Resolution No. 73-09
CITY OF TIGARD
RESOLUTION No. 73 - c
RESOLUTION OF CITY COUNCIL AUTHORIZING MAYOR AND
RECORDER TO EXECUTE CONTRACT WITH TIGARD EMPLOYEES
ASSOCIATION.
WHEREAS, collective bargaining with the Tigard Employees
Association has now been concluded; and
WHEREAS, the Tigard City Council has reviewed the proposed
contract;
NOW, THEREFORE,
BE IT RESOLVED, by the Council of the City of Tigard;
(1) That the Mayor and Recorder be, and they are
hereby authorized and directed to execute on
behalf of the city that proposed contract with
the Tigard Employees Association, copy whereat
is hereto attached and by reference made a part
hereof, and to thereby bind the c__; to the
obligations thereof.
PASSED by the Council this 9th day of April _.1973.
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Mayo J
ATTEST:
City Recorder
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RESOLUTION No. 73-_%__
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;~ril 6, 1973
CONTRACT
CITY OF TIGARD
and
TIGARD EMPLOYEES ASSOCIATION
This contract entered into this 9th day of April
1973 between the CITY OF TIGARD, OREGON, hereinafter referred to as
the City and the TIGARD EMPLOYEES ASSOCIATION, hereinafter referred
to as the Association, has as its purpose the promotion of harmonious
relations between the City and the Association; the establishment of
an equitable and peaceful procedure for the resolution of differences;
and to set forth their entire agreement with regard to rates of pay,
hours of work and other conditions of employment.
1. Definitions. As used herein, the following terms shall mean:
(a) CITY. The City of Tigard.
(b) ASSOCIATION. The Tigard Fmployees Association.
(c) EMPLOYEE. An individual employed in the bargaining unit
as defined in sub-paragraph D hereof, covered by this agreement.
(d) BARGAINING UNIT. All persons employed by the City in the
classifications of Clerk Typist I, Clerk Typist II, Clerk Steno,
Accounting Clerk, Laborers, Maintenance Man I, Maintenance Man II,
Building Inspector, Civil Engineering Aide, Civil Engineering
Technician I, Civil Engineering Technician II, Civil Engineering
Technician Iii, Mechanic, Associate Planner, Zoning Inspector and Plan
Checker.
(e) SALARY. The monthly rate of pay identified and set forth
on exhibit "A" of this agreement.
(f) SENIORITY. An employee's length of continuous service with
the City since his last day of hire.
(g) EXEMPT EMPLOYEES. Supervisory management employees of the
City including the classifications of, City Administrator, City
Recorder, Planner., Director of Public Services and Facilities, Police
Chief, Librarian, Lieutenant, Sergeant, Accountant and Forema::,
(Maintenance Man III).
2. Recognition. The City recognizes the Association as the
sole and exclusive bargaining agent with respect to wages, hours
and other conditions of employment for the employees in the bargain-
ing unit as defined herein.
3. Existing Conditions. No employee shall suffer a reduction
in wages or related economic benefits as a result of the signing of
this contract. The City will consult with the Association before
changing any existing conditions related to wages, hours and working
conditions.
4. Check-Off.
(a) The City, when so authorized and directed in writing by
an employee member of the Association on the authorization form pro-
vided by the City, will deduct Association dues and insurance pre-
miums from the wages of such employee.
(b) Any authorization for payroll deductions may be cancelled
by any employee upon written notice to the City and the Association
prior to the 15th day of each month, to be effective on the first day
of the following month.
(c) The City will not be held liable for check-off errors but
will make proper adjustments with the Association for errors as soon
as is practicable.
5. Employee Rights.
(a) Employees shall have the right to form, join and participate
in the activities of employee organizations of their own choos!ng,
for the purpose of representation on matters of employee relations.
Employees shall also have the right to refuse to join or participate
in the activities of any employe organization. No employee shall be
interfered with, intimidated, restrained, coerced, or discriminated
against by the City or by any employee organization because of his
axercise of these rights.
(b) The provisions of this contract shall be applied equally t
to all employees in the bargaining unit without discrimination as to
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age, marital status, race, color, sexl.::creed, religion, national
origin, union affiliation or political affiliation. The Association
shall share equally with the City the responsibility for applying
the provisions of this contract.
Cc) All references to employees in this contract designate both
sexes, and wherever the male genuer is ured, it shall be construed to
include male and female employees.
6. Management Rights. The City Administrator and department
heads shall exercise the sole responsibility for management of the
City and direction of it's work force. To fulfill this responsibility
the rights of the City include but Are not limited to; establishing
and directing activities of the City's Departments and it's employees,
determining standards of service aa(', methods of operation, including
subcontracting and the introduction of new equipment, establishing
procedures and standards for employment and promotion; layoff,
transfer and promote; to discipline or discharge for cause; determine
job descriptions; determine work, schedules and assign work and any
other rights except as expressly limited by the terms of this agreement.
7. City Security. The Association agrees that during the term
of this contract its membership will not participate in a strike,
work stoppage, slowdown, interruption of City services, or abuse of
official prerogative.
8. Association Business. Members of the bargaining unit
selected to serve as authorized representatives shall be certified
3 in writing to the City Administrator. When authorized.ia advance,
representatives may be granted time off without loss of pay for the
purpose of. processing business within the scope of representation.
Such representatives shall not enter.any work location without the r
consent of the department head. With the exception of contract
' administration matters referred to above and one working hour per
month employees shall not participate in Association activities during
scheduled working hours.
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9. Contract Negotiations. The Association's negotiating
team, to be comprised of no more than three employees, shall be
permitted to attend negotiating meetings with the City representatives
without loss of pay relative to securing contract renewal to the extent
that such meetings are scheduled during working hours of the members
so attending. The date, time and place for negotiating sessions
shall be established by mutual agreement between the parties.
10. Special Conferences. Special conferences for important
matters may be arranged between the Association president and the
City or its designated representatives upon mutual agreement of the
parties. Such meetings shall be arranged in advance, and an agenda
of matters to be discussed at the meeting shall be presented at the
time the conference is agreed to. Association members shall not
lose time or pay for time spent in such conferences.
11. General, Special and Personnel Orders. The City will
furnish the Association with copies of all general or special orders
pertaining to wages, hours and conditions of employment.
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12. Manual of Rules and Procedure- and Contract. The City
agrees to furnish each employee of the bargaining unit with a copy
of the City Personnel Guide and a copy of this contract. The cost of
printing and assembling the contract will be borne by the Association.
New employees shall be provided with the above at the time of their
appointment.
13. Bulletin Board. The City agrees to furnish and maintain a
suitable bulletin board in a convenient place to be used by the
Association. The Association shall limit its posting of notices and
bulletins to such bulletin board.
14. Outside EmQloyment. Employees wishing to engage in off-
duty employment with another employer must obtain approval from their
Department Head and the City Administrator.
15. Seniority.
(a) The City will provide the Association with copies of a
seniority list on July 1 of each year and shall post the list in
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conepit+uous place available to employees. Preference in vacation
scheduling and extra days off shall be by seniority, provided vacation
requests are made before April 15th of each year.
(b) An employee shall lose all seniority in the event of
voluntarily quitting or discharge.
16. Working Out of Clrssificatiox; Appointment of non-
supervisory personnel to a supervisory position may be made on an
acting basis to fill a temporary vacancy. An employee holding an
acting position shall be entitled to a pay increase not to exceed a
total of two pay steps from his current pay step for the duration of
his acting appointment.
17. Hours of Work.
(a) A normal work week shall consist of a 40 hour shift schedule
during a seven calendar day period commencing midnight Sunday and
ending midnight the following Sunday.
(b) A normal work day may consist of either eight hours per day
on the basis of a five-day work week, or ten hours per day on the
basis of a four-day work week.
18. Overtime.
(a) As used in this contract, overtime shall mean that time an
employee is authorized by his supervisor to work fn excess of eight
or ten hours in one day or on any day in addition to a scheduled
40-hour shift week.
(b) Overtime shall be computed to the nearest half hour.
(c) Compensation for overtime hours shall be granted at one and
one-half the regular rate of pay or by equal compensatory time off,
at the discretion of the City Administrator.
(d) Time spent by employees called back to work to correct
improper or incomplete work that should have been performed during
normal working hours, shall not be compensated for.
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19. Shift Changes. An employee will normally be given adequate
advance notice of any change in his regular hours of work, except
where an emergency exists. Notice will not be given less than two
weeks prior to the employee's change of work schedule.
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20. Holiday Compensation. Y
(a) The following days shall be recognized as holidays: New
Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving, Day after Thanksgiving, Christmas, other days, if any,
designated by the City Council and one floating holiday scheduled at
the mutual convenience of the employee and the Department Head.
The observation of applicable holidays shall coincide with the
observation of holidays by the State of Oregon.
(b) An employee authorized to work on any of the above holidays
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shall be compensated at the rate of time and one-half the regular
rate of pay for each of the first eight hours and at the rate of two }
times the regular rate of pay for any hours worked in excess of p
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(c) At the election of the employee, holiday compensation may y
be taken in the form of compensatory tim-a off scheduled at the mutual F
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convenience of the employer and employee.
21. Vacations. 4
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(a) Vacations shall accrue as follows:
' Year of Monthly Equivalent
Continuous Service Accrual Rate Annual Accrual
Hours Days
0 through 1 year 6-2/3 hrs. s0 10
2 5 years s hrs. 96 12
6 10 years 10 hrs. 12C 1s
11 15 years 12 hrs. 144 is
Over 15 years 13-1/3 bra. 160 20
One additional day of vacation shall be added to the vacation
accumulation of any employee who completes 12 consecutive months of
service without absence due to illness or other physical conditions.
Accrued vacation shall be credited as earned vacation for each month
of service, or pro rata for each fractional month of service, in
accordance with the above schedule, except that vacation accrued
during the first six months of continuous service shall not be credited
as earned vacation until the employee completes the first six months
of continuous service.
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(b) Employees shall be responsible for planning, initiating
requests for and using vacation credits within one calendar year
after the calendar year in which they were earned. If on the first
working day of each calendar year an employee's earned but unused
vacation credits exceed a one year accumulation as set forth in
paragraph 21 (a) above, the employee shall be responsible for initiating
a request to the City Administrator for authorization to carry such
excess credit into the next year. Any accumulation in excess of two
years accrual as established in paragraph 21 (a).shall not be forfeited
due to the City failing to grant vacation leave.
(c) Upon termination of an employee for any reason, or in the
event of his death, he, or his heirs, shall be paid a lump sum pay-
ment for all earned but unused vacation credits and for all earned
but unused compensatory holiday credits and earned but unused compen-
satory time credits. If an employee fails to provide at least two
weeks notice of his resignation, all such credits shall be canceled.
22. Insurance Benefits.
(a) The City will continue to provide the present health in-
surance policies. Effective July 1, 1973, the City will pay for
employees and up to one-half of dependents coverage. Effective July
1, 1974, the City will pay the full cost of health insurance benefits
provided that no individual monthly employee and dependents premium
exceeds $55.00.
(b) The City will continue to provide the present salary
continuation benefit for each employee.
(c) The City will continue to participate in the City of Tigard
retirement program or its' successor. If the Oregon Public Employees
Retirement System succeeds the existing plan the City will transfer
all city contributions for current service benefits (from April 1st,
1971) to P.E.R.S. upon election of the affected employees to do so.
(d) In the event of lay-off, an employee will receive severance
s;
pay based on his current rate of pay as follows:
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Time Worked For City
6 months but less than 2 years 2 weeks pay
2 years but less than 3 years 3 weeks pay
3 years but less than 4 years 4 weeks pay
4 years on up 5 weeks pay
23. Liability. Defense and Insurance. The City agrees to
continue the present liability insurance policy.
24. Sick Leave. Sick leave shall not be accrued but shall be
administered on an honor basis. Continuation of pay during an
absence not to exceed 90 days will be granted for the following reasons:
(a) Absence due to injury received on the job. Sick leave pay
shall be used to compensate for the difference between Workmen's
Compensation Insurance and full pay.
(b) Personal illness or physical incapacity resulting from
causes beyond the employee's control.
(c) Forced quarantine of the employee in accordance with State
or Community Health Regulations.
25. Compassionate Leave. In the event of serious illness or
death in the immediate family of an employee, the City Administrator
may grant sufficient time off, not to exceed 6 days leave of absence,
with full pay to make household adjustments, arrange for medical
services, or to attend funeral services. "?mmediate Family" shall
include only: Spouse, Parents, Children, Brother, Sister, Grandparents,
Father-In-Law, Mother-In-Law, Brother-In-Law, Sister-In-Law, or any
other person which is dependent upon the employee.
26. Leave Without Pay. A permanent employee may be granted
leave of absence without pay up to twelve months when the work of
the employee's department will not be seriously handicapped by his
absence. Requests for such leaves must be in writing and must
establish reasonable justification for the approval by the Department
Head or City Administrator. Leaves of absence for longer than two
,Administrator
weeks must be approved by the City/ Leave of absence time without
pay shall not accrue vacation leave, nor will the employee be eligible
to receive city benefits, except for health insurance coverage.
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This is available for 90 days at the employees expense if such
coverage is desired. Upon the employee's return to city employment
he shall retain all previous longevity benefits.
27. Maternity Leave.
(a) Maternity leave will be granted without pay. The length
of leave prior to delivery shall be determined by the employee's
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doctor. Maternity leave after delivery may be granted up to 90 days.
(b) The employee must notify the City Administrator of her
intention to return to work within 85 days after the beginning of her
maternity leave. An employee's position will be held open 90 days
after delivery, after which reinstatement is dependent upon the
availability of a position vacancy for which the returning employee
is qualified. Pregnancy shall not be grounds for demotion or dismissal.
28. Grievance Procedure. To promote better relations, the
parties agree to settle any disputes as to the meaning or interpretation
of this contract by the following procedure:
_ Step I. After first attempting to resolve the grievance in-
formally, the Association, or any employee with notice to the
Association, may claim a breach of his agreement in writing to the
employee's ;,.sediate supervisor within ten days from the occurrence
thereof, or of the employee's knowledge thereof. The notice shall
include (1) a statement of the grievance and relevant facts; (2)
provision of the contract violated; (3) remedy sought. The supervisor
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shall respond to the grievance in writing within 5 days, with a copy
to the Association, a
Step II, If, after 5 days from the date of submission of the
grievance to the supervisor, the grievance remains unadjusted, the
grievance may be submitted within five days to the Department Head.
The Department Head may meet with the aggrieved party, who may r,quest
( Association representative at the he&ring. The Department Head shall k
respond to the grievance in writing within 5 days, with a copy to ry
the Association.
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Step III. If, after 5 days from the date of submission of the +3'
grievance to the Department Head, the grievance remains unadjusted,
the grievance may be submitted within five days to the City Administrator;'
.r` who shall meet with the aggrieved party and Association representatives ~s,•'
and shall respond to the grievance in writing within ten days, with '•4
a copy to the Association.
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Step IV. If the grievance is not resolved within ten days from
submission of the grievance to the City Administrator, it may be
submitted within ten days to an arbitrator. The arbitrator shall be
selected by mutual agreement of the parties. If the parties cannot
agree on an arbitrator within 25 days of the submission of the
grievance to the City Administrator, he shall be chosen in the follow-
ing manner:
(a) A list of five mambersof the Federal Mediation and Concil-
iation Service shall be requested and the parties shall
alternately strike one name from the list, until only one
is left. The Association shall strike the first name.
The ona remaining shall be the arbitrator. One day will
be allowed for the striking of each name.
(b) The arbitrator shall render a decision within a reasonable
time. The powers of the arbitrator shall be limited to
interpreting this agreement and determining if it has been
violated. The decision of the arbitrator shall be binding
on both parties.
(c) The costs of the arbitrators shall be born equally by the
parties. Each party shall be responsible for costs of
presenting its own case to arbitration.
Any 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 separate
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violation. A grievance may be terminated at any time upon receipt of
a signed statement from the Association or the employee that the matter
has been resolved.
29. Mileage and Per Diem Allowance.
(a) Whenever an employee is authorized to utilize his own
vehicle in the
performance of his official City duties, he shall be
compensated at the rate of lOC per mile for the first 400 miles and
80 thereafter.
(b) An employee traveling on authorized City business shall
receive in addition to his transportation and lodging expenses, a
per diem allowance of $12.00 per day, or friction thereof, actually `
spent on city business for each programmed day of a conference or
meeting and for time spent in travel. Except that per diem for `
travel shall not exceed one day each way. The purpose of the per
diem is to cover ordinary expenses, such as meals, refreshments,
tips, etc.
30. Layoff. In the event of layoff for any reason, employees
shall be given not less than 10 working days written notice and
shall be laid off in the inverse order of their seniority in their
classification. Any employee who is to be laid off who had advanced
to his present classification from a lower classification in which
he held a permanent appointment shall be given a position, if
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available, in a lower classification in the same department. His
seniority in the lower classification shall be established according
to the date of his permanent appointment to that classification.
Employees shall be called back from layoff according to seniority in
the classification from which the employees were laid off within the
Department. No new employees shall be hired in any classification
until all employees on layoff status in that classification have
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had an opportunity to return to work. An employee on layoff status
shall accept or decline an opening within ten days of notice of
termination of layoff. S`
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j: 31. Probationary Period. The probationary period shall be
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six months for all employees. Prior to completion of the probationary
period, employees may be discharged at will. All promotions shall
be subject to a six-month probacionary period.
( 32. Discipline and Discharge. Disciplinary action or measures
for violation of rules and regulations as set forth in the city
personnel guide, attached as exhibit "H", shall include, but not be
limited to the following: oral- :eprimand, written reprimand, ex-
tension of probation not to exceed 6 months, demotions, suspensions,
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reduction of pay by one step, appropriate extra duty, or discharge,
If the City has reason to reprimand an employee, it shall be done in
a manner that is least likely to embarrass the employee before other
employees or the public. in the event of employee misconduct, the
employee may be subject to discipline by his superior or the Department
Head.
33. Personnel File.
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(a) No material in any fcrm which can be construed, interpreted
t or acknowledged to be derogatory shall be placed in the employees
a personnel file unless he has been allowed to read such material. p
(b) Any employee, upon his request, shall. have access to his
personnel file. Any employee may, upon request, have the right of
reproduction of his personnel file in full or part. No portion of
an employee's file shall be transmitted without the explicit consent k
. and request of the employee other than to those authorized with the
3 City or by order of a competent court.
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34. Salaries. I
(a) The City agrees to pay employees the salaries during fiscal tR{
year 1973-74 in the amounts provided in Exhibit "A", attached hereto {
and incorporated herein.
(b) Merit advancement shall be subject to a written employee!!
evaluation, by the Department Head to the City Administrator, i
certifying that the employee had been doing satisfactory work, and
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was making normal improvement in the ability to carry out his job
assignment.
Probationary employees may be advanced to the next pay step in
the employee's classification/pay range on the first or sixteenth
day of the month following the completion of six month's of satis-
factory service.
Advancement of employees to higher pay steps shall not be
automatic, but may be made to the next pay step in the employee's
classification, effective on the first or the sixteenth day of the
month, following the completion of each twelve months of satisfactory
service and progressive performance improvement in the current step.
(c) Salaries for subsequent years during the term of this
contract shall be established in the following manner.
(1) On or before January 15th of each fiscal year the
Association and City shall jointly conduct a salary survey to determine
the highest pay step currently in effect in each comparable job
classification excluding educational increments.
(2) The salary survey shall include, the applicable rates from
these jurisdictions: Portland, Washington County, Beaverton,
Milwaukie, Lake Oswego, Hillsboro, Gresham, Oregon City, Forest
Grove, West Linn; Tigard and Gladstone.
(3) Adjustments in the salary range for each classification as
listed in Exhibit "A" shall be made to insure that at no time will
the highest pay step be less than the average of the comparable
steps of the above listed jurisdictions.
(4) An annual cost of living adjustment equal to that, determined
by the Bureau of Labor Statistics index for the Portland Metropolitan
area on a January to January basis shall be applied to the pay ranges
determined pursuant to subparagraph (d) (3) above, to be effective
on July 1st of each year for the duration of thi. contract.
35. Savings clause. Should any section or portion thereof of
this contract be held unlawful and unenforceable by any court of
competent jurisdiction, such decision of the court shall apply only
to the specific section or portion thereof, directly specified in
the decisions; upon the issuance of such a decision, the parties
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agree immediately to negotiate a substitute, if possible, for the
invalidated section or portion thereof.
36. Termination. The contract shall be effective as of the
1,t- day of 1973, and shall remain in full force
t and effecL until _1,,,,e In 1975, and shall be
automatically renewed from year to year thereafter, unless either
party shall notify the other in writing not later than October 1
that it wishes: to modify this contract for any reason. This contract
shall remain in full force and effect during the period of negotiations.
CITY OF-,,FI1AR1
Attest. BY; "y e7 BY. v/
TIGARD EMPLOYEES ASSOCIATION
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EXHIBIT "A" •3 't
Range Position A B C D E
11 Clerk Typist I 425 447 469 493 518
12 Clerk Typist II 447 469 493 518 543
13 Clark St°no 469 493 518 543 571
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15 Accounting Clerk 518 543 571 600 629
Laborer
17 Maint. Man I 571 600 629 661 694
18 Maint. Man II 600 629 661 694 729
Civil Eng. Aide
Zoning Insp/Plan Checker
20 Main. Man III 661 694 729 766 804
Mechanic
Eng. Tech I
21 Accountant 694 729 766 804 844
22 Eng. Tech 11 729 766 804 844 886
23 Bldg Off./Insp. 766 804 844 886 930
24. Assoc. Planner 804 844 886 ^30 976
Eng. Tech III
Cost of living increase not included
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