ORDINANCE NO.:
2016- 39
INTRODUCED BY:
MAYOR TOGLIATTI
AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT
WITH AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES LOCAL 2339 AND OHIO COUNCIL 8 (AFSCME)
WHEREAS, the City and representatives of the American Federation of State
Municipal Employees Local 2339 and Ohio Council 8 ( AFSCME) (
the
Union") have negotiated a Collective Bargaining Agreement (° Agreement")
to operate
from January 1, 2016 through December 31,
County
and
2018 which has been accepted by both
parties; and
WHEREAS, said Agreement covers the terms and conditions of said employees'
employment by the City; and
WHEREAS, said Agreement shall replace any and all salary compensation levels
and benefits effected through prior ordinances passed by Council; and
WHEREAS,
the City and the Union have previously entered into Letters of
Understanding that shall hereby continue to remain valid and be unaffected by the
execution of the Agreement;
NOW,
THEREFORE,
BE
IT
Independence, State of Ohio, that:
ORDAINED
by the Council of the City of
Section 1.
The Mayor is hereby authorized to execute the Agreement,
substantially in the form attached hereto, between the City and the Union, as collective
bargaining
representative of the employees of the American Federation of State County
Municipal Employees Local 2339 and
Ohio Council
and
8 ( AFSCME). The Letters of
Understanding previously entered into by the City and the Union shall continue to
remain valid and unaffected
by the
execution of the. Agreement.
The Agreement shall
constitute the complete employment contract between the City, the Union and said
employees.
Section 2.
Upon execution of this Agreement by the City, the Finance Director
is hereby authorized and directed to make payment of the wages and benefits to the
employees of the American Federation of State County and Municipal Employees Local
2339
and
Ohio Council 8 (AFSCME), as set forth-in said Agreement.
Section 3.
effective retroactive
The provisions of this Ordinance and said Agreement shall become
to
January 1, 2016.
Section 4.
Any other ordinance in conflict with the provisions of the Agreement
approved hereby, as it pertains to the aforementioned employees of the American
Federation of State County and Municipal Employees Local 2339 and Ohio Council 8,
AFSCME), is hereby repealed.
Section 5.
This Ordinance provides for the usual and ordinary operation
Service Department. Wherefore, this Ordinance shall take effect and be in force
of the
at the
earliest time allowed by law.
Introduced:
April 12, 2016
First
April 12, 2016
Reading:
Passed:
Ap R
A0l( P
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64, 1L,rtato:
4:
1,
Anthony L., 6gJiafti, M
r
Attest:
throi.
Debra J. Beal,
q&
L—
bev(
k of Council
CERTIFICATE OF POSTING
f, tete undersigned, dark of the CIty
O do, hereby certify
thp foregoing
1"
was ported on the
of
/..
In. •
on•
• ,
4
day of :
and for the period of fifteen days thereafter, by duly
posting true copies thereof in three of the most public
places within tits City, being the same as determined and
wend by Cou
S/ I'
CLEM
Barone, Donna
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Gregory J.
From:
O' Brien,
Sent
Monday,
To:
Barone, Donna
a
March 21, 2016 8: 38 PM
Subject:
FW: AFSCME Contract
Attachments:
AFSCME Appendix A.pdf
8
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From: Lisa Zamiska [
mailto: zamiskalt
independenceohio. orq]
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Sent: Monday, March 21, 2016 1: 52 PM
To: O' Brien, Gregory].
Subject: AFSCME Contract
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Hi Greg-
to
I' ve attached a draft of the legislation regarding the AFSCME contract. I have also attached the documents Joe compiled
as
Appendix A.
4.0
Please let me know if there is anything else you need from me.
Thanks
Lisa J. Zamiskato
Director of Human Resources
A
City of Independence
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6800 Brecksville Road
Independence, Ohio
216- 524- 4131,
ext.
44131
2240
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EMPLOYEES)
CITY OF INDEPENDENCE AND AFSCME, LOCAL 2339( SERVICE DEPARTMENT
TENTATIVE AGREEMNT REACHED JANUARY 14, 2016
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1.
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ARTICLE 13( GRIEVANCE PROCEDURE)
Section 13. 02(
Step 4)— Revised last
sentence
as follows:" If
such agreement
is
not
reached, the Union will request a list of seven( 7) arbitrators from the Federal Mediation
and Conciliation Service( FMCS) and the parties will select one by the alternate strike
a
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method.
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2.
ARTICLE 14( HOURS OF WORK)
Section 14. 01— Add the
following
sentence: "
However, dependent
on
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operating
c''•
to work
by management, employees may be
four( 4) consecutive days of ten (10) hour shifts during the period starting at 12: 01 AM
requirements as
determined
scheduled
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Sunday to Midnight Saturday."
3.
Article 17( OVERTIME/ PREMIUM)
Section 17. 05( New)—"
During
the four( 4)
consecutive months of(
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December through
March) employees who are assigned by management to" Snow Removal Shifts", defined
as approximately from 4: 30 AM through 1: 00 PM or approximately from 10:00 AM
through 6: 30 PM, will receive a premium of$ 1. 50 per hour for all
hours
those shifts."
4.
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Article 23( SICK LEAVE)
Revise Section 23. 01 from 1' A days to" 10 hours".
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2 hours".
6
03
ARTICLE 29( CHANGES AND CLOTHING ALLOWANCE)
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Revise Section 23. 06 from%
day to"
CDL.
Delete Section 23. 09.
5.
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worked on
Section 29. 02—
10
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Increased the annual uniform clothing allowance from$ 400 to$ 500.
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6.
Article 30( HOSPITALIZATION INSURANCE)
7.
ARTICLE 33( COMPENSATION SCHEDULE)
Section 30.03( See attached language and Appendix H Attachment)
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Section 33. 01
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2016
2017
2018
1Y%
1%
3%
approval.
stipend
2017
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2
Stipend$ 500)
Stipend$ 500)
Note: 2016
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to be paid
stipend
to be
as soon as practicable upon
paid
in two( 2)
equal
Union ratification
installments
of$
250
and
Council
each on or about
June 1, 2017 and December 1, 2017.
Note: See
attached
Letter
Understanding IX( Appendix I). Delete
of
current
Letter
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of
Understanding IX( Appendix I).
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Section 33.02
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2016
2017
2018
2Y.%
2%***
3%
Note: Effective 1/ 1/ 17 Tier 2 is
Note: See
attached
Letter
of
eliminated and
becomes
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same as
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Tier 1.
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Understanding IX( Appendix I). Delete Current Letter of
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Understanding IX( Appendix I)
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Section 33. 03—
Top hourly
rate shall
be 10% less than the same classification in Tier 1
Section 33. 01) and the steps shall be adjusted to reflect the same.
Section 33. 04— Revised as follows:" In addition to the base hourly wage rate, employees
in the following classifications of Automotive Mechanic; Vehicle/ Equipment Body
Mechanic; Maintenance Person( 1) and Maintenance Person( 2) will receive an
15 per hour for each certification that they receive and maintain. The lists
of approved certifications are set forth in Appendix J. Management may revise Appendix
additional$.
J as it deems appropriate. It will be the responsibility of each employee to maintain his
certification(s) in good standing and notify management of same. ( See attached
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Appendix J)
Note: See
attached
Letter of
Understanding IX( Appendix I). Delete
current
Letter
of
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Understanding IX( Appendix( I).
8.
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Article 45( SUBSTANCE ABUSE( DRUG FREE WORKPLACE POLICY))
See
attached
language. Note: Current Letter
of
Understanding IX( Appendix I)," Consent
Form", will be deleted and incorporated into Article 45.
9.
ARTICLE 46( DURATION OF AGREEMENT)
Section 46. 01—
3 years effective January 1, 2016 through December 31, 2018.
10. Article 47( Execution)
Section 47. 01—
Revise names, dates and Ordinance NO. as appropriate.
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ARTICLE 30( Hospitalization Insurance)
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30. 03
Employee
contributions
for
calendar year
2016
are contained
in Appendix H. If the city- wide
joint medical/ hospitalization committee recommends revisions and said revisions are approved by
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Council and the Union' s membership during the term of the Agreement, Appendix H shall be so revised.
For the term of this agreement, if the city-wide joint medical/ hospitalization committee is unsuccessful
in accomplishing its
goals,
approved or accepted
falls to
by the
make recommendations or makes recommendations
Union' s membership
or
by City
Council, the Union
and
that
the
City
are not
shall revert
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to the normal negotiations process.
Employee contributions/ costs shall be paid through automatic payroll deductions.
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SEE ATTACHED APPENDIX H)
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APPENDIX H
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LETTER OF UNDERSTANDING VIII
through Medical
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developing a
comprehensive wellness program is essential in an effort to help to mitigate escalating
a
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Beginning January 1,
2016, the
medical
insurance
will
be
administered
Mutual.
The
City and
union
jointly
agree
that
investing in
employee' s wellness and
healthcare costs. Therefore, it is agreed that employee contributions for those
employees and
their
spouses ( for employees with a
family
plan) who elect
to
participate
in the City's wellness plan shall be as follows and effective January 1, 2016:
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H S A
Navigator Plus
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WITH WELLNESS
FAMILY
SINGLE
FAMILY
SINGLE
EMPLOYEE CONTRIBUTIONSe
6. 0%
of
48. 00*
18. 00*
Premium)
$
48. 00*
18. 00*
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For
employees and spouses ( for employees with a
family
plan) who elect not
to
participate in the City's wellness plan, their employee contributions shall be as follows
and effective
January 1,
2016:
EMPLOYEE CONTRIBUTIONS
15. 0%
of
SINGLE
FAMILY
47. 00*
127. 00*
FAMILY
SINGLE
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H S A
Navigator Plus
NO WELLNESS
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Premium)
$
47. 00*
$
127. 00*
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47.
The
NOTE:
employee contribution amounts above are per
pay for 26 pays in the
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calendar year.
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Employee
contributions/ costs shall
be
paid
through
automatic payroll
deductions.
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For the City
For the Union
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Howard
Joseph F. Lencewicz
Brittney C.
Labor Relations Representative for
AFSCME Staff Representative
The
City
of Independence
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TheCtyf
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Indepen1ence
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DRUG- FREE WORKPLACE POLICY
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Policy
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Supersedes All Previous Policies
Year: 2015
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STATEMENT OF POLICY
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The
fostering the
any
Independence is
City of
City
well-
being
and
Independence
of
with these
health
To
accomplish
the
its
of
employee
substances present
workplace.
committed to
body,
missions of
drugs
uses
the
a safe work environment and
That
employees.
illegally
in his/ her
providing
or alcohol on
or possesses,
City' s
is jeopardized
commitment
the job,
distributes,
respective
comes
or sells
departments,
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to
1
when
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to work
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F.
drugs in the
a
Drug- Free
Workplace must exist. It is the intent of the City Of Independence to comply with all Federal
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and State laws and regulations that govern the establishment of a Drug- Free Workplace.
Therefore, the
1.
It is
City
2.
established
City Policy for any
a violation of
illegal drugs
It is
Of Independence has
City
Policy for
employee
in the illegal
or otherwise engage
a violation of
the
anyone
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following Policy:
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to possess, sell, trade, or offer
use of
to report to
drugs
or alcohol on
work under
for
sale
the influence
of
illegal
drugs or alcohol-that is, with illegal drugs or alcohol in his/ her body.
3.
on
official
their person, in their vehicles (shall
duties), or stored
in any
open container of alcoholic
illegal drugs
the
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No
or
the
manner on
beverages. No
not,apply to Police Officers engaging In
City property
or unauthorized
employee shall exhibit evidence of
consumption of an alcoholic
performance of
illegal drugs
beverage
about
their
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their
to work
6.
It is
a violation of
City Policy for
nothing in this
Policy
Any
violating this
employee
precludes
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in
o
person while
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their duties.
employee shall report
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the use of
having
consumed
any
substance
that may adversely
affect his or her performance or safety or the safety of others.
5.
VI
No employee shall possess, use or abuse controlled substances. No employee shall
have
4.
u
o
the job.
anyone
the
to
use prescription
appropriate use of
Policy is
subject
to
drugs
legally
disciplinary
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illegally. ( However,
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prescribed medication.)
action
up to
and
including
a
termination. Possession of illegal controlled substances may result in criminal
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prosecution.
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It is the responsibility
the
of
City' s
Department Heads or Supervisors to counsel employees
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whenever they see changes in performance or behavior that suggests an employee is under the
influence of alcohol or other drugs. Although it is not the Department Head' s or Supervisor' s
job to diagnose
employees
to
the Department Head or Supervisor
personal problems,
help
seek
and advise
them
about available resources
should encourage such
for getting
help.
Everyone
shares responsibility for maintaining a safe work environment and co-workers should
encourage anyone who uses alcohol or other drugs in the workplace to seek help.
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The goal of this Policy is to balance our respect for individuals with the need to maintain a safe,
drug- free
productive, and
those
it,
who need
while
sending
a clear message
helping hand
Policy
is to
offer a
that the illegal
drug
use and alcohol abuse are
The intent
environment.
of
this
2
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to
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incompatible with employment at the City Of Independence.
As a condition of continuing employment, employees must abide by the terms of this Policy,
and must notify the City Of Independence in writing of any conviction or a violation of a
criminal drug statute no later than five calendar days after such conviction.
At the time the
City
to any individual, the
grants employment
offer of employment shall
be
P.
conditional. In addition to any other conditions that may be imposed upon the offer of
employment, the offer of employment shall be conditioned upon the successful passage of a
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drug screen. Any applicant with a confirmed positive test result will be denied employment.
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The
City
will provide
drug
and alcohol awareness
information to
all employees.
This
will
include
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the Drug-Free Workplace Policy on drug and alcohol abuse, information on the magnitude and
dangers
of
drug
and alcohol abuse, and
the availability of local community
resources
through
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an employee assistance program.
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The City Of Independence has adopted testing practices to identify employees who use illegal
drugs either on or off the job. It shall be a condition of continuing employment for all
employees
to submit to
drug testing
under
the
following
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circumstances.
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All
City
employees
position; will
who hold a_CDL or who work for the City in a safety sensitive
be. subject to
random
drug testing:
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When there is reasonable suspicion to believe that an employee is under the influence
of alcohol or
illegal drugs:
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and/ or
When employees are involved in on the job accidents where personal injury or damage
to company property
employee
is
under
occurs
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or there is reasonable suspicion to believe that the
the influence
of alcohol or
illegal drugs
either
due to the
nature of
a
the accident or otherwise; and/ or
As part of a follow-up program to treatment for alcohol or drug abuse.
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The testing process for alcohol and drugs, including collection, laboratory analysis and medical
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review, shall meet all applicable Federal and State standards.
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No employee shall refuse to submit to a medical examination or a drug/ alcohol test or attempt
to manipulate the testing process. A refusal to test will be considered a violation of this Policy
and
is
subject
to
disciplinary
action,
up to
and
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including termination.
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City2
The
en
of
Indepen1ence
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AKNOWLEDGEMENT/ CONSENT FORM
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Pursuant to The
City of
Independence'
s
Drug- Free Workplace Policy,
I
agree
to have a urine ( or
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blood/ hair if necessary) test to detect drugs and/ or a breathalyzer test to detect alcohol. I
agree
that the results of this test may
be
released to
The
City of
Independence. I understand
that failure to sign this consent, failure to cooperate in the testing process, or a positive test
result is violation of The City of Independence Drug-Free Workplace Policy, and The City of
Independence may take such disciplinary or other measure which, in its sole discretion, it
a
deems appropriate, one of which may be the immediate termination of my employment,
without severance pay. I acknowledge that I have received a copy of The City of
Independence' s Drug- Free Workplace Policy.
Print Full Name
cU
Date
Signature
Date
Witness
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APPENDIX I
U-
LETTER OF UNDERSTANDING IX
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During the 2015- 2016 negotiations the parties concluded that overpayments for" certifications" as
contained in Article 33( Section 33. 04) of the CBA were made to certain bargaining unit employees over
to satisfactorily resolve this matter the Union and the
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hourly rates as negotiated effective January 1, 2016 for all
employees, including currently approved additional certification hourly rates effective January 1,
2016, if any are applicable.
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the course of
several contractual periods.
In
order
City mutually agreed to:
1.
The City will forego the overpayments.
2.
The
3.
Management will establish a list of" approved" certifications and communicate them to
City
will
implement the"
correct"
employees. It will be the responsibility of each employee to maintain his certification( s) in good
standing and notify management of same.
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For the City
For the Union
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Joseph F. Lencewicz
Brittney C. Howard
Labor Relations Representative
AFSCME Staff Representative
City
of Independence
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APPENDIX J
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Maintenance Person 1& 2
CDL Endorsements:
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H: Hazmat
Authorizes driver to drive a vehicle transporting hazardous materials in an amount
requiring placarding
P: Passenger
Authorizes driver to drive vehicles designed to transport 16 or more passengers,
including the driver
N: Tanker
Authorizes driver to drive tank vehicles
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X: Tanker/Hazmat
Authorizes driver to drive tank vehicles and hazardous materials in a quantity requiring
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placarding
Class A
Class A license is
required
to drive any
combination of vehicles with a combined gross
vehicle weight rating of 26,001 pounds or more, if the gross vehicle weight rating of the
vehicle or vehicles
being
towed is in
excess of
10, 000
pounds.
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APPENDIX J
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Auto Mechanic
ASC Certifications
Automotive Tests
Al Engine Repair
A2 Automatic Transmission/ Transaxle
A3 Manual Drive Train
and
Axles
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A4 Suspension and Steering
A5 Brakes
A6 Electrical/ Electronic Systems
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A7 Heating and Air Conditioning
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A8 Engine Performance
A9 Light Vehicle Diesel Systems
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Medium Heavy
Duty
Tests
T1 Gasoline Engines
T2 Diesel Engines
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T3 Drive Train
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T4 Brakes
T5 Suspension
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and
Steering
T6 Electrical/ Electronic Systems
T7 Heating, Ventilation
and
AC
18 Preventative Maintenance and Inspection ( PMI)
Specialty Test
X1 Exhaust Systems
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