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HomeMy WebLinkAboutOrdinances Book 16, Page 540, Ordinance Number 68-4-39540 ORDINANCE NO. 68-4-39 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO LOCAL NO. 1586, AND SOME EMPLOYEES OF THE CITY WHO ARE MEMBERS OF THE UNION BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY SECTION 1. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paducah, Kentucky, an agreement with the American Federation of State, County and Municipal Employees AFL-CIO Local No. 1586 and employees of the City who are members of the Union, in words and figures as follows: "A G R E E M E N T "SECTION 1. Parties to Agreement. The parties to this agreement are the City of Paducah, acting by and through its City Commission, hereinafter called "City"; the American Federation of State, County, and Municipal Employees, AFL- CIO, Local 1586, hereinafter called "Union"; and some of the employees of the City who are members of the Union, hereinafter called "Employees". SECTION 2. Period of Agreement. A. The effective date of this Agreement is April 1, 1968. B. In no event shall this Agreement be amended or cancelled by either party until March 31, 1970. C. Either party may cancel this Agreement after March 31, 1970 provided that written notice of intent to cancel or amend the agreement shall be given to the other parties at least three (3) months prior to the final date. SECTION 3. Exclusions. The City Commission cannot and will not abdicate its legal or discretionary authority and responsibility for the operation of the City of Paducah and the supervision of City employees. Nothing in this agreement shall be interpreted as an abdication of said authority or responsibility. SECTION 4. Union Recognition. The City recognizes that some of the Employees wish to have the Union represent them in certain matters affecting their welfare as City employees. Individual employees shall continue to have the right to deal with the City directly. Present employees who are Union members shall maintain their membership and all new members in the hereinafter named departments shall join the union as a condition of employment within thirty (30) days after their employment with the City. This providion however, shall not apply to temporary or seasonal employees. The affected departments are: Street; Sanitation; Park, Recreation and Cemetery; Floodwall; Sewage Disposal, and Maintenance. No Union business shall be conducted on City time. 541 SECTION 5. No strike. The services performed by City employees, are governmental in nature and/or are essential to the administration of the City and to the welfare of the public. A. The Union and the Employees agree that in no event whatsoever will any of the employees covered by this agreement be permit- ted to strike or to cease -the continuous performance of their duties in order to coerce the City in a dispute. B. The Union and the Employees agree that if any City employees cease work of their own volition the City will be free to replace said employees and to continue its normal operations. C. The Union and the Employees agree that in no event whatsoever will any of the Employees picket any of the City premises. SECTION 6. Bulletin Boards. The Union and the Employees shall have access to all bulletin boards for the purpose of posting union and other notices. Such notices shall first be approved by the Department Head. SECTION 7. Applicable Ordinances. The prievance procedure, probationary periods, promotions, lay- offs, seniority, wages, and fringe benefits shall be as set forth in the applicable motions, resolutions, and ordinances of the City, as may be amended from time to time. SECTION 8. Civil Service The City agrees that all employees who are legally eligible should be covered by the Civil Service System, including the Civil Service pension system. The Union agrees to lend its support and influence to the extension of the City's Civil Service system to all city employees. SECTION 9. Fair Treatment. All employees of the City of Paducah will be treated fairly whether or not they are members of the Union. SECTION 10. Pay increases. The City agrees to amend its wage scales to permit an increase for all employees in the affected departments so that each employee, other than supervisors, shall receive an increase of $0.15 per hour base pay from January 1, 1968 until December 31, 1968, and an additional $0.10 per hour from and after January 1, 1969. Those employees in the Floodwall Department, or anywhere else, who are paid a flat salary shall realize an increase of $24.00 per month during the first pariod and an additional $16.00 per month during the second period. SECTION 11. Collection of Union dues 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 employees pay. Upon receipt of such list and authorization, the City agrees to withhold from each union employee the sum of $4.00 at the beginning of each month and to pay the same to the Union Treasurer, on or before the 10th of each month. SECTION 12. Christmas and New Year Holiday The City agrees to grant the employees one-half day or four hours time off with pay on Christmas Eve and on New Year's Eve of each year. SECTION 13. Miscellaneous provisions 542 The City agrees to enforce all motions, resolutions and ordinances now in effect and affecting the parties to this contract, and the City further agrees to amend any motions, resolutions or ordinances in conflict with the following terms, conditions and provisions: A. Workers in the Refuse Department shall not pick up any refuse container exceeding a 32 gallon capacity. Any such container of that size or smaller must be made of metal, have a lid and bottom and have two handles or a bail. Barrels and half -barrels will no longer be acceptable containers. B. Where property is located on an alley, the containers shall be placed adjacent to the alley on days for collection. Where no alley is available, the containers shall be located near the house or building in a location convenient for the collector and the householder or occupant.No regular collections will be permitted from areas constituting a hazard for the collector. C. Employees of the Cemetery Department shall be paid at a double time rate for "call-in" work performed on Sundays. D. Employees of the Parks and Recreation Department shall be paid at the rate of one and one-half times the base hourly pay for all work performed on a week -end that is in excess of 40 hours per week already performed by the employee. This provision shall not apply to seasonal or temporary workers. E. There shall be created in the Refuse Department one position for a relief driver who shall be qualified to operate all equipment. Seniority rules will apply to the selection of a relief driver, provided that the applicant is fully qualified to operate all equipment used by the department. Any applicant accepted for this position shall perform the services of a trial basis for a thirty day period. SECTION 14.' Severability Clause Should any article, section, or portion thereof of this Agreement be held unlawful or unenforcible by any court of competent jurisdiction, such decision of the court shall apply only to the specified article, section 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, section or portion thereof. Entered into at Paducah, Kentucky, this day of April, 1968." SECTION 2. The effective date of said agreement shall be April 1, 1968 and the Board hereby ratifies'and'confirms the'Agreement from said date. SECTION 3. All ordinances and motions heretofore executed by the Board regarding pay scales, that are now in conflict herewith shall be forthwith amended to comply with this agreement. SECTION 4.- This ordinance shall be in full force and effect from and after its adoption. Mayor ' Adopted by'the Board of Commissioners April 11, 1968 Recorded by Sarah Thurman, City Clerk, April 11, 1968.