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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. t i Mayo J ATTEST: City Recorder t RESOLUTION No. 73-_%__ 'd x ;~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 a -2- 71 ' _ cn' 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. '3' A; . F 2 . r . 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. i 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 -4- ni y 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. i 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. _5_ 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 S 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 eight. Y (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 t convenience of the employer and employee. 21. Vacations. 4 i i (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. -6- (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: k~ -7- r ' T 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. . i I i 1 t:y 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 N? 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 i. 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. ;it t' 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. u~y 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 -Id- 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 i 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 is 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` ' -11- t x i - j: 31. Probationary Period. The probationary period shall be i 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, r 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. a (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. j 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 -12- r 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 ^13- ' 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 BY:~jy~~?~ . BY* y - » BYl/~ f ;a -14- r 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 r 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 f3 j t S {tp kt[F P f ' z