AFSCME Contract - City of Cincinnati PDF

LABOR-MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF CINCINNATI AND OHIO COUNCIL 8 AND LOCALS 190, 223, 240, 250, 1543, AND 3119 AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPA...

LABOR-MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF CINCINNATI AND OHIO COUNCIL 8 AND LOCALS 190, 223, 240, 250, 1543, AND 3119 AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO EFFECTIVE: August 7, 2022 EXPIRES: August 2, 2025  Vision Statement The City of Cincinnati and AFSCME/Ohio Council 8 will encourage and promote cooperation among all employees to provide the highest level of public service thereby enhancing the quality of life of residents of the City of Cincinnati and Hamilton County.  LABOR-MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF CINCINNATI AND AFSCME OHIO COUNCIL 8 LOCALS 190, 223, 240, 250, 1543, AND 3119 AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO THIS AGREEMENT is made between the City of Cincinnati and all independent Boards and Commissions, hereinafter referred to as the "City" and Ohio Council 8 and Local 190, 223, 240, 250, 1543, and 3119, American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred to as the "Union.” ii  Table of Contents ARTICLE 1 PURPOSE....................................................................................................................................... 6 ARTICLE 2 RECOGNITION............................................................................................................................... 6 ARTICLE 3 DEFINITIONS................................................................................................................................. 7 ARTICLE 4 NON-DISCRIMINATION................................................................................................................ 7 ARTICLE 5 UNION DUES DEDUCTIONS............................................................................................................ 8 ARTICLE 6 MANAGEMENT RIGHTS............................................................................................................... 8 ARTICLE 7 NO STRIKE OR LOCKOUT............................................................................................................... 9 ARTICLE 8 UNION REPRESENTATION............................................................................................................. 9 ARTICLE 9 UNION VISITATIONS.................................................................................................................... 11 ARTICLE 10 AFSCME COMMUNICATIONS.................................................................................................... 11 ARTICLE 11 SENIORITY................................................................................................................................. 12 ARTICLE 12 LAYOFF AND RECALL................................................................................................................. 13 ARTICLE 13 TEMPORARY TRANSFERS......................................................................................................... 15 ARTICLE 14 HOURS OF WORK AND OVERTIME.......................................................................................... 16 ARTICLE 15 OBSERVANCE OF HOLIDAYS..................................................................................................... 18 ARTICLE 16 CORRECTIVE ACTION................................................................................................................ 20 ARTICLE 17 GRIEVANCES............................................................................................................................. 23 ARTICLE 18 TERMS AND CONDITIONS FOR PAYMENT OF WAGES............................................................. 28 ARTICLE 19 SHIFT DIFFERENTIAL................................................................................................................. 29 ARTICLE 20 FILLING OF VACANCIES - PROMOTIONS................................................................................... 29 ARTICLE 21 VACATION................................................................................................................................. 32 ARTICLE 22 HEALTH INSURANCE................................................................................................................. 34 ARTICLE 23 SICK LEAVE................................................................................................................................ 35 ARTICLE 24 INJURY ON THE JOB.................................................................................................................. 40 ARTICLE 25 OTHER LEAVES.......................................................................................................................... 42 ARTICLE 26 PENSION PLAN AND RETIREMENT............................................................................................ 43 ARTICLE 27 LUMP-SUM TERMINAL LEAVE BENEFITS.................................................................................. 45 ARTICLE 28 LONGEVITY................................................................................................................................ 46 ARTICLE 29 HEALTH AND SAFETY................................................................................................................ 47 4 ARTICLE 30 CREDIT UNION, PAYROLL DEDUCTION AND DIRECT DEPOSIT.................................................. 48 ARTICLE 31 MILEAGE................................................................................................................................... 48 ARTICLE 32 UNIFORMS................................................................................................................................ 48 ARTICLE 33 LABOR MANAGEMENT COMMITTEE........................................................................................ 48 ARTICLE 34 SHIFT PREFERENCE................................................................................................................... 49 ARTICLE 35 JOB DESCRIPTIONS................................................................................................................... 49 ARTICLE 36 JOB EVALUATION AND CLASSIFICATION................................................................................... 49 ARTICLE 37 NON-BARGAINING UNIT EMPLOYEES....................................................................................... 49 ARTICLE 38 EMPLOYEE PARTICIPATION IN OPEN EXAMS.......................................................................... 51 ARTICLE 39 PEOPLE CHECK - OFF................................................................................................................. 52 ARTICLE 40 TUITION REIMBURSEMENT...................................................................................................... 52 ARTICLE 41 OHIO AFSCME CARE PLAN........................................................................................................ 53 ARTICLE 42 FAIR SHARE FEE........................................................................................................................ 53 ARTICLE 43 GENERAL WAGE INCREASES..................................................................................................... 54 ARTICLE 44 SUBMISSION TO COUNCIL........................................................................................................ 54 ARTICLE 45 LEGALITY................................................................................................................................... 54 ARTICLE 46 INTEGRITY OF AGREEMENT...................................................................................................... 54 ARTICLE 47 LENGTH OF CONTRACT............................................................................................................. 55 ARTICLE 48.................................................................................................................................................... 55 ARTICLE 49 SUCCESSOR............................................................................................................................... 55 ARTICLE 50 PERFORMANCE REVIEW........................................................................................................... 56 ARTICLE 51 DEFERRED COMPENSATION..................................................................................................... 56 APPENDIX A BARGAINING UNIT CLASSIFICATIONS..................................................................................... 56 APPENDIX B................................................................................................................................................. 59 APPENDIX C LETTER OF AGREEMENT SPECIAL HOLIDAYS........................................................................... 59 APPENDIX D LETTER OF AGREEMENT ELIGIBILITY FOR UNION REPRESENTATION AND MEMBERSHIP...... 59 APPENDIX E PAYROLL PROCEDURES SHIFT DIFFERENTIAL.......................................................................... 60 APPENDIX F DIVISION 1 SALARY SCHEDULE................................................................................................ 61 APPENDIX G HEALTH INSURANCE DEDUCTIBLES AND CO-INSURANCE REQUIREMENTS........................... 70 ANTHEM HELATH INSURANCE COMPARISON CHART.................................................................................. 71 5  ARTICLE 1 PURPOSE The purpose of this Agreement is to provide a fair and equitable method of enabling employees covered by this Agreement to participate through Union representation in the establishment of the terms and conditions of their employment, and the establishment of a peaceful procedure for the solution of all differences between the parties, subject to the laws of the United States, the State of Ohio and the City of Cincinnati, and all governmental administrative rules and regulations which have the effect of law, except as otherwise may be superseded or amended by the parties to this agreement according to the terms, conditions and provisions herein, as adopted pursuant to the authority granted under Ohio Revised Code 4117.10(A). The male pronoun or adjective where used herein refers to female also unless otherwise indicated. The term "employee" or "employees" where used refers to all employees in the bargaining unit. ARTICLE 2 RECOGNITION The Union is hereby recognized as the sole and exclusive bargaining agent for all employees of the City who are under the City Manager or independent Boards and Commissions in all matters of wages, hours and conditions of work. Attached hereto is Appendix A - a list of all classifications in the bargaining unit. A. Excluded from the bargaining unit are: 1. Employees in classifications which, on the effective date of this Agreement are represented in the City Service by other established collective bargaining organizations; 2. Employees in the Office of the City Manager, the Office of Research, Evaluation and Budget and the Human Resources Department; 3. Confidential secretaries to department and division heads; 4. Supervisory employees above the first level of supervision, or any supervisor whose responsibilities include regularly assisting in the formulations of policies in the field of employee relations. The Union has the right to meet with the City and negotiate the establishment or modification of agency personnel regulations within an agency. It is understood that all agency personnel regulations will be in conformity with any law, administrative code, ordinance, Civil Service Commission rule, or with the personnel policies as agreed to by the City Manager and the Union. The adjustment of a wage inequity for a particular classification is subject to negotiation regardless of the agency in which it is employed. An active employee of the City who is excluded from the bargaining unit shall not serve as a Steward or otherwise represent employees in the bargaining unit, nor shall any employee represent any other employee whom he supervises. 6  ARTICLE 3 DEFINITIONS A. Exclusive bargaining rights shall be interpreted to mean that the City will not negotiate, meet or confer with any person, group of persons, association or union other than Ohio Council 8 or its local unions during the terms of this Agreement. B. ''To negotiate" means performance of the mutual obligation of the employer through its chief executive officer or designated representative and the recognized employee organization to meet at reasonable times and negotiate in good faith with respect to wages, hours, and other conditions of employment, or the negotiation of an agreement, or any question arising thereunder, and the execution of a written agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession. For the duration of this agreement, the City will make no change in the working conditions or wages provided herein without negotiation with the Union. C. A Memorandum of Understanding is an agreement between the Union and the Agency, negotiated in accordance with Article 2, Section B, of this General Agreement between the Union 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 the Union and the Agency Head and approved by the Human Resources Department. D. Arbitration means a dispute settlement procedure whereby a neutral third party renders a decision that is binding upon the parties to this Agreement. E. A Letter of Agreement is a written understanding between an Agency and the Union Local with appropriate jurisdiction as allowed for in Article 14, Section L. ARTICLE 4 NON-DISCRIMINATION A. Both the City and the Union hereby reaffirm their commitments, legal and moral, not to discriminate in any manner relating to employment on the basis of age, gender, sexual orientation, gender expression, marital status, disability, religion, race, color, ethnicity, national origin, Appalachian regional ancestry, veteran status, military status, genetic history and HIV status. For the purpose of this Article any form of sexual harassment shall be considered unlawful sex discrimination. B. There shall be no discrimination or retaliation toward employees by virtue of participation or nonparticipation in Union affairs. 7  ARTICLE 5 UNION DUES DEDUCTIONS A. The City shall deduct bi-weekly dues from the pay of employees in the bargaining unit covered by this Agreement upon receipt from the Union of individual written authorization cards executed by an employee for that purpose and bearing his signature. Amount of biweekly dues shall be certified to the City by the Union. Any employee who has submitted a dues checkoff authorization card may withdraw or revoke the same at the same time and in the manner specified on the dues checkoff authorization card signed by the employee or as amended by the Union if the amendment specifies a shorter revocation period than one fifteen (15) day period tied to the end of the collective bargaining agreement. Copies of employee’s dues authorization cards are available from the Union upon request. B. All deductions under Paragraph A of this Article, accompanied by an alphabetical list of names and addresses of all employees by local union whose fees and/or dues have been deducted, shall be transmitted to the Controller of Ohio Council 8 at 6800 North High Street, Worthington, Ohio 43085-2512, on the fifth day following the end of the pay period in which the deduction is made. C. The Union will indemnify and save the City harmless from any action growing out of deductions hereunder commenced by an employee or anyone else against the City or the City and the Union jointly. D. Employees who are members of the union may revoke their union membership at any time by sending written notice to the Union of their desire to drop their union membership. Revocation of union membership does not revoke union dues authorization, which may only be revoked as set forth above. ARTICLE 6 MANAGEMENT RIGHTS Except where limited by Civil Service Rules, existing administrative policies and procedures, and express provisions elsewhere in this Agreement, nothing in this Agreement shall be construed to restrict, limit or impair the right of the City to manage its affairs in all respects. The right of the City to manage includes but is not limited to the following: 1. Direct the work of its employees; 2. Hire, promote, transfer, assign, and retain employees in positions within the public agency; 3. Suspend or discharge employees for just and proper causes; 4. Prepare budgets and maintain the efficiency of governmental operations; 5. Relieve employees from duties because of lack of work and for other legitimate reasons; 6. Take action as may be necessary to carry out the mission of the agency in emergencies; 7. Determine the methods, means, and personnel by which operations are to be carried out. 8  ARTICLE 7 NO STRIKE OR LOCKOUT It is understood and agreed that the services performed by the City employees included in this Agreement are essential to the public health, safety, and welfare. The Union, therefore, agrees that there shall be no intentional interruption to the work for any cause whatsoever, nor shall there be any slowdown or other interference with these services. The City agrees not to lockout any employees for the duration of this Agreement. ARTICLE 8 UNION REPRESENTATION A. The City recognizes the right of the Union to select local union officers, stewards and alternate stewards to represent the employees on grievances arising under this agreement, in disciplinary proceedings and in labor- management meetings. The alternate steward shall act as steward when the steward is absent from work. B. Local Union Officers and Stewards shall not be transferred without just and proper reason from their respective agencies and their respective shifts during their term of office unless such steward as part of his regular job is required to work different shifts. However nothing herein shall prevent the City from temporarily assigning Local Union Presidents and/or Vice Presidents, without loss of pay or current overtime opportunity, to an assignment within their current agency, on the same shift, which may better accommodate the need for said officer's Union Release Time activity. C. The Union is permitted a reasonable number of Stewards for each agency to be agreed upon between the Union and the agency head. The Union shall furnish current lists of names of Stewards to the agency head. D. Effective January1, 2014, AFSCME members shall donate four (4) hours per year to a Union Release Time bank. Members' funding shall be deducted on a proportional basis. Upon ratification, the Presidents or Vice Presidents as needed of Locals 240, 250, and 1543 shall be released full-time to conduct union business, without a loss of pay or benefits, to be covered by the Union Release Time bank. Any unused donated Union Release time shall rollover from year to year. In addition, the City will put in two-thousand (2,000) hours into the Union Release time bank from the unused 2013-14 year allotment. The parties will meet on a quarterly basis to review all used union release time. Union release time may be used for the purpose of conducting Union business related to contract administration, representation of bargaining unit members, education seminars and trainings, and other forms of Union business. Local officers and stewards shall receive their full salary and benefits to which they are normally entitled to receive when using union release time. 9  Time off for the deliberation of the Union's Negotiating Committee shall not be deducted from the Union Release, time bank. Time off for deliberations may not begin prior to four (4) months before the contract expiration date. Approval for such time off shall not be unreasonably denied. Likewise, time off for the following circumstances shall not be deducted from the Union Release time bank: attendance at City-sponsored committees or mutually beneficial events such as, and similar in scope to United Way meetings and City Retirement Board Meetings; disciplinary matters; and grievance and arbitration proceedings. The usage of this leave time shall be increments of no less than 1/2 hour. Hours used by Presidents, Vice Presidents, Stewards, or Union designees at monthly LMC committee meetings at which all LMC members are scheduled to be present, and contract negotiations shall not be deducted from the Union Release time bank. Local Union Presidents, Vice Presidents, Stewards, and Union designees shall be required to complete a Form 25-S per daily use of union release time, in order to account for time used for the purposes set forth in this Section. The time shall be designated as time chargeable to the Union release time bank or as non-chargeable time. The City shall provide to the Union a written, itemized accounting of chargeable and nonchargeable time used each month by each local union, and a cumulative total at the end of the 12 month period. Local Union Presidents, Vice Presidents, Stewards, and Union designees will not be required to account for time used that is de minimus in nature and of a short duration of fifteen (15) minutes or less. Union Presidents, Vice Presidents, Stewards and Union designees shall not conduct union business on City time without permission of the immediate supervisor. The supervisor shall promptly grant a reasonable period of time at the onset of a problem for the Union President, Vice President, Steward, or Union designee to respond to an issue. The Union President, Vice President, Steward, or Union designee must notify the supervisor upon leaving and give an approximate time of return. If the Union President, Vice President, Steward, or Union designee is unable to return at the time given, a call must be made notifying the supervisor of additional time needed. E. The Union shall furnish the following information to the City Human Resources Department: 1. Current lists of all Local Presidents, Vice Presidents, Stewards, and Alternate Stewards. 2. The civil service classifications/agencies (where known) represented by each Local. The Union will notify the City Human Resources Department of any changes in the above within thirty (30) working days of its occurrence. F. During the contract negotiations, the Union is permitted to have up to twenty (20) employees released to attend scheduled sessions with the City. The City will pay the salaries of twelve (12) of these employees, and they shall be identified by the Union by name at the 10  first negotiating session. Release time, whether paid or not, shall be for a period of one (1) hour before and one (1) hour after the scheduled meeting. Employees shall be assigned to the day shift for the period of negotiations. No overtime payment will be made to employees serving on the Union Negotiation Committee. The Union will provide the City with the list of all its negotiating team members one week prior to the first meeting. G. UNION LEAVE: Upon approval by the Human Resource Director an employee may be granted leave with pay, on the written request of the Union, to serve as a delegate to a Union convention. The Union will receive approval for no more than a total of thirty-five (35) man-days per year for this purpose, cumulative to a maximum of forty (40) man-days. These days will not be counted against the Union Release time bank provided for under Article 8 (D). At the request of the Union, a leave of absence without pay shall be granted to any employee selected for Union office, employed by the Union, or required to attend a Union convention or perform any other function on behalf of the Union necessitating a suspension of active employment. Seniority shall accumulate during this leave of absence. ARTICLE 9 UNION VISITATIONS With approval of the agency head or his authorized representative, Union staff members shall be permitted reasonable access to the City work areas in order to conduct Union business. The Union staff member shall not accept any complaint from any member until the complaint has been processed by the appropriate Union official. ARTICLE 10 AFSCME COMMUNICATIONS The City recognizes that the Union has a responsibility to communicate with bargaining unit members. To facilitate this purpose, it is agreed that Local officers and the Union Staff Representative may make reasonable use of e-mail, telephone, inter-office mail and fax machines to communicate with individual members (no mass communications except as listed below), so long as the use does not unduly interfere with City work. The City Manager and/or the Human Resources Director retain the right to discontinue this practice if it should cause undue interference with City work. The City shall provide bulletin boards or space in appropriate and accessible locations where employees assemble, as approved by the Department Director, and permit the Union to use the bulletin board space. The City will also consider requests for changes or additions to such locations where appropriate. The Union will limit the posting of Union notices to such bulletin boards. Appropriate items for communications under this section shall be: 11  1. Notices of Local elections 2. Notices of Local meetings 3. Notices of Local appointments and results of elections 4. Notices of Local recreational and social affairs 5. Local or Ohio Council 8 newsletters (newsletters may be distributed at a central location for different sections from a local member at their work site) 6. Local Officer and/or Steward lists/contact information 7. Matters of agreement interpretation 8. Matters of agreement enforcement 9. Such other notices as may be approved by the Human Resources Director or the Department Director for the City. No notice or other writing may contain anything political or critical of the City, of any City official, any other institution, any employee or other person. Items specifically prohibited from this process include those that are derogatory, inflammatory, or disrespectful of individuals or organizations, or which would violate Administrative Regulations or the Human Resources Policies and Procedures. All e-mails sent and notices posted on the bulletin boards must be authorized by a Local President or an official representative of Ohio Council 8. Union business conducted under this Article is subject to the provisions of Article 8. Items that are neither specifically permitted nor specifically prohibited may be submitted to the Appointing Authority or designee for prior approval. ARTICLE 11 SENIORITY Bargaining Unit Seniority shall be an employee's length of continuous service with the City within the bargaining unit. Classification Seniority shall be an employee's continuous length of service in a job classification. A. An employee shall have no seniority during his/her initial hire probationary period, but upon successful completion of the initial hire probationary period seniority will be retroactive to the original date of hire. B. Bargaining Unit Seniority shall be broken when an employee: 1. Resigns - unless reinstated within one (1) year; 2. Is discharged for just cause; 3. Is laid off and not recalled within time limits as determined by the provisions of this Agreement; 4. Leaves the bargaining unit to take a non-bargaining unit position for a period of time greater than twelve (12) months. 12 Classification Seniority shall be broken when an employee leaves his/her classification and takes another permanent position. If an employee who has not had a break in Bargaining Unit Seniority as described above returns to a previously held classification he/she shall be credited with any Classification Seniority that was previously accrued in that classification. A. For purpose of vacations within divisions, seniority shall be applied as provided by written policies and regulations of the divisions, as approved by the department head. B. The City shall provide the union with seven (7) copies of a seniority list of all employees within the bargaining unit within thirty (30) calendar days after the signing of this Agreement. The seniority list shall contain the name, job classification, department, and date of classification entry of all employees in the bargaining unit. Thereafter, the City shall provide the Union with seven (7) copies of an accurate updated seniority list on January 30th and July 30th of each succeeding year. C. The City shall provide the Union with a bi-weekly list of all new hires in the bargaining unit along with the employee's name, address, classification and department. The list shall also contain all employees who have been separated from the bargaining unit for any reason. D. Seniority for benefits such as, vacation, sick leave, longevity pay, and health care benefits are covered in those specific articles of the contract. ARTICLE 12 LAYOFF AND RECALL A. Layoff 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 & recall will be in accordance with the Ohio Revised Code, Section 124.32 and any applicable Civil Service Commission rule, except as may be superseded or amended hereafter. In lieu of layoffs, transfers between employing units will be made whenever possible. B. The City will provide the Union 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 layoffs or displacement. Employees have the right to appeal the procedural aspects of layoff or displacement to the Civil Service Commission or through the grievance process, but not both. In the event an employee elects the grievance process the grievance shall begin at step 3. C. Whenever there is a reduction in the workforce, permanent employees who have passed their probationary period are the last to be laid off in a classification within the employing unit. Students, emergency employees, seasonal, provisional and permanent employees who have not passed 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 13  existing vacancies within the employing unit first, provided they meet the qualifications contained in the job description for the position. D. If the employee whose position has been eliminated: 1. Has more Bargaining Unit seniority than any other employee occupying the same classification within the same employing unit and at the same or lower rate of pay, but in a different classification, and otherwise meets all the qualifications required for the classification pursuant to approved classification specification, the employee with the lowest Bargaining Unit seniority in the classification will be displaced within the employing unit before City-wide displacement of the classification. 2. The employee with the least Bargaining Unit seniority City-wide within the classification will be displaced. That employee will have the opportunity to displace the least senior bargaining unit employee within the classification series, pursuant to the Civil Service rules, prior to layoff. 3. Employees who are relocated into division one classification positions as a result of layoff or displacement will be granted no greater entitlement with regard to any future layoffs or displacements. In no case will an employee bump another employee with greater Bargaining Unit seniority. 4. In addition to the bumping opportunities outlined herein, an employee may bump into a position at the same or lower rate of pay he or she formerly held in the bargaining unit, provided they meet the qualifications contained in the job description for the position, but may not bump an employee with a greater Bargaining Unit Seniority. 5. The Human Resources Department will distribute Bargaining Unit Seniority lists to each department and a copy to the Union no later than 30 days prior to a layoff or earlier whenever possible. These lists shall be posted in such a fashion to allow all affected employees the opportunity to review the lists. 6. 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 a layoff. 7. Recall: A layoff recall list by classification will be maintained by the Human Resources Department. Employees will remain on the layoff recall list for 36 months. Affected employees will be placed on the layoff and recall list by classification and in descending order of Bargaining Unit Seniority. Employees will be recalled to their classification 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 description for the position. 14  8. Once an employee has left the bargaining unit and has had a break in Bargaining Unit Seniority as described in Article 11 of this Agreement, he/she shall have no bumping rights into any bargaining unit positions. Non-bargaining unit employees who have never worked in the bargaining unit shall have no bumping rights into the unit. ARTICLE 13 TEMPORARY TRANSFERS The City and the Union shall develop guidelines for the use of temporary transfer by developing specific language to fit its operational units. A. All employees shall be required to perform any and all temporary transfer duties of which they are capable regardless of their usual or customary duties. The agency shall notify the Union of any temporary transfer that exceeds 30 days. A copy of such notice shall be given to Ohio Council 8 Regional Office and Local Union President. Temporary transfer may be used: 1. To fill a vacancy caused by an employee being on sick or other approved leave of absence; 2. To provide vacation relief scheduling; 3. To fill an opening temporarily pending permanent filling of such opening; 4. To meet an emergency situation; 5. To temporarily transfer an employee who is temporarily incapacitated because of an off the job injury or illness. B. When an employee is temporarily transferred to substitute in another job classification with a rate of pay lower than his own for reasons (1) through (4), he shall receive his regular rate of pay. When he is temporarily transferred to a lower classification for reason (5), he shall receive the highest rate of pay applicable to his temporary transfer. C. When an employee is temporarily transferred to perform the duties that are in a higher classification than his own, he shall be paid a minimum of four (4) hours at the higher rate of pay. If the employee performs the duties of the higher classification for more than four (4) hours, he shall receive the higher rate of pay for the entire shift. (See Art. 18, Section F) An employee who is temporarily transferred to a position from which he is displaced shall be paid at the rate of pay he would be receiving had he not been displaced for the duration of the temporary transfer. D. When an employee is temporarily transferred to substitute for a position in a classification higher than his regular rate of pay for reason (5) above, he shall receive his regular rate of pay. E. All temporary transfers will be paid starting with the first day of such transfer. 15 F. Any employee temporarily transferred in accordance with Paragraph C of this Article for more than six (6) months shall receive the higher rate of pay for Paid Sick Leave, Injury With Pay Leave, Vacations and Holidays. The City will not remove an employee from a temporary transfer for the purposes of avoiding payment of this benefit. G. Time worked on a temporary transfer basis may not be used to meet the qualifications for a higher level position. H. Unless the Civil Service Commission provides otherwise, all vacancies which are to be filled by the temporary transfer shall be filled according to the following procedure: 1. In the event a civil service exam has not been administered within 30 calendar days from the date the vacancy occurred, the City shall post a notice of the opening in the proper employing unit from which eligibility is determined for seven (7) calendar days. 2. The notice shall contain the job class title, rate of pay, division, area of the vacancy, shift and job description, and the person which is to receive applications. 3. Employees who wish to be considered for the posted job must file a written application with the person designated on the notice by the ending of the posting period. 4. All applications timely filed will be reviewed by the City and the position will be awarded, on a temporary basis, in seven (7) calendar days on the basis of seniority, experience, skill, and ability to perform the work in question. 5. Once a certified list exists for a classification where a vacancy has been filled by temporary transfer, the City shall fill the vacancy from the existing eligibility list. ARTICLE 14 HOURS OF WORK AND OVERTIME A. The regular work week shall consist of forty (40) hours, five (5) days of eight (8) hours each. The work week for employees working a normal Monday through Friday schedule (standard shifts) shall be from 12:01 a.m. Monday through midnight Sunday. The work week for employees working rotating shifts or shifts including weekends (nonstandard shifts) shall be from 12:01 a.m. Sunday through midnight Saturday. It is understood that shifts beginning at 9:00 p.m. or after shall be considered the work shift for the next day. B. Time in a pay status, not including Sick with Pay (SWP), in excess of eight (8) hours in any one day shall be compensated at the rate of time and one-half (1 ½ x). C. Work employee's first off day, shall be compensated for at time and one-half (1 ½ x), unless the employee has not been in a pay status for forty (40) hours that week. In such cases he receives straight time for the first forty (40) hours of the week and time and one-half (1 ½ x) for the balance. 16 D. Work performed on the seventh (7th) day of the employee's work week or the second off day, shall be compensated for at the rate of double time (2x). E. Work performed on a legal Holiday, or the day observed as such, but not both (see Article XV) shall be compensated in cash at double time (2x) in addition to the regular pay for the Holiday. F. The City agrees that every attempt will be made to equalize overtime work throughout the calendar year. Unless otherwise agreed through an MOU, beginning with January 1, 2008, overtime lists will be created in each Division or work unit where overtime is regularly used. All eligible employees will be listed by seniority. Initially, overtime opportunities will be made beginning with the most senior employee and working down the list to the least senior employee. Thereafter, offers will be rotated according to the lowest accumulated overtime hours worked, hours offered, or for which the employee is unavailable. In offering overtime, the employer shall utilize the classification and qualifications of those who normally perform the work. Overtime lists shall be updated at least once per pay period. G. If any employee is scheduled to work overtime, but reports sick, his scheduled overtime is canceled, and no sick pay or any other pay is given for this time. H. Call-out: 1. Whenever an employee is called out to work without prior notice at times other than his regular work schedule, thereby necessitating additional travel to and from work, he shall be guaranteed four (4) hours pay at straight time or overtime depending upon the case involved. The overtime guarantee set forth herein shall not be applied to those situations where the employee works pre-scheduled overtime with prior notice of at least twenty- four (24) hours. In such cases, the employee shall be guaranteed two (2) hours pay at the appropriate overtime rate. 2. Whenever an employee is called out to work for time leading into the regular shift, he shall receive a minimum of four (4) hours overtime pay, provided that the employee responds to the call-out within sixty (60) minutes of receiving the call, and that the employee works more than two (2) hours. 3. When an employee is called out to work for time leading into the regular shift and either works two (2) or less hours or does not respond to the call-out within the allotted sixty (60) minutes, he will be paid only for the time worked, at the proper overtime rate. 4. Call-out pay shall be paid in cash unless the Agency and the employee agree to it being paid in comp time. It is further understood that this Agreement does not affect existing working agreements for weekend and Holiday work. 17 I. Employees who must continually monitor their duty stations shall be required to work an eight (8) hour shift and will be entitled to eat lunch at their work station during the eight (8) hour shift except where relief practices are in effect. J. The City shall provide that employees who do not desire to be placed on standby status shall not be penalized in any manner whatsoever. K. Shift workers on duty when Daylight Saving Time takes effect will work seven (7) hours and be charged one (1) hour vacation or compensatory time or work a full eight (8) hour shift, at the discretion of the Agency or an employee may take one (1) hour LWP if mutually agreed by the Agency and the employee. L. Where there is a need for flexible work schedules, Agencies shall negotiate appropriate Memoranda of Understanding or Letters of Agreement with the Union as allowed under Article 3 (Definitions), paragraph "C" and "E". M. Each Department may negotiate a compensatory time MOU with the Union in accordance with Article 3 (C). Compensatory time may be accumulated up to a 160 hours or any higher maximum set by the City Human Resource Director. ARTICLE 15 OBSERVANCE OF HOLIDAYS A. The following Holidays with pay are celebrated by all members of the bargaining unit including 3/4 time employees: 1. New Year's Day (January 1) 2. Martin Luther King's Birthday (3rd Monday in January) 3. Presidents' Day (3rd Monday in February) 4. Memorial Day (Last Monday in May) 5. Juneteenth (June 19) 6. Independence Day (July 4) 7. Labor Day (1st Monday in September) 8. Veterans Day (November 11) 9. Thanksgiving Day (4th Thursday in November) 10. Day After Thanksgiving 11. Christmas Day (December 25) B. The Birthday Holiday will be granted to employees 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 (1) of the following year with the approval of the immediate supervisor and based on vacation rule. This day must be taken prior to the end of pay period one (1) of the following year and not carried over to the next year. The approval and use of the Birthday Holiday is subject to Article 21, Section J. For the purpose of the Birthday Holiday, new hires are only entitled to the Birthday Holiday if his/her birthday falls during the first pay period of his/her hire 18  date or thereafter. New employees whose birthdays fall prior to his/her first pay period are not eligible for the Birthday Holiday in that calendar year. C. Holidays are celebrated and paid differently according to an employee's work schedule. D. Employees working a normal 5-day, Monday-Friday week (standard shift): if any of the above Holidays falls on a Sunday, the following Monday is considered the Holiday. If any of the above Holidays falls on a Saturday, the preceding Friday is considered the Holiday. These employees will receive Holiday pay if they work the observed Holiday (Monday or Friday). If the employee works the actual Holiday (Saturday or Sunday), the regular overtime rule applies. E. Employees working normal daytime hours including weekends and employees working rotating shifts on seven day operations (non-Standard shift): These employees will be paid Holiday pay for working the actual Holiday and not the observed Holiday. If the actual Holiday falls on the employee's normal day off, he must be given another day off or another day's pay. If the department elects to give the employee another day off and the actual Holiday falls on the employee's first off day, they must give the day off preceding the actual Holiday; if the actual Holiday falls on the employee's second off day, they must give the day off after the actual Holiday. F. For the purposes of this section, Holidays shall be understood as extending from 12:01 a.m. to Midnight, the day the majority of hours are scheduled. G. An employee forfeits Holiday pay when: 1. He is off without pay for the week of the Holiday. 2. He is Absent Without Leave on either the work day before or work day after the Holiday. 3. He is off without full pay on both the work day before and the work day after the Holiday. 4. He is Absent Without Leave on a Holiday on which he is routinely scheduled to work. If an employee is off on either the work day before or the work day after a Holiday and is in a pay status for the day he is off he will be paid for the Holiday. H. RELIGIOUS HOLIDAYS 1. A full-time employee may charge religious holidays to either vacation, earned overtime, personal without pay, or a regular off day which he is allowed to work. 2. Employees requesting religious holidays must notify their immediate supervisor at least thirty (30) days prior to such day with a written notice. The supervisor shall reply in writing within five (5) days upon receipt of the written request. The employee must receive approval from the supervisor before he will be excused for the holiday. 19  ARTICLE 16 CORRECTIVE ACTION A. The Union recognizes the right of the City to take corrective action with employees for just and proper cause. A corrective action shall be considered just and proper if demonstrated by a preponderance of the evidence. Corrective action may include consultation, oral and written reprimands, loss of all or part of vacation; suspension, reduction of pay within the pay range, demotion, or dismissal. All corrective action except for those based on departmental tardy policy violations shall be progressive and increasing in severity from the most-recently issued discipline on record regardless of the similarity between previous incidents. For the purposes of corrective action, an “incident” is an underlying event that results in corrective action for an employee. 1. Corrective action based on a departmental tardy policy shall be progressive nature based on other tardy policy violations still on record. 2. Employees who are AWOL for three or more consecutive shifts without calling in or contacting the department according to departmental policy will be considered to have abandoned their jobs. Employees will be terminated in the system of record without a pre-disciplinary hearing. Reinstatement to the position, if vacant, will be considered by the department if evidence of inability to contact the department can be shown. B. In cases of dismissal, the employee is entitled to payment of all wages due him with the issuance of the next regular paycheck. C. Oral or written departmental reprimands shall not be issued without a discussion between the employee, union and the charging supervisor involved. If a decision is made to issue an oral or written reprimand, the oral or written reprimand shall be issued within twenty- five (25) working days of the date the supervisor becomes aware of the precipitating incident. A copy of the written reprimand shall be sent to the local Union Steward (or to the local Union President if no Steward exists). In instances where an oral or written reprimand results from a pre-disciplinary meeting, the twenty-five (25) working days’ time limit does not apply. D. Documentation of oral reprimands, which are maintained in the supervisor's files, and written reprimands shall be removed from the employee's records after one (1) year from the date of service of the discipline provided no other corrective measures have been issued within that year. All other corrective actions shall be removed from the employee's records after three (3) years from the date of service of the discipline, provided no suspension or other action greater than a written reprimand has been served against the employee in that three-year period. E. Upon request, employees are entitled to, and can only use, Union representation at investigatory meetings that may result in discipline for that employee. If an employee requests representation at such a meeting, management will grant the request and delay until union representation can arrive, deny the request and end the interview, or allow the 20  employee to choose whether to continue without representation. Employees are not entitled to union representation at meetings for the service of discipline. F. No employee shall be disciplined (except for oral and written reprimands and failing to qualify at the end of a probationary period) without a pre-disciplinary meeting unless the employee specifically waives the meeting in writing. Pre-disciplinary meetings shall be conducted by the Department Head’s designee. Notice of the reasons for the charges shall be given to the Local Union Staff Representative and employee at least five (5) working days prior to the pre- disciplinary meeting. It is the responsibility of the Department Head or his/her designee hearing the charges to advise the employee of his right to representation before the date of the meeting. A Union representative must be present at all pre- disciplinary meetings; however, an employee may choose to represent himself so long as a Union Representative is present at the pre- disciplinary meeting. Employees and management are entitled to no more than three (3) representatives from each party, including the Staff Representative, at the meeting. One City representative must be the charging supervisor, unless the charging supervisor is unavailable due to extenuating circumstances. Prior to, or at the meeting, the Union may request and the City shall provide, any information pertaining to the charges. Pre-disciplinary meetings may be recorded. Such recordings will be provided to the union. In special cases, the employee may be suspended without pay pending a meeting. In such cases the meeting shall be held within five (5) working days of the suspension. If, following the meeting, the employee continues to be suspended without pay; the final determination shall be made within ten (10) working days. If no determination has been made within ten (10) working days of the suspension, the employee will return to paid status on the eleventh (11th) working day, and final determination shall be completed within the time lines outlined in paragraph (H) of this Article. If an employee is suspended with pay, the pre- disciplinary meeting shall be held in accordance with Paragraph (H) of this Article. G. An employee may appeal a written reprimand 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. Suspensions of more than twenty-four (24) hours, including other equivalent losses, may be appealed through the grievance process or through the Civil Service Commission, but not both. In appeals to the Civil Service Commission for cases of termination, the City may be required to provide 1) a financial remedy based upon a salary calculation from the date of termination to the date of first hearing or 2) reinstatement, but not both. All other discipline (except oral reprimands and consultations) may only be appealed through the grievance procedure. Any pre-disciplinary penalties set by City policies may be appealed through the Grievance Procedure. On appeal, the standard of review is the preponderance of the evidence. 21 H. Timelines and notifications: 1. The charging department must send a Notice of a pre-disciplinary meeting to the local president and/or AFSCME Council 8 Staff Representative by email, identifying a time, date, location/venue for the meeting and summary of the charges against the employee, not later than twenty-five (25) working days from the date upon which the charging supervisor becomes aware of the precipitating incident(s), except in cases involving violations of Administrative Regulations 25 (Non-discrimination and Sexual Harassment), 44 (Residency), 49 (Workplace Violence), or 55 (Workplace Behavior Policy), this time frame will be up to eight-five (85) working days. In cases involving an investigation by a law enforcement agency, there will be no time limit for completion of the investigation. 2. Upon receipt of the Notice of pre-disciplinary meeting, the union shall be entitled to a single continuance for the purpose of scheduling. 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 delivered or emailed to the employee, AFSCME Council 8 Staff Representative and/or Local President within twenty-five (25) working days from the date of the pre-disciplinary meeting. Failure to comply with these time lines will result in the dismissal of the allegations against the employee. 3. The City may request an extension of these time lines and the Union may not unreasonably deny such extension request. 4. Departments and individual locals may enter into scheduling agreements identifying monthly days set aside for pre-disciplinary meetings. 5. Departments that have Boards or Commissions (Parks, Recreation, and Health) who act as the appointing authority are granted additional time to send the Form 32 to the employee and the union. Once the final disposition is signed by the Human Resources and Law departments, it will then be forwarded to the appropriate Board or Commission for its next meeting date following the end of the 25-day period. The final disposition will be sent to the employee and the union no later than 5 workdays after the Board or Commission meeting. Failure to comply with these timelines will result in the dismissal of the allegations against the employee. I. The City and Union will jointly conduct ongoing training for supervisors and union officials regarding this Article of the Labor Agreement. J. As it pertains to the time lines in the Article, working days are defined as Monday through Friday, not counting holidays listed in Article 15, Section A of this Agreement. As it pertains to the final disposition, twenty-five (25) working days begins one (1) working day after the date of the request for a pre-disciplinary meeting. 22  ARTICLE 17 GRIEVANCES The City of Cincinnati and AFSCME strive to promote ethical, positive and cohesive labor/management relations and to maintain that as a mainstay of its institutional culture. Civil and professional interactions among all members of management, Union officials, and employees are essential to support the efficient delivery of municipal services. Therefore, the parties are highly encouraged to resolve through discussions any grievance as defined herein. Departments and Agencies have authority to resolve grievances at the appropriate steps if such resolution does not conflict with the contract, Human Resources Policies & Procedures, Administrative Regulations, or other City Policies. A grievance is an allegation by an employee or the Union that the terms of the Agreement between the Union and the City have been violated or misrepresented. When any such grievance arises, the following procedure shall be followed: Informal An employee who has a grievance shall, within ten (10) working days of the date which the employee becomes aware of the incident precipitating the grievance, initiate orally the problem solving technique (discussion and conciliation) to the immediate Division O supervisor or to the next highest level of supervision. That supervisor, employee and Local Union Steward shall meet to attempt to resolve the grievance. The supervisor hearing the grievance shall render a verbal answer stating the reasons for granting or denying the grievance to the employee and Local Union Steward within ten (10) working days after the informal discussion. STEP 1. Division Head If the employee's grievance is not satisfactorily settled at the informal discussion, the Union may, within ten (10) working days after receipt of the informal discussion answer, file a written grievance with the grievant's Division head. The Division head or his/her designee shall meet with the employee, the employee's Local Union Steward and/or Local Union official in an attempt to adjust the grievance and shall render an answer in writing stating the reasons for granting or denying the grievance within ten (10) working days after the meeting date with the Division Head. The Division Head or his/her designee who heard the grievance shall mail or personally deliver the Step 1 answer to the employee, the employee's Local Union Steward and Local Union Official. STEP 2. Department Head If the grievance is not satisfactorily settled at Step 1, the Union may, within ten (10) working days after receipt of the Step 1 answer, appeal the grievance to the Department Head. The Department Head or his/her designee shall meet with the employee and up to three (3) Union officials which includes the Ohio Council 8 a Staff Representative in an attempt to adjust the grievance and shall render an answer in writing stating the reasons for granting or denying the grievance within ten (10) working days after the meeting date with the Department Head. The Department Head or his/her designee who heard the grievance shall mail or personally deliver the Step 2 answer to the 23 employee, the employee's Local Union Steward, Local Union Official and the Ohio Council 8 Staff Representative. STEP 3. Human Resources If the grievance is not satisfactorily settled at Step 2, the Union may, within ten (10) working days after the receipt of the Step 2 answer, appeal the grievance to the Human Resources Director. The Human Resources Director or his/her designee shall meet with the Ohio Council 8 Staff Representative, Local Union official and the aggrieved employee or the employee's Steward in an attempt to adjust the grievance and shall render an answer in writing stating the reasons for granting or denying the grievance within ten (10) working days after the meeting date with the Human Resources Director. Upon mutual agreement of both the union and the City, the meeting may be waived and the Human Resources Department may answer the grievance after a review of the record. The Human Resources Director or his/her designee who heard the grievance shall mail or personally deliver the Step 3 answer to the employee, the employee's Local Union Steward, Local Union Official and Ohio Council 8 Staff Representative. STEP 4. Mediation If the grievance is not satisfactorily settled at Step 3, the union may, within ten (10) working days after the receipt of the step 3 answer submit the grievance to the Human Resources Director or Designee for grievance mediation. In recognition of the desirability of resolving disputes by mutual agreement, AFSCME Ohio Council 8 and AFSCME Locals 190, 223, 240, 250, 1543 and 3119, and the City of Cincinnati, hereinafter referred to as the "parties," mutually agree to the following policies and procedures for the mediation of grievances pending arbitration. 1. Absent mutual agreement grievance mediation is available to the parties after Step 3 of the grievance process, but only for grievances involving contract interpretation grievances and disciplinary grievances involving suspensions of 24 hours or greater (or equivalent loss of pay or vacation). Should free mediation services that are agreeable to both parties be no longer available, the mediation step will be discontinued. 2. All grievances will be referred to mediation unless the parties mutually agree not to mediate a particular grievance. 3. The parties shall mutually agree to a mediator to serve in the capacity of grievance mediator from the Federal Mediation and Conciliation Service or the State Employment Relations Board. The mediator must be an experienced mediator and/or arbitrator with mediatory skills. The mediator may not serve as an arbitrator for the same issue for which he or she is a mediator. 24 4. The mediator will be asked to provide a schedule of available dates. Cases will be scheduled in a manner which assures that the mediator will be able to handle multiple cases on each date, unless otherwise mutually agreed. 5. The grievant shall have the right to be present at the mediation conference. The Department and the Union may each have no more than three (3) representatives as participants in the mediation effort. The Human Resources Department shall have at least one (1) representative as a participant in the mediation effort. Persons representing the parties must be vested with full authority to resolve the issues being considered. 6. The mediator may employ all the techniques commonly associated with mediation, including private caucuses with the parties. The taking of oaths and the examination of witnesses shall not be permitted, and no verbatim record of the proceeding shall be taken. The purpose of the mediation effort is to reach a mutually agreeable resolution of the dispute. There will be no procedural constraints regarding the review of facts and arguments. There shall be no formal evidence rules. Written materials presented to the mediator will be returned to the party presenting them at the conclusion of the mediation conference. 7. Mediation efforts will be informal in nature and shall not include written opinions or recommendations from the mediator unless mutually agreed to by the parties and the mediator. In the event that a grievance which has been mediated is appealed to arbitration, there shall be no reference in the arbitration proceeding to the fact that a mediation conference was or was not held. 8. At the mediation conference the mediator shall first seek to assist the parties in reaching a mutually satisfactory settlement of the grievance which is within the parameters of the collective bargaining agreement. If a settlement is reached, a settlement agreement will be entered into writing at the mediation conference. The mediator shall not have the authority to compel the resolution of a grievance. 9. If a grievance remains unresolved at the end of the mediation conference the mediator may, if requested by either party, render a verbal opinion as to how the grievance is likely to be decided if it is presented at arbitration. This opinion is nonbinding and inadmissible in any subsequent arbitration proceeding. 10. If a settlement is not reached, the Union may appeal the grievance to arbitration. All applicable time limits for appealing a grievance to arbitration contained in the collective bargaining agreement shall commence on the day of the mediation conference. 11. The dates, times and places of mediation conferences will be determined by mutual agreement of the parties. Each party shall designate a representative responsible for scheduling mediation conferences. 25  12. The parties agree to schedule a minimum of one (1) day a month, if necessary, for mediation efforts during the time period of this Agreement. 13. The parties agree to schedule a day of orientation and training to be attended by those individuals who will be participating in the mediation proceedings on behalf of the parties. The parties agree to mutually examine and review the grievance mediation process and procedures adopted herein twelve (12) months from the date of execution of the collective bargaining agreement. The purpose of said examination and review is to revise, alter, correct or otherwise improve the grievance mediation process and procedures, if such is deemed necessary. STEP 5. Arbitration If the grievance is not satisfactorily settled at Step 3 or 4 (whichever is appropriate), the Union may, within thirty (30) calendar days after receipt of the Step 3 or 4 answer, or within thirty (30) days after the attempt to mediate, submit the grievance to the Human Resources Director or his/her Designee for arbitration. The parties agree to utilize the Federal Mediation and Conciliation Service (“FMCS”) 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 FMCS 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. In the absence of a permanent panel, FMCS Rules will prevail for the selection and administration process. A. The fees and expenses of the arbitrator shall be borne equally by the City and the Union. Furthermore the aggrieved employee, his Local Union Steward, and the Local Union President and any necessary witnesses shall not lose any regular straight-time pay for time off the job while attending an arbitration proceeding. B. In the event a grievance goes to arbitration, the arbitrator shall have jurisdiction only over disputes arising out of grievances as to the interpretation and/or application of the provisions of this Agreement (including disciplinary actions to the extent permitted herein), 26  and/or compliance with the provisions of this Agreement, and in reaching his decision the arbitrator shall have no authority to add to or subtract from or modify in any way any of the provisions of this Agreement. The arbitrator shall issue a decision within thirty (30) calendar days after submission of the case to him (unless otherwise agreed to by the parties). C. All decisions of arbitrators consistent with Paragraph B of this Article and all pre- arbitration grievance settlements reached by the Union and the City shall be final, conclusive and binding on the City, the Union and the employees. A grievance may be withdrawn by the Union at any time during the Grievance Procedure, and the withdrawal of any grievance shall not be prejudicial to the positions taken by the parties as they relate to that grievance or any other grievances. The time limits set forth in the Grievance Procedure may be extended by mutual agreement of the City and the Union. All such extensions must be in writing and shall not be unreasonably denied by either party. Any grievance not timely presented or timely processed by the Union shall be considered settled on the basis of the City's last answer. If the City fails to answer a grievance in a timely manner, the Union may move the grievance to the next step of the Grievance Procedure. A policy grievance which affects a number of employees may initially be presented by the Union at Step 1 of the Grievance Procedure. For purposes of this Article, a Union Grievance/Policy Grievance/Class Action shall be synonymous, and shall mean a grievance which affects more than one (1) union member. For a Union Grievance/Policy Grievance/Class Action Grievance, up to one (1) union official for each local involved, plus the Ohio Council 8 Staff Representative, may be present, but in no event shall there be more than seven (7) union officials. If a grievance on a pay step denial is granted, a gross pay adjustment will be made to the date the pay step should have gone into effect. A failure of probation is not subject to the Grievance Procedure. The City and the Union agree that, unless otherwise stated within this Agreement, grievances filed over a disciplinary action shall be initiated at Step 2 of the grievance procedure. The Union may amend a grievance up through Step 2. All amendments must be in writing setting forth the details of the amendment (i.e., the facts upon which it is based, the additional Article(s) violated, and the relief requested). A Grievant may, at his or her option, be present at all steps of the Grievance Procedure, except for Union Grievance/Policy Grievance/Class Action Grievances, where the Union may have up to 1 grievant present. 27  ARTICLE 18 TERMS AND CONDITIONS FOR PAYMENT OF WAGES A. Wage rates are subject to negotiations between the Union and Management, and are officially set by action of City Council. B. Pay scales usually include steps, with salary advancement on an annual basis until the maximum is reached. A salary step-up, unless it is denied, shall become effective on the first day of the anniversary pay period of the employee's date of hire, date of promotion, or most recent step-up. Proper notification of any deferral of pay steps must be made to the employee to allow for processing through the established grievance procedure. C. Employees reinstated after resignation are restored to the relative pay step held at the time of resignation, provided their reinstatement date is within one year from the date of their resignation. If the employee's reinstatement date is greater than a year from their resignation date, they begin at the lowest step of the pay scale, and the reinstatement date will be the employee's new bargaining unit date. D. Employees recalled from lay-off will start on their old salary step and will receive credit for time worked in the classification since the date of hire or date of last merit increase. E. An employee shall be granted an extended leave of absence without pay for military duty in accordance with state and federal law and, after discharge, shall be restored to employment with the City upon request, in accordance with state and federal law, unless additional rights are provided for with in this agreement. F. When an employee is temporarily transferred, temporarily promoted, or permanently promoted to a classification carrying a higher pay range, his pay shall be set at the wage step that is closest to 5% increase, but is no less than a 4.5% increase over his prior wage rate, but not to exceed the top step of the higher classification. G. When an employee is reclassified, his compensation shall be fixed at the same rate as in his former classification, if such a rate exists; otherwise, at the next higher rate than his previous rate. H. When a department considers it necessary to add a Special Assignment to a position, approval from the Human Resources Department must be obtained. Special Assignment may only be paid for hours actually worked in the assignment and may not be paid when employee is on vacation, sick leave, IWP, etc. I. When an employee is demoted for any reason other than discipline, his pay shall be at the same rate held in the higher class if the lower class contains such a rate; otherwise, he shall receive the rate in the new class next lower than his rate before the demotion. For any employee who currently pays a retirement contribution on the basis of his higher previous salary (for credit for that salary upon retirement), the City will continue to allow such 28  employees to do so. Effective upon the signing date of this agreement, no other employee may initiate this retirement contribution. J. When, because of physical or other infirmities, an employee is unable to perform the duties of his position but is qualified for service in another classification, he may, with the approval of the Civil Service Commission, be reassigned to another classification at the same rate of pay if the new classification contains such a rate; otherwise, at the rate of compensation in such a classification next lower than his previous compensation. ARTICLE 19 SHIFT DIFFERENTIAL A. Employees assigned to a shift ending between 6:00 p.m. and midnight shall receive a shift differential of eighty (80) cents per hour in addition to their regular rate of pay. B. Employees assigned to a shift ending after Midnight and before 10:00 a.m. shall receive a shift differential of ninety-five (95) cents per hour in addition to their regular rate of pay. C. Employees on rotating shifts: Shift differential shall be paid to the employee who works the shift regardless of whether scheduled or relieving another employee, except it shall not be paid when sick or on vacation. D. Shift differential shall be included in the regular rate used to compute overtime compensation and holiday pay. Shift differential shall be paid starting with the first day of such assignment. E. A shift worker is paid the shift differential, if any, attached to his/her assigned shift for all continuous hours worked if he is not filling in for another employee on the shift before or after his assigned shift. F. Appendix E herein contains examples of shift differential. ARTICLE 20 FILLING OF VACANCIES - PROMOTIONS Vacancies in positions above the lowest rank or grade of any category in the classified service shall be filled insofar as practicable by the promotion of present employees on a City-wide basis. Eligibility and qualifications shall be defined by the Civil Service Commission. Employees who laterally transfer and/or demote to a bargaining unit classification under this Article will not voluntarily transfer or demote from their new position for at least a twelve (12) month period, including their probationary period, starting from their first day in the new position. Employees who are currently in the 12-month period after promoting, laterally transferring, or demoting may test for other posted positions if they meet the minimum qualifications for the 29 classification at the time of application. However, in order for the employee to be appointed to that position, he/she must meet all eligibility requirements under the Civil Service Rules. NON-TESTED POSITIONS A. For the specific classifications listed below, the following method shall be used to create an eligibility list within the respective employing unit. Promotions off the existing eligibility list may include a practical and/or oral examination prepared according to Federal Uniform Guidelines. 1. The employee must meet the Civil Service Commission qualifications for that classification. 2. The employee's last service rating must meet expectations or higher. 3. The employee's rank on the eligible list will be according to layoff seniority date. 4. Appointments will be made in descending order from the top of the eligible list. 5. If two (2) or more employees have the same layoff seniority date, the tie will be broken first by the service rating grade; secondly by time stamps and lastly by lottery. B. The classifications that are to be filled by the procedure outlined above are: Airport Maintenance Worker Asphalt Plant Equipment Worker Asphalt Raker Automotive Street Cleaning Equipment Operator Cement Gun Nozzle Operator Cement Gun Utility Worker Custodian Maintenance Machinist Helper Mechanical Utility Worker Plant Maintenance Trainee Operator and Dispatcher Sanitation Specialist Sanitation Truck Driver Stock Handler Storekeeper Storm Sewer Maintenance Specialist Traffic Aids Worker Tire Repair Worker Wastewater Collection Pipelayer Water Meter Repairer Welder Helper Water Works Maintenance Worker 30 The classification list included above may be expanded or contracted by the Labor Management Committee based on the appropriateness of Civil Service testing. TESTED POSITIONS A. When a promotional examination involves a classification within the established bargaining unit, the employee within the employing unit with the highest final grade shall be appointed. If there are no employees on the list within the employing unit, or when the list of employees within the employing unit is exhausted, or the remaining employees on the list within the employing unit have declined the position, the highest-ranking employee City-wide shall be appointed. The City will continue to move in the spirit of filling vacant positions through the promotional examination process which may include written and/or practical and/or oral examinations prepared according to Federal Uniform Guidelines. When a vacancy occurs in a classification and the vacancy is to be filled and there is no eligibility list or related list for the classification, the City shall within 90 days request the Civil Service Commission to schedule an examination for such classification. B. An employee failing his probationary period on promotion shall be restored to his previous classification in the department from which he was promoted. If there is no vacancy in the department, he shall be restored to his previous classification in the City service. His salary step is that which he would have been on had he remained in the lower classification. C. An employee who is promoted as a result of an open competitive examination and who fails to qualify on his probation period will be returned to a position in his former classification with the consent of the Civil Service Commission, if a vacancy exists in his former classification. If a period of time occurs between his failure and his receiving a new appointment he shall receive all credits due him as if he had continuous employment. Placement can also be considered in a related classification. D. An employee, who has resigned in good standing, may be recommended for reinstatement if a vacancy exists in the same or similar classification within one (1) year of the date of his resignation. Reinstatement will not be approved if: 1. A layoff recall list exists in the classification; 2. A promotional exam list exists for the position; 3. A complete certification has been made from a list and the eligibles notified. E. Vacancies in job assignments where examination is not required will be filled from among employees in the appropriate classifications. The vacancy shall be first offered to employees according to job classification seniority and ability to perform the work of the vacancy. If no employee is interested in the vacant assignment, the least senior employee with the ability to perform the work in the classification shall be assigned if not on probation. F. Time worked on a temporary promotion basis may not be used to meet the qualifications for a higher-level position. 31  G. A cut score shall not exceed 70% for any Civil Service test(s) for classifications covered by this Agreement. LATERAL TRANSFERS To fill any opening in the bargaining unit, agencies shall first consider filling such openings using existing City employees within the appropriate classification before requesting an eligible list. All such openings will be posted city-wide as lateral transfer opportunities. At a minimum, the three (3) qualified applicants with highest classification seniority will be interviewed. All employees that interview for the position will be notified by letter of the final outcome. Lateral Transfer shall be defined as same classification transferring into a different department. ARTICLE 21 VACATION The City and the Union recognize that time away from work to relax and pursue special interests is important. All AFSCME bargaining unit employees who work at least three fourths (3/4) time are eligible to accumulate paid vacation leave each pay period based on their years of service (bargaining unit seniority) and according to the terms defined by this agreement. A. Vacation credit is added each pay period in the following amounts for each bi- weekly work period: Maximum Allowable SENIORITY Vacation Credit Days per Year Balance of Accrued 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 Each permanent employee will be credited with vacation leave according to the above table. In case of absence without pay during a bi-weekly pay period, full credit will be given if the employee works more than forty (40) hours; one week's credit will be given if the employee works for one (1) to forty (40) hours, inclusive, in the pay period. Extra vacation for seniority will begin at the start of the anniversary pay period. 32 B. Employees are expected to take vacations each year in amounts equal to the credit earned in a year. C. If an employee used his normal annual vacation credit but, because of an early vacation scheduled by the department, is lacking a few hours (less than half a day) of credit, departments shall grant the additional time without charge. D. Only permanent employees who work at least three-fourths (3/4) time are eligible for vacation. Part-time employees are credited with the same schedule as above, provided he works three-fourths (3/4) time. When vacation credit is used, the part- time employee will receive vacation in the same proportion to full-time as his work schedule is to fulltime. E. Employee retains all vacation privileges on transfer or other interdepartmental moves. Since terminal pay cannot overlap appointment to new departments, parties involved in interdepartmental moves should settle any problems concerning accrued vacation credits before a move is effected. Generally, unused vacation credits should be taken before the move. F. An employee reinstated from retirement to his former position retains credit for service prior to retirement for purposes of computing longevity vacation. Employees reinstated from ordinary resignation are considered new employees. G. On Retirement, Death in Service, Lay-Off, Military Service, Resignation or Dismissal, vacation is credited up to the last day of employment, and all unused vacation is paid for prior to effective date of separation. H. Advanced Vacation: No employee can take any vacation beyond that already earned except in the most unusual cases. Requests must be submitted to the Human Resources Director. No advanced vacation will be approved without a written agreement by the employee that he will reimburse the City if he leaves before earning the credit taken. I. Employees may take their vacation during scheduled work times within the calendar year. 1. SCHEDULED VACATION TIME: To request scheduled vacation leave for the following year, the employee must complete a Vacation Request Form and submit it to their immediate supervisor by November 30th of the current year. All Vacation Request Forms will be reviewed by the immediate Supervisor and approval will be based on seniority, classification and anticipated staffing needs. Scheduled vacation that is approved by January 1st will be posted for the upcoming year. 2. UNSCHEDULED VACATION TIME: A Form 25 shall be filled out by the employee and submitted to the immediate supervisor. Based on staffing needs for that time period, unscheduled vacation time will be awarded on a first come- first served basis. 33  3. Each Department may negotiate an MOU covering vacation selection in accordance with Article 3C. If no such agreement is reached, then the parties will revert back to the terms and conditions by this Article. 4. Once a vacation request is approved, it shall not be changed without the written consent of the involved employee. J. Any employee on vacation who is called in for emergency work shall be compensated in cash at double time (2x) in addition to the regular pay for the vacation or be compensated in cash at double time (2x) and take the vacation at a later date. K. An employee's vacation benefit accrual shall be determined by the provisions of Article XXI exclusively. Time previously earned in the employ of the state or any of its political subdivisions is specifically excluded. When calculating vacation benefits, the vacation benefit accrual rate for employees covered by this Agreement shall not include time previously served in the employ of the state or any of its political subdivisions. It is expressly agreed that the contractual provisions contained in this section are intended to modify or replace the application of the statutory provisions set forth in O.R.C. 9.44 and any other statute or administrative regulation related to vacation. This Article shall also modify or replace any subsequent legislative enactments or administrative regulations concerning vacation and in conflict with the provisions of this Article. Employees who have already received accrual rate benefit adjustment as a result of outside employment shall not be affected by this change. L. PURCHASE OF VACATION HOURS: Each member of the AFSCME bargaining unit shall have the right to purchase up to forty (40) hours of vacation time in a 12 month period at their standard hourly rate if the employee has less than 80 hours of vacation time accrued at the time of purchase. Employees wishing to purchase vacation shall do so over 26 pay periods via payroll deduction. Employees must also sign an agreement to reimburse the City for vacation used, but not paid for should they leave the City's employ. ARTICLE 22 HEALTH INSURANCE A. Each permanent full-time employee must be given the opportunity to join the health care plan. The health care plan shall be as set forth in Appendix G. Effective January 1, 2015, employees will pay 10% of the total health care premium, per month for single or family coverage. The employee's out-of-pocket expenses (premiums, deductibles, coinsurance, prescription co-pays, etc.) shall be as established in Appendix G. Employee monthly health insurance contributions shall be capped at $85.00 for a single plan; and capped at $200.00 for a family plan. The terms and conditions contained in Appendix G shall become effective upon execution of this agreement. Appendix G in its entirety shall expire and be of no further effect upon the execution of a successor to this Agreement, or in the event of a strike. 34 B. An employee wishing to make changes because of a qualifying event must notify Risk Management within 31 calendar days of the qualifying event. Failure to notify within said time period will result in the employee having to wait until the next open enrollment period to change the coverage. C. An employee in a non-pay status, who is also enrolled in the health plan, shall have their coverage continue for a maximum of 12 weeks while in that status. During that time, the employee's contribution will accumulate and the amount due will go into an arrears account to be paid back upon their return to work. If the employee chooses to continue coverage after the 12-week period, they must pay the entire premium (i.e. employee's contribution and the City's contribution) to Risk Management in advance of each month of coverage and no later than the last business day prior to the month of coverage. Failure to make timely payment will result in termination of the coverage. If the employee chooses not to continue the coverage or chooses to discontinue the coverage during this time period, they may re- enroll in the health plan upon their return to City service, but not before. This does not happen automatically. The employee must complete a health application within 31 calendar days of their return to work indicating any dependents they want covered and including any supporting documentation required. ARTICLE 23 SICK LEAVE A. SICK LEAVE WITH PAY: Each permanent employee who works full-time will be credited with two (2) hours of sick leave for each week of service with no limit on the amount of sick leave accumulation. Employees who work at least three-fourths (3/4) time but less than full time will be credited with a prorated amount of sick leave. In case of absence without pay during a bi-weekly pay period, full credit will be given if the employee works more than forty (40) hours. One week's credit (2 hours) will be given if the employee works one (1) to forty (40) hours, inclusive, in the pay period. B. EMPLOYEES WITH BREAK IN SERVICE: Any person who re-enters City employment within one (1) year shall be credited with any accumulation of sick leave balance remaining at the end of his previous service. With the exception of military leave, no credit is given if the employee was out of service more than one year. C. Sick leave can be used, with the approval of the department, in any of the following instances: 1. SICK WITH PAY (SWP): Sickness or off-duty injury to the employee himself/herself. Sickness or injury caused by outside employment cannot be charged to SWP. Full-time bargaining unit employees may be granted SWP- MDL (Medical/Dental Leave) not to exceed a total of 24 hours per calendar year for routine medical and dental appointments for the employee or a minor child. To use SWP-MDL, employees must provide a physician’s note to verify the appointment. 35 2. SWP WHILE ON VACATION: An employee who becomes sick and must be hospitalized while on vacation shall be allowed to charge the time to his sick leave if it is available. 3. SWP·FAMILY (SWP-F): SWP-F shall be granted for the reasons spelled out below. For purposes of SWP-F, immediate family is defined as husband, wife, parent, stepparent, parent-in-law, child, sister, brother, grandchild, grandparent, legal guardian, or member of the immediate household. All references to immediate family in this article will include this list of family members. a. Official quarantine - for the duration of the quarantine. b. Illness of Family member - One (1) working day to care for and make arrangements for a sick or injured member of the immediate family. If additional time is needed it shall be granted by the immediate supervisor provided the employee submits written verification by the treating physician regarding the nature of the illness and the length of time off to care for a sick member of the immediate family. c. Spouse leave for childbirth: A spouse shall receive one (1) working day on the day the child is born and one (1) day on the day the child is brought home. If additional time is needed, refer to SWP-F (C.4.c) or utilize family leave act. 4. VERIFICATION FOR SWP AND/OR SWP-F USAGE a. Definitions: 1. Instances: An instance for purposes of this Article is defined as an occasion starting with two (2) or more hours regardless of duration. 2. Physician: For purposes of this Article physician shall mean licensed doctoral level health care provider who is providing the treatment. b. Five (5) or more instances: An employee with five (5) or more instances of SWP, SWP-F, or any combination of the two during the 12 month period beginning and ending with the employee's annual performance rating date, will be required to provide a physician's verification of illness and inability to work, or in the case of SWP-F, provide verification of the illness of the involved family member from an appropriate official including: physician, school principle or designee, licensed day care provider, or other licensed health care professional. Physician's verification must be submitted within 72 hours of the employee's return to work. c. Duration of Instance: If any instance of SWP exceeds three (3) consecutive workdays, the supervisor may ask for a physician's verification. 36  d. Usage of greater than 80 hours: At any time during the 12 month period begi