HomeMy WebLinkAboutLabor Agreement - 911Deschutes 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 September 10, 2008
Please see directions for completing this document on the next page.
DATE: September 3, 2008
FROM: Debbie Legg Persosnnel Department 385-3208
TITLE OF AGENDA ITEM:
Consideration of Signature of Document No. 2008-480, Labor Agreement Between Deschutes County
9-1-1 Service District and Deschutes County 9-1-1 Employees Association for the period of July 1,
2008 through June 30, 2012
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The previous 9-1-1 Employees Association contract expired 6/30/08. New contract negotiations began
on February 27, 2008.
The management bargaining team consisted of Bruce Bischof, Labor Attorney, Becky McDonald, 9.1-1
Director, Sarah Crosswhite, Telecommunications Supervisor, Erik Kropp, Deputy County
Administrator and Debbie Legg, Personnel Services Manager.
The association bargaining team consisted of David Snyder, Attorney at Law, Andrew Zaiser,
Association President, Cari Elliston and Angela Kimball, Bargaining Representatives.
After five negotiation sessions, a Tentative Agreement was signed on July 3, 2008. The 9-1-1
Employees Association members voted and ratified the contract on August 5, 2008. The 9-1-1
Executive Board approved the contract on August 19, 2008.
FISCAL IMPLICATIONS:
See attached summary of Tentative Agreement prepared by Becky McDonald, 9-1-1 Director on July 3,
2008.
RECOMMENDATION & ACTION REQUESTED:
Signature of Document No. 2008-480, Agreement Between Deschutes County 9-1-1 Service District
and Deschutes County 9-1-1 Employees Association for the period of July 1, 2008 through June 30,
2012
ATTENDANCE: Becky McDonald, 9-1-1 Director, Erik Kropp, Deputy County Administrator,
Debbie Legg, Personnel Services Manager
DISTRIBUTION OF DOCUMENTS:
Board signature on two original contracts. Personnel will send one original copy to the Employee
Association President.
Personnel Services Manager
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
Please complete all sections above the Official Review line.
September 3, 2008
Contact Person:
Debbie Legg
Contractor/Supplier/Consultant Name:
Department:
N/A
Personnel Department
Phone #:
385-3208
Goods and/or Services: Four (4) year labor agreement between Deschutes County 9-
1-1 Service District and Deschutes 9-1-1 Employees Association.
Background & History: See Agenda Request and summary of contract changes.
Agreement Starting Date:
July 1, 2008
Annual Value or Total Payment:
N/P
Ending Date:
June 30, 2012
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
Check all that apply:
❑ RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ® Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes 111 No
Departmental Contact:
Title:
Debbie Legg
Department Director Approval:
Phone #:
Signature
382-3208
Dat
Distribution of Document: Return one original signed contract to Debbie Legg,
Personnel Department. The signed original will be sent to 9-1-1 Employee Association
President, Andrew Zaiser.
Official Review:
County Signature Required (check one): ❑ BOCC
❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
9/3/2008
Legal Review
Document Number
Date
DG 008.480
9/3/200
Deschutes 911 Employees Association and Deschutes County 9-1-1 Service District
Tentative Agreement July 3, 2008
Article 1
1. Preamble and Scope
A. This agreement is entered into by and between Deschutes County 9-1-1
Service District, a County Service District, hereinafter referred to as "District,"
and Deschutes 9-1-1 Employees Association, hereinafter referred to as
"Association." The District's Director as used in this Agreement shall mean
the Director or Designee.
Article 2 — (Rename included positions)
Telecommunicator I
Telecommunicator II
Telecommunicator III
Article 9 — Seniority and Layoff
A — Seniority, as used in this Agreement, is determined by the length of an employee's
continuous full-time service with the District. Unless leave is protected under OFLA or
FMLA, an employee will cease accruing seniority at the end of a pay period when the
employee begins an approved leave of absence without pay of more than thirty-one (31)
days; however such employee shall not lose any seniority already accrued. The employee
will resume accruing seniority again from the beginning of the pay period when the
employee returns to work. Seniority shall be frozen should be an employee accept
promotion outside of the bargaining unit.
D — Layoff shall be in the inverse order of seniority within classification, by classification
District seniority, with the exception that a less senior employee with the special skill of
being bilingual in Spanish as provided in Article 39, may be retained over a more senior
employee or employees. If an employee is laid off, that employee may elect to displace
an employee in a lower classification at a lesser pay range provided that the employee
electing to displace another has greater District seniority and is qualified to perform
the lower classification. An employee must notify the District of his/her decision to
displace another employee within six (6) working days of receipt of the layoff notice.
The employee displaced by this process must be the employee with the least District
seniority in the lower classification. An employee subject to layoff displacement may,
in turn, invoke this displacement process if such an opportunity exists.
E — Employees shall be recalled in the inverse order of layoff, that is, the laid off
employee with the most seniority will be the first employee recalled. An employee's
failure to respond to a recall notice as specified by Section 9 Paragraph C of this
agreement shall constitute a waiver of the employee's recall rights. In the case of a tie in
seniority, the employee with the earliest birth month and date shall win the tie.
Article 10 — Hours of Work
D — Employees may request shift trades and the Director shall not unreasonably deny the
request. However, no employee may work any one shift longer than sixteen (16)
consecutive hours. If an employee voluntarily trades a shift with another employee, the
employee shall be paid at the employee's regular rate of pay. The hours worked as a
result of such a trade shall not be considered overtime.
Article 11 — Compensation
B- Longevity Pay. Employees who have worked continuously for the Deschutes County
911 Service District or its predecessor agencies, shall receive an additional amount of
pay per month for each five years of continuous full-time service worked: 2008/2009:
$55 per month, 2009/2010: $57.50 per month, 2010/2011: $60.00 per month,
2011/2012: $62.50 per month.
Article 12 — Travel and Training Time (new article which will then require that all
following articles have their numbering changed as well)
A - Out of town travel is covered by two sets of rules, depending on whether the
assignment is for one day or requires an overnight stay. If an employee is given a one -
day assignment in another city that does not require an overnight stay, all the time
spent traveling between cities is counted as hours worked. However, time spent
traveling between the employee's home and the airport (during the employee's
departure or return) is not considered to be work time because it is the equivalent of
travel between work and home.
B - If the employee's out-of-town assignment requires an overnight stay, time spent
traveling to the other city is counted as straight hours worked. No overtime will be paid
for travel time when an overnight stay is involved, unless the total hours for the
training and travel exceed what hours the employee's normal workweek would
encompass. In situations such as these, the training shall be pre planned and the
employee's schedule may be adjusted to minimize additional hours that will be worked
in excess of their normally scheduled hours for the week. In cases where training
exceeds the normally scheduled hours for the week, overtime will be paid.
Article 14 — Pay Steps
A - An employee will receive an automatic step increase after successful completion of
initial, new hire training. This date will become the anniversary date. Employees who
are then later promoted into a higher class will receive one step increase at the time of
promotion, no less than 5% above their current step. No additional step increase will
occur at the completion of the new promotional training period. This will become their
new anniversary date.
Article 15 — Overtime
A — Overtime, as used in this Agreement, shall mean that time an employee is authorized
and directed to work in excess of an employee's normal work week and/or work day.
Article 17 — Call back time
A - When the employees are called back by the District to active duty, they shall be
compensated at the overtime rate for a minimum of three (3) hours. The callback
minimum does not apply if the meeting, training or active duty directly adjoins the
employee's shift. The callback minimum shall also not apply to an employee who
reports to training or a meeting on a strictly voluntary basis. All employees shall be
compensated at a minimum of the scheduled length of trainings or meetings. If no
notice is provided concerning the scheduled length of the training or meeting, the
callback minimum shall apply.
13 If an employee voluntarily trades shifts with another employee, the employee shall be
shall not be considered overtime.
(Deleted section B as it is covered in 1 0D)
•
Article 19 — Time Management
C — Vacation sign-up shall commence annually during the month of October, for
vacations the following year. Employees shall be permitted to request vacation on either
a split or entire basis. Employees shall be permitted to request and get approval for
vacation time inclusive of the amount of hours they will accrue at the beginning of the
following year provided that employees with ten (10) years of service shall be permitted
to request and get approved for one additional week of vacation time if the employee
chooses to do so and has, or will accrue, sufficient additional time to support the
request.
(Continue rest of the section as stated in current contract).
Re -letter sections D and E: (language stays the same, simply reverse D and E).
D — Additional vacation time may be requested by employees. Request for additional
vacation time off are subject to approval by the employee's immediate supervisor.
Notice of a request to use additional vacation time shall be made at least one day in
advance, except in cases of emergency. A request for additional vacation time may be
granted by the Director if a supervisor is not available. Once applied for and approved,
additional vacation time cannot be superseded by another employee with greater
seniority.
E — Once the Director has approved the employee's requested vacation, that approval will
not be rescinded for purposes of avoiding overtime payment for having employees work
overtime in order to keep staffing at minimum levels. Denials of vacation or cancellation
of vacations shall be in writing.
Article 26 — Insurance
C — The premium co -pay will be no greater than $65 per month per employee for the
2008-2009 contract year; no more than $80 per month per employee for the 2009-2010
contract year, and no more than $95 per month per employee for the 2010-2011 and
2011-2012 contract year.
Article 39 —
C - Bilingual Pay
Employees who are bilingual in Spanish at the intermediate level shall receive $125.00
per month.
Article 40 — Duration
This agreement shall be effective July 1, 2008 and shall remain in full force and
effective through June 30, 2012. After June 30, 2012, this Agreement shall be
automatically renewed from year to year, unless either the District or the Association give
written notice to the other no later than January 1, prior to the aforesaid expiration of the
Agreement of its desire to modify the Agreement.
Appendix A Salary Schedule
B - Effective July 1, 2008, 2009 and 2010, there shall be a cost -of -living increase to the
fiscal year wage schedule. The increase shall be equal of the US/All Cities CPI -W
January to January, with a minimum of 3% and a maximum of 5.5%.
Effective July 1, 2011, there shall be a cost -of -living increase to the fiscal year wage
schedule. The increase shall be equal of the US/All Cities CPI -W January to January,
with a minimum of 3% and a maximum of 5.5%. On top of the cost -of -living increase,
there shall also be an additional increase of 3% made to all salary schedules within the
contract.
AGREEMENT
BETWEEN
DESCHUTES COUNTY 9-1-1 SERVICE DISTRICT
AND
DESCHUTES 9-1-1
EMPLOYEES ASSOCIATION
July 1, 2008 —June 30, 2012
DC 200 . 4..87
SECTION TITLE
1. Preamble and Scope 3
2. Recognition 3
3. Check Off and Service Fees 3
4. Management Rights 4
5. No Strikes and No Lockouts 6
6. Association Business and Agreement Renewal 6
7. Bulletin Board 7
8. Outside Employment 7
9. Seniority and Layoff 8
10. Hours of Work 9
11. Compensation 10
12. Travel & Training Time 13
13. Working Out of Classification 13
14. Mileage and Expenses 13
15. Pay Steps 14
16. Overtime 14
17. Court Time 17
18. Call Back Time 18
19. Holidays 18
20. Time Management 19
21. Sick Leave 20
22. Worker's Compensation 21
23. Leave of Absence With Pay 21
24. Leave of Absence Without Pay 22
25. Other Leaves 22
26. Retirement 22
27. Insurance 22
28. Grievance Procedure 24
29. Discipline and Discharge 25
30. Probationary Period 26
31. Personnel File 27
32. Rules 27
33. Labor/Management Committee 28
34. Funding 28
35. Savings Clause 29
36. Duration 29
Appendix "A" Salary Schedule 30
Appendix "B" Time Management 31
Deschutes 9-1-1 Employees Association
July 1, 2008 - June 30, 2012
Page 2 of 33
AGREEMENT BETWEEN DESCHUTES COUNTY 9-1-1 SERVICE DISTRICT
AND
DESCHUTES 9-1-1 EMPLOYEES ASSOCIATION
That certain Agreement by and between Deschutes County 9-1-1 Service District, a
County Service District, and Deschutes 9-1-1 Employees Association.
1. PREAMBLE AND SCOPE
A. This Agreement is entered into by and between Deschutes County 9-1-1 Service
District, a County Service District, hereinafter referred to as "District", and
Deschutes 9-1-1 Employees Association, hereinafter referred to as "Association."
The District's Director as used in this Agreement shall mean the Director or
designee.
B. This Agreement shall apply to regular full-time Deschutes County 9-1-1 Service
District personnel, excluding elected officials, supervisors, confidential
employees and volunteers.
2. RECOGNITION
A. The District recognizes the Association as the sole and exclusive representative
with respect to wages, hours and specified conditions of employment, for all
regular, full-time employees included in the bargaining unit, as set out below.
1. Telecommunicator I
2. Telecommunicator II
3. Telecommunicator III
B. In the event the Director determines the need for a new classification, the
Association will be notified, and thereafter, the Association shall have the right to
negotiate with the Director regarding the salary range. Should the parties be
unable to reach an agreement as to the appropriate salary, the parties will utilize
the statutory mid -contract bargaining process which shall not last longer than 30
days.
3. CHECK -OFF AND SERVICE FEES
A. Every employee within the bargaining unit must, within thirty (30) days of
commencing such employment, either (1) become a member of the Association
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 3 of 33
and sign and deliver to the District an authorization allowing the deduction of the
Association's monthly dues from employee's pay; or (2) sign and deliver to the
District an authorization allowing the District to deduct from an employee's pay a
monthly service fee in lieu of dues, in an amount to be certified by the
Association to the District.
B. Notwithstanding the above, the Association expressly agrees that it will safeguard
the rights of non -Association employees based upon bona fide religious tenets or
teachings of a church or religious body of which such employee is a member.
Such employee shall pay the monthly service fee referred to above to a
nonreligious charity mutually agreed upon by the employee making such payment
and the Association, or in lieu thereof, the employee shall request such monthly
service fee payments not be deducted and shall make such payment to a charity as
heretofore stated and shall furnish written proof to the Association and the
District, when requested, that this has been done.
C. The amounts to be deducted shall be certified to the District by the Treasurer of
the Association, and the aggregate deductions of all employees shall be remitted
to the Treasurer of the Association by the District by no later than the 5th day of
the succeeding month after such deductions are made. The amount to be deducted
by the District shall be determined by the Association who will so notify the
District in writing.
D. The District agrees to furnish the Association each month a listing of all new
employees covered by this Agreement hired during the month, and of all
employees covered by this Agreement who terminated during the month. Such
listing shall contain the names of the employees, along with their job
classifications
E. The Association agrees that it will indemnify, defend and hold the District
harmless from all suits, actions, proceedings or claims against the District or
persons acting on behalf of the District, whether for damages, compensation,
reinstatement or any combination thereof, involving the application of this
Section. In the event that any forum decided that any part of this Section is
invalid and/or that reimbursement of the monthly service fee to non-members
must be made to employees affected, the Association and its members shall be
solely responsible for such reimbursement.
4. MANAGEMENT RIGHTS
A. The District retains all the customary, usual and exclusive rights, decision-making
prerogatives, functions, and authority connected with, or in any way incident to its
responsibility to manage the affairs of the District or any part of it. The rights of
employees in the bargaining unit and the Association are limited to those
specifically limited by the terms of this Agreement. The District shall have no
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 4 of 33
obligation to bargain with the Association with respect to any such subjects or the
exercise of its discretion and decision-making with regard thereto, any subjects
covered by the terms of this Agreement and closed to further bargaining for the
term hereof, and any subject which was or might have been raised in the course of
collective bargaining, except as provided in O.R.S. 243.698, with section (4) of
the statute modified by changing the 90 day period to 30 days.
B. Without limitation, but by way of illustration, the exclusive prerogatives,
functions, and rights of the District shall include the following:
1. To determine the service to be rendered to the citizens of the District
jurisdiction.
2. To direct and supervise all operations, functions and policies of the
Department in which the employees in the bargaining unit are employed,
and operations, functions and policies in the remainder of the District as
they may affect employees in the bargaining unit.
3. To close or liquidate an office, branch, operation or facility, or combination
of facilities, or to relocate, reorganize or combine the work of divisions,
branches, operations or facilities for budgetary or other reasons.
4. To determine the need for a reduction or an increase in the work force and
the implementation of any decision with regard thereto.
5. To establish, revise and implement standards for hiring, classification,
promotion, quality of work safety, materials, equipment, uniforms,
appearance, methods, and procedures.
6. To implement new, and to revise or discard, wholly or in part, old methods,
procedures, materials, equipment, facilities and standards.
7. To assign and distribute work.
8. To assign shifts, workdays, hours of work and work locations.
9. To designate and to assign all work duties.
10. To introduce new duties and to revise job classifications and duties within
the unit.
11. To determine the need for and the qualifications of new employees, transfers
and promotions.
12. To discipline, suspend, demote or discharge an employee so long as such
action is with just cause.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 5 of 33
13. To determine the need for additional educational course, training programs,
on-the-job training and cross -training, and to assign employees to such
duties for periods to be determined by the District.
5. NO STRIKES AND NO LOCKOUTS
A. The Association and its members, as individuals or a group, will not initiate,
cause, promote, permit, participate in or join in any strike, work stoppage, or
slow -down, picketing or any other restrictions of work at any location.
Employees in the bargaining unit, while acting in the course of their employment,
shall not honor any picket line, except that such picket line may be honored if
crossing the picket line would be unreasonably dangerous or hazardous to the
employee. Disciplinary action, including discharge, may be taken by the district
against any employee or employees engaged in a violation of this Agreement.
Such disciplinary action shall be undertaken uniformly and shall not preclude or
restrict recourse to any other remedies, including an action for damages, which,
by reason of this Agreement, shall be available to the District.
B. The District agrees that there will be no lockouts during the term of this
Agreement.
C. In the event of strike, work stoppage, slow -down, picketing, observance of a
picket line, or other restriction of work in any form, either on the basis of
individual choice or collective employee conduct, the Association will
immediately use every good faith effort to ensure an orderly return to work. This
obligation and the obligation set forth above shall not be affected or limited by the
subject matter involved in the dispute giving rise to the stoppage, or by whether
such subject matter is or is not subject to the provisions of this Agreement.
6. ASSOCIATION BUSINESS AND AGREEMENT RENEWAL
A. Members of the bargaining unit elected to serve as authorized representatives of
the Association shall perform their duties as representatives of the Association on
their own time, except as provided in subsection B of this Section.
B. The District shall allow up to the combined total of fifty (50) hours of on -duty
time per year to the authorized representatives of the Association for the purpose
of conducting Association business upon prior approval of the Director. No
overtime shall be paid for Association Business. Time spent meeting with the
Director or the Director's designee at the Director's request, and time spent in the
County's Employee Benefits Advisory Committee meetings shall not count
towards the 50 hours.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 6 of 33
C. The Association shall be eligible to use the District copier, fax and telephones.
Any cost incurred by the District for said use shall be reimbursed to the District
by the Association.
D. The District agrees that a designated Association Representative, upon reasonable
and proper introduction, shall have reasonable access to the premises of the
district at any time during working hours for the purpose of assisting the
administration of this Agreement.
7. BULLETIN BOARD
A. The district agrees to maintain a minimum of four (4) square feet of bulletin board
space in each separate division and/or building used by District personnel to be
used by the Association.
8. OUTSIDE EMPLOYMENT
A. An employee who wishes to work for another employer shall request approval
from the Director. Authorization for an employee to engage in outside
employment shall be granted by the Director if the employment meets the
following conditions:
1. The employment must not conflict with the employee's work for the
District.
2. The employment must in no way be a discredit to the District.
3. The employment must in no way detract from the efficiency of the
employee's duties for the District.
4. In any situation where extra duty will be necessary in the employee's
District work, such extra duty will take preference to the employee's outside
employment.
5. No employee shall perform any service or employment during District
working hours for which the employee receives additional outside
compensation.
B. The Director may withdraw authorization for any outside employment if the
employee or employment if the employee or employment violates any of the
conditions set forth in Section A above.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 7 of 33
9. SENIORITY AND LAYOFF
A. Seniority, as used in this Agreement, is determined by the length of an
employee's continuous full-time service with the District. Unless leave is
protected leave under FMLA or OFLA, an employee will cease accruing
seniority at the end of a pay period when the employee begins an approved leave
of absence without pay of more than thirty-one (31) days; however such employee
shall not lose any seniority already accrued. The employee will resume accruing
seniority again from the beginning of the pay period when the employee returns to
work. Seniority shall be frozen should an employee accept promotion outside of
the bargaining unit.
B. The District will provide the Association with a copy of the seniority list upon
request from the Association, which will then be posted on the bulletin board.
C. An employee shall lose all seniority in the event of a voluntary resignation,
discharge for cause, is laid off and fails to respond to written notice as provided in
Section 9, Paragraph E of this Agreement, is laid off work for a period of time
greater than twenty-four (24) months, fails to report to work at the termination of
an extended leave of absence, or while on a leave of absence accepts employment
without permission, or is retired.
D. Layoff shall be in the inverse order of seniority within classification, by District
seniority, with the exception that a less senior employee with the special skill of
being bilingual in Spanish as provided in Article 39, may be retained over a more
senior employee or employees. If an employee is laid off, that employee may
elect to displace an employee in a lower classification at a lesser pay range
provided that the employee electing to displace another has greater District
seniority and is qualified to perform the lower classification. An employee must
notify the District of his/her decision to displace another employee within six (6)
working days of receipt of the layoff notice. The employee displaced by this
process must be the employee with the least District seniority in the lower
classification. An employee subject to layoff displacement may, in turn, invoke
this displacement process if such an opportunity exists.
E. Employees shall be recalled in the inverse order of layoff, that is, the laid off
employee with the most seniority will be the first employee recalled. An
employee's failure to respond to a recall notice as specified by Section 9.
Paragraph C of this Agreement, shall constitute a waiver of the employee's recall
rights. In the case of a tie in seniority, the employee with the earliest birth month
and date shall win the tie.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 8 of 33
10. HOURS OF WORK
A. The regular hours of work each day shall be consecutive and shall include a one-
half (1/2) hour paid lunch period.
B. A normal work day shall consist of eight (8) hours per day on the basis of a five
(5) day work week (5-8 plan), ten (10) hours per day on the basis of a four (4) day
work week (4-10), or twelve hours (12) per day on the basis of a (4-12) plan.
C. A normal work week shall begin Sunday and end on Saturday and shall consist of
5 consecutive work days with 2 consecutive days off for a (5-8) plan, 4
consecutive work days with 3 consecutive days off for a (4-10) plan and 4
consecutive work days with 4 consecutive days off in an 8 day week for a (4-12)
plan.
D. Employees may request shift trades and the Director shall not unreasonably deny
the request. However, no employee may work any one shift longer than sixteen
(16) consecutive hours. If an employee voluntarily trades a shift with another
employee, the employee shall be paid at the employee's regular rate of pay. The
hours worked as a result of such a trade shall not be considered overtime.
E. Work schedules showing the employee's work days and hours shall be posted on
the departmental bulletin board. Except for special or emergency situations, and
for the duration of the special or emergency situation, changes in work schedules
shall be posted seven (7) days prior to the effective date of the change.
F. Should the present plan for hours worked, days off and shift rotation plan be
changed by the District, the District agrees to negotiate the impact of such change
as provided in the Oregon Public Employees Collective Bargaining Act.
G. Employees shall be allowed to leave the building during their lunch as long as
minimum staffing levels are maintained and user/public safety is not
compromised. In addition, Supervisors may require that employees remain on
premise during their lunch period if an emergency situation dictates the possible
need for additional staffing.
H. Employees shall be given the opportunity to bid for shifts and teams for the
following year, within each classification, based on seniority, provided that the
District may override the bid and reassign an employee if required by the
District's reasonable operating needs. If the District reassigns an employee the
District will provide the employee with an explanation of the reasons for the
reassignment. This process shall take place at a time sufficient to allow for
vacation sign ups to commence in October. This provision shall not be grievable
beyond step three (3) of the grievance procedure.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 9 of 33
I. Hourly Rate Pay Calculations for the 4 x 12 Work Week.
It is agreed by the Deschutes 9-1-1 Employees Association and the Deschutes
County 9-1-1 Service District that the following procedures will be used to
calculate hourly rate of pay:
1. All full-time employees shall receive their full monthly salary as a base
minimum, provided the employee works or is on paid status for his/her
regularly scheduled hours. Base pay calculations will be based on an
average of 182.5 hours per month. When an employee works more than 40
hours in a workweek (Sunday — Saturday), the employee will be
compensated at a rate of 1.5 times per hour of overtime worked.
2. For the purpose of calculating overtime, hours worked include all paid time
except time used for sick leave is excluded from hours worked.
3. Lead and FTO premiums will be based on 182.5 hour work months as long
as the 4x 12 schedule remains in effect.
4. If employees return to a 40 hour workweek, either 5x8 or 4x10, the monthly
base pay calculations will be redone based on a 173.33 hour work month.
11. COMPENSATION
A. Wages for employees in the bargaining unit shall be in accordance with the salary
schedule in the Appendixes which are attached hereto and by this reference
incorporated herein.
B. Longevity Pay. Employees who have worked continuously for the
Deschutes County 911 Service District or its predecessor agencies, shall receive
an additional amount of pay per month for each five years of continuous full-time
service worked.
$55.00 FY 2008/09
$57.50 FY 2009/10
$60.00 FY 2010/11
$62.50 FY 2011/12
Longevity pay 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 Director.
2. Discharge for Cause.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 10 of 33
3. A lay-off period for greater than eighteen (18) months. Time off during lay-
off period shall not count toward longevity accrual.
4. Failure to report to work at the termination of an extended leave of absence.
5. Acceptance of employment without permission while on leave of absence.
6. Retirement.
C. Pay Periods. Employees shall be paid on a monthly basis, and shall receive the
check on the last working day of the month. In the event the regular pay day shall
fall on a Saturday, Sunday, or a District recognized holiday, the last preceding
regular work day shall be the regular pay day in lieu of the last day of the month.
D. Training Premium:
1. Employees, who are qualified and approved to be a Field Training Officer
will have the opportunity to train. Tasks involved in training and
qualifications for such are further defined in the Deschutes County 9-1-1
Service District Field Training Officer Policy.
2. The District shall pay employees covered by this contract a 10% premium
above their base rate for the hours spent doing training. Employees who are
not certified as an FTO but may be temporarily assigned to that position
shall also be paid the 10% premium for actual time spent in that assignment.
E. Lead Dispatcher Premium:
1. Lead Dispatcher Premium - An employee designated as a Lead Dispatcher
will receive premium pay of 7.5% of the employee's monthly base salary,
for each month during which the employee is designated to serve as a Lead.
2. The intention of this position is to serve as a training and development tool
for employees seeing to advance in the District, as well as to provide for
additional supervision of the work performed when a regular full time
supervisor is not present.
3. To qualify as a Lead Dispatcher, employees will be required to submit a
written request for consideration which outlines their qualifications; must
"meet standards" in each category of their most recent performance
evaluation; and, must have the endorsement of their immediate supervisor.
The final decision on who is assigned will rest with the Director. This is not
intended to be a permanent classification, and at the discretion of the
Director, employees may be rotated through available positions.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 11 of 33
4. When serving as Lead Dispatcher, employees will have the status of an
"Acting Supervisor" and must be willing to assume the responsibilities that
go with the position. These would include insuring that the rules and
regulations of the District are followed. Lead Dispatchers are not expected
to administer discipline, but they are expected to ensure that any
inappropriate conduct that comes to their attention is immediately
addressed. They are also expected to report violations of policy to their
supervisor.
F. On -Call Personnel:
1. The Association will supply the District with an on-call personnel list for the
purpose of shift vacancy coverage. The on-call person will be supplied with
a pager by the District and when on call, will be within one hour response of
the District.
2. The on-call list will be kept current by the Association. The on-call person
will be responsible for covering or assuring coverage of a shift vacancy
during their on-call assignment.
3. Compensation for the on-call person will be at the rate of 6 (six) hours of
comp time or 6 (six) hours of straight -time pay, per day, at the choice of the
employee. Staff called in to work will be compensated at the overtime rate.
G. Educational Expenses:
1. The District will reimburse 50% of tuition for classes leading toward
AA/AS or BA/Bs degree in; a.) Criminal Justice, b.) Fire Science, c.)
Business Management, d.) Computer Science, or e.) Communications. Such
reimbursement would be applied to any class needed to fulfill degree
requirements, subject to approval. Applicant must be a declared degree
seeker, or the specific class(es) must be directly job-related.
2. Applicant must be an employee of the District for at least two years prior to
the beginning of the requested class(es).
3. Applicant must receive a "C" grade or better.
4. Funds must be available.
5. Requests are subject to prior approval.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 12 of 33
H. Certification Pay:
1. The District shall pay certification pay of five (5) percent of base pay to
employees who have received an Intermediate Telecommunicator
Certificate.
2. The District shall pay certification pay of nine (9) percent of base pay to
employees who have received an Advanced Telecommunicator Certificate.
3. Employees who are bilingual in Spanish at the intermediate level shall
receive $125.00 per month.
12. TRAVEL AND TRAINING TIME
A. Out of town travel is covered by two sets of rules, depending on whether the
assignment is for one day or requires an overnight stay. If an employee is given a
one -day assignment in another city that does not require an overnight stay, all the
time spent traveling between cities is counted as hours worked. However, time
spent traveling between the employee's home and the airport (during the
employee's departure or return) is not considered to be work time because it is the
equivalent of travel between work and home.
B. If the employee's out-of-town assignment requires an overnight stay, time spent
traveling to the other city is counted as straight hours worked. No overtime will
be paid for travel time when an overnight stay is involved, unless the total hours
for the training and travel exceed what hours the employee's normal workweek
would encompass. In situations such as these, the training shall be pre -planned
and the employee's schedule may be adjusted to minimize additional hours that
will be worked in excess of their normally scheduled hours for the week. In cases
where training exceeds the normally scheduled hours for the week, overtime will
be paid.
13. WORKING OUT OF CLASSIFICATION
Any employee assigned to perform the functions of a higher classification for
more than three continuous working shifts shall receive the pay for the higher
classification or a 10% premium of the employee's regular wage, whichever is
greater.
14. MILEAGE AND EXPENSES
Reimbursement for travel and other incidental expenses will be made by the
District under the Deschutes County General Policy.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 13 of 33
15. PAY STEPS
A. An employee will receive an automatic step increase after successful completion
of initial, new hire training. This date will become the anniversary date.
Employees who are then later promoted into a higher class will receive one step
increase at the time of promotion, no less than 5% above their current step. No
additional step increase will occur at the completion of the new promotional
training period. This will become their new anniversary date.
B. An employee is eligible for a step increase on the first of the month following the
employee's anniversary date in their current classification. An employee is
eligible for step increases annually thereafter, until the employee reaches the top
of the range in that classification.
C. Annual step increases shall be granted for employees who meet performance
standards and have not reached the top step of their salary range.
D. Individual performance evaluations are not grievable. However, the denial of a
step increase may be grieved by the Association.
16. OVERTIME
A. Overtime as used in this Agreement, shall mean that time an employee is
authorized and directed to work in excess of employee's normal work week
and/or work day.
B. Overtime shall be computed to the nearest 15 minutes.
C. Overtime shall be paid at a rate of time and one-half ( 1 1/2) times the regular rate
of pay converted to an hourly rate.
D. There shall be no pyramiding of overtime.
E. Overtime opportunities that can be scheduled in advance shall be posted for
voluntary sign-up two weeks (14 days) in advance. In the event there are multiple
volunteers for an overtime shift, the employee with the most overall seniority
shall be eligible for the shift. In the event a shift remains vacant due to a lack of
volunteers, the shift shall be assigned in the following manner:
1. Overtime will be assigned in order of reverse seniority, within that
employee's currently assigned classification. For each classification, one
rotating assignment list shall be maintained, in order of reverse seniority. If
an employee changes classifications within the bargaining unit, the
employee's seniority does not change.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 14 of 33
2. For the purposes of this section, a "round" is defined as completing one full
succession, from top to bottom, of the assignment list of employees within a
classification. Employees unavailable for one or more rounds should
normally be assigned additional shifts of an equal amount prior to the
assignment of other employees.
Assignments should be made from the oldest "round" in existence,
whenever possible, to ensure the equal distribution of assigned overtime
shifts. This may result in more -senior employees being assigned prior to
less -senior employees, and could also result in multiple assignments to a
single employee prior to the assignment of other employees.
3. Seniority lists documenting assignment rounds when mandatory overtime is
required shall be continuous from year to year.
4. Employees released from training shall be introduced to the appropriate
assignment list by seniority, but shall be given a "pass" for all except the
most recent existing assignment round. Assignments from previous rounds
shall still take precedence prior to the assignment of the newly released
employee. (For example, employees with greater seniority, who were
skipped during previous assignment rounds due to unavailability, would still
need to fulfill their assignments, if possible. Once those rounds were
complete — or if there were no available employees in prior rounds — the
newly released employee would be assigned as appropriate).
5. Generally, mandatory overtime assignments shall be conducted in the
following order:
a. Call—taking overtime shifts shall be assigned to available
Telecommunications Call Takers (call takers), in chronological order,
from the Call Taker assignment list. Shifts for which there is no
available call taker shall be skipped.
b. Remaining call -taking overtime shifts shall be combined with any fire
overtime shifts, and shall be assigned in chronological order to
Telecommunications Fire/EMS Specialists (fire dispatchers). Shifts of
either type, for which there is no available fire dispatcher, shall be
skipped.
c. Remaining shifts of any type shall be assigned, in chronological order,
to Telecommunications Specialists (police dispatchers).
6. An employee shall not be assigned mandatory overtime if:
a. The employee is already working during part or all of the scheduled
overtime shift; or,
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 15 of 33
b. The employee is on pre -approved time off (including days before or
following a primary vacation block) during part of all of the scheduled
overtime shift; or,
c. The employee is on pre -approved training during part or all of the
scheduled overtime shift, unless a supervisor deems it appropriate to
assign the overtime shift to an employee in lieu of the training shift; or,
d. The employee has been approved for a shift trade, for which the
traded hours or reimbursement hours conflict with the scheduled
overtime shift; provided that if there are no other available
employee(s) to fill the scheduled overtime shift, the assigned overtime
shift shall take precedence over the traded shift and the employee with
the approved shift trade may be required to work; or,
e. The overtime shift conflicts with an employee's scheduled shift or an
overtime shift or shifts for which the employee has already
volunteered or been assigned, as defined below.
f. Except in emergency situations, no employee shall be scheduled for
more than sixteen (16) consecutive hours of active duty or other
assigned work (e.g., training), and should normally be assigned to no
more than twelve (12) consecutive hours of active duty or other
assigned work. The minimum time between assigned and/or regular
shifts shall be at least eight (8) hours. This section should not be
construed to disallow the assignment of adjacent shifts for which the
total length is twelve hours. (For example, an employee could be
assigned two back-to-back shifts, each of six -hours duration, if
necessary).
7. Once assigned, an overtime shift shall not be extended nor shall it include
additional hours, in lieu of posting or assigning a new overtime shift.
8. If a mandatory assigned overtime shift is cancelled no more than four (4)
calendar days prior to the start of the shift, for the purpose of placement on
the assignment list, the assigned employee shall be considered to have
fulfilled the overtime shift. If an overtime shift is cancelled with less than
eight (8) hours notice to an employee, the employee shall be paid at the
callback rate. If the employee is given eight (8) or more hours notice, no
callback will be paid.
9. If an employee assigned overtime finds a voluntary replacement to work the
shift, the employee shall be considered to have fulfilled the shift, for the
purpose of placement on the assignment list. However the replacement
employee's standing on the assignment list shall not be affected.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 16 of 33
F. If there is not sufficient time to schedule overtime two weeks (14 days) in
advance, the overtime shall be assigned in the following order:
1. The staff person on call (assigned to pager duty) shall be called in to work
the shift. The on-call person will work the shift or will secure a qualified
alternate to work the shift.
2. If additional staffing is required, the supervisor will request off-duty staff
volunteer for an extra shift. (For example, by posting additional overtime
for voluntary sign-up, or via an all -call page -out in the event of an
immediate need). In the event of multiple volunteers, preference shall be
given to the employee with the highest overall seniority whenever possible.
3. If there are no volunteers, and additional coverage is required, overtime
shall be assigned based on the system outlined in Section E. In the event the
District is unable to contact an employee, or the employee is unavailable or
unfit for duty the District shall proceed to the next available employee until
the assignment is fulfilled.
G. By mutual agreement of the employee and the District, a non-exempt employee
may receive compensatory time off at the rate of one and one-half (1 ''/2) hours for
each overtime hour worked. Compensatory time accrual shall not exceed eighty
(80) hours.
17. COURT TIME
A. Court time, as defined in this Agreement, is any legal, equitable, or administrative
proceeding arising as a result of the performance of the employee's duties with
the district, where the employee is subpoenaed to appear in court on a civil or
criminal case.
B. Authorized court time outside the regular duty hours shall be compensated at the
overtime rate for a minimum of three (3) hours.
C. The employee will turn in any subpoena fees to the District that the employee
receives as a result of going to court.
D. All witness fees, excluding mileage allowance, and related remuneration paid for
appearance in court proceedings during the employee's scheduled shift, or for
which the employee is entitled to compensation by the District, shall be turned
over to the District.
E. If a court or hearing appearance is scheduled for an employee's day off and is
canceled without actual notification to the employee being received within
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 17 of 33
twenty-four (24) hours of such appearance time, the employee shall be paid for
two (2) hours at employee's overtime rate. This entire section shall not apply in
proceedings initiated by the employee against the District.
18. CALL BACK TIME
A. When the employees are called back by the District to active duty, they shall be
compensated at the overtime rate for a minimum of three (3) hours. The callback
minimum does not apply if the meeting, training or active duty directly adjoins
the employee's shift. The callback minimum shall also not apply to an employee
who reports to training or a meeting on a strictly voluntary basis. As employees
shall be compensated at a minimum of the scheduled length of trainings or
meetings. If no notice is provided concerning the scheduled length of the training
or meeting, the callback minimum shall apply.
19. HOLIDAYS
A. Employees will accrue eight (8) hours per month for personal time off in lieu of
holidays. Time off in lieu of holidays taken by employees will be deducted hour
for hour. In the event of death, termination or resignation of an employee during
the initial six months of employment, no payment in lieu of holiday time off shall
be made. Thereafter, employees are entitled to payment of accrued personal time
off in lieu of holidays, prorated through any portion of the last pay period.
B. Upon application, which can be made no more than twice per contract year, an
employee may be paid for up to 48 hours per contract year for the personal time.
Up to 96 hours of personal time may be carried from fiscal year to fiscal year.
Employees who have accrued more than 96 hours of personal (holiday) time as of
July 1 of the current fiscal year will forfeit any time above that 96 -hour limit.
C. In the event an employee is required to work on one of the following holidays,
which shall mean midnight to midnight, the employee shall receive compensation
equal to the employee's regular straight time pay plus an additional amount equal
to one and one-half (1 1/2) times the regular straight time pay:
1. Memorial Day
2. 4th of July
3. Thanksgiving Day
4. Christmas Day
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 18 of 33
20. TIME MANAGEMENT
The specific application of this section will be governed by the 9-1-1 Employee's
Association Time Management Program (Appendix B of this Agreement).
A. Continuous service for the purpose of accumulating time management leave credit
shall be service unbroken by separation from the County, except that time spent
by an employee on military leave, peace corps duty, paid sick -bank leave, time off
resulting from an occupational disability, and paid education or law enforcement
training leave, shall be included as continuous service. Time spent on other types
of authorized unpaid leave will not be counted as part of continuous service,
provided that employees returning from such leave and employees on layoff
status shall be entitled to credit for service prior to the leave or layoff.
B. No payment shall be made for time management leave lost by an employee
because of accrual limitations, unless the failure to take vacation is caused by the
district or the Director's insistence that the employee be at work during
employee's scheduled vacation.
C. Vacation sign-up shall commence annually during the month of October, for
vacations the following year. Employees shall be permitted to request vacation
on either a split or an entire basis. Employees shall be permitted to request and get
approval for vacation time inclusive of the amount of hours they will accrue at the
beginning of the following year provided that employees with ten (10) years of
service shall be permitted to request and get approved for one additional week of
vacation time if the employee chooses to do so and has, or will accrue, sufficient
additional time to support the request. Employees shall sign up for vacation by
District seniority. There shall be separate vacation schedules for each team.
These vacation sign ups shall be referred to as "primary vacation". All scheduled
days off adjacent to an employee's primary vacation shall be considered part of
that vacation, in that the employee shall not be required to work during such time.
D. Additional vacation time may be requested by employees. Request for additional
vacation time off are subject to approval by the employee's immediate supervisor.
Notice of a request to use additional vacation time shall be made at least one day
in advance, except in cases of emergency. A request for additional vacation time
may be granted by the Director if a supervisor is not available. Once applied for
and approved, additional vacation time cannot be superseded by another
employee with greater seniority.
E. Once the Director has approved the employee's requested vacation, that approval
will not be rescinded for purposes of avoiding overtime payment for having
employees work overtime in order to keep staffing at minimal levels. Denials of
vacation or cancellation of vacations shall be in writing.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 19 of 33
F. In the event of death, termination or resignation of an employee during the initial
six (6) months of employment, no payment in lieu of time management leave
shall be made. In the event of death, termination or resignation of employment
after the employee has served six (6) consecutive months and is otherwise entitled
to time management credits, the employee shall be entitled to payment for
accrued unused time management leave. In event of death, earned by unused time
management leave shall be paid in the same manner as salary due the deceased
employee is paid.
21. SICK LEAVE
A. Sick leave shall be granted for the following reasons only:
1. Personal illness or injury of the employee;
2. An illness of the employee's family member as defined by OFLA or
FMLA;
3. During leave periods that qualify as OFLA or FMLA protected absences.
B. An employee may only receive pay for leave to the extent the employee has
accrued leave. If an employee has no accrued leave, sick leave without pay may
be granted pursuant to OFLA and FMLA guidelines.
C. Upon application by the employee, sick leave without pay and other employee
benefits may be granted by the District for the remaining period of disability after
accrued sick leave has been exhausted. The County may require that the
employee submit a certificate from a physician periodically during the period of
such absence. Time Management and Holiday leave credits shall not be
accumulated during the period of such absence without pay.
D. In the event that an employee needs to utilize employee's allowance of sick leave,
that employee shall notify the on -duty supervisor of the pending absence at the
earliest possible time prior to the commencement of the employee's work shift,
normally at least four (4) hours prior to a swing shift or night shift, or at least two
(2) hours prior to a day shift. The employee will advise the nature or reason for
the absence and the expected length of the absence, unless the employee is unable
to do so because of the serious nature of the illness or injury. If a supervisor is
unavailable, a lead or senior dispatcher must be notified of the absence.
E. Sick leave time used shall be on an hour for hour basis.
F. When an injury occurs in the course of employment, the District's obligation to
pay under the sick leave section is limited to the difference between any payment
received under Workers' Compensation laws and the employee's net salary.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 20 of 33
When an employee receives sick leave pay under this Article, pro -rated charges
will be made against accrued sick leave.
G. A physician's statement documenting an employee's illness may be required at
the option of the Director or his/her designee when there is a reasonable suspicion
that an employee is abusing sick leave privileges, to be paid for by the District.
Abuse of sick leave privileges shall be treated in accordance with the discipline
and discharge provisions of this Agreement.
H. Unused sick leave credits shall be converted to retirement benefits in accordance
with ORS 257.153.
22. WORKERS' COMPENSATION
All members of the bargaining unit will be insured through the State Accident
Insurance Fund, a private insurer, or though self insurance by the District, under
the Oregon State Workers' Compensation Act for occupational disabilities while
at work for the District.
23. LEAVE OF ABSENCE WITH PAY
Employees may request the following types of leave of absence with pay:
A. An employee shall be granted two (2) days of funeral leave with regular salary in
the event of death in the immediate family of the employee if the person who is
deceased resided within the Sate of Oregon. An employee shall be granted three
(3) days of funeral leave with regular salary in the event of death in the immediate
family of the employee if the person who is deceased resided outside of the State
of Oregon. "Immediate family" is defined as spouse, parent, child, brother, sister,
mother-in-law, father-in-law, grandparent, grandchild, and any member of the
employee's immediate household.
B. Employees will be granted time off for military leave in accordance with State
and Federal law.
C. Employees shall be granted leave with pay for service upon a jury. However, any
money the employee receives as compensation for jury duty, excluding mileage,
shall be turned over to the District. Upon being excused from jury service for any
day, the employee shall immediately contact the employee's supervisor or the
Director for assignment for the remainder of the employee's regular workday,
unless the employee's jury duty has been for such hours that causes the employee
to be so tired as to be unfit for duty. In those instances, the employee may utilize
sick leave.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 21 of 33
24. LEAVE OF ABSENCE WITHOUT PAY
A. Upon request by an employee, the Director may grant a leave of absence without
pay not to exceed ninety (90) calendar days.
B. Leaves of absence without pay for periods in excess of 90 days must be approved
by the 911 Executive Board.
C. During such leave, the District will maintain, at employee's expense all benefits,
with the exception of time management accrual, provided by this Agreement.
D. Failure of an employee to pay the premiums for benefits in advance shall result in
the termination of the leave of absence.
25. OTHER LEAVES
A. Parental leave, may be granted upon request of the employee according to OFLA
and FMLA. Parental leave may be extended or renewed for an additional period,
at the discretion of the Director.
B. Employees may be granted time off with pay for educational purposes for
reasonable lengths of time to attend conferences, seminars, briefing sessions,
training programs and other programs of similar nature that are intended to
improve or upgrade the employee's skill and professional ability, when approved
by the Director.
26. RETIREMENT
The District shall be a participant in the Oregon Public Service Retirement Plan
(OPSRP) and/or the Public Employee's Retirement System (PERS).
27. INSURANCE
A. Health insurance is to include the following:
1. Medical Insurance
2. Vision Insurance
3. Dental Insurance
4. Prescription Drug Insurance
5. Orthodontic Insurance
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 22 of 33
B. Health insurance benefits will be provided to Association employees under the
same conditions and/or restrictions as provided to employees of Deschutes
County.
C. The premium co -pay will be no greater than $65 per month per employee for the
2008-2009 contract year, no more than $80 per month per employee for the
2009-2010 contract year, and no more than $95 per month per employee for the
2010-2011 and 2011-2012 contract years. If Deschutes County establishes a
monthly premium co -pay for its employees which is less than the above stated
minimums, District employees will pay the lower rate.
(NOTE: in the event the County provides funds for benefits for non -Association
employees which are in excess of the scheduled amount identified in the contract,
the same benefit level will apply to Association employees).
D. Throughout the duration of this contract, the Association will have an employee
representative on the County Employee Benefits Advisory Committee.
E. Other insurance is to include the following:
1. Employee Life Insurance
2. Dependent Life Insurance
3. Long-term Disability Insurance
4. Workers' Compensation Insurance
5. Unemployment Insurance
6. Retirement Health Insurance
Other insurance benefits will be provided to Association employees under the
same conditions and/or restrictions as provided to all other County employees. If
coverage is adjusted and/or modified for all other County employees, the same
will apply to Association employees.
F. IRS 125 Plan
In addition to health insurance and other insurance, the County will make
available to Association employees a qualified IRS 125 Plan.
G. Eligibility
Regular full-time Association employees will be eligible for insurance benefits in
accordance with this contract.
H. Married couples who both work for the District
Coverage will not be duplicated. One spouse or the other will be covered as the
primary recipient.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 23 of 33
28. GRIEVANCE PROCEDURE
A. A grievance for the purpose of this Agreement is defined as an alleged violation
of a specific term of this Agreement. A day is defined as a calendar day.
B. In an effort to provide for resolution of disputes, the parties agree to the following
procedures:
Step I:
Any employee claiming a breech of any specific provision of this Agreement may refer
the matter, in writing, to his/her immediate supervisor outside the bargaining unit within
fifteen (15) days from the occurrence thereof, or the employee's knowledge of the facts
thereof The employee shall provide a copy of the written grievance to the Association.
The supervisor shall respond to the grievance in writing as quickly as possible, but no
later than fifteen (15) calendar days after the grievance is filed.
Step II:
If, after fifteen (15) days from the date of the filing of the grievance with the Supervisor,
the grievance remains unadjusted, the grievance may be submitted within fifteen (15)
days to the Director, along with a written statement as to why the Supervisor's Step I
response does not adequately resolve the grievance. The Director shall meet with the
aggrieved party, who may request an Association representative at the meeting. The
meeting between the Director and the aggrieved -party shall be within fifteen (15) days of
the Director's receipt of the written grievance. The Director shall respond to the
grievance in writing within fifteen (15) days of such meeting. Neither party's Step II
written statements or responses shall be introduced into evidence in a subsequent
arbitration hearing on the grievance for the purpose of limiting any legal theory which
either party may introduce under the facts.
Step III:
If after fifteen (15) days of the meeting between the Director and the aggrieved party the
grievance remains unadjusted, the grievance may be submitted within fifteen (15) days to
the District Executive Board. The Executive Board shall meet with the Director and the
aggrieved party (separately or together) in an attempt to resolve the grievance. The
meeting or meetings with the Executive Board shall be within fifteen (15) days of the
date of the written grievance is delivered to the Executive Board. The Executive Board
shall respond to the grievance in writing within ten (10) days of the meeting or meetings.
Step IV:
If the grievance is not resolved within twenty (20) days from the submission of the
grievance to the Executive Board, the Association will have ten (10) days to serve notice,
in writing, to the Executive Board of its intent to submit the grievance to final and
binding arbitration. The arbitrator shall be selected by mutual agreement of the parties.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 24 of 33
If the parties cannot agree on an arbitrator within fifteen (15) days of submitting the
grievance to arbitration, the arbitrator shall be chosen in the following manner:
a. Either party may request a list if five (5) names of arbitrators from the
Oregon State Conciliation Service. Within seven (7) days of the receipt of
the list, the parties shall alternately strike names from the list until one name
remains, and the remaining person on the list after the strikes have been
completed shall swerve as the arbitrator. The party striking the first name
shall be determined by a coin flip.
b. The arbitrator shall hold a hearing promptly and shall issue a decision within
thirty (30) days of the hearing. The arbitrator's decision shall be in writing
and shall set forth findings of fact, reasoning and conclusions of the issues
submitted. The powers of the arbitrator shall be limited to determining if
the Agreement has been violated; he/she shall have no authority to alter,
modify, vacate or amend any of the terms of the Agreement.
c. The cost of the arbitrator and court reporter (if the court reporter is requested
by both parties) shall be borne by the losing party. Each party shall be
responsible for costs of presenting its own case to arbitration. Any time
limits specified in the grievance procedure may be waived by mutual
consent of the parties. Failure to submit the grievance in accordance with
these time limits without such waiver shall constitute abandonment of the
grievance. Failure by the District to submit a reply after knowledge of the
grievance by the party responsible for the reply within the specified time
will move the grievance to the next step in the grievance procedure. A
grievance may be terminated at any time upon receipt of a signed statement
from the Association or the employee.
d. Each party shall be responsible for compensating its own representatives
and witnesses at any step of this procedure.
e. If the parties agree in writing, Steps I, II and III may be waived.
29. DISCIPLINE AND DISCHARGE
A. Disciplinary actions shall include the following:
1. Oral reprimand
2. Written reprimand
3. Suspension
4. Demotion
5. Discharge
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 25 of 33
B. Discipline may be invoked by the Director or the employee's supervisor only for
just cause. Conduct reflecting a discredit upon the District or which is a
hindrance to the effective performance of District functions, shall be considered
reason for disciplinary action. Such reason may include, but not be limited to,
misconduct, inefficiency, incompetence, insubordination, misfeasance,
malfeasance, the willful giving of false information, or the withholding of
information, and violation of District rules. Disciplinary action need not be
progressive, but shall be appropriate for the nature of the offense committed.
Oral reprimands imposed upon an employee shall not be subject to the grievance
procedure of this Agreement. If the Director or supervisor has reason to
discipline an employee, the Director or supervisor shall make reasonable efforts to
impose such discipline in a manner that will not embarrass or humiliate the
employee before other employees or the public.
C. Employees who are the focus of a disciplinary investigation shall be told of the
complaint at the beginning of the investigation unless to do so would compromise
the investigation. At the beginning of the interview, the employee shall be
informed of the nature of the complaint or charges before the employee is
required to respond to questions concerning the same. The employee will be
given reasonable breaks for personal purposes. The Association or the District
may tape record the interview.
D. If the proposed type of discipline to be imposed is of an economic nature, the
District shall give the employee notice of the proposed discipline, copies of all
investigative reports that directly relate to the incident for which the District is
considering discipline, unless the District is denied access to a document over
which it has no control, and the employee shall have ten (10) calendar days from
the receipt of the investigative reports to respond either in writing or in person as
to why the proposed discipline would be inappropriate.
30. PROBATIONARY PERIOD
A. Every new employee shall serve a probationary period of twelve (12) consecutive
months. Once the employee has successfully completed the probationary period,
employee shall be considered a regular employee and granted seniority retroactive
to the date of employees most recent hiring.
B. New Hire probationary employees shall serve at the discretion of the Director and
may be discharged at the discretion of the Director during the probationary
period. Discharge of probationary employees shall not be subject to the grievance
procedure.
C. Regular full time employees promoted into a higher classification shall serve a
promotional probationary period of six (6) months. This period of probation may
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 26 of 33
be extended by the Director for an additional six (6) months to further evaluate
the employee. If a promotional probationary employee does not satisfactorily
complete promotional probation because of inadequate performance in the
promoted position, the District shall return the employee to the position held by
the employee at the time of his or her promotion, at the same wages and benefits
the employee had in his or her previously held position. Notwithstanding the
foregoing, promotional probationary employees are subject to discipline
consistent with Article 28.
31. PERSONNEL FILE
A. All of an employee's personnel files will be available for the employee's
inspection during normal working hours by appointment with the Director.
Should an employee desire a copy of any item in the files, such copy shall be
provided to the employee provided the employee signs a receipt for the copy. The
employee has the right to respond in writing to any item placed in the files. No
derogatory item shall be placed in an employee's personnel file without the
knowledge of the employee. The District will maintain the confidentiality of the
files as per State law, and will not release any information in the files to other
than those authorized within the District without the consent of the affected
employee except where such release is compelled by either an order of a court or
by State law. This in no means restricts the Association's access to personnel
files as necessary to carry out its duties of representation.
B. Written reprimands and suspensions without pay shall remain a permanent part of
an employee's personnel files. Documented oral reprimands shall be deemed
stale after twenty four (24) months.
32. RULES
The parties jointly recognize that the District Agency Board, and the Director are
responsible to the citizens of the County and the public generally for the
performance of the functions and services performed by the District. These
responsibilities cannot be delegated, nor be the subject of a collective bargaining
agreement. For this reason, it is jointly recognized that the Agency Board and the
Director must retain a broad authority to fulfill and implement their
responsibilities and may do so by work rule, oral or written, existing or future. It
is agreed, however, that no work rules will be promulgated or implemented which
are inconsistent with a specific provision of this Agreement, provide, that the
requirements of Oregon law will always be paramount. All work rules which
have been or shall be reduced to writing, will be furnished to the Association.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 27 of 33
33. LABOR/MANAGEMENT COMMITTEE
A. The Director shall meet at mutually convenient times with the Association
Labor/Management Committee, if such a committee exists. The
Labor/Management Committee meetings with the Director shall be held, if
practicable, at a time not to interfere with the Committee member's regular work
period. The Association Labor/Management Committee shall consist of two (2)
members selected by the Association.
B. The purpose of the Labor/Management Committee will be to adjust pending
grievances and to discuss procedures for avoiding future grievances. In addition,
the Committee may discuss with the Director, other issues which would improve
relationships between the parties. Prior notice of topics for discussion at such
meetings shall be furnished by each party to the other. Matters of on-the-job
safety may be raised at the meetings of the Labor/Management Committee.
34. FUNDING
A. The parties recognize that revenue needed to fund the wages and benefits
provided by the Agreement must be approved annually by established procedures,
and in certain circumstances by vote of the citizens of Deschutes County. The
level of employment within the bargaining unit is, therefore, contingent upon
sources of revenue, and, where applicable, annual voter budget approval.
B. The District has no intention of reducing the level of employment within the
bargaining unit because of budgetary limitations, but cannot and does not
guarantee any level of employment in the bargaining unit covered by this
Agreement.
C. In the event of budgetary limitations as determined by the District, the District
shall have the right to reduce the level of employment within the bargaining unit
in accordance with the layoff provisions of this Agreement. At the option of the
District, the Director may present an option to such layoff to the Association,
which option may include a reduction in wages or benefits currently being
received by members of the bargaining unit. The Association, upon receipt of
such option from the Director, shall conduct a vote among its members as to
whether to accept or reject the Director's proposed option to a layoff If the
Association members accept the option proposed by the director, then the option
shall be implemented by the District in lieu of a layoff. If the Association rejects
the option proposed by the Director, then the Director has no authority to cut the
level of wages or benefits provided by this Agreement.
D. The District agrees to include in its annual budget request amount sufficient to
fund the wages and benefits provided by this Agreement, but makes no guarantee
as to the passage of such budget requests or voter approval thereof.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 28 of 33
35. SAVINGS CLAUSE
Should a section, paragraph or portion thereof of this Agreement be held unlawful
and unenforceable by a court of competent jurisdiction over the subject matter,
such decision shall apply only to the specific section, paragraph or portion thereof
directly specified in the decision. Upon the issuance of any such decision, the
parties agree immediately to enter into negotiations for a substitute, if possible,
for the invalidated section, paragraph or portion thereof.
36. BILINGUAL PAY
Employees who are bilingual in Spanish at the intermediate level shall receive
$125.00 per month.
37. DURATION
This Agreement shall be effective July 1, 2008, and shall remain in full force and
effective through June 30, 2012. After June 30, 2012, this Agreement shall be
automatically renewed from year to year, unless either the District or the
Association give written notice to the other no later than January 1, prior to the
aforesaid expiration date of the Agreement of its desire to modify the Agreement.
Dated this day of 2008.
DESCHUTES 9-1-1 EMPLOYEES
ASSOCIATION:
Anc�ew ZaisPresident
ii.. i7 n
ari Elliston,
Bargaini Representative
a mball,
Bargaining Representative
ATTEST:
Recording Secretary
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 29 of 33
DESCHUTES COUNTY 9-1-1
SERVICE DISTRICT
Rebekah McDonald, Director
DESCHUTES COUNTY BOARD OF
COMMISSIONERS, GOVERNING
BODY OF THE DESCHUTES
COUNTY 91-1- SERVICE
DISTRICT
Dennis Luke, Commissioner, Chair
Tammy (Baney) Melton, Commissioner
Mike Daly, Commissioner
APPENDIX A
SALARY SCHEDULE — Effective July 1, 2008
Telecommunicator I
Step Hourly
1 $15.7723
2 $16.5558
3 $17.3834
4 $18.2527
5 $19.1653
6 $20.1236
7 $21.1297
Telecommunicator II
Step Hourly
1 $18.1382
2 $19.0392
3 $19.9910
4 $20.9905
5 $22.0401
6 $23.1422
7 $24.2992
Telecommunicator III
Step Hourly
1 $18.8536
2 $19.8075
3 $20.8012
4 $21.8478
5 $22.9402
6 $24.0871
7 $25.2915
Effective July 1, 2008, 2009 and 2010, there shall be a cost -of -living increase
to the fiscal year wage schedule. The increase shall be equal to the US/All
Cities CPI -W January to January, with a minimum of 3% and a maximum of
5.5%.
Effective July 1, 2011, there shall be a cost -of -living increase to the fiscal year
wage schedule. The increase shall be equal to the US/All Cities CPI -W
January to January with a minimum of 3% and a maximum of 5.5%. On top
of the cost -of -living increase, there shall also be an additional increase of 3%
made to all salary schedules within the contract.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 30 of 33
Appendix B
SUBJECT: TIME MANAGEMENT — DESCHUTES COUNTY 9-1-1 EMPLOYEES
ASSOCIATION
I. PURPOSE
It is the purpose of the Deschutes County Time Management Program to provide
employees with a leave -with -pay program that is easily understood, responsive to
individual needs, and easy to administer. This program is also intended to
eliminate any abuse of sick leave while rewarding employees for faithful
attendance and productivity.
II. SCOPE
This program covers all employees represented by Deschutes County 9-1-1
Employee's Association. Those employees covered by the provisions of this
program shall not be eligible for separate leave benefits covering the following:
• sick leave (nonoccupational illness or injury leave)
• vacation leave
• family emergency
• compensatory time (except as provided by the FLSA)
Nonexempt employees who are eligible for 1 '/z compensatory time or overtime will
still receive such under this program in accordance with the Fair Labor Standards Act.
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 Hours of Earned Leave
Service Leave Accumulation
0 — 48 months
49 — 108 months
109 — 168 months
169 — 228 months
229 — 288 months
289 + months
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 31 of 33
168 hours
192 hours
216 hours
240 hours
264 hours
288 hours
14 hrs/month
16 hrs/month
18 hrs/month
20 hrs/month
22 hrs/month
24 hrs/month
B. For regular part-time employees, all reference to time accrual or usage in
the Time Management shall be pro -rated according to the percentage of
full-time equivalency authorized for the position.
C. During the course of the year, absence from work for any reason other
than on-the-job illness or injury covered by Workers Compensation shall
be charged against "earned leave" except as provided in Section IV.B of
this policy. Earned leave shall accrue whenever an employee is on pay
status with the County. Employees do not accrue earned leave when on
leave without pay. Leave accrued under Section 18. "Holidays" of the
Agreement shall be treated as "earned leave" and added to the accrual
amounts identified Section A of this policy.
D. 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 leave greater than twice the annual accumulation
shall forfeit the amount above the maximum accumulation. An employee
who has acquired the maximum allowable accumulation of earned leave
may continue to accumulate earned leave for the balance of the year in
which the maximum accrual was reached, provided that the employee take
sufficient earned leave to reduce the accumulation to the maximum
allowable prior to the following March 31 or forfeit the excess.
E. Upon an employee's termination, after six months of service, all of the
employee's earned. leave (including vacation rollover, if any) shall be paid
to the employee at the current rate of pay.
F. In the event of an employee's death, after six months of service, all earned
leave shall be paid to the employee's designated beneficiary at the current
rate of pay.
G. During the first five years of employment, employees shall be required to
take a minimum of one (1) week of earned time management leave per
year. Thereafter, employees shall be required to take a minimum of two
(2) weeks of earned time management leave per year.
H. Employees shall, whenever possible, request time off in advance. Use of
such leave must be scheduled between the employee and his/her
supervisor or designee. When an employee is sick or an emergency
requires his or her presence elsewhere, the employee must notify the
supervisor as soon as possible.
I. After one year of continuous employment, employees may request to
convert up to 96 hours of accrued leave to cash on an annual basis. To be
eligible, an employee must maintain a minimum balance of one year's
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 32 of 33
accrual of annual leave and must have used at least 48 hours of time
management leave during the previous twelve months. A request for
conversion of annual leave to cash must be approved by the Department
Head subject to budget restrictions and is allowed twice each fiscal year.
J. During the last three years prior to retirement, employees may sell up to
96 hours each year of their annual leave accrual at the current rate of pay.
Extensions of an employee's schedule retirement date notwithstanding; no
employee will be entitled to this option in more than three years. This
paragraph is not subject to any of the limitations expressed in Section I. of
this policy.
IV. PRIOR SICK LEAVE ACCUMULATION
An employee's existing sick leave accrual at the time of entering the Time
Management Program will be preserved in a separate balance. No additional sick
leave will be earned. Existing sick leave will be treated in the following manner:
A. No compensation for accrued sick leave shall be provided for any
employee for any reason, except that one-half of the employee's accrued
sick leave shall be paid to the employee or his/her beneficiary upon death
or permanent total disability.
B. Employees will be allowed to convert up to 100 hours of existing sick
leave to the earned leave balance on a two-for-one basis. (100 hours of
sick leave will convert to 50 hours of earned leave).
C. Existing sick leave (banked sick leave) may be used by employees only
after the employee has been absent from work for at least twenty-four (24)
hours in a row for qualifying sick leave utilization per the Personnel
Rules. The twenty-four (24) hours will be either deducted from earned
leave or be identified as leave without pay.
Deschutes 9-1-1 Employees Association
July 1, 2008 — June 30, 2012
Page 33 of 33