The City of Bellevue, Nebraska
AGREEMENT BETWEEN
THE CITY OF BELLEVUE, NEBRASKA
AND
THE BELLEVUE EMPLOYEE’S ASSOCIATION/NAPE LOCAL 61
October 1, 2004 – September 30, 2005
INDEX
Article 1, Association Recognition …………………………………………………………. Page 1
Article 2, Management Rights ……………………………………………………………………. 2
Article 3, Check Off ………………………………………………………………………………. 3
Article 4, Hours of Work/Overtime ………………………………………………………………. 4
Article 5, Leave Provisions …………………………………………………………………………7
Article 6, Holidays…………………………………………………………………………………. 9
Article 7, Education Compensation ………………………………………………………………. 10
Article 8, Clothing Allowance ……………………………………………………………………. 12
Article 9, Longevity Compensation ………………………………………………………………. 13
Article 10, Wages …………………………………………………………………………………. 14
Article 11, Seniority ………………………………………………………………………………. 15
Article 12, Layoffs and Bumping …………………………………………………………………. 17
Article 13, Insurance ………………………………………………………………………………. 18
Article 14, Retirement ………………………………………………………………………………20
Article 15, Grievance Procedure and Arbitration ………………………………………………….. 21
Article 16, Labor Management Committee …………………………………………………………24
Article 17, Savings Clause .………………………………………………………………………… 25
Article 18, Duration, Acceptance and Reopening of Agreement ……………………………….….. 26
APPENDIX A, NON-MANAGEMENT PAY GRADE/STEP SCHEDULE ………………………. 27
APPENDIX B, JOB CLASSIFICATION SYSTEM …………………………………………………31
APPENDIX C, INSURANCE POLICY …………………………………………………………….. 35
APPENDIX D, AUTHORIZATION FOR PAYROLL DEDUCTION …………………………….. 36
ARTICLE 1
ASSOCIATION RECOGNITION
SECTION 1 The City of Bellevue, (hereinafter "City"), a first class city organized under the Statutes of the State of Nebraska, recognizes the Bellevue Employees' Association (hereinafter "Association" or "Unit") as the sole and exclusive bargaining representative of all regular full time employees (hereinafter "Employee(s)") of the City excluding non civilian employees in the policedepartment and fire departments, supervisory employees and managerial employees as defined in the Nebraska Commission of Industrial Relations Act (hereinafter "Act").
"Supervisory Employees" or "Supervisors" shall mean persons who use independent judgment in hiring, transferring, suspending, laying off, recalling, promoting, discharging, assigning, rewarding, or disciplining other employees; and include those persons who use independent judgment in directing employees, adjusting grievances, or effectively recommending such action An individual is a supervisor if he/she has one or more of the types of authority specified above. Job duties rather than job title are determinative of Supervisor classification. All Association members are eligible for promotion to Supervisor.
Appendix B of this Agreement contains a descriptive listing of all current full-time Employee positions of the City. The City shall have the exclusive right to determine whether any classification established subsequent to the effective date of this Agreement is to be included or excluded from the Unit.
On October 1 and April 1 of each year, upon written request from the Association, the City will provide a roster of all bargaining unit employees, reflecting the employee’s name, current mailing address, job title, pay grade and current base salary.
The City agrees to meet with the Association during the term of this Agreement to discuss conducting a joint survey of an array of comparables for use in future negotiations, and conducting a review of the City’s classification system. In the event of negotiation impasse this language does not prohibit either party from submitting a different array of comparables to the Commission of Industrial Relations
The Parties agree to continue the current practice of allowing bargaining unit employees one (1)hour with pay for the purpose of attending regular monthly meetings of the Association. This one (1) hour of paid time is not to be considered as hours worked for the purpose of computing overtime and must include travel time to and from the work site. In addition, the Association shall provide one calendar week notice of the meeting date, and will subsequently provide a list of the employees who attended each meeting to the employee’s Superintendent, Bureau Commander, Division Manager or Department Head. In the event a work emergency exists the Superintendent, Bureau Commander, Division Manager or Department Head shall have the authority to determine if the employee will be released.
Written reprimands or warnings will be removed from the employee’s personnel record after twelve(12) months.
ARTICLE 2
MANAGEMENT RIGHTS
The Association recognizes the City's right to perform the regular and customary management functions irrespective of this Agreement, including the right of the City to promulgate and enforce reasonable rules and regulations such as the City of Bellevue Personnel Rules and Regulations, which the Association hereby recognizes as governing in all personnel matters. The Association recognizes the right of the City to take discretionary actions not inconsistent with the terms of this Agreement.
ARTICLE 3
CHECK OFF
SECTION 1 Each regular pay period the City shall automatically deduct the amount of the regular Association dues from the pay of each Association member (hereinafter "Member"), provided that at the time of such deduction there is in the possession of the Human Resource Department a current written agreement, executed by the respective Member, in the form and according to the terms of the authorization form attached hereto, marked Appendix 'D" and made a part hereof ("Authorization for Payroll Deduction"). The City shall remit such deductions to the address provided by the Nebraska Association of Public Employees/AFSCME.
SECTION 2 Such deductions of dues shall be made by the City for each regular pay period and continue until such time as the Authorization for Payroll Deduction has been withdrawn by the Employee in writing. and delivered to the, Human Resource Department, with a copy provided to the Association.
SECTION 3 If the employee has signed an Authorization for Payroll Deduction form during his/her first pay period, then no dues shall be deducted until the next pay period, which deduction shall be limited to the amount of the current regular pay period Association dues, and shall not include dues for prior pay periods or any portions thereof.
SECTION 4 Previously signed and unrevoked 'written authorizations shall continue to be effective as to Members reinstated following layoff, leave of absence, or a suspension not exceeding sixty (60) days.
SECTION 5 At the time of the execution of this Agreement, the Association shall advise the Personnel Officer in writing of the exact amount of the regular monthly Association dues for each pay period. If, subsequently, the Association requests The City to deduct additional monthly Association dues, such requests shall be instituted only upon written assurance by the Association to the City that the requested amount is the regular monthly Association dues duly approved in accordance with the Association's constitution and bylaws.
SECTION 6 The City shall not be liable for the remittance of payment of any sums other than those constituting actual deductions made; and if for any reason it fails to make a deduction for any Member as above provided, upon notice from the Association it shall make that deduction from the Member's next pay period in which Association dues are normally deducted, If the City makes an overpayment to the Association, the City will deduct that amount from the next remittance to the Association. The Association agrees to indemnify and hold the City harmless from and against any and all claims,
suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article 3.
SECTION 7 The City agrees to provide this service without charge to the Association.
ARTICLE4
HOURS OF WORK/OVERTIME
SECTION 1 A five (5) day, eight (8) full hours per day, and forty (40) hour work week, or a shift schedule corresponding to more than eight (8) full hours per day but no more than forty (40) hours per week, will be the standard work week for Employees.
SECTION 2 An Employee may, in lieu of overtime compensation, accumulate compensatory time. As used in this Agreement the term "Compensatory Time" means leave time earned at one and one-half (1 1/2) times the number of overtime hours worked. Compensatory Time must be utilized within one (1) calendar year on which it was earned. The amount of Compensatory Time which may be accumulated shall be determined by the City Administrator in accordance with guidelines set out by the Federal Labor Standards Act. Accumulated compensatory time must be utilized prior to the expiration date of this agreement on an annual basis.
The Employee or designated beneficiary thereof shall be promptly paid all accumulated Compensatory Time computed on the basis of the Employee's regular pay as of such Employee's last day of employment with the City.
SECTION 3The work schedules for Employees shall be established by each City department head.
SECTION 4 Work performed by any Employee in excess of eight (8) hours in any work day shall be compensated at a rate of one and one-half (1 1/2) times the regular rate of pay for the number of hours of overtime worked. Work performed by Employees in excess of forty (40) hours in any work week shall be compensated at a rate of pay for the number of hours of overtime worked. Work performed by employees in excess of forty (40) hours in any work week shall be compensated at a rate of one and one-half (11/2) times the regular rate of pay for the number of hours of overtime worked. Paid leave shall not be considered as hours worked in computing overtime.
SECTION 5 If an employee is called to duty during his/her off duty time and such time does not coincide with his/her scheduled work shift, such Employee shall be paid one and one half (1 1/2) times his/her regular rate of pay for the actual number of hours worked or a minimum of two (2) hours at the overtime rate, whichever is greater.
SECTION 6 The hours of work for those Employees in the Street, Mechanic, Park and Wastewater Departments shall be Monday through Friday, starting at 0700, except that the City, in an emergency, shall have the right to temporarily change the starting schedule by two (2) hours.
ARTICLE 5
LEAVE PROVISIONS
SECTION 1 A. COMPUTATION OF VACATION: Vacation time shall be computed as follows: Employees who have completed one (1) year of employment shall be entitled to ninety-six (96) hours of paid vacation; at completion of five (5) years, one hundred thirty six (136) hours vacation; at completion of ten (10) years, one hundred seventy six (176) hours vacation; at completion of twenty (20) years,two hundred sixteen (216) hours vacation; and at completion of twenty-five (25) years,two hundred fifty six (256) hours vacation.
Years of Department Employment Hours of Vacation
Completion of 1 year employment 96 hours Completion of 5 years employment 136 hours Completion of 10 years employment 176 hours Completion of 20 years employment 216 hours Completion of 25 years employment 256 hours
B. USE OF NEW VACATION TIME: For vacation time accruing beginning October 1, 1996, and thereafter ("New Vacation Time"), an Employee may carryover up to one hundred twenty (120) hours of vacation time per year based upon the employee's perspective anniversary date.
C. SETTLEMENT OF ACCRUED VACATION: Upon retirement, resignation, dismissal or death, the Employee or the Employee's designated beneficiary shall be promptly paid all accumulated vacation computed on the basis of the Employee's regular pay as of the employee's last day of employment.
SECTION 2 SCHEDULING VACATION: Employees shall be provided the opportunity to take vacation leave in accordance with time earned as defined in Section 1. In accordance with the staffing needs as determined by the City, Employees shall have the right to select their vacation leave by seniority as defined in Article 11.
SECTION 3 SICK LEAVE: Employees shall earn sick leave at the rate of 12 hours sick leave with pay for each full calendar month of continuous employment. Subject to Section 4, there shall be no maximum amount of accumulated sick leave, but such accumulation cannot be converted into vacation in lieu of sick leave accumulation.
SECTION 4 SICK LEAVE PAYOUT: Employees who terminate their employment after August 1, 1990 shall receive cash reimbursement for accumulated sick leave, provided, however, such cash reimbursement shall be only for one-half the accumulated hours of sick leave not to exceed a maximum cash reimbursement in the amount of one thousand nine hundred twenty (1920) cash hours. The cash payout shall be at the Employee's regular rate of pay at the time of termination. In the event of the Employee's death, this benefit shall apply to the employee's designated beneficiary.
SECTION 5 FUNERAL LEAVE: In the event of the death of an Employee's father, mother, step-parent sister, brother, grandmother, grandfather, grandchild, spouse, or child related by blood, marriage, or adoption, the Employee will be permitted to take funeral leave with pay, not to exceed five (5) consecutive business days, including the day of the funeral.
In the event of the death of the father, mother, sister, brother, grandmother or grandfather of the Employee's spouse, the Employee will be permitted to take funeral leave with pay, but not to exceed three (3) consecutive business days, including the day of the funeral.
In the event of the death of an Employee's aunt, uncle, niece or nephew, the Employee may, with the approval of the City Administrator or his/her designated representative, be permitted to take funeral leave with pay for the day of the funeral.
The above may be extended at the discretion of the city.
Funeral leave shall be considered separate from sick leave, and vacation leave.
SECTION 6 MATERNITY LEAVE: A female employee may use sick leave when unable to perform her normal work duties by reason of pregnancy when supported by a physician's statement certifying that due to the Employee's pregnancy the Employee is unable to perform her normal work duties. An Employee who has exhausted her allowance of sick leave shall be entitled to maternity leave without pay, provided that all maternity leave shall be supported by a physician's statement certifying that due to the Employee's pregnancy the Employee is unable to perform her normal work duties and the physician will not release her to perform her normal work duties.
The Employee shall inform the City Administrator within two weeks after pregnancy has ended of the date she intends to return to work. Upon her reinstatement from maternity leave, the Employee shall be given credit for previous service and accrued retirement benefits, and accumulated seniority.
ARTICLE 6
HOLIDAYS
SECTION 1 The following, together with any other days that my be so designated by
the City, shall be paid holidays for all Employees (hereinafter "Holiday")
1. New Year's Day
2. Martin Luther King's Birthday
3. Presidents' Birthday
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day Alter Thanksgiving Day
10. Christmas Day
11. Employee's Birthday (per respective Employee)
SECTION 2 Each Employee who is not required to be on work duty will be allowed to be absent from work with pay on a Holiday. However, in order to receive pay for a Holiday, an Employee must not have been absent without pay on the work day immediately preceding or immediately following the
Holiday unless excused in writing by the Employee's Supervisor.
SECTION 3 The Holiday shall be observed on the same day the City observes the Holiday. An Employee's birthday Holiday shall be observed on the Employee's actual birth date.
SECTION 4 If a holiday occurs while an Employee is on Worker's Compensation or other disability compensation, no credit for the holiday shall be allowed.
SECTION 5 An Employee required to work on a Holiday shall be compensated at the rate of one and one half (1 1/2) times the Employee's regular rate of pay for the actual number of hours worked, in addition to the Employee's regular pay.
SECTION 6 When a holiday occurs on a Saturday, it shall be observed on the preceding Friday. When a holiday occurs on a Sunday, it shall be observed on the following Monday.
ARTICLE 7
EDUCATION COMPENSATION
SECTION 1 In addition to regular hourly wages, Employees shall receive educational compensation according to the following schedule:
A. Upon successful completion of 30 accredited higher Education' (hereinafter defined) credit hours - $5.00 per month.
B. Upon completion of 60 accredited Higher Education credit hours - an additional $5.00 per month.
C. Upon completion of 90 accredited Higher Education credit hours - an additional $5.00 per month.
D. Upon receipt of a Bachelors Degree - an additional $5.00 per month.
HIGHER EDUCATION: Education beyond high school which is defined specifically as that provided by colleges, graduate schools, professional schools, trade schools, and metro or community colleges.
A Journeyman's licensewill be compensated in accordance with paragraph (A) above.
A Master's license/Contractor’s License will be compensated in accordance with paragraph (B) above.
SECTION 2 The City Administrator shall be the individual vested with the authority to approve all applications for education compensation covered by the Article. All classes registered for must be job and /or career related and approved in advance in writing by the City Administrator. Before education compensation will be awarded in accordance with the schedule outlined in Section 1 the applicant must succeed in accomplishing a "C" grade or better.
SECTION 3 Application of this Article may include, but not be limited to, the following successfully completed items:
A . Job related conferences or seminars,
B. Any apprentice or on-the-job training programs,
C. Any trade license,
D. Prior certification programs (i.e. DD-2 14 Discharge Form),
or
E. Home correspondence courses verified by certification from the educational institute.
ARTICLE 8
CLOTHING ALLOWANCE
SECTION 1 When safety boots are required as standard equipment for reasons of safety, effectiveness, or efficiency of operation, as determined by the City's Safety Committee, the boots shall be charged to the City; provided, however that the amount charged shall not exceed one' hundred twenty-five dollars ($125.00). Per Agreement year, the City shall pay one hundred percent (100%) of each amount charged until such time as the allowance limit of one hundred twenty-five dollars ($125.00) has been reached. Thereafter, the Employee shall pay all costs for required safety boots. The status of each Employee's boot allowance account shall be provided upon the request of the Employee.
SECTION 2 The City will provide uniforms, in the appropriate issue, on a rental basis for those Employees in the Mechanic, Street, Wastewater, Human Services, Permits and Inspection, Parks, andCode Enforcement Departments that choose to wear such uniform.