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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. 13 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 15 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. 16 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. 17 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. 18 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. 19 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 20 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: 21 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: . 22 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. 23 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. 24 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