Amalgamated Transit Union AgreeRESOLUTION NO. 52-00
APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND THE AMALGAMATED TRANSIT UNION, LOCAL #329,
AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT
Whereas, the Sixty-Fifth General Assembly adopted the Public Employment
Relations Act, Chapter 20, Code of Iowa. and
Whereas, the City of Dubuque is a public employer within the meaning of
Section 3 (1) of the Public Employment Relations Act; and
Whereas, the Amalgamated Transit Union, Local #329, is an employee
organization within the meaning of Section 3 (4) of the Public Employment
Relations Act; and
Whereas, the Amalgamated Transit Union, Local #329, submitted a request
to bargain collectively on behalf of the employees within its representation; and
Whereas, bargaining between the parties has occurred and an agreement
has been concluded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the terms of the agreement be approved and the Mayor
authorized and directed to sign the Collective Bargaining Agreement.
Passed, approved and adopted this 21st day of February, 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
CITY OF DUBUQUE, IOWA
MEMORANDUM
TO:
Michael C. Van Milligen
City Manager
FROM:
Randy Peck
Personnel Manager
SUBJECT:
Collective Bargaining Agreement Between the City of Dubuque and
the Amalgamated Transit Union, Local #329
DATE:
February 15, 2000
We have reached a two year agreement with the Amalgamated Transit
Union, Local #329, The terms of the agreement are as follows:
ARTICLE VIII FUNERAL LEAVE
Upon approval of the Department Manager, part-time employees may
be granted funeral leave without pay in accordance with the funeral
leave schedule
ARTICLE XVIII GROUP INSURANCE
Language was added to clarify that the IRS Section 125 flexible
spending accounts apply to medical and dependant care expenses
only
ARTICLE XIX HOURS OF WORK
The word "standard" is replaced with the word "normal"
ARTICLE XXIII WAGE PLAN
Part-time Bus Operators
Effective 07/01/2000 - 2% across the board wage increase
Effective 01/01/2001 - 2% across the board wage increase
Effective 07/01/2001 - 3% across the board wage increase
Full-time Bus Operators
Effective 07/01/2000 - 2,6% across the board wage increase
Effective 07/01/2001 - 3,0% across the board wage increase
UNIFORMS
Effective 07/01/2000 - the City will pay 100% of the cost of uniforms
Michael Van Milligen
February 15, 2000
Page 2
The Collective Bargaining Agreement with the Amalgamated Transit Union,
Local #329 is consistent with the other collective bargaining agreements and is
also consistent with the City Council's wage guideline. In order to implement the
recommendation, I request that the attached Resolution be adopted.
CITY OF DUBUQUE, IOWA
MEMORANDUM
February 17, 2000
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT:
Collective Bargaining Agreement between the City of Dubuque
and the Amalgamated Transit Union, Local #329
Personnel Manager Randy Peck is recommending approval of a two-year agreement
with the Amalgamated Transit Union, Local #329.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/dd
Attachment
cc:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Randy Peck, Personnel Manager
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
AMALGAMATED TRANSIT UNION, LOCAL #329
JULY 1, 2000 through JUNE 30, 2002
PREAMBLE
This Agreement is made and entered into by and between the City of Dubuque, Iowa
(hereafter called the City) and the Amalgamated Transit Union, Local #329 (hereafter
called the Union) and between the City and the Union on behalf of the employees in
the Bargaining unit, recognized and described under Article I, RECOGNITION. of this
Agreement.
AMALGAMATED TRANSIT UNION, DIVISION 329 CONTRACT
TABLE OF CONTENTS
PREAMBLE
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLE X
ARTICLE XI
ARTICLE XII
ARTICLE XIII
ARTICLE XIV
ARTICLE XV
ARTICLE XVI
ARTICLE XVII
ARTICLE XVIII
ARTICLE XIX
ARTICLE XX
ARTICLE XXI
ARTICLE XXII
ARTICLE XXIII
ARTICLE XXIV
GENERAL CONDITIONS .........................1
STRIKES PROHIBITED.................,........, 2
UNION NEGOTIATING COMMITTEE. . . . . . . . . . . . . . . .. 3
UNION DUES DEDUCTION........................ 3
PAYDAY.................................... 3
LEAVES OF ABSENCE........................... 4
FUNERAL LEAVE ......................,.....,,4
SICKLEAVE """...........................5
INJURY LEAVE ......................,........7
PREGNANCY LEAVE............................ 8
JURY DUTY ..........,...,.......,.......... 8
SENIORITY,..........,......,....,.......... 9
CASUAL DAY ,...........,......,...........10
VACATIONS ................................11
HOLIDAYS ......,..........,.........,.....13
LONGEVITY....,........................... 14
GROUP INSURANCE........,.................. 15
HOURS OF WORK ............................18
OVERTIME .................................18
UNIFORMS .................................19
TRAINING ASSIGNMENT........................ 19
GRIEVANCE PROCEDURE .......................19
WAGE PLAN ..,......,......................21
II
ARTICLE XXV
ARTICLE XXVI
ARTICLE XXVII
ARTICLE XXVIII
ARTICLE XXIX
PART-TIME EMPLOYEES ....,...................23
NONDISCRIMINATION .............,...........24
SAVINGS CLAUSE ............................24
ENTIRE AGREEMENT CLAUSE ....................24
DURATION AND NEGOTIATIONS. . . . . . . . . . . . . . . . .. 25
III
ARTICLE I
RECOGNITION
The City recognizes the Amalgamated Transit Union, Local #329, certified by the
Public Employment Relations Board in Case #81 (December 11, 1975) as the
exclusive bargaining representative for the following employees of the City of
Dubuque: Bus Operators.
A.
1.
. 2.
3.
4.
5.
6.
7.
8.
9.
.
ARTICLE II
GENERAL CONDITIONS
Public Employer Riahts
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:
Direct the work of its public employees.
Hire, promote, demote, transfer, assign and retain public employees in
positions within the public agency.
Suspend or discharge public employees for proper cause.
Relieve public employees from duties because of lack of work or for
other legitimate reasons.
Maintain the efficiency of governmental operations,
Determine and implement methods, means, assignments and personnel
by which the public employer's operations are to be conducted.
Take such actions as may be necessary to carry out the mission of the
public employer.
Initiate, prepare, certify and administer its budget.
Exercise all powers and duties granted to the public employer by law.
B.
Public Employee Riahts
Public employees shall have the right to:
1.
Organize, form, join or assist any employee organization.
2.
Negotiate collectively through representatives of their own choosing.
3.
Engage in other concerted activities for the purpose of collective
bargaining or other mutual aid or protection insofar as any such activity
is not prohibited by the Public Employment Relations Act or any law of
the State.
4.
Refuse to join or participate in the activities of employee organizations,
including the payment of any dues, fees or assessments or seryice fees
of any type.
Any disagreement involving the interpretation or application of this Article shall
not be subject to the grievance procedure of this Agreement.
ARTICLE III
STRIKES PROHIBITED
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 payor agree to pay any 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 employee in response to or as a result of any strike or any act which
violates the first paragraph of this Article.
Any other provisions as stipulated in the Public Employment Relations Act, Chapter
20, Code of Iowa, shall be applicable.
2
ARTICLE IV
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
total number of employees, including part-time 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. Part-time employees who are
members of the Negotiating Committee shall be paid their regular rate of pay when
they participate in a negotiating meeting for the time they spend in the negotiating
meeting on a scheduled work day. Payment shall not exceed eight (8) hours per work
day for part-time employees.
ARTICLE V
UNION DUES DEDUCTION
During the term of this Agreement the City of Dubuque, Iowa agrees, after receipt of
a proper "Authorization for Dues Deduction" 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.
The City shall have no obligation to deduct or collect monthly dues 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 agrees to
indemnify the City and hold it harmless against any and all suits, claims, demands and
liabilities for damages or penalties that may arise out of the deduction of these dues.
The Union further agrees to refund to the City any amounts paid to the Union in error.
ARTICLE VI
PAYDAY
Payday shall be every other Friday. If the payday is an observed holiday, the payday
shall be the day before the holiday.
3
ARTICLE VII -
LEAVES OF ABSENCE
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
two (2) weeks in advance of when such leave is to begin. Said 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. Denial of a request for a leave of absence
without payor the reason(s) therefore shall not be a 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 at the end of a leave shall constitute cause for
dismissal. It is understood that a leave of absence without pay shall not be used for
the purpose of accepting employment elsewhere. An employee accepting such
employment shall be terminated. An employee may be required to take a 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 said
leave, shall be returned to the same position and the same pay step corresponding
to the classification occupied at the time the leave began. Except as provided in the
Family and Medical Leave Act of 1993, during a leave of absence without pay, the
employee shall continue to accrue seniority, but shall not accrue or receive any other
privileges, benefits or pay granted by this Agreement.
ARTICLE VIII
FUNERAL LEAVE
Upon approval of the department manager all full time employees may be
granted funeral leave with pay in accordance with the following schedule:
Death of an employee's spouse - seven (7) calendar days with a maximum of
five (5) consecutive work days.
Death of an employee's child or step-child - up to three (3) consecutive work
days.
.
Death of other members of the employee's immediate family - relationships
which are considered as other members of the employee's immediate family
are mother, father, mother-in-law, father-in-law, stepmother, stepfather, legal
guardian, grandmother, grandfather, sister, sister-in-law, brother, brother-in-law
4
and grandchild. In the event the Qnwloyee is the person responsible for making
arrangements for the funeral and attending same, a period of time from when
the death occurs until the day following the funeral, but not to exceed three
(3) consecutive workdays may be allowed. In the event the employee is not the
person responsible for making arrangements for the funeral, one (1) workday
may be allowed to attend the funeral provided the funeral service falls on a
scheduled workday of the employee.
Upon approval of the department manager, part-time employees may be granted
funeral leave without pay in accordance with the above schedule.
It is recognized that a death of a person other than the relationships listed above
could warrant consideration for funeral leave.
In this event the employee should make known the situation to the department
manager involved.
The department manager may exercise administratiye approval consistent with the
intent of this funeral leave proyision.
The department manager will document the administrative approval by written notice
to the Personnel Office.
ARTICLE IX
SICK LEAVE
Section 1
It is the purpose of this sick leave provision to protect the employee from financial
loss during an absence from work on account of illness or injury of the employee.
Sick leave with pay may be granted for illness or injury of the employee, including
service-connected illness or injury, in accordance with the following provisions. 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 leaye shall be reported to the
employee's supervisor not later than thirty (30) minutes prior to the start of work on
5
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 he/she has
completed and returned to his/her supervisor a sick leave request form and the
supervisor has certified the cause of the absence for which sick leave benefits are
requested. The City reserves the right at anytime to require proof of illness or injury.
Proof of illness or injury shall include, but is not limited to, a certificate signed by a
physician which states the extent and nature of the illness or injury and states that
the employee was incapacitated for work for the period of his/her absence. The
statement shall also indicate that the employee is physically able to perform all of the
essential functions of his/her position. Failure to provide a physician's certificate
containing the above information shall result in the loss of sick leave payment. The
cost of the physician's certificate shall be borne by the employee. The City may
require a medical examination, performed by a physician selected by the City, to
determine the eligibility of an employee 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 his/her supervisor informed each day of absence chargeable to sick leave.
Section 3
Sick leave shall accrue at the rate of one (1) day (eight [8] hours) per month (3.6923
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 two (2)
months of continuous service. Sick leave shall be paid to the employee at his/her
regular rate of pay predicated on an eight (8) hour workday. Employees shall be
charged one (1) sick day (eight [8] hours) for every day of absence. It is understood
that sick leave shall not be paid to an employee who is on his/her regular day off. An
employee who is on a paid leave due to an injury or illness shall accrue sick leave for
a period not to exceed thirty (30) 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 one hundred twenty (120) workdays. Accrual of sick leave shall
terminate upon discharge, resignation, retirement, layoff or death of the employee.
Section 5
In the event of illness or injury in the employee's family (defined as spouse and minor
children) one (1) sick leave day each fiscal year will be granted to permit the
employee to make necessary arrangements for the care of such family members.
6
Section 6
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 computed
using the average base wage only for the ten (10) continuous years of service prior
to retirement.
Example:
x
120
-60
60
25%
15
sick days x the average base wage for the ten (10) years of
continuous service prior to retirement.
sick days (maximum)
sick days
sick days
In order for a retiring employee to be eligible for such payment, an employee must be
sixty-two (62) years of age or older or must be eligible, immediately upon retirement,
to begin receiving pension payments from the Iowa Public Employment Retirement
System.
ARTICLE X
INJURY LEAVE
Section 1
When an employee of the City sustains a personal injury or illness arising out 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 on 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 will equal one
hundred percent (100%) of the employee's regular rate of pay. The difference between
Worker's Compensation benefits and the full one hundred percent (100%) regular rate
of pay shall 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 entitled only to the benefits under the Iowa Worker's
Compensation Law.
7
Section 2
An employee who is physically able to and fails to report within twenty-four (24) hours
any injury or illness, however minor, to his/her foreman or supervisor and to take such
first aid or medical treatment as may be necessary shall not be eligible for the injury
leave policy outlined above.
ARTICLE XI
PREGNANCY LEAVE
An employee's pregnancy, childbirth 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,
formal or informal, shall be applied to a disability due to the employee's pregnancy,
childbirth 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,
childbirth or related medical condition. The employee may use other available paid
leaves such as vacation, compensatory time or casual day or leave of absence without
pay during the period of temporary disability. A leave of absence without pay beyond
the period of temporary disability may be granted in accordance with Article VII,
LEA VES OF ABSENCE, 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 stating that the employee is not able to reasonably perform the essential
functions of her position.
ARTICLE XII
JURY DUTY
Employees required to report for jury duty shall be paid 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 in exchange for the employee's paycheck. An employee who reports for
jury duty and is excused shall report immediately to his/her supervisor. An employee
8
who is on vacation and is required to report for jury duty shall be permitted to
reschedule his/her vacation.
ARTICLE XIII
SENIORITY
Section 1
All employees shall serye a trial period of at least six (6) months. After completing six
(6) months continuous service in a full-time position, the employee shall 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. Civil Service employees shall be subject to provisions
of Chapter 400, Code of Iowa. An employee may be laid off or discharged any time
prior to the end of the trial period and such discharge or layoff and reasons therefor,
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. 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
Employees covered by Civil Service shall be laid off in accordance with Chapter 400,
Code of Iowa. If an employee is recalled from layoff after being laid off over thirty (30)
calendar days, he/she may be requested to undergo a medical examination and shall
be subject to the existing conditions of employment. Except as otherwise provided by
law, if an employee is recalled within one (1) year following the effective date of the
layoff, his/her length of continuous service shall be retroactive to his/her most recent
date of employment in a full time position.
Employees who are not recalled within one (1) year following the effective date of the
layoff shall be terminated. During layoff, employees shall not accrue or receive any of
the privileges, benefits or pay granted by this Agreement.
Section 3
An employee's seniority and employment relationship with the City shall be broken and
terminated for the following reasons: (this list is not inclusive)
9
resignation
discharge
death
retirement
being absent from work without authorization for a period of three (3)
consecutive work days
being laid off for a period of one (1) year without being recalled to the
employee's last held position
if, after a layoff, the employee fails to report for work within five (5)
workdays after the date the certified letter was mailed, notifying the
employee to report for work
ARTICLE XIV
CASUAL DAY
A. Considerations
4.
.
1 .
To afford employees one (1) day with pay, not to be deducted from sick
leave accumulation, to be scheduled by the employee's department
manager.
2.
Approving or disapproving the employee's requested date for this casual
day shall be at the sole discretion of the employee's department manager
or an authorized representative.
3.
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 a requested date was
disapproved because of arbitrary, capricious or personal prejudice on the
part of the approYing authority.
10
5.
The Amalgamated Transit Union, Division 329, and all its members
recognize that approval or disapproval of a specific day must consider the
efficient level of service due the general public.
B.
Conditions
1.
The one (1) casual day may be taken anytime during each year of the
contract period subject to the provisions of A2 above.
2.
A new employee must have completed at least four (4) calendar months
of the probationary 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.
4.
Once a day has been approved for an employee as his/her 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.
C.
Part- Time Employees
Part-time employees shall receive one (1) casual day with pay. The one (1)
casual day for part-time employees shall equal six (6) hours at their regular rate
of pay. Except as otherwise provided in this Section, part-time employees shall
be subject to the terms of this Article.
ARTICLE XV
VACATIONS
Section 1
After an employee has one (1) year or more seniority 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 five (5) years or more seniority
the employee shall be eligible to receive three (3) weeks paid vacation at one hundred
twenty (120) hours at the regular rate of pay in each calendar year. After an employee
has completed fifteen (15) years or more seniority the employee shall be eligible to
receive four (4) weeks paid vacation at one hundred sixty (160) hours at the regular
11
rate of pay in each calendar year. After an employee has completed twenty-five (25)
years or more seniority the employee shall be eligible to receive five (5) weeks paid
vacation at two hundred (200) hours at the regular rate of pay in each calendar year.
Section 2
Vacation is earned during the year of service preceding the year in which the vacation
is taken.
Section 3
The vacation anniversary date of an employee shall 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.
Vacation time is not accumulated from year to year; therefore, under no circumstances
shall it be requested, scheduled or permitted to run consecutively.
Section 4
When one of the regular holidays falls during an employee's vacation, the employee
shall be paid eight (8) hours at his/her regular rate of pay.
Section 5
An employee who is absent from work due to illness or injury for a period not to
exceed two (2) months shall continue to accrue vacation time.
Section 6
Employees who have completed twelve (12) months or more of continuous service and
who are laid off, resign, or enter the military service, (provided the City is given two
[2] weeks notice of termination in the case of resignation or military leave of absence)
shall receive vacation pay prorated to the last day worked.
Section 7
The department manager shall approve all vacation and the number of employees
allowed off at anyone time shall be at the sole discretion of the department manager.
Denial of a requested date for vacation or the reason(s) therefore shall not be a subject
12
for the grievance procedure of this Agreement or the appeal procedure set forth in
Chapter 400, Code of Iowa.
Section 1
ARTICLE XVI
HOLIDA YS
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.
B.
C.
D.
E.
F.
G.
H.
I.
J.
New Year's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
January First
Last Monday in May
July Fourth
First Monday in September
November Eleventh
Fourth Thursday in November
Friday following Thanksgiving Day
December Twenty-Fourth
December Twenty-Fifth
December Thirty-First
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.
B.
C.
D.
E.
Section 2
Formal leave of absence.
Job incurred injury.
Funeral leave.
Subpoena as a witness.
Illness or injury of less than two (2) months duration with proper doctor's
documentation.
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F.
Excused absence approved in writing by and at the sole discretion of the
department manager.
Section 3
Holidays shall be observed in accordance with Section 1 of this Article except that
when a holiday falls on Sunday, the following day shall be declared a holiday.
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.
Section 5
Employees required to work on a City recognized holiday as defined in this Article shall
receive two (2) times their regular rate of pay for all hours worked in addition to the
holiday pay, provided all other conditions are met.
Section 6
Part-time employees who meet the eligibility requirements for holiday pay outlined in
Section 2 of this Article shall receive six (6) hours pay at the regular rate of pay for
each of the following holidays:
Memorial Day
Labor Day
Thanksgiving Day
last Monday in May
first Monday in September
fourth Thursday in November
Part-time employees shall be subject only to Sections 2 and 6 of this Article.
ARTICLE XVII
LONGEVITY
Section 1
Longevity payment shall represent a percentage of an employee's regular rate of pay
based upon an employee's length of service in a full-time position. Longevity payment
shall represent compensation in addition to an employee's regular rate of pay.
Longevity payments shall be made each payday in accordance with the longevity pay
plan set forth in Section 2 of this Article.
14
Section 2
Longevity payments shall be made in accordance with the following schedule:
After six (6) years of
continuous service
1 % of the regular rate of pay
After twelve (12) years
of continuous service
2 % of the regular rate of pay
After eighteen (18) years
of continuous service
3 % of the regular rate of pay
After twenty-four (24) years
of continuous service
4% of the regular rate of pay
After thirty (30) years of
continuous service
5 % of the regular rate of pay
Section 3
Continuous service shall mean seryice with the City in a full-time position uninterrupted
by, but not limited to, resignation, discharge, layoff of one (1) year without being
recalled to the employee's last held position, retirement, or for other reasons specified
in this Agreement.
Section 4
The longevity payment shall be in addition to the employee's regular rate of pay and
shall not be included in the calculation of overtime or any other premium payment, or
in the calculation of any other benefits.
ARTICLE XVIII
GROUP INSURANCE
Section 1
HEALTH INSURANCE. The City shall 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
maintenance organization, preferred provider organization or a similar form of health
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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.
Section 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. The cost of the family premium shall be borne in full by the employee.
Section 3
LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE. The City shall pay the
full cost of a term life insurance and accidental death and dismemberment insurance
policy for employees covered by this Agreement. Eligibility and amounts of coverage
shall be in accordance with the insurance master agreement.
Section 4
DISABILITY INCOME PROTECTION INSURANCE. A disability income protection
insurance policy shall be provided to all employees covered by this Agreement. Cost
of such coverage shall be paid in full by the City. Disability income protection insurance
may be granted for any non-service connected illness or injury which renders such
employee unable to perform the duties of his/her employment. Employees who become
eligible for disability income protection insurance shall be eligible to supplement
disability income protection benefits with accrued sick leave. Total income 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 only to the benefits payable under the disability income protection insurance
policy.
Section 5
Specific benefits of each aspect of the group insurance plan are set forth in master
agreements which shall in all cases be the determining factor as to the eligibility and
amounts of coverage extended to each employee. Any disagreement regarding the
interpretation or application of specific provisions of the insurance master agreements
shall not be a subject for the grievance procedure of this Agreement or the appeal
procedure set forth in Chapter 400, Code of Iowa. In the event the City chooses to
change insurance carriers, efforts shall be made to maintain coverage similar to what
is being provided.
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The City shall notify the Union of any changes in the insurance carrier and insurance
coverage. The City shall retain the right to change insurance carriers at anytime, and
such action by the City and the reason(s) therefore shall not be subject to the
grievance procedure of this Agreement or the appeal procedure set forth in Chapter
400, Code of Iowa.
Section 6
The City shall continue to pay the group insurance premium for a period up to fourteen
(14) months from the day an employee is absent due to illness or injury. However, in
no event will the City pay group insurance premiums for a period longer than an
employee's length of continuous service in a full time position.
Section 7
An employee may elect to continue group insurance coverage while on a leave of
absence without pay. During a leave of absence without pay in excess of thirty (30)
calendar days, the employee shall be responsible for paying the full cost of all group
insurance premiums, with the exception of a leave of absence without pay granted in
accordance with the Family and Medical Leave Act of 1993.
Section 8
Whenever a covered employee is discharged, laid off, resigns, retires, dies or
terminates their employment relationship for any other reason, the City shall
discontinue payment of all insurance premiums. Insurance benefits for dependents
terminate when the dependent ceases to be eligible as a dependent or when the
employee withdraws the authorization for dependent insurance coverage. In
compliance with applicable Federal and State Laws, employees and their eligible
dependents are entitled to continue their health insurance coverage after termination
of employment at their expense.
Section 9
For purposes of this Article and Agreement, an employee is considered to have retired
when he/she separates from the City service, for whatever reason, at the age of
sixty-two (62) or older.
Section 10
The City will provide IRS Section 125 Flexible Spending Accounts for medical and
dependant care expenses.
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ARTICLE XIX
HOURS OF WORK
The normal workweek for employees shall be forty (40) hours. The normal workday
shall be eight (8) hours but not necessarily consecutive hours.
This Article is intended to define the normal hours of work. It shall not be construed
as a guarantee of hours of work per day or per week.
A differential of twenty cents ($ .20) per hour shall be paid on all charters and non-fixed
routes operated between the hours of 6: 15 P.M. and 5:40 A.M. Said payment shall be
in addition to the employee's regular rate of pay and shall not be included in the
calculation of overtime or any other premium payment or in the calculation of any other
benefit.
Nothing contained herein shall be construed as preventing the City from increasing,
decreasing or restructuring the normal workday or workweek in any way or from
establishing the work schedules of employees.
ARTICLE XX
OVERTIME
Pay for overtime work shall be at one and one-half (1 Y2) times the regular rate of pay
as defined in Article XXIV, WAGE PLAN. of the Agreement.
Employees working split tripper runs of eight (8) hours that require more than eleven
and one-half (11 Y2) hours spread for the completion of the total split run shall be paid
overtime for spread time in excess of eleven and one-half (11 Y2) hours per day.
At the discretion of the department manager, 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.
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ARTICLE XXI
UNIFORMS
The City shall pay the cost of the required uniform.
ARTICLE XXII
TRAINING ASSIGNMENT
A premium of $1.25 per hour shall be paid to an employee assigned the responsibility
of training a new employee. The selection of employees assigned as Trainee Instructors
shall be at the discretion of the City.
Training assignment pay shall be in addition to the employee's regular rate of pay and
shall not be included in the calculation of overtime or any other premium payment or
in the calculation of any other benefit. The terms of this Article shall also apply to part
time employees.
ARTICLE XXIII
GRIEVANCE PROCEDURE
A grievance shall be defined as a dispute or disagreement raised by an employee or the
Union against the City involving the interpretation or application of specific provisions
of this Agreement, except that any matter governed by Iowa Civil Service Law
(Chapter 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 that 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 (5) workdays of the date the alleged grievance
occurred. Failure of the employee to notify his/her supervisor within five (5) workdays
of the date the alleged grievance occurred shall constitute a withdrawal of the
grievance.
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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.
S!mû
Grievances not settled within two (2), but not more than five (5), working days after
discussion with the supervisor may be reduced to writing and presented to the
department manager.
The nature of the complaint shall 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 shall answer in writing
within five (5) working 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 (3) working days, be appealed to the City Manager and shall, as soon as
possible after receipt of this appeal, be 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 (2) Union representatives. The City Manager shall
give a written answer within fifteen (15) working 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
arbitration. The invoking of arbitration regarding grievances submitted by the Union
shall require the approval of the Union. The invoking of arbitration regarding
grievances submitted by an employee shall require the approval of the aggrieved
employee. The parties shall attempt to select an arbitrator as soon as practical after
receipt of a request for arbitration. If the parties do not agree upon the selection of an
arbitrator within fifteen (15) calendar days after receipt of the request for arbitration
the Federal Mediation and Conciliation Service shall be requested to furnish a list of
five (5) arbitrators. The 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 cost of obtaining a list of arbitrators from the Federal
Mediation and Conciliation Service shall be shared equally by the City and the Union.
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 shall have no power to add
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to, subtract from, or change any of the provisions of this Agreement. Nor shall he/she
have the authority to rule on matters of law or to render any decision which conflicts
with any law, rule or regulation binding upon the City. The arbitrator shall not have the
power to accept or decide any matter that is within the jurisdiction of the Civil Service
Commission (Chapter 400, Code of Iowa). The fees and expenses of the arbitrator shall
be shared equally 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 proceedings. The arbitrator shall submit a written decision within
thirty (30) calendar days following the close of the hearing or the submission of briefs
by the parties, whichever is later, unless the parties agree to a written extension
thereof.
Union representatives, when processing Steps 1 and 2 of the grievance procedure shall
be permitted to leave work after receiving approval from their supervisor and shall
suffer no loss of their straight time rate of pay but shall not be eligible for overtime pay
or any other type of premium pay. The City shall not be responsible for paying
employees as a result of their participation in arbitration, Civil Service or prohibited
practice complaint proceedings.
The time specified for each step in the grievance procedure may be extended by
mutual agreement. 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 grievance may be appealed
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 XXIV
WAGE PLAN
The following salary schedule shall represent the regular (straight time or base) rate of
pay:
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STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
POSITION SALARY STEP
CLASSIFICATION GRADE A
Hourly Rates - Effective 7/1/2000 through 6/30/2001
Bus Operator
(Full-time)
AT-01
$12.89 $13.18 $13.52 $13.83 $14.14
$14.49
Hourly Rates - Effective 7/1/2000 through 12/31/2000
Bus Operator
(Part-time)
A T-02
$10.95
$11,21
Hourly Rates - Effective 1/1/2001 through 6/30/2001
Bus Operator
(Part-time)
AT-02
$11.17
$11.43
Hourly Rates - Effective 7/1/2001 through 6/30/2002
Bus Operator
. (Full-time) AT-01 $13.28 $13.58 $13.93 $14.24 $14.56 $14.92
Bus Operator
(Part-time) AT-02 $11.51 $11.77
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.
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 (1) step performance advancement. An employee is eligible for a
performance advancement (step increase) in accordance with the following schedule:
.
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STEP
INTERVAL STATED IN
NUMBER OF MONTHS
A TO B
B TO C
C TO D
D TO E
E TO F
6
12
12
12
12
An employee who is denied a performance advancement shall be required to wait six
(6) or twelve (12) months (depending upon the pay step he/she is in) before he/she is
eligible for another performance advancement. Part-time employees shall be subject to
the terms of this Article except that the length of service requirement for performance
reviews for part-time employees shall be two (2) times the length of service
requirement established for full time employees. A part-time employee who is denied
a performance advancement shall be required to wait twenty-four (24) months before
he/she is eligible for another performance advancement.
Denial of a step increase of 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.
ARTICLE XXV
PART-TIME EMPLOYEES
Part-time employee shall mean an employee assigned to a work schedule throughout
the fiscal year that normally consists of thirty-two (32) hours per week or less on the
average (1,664 hours annually). Said work schedule shall not be construed as a
guarantee of hours of work per day, per week, per year or days of work per week.
Nothing contained herein shall be construed as preventing the City from increasing,
decreasing or restructuring the workday or workweek in any way or from establishing
the work schedule of part time employees. Part-time employees shall be entitled only
to the benefits and pay set forth in the applicable sections of the following Articles:
Article IV, UNION NEGOTIATING COMMITTEE: Article XIV, CASUAL DA Y: Article XVI,
HOLIDA YS; Article XXI, UNIFORMS: Article XXII, TRAINING ASSIGNMENT and Article
XXIV, WAGE PLAN. Part-time employees shall not accrue or receive any other
benefits, payor privileges granted by this Agreement or be subject to any other
provision of this Agreement.
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ARTICLE XXVI
NONDISCRIMINATION
There shall be no discrimination against any employee in the bargaining unit by either
party to this Agreement because of the 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 XXVII
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
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 XXVIII
ENTIRE AGREEMENT CLAUSE
This Agreement supersedes and cancels all previous agreements and practices between
the City and the Union and constitutes the entire agreement between the parties and
concludes collective bargaining for its term. The parties acknowledge that during
negotiations, which resulted in this Agreement, each had the unlimited right and
opportunity to make demands and proposals with respect to any subject or matter not
removed by law from the area of collective bargaining, and that the agreements arrived
at by the parties after the exercise of that right and Opportunity are set forth in this
Agreement. Therefore the City and the Union, for the life of this Agreement, each
voluntarily and unqualifiedly waives the right, and each agrees that the other shall not
be obligated, to bargain collectively with respect to any subject or matter referred to
or covered in this Agreement, or with respect to any subject or matter not specifically
referred to or covered in this Agreement.
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ARTICLE XXIX
DURATION AND NEGOTIATIONS
Except as herein proyided, this Agreement shall be effective the first day of July, 2000
and shall remain in full force and effect through the thirtieth (30th) day of June, 2002.
Negotiations for a succeeding Agreement to become effective on July 1, 2002, shall
begin after August 15, 2001, but not later than October 15, 2001.
Signed this 21st day of March, 2000.
AMALGAMATED TRANSIT UNION,
Local #329
Terrance M. Duggan
Randy Peck
ATTEST:
Jeanne F. Schneider, City Clerk