LABOR
AGREEMENT
Between
TOWN OF BRADLEY
Lincoln County Wisconsin
and
GENERAL TEAMSTERS UNION
LOCAL 662
Eau Claire, Wisconsin
For the Period
January 1, 2008 through December 31,
2009
THIS AGREEMENT made and entered
into by and between the TOWN of BRADLEY, Lincoln County, WISCONSIN,
hereinafter referred to as the "Employer," and the GENERAL TEAMSTERS
UNION, LOCAL NO. 662, affiliated with the INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, Eau Claire, Wisconsin, hereinafter referred to as the
"Union."
RECOGNITION, FAIR SHARE AGREEMENT
Section 1.
Recognition.
The Employer hereby recognizes the Union as the exclusive bargaining
representative for all regular full-time Public Works employees of the
Employer, excluding supervisory, managerial, clerical, part-time and all other
employees of the Employer.
Section 2. Fair
Share.
Membership in the Union is not compulsory.
An employee may join the Union and maintain membership therein
consistent with its Constitution and By-Laws.
The
Union will represent all of the employees in the bargaining unit, members and
non-members, fairly and equally and therefore, as a condition of employment all
bargaining unit employees will be required to pay their proportionate share of
the costs of the collective bargaining process and contract administration by
paying an amount to the Union as determined by the Union and in accordance with
applicable law.
Section 3.
Check-off. The Employer agrees to deduct the
amount of money certified by the Union as the amount uniformly required of its
members from the earnings of the employees affected by this Agreement on the
first pay period of the month and pay the amount so deducted to the Union on or
before the end of the month in which the deduction is made.
Section 4. Management Rights. The Union does hereby indemnify the
Employer, and its officers, board members and agents harmless against any and
all claims, demands, suits or other forms of liability, including court costs and
attorneys' fees, that shall arise out of or by reason of any action taken or
not taken by the Employer under this Article or in reliance on any list or
certificate which has been furnished to the Employer pursuant to this Article,
provided that the defense of any such claim, demand suit or other forms of
liability shall be under the exclusive control of the Union and its attorneys.
Nothing in this Section shall be interpreted to preclude the Employer
from participating in any legal proceedings through representatives of its own
choosing and at its own expense.
Furthermore the Union recognizes the Employer as the sole responsible
party for assigning work assignments, establishing reasonable rules and that
employees work where assigned and where needed.
The first three
hundred sixty-five (365) calendar days of employment shall be a
probationary period during which time the employee may be disciplined,
suspended, or discharged with or without cause or limitations under this
Agreement. In special cases, the Union may approve an extended probationary
period not to exceed an additional thirty (30) calendar days.
Upon the successful completion of the probationary period, the employee
shall be placed on the seniority list.
In case of discharge within the probationary period, the Employer shall
notify the Union.
Section 1. The Employer recognizes the
principal of seniority in accordance with the provisions of this Article.
Employees covered by this agreement shall have seniority in the bargaining unit
based on the employee's date of hire. No employee shall accrue seniority rights
until after the successful completion of the probationary period set forth in
Article 2.
Section 2.
Employees shall be laid off and recalled in the order of seniority
provided the remaining employees are fully qualified to perform the work. In the event the Employer reduces the work
force, any part-time employees in the same classification shall be laid off
first. All layoffs shall be preceded by
a two (2) week advance notice. Recall shall be in inverse order of seniority.
Section 3. The seniority of
an employee shall be considered terminated for the following reasons:
a. The employee resigns voluntarily.
b. The employee is discharged for just cause and such discharge is not set aside through the grievance procedure.
c. The employee is laid off for a period of twenty-four (24) months.
d. The laid-off employee fails to report for work within forty-eight (48) hours excluding Saturday or Sunday) after the date of delivery of a notice to return to work to the employee or leaving the notice at the employee's residence with a person of suitable age and discretion.
Section 4. Job
Postings. All
bargaining unit job openings, or newly created positions, shall be posted
at the Town Hall for a minimum of five (5) working days. Such postings shall state the position
to be filled, qualifications needed, and the date the position is to be
filled. Interested employees who have
successfully completed the probationary period shall communicate in writing to
the Employer their interest in the available position.
The employer recognizes the right of the Union to designate a job steward.
Section 1. A grievance shall be defined as any
dispute or disagreement that arises regarding the application, interpretation,
or enforcement of the conditions or terms of this agreement.
Section 2. Should any grievance arise between
the Employer and the employees of the respective bargaining unit, the Union and
the Employer agree to resolve such matters promptly in accordance with the following
grievance procedure:
a.)
All complaints and grievances shall be brought
to the attention of the road supervisor by the Union steward in writing
or verbally within three (3) days of the event giving rise to the occurrence of
the grievance or complaint, or within three (3) days of knowledge of the event
giving rise to the grievance or complaint.
The road supervisor and Union steward then shall meet, including the
employee(s) involved, within five (5) days to discuss and settle any
differences and resolve the grievance or complaint.
b.)
If the road supervisor and Union steward fail to resolve the
grievance or complaint at the above described meeting, then within seven (7)
days of the meeting in Step a.), the aggrieved party shall submit to the town
chairperson a written statement f the grievance, which shall specify in detail
those provisions of the Agreement which have been violated and the relief
sought. Upon receipt of such written statement of the grievance, the town
chairperson with the road supervisor shall meet with the Union steward and the
aggrieved party within five (5) days to discuss the grievance. The town
chairperson shall supply a written answer to the Union steward within five (5)
days.
c.)
If the answer in step b) is unsatisfactory the aggrieved party shall notify the
Town Board in writing within seven (7) days of the town chairperson's
answer. Then within seven (7) days of
the date the Town Board received the notification, the Town Board,
together with a designated representative
of the Union, shall meet to discuss the grievance. The Town Board shall supply a written answer within seven (7)
days of the meeting.
d.)
Should the parties fail to settle the grievance to their mutual satisfaction, either party may, within
five (5) days after receiving the answer in step c.) above,
request in writing final and binding arbitration. All time limits may be extended by mutual agreement.
e.) After the aggrieved party has
requested arbitration of its grievance, the parties shall request a list of
seven (7) arbitrators from the staff of the Wisconsin Employment Relations
Commission. The parties shall agree to an arbitrator from the list through a
process of elimination, one at a time by alternating cross-offs, until one (1)
arbitrator remains.
f.) The arbitrator shall have the power
to interpret and apply the provisions of this Agreement, but shall be without
power or authority to recommend any decision or remedy which requires the commission of an act prohibited by law or
which would violate, amend, modify, renew, or extend any terms and
conditions of this Agreement, and shall have no authority to decide any issues
not raised in the written grievance.
g.) The arbitrator's decision shall be
set forth in writing and shall delineate the arbitrator's findings of fact,
reasons, and conclusions regarding the grievance submitted. The decision shall
be final and binding upon both parties and the employee(s). The arbitrator shall retain authority over
any interpretation of the ruling.
h.) It shall be the obligation of both
parties concerned with the grievance to share equally any and all expenses
incurred for the retainment of the neutral arbitrator, exclusive of any legal
fees incurred by either party.
i.)
The time limitations set forth and relating to the time for
filing a grievance and the demand for arbitration shall be mandatory. Failing to follow said time limitations
shall result in the grievance being permanently barred, waived, and forfeited, and
shall not be submitted to arbitration. The time limitations provided herein may
be extended upon mutual written agreement of both parties. Timeliness
challenges are subject to arbitration.
Section 1. The Employer shall not suspend or
discharge an employee without just cause. A written notice of any suspension
or discharge shall be given to the employee within twenty-four (24) hours and a
copy thereof shall be sent to the Union. Any appeal from suspension or
discharge is subject to the provisions of Article 5.
Section 2. The normal procedure for discipline
shall include the following depending on the severity of the incident:
(a) oral
reprimand
(b) written
warning
(c) suspension
(d) discharge
Section 3. The following
rules shall apply to the disciplinary process:
1.
All
employees are required to be on their jobs at the commencement of their regular
schedule of hours and shall stay on their jobs until the end of their day.
2.
Employees
shall make a reasonable attempt to notify their supervisor before commencement
of their regular scheduled hours of work in case of a necessary absence. A necessary absence shall be defined as
illness to self or immediate family, funeral leave, jury or witness duty, or
military service.
3.
Each
employee, to be eligible to receive sick leave pay, must be off work due to
illness of self, spouse or child, or off the job injury. Sick leave may be used
in one-half day increments.
4.
All
injuries, no matter how trivial, must be reported to the supervisor before the
end of the regularly scheduled workday.
5.
Bringing
or consuming intoxicants or illegal drugs during the employee’s workday.
6.
Assuming
duties under the influence of liquor, illegal drugs and other drugs of sufficient
quantity, which would create hazards to
themselves or others.
7.
Deliberate
destruction or removal of the Town's or another employee's property.
8.
Use of
the Town's equipment for personal use without permission
9.
Sleeping
on duty.
10.
Disobedience,
insubordination, neglect of duty, dishonesty.
11.
Refusal
to comply with employer rules.
12.
Disorderly
conduct.
13.
Failure
to report for work other than a necessary absence.
14.
Giving
or taking of bribes to obtain work or retain a position.
15.
Unauthorized
signing of another employee's time sheet.
16.
Falsifying
records.
17.
Originating
or participation in practical jokes, which may result in bodily injury.
Violation of any of the above rules may subject employees to the
disciplinary procedure in Article 6, Section 2.
Section 1. Work
Week. The
regular workday will be eight (8) hours and the regular workweek shall be forty
(40) hours, Monday through Friday.
Required attendance at the Town's Board meetings and employee training
sessions required by the Employer shall be considered time worked. However,
four (4) ten (10) hour days may be worked if mutually agreed to by the Towns Board or representative and the
employees. four (4) tens (10) may be
worked by mutual agreement between the first Monday in May through the last
Friday in September in a calendar year.
The Town at their discretion has the right to send
employees home, but not to exceed forty (40) hours per year and no less than
two (2) hour increments.
The hours of work shall be as follows:
10-hour shift - 6:00 a.m. – 4:30 p.m.
9-hour shift - 6:00 a.m. – 3:30 p.m.
8-hour shift - 7:00 a.m. – 3:30 p.m.
The 8-hour shift schedule
for the workers shall be from 7:00 a.m. to 12:00 p.m. and from 12:30 p.m. to
3:30 p.m., unless otherwise mutually agreed upon. The 9-hour shift schedule for
the workers shall be from 6:00 a.m. to 12:00 p.m. and from 12:30 p.m. to 3:30
p.m., unless otherwise mutually agreed upon. The 10-hour shift schedule for the
workers shall be from 6:00 a.m. to 12:00 p.m. and from 12:30 p.m. to 4:30 p.m.,
unless otherwise mutually agreed upon. These
hours are subject to change by management with 48 hour or more notice to the
employee.
Section 2.
Overtime. Employees
shall be paid at the rate of one and one-half (1 1/2) times their regular rate
of pay for all hours worked in excess eight (8) hours a day and/or forty (40)
hours in a workweek. However, during a
week employees are scheduled for ten (10) hour days, overtime shall be
calculated after 10 hours of work.
All
overtime must be pre-authorized by a Town Board member, Road Supervisor or Road
Consultant except in the case of an emergency.
Overtime compensation shall not be pyramided and overtime compensation
shall not be paid twice for the same hours worked.
Section 3.
Emergency Calls. An employee shall receive a minimum of one
(1) hours pay at the applicable rate of pay for all hours worked on Saturday,
Sunday, or paid holiday. The one (1) hour shall be treated as time worked for
purposes of computing overtime for the workweek.
Section 4. Recall. Any employee having completed a
normal work day (excluding Saturday, Sunday or available holidays), and having
left the premises of the Employer, is called back to do emergency part time
work prior to the starting time of the next regular work day, shall receive a
minimum of one (1) hours pay at the employee's applicable rate of pay for each
recall. The one (1) hour shall be
treated as time worked for purposes of computing overtime for the
workweek.
Full-time employees shall
receive one (1) ten (10) minute rest period, with pay, during for the first
half of their regular work day and a thirty (30) minute unpaid lunch break at
or around 12:00 noon.
Section 1. Regular full-time employees covered
by this Agreement shall begin to accrue vacation benefits as of the employee's
date of hire and shall become eligible to use vacation benefits according to
the following schedule:
After
1st year 40 hours
After
2nd year 80 hours
After
5th year 120 hours
After
12th year 160 hours
After 20th year 200 hours
Section 2. Vacation pay shall be forty (40)
hours of pay at the employee's regular rate of pay for each week of
vacation. Vacation week will be Monday
through Sunday.
Section 3. Vacation may be taken in minimums
of one (1) day increments with a maximum of five (5) in a calendar year. One-day vacations must be approved by the
road supervisor.
Section 4. If time off is required by an
employee during their first twelve (12) months of employment, it shall be
considered a leave without pay. Time
off is subject to the approval of the road supervisor.
Section 5. In the event the employment
relationship is severed for any reason, the employee shall receive pay for all
earned vacation as of the date of severance.
Section 6. Employees who have completed at least
1500 hours of work in the previous year shall be granted a vacation with
vacation pay, each twelve (12) months as outlined in Section 1. Employees who
are on Worker's Compensation are exempt from the 1500 hour minimum. Payment of
a partial years' vacation will be made to employees who work less than 1500
hours on a prorate basis.
Section 7. Any bargaining unit employee who is
absent due to an on-the job injury, which is determined to be compensable under
the Worker's Compensation, shall continue to accrue vacation benefits for such
time not worked for a period not to exceed one (1) year following the date of
injury.
Section 8. All vacation time must be approved by the Employer with
4-weeks notice in order to adequately determine the Employer's staffing needs
during an employee's absence. Only one full-time employee may take vacation at
a time. The 4-week notice may be waived
by the employer upon request of the employee.
Section 9. Employees shall be allowed to carry over one (1) full
week of vacation, with Town Board approval.
A schedule attached hereto and marked Exhibit "A" shall be the minimum rates of pay.
Section 1. The following holidays will be
recognized for all full-time employees covered by this Agreement after
successfully completing the probationary period set forth in Article 2: New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,
Christmas Eve Day, and Christmas Day.
Section 2. Employees required to work on any
of the above holidays shall be paid, in addition to holiday pay, at the rate of
two (2x) times their regular hourly rate for all hours worked. Employees shall be paid eight (8) hours of
holiday pay at their straight hourly rate, whether worked or not, for the
holidays named in Section 1. Holiday
pay will not be used in computing overtime for an employee’s workweek.
Section 3. In order to be eligible for a paid
holiday, employees must work both the last scheduled work day before and the
scheduled work day after such holiday, unless such absence is excused by the
Employer, or the employee receives a paid sick day, or the employee is absent
because of an industrial injury.
Section 4. If any of the above holidays fall on a Saturday, the
Holiday will be observed on the preceding Friday. If any of the above Holidays falls on a Sunday, the Holiday will
be observed on the following Monday.
There shall be no lockout, strike, picketing, slowdown and/or boycott of
any kind whatsoever, including sympathy strikes, during the term of this
Agreement. Prohibition against strike,
picketing, and lockout shall be absolute, and shall apply regardless of whether
a dispute is subject to arbitration under grievance and arbitration provisions
of the contract.
All physicals required by the Employer, or by federal and state
agencies, shall be paid by the Employer.
The town shall supply an adequate bulletin board, within the shop area,
for the use of the Union employees for the posting of all Union correspondence.
When
the employee uses the employee's own vehicle for transportation at the request
of the Employer, and directly in the course of the employee's employment, or to
attend a seminar or any schooling approved by the Employer, the Employer shall
reimburse the mileage at the rate allowable by the IRS.
Each
employee will be required to maintain basic auto liability insurance as
established by the State of Wisconsin.
All requests for mileage
reimbursement must be submitted in writing to the Employer within ten (10)
working days of the occurrence of the expense to be eligible for reimbursement.
All
travel related expenses for training sessions outside the boundaries of the
Town of Bradley must be pre-authorized by the Board.
The
Employer may limit any such travel or training sessions to adequately staff its
needs during an employee's absence.
Except in the event of an emergency, no employee shall be permitted to
allow anyone who is not a employee, officer, agent, contractor or other
representative of the Employer in or on a vehicle while performing work for the
Employer, unless prior written authorization has been obtained from the Employer.
It is agreed that the Employer shall provide throw-away coveralls for
work within the shop area. The Employer
shall also provide any necessary safety equipment required to be worn by the
employee(s).
An employee who responds
to a call for jury duty or as a witness under subpoena involving the Employer,
shall receive his/her minimum guaranteed weekly wage minus the amount of
compensation received for such jury duty or as witness fees if the amount thereof
is less than the amount the employee would have received while performing
his/her regular
duties, provided such
employee (1) gives prior notice thereof to the Employer (2) furnishes the Employer with satisfactory
evidence of his/her call for jury duty as a witness under subpoena, the number
of days served and the amount of compensation received therefore, (3) makes a reasonable effort to
report for work during his/her Regularly scheduled workday when employee's
services are not required for jury duty or as a witness under subpoena
involving the Employer. In case an employee is required for witness duty as
stated above, he/she shall also be reimbursed for all expenses incurred.
When a regular employee is required to be present for
jury duty, the Town will reimburse him/her for loss in regular wages up to a
maximum of sixty (60) hours of pay during the course of the contract year.
Employees requesting a leave of absence shall submit a written request
to the Employer stating the reason and the length of time desired. Benefits shall continue to accrue, except
pay, for an approved leave of absence of two (2) weeks or less. Any other approved leave of absence shall be
without pay or accrual of other benefits under this Agreement, unless otherwise
agreed in writing between the Employer and the Union. Any requested leave of absence for a period longer than seven (7)
days may be granted for a period not to exceed six (6) months if approved by
the Employer. Personal leaves shall not
be granted for the purpose of working for another employer or personal gain.
Section 1. After successfully completing the
probationary period employees shall receive eight (8) days, for a total of
sixty four (64) hours per contract year to be used for sick leave. Sick leave shall be paid equal to the number
of hours used in any one day at the employee’s straight rate and will not
exceed eight (8) hours in any one day while working (8) hour shifts and will
not exceed ten (10) hours in any one day while working ten (10) hour
shifts. Unused sick leave may
accumulate to a maximum of thirty-five (35) days, for a maximum of two hundred
eighty (280) hours.
Section 2. Any absence due to illness during
the employee’s probationary period or thereafter when sick leave benefits are
not available will be considered leave without pay.
Section 3. Doctor’s
Certificate: An employee off work on sick leave for more than (3) consecutive
workdays shall, upon request of the employer, provide a doctor’s certificate
evidence of illness.
Section 4. An employee shall be paid his/her sick leave bank upon
retirement at age 65 or 20 years of service.
Union representatives and officials shall be permitted reasonable access
to the premises of the Employer and be given reasonable access to members of
the bargaining unit during working hours for the purpose of adjusting disputes,
investigation of working conditions, collection of dues, or ascertaining
compliance with the Agreement. Such
visits shall not interfere with the duties of the employees or interrupt them
while working.
Upon
discharge, the Employer shall pay all money due and earned benefits to the
employee in accordance with applicable law.
Upon quitting, the Employer shall pay all money due and earned benefits
to the employee on the payday following quitting, provided the employee has
turned in all keys and equipment furnished by the Employer.
The
Employer shall grant up to five (5) consecutive days leave with pay to any
regular full-time employee for the purpose of attending and making arrangements
for the funeral of the employee’s spouse.
The Employer shall grant
up to three (3) consecutive days leave with pay to any regular full-time
employee for the purpose of attending and making arrangements for the funeral
of the employee's immediate family. The
three (3) day period shall be any three (3) regular work-days representing the
day before, the day of, and the day after the funeral, provided the employee
attends the funeral. The term
"immediate family" means the employee's child, mother, father,
sister, brother, mother-in-law or father-in-law.
The Employer shall grant one (1) days leave with pay to any regular
full-time employee for the purpose of attending the funeral of the employee's
sister-in-law or brother-in-law, son-in-law or daughter-in-law, or grandchild.
The Employer will pay the employee at his/her regular straight time rate not
exceeding eight (8) hours per day. The
employee must attend the funeral in order to be paid for time off.
The Employer will continue to fund the employee’s annual annuity in the following amounts:
1/1/08 $1800 contribution
1/1/09 $1850 contribution
If
any Article or Section of this Contract or of any Riders thereto should be held
invalid by operation of law or by any tribunal of competent jurisdiction, or if
compliance with or enforcement of any Article or Section should be restrained
pending a final determination as to its validity, the remainder of this
Contract and of any Rider thereto, or the application of such Article or
Section to persons or circumstances other than those as to which it has been
restrained, shall not be affected thereby.
In the event that any Article or Section is held
invalid or enforcement of or compliance with which has been restrained as above
set forth, the parties affected thereby shall enter into immediate collective
bargaining negotiations upon the request of the Union for the purpose of
arriving at a mutually satisfactory replacement for such Article or Section
during the period of invalidity or restraint.
If the parties do not agree on a mutually satisfactory replacement,
either party shall be permitted all legal or economic recourse in support of
its demands, notwithstanding any provision of this contract to the contrary.
(a) This Agreement shall supersede any rules and regulations of the Board, which are contrary or inconsistent with its terms.
(b) All employees shall be paid bi-weekly.
(c) An employee's regular workweek shall not be altered to avoid the payment of overtime.
(d) Employees notified to be "on call" for a paid holiday shall receive a $1.00 per hour pay rate for all hours on call. Employee on call will leave a phone number and be at work within 30 minutes of notification.
Section 1. This agreement shall be in full
force and effect from January 1, 2008, to and including December 31, 2009 and
shall continue in full force and effect from year to year thereafter unless
written notice of desire to cancel or terminate the Agreement is served by
either party upon the other at least sixty (60) days prior to date of
expiration.
Section 2. It is further provided that where
no such cancellation or termination notice is served and the parties desire to
continue said Agreement, but also desire to negotiate changes or revisions in
this Agreement, either party may serve upon the other a notice at least 180
days prior to December 31, 2005, or December 31st of any subsequent contract
year, advising that such party desires to continue this Agreement but also
desires to revise or change terms or conditions of such Agreement.
Section 3. Revisions agreed upon or ordered
shall be effective as of January 1, 1998, or January 1st of any subsequent
contract year. The respective parties
shall be permitted all legal or economic recourse to support their request for
revisions if the parties fail to agree thereon.
The Town and the Local Union will meet in June, 2002
to select a Health Maintenance Organization (HMO) or Preferred Provider
Organization (PPO) available in the regional geographic area. A health plan
design will include deductible, co-pays, and prescription drug coverage.
The
Town and Local Union will select the HMO or PPO by mutual agreement.
The
Town will not be obligated to pay more than the lowest cost HMO or PPO
available in the area. The Town will
cover the cost of the single plan and the employee has the option to pay the
higher premium to obtain family coverage.
The health care coverage will be
effective January 1, 2003.
Local 662 Lincoln County,
Business Agent Town Chairperson
TOWN OF
BRADLEY
Lincoln County, Wisconsin
EXHIBIT
"A"
The
minimum hourly wage scale for the classifications listed below shall be as
follows:
The Employer shall not be precluded from paying an hourly wage rate in
excess of the minimum where the Employer considers it necessary or appropriate.
1/1/08
1/1/09
First 6 months Same as the “part-time” rate as
established
of probationary by the Town Board during the term of
the
period contract with a base of $9.35/hr.
Second 6 months Same as the “part-time” rate + $0.50/hr as
of probationary established
by the Town Board during the
period term of the contract
with a base of $9.85/hr.
Regular full-time
employee $15.30 $15.75
AMENDMENT:
On 12/11/02 both parties by mutual agreement agree to increase 1/1/03 wage rate from $13.20 to $13.45 in lieu of health insurance coverage for 2003. Both parties agree to extend this amendment for 2004, 2005, 2006, 2007, 2008, and 2009.
TOWN OF BRADLEY
ARTICLE PAGE (S)
AGREEMENT.......................................................... 1
2 CONDITIONS OF EMPLOYMENT -
5 GRIEVANCE PROCEDURE AND
6 SUSPENSION OR TERMINATION
7 WORK WEEK, OVERTIME, AND