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HomeMy WebLinkAboutLabor Agrmt - Black Butte CSD - Police SvcsDeschutes County Board of County Commissioner 1300 NW Wall St., Ste 200, Bend, OR 97701-1960 (541) 388-6570 — Fax (541) 385-3202 — www.deschutes.org AGENDA REQUEST AND STAFF REPORT For Board Business Meeting of 4/7/2010 Please see directions on the next page for completing this document DATE: March 31, 2010 FROM: Mark Pilliod Legal 541-388-6624 TITLE OF AGENDA ITEM: Approval of Labor Agreement Between Black Butte Ranch County Service District (Department of Police Services) and General Teamsters Local Union #324, July 1, 2010 through June 30, 2015, Document No. 2010-228. PUBLIC HEARING ON THIS DATE? NO BACKGROUND AND POLICY IMPLICATIONS: A new five-year labor contract has been negotiated with the Black Butte Police Services Union, subject to final approval by the Service District governing body. Annotated versions of the proposed agreement are attached. Signature -ready document will be distributed prior to the meeting. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Approval of Labor Agreement Between Black Butte Ranch County Service District (Departmen of Police Services) and General Teamsters Local Union #324, Document No. 2010-228. ATTENDANCE: Mark Pilliod, County Legal Counsel; William Carson, representative of Black Butte Ranch County Service District DISTRIBUTION OF DOCUMENT: Legal Department (Mark Pilliod) Black Butte Service District General Teamsters Local Union #324 Black Bulte Ranch Poo Contents Police Department 1. Black Butte Ranch Depart of Police Services Proposed Union Contract - July 1, 2010 - June 30, 2015 with District Comments on Selected Paragraphs (See Sections 4.6, 5.1, 6.1, 7.1, 10.2, 10.3, 11.2, 11.4, 12.1, 12.2, 13.2, 13.3, 13.7, 15.1, 15.2, 16.2, 18.1, 20.1 & Article 23) 2. Contract Attachment "A" - Salary Schedule 3. Comparable Department Compensation Packages 4. Discussion of Attachment "A" and Application of Comparable Compensation Packages k>1448 441P09 8000.Black Butte Rancr1•0-erlf,,r. 9/759. Petal(' 54 1 /595 2.191• i:J): 541595- :033 ,.•.....•ow61.-.4z!KI3ueR,37,:± no ire co-rs E-PitUld*Utxpdgztlenlicable.c3x1) Labor Agreement Between Black Butte Ranch County Service District (Department of Police Services) And General Teamsters Local Union No. 324 July 1, 2010 Through June 30, 2015 TABLE OF CONTENTS Page Preamble 2 Article I - Recognition 2 Article 2 - Management Rights 2 Article 3 - Non -Discrimination 3 Article 4 - Union Rights 3 Article 5 - Scope of Agreement 4 Article 6 - Right to Contract 5 Article 7 - Assignment of Personnel 5 Article 8 - Hours of Work 5 Article 9 - Safety 5 Article 10 - Insurance 6 Article 11 - Wages, Incentive Pay & Overtime 6 Article 12 - Sick Leave 8 Article 13 - Personal Time (PTO) 9 Article 14 - Personnel Records 10 Article 15 - State Retirement System Membership 10 Article 16 - Grievance Procedure 11 Article 17 - Discipline and Discharge 13 Article 18 - Probationary Period 13 Article 19 - Strikes and Lockouts 14 Article 20 - Uniforms 14 Article 21 - Jury Duty 15 Article 22 - Savings Clause . 15 Article 23 - Term of the Agreement 15 Signature Page 16 Attachment 'A' Divider #2 1 PREAMBLE This Agreement is entered into by and between the Black Butte Ranch County Service District, hereinafter referred to as the 'District' and the General Teamsters Local Union No. 324, hereinafter referred to as the 'Union' for purposes of setting forth the full agreement between the parties concerning rates of pay, schedule of hours and other conditions of employment affecting members of the bargaining unit. Both the District and the Union recognize that it is in their mutual interest to provide the highest level of service possible including safety and security to Black Butte Ranch. Therefore, both parties agree to promote business practices 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, and protection of property and avoidance of interruptions. The parties will cooperate fully to secure the advancement and achievement of the purposes. ARTICLE I - RECOGNITION Section 1.1 The District recognizes the Union as the sole and exclusive bargaining agent for all full-time employees performing police duties, excluding temporary employees, volunteers, the Police Chief, Sergeant and Administrative Assistant. ARTICLE 2 - MANAGEMENT RIGHTS Section 2.1 In order to operate its business, the District, in its sole discretion, retains and shall have the following exclusive rights: to determine the number, location and type of facilities; to determine the type and/or quality of services rendered; to determine the methods, techniques and equipment utilized; to hire, supervise, evaluate, discipline, discharge, promote, demote, layoff, transfer and recall the work force; to assign work and change, combine, create or abolish job classifications and job content; to establish and make known reasonable work rules and safety rules for all employees; to contract; and to determine the number of employees, including the number of employees assigned to any particular operation or shift. 2 Section 2.2 Any of the rights, powers, authority and functions the District had prior to the negotiation of this Agreement are retained by the District and the express provisions of this Agreement constitute the only limitations on the District's right to manage its' business. The District not exercising rights, powers, authority and functions reserved to it, or its exercising them in a particular way, shall not be deemed a waiver of said rights, powers, authority and functions or of its' right to exercise them in some other way not in conflict with a specific provision of this Agreement. Section 2.3 All other traditional rights of management are also expressly reserved to the District. The express provisions of this Agreement constitute the only limitations upon the District's right to manage its' business as set forth in Article 5. ARTICLE 3 - NON-DISCRIMINATION Section 3.1 The District and the Union agree not to discriminate against any employee on the basis of race, color, sex, age, national origin, marital status, religion, disability or Union activity or non -Union activity. Section 3.2 The terms of this Agreement shall be applied equally to all members of the bargaining unit. ARTICLE 4 - UNION RIGHTS Section 4.1 - New Hires The District agrees to provide each new hire a copy of this Agreement upon their employment. The Union will provide sufficient copies of the Agreement for this purpose. Section 4.2 - Check Off Membership or non -membership in the Union shall be the individual choice of employees covered by this Agreement; provided, however, that any employee covered by this Agreement who chooses not to become a member of the Union shall pay an "in -lieu -of -dues" payment to the Union equal to the Union's monthly dues and initiation fees in order to defray the cost of services for negotiations and contract administration. All employees covered by this Agreement shall either become members of the Union or participate in the "fair share" program upon completion of six (6) consecutive months of employment. 3 Section 4.3 - Religious Exemption Any individual employee's objection to payment of Union dues, or a like amount in lieu of dues and initiation fees which is based on bona fide religious tenets or teachings of a church or religious body of which such employee is a member, or sincerely held religious belief, will require the employee to inform the District and the Union of such objections in writing. The employee will meet with representatives of the Union to establish a mutually satisfactory non -religious charity to which the contribution of an amount of money equivalent to regular Union dues will be made. Section 4.4 - New Employee The District shall notify the Union of all new hires including names, addresses and dates of hire. Section 4.5 - Union Visitation A duly authorized representative of the Union, upon reasonable notice, may be permitted at reasonable times to enter the facilities operated by the District for the purpose of transacting Union business. However, the Union's representative shall, upon arrival at the District's facilities, request permission from the Chief or his designee to transact Union business. Transaction of any business shall be conducted in an appropriate location subject to rules, applicable to non -employees and shall not interfere with the work of employees. No visitations shall disrupt care or productivity and the District reserves the right to discontinue such visitations at any time. Section 4.6 All Union activities shall be on the employees' own time and shall not take place during working hours. Union members will be given unpaid time off to participate in Union activities with 14 days notice to the department, subject to approval by the Police Chief. (union wanted shop steward to be paid for official union activities - not agreed to) Section 4.7 - Bulletin Boards The District will provide bulletin board space which the Union may utilize for official Union business. The District shall determine location and size and all postings shall be approved by the District. Section 4.8 - Hold Harmless The Union will indemnify, defend and hold the District harmless against any claims made and against any suit instituted against the District as a result of any action taken pursuant to the provisions of Section 4.2. The Union and the District each agree to reimburse any money paid or not paid in error within 30 days of notification of such error. ARTICLE 5 - SCOPE OF AGREEMENT Section 5.1 The Agreement expressed herein in writing constitutes the entire 4 agreement between the parties. It is understood that the specific provisions of this Agreement shall be the sole source of the rights of the Union and the rights of any employee covered by this Agreement, and shall supersede all previous oral and written agreements between the District and the employees. The District is under no obligation to maintain past practices, existing conditions or historical prior benefits, oral or written. (union wanted to delete past practices language - not agreed to) ARTICLE 6- RIGHT TO CONTRACT Section 6.1 The District expressly reserves the right to contract bargaining unit work to non -District employees in the event of unforeseeable workloads or for other business reasons. The District agrees that it will notify the Union prior to sub -contracting bargaining unit work. The District will not contract for the purpose of displacing existing employees. (union wanted minimum 90 day notice - not agreed to) ARTICLE 7 - ASSIGNMENT OF PERSONNEL Section 7.1 The decision to hire, schedule, transfer, assign, and promote employees shall be based on skill, ability, qualifications, recency of experience, training, length of service and work records as determined by the District. (union wanted to emphasize seniority above all other considerations - not agreed to) ARTICLE 8- HOURS OF WORK Section 8.1 All hours of work and work schedules shall be determined solely by the District. Section 8.2 The official workweek for all employees begins at 12:01 a.m. on Sunday and ends at 12:00 midnight the following Saturday. ARTICLE 9 — SAFETY Section 9.1 The District and the Union agree to cooperate in the continuing objective to eliminate accidents and health hazards. 5 Section 9.2 All employees are encouraged and expected to inform their supervisor of safety concerns in the work place including health and safety issues. ARTICLE 10 — INSURANCE Section 10.1 Effective July 1, 2010, the District agrees to provide health benefits coverage to each employee under the Oregon Teamster Employers Trust. Section 10.2 The District reserves the right to select or change insurance carriers with 60 -day advance notice to the Union. The District further agrees that there will be no reduction in the District's contribution toward comprehensive health coverage if a decision to change carriers is implemented. Prior to making any change, the District will meet and confer with the Union. (language added after union negotiations) Section 10.3 For the period July 1, 2010 through December 31, 2010, the District agrees to pay full health benefits insurance for each eligible employee, except that each eligible employee shall contribute $24 per month. Thereafter, and for the life of this contract, all premium increases will be shared by the parties, with the District paying 75% of the increase and the eligible employee paying 25% of the increase. The maintenance of benefit cost sharing provided above will cease after bar_gainin_q unit employees are required to pay $100 per month. Thereafter the District will pay the premium increases in full. (language added after union negotiations) ARTICLE 11 - WAGES, INCENTIVE PAY & OVERTIME Section 11.1 – Wages The wage schedule is contained in Attachment 'A'. Section 11.2 - Incentive Pay Incentive pay shall include the following: DPSST Intermediate Certificate DPSST Advance Certificate Field Training Officer Evidence Officer Range Master/Firearms Instructor $ 75 per month $150 per month $ 75 per month $ 75 per month $ 75 per month (union requested doubling each of these categories - not agreed to) 6 Longevity Pay $40 per month for 5 to 10 years of service $80 per month for 10+ years of service (union requested $60 & $100 - not agreed to) Employees must maintain satisfactory evaluations in order to be eligible. Certificate pay shall begin the first day of the month following receipt and submission of information to the District. Employees are only eligible for FTC incentive pay for the actual hours assigned to FTO duties. When an employee is assigned to FTO duty, District will provide written notice to the employee of the employee's assigned FTO hours. Note: It is expressly understood that assignments to the FTC, Evidence and Range Master positions are purely at the discretion of the District. All assignments shall be authorized in writing. Section 11.3 - Call Back Pay Officers called back to duty outside of their regularly scheduled shifts shall receive a minimum of two (2) hours pay at the overtime rate. Section 11.4 — Overtime Overtime hours worked will be compensated at the rate of one and one-half times the employee's regular rate of pay or, if compensatory time off is granted in lieu of pay, at the rate of one and one-half hours for each overtime hour worked. Paid time off during the regularly scheduled workweek shall not be considered time worked and shall not be included in the computation of overtime hours. Employees will be compensated at the overtime rate for all hours actually worked in excess of the employee's regularly scheduled shift. Employees may be assigned to work one of the following schedules: 1. 5-8 Schedule: Five (5) work shifts of eight (8) hours per shift during a seven- day work period. 2. 4-10 Schedule: Four (4) work shifts of ten (10) hours per shift during a seven- day work period. 3. 4-12 Schedule: Four (4) work shifts of twelve (12) hours per shift during an eight-day work period Pursuant to the provisions of 29 U.S.C. §207(k), for purposes of determining overtime, District elects to establish an eight- day work period for employees working a 4-12 schedule. The start time for each work shift will be determined by the Police Chief. By agreement between the employee and the District, an employee may receive compensatory time off in lieu of payment for overtime hours worked. Compensatory time off accrual shall not exceed 24 hours. (was 20 hours, union requested 48 hours) ARTICLE 12 - SICK LEAVE Section 12.1 — Medical/Sick Leave The District recognizes that certain illnesses or injuries, including pregnancy, and related conditions, may require an extended period away from work. Medical/Sick Leave is available only if necessitated by an illness or injury to the employee or the employee's pregnancy. Medical/Sick Leave may be used because of the illness/injury of one of the employee's immediate family if approved by the Chief, or in his absence, by the Sergeant. To qualify for Medical/Sick Leave, an individual must be a regular full- time employee. A physician's statement documenting an employee's illness/injury may be required at the option of the Police Chief, or designee, if an employee utilizes three (3) or more consecutive days of sick leave or if the employee is demonstrating a pattern of sick leave abuse. Abuse of sick leave privileges shall be treated in accordance with the discipline and discharge provisions of this Agreement. (added injury to immediate family member as a reason to take sick leave) The duration of leave will be determined by the employee's physician, subject to verification by a physician of the District's choosing. A physician's release for return to work may be required at the option of the Police Chief, or designee, if an employee has been off work for three (3) or more consecutive days because of illness or injury. Section 12.2 - Accumulation of Medical/Sick Leave Employees shall accumulate eight (8) hours per month or 96 hours per year. There is no limit to the number of Medical/Sick Leave hours that can be accumulated by an employee. A record will be kept of the employee's accumulation of Medical/Sick Leave. When an employee leaves employment with the District, the employee's accumulated Medical/Sick Leave may be converted into retirement benefits in accordance with the provisions of the retirement system in place for public employees in the State of Oregon (PERS prior to January 1, 2005) in effect at the time the employee leaves employment with the District. Medical/Sick Leave has no cash value. Employees who resign, retire or are terminated by the District have no vested interest in unused Medical/Sick Leave and receive no payment for it when an employee leaves the District. (union requested an increase to 12 8 hours per month - not agreed to) ARTICLE 13 - PERSONAL TIME OFF (PTO) The District provides a program for eligible employees to earn time off from work with pay. Such earned time will be granted for vacation and holidays. PTO consists of hours of credit earned by eligible employees based on paid hours of service, excluding overtime hours. Employees will use PTO hours prior to taking unpaid time off. Section 13.1 — Eligibility All full-time employees are eligible to participate in the PTO program. Accrual begins on the first day of the month following date of hire. Years of Service/Completed Maximum Vacation/Holiday Hours Earned 0-5 Years 96 hrs. vacation + 80 hrs. holiday = 176 hrs/year 13.33 hrs/month; 20 days/year 5 - 10 Years 144 hrs. vacation + 80 hrs. holiday = 224 hrs/year 16.70 hrs/month; 25 days/year 10+ Years 192 hrs. vacation _ 80 hrs. holiday = 272 hrs/year 20 hrs/month; 30 days/year The maximum earned hours (vacation and holiday) are calculated at .07697 per paid hour worked (equivalent to 20 days); .09615 per paid hour worked (equivalent to 25 days); and .11540 per paid hour worked (equivalent to 30 days), respectively. Years of service is defined as the actual length of time, excluding leaves of absence, the employee has worked on a continuous basis for the Black Butte Ranch Service District or for the Black Butte Ranch Department of Public Safety as a paid year round employee. Section 13.2 — Accumulation Holiday/vacation time shall not be accumulated beyond the maximum annual accrued hours (176/224/272). Holiday/vacation time shall not accrue when an employee is at the maximum accumulation level. (corrected contract so this section showed maximum accrual hours as consistent with section 13.1) Section 13.3 - Scheduled Time -Off Time off that has been requested at least 9 fourteen (14) calendar days in advance and has been approved by the supervisor is compensated from accrued holiday/vacation time. (Union requested that seniority based on time with the department would preempt seniority based on rank - not agreed to) Section 13.4 - Unscheduled Time Off Unscheduled time off may be requested by an employee for an unexpected emergency due to illness or other reasons. The holiday/vacation time must be approved by the supervisor based on the reason for absence and adequate notice provided of the impending absence. An employee is required to provide notice prior to the start of a scheduled work shift to receive holiday/vacation time for time off. Section 13.5 - Cash Out Provisions Employees who terminate, retire, or transfer to an ineligible status shall be paid for any accrued holiday/vacation time through their last day worked. Section 13.6 Employees may request pay in lieu of time off, once per year, up to forty (40) hours but not to exceed their total accrued hours, for emergencies. The request must be approved by the supervisor who will review the request and notify the employee of the decision. Accrued holiday/vacation time credit will be reduced by the amount paid out. Section 13.7 - Bereavement Leave In case of a death in the immediate family of a regular employee, the employee, upon request, shall be allowed two (2) full shifts off with pay for the purpose of attending the funeral and assisting in the arrangements thereof. The immediate family will be defined as the employee's spouse or children, mother or father, sister, brother, present mother-in-law, present father-in-law, grandparents of the employee or spouse, or grandchildren. (requested by union - agreed to) ARTICLE 14 - PERSONNEL RECORDS Section 14.1 Employees have the right to inspect their own personnel record in the presence of a management representative. In order to keep records of employment up -to date, it is the responsibility of the employee to notify the District of changes such as: name and address, telephone number, marital status, dependents, certifications, licenses, and other pertinent information. ARTICLE 15 — STATE RETIREMENT SYSTEM MEMBERSHIP 10 Section 15.1 The District is a participating member of the retirement system in place for public employees of the State of Oregon ("Retirement System" — PERS prior to January 1, 2005.) Employees must comply with the eligibility requirements of the Retirement System for participation in the Retirement System. Once an employee meets the eligibility requirements for participation in the Retirement System, the District will contribute to the Retirement System, on behalf of each eligible employee, the employer's portion, which is based on an actuarial premium, and the employee's six percent (6%) contribution to the Retirement System. If the District's total contribution exceeds twenty-five percent (25%) during the term of this contract, the employee shall contribute any amount over twenty-five percent (25%) up to 31%. Thereafter the Employer will contribute the additional amount required. Total contribution by employees shall not exceed that allowed under state law. (department requested that employee pay his/her PERS contribution after department's contribution reached 25% - agreed to by union) Section 15.2 By Resolution No. 91-009 dated February 13, 1991; the Deschutes County Board of Directors determined that the District would not participate in Federal Social Security benefits pursuant to ORS 237.41 to 273.520. (union requested a new section 15.3 that would give an employee the option to retire from PERS and remain on the job - not agreed to) ARTICLE 16- GRIEVANCE PROCEDURE Section 16.1 The District will promptly consider and respond to employee grievances relating to employment conditions and relationships. Furthermore, the District prefers to correct the causes of grievances informally and encourages both supervisors and employees to resolve problems as they arise. An employee, at his or her discretion may elect to be represented by the Union at any step of the grievance procedure. Section 16.2 - Grievance Procedure The following steps are to be followed in submitting and processing a formal grievance. Step I. The aggrieved employee or group of employees should verbally present the grievance to the immediate supervisor within ten (10) days of the occurrence of the problem. The supervisor shall give his/her oral reply within ten (10) working days of the date of the presentation of the grievance, not including the date of presentation. Step II. If the grievance is not fully settled in Step I, it shall, in detail, be reduced 11 to writing, dated, signed by the aggrieved employee or group of employees, and presented by the aggrieved party to the Chief within ten (10) working days after the supervisor's oral reply is given (not including the day the answer is given). The Chief shall reply in writing to the grievance within ten (10) working days of the date of the presentation of the written grievance (not including the day of presentation). Step III. If a grievance arising out of a suspension without pay or termination is not settled at Step II, the Union may initiate the formation of a Joint Conference Committee to hear the matter. The District shall be notified within ten (10) working days from the denial of the Step II grievance if the Union desires to pursue the grievance. The Joint Conference Committee shall consist of two panel members selected by the Union from a different Local Union, and the District shall appoint two panel members who are not employees or Board Members of the District. The decision reached by the majority of the four panel members shall be binding on the parties. If the panel is unable to reach a majority decision, the Union may appeal the suspension or termination to Step IV below. Step IV. If the grievance from Step II or Step III still remains unsettled, within seven (7) calendar days after the response of the Chief or Joint Conference Committee, the parties or their representatives shall submit the matter to the State of Oregon Employee Relations Board for final determination. The Board's decision shall be final and binding. The Board shall be asked to submit an award within thirty (30) calendar days from the date of the hearing. The parties shall pay an equal amount for the cost of the Board's professional fee and expenses and the cost of any hearing room. (Step IV modified to provide for appeal to State Employee Relations Board instead of appeal to District Board - union agreed to district's suggestion to use Employee Relations Board) Section 16.3 - Time Limits If the grievance procedures established by this Section are not initiated within the time limits, the grievance shall be considered not to have existed. Section 16.4 - District Liability If the District fails to meet or answer any grievance within the time prescribed for such action, the grievance shall automatically advance to the next step. 12 Section 16.5 - Extension of Time Limits 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. ARTICLE 17— DISCIPLINE AND DISCHARGE Section 17.1 No disciplinary action shall be taken without just cause. Disciplinary action shall generally be progressive in nature, beginning with a written warning, but, in all cases, the level of discipline shall be appropriate for the nature of the offense committed. Section 17.2 Possible disciplinary actions include the following: (1) Written warning (2) Suspension (3) Demotion (4) Discharge Section 17.3 Any written warning notice shall specify the misconduct for which the written warning is given and, if applicable, shall also specify the departmental rule, regulation, law or policy violated. A copy of the written warning will be sent promptly to both the employee and the Union. Section 17.4 For any disciplinary action taken, reasonable efforts shall be made to take the disciplinary action in a manner that will cause the least amount of embarrassment for the employee before other employees or the public. Section 17.5 Any disciplinary action imposed upon an employee, if protested, shall be protested only as a grievance through the grievance procedure specified under this labor agreement. Section 17.6 This Article shall not be construed to prohibit or abridge the District's right to give an oral warning. Oral warnings are not subject to the grievance procedure. ARTICLE 18- PROBATIONARY PERIOD Section 18.1 Every new employee shall serve a probationary period of eighteen 13 (18) months unless modified by mutual agreement. During these period, probationary employees may be terminated with or without cause and such termination shall not be subject to the grievance procedure. New employees who maintain a current and valid DPSST certificate shall serve a one year (twelve months) probationary period. (union requested that new employee who has valid certification serve 12 month probationary period rather than 18 months - agreed to) ARTICLE 19 — STRIKES AND LOCKOUTS Section 19.1 The Union and its members, as individuals or as a group will not initiate, cause, permit or participate or join in any strike, work stoppage, or slowdown, picketing or any other restriction of work at any location in this District. Employees in the bargaining unit, while acting in the course of their employment shall not honor any picket line establishment in the District by the Union or by any other labor organization when called upon to cross such picket line in the line of duty. Disciplinary action, including discharge, may be taken by the District against any employee or employees engaged in a violation of this Article. Such disciplinary action may be undertaken selectively at the option of the District and shall not preclude or restrict recourse to any other remedies, including an action for damages, which may be available to the District. Section 19.2 In the event of a strike, work stoppage, slowdown, picketing, observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Union will immediately, upon notification, attempt to secure an immediate and orderly return to work. This obligation, and the obligations set forth in Section 19.1 above shall not be affected or limited by the subject matter involved in the dispute giving rise to the stoppage or whether such subject matter is or is not subject to the grievance and arbitration provisions of this Agreement. Section 19.3 There will be no lockout of employees in the unit by the District as a consequence of any dispute arising during the period of this Agreement. ARTICLE 20 — UNIFORMS Section 20.1 All uniforms provided by the District will be of standard issue. Uniforms are defined as: Shirt, Tie, Pants, Jacket, Hat, Vests 14 Uniform replacement orders will be placed after a request form is completed and turned into the Sergeant for approval and ordering. When new items are received they are to be left for the Sergeant to issue for recording purposes. Alterations on uniforms should be done when uniforms are purchased. Any other alterations will be at officer's expense unless authorized by Sergeant or Chief before the alterations are done. Boot Replacement: The Department requires a standard type of boot. The District will pay up to $275 once every two years as a boot allowance. If officers desire a boot that exceeds the boot allowance, the officer will pay the difference. All styles of boots will need prior approval of the Sergeant and Chief. All orders will be placed through the Sergeant. The boot allowance can be carried over to the following year if not used, to a maximum of two years. If not used within two years, officers will lose accrued allowance. (union requested increase in yearly boot allowance from $230 to $275 - agreed to) ARTICLE 21 — JURY DUTY Section 21.1 Employees shall be granted leave with pay for service upon a jury, provided, however, that the salary paid to such an employee for the period of absence shall be reduced by the amount of money received by employee for such jury service, and upon being excused from jury service for any day an employee shall immediately contact the Chief for assignment for the remainder of his or her regular work day. ARTICLE 22 — SAVINGS CLAUSE Section 22.1 Should a section, paragraph or portion thereof of this Agreement be held unlawful and unenforceable by a court of competent jurisdiction, or any administrative agency having 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. ARTICLE 23 - TERM OF THE AGREEMENT This Agreement shall be effective July 1, 2010, and remain in full force and effect through June 30, 2015 (union requested 3 year contract - agreement 15 Uniform replacement orders will be placed after a request form is completed and turned into the Sergeant for approval and ordering. When new items are received they are to be left for the Sergeant to issue for recording purposes. Alterations on uniforms should be done when uniforms are purchased. Any other alterations will be at officer's expense unless authorized by Sergeant or Chief before the alterations are done. Boot Replacement: The Department requires a standard type of boot. The District will pay up to $275 once every two years as a boot allowance. If officers desire a boot that exceeds the boot allowance, the officer will pay the difference. All styles of boots will need prior approval of the Sergeant and Chief. All orders will be placed through the Sergeant. The boot allowance can be carried over to the following year if not used, to a maximum of two years. If not used within two years, officers will lose accrued allowance. (union requested increase in yearly boot allowance from $230 to $275 - agreed to) ARTICLE 21 — JURY DUTY Section 21.1 Employees shall be granted leave with pay for service upon a jury, provided, however, that the salary paid to such an employee for the period of absence shall be reduced by the amount of money received by employee for such jury service, and upon being excused from jury service for any day an employee shall immediately contact the Chief for assignment for the remainder of his or her regular work day. ARTICLE 22 — SAVINGS CLAUSE Section 22.1 Should a section, paragraph or portion thereof of this Agreement be held unlawful and unenforceable by a court of competent jurisdiction, or any administrative agency having 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. ARTICLE 23 - TERM OF THE AGREEMENT This Agreement shall be effective July 1, 2010, and remain in full force and effect through June 30, 2015 (union requested 3 year contract) 15 Black Butte Ranch County General Teamsters Local Service District Union No. 324 By: By: (Chair) Dated: Dated: Deschutes County Board of Commissioners Dated this of , 2005 ATTEST: Recording Secretary 16 ATTACHMENT 'A' O - O 0. E L O ar L {A • N O t M C M p C) .� N. d (0v. C O • 03 (0 • N ((00 O E ▪ p c .O E c. O 33 O d as L co t L o � v 2.5% Increase Between Steos Effective July 1, 2010 LSTEP 6 J co T Ea $3,798.39 O O EA STEP 5 co EA $3,705.75 .4 - vco N 0) 0.- EA STEP 4 (0 CO o N EA $3,615.36 N O 03 0'5 EA STEP 3 M o N EA $3,527.18 0 17 - 01 EA STEP 2 COLO of $3,441.15 $3,623.80 d W () CO Qi 1- $3,357.22 $3,535.42 173.33 182.53 T o Z T E 0 2 Monthly 0 U (0 0 0_ U _0 U U 0 _c N -o • a) (/) c Lc N • ` c O a) a) -0 c 0 O _co 13 a) U O L • L• L'N (U/) E o- o- a) CO O_c Q O O N 0 D vc0- o E 0 2 (0 (Da) • � a) 0 (0�= • C 3 U U >C .O • O fl. co -p O X -0 a) N U 5 L_ c O E O 'C c CL c Q O _c 13 -0 c co (DE N • 0 L (1)c>.03 .74 .7c- az p,.�E,. Z 0 0 a) L U •X (0 E 0 c0 E M 0 a) (0 2 U a) 4) a) U (0 (0 (1) O N C co o E a) N V - f0 r E0 ® 0 Salary increase % will be determined by measuring the CPI- W, all US City average between May 1 and April 30 prior to each July 1 increase and determining the percentage change in the Index for that 12 -month period. Total 7/1/10 Cash (wages+incen/Long) COIVIPS Bandon 5578 4277 Cannon Beach 5699 4149 Myrtle Creek 5581 4147 Oakridge 5379 4057 Vernonia 5645 4214 BBR Ave = 5576 Ave = 4194 Current July 1, 2010 Wages 3682 4000 PERS 239 258 Insurance 1037 1166 Incen/Long 305 305 BBR TOTAL 5263 5729 BBR Cash 3907 4305 Contract Attachment "A" Discussion Attachment "A" to the contract is the pay schedule for union employees and must reflect that of comparable departments. After negotiations with the union, it was agreed that the appropriate comparable departments are: Bandon Cannon Beach Myrtle Creek Oakridge Vernonia We examined the Comparable Department Compensation Packages on two grounds. First, the total compensation package which included Wages, PERS contributions, Health Insurance and Incentive & Longevity payments. The second examination was based on total cash payments to the employee. The cash determination included wages, incentives and longevity payments. Based on the comparable department monthly pay schedules taking effect on July 1, 2010, the average total compensation package paid by the comparable departments will be $5,576 and the average cash to be paid will be $4,194. Under the current contract, our employees are receiving a total compensation package of $5,263 and a cash payment of $3,907. These numbers dictate that the employees are entitled to a 5.95% increase in the total package. Looking only at the cash payments, our employees are being paid 7.35% less than the comparable department employees. We ultimately offered a compensation package based on a $4,000 monthly payment to employees on the highest pay step, with a 2% minimum increase and a 4% maximum increase in years 2 & 3, and a 3% minimum increase and a 5% maximum increase in years 4 & 5. While this number is at the upper end of the comparable numbers, we felt that some of the contract language that we wanted was very important. That language includes section 5.1 relating to past practices, section 7.1 giving the district wide discretion in scheduling and promotions, section 10.3 requiring the employees to contribute to their health insurance, section 15.1 requiring the employees to contribute their PERS benefits at some point and Step IV of section 16.2 that sets forth the final appeal step to the grievance procedure. In addition, we wanted a 5 year contract rather than a 3 year contract as proposed by the union. The district is on the May 18 ballot for a new tax levy that will replace the current one that will expire next year. If adopted, the new levy will add $.15 per thousand of assessed valuation. A Black Butte Ranch home having an assessed value of $500,000 will see a $75 yearly increase in property taxes. We believe that increase is reasonable and will be accepted by the voters.