Claim Teamsters & J. Gotto vs CIN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY~ ~
TEAMSTERS LOCAL UNION NO. 421,
and JOHN GOTTO
Complainants,
V.
CITY OF DUBUQUE,
Case No.
EQUITY
ORIGINAL ~OTICE
Respondent.
TO T~E i~_BOVE-NAMED DEFENDANT:
You are notified that a petition has been filed in the office
of the clerk of this court naming you as the defendant in this
action. A copy of the petition (and any documents with it) is
attached to this notice. The attorney for the plaintiff is Scott
D. Soldon of PREVIAi~T, GOLDBERG, UELMEN, GRATZ, MILLER & BRUEGGESIAN, S.C.,
whose address is 1555 North RiverCenter Drive, 9202, Milwaukee, WI
53212. That attorney's telephone number is (414) 271-4500;
facsimile number (414) 271-6308.
You must serve a motion or answer within twenty (20) days
after service of this original notice upon you and, within a
reasonable time
Clerk of Court
Dubuque, Iowa.
thereafter, file your motion or answer with the
for Dubuque County, at the county courthouse in
If you do not, judgment by default may be rendered
against you for the relief demanded in the petition.
If you require the assistance of auxiliary aids or services to
participate in court because of a disability, immediately call your
Page 1 of 2
district
impaired,
ADA coordinator at (319) 589-4433. If you are hearing
call Relay Iowa TTY at (800) 735-2942.
CLERK OF COURT
Dubuque County Courthouse
Dubuque, Iowa
Page 2 of 2
IN THE IOWA DISTRICT COURT
FOR DUBUQUE COUNTY
TEAMSTERS LOCAL UNION NO. 421
and JOHN GOTTO
Complainants,
v.
CITY OF DUBUQUE
Respondent.
Case No. ~9 /3// 6-~c._~/~ 9379'~'
PETITION FOR DECLAP~ATORY
~ UD~MENT
COMES NOW TEAMSTERS LOCAL UNION NO. 421 and John Gotto, by
their attorneys, Scott D. Soldon and Andrea F. Hoeschen of
Previant, Goldberg, Uelmen, Gratz, Miller and Brueggeman, S.C., and
to Iowa Rule of Civil Procedure 261, alleges as follows:
pursuant
1.
Teamsters Local Union No.
representative within the meaning
exclusive collective bargaining
employees of the City of Dubuque.
195 E. t4th Street, Dubuque, Iowa,
2. John Gotto is a public
421, ("Union"), an employee
of Iowa Code § 20.3(4), is the
representative for certain
The Union's office is located at
52001, (319) 583-9149.
employee within the meaning of
§20.3(10), residing at 1833 Millville Road, Epwort, Iowa, 52045.
He has resided at this address for about four years. John Gotto's
residence is six and three-quarters miles from Dubuque city limits.
3. The City of Dubuque, ("City"), a public employer within
the meaning of § 20.3(11), is located at 700 Locust Street,
Dubuque, Iowa, 52001-6824.
4. The City and the Union
bargaining agreement (~'Agreement~)
June 30, 2004.
are parties to a collective
effective July 1, 2001 through
5. Article I of the Agreement defines the bargaining unit to
include certain full-time employees in the Airport and Operations
and Maintenance Departments and Transit, Civic Center, Park,
Recreation and Parking
attached as Exhibit A.
6. Employees
civil service laws,
Divisions. A copy of the Agreement.is
in the bargaining unit are covered by Iowa
Iowa Code Chapter 400.
7. John Gotto is employed by the City of Dubuque as an
equipment operator, Class II, and is a member of the bargaining
unit represented by the Union.
8. The City has promulgated a policy that requires all city
employees hired after August 31, 1980 to be residents of the State
of Iowa and have their principal place of residence either within
the corporate limits of the City of Dubuque or within 6.5 miles of
the corporate limits of the City of Dubuque. A copy of the policy
is attached as Exhibit B.
9. On o~about April 23, 2002, the City informed John Gotto
and certain other members of the bargaining unit in the operations
and maintenance department that they were in violation of the
City's residency policy and would be considered to have resigned
their employment if they failed to comply. A copy of the April 23,
2002 letter is attached as Exhibit C.
10. On April 26, 2002, affected bargainin9 unit members,
including John Gotto, filed a grievance with the City protesting
the requirement that they move within 6.5 miles of the City to
maintain their employment with the City.
11. The parties' collective bargaining agreement provides in
Article XXX that:
IA]ny matter governed by Iowa Civil Service Law (Chapter
400, Code of Iowa) shall not be considered a grievance and
subject to the grievance procedure.
12. The Union requested that the City submit the grievance
over the residency requirement to the civil service commission, but
the City declined, allegin9 that the civil service commission was
without jurisdiction to determine the legality of the residency
requirement. The City agreed to refrain from terminating any
employees pursuant to the residency policy until the Court resolved
this petition for declaratory judgment.
WHEREFORE, the Union moves the Court:
1. For a declaratory ruling that John Gotto is not a
critical employee within the meaning of Iowa Code ~ 400.17, and
that the City of Dubuque's residency requirement exceeds that which
is authorized by Iowa Code ~ 400.17;
Or, in the alternative,
3
2. A declaratory rulin9 that the Dubuque Civil Service
Commission has jurisdiction and statutory authority to determine
whether John Gotto is a critical employee within the meaning of
Iowa Code § 400.17, and whether the City of Dubuque's residency
requirement exceeds that which is authorized by Iowa Code § 400.17;
3. Such other and further relief as the Court may deem just
and proper.
Dated at Milwaukee,
July, 2003.
wisconsin, this /~d2y of
S~O~T~D'. SOL'ON (fo~ Ba~r No. 10766)
ANDREA F. HOESCHEN
PREVIANT, GOLDBERG, UELMEN,
GRATZ, MILLER & BRUEGGEMAN s.c.
1555 N. RiverCenter Dr., Ste. 202
P. O. Box 12993
Milwaukee, WI 53212
414/271-4500
Fax No. 414/271-6308
ATTORAIEYS FOR TEAMSTERS LOCAL 421
4
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
GENERAL ~ & HELPERS UNION LOCAL #421
PREAMBLE
This Agreement is made and entered into by and between the City of Dubuque, Iowa
(hereafter called the City) and the General Drivers and Helpers Union Local #421
(hereafter called the Union) and between the City and the Union on behalf of the
employees in the Bargaining Unit, recognized and described in Article l, Recognition,
of this Agreement.
GENERAL DRIVERS AND HELPERS UNION CONTRACT
TABLE OF C(~NTENTS
PREAMBLE ....................................... ;; ................................................. i
TABLE OF CONTENTS ........................................................................... ii
ARTICLE I
ARTICLE II
ARTICLE Ill
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLE X
ARTICLE XI
ARTICLE XII
ARTICLE Xlll
ARTICLE XIV
ARTICLE XV
ARTICLE XVI
ARTICLE XVll
ARTICLE XVIII
ARTICLE XIX
ARTICLE XX
ARTICLE XXI
ARTICLE XXII
ARTICLE XXlll
RECOGNITION ............................................................ 1
GENERAL CONDITIONS ............................................... 2
NO STRIKE CLAUSE .................................................... 2
UNION REPRESENTATIVES ........................................... 3
UNION NEGOTIATING COMMITTEE .......................... : .... 3
NONDISCRIMINATION ................................................. 4
UNIFORMS ................................................................. 4
PAYDAY .................................................................... B
BULLETIN BOARDS ..................................................... S
PAYROLL DEDUCTIONS ............................................... E
INJURY LEAVE ........................................................... 6
MILITARY LEAVE ........................................................ 7
FUNERAL LEAVE ........................................................ 7
SICK LEAVE ............................................................... 8
PREGNANCY LEAVE .................................................... 10
LEAVE OF ABSENCE WITHOUT PAY .............................. 11
SENIORITY ................................................................. 11
JOB POSTING ............................................................ 13
MEALS FOR EMPLOYEES AT CITY EXPENSE .................. 14
JURY DUTY ............................................................... 15
VACATIONS ............................................................... 15
HOLIDAYS ................................................................. 16
CASUAL DAY ............................................................. 17
ARTICLE XXIV
ARTICLE XXV
ARTICLE XXVl
ARTICLE XXVll
ARTICLE XXVIII
ARTICLE XXlX
ARTICLE XXX
ARTICLE XXXI
ARTICLE XXXII
ARTICLE XXXIII
ARTICLE XXXIV
ARTICLE XXXV
ARTICLE XXXVI
LONGEVITY ............................................................... 18
HOURS OF WORK ....................................................... 19
OVERTIME ................................................................. 19
NIGHT SHIFT PREMIUM PAY ........................................ 20
CALLBACK ................................................................. 21
GROUP INSURANCE .................................................... 21
GRIEVANCE PROCEDURE ............................................. 23
WAGE PLAN .............................................................. 26
TOOL ALLOWANCE .................................................... 29
TEMPORARY ASSIGNMENT .......................................... 29
PART TIME EMPLOYEES .............................................. 30
TEMPORARY EMPLOYEES ........................... 30
SAVINGS CLAUSE ...................................................... 30
ARTICLE XXXVII DURATION AND NEGOTIATIONS .................................. 31
ADDENDUM A .................................................................................. 32
ADDENDUM B .................................................................................. 33
iii
ARTICLE I
RECOGNITION
The City recognizes the General Drivers and Helpers Union Local #421, certified by
the Public Employment Relations Board in Case #§709 and amended in Case
Numbers #§61§, 1697, 1290 and 439, as the exclusive bargaining representative for
certain empioyees of the City of Dubuque. The following has been determined as the
bargaining unit:
INCLUDED: Full-time employees in the following positions in the Airport and
Operations and Maintenance Departments and Transit, Civic Center, Park, Recreation
and Parking Divisions:
Laborer, Sanitation Laborer, Serviceworker, Utilityworker, Truck Driver, Equipment
Operator I, Gardener, Maintenanceworker, Parking Meter Serviceworker I, Park
Ranger, Sanitation Driver, Transportation Clerk, Equipment Operator g, Stock Clerk,
Mechanic, Forester, Foreman, Lead Mechanic, Line Serviceworker and Traffic Signal
Technician I1.
Part-time employees in the following positions in the Civic Center Division:
Laborer g (Housekeeping), Crew Leader
Part-time employees in the following position in the Parking Division:
Seasonal, temporary or limited term employees who ere employed over four
consecutive months in a period of twelve consecutive months in the following
positions in the Park and Recreation Divisions and Operations and Maintenance
Laborer, Sanitation Driver, Truck Driver, Fee Collector
EXCLUDED: All non-bargaining unit, supervisory and confidential employees, all other
temporary, seasona~ or limited term employees and all other employees excluded by
Section 4 of the Act.
ARTICLE II
GENERAL CONDITIONS
Public Employer Rights
Public employers shall have, when not in conflict with other provisions of this
Agreement, in addition to all powers, duties, and rights established by constitutional
provision, statute, ordinance, charter or special act, the exclusive power, duty and
the right to:
A. Direct the work of its public employees.
B. Hire, promote, demote, transfer, assign, and retain public employees in
positions within the public agency.
C. Suspend or discharge public employees for proper cause,
D. Relieve public employees from duties because of lack of work or for other
legitimate reasons.
E. Maintain the efficiency of governmental operations.
F. Determine and implement methods, means, assignments and personnel by
which the public employer's operations are to be conducted.
G. Take such actions as may be necessary to carry out the mission of the public
employer.
H. Initiate, prepare, certify and administer its budget.
I. Exercise oil powers and duties granted to the public employer by law.
ARTICLE Ill
' NO STRIKE CLAUSE
It shall be unlawful for any public employee or any employee organization,
directly or indirectly, to induce, instigate, encourage, authorize, ratify or participate in
a strike against any public employer.
It shall be unlawful for any public employer to authorize, consent to or condone a
strike; or to pay or agree to pay anv public employee for any day in which the
employee participates in a strike; or to pay any increase in compensation or benefits
to any public emplovee in response to or as a result of any strike or any act which
violates the first paragraph of tbis Article.
Any other provisions as stipulated in Public Employment Relations Act, Chapter 20,
Code of Iowa shall be applicable.
ARTICLE IV
UNION REPRESENTATIVES
The Union shall provide the City with a list of representatives by name, position and
area which each representative serves (if steward). Changes in this list shall be
furnished to the City promptly. The City need not recognize any Union representative
of whom it has not been informed.
When necessary to investigate a grievance, with knowledge and approval of the
department manager, the Business Agent may meet with the employee, steward
and/or shop committee member on the job site.
ARTICLE V
UNION NEGOTIATING COMMITTEE
Members of the negotiating committee shall be paid their regular rate of pay when
they participate in negotiating meetings during their regular scheduled work day.
The number of employees eligible for payment shall be limited to four (4). No
payment shall be made to any employee when he/she negotiates outside of his/her
regular work hours.
ARTICLE VI
NONDISCRIMINATION
There shell be no discrimination against any employee in the bargaining unit by either
party to this Agreement because of mental or physical disability, age, sex, marital
status, race, color, religion, national origin or political affiliation.
Complaints involving an allegation of discrimination may be filed with the
appropriate agency but shall not be a proper subject for the grievance procedure
of this Agreement or the appeal procedure set forth in Chapter 400, Code of Iowa.
ARTICLE Vii
UNIFORMS
Section 1
Except as herein provided, upon completion of the employee's trial period, the City
shell furnish each regular employee with the following articles of work clothing:
Three (3) long sleeve shirts
Three (3) short sleeve shirts
Three {3) trousers
One (1! summer jacket
One {1) winter jacket
Park division employees shall receive either a winter parka or a winter jacket. Rain
gear shall be provided to employees assigned, on a regular basis, to the refuse,
recycling and yard waste collection activities. Raingear shall be made available to
employees in the classification of Lead Airport Line Serviceworker.
Replacement of these articles shall be subject to the approval of the department
manager.
Section
Employees shall wear and maintain uniforms in a presentable condition while on
duty and shall not wear them for any off-duty activities. City furnished uniforms
must be returned upon termination of employment or the cost of such uniforms
4
shall be deducted from the employee's final check. In the event monies are not
available from the final check, the employee shall be liable for such payment as
determined by the City.
ARTICLE VIII
PAYDAY
Payday shall be every other Friday. if the payday is an observed holiday, the
payday shall be the day before the holiday.
ARTICLE IX
BULLETIN BOARDS
Bulletin boards shall be provided by the City in each department for posting notices of
Union recreation and social affairs, Union elections, Union appointments and Union
meetings. All notices must be signed by a Union representative and approved by the
department manager prior to posting.
ARTICLE X
PAYROLL DEDUCTIONS
During the term of this Agreement the City of Dubuque, Iowa agrees, after receipt of
a proper "Authorization for Dues Checkoff" card signed by the employee, to deduct
the uniformly required dues as certified by the Financial Secretary of the Union, Such
dues deducted shall be transmitted by the City to the Financial Secretary of the
Union.
It is understood and agreed to by the City, the Union and the employee that the dues
checkoff authorization may be terminated by the employee at any time by giving
thirty (30) days written notice. (Reference, Code of Iowa, Chapter 20, Subsection
20.9 and Chapter 736A, Subsection 736.A.51.
Any City employee who is a member of the Credit Union affiliated with the Union
representative may provide for regular checkoff of regular payment to said Credit
Union each pay period. Such checkoff or wage assignment shall be honored by the
City with the provisions of State law governing wage assignments. By this
Agreement, the City agrees to accept such assignments when properly presented in
writing.
The City shall have no obligation to deduct or collect monthly dues or credit union
payments from a Union member whose net pay for a payroll period, after all other
deductions, is insufficient to cover the total authorized deductions for that payroll
period. The Union shall hold the City harmless against any claims or law suits
instituted or any losses incurred because of the City's performance of its obligations
under this Article. The Union further agrees to refund to the City any amounts paid to
the Union in error.
ARTICLE XI
iNJURY LEAVE
Section I
When a regular employee of the City sustains a personal injury or illness arising ~ut of
and in the course of his/her employment, the employee may, for the first three (3)
working days of total disability following the injury use earned and unused sick leave
credits. Beginning of the fourth calendar day of total disability following the day of
injury or illness the employee may receive in addition to the Worker*s Compensation
benefits a sum which together with said Worker's Compensation benefits shall equal
one hundred percent (100%) of the employee's regular rate of pay. The difference
between the Worker's Compensation benefits and the full one hundred percent
(100%) regular rate of pay will be deducted from the earned and unused sick leave
credits of the employee. Upon expiration of an employee's accumulated and unused
sick leave credits the employee shall be e~ntitled only to the benefits under the Iowa
Worker's Compensation Law.
Section 2
With the exception of those benefits provided by State ~aw, an employee who is
physically able to and who fails to report within seventy*two (72) hours a~y
job-related injury or illness, however minor, to his/her department or division manager
and to take such first aid or medical treatment as may be necessary, shall not be
6
eligible for the benefits outlined in this Section. An employee shall return to work
when the physician states he/she is able to do so, Prior te being allowed to return to
work, the employee shall provide a written statement from a physician stating that
the employee is released to return to work and is capable of performing the essential
functions of his/her position.
ARTICLE XII
MILITARY LEAVE
Military leave shall be administered in accordance with the Code of Iowa, Section
29A.28, Employees desiring a military leave shall submit a written request to the
department manager, with a copy to the Personnel Office, at least fourteen (14)
calendar days in advance of when such leave is to begin.
Any disagreement involving the interpretation or application of this Article shall not
be a proper subject for the grievance procedure of this Agreement or the appeal
procedure set forth in Chapter 400 (Civil Service), Code of Iowa.
ARTICLE xlg
FUNERAL LEAVE
All regular full time employees shall be granted upon request, time off with pay for
such periods of time as set forth below:
Employees on e five {5) day schedule work week.
A. Death of an employee's spouse.
Seven (7) calendar days with o maximum of five (5) working days pay.
B. Death of an employee's child or step-child,
Three {3) scheduled working days.
C. Death of other members of employee's immediate family,
1. Relationships which are considered as other members of employee's
7
family are mother, father, mother-in-law, father-in-law, sister, brother,
grandmother, grandfather, sister-in-law, brother-in-law, step-mother,
step-father, legal guardian and grandchild.
In the event the employee is the person responsible for making ar-
rangements for the funeral and attending same, a period of time from
when death occurs until the day following the funeral, but not to exceed
three {3) scheduled working days with pay.
in the event the employee is not the person responsible for making ar-
rangements for the funeral, one (1) scheduled working day shall be al-
lowed to attend the funeral providing the funeral service falls on a
scheduled working day of the employee.
If the conditions under Section C3 are applicable and the employee Is
assigned to the second shift, normally 3:00 PM to 11:00 PM, said em-
ployee shall be allowed two (2) scheduled working days off; namely the
day before the funeral and the day of the funeral, providing the funeral
service falls on a scheduled working day of the employee.
Special Provision
It ia recognized that a death of a person other than the relationships listed above
could warrant consideration for some paid funeral leave.
In this event the employee should make known the situation to the department
manager involved.
The department manager may exercise administrative approval consistent with the ~
intent of this funeral leave provision. ~
The department manager should document the administrative approval by written
notice to the Personnel Office.
ARTICLE XIV
SICK LEAVE
Section 1
it is the purpose of this sick leave provision to protect the employee from financial
8
loss during an absence from work on account of illness or injury of the employee. In
accordance with the following provision, sick leave with pay may be granted for
illness or injury to the employee including service core,acted illness or inju[y, and also
for illness to or injury of members of the employee's family {spouse, dependent
children or step-children and parents or step-perents). NO more than six {6) sick days
per employee per fiscal year shall be granted for illneJs to or injury of members of the
employee's family as defined in this Article. An employee who incurs an illness or
injury while employed by another employer or doing contract work for pay shall not
be entitled to sick leave benefits.
Section 2
Sick leave shall be administered as follows:
All absences from work chargeable against sick leave shall be reported to the
employee's immediate supervisor prior to the start of work on the day of absence..
Failure to do so shall result in the loss of sick leave payment. No employee shall
receive compensation by reason of sick leave benefits until the department or division
manager has certified the cause of the absence for which sick leave benefits are
requested. The City reserves the right at any time to require proof of illness or injury.
The City may require a medical examination, performed by a physician selected by the
City, to determine the eligibility of employees to remain on sick leave or return to
work. Said examination shall be paid by the City. Abuse of sick leave or fraudulent
use of sick leave shall be cause for disciplinary action. It is the responsibility of the
employee to keep the department or division manager informed each day of absence
chargeable to sick leave.
Section 3
Sick leave shall accrue at the rate of one (11 day {eight {8] hours) per month 13.6923
hours biweekly) of continuous service. The term month as used in this Section shall
mean calendar month. An employee shall start to accrue sick leave from his/her date
of appointment to a full time position and shall be eligible for sick leave after sixty
1601 calendar days of continuous service. Sick leave shall be paid to the employee at
his/her regular rate of pay predicated on an eight (8) hour work day. Employees shall
be charged one (1) sick day (eight [8) hours) for every day of absence. It is under-
stood that sick leave shall not be paid to an employee who is on his/her regular day
off. Sick leave shall be considered time worked for purposes of computing contract
overtime only. An employee who is on a leave due to an injury or illness shall accrue
sick leave for a period not to exceed sixty (60) calendar days following the date of
injury or illness.
Section 4
Any unused portion of sick leave shall accumulate from fiscal year to fiscal year to a
maximum of ene hundred twenty (120) work days, Accrual of sick leave shall
terminate upon discharge, resignation, retirement, layoff or death of the employee.
Section 5
Upon retirement or death, an employee or his/her beneficiary shall be paid for
twenty-five percent {25%) of accumulated sick leave over sixty (60) days at the
average base wage rate for the ten {10} years prior to retirement. No payment
for unused sick leave shall be made to any employee who separates from the City
service before the age of sixty-two (62).
ARTICLE XV
PREGNANCY LEAVE
An employee's pregnancy, child birth or related medical condition is regarded as a
temporary disability . The commencement and duration of leave, availability of
extensions, accrual of seniority and other benefits and privileges, reinstatement, and
payment under the City's health insurance, disability Insurance or sick leave plan,
fo{mai or informal, shall be applied to a disability due to the employee's pregnancy,
child birth or related medical condition on the same terms and conditions as they are
applied to other temporary disabilities. Sick leave benefits, to the extent of an
employee's accumulated sick leave shall be granted, if requested by the employee, for
the period that the employee is disabled because of the employee's pregnancy, child
birth or related medical condition. The employee may use other available paid leaves
such as vacation, compensatory time or casual day or a leave of absence without pay
beyond the period of temporary disability may be granted in accordance with Article
XVl, LEAVE OF ABSENCE WITHOUT PAY_, of this Agreement. The employee is
responsible for providing timely notice of the period of leave requested. The City
reserves the right to require that the employee's disability resulting from pregnancy be
verified by medical certification statin~ that the employee is not able to reasonably
perform the essential functions of her position.
ARTICLE XVI
LEAVE OF ABSENCE WITHO~T PAY
Section
A leave of absence without pay may be granted by the City Manager upon the
recommendation of the department manager. An employee desiring a leave of
absence without pay shall submit a request in writing to the City Manager at least
seven (7} calendar days in advance of when the leave is to begin. The request shall
contain a statement as to the reason(s) for the desired leave, the date when the leave
is to begin, and the date of return to duty. Requests for a leave of absence without
pay for union business or activities will be given serious consideration. Denial of a
request for a leave of absence without pay or the reason{s) therefore shall not be a
proper subject for the grievance procedure of this Agreement or the appeal procedure
set forth in Chapter 400, Code of iowa. Failure to return to work as the end of a
leave shall constitute cause for dismissal. It is understood that a leave of absenc~
without pay shall not be used for the purpose of accepting employment elsewhere.
An employee accepting other employment shall be terminated. An employee may be
required to take s physical examination before being allowed to return to work after a
leave of absence without pay an employee granted a leave of absence without pay,
upon completion of the leave, shall be returned to the same position and the same
pay step in the pay grade corresponding to the classification occupied st the time the
leave began. Except as provided in the Family and Medical Leave Act of 1993, dudng
a leave of absence without pay, the employee shall continue to accrue seniority, but
shell not accrue or receive any other privileges, benefits or pav granted by this
Agreement,
ARTICLE XVII
SENIORITY
Section 1
An employee shall serve a trial period of at least six {6) months. After completing six
{6) months of continuous service in s full-time position, the employee shatl have
established seniority and the employee's seniority date shall be retroactive to the
most recent date of employment in a full time position. For purposes of computing
benefits, length of continuous service shall relate to an employee's most recent date
of employment in a full time position. For purposes of this Agreement, the term
employee shall mean full time employee. An employee may be laid off or discharged
any time prior to the end of the trial period and such discharge or layoff shall not be
subject to the grievance procedure of this Agreement or the appeal procedure set
forth in Chapter 400, Code of Iowa, The Union shall not assert or present any
grievance or appeal on behalf of an employee because of any matter or occurrence
whatsoever falling within the trial period,
Section 2
Layoff and seniority rights shall be administered in accordance with Chapter
400, Civil Service, Code of Iowa.
Section 3
An employee's seniority and employment relationship with the City shell be broken
and terminated for the following reasons:
The employee voluntarily leaves the City's employment.
The employee is absent for work for two {2} consecutive working days without
notifying the City unless a reason satisfactory to the City is given for failure to
notify the City.
The employee is discharged for just cause.
If, after s layoff, the employee fails to report for work within five {5)
working days after being notified in writing, by registered letter, to do so. Said
notice to be mailed to the employee's last known address.
E. Death or retirement.
Failure to report for work at the expiration of a leave of absence or vacation
period, unless the employee can.establish a reason that is satisfactory to the
City for not returning to work when expected.
ARTICLE XVlll
JOB POSTINQ '
The City shall post notices of open jobs for three (3) working days to afford regular
employees an opportunity to sign the list and to secure and complete an informational
form to afford employees an opportunity for consideration.
Priority for filling the open jobs shall he es follows:
First, to full-time bargaining unit employees within the Division where the opening
exists. For the purpose of this Article only, the following Activity Groups in the
Operations and Maintenance Department will be treated es Divisions:
1. Landfill
2. Sewer
3. Street
4. Solid Waste
5. Garage
Second, to full-time bargaining unit employees in the Department where the opening
exists;
Third, to all other full-time bargaining unit employees;
Fourth, to eligible part-time and temporary emplovees who have completed 3,600 or
more hours of work in a position covered by this Agreement, unless a full-time
employee in any Department or Division of the City is subject to being laid off. In
which case, the full-time employee shall have priority over an eligible part-time or
temporary employee.
Fifth, to any other source.
Facts that will be considered in filling the open job shall be as follows:
The most competent employee to do the duties of the job. Competency is
defined as proven ability, knowledge or skill for the handling of e specific job.
The following criteria will be used to judge an employee's competency.
Related experience on the job
Working relationship with other employees, supervisors end customers
Attendance {punctuality, dependability)
v~ Concern for safety
· Care of equipment
~- Leadership, {judgement, organizational skills, communication skills,
adaptability, innovation, initiative)
· Quality and quantity of work
B, Physical ability to perform the essential functions of the job.
C, Length of continuous service in a full-time position in the bargaining unit.
When A and B are equal, length of continuous service, in a full-time position in the
bargaining unit, shall be the determining factor among employees of the same
competency level.
If the selected regular employee proves incapable of satisfactorily performing the job at
any time during a ten {10) working day orientation period, the employee shall be
returned to his/her former classification.
An employee who accepts a job for wbich he/she bid on may, at any time during the
orientation period only, return to his/her former classification at his/her own request.
Nothing In this provision shall require the City to post temporary or short-term openings
such as, but not limited to, summer jobs, vacation fill-in, etc.
Temporary employees covered by this Agreement are eligible to bid on vacant positions
covered by this Agreement during a layoff.
ARTICLE XlX
MEALS FOR EMPLOYEES AT CITY EXPENSF
An employee who works ten {10) or more consecutive hours shall be eligible for
reimbursement for the cost of a meal eaten on the day such hours are worked.
The reimbursement shall not exceed five dollars ($§.00), and a paid receipt dated the
date the overtime is worked must be presented.
In no case shall cash payment, in lieu ~f a meal, be authorized.
In no case shall an employee be paid while eatirfg a City furnished meal,
ARTICLE XX
JURY DUTY
Employees required to report for jury duty shell be pai~l the difference, if any, between
the compensation received for jury duty and their regular wage for each day of jury
duty. Mileage and meal allowance received by the employee shall not be deducted
from the employee's regular wage. Normally this is processed by having the employee
submit his/her jury duty compensation, excluding"expense reimbursement, to the
finance office. An employee who reports for jury duty and is excused shall report
immediately to his/her supervisor.
ARTICLE XXI
VACATIONS
Section
After an employee has one (1) veer or more of continuous service in a full time
position, the employee shall be eligible to receive two (2) weeks paid vacation at eighty
(80} hours at the regular rate of pay in each calendar year. After an employee has
completed eight {8) years or more of continuous service in e full time position, the
employee shah be eligible to receive three (3) weeks paid vacation at one hundred
twenty (120) hours at the regular rate of pay in each calender year, After an employee
has completed fifteen (15) years or more of continuous service in a full time position,
the employee shall be eligible to receive four (4) weeks paid vacation at one hundred
sixty (160) hours at the regular rate of pay in each calendar year. After an employee
has completed twenty-five (2E) years or more of continuous service in a full time
position, the employee shall be eligible to receive five {5) weeks paid vacation at two
hundred 1200) hours at the regular rate of pay in each calendar year.
Section 2
Vacation is earned du~ing the year of service preceding the year in which the vacation
is taken.
No vacation time shall be accrued during layoff due to lack of work when such tayoff
exceeds thirty {30) days.
No vacation time shall be accrued during a personal leave of absence when such
personal leave of absence extends beyond sixty {60) days.
Section 3
The vacation anniversary date of an employee shell be the same as the employee's
seniority date.
Vacations are to be taken within the twelve (12) month period immediately following
the vacation anniversary date.
Employees may accumulate up to a maximum of 320 hours of vacation.
Section 4
When one of the regular holidays falls during an employee's vacation, the employee
shall be allowed an extra day of vacation, eight (g! hours at the regular rate of pay.
Section 6
An employee who is on 8 leave due to an illness or injury shall accrue vacation for a
period not to exceed two (2) months following the date of illness or injury.
Section 6
Employees who have completed slx (6) months or more of continuous service and who
are laid off, resign or enter the military service, (provided the City is given a two
week notice in the case of resignation or military leave of absence} shall receive
vacation pay prorated to the last day worked.
Section 7
All vacation requests shall be subject to the approval of the depar[ment or division
manager. The method and manner of scheduling vacations and the number of
employees allowed off at any one time shall be at the discretion of the department or
division manager. Denial of a requested date for vacation shall not be a subiect for the
grievance procedure of this Agreement or the appeal procedure set forth in Chapter
400, Code of Iowa.
ARTII~I~E XXII
HOLIDAYS
Section 1
The following calendar days of the year shall be considered as holidays insofar as the
administration of City business is concerned. When the term "holiday" is used it shall
be construed to be the following days:
A. New Year's Day January First
B. Memorial Day Last Monday in May
C. Independence Day July Fourth
D. Labor Day
E. Veterans Day
F. Thanksgiving Day
Day after Thanksgiving
Christmas Eve
I. Christmas Day
J. New Year's Eve
First Monday in September
November Eleventh
Fourth Thursday in November
Friday following Thanksgiving Day
December Twerlty-Fourth
December Twenty-Fifth
December Thirty-First
Section 2
An employee shall forfeit the right to payment for a holiday if scheduled to work the
holiday and does not report or if absent from work the last scheduled workday preceding
and/or the first scheduled workday following the holiday, unless excused by the City for
the following reasons:
A. Formal leave of absence.
B. Job incurred injury.
C. Funeral leave.
D. Subpoena as a witness.
Illness or injury of Jess than two (2) months duration with proper doctor's docu-
mentation.
F. Excused absence approved in writing by and at the sole discretion of the
department manager -- excludes casual days and leaves of absence without pay.
Section 3
When a holiday falls on Sunday, the following day shall be declared e holiday for the
employee. When a holiday falls on Saturday, the preceding day shall be declared a
holiday for the employee.
Section 4
Employees eligible for holiday pay shall be entitled to eight (8) hours at the regular rate
of pay for each of the named holidays.
ARTICLE XXIII
CASUAL DAY
Considerations
1. Two (2) casual days with pay per fiscal year shall be allowed.
2. Approving or disapproving the employee's requested date for each casual
day shall be at the sole discretion of the employee's department manager
or an authorized representative.
The employee's request for a specific day shall be given maximum con-
sideration consistent with the conditions set forth below under B, but final
approval is subject to (2) above and denial of the employee's requested
date is not a proper subject for a grievance.
Exception to (3) above would only be considered as a proper subject for a
grievance if the employee alleges that the requested date was disap-
proved because of arbitrary, capricious or personal prejudice on the part
of the approving authority.
The Union recognizes that approval or disapproval of a specific day must
consider the efficient level of service due the general public.
B, Conditions
1. A casual day may be taken anytime during the contract period subject to
the provisions of A2 above.
2. A new employee must have completed at least four (4) full calendar
months of the trial period in order to be eligible for a casual day.
3. Under no circumstances shall pay be requested or approved in lieu of the
casual day off with pay.
Once a date has been approved for an employee as a casual day, it may
not be rescheduled except under the most extenuating circumstances;
however, it is understood and agreed that the right to cancel and
reschedule an employee's casual day is reserved by the department
manager or his/her representative when such extenuating circumstances
exist.
ARTICLE XXIV
LONGEVITY
Section 1
Longevity pay shall mean a percentage of salary based on the length of continuous
service paid each payday to employees in addition to their regular rate of pay.
Section 2
Regular employees performing satisfactorily for a continuous period of six {6) years
shall be advanced in pay on the anniversary date of hire by one percent (f %) of their
regular rote of pay, After twelve (12} years of continuous service employees shall be
advanced in pay by two percent {2%) of their regulaF rate of pay. After eighteen (t S)
years of continuous service employees shall be advanced In pay by three percent (3%}
of their regulor rate of pay. After twenty-four (24} years of continuous service
employees shall be advanced in pay by four percent (4%} of their regular rate of pay.
After thirty {30) years of continuous service employees shall be advanced in pay by
five percent (5%} of their regulor rate of pay.
ARTICLE XXV
.H. OURS OF WORK
The regular work day sholl be eight (8} hours and the regular work week shall be forty
(40) hours with the exception of employees assigned to the Airport and the Civic
Center. The regular work week for employees assigned to the Airport and the Civic
Center shall average forty (40) hours.
Employees assigned to the Airport shall be granted a lunch period during each work
shift. Such lunch period shall be without pay, and whenever possible, shall be
scheduled in the middle of the work shift~ Employees shall be paid for all time worked
during their lunch period.
ARTICLE XXVI
_OVERT ME
One and one-holf (1 ~/2) times the regular rate of pay shall be paid for ell hours
worked in excess of eight (8) hours per day or forty (40} hours per week with the
following exception: employees assigned to the Airport and Civic Center shall be
eligible for the overtime rate of pay for hours worked in excess of eight (8) hours
per day or eighty {80) hours per pay period (biweekly}.
Two {2J times the regular rate of pay shall be paid for all hours worked on a
holiday.
At the discretion of the department or division monager, employees who are eligible
to receive overtime may be granted time off in order to compensate for and in lieu
of overtime payment. Compensation shall not be paid more than once for the same
hours of work under any provision of this Article or Agreement. When overtime is
required, it must be approved in advance by the employee's supervisor.
ARTICLE XXVII
NIGHT SHIFT PREMIUM PAY
Employees regularly assigned to the second shift, normally 3:00 PM to 11:00 PM
shall receive en additional tan cents (t~.10) per hour on their regular rate of pay as a
shift premium.
Employees regularly assigned to the third shift, normally 11:00 PM to 7:00 AM shall
receive an additional twenty cents ($.20} per hour on their regular rate of pay as a
shift premium.
Park and Recreation Department employees assigned to ice rink flooding duties
{during the applicable season only} shall receive an additional fifteen cents ($. 15)
per hour on their regular rate of pay as a shift premium if such work is performed
during a shift for which premium payment is allowed. Said payment is not allowed if
such work is being performed on an overtime basis.
Employees assigned to salt crews on split shifts, one mechanic assigned to the
garage on a split shift and one garage serviceworker assigned to the transit garage
on a split shift shall be paid eight (8) hours shift premium at ten cents ($. 10} per
hour if their regular schedule includes a part of the second shift and shall be paid
e~ght (8) hour shift premium pay at twenty cents ($.20) per hour if their regular
schedule includes part of the third shift.
All other employees whose work schedule overlaps into a shift for which premium
payment is allowed shall be entitled to the appropriate premium payment only if
three (3) hours or more of the work shift overlaps into a shift for which premium
payment is allowed. If the conditions of this section apply, an employee shall
receive the appropriate premium payment for the number of hours worked during
the shift for which premium payment is allowed. If an employee's work schedule
overlaps from the second shift to the third shift, said employee sha~( receive the
appropriate premium payment based upon the hours worked in each shift.
Example 1:
Shift Assignment - 5:00 AM to 1:00 PM
Shift Premium Payment - 0
Example 2:
Shift Assignment - ~0:00 AM to 6:00 PM
Shift Premium Payment ~ 3 hours @ ~.10 per hour
2o
Example 3:
Shift Assignment · 1:00 PM to 9:00 PM
Shift Premium Payment- 6 hours @ $,10 per hour
Example 4:
Shift Assignment. 9:00 PM to B:00 AM
Shift Premium Payment - 2 hours @ $.10 per hour
6 hours @ $.20 per hour
Employees who ere eligible for shift premium payment shall continue to receive
such payment while on vacation, An employee who is on a paid leave, other than
vacation, or on an unpaid leave shall not receive shift premium payment. Shift
premium payment shat/not apply when an employee is receiving overtime or any
other type of premium payment.
ARTICLE XX¥111
CALLBACK
An employee who, after having left the premises following the completion of his/her
regular shift is recalled for additional work she race v
and one-half (1 ~,~) times the regular rate of -a- ,.,k e two {2) hours Pay at one
, v. vv.en such work merges with the
employee's work day this provision does not apply. Under no circumstances shall
an employee be paid twice for the same hours worked.
The City has the right to determine who is on call. Employees on call will receive,
at their option, either two (2} hours compensatory time, or two (2) hours at their
regular rate of pay for each weekend or holiday that they are on call. Employees
who are on cell but are not available for work will be subject to the disciplinary
procedure.
ARTICLE XXIX
GROUP )NSURANC~E
Section 1
HEALTH INSURANCE. The City sha~ pay the full cost of the employee's personal
premium and the dependent premium provided the employee is enrolled in the City's
designated health insurance plan. Employees who elect to enroll in a health mainte-
nance organization, preferred provider organization or a similar form of health
insurance plan shall reimburse the City in an amount equal to the difference in the
cost between the health maintenance organization, preferred provider organization
or similar insurance plan and the City's designated health insurance plan.
S~ection 2
~DENTAL INSURANCE. The City shall pay the full cost of the personal premium for
employees covered by this Agreement. Employees are eligible for coverage the first
of the month following completion of thirty {30) days of continuous service In a full
time position.
Sect on 3
.L.!FE/ACCIDENTAL DEATH AND DISMEMBERMENT/DISABILITY iNCOME PROTEi ;-
TION NSURANCE
The City shall pay the full cost of the life insurance, accidental death and dismem-
berment and disability incame protection insurance for employees covered by this
Agreement. Employees are eligible for coverage the first of the month following the
completion of thirty days of continuous service in a full-time position.
_Section 4
The specific benefits for health, ~tfe, accidental death and dismemberment and
disability income protection insurance are set forth in master policies and shall in alt
cases be the determining factor as to eligibility and amount of coverage extended to
each employee. The City shall retain the right to change insurance carriers or
change the method in which insurance is provided, at any time, and such action by
the City or the reason(s) therefore shall not be subiect to the grievance procedure of
this Agreement or the appeal procedures set forth in Chapter 400, Code of Iowa.
Section §
Whenever a covered employee ceases employment with the City the group insur-
ance plans terminate. Health insurance benefits for dependents also terminate when
the employee ceases to be eligible for coverage or when that dependent ceases to
be eligible as a dependent. However, a $1~0OO life insurance policy shall be
continued by the City for employees who retire. Eligibility and amount of coverage
shall be in accordance with the re/ms of the Insurance Master Agreement.
22
Section 6
Disability income protection insurance shall be granted for any non-service con-
nected illness or injury which renders such employee unable to perform the duties
of h/s/her employment. An employee who Incure eq injury or illness while employed
by another employer or doing contract work for pay shall not be entitled to the
benefits provided under the disability income protection insurance policy Employees
who become eligible for disability Income ro '
~upplement accrued sick leave with tho a~-P~r~'e'?i~°n insurance shall be eligible to
income ~ u,~aum[y ~ncome protection benefits. Total
of an employee's sick leave Payment and disability income protection
insurance benefits shall not equal more than one hundred percent {100%) of an
employee's regular rate of pay. Upon expiration of an employee's accumulated sick
leave, the employee shall be entitled to only the benefits payable under the disabil-
ity income Protection insurance po)Joy.
Section 7
The City shall continue to pay the premium cost of group insurance benefits for a
period not to exceed fourteen (14} months from the day an employee starts a leave
of absence for a non-work incurred injury or illness. However, Jn no event shell the
City pay the premium for a period greeter then the employee's length of service to
the City. In the case of a work incurred injury or Illness the City shall continue to
pay the premium for a period not to exceed fourteen ¢14) months from the start of
the leave of absence.
Section 8
The City shall discontinue payment of all insurance premiums for an employee who is
discharged, resigns, retires, dies, is laid off or separated from the City for any other
renege.
Section 9
The City shall provide IRS Section 125 Flexible Spending Accounts for medical and
dependent care expenses,
ARTICLE XXX
GRIEVANCE PROCEDURE
A grievance shal~ be defined as a d~spute or disagreement raised by an employee
against the City involving the interpretation or application of specific
provisions of this Agreement, except any matter governed by Iowa Civil Service Law
IChapter 400, Code of Iowa) shall not be considered a grievance and subject to the
grievance procedure, nor shall any disciplinary action which may be appealed to the
Civil Service Commission be considered a grievance and subject to the grievance
procedure hereinafter set forth. Any action or claim which is within the Jurisdiction of
the Civil Service Commission to decide must be brought under Iowa Civil Service Law.
The City is desirous of obtaining an equitable and prompt adjustment of grievances and
grievances shall be settled orally, whenever possible, between the employee's
supervisor and the aggrieved employee. The employee's supervisor shall be notified of
the alleged grievance within five (6) work days of the date the alleged grievance
occurred. Failure of the employee to notify his/her supervisor
within five (5) work days of the date the alleged grievance occurred shall constitute a
withdrawal of the grievance.
The City shall not be obligated to accept a written grievance until such grievance has
been discussed orally between the aggrieved employee and his/her supervisor.
~tep 1
Grievances not settled in two (2) but not more than five (S) work days after discussion
with the supervisor may be reduced to writing and presented to the department
manager. The nature of the complaint shell be clearly stated so that the department
manager will have a fair opportunity to locate the cause of the problem and settle the
matter to the satisfaction of all parties concerned, The department manager will answer
in writing within five (5} work days after receipt of the grievance. If a meeting is held
with the department manager, the aggrieved employee may be accompanied by the
steward from his/her section.
Step 2
If the department manager's written answer is not satisfactory the grievance may,
within three 13} work days, be appealed to the City Manager and shall, as soon as
possible after receipt of this appeal b~considered in a meeting between representatives
selected by the City and Union. The president of the Union may be accompanied with
no more than two 12) Union representatives. The City Manager will give a written
answer within fifteen {15) work days after this meeting.
Step 3_
If the grievance is not settled in Step 2, within twenty {20) calendar days after
receiving the City's written answer, either party may submit the grievance to
23
24
arbitration. The invoking of arbitration by the Union shall require the approval of the
Union and the approval of the aggrieved employee. The Parties shall attempt to select
an arbitrator as SOOn aa practical after receipt of a request for arbitration. If the parties
do not agree upon the selection of an arbitrator within fifteen 116) calender days after
receipt of the request for arbitration, the Public Employment Relations Board shall be
requested to furnish e list of five IS) arbitrators. This party requesting arbitration shall
strike the first name; the other party shall then strike one (1) name. The process shall
be repeated and the remaining person shall be the arbitrator.
The decision of the arbitrator, within the scope of his/her authority, shall be final and
binding on both parties to this Agreement, The arbitrator shell have no power to add
to, subtract from or change any of the provisions of this Agreement. Nor shall he/she
binding upon the City, The arbitrator shall not have power to accept or to decide any
have authority to render any decision which confliota with any law, rule or regulation
disagreement which involves a matter within the jurisdiction of the Civil Service
Commission {Chapter 400, Code of Jaws). The fees and expenses of the arbitrator shall
be shared equa~ly by the City and the Union. However, each party shall be responsible
for compensating their own witnesses and representatives as well as paying for
transcripts of the proceeding. Awards shall n0t be retroectlve beyond the date of the
occurrence or event giving rise to the grievance.
Union representatives, when processing Steps 1 and 2 of the grievance procedure,
shell be permitted to leave work after receiving approval from their supervisor and shall
suffer no loss of their regular rate of pay but shall not be eligible for overtime paV or
any Other type of premium pay. The City shall not be responsible for Paying any
employee aa a result of his/her participation in arbitration or Civil Service proceedings.
The time specified for each step of the grievance procedure may be extended by
mutual consent. If an answer to a grievance is not given to the employee by the City
within any of the time limits specified in this Article, the gdavance may be appaaled to
the next step in the grievance procedure. Failure of the employee or the Union to
Comply with any time limitations shall constitute a withdrawal of the grievance.
ARTICLE XXXl
WAGE PLAN
The following salary schedules shell represent the regular {straight time or base) rate of
pay for positions covered by this Agreement;
STEP STEP STEP STEP
C D E F
POSITION SALARY STEP STEP
CLASSIFICATION GRADE A B
Hourly rates effective 7/1/2001 through 6/30/2002
· Hired or appointed on or after January 1, 1998
~ ·Hired or appointed on or before December 31, 1997
25
26
POSITION SALARY
HCLn~A,,~,SI.F=I.C_~AT~!.ON~ _ GRADE SATEP STEP STEP STEp STEp STEP
B C D E F
HOudy rates effect,ye 7/1/~'~hrough 6/3~/200 B C D E F
Gerdefler GD-06
Park Ranger GD-06
GD-OR
· Hired or appointed on or after Januarv 1, 1998
'"Hired or appointed on or before Oecember 31, 1997
POSITION SALARY STEP STEP STEP
CLASSIFICATION GRADE A B C
Hourly rates effective 7/1/2003 through 6/30/2004
STEP STEP STEP
D E F
· Hired or appointed on or after January 1, 1998
· *Hired or appointed on or before December 31, 1997
Generally, the minimum pay step in the salary range established for a position shall be
applicable Upon appointment to a position in the bargaining unit. Upon promotion en
employee shall be placed in the firEt step of the salary range established for the
position to which the employee is promoted that would provide a one (1) step increase.
Advancement to succeeding pay steps in the salary range established for a position
shall be based upon a satisfactory performance evaluation. An employee who
consistently meets and exceeds performance standards established for a position is
eligible for a one (I) stap performance advancement. An employee is eligible
for a performance advancement (step increase) in accordance with the following
schedule:
27
28
INTERVAL
STEP NUMB__ER OF MONTHS
ATOB 6
B TO C 12
CTOD 12
DTO E 12
E TO F 12
An employee who is denied a performance edvanc~rnent shall be required
(6} or twelve (12} months, (depending upon the pay step he/she ia in}
before he/she is eligible for another performance advancement.
to watt SiX
ARTICLE XXXII
TOOL ALLOWANCE
On July 1, next following an employee's appointment to the position of mechanic, the
employee shall receive a tool allowance of seventy dollars ((~70.00} each fiscal year
payable on July 1 of each year while in such position. (ExampJe: Date of appointment
to the position of mechanic - May 1, 1981; date of first payment -Julv 1, 1981 .}
Effective July 1, 2000, the tool allowance for employees in the position of mechanic
will be increased from seventy dollars ($70.00) each fiscal year to one hundred
twenty-five dollars ($125) each fiscal year and will be paid in accordance with the
terms contained in paragraph one of this Article.
ARTICLE XXXIg
TEMPORARY ASSIGNMENT
Management reserves the right to temporarily assign employees to other job
classifications, In the event an employee is assigned to a higher job classification on a
temporarv basis, said employee shall receive the equivalent of a one (1} step increase
for such other classification in which he/she is temporarily serving. The rate of pay in
the temporary classification shall commence after the employee has served twenty (20}
consecutive work days in such other capacity, and shall be retroactive to the first day
the employee served in such uther capacity. Said employee shall be paid at the higher
rate of pay only when he/she is working in such other capacity.
29
ARTICLE XXXIV
PART TIME EMPLOYEES
Part-time employees shall mean an employee hired on a continuous employment basis
with a work schedule throughout the fiscal year that normally consists of thirty-two
132) hours per week or less on the average (1,604 hours annually). Said work
schedule shall not be construed as a guarantee of hours per day, per week, per year.
Part-time employees shall be entitled only at the rates of pay for the classifications set
forth in Addendum A and the benefits set forth in Article XVIII - Job Posting of this
Agreement. Part-time employees shall not accrue or receive any ot~er benefits, pay or
privileges granted by this Agreement or be subject to any other provision of this
Agreement. This Article sha;l apply to part-time employees in the classifications of
Laborer II (Housekeeping) and Crew Leader and all other part-time employees who
meet this definition.
ARTICLE XXXV
TEMPORARY EMPLOYEES
Temporary employee shall mean an employee hired on a seasonal or limited term basis
and who is employed for over four consecutive months in the position of laborer, fee
collector, sanitation driver or truck driver in the Park and Recreation Divisions and the
Operations and Maintenance Department. Temporary employees who qualify for
inclusion in this bargaining unit in one calendar year will not be covered by this
Agreement until the succeeding calendar year and will presume to qualify at the
commencement of the succeeding year for purposes of coverage by this Agreement
and will thereafter qualify so long as service in over four consecutive months in each
calendar year is maintained; however, one full year lapse in meeting the requirement of
over four consecutive months of service would necessitate requalification. If the
temporary employee works over four consecutive months and resigns, he/she would
have to requalify in accordance with the terms of this Article. The work schedule for
temporary employees shall not be construed as a guarantee of hours of work per day,
per week or per year. Temporary employees shall be entitled only to the rates of Pav
for the classifications set forth in Add. endure S and the benefits set forth in Article XVIII
- Job Posting of this Agreement. Temporary employees shall not accrue or receive any
other benefits, pay or privileges granted by this Agreement or be subject to any other
provision of this Agreement.
ARTICLE XXXVI
SAVINGS CLAUSE
Should any article, section or portion thereof of this Agreement be restrained or held
unlawful and unenforceable by any court of competent jurisdiction, such decision of
3o
the court shall apply only to the specified article, section or portion thereof restrained
or declared null and void in the decision and the remainder of this Agreement shall
remain in full force and effect.
ARTICLE XXXVII
D~U~IAT ON AND NEGOTIATIONS
This Agreement shall be effective the first day of July, 2OO1 and shall remain in full
force and effect through the thirtieth 130th) day of June, 2004. Negotiations for a
~ceeding Agreement to become effective on July 1, 2004, shall begin after August
2003, but not later than October 15, 2003,
Signed this.~__~day of~ ~'~4 r/~
GENERAL DRIVERS AND HELPERS UNION
LOCAL #421
ATTEST ~ ~'-
· .__ 2001.
CITY OF DUBUQUE. IOWA
//' -
ADDENDUM A
_W,~GE PLAN
The following salary schedules shall represent the regular Istratght time or basel rate of pay:
~OSITION SALARY STEP STEP STEP STEP STEP STEP
C~LASSIFICATION GRADE A B C D E F
Hourly rates effective 7/1/2001 through 6/30/2002
Laborer II
~OSITION SALARY STEP STEP STEP STEP STEP STEP
,CLASSIF CATION GRADE A n C D E F
Houdy rates effective 7/112002 through 6/30/2003
Crew Leader P.T, CC GD-O2
(~7.67
$8.95
~OSITION SALARY STEP STEP STEP STEP STEP STEP
CLASSIFICATION GRADE A D C D E F
Hourly rates effective 7/1/2003 through ~613012004
32
ADDENDUM B
WADE PLAN
CSeesonal) GD-26
Truck Driver $9.52
(SeasOnal} GD-26
I:aborer F-Park Div, ~9.62
Fee Collector--Park (16.53 t6,65
D/v, ISeasonal)
POSITION SALARY STEP STEP STEP ST~:P STEP STE~ -
CLAS_.___SIFICAT ON GRADE A R C D E F
Hourly rates effective 71112002 through §130/2003
POSITION SALARY STEP STEP STEP STEP STEP STEP
CLASSIRCATION GRADE A S C D E F
Hourly rates effective 7/I/2003 through 6/3012004
Laborer Operations/
Maint. (Seasonal) GD-21
Laborer II--Park & $7.92
Rec. ISea~onaI-LongJ GD-21 f7.92
Laborer I--Rec. Div.
ISeasonal - Short} GD.23 ~6.97 $7.23 ~7.37
Sal~tafJon Ddver
(Seasonal} GD-26
Truck Ddver $10.54
(Seasonall GD-26 e 1 O.54
Laborer i--Perk Div,
(Seasonal - Short) GD.3I
Fee Collector--Perk $7.23 t7.37
Div. (SeeaonalJ
Effective July 1, 20OO, temporary empJoyees will receive $.f5 per hour in addition to their
regular rate of pay as set forth in this Addendum after completing 3,500 continuous hours of
work i! a temporary posRio.~ covered by this Agreement.
33 34
CITY OF DUBUQUE APPROVED BY PAGE 1 OF 2
ADMINISTRATIVE POLICIES CITY MANAGER
SUBJECT: Residency Requirement for City NUMBER 4.05 EFFECTIVE DATE:
Employees Revised
November 20,
1997
Puroose: The purpose of this Administrative Policy (AP) is to put into AP format the City's
policy regarding residency requirements for City employees.
ScoPe: This AP covers all full-time and part-time employees under the a~ministrative control
of the City Manager.
Resoonsibilitv: It shall be the responsibility of the City Manager or his/her designated
representative to insure compliance with this AP.
Policy: All persons hired on or appointed after August 31, 1980, to a position of: (a)
department manager or assistant department manager, except Assistant Fire Chief and
Assistant Police Chief; (b) division manager; or (c) member of the City Manager's staff shall
have their principal residence within the corporate limits of the City of Dubuque within six (6)
months of the date of hire. Persons presently occupying any of the above described
positions who currently live within the corporate limits of the City of Dubuque ~
their principal residence within the corporate limits of the City of Dubuque during the term of
their employment with the City.
All other persons hired after August 31, 1980, shall be, within six (6) months of the date of
hire, residents of the State of Iowa and shall have their principal place of residence either
within the corporate limits of the City of Dubuque or within 6.5 miles of the corporate limits
of the City of Dubuque by the most direct street, road or highway.
~ Employees assigned to the Municipal Airport or the Metropolitan Solid Waste
Agency shall comply ,with this AP, or, at their option, reside within 6.5 miles of their
assigned worksite by the most direct street, road or highway..13 percent of the staff hours
established to operate the emergency communications center may be filled by employees
who reside within Dubuque County.
In the event any current City employee, prior to September 1, 1980, resides outside the
State of Iowa or resides in Iowa but lives more than 6.5 miles outside the corporate limits of
the City of Dubuque chanoes his/her place of principal residence on the first relocation so as
to be fifty percent (50%) closer to the 6.5 mile limit set in this AP, and on the second
change of residence must relocate within the 6.5 mile limit of this AP.
EXHIBIT
In the event any current City employee, prior to September 1, 1980, resides within the
corporate limits of the City of Dubuque or within 6.5 miles outside the corporate limits of the
City of Dubuque, such employee shall maintain such residence either within the corporate
limits of the City of Dubuque or within 6.5 miles of the corporate limits of the City of
Dubuque during the term of their employment with the City.
Principal place of residence is defined as that place which the employee declares his/her
home for voting purposes or with the intent to remain there permanently for a definite,
indefinite or undetermined length of time.
All City employees shall report changes of principal addresses to their respective
department/division managers within five (5) working days from the date of change of
address.
All City employees shall comply with the provisions of this AP during the term of their
employment with the City. Failure tO comply with the provisions of this AP will be grounds
for termination.
City Manager
City of Dubuque
Ward & Precinct Map
2001
Ward 1
~'~ Ward 2
Ward 3
Ward 4
Precinct Boundaries
Dubuque Cit~ Limits
N
925 Kerper Boule,.ard
Dubuque. lmva
(5o3~ 5q'0..4252 fax
(-%3~ 5~-4193 TDD
April 23, 2002
John Gotto
Operations and Maintenance Department
Dear John:
I am aware that your principal place of residence is more than 6.5 miles beyond the
corporate limits of the City of Dubuque, which is in violation of the City's residency
requirement. This letter is to inform you that you have until October 25, 2002 to comply
with the Administrative Policy (see attachment) on residency. Should you fail to comply
with the City's residency requirement by this date, I will consider that you have resigned
your employment with the City of Dubuque.
Sincerely,
Operations and Maintenance Manager
CC;
Michael C. Van Milligen, City Manager
Randy Peck, Personnel Manager
Personnel file
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