HomeMy WebLinkAboutDoc 461 - Labor Agrmt - 9-1-1 Employee AssnDeschutes County Board of Commissioners•
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of August 19, 2013
DATE: August 7,2013
FROM: Erik Kropp Administrative Services ext. 6584
TITLE OF AGENDA ITEM:
Consideration and approval of Contract No. 2013-461, a Collective Bargaining Agreement between
Deschutes County and the Deschutes 9-1-1-Employees Association.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Deschutes 9-1-1 Employees Association is the labor union representing non-supervisory and
non-confidential employees in the Deschutes County 911 Service District. The current collective
bargaining agreement between the Deschutes 9-1-1 Employees Association and the County expired
on June 30, 2011.
The new collective bargaining agreement is a 4-year contract, effective July 1,2012 -June 30,
2016. The agreement includes a 2.9% cost of living adjustment (based on CPI) retroactive to July 1,
2012; a COLA freeze for Fiscal Year 2013-14; and a 1.5 -3.5% cost of living adjustment July 1,
2014 and July 1,2015 based on the consumer price index. The agreement also includes an
employee health insurance monthly premium of up to 7.5% of the per-FTE cost for the 2013-14
fiscal year; up to 8.5% of the per-FTE cost for fiscal year 2014-15, and up to 9.5% of the per-FTE
cost for fiscal year 2015-16.
The County's bargaining team included Christopher Bell, Rob Poirier, Sara Crosswhite, Bruce Bischof,
Dave Inbody, Debbie Legg, and Erik Kropp. The County's bargaining team tentatively agreed to the
collective bargaining agreement and recommends its approval.
Employees represented by the Deschutes County 9-1-1 Employees Association voted and ratified the
labor agreement the week of August 5, 2013.
FISCAL IMPLICATIONS: I
The fiscal impact of the cost ofliving increase has been included in the FY 2013-14 budget for the 911
Service District. For FY 2014-15 and FY 20-15-16 the fiscal impacts of the cost ofliving increases will
be included as part of the budget process for those years. I
RECOMMENDATION & ACTION REQUESTED I
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Staff recommends approval of Contract No. 2013-461, a Collective Bargaining Agreement between
Deschutes County and the Deschutes 9-1-1- Employees Association. f
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• ATTENDANCE: Deputy County Administrator Erik Kropp and 911 Operations Manager Sara
, Crosswhite.
DISTRIBUTION OF DOCUMENTS:
County Counsel's Office
Personnel Department
County Administrator's Office
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DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This fonn is required to be submitted with ALL contracts and other agreements. regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Fonn is also required. If this fonn is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this fonn with your documents, please submit this fonn
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: !AUgust 8, 201~ Department: !Admin. Service~
Contractor/Supplier/Consultant Name: 911 Em 10 ees Association
Contractor Contact: 1 1 Contractor Phone #:
L------.J
Type of Document: Collective Bargaining Agreement.
Goods and/or Services: Labor contract between Deschutes County 911 Service
District and the Deschutes 911 Employees Association.
Background & History:
The Deschutes 9-1-1 Employees Association is the labor union representing non
supervisory and non-confidential employees in Deschutes County 911 Service District.
The current collective bargaining agreement between Deschutes 9-1-1 Employees
Association and the County expired on June 30, 2011.
The new collective bargaining agreement is a 4-year contract, effective July 1, 2012
June 30,2016. The agreement includes a 2.9% cost of living adjustment (based on CPI)
retroactive to July 1,2012; a COLA freeze for Fiscal Year 2013-14; and a 1.5 -3.5%
cost of living adjustment July 1,2014 and July 1,2015 based on the consumer price
index. The agreement also includes an employee health insurance monthly premium of
up to 7.5% ofthe per-FTE cost for the 2013-14 fiscal year; up to 8.5% of the per-FTE
cost for fiscal year 2014-15, and up to 9.5% of the per-FTE cost for fiscal year 2015-16.
The County's bargaining team included Christopher Bell, Rob Poirier, Sara Crosswhite,
Bruce Bischof, Dave Inbody, Debbie Legg, and Erik Kropp. The County's bargaining
team tentatively agreed to the collective bargaining agreement and recommends its
approval.
Employees represented by the Deschutes County 9-1-1 Employees Association voted
to ratify the labor agreement the week of August 5, 2013.
Agreement Starting Date: lli!!ij, 20121 Ending Date: pune 30, 201 ij
Annual Value or Total Payment: 1------.J
D Insurance Certificate Receiied (cleck box)
Insurance Expiration Date:
Check all that apply:
8/8/2013
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
D Exempt from RFP, Solicitation or Bid Process (specify see DCC §2.37)
Funding Source: (Included in current budget? DYes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? DYes D No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: DYes D No
Contact information for the person responsible for grant compliance:
Name:
Phone #:
L-I_--'
Departmental Contact and Title: b,'le... K"""f( I Phone #: ~5"g Y
lk pu-t'1 A-J jV'rI~I·~;(,,11'
Department Director Approval: ~fh4"j
Signature ,
g/1>/IJ
• Date
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Official Review:
County Signature Required (check one): ¢'BOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. )
~
Legal Review ~Date e I \ '5 )13
Document Number~OI3-<f 0/ I
8/812013
REVIEWED J
AGREEMENT C.J$
BETWEEN LEGAL COUN"n
DESCHUTES COUNTY 9-1-1 SERVICE DISTRICT
AND
DESCHUTES 9-1-1
EMPLOYEES ASSOCIATION
July 1,2012 -June 30,2016
OC-20 3-4 ~1
SECTION TITLE
f1. PreaIIlbIe and Scope .........................................................................3
2. Recognition ......................................................................................3
3. Check Off and Service Fees ............................................................. 3
4. Management Rights .........................................................................4 \,
5. No Strikes and No Lockouts ............................................................6
6. Association Business and Agreement Renewal ...............................6
7. Bulletin Board ..................................................................................7
8. Outside Employment .......................................................................7
9. Seniority and Layoff ........................................................................8
10. Hours of Work .................................................................................9
11. Compensation ................................................................................1 0
12. Travel & Training Time .................................................................13
13. Working Out of Classification .......................................................13
14. Mileage and Expenses ....................................................................13
15. Pay Steps ........................................................................................14
16. Overtime ........................................................................................ 14
17. Court Time ..................................................................................... 1 7
18. Call Back Time ..............................................................................18
19. Holidays .........................................................................................18
20. Time Management .........................................................................19
21. Sick Leave ......................................................................................20
22. Worker's Compensation ................................................................21
23. Leave of Absence With Pay ...........................................................21
24. Leave of Absence Without Pay ......................................................22
25. Other Leaves ..................................................................................22
26. Retirement ......................................................................................22
27. Insurance ........................................................................................22
28. Grievance Procedure ......................................................................24
29. Discipline and Discharge ...............................................................25
30. Probationary Period .......................................................................26
31. Personnel File .................................................................................27
32. Rules ..............................................................................................27
33. LaborlManagement Committee .....................................................28
34. Funding ..........................................................................................28
35. Savings Clause ...............................................................................29
36. Duration .........................................................................................29
Appendix "A" Salary Schedule .............................................................................30
Appendix "B" Time Management .........................................................................31
Deschutes 9-1-1 Employees Association
July 1, 2012 -June 30, 2016
Page 2 of37
AGREEMENT BETWEEN DESCHUTES COUNTY 9-1-1 SERVICE DISTRICT
AND
DESCHUTES 9-1-1 EMPLOYEES ASSOCIATION
That certain Agreement by and between Deschutes County 9-1-1 Service District, a
County Service District, and Deschutes 9-1-1 Employees Association.
1. PREAMBLE AND SCOPE
A. This Agreement is entered into by and between the Deschutes County 9-1-1
Service District, a County Service District, ("District", ), and the Deschutes 9-1-1
Employees Association, ("Association"). As used in this Agreement, the term
"Director" shall at all times refer to the District's Director or the Director's
designee.
B. This Agreement shall apply to regular full-time Deschutes County 9-1-1 Service
District personnel, excluding elected officials, supervisors, confidential
employees and volunteers.
2. RECOGNITION
A. The District recognizes the Association as the sole and exclusive representative
with respect to wages, hours and specified conditions of employment, for all
regular, full-time employees included in the bargaining unit, as set out below.
1. Telecommunicator I
2. Telecommunicator II
3. Telecommunicator III
B. In the event the Director determines the need for a new classification, the
Association will be notified, and thereafter, the Association shall have the right to
negotiate with the Director regarding the salary range. Should the parties be
unable to reach an agreement as to the appropriate salary, the parties will utilize
the statutory mid-contract bargaining process which shall not last longer than 30
days.
3. CHECK-OFF AND SERVICE FEES
A. Every employee within the bargaining unit must, within thirty (30) days of
commencing such employment, either (1) become a member of the Association
Deschutes 9-1-1 Employees Association
July 1, 2012 -June 30, 2016
Page 3 of37
and sign and deliver to the District an authorization allowing the deduction of the
Association's monthly dues from employee's pay; or (2) sign and deliver to the
District an authorization allowing the District to deduct from the employee's pay
a monthly service fee in lieu of dues, in an amount to be certified by the
Association to the District.
B. Notwithstanding the above, the Association expressly agrees that it will safeguard
the rights of non-Association employees based upon bona fide religious tenets or
teachings of a church or religious body of which such employee is a member. An
employee who chooses not to become a member of the Association based upon
bona fide religious tenets or the teaching of a church or religious body of which
the employee is a member shall pay the monthly service fee referred to above to a
nonreligious charity mutually agreed upon by the employee making such payment
and the Association, or in lieu thereof, the employee shall request such monthly
service fee payments not be deducted and shall make such payment to a charity as
heretofore stated and shall furnish written proof to the Association and the
District, when requested, that this has been done.
C. The amounts to be deducted as Association dues shall be certified to the District
by the Treasurer of the Association, and the aggregate deductions of all
employees shall be remitted to the Treasurer of the Association by the District by
no later than the 5th day of the succeeding month after such deductions are made.
The amount to be deducted by the District shall be determined by the Association
who will so notify the District in writing.
D. The District will furnish to the Association each month the Association's
monthly dues payment and a listing of all employees covered by this Agreement
who are paying monthly Association dues. Such listing shall contain the names of
the employees, hire dates, and the job classification of each employee.
E. The Association agrees that it will indemnify, defend and hold the District
harmless from all suits, actions, proceedings or claims against the District or
persons acting on behalf of the District, whether for damages, compensation,
reinstatement or any combination thereof, involving the application of this
Section. In the event an arbitrator, or a court or administrative agency of
competent jurisdiction decides that any part of this Section is invalid and/or that
reimbursement of the monthly service fee to a non-Association employee must be
made, the Association shall be solely responsible for such reimbursement.
4. MANAGEMENT RIGHTS
A. The rights of the Association and employees are limited to those specified by the
terms of this Agreement. The District retains all the customary, usual and
exclusive rights, decision-making prerogatives, functions, and authority connected
with, or in any way incident to its responsibility to manage the affairs of the
Deschutes 9-1-1 Employees Association
July 1,2012 -June 30, 2016
Page 4 of37 I
District. The District shall have no obligation to bargain with the Association
with respect to any such subjects or the exercise of its discretion and decision
making with regard thereto, any subjects covered by the terms of this Agreement
and closed to further bargaining for the term hereof, or any subject which was or
might have been raised in the course of collective bargaining, except as provided
in O.R.S. 243.698, with section (4) ofthe statute modified by changing the 90 day
bargaining period to 30 days.
B. Without limitation, but by way of illustration, the exclusive prerogatives,
functions, and rights ofthe District shall include the following:
1. To determine the service to be rendered to the citizens of the District
jurisdiction.
2. To direct and supervise all operations, functions and policies of the
Department in which the employees in the bargaining unit are employed,
and operations, functions and policies in the remainder of the District as
they may affect employees in the bargaining unit.
3. To close or liquidate an office, branch, operation or facility, or combination
of facilities, or to relocate, reorganize or combine the work of divisions,
branches, operations or facilities for budgetary or other reasons.
4. To determine the need for a reduction or an increase in the work force and
the implementation of any decision with regard thereto.
5. To establish, revise and implement standards for hiring, classification,
promotion, quality of work safety, materials, equipment, uniforms,
appearance, methods, and procedures.
6. To implement new, and to revise or discard, wholly or in part, old methods,
policies, procedures, materials, equipment, facilities and standards.
7. To assign and distribute work.
8. To assign shifts, workdays, hours of work and work locations.
9. To designate and to assign all work duties.
10. To introduce new duties and to revise job classifications and duties within
the bargaining unit.
11. To determine the need for and the qualifications of new employees, transfers
and promotions.
Deschutes 9-1-1 Employees Association
July 1, 2012 -June 30,2016
Page 5 of37
12. To discipline, suspend, demote or discharge an employee so long as such
action is with just cause.
13. To detennine the need for additional educational course, training programs,
on-the-job training and cross-training, and to assign employees to such
duties for periods to be detennined by the District.
5. NO STRIKES AND NO LOCKOUTS
A. The Association and employees within the bargaining unit, as individuals or a
group, will not initiate, cause, promote, pennit, participate in or join in any strike,
work stoppage, or slow-down, picketing or any other restrictions of work at any
location. While acting in the course of their employment, employees shall not
honor any picket line, except that such picket line may be honored if crossing the
picket line would be unreasonably dangerous or hazardous to the employee.
Disciplinary action, including discharge, may be taken by the District against any
employee or employees engaged in a violation of this Section. Such disciplinary
action shall be undertaken uniformly and shall not preclude or restrict recourse to
any other remedies, including an action for damages, which, by reason of this
Agreement, shall be available to the District.
B. The District agrees that there will be no lockouts during the tenn of this
Agreement.
C. In the event of strike, work stoppage, slow-down, picketing, observance of a
picket line, or other restriction of work in any form, either on the basis of
individual choice or collective conduct of employees, the Association will
immediately use every good faith effort to ensure an orderly return to work. This
obligation and the obligation set forth above shall not be affected or limited by the
subject matter involved in the dispute giving rise to the stoppage, or by whether
such subject matter is or is not subject to the provisions of this Agreement.
6. ASSOCIATION BUSINESS AND AGREEMENT RENEWAL
A. Employees elected to serve as authorized representatives of the Association shall
perform their duties as representatives of the Association on their own time,
except as provided in subsection B of this Section.
B. The District shall allow up to the combined total of fifty (50) hours of on-duty
time per year to the authorized representatives of the Association for the purpose
of conducting Association business upon prior approval of the Director. No
overtime shall be paid for Association business. Time spent meeting with the
Director or the Director's designee at the Director's request, and time spent in the
Deschutes 9-1-1 Employees Association
July 1,2012 -June 30,2016
Page 6of37
County's Employee Benefits Advisory Committee meetings shall not count
towards the 50 hours.
C. The Association shall be eligible to use the District copier, fax and telephones.
Any cost incurred by the District for said use shall be reimbursed to the District
by the Association.
D. The District agrees that a designated Association Representative, upon reasonable
and proper introduction, shall have reasonable access to the premises of the
District at any time during working hours for the purpose of assisting the
administration of this Agreement.
7. BULLETIN BOARD
A. The District agrees to maintain a minimum of four (4) square feet of bulletin
board space in each separate division and/or building used by District personnel to
be used by the Association.
8. OUTSIDE EMPLOYMENT
A. An employee who wishes to work for another employer shall request approval
from the Director. Authorization for an employee to engage in outside
employment shall be granted by the Director if the employment meets the
following conditions:
1. The employment must not conflict with the employee's work for the
District.
2. The employment must in no way be a discredit to the District.
3. The employment must in no way detract from the efficiency of the
employee's duties for the District.
4. In any situation where extra duty will be necessary in the employee's
District work, such extra duty will take precedence over the employee's
outside employment.
5. No employee shall perform any service or employment during District
working hours for which the employee receives additional outside
compensation.
B. The Director may withdraw authorization for any outside employment if the
employee or employment if the employee or employment violates any of the
conditions set forth in Section A above.
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Deschutes 9-1-1 Employees Association
July 1,2012 June 30, 2016
Page 7 of37
9. SENIORITY AND LAYOFF
A. Seniority, as used in this Agreement, is determined by the length of an
employee's continuous full-time service with the District. Unless leave is
protected leave under FMLA or OFLA, an employee will cease accruing
seniority at the end of a pay period when the employee begins an approved leave
of absence without pay of more than thirty-one (31) days; however such employee
shall not lose any seniority already accrued. An employee will resume accruing
seniority again from the beginning of the pay period when the employee returns to
work. Seniority shall be frozen should an employee accept promotion outside of
the bargaining unit.
B. The District will provide the Association with a copy of the seniority list upon
request from the Association, which will then be posted on the bulletin board.
C. An employee shall lose all seniority in the event of a voluntary resignation,
discharge for cause, is laid off and fails to respond to written notice as provided in
Section 9, Paragraph E of this Agreement, is laid off work for a period of time
greater than twenty-four (24) months, fails to report to work at the termination of
an extended leave of absence, or while on a leave of absence accepts employment
without permission, or is retired.
D. Layoff shall be in the inverse order of seniority within classification, by District
seniority, with the exception that a less senior employee with the special skill of
being bilingual in Spanish as provided in Section II.Liii, may be retained over a
more senior employee or employees. If an employee is laid off, that employee
may elect to displace an employee in a lower classification at a lesser pay range
provided that the employee electing to displace another has greater District
seniority and is qualified to perform the lower classification. An employee must
notify the District ofhis/her decision to displace another employee within six (6)
working days of receipt of the layoff notice. The employee displaced by this
process must be the employee with the least District seniority in the lower
classification. An employee subject to layoff displacement may, in turn, invoke
this displacement process if such an opportunity exists.
E. Employees shall be recalled in the inverse order of layoff, that is, the laid off
employee with the most seniority will be the first employee recalled. An
employee's failure to respond to a recall notice as specified by Section 9.C of this
Agreement, shall constitute a waiver of the employee's recall rights. In the case
of a tie in seniority, the employee with the earliest birth month and date shall win
the tie.
Deschutes 9-1-1 Employees Association
July 1, 2012 -June 30,2016
Page 8 of37
10. HOURS OF WORK
A. The regular hours of work each day shall be consecutive and shall include a one
half (112) hour paid lunch period.
B. A normal work day shall consist of eight (8) hours per day on the basis of a five
(S) day work week (S-8 plan), ten (10) hours per day on the basis of a four (4) day
work week (4-10), or twelve hours (12) per day on the basis of a (4-12) plan.
C. A normal work week shall begin Sunday and end on Saturday and shall consist of
S consecutive work days with 2 consecutive days off for a (S-8) plan, 4
consecutive work days with 3 consecutive days off for a (4-10) plan and 4
consecutive work days with 4 consecutive days off in an 8 day week for a (4-12)
plan.
D. An employee may substitute for another employee on a shift under the following
provisions:
1. Employees may request shift substitutions and the Director shall
not unreasonably deny the request. Employees may request to
allow one employee (the "covering employee") to substitute for
another employee (the "assigned employee") in the assigned
employee's originally assigned shift. The employees shall make
the request by submitting a shift substitution form to the Director
or designee. The Director or designee shall indicate approval or
disapprOVal of the request and return the form to the employees.
2. No employee may work anyone shift longer than sixteen (16)
consecutive hours.
3. The covering employee must be trained and qualified to perform
the functions of the assigned employee.
4. The covering employee shall receive no compensation for working
the substituted shift. The District shall compensate the assigned
employee at the assigned employee's regular rate of pay including
any available premiums such as overtime or Holiday Pay. The
District shall incur no additional premium costs as a result of the
substitution.
S. Once the Director or designee has approved the substitution, the
covering employee assumes responsibility for the coverage of the
shift. In the event the covering employee is excused from all or
part of the covered shift for reasons including illness or additional
time off, the leave time shall be charged to the covering
employee's account.
Deschutes 9-1-1 Employees Association
July 1,2012 -June 30, 2016
Page 9 of37
E. Work schedules showing the employee's work days and hours shall be posted on
the departmental bulletin board. Except for special or emergency situations, and
for the duration of the special or emergency situation, changes in work schedules
shall be posted seven (7) days prior to the effective date ofthe change.
F. Should the present plan for hours worked, days off and shift rotation plan be
changed by the District, the District agrees to negotiate the impact of such change
as provided in the Oregon Public Employees Collective Bargaining Act.
o. Employees shall be allowed to leave the building during their lunch as long as
minimum staffing levels are maintained and user/public safety is not
compromised. In addition, Supervisors may require that employees remain on
premise during their lunch period if an emergency situation dictates the possible
need for additional staffing.
H. Employees shall be given the opportunity to bid for shifts and teams for the
following year, within each classification, based on seniority, provided that the
District may override the bid and reassign an employee if required by the
District's reasonable operating needs. If the District reassigns an employee the
District will provide the employee with an explanation of the reasons for the
reassignment. This process shall take place at a time sufficient to allow for
vacation sign ups to commence in October. This provision shall not be grievable
beyond step three (3) ofthe grievance procedure.
I. Hourly Rate Pay Calculations for the 4 x 12 Work Week.
It is agreed by the Deschutes 9-1-1 Employees Association and the Deschutes
County 9-1-1 Service District that the following procedures will be used to
calculate hourly rate ofpay:
1. All full-time employees shall receive their full monthly salary as a base
minimum, provided the employee works or is on paid status for hislher
regularly scheduled hours. Base pay calculations will be based on an
average of 182.5 hours per month. When an employee works more than 40
hours in a workweek (Sunday -Saturday), the employee will be
compensated at a rate of 1.5 times per hour of overtime worked.
2. For the purpose of calculating overtime, hours worked include all paid time
except time used for sick leave is excluded from hours worked.
3. Lead and FTO premiums will be based on 182.5 hour work months as long
as the 4x12 schedule remains in effect.
4. If employees return to a 40 hour workweek, either 5x8 or 4xlO, the monthly
base pay calculations will be redone based on a 173.33 hour work month.
Deschutes 9-1-1 Employees Association
July 1, 2012 -June 30,2016
Page 100f37
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J. Long-tenn shift trades.
1. Long-tenn shift trades arise when two employees request and receive
pennission from the Director to trade their assigned shifts on an ongoing
basis.
2. Employees may request long-tenn shift trades and the Director shall not
unreasonably deny such requests.
3. Approval of a long-tenn shift trade results in a new schedule for each
employee involved in such a trade and each employee is committed to their
new schedule for the duration of the time period of the approved trade as if
it was the shift the employee originally obtained during the shift-bidding
process.
4. Each employee involved in a long-tenn shift trade shall accrue and accept
any increase or loss in compensation (e.g. Holiday Pay) or other employee
benefits that result from the trade. I
11. COMPENSATION I
A. Wages for employees in the bargaining unit shall be in accordance with the salary
schedule in the Appendixes which are attached hereto and by this reference
incorporated herein.
B. Longevity Pay. Employees who have worked continuously for the District
or its predecessor agencies, shall receive an additional amount of pay per month
for each five years of continuous full-time service worked.
$65.00 FY 2012/13
$67.50 FY 2013114
$70.00 FY 2014/15
$72.50 FY 2015116
Longevity pay shall tenninate in the event of the following:
1. Voluntary tennination for greater than three (3) months except under special
circumstances to be detennined by the Director.
2. Discharge for Cause.
3. A lay-off period for greater than eighteen (18) months. Time off during lay
offperiod shall not count toward longevity accrual.
Deschutes 9-1-1 Employees Association
July 1, 2012 -June 30,2016
Page 11 of37
4. Failure to report to work at the termination of an extended leave of absence. I
5. Acceptance of employment without permission while on leave of absence. I,
6. Retirement. t
C. Pay Periods. Employees shall be paid on a monthly basis, and shall receive the f
check on the last working day of the month. In the event the regular pay day shall Ifall on a Saturday, Sunday, or a District recognized holiday, the last preceding iregular work day shall be the regular pay day in lieu of the last day of the month.
D. Training Premium:
1. Employees, who are qualified and approved to be a Field Training Officer
I
rwill have the opportunity to train. Tasks involved in training and
qualifications for such are further defined in the Deschutes County 9-1-1
Service District Field Training Officer Policy.
2. The District shall pay employees covered by this Agreement a 10%
premium above their base rate for the hours spent doing training. Employees
who are not certified as an FTO but may be temporarily assigned to that
position shall also be paid the 10% premium for actual time spent in that
assignment.
E. Lead Dispatcher Premium: I1. Lead Dispatcher Premium -An employee designated as a Lead Dispatcher
will receive premium pay of 7.5% of the employee's monthly base salary,
for each month during which the employee is designated to serve as a Lead.
2. The intention of this position is to serve as a training and development tool
for employees seeking to advance in the District, as well as to provide for
additional supervision of the work performed when a regular full time
supervisor is not present.
3. To qualify as a Lead Dispatcher, employees will be required to submit a
written request for consideration which outlines their qualifications; must
"meet standards" in each category of their most recent performance
evaluation; and, must have the endorsement of their immediate supervisor.
The final decision on who is assigned will rest with the Director. This is not
intended to be a permanent classification, and at the discretion of the
Director, employees may be rotated through available positions.
4. When serving as Lead Dispatcher, employees will have the status of an
"Acting Supervisor" and must be willing to assume the responsibilities that
Deschutes 9-1-1 Employees Association
July 1,2012 -June 30, 2016
Page 12 of37
go with the position. These would include insuring that the rules and
regulations of the District are followed. Lead Dispatchers are not expected
to administer discipline, but they are expected to ensure that any
inappropriate conduct that comes to their attention is immediately
addressed. They are also expected to report violations of policy to their
supervisor.
F. On-Call Personnel:
1. The Association will supply the District with an on-call personnel list for the
purpose of shift vacancy coverage. The on-call person will be supplied with
a pager by the District and when on call, will be within one hour response of
the District.
2. The on-call list will be kept current by the Association. The on-call person
will be responsible for covering or assuring coverage of a shift vacancy
during their on-call assignment.
3. Compensation for the on-call person will be at the rate of 6 (six) hours of
comp time or 6 (six) hours of straight-time pay, per day, at the choice of the
employee. Staff called in to work will be compensated at the overtime rate.
O. Coverage of Unscheduled Absences. Effective January 1,2014, the District may
choose to ensure adequate staffing by use of the On-Call Personnel system
defined in Section 11.F or by use of the following staffing incentive system:
1. The District will first attempt to cover the shortage using existing staff on
duty, including trainees who are qualified to cover the vacancy, shift
supervisors, the training coordinator or the operations manager, if
available.
2. If adequate staffing has not been achieved, the District will then ask
employees who are on duty to hold over on a voluntary basis and will
compensate the extra hours at double-time (2 times the employee's regular
rate of pay converted to an hourly rate) or the equivalent number of hours
as compensatory time off.
3. If adequate staffing has not been achieved, the District will then send out
an "all-call" page in an attempt to find a volunteer to cover the shortage.
Any employee who responds to the "all-call" page and covers the shortage
will be compensated at double-time (2 times the employee's regular rate
of pay converted to an hourly rate) or the equivalent number of hours as
compensatory time off.
4. If adequate staffing has not been achieved, the District will call employees
from the call-back list in reverse order of seniority. The District will
require the first employee who is available and fit for duty to report to
work. The District will compensate the employee assigned to report to
work in accordance with the provisions of Section 18 and at the usual
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overtime rate (1 Ya times the employee's regular rate of pay converted to
an hourly rate) or the equivalent number of hours as compensatory time
off.
5. If adequate staffing has not been achieved, the District will require an
employee currently on duty to remain on duty beyond the end of the
employee's shift. Employees who are assigned to hold over in this fashion
will be compensated at double-time (2 times the employee's regular rate
of pay converted to an hourly rate) or the equivalent number of hours as
compensatory time off.
H. Educational Expenses:
1. The District will reimburse 50% of tuition for classes leading toward
AAJAS or BAlBs degree in; a.) Criminal Justice, b.) Fire Science, c.)
Business Management, d.) Computer Science, or e.) Communications. Such
reimbursement would be applied to any class needed to fulfill degree
requirements, subject to approval. Applicant must be a declared degree
seeker, or the specific class(es) must be directly job-related.
2. Applicant must be an employee of the District for at least two years prior to
the beginning of the requested class( es).
3. Applicant must receive a "C" grade or better.
4. Funds must be available.
5. Requests are subject to prior approval.
I. Certification Pay:
i. The District shall pay certification pay of five (5) percent of base pay to
employees who have received an Intermediate Telecommunicator
Certificate.
11. The District shall pay certification pay of nine (9) percent of base pay to
employees who have received an Advanced Telecommunicator Certificate.
111. Employees who are bilingual in Spanish at the intermediate level shall
receive $125.00 per month.
12. TRAVEL AND TRAINING TIME
A. Out of town travel is covered by two sets of rules, depending on whether the
assignment is for one day or requires an overnight stay. If an employee is given a
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one-day assignment in another city that does not require an overnight stay, all the
time spent traveling between cities is counted as hours worked. However, time
spent traveling between the employee's home and the airport (during the
employee's departure or return) is not considered to be work time because it is the
equivalent of travel between work and home.
B. If the employee's out-of-town assignment requires an overnight stay, time spent
traveling to and from the other city during normal work hours (including during a
normally scheduled day oft) will be compensated at the employee's base rate of
pay. No overtime will be paid for travel time when an overnight stay is involved,
unless the total hours for the training and travel exceed what hours the employee's
normal workweek would encompass. When travel time falls outside of an
employee's normal work hours, the travel time shall be compensated if such
travel time is by automobile (either as driver or as passenger) and not paid if such
travel is via airplane. In situations such as these, the training shall be pre-planned
and the employee's schedule may be adjusted to minimize additional hours that
will be worked in excess of their normally scheduled hours for the week. In cases
where training exceeds the normally scheduled hours for the week, overtime will
be paid.
13. WORKING OUT OF CLASSIFICATION
Any employee assigned to perform the functions of a higher classification for
more than three continuous working shifts shall receive the pay for the higher
classification or a 10% premium of the employee's regular wage, whichever is
greater.
14. MILEAGE AND EXPENSES
Reimbursement for travel and other incidental expenses will be made by the
District as provided in the then-current Travel and/or Miscellaneous Expense
policies of Deschutes County.
15. PAY STEPS
A. An employee will receive an automatic step increase after successful
completion of initial, new hire training. This date will become the anniversary
date.
B. Employees who are promoted into a higher salary classification will
receive no less than a five percent 5% wage increase above the wage last received
before the promotion. Promotion and reclassification will become effective only
upon successful completion of training required by the District. The date of
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successful completion of training required by the District in order to be promoted
will become the new anniversary date of the promoted employee.
C. An employee is eligible for a step increase on the first of the month
following the employee's anniversary date in their current classification. An
employee is eligible for step increases annually thereafter, until the employee
reaches the top ofthe range in that classification.
D. Annual step increases shall be granted for employees who meet
perfonnance standards and have not reached the top step oftheir salary range.
E. Individual perfonnance evaluations are not grievable. However, the
denial of a step increase may be grieved by the Association.
16. OVERTIME
A. Overtime as used in this Agreement, shall mean that time an employee is
authorized and directed to work in excess of employee's normal work week
and/or work day.
B. Overtime shall be computed to the nearest 15 minutes.
C. Overtime shall be paid at a rate of time and one-half ( 1 Yz) times the
regular rate of pay converted to an hourly rate.
D. There shall be no pyramiding of overtime.
E. Overtime opportunities that can be scheduled in advance shall be posted
for voluntary sign-up two weeks (14 days) in advance. In the event there are
multiple volunteers for an overtime shift, the employee with the most overall
seniority shall be eligible for the shift. In the event a shift remains vacant due to a
lack ofvolunteers, the shift shall be assigned in the following manner:
1. Overtime will be assigned in order of reverse seniority, within that
employee's currently assigned classification. For each classification, one
rotating assignment list shall be maintained, in order of reverse seniority. If
an employee changes classifications within the bargaining unit, the
employee's seniority will not change.
2. For the purposes of this section, a "round" is defined as
completing one full succession, from top to bottom, of the assignment list of
employees within a classification. Employees unavailable for one or more
rounds should nonnally be assigned additional shifts of an equal amount
prior to the assignment of other employees.
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Assignments should be made from the oldest "round" in existence,
whenever possible, to ensure the equal distribution of assigned overtime
shifts. This may result in more-senior employees being assigned prior to
less-senior employees, and could also result in multiple assignments to a
single employee prior to the assignment of other employees.
3. Seniority lists documenting assignment rounds when mandatory
overtime is required shall be continuous from year to year.
4. Employees released from training shall be introduced to the
appropriate assignment list by seniority, but shall be given a "pass" for all
except the most recent existing assignment round. Assignments from
previous rounds shall still take precedence prior to the assignment of the
newly released employee. (For example, employees with greater seniority,
who were skipped during previous assignment rounds due to unavailability,
would still need to fulfill their assignments, if possible. Once those rounds
were complete -or if there were no available employees in prior rounds
the newly released employee would be assigned as appropriate).
5. Generally, mandatory overtime assignments shall be conducted in
the following order:
a. Call-taking overtime shifts shall be assigned to available
Telecommunications Call Takers (call takers), in chronological order,
from the Call Taker assignment list. Shifts for which there is no
available call taker shall be skipped.
b. Remaining call-taking overtime shifts shall be combined
with any fire overtime shifts, and shall be assigned in chronological
order to Telecommunications FirelEMS Specialists (fire dispatchers).
Shifts of either type, for which there is no available fire dispatcher,
shall be skipped.
c. Remaining shifts of any type shall be assigned, in
chronological order, to Telecommunications Specialists (police
dispatchers).
6. An employee shall not be assigned mandatory overtime if:
a. The employee is already working during part or all of the
scheduled overtime shift; or,
b. The employee is on pre-approved time off (including days
before or following a primary vacation block) during part of all of the
scheduled overtime shift; or,
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c. The employee is on pre-approved training during part or all
of the scheduled overtime shift, unless a supervisor deems it
appropriate to assign the overtime shift to an employee in lieu of the
training shift; or,
d. The employee has been approved for a shift substitution,
for which the substituted hours or reimbursement hours conflict with
the scheduled overtime shift; provided that if there are no other
available employee(s) to fill the scheduled overtime shift, the assigned
overtime shift shall take precedence over the traded shift and the
employee with the approved shift trade may be required to work; or,
e. The overtime shift conflicts with an employee's scheduled
shift or an overtime shift or shifts for which the employee has already
volunteered or been assigned, as defined below.
f. Except in emergency situations, no employee shall be
scheduled for more than sixteen (16) consecutive hours of active duty
or other assigned work (e.g., training), and should nonnally be
assigned to no more than twelve (12) consecutive hours of active duty
or other assigned work. The minimum time between assigned and/or
regular shifts shall be at least eight (8) hours. This section should not
be construed to disallow the assignment of adjacent shifts for which
the total length is twelve hours. (For example, an employee could be
assigned two back-to-back shifts, each of six-hours duration, if
necessary).
7. Once assigned, an overtime shift shall not be extended nor shall it
include additional hours, in lieu of posting or assigning a new overtime
shift.
8. If a mandatory assigned overtime shift is cancelled no more than
four (4) calendar days prior to the start of the shift, for the purpose of
placement on the assignment list, the assigned employee shall be considered
to have fulfilled the overtime shift. If an overtime shift is cancelled with
less than eight (8) hours notice to an employee, the employee shall be paid
at the callback rate specified in Section 18. If the employee is given eight
(8) or more hours notice, the employee shall not be entitled to be paid at the
callback rate.
9. If an employee assigned overtime finds a voluntary replacement to
work the shift, the employee shall be considered to have fulfilled the shift,
for the purpose of placement on the assignment list. However the
replacement employee's standing on the assignment list shall not be
affected.
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F. If there is not sufficient time to schedule overtime two weeks ( 14 days) in
advance, the overtime shall be assigned in the following order:
1. The staff person on call (assigned to pager duty) shall be called in
to work the shift. The on-call person will work the shift or will secure a
qualified alternate to work the shift.
2. If additional staffing is required, the supervisor will request off-
duty staff volunteer for an extra shift. (For example, by posting additional
overtime for voluntary sign-up, or via an all-call page-out in the event of an
immediate need). In the event of multiple volunteers, preference shall be
given to the employee with the highest overall seniority whenever possible.
3. If there are no volunteers, and additional coverage is required,
overtime shall be assigned based on the system outlined in Section E. In the
event the District is unable to contact an employee, or the employee is
unavailable or unfit for duty the District shall proceed to the next available
employee until the assignment is fulfilled.
4. In the event the District exercises its option to discontinue the On-
Call Personnel system described in Section II.F, adequate staffing shall be
met through the provisions of Section II.G.
G. By mutual agreement of the employee and the District, a non-exempt
employee may receive compensatory time off at the rate of one and one-half (1 Y2)
hours for each overtime hour worked. An employee may accrue up to ninety-six
(96) hours of compensatory time during any fiscal year. Additionally, an
employee's compensatory time accrual shall not exceed ninety-six (96) hours at
anytime.
17. COURT TIME
A. Court time, as defined in this Agreement, is any legal, equitable, or
administrative proceeding arising as a result of the performance of the employee's
duties with the district, where the employee is subpoenaed to appear in court on a
civil or criminal case.
B. Authorized court time outside the regular duty hours shall be compensated
at the overtime rate for a minimum of three (3) hours.
C. The employee will turn in any subpoena fees to the District that the
employee receives as a result of going to court.
D. All witness fees, excluding mileage allowance, and related remuneration
paid for appearance in court proceedings during the employee's scheduled shift,
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or for which the employee is entitled to compensation by the District, shall be
turned over to the District.
E. If a court or hearing appearance is scheduled for an employee's day off
and is canceled without actual notification to the employee being received within
twenty-four (24) hours of such appearance time, the employee shall be paid for
two (2) hours at employee's overtime rate. This entire section shall not apply in
proceedings initiated by the employee against the District.
18. CALL BACK TIME
A. When the employees are called back by the District to active duty, they
shall be compensated at the overtime rate for a minimum of three (3) hours. The
callback minimum does not apply if the meeting, training or active duty directly
adjoins the employee's shift. The callback minimum shall also not apply to an
employee who reports to training or a meeting on a strictly voluntary basis. All
employees shall be compensated at a minimum of the scheduled length of
trainings or meetings. If no notice is provided concerning the scheduled length of
the training or meeting, the callback minimum shall apply.
19. HOLIDAYS
A. Employees will accrue eight (8) hours per month for personal time off in
lieu of holidays. Time off in lieu of holidays taken by employees will be deducted
hour for hour. In the event of death, termination or resignation of an employee
during the initial six months of employment, no payment in lieu of holiday time
off shall be made. Thereafter, employees are entitled to payment of accrued
personal time off in lieu of holidays, prorated through any portion of the last pay
period.
B. Upon application, which can be made no more than twice per contract
year, an employee may be paid for up to 48 hours per contract year for the
personal time. Up to 96 hours of personal time may be carried from fiscal year to
fiscal year. Employees who have accrued more than 96 hours of personal
(holiday) time as of July 1 of the current fiscal year will forfeit any time above
that 96-hour limit.
C. In the event an employee is required to work: on one of the following
holidays, which shall mean midnight to midnight, the employee shall receive
compensation equal to the employee's regular straight time pay plus an additional
amount equal to one and one-half (1 112) times the regular straight time pay:
1. Memorial Day
2. 4th ofJuly
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3. Thanksgiving Day
4. Christmas Day
20. TIME MANAGEMENT
The specific application of this section will be governed by the 9-1-1 Employee's
Association Time Management Program (Appendix B of this Agreement).
A. Continuous service for the purpose of detennining monthly earned time
management accrual shall be paid service to the District unbroken by separation
from the District, except that time spent on military leave, paid sick-bank leave,
time off resulting from an occupational disability, paid education or law I
enforcement training leave, or as an employee of Deschutes County, shall be
included as continuous service. Time spent on other types of authorized unpaid
leave will not be counted as part of continuous service, provided that employees
returning from such leave and employees on layoff status shall be entitled to
credit for service prior to the leave or layoff.
B. No payment shall be made for time management leave lost by an
employee because of accrual limitations, unless the failure to take vacation is
caused by the District or the Director's insistence that the employee be at work
during employee's scheduled vacation.
C. Vacation sign-up shall commence annually during the month of October, I
for vacations the following year. Employees shall be pennitted to request
vacation on either a split or an entire basis. Employees shall be pennitted to
request and get approval for vacation time inclusive of the amount of hours they
will accrue at the beginning of the following year provided that employees with
ten (10) years of service shall be pennitted to request and get approved for one
additional week of vacation time if the employee chooses to do so and has, or will
accrue, sufficient additional time to support the request. Employees shall sign up
for vacation by District seniority. There shall be separate vacation schedules for
each team. These vacation sign ups shall be referred to as "primary vacation".
All scheduled days off adjacent to an employee's primary vacation shall be
considered part of that vacation, in that the employee shall not be required to
work during such time.
D. Additional vacation time may be requested by employees. Requests for
additional vacation time are subject to approval by the employee's immediate
supervisor. Notice of a request to use additional vacation time shall be made at
least one day in advance, except in cases of emergency. A request for additional
vacation time may be granted by the Director if a supervisor is not available.
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I
Once applied for and approved, additional vacation time cannot be superseded by
another employee with greater seniority.
E. Once the Director has approved the employee's requested vacation, that
approval will not be rescinded for purposes of avoiding overtime payment for
having employees work overtime in order to keep staffing at minimal levels.
Denials of vacation or cancellation ofvacations shall be in writing.
F. In the event of death, termination or resignation of an employee during the
initial six (6) months of employment, no payment in lieu of time management
leave shall be made. In the event of death, termination or resignation of
employment after the employee has served six (6) consecutive months and is
otherwise entitled to time management credits, the employee shall be entitled to
payment for accrued unused time management leave. In event of death, earned by
unused time management leave shall be paid in the same manner as salary due the
deceased employee is paid.
21. SICK LEAVE
A. Sick leave shall be granted for the following reasons only:
1. Personal illness or injury of the employee; l
2. An illness of the employee's family member as defined by OFLA
orFMLA; I
3. During leave periods that qualify as OFLA or FMLA protected
absences. I
B. An employee may only receive pay for leave to the extent the employee
has accrued leave. If an employee has no accrued leave, sick leave without pay
may be granted pursuant to OFLA and FMLA guidelines.
C. Upon application by the employee, sick leave without pay and other
employee benefits may be granted by the District for the remaining period of
disability after accrued sick leave has been exhausted. The County may require
that the employee submit a certificate from a physician periodically during the
period of such absence. Time Management and Holiday leave credits shall not be
accumulated during the period of such absence without pay.
D. In the event that an employee needs to utilize employee's allowance of
sick leave, the employee shall notify the on-duty supervisor of the pending
absence at the earliest possible time prior to the commencement of the employee's
work shift, normally at least four (4) hours prior to a swing shift or night shift, or
at least two (2) hours prior to a day shift. The employee will advise the nature or
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reason for the absence and the expected length of the absence, unless the
employee is unable to do so because of the serious nature of the illness or injury.
If a supervisor is unavailable, a lead or senior dispatcher must be notified of the
absence.
E. Sick leave time used shall be on an hour-for-hour basis.
F. When an injury occurs in the course of employment, the District's
obligation to pay under the sick leave section is limited to the difference between
any payment received under Workers' Compensation laws and the employee's net
salary. When an employee receives sick leave pay under this Section, pro-rated
charges will be made against accrued sick leave.
G. A physician's statement documenting an employee's illness may be
required at the option of the Director or hislher designee when there is a
reasonable suspicion that an employee is abusing sick leave privileges, to be paid
for by the District. Abuse of sick leave privileges shall be treated in accordance
with the discipline and discharge provisions of this Agreement.
H. Unused sick leave credits shall be converted to retirement benefits in
accordance with ORS 257.153.
22. WORKERS' COMPENSATION
All employees will be insured through the State Accident Insurance Fund, a
private insurer, or though self-insurance by the District, under the Oregon State
Workers' Compensation Act for occupational disabilities while at work for the
District.
23. LEAVE OF ABSENCE WITH PAY
Employees may request the following types ofleave of absence with pay:
A. An employee shall be granted two (2) days of bereavement leave with
regular salary in the event of death in the immediate family of the employee if the
person who is deceased resided within the Sate of Oregon. An employee shall be
granted three (3) days of bereavement leave with regular salary in the event of
death in the immediate family of the employee if the person who is deceased
resided outside of the State of Oregon. "Immediate family" is defined as spouse,
same-sex domestic partner (as defined by Oregon law), parent, child, brother,
sister, mother-in-law, father-in-law, grandparent, grandchild, and any member of
the employee's immediate household. In the event the death of an immediate
family member causes the employee to need additional time away from work, the
employee may use accrued sick leave.
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B. Employees will be granted time off for military leave in accordance with
State and Federal law.
C. Employees shall be granted leave with pay for service upon a jury.
However, any money the employee receives as compensation for jury duty,
excluding mileage, shall be turned over to the District. Upon being excused from
jury service for any day, the employee shall immediately contact the employee's
supervisor or the Director for assignment for the remainder of the employee's
regular workday, unless the employee's jury duty has been for such hours that
causes the employee to be so tired as to be unfit for duty. In those instances, the
employee may utilize sick leave.
24. LEAVE OF ABSENCE WITHOUT PAY
A. Upon written application by an employee, leave without pay and other
employee benefits may be granted by the Director after all accrued leave has been
exhausted.
B. The District may require that an employee who applies for leave without
pay for medical reasons submit a certificate from a physician periodically during
the period of such absence which establishes the medical necessity for such leave.
Such certificate must establish to a reasonable medical certainty that the requested
leave is medically necessary. To the extent this subsection conflicts with the
requirements of OF LA or FMLA, the requirements of those laws will prevail.
C. Time management and holiday leave credits shall not accumulate during
any period of absence without pay.
D. The Director may, in the Director's sole discretion, grant a leave of
absence without pay not to exceed ninety (90) calendar days.
E. Leaves of absence without pay for periods in excess of 90 days must be
approved by the Deschutes County Administrator.
F. During such leave, if an employee so requests, the District will maintain,
at the employee's expense, all benefits provided by this District, with the
exception of time management accrual. If the employee does not request the
maintenance of the employee's benefits as provided herein, the District is under
no obligation to do so.
G. Should an employee who requests the continuation of benefits during a
leave of absence without pay as provided in Section F and fail to pay the
premiums for employee benefits in advance, such failure to pay shall result in the
Deschutes 9-1-1 Employees Association
July 1, 2012 June 30,2016
Page 240f37
tennination of both the leave of absence and the continuation of the employee's
employee benefits.
25. OTHER LEAVES
A. Parental leave may be granted upon the request of an employee according
to OFLA and FMLA. Parental leave may be extended or renewed for an
additional period, at the discretion of the Director.
B. Employees may be granted time off with pay for educational purposes for
reasonable lengths of time to attend conferences, seminars, briefing sessions,
training programs and other programs of similar nature that are intended to
improve or upgrade the skill and professional ability of the employee in the
Director's sole discretion.
26. RETIREMENT
The District shall be a participant in the Oregon Public Service Retirement Plan
(OPSRP) and/or the Public Employee's Retirement System (PERS).
27. INSURANCE
A. Health insurance is to include the following:
1. Medical Insurance
2. Vision Insurance
3. Dental Insurance
4. Prescription Drug Insurance
5. Orthodontic Insurance
B. Health insurance benefits will be provided to employees under the same
conditions and/or restrictions as provided to employees of Deschutes County.
C. The monthly employee premium contribution will be no greater than $65
per month in the 2012-13 fiscal year. Thereafter, the monthly employee premium
contribution shall be detennined as a percentage of the per-FTE cost to Deschutes
County of providing health benefits as required by Deschutes County's health
benefits plan. (The per-PTE cost will be calculated by an actuarial valuation
conducted by Deschutes County at its sole discretion.) The monthly employee
premium contribution may only be increased according to the following
guidelines: up to 7.5% of the per-FTE cost to Deschutes County of providing
health benefits under the health benefits plan adopted for the 2013-14 fiscal year;
up to 8.5% of the per-FTE cost to Deschutes County of providing health benefits
Deschutes 9-1-1 Employees Association
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under the health benefits plan adopted for the 2014-15 fiscal year; and up to 9.5%
of the per-FTE cost to Deschutes County of providing health benefits under the
health benefits plan adopted for the 2015-16 fiscal year.
D. Throughout the duration of this Agreement, the Association will have an
employee representative on the County Employee Benefits Advisory Committee.
E. Other insurance is to include the following:
1. Employee Life Insurance
2. Dependent Life Insurance
3. Long-term Disability Insurance
4. Workers' Compensation Insurance
5. tJnemploymentlnsurance
6. Retirement Health Insurance
F. Other insurance benefits will be provided to employees in the bargaining unit
under the same conditions and/or restrictions as provided to the employees of
Deschutes County. If coverage is adjusted and/or modified for Deschutes County
employees, the same will apply to employees within the bargaining unit.
G. IRS 125 Plan
In addition to health insurance and other insurance, the District will make
available to employees a qualified IRS 125 Plan.
H. Eligibility
Regular full-time employees will be eligible for insurance benefits in accordance
with this Agreement.
I.
Coverage will not be duplicated for married couples and same sex domestic
partners (as defined under Oregon law) who both work for the District. One
spouse or domestic partner will be covered as the primary recipient.
28. GRIEVANCE PROCEDURE
A. A grievance for the purpose of this Agreement is defined as an alleged
violation of a specific term of this Agreement. A day is defined as a calendar day.
B. In an effort to provide for resolution of disputes, the parties agree to the
following procedures:
Step I:
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Any employee claiming a breach of any specific provision of this Agreement may refer
the matter, in writing, to the Operations Manager within fifteen (15) days from the
occurrence thereof, or the employee's knowledge of the facts thereof. The employee
shall provide a copy of the written grievance to the Association. The Operations
Manager shall respond to the grievance in writing as quickly as possible, but no later than
fifteen (15) calendar days after the grievance is filed.
Step II:
If, after fifteen (15) days from the date of the filing of the grievance with the Operations
Manager, the grievance remains unadjusted, the grievance may be submitted within
fifteen (15) days to the Director, along with a written statement as to why the Operation
Manager's Step I response does not adequately resolve the grievance. The Director shall
meet with the aggrieved party, who may request an Association representative at the
meeting. The meeting between the Director and the aggrieved-party shall be within
fifteen (15) days of the Director's receipt of the written grievance. The Director shall
respond to the grievance in writing within fifteen (15) days of such meeting. Neither
party's Step II written statements or responses shall be introduced into evidence in a
subsequent arbitration hearing on the grievance for the purpose of limiting any legal
theory which either party may introduce under the facts.
Step III:
If after fifteen (15) days of the meeting between the Director and the aggrieved party the
grievance remains unadjusted, the grievance may be submitted within fifteen (15) days to
the Deschutes County Administrator. The Deschutes County Administrator shall meet
with the Director and the aggrieved party (separately or together) in an attempt to resolve
the grievance. The meeting or meetings with the Deschutes County Administrator shall
be within fifteen (15) days of the date of the written grievance is delivered to the
Deschutes County Administrator. The Deschutes County Administrator shall respond to
the grievance in writing within ten (10) days of the meeting or meetings.
Step IV:
If the grievance is not resolved within twenty (20) days from the submission of the
grievance to the Deschutes County Administrator, the Association will have ten (10) days
to serve notice, in writing, to the Deschutes County Administrator of its intent to submit
the grievance to final and binding arbitration. The arbitrator shall be selected by mutual
agreement of the parties. If the parties cannot agree on an arbitrator within fifteen (15)
days of submitting the grievance to arbitration, the arbitrator shall be chosen in the
following manner:
a. Either party may request a list if five (5) names of
arbitrators from the Oregon State Conciliation Service. Within seven (7)
days of the receipt of the list, the parties shall alternately strike names from
the list until one name remains, and the remaining person on the list after the
Deschutes 9-1-1 Employees Association
July 1, 2012 -June 30, 2016
Page 27 of37
strikes have been completed shall swerve as the arbitrator. The party
striking the first name shall be determined by a coin flip.
b. The arbitrator shall hold a hearing promptly and shall issue
a decision within thirty (30) days of the hearing. The arbitrator's decision
shall be in writing and shall set forth findings of fact, reasoning and
conclusions of the issues submitted. The powers of the arbitrator shall be
limited to determining if the Agreement has been violated; he/she shall have
no authority to alter, modify, vacate or amend any of the terms of the
Agreement.
c. The cost of the arbitrator and court reporter (if the court
reporter is requested by both parties) shall be borne by the losing party.
Each party shall be responsible for costs of presenting its own case to
arbitration.
C. Any time limits specified in the grievance procedure may be waived by mutual
consent of the parties. Failure to submit a grievance in accordance with these time limits
without such waiver shall constitute abandonment of the grievance. Failure by the
District to submit a reply after knowledge of the grievance by the party responsible for
the reply within the specified time will move the grievance to the next step in the
grievance procedure. A grievance may be terminated at any time upon receipt of a signed
statement from the Association or the employee. Each party shall be responsible for
compensating its own representatives and witnesses at any step of this procedure. If the
parties agree in writing, Steps I, II and III may be waived.
29. DISCIPLINE AND DISCHARGE
A. Disciplinary actions shall include the following:
1. Oral reprimand
2. Written reprimand
3. Suspension
4. Demotion
5. Discharge
B. Discipline may be invoked by the Director or the employee's supervisor
only for just cause. Conduct reflecting a discredit upon the District or which is a
hindrance to the effective performance of District functions, shall be considered
reason for disciplinary action. Such reason may include, but not be limited to,
misconduct, inefficiency, incompetence, insubordination, misfeasance,
malfeasance, the willful giving of false information, or the withholding of
information, and violation of District rules. Disciplinary action need not be
progressive, but shall be appropriate for the nature of the offense committed.
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July I, 2012 -June 30, 2016
Page 28 of37
Oral reprimands imposed upon an employee shall not be subject to the grievance
procedure of this Agreement. If the Director or supervisor has reason to
discipline an employee, the Director or supervisor shall make reasonable efforts to
impose such discipline in a manner that will not embarrass or humiliate the
employee before other employees or the public.
C. Employees who are the focus of a disciplinary investigation shall be told
of the complaint at the beginning of the investigation unless to do so would
compromise the investigation. At the beginning of the interview, the employee
shall be infonned of the nature of the complaint or charges before the employee is
required to respond to questions concerning the same. The employee will be
given reasonable breaks for personal purposes. The Association or the District
may tape record the interview.
D. If the proposed type of discipline to be imposed is of an economic nature,
the District shall give the employee notice of the proposed discipline, copies of all
investigative reports that directly relate to the incident for which the District is
considering discipline, unless the District is denied access to a document over
which it has no control, and the employee shall have ten (10) calendar days from
the receipt of the investigative reports to respond either in writing or in person as
to why the proposed discipline would be inappropriate.
30. PROBATIONARY PERIOD
A. Every new employee shall serve a probationary period of twelve (12)
consecutive months. Once an employee has successfully completed the
probationary period, the employee shall be considered a regular employee and
granted seniority retroactive to the date of employees most recent hiring.
B. Newly hired probationary employees shall serve at the discretion of the
Director and may be discharged at the discretion of the Director during the
probationary period. Discharge of probationary employees shall not be subject to
the grievance procedure.
C. Regular full time employees promoted into a higher classification shall
serve a promotional probationary period of six (6) months. This period of
probation may be extended by the Director for an additional six (6) months to
further evaluate the employee. If a promotional probationary employee does not
satisfactorily complete promotional probation because of inadequate perfonnance
in the promoted position, the District shall return the employee to the position
held by the employee at the time of his or her promotion, at the same wages and
benefits the employee had in his or her previously held position. Notwithstanding
the foregoing, promotional probationary employees are subject to discipline
consistent with Section 29.
Deschutes 9-1-1 Employees Association
July I, 2012 June 30,2016
Page290f37
31. PERSONNEL FILE
A. All of an employee's personnel files will be available for the employee's
inspection during normal working hours by appointment with the Director.
Should an employee desire a copy of any item in the files, such copy shall be
provided to the employee provided the employee signs a receipt for the copy. The
employee has the right to respond in writing to any item placed in the files. No
derogatory item shall be placed in an employee's personnel file without the
knowledge of the employee. The District will maintain the confidentiality of the
files as per State law, and will not release any information in the files to other
than those authorized within the District without the consent of the affected
employee except where such release is compelled by either an order of a court or
by State law. This in no means restricts the Association's access to personnel
files as necessary to carry out its duties of representation.
B. Written reprimands and suspensions without pay shall remain a permanent
part of an employee's personnel files. Documented oral reprimands shall be
deemed stale after twenty four (24) months.
32. RULES
The parties jointly recognize that the District Executive Board, and the Director
are responsible to the citizens of the County and the public generally for the
performance of the functions and services performed by the District. These
responsibilities cannot be delegated, nor be the subject of a collective bargaining
agreement. For this reason, it is jointly recognized that the Executive Board and
the Director must retain a broad authority to fulfill and implement their
responsibilities and may do so by work rule, oral or written, existing or future. It
is agreed, however, that no work rules will be promulgated or implemented which
are inconsistent with a specific provision of this Agreement, provide, that the
requirements of Oregon law will always be paramount. All work rules which
have been or shall be reduced to writing, will be furnished to the Association.
33. LABORIMANAGEMENT COMMITTEE
A. The Director shall meet at mutually convenient times with the Association
LaborlManagement Committee, if such a committee exists. The
LaborlManagement Committee meetings with the Director shall be held, if
practicable, at a time not to interfere with the Committee member's regular work
period. The Association LaborlManagement Committee shall consist of two (2)
employees selected by the Association.
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July 1, 2012 -June 30,2016
Page 30 of37
B. The purpose of the LaborlManagement Committee will be to adjust
pending grievances and to discuss procedures for avoiding future grievances. In
addition, the Committee may discuss with the Director, other issues which would
improve relationships between the parties. Prior notice of topics for discussion at
such meetings shall be furnished by each party to the other. Matters of on-the-job
safety may be raised at the meetings of the Labor/Management Committee.
34. FUNDING
A. The parties recognize that revenue needed to fund the wages and benefits
provided by the Agreement must be approved annually by established procedures,
and in certain circumstances by vote of the citizens of Deschutes County. The
level of employment within the bargaining unit is, therefore, contingent upon
sources of revenue, and, where applicable, annual voter budget approval.
8. The District has no intention of reducing the level of employment within
the bargaining unit because of budgetary limitations, but cannot and does not
guarantee any level of employment in the bargaining unit covered by this
Agreement.
C. In the event of budgetary limitations as determined by the District, the
District shall have the right to reduce the level of employment within the
bargaining unit in accordance with the layoff provisions of this Agreement. At
the option of the District, the Director may present an option to such layoff to the
Association, which option may include a reduction in wages or benefits currently
being received by employees in the bargaining unit. The Association, upon
receipt of such option from the Director, shall conduct a vote among its members
as to whether to accept or reject the Director's proposed option to a layoff. If the
Association members accept the option proposed by the director, then the option
shall be implemented by the District in lieu of a layoff. If the Association rejects
the option proposed by the Director, then the Director has no authority to cut the
level of wages or benefits provided by this Agreement.
D. The District agrees to include in its annual budget request amount
sufficient to fund the wages and benefits provided by this Agreement, but makes
no guarantee as to the passage of such budget requests or voter approval thereof.
35. SAVINGS CLAUSE
Should a section, paragraph or portion thereof of this Agreement be held unlawful
and unenforceable by a court of competent jurisdiction over the subject matter,
such decision shall apply only to the specific section, paragraph or portion thereof
directly specified in the decision. Upon the issuance of any such decision, the
parties agree immediately to enter into negotiations for a substitute, if possible,
for the invalidated section, paragraph or portion thereof.
Deschutes 9-1-1 Employees Association
July 1,2012 June 30,2016
Page 31 of37
36. DURATION
This Agreement shall be effective July 1,2012, and shall remain in full force and
effective through June 30, 2016. After June 30, 2016, this Agreement shall be
automatically renewed from year to year, unless either the District or the
Association give written notice to the other no later than January 1, prior to the
aforesaid expiration date of the Agreement of its desire to modify the Agreement.
Dated this __day of _______2013.
DESCHUTES 9-1-1 EMPLOYEES DESCHUTES COUNTY 9-1-1
ASSOCIATION: SERVICE DISTRICT
Andrew Zaiser, President Tom Anderson, County Administrator
DESCHUTES COUNTY BOARD OF
Carl Elliston, COMMISSIONERS, GOVERNING
Vice President BODY OF THE DESCHUTES
COUNTY 91-1-SERVICE
DISTRICT
Alan Unger, Commissioner
ATTEST: Tammy Baney, Commissioner
Recording Secretary Anthony DeBone, Commissioner
Deschutes 9-1-1 Employees Association
July 1, 2012 -June 30, 2016
Page 32 of37
1
APPENDIX A
SALARY SCHEDULE-Effective July 1, 2012
Telecommunicator I
.IDm Hourly
$18.3199
2 $19.2300
3 $20.1912
4 $21.2009
5 $22.2610
6 $23.3739
7 $24.5427
Telecommunicator II
.IDm Hourly
1 $21.0678
2 $22.1144
3 $23.2199
4 $24.3809
5 $25.6000
6 $26.8803
7 $28.2240
Telecommunicator III
.IDm Hourly
1 $22.1212
2 $23.2202
3 $24.3809
4 $25.6000
5 $26.8800
6 $28.2243
7 $29.6352
The salary schedule listed above reflects an adjustment to the
Telecommunicator III salary schedule implemented to maintain a 5%
difference between the Telecommunicator II and Telecommunicator III
salaries. Additionally, effective July 1,2012, all salaries were increased by
2.9%.
There will be no cost-of-living increase for the fiscal year 2013-2014.
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July 1,2012 -June 30, 2016
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Effective July 1,2014, there shall be a cost-of-living increase to the fiscal year
wage schedule. The increase shall be equal to the US/All Cities CPI-U
January to January with a minimum of 1.5% and a maximum of 3.5%.
Effective July 1,2015, there shall be a cost-of-living increase to the fiscal year
wage schedule. The increase shall be equal to the US/All Cities CPI-U
January to January with a minimum of 1.5% and a maximum of 3.5%.
Deschutes 9-1-1 Employees Association
July 1,2012 -June 30, 2016
Page 340f37
Appendix B
SUBJECT: TIME MANAGEMENT -DESCHUTES COUNTY 9-1-1 EMPLOYEES
ASSOCIATION I
i
I. PURPOSE
It is the purpose of the Deschutes County Time Management Program to provide
employees with a leave-with-pay program that is easily understood, responsive to
individual needs, and easy to administer. This program is also intended to
eliminate any abuse of sick leave while rewarding employees for faithful
attendance and productivity.
II. SCOPE
This program covers all employees represented by Deschutes County 9-1-1 IEmployee's Association. Those employees covered by the provisions of this
program shall not be eligible for separate leave benefits covering the following:
• sick leave (nonoccupational illness or injury leave)
• vacation leave I
Nonexempt employees who are eligible for 1 1;2 compensatory time or overtime will
still receive such under this program in accordance with the Fair Labor Standards Act.
III. LEA VE-WITH-PAY -PROVISIONS
A. All employees entering the Time Management Program will be credited
with their existing vacation time balance. It
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Nonexempt employees will earn leave, based on full-time service, in
accordance with the following schedule:
Months of Hours of Earned Leave
Service Leave Accumulation
0-48 months 168 hours 14 hrsImonth
49 -108 months 192 hours 16 hrsImonth
109 -168 months 216 hours 18 hrsImonth
169 -228 months 240 hours 20 hrsImonth
229 288 months 264 hours 22 hrsImonth
289 + months 288 hours 24 hrslmonth
Deschutes 9-1-1 Employees Association
July 1, 2012 -June 30,2016
Page 35 of37
\
B. For regular part-time employees, all reference to time accrual or usage in
the Time Management shall be pro-rated according to the percentage of
full-time equivalency authorized for the position.
C. During the course of the year, absence from work for any reason other
than on-the-job illness or injury covered by Workers Compensation shall
be charged against "earned leave" except as provided in Section IV.B of
this policy. Earned time management leave shall accrue whenever an
employee is on paid status with the County. Employees do not accrue
time management leave when on leave without pay. Leave accrued under
Section 19 of the Agreement shall be maintained in a separate "holiday
leave" bank.
D. An employee may accumulate time management leave, including the
previous vacation balance, if any, to a maximum of twice the annual time
management accumulation. On March 31 of each year, any employee
credited with accrued leave greater than twice the annual accumulation
shall forfeit the amount above the maximum accumulation. An employee
who has ac::quired the maximum allowable accumulation of time
management leave may continue to accumulate time management leave
for the balance of the year in which the maximum accrual was reached,
provided that the employee take sufficient earned leave to reduce the
accumulation to the maximum allowable prior to the following March 31
or forfeit the excess.
E. Upon an employee's termination, after six months of service, all of the
employee's time management leave (including vacation rollover, if any)
shall be paid to the employee at the current rate of pay.
F. In the event of an employee's death, after six months of service, all time
management leave shall be paid to the employee's designated beneficiary
at the current rate of pay.
G. During the first five years of employment, employees shall be required to
take a minimum of one (1) week of earned time management leave per
year. Thereafter, employees shall be required to take a minimum of two
(2) weeks of earned time management leave per year.
H. Employees shall, whenever possible, request time off in advance. Use of
such leave must be scheduled between the employee and hislher
supervisor or designee. When an employee is sick or an emergency
requires his or her presence elsewhere, the employee must notify the
supervisor as soon as possible.
I. After one year of continuous employment, employees may request to
convert up to 96 hours of accrued time management leave to cash on an
Deschutes 9-1-1 Employees Association
July 1, 2012 -June 30,2016
Page 36 of3?
annual basis. To be eligible, an employee must maintain a minimum
balance of one year's accrual of annual leave and must have used at least
48 hours of time management leave during the previous twelve months. A
request for conversion of annual leave to cash must be approved by the
Director subject to budget restrictions and is allowed twice each fiscal
year.
J. During the last three years prior to retirement, employees may sell up to
96 hours each year of their annual time management leave accrual at the
current rate of pay. Extensions of an employee's schedule retirement date
notwithstanding; no employee will be entitled to this option in more than
three years. This paragraph is not subject to any of the limitations
expressed in Section I. of this policy.
IV. PRIOR SICK LEAVE ACCUMULATION
An employee's existing sick leave accrual at the time of entering the Time
Management Program will be preserved in a separate balance. No additional sick
leave will be earned. Existing sick leave will be treated in the following manner:
A. No compensation for accrued sick leave shall be provided for any
employee for any reason, except that one-half of the employee's accrued
sick leave shall be paid to the employee or his/her beneficiary upon death
or permanent total disability.
B. Employees will be allowed to convert up to 100 hours of existing sick
leave to the earned leave balance on a two-for-one basis. (100 hours of
sick leave will convert to 50 hours of earned leave).
C. Existing sick leave (banked sick leave) may be used by employees only
after the employee has been absent from work for at least twenty-four (24)
hours in a row for qualifying sick leave utilization per the Personnel
Rules. The twenty-four (24) hours will be either deducted from earned
leave or be identified as leave without pay.
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July 1,2012 -June 30, 2016
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