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HomeMy WebLinkAboutOrdinances Book 17, Page 132, Ordinance Number 70-5-319132 ORDINANCE NO. 70-5-319 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF PADUCAH AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO LOCAL 1586, CONCERNING WAGES AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD FROM APRIL 1, 1970 THROUGH MARCH 31, 1972 BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City Manager be, and he is hereby, authorized and directed to execute a contract between the City of Paducah and the American Federation of State, County and Municipal employees AFL-CIO Local 1586 concerning wages and conditions of , Employment for the period from April 1, 1970 through March 31, 1972, said contract being in words and figures as follows: "C O N T R A C T "THIS AGREEMENT made and entered into this day of _ 1970, by and between the CITY OF PADUCAH, hereinafter referred to as the "City", and the AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO LOCAL 1586, hereinafter referred to as the "Union", W I T N E S S E T H PREAMBLE It is the intent of the parties that this contract constitute the complete agreement between the parties hereto, and that it shall remain in effect except as hereinafter amended, altered or modified, and that no additions, waivers, deletions, changes or amendments shall be made during the term of this contract except by written agreement of the parties. It is understood that no incident which occurred prior to the date of this contract shall be the subject to complaint under any of the procedures provided in this contract. DEFINITIONS I. "City" As used herein the term City shall mean the City of Paducah and/or its governing body, the Board of Commissioners. 133 2. "Union" As used herein the term Union shall mean the American Federation of State, County and Municipal Employees, AFL-CIO, Loca; 1586 and/or its officers and executive board. 3. "Employees" As used herein will mean any member of the bargaining unit. ARTICLE II RECOGNITION 1. The City agrees to recognize the Union as the exclusive bargaining agent for the purpose of collective bargaining in the settlement of disputes which may arise concerning wage rates, working conditions, hours, dismissals, discriminations or other conditions of employment, provided that nothing herein shall be construed to prevent any aggrieved employee or employees from sending grievances directly to the City. 2. The parties do -hereby agree that the unit appropriate for such bargaining purposes shall consist of the Sanitation or Refuse Department, Public Works Department, Cemetery Department, Floodwall Department, Sewage Disposal Department, and Maintenance Department of the City. 3. The City agrees not to discriminate against any employee because of union membership or union activity, and the Union agrees not to solicit for membership, collect union funds, nor engage in other union activity on city time unless specifically provided for in this contract. ARTICLE III DURATION The effective date of this Agreement shall be April 1, 1970, and it shall remain in force until March 31, 1972. It shall be renewed automatically for two year periods thereafter unless either party notifies the other in writing at least three months prior to the expiration date that it desires to terminate or modify the pro- visions of this contract. ARTICLE IV VACATIONS 1. An employee filling a permanent position must complete six months of employment with the City to obtain initial vacation eligi- 134 bility, after which time vacation time will be credited retroactive to the date of employment at the rates hereinafter set out. After obtaining vacation eligibility, an employee may take vacation as may be reasonably scheduled with his department head as hereinafter set forth, or in the case of a department head, as scheduled with the City Manager. 2. Vacation time shall be computed at the rate of one and one-fourth (14) days of vacation for each month of employment with the city; and an employee may accumulate up to a maximum of twenty- one (21) days of vacation at any one time. 3. Each Department Head shall prepare a schedule of vacations for the entire year indicating how many employees may be gone from work within the department at any one time, and requests for vacations shall be applied for on a basis of seniority within one month after the date of this contract and hereafter during the month of January of each year. Accrued time not originally applied for may be taken with the approval of the department head at any time. ARTICLE V HOLIDAYS 1. The following are recognized holidays: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Eve Christmas Day New Year's Eve If any of the above holidays fall on Sunday, Monday shall be recognized as the holiday. If any of the above holidays fall on Saturday, the preceding Friday will be recognized as the holiday. 2. Employees will be paid for recognized holidays not worked in an amount equivalent to eight times the employee's regular hourly rate or the equivalent of one day's pay. Employees who are required to work on a recognized holiday shall be further compensated at one and a half times their striaght time hourly rate. ARTICLE VI HOURS OF WORK 1. The payroll week shall consist of seven days extending from mid -night Sunday to mid -night Sunday the following week. 2. The normal work week shall be Monday through Friday. 3. The normal work day shall consist of eight hours work. 4. The normal work week shall be forty (40) hours of work time. 5. No employee will be required to work through the lunch hour, except that any employee so required to work through the lunch hour will be paid one and one-half times the employee's straight time hourly rate, provided however, that an employee's lunch hour shall not be deemed passed until he has been working on his job for a period of five and one-half hours. No employee shall be forced to take an early time off to compensate him for the time worked during the lunch period. WAGES 1. Effective on April 1, 1970, each employee's wage in the bargaining unit shall be an amount equal to twenty-five cents ($0.25) per hour more than the straight time hourly rate paid or authorized for the same position on March 31, 1970. Salary increases shall be computed on an equivalent basis. 2. Effective May 1, 1971, and notwithstanding other provisions of this contract to the contrary, the question of wages may be reopened for negotiations of an appropriate amount for the remainder of the contract period. 3. Employees who work more than eight hours in any twenty-four hour period, or who work more than forty hours in any one payroll week, shall be paid one and one-half times the straight time hourly rate for all excess hours worked, and except for sewage treatment plant employees, employees who work on Saturday shall be paid for such work at one and one-half times their regular pay, and employees who work on Sunday shall be paid at a double time rate. Said treatment plant employees shall be paid at 1'k times their regular pay on the sixth consecutive day worked and 2 times said pay on the seventh consecutive day so worked. 4. There shall be no discrimination between men and women in the application of the wage schedule. 5. Nothing in this contract shall effect the wages of employees filling a temporary or seasonal position who are employed by the City for less than nine (9) months during a twelve (12) month period. ARTICLE VIII COLLECTION OF UNION DUES 135 136 The Treasurer of the Union shall furnish the Treasurer of the City, from time to time, a list of all members of the union, together with some signed and written authorization of the employees permitting the City to withhold union dues from the employee's pay. On receipt of such list and authorization, the City agrees to withhold from each union employee the sum of $5.00 at the beginning of each month and to pay the same to the Union Treasurer on or before the 10th day of each month. ARTICLE IX NO STRIKE 1. It is agreed and understood that the services performed by the employees are governmental in nature and that they are essential to the health, safety and welfare of the community. 2. The Union and the employees agree that in no event whatsoever will any of the employees be permitted to strike or to cease or deliberately slow down the continuous performance of their duties in order to coerce the City in a dispute. 3. The Union and the employees agree that if any employee ceases work of his own volition, or at the direction or sanction of the Union, or for any reason whatsoever, the City may replace said employee or employees and continue normal operations. 4. The Union and the employees of the union agree that in no event whatsoever will the employees picket any of the city premises covered by this contract or which are directly managed by the Board of Commissioners of the City. 5. Article IX shall not apply to Article VII, sub -paragraph 2. ARTICLE X SICK LEAVE 1. Employees will be entitled to accumulate up to and including ninety (90) days sick leave. Employees shall receive one and one-half sick days for each month worked after having been employed by the City more than six months, after which sick leave shall be credited from date of employment. When an employee retires or dies he or his surviving spouse or his designated beneficiery shall be paid an amount equivalent to one day's regular pay for all the sick days he has accumulated over fifty (50) days at the tine of retirement or death. 137 2. In the event of a death in the family of an employee, the employee will be excused from work for a period of three (3) days beginning with the day of death and ending with the day after the funeral, and the employee may be paid for such three (3) days by taking credit for accumulated sick leave, but any other time taken during such period shall be deducted from accrued vacation, or as may be authorized for advanced vacation. "Family", in this instance shall include the spouse and all lineal and lateral relations of the employee or spouse, any dependent of the employee or any guardian or blook relative which had the primary responsibility of raising the employee or spouse during childhood. 3. Sick leave shall be otherwise granted as set forth in existing ordinances. ARTICLE XI GRIEVANCE PROCEDURE 1. if an employee is dissatisfied with the disposition of a request or complaint, the first step in his grievance procedure shall be to present such grievance to his foreman or department head, whichever is his immediate supervisor. It is advisable to have a union repre- sentative present at this confrontation and that it be heard as soon as reasonably possible. Unless a settlement is reached within one day, such grievance may be presented in writing to the department head as soon as reasonably possible. whenever a written grievance is submitted to the department head, a decision in writing will be presented within two days to the party submitting the grievance. 2. Whenever a grievance is not satisfactorily settled in the first step, an appeal may be taken by serving a copy of the written grievance and answer, together with a written statement of the reasons for an appeal, to the City Manager. The time for taking an appeal shall be before 5 o'clock p.m. on the seventh day following the date of receipt of the written answer of the department head. All appeals will be answered in writing not more than four days after receipt of an appeal, and the City Manager may decide any appeal with or without benefit of a hearing. The City Manager may in any appeal designate and appoint a representative to hear and/or decide an appeal, but all such designations shall be specific as to period of time covered or appeal to be considered. 138 3. Grievances not satisfactorily settled in the second step may be appealed to the Board of Commissioners by filing a statement of appeal with the City Clerk not later than,5 o'clock p.m. on the seventh day following receipt of the City Manager's written -'opinion regarding the grievance. The statement of appeal shall set forth in numerical order all reasons or grounds for the appeal and a statement of the relief sought. A true copy of all previous written documents involved in the action shall be attached to the statement of appeal and made a part thereof. All such appeals shall be heard by the Commission at the next regular or called meeting of the Board or at such other time as may be fixed by the Board and agreed to by all sides to the issues involved. The judgment and order of the Board of Commissioners shall be final and binding, subject to any rights of judicial review which the employee may have. 4. The City will recognize any of the following properly certified union representatives for the purpose of representing employees in any matter as specified in this grievance procedure: The Union President, steward, and any member of the executive board of the local union. 5. Any aggrieved employee shall have the right to be represented by a union representative in all steps of the grievance procedure, and any three designated certified union representatives may be present at any hearing conducted during step two and all certified union repre- sentatives may be present during any hearing conducted pursuant to step three in this grievance procedure. 6. Employees thus duly certified and recognized as union repre- sentatives shall report to and obtain permission from their foreman when it becomes necessary for them to leave their work for the purpose of handling a grievance, and they shall inform their foreman of their intended destination and itinerary, and they shall report back to the foreman at the time they return to work. Upon request, a union representative may be granted use of the telephone at reasonable times to handle grievances. No certified union representative may be excused from work for more than two hours at any one time when handling a grievance without loss of pay, when such procedures occur during normal working hours. 139 7. Any grievance not taken up with the employee's immediate supervisor within ten days, exclusive of any excused absence, after knowledge of the occurrence from which the grievance arose, shall not thereafter be processed through the grievance procedure. In the calculation of all time limits under this grievance procedure exclusive of those involving seven days, shall exclude Saturdays, Sundays and holidays, provided, however, that in the event any appealable order is issued on a Saturday, Sunday or holiday, no time period shall begin to run until'the first work day following such Saturday, Sunday or holiday. 8. Certification of union representatives shall be made in writing to the City Manager signed by the Union President and Secretary. All changes shall be immediately certified. ARTICLE XII MISCELLANEOUS 1. A safety advisory committee shall be established consisting of six members, three to be selected by the City and three to be selected by the Union. Meetings will be held monthly as determined by the committee. Their duties shall be to make recommendations to the City for changes or improvements of safety. The City will continue to make provisions for the safety and health of employees while at work. 2. The City will permit vending machines to be installed in the Public Works Department for the benefit of employees. 3. The employee who is called in by the City to perform work outside of his regular shift shall be paid for not less than four (4) hours. 4. No person shall be employed by the City for employment in a civil service position who is under the age of 18 years or who is over the age of 45 years, or who is not otherwise eligible for civil service at the time of employment. 5. All statutes of the Commonwealth of Kentucky pertaining to civil service in cities of the second class shall be incorporated by reference as a part of this contract and shall have the same effect as if adopted in their entirety herein, and all city ordinances supplementing the statutes of the Commonwealth of Kentucky pertaining to civil service shall also be incorporated by reference herein. 140 6. The number of sick days and vacation days credited to each employee shall be posted by the City on a bulletin board which is available to the employees once each three months. 7. Whenever practical the city shall place tops and windshields on equipment to protect employees from adverse weather conditions. B. The City will provide -the President of the union with a copy of the city's personnel roster each time a-new.roster is prepared, but not less than once each six months. 9. The union and the employees shall have access to all bulletin boards for the purpose of posting union and other notices. 10. Group life insurance will be.made available for -all employees in amounts up to $10,000.00 -for which the.city will pay one-half of the premium. 11. The Union shall furnish the City with a roster of its members and their addresses at least once each six months. 12. Supervisory personnel shall not do non -supervisory work which will deprive employees of jobs regularly performed by them. This does not prevent such supervisory personnel from performing necessary functions, such as instruction or assistance to an employee, providing the assistance rendered does not displace the person doing the work, or from operating equipment or processes in emergency or for experimental purposes. 13. Modern bathroom facilities shall be provided for all employees in all departments. 14. Employees who regularly operate tractors with over 30 H.P. shall be included in the Equipment Operator classification, and whenever available an operator shall operate such equipment. 15. All employees in the Refuse Department shall be provided uniforms by the City of Paducah on an individual basis. Uniforms should only be furnished if desired by an employee. 16. Employees who work on the evening shift shall receive a shift premium of $0.10 per hour for work performed on the evening shift. ARTICLE XIII ARBITRATION I. A special grievance procedure involving binding arbitration shall be adopted for all non -civil service employees to be used in cases 141 involving a reduction in pay, a demotion, a suspension, or a dismissal. 2. A grievance by a non -civil service employee involving one of the actions specified in paragraph one (1) above shall first be brought to the City Manager in writing with a statement of the cause of the grievance and why the action taken was unjust. The time for filing the grievance and the action to be taken by the City Manager shall be as set forth in paragraph two (2) of Article XI herein. 3. The grievance not satisfactorily settled by the City Manager may be appealed to the Board of Commissioners as set out in numerical paragraph three (3) of Article XI herein, except as such numbered section provides for a final decision. 4. In the event the aggrieved employee is not satisfied with the action taken by the Board of Commissioners, said Board shall prepare a statement setting forth its findings of fact, its conclusions, and an order based on such findings and conclusions. A copy of the foregoing, together with all other documents and exhibits filed for or with any hearing shall be gathered together to make a record for an appeal to a board of arbitration which shall be made up and function as follows: (a) One member shall be selected by the employees and one -member shall be selected by the City. Said two members shall, within one week thereafter, hear the grievance and make their written recommendation to the City; or if they cannot agree they shall report such fact, and they shall also report either the name of a third member for their panel or report that they cannot agree upon a third member for their panel. (b) If, at the end of said one week the priginal two members have reported that they cannot agree on a recommendation and that they cannot -.agree on a third member for their panel, a member of the American Arbitration Association shall, within one week thereafter, appoint a third member for the panel. Any expense incurred by the appointment of a third member of the panel shall be shared equally by the City and the Union or the employee. (c) The three member panel shall again hear the grievance forthwith, or as soon as reasonably possible after the panel has been selected, and the panel shall submit a written recommendation to' the City within fifteen (15) working days after the hearing. (d) Adecision recommended and signed by two members of the panel shall be binding on all parties.: 142 ARTICLE.XIV REQUIRED UNION MEMBERSHIP' Present employees who are union members shall maintain their membership and all new employees in the departments covered by the contract shall join the union as a condition of employment within thirty (30) days after their employment with the City. This provision, however, shall not apply to temporary or seasonal employees who are employed by the City for less than nine (9) months during a twelve month period, and to supervisory personnel. ARTICLE XV EXCLUSIONS The City cannot and will -not -abdicate its legal or discretionary authority and responsibility for the operation of its government and supervision of the employees. Nothing in this agreement shall be interpreted as an abdication of said authority or responsibility. ARTICLE XVI SEVERABILITY Should any article, paragraph or portion thereof if this con- tract be held unlawful or unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the . specified article, paragraph or portion thereof as directly specified in the judgment, and upon issuance of such a judgment, the parties hereto agree to negotiate a substitute for the invalidated article., oaragraph or portion thereof. IN WITNESS WHEREOF, the City herewith executes this contract by and through its duly authorized Oity.Manager and.the Union executes this contract by and through its duly authorized President, -on this the day of 1970. CITY OF PADUCAH, KENTUCKY AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL UNION AFL-CIO No. 1586 By Larry E. Thomas, City Manager By MEMORANDUN OF UNDERSTANDING This memorandum of understanding pertains to the contract dated 1970 between the City of Paducah and the American 143 Federation of State, County and Municipal Employees AFL-CIO Local 1586. George Meadows, who is presently filling the position of Dog Warden shall be considered a part of the bargaining unit for all purposes of the contract except that the provisions of the contract pertaining to hours of work, called in work and overtime pay for Saturdays and Sundays shall not be applicable to said position. It is agreed and understood, however, that George Meadows shall be paid one and one- half times his regular rate of pay for all work in excess of eight (8) hours in any one day or forty (40) hours in any payroll week. Dated the day of , 1970. SECTION 2. All ordinances and parts of ordinances in conflict herewith are, to the extent of such conflict, hereby amended or repealed. SECTION 3. This ordinance shall be in full force and effect from and after its adoption. Mayor Passed by the Board of Commissioners May 10,1970 Recorded by Sarah Thurman, City Clerk, May 10, 1970.