LABOR AGREEMENT
Between
TOWN OF
and
GENERAL TEAMSTERS UNION
LOCAL 662
For the Period
TOWN OF
ARTICLE
AGREEMENT.............................................................. 2
3
CONDITIONS
OF EMPLOYMENT –
PROBATIONARY PERIOD………………………………3
5 GRIEVANCE PROCEDURE
6 SUSPENSION OR TERMINATION
7
THIS AGREEMENT made and entered into
by and between the TOWN of
RECOGNITION, FAIR SHARE AGREEMENT
Section 1. Recognition. The Employer hereby recognizes the
Section 2. Fair Share. Membership in the
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
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
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
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
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
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
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.
SUSPENSION OR TERMINATION OF EMPLOYMENT
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
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,
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 -
9-hour shift
-
8-hour shift
-
The 8-hour shift schedule for the workers shall be from
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.
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
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
Each employee
will be required to maintain basic auto liability insurance as established by
the State of
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
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 an 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
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.
Section 5. Sick leave may be used for immediate family
doctor appointments. The
term "immediate family" means the employee, spouse, and dependant
children.
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:
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.
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
ARTICLE 27
Section 1. This agreement shall be in full
force and effect from January 1, 2010, to and including December 31, 2011 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
Local 662
Business
Agent Town Chairperson
TOWN OF
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.
1/1/10
1/1/11
First 6
months Same as the “part-time”
rate as established of probationaryby 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 $16.14 $16.54
AMENDMENT:
On