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Res 1937 - AFSCME AgreementCOUNCIL BILL NO. 2786 RESOLUTION NO. 1937 A RESOLUTION AUTHORIZING EXECUTION OF A COLLECTIVE BARGAINING AGREEMENT WITH AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 642 EFFECTIVE JULY 1, 2009 THROUGH JUNE 30, 2012. WHEREAS, the purpose of said labor negotiations is to reach an agreement on matters relating to wages, hours working conditions, and fringe benefits for certain represented employees, and WHEREAS, the City and AFSCME have bargained in good faith and understanding of the personnel, financial, and organizational impacts related to said agreement, NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn execute and administer a "Collective Bargaining Agreement" with the AFSCME Local 642 which is attached hereto. Section 2. That a copy of said Agreement is affixed to this Resolution as Attachment "A" and is by this reference incorporated herein. Section 3. That the Mayor and City Administrator of the City of Woodburn are hereby authorized to sign said Agreement on behalf of the City. Approved as to Form: City Attor�� s Page 1 - Council Bill No. 2786 Resolution No. 1937 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Mary Ten ant City Recorder City of Woodburn, Oregon Page 1 - Council Bill No. 2786 Resolution No. 1937 June 8, 2009 June 10, 2009 June 10, 2009 June 10, 2009 PREAMBLE This Agreement is entered into between the City of Woodburn, Oregon, hereinafter referred to as the City, and the City of Woodburn Local 642, American Federation of State, County, and Municipal Employees AFL-CIO, hereinafter referred to as the Union. The purpose of this Agreement is to set forth the entire Agreement between the parties on matters relating to wages, hours, working conditions, and fringe benefits. Page 1 - Agreement between City of Woodburn and AFSCME ARTICLE I - RECOGNITION 1.1 INCLUDED POSITIONS: The City recognizes the Union as the sole and exclusive bargaining agent for full-time and part-time (regularly scheduled to work 20 hours per week or more) employees in the bargaining unit with respect to matters relating to wages, hours, and working conditions. Appendix A, attached hereto and by reference incorporated herein, is a listing of all bargaining unit employees. Supervisory employees and confidential employees as governed by State statute, irregular part-time employees regularly scheduled to work less than twenty (20) hours per week (except in circumstances that they must replace full-time and part-time employees on a temporary basis), seasonal and special projects employees, who shall not be employed by the City for more than nine (9) months in any calendar year, and persons hired for a limited period of time for training funded in whole or in part, by the state, federal, or other governmental unit are specifically excluded. 1.2 NEW POSITIONS: In the event the City creates a new classification or revises a current classification that would place the classification in the bargaining unit, the Union will be notified of such classification before any employees are hired in such new classification. If the Union disagrees with the proposed salary range, the Union shall notify the City within fifteen (15) days in writing if it wishes to discuss the wage or other conditions of employment for the classification, and an additional fifteen (15) days in which to commence discussion on the issue. If the parties are not in agreement over the proposed salary range or other issues, the City may fill the position with its proposed salary rate serving as a provisional salary Page 2 - Agreement between City of Woodburn and AFSCME rate until the above-described discussions have resulted in an agreement on the issue. If the parties subsequently agree upon a salary rate that is different than the initial City -proposed rate, such agreed-upon rate shall be retroactive to the date that the position was filled. Page 3 - Agreement between City of Woodburn and AFSCME ARTICLE 2 - UNION RIGHTS 2.1 FAIR SHARE: 1. The City agrees to deduct the uniformly required Union membership dues and other authorized fees or assessments once each month from the pay of those employees who have authorized such deductions in writing. Except as provided in the following, an amount equal to the prorata share of the bona fide cost to the Union of representation of the unit, as certified by the Union to the City, the fair share amount will be deducted from the pay of employees in the bargaining unit who have not provided the City with such authorization, with such amount to be deducted thirty (30) days after their date of hire. Such fair share amount shall not exceed the amount of Union dues. The amounts so deducted, both fair share and Union dues, shall be remitted on a monthly basis. The aggregate deductions of all employees shall be remitted by Automatic Clearing House (ACH) transfer if requested by the AFSCME, together with an itemized statement, to the AFSCME by the 10th day of the succeeding month after such deductions are made. Such itemized statement shall also include a list of the employees subject to the deduction. The City agrees to deliver all notices through its internal routing system to fair share payers when requested by the union to do so. Said notices will be delivered to the City, addressed to each individual fair share payer. 2. The provisions of Section 1 hereof shall not apply if an employee objects in Page 4 - Agreement between City of Woodburn and AFSCME writing to the City, based on such employee's membership in a bona fide church or religious group whose tenets or teachings are contrary to such payment. The City will provide the Union with a copy of any such letter within five (5) days of its receipt. In such instances, the employee shall authorize a deduction from his or her pay which is equal to the fair share amount. Such payroll deduction shall be in addition to any previously established deduction and shall be for the United Fund or other mutually satisfactory charitable organization as agreed to between the employee and the Union. 3. For the purpose of calculating months to determine the beginning or end of the payroll deductions called for in Sections 1 or 2 of this Article, dues or like amounts shall be deducted for any calendar month during which the employee works ten (10) days or more. 4. The Union will indemnify, defend and hold the City harmless against any claim made and against any suit instituted against the City as a result of any City action taken pursuant to the provisions of this Article. The Union and the City each agree to reimburse any monies paid or not paid in error within thirty (30) days of notification of such error. 2.2 BUSINESS REPRESENTATIVES: Upon reasonable notice and proper introduction, official Union representatives may be allowed access to work areas. Such visits shall be confined to rest periods and lunch periods. At no time shall visits cause an interruption of work. The Union shall provide the City with an updated list of authorized representatives, who shall number no more than two at any one time. Page 5 - Agreement between City of Woodburn and AFSCME 2.3 STEWARDS: The Union shall appoint four stewards, one of whom shall serve as Chief Steward. The Union shall provide the City with timely written notification of all steward appointments. All meetings held with City management pursuant to Steps I through IV of the Grievance Procedure (Article 18) hereof, shall include the grievant and/or a union representative of the Union's choosing. Stewards who attend meetings with City representatives pursuant to the above shall suffer no loss of regular pay as a result of such attendance. The City shall, however, be under no obligation to hold such meetings during the paid time of the stewards and other employees attending same. Except as provided above, all time taken off by stewards shall be without pay. It shall be the responsibility of each individual employee to provide reasonable advance notice to his or her immediate supervisor when time away from the job will be required under this section. Union Business Agents may attend meetings held pursuant to any step of the Grievance Procedure, provided the City has received reasonable advance notice of such attendance. 2.4 BULLETIN BOARDS: In accordance with past practice, the Union will be allowed use of adequate space on designated City bulletin boards to post information regarding Union business. Specifically, such notices will include information about time and place of meeting, Page 6 - Agreement between City of Woodburn and AFSCME Union social and charitable activities, and posting of official Union publications. 2.5 CONTRACT RENEWAL: The Union's negotiation team, to be comprised of no more than three on -duty employees, shall be permitted to attend negotiating sessions with the City without loss of their regular pay relative to securing contract renewal; provided, however, that such release from duty time shall not exceed an aggregate of ninety (90) working hours. It shall be the responsibility of each individual employee to provide reasonable advance notice to his or her immediate supervisor when time away from the job will be required under this section. 2.6 CONTRACT PRINTING AND DISTRIBUTION: The City shall, at no cost to the Union, provide the Union with the original copy of this Agreement. The Union shall provide at its cost a copy of this Agreement to each current employee, and the City shall provide at its cost a copy of this Agreement to each employee who is hired during the term of this Agreement. 2.7 The City will provide current home addresses for all bargaining unit employees upon request. Page 7 - Agreement between City of Woodburn and AFSCME ARTICLE 3 - NON-DISCRIMINATION This Agreement shall apply equally to all members of the bargaining unit, regardless of race, creed, color, national origin, religion, marital status, family relationship, sex (includes pregnancy -related conditions), sexual orientation, mental or physical disability, political affiliation, or association with a protected class The Union and the City shall equally share the responsibility for upholding this provision of the Agreement. However, it is recognized that both state and federal law provide the means for resolution of discrimination questions. Therefore, a claimed violation of the provisions of this Article shall not serve as the basis for a claim of a violation of this Agreement. Page 8 - Agreement between City of Woodburn and AFSCME ARTICLE 4 - HOURS OF WORK 4.1 GENERAL PROVISIONS: A full-time employee's work week shall consist of five (5) consecutive work days, not necessarily Monday through Friday, followed by two (2) consecutive days off. A full-time employee's regular workday shall be eight (8) consecutive hours except for an unpaid lunch period. Full-time employees' work schedules showing workdays, shift assignments, and work hours will be posted fourteen (14) days in advance by the City on bulletin boards available to affected employees. Except in an emergency or in such instances that a shift position is vacant due to a circumstance outside the control of the City, such as illness on a temporary basis, established work schedules will not be changed without fourteen (14) days written notice to the affected full-time employees. For the purposes of this Agreement, emergency shall be defined as the performance of City functions or services necessary to protect or reserve the lives, safety, health, or property of the citizens of Woodburn threatened by unusual or unforeseen circumstances. Nothing in this Article or any part of this Agreement shall be construed as a guarantee of hours of work. 4.2 WORK DAY AND WORK SHIFT ROTATION: When a change in the assigned work day schedule or change in shift occurs, the provisions of 4.1 shall not apply. Such rotation shall not normally occur more than once each four weeks. In such instances, overtime shall not be required unless it is required under Article 9 of this Agreement. Page 9 - Agreement between City of Woodburn and AFSCME 4.3 SHIFT ASSIGNMENTS: Excepting probationary employees, who may be assigned to work any shift, the City shall do one of the following within each operational area: 1. Allow employees within a given classification and job assignment to select their shift assignment based upon seniority with the most senior employee to select his or her desired shift first; or 2. Provide for a rotation of shift assignments whereby all employees within a given classification and job assignment serve an equal amount of time on each of the available shifts or work schedules. 4.4 WORK SCHEDULE FLEXIBILITY: It is not the intention of this Article to prevent the City and an individual employee from mutually agreeing to alternative work schedule(s). Such alternative work schedule may be initiated by either the City or an employee(s), but must be reduced to writing before it is implemented. In the event an employee requested flexible work schedule is denied, the employee shall be provided the operational reason for such a refusal by the Department head. Refusals of flexible scheduling by the Department Head are not grievable but may be subject to review by the City Administrator. In all cases, the City reserves any and all management rights related to scheduling employee work hours, or any other rights that may be applicable under this article. An alternative work schedule shall conform to the requirements of the Fair Labor Standards Act but may be at variance with the provisions of 4.1, 4.2, and 4.3 of this Article and may also, notwithstanding the provisions of 9.1, allow an employee to agree to a work schedule that includes more than eight (8) hours of daily work without overtime pay. 4.5 PART-TIME EMPLOYEES: Page 10 - Agreement between City of Woodburn and AFSCME Part-time employees are included under the provisions of this Article as it is applicable to their work assignments. Page 11 - Agreement between City of Woodburn and AFSCME ARTICLE 5 - HOLIDAYS 5.1 HOLIDAYS OBSERVED: Employees shall receive the following paid holidays: New Year's Day Martin Luther King Day Presidents Day Memorial Day Fourth of July Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September November 11 Fourth Thursday in November Friday after the fourth Thursday of November The last half of the shift on December 24 December 25 After completion of six (6) months of continuous service, each employee shall be entitled to one (1) floating holiday with pay during each fiscal year. The floating holiday shall be taken at the option of the employee, subject to the operating requirements of the City operations. Part-time employees shall earn pro rata holiday benefits based on the relationship of their regularly scheduled work week bears to that of a full-time employee. 5.2 HOLIDAY PAY: In order to qualify for holiday pay, an employee must have been employed at least thirty (30) days and must have worked the last scheduled work day before and the Page 12 - Agreement between City of Woodburn and AFSCME first scheduled work day after the holiday or have been on authorized leave with pay. If an employee's scheduled day off falls on such holiday, he or she shall be granted a postponed holiday with pay to be taken at the mutual convenience of the employee and the City. If the employee is on authorized vacation or sick leave with pay when a holiday occurs, such holiday shall not be charged against such leave. Eligible employees shall receive one day's pay for each of the holidays listed above on which they perform no work. Employees required to work on a recognized holiday shall be compensated in cash for all hours worked on the holiday and one - and -one-half times (1-1/2) times the established straight -time rate, in addition to their regular holiday pay. In lieu of holiday premium pay, the city and an employee may agree to an alternative day off with pay. Such agreement shall be in written form and executed prior to the holiday. When a holiday occurs on a day which an employee is regularly scheduled to work more than eight hours (such as for an employee working a four 10 hour day schedule), the employee may chose one of the following options: a. Receive eight (8) hours of holiday pay and charge two (2) hours against any of the employee's accrued leave, except sick leave. b. Receive eight (8) hours of holiday pay and forfeit two (2) hours of pay. c. Change to a work schedule of five 8 -hour days for the entire work week. To select this option, the employee must notify the supervisor at least seven days in advance of the start of the work week and receive the supervisor's approval. Page 13 - Agreement between City of Woodburn and AFSCME d. With the supervisor's approval, work two (2) extra hours during the same work week. These two (2) extra hours will be paid at the employee's regular straight time rate of pay. 5.3 WEEKEND HOLIDAYS: Whenever a holiday falls on Sunday, the following Monday shall be observed as the holiday. Whenever a holiday falls on Saturday, the previous Friday shall be observed as the holiday. Page 14 - Agreement between City of Woodburn and AFSCME ARTICLE 6 - VACATION 6.1 ACCRUAL: Full-time employees shall accrue working days of vacation per calendar year outlined here: Upon completion of probation 40 hours or 5 days Maximum Years of Service Per Month Days per Year Accrual 6 mos through 2 years 07.34 hours 11 176 hours 3 through 4 years 8.00 hours 12 192 hours 5 through 6 10.00 hours 15 240 hours 7 through 9 11.34 hours 17 272 hours 10 through13 years 12 hours 18 288 hours 14 13.34 hours 20 320 hours 15 through 19 14 hours 21 336 hours 20 14.67 hours 22 352 hours 21 15.34 hours 23 368 hours 22 16 hours 24 384 hours 23+ 16.67 hours 25 400 hours Accrued vacation shall be credited as earned vacation for each full calendar month of service, in accordance with the above, except that vacation accrued during the first six (6) months of continuous service shall not be credited as earned vacation until the employee completed the first six (6) months of continuous service. An employee's earned but unused vacation credits shall not be allowed to accumulate beyond double his or her annual accrual rate. In the event that the employee will exceed the cap within the following 90 days, the employer shall notify the employee. The employee shall then have the opportunity to schedule vacation so as not to exceed the cap. Vacations already scheduled and approved shall not be counted against the cap, provided that such scheduled vacation shall be utilized prior to March 30 immediately subsequent the date employee would have otherwise exceeded the cap. The City may initiate a mandatory vacation of Page 15 - Agreement between City of Woodburn and AFSCME sufficient duration to reduce unused vacation below the maximum allowable accumulation. Part-time employees shall earn pro -rata vacation benefits based upon the relationship their regularly schedule workweek bears to that of a full-time employee. 6.2' UTILIZATION: Starting on the 1 st business day of April and for the remainder of the month, the City shall circulate or post within each department or division, as applicable, a sign- up register. Such register shall be posted/circulated to employees in the order of their seniority, beginning with the most senior employee. At the time such vacation sign-up register is posted/circulated, each employee shall have the opportunity to designate one uninterrupted period for vacation within those parts of the upcoming fiscal year when utilization of vacation will be allowed. Following the circulation of the vacation sign-up register, each employee may schedule any remaining accrued vacation on a first -bid basis; that is, the first employee to request vacation for a period when the utilization of vacation is allowed shall, subject to operational needs of the City, be allowed to utilize vacation. The foregoing shall not preclude the possibility of several employees within a given department or division, as applicable, being allowed to take vacation at the same time, nor shall it preclude the possibility of denying requested vacation to an employee or several employees while other employees are allowed to take vacation when such denial of vacation is due to operational requirements that do not uniformly affect all employees in the given department or division. Nothing in this article precludes the granting of vacation outside of the bid process, at any time, so long as such approval does not provide operational difficulties for Page 16 - Agreement between City of Woodburn and AFSCME the department or division. 6.3 INCLEMENT CONDITIONS In the event inclement conditions exist to the extent that the employee cannot safely travel to the work site, and neither the City nor the employee can determine an alternative method of transportation, the employee may use accrued vacation leave or compensatory time to cover their absence. 6.4 TERMINATION: Upon the termination of a regular employee, he or she shall be paid for all unused vacation at his or her current rate of pay. In case of death, compensation for accrued vacation leave shall be paid in the same manner the salary due the decedent is paid. Page 17 - Agreement between City of Woodburn and AFSCME ARTICLE 7 - SICK LEAVE 7.1 ACCRUAL: Full-time employees shall accrue sick leave at the rate of one eight-hour (8 -hour) day for each full calendar month of service from the first month of employment. to a maximum of one hundred eighty(180) eight-hour (8 -hour) days. Part-time employees shall accrue prorata sick leave benefits based on the relationship their regularly scheduled work week bears to that of a full-time employee. Accrued but unused sick leave shall not be compensated upon termination or death. 7.2 UTILIZATION: 1. Disability: If any employee is unable to work his or her regularly scheduled work days by reason of illness or injury, accrued sick leave shall be applied subject to the following limitations: a. Secondary Employment: Unless the employee has notified the City in advance and received approval, sick leave benefits shall not be allowed when an employee is working for another employer, or otherwise engaged in an activity for profit during the period of disability. b. Industrial Accidents: If the employee is or should be eligible for Workers' Compensation time -loss benefits, sick leave shall not be available. C. Doctor's Certification: If the employee is absent for more than three (3) calendar days, sick leave benefits shall not be allowed after the third calendar day unless a physician's statement is submitted upon return to work or unless alternative arrangements satisfactory Page 18 - Agreement between City of Woodburn and AFSCME to the City have been made on or before the third day of the absence. If the City has reason to believe that an employee may have been abusing sick leave, it may, by prior written notification to that employee, require a physician's certification of illness for absences of three (3) days or less as a condition of receipt of sick leave benefits. In addition, a physician's certification of fitness to return to work may be required if there is some reason to question the employee's fitness to perform his or her assigned duties. 2. Family Illness: When an employee must be away from the job because of a serious illness in the immediate family, such time off shall be granted by the Department Head and charged against sick leave time. Immediate family is defined as: husband, wife, mother, father, son, daughter, foster children, brother, sister, father-in-law, mother-in-law, grandparents, or other relative living in the employee's household. 3.Non-emergent/Routine Medical Appointments: When an employee must be away from the job because of an appointment with a licensed physician or dentist, such leave, provided it was requested and approved in advance, may be approved and charged to nearest one-quarter (1/4) hour to the employee's sick leave account. 7.3 LIMITATIONS: 1. New Employees: Sick leave shall not be available for utilization until after Page 19 - Agreement between City of Woodburn and AFSCME the first ninety (90) days of employment have been completed. 2. Notification: The employee shall notify his or her immediate supervisor in accordance with procedures that may be established by such supervisor of the need for sick leave as soon as possible after his or her knowledge of the need. If the employee fails to notify his or her supervisor in a timely manner, it shall be cause for denial of sick leave benefits. 3. Abuse: The abuse of sick leave shall be cause for disciplinary action. 4. Extended Illnesses: Sick leave shall not be allowed after the first ninety (90) calendar days of any illness, as the City's long-term disability plan provides income protection in such circumstances. After the employee has returned to work following an absence of more than ninety (90) calendar days, any accrued but unused sick leave shall be available for utilization for subsequent disabilities. 7.4 INCENTIVE CONVERSION: Any employee who accumulates eighty-eight (88) hours or more of unused sick leave within the calendar year has the option to convert eight (8) hours of sick leave into vacation leave as an incentive for low usage of sick leave. Page 20 - Agreement between City of Woodburn and AFSCME ARTICLE 8 - INSURANCE AND RETIREMENT BENEFITS 8.1 LONG-TERM DISABILITY INSURANCE: Effective January 1, 2006, the City shall pay the cost of long-term disability coverage that insures sixty-six percent (66%) of the employee's base monthly salary for a disability due to injury or illness. This coverage shall provide protection when ninety (90) calendar days have elapsed from the time of injury or illness. 8.2 MEDICAL/DENTALNISION INSURANCE: The City shall continue to provide the existing or a substantially equivalent medical and dental insurance for all employees and enrolled dependents through June 30, 2012. City contribution toward the existing or a substantially equivalent medical and dental insurance premium for all enrolled dependents shall not exceed eighty-five percent (85%) of the insurance premium (Employee only, Employee plus one dependent, Employee plus two or more dependents) based on the medical and dental plan selected by the employee. The City shall include vision coverage for all employees and their enrolled dependents through June 30, 2012 . Employees in the health insurance program are required to participate and the monthly premium cost for such coverage will be borne solely by the employee either as a pre-tax payroll deduction or an after-tax payroll deduction, at the option of the employee. 2. Option to Not Be Covered in the City Medical Insurance Program. If an employee has other group medical insurance coverage they may opt out of City medical insurance coverage and will receive $25.00 per month incentive pay as long as the following requirements are met: Page 21 - Agreement between City of Woodburn and AFSCME a. The City must maintain a minimum of 75% participation of eligible employees in the City medical insurance program; b. Employees must participate in the City dental insurance program with a minimum of individual coverage; c. Any employee opting out of City medical insurance shall provide documentation of alternate group medical insurance coverage; d. The City will randomly audit employees who opt out of the City medical insurance program. Any employee who has opted out of the City program and does not have and/or maintain group medical coverage will be required to pay back any incentive pay they have received for the entire contract period regardless of when their coverage ceased. 8.3 LIFE INSURANCE: The City shall provide the following life insurance benefits for the duration of this Agreement: (1) A 24-hour term life insurance policy equal to One times the employee's basic annual salary rounded to the next higher $1,000. (2) An Accidental Death and Dismemberment insurance policy equal to One times the employee's basic annual salary rounded to the next higher $1,000. 8.4 COVERAGE DURING LEAVES OF ABSENCE Employees on leaves of absence with pay will have their group benefits continued. The employee portion of the premium will continue to be deducted from their pay. Employees on medical leaves of absence without pay may continue medical, Page 22 - Agreement between City of Woodburn and AFSCME dental and vision benefits provided that the insurance companies allow for the extension of coverage while on unpaid leave. The City and employee portion of the premium will be paid by the City for a maximum of three (3) months. This benefit coverage will run concurrently with FMLA. For unpaid medical leaves that do not qualify for FMLA, the employee must return to work for a minimum of one (1) month following the expiration of approved leave or the employee will be obligated to reimburse the City for the total premium paid for the period of their unpaid leave. An employee on an approved medical leave of absence without pay may continue medical, dental and vision benefits beyond the three (3) month period by paying the full insurance premium for those benefits. In the event of a catastrophic illness or accident, the City Administrator may extend the maximum period beyond three (3) months. 8.4 WORKERS' COMPENSATION Pursuant to applicable law, the City shall continue to provide coverage under the Workers' Compensation plan for job -connected injuries or disabilities. In the event an employee suffers an injury while on the job with the City for which he or she is eligible for time -loss benefits, such employee shall continue to receive the medical, dental, long-term disability, and life insurance benefits provided for herein for the first ninety (90) days of such injury. 8.5 RETIREMENT For the duration of this Agreement, the City shall continue the current retirement plan offered through the Public Employees Retirement System (PERS). Page 23 - Agreement between City of Woodburn and AFSCME ARTICLE 9 - PREMIUM PAY 9.1 OVERTIME Employees required by the City to work beyond eight (8) hours in any twenty- four -hour (24 hour) period beginning at 12:01 a.m., or more than forty (40) hours per week, shall receive overtime compensation. In no case shall overtime be paid twice for the same hours. Overtime shall be computed to the nearest quarter-hour (% hour). Overtime pay shall be based on the actual number of hours on duty per day or week, except that two (2) hours of overtime will be guaranteed in instances of emergency call- back. Emergency call-back shall include, but shall not be limited to instances when an employee has physically left the work site, is on the way home from work, and is called to return to work. Overtime pay shall also be paid at the emergency call-back rate to employees that trouble shoot from home using a laptop computer who would otherwise, except for use of the computer, be required to return to the work site to resolve an emergency. The overtime rate shall be time -and -one-half the regular rate of compensation, in the form of comp time or pay, at the discretion of the City. However, if employee(s) are to be subject to a compensatory time policy that differs from the eighty (80) hour maximum presently allowed by City policy, he/she shall be so notified in writing. In the event that sufficient acceptable personnel do not accept overtime on a voluntary basis, or in the event of an emergency, such additional personnel as are deemed necessary by the City may be required to work overtime. As provided by ORS 279.345(5)(b), the provisions of ORS 279.340 shall not apply Page 24 - Agreement between City of Woodburn and AFSCME to the employees covered by this Agreement. 9.2 STANDBY: Employees required to be accessible by telephone or pager and available for dispatch to the job shall receive one point three two (1.32) hour's pay at their straight -time hourly rate for every twelve (12) hours of standby time for the duration of such standby period. Standby time shall not be counted as hours worked for purposes of computation of overtime pay, and no standby pay shall be awarded for any hours that are actually worked. Call back hours shall not count as hours that are actually worked for calculating and reporting standby time. 9.3 ACTING -IN -CAPACITY PAY: At the discretion of the department head, employees assigned to work in a higher classification may receive a five percent (5%) wage differential for periods of two (2) weeks or longer (this excludes periods for vacation, sick leave, workshops, etc). In order to receive Acting -In -Capacity pay, the employee must be assigned the full range of duties and have full authority and responsibilities of the position he/she is filling. The department head must submit a Personnel Action Form to the Human Resources Office prior to assigning employees to work in a higher classification requiring a wage differential payment. Page 25 - Agreement between City of Woodburn and AFSCME ARTICLE 10 - REST PERIODS/LUNCH PERIODS All employees shall be granted a fifteen -minute (15 -minute) rest period during each one-half (Y2) shift, except in emergency situations. Rest periods shall be taken at approximately the middle of each one-half (Y2) shift as designated by the supervisor. All employees shall be granted a lunch period of not less than one -half-hour (Y2 hour) or more than one (1) hour, except in emergency situations. Such lunch periods shall be without pay and be utilized at approximately the middle of the work shift as designated by the supervisor. Page 26 - Agreement between City of Woodburn and AFSCME ARTICLE 11 - LEAVES 11.1 BEREAVEMENT LEAVE: In the event of a death in the employee's immediate family, for purposes of this article immediate family shall include grandparents, parents, parents-in-law, siblings, children, grandchildren, or any member of the immediate household, an employee may be granted leave of absence not to exceed five (5) working days without loss of pay. This leave shall be separate from sick leave and shall not accumulate from year to year. In the event of a death of a co-worker, employees may request and be granted vacation leave or other mutually agreeable time off to attend the funeral. In instances where the essential work of the City would be seriously handicapped by the temporary absence of a group of employees in a division, the City may set a reasonable limit on the number of employees that are to receive such leave. 11.2 WITNESS/JURY DUTY: When an employee is called for jury duty or subpoenaed to appear in court as a witness, he or she will be paid the difference between his or her regular salary and the amount of jury pay. However, if he or she transfers all compensation, less mileage and meal allowances, received from the court to the City, he or she shall receive his or her regular compensation for the time covered by the absence. Time not worked because of such service will not affect vacation or sick leave accrual. The foregoing shall not apply if the employee is a party in interest to the proceeding or is serving as a witness against the City or on behalf of the Union. In such instance, leave of absence without pay will be provided. 11.3 MILITARY: Page 27 - Agreement between City of Woodburn and AFSCME Military leave with or without pay shall be provided in accordance with applicable State (ORS 408.290) and Federal statutes. 11.4 LEAVE WITHOUT PAY: Upon the written request of a regular employee to the immediate supervisor, the City may, in writing, grant an employee a leave of absence without pay for a period not exceeding twelve (12) months. Such request shall include the reason for requesting such leave and establish reasonable justification for consideration by the City. An employee shall not accrue benefits or seniority during such leave, but will be reinstated with all previously earned leave and seniority upon his or her return to work. 11.5 VOTING LEAVE: Employees who are registered voters shall be granted necessary time off, up to one (1) hour, to vote on election day if, due to their work schedule, they otherwise would not be able to vote. Page 28 - Agreement between City of Woodburn and AFSCME ARTICLE 12 - WAGES 12.1 WAGE RATES: Current wage rates will remain in effect through June 30, 2010. 12.2 LIMITED REOPENER: The City and AFSCME agree to a limited reopener on wages that will be effective July 1, 2010. Page 29 - Agreement between City of Woodburn and AFSCME ARTICLE 13 - DISCIPLINE AND DISCHARGE 13.1 DISCIPLINARY ACTION: By way of illustration but without limitation, disciplinary action shall include the following: (1) Written reprimand. An employee may grieve a written reprimand through Step IV, City Administrator level of the grievance procedure, but shall not pursue such a grievance to Step V, Arbitration. The decision of the City Administrator shall be final and binding. If the employee disagrees with the written reprimand, he/she may attach a written rebuttal thereto. (2) Suspension without pay. (3) Temporary reduction in pay to a lower step within the established pay range for the employee's classification. (4) Discharge. Oral corrections may also be given to employees, but such shall not be considered disciplinary action, inasmuch as the employee has experienced no loss of compensation as a result thereof. 13.2 DUE PROCESS: For the purposes of this Article, due process shall require that the following steps be accomplished before an employee is 1) suspended without pay, 2) temporarily reduced in pay, or 3) discharged. Before any decision to take disciplinary action is finalized, the following shall occur: 1. The employee will be informed of the charges in writing and given the Page 30 - Agreement between City of Woodburn and AFSCME information that is the basis for the possible disciplinary action. 2. After the employee has been informed of the charges, he or she shall have the opportunity to meet and discuss the matter with the supervisor who initiated the charges. If the employee chooses to meet with the supervisor to discuss the charges, he/she shall be allowed to have a representative of the Union present. 3. After the decision is made, the employee shall be given written notification thereof. If the decision is adverse to the employee, the employee shall have the opportunity to include a statement in his/her personnel file and to file a grievance in accordance with the provisions of Article 18 thereof. 13.3 JUST CAUSE: No employee shall be 1) suspended without pay, 2) temporarily reduced in pay, or 3) discharged without just cause. If there is disagreement as to whether or not just cause exists, such dispute shall be resolved in accordance with the provisions of the grievance procedure, Article 18 hereof. 13.4 CONFIDENTIALITY: If a supervisor has reason to discipline an employee, he or she shall make reasonable effort to impose such discipline in a manner that will not unduly embarrass the employee before other employees or the public. 13.5 PROBATIONARY EMPLOYEES: A probationary employee shall serve at the pleasure of the City and shall not have the right to appeal any disciplinary action as a violation of this Agreement. A regular employee shall be discharged only on stated grounds provided the employee. Page 31 - Agreement between City of Woodburn and AFSCME ARTICLE 14 - SENIORITY 14.1 DEFINITIONS: Seniority, as used in this Agreement, means a regular employee's length of continuous service with the City since his/her most recent date of hire. An employee who has not completed his/her probationary period shall not be considered to have seniority and shall not be considered a regular employee. An employee shall lose all seniority credit in the event of voluntary or involuntary termination or failure to return from an expired leave of absence. 14.2 SENIORITY LIST: An updated seniority list for the bargaining unit and classification shall be posted annually on each department's employee bulletin board. 14.3 EFFECT OF LEAVE WITHOUT PAY: An employee who is absent without leave for more than seventeen (17) working hours shall be considered to have resigned. Such employee may be reinstated without loss of previously accrued seniority and other benefits if he/she can show that it was not feasible to obtain prior approval for the absence. 14.4 TRANSFERS: Employees desiring to transfer to other comparable positions may submit an application in writing to their immediate supervisor. The application shall state the reason for the requested transfer. An employee may transfer to another City department within the same classification, if both department heads agree to the transfer 14.5 JOB POSTING AND SENIORITY: Vacancies in the bargaining unit shall be posted in a place available to Page 32 - Agreement between City of Woodburn and AFSCME employees. Employees may apply for such open positions by the regular application procedure. Present qualified employees shall be given first consideration, provided their qualifications are, in the City's judgment, equal to those of other applicants. If two or more qualified present employees are otherwise equally qualified in the City's judgment, first consideration shall be given the applicant with the greatest seniority in applicable job classification. Page 33 - Agreement between City of Woodburn and AFSCME ARTICLE 15 PROBATION 15.1 PROBATIONARY PERIODS: The probationary period is an integral part of the employee selection process and provides the City with the opportunity to upgrade and improve the department by observing an employee's work, training and aiding employees in adjustment to their positions, and by providing an opportunity to reject any employee whose work performance fails to meet required work standards. Every new employee hired into the bargaining unit shall serve a probationary period of six (6) full months, which may by written notice to the employee prior to the completion of the initial six-month (6 month) period be extended for up to six (6) additional months. Employees promoted into a higher classification shall serve a probationary period of six (6) full months, which may by written notice to the employee prior to the completion of the initial six-month (6 month) period be extended for up to six (6) additional months. The Union recognized the right of the City to terminate new employees on probationary status at any time for any reason without recourse to appeal and to exercise all rights not specifically modified by this Agreement with respect to such employees, including, but not limited to, the assignment of on-the-job training in other classifications. The Union also recognized the right of the City to demote an employee on promotional probationary status to his or her previous position. 15.2 VOLUNTARY DEMOTION: Employees who, within 1040 hours following a promotion, voluntarily demote to their previously held classification may return to the step of the Page 34 - Agreement between City of Woodburn and AFSCME previously held classification from which they promoted. Demotion under this section shall be with the mutual agreement of the employee and involved Department Head(s) and an opening must exist. Page 35 - Agreement between City of Woodburn and AFSCME ARTICLE 16 LAYOFF 16.1 DEFINITION: A layoff is a permanent reduction in the City work force. 16.2 PROCEDURE: In the event of a layoff, notice of no less than fifteen (15) days will be given to employees the city intends to layoff. If the city reduces its work force, layoffs shall be made within each job classification by department, on the basis of seniority with the least senior employee being the first to be laid off. The city may make exception to layoff on the basis of seniority where employees who possess special skills would otherwise be laid off. Employees subject to layoff shall have the right to displace employees in equal or lower -paying classifications, provided they have prior service with the city in that classification. All probationary, part-time, temporary, seasonal and limited assignment employees in a classification will be laid off prior to layoff of regular full-time employees in that classification. 16.3- RECALL: Recalls from a layoff shall be made according to seniority. No new employees shall be hired into a classification until all laid off employees qualified to do the job have been given a chance to return to work. In order to maintain this right to recall, an employee must register in person or by mail with the City Administrator or his or her designee upon change of address, telephone number, and at least annually signifying his or her availability for recall. Page 36 - Agreement between City of Woodburn and AFSCME Laid off employees shall be recalled only by certified letter, return receipt requested, and shall have five (5) days from receipt of such notification in which to inform the city of their intent to return to work and an additional ten (10) days therefrom in which to report to work. An earlier reporting day may, by mutual arrangement, be arranged. Employees laid off for a period of twenty-four (24) months or longer lose all seniority rights. Page 37 - Agreement between City of Woodburn and AFSCME ARTICLE 17 - CLOTHING AND EQUIPMENT 17.1 PROTECTIVE CLOTHING AND SAFETY EQUIPMENT: The City shall provide protective clothing and safety equipment pursuant to applicable laws and regulations, based on a review performed by the City's insurance carrier or other similar resource acceptable to the parties. Only those items which are required by law or regulation shall be provided. 17.2 UNIFORMS: In addition to safety equipment and clothing provided under the above, the City shall continue to provide work uniforms for selected employees within the bargaining unit, under the following conditions: a. It shall be the employee's responsibility to launder and to otherwise maintain the uniform in a proper manner. b. Uniforms or any portion thereof shall not be worn except while on duty or while in transit to or from the job. C. Uniforms shall be replaced on an exchange basis only, and employees may from time to time be required to account for all uniforms originally issued. The cost of replacement of any uniform lost, destroyed, or otherwise not accounted for shall be borne by the employee. Page 38 - Agreement between City of Woodburn and AFSCME ARTICLE 18 - GRIEVANCE 18.1 DEFINITION: A grievance, for the purpose of this Agreement, is defined as a dispute regarding the meaning or interpretation of a particular clause of this Agreement or regarding an alleged violation of this Agreement. 18.2 PROCEDURE: In an effort to provide for a peaceful procedure for resolution of disputes, the parties agree to the following procedure: STEP 1: The employee, with or without the assistance of a Union Business Representative or steward, shall discuss the grievance with his or her most immediate supervisor who is not also a member of the bargaining unit within ten (10) work days of the occurrence of the grievance or within ten (10) work days of the date that the employee should have first known of the facts upon which the grievance is based. As part of such grievance discussion, the employee shall notify the supervisor that the issue under discussion is a grievance. The supervisor shall have five (5) work days to provide an oral response to the grievance. STEP II: If the grievance remains unresolved, the employee shall, within three (3) work days of receipt of the supervisor's reply in Step I above, but not more than fifteen(15) work days of the occurrence, as outlined above, submit the grievance in written form, including at a minimum the following: 1. A statement of the action or lack of action on the part of the City that is the cause of the grievance. 2. A statement as to the specific contract Article or Articles with Page 39 - Agreement between City of Woodburn and AFSCME section and/or paragraph thereof that was violated. 3. The specific action or alternative actions that the city must take to correct the contract violation. The supervisor shall respond to the employee in writing with a copy to the Union Vice -President within five (5) work days. STEP III: If the grievance remains unresolved, it shall be submitted in writing within -three (3) work days of completion of Step II to the Department Head. He or she may meet with the employee's immediate supervisor and the aggrieved party and shall respond to the grievance in writing within five (5) work days. STEP IV: If the grievance remains unresolved, it shall be submitted in writing within three (3) work days of the completion of Step III to the City Administrator. He or she shall meet with the aggrieved party and the Department Head and shall respond to the grievance in writing within ten (10) work days. STEP V: If the grievance is not resolved, it shall be submitted to arbitration in the following manner: The Union shall have three (3) work days from the date of completion of Step IV procedures in which to provide written notification to the City of its intent to proceed to arbitration. The Union and the City shall have five (5) work days from the date of such notification to reach a mutual agreement upon an arbitrator. If the Union and the City fail to agree upon an arbitrator within the five (5) work day period, the Union shall within the next five (5) work days submit a request Page 40 - Agreement between City of Woodburn and AFSCME for a list of seven (7) arbitrators to the State of Oregon Mediation and Conciliation Service. The parties shall alternately strike one name from the list until only one name from the list remains. The Union shall strike the first name. The remaining individual shall be the arbitrator. The City and the Union shall have five (5) work days from the date of receipt of the list of arbitrators to select the arbitrator. 18.3 LIMITATIONS ON ARBITRATION: The arbitrator shall render a written decision within a reasonable time. The powers of the arbitrator shall be limited to interpreting this Agreement and determining if it has been violated. The arbitrator shall have no power to alter, modify, add to, or detract from the terms of this Agreement. The decision of the arbitrator shall be final and binding on both parties. No issue whatsoever shall be arbitrated or subject to arbitration unless such issue results from an action or occurrence which takes place while this Agreement is in effect, and no arbitration determination or award shall be made by the arbitrator which grants any right or relief for any period of time whatsoever prior to the execution or after the expiration date of this Agreement. Expenses for the arbitrator's services and the proceedings shall be borne equally by the parties. However, each party shall be completely responsible for the cost of preparing, presenting its own case, including compensating its own representatives and witnesses. If either party desires a record of the proceedings, it shall solely bear the cost of such records. It is specifically and expressly understood and agreed that taking a grievance appeal to arbitration constitutes an election of remedies. Specifically, the Union Page 41 - Agreement between City of Woodburn and AFSCME agrees that it shall not pursue an issue that has been the subject of a grievance to any court, quasi-judicial body or other outside authority for a determination, and that when an issue is presently pending before, or has been decided by a court, quasi-judicial body or other outside authority, no grievance with respect thereto may exist. 18.4 TIME LIMITS: Any or all time limits specified in the grievance procedure may be waived by mutual consent of the parties. Failure to submit the grievance in accordance with these time limits without such waiver shall constitute abandonment of the grievance. Failure by the City to submit a reply within the specified time will constitute a rejection of the grievance at that Step. A grievance may be terminated at any time upon receipt of a signed statement from the employee that the matter has been resolved. The employee may be represented at any level of the grievance procedure by a Union representative. Page 42 - Agreement between City of Woodburn and AFSCME ARTICLE 19 - MANAGEMENT RIGHTS 19.1 GENERAL RIGHTS: Except as otherwise expressly and specifically limited by the terms of this Agreement, the city retains all rights, decision-making prerogatives, functions and authority connected with or in any way incidental to its responsibility to manage the affairs of the City or any part of the City. The rights of the employees in the bargaining unit and the Union hereunder are limited to those specifically set forth in this Agreement. 19.2 SPECIFIC RIGHTS: Without limitation, but by way of illustration, the exclusive prerogatives, functions and rights of the city shall include the following: To determine the services to be rendered to the citizens of the City. To determine and to follow the City's financial, budgetary, and accounting procedures. To direct and supervise all operations, functions, and policies of the departments in which the employees in the bargaining unit are employed, and operations, functions, and policies in the remainder of the city as they may affect employees in the bargaining unit. 16 To close or liquidate any office, branch, operations or facility, or combination of facilities or to relocate, reorganize or combine the work of divisions, offices, branches, operation or facilities for budgetary or other reasons. 17 To manage and direct the work force, including but not limited to, the right to determine the methods, processes, and manner of performing work; the right to hire, promote, transfer and retain employees; the right to layoff; the right to Page 43 - Agreement between City of Woodburn and AFSCME abolish positions or reorganize departments; the right to determine schedules of work; the right to purchase, dispose of and assign equipment or supplies. 18 To determine the need for a reduction or an increase in the work force and the implementation of any decision with regard thereto. 19 To establish, revise and implement standards for hiring, classification, promotion, quality of work safety, materials, and equipment. 20 To implement new and to revise or discard, wholly or in part, old methods, procedures, materials, equipment, facilities and standards. 21 To assign shifts, workdays, hours of work and work locations. 22 To assign and designate all work duties. 23 To introduce new duties within the unit. 24 To determine the need for and the qualifications of new employees, transfers and promotions. 25 To discipline, reprimand, suspend and discharge an employee subject to the discipline Article of this Agreement. 26 To determine the need for additional educational courses, training programs, on- the-job training and cross -training and to assign employees to such duties for such periods to be determined by the City. 27 To determine the need for overtime and the employees to work such overtime. 19.3 CONTRACTING AND SUBCONTRACTING OF WORK: The Union recognizes that the City retains the right to contract and to subcontract work, provided that as to the contracting or subcontracting of work that may reasonably be expected to result in the layoff or demotion of any bargaining unit member(s), the city will provide prior notice to the Union and Page 44 - Agreement between City of Woodburn and AFSCME afford it an opportunity to make a presentation to the council as follows: The Union shall be sent a copy of any Request for Proposal or advertisement for bids at the time such request or advertisement is made. After receipt of proposals or bids from potential bidders, the Union shall receive a copy of same and a copy of all other relevant material, including City staff analysis of the various bids or proposals, that the Council will use as the basis for its decision. No decision to contract or subcontract shall be made until: a. Thirty (30) days following the receipt by the Union of all material specified in #2 above; and b. After the Union has had an opportunity to make a presentation to the Council (or City Administrator if such is mutually agreeable) regarding the proposed contracting of work. The City agrees to give full consideration to all information and recommendations that may be submitted by the Union prior to making a final decision. In consideration of the above -delineated agreement by the City to allow the Union to be informed of and to make its position known prior to a contracting decision which would adversely affect bargaining unit employees, parties agree that notwithstanding the requirements of ORS 243, the City shall have no duty to bargain 1) any decision to contract or subcontract work; and 2) the impact of any decision to contract or subcontract work. The City may use non -paid volunteers without following the procedural steps outlined in items 1 through 3 above, and without a duty to bargain over the decision or the impact of such decision. The City has not intent to modify Page 45 - Agreement between City of Woodburn and AFSCME existing practice on the use of volunteers. 19.4 EXISTING BENEFITS AND WORK RULES: Nothing in this Agreement is intended to nullify existing wage and fringe benefits to employees under policies, practices and work rules unless specifically included in this Agreement. The City agrees to notify the Union, in writing, prior to changing or making additions to the existing personnel policy manual. Should the Union disagree with the proposed change(s), the City, upon request, shall meet with the Union to discuss its concerns. Page 46 - Agreement between City of Woodburn and AFSCME ARTICLE 20 -CITY SECURITY During the term of this Agreement, the Union and members of the bargaining unit, as individuals or as a group, will not initiate, cause, permit or participate or join in any strike, work stoppage or slowdown, picketing, or any other interruption of City services. Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket line established in the City by the Union, or by any other labor organization when called upon to cross such picket line. Disciplinary action, including discharge, may be taken by the City against any employee or employees engaged in a violation of this Article. Such disciplinary action may be undertaken selectively at the option of the City. In the event of a strike, work stoppage, slowdown, picketing, observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Union will, immediately upon notification, publicly attempt to secure an immediate and orderly return to work. The obligations set forth above shall not be affected or limited to the subject matter involved in the dispute giving rise to the stoppage or by whether such subject matter is or is not subject to the grievance procedure of this Agreement. It is understood that employees shall not be entitled to any benefits or wages whatsoever while they are engaged in such strike, work stoppage, or other interruption of work. There will not be a lockout against the employees in the bargaining unit during the term of this Agreement. Page 47 - Agreement between City of Woodburn and AFSCME ARTICLE 21 - SUBSTANCE ABUSE The parties recognize that certain employees engaged in safety sensitive activities are subject to testing pursuant to adopted city policy, and where applicable, state and federal law. Before any changes in such a policy, provided they constitute a mandatory subject of bargaining, are implemented they shall be subject to negotiations with the Union. Page 48 - Agreement between City of Woodburn and AFSCME ARTICLE 22 - SAVINGS CLAUSE The provisions of this contract are declared to be severable, and if any section, subsection sentence, clause, or phrase of this Agreement shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Agreement, but they shall remain in effect, it being the intent of the parties that this Agreement shall stand, notwithstanding the invalidity. Page 49 - Agreement between City of Woodburn and AFSCME ARTICLE 23 - LABOR/MANAGEMENT COMMITTEE 23.1 FORMATION: The parties agree to establish a joint Labor/Management Committee. 23.2 REPRESENTATION: The City's representative will include the City Administrator or a representative and up to three (3) designees. The Union representatives will include three (3) elected representatives who are City employees with preference given to differing departments. Either party with advance notice may invite guests whose attendance shall be germane to the agenda. 23.3 INTENT: The intent of the committee is to facilitate communications between parties by providing a forum for discussion of issues not addressed by the Contract, such as staff morale, operation methods and procedures, attendance and other policies of the workplace which effect the working conditions of the employees when such policies are not mandatory subject of bargaining. The committee shall not become involved in individual grievances nor shall the committee meetings be construed as formal negotiations. The committee shall meet with a formal agenda, at least once each quarter or such other time as both parties mutually agree to. The time, date and place shall be mutually agreed upon by the parties. 23.4 CONTINUANCE: The committee shall discontinue meetings during the quarter in which contract negotiations have begun and remain adjourned until a contract has been signed by both parties. Page 50 - Agreement between City of Woodburn and AFSCME ARTICLE 24 - CERTIFICATION PAY 24.1 Employees holding specified position -related professional and specialty certifications shall receive certificate pay ranging from 0.5 percent (.5%) to 1.5 percent (1.5%) of base pay for each certificate held up to a cap of three (3) certificates. In the event an employee holds more than one (1) certificate in a job series, only the highest certification level will be compensated for under this Article provision 24.2 The City and the Union will form a committee with equal representation with the purpose to review and adjust the current certification pay schedule. The first meeting will occur by August 1, 2009. Page 51 - Agreement between City of Woodburn and AFSCME ARTICLE 25 - BILINGUAL PAY Employees eligible to receive bilingual pay must be assigned work on a regular and continuing basis that requires a second language to effectively meet the service demands of the City's customers. Designation of positions eligible to receive bilingual pay is the responsibility of the Department Head. Employees certified to be orally proficient in the Spanish or Russian language shall receive an additional two and one half percent (2.5 %) of base pay. Employees certified to be proficient both orally and in writing in the Spanish or Russian language shall receive an additional three and one-half percent (3.5%) of base pay. This certification program is voluntary and it requires the employee to provide translation services when requested in accordance with City procedures. Employees eligible for this incentive shall be those employees receiving language incentive pay as of June 30, 2005, and those employees certified after July 1, 2005. Eligibility for those employees certified after July 1, 2005 shall be based on successful completion of written and/or oral testing. Individuals assigned to proofread work products generated by the city's Community Relations Officer shall receive a language incentive of four percent (4%) of base pay. Such assignments shall be made in writing by the City Administrator and shall be ongoing unless a need for such services ceases to exist. In such case as the need for services ceases to exist, revocation of assignment shall be made in writing by the City Administrator, stating the reasons for the revocation. Such reasons shall be discussed with the Union prior to implementation of such revocation. Page 52 - Agreement between City of Woodburn and AFSCME ARTICLE 26 - EDUCATIONAL INCENTIVES. TUITION REIMBURSEMENT. The City of Woodburn may reimburse an employee for up to 50% of the amount of tuition for courses approved by the City Administrator which are deemed directly applicable and beneficial to City goals and objectives. The tuition reimbursement policy will be limited by budgetary resources within the department. A. The City may reimburse an employee for the amount of tuition for approved courses conducted outside the employee's regular working hours, provided the employee has made application for approval to the City Administrator at least ten days prior to the registration for such course. B. Course work eligible for reimbursement must be completed at a college or university holding statewide accreditation. C. Job-related courses which are only offered during regular working hours may be approved by the Department Head and the City Administrator subject to the operating requirements of the department. If the course is approved, leave of absences without pay, and/or vacation time, compensatory time, or other paid leave time will be made available to the employee. D. The City may allow time off with pay, and will reimburse an employee for the expenses of attending classes, or workshops, when attendance is on an assignment basis with prior approval of the employee's Department Head. E. Reimbursement will not include the cost of travel, books, materials, or other ancillary costs. Page 53 - Agreement between City of Woodburn and AFSCME F. Reimbursement will be limited to a maximum of six (6) units per semester. G. Reimbursement for baccalaureate studies shall be based on the average per-unit registration cost of course work at Portland State University, and Western Oregon State University. H. Reimbursement will be provided upon showing of a successful completion of course work — i.e., a copy of report card or transcript, and a receipt, cancelled check, or other proof that registration has been paid by the employee. Employee will be reimbursed 50% of tuition cost when course work is completed with an "A" or "B" grade. Tuition will be reimbursed at only 40% for course work completed with a "C" grade. There will be no reimbursement for courses completed with a "D" or for failed courses. J. Employees will be obligated, when deemed applicable, to share the benefit of their education and training with other City employees Page 54 - Agreement between City of Woodburn and AFSCME ARTICLE 27 - HARASSMENT POLICY The City of Woodburn is committed to providing a workplace that is respectful and productive for all of its employees. Harassment is defined as conduct which unreasonably interferes with an employee's performance of job duties, or creates an intimidating, hostile, or offensive environment. Harassment on the basis of sex (includes gender, pregnancy, and sexual orientation), race, religion, color, national origin, age, marital status, disability, political affiliation, associating with anyone in the above categories, or engaging in a protected activity, such as reporting harassment or other unlawful acts, is contrary to City policy and will not be tolerated. However, it is recognized that City policy and state and federal law provide the means for resolution of harassment questions. Therefore, a claimed violation of the provisions of this Article shall not serve as the basis for a claim of a violation of this Agreement. Employees who believe they have witnessed or experienced harassment are to follow the reporting steps delineated in the City's Harassment Policy. Page 55 - Agreement between City of Woodburn and AFSCME ARTICLE 28 - MILEAGE REIMBURSEMENT When an employee is approved by his supervisor to use their personal vehicle for City use, they shall be reimbursed at the rate established by the Internal Revenue Service. Page 56 - Agreement between City of Woodburn and AFSCME ARTICLE 29 - TERM OF AGREEMENT 24.1 This Agreement shall become and be effective July 1, 2009 and shall replace the Agreement previously in force through June 30, 2009. This Agreement shall be binding upon the City, the Union, and its members, and shall remain in full force and effect through June 30, 2012. 24.2 This Agreement may be amended at any time by mutual agreement of the Union and the City, such amendments shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto set their hands this day of 2009. FOR THE UNION Neil Bednarczyk Council 75 Representative Jerry Tabler AFSCME President John Hunter AFSCME Representative Scott Bergren AFSCME Representative FOR THE CITY Kathryn Figley Mayor Scott Derickson City Administrator Page 57 - Agreement between City of Woodburn and AFSCME APPENDIX A The bargaining unit includes all employees in the following classifications, subject to the provisions of the Recognition Article: Accounting Clerk II, III Administrative Assistant- Public Works Associate Planner Building Inspector / Plans Examiner II, III Bus Driver CAD/GIS Technician Clerk I, Il, III Code Enforcement Officer Construction Inspector/Engineering Technician Custodian Engineering Technician I, II, III Evidence Technician Foreman Industrial Waste Coordinator Information Systems Technician Librarian Library Assistant Library Assistant/Security Monitor Library Page Library Program Coordinator/Security Monitor Mechanic Meter Reader Municipal Court Clerk Municipal Court Coordinator Permit Technician Records Clerk Sewer Line Maintenance Technician Transportation Coordinator Utility Worker I, II, III Wastewater Lab Technician Wastewater Operator I, II, III Wastewater Treatment Plant Maintenance Technician Water Operator I, II Water Technician I Water Treatment Plant Maintenance Technician Page 58 - Agreement between City of Woodburn and AFSCME APPENDIX B SALARY SCHEDULE EFFECTIVE JULY 1, 2008 RANGE STEP A STEP B STEP C STEP D STEP E 1 2,193 2,303 2,418 2,539 2,665 2 2,226 2,337 2,454 2,577 2,706 Clerk 1 3 2,262 2,375 2,494 2,618 2,749 Library Page 4 2,304 2,419 2,540 2,667 2,801 5 2,347 2,465 2,588 2,717 2,853 6 2,397 2,517 2,642 2,775 2,913 7 2,451 2,574 2,703 2,838 2,980 Meter Reader 8 2,511 2,637 2,769 2,907 3,052 Custodian Bus Driver 9 2,581 2,710 2,846 2,988 3,137 Clerk II 10 2,657 2,790 2,930 3,076 3,230 Municipal Court Clerk Records Clerk 11 2,742 2,879 3,023 3,174 3,333 Clerk III Library Assistant Accounting Clerk II Utility Worker I RANGE STEP A STEP B STEP C STEP D STEP E Page 59 - Agreement between City of Woodburn and AFSCME 12 2,835 2,976 3,125 3,281 Utility Worker II Accounting Clerk III Water Technician I Permit Technician 13 2,937 3,083 3,238 3,399 Transportation Coordinator Library Assistant/Security Monitor Administrative Assistant Information Systems Technician Engineering Technician I Municipal Court Coordinator 14 3,050 3,202 3,362 3,531 Wastewater Operator I Utility Worker III Evidence Technician Water Operator I 15 3,177 3,335 3,502 3,677 Engineering Technician II CAD/GIS Technician Mechanic Code Enforcement Officer Library Program Coordinator/Security Monitor 16 3,319 3,485 3,659 3,842 Wastewater Operator II Water Operator II Sewer Line Maintenance Technician Water Technician II Building Inspector/Plans Examiner II 17 3,474 3,648 3,830 4,022 Wastewater Lab Technician Wastewater Operator III Facility Maintenance Technician 18 3,648 3,830 4,022 4,223 Foreman Building Inspector/Plans Examiner III Librarian Page 60 - Agreement between City of Woodburn and AFSCME 3,445 3,569 3,707 3,861 4,034 4,223 4,434 RANGE STEP A STEP B STEP C STEP D STEP E 19 3,842 4,034 4,236 4,447 4,670 Wastewater Treatment Plant Maintenance Technician Water Treatment Plant Maintenance Technician Associate Planner Industrial Waste Coordinator 20 4,057 4,260 4,473 4,697 4,932 Engineering Technician III Construction Inspector/Engineering Technician Page 61 - Agreement between City of Woodburn and AFSCME SALARY SCHEDULE ADDENDUM Position Permanent i ncentive Transportation Coordinator 9.3% Municipal Court Coordinator 9.3% Evidence Technician 2% CAD/GIS Technician 5% Mechanic 5% Water Operator II 4.5% Sewer Line Maintenance Technician 4.5% Engineering Technician III 9.5% Construction Inspector/Engineering Technician 9.5% Librarian pay range 18 Facility Maintenance Technician pay grade 17 The incentives given these positions for the 7/1/06 - 6/30/09 contract period will become permanent with the ratification of the 7/01/09 - 6/30/2012 agreement. Page 62 - Agreement between City of Woodburn and APSCME