Res. 2140 - AFSCME Collective Bargaining AgreementWHEREAS, the purpose of 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 of Woodburn (the "City") and the American Federation
of State, County, and Municipal Employee AFL-CIO, Local 642 ("AFSCME") have
engaged in a number of good faith bargaining sessions in order to reach an
understanding on provisions to be included in a new Collective Bargaining
Agreement (the "Agreement");
WHEREAS, the City Council has been briefed on the terms of the
Agreement and authorized the City negotiating team to tentatively agree to it;
and
WHEREAS, AFSCME ratified the Agreement through a ballot process that
concluded on August 28, 2019; NOW, THEREFORE,
Section 1. That the Agreement tentatively agreed to by the parties and
ratified by the AFSCME membership, attached to this Resolution as Exhibit A, is
approved.
Section 2. That the City Administrator is authorized to execute the
Agreement on behalf of the City.
l
Approved as to form: Y1 _9V
-�
City Attorney Date
A�
Approved:'"
Eric Swenson, Mayor
Passed by the Council C�\ a `�
Page 1 - Council Bill No, 3107
Resolution No. 2140
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No. 3107
Resolution No. 2140
Exhibit A
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We Make America Happen
COLLECTIVE BARGAINING AGREEMENT
between
CITY OF WOODBURN
CITY OF WOODBURN LOCAL 642
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES AFL-CIO.
July 1, 2019 —June 30, 2022
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 of 40
Exhibit A
Table of Contents
Article1- Recognition........................................................................................................................................... 4
1.1 Included Positions..............................................................................................................................................4
1.2 New Positions....................................................................................................................................................4
Article2 - Union Rights.........................................................................................................................................
4
2.1 Union Dues........................................................................................................................................................4
2.2 Business Representatives..................................................................................................................................5
2.3 Stewards............................................................................................................................................................5
2.4 Bulletin Boards...................................................................................................................................................5
2.5 Contract Renewal..............................................................................................................................................6
2.6 Contract Distribution.........................................................................................................................................6
2.7 Addresses...........................................................................................................................................................6
Article 3 - Non Discrimination & Anti -Harassment Policy......................................................................................
6
Article4 - Hours of Work.......................................................................................................................................
6
4.1 General Provisions.............................................................................................................................................6
4.2 Work Day and Work Shift Rotation...................................................................................................................7
4.3 Shift Assignment.................................................................................................................................................7
4.4 Work Schedule Flexibility..................................................................................................................................7
4.5 Part -Time Employees.........................................................................................................................................7
Article5 - Holidays................................................................................................................................................
7
5.1 Holidays Observed.............................................................................................................................................7
5.2 Holiday Pay........................................................................................................................................................8
5.3 Weekend Holidays..............................................................................................................................................8
Article6 - Vacation................................................................................................................................................
8
6.1 Vacation Accrual................................................................................................................................................8
6.2 Vacation Utilization...........................................................................................................................................9
6.3 Inclement Conditions.......................................................................................................................................10
6.4 Termination......................................................................................................................................................10
Article7 - Sick Leave............................................................................................................................................10
7.1 Sick Leave Accrual............................................................................................................................................10
7.2 Sick Leave Utilization.......................................................................................................................................10
7.3 Sick Leave Limitations......................................................................................................................................11
7.4 FM LA/OFLA Sick Leave....................................................................................................................................11
Article 8 - Insurance and Retirement Benefits.....................................................................................................11
8.1 Long Term Disability ("LTD") Insurance........................................................................................................11
8.2 Medical/Dental/Vision Insurance....................................................................................................................12
8.3 Life Insurance...................................................................................................................................................13
8.4 Coverage During Leaves of Absence................................................................................................................13
8.5 Workers Compensation...................................................................................................................................14
8.6 Retirement.......................................................................................................................................................14
Article9 - Premium Pay.......................................................................................................................................14
9.1 Overtime..........................................................................................................................................................14
9.1.1 Compensatory Time.....................................................................................................................................15
9.2 Stand By...........................................................................................................................................................15
9.3 Acting in Capacity & Working out of Class.......................................................................................................17
Article 10 - Rest Periods/Lunch Periods...............................................................................................................17
Article11- Leaves...............................................................................................................................................17
11.1 Bereavement Leave.......................................................................................................................................17
11.2 Witness/Jury Duty.........................................................................................................................................18
11.3 Military...........................................................................................................................................................18
11.4 Leave Without Pay.........................................................................................................................................18
11.5 Voting Leave..................................................................................................................................................18
Page 2 of 40
Exhibit A
Article12- Wages...............................................................................................................................................18
12.1 Wage Rates....................................................................................................................................................18
12.2 Pay Periods/Pay Days....................................................................................................................................19
Article 13 - Discipline and Discharge...................................................................................................................19
13.1 Disciplinary Action.........................................................................................................................................19
13.2 Due Process...................................................................................................................................................20
13.3 Just Cause......................................................................................................................................................20
13.4 Confidentiality...............................................................................................................................................20
13.5 Probationary Employees................................................................................................................................20
Article14 - Seniority............................................................................................................................................
20
14.1 Definitions.....................................................................................................................................................20
14.2 Seniority List..................................................................................................................................................21
14.3 Effect of Leave Without Pay..........................................................................................................................21
14.4 Transfers........................................................................................................................................................21
14.5 Job Posting and Seniority...............................................................................................................................21
Article15 - Probation..........................................................................................................................................
21
15.1 Voluntary Demotion......................................................................................................................................22
Article16 - Layoff................................................................................................................................................
22
16.1 Definition.......................................................................................................................................................22
16.2 Procedure......................................................................................................................................................22
16.3 Recall.............................................................................................................................................................23
Article 17 - Clothing and Equipment....................................................................................................................
23
17.1 Protective Clothing and Safety Equipment....................................................................................................23
17.2 Uniforms........................................................................................................................................................23
Article18 - Grievance..........................................................................................................................................
24
18.1 Definition.......................................................................................................................................................24
18.2 Procedure......................................................................................................................................................24
18.3 Limitations on Arbitration.............................................................................................................................25
18.4 Time Limits.....................................................................................................................................................26
Article19 - Management Rights..........................................................................................................................
26
19.1 General Rights...............................................................................................................................................26
19.2 Specific Rights................................................................................................................................................26
19.3 Contracting and Subcontracting of Work......................................................................................................27
19.4 Existing Benefits and Work Rules..................................................................................................................28
Article20 - City Security......................................................................................................................................
28
Article 21- Substance Abuse Policy.....................................................................................................................
28
Article22 - Savings Clause...................................................................................................................................
32
Article 23 - Labor/Management Committee........................................................................................................
33
23.1 Formation......................................................................................................................................................33
23.2 Representation..............................................................................................................................................33
23.3 Intent.............................................................................................................................................................33
23.4 Continuance...................................................................................................................................................33
Article24 - Bilingual Pay......................................................................................................................................
33
Article 25 - Educational Incentives......................................................................................................................
34
25.1 Tuition Reimbursement.................................................................................................................................34
25.2 Certifications & Licenses................................................................................................................................35
Article 26 - Mileage Reimbursement...................................................................................................................
36
Article27 - Terms................................................................................................................................................
36
27.1 Terms of Agreement......................................................................................................................................36
27.2 Contract Amendments..................................................................................................................................36
AppendixA- Wage Rates...........................................................................................................................................37
Appendix B - Stand-by Assigned Employees.............................................................................................................40
Page 3 of 40
ARTICLE 1- RECOGNITION
1.1 INCLUDED POSITIONS:
Exhibit A
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.
Part time Library staff: Two (2) Part -Time Librarians may work up to 25 hours/week and be exempt from
health benefits coverage (not transferable to other departments).
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
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.
ARTICLE 2 - UNION RIGHTS
2.1 UNION DUES:
The City agrees to deduct the Union membership dues and other authorized fees or
assessments from the pay of those employees who have affirmatively consented to- and
authorized such deductions in writing. Unless otherwise required by law, affirmative consent
and authorization for the deduction of membership dues will be evidenced by the Union
providing the City with a copy of any new member's signed AFSCME Local 642 membership card.
Union dues will be deducted from each employee's paycheck and disbursed to the Union on
schedule with the City's biweekly pay period. The aggregate deductions of all employees shall be
remitted by Automatic Clearing House (ACH) transfer to AFSCME by the tenth (10th) day after
such deductions are made.
Page 4 of 40
Exhibit A
Along with the remittance of employee deductions, the City shall also provide electronic
employee list(s) to the Union by the tenth (10th) day after deductions are made. Such list(s)
shall include: all new and terminated employees in the bargaining unit, the listed names of
employees with first and last name in separate columns, the employee's ID, address, date of
birth, job title, and the employee's membership dues amount contribution for the subject pay
period.
4. Employees are subject to the terms of their Union membership. The amount of dues to be
deducted for Union -represented employees shall be indicated by the Union to the City in writing
and shall be effective on the date indicated by the Union.
5. 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:
The Union shall provide the City with an updated list of authorized representatives, who shall number
no more than two at any one time. Union activities will normally be carried on outside of working hours.
Use of any City location deemed a public facility shall be available to the Union on the same basis as any
other organization.
Reasonable access to employee work locations shall be granted to the authorized representative,
provided the visit does not interfere with the normal operations of the department or with established
safety or security requirements.
2.3 STEWARDS:
The Union shall make a diligent effort to have in place a minimum of two and up to 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 one 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 Representatives 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, Union social and charitable activities, and posting of
official Union publications.
Page 5 of 40
Exhibit A
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 DISTRIBUTION:
The City shall, at no cost to the Union, provide the Union with the original paper and digital 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 ADDRESSES:
The City will provide current home addresses it has on record for all bargaining unit employees each
fiscal year at the request of the Union.
ARTICLE 3 - NON-DISCRIMINATION & ANTI -HARASSMENT POLICY
The City maintains a Non -Discrimination Policy and Procedures to address workplace harassment,
discrimination, and retaliation that violates state and federal law. This policy document was most
recently adopted in January 2017, with a commitment from the City to review the policy every three
years or as state and federal regulations are revised and necessitate a change in the policy or
procedures.
It is recognized that both state and federal law provide the means for resolution of discrimination and
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.
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. 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 showing workdays, shift assignments,
and work hours will not be changed without fourteen (14) calendar days written notice to 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.
Page 6 of 40
Exhibit A
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.
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 grieve -able 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:
Part-time employees are included under the provisions of this Article as it is applicable to their work
assignments.
ARTICLE 5 - HOLIDAYS
5.1 HOLIDAYS OBSERVED:
Employees shall receive the following paid holidays:
New Year's Day
January 1
Martin Luther King Day
Third Monday in January
Presidents Day
Third Monday in February
Memorial Day
Last Monday in May
Fourth of July
July 4
Labor Day
First Monday in September
Veterans Day
November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Day Friday after the fourth Thursday of November
Christmas Eve last half of the shift on December 24
Page 7 of 40
Exhibit A
Christmas Day 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:
Eligibility for holiday pay shall require 90 calendar days of employment.
If an employee's scheduled day off falls on such holiday, he or she shall be granted a holiday with pay to
be taken at the mutual convenience of the employee and the City.
Whenever a holiday occurs during an employee's authorized leave with pay, eight (8) hours of such
leave shall be charged to holiday time.
Employees required to work on a recognized holiday shall be compensated for all hours worked on the
holiday at one and -one-half times (1-1/2) times their regular rate of pay, 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 choose one of
the following options:
1. Receive eight (8) hours of holiday pay and charge two (2) hours against any of the employees
accrued leave, except sick leave;
2. Receive eight (8) hours of holiday pay and forfeit two (2) hours of pay;
3. Change to a work schedule of five 8 -hour days for the entire week. To select this option the
employee must notify the supervisor at least seven (7) days in advance of the start of the work
week and receive approval from the supervisor to do this; or
4. With the supervisors' approval, work two (2) extra hours during the same work week. These two
(2) extra hours will be paid at the employee's regular 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. In the case where
Christmas Day falls on a Monday, Christmas Eve will be observed on the preceding Friday.
ARTICLE 6 - VACATION
6.1 VACATION ACCRUAL:
Full-time employees shall accrue working days of vacation per calendar year outlined below.
Page 8 of 40
Exhibit A
Accrued vacation shall be credited as earned 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. Employees who are unable to use vacation due to unusual or
catastrophic circumstances, the City's operational needs, or due to a medical or worker's compensation
leave where sick leave use is required first, may be allowed an exception to the maximum accrual rule,
provided all other options are exhausted and a request is made to the employee's Department Director
and the HR Director.
The City may initiate a mandatory vacation of 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.
Vacation accrual schedule
An employee will, upon successful completion of their probationary period be credited with 44 hours of
vacation. Below is the table of the vacation accrual schedule.
Length of Service Full -Time Hourly Accrual Per Month
Full -Time Days Per Year
Max Accrual in .. ys
7-24 months -Up to year 2 7.34 hours
11 days
22 days
25-48 months - Begin of
g hours
12 days
24 days
year 3 to end of year 4
49-72 months - Begin of
10 hours
15 days
30 days
year 5 to end of year 6
73-108 months - Begin of
11.34 hours
17 days
34 days
year 6 to end of year 9
109-156 months - Begin of
12 hours
18 days
36 days
year 10 to end of year 13
157-168 months - Begin of
13.34 hours
20 days
40 days
year 13 to end of year 14
169-228 months - Begin of
14 hours
21 days
42 days
year 15 to end of year 19
229-240 months - Begin of
14.67 hours
22 days
44 days
year 20 to end of year 20
241-252 months - Begin of
15.34 hours
23 days
46 days
year21 to end of year 21
253-264 months - Begin of
16 hours
24 days
48 days
year 22 to end of year 22
265 + months - 23+ years
16.67 hours
25 days
50 days
6.2 VACATION UTILIZATION:
Starting on the 1st 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 signup register. Such register shall be
posted/circulated to employees in the order of their seniority, beginning with the most senior
Page 9 of 40
Exhibit A
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 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.
In the event that the City Administrator closed one or more the City's operations center(s) due to
inclement weather, all employees affected by the closure will receive the same benefit of paid hours if
paid hours are available.
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 deceased is paid to the estate/spouse.
ARTICLE 7 - SICK LEAVE
7.1 SICK LEAVE 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 prorate 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 SICK LEAVE UTILIZATION:
If any employee is unable to work his or her regularly scheduled work day(s) by reason of illness or
injury, accrued sick leave shall be applied subject to the following limitations:
1. 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.
Page 10 of 40
Exhibit A
2. Industrial Accidents: Employees who become eligible for worker's compensation benefits and
who are off work due to a compensable injury shall be allowed to use accrued sick leave to
supplement the worker's compensation so as to receive their regular gross wage. Employees
can also use sick leave for the three (3) day waiting period for worker's compensation benefits.
Doctor's Certification: They City may, through the employee, request verification from the
employee's health care provider that substantiates the injury or illness preventing the employee
from working. An employee may be required by their department head or designee to provide a
release to return to work form the employee's health care provider upon injury or illness.
4. Family Illness: Employees may use their allowance of sick leave when unable to perform their
work duties by reason of illness or injury, or by serious illness or disability in their immediate
families requiring the presence of the employee, or any other purpose provided by FMLA, OFLA,
or Oregon SB 454 (2015) for such period as the employee has accrued sick leave. 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.
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.
7.3 SICK LEAVE LIMITATIONS:
1. New Employees: Sick leave shall not be available for utilization until after 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.
7.4 FMLA/OFLA SICK LEAVE:
Employees, who meet the requirements, may be eligible for federal or state protected leave such as the
Family Medical Leave Act (FMLA) and Oregon Family Medical Leave Act (OFLA).
ARTICLE 8 - INSURANCE AND RETIREMENT BENEFITS
8.1 LONG-TERM DISABILITY ("LTD") INSURANCE:
The City shall provide a long-term disability insurance benefit that insures sixty-six and two thirds
percent (66 2/3%) of the employee's gross base salary at the time of disability or illness, if the employee
Page 11 of 40
Exhibit A
is disabled or becomes ill and is unable to work. This coverage shall provide protection when ninety (90)
calendar days have elapsed from the time of injury or illness. Benefits paid by LTD insurance are not
considered City paid leave or City paid time. Employees on LTD who have exhausted all paid leave will be
placed on leave without pay status. The employee on leave without pay status may at their own
expense purchase health insurance coverage as allowed by law.
If the provisions of this Section 8.1 conflict with the actual policy language or the decision of the insurer,
the policy and/or the insurer's decision shall prevail and such matters shall not be subject to the
grievance procedure.
8.2 MEDICAL DENTAL VISION INSURANCE:
The City agrees to offer two Health plans from which employees may choose; The Kaiser Plan or the
Regence Blue Cross High Deductible Health Plan (with a Health Savings Account (HSA)). Kaiser
participants will not be eligible for the HSA account.
The City's contribution for eligible employees and their eligible dependents (as defined by the Plan
Administrator) shall be 85% of the monthly premiums for City -offered health insurance (medical, dental,
and vision), plus the Health Savings Account contribution for Regence Blue Cross participants only as
outlined below. Employees are eligible to enroll in the City -offered health insurance if the employee is
regularly scheduled to work 20 or more hours per week. For part-time employees regularly scheduled to
work 20 or more hours per week, the City's contribution to the HSA and the medical plan premiums
shall be prorated based on the budgeted FTE of the position.
Funding for all employees enrolled in the Regence Blue Cross High Deductible Plan to the employee's
HSA account will be 100% of the deductible.
Employees eligible to receive City contributions to their HSA account, will receive payments from the
City on a bimonthly basis on schedule with the employee's pay period. The amount of the bimonthly
contribution will equal the deductible total, based on the employee's health plan level, divided by
twenty-four (24) pay periods over the year. As with the employee health coverage premium, there will
be two (2) pay periods annually for which no contributions will be made.
It is also noted that the insurance coverage's run on a calendar year and therefore funding to the HSA
will also be as per calendar year in concurrence with the insurance plan duration.
All employees regularly scheduled to work 20 or more hours per week are required to participate in the
health insurance program unless the employee can prove they have attained medical insurance
coverage via an alternative means. In which case, employees may opt out of the Plan and receive a
$50.00/month incentive from the City. In order for the City to offer the opt out, the following must
apply:
The employee and dependents shall be enrolled in another employer's group health plan (e.g. a
spouse's employer group plan) that provides minimum essential health coverage as required by
the Affordable Care Act, and the employee shall provide documentation of such enrollment
upon each annual opt -out election and upon City request.
2. The City will randomly audit employees who opt out of the City medical insurance program. Any
employee who has opted out of the program and does not have and/or maintain group
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Exhibit A
coverage will be required to pay back any incentive pay they have received for the entire
contract period regardless of when their coverage ceased.
For any employee regularly scheduled to work over 30 hours per week who is ineligible to participate in
the HSA program because of Federal rules, an HRA (Health Reimbursement Account) funded through a
VEBA (Voluntary Employee Beneficiary Association) Plan with an equivalent contribution from the
Employer may be made on behalf of the employee. Contributions on behalf of each eligible employee
shall be based on the following selected funding sources/formulas:
Contributions for employees who are HSA ineligible. Eligibility is limited to employees who are
ineligible to receive and/or make contributions into a health savings account due to other first -
dollar/ non -high deductible health plan coverage or Medicare. Such employees will receive a
contribution into an HRA VEBA account instead of an HSA.
2. If an employee becomes HSA eligible in subsequent plan years (e.g. is no longer covered under
another non -high deductible health plan), the city will establish and make contributions into an
HSA and cease contributing to the employee's HRA VEBA account. If the employee has a balance
in their HRA VEBA account, they will be required to fill out an "election of limited plan coverage"
form for their HRA VEBA account so that they are eligible to receive and/or make contributions
into their HSA
REOPENER
The above conditions related to contributions for health insurance plans shall remain in effect through
Dec. 31, 2020. The City and Union agree to reopen this Section 8.2 to permit the parties to renegotiate
the economic provisions and cost sharing impacts of any health plan changes that would take effect
beginning on January 1, 2021.
Additionally, if the deductible and/or out of pocket maximums change as per plan documents during the
duration of this contract and beyond the control of the City, the Union and the City agree to meet and
discuss those changes and how that may or may not affect the City funding for such plans.
8.3 LIFE INSURANCE:
The City shall provide the following life insurance benefits for the duration of this Agreement:
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 as long as they
maintain benefit eligible status. The employee portion of the premium will continue to be deducted
from their pay. Premiums for benefits are paid one (1) month in advance.
Coverage will continue during authorized protected leave whether paid or unpaid. For authorized
unpaid leave, employees may elect to continue coverage at their own expense through COBRA. The City
shall comply with all state and federal laws on COBRA benefits. Health plan participants no longer
Page 13 of 40
Exhibit A
eligible for coverage, may be eligible to purchase coverage under the City's health insurance program in
accordance with federal and state laws.
8.5 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 while the employee is on concurrent FMLA leave.
8.6 RETIREMENT:
For the duration of this Agreement, the City shall continue the current retirement plan offered through
the Public Employees Retirement System (PERS).
1. Retirement Contributions. On behalf of employees, the City will continue to "pickup" the six
percent (6%) employee contribution payable as the law requires.
Effect of Changes in Law. In the event that the City's payment of a six percent (6%) employee
contribution under Section 1, as applicable, must be discontinued due to a change in law, valid
ballot measure, constitutional amendment, or a final, non -appealable judgment from a court of
competent jurisdiction, The City shall increase by six percent (6%) the base salary for each
classification in the salary schedules in lieu of the pick-up. This transition shall be done in a
manner to assure continuous payment of either the pick-up contribution or a six percent (6%)
salary increase.
For the reasons indicated above, or by mutual agreement, if the City ceases paying the
applicable pickup and instead provides a salary increase for eligible bargaining unit employees
during the term of the Agreement, and bargaining unit employees are able, under the existing
law, to make their own six percent (6%) contributions to their PERS account or the Individual
Account Program account, as applicable, such employees' contributions shall be treated as "pre-
tax" contributions pursuant to Internal Revenue Code, Section 414 (h)(2).
ARTICLE 9 - PREMIUM PAY
9.1 OVERTIME:
Employees, who are eligible for overtime pay under the Fair Labor Standards Act (FLSA), and 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 (1/4) hour.
Overtime pay shall be based on the actual number of hours on duty per day or week, except that three
(3) hours of overtime will be guaranteed in instances of either emergency callback or for Stand-by
callback (see 9.2. below). Emergency call-back shall include, but shall not be limited to instances when
Page 14 of 40
Exhibit A
an employee has physically left the work site, is on the way home from work, and is called to return to
work. Hours worked on City property as a result of a callback excludes travel time, which is unpaid.
Overtime pay shall also be paid at the emergency call-back rate to employees that trouble shoot from
home using an electronic device who would otherwise, except for use of said device, be required to
return to the work site to resolve an emergency. Thirty (30) minutes of overtime will be guaranteed it
instances where an employee troubleshoots from home using an electronic device.
The overtime rate shall be time -and -one-half the regular rate of compensation, in the form of either
compensatory time or pay.
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 653.269, the provisions of ORS 653.268 shall not apply to the
employees covered by this Agreement.
9.1.1 COMPENSATORY TIME:
Unless otherwise prohibited by state or federal law, employees may elect to be compensated for
overtime either in the form of pay or compensatory time off. Compensatory time off in lieu of overtime
pay shall accrue at the rate of one and one-half (11/2) hours for each eligible overtime hour worked.
Employees may accrue a maximum of forty (40) hours of compensatory time off between January 1st
and November 30th of each calendar year. By the last day of each calendar year (Dec. 31), the City shall
pay out to applicable employees any accrued and unused compensatory time off earned.
Accrued compensatory time may be used by the employee in the same manner and in conjunction with
accrued vacation time. The foregoing shall not preclude the possibility of the City denying requested
compensatory time off to an employee or several employees when such denial is due to operational
requirements of the given department or division.
Upon the termination of a regular employee, he or she shall be paid for all unused compensatory time
off at his or her current rate of pay. In case of death, compensation for accrued compensatory time off
shall be paid in the same manner the salary due the deceased is paid to the estate/spouse.
9.2 STANDBY:
Stand-by Responsibilities:
Subject to program needs and budget limitations, the City may assign certain bargaining unit employees
to "Stand-by Required" positions. The determination of the number, qualifications, and the assigned
individuals is the sole and exclusive determination of management. Stand-by positions are ones that
require an employee to receive emergency phone calls during the evenings or weekends outside their
normal working hours, and respond to such emergencies either remotely or in-person over the course of
a weekly assignment.
Stand-by duty "standards" are required to be met by any employee assigned to Stand-by duty and
include the following:
Page 15 of 40
Exhibit A
1. Employee shall be immediately accessible by telephone or other agreed to device at all times
while on Stand-by.
2. The employee shall respond within 15 minutes of a call out and be on City property within 60
minutes of the original call out for service.
Employees must be in "duty ready" condition; this means strict adherence to the substance
abuse policy. In the event an employee is taking medications while on Stand-by by duty the
employee has a responsibility to immediately report such condition to his/her supervisor
immediately.
A failure to fully adhere to the Stand-by standards listed above will result in the employee losing its
Stand-by compensation for the subject assignment period and may result in the employee being subject
to discipline.
Scheduling:
Management will use its best efforts to schedule Stand-by duties on a rotational basis and based on
operational needs not less than three (3) months in advance. Management will schedule Stand-by duty
assignments to be on a weekly basis. No employee shall be scheduled for more than seven (7)
consecutive days until they have had fourteen (14) consecutive days without a Stand-by assignment,
except in cases of an emergency.
The City shall schedule those employees currently assigned and serving in Stand-by required positions to
a minimum of twelve weeks of Stand-by duties per calendar year through December 31, 2021, provided
the employee meets fitness for duty requirements and is available for assignments (see attached
Appendix B for a list of subject employees). If, prior to December 31, 2021, a subject employee is
voluntarily removed from the Stand-by schedule that employee thereafter relinquishes the right to the
twelve weeks of guaranteed assignments provided for by this section.
Stand-by assignments made by management shall be tracked on a calendar year basis. Employees may
voluntarily "swap shifts" provided the employees' immediate supervisor is informed of the swap in
writing at least ten (10) days in advance of the proposed swap.
Whenever an unforeseen event occurs requiring a variation from the posted schedule, management will
attempt to remedy such occurrences by asking for volunteers first; then by assigning duty by inverse
seniority second. If management still cannot adequately meet the Stand-by shifts needed, due to an
emergency and/or unforeseen need then additional Stand-by assignments may be made to employees
not normally assigned.
Notwithstanding the above, the intent of management is to fairly schedule Stand-by duties to bargaining
unit employees to the extent practical.
Right -to re -assigns:
It is agreed by all parties to this agreement that the assignment of employees to "Stand-by required" is
recognition of quality superior work performance. Accordingly, if management determines that an
employee is no longer performing at such a standard then nothing in this agreement will preclude the
reassignment of a different employee.
Page 16 of 40
Exhibit A
Compensation:
Beginning December 29, 2019, Employees assigned to Stand-by duties shall be compensated for each
weekly Stand-by assignment as follows:
• For those employees named in Appendix B: 13 hours pay at the employee's regular rate
• For all other assigned employees: 10 hours pay at the employee's regular rate
If a subject employee named in Appendix B is voluntarily removed from the 12 -weeks per year Stand-by
schedule that employee thereafter relinquishes the right to the thirteen (13) hours pay provided for by
this section and will thereafter only be compensated at the ten (10) hour rate for any future Stand-by
assignments.
Employees that are on Stand-by for less than a seven (7) -day period will be paid a daily pro -rated
amount of the weekly compensation rate. Payments for Stand-by assignments will be made through
regular payroll.
9.3 ACTING -IN -CAPACITY & WORKING OUT OF CLASS:
The City maintains an Acting -in -Capacity and Working out of Class Policy within its HR Rules (Sections
5.4.2.4 & 5.4.2.5). This policy document was most recently adopted in March 2018, with a commitment
from the City to review the policies as part of the HR rules every five years or as state and federal
regulations are revised and necessitate a change in the policy or procedure.
During the duration of this contract, the City agrees not to make unilateral changes to these policies.
ARTICLE 10 - REST PERIODS/LUNCH PERIODS:
All employees shall be granted a fifteen -minute (15 -minute) rest period during each one-half (1/2) shift,
except in emergency situations. Rest periods shall be taken at approximately the middle of each one-
half (1/2) shift as designated by the supervisor. All employees shall be granted a lunch period of not less
than one -half-hour (1/2 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.
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 a leave of absence not to exceed five (5)
working days without loss of pay, to be used within six (6) months. This leave shall be separate from sick
leave and shall not accumulate from year to year. Additional unpaid bereavement leave may be
available to qualifying employees under the Oregon Family Leave Act (OFLA). Employees may use
accrued leave while using bereavement leave that is not City -paid. City -paid bereavement leave runs
concurrently with OFLA.
Page 17 of 40
Exhibit A
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:
Military leave with or without pay shall be provided in accordance with applicable State and Federal
statutes.
11.4 LEAVE WITHOUT PAY:
Upon the written request of an employee to the department head, 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.
ARTICLE 12 - WAGES
12.1 WAGE RATES:
1. Effective June 30, 2019, employees covered by this Agreement shall be compensated in
accordance with the wage schedule attached to this Agreement and titled as Appendix A —
Wage Rates FY 2019-2020.
Any employees who would see a decrease in their classification grade as a result of this wage
schedule will be "red circled" or "frozen" until such time as future COLAs applied to the wage
schedule provide for an increase to the employee's current rate of pay.
2. Effective June 28, 2020, positions included in the wage schedule will receive a COLA increase of
three percent (3%).
3. Effective June 27, 2021, positions included in the wage schedule will receive a COLA increase of
three percent (3%).
Page 18 of 40
Exhibit A
At the beginning of each fiscal year, the City will update the wage schedule by applying any contracted
annual COLA increases and other agreed upon classification changes during the contract period and will
post the updated wage schedule online.
12.2 PAY PERIODS/PAY DAYS:
The pay period for purposes of calculating overtime shall be from Sunday, 12:00 am through Saturday
11:59 p.m.
The City shall pay on a biweekly basis for a total of 26 pay periods per calendar year.
Time keeping shall be maintained via an electronic time keeping system. It is the responsibility of each
employee to clock in (enter) their actual time worked within the system accurately and timely. Any
employee found to have reported time inaccurately may be subject to disciplinary action up to and
including termination.
Unless expressly authorized by an immediate supervisor, time record entries shall not be made from an
off-site work location. All cell phone entries must be pre -approved by the employee's immediate
supervisor.
ARTICLE 13 - DISCIPLINE AND DISCHARGE
13.1 DISCIPLINARY ACTION:
By way of illustration but without limitation, disciplinary action shall include the following:
Written reprimand.
o 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.
o Written reprimands not involving other disciplinary action, upon request of the employee,
shall be removed from an employee's personnel file at the end of five (5) years from the
date the written reprimand was issued, provided subsequent disciplinary action has not
been taken during the intervening period of time, and there are not subsequent concerns
of a similar nature or ongoing investigations into the employee's conduct. Documents
removed from an employee's personnel file as a result of an employee request will be
placed in a confidential file maintained by the Human Resources Director. Such
documents will not be used against an employee for the purpose of establishing
progressive discipline, but may be used in any arbitration and civil proceeding for the
purpose of establishing consistency of disciplinary action, lack of discrimination, the
existence of mitigation circumstances, and compliance with legal obligations.
2. Suspension without pay.
3. Temporary reduction in pay to a lower step within the established pay range for the employee's
classification.
4. Demotion.
5. Discharge.
Page 19 of 40
Exhibit A
Verbal or oral warnings or similar supervisory counseling, even if reduced to writing, may also be given
to employees, but such shall not be considered disciplinary action, inasmuch as such counseling will not
be placed in the employee's personnel file and the employee experiences no loss of compensation as a
result thereof. A counseling can be maintained in a supervisory file to be reviewed as part of an
employee's annual evaluation, but will be considered stale upon completion of the annual evaluation
13.2 DUE PROCESS:
Due process shall require that the following steps be accomplished before any decision to take
disciplinary action is finalized:
1. The employee will be informed of the charges in writing and given the 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:
The City shall not take disciplinary action against an employee under this Article 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. This provision does not apply to existing regular
employees who have previously completed a probationary period with the City and enter into a
probationary period through promotion or transfer.
ARTICLE 14 - SENIORITY
14.1 DEFINITIONS:
Effective with this Agreement seniority shall be defined as an employee's continuous length of service
with the City from his/her last date of hire. Seniority as used in this Agreement means the length of
continuous employment with the employer. In most cases, seniority shall be looked at for full time
employees first and then part-time employees second. An employee's total hours accumulation of
Page 20 of 40
Exhibit A
straight time compensable hours will be the basis of exercising seniority rights throughout this
Agreement unless specifically exempted by Article. Seniority shall accrue by hours paid. An employee
shall lose all seniority credit in the event of a termination/resignation or failure to return from an
expired leave of absence.
14.2 SENIORITY LIST:
The City will provide the Local Union President with a copy of the seniority list at the beginning of each
fiscal year. Prior to the initiation of any layoffs an up to date seniority list will be provided to the local
union and council representative.
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 open positions may submit a request in writing to
their immediate supervisor. The request shall state the reason(s) for the desired transfer to another City
department having the same pay grade or lower. There must be an agreement between the
Department Head for the position being exited and with the Department Head of the department being
entered. Nothing shall prevent the City from an outside hire if Management deems there are other
more qualified candidates for an existing opening.
14.5 JOB POSTING AND SENIORITY:
All bargaining unit job vacancies will be posted on the City website as well as other sources as
appropriate for the available position(s). For position(s) within the bargaining unit, incumbent
employees who are members of the bargaining unit and who are qualified, or can be reasonably
assumed to become qualified for the position within a mutually agreeable time frame, shall be
guaranteed an interview for a posted position they apply to. The incumbent employees are required to
follow all application instructions as posted.
ARTICLE - 15 PROBATION
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 twelve (12) full
months, which may by written notice to the employee prior to the completion of the initial twelve-
month (12 month) period be extended for up to three (3) additional months.
Page 21 of 40
Exhibit A
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.
Employees who as a result of a layoff or reduction -in -force assume a new position must be able to
demonstrate proficiency in said position within sixty (60) days. An employee who has bumped from their
regular position and has failed to demonstrate proficiency in the new position within the 60 days may be
subject to layoff thereafter by the City.
15.1 VOLUNTARY DEMOTION:
Employees who, within 1040 hours following a promotion, voluntarily demote to their previously held
classification may return to the step of the 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.
ARTICLE 16 - LAYOFF
16.1 DEFINITION:
A lay off is a reduction in the number of full time positions within the City's workforce.
16.2 PROCEDURE:
It is the intent of the City of Woodburn to provide and maintain as many full time employment positions
as practical. However in the event of a layoff, notice of not less than 45 calendar days (a Layoff
Mitigation Review Period) will be given to the Union and the employees the City intends to lay off.
During the Layoff Mitigation Review Period, the employer shall, in good faith, meet with the Union and
consider various alternatives as offered by the Union to a reduction -in force for all affected
departments. Probationary, temporary, seasonal and limited assignment/duration employees shall be
reduced in hours or laid off first; the remaining workforce shall be composed of a minimum number of
part-time employees and regular full time employees. Nothing in this Agreement shall prohibit the
parties from agreeing to a temporary alternative arrangement in lieu of a normal layoff as outlined in
this Agreement.
If the City reduces its work force through layoffs, said layoffs shall be accomplished for each pay grade
within an effected department, layoffs shall be made within each job grade by department by seniority,
with the least senior employees being the first laid off. The City may make exception to a 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 or "bump" employees in equal or lower
paying job grades provided that they have seniority and the minimum qualifications as specified in the
most recent job description.
Page 22 of 40
Exhibit A
If the employee cannot "bump" into a position as outlined above, and the employee has no prior City
service in the job to which he/she is to be assigned, a probationary period as outlined in Article 15 shall
be required. A reduction from fulltime to part-time for the same job shall not incur a new probationary
period for an employee. In no event may a layoff result in an employee being placed into a higher
paying job than the job the employee held prior to the layoff.
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.
Laid off employees shall be recalled only by certified letter, return receipt requested and shall have ten
(10) business days from receipt of such notification in which to inform of their intent to return to work.
Thereafter, the employee must be available to be placed on a schedule buy the 15th business day. In no
event can replacement to the regular work schedule (20 days) from the day the original call back is
received to the last mailing address. An earlier reporting date may be agreed by mutual agreement.
Employees will have recall rights on the following basis;
1-5 years of continuous service — 12 months
5+ years of continuous service — 24 months
The above time limit may be waived by all parties if mutually agreed upon by all parties involved.
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:
1. It shall be the employee's responsibility to launder and to otherwise maintain the uniform in a
proper manner.
Uniforms or any portion thereof shall not be worn except while on duty or while in transit to or
from the job.
3. 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 23 of 40
ARTICLE 18 - GRIEVANCE
18.1 DEFINITION:
Exhibit A
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:
Employees are highly encouraged to discuss any contract dispute with their direct supervisor with the
intent of resolving the issue before resorting to the grievance process. In an effort to provide for a
peaceful procedure for resolution of disputes the parties agree to the following procedure when the
issue cannot be resolved between the employee and the supervisor.
Grievances shall be initiated and processed in the manner provided in this agreement. The parties
mutually acknowledge the procedures outlined in this agreement to be the exclusive and binding
process for the resolution of grievances.
STEP I:
The employee, and his/her Union Business Representative or Steward, will file a written grievance with
the employee's immediate Supervisor within 20 working days of the occurrence of the grievance or the
date that the employee should have first known the facts upon which the grievance is based. The
grievance shall contain:
1. A statement of the action or lack of action on the part of the City that is the cause for the
grievance.
2. A statement as to the specific contract Article or Articles with Section and/or paragraph that was
violated.
The specific remedy or alternative remedies that the City must take to correct the alleged
contract violation.
Any grievance referred on the basis of past practice must cite the specific practice involved. The
Supervisor will respond to the employee and his/her Union representative or Steward in writing within
ten (10) working days of receiving the grievance.
STEP II:
If the grievance remains unresolved at Step I, it must be submitted in writing to the Department Head
within ten (10) working days of Step I response. The Department Head may meet with the employee's
immediate Supervisor and the aggrieved party and his/her Union representative or Steward. The
Department Head shall respond to the grievance in writing within ten (10) working days to the
employee and his/her Union Representative or Steward.
STEP III:
Individual grievances that remain unresolved at Step 11, must be submitted in writing to the Human
Resources Director within ten (10) working days of the receipt of Step II response. The Human Resources
Director shall respond to the grievance in writing within ten (10) working days to the employee and
his/her Union Representative or Steward.
Page 24 of 40
Exhibit A
For Group grievances initiated by the Union, the grievance must be submitted in writing to the Human
Resources Director within thirty (30) working days of the occurrence of the violation or the date that the
affected employees or the Union Representative should have first known the facts upon which the
grievance is based.
A meeting shall occur as soon as possible, but in no event longer than ten (10) working days from the
date of referral by the Union to the Human Resources Director and the Department Head. The entire
issue giving rise to the grievance will be reviewed. The Human Resources Director shall respond to the
grievance in writing within ten (10) working days of the meeting to the employee and his/her Union
Representative or Steward.
STEP IV:
If the grievance remains unresolved at Step III, it must be submitted in writing to the City Administrator
within ten (10) working days of receipt of Step III response and a copy shall be sent to the Human
Resources Director. The City Administrator (or his/her designee) shall meet with the aggrieved party and
Union Representative or Steward within ten (10) working days. The City Administrator shall respond to
the grievance in writing within ten (10) working days of the meeting to the Union Representative or
Steward, with a copy also being sent to the grievant. If the issue still remains unresolved it may be
referred to arbitration (with the exception of written reprimands).
STEP V:
If the grievance remains unresolved at Step IV, it must be submitted to arbitration in the following
manner:
1. The Union shall provide the City with written notification of intent to proceed to arbitration
within ten (10) working days of the conclusion of Step IV.
2. The Union and the City shall have ten (10) working days from the date of such notification to
reach a mutual agreement upon an arbitrator.
3. If the Union and the City fail to agree upon an arbitrator within the ten (10) day period, the
Union will request a list of seven (7) arbitrators to the State of Oregon Mediation and
Conciliation Service. The arbitrators shall reside in the States of Oregon or Washington. Starting
with the Union the parties shall alternately strike one name from the list until only one name
from the list remains.
4. The City and the Union shall have ten (10) days from the date of receipt of the list of arbitrators
to select the arbitrator.
18.3 LIMITATIONS ON ARBITRATION:
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.
Page 25 of 40
Exhibit A
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. Both parties agree that if access to the
transcript/recording is requested by only one party and then a subsequent right of access is made by the
opposing party not originally made said arrangement, then the opposing party must compensate the
original party for 50% of the incurred cost before access to the transcript/recording is made available.
It is specifically and expressly understood and agreed that taking a grievance appeal to arbitration
constitutes an election of remedies. Specifically, the Union 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. And thereby allow the Union to proceed to the
next step within the applicable time limit. 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
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:
1. To determine the services to be rendered to the citizens of the City.
2. To determine and to follow the City's financial, budgetary, and accounting procedures.
3. 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.
4. 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.
5. 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 abolish positions or reorganize departments;
Page 26 of 40
Exhibit A
the right to determine schedules of work; the right to purchase, dispose of and assign
equipment or supplies.
6. To determine the need for a reduction or an increase in the work force and the implementation
of any decision with regard thereto.
7. To establish, revise and implement standards for hiring, classification, promotion, quality of
work safety, materials, and equipment.
8. To implement new and to revise or discard, wholly or in part, old methods, procedures,
materials, equipment, facilities and standards.
9. To assign shifts, workdays, hours of work and work locations.
10. To assign and designate all work duties.
11. To introduce new duties within the unit.
12. To determine the need for and the qualifications of new employees, transfers and promotions.
13. To discipline, reprimand, suspend and discharge an employee subject to the discipline Article of
this Agreement.
14. 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.
15. 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 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:
1. Thirty (30) days following the receipt by the Union of all material specified in #1 above; and
2. 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.
Page 27 of 40
Exhibit A
The City may use non -paid volunteers without following the procedural steps outlined above, and
without a duty to bargain over the decision or the impact of such decision. The City has no intent to
modify 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.
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 orjoin 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.
ARTICLE 21- SUBSTANCE ABUSE
Substance Abuse Policy
This Substance Abuse Policy is effective upon execution of the Agreement and applies to all AFSCME
represented employees. In addition to this Policy, AFSCME represented employees in what are
determined to be 'safety sensitive' positions are subject to the requirements of state and federal law.
Page 28 of 40
Exhibit A
Purpose
The City has a strong commitment to its employees to provide a safe work environment and promotes
high standards of employee fitness. Consistent with the intent of this commitment, the City established
this policy regarding drugs and alcohol.
While the City has no intention of interfering with the private lives of its employees, the City expects its
employees to report to work in a condition to perform their duties in a safe, effective and efficient
manner. All persons covered by this policy should be aware that violations of this policy will result in
discipline, up to and including termination, or in not being hired.
The parties to this Agreement understand that with the passage of measure 91 (Legalization of
Marijuana), that the law intended no new employment rights. The parties further agree that there are
no changes to the enforcement of the substance abuse policy by the City.
Definitions
CDL Federal Commercial Driver's License Standards
EAP Employee Assistance Program
THC The principal psychoactive constituent of the cannabis plant (marijuana)
PCP Commonly initialized as PCP and known colloquially as angel dust or wet, is a
recreational dissociative drug
BAC Blood Alcohol Content
NIDA National Institute of Drug Abuse
GCMS Gas chromatography—Mass spectrometry (GC -MS) is a method that combines
the features of gas-liquidchromatography and mass spectrometry to
identify different substances within a test sample
SAP Substance Abuse Professional
Scope
For the purpose of this Policy, "drugs" is defined as all controlled substances including but not limited to:
opiates, cocaine, marijuana (THC), phencyclidine (PCP), amphetamines/ methamphetamines and
barbiturates. However, "drugs" does not include prescription and over-the-counter medications that are
lawfully prescribed and used in a manner consistent with a physician's instructions and/or medication
warnings.
Employees who violate this Policy conduct will be subject to discipline, including discharge.
Prohibited Conduct
The following conduct is strictly prohibited:
1. Buying, selling, consuming, distributing or possessing drugs or alcohol during working hours,
including rest and meal periods.
Reporting for work or returning to duty under the influence of alcohol or drugs. For the purpose
of this Policy, an employee is considered to be "under the influence" of alcohol if his/her alcohol
concentration is .04 BAC or more. Alcohol concentration levels measuring less than .04 BAC are
considered a negative test result. An employee is considered to be "under the influence" of
drugs, if the employee tests positive for having such substances present in his/her body.
Page 29 of 40
Exhibit A
3. Consuming drugs or alcohol while on Stand-by as defined by this Agreement. If an employee is
on Stand-by and has used any prescription or nonprescription medications which may interfere
with the safe and effective performance of duties or operation of City equipment or vehicles,
the employee is required to notify his or her supervisor prior to responding to a call for service.
4. Failure to report an arrest, conviction and/or plea-bargain for an alcohol or drug-related criminal
offense to the employee's supervisor within 10 days after the arrest conviction or plea bargain
occu rs.
Failure to disclose use of over-the-counter or prescribed medication containing a controlled
substance that may influence behavior and/or one's ability to safely perform one's job.
Any determination of a positive substance abuse test for any substance will be on the same basis used
for the Federal CDL Standards.
Disclosure of Medications
Employees are responsible for consulting with their physicians and carefully reviewing medication
warnings, including any warnings pertinent to the effects of use of a combination of medications.
Employees who are using over-the-counter or prescribed medications which have any reported side
effects that could reasonably affect their ability to safely perform all essential job duties must notify
their supervisor of the substance taken and its side effects before reporting for work. Medical
verification of ability to safely perform job duties may be required before the employee is allowed to
continue his/her job assignment. Employees are eligible to utilize sick leave benefits pending receipt of
acceptable verification.
Although the use of prescribed and over-the-counter medication as part of a medical treatment
program is not grounds for disciplinary action, failure to fully disclose the use of substances which could
reasonably impair the safe performance of essential job duties; and/or illegally obtaining the substance
or use which is inconsistent with prescriptions or labels will subject an employee to disciplinary action.
Employee Testing
The Employer agrees to train all supervisors to recognize behaviors which may give rise to a suspicion
test request. It is agreed that the employer will regularly train supervisors as to the proper procedures
for dealing with a possible substance abuse and that this training will be provided, at minimum, once
every two years.
A supervisor may order an employee to immediately submit to a urinalysis test for drugs and/or a
breathalyzer test for alcohol whenever the City has reasonable suspicion to believe that the employee
has violated the provisions of this Policy concerning reporting to work or being at work "under the
influence" of drugs or alcohol.
"Reasonable suspicion" shall be defined as suspicion based on articulated observations concerning the
appearance, unusual behavior, speech, breath odor, body symptoms or other reliable indicators that an
employee has consumed drugs and/or alcohol in violation of this Policy.
For any employee holding a safety sensitive positions that requires a pre-employment substance abuse
test and who is off the job for more than 30 calendar days regardless of the cause then the employee
will be required to submit to the same test used for pre-employment testing before returning to work.
Page 30 of 40
Exhibit A
This means any leave for any reason in excess for more than 30 calendar days, including vacation in
excess of 30 days.
The City reserves the right to substance abuse test any safety sensitive employee involved in an on-the-
job accident incident.
Testing Procedures
1. All testing will be conducted at a laboratory certified by the federal DOT and shall be conducted
in accordance with the standards for procedural safeguards and testing integrity disseminated
by the NIDA. All drug tests will be conducted through collection of a split sample. All positive
drug tests will be confirmed by a second cross confirmatory test from the same sample using
GCMS testing methodology and reviewed by a Medical Review Officer before the test result is
reported as positive.
2. The residual specimen sample shall remain at the testing facility in frozen storage for a
minimum of 90 days from the date the test was conducted. This sample shall be made available
for testing to the employee or his attorney, should the original sample result in a legal dispute or
the chain of custody be broken.
3. Whenever there is a reason to believe that the employee may have altered, diluted and/or
substituted the specimen provided for the initial test that was not determinative, a second test
will be conducted. The second test procedures shall be identical to the first test procedures.
4. If no confirmatory test is requested by the employer, the employee will have the option of
having any remaining untested original specimen sent to a qualified and certified laboratory of
the employee's own choosing at the employee's expense for testing. If the second confirmatory
test results in a negative reading then said test shall be paid by the employer. Any testing shall
be in conformance with the original testing protocols.
5. All records pertaining to required drug and alcohol tests, as well as compliance with
rehabilitation terms shall remain confidential, and shall not be released, except on a need to
know basis, in accordance with applicable law. All documents pertaining to testing and test
results will be maintained in employee medical, not personnel, files.
Searches
The City reserves the right to conduct searches of City equipment or facilities generally, and may search
any area or item of City property (such as desks, files, lockers, cabinets, etc.), as well as personal
property brought onto City property consistent with applicable law. Personal property, such as brief
cases, lunch boxes, etc. brought onto City property, as well as lockers, may be searched when the City
has reasonable suspicion that alcohol or probable cause that drugs or drug-related paraphernalia may
be found.
Prior to a search, notice will be given to the employee, who may elect to be present with a Union
representative, if such presence does not delay the search in excess of forty-five (45) minutes.
Consequences of Violations
1. Employees who Report Dependencies and Seek Treatment before Committing a Policy
Violation.
Page 31 of 40
Exhibit A
Rehabilitation: The City encourages employees who have drug and/or alcohol dependencies or think
they may have such dependencies to seek assistance voluntarily. When an employee voluntarily reports
a drug or alcohol dependency to his/her supervisor and seeks assistance before violating this Policy, that
employee may be placed on a leave of absence or adjusted working hours to allow for in-patient or out-
patient rehabilitation treatment if recommended by a Substance Abuse Professional (SAP).
The employee will not be permitted to work until such time as a Substance Abuse Professional agrees
him/her:
a. Has been evaluated by a Substance Abuse Professional (SAP);
b. If recommended by the SAP, has complied with all rehabilitation/after-care prescribed;
and
c. Has a verified negative drug or alcohol test (as applicable).
In order to return to work for the City, an employee having sought assistance must agree to all
treatment, rehabilitation, after-care and follow-up testing as set forth in a written Rehabilitation and
Return to Work Agreement required by the City. Any employee who violates the terms of the
Rehabilitation Agreement or the Return to Work Agreement is subject to immediate termination. The
term of a said agreement shall be for 2080 straight -time hours worked.
The time an employee is off work undergoing rehabilitation is unpaid. However, employees may draw
their unused, accumulated sick leave, and/or vacation pay, holiday and compensatory time. Also,
employees who are receiving health insurance coverage will be eligible for continuation of health
insurance benefits with standard employee contributions as required by the Family Medical Leave Act.
2. Employees who Report Dependencies and Seek Treatment after Committing a Policy
Violation.
Employees who notify the City of drug or alcohol dependencies after violating this Policy may be subject
to discharge, irrespective of such dependencies.
The City may however, at its discretion, allow an employee to undergo evaluation and rehabilitation in
lieu of discharge, provided the employee promptly complies with the terms and conditions set forth in
this Policy. The City will consider the following factors in exercising its discretion: the employee's length
of service; the employee's work record, in particular, whether the employee has committed a previous
alcohol or drug policy infraction; the consequences of the violation; any other circumstances offered by
the employee that militates against discharge.
It is understood and agreed that the references to discipline and discharge set forth in this Policy and
the Rehabilitation and Return to Work Agreement are not intended to supersede "just cause"
requirements.
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
Page 32 of 40
Exhibit A
Agreement, but they shall remain in effect, it being the intent of the parties that this Agreement shall
stand, notwithstanding the invalidity.
In the event of an applicable Federal or State law, statute, regulation or administrative rule is enacted
that materially affects the bargaining unit resulting in additional costs to the City, the parties agree to re-
negotiate any affected terms and conditions necessary to mitigate any additional costs incurred by the
City. In the event the parties are unable to reach a mutually agreeable resolution then said issue may be
referred to a third party neutral arbitrator per the terms of Article 18 of this agreement.
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 affect 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.
ARTICLE 24 - BILINGUAL PAY
The City may designate positions in the City where having a bilingual speaker of either the Spanish or
Russian language (in addition to English) would be an operational advantage to the City. Upon
designating these positions, the City may certify employees within these positions that meet/pass
language competency testing for the subject position. The City will require proficiency testing before
certification can occur, at the City's expense, and employees will be on paid time for such testing.
Employees certified to receive bilingual pay must be assigned work on a regular and continuing basis
that requires a second language to effectively meet the service demand of the City's customers.
Designation of positions eligible to receive bilingual pay is the responsibility of the Department Head.
Page 33 of 40
Exhibit A
o Employees certified to be orally proficient in the Spanish or Russian language shall receive a
three and one-half (3.5) percent premium to their normal base pay.
o Employees certified to be proficient both orally and in writing in the Spanish or Russian language
shall receive a five (5) percent premium to their normal base pay.
Recertification for employees eligible to receive bilingual pay will occur every 2 years.
In such a case as the need for bilingual services ceasing to exist, revocation of bilingual pay shall be
made in writing by the City Administrator; stating the reason(s) for the revocation. Such reasons shall be
discussed with the Union prior to implementation of such revocation. Additionally, if the employee is
transferred, demoted, or promoted to another position in which the bilingual skill has not been
designated or identified as a business necessity, the premium will also cease.
The City reserves the right to contract out bilingual services as it deems necessary. The City also reserves
the right to expand the bilingual program to include certifications for languages other than Spanish and
Russian as the operational needs of the City change over time.
ARTICLE 25 - EDUCATIONAL INCENTIVES
25.1 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 and will follow the following guidelines:
1. 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.
2. Course work eligible for reimbursement must be completed at a college or university holding
statewide accreditation.
3. 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.
4. 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.
5. Reimbursement will not include the cost of travel, books, materials, or other ancillary costs.
Reimbursement will be limited to a maximum of six (6) units per semester.
6. 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.
7. Reimbursement will be provided upon documentation 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).
Page 34 of 40
Exhibit A
8. 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.
9. Employees will be obligated, when deemed applicable, to share the benefit of their education
and training with other City employees.
25.2 Certifications & Licenses:
1. Required. The City of Woodburn agrees that it will pay the certification or licensing fees
associated with those certificates or licenses incurred by an employee, wherein the certificate or
license is related to- and required by their employment with the City and approved by their
supervisor. The City will also pay an employee for the expense of attending classes or exams
necessary to maintain or renew a required certificate or license.
Employees are responsible for renewing and maintaining certificates or licenses they acquired as
qualifications for the job they hold. If such a required certificate or license lapses, expires, or is
revoked solely because of an employee's action or inaction, the employee may be subject to
discipline and the responsibility of renewing the certificate or license at the employee's own
cost.
Non -Required. The City may, at the Department Heads discretion and within the budgetary
resources of the Department, pay for- or reimburse an employee for the training and/or testing
fees for certification or licenses that (i) allows advancement of the employee to the next
certification level within his/her same division; or (ii) in the sole discretion of the City would
benefit the overall operations of that employee's department. Payment or Reimbursement is
subject to the following:
The employee must request Department Head approval for payment at least ten days
prior to the registration for any certification/licensing course, seminar, or exam.
The City will pay for the training and testing fees for an employee's first attempt at
attaining a specific certification or license, but will only reimburse an employee for a
subsequent successful attempt at the same certification or license.
With prior approval of the employee's Department Head, the City may allow time off
with pay for the employee's attendance at a certification/licensing course, seminar, or
exam when attendance is during the employee's regularly scheduled work hours.
Attendance at a non -required certification/licensing course, seminar, or exam that
occurs outside the employee's regularly scheduled work hours will not be compensated
or result in any overtime obligations on the part of the City.
An employee holding or possessing a non -required certification or license that could provide the
employee an opportunity to advance within its division or department will not auto -promote or
move the employee to a higher classification based solely on attaining the higher
certification/license. Employees will only be promoted into a higher classification position when
a position is both vacant and budgeted for, and the employee has successfully completed the
appropriate recruitment process or reclassification.
Page 35 of 40
Exhibit A
On -Site Training Resources. The City may, at a supervisor's discretion and within its operational
and budgetary means, provide on-site training to employees looking to utilize or access specific
City resources (e.g. commercial vehicles, software, other tools/equipment, etc.) to practice or
improve certain operational skills that may (i) allow advancement of the employee to the next
certification level within his/her same division; or (ii) in the sole discretion of the City would
benefit the overall operations of that employee's department. To the extent possible, access to
such City resources will be during an employee's regularly scheduled work hours. Employees
may be provided opportunities to borrow or take home certain City property (e.g. books) with
their supervisor's prior approval. All property borrowed under this section remains City property
and must be returned by the employee within reasonable due course or upon request by the
employee's supervisor. Any on-site training or at-home study provided for by this section will
not result in any overtime obligations on the part of the City.
ARTICLE 26 - 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.
ARTICLE 27 - TERMS
27.1 TERM OF AGREEMENT
This Agreement shall become effective July 1, 2019 through June 30, 2022, except that all language
changes become effective upon the signing of this Agreement.
This Agreement shall be binding upon the City, the Union, and its members, and shall remain in full force
and effect through June 30, 2022.
27.2 CONTRACT AMENDMENTS
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 City and the Union have executed this Agreement by the signature
of their respective authorized representatives.
FOR THE UNION
Ross Kiely date
Council 75 Representative
Bill McClaskey
AFSCME President
date
FOR THE CITY
Eric Swenson
Mayor
Scott Derickson
City Administrator
date
date
Page 36 of 40
APPENDIX A Exhibit A
Effective June 30, 2019
Grade
Position
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
A
$ 13.28
$
13.94
$
14.64
$
15.37
$
16.14
$
16.95
$
17.79
$
18.50
B
Economic Development Assistant
$ 13.46
$
14.14
$
14.85
$
15.59
$
16.37
$
17.19
$
18.04
$
18.76
C
$ 13.66
$
14.35
$
15.06
$
15.81
$
16.60
$
17.44
$
18.31
$
19.04
D
$ 13.90
$
14.60
$
15.33
$
16.09
$
16.90
$
17.74
$
18.62
$
19.37
E
$ 14.15
$
14.86
$
15.60
$
16.38
$
17.20
$
18.06
$
18.97
$
19.72
F
Custodial Worker 1
$ 14.43
$
15.15
$
15.91
$
16.71
$
17.54
$
18.42
$
19.34
$
20.11
Parks and Maintenance Worker
G
Custodial Worker 11
$ 14.74
$
15.48
$
16.25
$
17.06
$
17.92
$
18.81
$
19.76
$
20.55
H
$ 15.08
$
15.82
$
16.63
$
17.45
$
18.32
$
19.24
$
20.20
$
21.01
1
$ 15.48
$
16.25
$
17.07
$
17.93
$
18.82
$
19.76
$
20.75
$
21.58
1
Bus Driver
$ 15.91
$
16.70
$
17.54
$
18.42
$
19.34
$
20.30
$
21.32
$
22.17
K
Administrative Specialist
$ 16.40
$
17.22
$
18.08
$
18.98
$
19.93
$
20.92
$
21.97
$
22.85
Cashier
Library Assistant
L
Court Operations Clerk
$ 16.92
$
17.76
$
18.65
$
19.58
$
20.56
$
21.59
$
22.67
$
23.58
Lead Bus Driver
Permit Technician
Police Records Clerk
Utility Worker I
M
Engineering Technician 1
$ 17.60
$
18.49
$
19.40
$
20.38
$
21.40
$
22.46
$
23.59
$
24.53
IT Network Technician
Library Associate
Water Meter Reader
N
lWater Operator 1
$ 18.15
$
19.06
$
20.02
$
21.02
$
22.07
$
23.17
$
24.32
$
25.30
Wastewater Operator I
O
Accounting Assistant
$ 18.50
$
19.42
$
20.39
$
21.41
$
22.48
$
23.61
$
24.79
$
25.78
Administrative Analyst
$
$
$
$
$
$
$
$
Police Evidence Technician
$
$
$
$
$
$
$
$
P
11.1tility Worker 11
$ 18.87
$
19.82
$
20.81
$
21.85
$
22.94
$
24.09
$
25.29
$
26.30
Q
CAD Technician
$ 20.04
$
21.04
$
22.09
$
23.20
$
24.36
$
25.57
$
26.85
$
27.92
Wastewater Collections Operator I
Wastewater Operator 11
R
Fleet Maintenance Technician
$ 20.57
$
21.60
$
22.68
$
23.81
$
25.00
$
26.25
$
27.56
$
28.66
Water Operator 11
S
Engineering Technician 11
$ 21.83
$
22.92
$
24.06
$
25.27
$
26.53
$
27.86
$
29.26
$
30.42
PW Crew Lead
Wastewater Collections Operator 11
T
Associate Planner
$ 22.93
$
24.07
$
25.28
$
26.54
$
27.87
$
29.27
$
30.73
$
31.96
GIS Technician
Economic Development Specialist
IT Network Administrator
IT Software Support Specialist
Librarian
U
Building Inspector/Plans Examiner 1
$ 24.15
$
25.35
$
26.62
$
27.96
$
29.35
$
30.82
$
32.36
$
33.49
Sewer Line Maintenance Technician
Wastewater Operator III
V
Engineering Technician III
$ 25.55
$
26.83
$
28.17
$
29.58
$
31.06
$
32.62
$
34.24
$
35.61
Industrial Pre-treatment Coordinator
PW Maintenance Technician
W
Building Inspector/Plans Examiner 11
$ 26.33
$
27.65
$
29.03
$
30.48
$
32.16
$
33.93
$
35.62
$
37.05
IT Systems Administrator
Wastewater Laboratory Coordinator
Y
Building Inspector/Plans Examiner III
$ 32.78
$
33.93
$
35.12
$
36.35
$
37.98
$
39.69
$
41.48
$
43.14
APPENDIX A Exhibit A
Effective June 28, 2020
Grade
Position
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
A
$ 13.68
$
14.36
$
15.08
$
15.83
$
16.62
$
17.46
$
18.32
$
19.06
B
Economic Development Assistant
$ 13.86
$
14.56
$
15.30
$
16.06
$
16.86
$
17.71
$
18.58
$
19.32
C
$ 14.07
$
14.78
$
15.51
$
16.28
$
17.10
$
17.96
$
18.86
$
19.61
D
$ 14.32
$
15.04
$
15.79
$
16.57
$
17.41
$
18.27
$
19.18
$
19.95
E
$ 14.58
$
15.31
$
16.07
$
16.87
$
17.72
$
18.60
$
19.54
$
20.31
F
Custodial Worker 1
$ 14.86
$
15.61
$
16.39
$
17.21
$
18.07
$
18.97
$
19.92
$
20.71
Parks and Maintenance Worker
G
Custodial Worker 11
$ 15.18
$
15.94
$
16.74
$
17.57
$
18.46
$
19.37
$
20.35
$
21.17
H
$ 15.53
$
16.30
$
17.13
$
17.97
$
18.87
$
19.82
$
20.81
$
21.64
1
$ 15.94
$
16.74
$
17.58
$
18.47
$
19.39
$
20.35
$
21.37
$
22.23
1
Bus Driver
$ 16.39
$
17.20
$
18.07
$
18.97
$
19.92
$
20.91
$
21.96
$
22.84
K
Administrative Specialist
$ 16.89
$
17.74
$
18.62
$
19.55
$
20.53
$
21.55
$
22.63
$
23.54
Cashier
Library Assistant
L
Court Operations Clerk
$ 17.43
$
18.29
$
19.21
$
20.17
$
21.18
$
22.24
$
23.35
$
24.29
Lead Bus Driver
Permit Technician
Police Records Clerk
Utility Worker I
M
Engineering Technician 1
$ 18.13
$
19.05
$
19.98
$
20.99
$
22.04
$
23.13
$
24.30
$
25.27
IT Network Technician
Library Associate
Water Meter Reader
N
lWater Operator 1
$ 18.70
$
19.63
$
20.62
$
21.65
$
22.73
$
23.87
$
25.05
$
26.06
Wastewater Operator I
O
Accounting Assistant
$ 19.06
$
20.00
$
21.00
$
22.05
$
23.15
$
24.32
$
25.53
$
26.55
Administrative Analyst
$
$
$
$
$
$
$
$
Police Evidence Technician
$
$
$
$
$
$
$
$
P
11.1tility Worker 11
$ 19.44
$
20.42
$
21.43
$
22.51
$
23.63
$
24.81
$
26.05
$
27.09
Q
CAD Technician
$ 20.64
$
21.67
$
22.75
$
23.90
$
25.09
$
26.34
$
27.66
$
28.76
Wastewater Collections Operator I
Wastewater Operator 11
R
Fleet Maintenance Technician
$ 21.19
$
22.25
$
23.36
$
24.52
$
25.75
$
27.04
$
28.39
$
29.52
Water Operator 11
S
Engineering Technician 11
$ 22.49
$
23.61
$
24.78
$
26.03
$
27.33
$
28.70
$
30.14
$
31.33
PW Crew Lead
Wastewater Collections Operator 11
T
Associate Planner
$ 23.62
$
24.79
$
26.04
$
27.34
$
28.71
$
30.15
$
31.65
$
32.92
GIS Technician
Economic Development Specialist
IT Network Administrator
IT Software Support Specialist
Librarian
U
Building Inspector/Plans Examiner 1
$ 24.88
$
26.11
$
27.42
$
28.80
$
30.23
$
31.75
$
33.33
$
34.50
Sewer Line Maintenance Technician
Wastewater Operator III
V
Engineering Technician III
$ 26.32
$
27.64
$
29.02
$
30.47
$
31.99
$
33.60
$
35.27
$
36.68
Industrial Pre-treatment Coordinator
PW Maintenance Technician
W
Building Inspector/Plans Examiner 11
$ 27.12
$
28.48
$
29.90
$
31.40
$
33.13
$
34.95
$
36.69
$
38.16
IT Systems Administrator
Wastewater Laboratory Coordinator
Y
Building Inspector/Plans Examiner III
$ 33.76
$
34.95
$
36.17
$
37.44
$
39.12
$
40.88
$
42.72
$
44.43
APPENDIX A Exhibit A
Effective June 27, 2021
Grade
Position
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
A
$ 14.09
$
14.79
$
15.53
$
16.31
$
17.12
$
17.98
$
18.87
$
19.63
B
Economic Development Assistant
$ 14.28
$
15.00
$
15.76
$
16.54
$
17.37
$
18.24
$
19.14
$
19.90
C
$ 14.49
$
15.22
$
15.98
$
16.77
$
17.61
$
18.50
$
19.43
$
20.20
D
$ 14.75
$
15.49
$
16.26
$
17.07
$
17.93
$
18.82
$
19.76
$
20.55
E
$ 15.02
$
15.77
$
16.55
$
17.38
$
18.25
$
19.16
$
20.13
$
20.92
F
Custodial Worker 1
$ 15.31
$
16.08
$
16.88
$
17.73
$
18.61
$
19.54
$
20.52
$
21.33
Parks and Maintenance Worker
G
Custodial Worker 11
$ 15.64
$
16.42
$
17.24
$
18.10
$
19.01
$
19.95
$
20.96
$
21.81
H
$ 16.00
$
16.79
$
17.64
$
18.51
$
19.44
$
20.41
$
21.43
$
22.29
1
$ 16.42
$
17.24
$
18.11
$
19.02
$
19.97
$
20.96
$
22.01
$
22.90
1
Bus Driver
$ 16.88
$
17.72
$
18.61
$
19.54
$
20.52
$
21.54
$
22.62
$
23.53
K
Administrative Specialist
$ 17.40
$
18.27
$
19.18
$
20.14
$
21.15
$
22.20
$
23.31
$
24.25
Cashier
Library Assistant
L
Court Operations Clerk
$ 17.95
$
18.84
$
19.79
$
20.78
$
21.82
$
22.91
$
24.05
$
25.02
Lead Bus Driver
Permit Technician
Police Records Clerk
Utility Worker I
M
Engineering Technician 1
$ 18.67
$
19.62
$
20.58
$
21.62
$
22.70
$
23.82
$
25.03
$
26.03
IT Network Technician
Library Associate
Water Meter Reader
N
lWater Operator 1
$ 19.26
$
20.22
$
21.24
$
22.30
$
23.41
$
24.59
$
25.80
$
26.84
Wastewater Operator I
O
Accounting Assistant
$ 19.63
$
20.60
$
21.63
$
22.71
$
23.85
$
25.05
$
26.30
$
27.35
Administrative Analyst
$
$
$
$
$
$
$
$
Police Evidence Technician
$
$
$
$
$
$
$
$
P
11.1tility Worker 11
$ 20.02
$
21.03
$
22.07
$
23.19
$
24.34
$
25.55
$
26.83
$
27.90
Q
CAD Technician
$ 21.26
$
22.32
$
23.43
$
24.62
$
25.84
$
27.13
$
28.49
$
29.62
Wastewater Collections Operator I
Wastewater Operator 11
R
Fleet Maintenance Technician
$ 21.83
$
22.92
$
24.06
$
25.26
$
26.52
$
27.85
$
29.24
$
30.41
Water Operator 11
S
Engineering Technician 11
$ 23.16
$
24.32
$
25.52
$
26.81
$
28.15
$
29.56
$
31.04
$
32.27
PW Crew Lead
Wastewater Collections Operator 11
T
Associate Planner
$ 24.33
$
25.53
$
26.82
$
28.16
$
29.57
$
31.05
$
32.60
$
33.91
GIS Technician
Economic Development Specialist
IT Network Administrator
IT Software Support Specialist
Librarian
U
Building Inspector/Plans Examiner 1
$ 25.63
$
26.89
$
28.24
$
29.66
$
31.14
$
32.70
$
34.33
$
35.54
Sewer Line Maintenance Technician
Wastewater Operator III
V
Engineering Technician III
$ 27.11
$
28.47
$
29.89
$
31.38
$
32.95
$
34.61
$
36.33
$
37.78
Industrial Pre-treatment Coordinator
PW Maintenance Technician
W
Building Inspector/Plans Examiner 11
$ 27.93
$
29.33
$
30.80
$
32.34
$
34.12
$
36.00
$
37.79
$
39.30
IT Systems Administrator
Wastewater Laboratory Coordinator
Y
Building Inspector/Plans Examiner III
$ 34.77
$
36.00
$
37.26
$
38.56
$
40.29
$
42.11
$
44.00
$
45.76
APPENDIX B
STAND-BY ASSIGNED EMPLOYEES
[As of July 1, 2019 Effective Date]
STREETS / COLLECTIONS
• Chris Chandlee
• Tyler Hansen
• Max Vallejo
• Ricardo Anselmo
WATER
• Billy McClaskey
• James Hands
• Scott Bergren
• Jason Branske
WASTEWATER
• Ramon Garcia
• Jeff Hansen
• Jerry Tabler
• Jordan Garner
Exhibit A
Page 40 of 40