Collective Bargaining Agreement CODE - Cincinnati PDF

Collective Bargaining Agreement By and Between the City of Cincinnati and Cincinnati Organized and Dedicated Employees, Inc. (“CODE”) Effective: March 20, 2022 Expires: March 15, 2025 Table of Contents PREAMBLE AND PURPOSE..................................................................................................... 1 ARTICLE 1: RECOGNITION & REPRESENTATION........................................................ 2 Section 1.1 Recognition......................................................................................................... 2 Section 1.2 New Classifications............................................................................................ 2 Section 1.3 Excluded Classifications.................................................................................... 2 ARTICLE 2: DEFINITIONS...................................................................................................... 6 ARTICLE 3: CODE SECURITY AND RIGHTS..................................................................... 7 Section 3.1 CODE Member Payroll Deduction.................................................................. 7 Section 3.2 Union Membership............................................................................................ 8 Section 3.3 CODE Communications.................................................................................... 9 Section 3.4 CODE Indemnification................................................................................... 10 ARTICLE 4: CODE REPRESENTATION............................................................................. 10 Section 4.1 President’s Authority...................................................................................... 10 Section 4.2 Representatives’ Authority............................................................................. 10 Section 4.3 Release Time for President and Vice President(s)........................................ 10 Section 4.4 Access to Work................................................................................................. 11 Section 4.5 Chargeable Union Time.................................................................................. 11 Section 4.6 Donated Time Bank......................................................................................... 12 Section 4.7 Release Time for CODE Bargaining Team................................................... 12 Section 4.8 Release Time for Grievance Meetings........................................................... 13 ARTICLE 5: RESERVATION OF RIGHTS.......................................................................... 13 Section 5.1 Employee Rights.............................................................................................. 13 Section 5.2 Management Rights......................................................................................... 13 Section 5.3 Notification....................................................................................................... 14 ARTICLE 6: CODE/CITY JOINT LABOR-MANAGEMENT COMMITTEES............... 15 Section 6.1 Joint Labor-Management Committee........................................................... 15 Section 6.2 Presumptive Sub-Committees........................................................................ 15 Section 6.3 Ad-Hoc Sub-Committees................................................................................. 15 ARTICLE 7: DISCIPLINE........................................................................................................ 16 Section 7.2 Reprimands and Pre-Disciplinary Meetings................................................. 16 Section 7.3 Service of Disciplinary Actions....................................................................... 17 Section 7.4 Determination of Discipline............................................................................ 17 Section 7.5 Length of Time Prior Discipline May Be Considered.................................. 18 Section 7.6 Exceptions......................................................................................................... 18 Section 7.7 Extensions to Time Deadlines......................................................................... 18 ii ARTICLE 8: GRIEVANCE PROCEDURES......................................................................... 18 Section 8.1 Definition.......................................................................................................... 18 Section 8.2 Procedure.......................................................................................................... 19 Section 8.3 Limitation on Authority of Arbitrator.......................................................... 22 Section 8.4 Time Limits...................................................................................................... 22 ARTICLE 9: NO STRIKE/NO LOCKOUT............................................................................ 22 Section 9.1 No Strike........................................................................................................... 22 Section 9.2 No Lockout....................................................................................................... 23 Section 9.3 Penalty............................................................................................................... 23 Section 9.4 Judicial Relief................................................................................................... 23 ARTICLE 10: LAYOFF/RECALL.......................................................................................... 23 Section 10.1 Layoffs............................................................................................................. 23 Section 10.2 Recall............................................................................................................... 24 ARTICLE 11: VACATION...................................................................................................... 25 Section 11.1 Vacation Accruals.......................................................................................... 25 Section 11.2 Approval by Appointing Authority.............................................................. 26 Section 11.3 Payment upon Separation from City Service.............................................. 26 Section 11.4 Payment upon Death..................................................................................... 26 Section 11.5 Purchase of Vacation Hours......................................................................... 26 ARTICLE 12: HOLIDAYS....................................................................................................... 27 Section 12.1 Holidays Observed......................................................................................... 27 Section 12.2 Personal Business Day................................................................................... 27 Section 12.3 Eligibility and Pay.......................................................................................... 27 Section 12.4 Nonstandard Shift.......................................................................................... 28 Section 12.5 New Employee................................................................................................ 28 ARTICLE 13: SICK LEAVE.................................................................................................... 28 Section 13.1 Rate of Accrual............................................................................................... 28 Section 13.2 Break in Service............................................................................................. 28 Section 13.3 Previous Ohio Public Employment – Sick Leave Balance Transfer......... 29 Section 13.4 Donated Time................................................................................................. 29 Section 13.5 Types of Sick Leave....................................................................................... 30 Section 13.6 Verification for SWP and/or SWP-F Usage................................................ 33 Section 13.7 Annual Sick Leave Conversion (Buy Back)................................................ 33 Section 13.8 Personal Leave Reciprocity for Responsible Usage Of SWP / SWP-F..... 34 ARTICLE 14: SICK TIME DONATION PROGRAM.......................................................... 34 Section 14.1 Purpose........................................................................................................... 34 Section 14.2 Conditions....................................................................................................... 34 Section 14.3 Employees Donating Time............................................................................ 35 ARTICLE 15: HOURS OF WORK & OVERTIME.............................................................. 35 iii Section 15.1 Application of Article.................................................................................... 35 Section 15.2 Changes in Normal Work Schedule, Work Period & Workday............... 36 Section 15.3 Overtime/Compensatory Time..................................................................... 36 Section 15.4 Flex Time........................................................................................................ 37 ARTICLE 16: WAGES & COMPENSATION....................................................................... 37 Section 16.1 Salary Schedule – Step.................................................................................. 37 Section 16.2 Cost of Living Adjustment (COLA) or General Wage Increases............. 38 Section 16.3 Working Out of Classification...................................................................... 38 Section 16.4 Salary Increase Upon Permanent Promotion............................................. 39 Section 16.5 Shift Differential............................................................................................ 39 Section 16.6 Deferred Compensation................................................................................ 39 Section 16.7 Mileage............................................................................................................ 39 ARTICLE 17: INSURANCE...................................................................................................... 40 Section 17.1 Health & Hospitalization, Prescription Drug, Disability, Dental & Vision Coverage................................................................................................................................ 40 Section 17.2 Terms and Conditions................................................................................... 40 ARTICLE 18: GENERAL PROVISIONS............................................................................... 40 Section 18.1 Residency Requirement................................................................................. 40 Section 18.2 Seniority.......................................................................................................... 40 Section 18.3 Ratification and Amendment........................................................................ 41 Section 18.4 Uniforms......................................................................................................... 41 Section 18.5 Health and Safety........................................................................................... 41 Section 18.6 Agreement Copies.......................................................................................... 41 Section 18.7 Vacancies and Transfers............................................................................... 41 ARTICLE 19: SAVINGS........................................................................................................... 43 Section 19.1 Gainsharing Policy Implementation............................................................ 43 ARTICLE 20: TUITION REIMBURSEMENT...................................................................... 43 ARTICLE 21: ENTIRE AGREEMENT.................................................................................. 44 ARTICLE 22: LENGTH OF AGREEMENT......................................................................... 44 ARTICLE 23: ITEMS INCLUDED BY REFERENCE......................................................... 45 APPENDIX A: BARGAINING UNIT CLASSIFICATIONS & EXCLUSIONS................ 46 APPENDIX A-1: ELIGIBLE TRANSFER CLASSIFICATIONS........................................49 APPENDIX B: OVERTIME ELIGIBLE POSITIONS.......................................................... 50 APPENDIX C: WAGE RANGES............................................................................................. 51 iv APPENDIX D: HEALTH INSURANCE PREMIUMS, COPAYS, AND OUT OF POCKET EXPENSES.................................................................................................................................. 52 APPENDIX E: DISCIPLINARY MATRIX............................................................................ 53 v PREAMBLE AND PURPOSE In order to enhance the relationship between the City of Cincinnati, hereafter referred to as the City, the Cincinnati Organized and Dedicated Employees, hereafter referred to as CODE, and the members of the CODE bargaining unit, the City and CODE have jointly agreed to the following statement of purpose for this Agreement. It is in the best interests of the City and CODE to jointly: A. Encourage a spirit of unity and cooperation of employees of the City of Cincinnati, Ohio, at all levels; B. Improve city services to the citizens of the City of Cincinnati, Ohio, and the businesses located in the City of Cincinnati; C. Provide the opportunity for the exchange of ideas and information relating to civil service as a career; D. Represent its members and other persons in the bargaining unit, in the negotiation of benefits, wages, and terms and conditions of employment; E. Work to ensure that this Agreement is administered in such a way as to foster trust and a positive relationship between the City and CODE; F. Promote the welfare of its members and foster respect and professionalism throughout all levels of City government. 1 ARTICLE 1: RECOGNITION & REPRESENTATION Section 1.1 Recognition The City recognizes Cincinnati Organized and Dedicated Employees, Inc. (CODE) as the exclusive collective bargaining representative for the unit consisting of all regular full-time (at least three quarter time) and part-time (less than three quarter time) employees in classifications listed in Attachments A and B of the State Employment Relations Board (SERB) certification of election results and of Exclusive Representation dated November 6, 2003, in SERB Case No. 02- REP-11-0239. Excluded from the unit are all other employees, including, but not limited to, elected officials, Directors, Deputy Directors, Superintendents, Assistant Administrators, Assistant Superintendents, all employees of the Mayor's Office and City Council, and select persons in classifications which deal directly with collective bargaining issues (the specific classifications and select persons so excluded from the unit as of November 6, 2003, are listed in Attachment C of the SERB Certification dated November 6, 2003, in SERB Case No. 02-REP- 11-0239); all employees represented for purposes of collective bargaining in other bargaining units; and any supervisory, managerial, administrative, or confidential positions the same as or similar to those listed in Attachment C of the SERB Certification dated November 6, 2003 in SERB Case No. 02- REP-11-0239. Appendix A, attached hereto, is a list of the classifications included and the classifications excluded from the bargaining unit. Section 1.2 New Classifications The City shall notify CODE within 10 working days of its decision to create any new classifications that will perform bargaining unit work. If the new classification is a successor title to a classification covered by the Agreement and the job duties are not significantly altered or changed, the new classification shall automatically become a part of this Agreement. The parties will meet and confer regarding any such decision prior to its implementation with both parties making themselves reasonably available for such discussions. The meet and confer obligation set forth in this section is intended to afford the parties an opportunity to avoid and/or resolve disputes through discussions and the exchange of information, and it is not intended to limit or impair either party’s rights or remedies under this Agreement or applicable law except as otherwise set forth herein. Section 1.3 Excluded Classifications The City will notify the Union when a specific position will be excluded from the bargaining unit in accordance with the law. The Union may request a current list of excluded positions at any time. 2 ARTICLE 2: DEFINITIONS This agreement shall incorporate the definitions enumerated below: Appointing Authority: means an individual, officer, commission, agency, board or body having the power under the Charter or Cincinnati City Codes of appointment to, or removal from, a position with the City. City: means the City of Cincinnati, Ohio and its authorized representatives. CODE: refers to Cincinnati Organized and Dedicated Employees and its authorized representatives. CODE Employee: means any employee in the bargaining unit represented by CODE. Compensatory Time: means time off with pay for authorized overtime worked in lieu of hourly wages, calculated in accordance with Article 15 of this Agreement. Continuous Service: means an employee’s length of service as a full-time employee of the City uninterrupted by a separation from City employment; provided, however, time in unpaid status and/or part-time status shall not be included in length of service. Day: means calendar day unless otherwise specified. Demotion: means a change to a classification which has a lower rate of pay. Fair Share Fee Payers: means any CODE Fair Share employee as governed by CODE’s By- Laws. Full-time Employee: means a bargaining unit employee who is hired to perform duties for the City according to an established work schedule of at least ¾ time. Member: means only a person included within the bargaining unit as defined in Section 1.1, unless in the context of the language concerned, a different meaning is clearly apparent. Memorandum of Understanding (MOU): is an agreement between CODE and the Agency, negotiated between CODE and the City. Such Memorandum of Understanding covers in detail the respective Agency’s personnel and operational regulations, which are peculiar to the responsibilities assigned to that particular Agency. Such Memorandum of Understanding shall be agreed to between CODE and the Agency Head and approved by the Human Resources Department. Part-time Employee: means employees working a schedule less than ¾ time. Pay Period: means a recurring two week calendar period as designated by the City. Position: means any office, employment, or job calling for the performance of certain duties and 6 the exercise of certain responsibilities by one individual. A position may be vacant, occupied part- time, or occupied full-time. Resignation: means the voluntary termination of employment of an employee, or unauthorized leave for three consecutive workdays. Retirement: means separation from City service which is not caused by resignation, layoff or discharge, with application for retirement benefits. Representative: means a person designated by the President or his/her designee, pursuant to this Agreement, to represent the bargaining unit members. Seniority: means an employee’s uninterrupted length of continuous service within the City, department, division, work unit, or job classification, depending upon the issue involved. Shift: means the employee’s regularly scheduled hours of work. In areas with multiple shifts or twenty-four operations, the early morning shift hereinafter is referred to as the first shift, the late afternoon shift hereinafter is referred to as the second shift, and the late evening shift hereinafter is referred to as the third shift. Unclassified Employee: means employees in classification and positions as defined in the Ohio Revised Code. Unpaid Status: means time an employee is on unpaid suspension, on leave without pay or is absent without leave. Leave without pay status resulting from either injury received in the line of duty, approved disability coverage (after serving the requisite waiting period) or approved paid leave activities related to City-employee relations shall not be considered to be unpaid status. Workday: means working time assigned or approved by the Appointing Authority in any twenty- four-hour period. ARTICLE 3: CODE SECURITY AND RIGHTS Section 3.1 CODE Member Payroll Deduction (A) The City shall deduct biweekly CODE dues from the pay of each employee in the bargaining unit who has filed with the City a payroll deduction authorization. The City will honor all executed payroll deduction authorization forms at the next deduction date which is at least 15 days from the date the executed authorization form is received by the City. (B) Total deductions collected for each biweekly pay period shall be remitted by the City to the Treasurer of CODE together with a list of employees for whom dues have been deducted not later than 10 calendar days after the deduction is made. CODE agrees to refund to the employee any amounts paid to CODE in error on account of this dues deduction provision. (C) No later than the first Wednesday of each pay period, the City shall provide, via electronic mail, the CODE Treasurer ([email protected]) and CODE 7 Secretary ([email protected]) with the following three (3) additional reports: 1) a report of employees who are not paying dues; 2) a report of employees who have stopped paying dues; 3) a report of employees separated from City Service for any reason (e.g., running the “c separated employees” from DOC query). The non-dues paying report (report 1, above) will capture the name and position entry date of all employees who have been newly placed into the CODE bargaining unit through any means. The stop dues report and separated employees report (reports 2 & 3, above) will capture the name(s) of all employees who have left the collective bargaining unit for any reason. (D) Dues shall be withheld and remitted to the Treasurer of CODE unless or until such time as the City receives a notice of an employee's death, transfer from covered employment, termination of covered employment, or when there are insufficient funds available in the employee's earnings after withholding all other legal and required deductions. (E) Information concerning dues not properly deducted under this Section 3.1 shall be forwarded to the Treasurer of CODE, and this action will discharge the City’s only responsibility with regard to such cases; there will be no retroactive deduction of such dues from future earnings (F) The actual dues to be deducted shall be certified to the Finance Director by the Treasurer of CODE. CODE will give the City a 45 calendar day advance notice of any change in the amount of dues to be deducted. (G) Within sixty (60) days after execution of this Agreement, all employees in the bargaining unit shall be enrolled in Direct Deposit. If an employee cannot meet this obligation the City will make alternate pay arrangements at no cost to the employee. Section 3.2 Union Membership (A) Employees who are members of CODE may revoke their union membership at any time only by sending written notice to the CODE Secretary ([email protected]). (B) Separately, an employee shall have the right to revoke his or her dues deduction authorization at any time, only by sending written notice to the CODE Secretary ([email protected]). No later than five (5) working days following the CODE Secretary’s receipt of the written dues revocation, CODE shall forward the notification to the City’s designee in the Payroll section of the Finance Department. (C) Upon receipt of the dues deduction revocation, the City shall cease deducting CODE dues from the employee within ten (10) working days. (D) CODE shall indemnify and save the City harmless from any action commenced by an employee against the City, or the City and CODE jointly, arising from the deduction of dues as agreed in this Article, subject to the following provisions: 1. The City promptly notifies CODE of any claim made against the City; 8 2. The City permits CODE to undertake the defense of any claim; 3. CODE shall not be obligated to indemnify the City for any unlawful conduct committed by the City; and 4. CODE shall not be obligated to indemnify the City against any action based on dues that were erroneously deducted by the City after CODE fulfilled its obligation described in Section B above. (E) The relationship between CODE Fair Share members and CODE shall be governed by CODE’s By-Laws. Section 3.3 CODE Communications The City recognizes that CODE has a responsibility to communicate with bargaining unit employees. To facilitate this purpose, it is agreed that CODE may make reasonable use of City e-mail, telephone, inter-office mail and fax machines to communicate with individual employees (no mass communications except by City e-mail as indicated below), so long as the use does not unduly interfere with City work. The City retains the right to discontinue this practice if it should cause undue interference. The City will give at least 30 working days’ notice to CODE if it elects to discontinue the practice. The City will permit CODE to use bulletin board space in appropriate and accessible locations approved by the Department Director and will consider requests for changes or additions to such locations where appropriate. CODE will limit the posting of CODE notices to such bulletin boards. Appropriate items that may be communicated using City e-mail under this section shall be: (A) Notices of CODE elections; (B) Notices of CODE meetings; (C) Notices of CODE appointments and results of elections; (D) Matters of CBA interpretation and/or enforcement, when the City and CODE are in agreement, subject to approval by the Human Resources Director or designee; (E) Notices to employees who have been newly placed in CODE bargaining unit positions including, but not limited to, a copy of the CODE CBA, dues deduction form(s) and introductory materials to the CODE bargaining unit. (F) Such other notices as may be approved by the Human Resources Director or designee, which approval shall not be unreasonably withheld. Items specifically prohibited from this process include those that are derogatory, inflammatory, or disrespectful of individuals or organizations, or would violate Administrative Regulations, or the Human Resources Policies & Procedures (HR P&P). 9 Section 3.4 CODE Indemnification CODE agrees to indemnify and hold the City harmless from any action growing out of deductions hereunder commenced under this Article 3 by an employee or anyone else against the City or the City and CODE jointly. ARTICLE 4: CODE REPRESENTATION Section 4.1 President’s Authority The President of CODE may appoint 1 CODE Representative for every 40 employees of CODE, but no more than 3 CODE Representatives from any single department, for the purpose of representing bargaining unit employees at investigatory interviews, provided that the representation is limited to the work location. All representation will be scheduled through the President, or Vice President(s) when acting in the place of the President. This will not preclude the ability of a representative to be contacted by a bargaining unit member for information. Section 4.2 Representatives’ Authority CODE shall provide the City a list of appointed CODE Representatives. The appointed CODE Representatives will not have the authority to deliver or file a grievance. Only the President or Vice President(s) may actually file, deliver, or process a grievance. The President may designate up to three Representatives to represent a bargaining unit employee at disciplinary or grievance hearings, except that the President or Vice President(s) may designate legal counsel to represent bargaining unit employee(s) at a grievance or disciplinary hearing. In advance of any meeting (except arbitration) where the Union intends to have legal counsel present, it shall notify the City. With the approval of the City the Union may have more than three Representatives at any such meeting. The performance of these duties shall not interfere with the normal work responsibilities of the representative, other than the President and Vice-president(s). Section 4.3 Release Time for President and Vice President(s) The President of CODE, upon election to the post and as long as they continue in that post, will be permitted to devote as much time during the workweek to CODE matters, within the limitations set by this Section, while continuing in their City job classification. The CODE President's entitlement to their hourly wage, fringe benefits, and service accrual will continue as though they were performing their normal job-related duties. The Vice President(s) of CODE, upon election to their posts and as long as they continue in those posts, will be permitted to devote as much time during the work week to CODE matters, within the limitations set by this Section, while continuing in their City job classification. The CODE Vice President's entitlement to their hourly wage, fringe benefits and service accrual will continue as though they were performing their normal job-related duties. The President may designate person(s) who may participate in CODE business, attend 10 educational seminars and conferences, and attend CODE training. Said person(s), within the limitations set by this Section, continue their entitlement to their hourly wage, fringe benefits and service accrual as though they were performing their normal job-related duties when working within this designation. The Union shall provide the City at least a fourteen (14) calendar day notice of any employee participation in seminars, conferences, or trainings. Any questions regarding the application of this article will be discussed between the President of CODE and the Director of Human Resources, or their designees. Section 4.4 Access to Work The President or Vice President(s) of CODE and representatives of CODE may consult employees in the assembly area before the start of and at the completion of the day’s work. With the approval of the Division Head or designee, these same individuals shall be permitted access to work areas solely for the purpose of adjusting grievances, assisting in the settlement of disputes, or carrying into effect the provisions and aims of this Agreement. This privilege is extended subject to the understanding that such access will not interfere with work time or work assignments. Any suspected abuse of these privileges shall be resolved through a meeting of the City and CODE. Section 4.5 Chargeable Union Time Following the close of each contract year during the term of this Agreement, CODE shall reimburse the City for chargeable Union time utilized during said contract year in accordance with the following schedule and terms: (A) Within 60 calendar days after the close of the contract year, the City shall supply CODE with a written statement of all chargeable Union time utilized within the preceding contract year and all time donated to the CODE donated time bank under section 4.6. Said statement shall include, at minimum, a listing of each individual who utilized chargeable Union time and the number of hours utilized by each such individual during the contract year. CODE may request additional detail regarding usage of chargeable Union time, and the City shall reasonably cooperate to provide such detail to the extent it is available from the City’s systems. For purposes of this section, any release time under sections 4.5 or 4.7, attendance at pre-Ds, attendance at grievance meetings (including informal or grievance avoidance), attendance at LMC or LMC sub- committee meetings, and any other release time approved by the HR Director or designee shall not be chargeable Union time. All Form-25s for non-chargeable Union time shall identify the management representative in the meeting, shall state the nature of the meeting, and shall be forwarded upon submission to a designated e-mail address established by the City Human Resources Department, or to the HR Director’s e-mail address absent a designated e-mail address. (B) Within 30 calendar days after the City’s delivery of the written statement referenced in 4.5(A), CODE shall advise the City in writing as to how CODE, in its discretion, will reimburse the City for all chargeable Union time utilized in the preceding contract year by: (i) stating how many hours will be deducted from the donated time bank provided for in section 4.6: (ii) how many hours will be paid for by CODE at the average hourly rate for CODE employees as of the date of 11 expiration of the prior agreement, for which the City shall supply supporting documentation, and which shall not change during the duration of this agreement; and (iii) how many hours are to be deducted from Bargaining Unit members’ vacation and/or compensatory time balances subject to a maximum of one hour per member of the Bargaining Unit per year. (C) Within 60 calendar days after the City’s delivery of the written statement referenced in 4.5(A), CODE shall deliver to the City the payment due, if any, under section (B) above. The City shall advise CODE at least 14 calendar days prior to the pay date on which vacation and/or compensatory time will be deducted from Bargaining Unit members’ vacation and/or compensatory time balances. No deduction from the vacation and/or compensatory time balance of a member of the Bargaining Unit shall result in a negative vacation and/or compensatory time balance. Section 4.6 Donated Time Bank (A) Employees of the Bargaining Unit may donate up to one hundred (100) hours of time as specified herein. (B) An employee may donate up to one hundred (100) hours of vacation and/or compensatory time per contract year as a lump sum, on a pay period by pay period basis, or any combination thereof. (C) The employee must donate time to the CODE time bank on or before the close of each contract year (i.e., March 30) during the term of this Agreement. (D) CODE shall be entitled to use any or all of such donated time to reimburse the City for chargeable Union time under section 4.5(C). To the extent CODE does not utilize all of the time credited to the CODE donated time bank during a contract year, the unused time shall carry over to the following year up to 200 hours each year. (E) Employees who accrue vacation in excess of the maximum balances in Section 11.1 may elect to have all or some excess hours accrued that pay period donated to the CODE Union Time Bank. To do so, the employee shall send an e-mail, including the employee’s CHRIS ID number and the number of hours the employee wishes to donate, to the Human Resources Director (or the Director’s payroll designee) and CODE Secretary ([email protected]) indicting the employee’s desire to have his/her hours donated to the CODE Union Time Bank. The employee’s e-mail must be sent at least three (3) working days prior to the end of the affected pay period. Section 4.7 Release Time for CODE Bargaining Team CODE bargaining committee members who participate in negotiations with the City shall be compensated for time lost during regular working hours to attend such meetings, with all benefits, up to a total limit of 640 hours. 12 Section 4.8 Release Time for Grievance Meetings Employee grievants and CODE representatives, when applicable, shall be given paid time off to participate in First Step informal discussions for the purpose of grievance avoidance, and First and Second Step grievance hearings/meetings if they are held at the request or consent of the City during the employee's working time. No other time spent on grievance matters shall be considered time worked for compensation purposes. As long as the Appointing Authority, Manager/Supervisor, or designee determines that time spent on such activities will not interfere with normal work activity, the employee grievant may use vacation, compensation time, or unpaid leave for any other activities related to the investigation of, or preparation for a grievance hearing/meeting. As long as the Appointing Authority, Manager/Supervisor, or designee determines that time spent on such activities will not interfere with normal work activity, the CODE Representative shall be released for such hearings/meetings or for any other activities related to the investigation of, or preparation for a grievance, or a grievance hearing/meeting. Time spent by the CODE President or Vice President in Grievance hearings/meetings is non-chargeable. If neither the President nor the Vice President is available, the Representative’s time spent in the actual grievance meeting/hearing is non-chargeable. All other time spent during normal work hours by the President, Vice President, or CODE Representative investigating or preparing for a grievance is chargeable Union time, and any such time used shall be tracked and reported by the Union. ARTICLE 5: RESERVATION OF RIGHTS Section 5.1 Employee Rights It is agreed that a number of terms and conditions of employment for employees in the bargaining unit are not specified in this Agreement. Therefore, except as may be specified elsewhere in this Agreement, as for any and all terms and conditions of employment not specified in this Agreement, no employee in the bargaining unit waives any individual right under City Charter; City Code; City rule or regulation; and state or federal statute, constitutional principle, or common law. To the contrary, it is specifically recognized that such individual employee rights remain unaffected by this Agreement, and that such individual employee rights are enforceable through normal Civil Service, regulatory, and/or judicial processes. Nothing in this Section 5.1 shall be construed to limit in any way the authority of the City to enact, modify or repeal any City Charter or City Codes provision, ordinance, resolution, rule, regulation, policy or procedure. Section 5.2 Management Rights Except as specifically limited by the express provisions of this Agreement, the City retains all traditional rights to manage and direct the affairs of the City in all respects and to manage and direct its employees to unilaterally make and implement decisions with respect to the operation and management of the City in all respects, including, but not limited to, all rights and authority possessed or exercised by the City prior to the City's recognition of CODE as the collective bargaining representative for the employees covered by this Agreement. The 13 authority and powers of the City as prescribed by the City Charter and City Codes, Statutes and Constitution of the State of Ohio and the United States shall continue unaffected by this Agreement, except as expressly limited by the express provisions of this Agreement. These City rights as prescribed by the City Charter, City Codes and the Statutes and Constitutions of the State of Ohio and the United States shall include, but are not limited to, the following: To determine any and all terms and conditions of employment not specifically set forth in this Agreement, to plan, direct, control and determine all the operations and services of the City; to determine the City's mission, objectives, policies and budget and to determine and set all standards of service offered to the public; to supervise and direct employees and their activities as related to the conduct of City affairs; to establish the qualifications for employment and to employ employees; to determine the hours of work and to schedule and assign work; to assign or to transfer employees within the City; to establish work and productivity standards and, from time-to-time, to change those standards; to assign overtime; to layoff or relieve employees due to lack of work or funds or for other legitimate reasons; to determine the methods, means, organization and number of personnel by which such operations and services shall be made or purchased; to make and enforce reasonable rules and regulations; to discipline, suspend and discharge employees; to change, relocate, modify or eliminate existing programs, services, methods, equipment or facilities; to determine whether services or goods are to be provided or produced by employees covered by this Agreement, or by other employees or non- employees not covered by this Agreement, to hire all employees and, subject to provisions of law, to determine their qualifications, and the conditions for their continued employment, or their dismissal or demotion, and to evaluate, promote and transfer all such employees; to determine the duties, responsibilities, and assignment of those in the bargaining unit. The exercise of the foregoing powers, rights, authorities, duties and responsibilities by the City and the adoption of policies, rules, and regulations in furtherance thereof, shall be limited only by the specific and express terms of this Agreement. No action, statement, agreement, settlement, or representation made by any member of the bargaining unit regarding the City's obligations or rights under this Agreement, shall impose any obligation or duty or be considered to be authorized by or binding upon the City unless and until the City has agreed thereto in writing. Section 5.3 Notification Prior to the adoption, modification, or deletion of any work rule or policy affecting CODE employees, the City shall submit the work rule or policy to CODE at least 30 days prior to the adoption, modification, or deletion of any work rule or policy for comment and input (unless a critical issue arises that requires implementation in less than 30 days, however, in such case the Union shall still be notified prior to the implementation). Notification will be sent to the e-mail address: [email protected]. New or revised rules or policies shall be communicated in a timely manner to the affected bargaining unit members prior to the effective date, unless to do so, would be impractical. Communication shall be made in a manner that can be verified. Methods of verification may include but are not limited to: employees’ signed acknowledgments of receipt; verified attendance at meetings where a policy is introduced or discussed; or documented e-mail 14 communication. ARTICLE 6: CODE/CITY JOINT LABOR-MANAGEMENT COMMITTEES Section 6.1 Joint Labor-Management Committee The parties agree that they will form and maintain a Joint Labor-Management Committee to discuss matters of mutual interest relating to the employees covered by this Agreement and the City. The Committee shall meet quarterly or as mutually agreed by the co-chairs. The number of City and CODE representatives on this committee shall be approximately equal. The respective parties shall choose their co-chairs. Once the Committee is formed, the parties shall mutually agree upon a Committee member who shall be designated to take minutes, which will be approved and circulated to the Committee members via email. Section 6.2 Presumptive Sub-Committees The following sub-committees may be convened by either party with 30 days’ notice to the non- convening party. Once convened, each of these sub-committees shall meet quarterly or as mutually agreed by the co-chairs. Once convened, these sub-committees may only be dissolved by mutual agreement of both parties. The non-convening party shall participate in any such sub-committee once it has been convened: (A) Insurance Sub-Committee The Joint Insurance Sub-Committee will evaluate and assess proposals, study trends, and consider new and unique ways of providing health care to employees and make recommendations to the City Manager. The City’s Risk Manager or designee will be a member of this sub-committee. The number of City and CODE representatives on this sub-committee shall be approximately equal. (B) Professional Development and Performance Evaluation Sub-Committee The Joint Professional Development and Performance Evaluation Sub- Committee will discuss and make recommendations to improve professional development procedures for CODE members and recommend changes to the current performance evaluation system. The sub-committee may consider seminar attendance, professional memberships, career paths and other related topics as agreed upon by the sub- committee. The sub-committee shall also evaluate metrics-driven appraisals, self- appraisals, 360° appraisals, pay-for- performance, and other related topics as agreed upon by the sub-committee. The recommendations of the sub-committee will be presented to the Director of Human Resources or designee and the appropriate Appointing Authorities for consideration and possible implementation. The number of City and CODE representatives on this sub-committee shall be approximately equal. Section 6.3 Ad-Hoc Sub-Committees The Joint Labor-Management Committee shall have the authority to convene ad-hoc sub- committees as necessary to address particular issues. These sub-committees shall be convened by mutual agreement of the parties and shall meet quarterly or as mutually agreed 15 by the co-chairs. The number of City and CODE representatives on any ad-hoc sub- committee shall be approximately equal. ARTICLE 7: DISCIPLINE Section 7.1 Investigation (A) Any employee who may be a focus of an investigation may be interviewed as part of the investigatory process, in which event he/she may, upon request, have a CODE representative present during that interview. CODE shall be notified at least 24 hours prior to conducting the interview, unless the nature of the investigation requires the interview to be conducted immediately. (B) Employees who are suspended without pay pending an investigation and/or pre- disciplinary hearing, shall remain in a no pay status for no more than 30 working days. If the investigation and/or pre-disciplinary hearing is not complete after this 30 day period, the employee shall be placed on administrative leave with pay until the final disposition of the matter as set forth in Section 7.2 and Section 7.3. Nothing in this Article should be construed to limit the City’s ability to place an employee in an unpaid status under this Article. Section 7.2 Reprimands and Pre-Disciplinary Meetings (A) Written reprimands shall be simultaneously served on the employee and CODE ([email protected]) within 25 working days from the date the charging supervisor becomes aware, or should have been aware of the precipitating incident, unless it is the result of a pre-disciplinary meeting. (B) Any oral reprimand must have been memorialized in e-mail and sent to the employee with [email protected] copied. The e-mail shall be sent within five (5) business days of the oral reprimand being given to the employee. (C) Notice of pre-disciplinary meetings must be sent to an employee no later than 25 working days from the date upon which the supervisor or manager becomes aware, or should have been aware of the precipitating incident(s), except in more serious cases involving violations of Administrative Regulations 25 (Sexual Harassment), 49 (Workplace Violence), 55 (Offensive /Derogatory comments), or accidents (where damage is in excess of $10,000), severe personal injury or other serious misconduct requiring extensive investigation. The time frame for these more serious cases will be up to 85 working days. If, after the investigation above is completed, the City wishes to only issue a written reprimand to the employee, the City shall notify the employee and CODE of the completion of the investigation and must issue the written reprimand within 20 working days of the completion of the investigation. A copy of this notice must be forwarded to CODE by e-mail to the e-mail address: [email protected]. In cases involving an investigation by a law enforcement agency, there will be no time limit for completion of the investigation. Notice of the pre-disciplinary meeting will be issued within 10 working days after the department becomes aware of the conclusion of the investigation. 16 (D) CODE shall be notified of the time and location of the hearing on the disciplinary charges and shall have the right to attend said hearing for the purpose of representing the employee and/or to protect the integrity of this Agreement. (E) The pre-disciplinary meeting shall be held and the final disposition of the matter, which shall include the Final Form-32 with attachments and the meeting summary, must be sent to the employee and CODE within 25 working days from the date of the pre- disciplinary meeting. Failure to comply with the timelines will result in dismissal of the allegations against the employee. (F) Departments that have Boards or Commissions (Parks, Recreation, and Health) who act as the appointing authority are granted additional time to deliver the Form- 32 to the employee and CODE. Once the final disposition is signed by the Human Resources and Law departments, the Form-32 will then be forwarded to the appropriate Board or Commission for the next meeting date following the end of the 25 day period. The Form-32 will be sent to the employee and CODE no later than 5 workdays after the Board or Commission meeting. (G) The City may request an extension of these timelines and CODE shall not unreasonably deny such extension request. All requests for extension of time must be signed by both the City and a representative of CODE and specifically state the length of the extension of time granted. Email confirmation shall suffice. Section 7.3 Service of Disciplinary Actions Written Reprimands, Notices of Pre-disciplinary Meetings, and Form 32’s (and accompanying materials) will be served to the employee, and to CODE by e-mail to the CODE e-mail address: [email protected]. Section 7.4 Determination of Discipline Discipline shall be commensurate and, except in cases of serious misconduct, progressive. The following factors may be considered in determining the exact penalty: The nature and seriousness of the offense, or whether it was committed repeatedly; The employee’s job duties and position, e.g., whether supervisory; The employee’s prior disciplinary record; The employee’s work record, including length of service, performance and dependability; Consistency with the penalties imposed in similar situations; The notoriety of the offense or its impact on the City’s reputation; The extent to which the employee was aware of any rules that were violated or warned about the conduct in question; The potential for the employee’s rehabilitation; Mitigating or aggravating circumstances surrounding the offense; The adequacy and effectiveness of alternative sanctions to deter the conduct. 17 Section 7.5 Length of Time Prior Discipline May Be Considered (A) Written reprimands shall be removed from the employee’s personnel records 1 year after the date of the precipitating incident unless there has been further discipline during that time period. Any suspension (or the equivalent penalty) less than 41 hours shall be removed from the employee’s personnel records 3 years after the date of the precipitating incident unless there has been further discipline during that time period. Any suspension equal to or greater than 41 hours (or the equivalent penalty) shall be removed from the employee’s personnel records 5 years after the date of the precipitating incident unless there has been further discipline during that time period. After the expiration of the periods specified above, such disciplinary action shall not be used as a basis for any further disciplinary action against the employee. (B) In the event of subsequent discipline during the retention period described above, the prior disciplinary action’s retention period shall follow the retention period of the most recent discipline, notwithstanding progressive penalties laid out in Administrative Regulations 25 and 52. Section 7.6 Exceptions (A) The time constraint provisions of this Article shall not be applicable when actions of a criminal nature or when alleged violations of other local, state or federal laws warrants extensive investigation, or upon mutual consent of the parties. If an investigation requires more time to complete, the parties may agree to extend the time period, which will not be unreasonably denied. The agreement shall be in writing, signed by representatives of the City and CODE and shall specifically state the length of any extensions of time. Email shall suffice. (B) If an employee is off duty due to dismissal or on approved or unapproved leave, the time limits for investigation, the final disposition, and hearing shall automatically be tolled. Section 7.7 Extensions to Time Deadlines The parties may agree to reasonably extend any of the timelines in Article 7. Such extensions shall not be unreasonably withheld. All extensions of time shall be in writing and signed by a representative of the City and CODE and shall specifically state the extension agreed upon. Email shall suffice. ARTICLE 8: GRIEVANCE PROCEDURES Section 8.1 Definition A grievance shall mean an alleged violation of a specific provision of this Agreement arising under and during the term of this Agreement, except that any dispute or difference of opinion concerning a matter or issue addressed by the Cincinnati Civil Service Commission’s rules or which could be heard before the Cincinnati Civil Service Commission, except for disciplinary 18 actions, shall not be considered a grievance under this Agreement. Discipline involving suspensions, demotions and terminations pursuant to Article 7 of this Agreement may only be grieved according to this Article and may not be appealed through the Civil Service Commission. The Parties explicitly waive the provisions of Ohio Revised Code Chapter 124 as they relate to the appeal of disciplinary action. Grievances regarding written reprimands may be filed at Step 1 and advanced to Step 2 but may not be referred to arbitration. Failure of probation shall not be grieved. Performance evaluations shall not be grieved. Discipline less than a written reprimand may not be grieved. CODE may appeal a written reprimand on behalf of a CODE employee by filing a grievance at the next highest step from the level at which the written reprimand was issued. Such grievance must be in proper written form. Consultations and oral reprimands are not appealable through the Grievance Procedure. Grievances regarding written reprimands shall only be heard once and will never be subject to arbitration. CODE is the sole and exclusive bargaining agent for all members and employees, and the City does not recognize any grievance not previously reviewed, approved, and filed by CODE. The City and CODE also recognize that CODE, not its members or employees, has the exclusive right to negotiate, settle, compromise, withdraw or otherwise resolve grievances. Section 8.2 Procedure If the grievance concerns corrective action greater than a written reprimand, the grievance shall proceed directly to Step 3 (the Human Resources/Mediation step). For grievances concerning all other matters, the following procedure shall be used: STEP 1. Division Level If there is an employee(s) who believes they have been aggrieved, he/she with the President, Vice President, or Union Representative (only one of these three) shall first notify the employee’s immediate supervisor/manager of a potential grievance. The employee should notify the supervisor/manager as soon as possible so that the parties can attempt to informally resolve the matter. No grievance shall be considered or processed unless submitted in writing after the first event giving rise to the grievance or within 15 working days after the employee or CODE, through the use of reasonable diligence, could have obtained knowledge of the first event giving rise to the grievance. These 15 days may be used to hold informal grievance (or grievance avoidance) meetings with appropriate Supervision/Management. The employee and/or a Union President, Vice President, or Union Representative (only one of these three) will meet with the Division Head or designee. If the matter cannot be resolved informally within the aforementioned 15 working days, then CODE shall submit the grievance in writing to the Division Head by or on the 15th day. If a grievance is not presented within this time limit, it shall be considered "waived." Once the written grievance is submitted, the Division Head or their designee will then meet with the Union (which may include the grievant and up to two other Union officials or Representatives). However, if the Division Head or designee has already met with the 19 Union to discuss the matter informally, as described above, a written response will be submitted by the Division Head within 5 working days of receipt of the written grievance. Otherwise, the Step 1, Division-level meeting shall occur within 10 working days of the submission of the written grievance. If the parties have not previously met, the Division Head or their designee will then meet with the Union (which may include the grievant and up to two other Union officials or Representatives). The Division head will respond in writing to the CODE President within 5 working days after the Step 1, Division-level meeting is held. Notification will be sent to the Union via City e-mail to the e- mail address: [email protected]. The City or CODE may request a reasonable extension of all timelines in this section. All extensions must be in writing, signed by both the City and CODE, specify the length of time for the extension, and shall not be unreasonably denied. Email shall suffice. STEP 2. Department Level If the grievance is not satisfactorily settled at Step 1, the Union may, within 5 working days after receipt of the Step 1 answer, appeal the grievance to the Department Head. The Department Head or designee shall meet with the Union (which may include the grievant and up to two other Union officials or Representatives) within 10 working days in an attempt to adjust the grievance and shall render an answer in writing stating the reasons for granting or denying the grievance within 10 working days after the Step 2, Department- level meeting. The Department Head or their designee shall notify the Union via City e- mail to the e-mail address: [email protected]. The City or CODE may request a reasonable extension of all timelines in this section. All extensions must be in writing, signed by both the City and CODE, specify the length of time for the extension, and shall not be unreasonably denied. Email shall suffice. STEP 3. Mediation / Human Resources In order to move the grievance to Step 3, the Union must notify the Human Resources Department of its intent to do so within 5 days of the receipt of the Step 2 answer, or it will be considered waived/settled. Grievances that are not satisfactorily settled at Step 2 which involve contract interpretation (not related to discipline), and discipline matters involving suspensions of 24 hours or more (or equivalent loss of pay or vacation) will move directly to mediation. All other grievances will proceed directly to Human Resources unless the parties mutually agree to move a grievance to mediation. The Union may request, in lieu of mediation, that the Human Resources Director or designee(s) hear any grievance otherwise designated to go to mediation. All grievances heard by the Human Resources Director or designee(s) shall not be eligible for mediation. Human Resources Within 10 working days of submitting a grievance to the Human Resources Director, the Human Resources Director, or designee(s), along with departmental management when applicable, shall meet with the Union (which may include the grievant and up to two other Union officials or Representatives) in an attempt to adjust the grievance. The Human Resources Director or designee(s) shall, within 10 working days of the Step 3 Human Resources-level meeting, render an answer in writing (to the e-mail address: 20 [email protected]) stating the reasons for granting or denying the grievance. The City or CODE may request a reasonable extension of all timelines in this section. All extensions must be in writing, signed by both the City and CODE, specify the length of time for the extension, and shall not be unreasonably denied. Email shall suffice. Mediation When a grievance is moved to mediation the Human Resources Director or designee(s), along with departmental management shall meet with the Union (up to three persons which may include the grievant) and a Mediator from the Federal Mediation and Conciliation Service (FMCS) in an attempt to adjust the grievance through the mediation process. The representatives attending for each party shall have complete authority on behalf of their party to enter into a binding agreement to resolve the grievance. If FMCS no longer offers free mediation, the parties agree to request a Mediator from the Ohio State Employment Relations Board (SERB). For grievances that are moved to Step 3, should free mediation from FMCS and from SERB no longer be available during the term of this agreement, all grievances will only be heard by the Human Resources Director designee, and if denied, may be moved to Arbitration. STEP 4. Arbitration If the grievance is not satisfactorily settled at Step 3, the Union may, within 20 calendar days after receipt of the Step 3 answer, submit the grievance to the Human Resources Director or his/her Designee for arbitration. Once the City has received notification, the Union has thirty 30 calendar days (from the date that the Union sent the notice to arbitrate) to move to select an arbitrator (and notify the City). The Parties agree to select and schedule an arbitrator within 90 days of the date the Union sent the notification letter to the Human Resources Director or his/her Designee. If a party fails to cooperate in good faith with the scheduling of the arbitration, the other party must provide the uncooperative party with 30 calendar days’ notice alleging failure to cooperate. If the uncooperative party continues to fail to schedule the arbitration, the grievance will be settled in favor of the party alleging delay. The City or CODE may request a reasonable extension of all timelines in this section. All extensions must be in writing, signed by both the City and CODE, specify the length of time for the extension, and shall not be unreasonably denied. Email shall suffice. The parties agree to utilize the Arbitration and Mediation Service (“AMS”) and its rules for the administration of all arbitrations, including the establishment of a panel of five (5) permanent arbitrators to hear all arbitration cases between the parties. Within thirty (30) calendar days after the signing of the Agreement, the City and Union will request AMS to provide a panel of nineteen (19) arbitrators who maintain a business or home address within a two hundred (200) mile radius from the City of Cincinnati. Once the panel is received, the parties shall meet to review the panel and strike arbitrator names (seven strikes per party, losing party based on coin-flip shall go first), until five arbitrator names remain. These five arbitrators shall constitute as the permanent arbitrator panel. The partiers further agree to select arbitrators from this panel to hear grievances on a rotational basis, starting in alphabetical order. Once each year the parties will review the list of arbitrators. Either party may remove an arbitrator during this annual review. The replacement will be by mutual agreement or based on the rules mentioned above. The annual review will take place at the anniversary date of the Agreement. 21 In the absence of a permanent panel, Arbitration and Mediation Service Rules will prevail for the selection and administration process. The parties may, only by mutual agreement, utilize an alternative arbitration service, and/or alternative rules for selecting an arbitrator. The fees and expenses of the arbitrator shall be borne equally by the City and the Union. Furthermore, the aggrieved employee, his Union Representative, and the CODE President and any necessary witnesses shall not lose any regular straight-time pay for time off the job while attending an arbitration proceeding. Section 8.3 Limitation on Authority of Arbitrator The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of whether there has been a violation, misinterpretation, or misapplication of the specific provisions of this Agreement based on the specific issue submitted to the arbitrator by the parties in writing. If CODE and the City agree to no joint written stipulation of the issue, the arbitrator shall be empowered to determine and decide the issue raised by the grievance as submitted in writing at the First Step. The arbitrator shall be without power to make recommendations contrary to or inconsistent with any applicable laws or rules and regulations of administrative bodies that has the force and effect of law. The arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. The decision of the arbitrator, if made in accordance with the jurisdiction and authority granted to the arbitrator pursuant to this Agreement, will be accepted as final by the City, CODE and the employee(s), and all parties will abide by the decision, subject to any appeal rights allowed by the Ohio Revised Code. Section 8.4 Time Limits No grievance shall be entertained or processed unless it is submitted within the time limits specified in Step 1, Division Level. If a grievance is not presented within this time limit, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or an agreed extension thereof, it shall be considered settled on the basis of the last step answer. Failure at any step of this procedure to hold a meeting or communicate a decision on a grievance within the specified time limits shall permit the aggrieved party to treat the grievance as denied and to proceed immediately to the next step. The parties may, by mutual agreement in writing, extend any of the time limits set forth in this Article 8. All extensions must be in writing, signed by both the City and CODE, specify the length of time for the extension, and shall not be unreasonably denied. Email shall suffice. ARTICLE 9: NO STRIKE/NO LOCKOUT Section 9.1 No Strike During the term of this Agreement, neither CODE nor any officers, agents or employees will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, secondary boycott, residential picketing, slowdown, sit-down, concerted stoppage of work, concerted 22 refusal to perform overtime, mass absenteeism, mass resignations, or any other intentional interruption or disruption of the operations of the City at any location, regardless of the reason for so doing. Each employee who holds a position of officer of CODE occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Section 9.1 Accordingly, CODE agrees to notify all CODE officers and representatives of their obligations and responsibility for maintaining compliance with this Article, including their responsibility to abide by the provisions of this Article by remaining at work during any interruption as outlined above. In addition, in the event of a violation of this Section of this Article, CODE agrees to inform its members of their obligations under this Agreement and to encourage and direct them to work by all means available under its Constitution, By-Laws, or otherwise. Section 9.2 No Lockout The City will not lock out any employees during the term of this Agreement as a result of a labor dispute with CODE so long as there is good faith compliance with this Article, unless the City cannot efficiently operate in whole or in part due to a breach of Section 9.1. Section 9.3 Penalty The only matter which may be made the subject of any proceeding concerning disciplinary action imposed for an alleged violation of Section 9.1 is whether the employee actually engaged in such prohibited conduct. The failure to confer a penalty in any instance is not a waiver of such right in any other instance nor is it a precedent. Section 9.4 Judicial Relief Nothing contained herein shall preclude the City or CODE from obtaining a temporary restraining order, damages and other judicial relief in the event CODE, any employees covered by this Agreement, or the City violate this Article. ARTICLE 10: LAYOFF/RECALL Section 10.1 Layoffs (A) Layoffs and displacements may occur as a result of lack of funds and/or lack of work or job abolishment or job redesign. In any such event, layoff and recall will be in accordance with the Ohio Revised Code §124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers to vacant positions between employing units will be made whenever possible. (B) The City will provide CODE with a copy of the “Layoff Statement of Rationale” at least 30 days prior to the effective date of a layoff whenever sufficient time permits or earlier whenever possible. This statement will explain the reason and justification for such layoff or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission. 23 (C) Whenever there is a reduction in the workforce, permanent employees who have passed their initial probationary period are the last to be laid off in a classification within their employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed their initial probation are laid off before full-time employees. Part-time employees are laid off before full-time employees. Employees displaced or designated for a layoff will fill existing vacancies within the employing unit first, provided they meet the qualification contained in the job description for the position. (D) If the employee whose position has been eliminated has more retention points than any other Division 0 employee occupying a position within the same employing unit and at the same or lower rate of pay but in a different classification series, and otherwise meets all of the qualifications required for the position pursuant to the published job description, then the employee with the fewest retention points will be displaced. In no case will an employee “bump” another employee with more retention points. (E) When an employee is laid off, he or she will receive all wages due including, at the employee’s option, all accumulated vacation pay. Such payments will be made no later than the pay period after the layoff. (F) In the event of any changes in state law affecting this Article 10, the changes shall become a part of this Agreement unless CODE or the City objects. In that event, CODE and the City have fourteen 14 days from the effective date to notify the other party of their objection. The parties agree to meet and confer. Any deviation from state law will be effected by a Memorandum of Understanding. If no agreement can be reached, then state law prevails. (G) The City agrees to provide CODE representatives a minimum of sixty (60) days notice and the opportunity for input if CODE positions are considered for elimination. Further, the City agrees to work with CODE to minimize any layoff of CODE members. Section 10.2 Recall (A) A layoff recall list by classification will be maintained by the Human Resources Department and will be available to CODE upon request. Upon creation of a new layoff recall list the City shall immediately provide CODE with that layoff recall list. Any employee who is laid off will remain on the layoff recall list for 24 months. Affected employees will be placed on the layoff and recall list by classification and in descending order of retention points. Employees will be recalled to their classification in their employing unit in the order their names appear on the layoff and recall list. Employees may also be recalled to other layoff jurisdictions when vacancies occur and there are no laid off employees from that jurisdiction. In the event an employee desires to return to a classification other than the classification he or she held at the time of layoff, the employee must be qualified for the position according to the City’s job specification for the position. 24 (B) In the event the City Manager identifies an employing unit for non-bargaining unit downsizing, which will have a negative impact as a result of “bumping” within the bargaining unit, then no later than 30 days prior to the actual job elimination and “bumping”, the City and CODE, or appropriate subgroup will meet to discuss the impact of the downsizing on the bargaining unit. The City Manager does not relinquish the inherent management rights regarding downsizing and layoffs. ARTICLE 11: VACATION Section 11.1 Vacation Accruals Permanent employees working at least ¾ time are eligible for vacation accrual. Vacation is earned and charged in the same proportion to full-time as the employee’s work schedule is to full-time. Employees who are in leave without pay status for less than 40 hours within a pay period will earn his or her full vacation credit. Employees who are absent without leave for 40 hours or more within a pay period shall earn one week’s credit. For purposes of determining vacation accrual, employees shall receive credit for any prior full- time City of Cincinnati service. If an employee has a break in full-time service with the City, the employee’s original seniority date will be adjusted to reflect the break in service. Employees retain their original vacation seniority date for any break in service due to layoff, military time, or approved leave without pay. Employees eligible for vacation accrual under this section shall earn vacation in accordance with the following schedule: Vacation Days that Maximum Allowable Hours Earned SENIORITY Should be Taken Balance of Accrued Per Pay Period Per Year Vacation Hours Less than 4 years 3.7 hours 12 days 190 hours 4 years up to 9th 5.0 hours 16 days 270 hours 9 years up to 14th 5.6 hours 18 days 305 hours 14 years up to 19th 6.5 hours 21 days 350 hours 19 years up to 24th 7.4 hours 24 days 395 hours 24 Years and Up 9.0 hours 29 days 480 hours 25 Section 11.2 Approval by Appointing Authority All vacation leaves shall be taken at such time as may be approved by the Appointing Authority or designee. Vacation leave may be taken in increments as small as one- tenth (1/10th) of an hour with the approval of the Appointing Authority. Section 11.3 Payment upon Separation from City Service An employee with vacation accrual who is about to be separated from City service through resignation, discharge, retirement, or layoff and who has unused vacation leave to his/her credit, shall be paid at the employee's hourly rate of pay at the time of separation in a lump sum (less applicable withholding) for each hour of unused vacation leave, less any amounts owed by the employee to the City, provided, however, that such payment shall not exceed the maximum number of vacation hours outlined in Section 11.1. However, an employee who is involved in a layoff and who has unused vacation leave to his/her credit at the time the layoff is effective, may choose, in lieu of a lump sum cash payment for such unused vacation credit, to leave such vacation credit on account to be restored to his/her credit upon reemployment with the City, provided such reemployment occurs within 1 year. If the reemployment does not occur within 1 year, then any unused vacation leave left on account will be paid in lump sum to the employee, as provided for in this Section11.3. Section 11.4 Payment upon Death When an employee dies, any and all accrued, and unused vacation leave to his/her credit shall be made payable to the beneficiary designated on the employee’s City guaranteed life insurance policy within sixty (60) calendar days. In the event that the employee has no designated beneficiary, said unused vacation leave shall be paid to the employee's estate. Such payment shall be made payable at the employee's hourly rate of pay at time of death in a lump sum (less applicable withholding), less any amounts owed by the employee to the City. Section 11.5 Purchase of Vacation Hours (A) Each employee represented by CODE shall have the right to purchase up to one hundred and twenty (120) hours of vacation time during each payroll year at their standard hourly rate if the employee has less than 80 hours of vacation accrued at the time of purchase. The employee may purchase up to eighty (80) hours of vacation time at once. The employee may not purchase additional vacation time until the employee fully repays the City for all previously purchased vacation time. Once the previous vacation time purchase is repaid, the employee may purchase additional vacation time up to one hundred and twenty (120) total hours. (B) Employees wishing to purchase vacation shall do so over 26 pay periods, or fewer, via payroll deduction. Employees must also sign an agreement to reimburse the City if the employee leaves City service prior to the end of the repayment of all purchased vacation time. 26 ARTICLE 12: HOLIDAYS Section 12.1 Holidays Observed Employees working at least ¾ time, shall be entitled to 11 paid holidays as set forth below. (1) New Year's Day, January 1 (2) Martin Luther King's Birthday, the third Monday in January (3) President's Day, the third Monday in February (4) Memorial Day, the last Monday in May (5) Juneteenth, June 19 (6) Independence Day, July 4 (7) Labor Day, the first Monday in September (8) Veterans’ Day, November 11 (9) Thanksgiving Day, the fourth Thursday in November (10) Day After Thanksgiving Day, Friday after Thanksgiving (11) Christmas Day, December 25 (12) In addition to the above holidays, any day declared by the City Manager as a holiday or day of mourning shall also be counted as a holiday, but only for that calendar year. Employees working ¾ time shall be paid the same number of hours for the Holiday that he normally works, not to exceed 8 hours. Section 12.2 Personal Business Day Each full-time or ¾ time bargaining unit employee shall receive one (1) Personal Business day per year to conduct personal business that cannot be conducted outside of the regular workday. This shall be paid in one, eight (8) hour block (6 hours for employees working 3/4 time). The Personal Business Day shall be granted to the employee at the beginning of pay period two (2) each year and may be taken at any time prior to the end of pay period one of the following year subject to the restrictions set forth herein. Days shall not accumulate. The use of this Personal Business Day is subject to the usual operational need requirements. Section 12.3 Eligibility and Pay (A) If the actual holiday falls on a Sunday, then the following Monday is considered the holiday. If the actual holiday falls on a Saturday, then the preceding Friday is considered the holiday. (B) Employees earn double time for the number of hours worked on the observed (Monday or Friday) holiday in addition to 8 hours pay for the holiday. This also applies if the actual holiday falls on Monday through Friday and is worked. (C) If the actual holiday falls on Saturday or Sunday and is worked, regular overtime applies. 27 Section 12.4 Nonstandard Shift Employees working normal daytime hours but including weekends and employees working normal rotating shifts on seven day operations: (A) Earns holiday pay (double time) for the number of hours worked on the actual holiday, not the observed holiday, in addition to his/her normal 8 hours pay for that day. For example, if an employee’s normal off days are Tuesday and Wednesday, and the actual holiday falls on Sunday and is observed on Monday, the employee receives double time for the number of hours worked on the actual holiday plus 8 hours pay for the actual holiday. If the employee also works on the observed holiday, he/she will be paid at straight time. (B) If the actual holiday falls on the employee’s normal off day, the employee must be given another day off or another day’s pay. (C) If the employee is given another day off and the actual holiday falls on his/her first off day, then he/she receives the day off preceding the actual holiday. If the actual holiday falls on his/her second off day, then he/she receives the day off after the actual holiday. Section 12.5 New Employee A new employee whose first workday is a holiday receives pay for that holiday provided he/she works the rest of the week. ARTICLE 13: SICK LEAVE Section 13.1 Rate of Accrual (A) Permanent and provisional employees who work full-time earn four hours of sick leave per bi-weekly pay period (2 hours for each 40 hours of service). (B) Employees who work at least ¾ time but less than full time earn a prorated amount. (C) In case of absence without pay during a bi-weekly pay period, 4 hours SWP will be earned if the employee is in a pay status more than 40 hours. Two hours SWP will be earned if the employee is in a pay status for 1 to 40 hours inclusive in the pay period. (D) Employees do not earn SWP while on IWP leave or receiving donated time. Section 13.2 Break in Service (A) Persons who re-enter City service as a permanent employee within 1 year (including those who re-enter City service by new examination) shall be credited with any accumulated sick leave balance remaining at the end of their previous service. This provision includes persons reinstated or rehired to City service. Exception: Employees hired into a City position who are receiving a pension as a 28 result of previous employment with the City shall not be credited with the sick leave balance they had when separated from their previous City employment. They shall start their second employment period with the City with a sick leave balance of zero. (B) Persons returning to full-time employment after an interval of part-time employment that was immediately preceded by full-time employment with no break in service shall be credited with any accumulated sick leave balance at the end of their previous full- time service. (C) No credit is given if the employee was out of service more than one year, except because of military leave; returned to work within two years of medical separation; or recalled within three years from a Police or fire layoff list. In such cases, complete Form 3-S to credit the employee with his previously earned SWP balance. Section 13.3 Previous Ohio Public Employment – Sick Leave Balance Transfer Employees who have been previously employed by either the City of Cincinnati or another Ohio public employer may transfer any unused sick leave credit to their City sick leave balance. To be eligible for this benefit, the following criteria must be met: (A) The employee must be a full-time employee of the City. (B) The employee must have been hired by the City on or after February 4, 1987. Employees have six years from their date of hire to submit a request to transfer sick time. Employees must make such requests within ten years of the last date of their previous public employment. (C) The employee must provide documentation of the sick leave balance to be transferred. This can be accomplished by a letter from the previous public employer stating the unused sick leave balance held by the employee. The City reserves the right to take reasonable steps to ensure the accuracy of any documentation provided by the employee. (D) The employee must request this sick leave balance benefit in writing, with the supporting documentation, to the Human Resources Director. Section 13.4 Donated Time Permanent, provisional, and part-time (working at least ¾ time) employees may receive donated time with the approval of the employee’s agency and under the following circumstances: (A) It is a legitimate use of SWP, SWP-F (Sick with Pay–Family, SWP-M (Sick with Pay- Maternity), or SWP-D (Sick with Pay–Death) in cases of catastrophic illness or cases that result in extreme hardship for the employee. Prior approval from the Human Resources Director or designee must be obtained by the department for donated time to be used. 29 (B) The initial request for approval from the Human Resources Director or designee may be sent when the employee’s total leave balances are below 80 hours; however, donated time may not be credited to the employee until they have exhausted all of their own SWP, vacation and compensatory time. (C) Time donated is deducted from the donor’s vacation balance or comp time balance not SWP balance, unless otherwise permitted by this labor agreement. (D) The number of hours credited to the employee receiving the donation depends on the employee’s rate of pay as compared to the rate of pay earned by the donor. If the donor earns less than the donee, the hours donated will be prorated. If the donor earns more than the donee, the hours credited will be greater than those donated. The list of donors with accompanying calculations must be forwarded to the Human Resources Department for verification and approval. (E) Employees receiving donated time do not accrue vacation or sick leave unless the employee is working part-time. Then the employee will earn vacation and sick leave under the rate of accrual for employees working less than 80 hours. In addition, employees on donated time do not receive holiday pay. No new benefits can be earned by the employee receiving donated time (e.g., vacation, sick leave, holidays). Therefore, 8 hours must be donated for any workday of the week on which a holiday falls. (F) Donated time cannot be used to prolong an employee on the payroll in order to make him/her eligible for any retirement benefits. (G) When an employee returns to work, any donated time that has not been used will be removed from the employee’s list of donors. Upon returning to work, an employee begins to accumulate vacation and sick time that must be used before any additional donated time can be requested from other employees. Section 13.5 Types of Sick Leave Available to all full-time, bargaining unit employees: (A) SWP (Sick With Pay) Granted when an employee is physically unable to work due to illness, off-duty injury, or official quarantine, or for routine medical and dental appointments (as described in C below). Sick leave must be approved by the supervisor. (1) Sickness or injury caused by outside employment cannot be charged to SWP. Vacation or compensatory time may be used. (2) If the agency questions the treating physician’s diagnosis or the length of absence, the employee may be sent to the City Physician for evaluation. The City Physician’s decision is final. (3) Full-time bargaining unit Employees shall be granted SWP-MDL (Medical/Dental Leave) not to exceed a total of 24 hours per payroll year for 30 medical and dental appointments for the employee or a minor child. To be eligible for MDL, Employee must provide a note from the medical or dental provider that confirms attendance at the appointment. (4) SWP may be approved for attendance at an appropriate substance abuse treatment program. Attendance at the Public Employees Assistance Program (PEAP), beyond the first visit, is on the employee’s own time. (5) Sick leave, if available, must be used for time off because of illness, off-duty injury, or official quarantine. Vacation or compensatory time may not be used in such situations unless SWP has been exhausted. An exception to the requirement that an employee’s sick leave balance be exhausted may be granted by the department director under the following circumstance: (i) To avoid loss of vacation when an employee is at the maximum allowable balance. (B) SWP-F (Sick With Pay – Family) Usage of leave for illness in the family varies according to the composition of the immediate family (spouse, parent, parent-in-law, child, sibling or member of the immediate household) and the seriousness of the case. Sick With Pay- Family shall be granted for the following reasons: (1) Official quarantine – for the duration of the quarantine. Official quarantine may only be imposed by a City, County, or State Health Official authorized to do so. (2) To care for and make arrangements for a sick member of the immediate family – up to one day. Additional time (not to exceed four days) may be granted by the immediate supervisor provided the employee submits written verification by the treating physician. (3) Serious accidents, major or minor surgery, critical or sudden illness involving a member of the immediate family – up to one day. Up to a maximum of one week of additional sick leave may be granted by the immediate supervisor and two week of additional sick leave may be granted by the agency head. The employee must provide written verification by the treating physician. (4) Childbirth – the non-birthing parent of the child shall receive one day on the day the child is born and one day on the day the child is brought home. The employees covered under this Agreement shall be eligible for Parental Leave under the City’s current Parental Leave policy. If the City’s Parental Leave benefit is terminated at any time, the parties will revert back to the language above in (B)(4)

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