HIGHWAY DEPARTMENT LABOR AGREEMENT BETWEEN JEFFERSON COUNTY AND

HIGHWAY DEPARTMENT LABOR AGREEMENT BETWEEN JEFFERSON COUNTY AND JEFFERSON COUNTY EMPLOYEES UNION LOCAL 655, AFSCME, AFL-CIO January 1, 2006 December 31, 2007 TABLE OF CONTENTS ARTICLE I - Recognition .................................................................................................................... 1 ARTICLE II - Management Rights....................................................................................................... 2 ARTICLE III - Grievance Procedure ................................................................................................3-4 ARTICLE IV - Probation and Seniority ...........................................................................................4-6 ARTICLE V - Vacation ....................................................................................................................6-7 ARTICLE VI - Holidays ...................................................................................................................... 8 ARTICLE VII - Sick Leave With Pay ............................................................................................8-10 ARTICLE VIII - Leave of Absence Without Pay .........................................................................10-11 ARTICLE IX - Retirement and Terminal Pay....................................................................................11 ARTICLE X - Union Activity - Fair Share Agreement.................................................................11-12 ARTICLE XI - Insurance ..............................................................................................................12-13 ARTICLE XII - Hours of Work & Rules of Job Classifications........................................................................14-15 ARTICLE XIII - Safety ......................................................................................................................16 ARTICLE XIV – Military Leave ..................................................................................................16-18 ARTICLE XV - No Strike ............................................................................................................18-19 ARTICLE XVI - Conditions of Agreement........................................................................................19 ARTICLE XVII - Waiver of Rights - Duration - Reopen ................................................................. 20 i APPENDIX A - Schedule of Job Titles, Hourly Wage Rates (2006 - 2007) ...............................................21-22 APPENDIX B - Vacation Computation ............................................................................................23 i AGREEMENT Between JEFFERSON COUNTY HIGHWAY DEPARTMENT and JEFFERSON COUNTY EMPLOYEES UNION LOCAL 655, AFSCME, AFL-CIO This Agreement entered into this 1st day of January, 2006 by and between JEFFERSON COUNTY and/or its successors, hereinafter referred to as the "Employer" or "County", and the Jefferson County Municipal Employees, AFL-CIO, hereinafter referred to as the "Employee" or "Union". WHEREAS, the mutual interest of the Employer and the Employees is recognized by this Agreement for the operation of the various departments, under methods that will promote safety to the equipment and personnel, and the protection of property. It is the desire of both parties to this Agreement to maintain the existing harmonious relationships between the Employer and the Employees, to promote cooperation and understanding between the parties, and to promote the morale, well being and security of the Employees. We the undersigned contracting parties therefore set forth the following as our will and agreement. ARTICLE I - RECOGNITION 1.01. The County hereby recognizes the Union as the exclusive collective bargaining representative of all Highway Department employees except the Commissioner, the Superintendents, the Director of Accounting, Shop Superintendent and supervisory, confidential or executive employees, for the purposes of conferences and negotiations with the County or its lawfully authorized representatives on questions of wages, hours and conditions of employment. 1.02. Employees excluded from the bargaining unit shall not perform work normally performed by bargaining unit members. This provision shall not, however, preclude supervisors from instruction, or performing bargaining unit work in an emergency when bargaining unit members are not available. 1 2 ARTICLE II - MANAGEMENT RIGHTS 2.01. The Union recognizes the prerogatives of the Employer to operate and manage its affairs in all respects in accordance with its responsibility, and the powers or authority which the Employer has not specifically abridged, delegated or modified by other provisions of this Agreement, are retained exclusively by the Employer. Such powers and authority in general include but are not limited to the following: (a) To determine its general business practices and policies and to utilize personnel, methods and means in the most appropriate, efficient and flexible manner possible. (b) To manage and direct the employees of the Employer, to make assignments of jobs, to determine the size and composition of the work force, to determine the work to be performed by the work force and each employee. (c) To determine the methods, means and personnel by which the operations of the Employer are to be conducted. (d) To take whatever action may be necessary in situations of emergency. (e) To hire, promote and transfer employees, and to make promotions to supervisory positions in the manner most advantageous to the Employer. (f) To discipline, suspend, demote and discharge employees. (g) To schedule overtime work. (h) To create new positions or departments, to introduce new or improved operations or work practices; to terminate or modify existing positions, departments, operations or work practices; and to consolidate existing positions, departments or operations. (i) To make and alter rules and regulations for the conduct of its business and of its employees. (j) To subcontract or contract out work when deemed necessary. (k) To determine the location where the operations of the Employer are to be conducted. 2.02. Any employee, except probationary employees, who shall be disciplined, denied his normal advancement or reduction in salary, shall receive written notice concerning such action with 3 the reasons given and shall have recourse to the grievance procedure contained herein. A copy of such notice shall be supplied to the Union President. 4 ARTICLE III - GRIEVANCE PROCEDURE 3.01. The grievance procedure provided in this article shall apply only to grievances involving the interpretation or application of this Agreement. Grievances to be processed in the following manner: (Time limits set forth shall be exclusive of Saturdays, Sundays, and holidays.) 3.02. Step 1. The employee and/or a member of the Union Committee and/or the Union representative shall take the grievance up orally with the employee's immediate supervisor within thirty (30) calendar days of the event causing the grievance or of their knowledge of the grievance. 3.03. Step 2. If a satisfactory settlement is not reached in Step 1 within forty-eight (48) hours, the Union Committee and/or the Union representative may present the grievance to the Highway Commissioner. The grievance shall be in writing. 3.04. Step 3. If a satisfactory settlement is not reached in Step 2 within five (5) days, the Union Committee and/or the Union representative may present the grievance to the County Administrator. The grievance shall be in writing. Grievances resulting from actions of the Highway Commissioner shall not be required to go through Step 1, but shall have five (5) days for presentation in writing to the County Administrator. The County Administrator shall: (a) Respond in writing within two (2) weeks, or (b) Arrange a meeting within two weeks with the Union committee where the parties shall attempt to resolve the matter. The Administrator shall respond in writing within one week of the meeting. 3.05. Step 4. If a satisfactory settlement is not reached in Step 3, the parties may jointly participate in grievance mediation. The parties will attempt to agree on a selection of mediator in advance of the request to the WERC. Should either party not agree to grievance mediation, either party may petition for arbitration. Either party may serve notice on the other that the dispute shall be arbitrated. Said notice shall be served within ten (10) days of the County Administrator's written decision or due date as set forth in Step 3. Three (3) days shall be allowed for mailing. 3.06. The arbitrator shall, if possible, be mutually agreed upon by the parties. If agreement on the arbitrator is not reached within fifteen (15) days after the date of the notice requesting arbitration, then the Wisconsin Employment Relations Commission shall be requested to submit a panel of five (5) arbitrators. The parties shall alternately strike names until one remains and the party requesting arbitration shall be the first to strike a name. 3.07. The arbitrator shall neither add to, detract from nor modify the language of this Agreement in arriving at a determination of any issue presented that is proper for final and binding 5 arbitration. The decision of the arbitrator within the limits of his authority shall be final and binding on the parties. 3.08. The cost of arbitration shall be borne equally by the parties, except that each party shall be responsible for any witnesses from outside of County service it may call. The Union shall pay witnesses it calls from within County service. 3.09. Grievances not submitted within the above time limits shall be deemed waived, provided, however, that any of the above time limits shall be extended for good cause upon request by the Union. 3.10. The Union agrees to furnish the Employer with the names of its committee members. 3.11. Personnel files shall be open to employees to view on reasonable notice during normal office working hours. ARTICLE IV - PROBATION AND SENIORITY 4.01. Probation. All new employees shall serve a six (6) months probationary period. Any employee whose employment is continued into the month following six (6) full months of employment within the bargaining unit shall be considered to have satisfactorily completed his probationary period and shall be advanced to the next step in his classification and no other notice shall be necessary. Notwithstanding the above a (new) probationary employee who is promoted during initial probation shall serve a full 6 month probation in the new position and is subject to termination as provided for ‘new’ employees. Benefits shall accrue as if probation was not extended. Employees who are promoted to a higher classification shall be required to serve a four (4) months probationary period in the new position. 4.02. Seniority. Seniority shall, upon the completion of the probationary period, begin with the original date of continuous employment within the bargaining unit. In cases where two or more employees start work on the same day, the date of application for employment shall establish priority of position on the seniority list. There shall be posted a seniority roster by the department head, which shall show the name, classification and date of hire, corrected and re-posted quarterly each year. Time spent in the armed forces of the United States shall not diminish the seniority rights of employees, provided said employees return to work within ninety (90) days from the date of discharge from said service. 4.03. The Employer shall also post a list of all job titles in each pay range and the number of employees regularly required in each title. 6 4.04. Promotion. A notice of all vacancies for new jobs which the Employer intends to fill shall be immediately posted on the shop bulletin board for a period of five (5) working days. Each posting shall state an effective date for advancement. The Employer shall notify the Union in writing of positions it does not intend to fill at the present time. Such notice shall include the name of the equipment and the pay range in Appendix A in which the equipment is classified. Any employee who is interested in filling the vacancy or taking the new job shall complete the appropriate forms in the Highway Shop office. In filling vacancies or in making promotions, preference shall be given to the employees with the greatest seniority, provided he/she has the qualifications for the position. Notwithstanding the above, the County shall select the most qualified applicant for promotions to classifications in Pay Grades H23 or H24; if qualifications are relatively equal, the County shall select the most senior qualified applicant. If a dispute arises concerning the qualifications of an employee to fill the position, a grievance may be filed in accordance with the procedure set forth in Article III. To prevent an interruption of the Highway maintenance or work schedule, temporary appointments may be made for a period of time not to exceed three (3) weeks. If the temporary appointment is to fill a temporary vacancy caused by the illness or injury of the employee regularly filling such position, the temporary appointment may continue until the regular employee returns to his regular duties. Temporary assignment to a different machine is permissible. Applicable Pay Rates Following Promotion: In case of the promotion of any employee in the County service to a position in a class with a higher maximum salary, such employee shall be entitled to receive the rate of compensation in the entrance step of the class to which the employee has been promoted. In cases where the pay range overlaps, a promotion shall be effected at the next higher step in the range of the new class above the rate being paid in the lower class. The employee will maintain the employee’s current anniversary date for purposes of eligibility for future step increases except as follows. Where the employee was at the maximum step and will be eligible for steps following the promotion, a new anniversary date shall be established for purposes of future step increases. 4.05. The employer agrees that the use of seasonal employees will not deprive bargaining unit employees of higher rated pay pursuant to Section 12.09 The term of employment of a seasonal employee shall not exceed six (6) months in any calendar year. A seasonal employee shall not be prevented from becoming a regular County employee. Should a seasonal employee become a regular County employee, his total time of employment, including his seasonal employment, shall be counted as part of his probationary period. 4.06. Layoff - Rehire. When the Employer decides to lay off employees, employees shall be laid off in inverse order to their length of service and whenever so laid off shall possess reemployment rights for a period of one (1) year. Whenever it becomes necessary to employ additional workers, either in vacancies or in positions, former employees who have rendered 7 satisfactory service and who have been laid off or separated from County service without delinquency or misconduct on their part, within one (1) year prior thereto, shall be entitled to be reemployed in such vacancies or new positions in preference to all other persons. Employees shall not accrue seniority while on layoff, but employees laid off and reemployed within one (1) year shall, as a result of the layoff, experience no loss of seniority they held on the date of the layoff. Employees who voluntarily terminate shall, if reemployed, start as new employees. When a layoff is necessary all positions remaining shall be posted and bid on seniority basis. With regard to posted tested positions, the County retains the right to consider qualifications along with seniority in awarding said positions. Employee selection of remaining positions and tested positions, on the basis of seniority, shall be made within two (2) weeks of the posting. Persons who take a voluntary layoff cannot return to work unless recalled. 4.07 Position Elimination. When the County eliminates a position, the least senior employee in the job title may bump any junior employee, in an untested position, or in a tested position they have held within the previous three (3) years, provided they can still perform the work. Exception: Employees in the Equipment Operator II positions that are eliminated may bump junior employees in “skill-tested only” Equipment Operator II positions, provided they pass the skills test. Position elimination under 4.07 shall not constitute a layoff under 4.06. 4.08. Employees shall lose their seniority for any of the following reasons: (a) Discharge. (b) Resignation. (c) Retirement. (d) Unexcused failure to return to work after the expiration of a leave of absence or period for which worker's compensation was paid or failing to report to work within five (5) days after notice of recall from layoff. 4.09. No employee shall be disciplined, suspended, demoted or discharged except for just cause. Probationary employees may be terminated provided such action is not arbitrary and capricious and shall not have access to the grievance procedure regarding any discipline, suspension, demotion or discharge. ARTICLE V - VACATION 8 5.01. Annual Vacation With Pay. "Vacation week" means that number of days customarily worked by an employee in the service of the County in a normal seven-day (7) week, not to exceed five (5) days. "Vacation day" means that number of hours customarily worked by an employee in the service of the County in a normal twenty-four (24) hour day, not to exceed eight (8) hours. 5.02. Vacation eligibility shall be determined on the basis of length of continuous service of each employee as of January 1 of each calendar year. Each regular full-time employee and regular part-time employee working twenty (20) or more hours per week on a pro rata basis shall be entitled to paid annual vacation leave as follows: (a) Employees with less than six (6) years of service shall earn vacation at the rate of five-sixths (5/6) of a day per month or major fraction thereof for each month of service. Twelve (12) months shall equal two (2) vacation weeks. (b) Employees with more than seven six (6) of service but less than thirteen (13) years of service shall earn vacation at the rate of five-fours (5/4) of a day per month or major fraction thereof for each month of service. Twelve (12) months shall equal three (3) vacation weeks. (c) Employees with more than thirteen (13) years of service but less than nineteen (19) years of service shall earn vacation at the rate of five-thirds (5/3) of a day per month or major fraction thereof for each month of service. Twelve (12) months shall equal four (4) vacation weeks. (d) Employees with more than nineteen (19) years of service shall earn vacation at the rate of two and one-twelfth (2-1/12) days per month or major fraction thereof for each month of service. Twelve (12) months shall equal five (5) vacation weeks. 5.03. An employee shall not be eligible to receive a vacation until his probationary period has been completed. Upon completion of an employee's probationary period, the employee shall be eligible to receive vacation for those months of service prior to January 1 of the year in which the probationary period was completed. 5.04. The department head shall have full responsibility and discretion for setting vacation periods for all employees under his supervision during the calendar year. In doing so, he shall be guided by the good of the County service and the orderly conduct of the work and functions of each particular department. Employees within the same class or job title shall be given an opportunity to exercise their seniority in the selection of their vacation according to the period set out by the department head. 9 5.05. All employees shall be encouraged to make use of earned vacation time in accordance with the provisions of this Agreement. In exceptional circumstances the department head may allow an employee to carry over his/her vacation into the next ensuing year. An employee who is given a reasonable opportunity to take his/her earned vacation and who does not do so shall be deemed to have waived said vacation and shall not be entitled to compensation therefore. The use of vacation time in small units shall be discouraged. 10 ARTICLE VI - HOLIDAYS 6.01. Holidays. Regular full-time employees shall be allowed the following holidays with pay: January 2, 2006 February 20, 2006 April 14, 2006 May 29, 2006 July 4, 2006 September 4, 2006 November 23, 2006 November 24, 2006 December 25, 2006 December 26, 2006 January 1, 2007 April 6, 2007 May 28, 2007 July 4, 2007 September 3, 2007 November 22, 2007 November 23, 2007 December 24, 2007 December 25, 2007 floating holiday 6.02. All employees who are required to work on a holiday shall be paid time and one-half (1-1/2) their base pay listed in Appendix A for all hours worked in addition to holiday pay. ARTICLE VII - SICK LEAVE WITH PAY 7.01. Regular full-time employees shall be entitled to one (1) working day of sick leave with pay for each month or major fraction thereof of actual service up to an accumulated total of one hundred eight (108) working days. When an employee has one hundred eight (108) working days of sick leave credit, such employee shall continue to earn sick leave at the rate of one-half (1/2) working day of sick leave with pay for each month or major fraction thereof of actual service up to an accumulated total of one hundred fifty (150) working days. Terminal pay as provided in Sections 9.03 and 9.04 shall equal the respective percentage set forth in said sections times a maximum of one hundred eight (108) days accumulated sick leave. 7.01. (a) Where the Employer has reason to believe that an employee is disabled or unable to perform the required job duties because of a physical condition, the Employer shall provide an examination for said employee by a medical doctor of the Employer's choice to determine whether the employee's physical condition renders said employee unable to perform his or her job. The Employer shall seek to accommodate an employee with a temporary disability by altering job duties when possible, or approving a leave of absence. Employees with a temporary disability whose job duties have been altered shall be paid at the rate established for the classification they are performing. 11 7.02. In the case of illness extending beyond two (2) days duration, the employee shall furnish a certificate issued by a licensed practitioner or other satisfactory proof of illness upon the request of the department head concerned. 7.03. It is mutually agreed by the County and the Union that any employee who falsely reports to his department head that he is ill for the purpose of using sick leave shall be subject to disciplinary action. 7.04. A County employee who is entitled to worker's compensation may elect to take as much of his accumulated sick leave, or his accumulated vacation after his accumulated sick leave becomes exhausted, as when added to his worker's compensation will result in a payment to him of his full salary or wage. 7.05. Except in accordance with State and/or Federal family leave regulations, no County employee shall be entitled to sick leave while absent from duty on account of any of the following causes: (a) Disability arising from any sickness or injury purposely self-inflicted or caused by any of his willful misconduct. (b) Sickness or disability sustained while on leave of absence without pay. (c) Disability sustained while engaged in other gainful employment. (d) The County will not require employees to use a benefit time during a leave under the terms of the State or Federal Family Medical Leave Act. 7.06. When death occurs in an employee’s immediate family (being defined as spouse; child; or current stepchild) the employee will be excused with pay for five (5) consecutive scheduled days of work. When an employee’s brother, sister, mother, father, mother-in-law, or father-in-law, stepsibling or stepparent dies, the employee will be excused for three (3) consecutive scheduled days of work. An employee shall be granted one (1) day off with pay for the death of grandparents, grandchildren, brothers-in-law and sisters-in-law, of the employee or spouse. Parttime employees shall be compensated for hours normally worked one (1), three (3) or five (5) consecutive scheduled days of work, whichever applies. Nonconsecutive days off may be allowed upon the approval of the Human Resources Director when the funeral service or memorial is outside the period of leave allowed following the death of the relative. 7.07. The leave provided for in this article shall apply only to days that the employee is regularly scheduled to work. 12 7.08. In the event an employee of the Highway Department dies prior to his retirement and his funeral is held on a regular workday, the shop shall remain open. Union members shall be allowed to take one-half (1/2) day sick leave to attend the funeral. During such time employees remaining at work may be assigned to machinery or jobs other than that which comprises their regular duties. 7.09. Employees using sick leave as a result of an accident or other occurrence for which a third party may be liable shall notify the Employer. The Employer shall be subrogated to the rights of the employee and the amount of sick leave time paid. The Employer shall credit to the employee's account fifty percent (50%) of its net recovery from the subrogated claim. 7.10. Employees wishing to use sick leave shall notify their supervisor not less than onehalf (1/2) hour prior to commencement of their regularly scheduled shift. 7.11 Use for employee: An employee may use sick leave with pay for absences necessitated by his/her injury, illness, or medical appointments including diagnostic treatment, dental procedures, optician's services, and other medical care performed by a duly licensed practitioner 7.12 Use for immediate family: In addition to any right that employees may have under state or federal law to use sick leave for family members, employees may use sick leave for the reasons described in Section 7.11 above involving members of their immediate family. Immediate family is defined for this purpose as dependent children, current dependent step children, spouse, parents and parents-in-law. Employees may use up to three (3) days for each occurrence involving members of their immediate family. If due to extenuating circumstances additional time is needed, employees may be granted additional days of sick leave in excess of the three (3) days, upon the approval of their supervisor. If additional days are approved, the County may require verification pursuant to Section 7.02 above. ARTICLE VIII - LEAVE OF ABSENCE WITHOUT PAY 8.01. Leave of Absence Without Pay. Department heads may grant leave of absence to an employee for a period not to exceed four (4) calendar months; provided, however, that only the first thirty (30) days taken during the anniversary year of the employee shall be allowed without affecting his anniversary date when used in computing the length of time between salary step increases and other benefits. When leave of more than thirty (30) days is taken, the employee's anniversary date shall be moved ahead by the same number of days that the leave exceeds thirty (30) days and reestablished as follows for all payroll purposes: 13 (a) If said date falls on the first of the month, as of that date. (b) If said date falls on any other than the first, the first of the following month. (c) All leave of absence without pay shall be authorized in writing with the employee and the Union President receiving a copy. Any employee who takes other employment while on leave, or who gives false information to obtain a leave shall be terminated subject to all of the provisions of this Agreement. 8.02. No employee shall be absent from work unless for unavoidable circumstances without first obtaining permission from the Employer. However, employees who, because of illness or injury, are unable to return to work even though all accumulated paid time off has been used, shall not be terminated within a period of one (1) year thereafter. ARTICLE IX - RETIREMENT AND TERMINAL PAY 9.01. Retirement. The County shall pay the employee's contribution to the Wisconsin Retirement System up to a maximum of 6.5% of the employee's gross pay. 9.02. Terminal Pay. Employees who have completed their probationary period and who terminate their employment or who are laid off shall receive all accrued vacation, holidays and longevity pay, payable on their last day of employment. Employees who are laid off shall receive 25 percent of unused sick leave at the termination of recall rights under this contract. Payment shall not exceed 25 percent of 108 days. This provision shall not apply to voluntary terminations or terminations for cause. 9.03. In addition, employees who retire or become disabled and are eligible for Wisconsin Retirement annuity or Social Security shall receive sixty percent (60%) of any unused accumulated sick leave. 9.04. An employee whose employment is terminated by death shall be paid the benefits set forth in Section 9.02 of this Article and shall be paid sixty-five percent (65%) of his unused sick leave and two (2) weeks of pay. 9.05. Employees retiring shall have the right to continue the regular hospital and surgical medical insurance at the group rate for the retirement group at the employee's expense. The employee shall notify the County not less than fourteen (14) days prior to retirement of his/her intention to remain in the health insurance program. Retirees who drop out of the insurance 14 program after retirement shall not be allowed to reenter the program. Surviving spouses can continue to participate in the plan, with continuation/conversion privileges pursuant to law. ARTICLE X - UNION ACTIVITY - FAIR SHARE AGREEMENT 10.01. The Union shall keep the department head and the County Personnel Officer informed in writing of its selection of officers and members who are qualified to represent the Union. 10.02. The officers of the Union shall be allowed time off with pay to attend any meetings with the Employer or its representative when such meetings are held during the officers' working hours, when such meetings are held to resolve grievances, or for the purpose of negotiating a new agreement, providing no more than three (3) officers shall be allowed time off with pay at any one time. 10.03. The Employer agrees to deduct Union dues from employees' wages upon receipt of written request of authorization from each such employee. Deductions to be made each month and the total of such deduction made payable to the Jefferson County Employees' Local Union 655. 10.04. The Union, as the exclusive bargaining representative of all employees in the bargaining unit, will represent all such employees, union and non-union, fairly and equally, and all employees in the unit will be required to pay their proportionate share of the costs of representation by the Union. No employee shall be required to join the Union, but membership shall be made available to all employees who do apply. No employee shall be denied Union membership because of race, creed, color or sex. 10.05. The Employer agrees that it will deduct from the earnings of all employees in the collective bargaining unit covered by this Agreement the amount of money certified by the Union as being the monthly dues uniformly required of all employees. Changes in the amount of dues to be deducted shall be certified by the Union thirty (30) days before the effective date of the change. Deductions will be made each month and the total of such deductions made payable to the Jefferson County Employees' Local Union 655. 10.06. As to new employees referred to in Section 10.04 and 10.05, such deductions shall commence in the month following the completion of their probationary period. 10.07. The Employer shall not be required to submit any amounts to the Union under this article for employees otherwise covered who are on layoff, leave of absence or other status in which they receive no pay for the pay period normally used by the Employer to make such deductions. 15 10.08. The Employer shall not be liable to the Union employees or any party by reason of the requirements of this article for the remittance or payment of any sum other than that constituting actual deductions made from employee wages earned. The Union shall save the Employer harmless against any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of or by reason of action taken by the Employer under this article. ARTICLE XI - INSURANCE 11.01. Health and Dental. The employer will provide medical and dental insurance for employees and their dependents as agreed upon by the parties. For insurance purposes, the County agrees to guarantee regular part-time employees 1040 or more hours per year. If a regular part-time employee refuses when called to work, except for a valid reason, and has not worked 1040 hours per year, the Employer will not pay the insurance premium for a period of time not to exceed three (3) months. A. Medical Benefit Plan. Effective January 1, 2006, the employee shall contribute $10.00 per month towards the single premium and the Employer shall pay $405.00 per month for single medical coverage; the employee shall contribute $20.00 per month towards the family premium and the Employer shall pay $1,018.00 per month for single/family medical coverage, respectively. Effective January 1, 2007, the employee shall contribute $30.00 per month towards the single premium and the Employer shall pay $468.00 per month for single medical coverage; the employee shall contribute $60.00 per month towards the family premium and the Employer shall pay $1186.00 per month for single/family medical coverage, respectively. Effective January 1, 2007 and until December 31, 2007, employees shall continue to contribute $30.00/$60.00 towards the single and family medical plan, respectively, and the Employer agrees to pay any increase in medical plan premiums. Effective January 1, 2007, annual-out-of pocket maximum will be $600 for a single/employee only policy and $1200 for a family policy. In addition, there will be a $50.00 co-pay for emergency room visits, which is waived if patient is hospitalized. B. Dental Plan The Employer shall pay $28 per month for single dental coverage; $60 per month for family dental coverage. The Employer agrees to pay any increase in dental insurance premiums until December 31, 2007. 11.02 Life Insurance. The Employer agrees to participate in the State Group Life Insurance Plan for employee life, spousal and dependent children coverages. The employees and the Employer will share the premium for insurance equal to one times the employee’s annual salary. Eligible employees will also have the option of increasing their life insurance to three (3) times their annual salary by electing supplemental and one additional unit. For all coverage other than the basic plan, the employee will be responsible for the full cost of the life insurance. 16 11.03. When an employee's personal effects, such as glasses, watches, hearing aids, dentures or other, including clothing, are torn, damaged or broken for reasons other than normal wear or their own negligence while on the job, such employee shall be entitled to submit a claim to the Employer for damages. The County shall replace glasses if, and only if, the employee has complied with Section 13.02. 11.04. Disability Insurance. By January 1, 2002, the Employer will offer a long-term disability insurance plan for employees to purchase. The full cost of participating in the long-term disability plan will be paid for by the employee. 11.05. Section 125b Plan. The Employer agrees to implement a Section 125b plan, effective January 1, 2002, which employees may utilize to purchase long-term disability insurance and for the employees cost of life insurance, as allowed by law. 11.06 Insurance/Wellness Committee: There will be a union/management committee formed consisting of representatives from all AFSCME Locals that will meet during the term of this Agreement to discuss health and dental insurance and the development of a Wellness Plan. The Wellness Plan is intended to address issues of reducing insurance costs and promoting employee well-being. Said committee shall prepare a report on issues of coverage, cost contributions, deductibles, etc. Committee may meet thereafter, as needed, to continue discussion on insurance related issues. ARTICLE XII - HOURS OF WORK AND RULES OF JOB CLASSIFICATIONS 12.01. Appendix "A". "Schedule of Job Titles and Hourly Wage Rates" shall be attached and a part hereof for the life of this Agreement. Employees shall be paid hourly. 12.02. Longevity. Regular full-time employees who have completed five (5) or more years of service on or before November 1st of any year shall receive longevity pay annually at the rate of one dollar twenty-five cents ($1.25) per month for each month of service up to a maximum of three hundred (300) months of service. Longevity payments shall be made in December of each year. 12.03. The normal hours of work for all regular full-time employees, shall be eight (8) hours per day, Monday through Friday, for a total of forty (40) hours per week. The normal starting time shall be 7:00 a.m. each day and the normal lunch period shall be thirty (30) minutes. Should an employee be called in immediately to their regularly scheduled hours, the employee may be sent home early provided that they receive a minimum of eight (8) hours of employment and that all hours worked prior to their work schedules are paid at the overtime rate. 17 12.03b. Upon the mutual agreement of the employee involved and the department head or his or her designee, an employee may flex his or her normally scheduled work hours up to one hour prior to the start of his or her shift. The parties understand that on working crews, all employees must agree to the revised work schedule or the change will not occur. (NOTE: The Custodian position is an exception to the one hour rule and will be allowed to continue his current schedule.) 12.05. Summer Hours. Summer hours shall be 6:00am to 4:00pm, from Memorial Day to Labor Day. After December 31, 2007, from Memorial Day to Labor Day, the department will work four 10-hour days, from 6:00 a.m. to 4:30 p.m., unless otherwise agreed. 12.06. Overtime/Compensatory Time. It is agreed by the parties that employees will work overtime, except when they have a reasonable excuse, whenever so requested by the Highway Department Administration or Supervisors. Any time worked by an employee outside of his regular schedule of hours shall be paid for at one and one-half (1-1/2) times his hourly rate except that an employee shall not receive shift differential pay and time and one-half pay at the same time. Employees in lieu of cash payment for overtime, may, at their option, earn and use compensatory time at the same rate and conditions as paid overtime. This may be used pursuant to the provisions of Sections 5.04 and 5.05 (Vacation). Any compensatory time not used by November 30 shall be paid on the next regular pay check in December. 12.07. Call-Out Time. In case an employee is ordered to work because of some emergency condition at other than his normal reporting time, he shall receive a minimum of two (2) hours pay for such work. This provision shall not apply to hours worked consecutively prior to or subsequent to the employee's regular schedule of hours. The department will maintain a volunteer list for off-duty call-out work. A volunteer signup sheet will be posted at least twice annually (April and November if not posted more frequently). For nonemergency work not taken by the patrol person in the affected area, the department will call employees from the volunteer call-out list beginning with the most senior, qualified employee and continuing in order of seniority until the work has been assigned. When the next call-out situation arises, the department shall start the calling procedure immediately below the person who took the immediately prior call-out work, such that the employer will rotate through the entire list before returning to the top. In the event an employee does not answer a call or is otherwise unavailable for a total of three times, the employee shall be removed from the current list and will not be called as a volunteer until a new list is created. In the event no employees are available from the volunteer list, Section 12.06 shall apply. The volunteer list shall be made available to unit members upon request. Off-Duty Call-Out. Routine maintenance assignments will be first offered to the patrol person in the affected area prior to being offered to another employee. Notwithstanding the above, the Department may assign another employee if an emergency situation occurs in which time delays would adversely affect the traveling public. 18 12.08. Employees shall normally be hired at the minimum of their classification and shall be advanced to the second step after six (6) months of employment and may be advanced to the third step after twelve (12) months of employment in the second step, to the fourth step after twelve (12) months employment in the third step, etc., to the maximum of their range. Employees may be denied advancement to the third, fourth or fifth step by the Commissioner and/or the Personnel Committee. The employee so denied shall receive from his department head, not later than (5) days after the effective date of the denial, a copy of the job evaluation report to the Personnel Committee which was used as a basis for the denial. Such denial may be the subject of a grievance which shall be handle as outlined in Article III. 12.09. Employees in the bargaining unit working in any one shift in a higher paid position for four hours or more shall receive the higher rate of pay while working in such position. Whenever employees are assigned to work as ‘temporary lead’, such employees shall, for the duration of the assignment, receive an additional five percent (5%) of the employees regular rate, with the final rate not to exceed the rate in step H24D. 12.10 CDL Requirements. In the event employees required to have a commercial driver’s license has that license suspended, such employees, not exceeding two, in the bargaining unit may remain employed at a pay rate reduction of 10%. Those employees may be assigned by the County to any duties within county employment, inside or outside the bargaining unit, during the time the CDL is suspended. In the event more than two employees are in this category simultaneously, the least senior employee may be laid off. 19 ARTICLE XIII - SAFETY 13.01. The Employer and the Union shall cooperate in the continuing objective to eliminate accidents and health hazards. The Employer will continue to make reasonable provisions for the safety and health of its employees. Employees and Union officers shall report to the Employer any conditions or circumstances believed to be dangerous to health or safety. Employees shall cooperate in the use of safety equipment furnished by the Employer. 13.02. Employees shall wear safety glasses or other eye protective equipment as directed by the Employer and Union Safety Committee. The Employer shall furnish such necessary eye protective equipment for employees not regularly wearing eyeglasses. Employees who regularly wear eyeglasses which require safety lenses shall have glasses fitted with safety lenses. The employee shall be responsible for any necessary eye examinations and shall furnish the County with a prescription for the lenses. The Employer shall furnish safety lenses and frames from such sources as the Employer may choose. 13.03. Employees shall wear safety shoes as directed by the Employer and Union Safety Committee. Upon presentation of an appropriate receipt the Employer shall provide to each employee a $100 clothing allowance. 13.04. Employees assigned to work on I-94 shall receive hazardous duty pay equal to five percent (5%) of their regular rate of pay for actual hours worked. 13.05. If an employee is proceeded against in any action because of acts committed while carrying out his or her duties and a jury or court finds that he or she was acting within the scope of employment, any judgment as to damages and costs entered against the employee shall be paid by the Employer. The Employer shall pay the reasonable attorney fees and costs of defending the action, unless it is found by a court or a jury that the employee did not act within the scope of his or her employment. ARTICLE XIV – MILITARY LEAVE 14.01 Employees shall be granted military leave in accordance with applicable federal and state laws. In addition, In order to provide an orderly method for assigning positions to people returning to county employment from military service which respects the rights of the returning employee, the rights of other members of the bargaining unit and the employer, the parties agree: 1. When an employee leaves county employment to engage in military service, the vacated position, if the employer decides to fill it, shall be filled on a temporary basis for the first 90 days, unless the departing employee’s orders are sufficiently clear to the effect that the term of 20 service will exceed 90 days. In that case, the employer may proceed to fill the position in the manner prescribed by the contract for any other vacancy. At the time of giving the employer notice of the commencement of a term of service, or at such time thereafter as the employee may have clear information as to the duration of the service term, the employee shall provide the employer with the information available to the employee as to whether the term of service will exceed 90 days. 2. If the position has not been filled permanently in accordance with (1), the employer may fill the position on a permanent basis in accordance with applicable procedures in the contract for filling vacant positions at any time after the expiration of 90 days from the employee’s departure from county service to enter military service. The 90 day period shall commence on the first day the employee is unavailable for regular work connected to the employee’s military service obligation. 3. An employee who qualifies as provided by applicable state or federal law to return to county employment after military service may elect to fill a vacant position or sign a posting, which election shall be in lieu of any other right to return to a previous position. If the employee does not elect to fill a vacant position or sign a posting, the employee will, as a first step, be placed in the position the employee vacated, subject to the following provisions: (a) If the employee’s bargaining unit has undergone a reduction in force such that, given the employee’s seniority status, the employee would have been laid off, the employee shall be placed on the recall list as that employee’s seniority, including credit for the time in military service based on the employee’s work history in the year immediately preceding the military leave, would have dictated as of the date of the reduction in force that would have resulted in the employee’s layoff. It is the intent of this provision to ignore speculation as to who would have bumped whom at the time of the reduction in force and rely on seniority to decide if the employee would have been laid off based on the number of persons laid off and the employee’s position on the seniority list at the time of the reduction in force. (b) Notwithstanding (a), if the returning employee would be placed on the recall list pursuant to (a), the returning employee may, as of the date the employee is available to return to work, bump any junior employee holding a position for which the returning employee is qualified. The returning employee shall be credited with accrued seniority from the date of departure up to the date of return (based on hours worked in the 12 months preceding departure, if in a unit that determines seniority based on hours). The returning employee shall provide the employer with not less than 7 days notice of the intent to so bump. (c) If the department has been reorganized so that the position the employee vacated no longer exists, the employee does not elect to fill a vacant position or sign a posting and neither (a) nor (b) apply, the employee shall be allowed upon return to work to bump a junior person in 21 accordance with the contract provisions, if any, that provide a bumping process on the same basis as if of the employee’s position had been eliminated on the date of his return. (d) Persons bumped either directly as the result of a returning employee being restored to the employee’s prior position under (a), or as a result of a bumping process commenced under (b), (c) or (e) shall have recourse to the contract bumping process. Nothing herein shall prevent the returning employee from being bumped by a more senior, qualified person exercising contractual bumping rights from either the position to which the returning employee returned or a position elected pursuant to some other provision hereof, if such return or election causes a bumping process to commence. (e) In the event a position for which the returning employee is qualified was filled during the employee’s military service by a less senior person, the returning employee may, in lieu of remaining in the restored position originally vacated, bump the less senior person. It shall be the employee’s obligation to request information about positions filled in the employee’s absence and elect to bump the junior person within 30 days from the date of return to work. Failure to do so timely shall constitute a waiver of any right to do so unless bumping under some other provision of the contract. 4. All references in this section to days shall mean calendar days. 5. In order to prevent the possibility of two inconsistent outcomes affecting the employer and other employees, the returning employee shall elect the forum for seeking redress of any complaint. A grievance relating to this section may not be filed or maintained if the employee has filed a complaint with a state or federal agency or court concerning rights established by state or federal law. A grievance arbitration award shall be final and binding as to the rights of the parties and shall constitute A WAIVER BY THE EMPLOYEE and a defense for the employer and the union against any returning employee’s subsequent claim based on the facts sought to be demonstrated by the employee in arbitration of the grievance. Neither the employer nor the union shall be required to proceed to arbitration of a grievance under this section in the absence of a duly executed and enforceable waiver of the employee’s right to proceed through the state or federal complaint/legal process under applicable law, although they may do so in reliance on the language of this section requiring the employee to elect one forum and waive the right to proceed in the other. In the event a legal authority allows the employee’s claim to proceed, or brings any action on the employee’s behalf in any agency or forum after the employee has executed the waiver described above or an arbitration award has been made, the employer shall not be obligated to continue to follow the arbitration award, and, upon request, shall be entitled to reimbursement of any payments it may have made to the employee as a direct result of the arbitration award. 22 6. It is the intent of this provision to neither add to nor subtract from rights secured to a returning employee by state or federal law, who retains the option to elect to proceed in the complaint process allowed by law rather than under the terms of the contract. In the event of any conflict between this provision and the applicable law, the applicable law will control. ARTICLE XV - NO STRIKE 15.01. The Union agrees that for the duration of this Agreement, Union officers, representatives or members will not authorize, assist, support or engage in any strike, work stoppage, slowdown, interruption of work or interference with operations of the Employer. In the event of any strike, work stoppage, slowdown or interruption or impeding of work, the Employer shall notify the Union thereof, and the Union shall give notice to the employees involved that they are in violation of this Agreement and should end such strike, work stoppage, walkout or interruption or impeding of work. Any employee who engages in such prohibited activity may be subject to disciplinary action. ARTICLE XVI - CONDITIONS OF AGREEMENT 16.01. This Agreement may not be amended except by the mutual consent of the parties in writing. 16.02. This Agreement constitutes the entire agreement between the parties and no verbal statement shall supersede any of its provisions. 16.03. When this Agreement is in conflict with the County Personnel Ordinance, the provisions of this Agreement shall control. 23 APPENDIX A JEFFERSON COUNTY HIGHWAY DEPARTMENT JOB CLASSIFICATION LIST – GRADE ORDER 2006 - 2007 JOB TITLE H19* Custodian; Highway Utility Person I Truck Driver; Highway Maintenance Person (Patrolperson) H20 Equipment Operator I; Equipment Parts person; Highway Utility person II H21 Equipment Operator II; Equipment Hauler/Mech Effective Date 12/25/2005 6/25/2006 1/7/2007 12/25/2005 6/25/2006 1/7/2007 12/25/2005 6/25/2006 1/7/2007 H22 Equipment Mechanic II 12/25/2005 6/25/2006 1/7/2007 H23 Equipment Parts Person*; Engineering Aide; Sign Worker; Welder Fabricator H24 Shop Lead worker; Engineering Asst; Highway Lead Worker 12/25/2005 6/25/2006 1/7/2007 12/25/2005 6/25/2006 1/7/2007 Step C $ 17.398 $ 17.572 $ 17.923 $ 17.733 $ 17.910 $ 18.268 $ 18.045 $ 18.225 $ 18.590 $ 18.391 $ 18.575 $ 18.947 $ 18.735 $ 18.922 $ 19.300 $ 19.049 $ 19.239 $ 19.624 Step A H16 Highway Account Clerk 12/25/2005 6/25/2006 1/7/2007 $ 15.649 $ 15.805 $ 16.121 Step D $ 17.733 $ 17.910 $ 18.268 $ 18.045 $ 18.225 $ 18.590 $ 18.391 $ 18.575 $ 18.947 $ 18.735 $ 18.922 $ 19.300 $ 19.049 $ 19.239 $ 19.624 $ 19.472 $ 19.667 $ 20.060 Step B $ 15.949 $ 16.108 $ 16.430 Step E $ 18.045 $ 18.225 $ 18.590 $ 18.391 $ 18.575 $ 18.947 $ 18.735 $ 18.922 $ 19.300 $ 19.049 $ 19.239 $ 19.624 $ 19.472 $ 19.667 $ 20.060 $ 19.884 $ 20.083 $ 20.485 Step C $ 16.273 $ 16.436 $ 16.765 Step D $ 16.630 $ 16.796 $ 17.132 Step E 16.930 $ 17.099 17.441 *Effective 2/04/07, H19 moved to H20 and all, except Custodian, reclassed to Highway Worker; and Parts Person reclassed from H20 to H23 25 APPENDIX A, continued JEFFERSON COUNTY HIGHWAY DEPARTMENT JOB CLASSIFICATION LIST – GRADE ORDER 2006 - 2007 Effective Date Step C Step D Step E JOB TITLE *Effective 2/04/07, all H19 and H20, except Custodian, reclassed to Highway Worker position in H20; and Parts Person reclassed from H20 to H23 H20 Highway Worker; Custodian 2/04/2007 7/8/2007 H21 Equipment Operator II; Equipment Hauler/Mech 2/04/2007 7/8/2007 $ 18.268 $ 18.451 $ 18.590 $ 18.776 $ 18.590 $ 18.776 $ 18.947 $ 19.136 $ 18.947 $ 19.136 $ 19.300 $ 19.493 H22 Equipment Mechanic II 2/04/2007 7/8/2007 $ 18.947 $ 19.136 $ 19.300 $ 19.493 $ 19.300 $ 19.493 $ 19.624 $ 19.820 $ 19.624 $ 19.820 $ 20.060 $ 20.261 H23 Equipment Parts Person*; Engineering Aide; Sign Worker; Welder Fabricator 2/04/2007 7/8/2007 H24 Shop Lead worker; Engineering Asst; Highway Lead Worker 2/04/2007 7/8/2007 $ 19.624 $ 19.820 $ 20.060 $ 20.261 $ 20.485 $ 20.690 Step A H16 Highway Account Clerk 2/04/2007 7/8/2007 $ 16.121 $ 16.282 Step B $ 16.430 $ 16.594 Step C $ 16.765 $ 16.933 Step D $ 17.132 $ 17.303 Step E 17.441 17.615 26 APPENDIX B VACATION COMPUTATION The vacation that you earn is due you as of January 1, 2006 and January 1, 2007, unless you are on probation as of that date in which case you will be entitled to the vacation earned as of that date upon completion of probation. Fractional vacation days set forth to be rounded to the nearest half day. TABLE A If your hiring date is: January 1 through January 15 of last year January 16 through February 15 of last year February 16 through March 15 of last year March 16 through April 15 of last year April 16 through May 15 of last year May 16 through June 15 of last year June 16 through July 15 of last year July 16 through August 15 of last year August 16 through September 15 of last year September 16 through October 15 of last year October 16 through November 15 of last year November 16 through December 15 of last year December 16 through December 31 of last year = = = = = = = = = = = = = 10 days or 80 hours or 2 full weeks 9 days - 1 hour 20 minutes 8 days - 2 hours 40 minutes 7 days - 4 hours 6 days - 5 hours 20 minutes 5 days - 6 hours 40 minutes 5 days 4 days - 1 hour 20 minutes 3 days - 2 hours 40 minutes 2 days - 4 hours 1 day - 5 hours 20 minutes 6 hours 40 minutes ------------------ TABLE B If your 6th anniversary fell: January 1 through January 15 of last year January 16 through February 15 of last year February 16 through March 15 of last year March 16 through April 15 of last year April 16 through May 15 of last year May 16 through June 15 of last year June 16 through July 15 of last year July 16 through August 15 of last year August 16 through September 15 of last year September 16 through October 15 of last year October 16 through November 15 of last year November 16 through December 15 of last year December 16 through December 31 of last year = = = = = = = = = = = = = 15 days or 120 hours or 3 full weeks 14 days - 4 hours 40 minutes 14 days - 1 hour 20 minutes 13 days - 6 hours 13 days - 2 hours 40 minutes 12 days - 7 hours 20 minutes 12 days - 4 hours 12 days - 0 hours 40 minutes 11 days - 5 hours 20 minutes 11 days - 2 hours 10 days - 6 hours 40 minutes 10 days - 3 hours 20 minutes 10 days If your 13 th anniversary fell during last year you can determine the amount of vacation you have earned by adding 5 days to the amount shown opposite your anniversary date in Table B. If your 19th anniversary fell during last year, you can determine the amount of vacation you have earned by adding 10 days to the amount shown opposite your anniversary date in Table B. 27