ARTICLE 1: Rights

 

Section 1-1: Purpose/Gender

 

Whenever any words used herein in the masculine, feminine or neuter, they shall be construed as though they were also used in another gender in all cases where they would so apply.

 

A.   Recognition

 

The City recognizes the Union as the sole and exclusive Meet and Confer agent, pursuant to the Meet and Confer Ordinance as amended, for the purpose of representation regarding wages, hours, and other conditions of employment for all regular full time and regular part time employees in positions constituting Unit III, as certified May 22, 1978, or as may be modified by the Phoenix Employment Relations Board (PERB).

 

If a court of competent jurisdiction (defined as Arizona Supreme Court or U. S. Supreme Court) determines that "fair share" does not violate Arizona State Law, then the

Union

and the City of

Phoenix

shall open up the contract to bargain in good faith on this issue.

 

If any conflict exists between the language in an A.R. or employment/ department rule and the language of the negotiated M.O.U., the M.O.U. shall prevail.

 

Section 1-2: City and Department Rights

 

The Union recognizes that the City has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing those services in all respects subject to this Memorandum.

 

 

The City Manager and Department Heads have and will continue to retain exclusive decision‑making authority on matters not officially and expressly modified by specific provisions of this Memorandum of Understanding, and such decision making shall not be in any way, directly or indirectly, subject to the grievance procedure contained herein.

 

The exclusive rights of the City shall include, but not be limited to, the right to determine the organization of City government and the purpose and mission of its constituent agencies, to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations, to establish and effect Administrative Regulations and employment rules and regulations, consistent with law and the specific provisions of this Memorandum of Understanding to direct its employees, to take disciplinary action for just cause, to terminate or reassign its employees from duty because of lack of work or for other legitimate reasons, to determine the methods, means and personnel by which the City's services are to be provided, including the right to schedule and assign work and overtime, and to otherwise act in the interest of efficient service to the community.

 

Nothing herein shall preclude the City from being in compliance with the Americans with Disabilities Act.

 

Section 1-3: Union Rights

 

It is understood by the parties that the benefits granted by this Article shall not be interpreted or applied as requiring the employer to count as time worked, any hours or fractions of hours spent outside the employee's work shift in pursuit of benefits provided by this Article.  The employer shall count as time worked any hours or fractions of hours spent within the employee's regular work shift in pursuit of benefits provided by this Article.

 

A.        Union Stewards

 

Union stewards have the right to paid release time under the grievance procedure herein subject to the following:

 

The

Union

may designate 52 stewards including five (5) Chief Stewards and fourteen (14) Lead Stewards to serve as employee representatives.  Such designation shall be made from amongst employees regularly working at the job sites as specified in Attachment "A" hereto.  The Labor‑Management Committee will discuss the job site allocation of the 52 stewards upon request by either party (Attachment A).  Employees must have completed the initial City probationary period of one (1) year to be eligible for designation as a steward.

 

The

Union

shall notify Labor Relations in writing of its designations and re-designations of stewards.

 

There shall be no obligation on the City, nor shall the City change or adjust employees' permanent regular work schedule or assignments solely as a result of such designations.

 

One such steward and the Grievant may, after the Grievant and the supervisor were unable to resolve the matter informally (Article 2, Section 2-l), when the Union is designated by the Grievant as his representative, attend mutually scheduled grievance meetings with department representatives without loss of pay or benefits for the purpose of gathering information and/or discussing the resolution of grievances.

 

In those instances where it is impractical for the steward to communicate with the Grievant or witnesses during the non‑work hours of the steward and employee(s), supervisor shall, subject to operational needs, approve the use of on‑duty time in accordance with the following limitations:

 

Use of paid time under this subparagraph e. shall be charged against the unit total of 3015 hours provided in C (1) of this article.

 

Use of such time shall be subject to notification to Labor Relations Division for the purpose of administering the use of said bank of hours.

 

            Use of such time shall be in increments of fifteen (l5) minutes.

 

B.        International and Local 2960 Union Representatives

 

Accredited A.F.S.C.M.E. International, and designated Local 2960 Chief Steward and Lead Stewards shall be admitted to the buildings and grounds of the City during working hours for assisting in the adjustment of grievances, so long as such will not interfere with any work operation or the safety and security of any work site.  Such representatives will check in with the supervisor involved and will be required to conform with the safety regulation of the work site.

 

C.        Release Time for Unit Related Activity

 

1) Paid Time

 

a)         The unit will be allowed, during each 12 month term of this Memorandum, subject to operational and scheduling factors and three (3) working days advance notice, a unit total of three thousand fifteen (3,015) hours paid release time per M.O.U. year to attend Union conferences, workshops, Executive Board meetings, general membership meetings of the local, and new employee orientations conducted by the City's Personnel Department. An additional 525 hours will be added, effective

July 1, 2009

, for a total of three thousand five hundred forty (3,540) hours.

 

Use of such time shall be subject to notification to the Labor Relations Division.  Use of such time for any single employee, of 800 (eight hundred) hours or more will be subject to notification by July 1, of each year to Labor Relations. This will allow for coordination with the department for release of the employee for the designated hours. Any release hours left over shall be credited or carried over to the next fiscal year bank of hours.

 

b)         The President or the designated representative of Local 2960 shall be allowed up to 2,080 work hours per M.O.U. year between July and June, inclusive, to engage in lawful union activities, pursuant to and consistent with this Memorandum.  Time used for this purpose in excess of 2,080 hours shall be at the expense of the

Union

, and the

Union

shall reimburse the City at the employee's hourly rate of pay.  The City will pay the employee's full time fringe benefits.

 

c)         The unit will be allowed, subject to operational and scheduling factors and fourteen (14) calendar days advance notice, up to one shift (either 8 or 10 hours depending upon their regular schedule) of paid release time for authorized stewards to attend a one-time contract orientation session conducted by the Union in each year of the contract.

 

d)         The Chief Representative (designated by the Executive Board of the Union) shall be allowed up to two thousand and eighty (2,080) work hours per MOU year to engage in lawful unit activities pursuant to and consistent with this memorandum.  The City will pay the employee's full‑time fringe benefits.

 

e)         A third release position designated by the Executive Board of the Union shall be allowed up to two thousand and eighty (2080) work hours per M.O.U. year to engage in lawful unit activities pursuant to and consistent with this memorandum.  The City will pay the employee’s full-time fringe benefits.

 

Upon return to their regular City duties, the Unit employee that was on full time release shall be reinstated to their original position, location and schedule by seniority.  In addition, any approved leave time the unit member had scheduled prior to their return to their department shall be honored by the department.

 

f)          Effective July 8, 2002, the unit will be allowed one thousand (1000) hours per M.O.U. year to engage in lawful union activities includingCity partnerships, and schools, conferences, workshops and training. Use of such time for any single employee, of 800 (eight hundred) hours or more will be subject to notification by July 1, of each year to Labor Relations. This will allow for coordination with the department for release of the employee for the designated hours.

 

g)         In recognition of the mutual benefit provided to the City and the

Union

by the full-time release positions, the City agrees to pay the President of the Union two hundred and eight (208) hours of overtime and each of the other two full-time Union release positions eighty (80) hours of overtime per M.O.U. year.  This overtime will be payable in the second pay period of each contract year.

 

2)         Unpaid Time

 

Unit members may be authorized in advance in writing to engage in lawful unit‑related activities during City work hours on a non‑paid basis by the City Manager or his designee in his unrestricted discretion according to the applicable Personnel Rules.  A member selected by the Union to do unit representation work which takes the employee from his employment with the City shall, at the written request of the Union, and subject to Civil Service rules and the approval of the Personnel Official, be granted an unpaid leave of absence.  The leave of absence shall be in increments of no less than three (3) months and shall not exceed one (1) year, but it may be renewed or extended for a similar period upon the request of the

Union

.

 

3)         There shall be no use of official time for unit related activities except as expressly authorized under the aforesaid sections.  The City reserves the right to deny approval of requests for use of official time for activities not expressly authorized under this Memorandum.

 

D) Payroll Deduction

 

1)         The City shall deduct from the first and second pay warrants of Union members, in each month, the regular periodic Union membership dues and regular periodic Union sponsored insurance premiums pursuant to the City's deduction authorization form duly completed and signed by the employee and transmit such deductions monthly to the Union no later than the fourteenth (14) day following the end of the pay period in which the deduction occurs, along with an alphabetical list of all employees for whom deductions have been made. Such deduction shall be made only when the Union member's earning for a pay period are sufficient after other legally required deductions are made.

 

2)         Authorization for membership dues deduction herein under shall remain in effect during the term hereof unless revoked in writing by the employee.  Revocation of deductions shall be accepted by the City only during the first week of July or January of each year of the term of this memorandum to be effective the following payroll period.  The City will notify the

Union

of any revocations submitted to it.

 

3)         The City shall not make dues deductions for unit members on behalf of any other employee organization (as defined in the Meet and Confer Ordinance) during the term of this Memorandum.

 

4)         It is agreed that the City assumes no liability except for its gross negligence on account of any actions taken pursuant to this section.  The City will, however, as promptly as technically possible, implement changes brought to its attention.    

 

5)         The City shall, at the written request of the

Union

during the term of this agreement, make changes in the amount of dues deduction hereunder for the general membership, provided costs for implementing such changes shall be reimbursed by the

Union

at actual cost incurred by the City.

 

E)        “Facilities and Services”

 

 

The Union may distribute material on the City's premises (buildings and grounds) before and after scheduled working hours or in non‑work areas during scheduled work hours provided that both the person distributing and the employee receiving such material are on their own time.

 

The City shall provide the

Union

with bulletin boards for its use in communicating with its members at mutually agreeable locations.  The City shall grant sole and exclusive use of such bulletin boards to the

Union

.

 

Material which is not abusive of any person or organization, which complies with laws regulating the political activities of City employees, and which is not disruptive of the City's operations, may be posted or distributed, provided that such material is submitted to the City and also signed by an authorized official of the Union.  The

Union

may grieve any refusal by the City to approve posting or distribution of submitted material.  The City will not arbitrarily disapprove submitted material.

 

The

Union

shall have the right to meet with each new unit member for one (1) hour during the scheduled Personnel Department’s new employee orientation before or after lunch for the purpose of informing each such new employee of the

Union

and of that member's right to have Union dues deducted from his pay warrant.

 

The City shall provide the

Union

on a semiannual (February 1 and August 1) basis, at actual cost, with a listing of unit members indicating name, address, job classification, department number, position number, and geographic payroll locator code.  This listing shall be on a computer floppy disc in a format compatible with the

Union

's computer.

 

The

Union

agrees to use this list solely for the purpose of communicating with unit members and will not share this information with other individuals or organizations.

 

Where possible, Unit III becomes a participant in the appropriate electronic distribution lists for promotions, seamless service, City Connections and/or educational opportunities.

 

F)        Effective

July 1, 2004

, the union shall be allowed fourteen thousand ($14,000), payable to the

Union

by the City during July of each M.O.U. year, for designated members of the local to attend schools, conferences, workshops and training.  These funds shall be used at the discretion of the union.

 

The Labor Relations Administrator will continue his practice of providing the union information concerning grievance and arbitration cases.  The union agrees that they will be reasonable in making these requests for information.

 

Effective July 2004, the

Union

and Labor Relations will hold a full day training/discussion session each MOU year.  This session will not be charged to the Union bank of hours (Department and E-board of

Union

).

 

Section 1-4: Rights of Unit Members

 

It is understood by the parties that the benefits granted by this Article shall not be interpreted or applied as requiring the employer to count as time worked, any hours or fractions of hours spent outside the employee's work shift in pursuit of benefits provided by this Article.  The employer shall count as time worked any hours or fractions of hours spent within the employee's regular work shift in pursuit of benefits provided by this Article.

 

A.        All unit members have the right to have the Union serve as their meet and confer representative without discrimination based on membership or non‑membership in the

Union

or any other organization.

 

B.        Union members shall have freedom of choice regarding representation or non‑representation in dealings with the City concerning grievances and matters pertaining to their individual employment rights and obligations.  Unit members in all City departments, have the right to representation, during the conduct of a management initiated investigatory interview when it becomes apparent that facts or evidence sought by management will result in disciplinary action against the employee being interviewed.  Prior to the employee being interviewed, a supervisor will advise the employee of the right to a representative. The employee will be allowed to seek advice and counsel from their representative during caucus and after conclusion of the interview.  Prior to the conclusion of the meeting, the member, or representative on behalf of the employee, will have the opportunity to make a closing statement.  In addition, Police Department employees are also covered by provisions in Section 1-4 (F) of this article.

 

A unit member identified only as a witness will be given the opportunity to consult with a Union representative to discuss their rights and obligations prior to the City interview. If a Union Steward is requested by management to hold over or is called in from home by a supervisor to represent an employee at a meeting required by management, the Union Steward will receive overtime compensation for actual time held over or a minimum of one (1) hour if called in from home.

 

Intent:  City management can continue with the current practice that allows management the right to contact a Union steward who is on duty to represent the employee.

 

A Unit member under investigation for a disciplinary matter that may lead to a written reprimand, suspension, demotion or discharge and who is interviewed, will be given a brief written statement informing him/her of the nature of the investigation and the allegations involved in the interview of the Unit member.

 

An immediate supervisor is strongly encouraged to discuss and attempt to resolve concerns with an employee without issuing a Notice of Inquiry (NOI). Should information be made known during this discussion that could result in discipline for that employee, the meeting should be stopped and the NOI process utilized.

 

An employee under investigation will be notified in writing every ninety (90) calendar days as to the current status of the investigation.  Every thirty (30) days, an employee under investigation may request a status update. At management’s discretion, the status will be provided either verbally or in writing. This will include a brief description of the number of known witnesses still to be interviewed and other investigative processes remaining to be completed, as well as an estimated date of completion.

 

C.        Any unit member covered hereunder shall, on his request and by appointment, be permitted to examine his personnel file, in the presence of an appropriate supervisory official of the Department.  The employee is entitled to designate one (1) person of his choosing (lawyer, union representative, close friend, etc.) to accompany him in reviewing his file.  The employee, however, must be present at the review.  In addition, the unit member may, at his discretion, attach rebuttal statements to any material contained in his personnel file, which may be of a derogatory nature.  No unit member shall have any adverse statements entered into his personnel file without the member being informed by a supervisor.  The employee shall be requested to date and sign such adverse material, not as an indication of agreement, but solely as evidence of being advised of its existence.  If the unit member requests, he shall receive a copy of the material in question.

 

1)         Within the second year of the MOU, the City will establish a logging system within the department and central personnel file. The log will identify the date, name of the person (other than Personnel staff) that examined the file, and purpose.

 

2)         If an employee is not given his/her PMG by the annual review date the employee's merit increase will be processed within twenty-one (21) calendar days following the above due date and be retroactive to the PMG annual review date.  (If PMG is an over all "met").

 

All unit employees may request that all their personnel files be purged of any adverse materials which are three (3) years or older providing the employee has received no disciplinary action for the same thing during the one-year immediately preceding the request. The request must be in writing and forwarded through official channels. Any adverse materials which are three (3) years or older, shall be purged in accordance with the records retention protocol.  Separation notices are exempted from these provisions except as described below.

 

            Purging requests apply to all files, in all formats, in all locations.

 

Upon request, performance evaluations over 10 years old will be purged from a unit member’s personnel file after 10 (ten) years as an active employee.

 

Upon request, a unit member may have documents related to disciplinary actions, which are over ten (10) years old, removed from his personnel file when there have been no incidents or problems of a similar nature within the ten year period immediately preceding the request.  The term “disciplinary actions” is defined as follows:

 

Any discipline given a unit member that resulted in a suspension of eighty (80) hours or less and, for an infraction which did not result in a criminal charge or actions which did not include violent or assaultive behavior directed at another person or, any infraction that is no longer considered to be a disciplinary matter under current contemporary department standards in effect at the time of the unit member’s file purge request.

 

In the event documentation that is eligible for purging is not purged, it will not be considered in future disciplinary matters. Discipline over five years old will not be considered in any process.

 

D.        The City will comply with provisions of A.R.S. Sec. 12‑2506, paragraph D, subparagraph 1, and assume responsibility for the actions of any Unit III employee in a legal proceeding for personal injury, property damage, or wrongful death, when it is demonstrated that the employee was performing his regularly assigned duties without malice or any degree of negligence.

 

E.        A coaching is a verbal discussion with an employee.  A coaching is not to be considered a first offense for purposes of progressive discipline.  A written record of a coaching may be placed in the supervisor’s file for both positive and negative incidents. A coaching is to be one-on-one. When two (2) or more supervisors are present at the coaching, the employee shall be advised of their right to representation. {An employee may receive more than one (1) coaching for a similar matter.}

 

A supervisory counseling is a verbal warning that the supervisor shall document in memo form.  A supervisory counseling is not discipline. They are to be used to determine only notice to the employee and credibility.  The supervisory counseling shall be initialed or signed by the unit member within two (2) weeks of being advised that the counseling has been issued.

 

If a supervisory counseling is to be used in any disciplinary or personnel action or any performance rating, the employee will be given the supervisory counseling in memo form, that identifies the behavior requiring improvement, the reason for the improvement, and the consequences of continuing the unacceptable behavior.  The memo will contain a line for the employee’s signature and above the line the statement: “The employee shall date and sign the supervisory counseling, not as an indication of agreement, but solely as evidence of being advised of its existence.”  The employee will receive a copy of the memo.

 

A supervisory counseling will only be retained in the supervisor’s file.  It will not be placed in the employee’s personnel file.  The supervisory counseling will be purged from the supervisor’s file after one (1) year provided no further incidents of a similar nature occur during this one (1) year period.

 

A unit member who receives a written reprimand will be provided a copy of the investigative summary (if any exists) supporting the written reprimand at the time the unit member receives the reprimand.

 

An employee who receives a written reprimand or suspension may request a copy of the information upon which the written reprimand or suspension was based.

 

Unit members are entitled to representation if a "Not Met" PMG is appealed and is at the Executive Level (Assistant Director or Director) or when management has more than one representative at the meeting to discuss the appeal of the PMG.

 

A unit member shall receive a copy of any statement that they are asked to sign.

 

All unit members have the right to be treated in a manner which is fair and impartial.

 

 

F. Rights and Disciplinary Matters (Police Department)

 

1)         Unit members of the Police Department have the right to appear before the Departmental Disciplinary Review Board when disciplinary matters are brought before the Board involving the unit member which may lead to demotion, suspension or discharge.

 

            a)         The purpose of such appearance is to give the unit member an opportunity to respond to the assertions made against him.

 

            b)         The Department shall notify the unit member ten (10) calendar days prior to such opportunity to respond to the Board.  The notification shall contain the date, time, violation(s) and basis of each violation that has been partially or wholly sustained.  In addition, the unit member, if he chooses, may meet with his immediate supervisor along with his second level supervisor, or the unit member’s bureau/precinct commander for the purpose of discussing the basis of each violation to be reviewed by the DRB.  If the immediate supervisor conducted the investigation, the unit member, if he chooses, may meet with the next supervisor in his chain of command.

 

Such request shall be made in writing to the unit member’s immediate supervisor.  Also, the unit member, if he chooses, may be accompanied by a unit representative at either meeting.

 

At the pre-DRB meeting, the unit member shall be afforded a reasonable opportunity to review the written investigation.

 

Realizing that in some cases there may be information that would be detrimental to the department’s ability to conduct misconduct investigations, that information may be deleted.  However, all other information will be available for review.

 

The unit members under investigation may request an edited copy of the DRB packet at no cost to the unit member.  The City has seven (7) calendar days from the date of request to provide above-mentioned packet.  If this information is provided to the unit member, there shall be no pre-DRB meeting.

 

The unit member may, at his discretion, appear before the Board with a unit representative of his choosing, and may state his reasons why the proposed action is unjustified.

 

The unit member may submit relevant written matter in support of his position.

           

2)         Any unit member under investigation by Professional Standards or a

Police Department Supervisor for a disciplinary matter, and who is interviewed or interrogated shall be given a written notice of investigation (Form 80-58DB) informing him of the nature of the investigation and his status in the investigation.  In addition, the unit member and/or the Police Department supervisor/internal affairs representative may mechanically record such interview/interrogation.  Should any mechanical recordings take place, the department reserves the right to transcribe any such interview/interrogation for the purpose of verifying the accuracy of the interview/interrogation and, if requested, the unit member shall sign the transcription if it is accurate.

 

The unit member may request a copy of the above tape.  In order to receive this copy, the unit member must provide Professional Standards with a blank standard cassette tape. The unit member shall not receive additional pay for picking up or dropping off this tape.

 

The employee shall be given the above‑mentioned written notice of investigation at the onset of the misconduct interview and prior to the employee being requested to prepare a written statement.  If the employee is requested to prepare a written statement, the employee may request one (1) hour to contact his Union representative prior to making the written statement.  When a unit member is given a written notice of investigation (Form 80-58DB), other than the investigating supervisor/s, the only persons the unit member may speak to concerning the investigation are their attorney, minister, unit representative, or spouse not involved in the investigation.  When the investigation is completed, the accused employee will be notified in writing of the findings.

 

3)         Unit members have the right to be represented by the

Union

, if personally requested by the unit member, in dealings with the City concerning grievances and investigatory interviews with a Police Department supervisor in a disciplinary matter which may lead to suspension, demotion or termination.  The representative must be a bargaining unit member. The bargaining unit representative will be the most readily available unit representative and will attend the above meeting as a non‑participating passive observer only.  The employee will be allowed to seek advice and counsel from their representative during caucus and after conclusion of the interview.  Prior to the conclusion of the meeting, the member, or representative on behalf of the employee, will have the opportunity to make a closing statement.  If a unit member is called to an investigatory interview with a Police Department supervisor for a disciplinary matter which may lead to a Written Reprimand, the conversation shall be mechanically recorded by the supervisor and, if requested, the unit member shall receive a copy of the recording.  Further, if personally requested by the unit member, representation will be allowed during a Professional Standards investigatory interview/interrogation concerning allegations focused on the unit member which may result in disciplinary action against him for violation(s) of the City or department work rules and regulations.  The representative must be a bargaining unit member.  The representative will be the most readily available unit representative and will attend the above meeting as a non‑participating, passive observer only.  The employee will be allowed to seek advice and counsel from their representative during caucus and after conclusion of the interview.  Prior to the conclusion of the meeting, the member, or representative on behalf of the employee, will have the opportunity to make a closing statement.

 

If a supervisory counseling is to be used in any disciplinary or personnel action or any performance rating, the employee will be given the Supervisory Counseling in memo form, that identifies the behavior requiring improvement, the reason for the improvement, and the consequences of continuing the unacceptable behavior.  The memo will contain a line for the employee's signature and above the line the statement, the employee shall date and sign the supervisory counseling, not as an indication of agreement, but solely as evidence of being advised of its existence," will be included.  The employee shall date and sign the supervisory counseling, not as an indication of agreement, but solely as evidence of being advised of its existence.  The employee will receive a copy of the memo.

 

Only paperwork pertaining to any completed N.O.I. Investigation resolved as sustained will be kept in an employee's file.

 

Attendance at the Police Department Disciplinary Review Board (DRB) is optional.  An employee may attend or not attend; it is his or her individual choice.  If an employee declines to appear before the DRB, comments made during deliberations of the Board will not be presented to the Civil Service Board and the fact that the employee did not appear before the DRB will not be held against the employee.  The employee may, at his or her discretion, appear before the Board with a representative of his or her choosing and may state his or her reasons why the proposed action is unjustified.  The employee and his or her representative may passively observe all presentations made to the Board and all responses made to questions by Board members.  The employee and non-board members will be excluded from the room during Board deliberations.  In addition, a representative from Labor Relations will be present as a passive observer at the DRB at the union's request.

 

If a Polygraph examination is required of a unit member, a unit representative may monitor the audio/video-taped examination from the monitoring room.

Section 1-5: Prohibition of Strike and Lockouts

 

A.        The

Union

pledges to maintain unimpaired municipal services as directed by the City and neither the

Union

nor any of its agents will authorize, institute, engage in a slowdown, work stoppage, or strike against the City.  During the term of this Memorandum, neither the City nor its agents shall authorize, institute, aid or promote any lockout of unit members covered by this Memorandum.

 

B.        The provisions of Section 2(17) and Section 13 of the Meet and ConferOrdinance are expressly incorporated herein.

 

Section 1-6: New Positions and Classifications

 

The City shall give notice to the

Union

within ten (10) working days whenever a reclassification study relating to Unit III is undertaken and shall provide the

Union

with an opportunity to meet with the person conducting the study prior to preparation of any report or recommendations.  The City shall notify the

Union

of the results of any Unit III reclassification study thirty (30) days prior to that study being presented to the Personnel Committee.

 

The City shall notify the

Union

in writing, thirty (30) calendar days prior to any new position or classification being placed permanently into Unit III.

 

The parties agree to consult on the inclusion or exclusion of new classification(s) in the bargaining unit and may thereafter refer any such matter, jointly or individually, to the Phoenix Employment Relations Board (PERB) for appropriate action.

 

The City agrees that it shall notify the Union thirty (30) days in advance in writing when significant changes will be made in the duties, responsibilities, training or experience qualifications in position classification standards resulting in classification changes or resulting in positions removed from the unit.

 

The

Union

may submit written requests for job classification studies to the Personnel Department.  The

Union

will get at least one of their prioritized job reclassification studies started each year in order of their ranking.  In addition, the

Union

will be allowed to meet with the person conducting the job study of a group or work unit prior to the preparation of any report or recommendations.

 

All written requests for classification studies submitted by the

Union

shall include, but not be limited to, the following information:

 

                        A full description of the new duties and responsibilities.

A full explanation of why the

Union

feels the position(s) should be reclassified.

A list of comparative positions/classifications that led to the

Union

's request.

Such other information as is normally considered relevant to a classification review.

The City will endeavor to complete such studies six (6) months of start of audit.

 

The results of the audit of any classification study shall be subject to review by the City’s Personnel Committee in accordance with existing procedures in that respect.

 

E.        The City will comply with the provisions of Management Procedure 5.501, dated

February 7, 1994

, and notify the

Union

, in writing, of the City’s intent to contract with a private agency for the provision of municipal services.  The

Union

may, within seven (7) calendar days of this notification, request a Labor/Management Committee meeting for the purpose of discussing the potential contract.  It is understood by all parties that the

Union

’s exercise of rights granted by this Article shall in no way delay the process outlined in Management Procedure 5.501, nor impede the City's authority to enter into a contractual agreement with a private agency.

The City will provide the union with a monthly listing in electronic format of unit employees' name, home address, date of employment, and department.  The City will also provide mailing labels of all Unit 3 employees at the request of the

Union

.  The

Union

will bear the cost of providing the mailing labels.

 

            The City shall provide the

Union

a list of all Unit III vacancies monthly.

 

ARTICLE 2: Grievance/Arbitration/Labor Management

 

Section 2-1: Grievance Procedure

 

It is understood by the parties that the benefits granted by this Article shall not be interpreted or applied as requiring the employer to count as time worked, any hours or fractions of hours spent outside the employee's work shift in pursuit of benefits provided by this Article.  The employer shall count as time worked any hours or fractions of hours spent within the employee's regular work shift in pursuit of benefits provided by this Article.

 

A. Informal Resolution

 

As a matter of good labor-management relations a unit member who believes that he has a bona fide grievance must discuss and attempt to resolve it with his immediate non-unit supervisor.  The unit member and the immediate supervisor shall be the only participants in the informal meeting.

 

If such informal discussion does not resolve the problem to the unit member's satisfaction, the unit member may file a formal grievance in accordance with the following procedure:

 

B. Definition of Grievance

 

A "grievance" is a written allegation by a unit member, submitted as herein specified, claiming violation(s) of the specific express terms of this Memorandum for which there is no Civil Service or other specific method of review provided by State or City law.

 

C. Procedure

 

            In processing a formal grievance, the following procedure shall apply:

 

Step I

 

The unit member shall reduce his grievance to writing by signing and completing all parts of the grievance form provided by the City, and submit it to the second line supervisor designated by the City or City designee within fifteen (l5) calendar days of the initial commencement of the occurrence being grieved or when the employee had reasonable cause to become aware of such occurrence. Either party may then request that a meeting be held concerning the grievance or they may mutually agree that no meeting be held.  The second line supervisor shall, within ten (10) calendar days of having received the written grievance or such meeting, whichever is later, submit his response thereto in writing to the Grievant and the Grievant’s representative, if any.  The time period for an appeal begins when a fax is sent to the Grievant's representative.  (Fax 602-716-9337.  It is recommended that the fax is sent when the copy is given to employee).

 

Step II

 

If the response of the first level of review does not result in resolution of the grievance, the Grievant may appeal the grievance by signing and completing the City form and presenting it to the second level of review (Department Director designated by the City) within ten (10) calendar days of the Grievant’s receipt of the level one response.  Either party may request that a meeting be held concerning the grievance or may mutually agree that no meeting be held.  Within ten (10) calendar days of having received the written grievance or the meeting, whichever is later, the second level of review shall submit his response to the grievance to the Grievant and the Grievant’s representative, if any.  The time period for an appeal begins when a fax is sent to the Grievant's representative.  (Fax 602-716-9337.  It is recommended that the fax is sent when the copy is given to employee).

 

Step III

 

If the response of the second level of review does not result in resolution of the grievance, the Grievant and the

Union

may, within ten (10) calendar days of having received the Step II response, appeal the grievance by signing and completing the City form and presenting it to the Grievance Committee. The time period for an appeal begins when a fax is sent to the Grievant's representative.  (Fax 602-716-9337.  It is recommended that the fax is sent when the copy is given to employee).

 

            The Grievance Committee shall be composed of:

 

                        Chairman:     A member of the City Manager's Office designated by the City Manager.

 

                        Secretary:      The Labor Relations Administrator or the Administrator's designee.

 

                        Member:        The President of the Local or the President's designee.

 

The Grievance Committee shall, within ten (10) calendar days of receipt of the appeal, schedule a hearing regarding the grievance at which the Grievant shall be afforded the opportunity to fully present his position and to be represented.  A Grievance Committee meeting shall be held within sixty (60) calendar days of receipt of the appeal.  The Grievance Committee shall, within ten (10) calendar days of the conclusion of the hearing, make advisory recommendation on the grievance and submit it to the City Manager for final determination for those employees who have elected to use this procedure instead of arbitration.

 

In lieu of such hearing, the Grievant and the

Union

may jointly invoke the following procedure by submitting written notice to the Labor Relations Division within ten (10) calendar days of having received the Step II response.  If the Grievant and the Union so elect in writing within the above time limit, in lieu of such Grievance Committee hearing, the grievance may be reviewed by an arbitrator.

 

The parties or their designated representatives shall agree on an arbitrator, and if they are unable to agree on an arbitrator within a reasonable time, either party may request the Federal Mediation and Conciliation Service to submit to them a list of seven (7) arbitrators who have had experience in the public sector.  The parties shall, within ten (10) calendar days of the receipt of said list, select the arbitrator by alternately striking names from said list until one name remains.  Such person shall then become the arbitrator.  The arbitrator so selected shall hold a hearing as expeditiously as possible at a time and place convenient to the parties, and shall be bound by the following:

 

The arbitrator shall neither add to, detract from nor modify the language of the Memorandum or of departmental rules and regulations in considering any issue properly before him.

 

The arbitrator shall expressly confine himself to the precise issues submitted to him and shall have no authority to consider any other issue not so submitted to him.

 

            The arbitrator shall be bound by applicable State and City Law.

 

The arbitrator shall submit his findings and advisory recommendations to the Grievant and the City Manager, or their designated representatives.  The costs of the arbitrator and any other mutually incurred costs shall be borne equally by the parties.

 

Step IV

 

The City Manager shall, within ten (10) calendar days of the receipt of the Grievance Committee's or arbitrator's written findings and recommendations, make the final determination of the grievance and submit it in writing to the Grievant and his designated representative.

 

 

D. Union Grievance

 

The

Union

may, in its own name, file a grievance that alleges violation by the City of the rights accorded to the

Union

or unit employee by the specific terms of this Memorandum.  The

Union

shall file such grievance at Step II of the Procedure. 

 

 E. Group Grievance

 

When more than one unit member claims the same violation of the same rights allegedly accorded by this Memorandum, and such claims arise at substantially the same time and out of the same circumstances, a single group grievance may be filed in the name of all such members.  Such group grievance shall be filed at the Step of this Procedure which provides the lowest level of common supervision having authority over all named Grievant’s.  Each unit member that is a party Grievant must be named and must sign such group grievance.

 

F. Time Limits

 

If the City fails to answer a grievance within the time limits specified in Section 2-1(C), it shall be deemed to have been denied and may be appealed to the next step under the Article.  If the Grievant or the

Union

fail to comply with said time limits, the grievance shall be deemed to have been withdrawn without prejudice.  The parties may extend time limits by mutual written agreement in advance.

 

 

G. Notice to

Union

of Grievance Resolution

 

The City will put the

Union

on notice of proposed final resolutions of grievances where the

Union

has not been designated as the Grievant’s representative for the purpose of allowing the

Union

to ascertain that a final resolution will not be contrary to the terms of this Memorandum.

 

The City will ensure that a copy of every M.O.U. grievance filed by a unit member, including the response from management, is forwarded to the

Union

at each step of the process.

 

H.        The City will not discriminate against employees because of their exercise of rights granted by this Article.

 

 

I.          Employer grievances, should they occur as a result of Official Union activities or actions, including the failure to act as required under this agreement, will be presented directly to the Union president or any officer of the Union within ten (10) days of the occurrence prompting the grievance, or within ten (10) days of the date upon which the employer became aware of the situation prompting the grievance.  The President, or his designee shall in each case provide a written answer within ten (10) days from receipt of the grievance.

 

Unresolved employer grievances may be submitted to arbitration pursuant to Step IV herein, provided that the employer shall bear the costs of the services of the arbitrator.

 

J.         It is understood concerning the administration of this grievance procedure in the Municipal Court, specifically Steps III and IV that the designated "Department Head" is the Executive Court Administrator, and the "City Manager's Office" or "City Manager" shall mean the Presiding Judge, or his designee as provided in the procedure.

 

K.        Within six (6) months after the Personnel Department implementation of the City's new Human Resources management system, or six (6) months prior to the expiration of this M.O.U., whichever comes first, the union shall be an active participant with the City in the design of a new grievance form.

 

L.         The City will be responsible for notifying the Grievant of any grievance meeting and will send by certified mail, to the Grievant’s home address, the date, time, and place of any grievance committee hearing.  If a City representative or if the Grievant does not appear at the Grievance Committee hearing, the party not appearing shall lose the grievance.

 

M.      Arbitration

 

1)         Independent Arbitrator:

 

Any unit member who is a classified employee having completed the prescribed probationary period who has received a disciplinary demotion, suspension, or discharge, and has a right to appeal that disciplinary action pursuant to the Personnel Rules, may under the provisions of this article request the Civil Service Board appoint as a hearing officer an independent arbitrator selected pursuant to the procedures described in Section 3 below.

 

 

2)         Appeal:

 

The

Union

, on behalf of the member, may request the selection of an independent arbitrator as the hearing officer for a Civil Service Board appeal of a disciplinary action.  Such request must be made within fourteen (14) calendar days after the date of service of notice of the order of suspension, demotion, or dismissal on him personally, or twenty-one (21) calendar days from the date of mailing by certified mail the notice of the order of suspension, demotion or dismissal.  The request must be in writing and must state specific allegations in the discipline notice with which the employee disagrees. The request must be personally delivered to the Board or deposited in the United States mail, certified return receipt requested, postage prepaid, addressed to the office of the Civil Service Board, within the above-stated time.

 

The

Union

on behalf of the employee will also immediately thereafter file copies thereof with the complainant department head and the City Attorney.  At the time the

Union

files the request for hearing, it shall set forth whether the hearing will be public or private.

 

3)         Selection of Arbitrator:

 

Once an independent arbitrator is requested for a hearing, the Labor Relations Administrator or his designated representative on behalf of the City and the Union president or his designated representative on behalf of the member will agree on an independent arbitrator within ten (10) calendar days after approval and appointment by the Board of the appeal request.  If an agreement on an independent arbitrator cannot be reached within said ten (10) calendar days, either party may request that the Federal Mediation and Conciliation Service (FMCS) or the American Arbitration Association (AAA) provide a list with the names of seven (7) arbitrators with public sector experience.  In requesting such lists, the parties will stipulate that arbitrators should be from within

Arizona

.

 

The parties will, within seven (7) calendar days of the receipt of the list, select the arbitrator by striking names alternately until one name remains.  The remaining name will be designated as the independent arbitrator appointed by the Civil Service Board as the hearing officer for the appeal.  The parties will jointly communicate with the chosen arbitrator to advise him of the appointment.

 

In the event that the chosen arbitrator is unable to accept the appointment as hearing officer, the parties will either select another independent arbitrator from a new list in the same manner as described above, or if mutually agreeable select another arbitrator from the original list.  The independent arbitrator chosen will be designated as the hearing officer appointed by the Civil Service Board for the appeal.

 

4)         Time for Hearing:

 

When possible, the hearing date will be set within thirty (30) calendar days from the request.  Delays may be granted by mutual agreement of the parties.  However, any such delay occurring at the request of the Union, will automatically be excluded from any calculations of back pay to the employees, if any, as determined by the Civil Service Board.

 

 

5)         Hearing Procedures:

 

The hearing procedures will be the same as the procedures set forth in Rule 22d, Personnel Rules of the City of Phoenix.  In the conduct of the hearing, the hearing officer will not be bound by the technical rules of evidence, nor will informality in any of the proceedings or in the manner of taking testimony invalidate any order, decision, rule or regulation made or approved by the Civil Service Board.

 

 

6)         Witnesses:

 

An employee appellant, or an employee subpoenaed as a witness, will be granted a leave of absence from his/her regularly assigned duties during his/her regularly assigned work hours without loss of pay for the time.

 

At the request of either party, the arbitrator will order that any witness who will testify during the hearing be excluded from the hearing room until such time as they testify.  The City and the

Union

may exclude from the operation of this provision one representative each of the City and the local

Union

.

 

7)         Proposed Findings:  Objections to Report:

 

Either party may file with the hearing officer written proposed findings of fact and conclusions within seven (7) calendar days of the conclusion of the hearing.  A copy of such proposed findings and conclusions will be served on the other party at the same time as filing with the hearing officer.

 

No later than two (2) calendar days before the Civil Service Board meeting where the appeal has been scheduled for hearing either party may file with the Civil Service Board written objections to the hearing officer’s report.  A copy of such objections will be served on the other party at the same time as filing with the Civil Service Board.  No post-hearing evidence will be submitted.

 

8)         Requirements:

 

The independent arbitrator selected by the parties pursuant to this article will be bound by the following:

 

The independent arbitrator will neither add to, detract from, nor modify the language of this Memorandum of Understanding.

 

The independent arbitrator will be expressly confined to the precise issues submitted and will have no authority to consider any other issue.

 

The independent arbitrator will be bound by applicable Federal, State, and City laws.

 

 

9)         Report:

 

Within two (2) weeks of the conclusion of the hearing, the hearing officer/arbitrator will forward all records and his report containing a statement of the findings of fact, conclusions, and recommendations concerning the appeal to the Civil Service Board and send a copy of the report to the parties.  The hearing officer/arbitrator may recommend to the Civil Service Board, the discipline be upheld or modified, or rescinded pursuant to Personnel Rule 22 (e).

 

10)      Costs:

 

The cost of the independent arbitrator and other costs related to obtaining said arbitrator will be borne equally by the parties.  Each party will be responsible for its own costs incurred in the hearing process, including but not limited to costs for legal services, service of subpoenas, and expert witnesses.

 

11)      Civil Service Board:

 

It is expressly understood that this article will not impinge on the powers and duties of the Civil Service Board as provided for in Section 3 of Chapter XXV, Phoenix City Charter and Rule 22, Personnel Rules of the City of

Phoenix

.

 

12)      Representation:

 

The parties agree that for the purpose of this article, the City will be represented by the Labor Relations Administrator for the City of

Phoenix

or his designee and the member will be represented by the President of AFSCME Local 2960 or his designee.

 

Section 2-2: Labor-Management Committee

 

It is understood by the parties that the benefits granted by this Article shall not be interpreted or applied as requiring the employer to count as time worked, any hours or fractions of hours spent outside the employee's work shift in pursuit of benefits provided by this Article.  The employer shall count as time worked any hours or fractions of hours spent within the employee's regular work shift in pursuit of benefits provided by this Article.

 

There shall be a Labor‑Management Committee consisting of a maximum of six (6) representatives of the

Union

and five (5) representatives of the City in addition to the Labor Relations Administrator who shall be Chairman. The purpose of the Committee is to facilitate improved labor‑management relationships by providing aninformal forum for the free discussion of mutual concerns and problems.

 

The Committee shall meet no more than six (6) times per MOU year, or more often by mutual agreement, at mutually agreed upon times.

 

The members shall, upon request for a meeting, provide the Chairman with proposed agenda items and the Chairman shall provide the members with the meeting agenda in advance of the meeting.

 

Any signed/dated written Labor/Management agreements with the signatures of the parties and the Chairman will be binding on the parties for the remaining term of the MOU.

 

Representatives of the

Union

on the Committee who are employees shall not lose pay or benefits for meetings mutually scheduled during their duty time up to a maximum of four (4) hours per employee per meeting.

 

Within six months of

July 4, 2006

Labor Management meetings will be held to discuss the following issues:

 

                        Notice of Inquiry

                        Purging of department files

                        Pay out of accrued sick leave

                        Donation of accumulated sick leave

                        APCO

FMLA - Prior to the City changing any FMLA administrative practices, the City will meet with the

Union

to discuss these changes and consider the Unions input.

                        Light Duty

                        AWR

                        Make up of tardies

                        On call during lunch period

Section 2-3: Notification

 

A.        The

Union

shall be advised during the term of this Memorandum of management recommendations for contracting of work presently being performed by unit members which would directly result in a reduction in the number of permanent unit positions during the term of this agreement. The

Union

may request an opportunity to discuss these recommendations in the Labor Management Committee prior to any final recommendation to the City Council. Failure by the City to notify the

Union

under this Article may by subject to the grievance procedure (Article 2, Section 2-1)of this Memorandum.

 

 

B.        The Management recommendations and final decision thereon by the City shall not be subject to the grievance procedure (Article 2, Section 2-1)of this Memorandum.

 

Section 2-4: Health and Safety Committee

 

It is understood by the parties that the benefits granted by this Article shall not be interpreted or applied as requiring the employer to count as time worked, any hours or fractions of hours spent outside the employee's work shift in pursuit of benefits provided by this Article.  The employer shall count as time worked any hours or fractions of hours spent within the employee's regular work shift in pursuit of benefits provided by this Article.

 

The City will continue to undertake all reasonable efforts to provide for employee health and safety in accordance with the State's Occupational Safety and Health law.

 

A Unit employee may file, without fear of discipline, retaliation or discrimination, a grievance when in his best judgment; the City has failed to comply with specific safety and health standards promulgated by local, state and federal regulations.  The City will continue its practice of providing personal protective safety equipment to employees to protect them from recognized safety and health hazards.

 

In order to facilitate this policy, a joint committee entitled, "Health and Safety Committee" shall be established.  This Committee shall be composed of two (2) unit members appointed by the

Union

and two (2) City representatives as designated by the City Manager.  The chairpersons shall rotate among the members.

 

The Committee shall meet quarterly at mutually scheduled times to consider on‑the‑job safety matters referred to it by the existing departmental safety committees and safety officers, or otherwise coming to its attention, and shall advise Department Heads and the City Manager concerning on‑the‑job safety and health matters.

 

All written recommendations of the Committee shall be submitted to the Department Head concerned and to the City Manager.

 

In the discharge of its function, the Committee shall be guided by the applicable regulations of the State's OSHA agency, and the City's existing practices and rules relating to safety and health, and formulate suggested changes.

 

The

Union

may review and suggest improvements to existing City building evacuation plans and the City Safety Program.

 

Employee members of the Committee shall not lose pay or benefits for meetings mutually scheduled during their duty time up to a maximum of four (4) hours per employee per meeting.

 

ARTICLE 3: Compensation/Wages

 

Section 3-1: Wages

 

A. The total compensation for 2008-2009 will be 1.8% and will be allocated as follows:

 

First, the combined changes in health, dental and life insurance result in a change of .3% in total compensation. This amount continues the $150 monthly allowance for Post Employment Health Plan accounts (PEHP) for all qualifying employees eligible to retire after

August 1, 2022

. (The date of an individual’s retirement eligibility was determined on

August 1, 2007

).

 

Second, the existing death in line of duty insurance policy benefit increases from $30,000 to $75,000.

 

Third, increase the maximum annual longevity paid to unit members who have completed more than 20 years of service from $5,000 to $6,000 per year.

 

Fourth, changes to the uniform allowance as follows:

• Increase the uniform allowance for Fire Prevention Specialists and Fire Prevention Specialist Trainee job classifications to $725 per annum, from $645.

• Include Police Assistants and Municipal Security Guards in Police Transit in the one time $200 winter uniform jacket allowance.

• Provide no less than 80% of the full uniform allowance to part-time Municipal Security Guards in the Library Department.

 

Fifth, effective

January 1, 2009

, $6 per month, per employee (based on 3043 full-time employees) will be contributed to the union to establish a life/long term care insurance program administered by the union.

 

Sixth, union release hours will increase by 275 hours and increase over time hours for the president by 48 hours and full-time release positions by 40 hours.

 

Finally, an across the board wage increase of 1.7%

 

B. The total compensation for 2009-2010 will be 2.3% and will be allocated as follows:

 

First, the unit will be charged no more than the current estimate of .3% in total compensation for health, dental and life insurance cost increases. The actual increases will be converted to a total compensation equivalent, assuming continuation of already agreed to cost-sharing, and will be calculated in the way it has been historically. This calculation will occur once the recommendations of the Health Care Task Force are approved, and will continue the $150 monthly allowance for Post Employment Health Plan Accounts (PEHP) for all qualifying employees eligible to retire after August 1, 2022. (The date of an individual’s retirement eligibility was determined on

August 1, 2007

). If the actual total compensation equivalent is less than .3%, then the second year wage increase described above will be adjusted upward. In no event will a unit member receive less than a 2.05% base wage increase on July 13, 2009.

 

Second, unit members retiring on or after

July 1, 2009

and choosing either single or family City health insurance will receive an additional $100 in Medical Expense Reimbursement Plan (MERP) per month until age 65.

 

Third, semi-annual longevity payments for unit employees with up to nineteen (19) years of service will increase from $96.25 to $100 per qualifying year.

 

Fourth, union release hours will increase by 525 hours.

 

Finally, unit members will receive a 2.05% across the board wage increase effective

July 13, 2009

.

 

C.        It is understood that for implementation purposes, the practice of rounding of fractional cents shall be done in accordance with accepted mathematical and accounting principles.

 

D.        Notwithstanding the rates of pay set forth in any appendix or attachment to the agreement for reference, the term "pay schedule" shall mean the schedule computed and published by the Personnel Department for payroll purposes pursuant to Council action in the pay and compensation ordinance.

 

E.        If fiscal year 2008-2009 General Fund revenue growth over the prior 2007-2008 fiscal year, as described in Attachment “B”, is 7.5 % or more an additional across the board wage increase of 0.5% will be effective on the pay period beginning

October 19, 2009

.

 

If fiscal year 2008-2009 General Fund revenue growth over the prior year 2007-2008 fiscal year as described in Attachment “B” is 10.5% or more an additional across-the-board wage increase of 1.0 % will be effective on the pay period beginning

October 19, 2009

.

 

By

September 14, 2009

, a report will be submitted to the City Manager by the Budget and Research Director detailing 2008-2009 actual General Fund revenues. This report shall provide revenue amounts and rates of growth over the prior 2007-2008 year. This report shall be used to determine, if any, additional wage increase is due.

 

F. Longevity Pay

 

In recognition of continuous service and overall performance, the City agrees to implement effective January 1987, the following Longevity‑Performance pay formula for unit members:

 

            1)         Pay Benefits:

 

On June 30, 2008 (paid July 18, 2008) and November 17, 2008 (paid December 5, 2008), unit members who have completed at least six years (6) but no more than nineteen (19) years of continuous full‑time service and who meet the additional qualifications specified in this section shall qualify for ninety-six dollars and twenty five cents ($96.25) for the completion of each year of continuous full‑time service in excess of five (5) years.

 

On June 30, 2008 (paid July 18, 2008) and November 17, 2008 (paid December 5, 2008) and June 29, 2009 (paid July 17, 2009) and November 16, 2009 (paid December 4, 2009), unit employees who have completed twenty (20) years or more of continuous full-time service and who meet the additional qualifications specified in this section shall qualify for one hundred twenty five dollars ($125) for the completion of each year of continuous full time service in excess of five years, up to an annual maximum of $6,000 at the completion of twenty-nine (29) years of continuous full time service.

 

Effective the second year of this M.O.U., On June 29, 2009 (paid July 17, 2009) and November 16, 2009 (paid December 4, 2009),  unit members who have completed at least six years (6) but no more than nineteen (19) years of continuous full‑time service and who meet the additional qualifications specified in this section shall qualify for one hundred ($100) for the completion of each year of continuous full‑time service in excess of five (5) years, up to an annual maximum of $2,800 at the completion of nineteen (19) years of continuous full time service.

 

            2)         Qualifications:

 

                        a)         An employee must have completed at least one year of continuous full‑time service at the top step in his pay range.  Qualifications for longevity pay are made in the base class and will not be affected by movement into or out of assignment positions.  Longevity will not be affected by movements to positions within the same pay range.

 

When a position is reclassified to a higher classification, or when a classification is assigned to a higher pay range, incumbents who are receiving longevity pay shall be moved to that step of the new range which corresponds the closest to their combined base pay and previous longevity amount (incumbent’s last semi-annual payment times two), and which does not result in a decrease from that combined amount.  The placement in the new range will be limited to the maximum step in the range.  If the reclassification or pay range change only results in a maximum possible one-range increase, and the incumbent is receiving longevity pay, he/she will be moved to the top step and continue to be eligible for longevity pay.

 

                        b)         An employee must have completed six (6) years of continuous full‑time service.

 

                        c)         An employee must have achieved the overall performance rating of "meets standards" or better on his latest scheduled performance evaluation on file in the Personnel Department.

 

                        d)         An employee must be on full time active status.  Employees on industrial leave shall qualify for this payment for only the first year of the industrial leave.  However, the entire period of industrial leave shall qualify as continuous service when the employee returns to active employment.

 

 

                        e)         For those employees who are otherwise eligible for longevity, an employee who receives a below “meets standards” evaluation shall receive another evaluation within ninety (90) days to one hundred twenty (120) days, and if that evaluation is “meets standards” or better, he will be eligible to receive the next scheduled longevity payment.

 

            3)         Terms of Payment:

 

                        a)         Payments will be made within thirty (30) days of the qualifying date.

 

                        b)         Employees who separate from City employment after the qualifying date, but prior to the payment day, shall receive the payment in their termination check.

 

                        c)         The longevity payment will be included in the regular paycheck instead of being paid in a separate warrant.

G. Linguistic Pay

 

This provision is written to provide guidelines for paying Unit 3 members who are authorized, certified, and required by management to utilize a language other than English to conduct official City business.

 

            1) Pay Benefits:

 

Effective

July 5, 2004

, a unit member who meets the linguistic skills qualification as determined by a management review panel and becomes certified shall be paid a premium of fifty dollars ($50) per month.

 

Section 3-2: Overtime

 

A.        Overtime is defined as time assigned and worked beyond the regularly scheduled work week or daily work shift; it being understood that overtime for all unit members who normally work a daily work shift of eight (8) consecutive hours, including a paid meal period on the job, is defined as time assigned and worked in excess of forty (40) hours in a seven (7) day work period or eight (8) hours per daily shift including paid meal breaks.

 

Overtime for unit members assigned to a 4/10 work week schedule is defined as time assigned and worked beyond the regularly scheduled ten (10) hours per shift or forty (40) hours per week.

 

There will be a minimum of twelve (12) hours off between shifts for unit members working a 4/10 and 5/8 schedules.  If this is not possible, the unit member will receive overtime compensation at his regular rate of pay for each full hour worked within the described twelve (12) hour period for a 4/10 or 5/8 schedule. 

 

This language only applies to employees who work two (2) full shifts.  If an employee works less than a full shift either before or after his/her regular shift, the twelve (12) hour rule does not apply.

 

 

B.        Duly authorized paid leave time shall be considered as time worked for the purposes of calculating premium overtime pay during the regularly scheduled work week (but not daily workshift).

 

C.        Overtime work shall be compensated at one and one‑half (1 1/2) times the regular rate, or compensatory time at one and one‑half (1 1/2) times up to a maximum accumulation of one hundred ninety -five (195) hours of compensatory time, exclusive of any premium or bonus pay.  Authorized overtime hours worked in excess of one hundred ninety-five (195) hours shall be paid in cash.  There shall be no compounding or pyramiding of overtime pay with regular or premium pay.  Effective

July 1, 2009

, increase one hundred ninety -five (195) to two hundred (200).

 

Requests for use of compensatory time shall be subject to approval of supervision based upon operational and scheduling factors.  Guidelines for administration of compensatory time or cash payment of overtime are contained in this Memorandum of Understanding in Attachment "B."

 

A unit member may convert accumulated compensatory time credits to cash, up to a maximum of one hundred and twenty (120) hours in no more than two, sixty (60) hour increments, by notifying the Department Head in writing of such intent no later than November 1 (payment will be made on or before December 15) and no later than July 31 (payment will be made on or before August 31).  Those departments previously observing more frequent conversion and payment during a calendar year, pursuant to written authorization from the City Manager's office, may continue to do so during the term of this agreement.  Payment can be made in a separate warrant if requested by the employee.

D. Call-Out Pay

 

An employee shall have a minimum of three (3) hours pay at overtime rates when called out for work after leaving City facilities at a time other than his regularly assigned shift, or when he is called out for overtime work while on stand‑by pay.

 

Overtime for this call‑out shall begin when employees report to the place where they are instructed to report and shall terminate forty‑five (45) minutes after being relieved from duty.  This forty‑five (45) minutes travel time shall be included in the minimum guarantee and shall be paid only if the total work and allowed travel time exceed the minimum.  Where employees are assigned take‑home transportation, they will not be allowed the forty‑five (45) minutes travel time.  Travel time shall not apply when the employee is working on overtime which was planned in advance.  An employee requested to report early, before the normal starting time of the shift, shall not be eligible for travel time, but would qualify for overtime for the extra hours.

 

Provisions of this section shall be interpreted in a manner which complies with the Fair Labor Standards Act.

 

At times when employees are required to work scheduled overtime, they will receive a minimum of three hours, at 1 1/2 (time and one half), providing said overtime is not immediately preceding or following his regular work hours.

 

E.        Cash compensation for all overtime will be at one and one‑half (1 1/2) times the regular rate after the first seven (7) minutes assigned and worked beyond the end of an employee's regularly scheduled shift, calculated to the nearest quarter hour.  There shall be no compounding or pyramiding of overtime pay with other regular or premium pay except as required under Fair Labor Standards Act.

 

F.         Off Duty Physician Appointments

 

When, at the direction of the immediate non‑unit supervisor, unit members being treated by the authorized and designated City physician at times they are not scheduled to be on duty nor are on paid leave or disability benefit status, shall be entitled to overtime compensation in accordance with Article 3 hereof.  This compensation shall be at a minimum of one hour or based on actual check‑in and check‑out time recorded by health center staff.

 

G.        Overtime shall be worked and shall be allowed if assigned by the non‑unit supervisor or other authorized representative of the City.  The City shall endeavor to be equitable in the distribution of voluntary overtime amongst qualified employees or crews of employees within the same classification, function, work location, and shift.  Seniority may be used as a factor in determining the assignment of overtime work.  Other factors include work history, skill level, assigned equipment, etc.  The City will make available to the

Union

, upon request, reports of overtime worked by unit members on a quarterly basis.  Overtime shall be voluntary, except however, the City reserves the right to assign overtime in the event insufficient employees volunteer, or to avoid inadequate staffing, or to insure timely service delivery, or to conduct mandatory training.

 

When a unit member is off duty or on leave and is contacted by telephone by his supervisor for purposes other than callout or a supervisor approves of the making or receiving of the call, the unit member will be paid at time and one-half his regular rate of pay for each quarter hour calculated to the nearest quarter hour (over seven (7) minutes goes to the next quarter hour).  There will be no compensation for calls under seven (7) minutes.

 

A unit member has the option of donating accrued vacation or compensatory time to another City employee in accordance with Personnel Department Letter 100.

 

Section 3-3: Out-of-Class Pay

 

A unit member who is temporarily required to serve in a regular authorized position in a higher classification shall be compensated at a higher rate of pay in accordance with the following:

 

To be eligible for the additional compensation, the unit member must first accumulate ten (10) regular working shifts of assignment in the higher class within any twenty‑four (24) month period; satisfactory performance during a previous appointment to the higher class will be credited to the qualifying period.  The days of out‑of‑class assignment need not necessarily be consecutive.  Once this qualification is satisfied, no additional re-qualification will be required.  The unit member must be specifically designated in writing to perform out-of-class duties.

 

Temporary assignments out‑of‑class shall be recorded only in full shift units.  A unit employee working out‑of‑class for six (6) hours or more in a given shift shall be credited with working out‑of‑class for the entire shift.  No out‑of‑class credit shall be given for out‑of‑class work of less than six (6) hours in any given shift.

 

To qualify for out‑of‑class pay, a unit member must be assuming substantially the full range of duties and responsibilities of the higher level position.  Out‑of‑class pay is not authorized, for example, if the organization of a work unit is such that each unit member carries on his normal duties during the temporary absence of a supervisor, without a need for the direction which the supervisor would provide on a longer term basis

 

Time worked in a higher class shall not earn credits toward the completion of probationary requirements in the higher class.

 

When authorized, time worked out-of-class may earn experience requirements in lieu of existing experience requirements for promotion to those classifications where such out-of-class work was performed in a certified position.

 

A unit member who has qualified under these provisions shall be compensated at the minimum rate established for the higher class for each completed work shift served in the higher class.  In the event of overlapping salary ranges, a one‑step differential shall be paid for out‑of‑class assignments.  The higher rate of pay shall be used in computing overtime when authorized overtime is served in out‑of‑class work assignments; the overtime rate shall be the rate established by the overtime regulations that apply to the higher rank.

 

The City shall not make out‑of‑class assignments pursuant to this Article in an arbitrary and capricious manner.

 

Section 3-4: Sick Leave Conversion at Retirement

 

A unit member who has accumulated a minimum of seven hundred and fifty (750) qualifying hours or more of accrued and unused sick leave at the time of a duty related retirement shall be eligible for payment of an amount of compensation equal to twenty five (25%) of his base hourly rate for all hours in excess of two hundred and fifty (250) hours.

 

Section 3-5: Shift Differential Pay

 

Unit members shall receive sixty cents ($.60) per hour in addition to their hourly rate of pay when working a night shift which ends at or after 10:00 p.m. (9:00 p.m. in the Library Division) and before midnight, and eighty cents ($.80) per hour in addition to their hourly rate of pay when working a night shift which includes work during the period after midnight to 3:00 a.m.

 

Employees shall receive night shift pay differential only for hours scheduled and worked, and not while on paid leave time.  If an employee works a 2nd or 3rd shift for six (6) hours or more, they will receive a shift differential.

 

Employees participating in a 4/10 work schedule shall receive sixty cents ($.60) per hour in addition to their hourly rate of pay when working a night shift which ends between 10:00 p.m. and 3:00 a.m., inclusive; and eighty cents ($.80) per hour in addition to their hourly rate of pay when working a regular night shift which ends after 3:00 a.m.

 

Section 3-6: Stand-By Pay

 

When a unit member is required to be available for immediate emergency call‑back at times when the member is not otherwise on duty, the member shall be compensated for such stand‑by hours at three dollars ($3.00) per hour.  Members serving in stand‑by assignments shall be subject to contact requirements as provided for by the Department Head.

 

Section 3-7: Show-up Time

 

Except in emergencies, an employee who is scheduled to report for work, has not been notified to the contrary, and presents himself for work as scheduled, shall be paid for at least four (4) hours at the hourly or applicable rate of pay.  If work on the employee's regular job is not available for reasons beyond his control, the City may, at the City's discretion, assign the employee substitute work.

 

Employees who start work and are later compelled to stop because of inclement weather or other conditions beyond their control shall be paid for the hours they work, but they shall be paid for not less than four (4) hours at the straight time rate.

 

Employees released hereunder prior to the end of their regular shift may be required to stand‑by and keep themselves available for immediate call‑back during the balance of their regular shift (for which time they shall be entitled to stand‑by pay under Article 3, section 3-6, "STAND‑BY PAY" hereof).  An employee may request the use of any accrued leave time, exclusive of sick leave, to cover the balance of his regular scheduled work shift.  Employees called back to work shall be entitled to their hourly rate of pay for the balance of their regularly scheduled shift.

 

Section 3-8: Jury Duty Pay

 

Pursuant to A.R. 2.24, as amended, a unit member called for jury duty or subpoenaed by a court as a witness shall be granted a leave of absence from municipal duties without loss of pay for the time actually required for such service and may retain jury or witness pay, except where such testimony or witness duty is the result of a unit member's official duties as a City employee.

 

To be eligible for paid leave for jury or witness duty, an employee must present verification of his call to jury duty or witness duty.

 

Paid witness leave shall not be allowed when the unit member is the defendant, plaintiff or voluntary character witness in a court action.

 

Subject to operational and scheduling needs, unit members whose regular work shift is worked after

5 p.m.

and prior to

8 a.m.

may be allowed by management to be assigned to the day shift during the period of jury duty service.  The member will be responsible to notify their supervisor as soon as they are notified for jury duty by a court.

 

            Call Out Pay for Court Time:

 

When, as a result of his official duties, a Unit member is required to appear as a witness at a time that the employee is not otherwise on duty, the employee will receive a minimum of three (3) hours pay at time and one-half (1 ½) his regular rate of pay, except that an employee shall not be eligible for additional compensation during that three (3) hour period.

 

            Court Time Stand-By:

 

When a Police Department Assistant or Commercial Vehicle Inspector receives a subpoena or other notice requiring him to stand-by to appear in court to testify concerning the performance of his official duties at a time other than his regularly scheduled shift, he shall be compensated the greater of either twenty-five dollars ($25.00) per day for each day the subject court proceeding is in session and the Unit member is subject to call, or in accordance with the current provisions of the Fair Labor Standards Act for the term of this agreement or for so long as the Act is applicable.

 

Section 3-9: Deferred Compensation Program

 

The City shall continue to contribute 0.1% of each Unit member’s monthly base wages to the City Deferred Compensation Plan.