LABOR
AGREEMENT
Between
TOWN OF
and
GENERAL TEAMSTERS
UNION
LOCAL
662
For the
Period
January 1, 2012
through December 31, 2012
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. 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
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
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. 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
-
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 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.
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:
1/1/12
$2000
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.
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
Section
1. This agreement shall
be in full force and effect from January 1, 2012, to and including December 31,
2012 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.
Local 662
Lincoln County,
Business Agent
Town
Chairperson
TOWN OF
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.
1/1/12
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
$16.71
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, 2009, 2010, and
2011.
TOWN OF
BRADLEY
ARTICLE
AGREEMENT.........................................................
1
2
CONDITIONS OF
EMPLOYMENT -
5
SUSPENSION OR
TERMINATION
6