HomeMy WebLinkAboutRes2019-027 Sponsored by: Bridges
CITY OF SEWARD.ALASKA
RESOLUTION 2019-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH THE ALASKA PUBLIC EMPLOYEES
ASSOCIATION (APEA) RETROACTIVELY EFFECTIVE JANUARY 1,
2019 AND ENDING DECEMBER 31,2021
WHEREAS, Resolution 2018-024 authorized a union representation election for certain
regular employees, identified job positions eligible to vote and provided direction in the result of
an affirmative vote; and
WHEREAS, an affirmative vote occurred on May 8, 2018; and
WHEREAS, an executive session was held and direction was given to Administration to
negotiate a contract with the Alaska Public Employees Association (APEA); and
WHEREAS, a negotiating team consisting of the Interim City Manager, Assistant City
Manager, and City Attorney has reached a tentative agreement with the APEA governing the
wages and working conditions for eligible employees; and
WHEREAS, eligible employees have ten (10) days to opt out of the contract and be
subject to the employee provisions established in Title 3 of the Seward City Code; and
WHEREAS, employees eligible for union representation that choose to opt out will not
be subject to union dues or agency fees; and
WHEREAS, the City and APEA agree to the terms and conditions as outlined in the
attached contract which expires December 31, 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The City Manager is authorized to enter into an agreement with the Alaska
Public Employees Association retroactively effective January 1, 2019 and continuing until
December 31, 2021.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
11'h day of March, 2019.
CITY OF SEWARD, ALASKA
RESOLUTION 2019-027 J
THE CITY OF SEWARD,ALASKA
j •
\ANLL
David Squires,Mayor
AYES: McClure, Osenga, Seese, Horn, Towsley, Lane, Squires
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
renda J. B.•ou, MMC
City Clerk
(City Seal) %%%%%%%%
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AGREEMENT COVERING
TERMS AND CONDITIONS OF EMPLOYMENT
Between
THE CITY OF SEWARD
Seward, Alaska
And
SEWARD PUBLIC EMPLOYEES ASSOCIATION
(January 1, 2019 December 31, 2022)
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TABLE OF CONTENTS
ARTICLE1 ................................................................................................................................. 1
PREAMBLE AND PURPOSE ...............................................................................................1
ARTICLE2 ................................................................................................................................. 1
RECOGNITION AND MANAGEMENT RIGHTS ...................................................................1
ARTICLE3 ................................................................................................................................. 3
UNION MEMBERSHIP AND DUES .....................................................................................3
ARTICLE4 ................................................................................................................................. 8
JOB CLASSIFICAITON, JOB DESCRIPTIONS & PAY PLAN ..............................................8
ARTICLE5 ................................................................................................................................10
PERSONNEL ACTIONS .....................................................................................................10
ARTICLE6 ................................................................................................................................14
PROBATIONARY PERIODS ...............................................................................................14
ARTICLE7 ................................................................................................................................16
PERFORMANCE EVALUATIONS & PERSONNEL FILES ..................................................16
ARTICLE8 ................................................................................................................................17
DISCIPLINE AND DISCHARGE ..........................................................................................17
ARTICLE9 ................................................................................................................................20
GRIEVANCE AND ARBITRATION PROCEDURES ............................................................20
ARTICLE10..............................................................................................................................24
SEPARATION/SENIORITY/LAYOFF ..................................................................................24
ARTICLE11..............................................................................................................................27
PAY AND PAYROLL ...........................................................................................................27
ARTICLE12..............................................................................................................................32
HOURS OF WORK .............................................................................................................32
ARTICLE13 ..............................................................................................................................34
HOLIDAYS ..........................................................................................................................34
ARTICLE14..............................................................................................................................35
PAID TIME OFF/LEAVE ......................................................................................................35
ARTICLE15..............................................................................................................................39
WORK RULES ....................................................................................................................39
ARTICLE16..............................................................................................................................42
SAFETY ..............................................................................................................................42
ARTICLE17..............................................................................................................................43
BENEFITS ..........................................................................................................................43
ARTICLE18..............................................................................................................................45
STRIKE/LOCKOUT/WORKSTOPPAGE/PICKET LINE .......................................................45
ARTICLE19..............................................................................................................................45
GENERAL PROVISIONS ....................................................................................................45
SIGNATUREPAGE ..................................................................................................................47
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ARTICLE 1
PREAMBLE AND PURPOSE
This Agreement is made and entered into between the City of Seward, hereinafter
referred to as the "City," and the Seward Public Employees Association, referred to as
the "Union."
The purpose of this Agreement is to set forth the terms and conditions of employment
with the City and to promote orderly and peaceful labor relations.
The parties recognize that the interests of the community and the job security of the
Employees depend upon the City's success in establishing proper and cost-efficient
service to the community. To these ends, the City and the Union encourage, to the
fullest degree, friendly and cooperative relations between their respective
representatives at all levels and among all Employees.
The parties also agree that it is their mutual intent to maintain and strengthen the merit
principles in the bargaining unit.
ARTICLE 2
RECOGNITION AND MANAGEMENT RIGHTS
2.1 The City recognizes the Union as the sole bargaining agent for and exclusive
representative of those Employees whose job classifications are set out in
Appendix A to this Agreement and have not elected to opt out of representation
for collective bargaining with respect to salaries, wages, hours, and other terms
and conditions of employment. The City shall not negotiate, confer, or handle
grievances with any Employee organization other than the Union or its designee
on matters concerning unit members of the Seward Public Employees
Association.
2.2
1. This Agreement excludes from the bargaining unit and does not include
any Employee who has exercised their right to be governed exclusively by
Title 3 of the City Code and the following classifications:
Assistant City Manager, Executive Liaison, Finance Director, Deputy
Finance Director, Systems Manager, Deputy City Clerk, Accounting
Supervisor, Personnel Officer, Planner, Police Chief, Police Lieutenant,
Police Executive Assistant, Fire Chief, Deputy Fire Chief, Public Works
Director, Street Foreman, Parks and Recreation Director, Park and
Campground Operations Supervisor, Library Director, Library and
Museum Program Coordinator, Harbormaster, Deputy Harbormaster.
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2.3
1. The City and the Union now enter into an Agreement reached through
collective bargaining which will have the following purposes:
a. To promote fair, reasonable, consistent, and safe working
conditions;
b. To recognize the legitimate, reasonable employment-related
interests of the Union to participate through collective bargaining in
the determination of the terms and conditions of Employees'
employment with the City;
c. To promote harmonious relations between the City and the Union;
d. To promote individual efficiency in service to the citizens of the City
of Seward;
e. To avoid any interference with efficient and safe operation of the
City of Seward;
f. To provide a basis for the adjustment of any matter of mutual
interest by means of amicable discussion;
g. To contribute to the continuation of good Employee relations and to
be in all respects in the best public interest.
2.4
1. The City and the Union shall jointly determine whether any new or
reclassified position is to be included/excluded from the Bargaining Unit,
subject to Council approval. If the parties agree that the position is
properly included within the Bargaining Unit, the personnel records will be
so annotated.
2. If the parties do not agree, then the City and the Union shall go to binding
arbitration.
2.5 It is recognized that the Employer retains the right, except otherwise expressly
provided in this Agreement, to manage the affairs of the City of Seward and to
direct its workforce. Such functions of the Employer include, but are not limited to
the following:
a. Determine the overall mission and purpose of the City;
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b. Determining the services to be rendered, the operations to be
performed, the technology to be utilized, or the matters to be
budgeted and the priorities therefor;
c. Determine the overall methods, processes, means, job
classification and descriptions, work schedules, work assignments,
and personnel by which the work of the City is to be conducted;
d. Direct, supervise, hire, recruit, select, promote, train, evaluate,
transfer within a job classification, assign, and schedule
Employees;
e. Discipline Employees for just cause;
f. Lay off Employees from duties because of lack of work or funds or
under conditions where the City determines that continued work
would be inefficient or nonproductive;
g. Establish reasonable work rules, assign the hours of work, and
assign Employees to shifts of its designation,
h. Adopt policies, regulations, educational programs, safety programs,
and any other measurers, not in conflict with this Agreement,
necessary to assure the efficient and effective operations of the
City;
i. Contract out work if no Employee covered by this Agreement will be
laid off or have their hours of work cut; and
j. Develop and/or modify job descriptions.
2.6 Contracting Work
It is the general policy of the City to continue to utilize its Employees to perform
the work they are qualified to perform. However, the City reserves the right to
contract out any work it deems necessary, in the interest of efficiency, improved
work product, economy, or emergency, as long as no Employee covered by this
Agreement will be laid off or have their hours of work cut.
ARTICLE 3
UNION MEMBERSHIP AND DUES
3.1 Membership Requirements
1. Upon City Council approval of this Agreement, all eligible Employees shall
be allowed ten (10) days to opt out of Union representation and continue
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to have their employment governed by Chapter 3 of the Seward City
Code; newly hired eligible employees shall also be allowed ten (10) days
to exercise the same option. Any eligible Employee who is or becomes a
member of the Union during the life of this Agreement shall remain a
member during the term of the Agreement, except that such individual
may withdraw from membership upon serving thirty (30) days written
notice to the Union and Employer. Any employee who later decides to join
the Union may only opt out during either the thirty (30) calendar day period
immediately preceding the annual anniversary date or the scheduled
termination date of this Agreement, or the thirty (30) calendar day period
immediately preceding the anniversary date of the individual's most recent
official Membership Application and Dues Deduction Authorization form(s).
No employee may join the Union while subject to an active disciplinary
investigation, or has a reasonable belief that a disciplinary investigation is
imminent; during the grievance process; or for the purpose of filing a
grievance.
2. Within ten (10) working days of hiring a new Employee covered by this
Agreement, the City shall notify the Union in writing of the name, address,
and job title of the new Employee. The Union shall provide the Employee
with a copy of this Agreement.
3.2 Dues/Fees
1. Upon written authorization of an Employee on a form provided by the
Union, the City shall deduct from the Employee's pay check the monthly
amount of union dues or agency fees and transmit such amount to the
Union.
a. Membership Dues: Membership dues and fees for Employees who
join the Union shall be collected in accordance with the bylaws of
the Union.
b. Voluntary Agency Fees: Employees covered by this Agreement
who choose to become a Voluntary Agency Fee Payer shall have
such fees collected in accordance with the bylaws of the Union.
3.3 Payroll Deductions
1. The payment of membership dues or voluntary agency fees shall
commence with the first payday of the month after thirty-one (31) calendar
days following the initial date of employment.
2. The City shall promptly pay to the Union those authorized membership
dues/agency fees deducted from Employee wages each month.
Employees, who choose to change their status from membership to a
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voluntary agency fee payer or to a non-member, may do so after written
notice to the Union and the City Administration. Such status change shall
become effective immediately based on the date of the written notice. Any
adjustments to the deductions shall occur at the next full pay period.
3.4 Union and Employee Responsibility
This Agreement is binding for every Employee in the bargaining unit. Each
Employee, individually and collectively, accepts full responsibility for carrying out
all the provisions of this Agreement. The Union agrees that it shall actively
dissuade absenteeism and tardiness, all forms of illegal harassment, and any
other practices which may hamper the City's operation. The Union will support
the City's efforts to eliminate waste and inefficiency, to improve the quality of
work, and to promote harmonious relations between the City and Employees.
The Union shall make every effort to see that Employees obey all City workplace
policies, procedures, rules, and instructions which are not inconsistent with the
terms of this Agreement.
3.5 Union Representatives and Activities
1. The Union may have six (6) Employee Representatives who shall be
authorized to handle complaints and grievances arising under this
Agreement. The Union shall provide to the City a list of all authorized
Employee Representatives. The Union may designate different Employee
Representatives at any time within thirty (30) days written notice to the
City Administration.
2. An Employee Representative may make reasonable visits within the work
area the Employee represents for the purposes of handling specific
complaints and grievances arising under this Agreement. The Employee
Representative shall first notify and obtain the approval of the Department
Head in advance of such visit, advising the Department Head where the
Employee Representative shall be and how long the Employee
Representative anticipates such visit shall take. The Employee
Representative shall arrange such visits to occur at times when they will
least impact City operations and the performance of work. Prior to
conducting such visit, the Employee Representative shall fill out the
appropriate time record recording the time the Representative left the work
assignment/area. Upon concluding the visit, the Employee Representative
shall promptly notify the Department Head that the visit was concluded
and that the Representative has returned to the work assignment/area, at
which time the Representative shall record on the appropriate time record
that the visit has concluded. All time spent on such visits shall be
designated on the time record as Union Leave and deducted from the
appropriate Union Leave account.
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3. The Union may have representatives who are not Employees of the City
who also shall be authorized to speak for the Union in all matters
governed by this Agreement and shall be permitted to visit any work area
for the purpose of administering this Agreement at reasonable times upon
advance approval of the City Administration or designee. Such approval
will not be unreasonably denied. The Union shall arrange such visits to
occur at times when they will least impact City operations and the
performance of work. The Union shall provide to the City a list of all such
authorized representatives.
4. During working hours, the Employee Representative may handle
complaints and grievances arising under this Agreement with the proper
City Representative. These visits shall be scheduled, held and accounted
for in the same manner and in accordance with the procedures set forth in
Section 2 above. Employee Representatives will not leave their work
duties during emergency or critical situations.
5. Upon the concurrence of the Department Head and when the normal flow
of work will not be unduly disrupted, the Employee Representative will be
allowed to confer periodically and for a reasonable length of time with
Employer Representatives to work out solutions to problems on matters
not deemed critical but which, because of convenience to both
management and labor, can be moved toward resolution. These visits
shall also be scheduled, held and accounted for in the same manner and
in accordance with the procedures set forth in Section 2 above.
3.6 Union Leave and Leave Bank
1. Employees granted Union leave shall be paid for their leave time from the
Union Business Leave Bank as set out in Subsection 2 below, so long as
there is accumulated leave in the bank. The City shall not be obligated to
compensate the Employee Representatives for any time spent on Union
leave. The hours spent on Union leave will not be counted as hours
worked for purposes of computing overtime. Union leave shall be granted
in the following manner:
a. No more than six (6) Employee members of the Union negotiating
committee shall receive Union leave for all time necessary for the
conduct of contract negotiations, including reasonable time for
negotiating committee meetings outside of the negotiations
themselves.
b. Union leave shall be granted for all reasonable time necessary to
process grievances, including arbitrations, for grievants, Employee
Representatives and elected Union officers who may be involved,
and witnesses.
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c. Employee Representatives shall be granted up to five (5) work days
per calendar year of Union leave to attend Union sponsored
training.
d. Elected Union officers shall be granted a reasonable amount of
Union leave for the purpose of conducting Union business. Such
time shall not normally exceed four (4) hours per week.
e. Union leave will not be unreasonably denied. However, it is
understood and agreed that such leave may be denied if the
Employee's services are needed by the City. Requests for
association business leave will normally be made through the
Union President or designee. The Union will endeavor to give as
much notice as possible for business leave.
2. Union Business Leave Bank
a. There is hereby created a Union Business Leave Bank which shall
be administered by the Union with records kept by the Union and
the Employer. The Bank shall be established by an automatic
transfer each January 16 of two (2) hours of PTO leave from the
leave account of each Employee in the bargaining unit. If an
Employee does not have two (2) hours of PTO leave as of January
16, the two (2) hours shall be transferred when the Employee has
accrued them. The Bank will be used consistent with the terms of
this Article.
b. The Union may cancel the automatic leave deduction for any year
in which enough cash is available for purposes of the Bank.
c. The Employer agrees that reasonable effort will be made to release
Employees consistent with the terms of this Article. However, the
parties recognize that situations may arise that prevent
representatives from being released.
3.7 Meeting Space
Where there is available meeting space in City owned facilities, such space may
be used for meetings by the Union at no cost to the Union with a written
reasonable notice to the City. Approval shall not be unreasonably denied.
3.8 Bulletin Board
The Union shall have the right to use bulletin board space at mutually agreeable
locations for the purposes of posting Union information. The union contract and
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union calendar shall be placed in all city Employee break rooms and shall be
plainly visible.
ARTICLE 4
JOB CLASSIFICAITON, JOB DESCRIPTIONS & PAY PLAN
It is the obligation of the City to establish and maintain a classification system and a pay
plan.
The City will conduct a wage study including wages, position classifications and leave. It
is the intent to initiate the study within four (4) months of a ratification of the contract.
Upon completion of the study, an implementation plan will be negotiated as a reopener
to this contract.
4.1 Classification Rights and Duty
1. The City shall have sole authority and duty to establish, decide, determine
and designate all occupational classifications it has to offer Employees,
including the right to establish new classifications, reclassify, change,
consolidate or abolish existing classifications at any time, and to determine
job content, duties and responsibilities. The City shall also have the
authority to allocate and reallocate positions.
2. The City may establish new classifications and rates for classifications. The
City shall notify the Union when any new classification is established. In the
event the Union, within five (5) calendar days thereafter, notifies the City in
writing that it disagrees with said rate, the matter shall be subject to
negotiations between the parties. The rate shall be effective as of the first
date Employees were assigned to the classification.
4.2 Job Descriptions
The City shall maintain job descriptions which identify essential functions and not
inclusive of each and every duty of a position. Job descriptions shall include a
statement of qualifications consistent with Section 4.4 below. The City will notify
the Union of proposed changes to Job Descriptions which will impact Employees
currently employed in the affected position(s) prior to being adopted.
4.3 Duties of Employees
An Employee may be required by the City to perform the duties described in the
job description for the Employee's class as well as any other duties which the
Employee has the skills and qualifications to perform.
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4.4 Qualifications Statements
The qualifications statements in each job description establish minimum
requirements that must be met by an individual before consideration for
appointment or promotion to a position. Common alternative combinations of
education, training or experience are specified in the job description.
4.5 Job Titles
1. Official Job Titles: Each position shall have an official job title which is
specified in the classification plan and is used to identify each individual
position. The official job title shall be used to designate positions in all
budget estimates, payroll documents, and personnel records and reports.
2. Working Job Titles: For all purposes other than those described in
Subsection 1 above, any suitable working job title may be used.
3. Position Levels: The job titles are generally indicative of the work of the
position and of the level of its importance and responsibility. Where
Roman numerals or numbers are affixed at the end of a title to indicate
level within an occupation subseries, the higher numbers represent the
higher levels.
4.6 Review of Job Classifications and Job Classes
1. The City Manager shall provide for a systematic and periodic review of
classes of positions if the City Manager determines, in his or her sole
discretion, that duties, responsibilities, and authority have changed
substantially, or other conditions, including but not limited to an Employee
request for review, warrant such a review. The City Manager shall allow
the Union and Employees to provide input into such a review.
2. When an Employee, or the Union acting on the behalf of an Employee,
feels that the duties and responsibilities of his/her position are not
accurately reflected in the job description, the Employee or the Union will
provide a written request in writing to Human Resources to re-analyze the
job description.
3. The Union may appeal in writing the findings of the Manager of Human
Resources to the City Manager within ten (10) working days. The City
Manager will render a decision within thirty (30) working days.
4. The Union may request not more than three (3) studies of significant
substance under Subsection 2 above in any twelve (12) month period. No
more than one (1) request may be processed for the same class or class
series during the term of the Agreement.
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4.7 Wage Schedule
The pay plan shall include the schedule of pay ranges, consisting of minimum,
intermediate and maximum rates of pay for all positions. The development of the
pay plan shall be directly linked with the classification plan and shall be based on
the principle of equal pay for equal work. The City Administration shall be
responsible for developing the pay plan and pay schedule.
a. Wage schedules are posted in Appendix B.
ARTICLE 5
PERSONNEL ACTIONS
5.1 Personnel Actions
The City shall have the sole and exclusive right to make appointments, including
but not limited to recruiting, examining, selecting, promoting, and transferring
Employees of its choosing and to determine the times and methods of such
actions. The City retains the right to fill any position from outside the bargaining
unit, although the City recognizes the benefits of selecting a qualified Employee
covered by this Agreement who has applied for a vacancy. All personnel actions
shall be documented.
5.2 Definitions
a) "Appointing authority" means the City Manager, except that the City Clerk
shall be the appointing authority for all positions in the City Clerk
Department.
b) "Department Head" means each of the following: the Finance Director, the
Manager of Engineering and Construction, the Manager of Electric Utility,
the Public Works Director, the Harbormaster, the Chief of Police, the Fire
Chief, the Director of Parks and Recreation, and the Librarian.
c) "Personnel officer" means the Director of the Personnel Department or
his/her designee.
d) "Exempt employee" means an employee whose position is classified under
the Fair Labor Standards Act (FLSA) as an executive, professional, or
administrative position. These positions are not subject to overtime
compensation.
e) "Regular employee" means an employee in a regular position, full-time or
part-time, who has successfully completed all probationary periods and is
not a temporary, seasonal, on-call, or emergency employee.
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f) "Regular position" means a position which is expected to exist for more
than nine (9) months.
g)-
hours per week.
h)-time employee" means an employee who regularly works less than
40 hours per week.
i) "Probationary employee" means an employee who has not yet completed
the probationary period imposed (reference the article not the code).
5.3 Job Announcements
1. The City shall post all bargaining unit position job openings, whether newly
created or vacant, at mutually agreeable locations in each department for
a period of seven (7) calendar days prior to the expiration date for
submission of applications. The posting timeframe may be shortened
when required by circumstances beyond the City's control or where
necessary to ensure the continuity of City operations.
2. All qualified bargaining unit members who hold regular status and submit
an application for a posted vacancy will be considered for any job vacancy
covered by this Agreement along with any other applicants.
3. Qualified Employees covered by this Agreement who apply for any
vacancy shall be granted an interview for the position. The City
acknowledges the value of current Employees and agrees to give
Employees who interview for a vacant position full and fair consideration.
5.4 Types of Appointments
1. Emergency Appointment: The appointing authority may authorize
emergency appointments not to exceed thirty (30) calendar days without
recourse to usual certification procedures. Such appointments shall be
made only in cases of an unforeseen emergency and when necessary to
prevent impairment to City services. Emergency appointments are not
entitled to any benefits.
2.On-call Appointment: Employees may be hired on an on-call basis upon
the recommendation of the Department Head and approval of the City
Manager. On-call appointments may be for an indefinite duration.
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3. Probationary Appointment: All appointments to positions in City service,
including new hires, rehires, demotions for disciplinary reasons, and
promotions shall be on a probationary basis.
4. Regular Appointment: A regular appointment occurs after an Employee
has satisfactorily completed a probationary appointment to the position.
5. Temporary Appointment/Seasonal Appointments:
a. Temporary appointments shall not exceed nine (9) consecutive
months. No temporary employee shall work more than nine (9)
months in a calendar year.
b. Seasonal Appointment: Seasonal appointments shall be made on a
seasonal basis with the expectation that the Employee will return to
their position consistent with the City's needs, although the hiring
will be temporary pursuant to Section 3.25.040(a). No Employee
shall have the absolute right to continue employment in any
particular position.
c. Employees hired on a temporary or seasonal basis with prior City
work status may be given preference for re-employment for the
same position on the recommendation of the Department Head and
approval of the City Manager. Job announcements for temporary or
season positions shall contain notice that persons with priority City
work status may be accorded preference for re-employment.
6. Term Appointments: The appointing authority, or a Department Head with
the approval of the City Manager, may appoint term employees. A term
employee is an employee in a position, full or part-time, that is designed
for a specified period of time of more than nine (9) months and less than
two (2) years for a specific purpose or project. A person hired for a term
appointment shall be hired under the same provisions and have the same
benefits as a regular employee, except that a term employee appointed to
a position of less than one year shall not accumulate annual leave or be
authorized military or education leave. However, annual leave shall be
credited retroactive to the date of term appointment if a term employee is
appointed as a regular employee without a break in service as an
Employee of the City.
7. Acting Appointment / Temporary Assignment:
a. An acting appointment is made when a qualified Employee may be
required to serve temporarily in a higher-level position.
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b. An acting appointment gives the Employee no advantage in
competition for regular filling of this position. However, time in an
acting appointment may be counted toward experience for the class
of position concerned at the discretion of the City Administration.
c. Employees filling an acting assignment shall not be asked or
allowed to do jobs or tasks that they are not adequately trained or
licensed to do. An Employee who obtains an acting appointment
shall not always be required to perform all the duties and
responsibilities assigned to the incumbent. The duties and
responsibilities that are assigned to the Employee who has
obtained the acting appointment shall be determined by the City
Administration.
d. When an Employee is temporarily assigned to a position with a
higher pay range for a period of at least three (3) consecutive days
but less than thirty (30) days, they shall be compensated above
their base rate by ten percent (10%). If an Employee's base rate is
the maximum of the pay range, they shall be compensated above
the maximum pay step by ten percent (10%). If the assignment is
for a period of thirty (30) calendar days or more, they shall be paid
at the first step of the higher pay range or they shall be given a ten
percent (10%) increase as provided in the preceding sentence,
whichever is higher, for the full period worked in the temporary
assignment. An Employee who is temporarily assigned to a position
with a lower pay range for any period shall not receive a reduction
in pay. An Employee acting in an exempt position will still receive
their hourly rate plus ten percent (10%) and will be paid for
overtime at time and a half.
5.5 Promotion
A promotion is the filling of a vacancy by the advancement of an Employee from
a position having a lower pay range. Promotions shall be based upon
qualifications. All promotions shall be advertised for seven (7) days to all City
Employees. All qualified City Employees shall be allowed to apply and complete
the interview process before the position is posted to the public.
5.6 Transfers
1. A transfer is the lateral movement from one bargaining unit position to
another position in the same or a parallel class in the same pay range
without any break in service. The transfer may be within a department, or
from one department to another. An Employee must meet the minimum
qualifications for the position the Employee transfers to.
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2. Voluntary Employee Requested Transfer: An Employee may request a
transfer within or between departments by submitting the request in writing
to the City Administrators. The request must include a current job
application providing evidence of qualification for the requested position.
Upon approval of the City Administration, or designee, and before
completion of any transfer, the Employee shall be notified in writing of any
change in status, including pay step, anniversary date, length of service,
and requirement for serving a probationary period.
3. Reasonable Accommodation: A transfer may be offered to a qualified
Employee with a disability under the Americans with Disabilities Act.
Failure to accept an offered transfer in this situation may result in
administrative separation if the Employee is unable to perform the
essential functions of his/her current position without accommodation and
if the Employer can demonstrate that an accommodation would impose an
undue hardship.
ARTICLE 6
PROBATIONARY PERIODS
6.1 Newly Hired Positions
1. The probationary period for full time positions is one hundred and eighty
(180) calendar days.
2. The probationary period for part-time positions is five hundred and twenty
(520) hours of consecutive service.
3. Probationary appointments entitle a newly-hired Employee to the same
benefits available to an Employee who has obtained a regular
appointment, subject to the conditions of the benefit plans, and unless
otherwise specified in this Agreement.
4. The Employee shall acquire regular status on the first working day
following completion of the probationary period, unless action is taken to
separate the Employee or to extend the probationary period in writing prior
to the end of the probationary appointment. The probationary period may
be extended for a period of time not to exceed three (3) months. Such an
extension does not affect or change the initial hire anniversary date with
the City for the Employee.
5. Sworn officers of the police department. Sworn officers of the police
department are required to serve the probationary period established by
the Alaska Police Standards Council in addition to the probationary period
established by the city. These periods shall run simultaneously.
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6.2 Probationary Period after Promotion
1. Regular Employees who are promoted shall serve a new probationary
period of six (6) months in the new position. An Employee who holds
regular status in any position and who subsequently accepts a promotion
to a new position retains return rights to return to the last position in which
Employee held regular status if a vacancy exists. The Employee may
exercise these rights voluntarily at any time prior to completion of
probation in the new position or upon notification that Employee has failed
to satisfactorily complete probation in the new position. Return rights do
not apply to an Employee disciplined for just cause.
2. Unless the continuity of City services is at risk as identified in Subsection
1, the promoted Employee's previous position will not be filled for fourteen
(14) days in order for the newly-promoted Employee and the City to
determine if the promotion is a proper fit. Either the Employee or the City
can invoke return rights to the Employee's previous position during this
time for any reason or no reason.
3. A promoted Employee who returns to a previous position, regardless of
the reason, will be returned to the range and step the Employee held prior
to promotion.
4. Employees who promote or transfer out of the bargaining unit have no
rights to return to their former bargaining unit position.
5. Promotional probationary employee means an employee who has not
successfully completed a probationary period.
6.3 Probationary Period after Demotion
When a Regular Employee is demoted for a non-disciplinary reason to a position
in a job classification where the Employee had previously completed a
probationary period, no probationary period shall be served. When a regular
Employee demotes into a position that the Employee has not previously held
regular status, the Employee shall be placed on a six (6) month probationary
period.
6.4 Discipline or Separation During Probationary Period
At any time during the probationary period, a newly hired Employee serves "at
will" and may be disciplined or discharged for any reason or no reason. Just
cause is not required for any form of discipline or separation during the
probationary period under these circumstances.
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ARTICLE 7
PERFORMANCE EVALUATIONS & PERSONNEL FILES
7.1 Performance Evaluations
The primary purpose of the Employee performance evaluation program is to
inform Employees how well they are performing and to offer constructive criticism
on how they can improve their work performance. Performance evaluation shall
also be considered in decisions affecting salary advancement, promotions,
reassignments, dismissal, and training needs.
7.2 Periods of Evaluations
1. End of Probationary Period: Each Employee shall be evaluated
approximately ten (10) days prior to the completion of his or her
probationary period.
2. Annual: Each Employee shall receive an annual performance evaluation
on or near his or her anniversary date of their current position.
3. Special: A special performance evaluation may be completed when there
is a significant change either upward or downward in the Employee's
performance.
7.3 The Evaluation Process
1. Rating Officer: The rating officer shall be the Employee's immediate
supervisor. The rating officer shall be responsible for completing a
performance evaluation on the form provided and approved by the City. In
the case of unsatisfactory performance, the rating officer will include
written comments as to the remedial actions required by the Employee.
The completed evaluation shall be discussed with the Employee, and the
Employee will be allowed to add comments if desired. After the discussion
is completed, both the rating officer and the Employee shall sign the
completed evaluation form.
2. Reviewing Officer: The reviewing officer shall be the rating officer's
immediate supervisor. The reviewing officer shall review the performance
evaluation completed by each rating officer under their jurisdiction before
the report is discussed with the Employee. The reviewing officer shall
consider the performance evaluation completed by the rating officer when
evaluating the rating officer's performance.
3. The Employee shall be allowed five (5) calendar days to prepare written
comments which will become part of the evaluation. No further comments
or changes may be made on the form by management after it has been
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submitted to the Employee for final signature. The original performance
evaluation shall be filed in the Employee's personnel file with a copy of the
final document provided to the Employee.
4. Employees who receive an overall rating of "unsatisfactory" on their
annual evaluation shall not be eligible to receive a step increase. Any
unsatisfactory performance evaluation will require review and concurrence
by the City Manager.
5. When an annual evaluation is not completed and discussed with the
Employee within thirty (30) days following the Employee's anniversary
date in a position, it is assumed the Employee is meeting performance
expectations, unless shown otherwise by substantial evidence.
7.4 Personnel Files
1. The City shall maintain a confidential personnel file for each Employee in
the Human Resources office. No confidential or protected information will
be maintained by any individual City department unless specifically
identified within this Agreement or required by law.
2. An Employee shall have access to their personnel file in a reasonable
period of time following notice to the Human Resources office. Employees
shall also be provided a copy of the Employee's personnel file, or any
parts thereof, within a reasonable period of time following the Employee's
request for a copy.
3. The Union, or any other third party, shall have access to an Employee's
personnel file only upon written authorization by the Employee specifying
what files or documents the Union or third party may review.
4. Nothing in this Section precludes the City from releasing an Employee's
personnel file as required by law or a court order.
ARTICLE 8
DISCIPLINE AND DISCHARGE
8.1 General Policy
1. All Employees shall be informed of standards of performance and
personal conduct of City Employees in various positions. All City
Employees shall have in their possession a copy of an up-to-date
personnel regulations manual.
2. All disciplinary actions shall be documented in writing and presented to the
Employee and placed in the Employee's personnel file. The letter shall be
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reviewed with the Employee and sincere efforts shall be made to obtain
agreement with the Employee that facts are stated correctly, that the
inappropriate or incorrect behavior did occur, that it represents behavior
that should be disciplined, that the discipline is appropriate and that the
behavior shall not be repeated. If agreed errors are found, the letter shall
be revised and again reviewed. Comments of the Employee shall be
entered under the appropriate heading.
8.2 Disciplinary Action Procedure
1. Regular Employees: The City shall notify SPEA Employees of meetings to
be held that may result in discipline in writing. The notification shall include
the purpose of the meeting, the date, time and place that the meeting will
be held, and that the Employee has the right to request Union
representation. Also, the notification will allow adequate time to arrange
for appropriate representation to be secured if the Employee so desires.
No regular (non-probationary) Employee shall be disciplined without just
cause. The City will follow the principle of progressive discipline at the
appropriate steps and as applicable. Progressive discipline steps may
include but are not limited to:
a. oral reprimand (memorialized in writing);
b. written reprimand;
c. suspension without pay;
d. demotion; or
e. dismissal.
2. Probationary Employees: At any time during the probationary period, a
new or rehired Employee may be disciplined or discharged for any reason
or no reason. Just cause is not required for any form of discipline or
separation during the probationary period.
3. Mitigating circumstances may be considered when evaluating a just cause
disciplinary situation, to include the Employee's past performance, length
of service, and existence of past discipline.
4. A Bargaining Unit Member will have the right to examine his or her
personnel files. Reasonable requests for copies of material contained in
personnel files will be honored. Upon written request to the City
Administration, disciplinary material may be removed after two (2) years.
In the event the requested material is not removed, the bargaining unit
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member will be informed of the reasons why and the conditions necessary
for its removal.
8.3 Right to Union Representative During Investigative Interview
Employees will be entitled to their Weingarten rights when answering questions
asked by their supervisor or by a City representative, when they believe their
response to the question(s) could lead to their being disciplined or terminated or
adversely affect their personal working conditions.
Employees shall be given twenty-four (24) working hours' notice of a disciplinary
interview, so they can arrange to have their Union representative present.
8.4 Just Cause
1. "Just cause" means that justification exists for a proposed disciplinary
action. "Just cause" includes, but is not limited to, the following:
a. Insubordination, including failure to comply with a supervisor's
instruction and work assignment;
b. Dishonesty, either verbally, in writing, or in action, including but not
limited to falsification of employment application or other City
documents and time sheets;
c. Violation of Section 3.70 of the Seward City Code standards
relating to drugs and alcohol,
d. Failure to comply with safety regulations;
e. Fighting or other disorderly conduct on City premises or while on
City business;
f. Stealing of or unauthorized use of City tools, equipment, or
property;
g. Recurring absenteeism, tardiness, or leaving the worksite early;
h. Conviction of a crime which damages the image or reputation of the
City or conviction of a crime which impairs or compromises the
Employee's credibility, eligibility, or fitness for work;
i. Inefficiency, including waste of working time or materials;
j. Failure to conduct oneself on duty in a cooperative manner;
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k. Exhibiting on duty conduct or behaviors which interfere with the
Employee's performance or the City's business, operations, or
image;
l. Willful violation of any personnel regulations;
m. Violations of applicable state or City laws and regulations
concerning ethics and conflicts of interest;
n. Any act or omission which had or will have a material adverse
effect on the business, operations, or financial condition of the City;
o. Harassment of other Employees or the public;
p. Loss of necessary license or required certification for the position.
q. Any other conduct identified in the Seward City Code as grounds
for discipline or dismissal from employment; or
r. Any other conduct commonly recognized by reasonable persons as
justification for discipline, including dismissal.
8.5 Garrity Rights for Licensed Personnel of Police Department
Upon a determination by the Police Chief, or designee, that immunity from
criminal prosecution is appropriate during an internal investigation, uniformed
personnel of the Police Department shall be accorded protections provided in
Garrity v. New Jersey, which requires, among other things, warnings concerning
right to counsel and use of statements made in the course of investigatory
interviews.
ARTICLE 9
GRIEVANCE AND ARBITRATION PROCEDURES
9.1 Definition of Grievance
A grievance is a dispute involving the interpretation, application, or alleged
violation of any provision of this Agreement. It is the mutual intent of both parties
to resolve any differences at the lowest level. All Employees shall be encouraged
to bring any disagreements to their immediate supervisor initially to resolve such
problems through informal and free communication before the formal grievance
procedure begins.
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9.2 Procedural Steps
1. All grievances presented at Step 2 of this Article and beyond shall set
forth: the facts giving rise to the grievance; the provision(s) of the
Agreement alleged to have been violated; the names of the aggrieved
Employee(s); and the remedy sought. All grievances at Step 2 and beyond
shall be signed and dated by the aggrieved Employee and/or Union
representative. All written answers submitted by the City shall be signed
and dated by the appropriate City representative.
2. Grievances involving a disciplinary suspension, or a termination of
employment, must be entered into the formal grievance procedure at the
Step 2 level.
a. Step 1: The aggrieved Employee or group of Employees shall
present the grievance orally to the immediate supervisor within ten
(10) working days of its occurrence, not including the day of the
occurrence. Pre-grievance discussion will not extend the ten (10)
day period. The supervisor shall give an oral reply within five (5)
working days of the date of presentation of the grievance, not
including the date of presentation.
b. Step 2: Written Grievance to Department Head. The Employee,
through the Union, no later than fifteen (15) working days after the
event giving rise to the grievance, or fifteen (15) working days after
the Employee or Union should reasonably have learned of the
event giving rise to the grievance, whichever is later, must submit a
written grievance to the Department Head. The Department Head
shall give Employee written answer to the grievance within fifteen
(15) working days after receipt of the grievance.
c. Step 3: Written Appeal to the City Administration. A grievance
appealing a dismissal of a grievance, or a grievance not settled at
Step 2 shall be filed at Step 3. The Employee, through the Union,
no later than fifteen (15) working days after a dismissal or the
receipt of the Department Head's written answer at Step 2 may file
a written appeal of that answer to the City Administration. No later
than fifteen (15) working days after receipt of the written appeal, the
City Administration, or designee, shall meet with the Employee and
the Union representative. The City Administration, or designee,
shall give Employee written answer to the grievance within fifteen
(15) working days after such meeting, which answer shall be final
and binding on the Employee, the Union, and the City, unless it is
timely appealed to arbitration by the Union in accordance with the
procedures set forth in Section 9.5 of this Article.
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d. Step 4: Appeal to Arbitration per Section 9.5.
9.3 Time Limitations
1. If the grievance procedures are not initiated within the established time
limits, the Employee shall be considered as having waived his/her right to
grieve the particular violation or complaint.
2. Any grievance not taken to the next step of the grievance procedure within
the established time limits shall be considered settled based on the last
reply made.
3. If the City fails to meet or answer any grievance within the established
time limits, such grievance shall automatically advance to the next step.
4. If the grievance hearing before the appeal board under Step 4 of the
grievance procedure is not held within ninety (90) days from the date of
the hearing request, the grievance shall be considered abandoned and the
matter shall end, except if failure to hold the hearing is caused by the
City's refusal to meet at any time during that period, it shall be deemed
that the City has considered the grievance to be in favor of the grievant
and shall resolve the matter accordingly.
5. The time limitations set forth in this Article are of the essence of this
Agreement. No grievance shall be valid unless it is submitted or appealed
within the time limits set forth in this Article. If the grievance is not timely
submitted at Step 1 or Step 2, it shall be deemed waived. If the grievance
is not timely appealed to Step 2 or beyond, it shall be deemed to have
been settled in accordance with the City's Step 2 answer. If the City fails
without reasonable cause to request an extension or otherwise
communicate with the aggrieved party within the time limits or in the
manner set forth in this Article, the Union shall be granted the remedy
requested. Any default remedy cannot be used as precedent against the
City if a similar situation arises in the future.
9.4 Extension of Time Limits
The established time limits may be extended by mutual consent of the parties
involved. Likewise, any step in the grievance procedure may be eliminated by
mutual consent. Mutual consent shall be indicated in writing and shall be signed
by all parties.
9.5 Appeal to Arbitration
Any grievance, as defined in Section 9.1 of this Article, that has been properly
and timely processed through the grievance procedure set forth in Sections 9.2
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through 9.4 of this Article and that has not been settled at the conclusion thereof,
may be appealed to arbitration by the Union by serving the City with written
notice of its intent to appeal. The failure to appeal a grievance to arbitration in
accordance with Section 9.6 within fifteen (15) working days after receipt of the
written answer of the City at Step 3 of the grievance procedure set forth in
Section 9.2 of this Article shall constitute a waiver of the Union's right to appeal to
arbitration, and the written answer of the City at Step 3 of the grievance
procedure shall be final and binding on the aggrieved Employee, the City, and
the Union.
9.6 Selection of Arbitrator
Unless otherwise agreed, no later than fifteen (15) working days after the Union
serves the City with written notice of intent to appeal a grievance to arbitration,
the City and the Union shall jointly request the Federal Mediation and
Conciliation Service (FMCS) to furnish to the City and the Union a list of seven
(7) qualified and impartial arbitrators. After receipt of that list, the City and the
Union shall alternatingly strike names from the list until only one (1) name
remains (the order of striking to be determined by the toss of a coin flipped by the
Union Representative and called by the City). The arbitrator whose name
remains shall hear the grievance
9.7 Arbitrator's Jurisdiction
The jurisdiction and authority of the arbitrator and his or her opinion and award
shall be confined exclusively to the interpretation and/or application of the
express provision(s) of this Agreement at issue between the Union and the City.
The arbitrator shall have no authority to add to, detract from, alter, amend, or
modify any provision of this Agreement. The arbitrator shall not hear or decide
more than one (1) grievance without the consent of the City. The written award of
the arbitrator of any grievance adjudicated within his or her jurisdiction and
authority shall be final and binding on the aggrieved Employee, the Union, and
the City.
9.8 Fees and Expenses of Arbitration
The losing party as determined by the arbitrator shall bear the fee of the
arbitrator; if, in the opinion of the arbitrator, neither party can be considered the
losing party, then such fees should be apportioned as determined by the
arbitrator.
9.9 Extension of Time Frames
Time frames for the grievance/arbitration process may be extended only by
mutual agreement of the Union and the City.
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9.10 Delivery of Grievances and Responses
1. When a written grievance or response is delivered by mail, it shall be sent
return receipt requested to the respondent or to the person filing the
grievance. When a written grievance or response is hand-delivered, the
respondent or the person filing the grievance shall acknowledge receipt in
writing of the grievance or response. When a written grievance or
response is delivered by electronic communication, a hard copy shall be
delivered by mail. Copies of all written responses to grievances at any
step shall be sent to the APEA/AFT Field Office in Anchorage.
2. For the purposes of the time frames in this Article, a grievance or
response delivered by mail or electronic communication shall be
considered submitted on the date of mailing or date of electronic
communication, but the time for response or for filing the next step shall
not begin to run until the day after actual receipt. A hand-delivered
grievance or response shall be considered submitted on the date of
delivery, and the time for response or for filing the next step begins to run
on the day after that date. If the last day of a time period falls on a
Saturday, Sunday, or holiday, the period will be extended until the next
business day.
9.11 Sole and Exclusive Nature of Grievance Procedure
The grievance procedures of this Agreement are the sole and exclusive remedies
of the Employees of the City of Seward alleging violations of this Agreement
and/or any disciplinary actions or complaints.
ARTICLE 10
SEPARATION/SENIORITY/LAYOFF
10.1 Actions That Constitute Separation from City Service
An Employee shall be separated from City service upon the occurrence of any of
the following, including but not limited to, resignation, medical separation,
retirement, dismissal for cause, release during probationary period, job
abandonment, or layoff.
10.2 Resignations
1. Notice of Resignation: An Employee who desires to resign in good standing
shall give at least fourteen (14) calendar days' written notice to their
immediate supervisor. Members of the Police and Fire Departments must
provide at least thirty (30) calendar days' advance written notice. The
period of notice may be reduced or waived by the City upon
recommendation of the Department Head. A notice of resignation shall
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become part of the personnel file. Employees who resign or are terminated
shall be paid in accordance with state and federal law.
2. Withdrawal of Resignation: An Employee may withdraw his or her
resignation prior to the effective date stated in the notice of resignation only
with the written approval of the Department Head and the City
Administration.
3. Failure to Give Adequate Notice: Failure to give adequate notice shall be
noted on the Employee's separation documents and shall constitute a
factor in consideration of any future application for employment with the
City.
4. Effective Date of Resignation: The effective date of resignation pursuant to
a notice of resignation shall be the last day on which the Employee works.
10.3 Medical Separation
An Employee who is unable to return to work following approved medical leave,
with or without pay, shall be separated in good standing from City of Seward
employment. Depending on the type of injury or illness, and whether it happened
on or off the job, the Employee may be able to take part in either the Long-Term
Disability Program with the City of Seward health benefit plan or the Long-Term
Disability Plan under the retirement system. Employees are responsible to make
themselves aware of the particular requirements in both Long-Term Disability
plans and should contact the City if further information is required, beyond what
is provided in the plan documents.
10.4 Dismissal for Just Cause
1. The City Manager or Department Head, upon approval of the City
Manager, may dismiss a regular Employee for just cause, as stated in
Article 8, Section 8.4.
2. The appropriate steps of progressive discipline shall be followed.
10.5 Seniority
1. Seniority means the total length of service and continuous employment
with the Employer in positions covered by this Agreement. Employees
shall not accumulate seniority during their probationary period. After an
Employee has completed their probationary period and has been granted
regular status, their seniority shall be dated from the date of their
employment. Leave without pay shall not be used in the calculation of
seniority.
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2. The Seniority of an Employee shall terminate under any of the following
conditions:
a. When laid off for a period of twenty-four (24) consecutive months;
b. When an Employee resigns from employment with the Employer;
c. When an Employee is discharged for just cause; or
d. When an Employee who is temporarily laid off fails to return to work
within fourteen (14) calendar days after written notice by certified
mail to the Employee's last known address (or delivered to the
Employee personally) requesting such return and, if such Employee
fails to notify the City of the Employee's intention to return to work
within forty-eight (48) hours after receiving such notification or
arrange for a mutually agreeable return date.
3. When any layoffs are made within a department, it shall be pursuant SCC
3.55.010. Employee efficiency shall be the major factor in determining the
order in which Employees shall be released, and consideration shall then
be given to Employee's length of service with the City. Advisability of
reassigning Employees in higher classes to lower classes for which they
are qualified and laying off those in lower classes shall also be
considered. There will be no discrimination based on union membership or
lack thereof.
10.6 Layoffs
1. The decision to lay off Employees shall be made solely by the City and
shall not reflect discredit upon the services of the Employee.
2. Notice Requirements:
a. An Employee shall be given at least thirty (30) calendar days
advance notice of a layoff.
b. The Union shall be notified in writing of any proposed layoff
concurrently with the Employee. The Union and City agree to
discuss alternatives to the proposed layoff prior to the effective date
of the layoff and to negotiate the effects of any layoff if so
requested by the other party.
3. The City shall not lay off an Employee and reclassify their former position
with the intention of filling the position with a temporary hire.
4. Layoffs may occur for any of the following reasons:
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a. a reduction in force because of a shortage or reduction of work or
funds;
b. the abolition of a position;
c. change in departmental organization;
d. termination of a grant; or
e. any other legitimate business reason not inconsistent with the
terms of this Agreement.
5. A regular Employee may be offered a vacant position for which the
Employee is qualified in lieu of layoff. The Employee will be subject to the
same qualifications review as any new Employee to determine an
appropriate wage.
6. A regular Employee retains the right to be recalled to a vacant position in
the same or similar job class, in the same or different department that the
Employee previously was regularly employed, for one (1) year after the
layoff so long as the Employee has indicated that the Employee is
qualified and interested and available to return to work.
7. Regular or probationary Employees shall not be laid off while
casual/temporary Employees are in a position in the same department for
which the regular or probationary Employees meet the minimum
qualifications.
10.7 Dismissal Notice or Severance Pay
In the case where a regular Employee who has completed a probationary period
is laid off or dismissed, the City shall give the Employee thirty (30) days' notice or
severance pay not to exceed four (4) weeks.
10.8 Separation Paperwork
On or before the Employee's last day of work, the Employee shall complete all
separation paperwork and return all City property as required by the City.
ARTICLE 11
PAY AND PAYROLL
The pay plan shall include the schedule of pay ranges, consisting of minimum,
intermediate and maximum rates of pay for all positions. The development of the pay
plan shall be directly linked with the classification plan and shall be based on the
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principle of equal pay for equal work. The City Administration shall be responsible for
developing the pay plan and pay schedule.
11.1 Wage Schedule and Pay Rates
1. Wage schedules are posted in Appendix B.
2. The 2018-2019 Salary Schedule shall be the basis for bargaining unit pay.
The Salary Schedule for the first year of the Collective Bargaining
Agreement shall include the 2.1% Cost of Living Adjustment (COLA),
previously approved by Seward City Council. The Salary Schedule for the
2nd and the 3rd years of the Collective Bargaining Agreement shall
increase by the same percentage as the City Council may authorize as a
cost of living adjustment for Title 3 employees if the wage, classification
and leave study is not completed. Upon completion of the wage,
classification and leave study, this provision shall be subject to re-opening.
3. Regular rate of pay means the hourly rate of pay actually paid an
Employee for normal, non-overtime work week for which he/she is
employed.
11.2 Starting Rate on Initial Employment
All newly hired Employee's shall begin at Step A within the stated range for their
position, unless a higher Step is approved, in advance of the offer, by the Human
Resources Administration, the Department Administration and the City
Administration using a City approved wage matrix. Before a higher step may
even be considered, the applicant must demonstrate experience and/or
education beyond the minimum required for the position as specified in the
position description.
11.3 Rate of Pay on Promotion
When an Employee is promoted from one position to another having a higher pay
range, the Employee shall receive an increase of not less than one pay step. If
the Employee's current rate of pay is below the minimum rate of the new position,
the pay shall be increased to the minimum step of the new position. If the
Employee's current rate of pay falls within the range of the new position, the pay
shall be adjusted to the next higher pay step in the range for the new position
which is at least equal to one step increase above his/her current pay rate.
11.4 Rate of Pay for a Reclassification of a Position
In any case where a position is reclassified, the pay step of the Employee
occupying the position shall be that step in the new range which will provide the
Employee with initial compensation at least equal to the step held in the old
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range. Anniversary date remains unchanged and no additional probationary
period shall be required beyond that required of the position that is reclassified if
the essential functions are the same between the old and new classification. In
the event the reclassification results in a pay decrease, the Employee's rate of
pay shall be frozen.
11.5 Upward or Downward Range Change of a Job Class
In the case of a proposed increase or decrease in the pay range for a class of
positions, the parties agree to meet and negotiate the appropriate range
placements.
11.6 Promotion Following Demotion in Lieu of Layoff
If within one (1) year following a demotion in lieu of layoff, an Employee is
reassigned back to a position in the former job classification the Employee was in
at the time of Layoff, the Employee shall be placed at the same range and step
the Employee was paid at prior to the demotion in lieu of layoff.
11.7 Transfers
When an Employee is assigned to a new position in the same class for which the
Employee is qualified, the Employee shall be transferred at the step the
Employee was receiving, and no probationary period shall be served. The
Employee's anniversary date shall remain the same as in the former position.
11.8 Demotion
When an Employee is demoted, the Employee's pay step shall be that step which
is determined by the Department Head and approved in advance by the City
Administration.
11.9 Completion of Probation
Upon satisfactory completion of the probationary period after initial appointment,
the entrance salary of the Employee shall be advanced one step. An Employee
will not receive a probationary increase if the Employee was hired at Step B or
above initially.
11.10 Annual Step Increase
1. Employees who receive a performance evaluation of average or good to
excellent shall receive an annual step increase if budgeted by Seward City
Council.
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2. A new Employee, after serving a six-month probationary period of
satisfactory performance, shall receive a step increase. An Employee who
has transferred to a new position and who must serve a promotional
probationary period shall receive a probationary step increase upon
successful completion of the promotional probationary period. A
probationary step increase is a special, one time only, step increase. For
an Employee to receive further step increases up to step J, he/she must
continue to demonstrate satisfactory service of a progressively greater
value. Step increases are not automatically based upon longevity and are
awarded only where the Department Head feels the Employee has
demonstrated service of a progressively greater value, progressively
greater responsibility, and performed beyond what normally would be
expected for the City during the past year. Satisfactory performance alone
shall not be grounds for a step increase.
3. Anniversary date is the date that an Employee assumes regular status
after the successful completion of a probationary period. This date does
not change regardless of other personnel transactions, promotions,
demotions or transfer that may occur during the course of an Employee's
service with the City, except for a period of leave without pay as outlined
in 3.01.035 (a).
11.11 Acting Appointments
When any Employee is temporarily assigned to a position with a higher pay
range for a period of at least three (3) consecutive days but less than thirty (30)
days, he/she shall be compensated above his/her base rate by ten percent
(10%). If an Employee's base rate is the maximum of the pay range, he/she shall
be compensated above the maximum pay step by ten percent (10%). If the
assignment is for a period of thirty (30) calendar days or more, he/she shall be
paid at the first step of the higher pay range or he/she shall be given a ten
percent (10%) increase as provided in the preceding sentence, whichever is
higher, for the full period worked in the temporary assignment. An Employee who
is temporarily assigned to a position with a lower pay range for any period shall
not receive a reduction in pay. An Employee acting in an exempt position will still
receive his or her hourly rate plus ten percent (10%) and will be paid for overtime
at time and a half.
11.12 Field Training/School Resource Officer
Police Officers assigned Field Training Officer (FTO) and School Resource
Officer (SRO) duties shall receive a pay differential of two and one-half percent
(2.5%) for each hour so worked as an FTO or SRO. Individuals lacking
documentation of attendance at a formalized FTO training program are not
eligible for FTO pay.
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11.13 Overtime
1. All overtime work by a non-exempt Employee must have the prior written
approval of the Department Head. The Department Head shall review the
record and certify overtime approved for payment.
2. Non-exempt Employees shall be paid at one and one-half (1.5) times their
regular rate of pay for all hours actually worked in excess of their regularly
scheduled shift or forty (40) hour consecutive hours without having at least
one day off.
11.14 Call-Out Pay
Employees shall receive overtime pay if their normal shift has been completed
and after returning home they are "called out" to perform additional work by their
supervisor or if the Employee's supervisor requires the Employee to report before
Employee's normal shift is scheduled to begin. This "call out pay" shall have a
two (2) hour minimum.
Supervisors called off duty for questions from subordinates shall be paid in 15-
minute increments of overtime.
11.15 Stand-By Pay
Only Department Heads are authorized to create a stand-by schedule.
Employees that are placed on a schedule and must remain available for work
after regular scheduled hours shall be designated as Stand-By and receive one
(1) hour of overtime at his or her regular rate of pay with a two (2) hour minimum
for a call-out. Employees receiving stand-by pay must answer any incoming calls
and be able to respond within thirty (30) minutes of the call being placed.
11.16 Stand-By Pay for Police Officers
An Officer will be placed on a schedule and designated as on call, subject to
Stand-By Pay 11.15, on Fridays and Saturdays nights when only one officer is
assigned to work a shift.
11.17 Shift Differential
Shift differential compensation applies to all Employees of those departments
which schedule work twenty-four (24) hours per day who are not exempt from the
overtime requirements of the Federal Fair Labor Standards Act on the following
bases:
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a. Swing shift: The Employee who is assigned to swing shifts shall
receive two and one-half percent (2.5%) additional pay to his/her
current salary for the period he/she serves on swing shift.
b. Graveyard shift: The Employee who is assigned to graveyard shifts
shall receive five percent (5%) additional pay to his/her current
salary for the period he/she serves on graveyard shift.
11.18 Payroll and Pay Periods
1. Nothing in this Agreement shall prohibit retroactive pay approved by the
City Council or required because of administrative oversight or error as
determined by the City Administration. Personnel action implementing any
change in status or pay shall be effective upon approval of the City
Administration provided such changes are received by the Payroll Office
at least ten (10) working days prior to the effective date.
2. The payroll period shall consist of the period from midnight Saturday to
the following midnight Saturday.. The standard work day shall be midnight
to midnight.
3. Each Employee is responsible for a true and accurate reporting of actual
hours worked.
a. Department Heads, or designee, shall be responsible for providing
the information needed to correctly process the payroll.
4. Break in service is defined as at least one (1) entire pay period off.
ARTICLE 12
HOURS OF WORK
12.1 Hours of Work and Scheduling
1. Regular Hours of Work and Shifts: Regular working hours of City
Employees shall consist of a five (5) day week, eight (8) hours a day, forty
(40) hours a week. The standard work week shall consist of the period
from midnight Saturday to the following midnight Saturday. The standard
workday shall consist of the period between midnight and midnight.
2. Modified Schedule: Upon request and with approval of the Department
Head, an Employee may work a designated schedule period (e.g. 7:00
a.m. to 6:00 p.m.) during which Employees may select an eight (8) or ten
(10) or twelve (12) hour work period, with the approval of their Department
Head.
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3. Department Heads may, with at least two (2) weeks advance written
notice to affected Employees, revise the schedule from an eight (8) hour
workday to a ten (10) hour workday or the reverse. Employees shall also
have the right to request their schedule be changed from an eight (8) hour
workday to a ten (10) hour workday or the reverse. Approval of such a
request is at the discretion of the Department Head, but shall be
accommodated whenever it will not adversely affect the needs of the
Department.
4. Employees of the Police Department work a varied shift totaling forty (40)
hours or more weekly.
5. An Employee's work schedule shall normally provide two (2) consecutive
days off, unless an emergency situation arises.
6. Nothing in this Agreement precludes Employees from requesting different
work hours or a different shift than that designated by the Employee's
Department Head. With the approval of the Department Head, flexible
work hours may be implemented on a departmental basis to
accommodate Employees. The City will endeavor to work with Employees
and grant their requests based on seniority and when operational
requirements allow.
12.2 Temporary Schedules
Department Heads may implement temporary shifting of Employees' working
hours to meet routine needs. Changes of more than thirty (30) minutes may not
be approved without a minimum of one (1) week's advance notice to the affected
Employees. Nothing in this paragraph precludes temporary changes in Employee
working hours in an emergency situation. If the essential functions of a position
include emergency response during non-scheduled hours, refusal to work an
alternate schedule or extra hours in an emergency situation without cause could
result in discipline, up to and including dismissal.
12.3 Lunch/Break Period
1. Department Heads shall authorize either a one (1) hour or a half (1/2) hour
unpaid lunch period to meet operational staffing requirements. Such
periods will normally be taken at mid-shift. Employees who are not
authorized a specific unpaid lunch period under this Section will be
allowed to take lunch when work permits. If, at the City's direction, the
Employee works through lunch, the Employee shall be paid for such time.
2. Employees may work straight shifts with no lunch break if approved by the
Department Head. Straight shifts will be considered a Modified Schedule
and subjected to the terms of Subsection 12.1.2. A straight shift or
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"working through lunch" is not available on an ad-hoc basis to allow an
Employee to "make up time" if he/she is unable to work the regularly
scheduled shift for the day.
3. All Bargaining Unit Members are allowed one (1) relief period not to
exceed fifteen (15) minutes during the first half of the shift and one (1)
relief period not to exceed fifteen (15) minutes during the second half of
the shift. Breaks shall not be scheduled to extend the meal break, unless
by mutual agreement. The relief period shall be taken in a manner which
does not interrupt the flow of work.
4. Police Officers and other first responders get a paid lunch under FLSA
because they are required to respond to calls.
12.4 Changes of Permanent Schedules
All changes to permanent working schedules shall provide those Employees
affected at least fourteen (14) calendar days' notice of any such change, except
in unforeseen emergency situations or when the Employees waive the need for
notice, or they will be paid at time and one-half (1.5) the Employee's regular rate
of pay for hours worked during the notice period.
ARTICLE 13
HOLIDAYS
13.1. Recognized Holidays with Pay
Except for Firefighters, the following days will be recognized as holidays with pay
for all Employees in full and part-time positions.
Veterans Day
Thanksgiving Day
Day after Thanksgiving Day
Memorial Day One-half working Christmas Eve Day
Independence Day Christmas Day
Labor Day
Alaska Day
and such other days as may be proclaimed by the Mayor, Governor, or
President.
13.2 Holiday Falling on a Regular Day Off
When a recognized holiday falls on a Saturday, the preceding Friday shall be
recognized as the holiday. When a recognized holiday falls on a Sunday, the
Monday following shall be recognized as the holiday. When a full-time
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Employee's regularly scheduled time off falls on a recognized holiday, the City
Administration shall allow, if scheduling permits, that Employee to take another
day off during the pay period as the Employee's recognized holiday. In such a
case, the Employee's timesheet will reflect the holiday on the alternate date, with
all other compensable time recorded as per the Employee's normal Schedule.
If the Employee is unable to take the time off, the Employee shall be
compensated with regular pay equivalent to the number of hours in an
Employee's regular shift in lieu of the holiday. The hours will be recorded on the
Employee's timesheet on the date of the recognized holiday. This payment is in
addition to and does not impact pay (wages) for hours actually worked during the
pay period, whether hours actually worked include a recognized holiday (Section
13.1) or regularly scheduled workdays. This may result in holiday hours entered
for a normal day off with no compensable time or holiday hours recorded in
addition to actual hours worked on the date of the recognized holiday.
13.3 Computation of Holiday Pay
1. Full-Time Employees: Full-time employees shall receive their regular
straight time rate of pay for recognized holidays.
2. Part-Time Employees: Part-time employees shall receive pay for
recognized holidays based on their position's percentage of a full-time
position.
a. The number of hours included in holiday pay is equal to the number
of hours in an Employee's regular shift.
3. Holiday during Paid Time Off: A recognized holiday occurring during an
Employee's PTO leave shall not be counted as a day of PTO leave.
13.4 Forfeiture of Holiday Pay
Employees shall forfeit their right to payment for any holiday if they are on leave
without pay (to include injury, military, or other non-compensable leave status) or
have an unexcused absence on the Employee's last regularly-scheduled
workday before such holiday or on the Employee's next regularly-scheduled
workday following such holiday
ARTICLE 14
PAID TIME OFF/LEAVE
14.1 Paid Time Off ("PTO")
1. Personal leave shall be used for any and all purposes for which sick
and/or annual leave has heretofore been used.
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2. Requests for Time Off.
a. Requests to take personal leave for other than illness or injury must
be requested in writing and require written approval. Leave
requests require the prior written approval of the supervisor before
any leave is taken. Employees in a probationary status are not
eligible to take personal leave (unless the request was approved
prior to hire or unless leave is requested due to illness or injury as
described in Subsection 3 below).
b. Employee requests shall be given full consideration and, to the
extent practicable, approved. However, the parties agree that the
final decision with regard to approval or disapproval of any request
shall be based on the supervisor's determination of operational
needs. The Supervisor shall respond to an Employee's request for
time off within fourteen (14) calendar days for leave requested thirty
(30) days in advance. In the event of multiple requests for the same
time-frame, the Department Head may consider the Employee's
seniority.
c. Personal leave may not be approved for Employees following
notice of intended resignation and Employees may not without
permission of the Department Head be kept on leave status to "run
out" their PTO balance prior to termination.
d. Personal leave must be pre-approved, and therefore, cannot be
used in lieu of tardiness or for a same-day request, except as noted
in Subsection 3 below.
3. Requests for Time Off Due to Illness and Injury.
a. When an Employee needs to use personal leave for illness or
injury, the Employee shall notify the supervisor not later than the
start of the Employee's scheduled shift of their expected absence.
b. When a member takes three (3) or more consecutive work days of
personal leave due to an illness or injury (not necessarily
consecutive calendar days), the supervisor shall require the
member to provide a physician's certificate stating the reason for
the absence.
14.2 Leave Accrual Rate
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1. All Regular Employees shall accrue leave in accordance with Title 3 and
based on continuous service with the City. This provision is subject to
reopening upon completion of the currently planned City wage study.
2. Timing of Use. Employees who are entitled to accrue annual leave upon
satisfactory completion of their initial probationary period shall receive
credit for annual leave accrued since date of appointment. Leave shall be
due and usable upon completion of probationary period.
3.Leave does accrue during periods of leave without pay.
14.3 Leave Anniversary Date
Changes in the leave accrual rate take effect on the first day of the pay period
immediately following the date on which the Employee completes the prescribed
period of service.
14.4 Maximum Accrual
Unused PTO may accumulate up to seven hundred and twenty (720) hours as of
December 31.
14.5 Payment of PTO upon Termination
Accrued PTO will be paid to Employees who voluntarily terminate based on the
wage rate at the date of termination. An Employee is vested upon completion of
probation.
14.6 PTO Leave Cash-Out
Employees with at least one (1) year of continuous service with the City may
cash out their leave provided they retain at least two hundred forty (240) hours in
the bank. The City Administration has the authority to defer a request for up to
thirty (30) days if there is a budget shortfall or cash flow problem or any other
legitimate business need arises. The Employee shall be notified in writing of the
reason for the deferral.
14.7 Donated Leave
Donation of leave to another Employee will be allowed in cases of serious,
unforeseen medical emergency circumstances and upon approval by the City
Administration. The value of the donated leave time will be computed at the
regular rate of pay of the donating Employee and converted into hours of equal
value based upon the regular rate of pay of the receiving Employee.
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14.8 Military Leave
Employees shall be entitled to military leave in accordance with state law,
including but not limited to AS 39.20.340, and federal law, including but not
limited to USERRA.
14.9 Worker's Compensation
1. An Employee injured in the line of duty shall be entitled to workers'
compensation pay from the City pursuant to SCC 3.80.010 and subject to
the terms therein.
2. If the City amends SCC 3.80.010 during the term of this contract, the
amended provisions shall apply to Employees under this contract to the
same extent as non-represented employees.
14.10 Jury Duty / Court Leave
1. Jury Duty shall be treated as administrative leave from the City. Services
in court when subpoenaed as a witness on behalf of the City, or when
called as an expert on a matter of City concern, or relating to a municipal
function, will be treated the same as jury duty. In order to be entitled to
jury duty leave, the Employee shall provide the Department Head with
written proof of the requirement of his/her presence for the hours claimed.
Fees paid by the court (other than travel and subsistence allowance) will
be turned in to the City, except the fees paid for court duty which occurs
on the Employee's normal non-work days may be retained by the
Employee. Witness service for the purpose other than just described will
be covered by annual leave or leave without pay and any fees received in
this connection may be retained by the Employee.
2. Employees serving on jury duty during their regular time off will be allowed
to flex the time to their regular work week or receive overtime pay at the
discretion of the Department Head.
14.11 Leave Without Pay
1. An Employee may receive up to three (3) months leave without pay if the
City Administration approves it after consultation with the affected
Department Head. Such leave shall only be granted after an Employee
has exhausted all paid time off. The granting of such leave is within the
sole discretion of the City Administration. It shall not be granted if the
Employee's absence will hamper provision of City services or operations.
2. There shall be no PTO accrual during any pay period for which the
Employee is claiming Leave without Pay under this Section.
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14.12 Family and/or Medical Leave of Absence
The City shall comply with the federal Family and Medical Leave Act (FMLA) and
the State of Alaska Family Leave Act (AFLA). FMLA and AFLA, when both are
applicable, run concurrently, and paid leave, when available, is charged during
periods of approved family leave until exhausted. During family leave, when the
Employee is receiving no pay from the City, the Employee is still responsible for
remitting the Employee portion of any benefit-related charges to maintain the
benefit.
14.13 Funeral Leave
Each full-time Employee shall be eligible for five (5) consecutive working days of
leave for each funeral of a member of the Employee's immediate family. Such
leave shall not be deducted from the Employee's PTO account.
14.14 Definition of "Immediate Family"
The definition of immediate family will be as provided for in the Family Medical
Leave Act.
ARTICLE 15
WORK RULES
15.1 Work Rules
The City shall have the right to establish and notify Employees of workplace
policies, procedures, and/or rules regarding any matter, and to require
Employees to abide by such policies, procedures, and/or rules, so long as such
policies, procedures, and/or rules are not inconsistent with any express provision
of this Agreement. An arbitrator shall have no authority to interpret, apply, add to,
detract from, alter, amend, or modify such policies, procedures, and/or rules.
15.2 Protection of Rights
An Employee shall not be required, in the performance of his or her duties, to
violate any federal, state, or local law. In performing his or her duties, an
Employee shall comply with all applicable federal, state, and local laws. Each
Employee is required to act with due care and regard for Employee's own safety
and that of fellow Employees and to respect the person and property of other
Employees and persons. The City agrees that it will not deduct the cost of lost,
missing, stolen, or damaged property belonging to the City from an Employee's
pay, provided the loss or damage was not willfully or negligently caused by or
through the actions of the Employee.
·
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15.3 Non-Discrimination
1. Employees shall not be discriminated against with respect to
compensation or terms or conditions of employment because of race,
national origin, color, age, creed, religion, sex, sexual orientation, gender
identity, political affiliation, marital status, ancestry, disability, or status as
a disabled veteran.
2. The Employer and Union agree to comply with all state, federal, and local
laws, rules, or regulations prohibiting discrimination against any person
with regard to all aspects of employment or membership. Anti
discrimination laws shall take precedence over the terms of this contract.
3. No Bargaining Unit Member shall be discriminated against for upholding
lawful union activities. Employees, who serve on an SPEA committee or
committees or serve as Employee Representative or as an officer of
SPEA, shall not lose his/her position or be discriminated against for these
reasons.
15.4 Employee Indemnification
The City shall indemnify Employees as required by law.
15.5 No Polygraph or Lie Detector
The City agrees that it will not require, request, suggest, or cause any Employee,
or applicants for employment, to submit to examination by a polygraph or other
kind of lie detector as defined by 29 U.S.C. 2001. No examination by polygraph
or other lie detector shall be used in any personnel decisions, including
discipline, discharge, or promotion. This does not prohibit legitimate polygraph
use in criminal proceedings or for law enforcement pre-employment screening
processes.
15.6 Outside Employment
No Employee shall be employed by or engage in work for an employer other than
the City, including but not limited to self-employment, during the Employee's work
hours. Nor shall any Employee be employed in a position that presents a conflict
of interest in regard to the Employee's duties to the City.
15.7 Unlawful Acts Prohibited
1. No Employee shall willfully, negligently, or corruptly make any false
statement, certificate, mark, rating, or report in regard to any test,
certification, or appointment held or made, or in any manner commit or
attempt to commit any fraud with respect to reports, paperwork, or other
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duties that are required of the Employee under this Agreement, City rules,
policies, or procedures, or federal, state, or local laws.
2. No person seeking appointment to, or promotion in, City service shall,
either directly or indirectly, give, promise, render, or pay any money,
service, or other valuable thing to any person for, or on account of, or in
connection with, his or her test, appointment, proposed appointment,
promotion, or proposed promotion.
3. No Employee of the City, examiner, or other person shall defeat, deceive,
or obstruct any person in his or her right to examinations, eligibility
certification, or appointment under these rules, or furnish to any person
any special or secret information for the purpose of affecting the rights or
prospects of any person with respect to employment in the City service.
4. Discrimination against any person in recruitment, examination,
appointment, training, promotion, retention, discipline, or any other
aspects of personnel administration because of political or religious
opinions or affiliations or because of race, color, creed, sex, sexual
orientation, gender identification, religion, national origin or ancestry, age,
or disability, except where physical requirements constitute a bona fide
occupational qualification necessary to proper and efficient administration,
is prohibited.
15.8 Gifts and Gratuities
1.It shall be the responsibility of each City Employee to remain free from
indebtedness or favors which would tend to create a conflict of interest
between personal and official interests or might reasonably be interpreted
as affecting impartiality of the individual Employee. If an Employee is
tendered or offered a gift or gratuity which would, in the eyes of the public
or public officials, be construed to be an attempt to bribe, influence, or
encourage special consideration with respect to municipal operations,
such offers shall be reported without delay to the Employee's immediate
supervisor who in turn will inform the Department Head.
2. If there should be any doubt whether a gift or gratuities is of such
significance as to create undue influence upon the Employee, the matter
shall be reported to the Department Head. If any Employee shall
knowingly accept any gift or gratuity which creates undue influence or
results in special consideration which benefits the giver, the Employee is
subject to progressive discipline, up to and including dismissal for just
cause.
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15.9 Employment of Relatives
No person may be employed in any position supervised by a family member,
provided this will not prevent continued employment with the City of persons who
are presently employed at the adoption hereof. Additionally, family member shall
not be placed in a position such that one member is required or authorized to
review the work, personnel documents, expense account, or time records of
another family member. For the purpose of this Section, a family member shall
be defined as follows:
a. spouse; parents; step-parents; brothers, sisters, and their spouses;
step- brothers, step-sisters, and their spouses; children and their
spouses; father-in-law; mother-in-law; sister-in-law; brother-in-law;
grandparents and their spouses; grandchildren and their spouses;
step-children and their spouses; grand-stepchildren and their
children; aunts; uncles; nieces; and nephews.
b. If two Employees marry or otherwise become related (as defined by
immediate family member), neither of the Employees will be
allowed to hold supervisory authority over the other one.
15.10 Political Activity
1. An Employee, who is elected as a member of the Seward City Council or
to a state or national elected political office, shall immediately resign from
City employment. In this Section, "elected" means the status of a
candidate upon certification of a local election or at the time the candidate
is sworn into a state or national office following an election.
2. An Employee who is a political candidate for any elected office shall not
conduct political activities during work time or on City owned property. Use
of City equipment to conduct any political or personal activities is strictly
prohibited.
ARTICLE 16
SAFETY
16.1 Safety Rules
1. Safety rules, policies and procedures of the City, which the City may
modify from time to time, are incorporated by reference and made part of
this Agreement. All Employees must at all times comply with such safety
rules, policies and procedures. Any Employee who is injured on the job
must make an immediate report to the Employee's supervisor, no matter
how slight the injury. Failure of an Employee to follow safety rules,
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including the immediate reporting of injuries, may result in discipline up to
and including dismissal through the progressive discipline process.
2. The City and Union are mutually committed to the reasonable efforts to
maintain safe and healthful working conditions for all Employees. It shall
not be a violation of this Agreement or grounds for discipline or dismissal if
an Employee, in good faith, refuses to work in/on what the Employee
reasonably believes to be unsafe conditions for his or her job which would
subject the Employee to serious injury or death. Whenever possible, an
Employee must first seek from the City a correction of the dangerous
condition. Employees shall not knowingly continue to work in what they
know to be a dangerous condition.
3. An Employee who notices an unsafe work condition is mandated to report
the unsafe condition to their immediate supervisor. The immediate
supervisor shall proceed to copy the City's designated OSHA Safety
Officer or Human Resources Administration.
16.2 Drug Testing
The City and Union agree that any drug and/or alcohol testing policy or
procedure adopted by the City Council or required by law shall be applicable to
the Employees covered by this Agreement. Failure of an Employee to comply
with such policy or procedure shall be grounds for discipline up to and including
dismissal.
16.3 Safety Devices and Uniforms
The City shall provide all devices, apparel or equipment necessary for an
Employee's safety in accordance with applicable laws. Additionally, the City shall
provide special tools, equipment, clothing and uniforms it deems necessary to
accomplish work assignments. All items provided to Employees in accordance
with this Section are the property of the City, may be used only for official work
purposes, and when practicable, shall remain in their place of employment at all
times that the property is not in use by the Employee and shall be returned in
good working order upon separation from City service.
ARTICLE 17
BENEFITS
17.1 Health Insurance
1. The City will provide all full-time Employees and their qualified dependents
a benefit package in accordance with Council approved policies. Full-time
Employees are those Employees who are normally scheduled to work
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thirty (30) or more hours a week. Employees are solely responsible for any
personal tax liability incurred for said benefits.
a. Employees in positions exposed to unique hazards or which exhibit
a proven risk for the development of certain illnesses will be
provided with medically-recommended immunizations or
preventative screenings.
2. The City shall pay to the health insurance program, in the manner as
determined by Council for all Employees. If the City wishes to increase the
employee health insurance cost share, the parties will renegotiate the
contribution amounts, if necessary.
17.2 Longevity Bonus
1. All regular Employees, after completion of one (1) year's services, equal to
two thousand and eighty (2,080) hours, shall be paid longevity pay at the
rate of one percent (1%) of his/her regular salary. Longevity pay shall be
paid once each year on the first pay day of December.
2. Any break in City employment longer than thirty (30) calendar days will
advance the eligibility date by the number of days in excess of thirty (30).
Time served as a temporary Employee shall not be included.
17.3 Retirement
The City has in effect a retirement plan with the Public Employees Retirement
System (PERS) for all eligible City Employees included in this Agreement.
17.4 Training/Professional Development
1. The City and Union agree that education and training may enhance an
Employee's job performance and prepare the Employee for career
advancement within the City. To that end, the City and Union encourage
Employees to take advantage of City-sponsored training and/or
professional development programs.
2. Department Heads shall provide active leadership in developing the
Employees under their supervision. In this capacity, they shall:
a. Cooperate closely with the city manager in determining the current
and future employee development needs in the department;
b. Participate with the city manager in developing and implementing
employee development programs
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c. Budget sufficient funds to secure needed career development
programs
d. Evaluate the effectiveness of completed career development
programs and make recommendations for improvement where
appropriate;
e. Assure that Employees are provided with sufficient time to
participate in career development programs.
ARTICLE 18
STRIKE/LOCKOUT/WORKSTOPPAGE/PICKET LINE
18.1 Strike/Lockout
The parties agree that there shall be no strikes, work stoppages, or lockouts
during the life of this Agreement.
18.2 Picket Lines
The parties agree that it shall be a violation of this Agreement and it shall be
cause for disciplinary action in the event an Employee refuses to go through or
work behind any picket line. The City specifically retains all of its rights under AS
23.40.200.
ARTICLE 19
GENERAL PROVISIONS
19.1 Duration
This Agreement shall become effective January 1, 2019 and shall continue in full
force and effect through midnight, December 31, 2022. Thereafter, it shall
automatically renew itself and continue in full force and effect from year to year
unless written notice of election to terminate or modify any provision of this
Agreement is given by one party not later than January 1st of any succeeding
year.
19.2 Severabililty
1. Violations: If any term or provision of this Agreement is, at any time during
the life of this Agreement, adjudged by a court or administrative body of
competent jurisdiction to be in conflict with any law, such term or provision
shall become invalid and unenforceable, but such invalidity or
unenforceability shall not impair or affect any other term or provision of
this Agreement.
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2. Replacement: If a determination or decision is made pursuant to
Subsection 1 of this Article that part of this Agreement is found to be in
violation of law, the parties to this Agreement shall convene for the
purpose of negotiating a satisfactory substitute for the invalidated article,
section or portion thereof.
3. Printing of the Agreement: The parties agree that a Union representative
and a person appointed by the City will meet and mutually agree on the
format, size, and specifications of the Agreement to be printed. The Union
shall print or be responsible for the printing of the Agreement. The parties
will designate the number of copies of the Agreement each desires and
each party will be responsible for the cost involved in printing that number
of copies.
19.3 Waiver of Bargaining Rights and Amendments to Agreement
During the negotiations resulting in this Agreement, the City and the Union each
had the unlimited right and opportunity to make demands and proposals with
respect to any subject matter as to which the Alaska Public Employment
Relations Act imposes an obligation to bargain. This Agreement contains the
entire understanding, undertaking, and agreement of the City and the Union,
after exercise of the right and opportunity referred to in the first sentence of this
Section, and finally determines all matters of collective bargaining for its term.
19.4 Changes to Agreement
This Agreement may be amended with the mutual consent of the parties.
Changes in this Agreement, whether by addition, deletion, amended or
modification, must be reduced to writing and extended by both the City and
Union in the form of a Letter of Agreement.
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SIGNATURE PAGE
For the City of Seward For the Seward Public Employees
Association, Local 6585
APEA/AFT
Will Earnhart, Chief Negotiator Anne Knight, APEA, Chief Negotiator
Jeff Bridges, City Administration
Kristin Erchinger, Finance Director Patrick Messmer, President
Kyle Campbell, Vice-President
Mike Kinney, Secretary/Treasurer
Nort Adelmann, Member/Negotiator
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