HomeMy WebLinkAboutDoc 209 - AFSCME Labor Contract
Deschutes 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 April 23, 2014
_____________________________
DATE: April 16, 2014
FROM: Erik Kropp Administrative Services ext. 6584
TITLE OF AGENDA ITEM:
Consideration and approval of Contract 2014-209, a Collective Bargaining Agreement between
Deschutes County and the American Federation of State, County, and Municipal Employees, Local
3997 from July 1, 2014 - June 30, 2017.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
AFSCME, Local 3997 is the labor union representing Deschutes County general employees in
several departments. The current collective bargaining agreement between AFSCME and the
County is a 3-year agreement expiring on June 30, 2014.
The new collective bargaining agreement is a 3-year agreement, effective July 1, 2014 - June 30,
2017. The agreement includes a 1.6% (based on the CPI) cost of living adjustment on July 1, 2014;
a 2% cost of living adjustment on July 1, 2015; and a 2% cost of living adjustment on July 1, 2016.
The agreement also increases longevity amounts $2.50 per fiscal year. Finally, the agreement
includes a reopener to discuss "fair share" (the requirement that all employees represented by
AFSCME pay union dues) in January 2015.
The County's bargaining team included Danielle Fegley, Chris Bell, Susan Ross, Sarah Foreman, Scott
Johnson, and Erik Kropp. The County's bargaining team tentatively agreed to the collective bargaining
agreement and recommends its approval.
FISCAL IMPLICATIONS:
The 1.6% COLA for FY 2014-2015 will be included in the County Administator's Proposed Budget.
The fiscal impacts in fiscal years 2015-16 and 16-17 will be included as part of the budget process for
those years.
RECOMMENDATION & ACTION REQUESTED
Staff recommends approval of Contract 2014-209, a Collective Bargaining Agreement between
Deschutes County and the American Federation of State, County, and Municipal Employees, Local
3997 from July 1, 2014 - June 30, 2017.
ATTENDANCE: Erik Kropp, Deputy County Administrator
DISTRIBUTION OF DOCUMENTS:
County Counsel's Office
Personnel Department
County Administrator's Office
I-~D
I LEGAl. C . U~J ~; .-.. ~-----'
AGREEMENT
BETWEEN
DESCHUTES COUNTY
AND
THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES LOCAL 3997
July 1,2014 -June 30, 2017
DC -2 01 4-20
Agreement between Deschutes County and the American Federation of State,
County and Municipal Employees Local 3997
PREAMBLE
ARTICLE 1
ARTICLE 2
ARTICLE 3
ARTICLE 4
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
ARTICLE 20
ARTICLE 21
ARTICLE 22
ARTICLE 23
ARTICLE24
ARTICLE 25
ARTICLE 26
ARTICLE 27
ARTICLE 28
ARTICLE 29
ARTICLE 30
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1
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July 1,2014 -June 30, 2017
TABLE OF CONTENTS
PAGE
.................................................................................................................................................2
RECOGNITION .....................................................................................................................2
UNION SEClTRITY ...............................................................................................................2
MANAGEMENT RIGHTS ....................................................................................................4
NON-DISCRIMINATION .....................................................................................................5
PROBATIONARY, TEMPORARY AND SEASONAL EMPLOYEES ...............................5
DISCIPLINE AND DISCHARGE .........................................................................................6
GRIEVANCE PROCEDURE .................................................................................................7
SALARY ADMINISTRATION .............................................................................................8
ON CALL AND CALL BACK TIME .................................................................................... 10
HOURS OF WORK ................................................................................................................ 10
OVERTIME AND COMPENSATORY TIME ...................................................................... 11
WORKING-OUT-OF-CLASS AND LEAD PAY .................................................................11
VACANCIES .......................................................................................................................... 12
ASSIGNMENT OF PERSONNEL ......................................................................................... 12
PERFORMANCE EVALUATIONS ...................................................................................... 13
LONGEVITY AND LENGTH OF SERVICE ....................................................................... 13
HOLIDAYS ............................................................................................................................ 14
TIME MANAGEMENT ........................................................................................................ 15
SICK LEAVE ......................................................................................................................... 15
LEAVES OF ABSENCE ........................................................................................................ 16
HEALTH AND WELFARE ................................................................................................... 17
RETIREMENT ....................................................................................................................... 19
TRAVEL EXPENSES ............................................................................................................ 19
SAFETy..................................................................................................................................20
PROFESSIONAL DEVELOPNIENT .....................................................................................20
RIGHT TO CONTRACT ........................................................................................................20
SEPARABILITy ....................................................................................................................20
SCOPE OF AGREEMENT .....................................................................................................20
TERM OF THE AGREEMENT .............................................................................................21
WAGES ..................................................................................................................................21
APPENDIX "A" TIME MANAGEMENT -AFSCME ......................................................................................22
APPENDIX "B" DUTIES AND RESPONSIBILITIES OF THE EMPLOYEE BENEFITS ADVISORY
COMMITTEE ...................................................................................................................26
AFSCME -2014-2017 Page 11
PREAMBLE
This Agreement is made and entered into by and between Deschutes County (hereinafter the County) and the
American Federation of State, County and Municipal Employees Council 75, (hereinafter the Union) for the
purpose of fixing wages, hours, benefits, and employment relations as defined by ORS 243.650(7) and the
Employment Relations Board.
It is also the purpose of this Agreement to promote the mutual interests of the County and its employees and to
provide for the operation of the County's business under methods which will further, to the fullest extent
possible, the safety of the employees, economy and efficiency of operation, elimination of waste, realization of
maximum quantity and quality of output, cleanliness, protection of property and avoidance of interruptions to
production. The parties will cooperate fully to secure the advancement and achievement of these purposes.
ARTICLE 1 -RECOGNITION
Section I
The County recognizes the Union as the sole and exclusive bargaining agent for all employees of Deschutes
County, excluding supervisory and confidential employees, temporary employees, employees who work less
than half-time and employees included in other bargaining units. For the purposes of the Collective Bargaining
Agreement between the parties, County employees of the OSU Extension Service shall be considered
employees of Deschutes County and all terms and conditions ofthis Agreement shall apply.
Section 2
If the County establishes a new classification included in the bargaining unit or reclassifies an existing
bargaining unit position, the County shall notify the Union in writing in a timely manner.
ARTICLE 2 -UNION SECURITY
Section I
The Union shall notify the County in writing of its staff representative of the Local, Council 75, or
International, American Federation of State, County and Municipal Employees, AFL-CIO. Upon proper
introduction and notice, the representative shall have reasonable access to the premises of the County during all
working hours to conduct Union business. These representatives shall observe any security regulations of the
County. Such visits shall not interfere with the normal flow of work.
Section 2
Unless otherwise provided in the Agreement, the internal business of the Union shall be conducted by the
employees during non-duty time, and to the extent practicable in break rooms, lunch rooms and non-duty areas.
Section 3
A. The Union shall notify the County of the selection of the Officers, Stewards and their alternates.
B. The Union may appoint a Steward or Stewards. Activities by a Union Steward shall not interfere with
hislher normal duties or the performance of the normal duties of other employees. The Steward shall be
a regular full-or part-time employee, who shall in addition to hislher regular assigned work, perform the
duties set forth herein, as long as such duties may be accomplished without the disruption or interference
with the work of others.
C. The Steward shall bring attention to the County and the Union of any alleged infraction of the terms and
conditions of the Agreement.
AFSCME-2014-2017 Page 12
D. The Steward shall make a good faith effort to resolve individual employee grievances as they may arise
by working in cooperation with the employee and hislher supervisor and program manager.
E. A Steward or Union Officer who represents a grievant at a meeting called by management to discuss a
grievance pursuant to Article 7, or at a pre-disciplinary hearing pursuant to Article 6, shall be permitted
to be present without loss of pay, following reasonable notice to hislher supervisor and Department
Head. One (1) representational Steward or Union Officer shall be permitted to be present without loss
of pay. To help minimize departmental impact, a Steward or Union Officer working in the department
where the grievant or subject of discipline is employed shall be utilized. Ifthere is no Steward or Union
Officer in the department, a Steward from a different department may be utilized, if the express written
permission of the Department Head of such other department is granted. Such permission may be
withheld by the Department Head in the Department Head's sole discretion. The participation ofa
Steward or Union Officer in a grievance or disciplinary proceeding shall not relieve the Steward or
Union Officer of responsibility for meeting all performance standards and requirements relevant to their
position.
F. The County shall allow the Union up to the combined total of 50 hours (maximum) of paid time for
appointed bargaining team members to bargain a successor contract to this Agreement.
Section 4
The County agrees to provide bulletin board space for each work site where Union members regularly perform
work for the County to be used exclusively by the Union for the posting of official Union notices. The Union
agrees that it will not post material that is profane, obscene or defamatory of the County.
Section 5
A. The County agrees to deduct monthly membership dues from the pay of those individuals who request
deductions in writing. The amount to be deducted shall be certified to the County by the treasurer ofthe
Union, and the aggregate deduction shall be remitted monthly, together with an itemized statement, to
the treasurer ofthe Union.
B. Articles 2 and 29 of the Agreement may be re-opened upon written demand by the Union to bargain
whether, and under what terms, a fair share agreement as defined under ORS 243.650(10) and as
otherwise governed by Oregon law may be incorporated into the Agreement. No other articles or
sections of the Agreement may be re-opened during the term of the Agreement unless otherwise agreed
in writing by the parties. Notwithstanding the provisions ofORS 243.698, the parties agree Articles 2
and 29 may be re-opened only if the following conditions are met:
1. A written demand by the Union under this subsection must be received by the County between
January 1 and January 31,2015. If such demand is not timely received by the County, the Union
waives its right to re-open Articles 2 and 29, and the County's obligations under this Subsection will
expire.
2. Should Articles 2 and 29 be re-opened and should bargaining under this Subsection commence, such
bargaining shall not, without the consent of the parties and provided the parties have negotiated in
good faith, continue past March 31, 2015. Should the parties fail to agree on whether, and under
what terms, a fair share agreement may be incorporated into the Agreement by March 31, 2015, the
status quo existing on these issues prior to this Agreement shall continue.
AFSCME -2014-2017 Page 13
Section 6
The County shall furnish to the Union, monthly, a list of the names, classifications, departments and home
addresses of new employees in the bargaining unit. The County shall furnish the Union with a monthly listing
of employees who have terminated from the bargaining unit during the previous month.
Section 7
Upon request and approval the Union shall be allowed the use of meeting rooms of the County for meetings
when such meeting rooms are available and the meeting would not interfere with the business of the County.
Section 8
The County agrees to inform all new bargaining unit employees of the Union's exclusive representation status,
to provide equivalent information on the County website on enrollment and disenrollment from Union
membership, and upon request provide a copy of the Agreement
ARTICLE 3 -MANAGEMENT RIGHTS
Section 1
The County 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 County and its
departments. The County shall have no obligation to bargain with AFSCME with respect to any such subjects
or the exercise of its discretion and decision-making with regard thereto. The express provisions of this
Agreement constitute the only limitations on the rights of the County to manage the business and affairs of the
County. The rights of employees are limited to those specifically limited by the terms of this Agreement. Any
subjects covered by the terms of this Agreement and any subject which was or might have been raised in the
course of collective bargaining are closed to further bargaining for the term hereof, except as provided in ORS
243.698.
Section 2
By way of illustration, the exclusive prerogatives, functions, and rights of the County shall include the
following:
A. To determine the services to be rendered by the County and its employees to the citizens ofthe County
and State of Oregon.
B. To direct and supervise all operations, functions and policies of the County in which employees are
employed.
C. 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.
D. To determine the need for a reduction or an increase in the work force.
E. To determine the method and manner under which a reduction in work force will be performed,
consistent with specific provisions of this Agreement.
F. To implement new, and to revise or discard, wholly or in part, old methods and procedures.
G. To assign and distribute work.
H. To assign shifts, workdays, hours of work and work locations, consistent with specific terms of this
Agreement.
AFSCME-2014-2017 Page 14
L To designate and to assign all work duties.
J. To introduce new duties and to revise job descriptions and duties, consistent with specific tenns of this
Agreement.
K. To detennine the need for new employees, transfers and promotions.
L. To detennine the qualifications for employees, as well as for transfers and promotions.
M. To discipline, suspend, demote or discharge an employee as defined in Article 6 of this Agreement.
N. To establish, revise and implement standards for hiring, classification and promotion.
O. To provide as the County detennines necessary, and in its sole discretion any furnishings, fixtures and
equipment to be used and any matters concerning limitations or conditions for their use.
P. To maintain order and efficiency in its work sites, facilities and operations.
Q. To make such reasonable rules and regulations, not in conflict with this Agreement, as the County may
from time to time deem best for the purposes of maintaining order, safety, and/or effective operation of
County facilities, and after advance notice thereof to AFSCME and employees, and to require
compliance therewith by employees.
Section 3
Any of the rights, powers, authority and function of the County had prior to the negotiation of this Agreement
are retained by the County and the expressed provisions of this Agreement constitute the only limitations on the
rights of the County to manage the business of the County. Should the County not exercise the rights, powers,
authority and functions reserved to them, or should they exercise them in a particular way, such conduct shall
not be deemed a waiver of said rights, powers, authority and functions by the County, nor shall such conduct be
deemed or considered a waiver of their right to exercise them in some other way not in conflict with a specific
provision of this Agreement. Any agreement between the County and the Union that is not reduced to writing
and signed by both parties shall be deemed to have not existed.
ARTICLE 4 -NON-DISCRIMINATION
Section 1
Deschutes County and the Union agree not to discriminate against any employee because of race, color, sex,
age, national origin, marital status, religion, political affiliation, physical or mental disability, Union
membership or non-membership or any other classification protected by Oregon or Federal law.
Section 2
The terms of this Agreement shall be applied equally to all members of the bargaining unit.
ARTICLE 5 -PROBATIONARY, TEMPORARY AND SEASONAL EMPLOYEES
Section 1
Every new employee shall serve a probationary period of twelve (12) months unless extended by mutual written
agreement.
AFSCME-2014-2017 Page 15
Section 2
Employees who are promoted or moved to a different job classification within hislher department or to a
different department, or transferred to a different department within the same classification shall be required to
serve a 12 month probationary period unless modified by mutual written agreement.
Section 3
Each employee shall be evaluated during hislher probationary period, with one at six (6) months, and one at
twelve (12) months, unless modified by mutual agreement between the employee and hislher Department Head.
If an employee's performance is not satisfactory, he/she shall be given notice of the areas ofhislher
deficiencies. An employee shall advance to the next step of hislher pay grade upon satisfactory completion of
hislher probationary period and has received an overall "effective, meets standards" or better performance
evaluation. (Please see Article 8, Section 3(B) for timelines).
Section 4
Any employee who is terminated during hislher probationary period shall be given written notice of their
termination.
Section 5
Disciplinary action for probationary employees, including termination of employment, is not subject to the
grievance procedure.
Section 6
A. Temporary employee has the meaning provided in Deschutes County Code 3.08.010.
B. Seasonal employee means an employee used for the purpose of meeting short-term work load needs of
the County. Seasonal employment shall not normally exceed 1,036 hours per fiscal year.
ARTICLE 6 -DISCIPLINE AND DISCHARGE
Section I
The principles of progressive discipline shall be used except when the nature of the problem requires more
serious action. An employee shall not be disciplined or discharged without just cause.
Section 2
Discipline shall consist of one of the following:
1. Oral warning
2. Written reprimand
3. Suspension without pay
4. Demotion
5. Discharge
Section 3
Disciplinary action shall be accomplished in a manner which affords the employee the most protection possible
from embarrassment before other employees and the public.
Section 4
When the County intends to take disciplinary action involving suspension without pay, demotion or discharge,
the County shall notify the employee and the Union in writing of the charges against the employee and the
proposed disciplinary action and shall provide the employee with the opportunity to respond to the charges at a
hearing with the supervisor or person having authority to impose the proposed disciplinary action.
AFSCME-2014-2017 Page 16
ARTICLE 7 -GRIEVANCE PROCEDURE
Section 1
The County will promptly consider and respond to employee grievances. The County and the Union prefer to
correct the causes of grievances infonnally and encourages both supervisors and employees to resolve problems
as they arise.
A. A grievance is defined as an allegation that a specific provision of this Agreement has been violated and
results in hann to an employee.
B. A day is defined as a calendar day.
C. An employee, at his or her discretion may elect to be represented by the Union at any step ofthe
grievance procedure.
D. Oral warnings are not subject to the grievance procedure.
E. Perfonnance evaluations can only be grieved through Step II of the grievance procedure.
F. Written reprimands can only be grieved through Step III of the grievance procedure.
G. In an effort to provide for resolution of disputes, the parties agree to the following procedures:
Step I: Any employee claiming a breach of any specific provision of this Agreement ("grievant")
shall refer the matter, in writing, to their immediate supervisor outside the bargaining unit
within fifteen (15) days from the occurrence of the alleged breach. The grievance shall,
at minimum, contain the following:
• Specific Article and Section of the Agreement alleged to have been violated.
• Alleged hann to the grievant.
• An explanation of the facts and issues related to the grievance.
• The specified remedy requested.
• The signature of the grievant or grievants.
The supervisor shall respond to the grievance in writing as quickly as possible, but no
later than fifteen (15) days after the grievance is received by the supervisor.
Step II. If the grievance is not fully settled at Step I, it shall, in detail, be reduced to writing,
dated, signed by the grievant or grievants, and presented by the grievant or grievants, to
the Department Head within fifteen (15) calendar days after the supervisor's response is
given, not including the date of the response. The Department Head shall respond in
writing to the grievance within fifteen (15) calendar days of the date of the presentation
of the written grievance, not including the date of presentation. The Step II grievance
shall be consistent with the Step I grievance unless the grievant(s) can demonstrate that
new infonnation or evidence pertinent to the grievance was not available or discoverable
at Step I.
Step III. If the grievance is not settled at Step II, the written grievance shall be presented by the
grievant or grievants, along with all pertinent correspondence, records and infonnation, to
AFSCME -20 14-20 17 Page 17
the County Administrator within fifteen (15) calendar days after the Department Head's
response is given, not including the date of the response. The County Administrator may
meet with the grievant or grievants, the immediate supervisor, and the Department Head.
The County Administrator shall respond to the grievance in writing within fifteen (15)
calendar days after the date of presentation of the written grievance, not including the
date of presentation. The Step III grievance shall be consistent with the Step I grievance
unless the grievant(s) can demonstrate that new information or evidence pertinent to the
grievance was not available or discoverable at previous steps.
Step IV. If the grievance of a suspension without pay, demotion, discharge, or loss of a property
right is not settled at Step III, the grievance shall be submitted in writing to the Board of
County Commissioners within fifteen (15) calendar days after the County
Administrator's response is given, not including the date of the response. If the grievance
relates to the suspension without pay, demotion, discharge, or loss of property right of an
employee, the Board will hold a hearing if requested by the Union before issuing a
response. If a hearing is not requested by the Union, the Board, at the Board's discretion,
may hold a hearing before issuing a response. If an employee has been suspended
without pay, demoted, discharged, or suffered a property right loss, a representative from
AFSCME shall be allowed to take part in the hearing before the Board, and allowed to
make comments and recommendations to the Board. The decision of the Board shall be
final and binding. However, either the Board or the Union may request advisory
arbitration prior to the Board hearing. The Step IV grievance shall be consistent with the
Step I grievance unless the grievant(s) can demonstrate that new information or evidence
pertinent to the grievance was not available or discoverable at previous steps.
Section 2
If the grievance procedures established by this Section are not signed by the grievant or grievants and initiated
within the required time limits, the grievance shall be considered not to have existed.
Section 3
If the County fails to respond to any grievance within the time limit prescribed for such response, the grievance
shall automatically advance to the next step.
Section 4
The time limits for the initiation and completion of the steps of the grievance procedure may be extended by
mutual consent of the parties involved. Mutual consent should be indicated in writing, and signed by all parties
involved.
Section 5
No employee can be disciplined or discriminated against in any way because ofthe employee's use ofthe
grievance procedure.
ARTICLE 8 -SALARY ADMINISTRATION
Section 1
Pay for employees in the bargaining unit shall be in accordance with the Deschutes County Position and Grade
Step Listing.
Section 2
All employees shall normally be paid on the last working day of the month.
AFSCME-2014-2017 Page 18
Section 3
A. Employees shall be eligible for annual merit increases on their eligibility date provided that the
employee is not at the top step of the salary range ofhislher classification.
B. Every employee shall receive a performance evaluation at least annually by the employee's
eligibility date. The eligibility date is based on hire date as follows: Ifhired on the first of the
month through the 15 th of the month the performance evaluation will be comjleted within the
month of hire and will be retroactive to the 1 st of the month. Ifhired on the 16 of the month
through the end of the month the performance evaluation will be completed by the end of the
following month and will be effective retroactive to the first of the month. Annual merit
increases shall not be withheld unless an employee's overall performance as stated on the
evaluation form is "unsatisfactory". If the employee's performance evaluation appraisal is not
completed by hislher eligibility date, he/she will receive hislher merit step increase.
Section 4
Full-time employees who have worked continuously for the County shall receive additional pay per month for
each five years of continuous service as outlined below. Longevity pay will be pro-rated for part-time
employees based on their percentage of full-time employment.
$70.00 FY 14/15
$72.50 FY 15/16
$75.00 FY 16117
Section 5
The County, at the County's sole discretion, may designate specific employees who can communicate in
English and a second language or in sign language to be translators -additional compensation shall be granted
to designated employees for translation services as follows:
1. Regular FTE, $100 per month
2. Regular Yz to %time, $75 per month
3. Undesignated employees who have the ability to communicate in a second language or in sign
language and who are directed by a supervisor to serve as a translator shall receive additional
compensation in the amount of $10 per day on any day they are utilized for translation services.
Such persons shall be proficient in the needed second language or in sign language. It shall be at the sole
discretion of the County to select persons for bilingual compensation and to decrease or eliminate the
compensation should the County determine the need for translation no longer exists. Nothing in this Agreement
shall preclude the County from using persons other than those designated for second language communication.
The County retains the right and total discretion to choose the positions to which the additional compensation is
granted, and to determine such test or other certification process that must be successfully completed for an
employee to qualify as bilingual for purposes of this Section.
Section 6
Shift differential pay of$.75 per hour shall be paid to employees who work a full graveyard shift (currently
scheduled as midnight to 8:00 a.m.). Shift differential pay is for eight (8) hours only. If eligible, the employee
will receive overtime pay based on regular rate of pay.
AFSCME -2014-2017 Page 19
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ARTICLE 9 -ON CALL AND CALL BACK TIME
Standby: Is defined for the purpose of this Agreement as time an employee must be able to be contacted by
telephone, cellular phone, or pager. The employee must be able to respond within a time frame determined by
the Department Head. Compensation to employees will be two (2) hours per day at their current hourly rate.
Work from Home: Any work performed by telephone, or by telecommunications, from home as a result of a
standby call will be paid in accordance with the FLSA.
Call Back: Is defined for the purpose of this Agreement as that time an employee spends beyond their normal
work schedule and delivered on-site as a result of being called back due to an emergency and/or special
circumstances.
When called back, employees will receive compensation in accordance with the FLSA. In no case will an
employee receive less than two (2) hours compensation for being called back to work.
ARTICLE 10 -HOURS OF WORK
Section 1
The workweek is defined as seven (7) days within a calendar week. The standard work week for Deschutes
County is Sunday through Saturday. The County may establish an alternate work week to address flexible work
schedules as referenced in Section 2(C). An alternate work week must be established in writing and submitted
to the County Administrator for approval.
Section 2
A. A regular work schedule is a work schedule with the same starting and stopping time on five (5)
consecutive eight (8) hour shifts, with two (2) consecutive days off.
B. An alternate work schedule is a work schedule with the same starting and stopping times on four
(4) consecutive ten (10) hour shifts, and three (3) consecutive days off.
C. A flexible work schedule is a work schedule which varies the number of hours worked on a daily
basis, but not necessarily each day, and may vary the number of days worked on a weekly basis,
but not necessarily each week, but which in no way conflicts with the Fair Labor Standards Act.
D. Work schedules shall be determined by the Department Head, subject to approval by the County
Administrator.
Section 3
Established regular work schedules will not be changed with less than ten (10) working days advance notice,
unless the operating needs of the County require it or an employee voluntarily agrees to the change and an
earlier implementation date.
Section 4
Each employee shall be granted an uninterrupted rest break of fifteen (15) minutes for each one-half (1/2) shift.
The rest breaks shall be scheduled as near the midpoint of each one-half (112) shift as possible.
AFSCME-2014-2017 Page \10
Section 5
All full time employees shall be pennitted a non-duty meal period during their work shifts. Non-duty meal
periods shall be no less than thirty (30) minutes and shall be scheduled in the middle of the work shift as
possible.
Section 6
Nothing in this Article shall be construed as a guarantee of hours.
ARTICLE 11-OVERTIME AND COMPENSATORY TIME
Section 1
All non-exempt employees shall be compensated at the rate of one and one-half (1 V2) times their regular rate of
pay for all hours worked in excess of 40 hours during the regularly scheduled workweek. Hours worked shall
include paid holidays, vacation, and compensatory hours which are authorized and scheduled in advance in
accordance with Departmental business needs. Sick leave hours will not count as hours worked in overtime
calculation. The specific application of this section shall be governed by Deschutes County Policy No. HR-04
Overtime Compensation and Compensatory Time. The County shall not modify the version of Policy No. HR
04 in place when this contract takes effect without first providing the Union with at least 14 days prior written
notice and an opportunity to bargain the modification. Upon timely demand the County and the Union shall
bargain the modification. Failure by the Union to demand to bargain within such 14 days shall be deemed a
waiver of the opportunity to bargain the modification.
Section 2
By mutual agreement, a non-exempt employee may receive compensatory time off at the rate of one and one
half (I V2) hours for each overtime hour worked in accordance with Section 1. Compensatory time accrual shall
not exceed 80 hours.
Section 3
Overtime shall be approved in advance by an employee's supervisor. Exceptions for documented emergencies
will be made.
Section 4
Subject to operational needs, the County shall attempt to offer overtime opportunities as equally as possible
among qualified employees in the department where overtime work is needed.
Section 5
When possible and within budget constraints, the Department Head will honor the non-exempt employee's
request regarding the method of compensation, either compensatory time off, or overtime pay.
ARTICLE 12 -WORKING-OUT -OF-CLASS AND LEAD PAY
Section 1
The County agrees to compensate an employee assigned in writing to temporarily assume the major
distinguishing duties of a position in a higher classification, where such an assignment is for ten (10)
consecutive work days or more at a compensation rate of 5%, 7.5%, or 10% differential, or at any step of the
higher salary range which provides at least a 5% pay increase to be determined by the Department Head based
upon the assigned duties and approved in advance by the County Administrator. The additional compensation
shall be retroactive to the first day of the assignment.
AFSCME -2014-2017 Page III
Section 2
When an employee is directed and authorized in writing by the Department Head/supervisor to perform lead
work functions defined as follows:
A lead worker is an employee delegated limited lead and/or coordination of duties by hislher
Department Head. Limited duties include distribution of work assignments, maintaining a balanced
workload among a group of employees, reviewing completed work and maintenance of records of work.
He or she will receive a 2.5%,5%, 7.5%, or to% differential, to be determined by the Department Head for all
hours worked while performing those duties. Lead pay must be approved in advance by the County
Administrator.
Section 3
If an employee believes that he/she is working significantly outside hislher classification, he/she may request
that hislher job be reviewed for a reclassification. Requests for reclassification review must be made through
the employee's Department Head. In the event a reclassification is approved by the County Administrator (per
Deschutes County Code 3.04.040, Section C), it will be retroactive to the 1st ofthe month following the day the
reclassification request was presented by the Department Head to Personnel in writing.
ARTICLE 13 -VACANCIES
Section 1
Normally, all job vacancies that the County intends to fill shall be posted in the Personnel Department and over
the County Intranet for a minimum of seven (7) calendar days. In the event of an unanticipated business need,
vacancies may be posted for fewer than seven (7) calendar days. Whenever possible, job announcements for
such vacancies shall be sent to each department for posting for no less than ten (to) days.
Section 2
The decision to hire, transfer, assign and promote employees shall be based on skill, ability, qualifications,
recency of experience, training, length of service and work performance record. In recognition of seniority, the
senior employee shall have preference if all the foregoing factors are equal in the sole judgment of the County.
Section 3
Department employees who apply for a position opening within their department shall be entitled to an
interview provided they meet the minimum job qualifications as determined by the Department Head, and have
an overall rating of at least "Effective Meets Standards" on the employee's most recent performance
evaluation.
Section 4
County employees who apply for a position and do not receive it, shall be given the reason for their non
selection should the employee request a reason.
ARTICLE 14 -ASSIGNMENT OF PERSONNEL
Section 1
The decision to hire, transfer, assign, promote and layoff employees shall be based on skill, ability,
qualifications, recency of experience, training, length of service and work record. In recognition oflength of
service, the senior employee shall have preference if all the foregoing factors are equal in the sole judgment of
the County. The County shall make every effort to transfer laid off employees into any vacant position for
which they are qualified. Employees shall be notified of layoff at least thirty days in advance of layoff.
AFSCME-2014·2017 Page 112
Section 2
Employees shall be eligible for recall for a period of eighteen (18) months. Employees shall be notified of recall in
writing, and shall have ten (10) calendar days in which to respond. The County will make every effort to place
laid off employees in any other position for which they are qualified.
Section 3
Employees transferred or promoted out of the bargaining unit shall not accumulate seniority while out of the
bargaining unit. Any such employee subsequently returned into a bargaining unit position, in the same department,
shall be entitled to have their frozen seniority restored, which was earned in the bargaining unit.
ARTICLE 15 -PERFORMANCE EVALUATIONS
Section 1
Each employee shall receive a performance evaluation prepared by hislher immediate supervisor or Department
Head at least annually according to the time lines in Article 8, Section 3(B) ofthis Agreement. The rater shall
discuss the performance evaluation with the employee. The employee shall have the opportunity to provide
hislher comments to be attached to the performance evaluation. The employee shall sign the performance
evaluation and that signature shall only indicate that the employee has read the performance evaluation. A copy
of the performance evaluation shall be provided to the employee at the time of the evaluation.
Section 2
Classification specifications shall be provided to the employee upon hiring and annually at the time of the
employee's performance evaluation.
ARTICLE 16 -LONGEVITY AND LENGTH OF SERVICE
Section 1
Length of service is determined by the length of an employee's continuous full-time or part-time service with a
County Department.
Section 2
Longevity is determined by an employee's continuous full-time or part time service as a County employee.
Section 3
For employees working less than full time, longevity pay shall be pro-rated by the number of hours for which
the employee was hired to work.
Section 4
Accrued length of service and/or longevity shall terminate in the event of the following:
1. Voluntary termination for greater than three (3) months except under special circumstances to be
determined by the County.
2. Discharge for cause.
3. A lay-off period of more than eighteen (18) months.
4. Failure to report to work at the termination of a leave of absence.
5. Acceptance of employment without permission while on leave of absence.
6. Retirement.
Section 5
Time off during layoff period shall not count toward length of service or longevity accrual.
AFSCME -2014·2017 Page 113
ARTICLE 17 -HOLIDAYS
Section I
The following shall be recognized as paid holidays:
New Year's Day Labor Day
President's Day Veteran's Day
Martin Luther King's Day Thanksgiving Day
Memorial Day Christmas Day
Independence Day One (l) Floating Holiday
Whenever a holiday falls on Sunday, the following Monday shall be considered a holiday. If a holiday falls on
Saturday, the preceding Friday shall be a holiday. If an employee works on the actual holiday that falls on a
Saturday or Sunday, that day would be the employee's holiday and they will be paid in accordance with Article
17, Section 3 for that day only. In no event shall an employee receive holiday pay for both the observed and
actual holiday. Holidays that occur during paid vacation or sick leave shall not be charged against vacation or
sick leave. In order to qualifY for holiday pay, employees must work their entire, normal workdays before and
after the holiday or be on authorized leave of absence with pay.
Section 2
Full time employees shall be compensated at the straight time rate of eight (8), hours for each recognized
holiday. Employees working an alternative schedule of 9 or 10 hours have the choice to: a) revert to a 5/8
schedule during the week in which the holiday occurs, or; b) use accrued time management leave, comp time,
or other accrued paid time offto equal 40 hours for the week. The choice of reverting to a 5/8 schedule or using
accrued leave shall be approved in advance by the supervisor or Department Head.
All part time employees (halftime or more) shall be compensated at the straight time rate on a prorated basis
(based on an 8-hour work day) for each recognized holiday.
Section 3
Work performed by non-exempt employees on holidays which fall within the regular work schedule shall be
considered as overtime work, and the employees who work on such holidays will be granted time off or
compensation pay on the basis of time-and-one-half for the hours worked in addition to their regular holiday
pay.
Section 4
Full and part time employees who have recognized holidays falling on their days offwill be credited with
straight time off for these holidays in a "holiday leave bank", or have the holiday paid as additional hours if
mutually agreed on between the employee and Department Head. Holiday leave bank accounts shall not
exceed 60 hours.
Section 5
The floating holidays can be used any time during the calendar year by mutual consent between the employee
and the supervisor or Department Head. New employees shall be employed six (6) months before they are
eligible for the floating holiday. Floating holidays cannot be carried over from year to year. Employees will not
receive pay at the time of termination of employment for any unused floating holiday.
AFSCME-2014-2017 Page I 14
ARTICLE 18 -TIME MANAGEMENT
I !
The specific application ofthis section will be governed by the Time Management Program. (Appendix A of
this Agreement).
Section I
Regular full-time and regular part-time employees can use their accrued leave as soon as it is accrued after
receiving authorization from their Department Head. Leave accrual for regular part-time personnel is computed
on a pro-rated basis based on authorized FTE.
Section 2
Leave accrues while an employee is on leave with pay, but not while on leave without pay. No employee can
be granted leave without pay until after all forms of accrued leave have been exhausted.
Section 3
When an employee is transferred or appointed to another department, all of hislher leave will be assumed by the
new department.
Section 4
An employee who terminates hislher employment is entitled to cash compensation in lieu of leave. In case of
death, compensation for accrued leave will be paid in accordance with state law.
Section 5
Department Heads shall establish staffing schedules to provide for requested leave for employees, and
employees are to take leave at the time scheduled. A record of time taken shall be kept on file in the
department. Such schedules may be amended to meet work emergencies. In establishing regular schedules,
Department Heads shall give due consideration to the desires of individual employees while weighing the work
requirements of the department. Whenever possible, longevity shall prevail where there is a conflict between
two or more employees wanting the same time off for vacation purposes.
Section 6
At least once each year, all regular employees must be allowed to take five (5) days consecutively if accrued.
ARTICLE 19 -SICK LEAVE
Section 1
When an employee is physically unable to perform duties because of illness or injury, the employee shall notify
hislher immediate supervisor as soon as possible prior to the beginning ofhislher shift. At the request of the
immediate supervisor or other superior, the employee will obtain certification from an attending physician,
documenting the nature and period of illness.
Section 2
This Section applies only to those employees who have time in the sick leave bank. Sick leave bank may be
used only after the employee has been absent for an equivalent of at least three full days within the prior 30-day
period for qualifying sick leave. Sick leave bank hours shall be used only for the following:
1. Illness or injury.
2. Medical or dental care.
3. Exposure to contagious disease under circumstances by which the health of fellow employees
or the public would be endangered.
AFSCME-2014-2017 Page 115
4. FMLNOFLA qualifying leave in accordance with State and Federal Family Medical Leave
laws.
5. Death of a family member as defined by FMLNOFLA. Up to five working days in
succession per occurrence may be used for these purposes with no mandatory use of time
management leave first if the employee has a sick-bank account. Either time management or
sick-bank leave must be used. An additional three more days maximum of sick bank or time
management may be utilized upon the County Administrator's (per Deschutes County Code
3.04.040, Section C) approval with Department Head recommendation.
Section 3
See Article 18 Section 3.
Section 4
Upon written application for an employee, leave without pay may be granted by the Department Head subject to
final authorization by the County Administrator (per Deschutes County Code 3.04.040, Section C) for a
reasonable period of disability after earned leave and FMLNOFLA leave have been exhausted. In no instance
shall such leave without pay exceed six months.
Section 5
The County will allow sick bank rollover in accordance with the rules established by PERS.
ARTICLE 20 -LEAVES OF ABSENCE
Section I
Full-time and part-time employees shall be granted leave with full pay, computed on the basis of their normal
number ofworking hours per day, at the employee's regular straight-time hourly rate, any time they are
required by summons or subpoenas to report for jury duty or jury service. An eligible employee shall endorse
any fee, excluding mileage, to the County as a condition to receipt of jury pay.
Section 2
Leave credit shall continue to accrue to those employees who are on leave with pay. For the accumulation of
leave credit and the granting ofleave, computation shall be made in hourly or partial hour units. Deductions
shall not be made from leave accumulations for regularly assigned days off, or County holidays occurring
during a period ofleave with pay if the employee returns to work on the first day thereafter or has been granted
additional leave.
Section 3
Employees shall be entitled to family medical and parental leave in accordance with Federal and Oregon law.
Section 4
An employee who has served with the County for at least six months and who is a member ofthe National
Guard or the reserve of any branch of the U.S. Military is entitled to military leave not to exceed fifteen (15)
work days per Federal fiscal year. Such leave will be granted without loss oftime, payor other leave and
without impairment of merit rating or other rights or benefits. Military leave with pay may be granted to
personnel with bona fide military orders and shall not be paid if the employee does not return to hislher position
immediately following the end of the approved duty period. Department Heads are required to report
employees on leave on the payroll time and leave worksheets. Copies of military orders shall be placed in the
employee's personnel file. Military leave without pay will be granted to employees for performance of military
service, pursuant to bona fide military orders, in accordance with the provisions of Oregon State law and the
provisions of the Uniformed Service Employment and Reemployment Rights Act of 1994, as amended.
AFSCME-2014-2017 Page 116
Employees may, but are not required to, use accrued and unused time management leave for any period of
military service which is unpaid by the County.
Section 5
After completing one year of continuous service, a regular full-time employee, upon written request may be
granted a leave of absence without pay by the County Administrator (with departmental approval) for the
purpose of upgrading hislher professional ability through enrollment in educational courses at an accredited
school. The period of such leave of absence may not exceed one year, but may be renewed or extended upon
request of the employee and approved by the County Administrator. After the expiration of such educational
leave of absence, the employee shall normally be returned to hislher same job classification and same salary
step.
Section 6
Employees may be granted time off with pay for educational purposes to attend conferences, seminars, briefing
sessions, training programs and other programs of a similar nature required or approved by the employee's
Department Head.
Section 7
Leave with pay shall be granted for actual work time missed for an appearance on the County's behalf,
connected with hislher official duties before a court, legislative committee, judicial or quasi-judicial body as a
witness if required by the County. Employees shall return to the County any compensation, excluding mileage,
received as a result of such duty.
Section 8
Special leave is a provision created to accommodate natural disasters and life threatening situations. If there is
a building emergency, a bomb threat or a natural disaster, special leave may be granted to County employees by
Board decree. Such leave does not affect an employee's earned leave.
Section 9
An employee's Department Head may grant a leave of absence without pay not to exceed thirty calendar days.
Leave of absence without pay for periods in excess of thirty days must be approved by the County
Administrator.
Section 10
Leaves of absences without pay may not be granted until all accrued leave has been exhausted.
ARTICLE 21 -HEALTH AND WELFARE
Section 1
Health Insurance is to include the following:
• Medical Insurance
• Vision Insurance
• Dental Insurance
• Prescription Drug Insurance
• Orthodontic Insurance
Section 2
Other insurance is to include the following:
• Employee life insurance
• Dependent life insurance
AFSCME -20l4-20l7 Page 117
• Long-teon disability insurance
• Unemployment insurance
• Retirement health insurance
Section 3
In addition to health insurance and other insurance, the County will make available to AFSCME represented
employees a qualified IRS 125 plan.
Section 4
The County will provide insurance benefits at the same level and under the same conditions as a regular full
time employee, to retired County employees collecting PERS who have worked for the County for thirty (30)
years or more on a full-time basis. This benefit will be provided until the employee reaches the age of sixty
five (65), or until eligible for Medicare.
Employees who retire from the County with more than fifteen (15) years and less than thirty (30) years of full
time service are eligible to receive a County contribution towards their monthly insurance premiums until age
sixty-five (65) or until eligible for Medicare, in accordance with a schedule recommended by the EBAC and
approved by the Board of County Commissioners. The schedule of retiree premiums and County contributions
shall be posted on the Personnel Department Intranet site.
Section 5
Full-time and part-time (half-time or more) employees will be eligible for benefits in accordance with this
contract. Regular, part-time employees (half-time or more) will be required to pay pro-rated premium
contributions based on their percentage of hours worked if they elect the Standard plan. If a part-time employee
elects the High-Deductible plan, then the premium contribution will be the same as a full-time employee on the
Standard plan.
Section 6
Workers' Compensation will be paid at the rate mandated by Oregon State Law. Time loss payments begin
three (3) calendar days after the employee leaves work or loses wages as a result of a compensable injury.
In case of extreme emergency, the County Administrator may authorize the use of the employee's accrued
leave, which shall be the difference between the employee's regular net monthly salary and the amount of
Workers' Compensation payment. When an employee receives approval under this section, pro-rated charges
will be made against the employee's accrued leave. In no case shall the combined payment exceed the
employee's net regular monthly salary rate. In no case will supplemental payments be allowed after an
employee becomes eligible for long-teon disability benefits. Accrued leave shall not include leave acquired by
leave donation.
"Extreme emergency" is defined as:
• Inability to return to work in any capacity for at least four working weeks.
• Demonstrated increase in basic living expenses as a direct result of the injury.
• Extreme hardship, determined by the County Administrator.
Section 7
The Employee Benefits Advisory Committee including four (4) AFSCME representatives (see Appendix B)
shall meet at least eight (8) times per year for the purpose of reviewing program performance and advising the
Board of Commissioners on desired changes in Insurance Benefits. The committee shall meet and review any
proposed changes to the Insurance Benefits Plan before a change is made.
AFSCME -2014-2017 Page 118
Health benefits and other insurance will be provided to AFSCME represented employees under the same
conditions and restrictions as provided to all other County employees. Coverage may be adjusted or modified
by the County after soliciting a recommendation from the County Employee Benefits Advisory Committee.
Section 8
A health benefits plan document shall be adopted annually by the County following a review by the Employee
Benefits Advisory Committee. The per FTE cost of providing the health benefits called for in this plan shall be
determined by an actuarial valuation or by a review conducted by the County's excess insurance carrier. The
County shall annually, as part of the budget adoption process, establish an employee premium contribution. The
employee premium contribution shall not exceed $65 per month for the 11112 fiscal year. The employee
premium contribution shall be no greater than 7.5% of the per FTE cost of providing health benefits under the
adopted plan for the 12/13 fiscal year. The employee premium contribution shall be no greater than 9.5% of the
per FTE cost of providing health benefits under the adopted plan for the 13/14 fiscal year. The County reserves
the right to establish a tiered system for premium contributions under which different contribution rates may be
established for a single employee, employee and spouse/same sex domestic partner, employee and child(ren), or
full family benefits.
ARTICLE 22 -RETIREMENT
The County shall be a participant in the Public Employees Retirement System (PERS)/Oregon Public Service
Retirement Plan (OPSRP) or its equivalent.
After the employee has completed hislher six full months' employment period and holds a position requiring
that the employee work in excess of 600 hours per year, the County shall make contributions to PERS/OPSRP
in accordance with levels established for the employee's position. The employees will contribute to
PERS/OPSRP in accordance with the state law.
In the event that state law provides for other alternatives, members of AFSCME will be afforded the same
options available to non-represented employees.
The County will take appropriate action to have the employee contribution defined as pre-tax in accordance
with tax code regulations.
The County will continue to provide a Deferred Compensation plan in compliance with IRC 45. The plan will
be available to all AFSCME bargaining unit employees.
ARTICLE 23 -TRAVEL EXPENSES
Reasonable and necessary travel, meal and miscellaneous expense reimbursement will be approved for payment
when an employee incurs expenses while acting within the scope of employment with Deschutes County in
accordance with Deschutes County Finance Policy No. F -01, or subsequently adopted travel and expense
policy. Compensation while traveling on County business shall be subject to Deschutes County Policy No. HR
15. The County shall not modify the versions of Policies No. F-Ol and HR-15 in place when this Agreement
takes effect without first providing the Union with at least 14 days prior written notice and an opportunity to
bargain the modification. Upon timely demand the County and the Union shall bargain the modification. Failure
by the Union to demand to bargain within such 14 days shall be deemed a waiver of the opportunity to bargain
the modification.
AFSCME -2014-2017 Page 119
ARTICLE 24 -SAFETY
Section I
The County and the Union agree to cooperate in the continuing objective to eliminate accidents and health
hazards.
Section 2
All employees are encouraged and expected to infonn their supervisor of safety concerns in the work place
including health and safety issues. It is clearly understood that the County shall take no reprisals against
employees for reporting issues to their supervisor or the risk manager.
Section 3
The County will continue a comprehensive risk management program including approved OSHA safety
committees and will review issues reported in Section 2 above. The Union shall be entitled to have a
representative on each committee. Minutes from safety committee meetings shall be posted in affected areas.
ARTICLE 25 -PROFESSIONAL DEVELOPMENT
Section I
The County shall pay for the professional registration, certification or licensure of all full-time professional staff
required to maintain their registration, certification or licensure as a condition of employment and as required
by state law. This includes but is not limited to: Public Health Nurses, Environmental Health Specialists,
Property Appraisers, Registered Health Infonnation Technicians, Mental Health Clinicians, Building
Inspectors, and Notaries Public.
Section 2
In the event an employee utilizes their license for any private gain andlor any non-county services they shall
reimburse the county the full amount expended on their behalf.
ARTICLE 26 -RIGHT TO CONTRACT
The County expressly reserves the right to contract any and all County work and services to non-County
employees. The County agrees to fulfill its obligations under the Public Employee Collective Bargaining Act
(PECBA) before contracting out any work. The County agrees that it will not contract out services with the
purpose to end the Union's representation status.
ARTICLE 27 -SEPARABILITY
In the event that any provision of this Agreement shall at any time be declared invalid by any court of
competent jurisdiction or through government regulations or decree, such decision shall not invalidate the entire
Agreement, it being the express intention ofthe parties hereto that all other provisions not declared invalid shall
remain in full force and effect.
ARTICLE 28 -SCOPE OF AGREEMENT
Section I
The Agreement expressed herein in writing constitutes the entire Agreement between the parties. This
Agreement shall supersede all previous oral and written Agreements between the County and the employees. It
is agreed that the relations between the parties shall be governed by the terms of this Agreement only, no prior
agreements, understandings, past practices, existing conditions, prior benefits, oral or written, shall be
controlling or in any way affect the relations between the Parties, or the wages, hours and working conditions
AFSCME-2014-2017 Page 120
unless and until such Agreement, understandings, past practices, existing conditions an prior agreements shall
be reduced to writing and duly executed by both parties.
Section 2
In the event the County intends to make a unilateral change in a mandatory subject of bargaining as defined by
ORS 243, the County agrees to notify the Union and subsequently fulfill its obligation under PECBA prior to
making said change.
ARTICLE 29 -TERM OF THE AGREEMENT
This Agreement shall be effective July 1,2014, and shall remain in full force and effect through June 30, 2017.
Article 2 shall be re-opened on the issue of Fair Share if the Union achieves 70% membership. However, the
parties may re-open Articles 2 and 29 to bargain whether, and under what terms, a fair share agreement as
defined under ORS 243.650(10) and as otherwise governed by Oregon law may be incorporated into the
Agreement. Articles 2 and 29 may only be re-opened according to the terms specified in Article 2, Section 5,
Subsection B. No other articles or sections of the Agreement will be reopened during the term of the
Agreement unless otherwise agreed in writing by the parties.
ARTICLE 30 -WAGES
There shall be a cost-of-living adjustment to the 14/15 fiscal year wage schedule of 1.6%. For fiscal years
15/16 and 16/17 there shall be a cost-of-living increase equal to U.S. All Cities CPI-U, January to January, as
follows:
Beginning July 1,2015 an increase of2.0%
Beginning July 1, 2016 an increase of 2.0%
AFSCME -2014-2017 Page 121
APPENDIX "A"
SUBJECT: TIME MANAGEMENT -AFSCME
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 AFSCME represented employees. Time Management Leave shall accrue in lieu
of the following:
• Sick leave (non occupational illness or injury leave)
• Vacation leave
• Family emergency
• Compensatory time (except as provided in Article 11 and Deschutes County General Policy No.
HR-4)
Nonexempt employees who are eligible for 1.5 compensatory time or overtime will still receive such
under this program in accordance with the Fair Labor Standards Act. Exempt employees are eligible for
flex time under the same terms and conditions applied to non-represented employees in accordance with
County Policy HR-7 subject to supervisor or Department Head approval.
III. LEAVE-WITH-PAY PROVISIONS
A. All employees entering the Time Management Program will be credited with their
existing vacation time balance.
Nonexempt employees will earn leave, based on full-time service, in accordance with the
following schedule:
Months of
Service
0-48 months
49 -108 months
109 -168 months
169 -228 months
229 -288 months
289+ months
Hours of
Leave
168 hours
192 hours
216 hours
240 hours
264 hours
288 hours
Earned Leave
Accumulation
14 hrs/month
16 hrs/month
18 hrslmonth
20 hrs/month
22 hrs/month
24 hrs/month
AFSCME -2014·2017 Page 122
I
B.
C.
D.
E.
F.
G.
AFSCME -2014-2017
Exempt 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 216 hours 18 hrs/month
49 108 months 240 hours 20 hrs/month
109 -168 months 264 hours 22 hrs/month
169 -228 months 288 hours 24 hrs/month
229+ months 312 hours 26 hrs/month
Beginning January 1, 2012, leave earned during the month cannot be used until the first
day of the following month.
For regular part-time employees, all reference to time accrual or usage in the Time
Management Program shall be prorated according to the percentage of full-time
equivalency authorized for the position.
During the course ofthe year, absence from work for any reason other than on-the-job
illness or injury covered by Workers Compensation or paid holiday shall be charged
against "earned leave" except as provided in Section IV.B. of this policy. Earned leave
shall accrue whenever an employee is on paid status with the County. Employees do not
accrue earned leave when on leave without pay.
An employee may accumulate earned 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 time management leave greater than twice
the annual accumulation shall have the amount above the maximum accumulation
transferred to their sick leave bank account. If the employee does not have a sick-bank
account, an account will be established for the employee. An employee who has acquired
the maximum allowable accumulation of time management leave may continue to
accumulate earned leave for the balance of the following 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 the
excess will be transferred to hislher sick-bank account.
Upon an employee's termination, all of the employee's earned time management leave
(including vacation rollover, if any) shall be paid to the employee at the current rate of
pay.
In the event of an employee's death, all earned leave shall be paid according to state law.
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.
Page 123
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 prior to their scheduled shift.
I. After one year of continuous employment, employees may request to convert up to 40
hours of accrued leave to cash on an annual basis. To be eligible, an employee must
maintain a minimum balance of one year's time management accrual and must have used
the minimum time management leave specified in Section G. A request for conversion of
annual leave to cash must be approved by the Department Head subject to budget
restrictions and is allowed once each fiscal year. The request must be made prior to April
15th and will be included in the employee's April paycheck. The Personnel Department
will distribute request forms no later than the first week of April.
J. During the last three years prior to retirement, employees may sell up to an additional 80
hours each calendar year of their annual time management leave accrual at the current
rate of pay. Extensions of an employee's scheduled 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 sick leave bank account. No additional sick leave will be earned. Existing sick
leave will be treated in the following manner:
A. No compensation for accrued sick leave bank shall be provided for any employee for any
reason, except that one-half of the employee's accrued sick leave bank shall be paid to
the employee or hislher beneficiary upon death or permanent total disability.
B. Employees will be allowed to convert up to 100 hours of existing sick leave to time
management leave on a two-for-one basis. (100 hours of sick leave will convert to 50
hours of time management leave).
C. Employees with an existing sick leave bank as of the date this contract is signed shall
have those hours moved to a "sick leave vault." One-half of the employee's sick leave
vault balance will be paid to the employee upon termination of employment or, upon
death of the employee (in accordance with state law). No additional hours will be
transferred to the sick leave vault.
D. Use of Accrued Leave Due to Illness or Injury. Unless otherwise required by law, the
sick leave bank and sick leave vault may only be used by the employee after the
employee has been absent from work for the equivalent ofthree entire workdays due to
the same illness or injury. Time off during the first three (3) days will be deducted from
the employee's accrued and unused time management leave or, if the employee does not
have sufficient time management leave, will be deducted from accrued compensatory
time or any other paid leave time or be identified as leave without pay.
AFSCME -2014-2017 Page 124
E. Definitions:
1. "Sick Leave Bank" is leave available for use when an employee is sick and absent
from work for the equivalent of three (3) entire work days due to an illness or injury.
Time Management Leave accrued above the annual maximum and not sold back is
transferred to the sick leave bank. Sick leave bank is not paid out except as otherwise
provided in subsection A of this Section IV.
2. "Sick Leave Vault" is leave available for use when an employee is sick and absent
from work for the equivalent ofthree (3) entire work days due to an illness or injury.
One-half of the sick leave vault hours will be paid to the employee upon termination of
employment.
AFSCME-2014-2017 Page 125
APPENDIX "B"
DESCHUTES COUNTY GENERAL POLICY NO. GA-6
SUBJECT: Duties and Responsibilities of the Employee Benefits Advisory Committee
DISCUSSION: It is the goal of the Board of County Commissioners to provide a quality Health and Welfare
Insurance Benefit Program on a consistent basis to all regular County employees. In providing these benefits it
is also the responsibility of the Board to provide such benefits within established budgetary constraints.
POLICY:
In order to assist the Board in providing a consistent level of Health and Welfare benefits to all regular County
employees, the Board of County Commissioners will appoint an Employee Benefits Advisory Committee
(EBAC).
The primary responsibility of the EBAC will be to meet with Personnel staff, the agent of record, and insurance
representatives, in order to review/evaluate all possible options with regard to employee benefits. The EBAC
will make recommendations to the Board of County Commissioners regarding Health and Welfare benefit
levels.
The EBAC will also be a source of advice for the Personnel Department concerning benefit administration.
EBAC MEMBERSHIP:
The EBAC will be comprised of the following voting membership:
4 representatives from AFSCME
2 representatives from DCSA
1 representative from 701
I representative from 9-1-1
1 representative from DCDAA
I Personnel Services Manager
1 Risk Manager
5 Department Heads, Managers, and/or Elected Officials
1 Representative for COIC (Central Oregon Intergovernmental Council)
The County Administrator will be a non voting member of the committee. Additional non-voting members may
be appointed at the discretion of the committee. A Chair and Vice Chair will be selected annually by the
committee, with one position to be filled by a manager or elected official, and the other will be a non
management representative.
The Personnel Department will provide staff support to the committee.
MINIMUM MEETING REQUIREMENTS:
At a minimum, the EBAC will meet eight (8) times per Fiscal Year. Additional meetings may be scheduled at
the discretion of the committee. Subcommittees may also be established at the discretion of the committee.
AfSCME-2014-2017 Page 126
The EBAC may request the removal or replacement of a voting member who is not able to attend two (2) or
more consecutive EBAC meetings, or four (4) or more meetings in any twelve month period.
Minutes of each meeting will be kept and in-tum distributed to each committee member, the Board of
Commissioners, and Department Officials and posted on department bulletin boards and on the County's
intranet site. All employees with an e-mail address will receive notice of planned meetings and an electronic
copy of the minutes of each meeting.
The meetings will be open to all interested employees.
AFSCME-2014-2017 Page 127
SIGNATURE PAGE
DATEDthis ____dayof __________"2014.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Tammy Baney, Chair
Anthony DeBone, Vice Chair
Alan Unger, Commissioner
FOR THE UNION
Jonathan Spring, AFSCME
Negotiating Team Member
Sandy Ringer, AFSCME
Negotiating Team Member
Yaju Dharmarajah, AFSCME
Council 75 Representative
Date
Jared Butler, AFSCME
Negotiating Team Member
Brent Snow, AFSCME
Negotiating Team Member
AFSCME -2014-2017 Page 128
I