for
vacation slots under Article 11.9. The bureau shall not be required to grant
vacation requests to alternates if the vacation slot is cancelled or vacated
with less than 72 hours notice.
11.8.3.
When a
vacation slot is reopened within 30 days of the slot, the slot will remain open
up to 72 hours prior to that date. The employee who moves to a new shift may
sign up for any open vacation prior to the beginning of the new shift as
provided for in 10.5.13. Newly certified ECOTs original vacation bids will be
honored on their new shift.
11.9.
An
employee may be allowed to take leave at other times than those specified in
other sections of this Article or in Article 10 upon reasonable notice and by
mutual agreement between the employee and his/her immediate
supervisor.
11.10.
Once
an employee’s Annual Leave time has been scheduled, the employer shall not
cancel such scheduled Annual Leave time unless the needs of the operation so
dictate. If the employee feels his/her scheduled Annual Leave was canceled
without good reason, the matter will be subject to the regular grievance
procedure. If the Employer is found to be in violation of this article, the
employee will be paid at time and one‑half for the time worked during the
scheduled Annual Leave, with no loss of accrued Annual Leave time. Furthermore,
the Employer will make every effort to accommodate the employee in rescheduling
the employee’s new Annual Leave irrespective of bid or available
slot.
11.11.
No
allowance shall be made to an employee for sick leave during a period designated
in advance for Annual Leave purposes; except upon a determination by the
Commissioner in charge that the injury or illness was of a serious nature.
Prompt notification of the injury or illness, and clearance by the person in
charge of the employee’s payroll unit, shall be made as provided in the Bureau of Human Resources Administrative Rule
6.04, Sick Leave.
11.12.
Employees shall exhaust all paid leave
before being permitted to be on an unpaid status except that an employee may
maintain and protect a total of 80 hours annual leave per calendar
year.
11.12.1.
An
employee not wishing to protect any applicable portion of annual leave may
notify the Bureau to change their current status concerning protected annual
leave, on a pay period-to-pay period basis.
11.12.2.
Employees will have the opportunity to use
overtime compensation (OTC) hours in lieu of annual leave.
12.
HEALTH AND LIFE INSURANCE
12.1.
Labor/Management
Benefits Committee. The parties agree to the continuation of
the city-wide Labor/Management Benefits Committee. The committee will consist of 14 members.
One member shall be appointed from each of the following labor organizations:
the District Council of Trade Unions (DCTU), the Portland Police Association
(PPA), the Portland Fire Fighters’ Association (PFFA), the City of Portland
Professional Employees Association (COPPEA), AFSCME, Local 189 representing
Emergency Communications Operators (BOEC), Municipal Employees, Local 483
representing Recreation Instructors (Recreation) and the Portland Police
Commanding Officers Association (PPCOA). The remaining seven members shall be
appointed by the City.
12.1.1.
A
quorum of twelve voting members is required for the committee to take action. An
absent committee member may designate a substitute with full voting authority.
Any committee member may invite one or more visitors to attend committee
meetings.
12.1.2.
The
committee shall select its chairperson, who shall serve at the will of the
committee.
12.1.3.
In
order to make a recommendation to the City Council, at least 12 committee
members must vote in favor of the recommendation. The committee shall be
responsible for establishing internal committee voting and decision-making
processes.
12.1.4.
Members of the committee shall be allowed
to attend committee meetings on on-duty time. In the event meetings are
scheduled outside the regular shift hours of a committee member, the City shall
make every effort to adjust the shift of the member to allow the member to
attend while on duty.
12.1.5.
The
committee shall meet at least quarterly, and shall make written recommendations
regarding plan design changes in the employee benefits program to the City
Council no later than April 1st of each year.
12.1.6.
The
City Council shall retain the discretion to implement or reject any of the
committee’s recommendations. In the event the committee makes a recommendation
that is consistent with the committee’s authority, is actuarially sound and
meets all the requirements of federal, state and local laws, and Council rejects
the recommendation, any reductions in plan costs that may have occurred due to
the change in plan design, will be treated as having occurred for the purposes
of calculating the maximum City contribution under this agreement. These costs
will be calculated by evaluating the premiums and/or rates as if the changes had
occurred, the rates and/or premiums absent the changes, and the number of
participants under the plan(s) involved. (For example, if the self‑insured plan
two party rate would be $298 per employee per month with the addition of a
benefit design change “X”, but Council rejects the design change and therefore
the two party rate is $350 per month per employee, the City contribution
will be increased $52 per month per employee on the self‑insured plan to give
credit for the change.)
12.2.
Benefits Eligibility.
12.2.1.
Permanent full-time employees shall be
eligible for medical, dental, vision and life insurance coverage the first of
the month following thirty (30) days of eligible service. Medical, dental,
vision and life insurance benefits will be paid at 100% of the city contribution
for those employees who have a Standard Hours designation of at least
seventy-two hours in a pay period in a benefits eligible, budgeted
position.
12.2.2.
Permanent part-time employees will be
eligible for medical, dental, vision and life insurance coverage as
follows:
|
Standard Hours Per
Pay Period |
Percentage of
Full-Time Employee Contribution |
|
38-56 |
50% |
|
57 |
75% |
12.2.3.
The
percentage of benefits shall be based on the employee’s standard hour
designation for the period of part-time (or job-share) work under the
program.
12.2.4.
Medical, dental, vision and life insurance
benefits may be denied to employees who are in a pay status for less than
seventy-six (76) hours during a calendar month by the withholding of city-paid
premiums for the subsequent month.
12.3.
City Contributions.
12.3.1.
For
the plan year commencing July 1, 2003, the City contribution rate shall be adjusted
by 5.1%. Therefore, the
City shall make contributions to the Health Fund for each self-insured medical
plan participant in the amounts set forth below:
|
Medical |
One
Party |
$260.71
per month |
|
|
Two
Party |
$513.89
per month |
|
|
Family |
$692.20
per month |
|
|
|
|
|
Dental |
One
Party |
$52.83
per month |
|
|
Two
Party |
$90.93
per month |
|
|
Family |
$154.03
per month |
|
|
|
|
|
Vision |
One
Party |
$5.75 per
month |
|
|
Two
Party |
$10.37
per month |
|
|
Family |
$13.96
per month |
|
|
|
|
|
Total |
One
Party |
$319.29
per month |
|
|
Two
Party |
$615.19
per month |
|
|
Family |
$860.19
per month |
12.3.2.
Effective July
1, 2004, the contribution in 12.3.1 shall be adjusted to reflect the full annual
percentage increase in the Portland Medical Care CPI-W as measured by the index
for January 2004 and 2nd Half 2003. However, in no event shall the contribution
rate increase be less than two percent (2%) or greater than ten percent
(10.0%).
12.3.3.
Effective July
1, 2005, the City contribution rates in 12.3.2 shall be adjusted to reflect the
full annual percentage increase in the Portland Medical Care CPI-W as measured
by the index for January 2005 and 2nd Half 2004. However, in no event shall the
contribution rate increase be less than two percent (2%) or greater than ten
percent (10.0%).
12.3.4.
The
City’s total contribution for insured plan participants shall be limited to the
actual insured plan premium rate, not to exceed the amounts set forth above.
Should the insured plan premiums exceed the cost of the City’s self-insured core
plan, the parties agree that the Benefits Manager and
the Labor/Management Committee will use their best efforts to control the cost
of the insured plans, including consideration of replacement of the current
insured plan with other insured plans, or with new self-insured
plans.
12.3.5.
If the
City’s contribution is less than the self-insured or insured plan costs, the
difference shall be paid by employees through a pre-tax payroll deduction each
payday (except for the third payday of the month). In the alternative, if the
City’s contribution is less than the self-insured core plan or insured plan
costs, the Committee may recommend to require the difference be paid from any
available excess reserves in the Health Fund. For purposes of these
calculations, “plan costs” for the self-insured and insured plans shall be
defined to include domestic partners insurance, and insured and self-insured
medical, dental, vision and prescription drug benefit
plans.
12.3.6.
The
amount the City shall contribute to the Health Fund for each self-insured
medical plan participant shall be established annually and will be documented in
the form of a Memorandum of Agreement.
12.4.
Employee
Contributions
12.4.1.
Effective July 1,
2003, each payday
(except for the third payday in a month) each employee on the self-insured plan
shall pay the following amount through a pre-tax payroll
deduction:
|
|
$5.00 per
payday |
|
Two
Party |
$10.00
per payday |
|
Family |
$15.00
per payday |
12.4.2.
Because the
CityCore premiums for Plan Year 03/04 are for the most part below the City
Contribution provided for in Article 12.3.1, the parties agree to waive the
collection of the employee contributions in Article 12.4.1 for Plan Year
03/04.
12.4.3.
Effective
July 1,
2004, each payday
(except for the third payday in a month) each employee on the self-insured plan
shall pay the following amount through a pre-tax payroll deduction:
|
One
Party |
$5.50 per
payday |
|
Two
Party |
$11.00
per payday |
|
Family |
$16.50
per payday |
12.4.4.
Effective
July 1,
2005, each payday
(except for the third payday in a month) each employee on the self-insured plan
shall pay the following amount through a pre-tax payroll deduction:
|
One
Party |
$6.05 per
payday |
|
Two
Party |
$12.10
per payday |
|
Family |
$18.15
per payday |
12.5.
Opt
Out.
12.5.1.
A benefits eligible employee who has
alternate group medical coverage may choose to opt out of City provided medical
coverage. A full-time employee who chooses to opt out shall not be required to pay the employee
premium contribution in 12.4 through 12.4.4 and shall receive a cash
payment every payday (except for the third payday in a month) as
follows:
|
Cash
Payment |
One
Party |
$25.00 per
payday |
|
|
Two
Party |
$45.00 per
payday |
|
|
Family |
$62.50 per
payday |
12.5.2.
Employees may elect to receive the cash
payment as cash (subject to withholding) or as a pre-tax contribution into a
Flexible Spending Account (MERP or DCAP). In addition to the cash payment to the
employee, the City shall contribute for each full-time employee who opts out of
medical coverage an additional amount to the Health Fund as
follows:
|
City
Contribution |
One
Party |
|
|
|
Two
Party |
$83.06 per payday |
|
|
Family |
$64.67 per payday |
12.5.3.
Effective July
1, 2004, the contribution in 12.5.2 shall be adjusted to reflect the full annual
percentage increase in the Portland Medical Care CPI-W as measured by the index
for January 2004 and 2nd Half 2003. However, in no event shall the contribution
rate increase be less than two percent (2%) or greater than ten percent
(10.0%).
12.5.4.
Effective July
1, 2005, the City contribution in 12.5.3 shall be adjusted to reflect the full
annual percentage increase in the Portland Medical Care CPI-W as measured by the
index for January 2005 and 2nd Half 2004. However, in no event shall the
contribution rate increase be less than two percent (2%) or greater than ten
percent (10.0%).
12.5.5.
The
City shall pro-rate the cash payment and City contribution in 12.5 through
12.5.4 above for part-time benefits eligible employees based on the standard
hours schedule. (See Article 12.2.2.)
12.6.
Domestic
Partners. Benefit coverage for domestic partners will
continue. Availability of domestic partner benefit is subject to continuing
availability from the City’s benefit employee benefit insurance carriers. The
Committee will recommend eligibility rules governing domestic partner benefit
coverage to the City Council.
12.7.
Health Fund Reserves.
12.7.1.
The
Health Fund shall be maintained with adequate reserves to meet fund obligations,
which include claims, Incurred But Not Reported Claims
Reserves, and Large Claim Reserves. The committee shall make recommendations to
the City Council on creating other reserves as
appropriate.
12.7.2.
The
term “excess reserves,” as used in this agreement, shall be defined as the
monies in the Health Fund which are not needed to meet fund obligations. Excess
reserves shall remain in the Health Fund, but shall be subject to separate
reporting to the committee.
12.7.3.
The
Health Fund and all reserves associated with the Fund must be maintained in an
interest bearing account. Fund reserves shall be pooled, and shall not be
allocated on an individual employee or employee group
basis.
12.8.
Retiree and Survivor Benefits.
12.8.1.
The
City shall make available to a retired employee, spouse and children, or to the
surviving spouse and children, or to a surviving spouse, the same medical,
dental, and vision benefits offered to active employees. The cost of the plans
shall be borne by the retiree or his/her spouse. The health care insurance
coverage shall be made available for a retired employee until the retired
employee becomes eligible for federal Medicare coverage, for the spouse of a
retired employee until the spouse becomes eligible for federal Medicare coverage
and for a child until the child arrives at majority.
12.8.2.
The
City shall provide to the spouse and dependent children of an employee who is
killed on the job, the same medical, dental and vision benefit plans available
to active employees. The City agrees to continue the City contribution for the
spouse and dependent children until the spouse reaches age sixty-five or
remarries and for each dependent child to the age which meets the eligibility
requirements of the health plan in which they are
enrolled.
12.8.3.
The
promise of the City to provide insured plans is dependent upon the continuing
availability of such plans from an insurance carrier and the qualification by
the retired employee with the plan while the retiree was employed with the City.
Should an insurance carrier terminate the plan, the City shall attempt to
replace it.
12.9.
Life Insurance. The City shall provide each employee with
a life insurance policy; said policy shall be secured and maintained in
accordance with the City’s existing practices.
12.9.1.
The
value of the policy shall be no less than $10,000 and if greater, shall be such
amount as established by the City Council upon the recommendation of the
Labor/Management Benefits Committee.
12.9.1.1.
Effective
July 1,
2004, the value of
the policy shall be the lesser of one times annual
salary rounded to the next higher multiple of $1,000 or
$50,000.
12.9.2.
The
City shall make available supplemental life coverage on a voluntary, employee
paid basis.
12.10.
Deferred Compensation. The City shall allow employees under this
contract to participate in the Deferred Compensation Program that is currently
available to employees. However, if the program is determined not to be
allowable as a tax deferral under the Internal Revenue Code, the participating
employee shall hold the City and the Union harmless against any and all claims,
demands, or other forms of liability arising as a result of any invalidation of
the terms and conditions of the Program.
12.11.
Federal Health Legislation. If the Federal Government enacts Federal
Health Legislation, or if any taxing authority taxes or otherwise limits or
restricts health care benefits paid by the City, the City and the Union will
immediately negotiate on the effect of that legislation as it pertains to this
Article.
12.12.
Disability Insurance. The City shall modify the benefits plan
to include the addition of disability insurance for employees as recommended by
the Labor/Management Benefits Committee and approved by the Portland City
Council.
13.
CHILD CARE
13.1.
During the term of this Agreement, the
parties agree to discuss the feasibility of mutual child care services and
provide recommendations to the parties. The existing Labor/Management Committee
shall be the forum for any discussions which occur.
14.
SICK LEAVE
14.1.
The City will continue for the life of this
agreement to provide its employees with the sick leave plan and program
presently in effect, except as modified as follows: Permanent employees,
including those in probationary status, shall be eligible for use of earned sick
leave immediately upon hire. Full-time employees shall accrue sick leave at the
rate of 4 hours per biweekly payroll period, or 104 hours per year of service.
Employees may accumulate unlimited sick leave.
14.2.
An
employee shall be entitled to use a maximum of four (4) consecutive calendar
days’ sick leave without a signed doctor’s certificate if the employee has
accumulated not less than four hundred (400) hours of sick leave. Otherwise, the
employee will be entitled to use a maximum of three (3) consecutive calendar
days’ sick leave without a doctor’s certificate. If an employee is on sick leave
prior to his/her regular weekly scheduled days off and reports to work the first
work day following such scheduled days off, the scheduled days off will not be
counted for the purpose of requiring a doctor’s certificate. When a doctor’s
certificate is required, it will contain the date of treatment, the date the
employee may return to work, and the doctor’s name, address and phone number. If
the employee is aware that his/her condition will require more than two (2) days
sick leave usage, he/she will inform his/her supervisor of the approximate time
of return.
14.3.
Employees who are unable to report to work
due to illness or injury and who have insufficient sick leave accrued to cover
the absence may be required to provide a doctor’s certificate as described
above.
14.4.
Time
for medical and dental appointments will be charged against accrued sick leave.
However, due to the operational needs of the bureau, medical and dental
appointments should be scheduled whenever possible on off-duty
hours.
14.5.
An
employee who is unable to report to work due to illness or injury shall attempt
to report the absence to his/her supervisor at least one hour prior to the start
of the employee’s scheduled shift.
14.6.
Notwithstanding the foregoing, any employee
who is considered to be excessively absent may be required to furnish a doctor’s
certificate for each absence due to illness or injury.
14.7.
Employees who have insufficient sick leave
to cover absences due to illness or injury shall use annual leave to cover
absences, except as provided by Article 11.13 of Article 11‑Annual
Leave.
14.8.
Prior
to taking any disciplinary action concerning excessive absenteeism, the
supervisor will notify the employee that his/her absenteeism appears to be
excessive. The purpose of the notification is to allow the employee to identify
the specific reasons for the absenteeism, and to assist the employee in a
cooperative effort to alleviate the cause of the problem.
14.9.
Any
one or a combination of the following criteria may indicate a pattern of
excessive absenteeism:
14.9.1.
Amount
of absences due to illness or injury above the Bureau-wide average for the
preceding 12 months.
14.9.2.
When
75% or more of the employee’s absences due to illness or injury have been in
conjunction with regular days off, vacation days, or some other specific pattern
of usage.
14.9.3.
Documented usage not to be considered as
excessive absenteeism includes:
14.9.3.1.
Long
term non-occupational illnesses.
14.9.3.2.
Non-service connected
injuries.
14.9.3.3.
Chronic conditions which are not service
connected or occupational, but render an employee temporarily unable to perform
their duties.
14.9.3.4.
Approved leave under FMLA and/or OFLA.
14.9.3.5.
The
bureau may require that absence excluded as “excessive” must be documented with
a doctor’s certificate.
14.9.4.
Not
withstanding the foregoing, any employee who cannot meet the attendance
requirements of the bureau may be subject to medical
layoff.
14.9.5.
Disciplinary action for excessive
absenteeism may include, but is not limited to, denial of overtime work under
Article 7.2, and/or placing an employee on sick leave probation for a period of
six (6) months. An employee on sick leave probation will not be compensated for
the first (1st) work day lost for each occurrence of sick time
absence. Sick leave probation and/or denial of overtime work shall be reviewed
after six (6) months. If an employee documents each sick leave absence at the
time of occurrence during his/her sick leave probation with doctor’s
certificates, or is not absent, then such sick leave probation and/or overtime
work restriction shall be removed.
14.10.
Pregnancy shall be considered an illness
for the purposes of this Article. If during the first seven (7) months of
pregnancy, a pregnant employee presents supporting medical evidence, the City on
request will attempt to make reasonable accommodation regarding available work
within the employee’s classification for a period not to exceed sixty (60)
days.
14.11.
In
situations where an employee’s spouse, domestic partner, parent, child,
household member, or other person for whom the employee is legal guardian,
becomes ill or injured and alternate means of transporting or caring for such
person cannot be arranged immediately by the employee, the employee shall be
permitted to use up to forty (40) hours of accrued sick
leave.
14.12.
Industrial Accident Leave.
14.12.1.
During
an absence due to an industrial accident which has been accepted by the Risk
Management Division, any employee covered by this agreement shall be entitled to
receive an income supplement from the City for as many days as s/he had accrued
sick leave prior to the accident. The amount of supplement is designed to
provide no more net compensation while on time loss than s/he would have
received while working their regular hours. Supplemental pay will be determined
in the following manner:
14.12.1.1. The Employee’s base hourly rate will be
multiplied by the number of regular hours in a pay period to determine the
regular gross pay. From this amount the mandatory deductions of FICA and State
and Federal withholdings based on the reported exemptions prior to the time of
the accident will be deducted. The result will be the regular net pay amount
that will be met with any combination of time loss pay, regular hours pay, and
supplemental pay.
14.12.1.2. The total mandatory deductions in 14.12.1.1
above will be divided by the regular gross pay as calculated in 14.12.1.1 above.
The result will be the worker’s standard mandatory deduction
rate.
14.12.1.3. The amount of net Supplemental Pay will be determined by taking the regular
net pay from 14.12.1.1 above, subtracting Worker’s Compensation time loss
payments, then subtracting the product of gross pay from regular hours worked
(including pay for approved time off) times one minus the worker’s mandatory
deduction rate determined in 14.12.1.2 above.
14.12.1.4. The net Supplemental Pay determined in
14.12.1.3 above will be divided by one minus the worker’s mandatory deduction
rate as determined in 14.12.1.2 above to determine the amount of gross
supplement pay required to yield the target net pay.
14.12.1.5. If the above calculations determine a
negative net Supplemental Pay amount, the Supplemental Pay amount will be
zero.
Gross Supplemental Pay
=
14.12.1.6. For the purpose of this section, base
hourly rate is defined as the rate at which the employee would be paid sick
leave or vacation time loss.
14.12.1.7. The number of days of income supplement to
which an employee is entitled shall be calculated by dividing the number of sick
leave hours accrued by the employee at the close of the pay period preceding the
date on which the injury or illness occurred by eight (8), and rounding up to
the nearest whole number. Supplemental pay will be paid on a continuous basis
until exhausted. If the employee’s claim for Workers’ Compensation benefits is
accepted by the Risk Management Division, supplemental payments based upon sick
leave accrued shall not be charged against the employee’s sick leave
balance.
14.13.
On an
employee’s date of hire, s/he shall be credited with a total of fifteen (15)
days of industrial accident leave. Such leave shall be available for time lost
because of industrial injury for two years from the employee’s date of hire.
Such leave credits shall be used prior to the supplement outlined in subsection
14.12 above.
14.14.
Payments made by the City under subsections
14.12 shall not be charged to accrued sick leave.
14.15.
If an
employee exhausts all benefits in 14.12 above, and remains employed with the
City, the City shall maintain the employee’s health and welfare insurance
benefits for a period not to exceed twelve (12) months of his/her industrial
accident leave, providing s/he was eligible for City-paid benefits at the time
of the accident.
14.16.
Sick Leave Utilization Upon Retirement.
14.16.1.
The
City agrees to convert sick leave pay, upon retirement to a PERS supplement, as
contemplated by ORS 237.153, to the extent allowed by
law.
14.17.
Sick
leave will not accrue during unpaid leaves of absence exceeding thirty (30)
days.
15.
LEAVES
15.1.
Funeral Leave. An employee absent from
duty due to the death of a member of his/her immediate family shall be allowed
up to three (3) days time off duty without deduction of pay on account of such
absence. “Immediate family” is defined as the employee’s spouse, domestic
partner, parent, grandparent, grandparents-in-law, child, daughter-in-law,
son-in-law, grandchild, stepchild, step-brother, step-sister, step-parents,
step-grandparents, sister, brother, sister-in-law, brother-in-law,
mother-in-law, father-in-law, equivalent relatives of an employee with a
domestic partner, or household member. Up to two (2) days of additional time may
be allowed upon approval of the division head in charge (or his/her
designee).
15.1.1.
An
additional two (2) days’ leave shall be allowed an employee for necessary
funeral travel time in the event of a death in his/her immediate family.
Approval for such travel time shall be made by the division head in charge (or
his/her designee).
15.1.2.
Under
exceptional circumstances leave for death may be granted by the division head
(or his/her designee) upon the death of a person other than the employee’s
immediate family.
15.1.3.
When
an employee attends a funeral ceremony for a fellow employee within his/her own
department, or for other public safety personnel, including EMS personnel,
he/she will be granted four (4) hours’ time off with pay to attend such funeral
ceremony, subject to the needs of the operation. Under exceptional circumstances
more than four (4) hours’ time off may be granted by the division head (or
his/her designee)
15.2.
Other Leaves.
15.2.1.
With
reasonable advance notice and with the consent of the Employer, employees shall
be permitted a day off without pay; provided, however, that no day off or leave
shall be granted for other outside employment. It is further provided that
employees may be granted long term leaves of absence for personal sickness or
injury that is non job‑related.
15.2.1.1.
After
a personal leave of absence of longer than six (6) months, an employee desiring
to return to work must give the City ten (10) days’ written notice of their
intent to return. However, if a vacancy does not exist at the time such employee
decides to return from a leave, the employee shall be placed on the appropriate
laid off list in accordance with their seniority. In no case shall an employee
be returned to active status for the sole purpose of accruing
benefits.
15.2.2.
Subject to the mutual agreement between the
City and the employee, a reasonable period will be allowed for the donation of
blood on a voluntary basis. If the donation period occurs on City time, it shall
not normally exceed two (2) hours.
15.3.
Family Leave.
15.3.1.
To
provide employees the opportunity to balance their family commitments with their
employment obligations, the City shall grant Family Leave to employees in
accordance with the Federal Family and Medical Leave Act of 1993 and The Oregon
Family Leave Act (ORS 659.470 through 659.494), and as designated in the
City’s Administrative Rules
and/or administrative procedures. For purposes of Family Leave, the City
agrees that “spouse” includes “domestic partner.”
15.3.2.
Any
subsequent changes in the law or the Administrative Rules will be incorporated
into this Agreement. Specific rules and/or administrative procedures are
available from bureau timekeepers or the Bureau of Human
Resources.
15.3.3.
During
periods of leave covered by the Federal Family and Medical Leave Act and the
Oregon Family Leave statutes identified above, eligible employees shall be
required to use accrued or accumulated paid leaves, including annual leave and,
when applicable, sick leave, prior to a period of unpaid leave of absence. The
use of sick leave shall be governed by Article 14 except as indicated below in
this article.
15.3.3.1.
Notwithstanding the provisions of Article
15.3.3 above, an employee may hold back all compensatory time and a portion of
annual leave as provided by Article 11.13.
15.3.3.2.
If an employee
has qualified for family leave and has exhausted all other forms of paid leave,
the employee may use sick leave in cases of a “serious health condition” (as
defined in state law) in the employee’s immediate family (as defined in ORS
state law including domestic partner as defined in this Labor Agreement). If
the duration of the employees’ family leave is longer than the amount of the
employees’ accrued paid leave (not including sick leave), the employee may
choose to be placed on unpaid leave of absence or sick leave for the duration of
the family leave after using all other accrued paid leave. In no event may an
employee use sick leave under this section to extend family leave beyond twelve
(12) weeks per calendar year.
15.3.4.
Parental Leave. In cases where an employee is eligible for
Oregon Family Leave and has been granted leave to care for an infant or newly
adopted child under 18 years of age, or for a newly placed foster child under 18
years of age, or for an adopted or foster child older than 18 years of age if
the child is incapable of self-care because of a mental or physical disability
(“parental leave”).
15.3.4.1.
Such
employee shall be allowed to use sick leave, annual leave credits or
compensatory time during the period of leave for the above purpose, as provided
by State law.
15.3.4.2.
An
additional period of unpaid leave or accrued annual leave shall be granted upon
request to extend the period to a total of 6 months.
15.3.5.
The
parties have further agreed that an employee who is granted family leave under
the above laws shall be entitled to utilize accrued compensatory time for that
leave.
