COLLECTIVE BARGAININGAGREEMENT

BETWEEN

WILLAMALANEPARK AND RECREATION

DISTRICT

AND

AFSCME LOCAL 3512

Effective JULY 1, 2018, through JUNE 30, 2021

TABLE OF CONTENTS

PREAMBLE 1

AR’IICLE I - RECOGNI’IION I1.1 DEFTNITION 11.2 2() To 1.ESS THAN 25 HOUR PER WEEK EMPLOYEES1.3 CONTRACTING OUT 11.4 HIRE FOR MILIL\RY LEAVE 2

ARTICLE 2 - ivL\NAGEMENT IUGI ITS 3

ARTICLE 3 - LN1ON 1UGI ITS 43.1 OTIFICATION AND DUES CHECKOFF 43.2 MAINTENANCE OF EFFORT 43.3 HOLD HARMLESS 43.4 QUARTELY AUDTT 4

ARTICLE 4 - UNION BUSINESS 54.1 REPRESENTATIVES 54.2 VISH.S 54.3 UNION BUSINF,SS 54.4 BUI.T.ETINBOARDS 54.5 NEGOTIATIONS 54.6 OIUENTATT()N 54.7 REPRESENTATION 54.8 USE OF DISTRICT EMAIL 64.9 T.ABOR/MANAGET\TLNT COMMITTEF 6

ART] (i.E 5 — N N-DISCRIMINATION, WORK ENVIRONMENT AND DIVERSITY .. 75.1 NON-DISCRIMINATION 75.2 O1U< ENViRONMENT 75.3 CREATING A DIVERSE \VORKPORCE 7

ARTICLE 6 - HOURS OF WORK AND OVERTiME $6.1 WC)RKWF,EK 86.2 WORKDAY 86.3 SCHEDULE CHANGES $6.4 S1TIF]’ C[IANGF $6.5 REST AND MEAL PERIODS 86.6 OVERTEVIE 86.7 FC)RM OF COMPENSATION 96.8 NO PYRAMIDING 96.9 EX’IRA HOURS 96JOCAIL BACK 9

ARTICLE 7 - MILEAGE AND PF.R DIEM IC)

ARTICLE 8 - COMPENSATION 118.1 WAGES Ii8.2 MoVEMENT ON THE SCHEDULF 118.3 LONGEVITY PAY 11

8.4 EVAT.UATTON .APPEAT . :118.5 PROMOTION PLACRMF.NT .118.6 PAYDAY .118.7 DEFERRED COMPENSATION.118.8 SPECIAL EVENT PAY .11

ARTICLE 9 - I IEALTI I AND \VELFARE .12

9.1 HEALTH A1ND DENIAL INSURANCE .129.2 LIFE AND LONG-TERM DISABILITY INSURANCE .129.3 EI,IGIBI1JTY 129.4 CONTRACT RF.OPE1I.R 12

ARTTCLF, 10-VACATION 1310.1 ACCRUAL 1310.2 MAXIMUM ACCRUAL 1310.3 SCHEDULU’1G 13

ARTICLE 11 - RETIREMENT 14

ARTICLE 12 - HOLIDAYS 1512.1 DESIGN,\TFD HOT,TDAYS 1512.2 HOIJDAYPAY 1512.3 HOLIDAY \VC)RK 15

ARTICLE 13 - SICK LEAVF 1613.1 ACCRUAL 1613.2 UTILIZViION 1613.3 WORKERS’ COMPENSATION 1613.4 .ABUSF 1613.5 CASH-OUT 1713.6 SICK LEAVE DONATION 17

ARTICI.,E 14- I.EAVE OFABSENCF 1814.1 CRITERIA AND PROCEDURE is14.2 JURY DUTY/WITNESS 1814.3 BEREAVEMENT 1814.4 PARENTAl.. I.EAVF 1914.5 UNIONI.EA\’F 1914.6 FAMILY I .EAVF 1914.7 MILITARY LEAVE 19

ARTICLE 15 - UNIFORMS AND EQUIPMENT 20

ARTICLE 16 - DISCIPLINE 2116.1 DISCTPLINF. AND DISCHARGE 2116.2 PR( )BATIONARY EMPI X)YEF 2116.3 1MPOSITI(.)N 2116.4 DUE PROCESs 2116.5 JUST CAUSE STANDARDS 21

ARTICLE 17 - PROBATIC)NARY PERIOD 23

ARTI(2LE 18- SEYILEMENT oF DISPUTES 24

18.1 GRiEVANCE PROCEDURE .2418.2 ARBITRATOR GUIDELINES .2418.3 TTI IF T,TMTTS 25

ARTICLE 19 - SENIORITY 26

19.1 DEFINiTION 2619.2 REDUCTION IN FORCE 2619.3 DEFINITION OF A T,AYOFF 2619.4 BUMPT1G 2619.5 RECALl 2619.6 NOTICF 2719.7 REDUCTION IN FORCE— SHORT-TERI\i 27

ARTICLE 2t) - STRIKES 2920.1 NO STRIKE 292f.).2 UNION OBT,TGATION 2920.3 1X)CKOIJT 29

ARTICLE 21 - PERSONNEL RECORDS 3021.1 FILES 3021.2 GRIEVANCES 3021.3 SIGNXTURE REQUIREMENI 3021.4 WRFFI’EN RESPONSE 3021.5 OTHER INCI ,USIONS 30

ARTICLE 22 - GENERAL PROVISIONS 31

22.1 iNCLEMENT WEATHER 3122.2 PROCEDURES AND RULES 3122.3 LOSS OF WORK SITF 3122.4 UTILIZATION fW FACILITIES/PROGRAMs 3122.5 WORKING OUT OF CLASS 3222.6 JoB OPENINGs 3222.7 JOB SHARING 3222.8 BACKUP COVERAGE 3222.9 DRUG AND ALCOHOL TESTI1G 3322.1OCALL TIMF 3322.11 INTERNSHIPS 33

ARTICLE 23 - SAVINGS CI,AUSF 34

ARTICLE 24 - TERM OF AGREEMENT 35

APPENDIX A — Wage/Salary Schedule 36

APPENDIX B —job Classification Schedule 37

PREAMBLE

This Agreement is entered into between Wilamalane Park and Recreation District, hereinafter referred to asthe “District,” and AFSCME Council 75, Local 3512, hereinafter referred to as the “Union” as provided byORS 243.650 throug].l 24.3.782.

ARTICLE 1— RECOGNITION

I I DFFThITTON

‘the I)istrict recognizes the Union as the sole and exclusive collective bargaining representative of all employeescovered by this contraci for the purpose of collective bargatning as provtded by CR5 243.650 through 243.782.

For the purpose of this agreement, employees who are employed in a single classification or combination ofclassifications and normally work forty t40) hours a week shall be considered “full-time.” All other employeescovered by this agreement shall be considered “parc—time.”

The bargaining unit covered by this contract consists of all employees of the District who regularly work twenty(20) hours or more per week in any classification or combination of classifications, exclusive of seasonalemployees (defined as employees who work less than 180 days per vear or temporary employees (defined asemployees who work 120 days (.)r less per year). supervisory or conhdenital employees as defined by CR5243.650.

The District will not change or reduce schedules to circumvent the 20 or 25 hour minimum.

Seasonal or temporary employees will not be uttlied to fill budgeted bargaining unit 1osmons or school—year bargainingunit positIons except in the event of a leave (for a period of time no longer than 90 days) or by mutual agreement.

1.2 20 TO LESS TI IAN 25 IiC.)UR PER WEEK EMPLOYEES

For employees regularly scheduled to work. 20 to less than 25 hours p week, the agreements stated at Article6.3 and at, Article 19. Sections 2 through 7 may be reopened for bargaining upon the wrltten request of eit:herpar’ on or after June 14. 2019. The bargaining will be governed by ORS 243.698.

I Iealth insurance eligibility is available to bargaining unit employees of the District who regularly work t\ventyfive (25) hours or more per week. Instead of receiving health insurance benefits. bargaimng unit employees ofthe District who regularly work twenly (20) to less than twenty—five (25) hours per week shall be eligible forreimbursement up to $600 per calendar year, non-cumulative, for eligible health care expenses as described inthe District benefit package. For the period of July 1, 2016 to December 31, 2018 this benefit shall be prorated to 3t.)t). For newly hired 20 to less than 25 hour per week employees, this benefit shall also be pro-ratedbased on date of hire. The reimbursement amount shall not carry over from year to year.

1.3 CONThACTING OUT

\“entien nouhcation shall be provided the Union President and Council Representative when the Districtproposes to eliminate, reduce, or displace work historically performed by bargaining unit employees.

The District and the Union agree to negotiate in good faith the impacts of any decision to contract orsubcontract out exclusive bargaining unit \vork pursuant to CR5 243.60$. Accordingly, the decision as tf)

whether or not work is ultimateh’ contracted shall not he implemented until the parties come to a completeagreement or the District exhausts its duty to bargain the impacts.

1.4 HiRE FOR MILITARY LEAVEDefinition — A limited duration employee is hired for the purpose of replacing a regular full—time or lttrt— timeemployee fo.r a time period of six (6) months to two (2) years when the regular employee is required by law(e.g. military deployment) to he absent from tile work place.

a. An employee hired in a limited duration position will be a rmmber of the bargaining unit andcovered by all provisions of this Agreement except as specified below:

Article 11 -RetirementArticle 17 —ProbationatT PeriodArticle 19 -Seniority.

h. In addition, the following provisions o this Agreement will be modified as indicated:

1. Article 6, Hours ofWork and Overtime - Overtime will be restricted to paid compensationonly.

ii. Article 9, health and Welfare — [Tealth, dental, and vision insurance will be provided for

the military leave hire employee on the District’s [health Plan. Employees may purchasefamily or spouse coverage at an additional cost.

c. In the event a limited duration employee is hired into a regular bargaining unit position, without abreak of ninety (90) days of service, and they successfully complete their probationary period, theemployee will be granted seniority back to the date of hire in the limited duration position.

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ARTICLE 2— MANAGEMENT RIGHTS

Except as othenvise specifically limited by the terms of this atveement, the District retains all of the Customary.usual and exclusive rights, decision making. prerogatives, functions and authority connected with, or in any wayincident to, its responsibility to manage the affairs of the District or any part of it. \ithout limitation. but byway of illustration, the exclusive prerogatives. flmctions and rights of the District shall include the following:To direct and supervise all operations, functions and policies of the divisions in which the employees in the bargainingunit are employed;

A) To manage and direct the work force, including, but not limited to, the right to determine the methods.processes, and manner of performing work; the right to hire, promote, and retain employees; the rightto determine schedules of work and the right to purchase, dispose of and assign ecuiprnent andsupplies;

3) Tm) determine the need h)r a reduction or an increase in the work force;

C) To establish, revise and implement standards for hiring, classification, promotion, quality of work,safety, materials, and equipment

D) To implement new and to revise or discard, wholly or in part. old methods, procedures, materials,ec1uipmetit, facilities, and standards.

Utilixation of any management rights not specifically limited by this agreement shall he at the District’s

discretion and not subject to negotiation or the grievance procedure.

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ARTICLE 3— UNION RIGHTS

3.1 NOTIfICATION AND DUES CHECKC)FF

The District agrees to deduct the uniformly required Union membership dues and other authorized dues orassessments from the pay of those employees who have authorized such deductions in writing. A file listingnew authorizations or changes in authorizations for employee Union deductions will be submitted by the Unionto the District electronically by close of business on the business clay immediately preceding the twentieth (20th)day of each month. ‘lie District agrees that new or changed Union payroll deduction authorizations submittedwithin the timdines above shall be deducted from the next issued paycheck for the previous applicable parperiod.

Upon request and as a courtesy, tl.e Union will provide the District with an incremental copy (in PDF format)of tle members’ payroll deduction authorization. Both parties agree that the file hsi:ng new authorizations orchanges in authorizations has prccedcnce.

The Union and the District each agree to reimburse to the other any money paid or not paid in error within 3t)days of written notficat:ion of such error.

The amounts deducted (dues and Public Employees Organized to Promote Legislative Equality cPEOPLEicontributions, if any) shall be transmitted monthl to the Union accompanied with a complete list of allrepresented employees including new—antI teiminated. Such itemized listing shall he in electronic format(J)referably Microsoft Excel) and contain the names (first and last tiame in separate columns). EmployeeIdentification Number (Eli) or social securit number, home addresses and phone numbers, job tide,department, work email address (if available) FTE. base wage, and pay period begin and/or end date.

The District will separately denote those employees hired in the past 30 days (along with their start dates), andthose employees who have left employment — whether through resignation, termination. or retirement.

3.2 MAiNTENANCE Oh EFR)RT

The toflowing information from AFSCI\IE is intended for bargaining unit employees; it does not represetit an

agreement between AEiSCME and the District.

Per Union policy, an employee may revoke authorization for payroll deduction of payments to the Union inaccordance with the PiYroll deduction revocation Pdliod described in the employee’s payroll deductionauthorization. In the event an employee has executed an authorization that does not describe a revocation process,voluntary authorization and assignment is revocable by providing the Union and the Einployer written notice ofrevocation not less than ten (10) days and not more than twenty (20) days prior to the employee’s anniversary dateof the execution of their authorization for payroll deduction.

3.3 HOLD HARMLESSThe Union will indemnify. defend and hold the District harmless against any claims made anti against any suit:instituted against th.e District as a result of any action taken Pursuatit to the provislons of this article.

3.4 QUARTERLY AUDIT

Both patties agree to run an audit comparing the full list of all represented bargaining unit employees with thelist of employees who have authorized Union deductions as provided for electronically by the Union. This auditshall take place at least quarterly or as mutually agreed upon in writing hr the Parties.

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ARTICLE 4— UNION BUSINESS

4.1 REPRESEN’IATIYES

The Union will nontv the District. in writing, of the names of its Union and Council representatives.

4.2 VISITS

Union representatives ether than Local representatives, upon notihcation tc> the Division Director or adesignee, may visit with employees during breaks or meal periods. Local representatives are not required toprovide nouhcation. Visits outside of those allowed for above may bc granted only with the expressed approvalof the Division Director or a designee.

4.3 UNION BUSIIESS

The internal business of the Union shall only be conducted outside normal working hours except with thepermission of the Division Director or a designee.

The District will grant up to thirty (30) minutes of paid leave to those employees who attend the men thlvmembership meeting to allow for a meeting of up to sixty (60) minutes. It is understood that the first thirty(30) minutes of said monthly meeting shall take place during the attendees’ scheduled break (i.e. lunch), and thisprevision only applies to any additional time for the conduct of the meeting, up to hut not necessarily, thirty(30) minutes.

4.4 BULLETIN BOARDS

Bulletin hoard space shall be provided the Union for the posting of meeting notces and other information ofinterest to its members. In the event the District believes the posted materials are derogatory or inflammatoryin nature, the District w111 request removal of said materials by a Union representative and, if the representative

disagrees, the District may remove the material with the knowledge that such removal may be subject to thegrievance procedure herein.

4.5 NE( X)T1ATIONS

Four (4) Union representatives shall be permitted to attend negotiating meetings with the District, relative tosecuring contract renewal, without loss of pay. ‘llw date, time, and place for negotiating sessions shall beestablished by mutual agreement between the parties.

4.6 ORIEN’iXiTON

A member desittnated by the Union, shall he allowed up to thirty (30 minutes at a monthly staff meeting or thec1uartetiy Districtwide orientation to meet in private with new union employees.

4.7 REPRESENTATION

Designated Union representatives shall lie allowed reasonable time off without loss of pay during their normalworking hours for the putpose of meeting with the District for negotiations, grievances, labor/managementcommittees, investigatory/disciplinary meetings, Benefits Committee, and other similar purposes.

The following conditions will be applicable:

• Employee and designated union representation will be allowed thirty (30) minutes prepar:ttion timefor the above.

• No overtime will lie incurred.• Part—time employees will lie paid their regular rate of pay tc) attend the above meetings; hmvever, no

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overtime will be incurred.

The designated Union representative shall strive to give their supervisor written notice.

4.8 USE Of DISThTCT E-MATLThe T:nion ma use the D.tstrtct e—mail system to ptovide meeting notices to the bargaining unit members whowork in the District, normally on a monthly basis. NC) othet use ot the district’s computer systems is impliedor permitted by this Agreement.

The notices shall he done in a respectful and factual manner subiect to the same conditions expressed fcwbulletin boards in Article 4.4 ot the contract.The District shall provide the Union with the electronic bargaining unit grouping.

Should any problem result from this agreement, the Parties agree to meet and discuss the matter however, theDistrict reserves the right to take action as needed to ensure appropriate use of its computer systems.

4.9 i.AW)R/IvIANAGEMENT COMh1ITThRA committee comprised of union and management leadership will be formed to discuss topics on a monthlybasis. Unioti and management will each appoint three (3) employees tt attend. This is not a forum for resolvingformal grievances.

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ARTICLE 5- NON-DISCRIMINATION, WORK ENVIRONMENT,AND DIVERSITY

5.1 NON-DTSCRIMINTION

The District and the Union agree to continue their policies ot not unlawfully discriminating against anyemployee for any reason associated with an employee’s protected class status.

Protected Class Under Federal La’’: Race: color; national origIn; sex (includes pregn:tIcy related condittons):religion; age (40 and older’): disability: a pci-son who uses leave covered by the Federal Family and Medical IAct: a person who uses Military Leave; a person who associates with a protected class; a person who opposesunlawful. employment practices, files a complamt or testifies about violations or possible violations; and anyother protected ciass as defined by federal law.

Protected Class Under Oregon State Law: All Federally protected classes, plus: age (18 and older).; physical ormental disability; injured worker; a person who uses leave covered by the Oregon Family Leave Act; maritalstatus; family relationship; sexual orientation; whistieblower; expunged juvenile record; and any otherprotected class as defined by state law.

5.2 WORK ENVIRON MENT

The District and the Union shall promote a safe and respectful work environment for all employees asoutlined in this Agreement and the District’s Ecyual Employment Opportunity Policy stated in theDistrict’s Personnel Policies and Procedures Manual. Enforcement of this Article and/or District policymay be made pursuant to the grievance procedure in this Agreement or complaint reporting procedureset forth in the Personnel Policies and Procedures Manual.

Within sixty days of signing the 2018—2021 successor Agreement, the District and the Union willcollaborate on a District-wide, non-bargaining committee charged with making recommendations forimprovements to District rules, policies on workplace conduct and the cnmplant. reporting procedure setforth in the Personnel Policies and Procedures I\ianuai. The committee shall be composed of three (3)members to be selected by each staff counterpart (the Union, management and non-bargaining, non-management employees) and a member of the District Board of Directors. The committee will select afacilitator to be paid for by the District. The committee shall convene within sixty days of the signing ofthe 2018-2021 Agreement with the goal. of making its recommenclanons to the Board of Directors withinsix (6) months of the signing of the 2018—2021 Agreement.

5.3 CREATING A DIVERSE \VORKFORCE

The Employer and Union strive to achieve a workplace environment, respectful of the diverse cultures of theworkforce and are proud of the diversity of the current workforce and the benefits that diversity brings to theDistrict.

The f,mplover and the Union are committed tc promoting a diverse workforce, consistent with and practicingecyual employment opportunity and engaging in affirmative efforts to create an eiwircinment that supports andencourages the contribution of all employees.

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ARTICLE 6— HOURS OF WORK AND OVERTIME

6.1 WORIKWIZEK

The workweek shall begin on Sunday and end on Saturday, and the normal work schedule for full—timeemployees shall CoUsist ot forty (40) hours in a seven (7) day workweek.

6.2 WORKDAY

Full—time employees Shall normally work five (D) consecutive eight(s) hour days followed by two (2) consecutivedays otf or four (4) consecutive ten (10) hour days followed by three (3) consecutive days off

6.3 SC1IEDUJ.E CI1ANGI-iS

Unless with prior written agreement between the District and the Union, the District may not change theschedule of a represented employee working a regular workweek schedule without fourteen (14) calendar daysprior notice. The District will make every effort to accommodate any employee who demonstrates that a changeto their schedule will produce a personal hardship for themselves or their family. See Article 6.9, Extra I lours.

6.4 ShIFT ChANGE

In order for the District to maintain facility hours or program schedules, employees may be asked to shift theirschedules. This shift change event may occur at the start or end of the employee’s shift.

Ivianagement must request the shift change at any time before the end of the prior business day or the currentshift in case of shift change occurring at end of the employee’s shift.

Should an employee participate in a shift change event, the employee shall, at their discretion, be compensatedat the overtime rate (1 .5 x regular pay) in cash, compensatory time, or flex time for the entire duration of theshift change on an hour for hour basis, with a minimum of two (2) hours. If the employee chooses to flex theirschedule, the time to flex shall be approved by their supervisor.

Management shall maintain a list of employees who are interested in participating in shift changes should suchsituations arise. Shift changes shall be offered based on seniority as equitably as possible from among theseemployees. Neither interest nor accepting of shift changes shall be mandatory.

6.5 RF.ST AND IvIEAL PERIODS

All employees working more than six (6) consecutive hours in any workday shall receive at least a one-half (1/2)hour unpaid lunch break and a fifteen (15) minute paid break during each four (4) consecutive hour workperiod. Part—time employees working at least four (4) hours in a wf.wkday shall receive a fifteen (15) minute paidbreak.

6.6 OVERT] ME

Overtime shall he paid as follows: an.y hours wot’ked in excess of forty (40) hours per week.Overtime shall he compensated at the rate of time and one-half (1-1/2) the employee’s regular rate of par. Sick,vacation atid holidays will be coun ted toward the fort (40) hours per week for overtime puq)oses.

The District agrees to offer overtime opportunities as equitably as possible in each division.

6.7 FORM Of COMPENSATION

$

Full-time employees will be compensated for overtime in the form of compensatory time off or pay, to a

maximum aecumu]auon of forty (40) hours .At the chscretion of the supervisor and upon request trom theemployee. overtime tmtv be paid. The request for overtime pay must be made in advance ot Overti e worked.fhe District will give due consideration to any request for overtime pay. Employees must use any accumulatedcompensatory time off prior to using vacation time except when USC Of compensatory time results in the lossof vacation time. Compensatory time off shall be scheduled by mutual agreement between the supervisor andthe employee.

At the discretion of the District, employees will be allowed to carry over a maximum of 2t) hours at the end ofa calendar year. Employees shall be paid for compensatory time accumulated in excess of 40 hours during theyear or in excess of 20 hours at the end of a calendar year at their current fate. for the purpose of the contract,the end of the calendar year is defined as the end of the reporting period inTanuary.

Accrued compensatory time will be paid at the employcc’s current rate upon separation from the District.

6.5 NO PYRAMTDTNG

Compensation shall not be received twice for the same hours.

6.9 EXTRA I-TOURS

ihe District shall offer part—time employees available extra hours on a voluntary basis.

6.10 CALL BACK

l\fanagement may invoke a voluntary event call back whenever the planned staffing level is not sufficient tomaintain adequate staffing and service or for responding to an emergency during their off hours (burst pipe,fire, flooding etc.). Management shall maintain a list of employees who are interested in participating in eventcall back, and such opportunities shall be offered as equitably as possible from among these employees. Callback shall be compensated at the overtime rate (1.5 x time the employee’s straight time pay) which the employeemay take in ray. compensatory time, or flex time, at the employee’s dtscretion. Call back pay begins from thetime the voluntary event call back call is made and accepted but shall he for a minimum of two (2) hours.Neither interest in nor accepting event call back shall be mandatory.

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ARTICLE 7— MILEAGE AND PER DIEM

1he foUowing rates shall he reimbursed to employees who are required to use their personal vehicle or cashresources tot District business, to participate in field trips or training, and ate unable to return tO their normalplace oFwork during their regularly scheduled meal periods and when OUt of tO\vfl on District busincss.

Mileage: Established mileage rate prescribed by the General Services Administration (GSA), viewable athtip:/ /\v.asagov/mileage.

Meals: Established GSA meal rates, viewable at http://v.gsauov/miIeagc.

I odn I ct ibhshcd (‘, \ lodging i ite ie’ thic tt http / wwv ‘i cro’ / lodinngExceptions may be made with supervisor approval in advance.

An employee may request and receive an expense advance in accordance with these rates, at their discretion.

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ARTICLE 8— COMPENSATION

7.1 \‘C\GES

Employees shall be compensated in accordance with the current wage/salary schedule (see Appendix A).

Effective July 1, 2018 all employees shall receive an increase in salary and the ranges of the salary schedule shallbe increased by 3.S’u.

Effective July 1. 2019, antI july 1, 2020 the ranges of the salary schedule and all employees shall receive an

increase iti salary equal to the prior calendar year’s annual average of the West — Size Class B/c: CPI-U thoughwith a minimum of 2.5% and not to exceed 4.()’o.

7.2 MOVEMENT ON THE SCHEDULE

Employees will receive a three percent (3’’o) pay increase upon successful completion of their initialprobationary period.

Employees will receive a three percent (3%) pay increase on their annual review date.

7.3 LONGEVITY PAY

Employees who are at the top of their pay range will receive a one percent (1%) pay increase on their annualreview date.

7.4 EVALUATION APPEAL.

Evaluations mar he appealed in writing to the Division Director or in the Office of the Superintendent, theSuperintendent, within ten (10) workdays of receipt of the evaluation. The T-Iuman Resources Manager and

Division Director shall meet with the employee and make a determination it) writing withiti twenty (20)workdays. The determination shall be final and binding.

7.5 PROMOTION PLACEMENT

Promoted employees who receive reclassification or progressive advancement shall he placed in their new rangeat least five percent (5%) above their old rate of pay. The employee’s Perfotfllance evaluation date will remainthe same.

Employees promoted into a classification with a higher salary range shall serve a probationary period of three

1.3) months. Employees who do not this promotional probation or who voluntarily demote prior to thecompletion of their promotional probationary period shall be returned to their former position, if available.

7.6 PAYDAY

The District reserves the right to change paydays so long as the Union is notified of the change and given anopportunity to bargain the impact of the change.

7.7 DEFERRED (X)I\WENSATION

The District shall continue to allow interested employees to arnupate in a deferred compensation program.

7.8 SPECIAL EVENT PAY

Employees will receive their bargaining unit wage when working special events.

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ARTICLE 9— HEALTH AND WELFARE

9.1 I-IEAIJFH AND DENTAL INSURANCE

Except as may be moclihed as provided herein (see Section 8.4, during the specific term of this Agreement, theDistrict will pay the full Cost of the employee—only portion ot the health insurance for all employees. The Districtwill pay 80l’o of the dependent port on of medical insurance for frill-time employees. The District and the Unionagree to form an insurance benefit cornfliittee to research and recommend to the Board and the Union membershipany changes to the Insurance plan to reduce and/or control insurance costs. The committee will be comprised ofequal members of management and union and will strive tc) represent all depat-tments ot the district. The UnionRepresentative will be a member of the committee.

An employee who has health insurance coverage it.i addition to the coverage provided by the District may voluntarilyopt out of indlividual coverage provided by the district. Tf an employee chooses to exercise this option, the Districtwill compensat:e the employee with S20t1 in taxable wages for each month the employees exercises this option. Tfthe employee loses the additional coverage, the compensation will end the when insurance is reinstated. Theemployee may reinstate District Insurance coverage immediately if a qualifting event occurs or if not a qualifyingevent, during annual open enrollment.

Except: as may be modified as provided herein (see Section 8.4), during the specific term of this Agreement, thedistrict will pay lOt) percent of the employee-only dental insurance premm. All employees may acquire dependentcoverage for dental insurance by paving the full cost of the remaining premium.

9.2 LIFE AND LONC-TER1\i DISABILITY INSURANCE

The District will continue to provide life and long-term disability insurance benefits to bargaining unitemployees of the District who regularly work twenty-five (25) hours or more per week at the level in effect onthe slgning date of this contract. Less than full—time employees who were receiving these benefits pror to thisagreement shall continue to receive them so long as their employment status remains the same.

9.3 ELIGIBTLT1Y

All employees shall be elible for the above benehts on the first day of the month following the month inwhich the employee is hired.

The District’s obligation toward premium payments as provided herein shall cease on the first day of the monthfollinving the month in which there was a termination in employment.

9.4 CONTRACT REOPENER

The parties hereby agree that, should health insurance premiums increase by greater than fifteen percent (I5i)during each plan year, the District’s contribution toward the cost of dependent insurance premiums as providedherein may be modttted through an annual contract reopener. If either p1rty wishes to initiate such negotiatIons,said party shall provide notice to the other no later than January 1 of each year during the term of this laboragreement. Such notice and any subsequent negotiations that may result shall be considered governed by ORS243.650.

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ARTICLE 10— VACATION

10.1 _\CCRUAL

Full—time employees shall he eligible for paid vacation upon complenen of their probationary period. Vacatioii

benefits shall accrue ftorn date of hire of full-time employees as follows:

0-3 years (0-36 months) 10 days (6.7 hours per month)3—6 years (37—72 months) 13 days (8.7 hours per month)6-10 years (73-120 months) 17 days (11.4 hours per month)10+ years (120+ months) 20 days (13.4 hours per month)

Year—round part—time employees shall be eligible for paid vacation upon compietton of their probationaryperiod. Years of service will be based on date of hire in the bargaining unit for the purpose of determiningaccrual rate. Vacation benefits shall accrue for all hours worked on a pro-rated basis:

Employees will accrue vacation hours on a monthly basis.

Part-time employees who have accrued vacation as a matter of past practice shall continue such accrual for thelife of this agreement. No employee shall see a decrease in accrual of vacation benefits as a result of switchingto a 4-tier schedule effective on July 1, 201$.

it).2 ivL\NIMUM ACCRU\L

Employees may not accrue more than twice their annual accrual rate as specified above. In the event employeesreach their maximum accrual rate as a result of the District canceling a scheduled vacation, the employees mayexceed their maximum accrual until such time as their vacation can be rescheduled. Employees near maximumaccrual shall be given every opportunity to take time off to avoid any loss.

10.3 SCHF.DULING

Vacations will be granted or denied, subject to reasonable operating requirements, within five (5) working daysof the time received by the supervisor. Employees will makeall vacation requests using the District’stimekeeping system. The supervisor will return the approval or denial of the vacation request: to the employeein writing within five (5) working days. If approval or denial of the vacation is not received within the five (5)working days, the request Will be considered approved. If two (2) or more einployees request the same vacationleave and the District is compelled by operational requirements to limit the number of employees off at thesame time, the employee with the most seniority within the job classification within the employee’s divisionshall he gwen preference of choice for vacation periods. This seniority right shall be exercised only once perfiscal year.

Vacations requests shall not be unreasonably denied.

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ARTICLE 11— RETIREMENT

‘The Distrtct vil1 provide retirement henehts to fufl—time employees whc) have successfully passed their probationaryperiod.

The District will contribute ten percent (i1)°o of wages: of the ten percent (lO’u), four percent (4°) will be vestedimmediately anti six percent (6°’o) will he vested over a period of five rears in the plan.

It is understood that less than hill—time employees receiving retirement benefits prior to the signing of the originalagreement shall continue to receive those benefits.

For part-time c-mployees having continuous service in the bargaining unit for five years or who have worked 6,240 hoursin a bargaining unit sition, the District will contribute ten percent (lU’n); of the ten Percent (1 O’o), four percent (4%)will be vested immediately and six percent (6%) will be vested over a period of five years in the plan from the originalparticipation date. l-or full details of the retirement plan, see summary plan desci-ipnon.

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ARTICLE 12— HOLIDAYS

12.1. DESIGNATED HOT,IDAYS

The following holidays Will he recOliflized and observed by the date established by state statute anti Sf)

recognized and approved by the District:

New Year’s DayMartin I,.uther King Jr. l—ioliclavPresidents’ DayMemorial DayIndependence 1Da-Labor DayVeterans DayThanksgiving DayFriday after ThanksgivingChristmas DayAny other day declared to be a holiday by the Board

in addition, employees will be given the option of taking one (1) pro-rated floating clay, subject to operatingrec1ufrements of the District. This pro-rated floating day must be used in the calendar year given and does notcarry over.

1.2.2 HOLIDAY PAY

Full-time employees shall receive one day off for each of the holidays listed above. Part-time empiovees shallreceive a prorated day off based on the FTE the employee is assigned. For example: if an employee has a 0.75FTE (30 hours/week), the employee will receive six (6) hours of holiday pay. Should an employee be onauthori’.ed paid leave when a holiday occurs, such holiday shall not be charged against such leave and theemployee will be scheduled for another day off. Employees who are on short-term layoff during a holiday asdefined in Article 19.7 will be paid for the holiday.

Whenever an employee does not work a holiday but is compensated for that day, the day shall be considered aworkday for the ptose of computing overtime.

12.3 1-IOLIDAY WORK

Any employee required to work on any of the above listed holidays shall be compensated one and one—half (I—1/2 times their regular salary rate for all hours worked, but in no event shall the District be required to paytwice for the same hours.

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ARTICLE 13— SICK LEAVE

13.1 ACCRUAL

Full—time employees will accrue sick leave at the rate of eight (8) hours per month, beginning with theemployee’s date of hire. Sick leave shall not accrue beyond 72t) hours. Part-time employees shall accrue sickleave on a pro rata basis lii accordance with hours worked.

An employee made inactive who returns following a temporary layoff as defined in Article 19.3 or a leavewithout pay shall have previously accrued sick leave credits reinstated.

13.2 UTILIZATION

Lmpiovees are eligible to use leave for the purposes set forth in Oregon’s Sick Time Act, including:

A. Personal illness, physical disability, or employee-initiated use of the Employee Assistance Program;

13. The illness of a family member as defined by the Oregon Family Leave Act (OFLA) or the federalFamily and hiedical Leave Act (lMLA). Those are:

An employee’s mother, father, spouse, registered domestic parttier, child (biological, adopted,foster, step—child, legal ward, grandparent, grandchild stepmother, stepfather, father—in—law,mother—in—law. parent of registered domestic partner, a person with whom the employee is or wasin a relationship of in loco parcnds.

• Additional relationships recognized by the District for the use of sick leave are au employee’sbiological or adopted sibling, step—parent or step—child, registered domestic partner, and the patof the employee’s registered domestic partner.

• The District may requIre verification of the family relationship.

C. Doctor or dental appointments.

if possible, employees will schedule preventative health and/or dental care appointments during non—working hours.The District may require a health care provider’s verification of the need to use sick leave if the District has reason tobelieve that the employee is abusing sick leave or if the employee uses more than three consecutive work days of sickleave.

13.3 WORKERS’ COMPf,NSATION

Occupational injuries incurred on the job are covered by workers’ compensation statutes An employee may

request to use their sick leave accrual to supplemetit their salary up tc) their net pay.et pay” is the employee’s

gross salary at the time of the injury or illness, less deductions for federal and state income tax, FICA, Medicare.and other deductions mandated by law, plus Union dues, plus any sums the employee has voluntarily directedthe District to withhold.

In the event an employee chooses not to •use sick leave or depletes their sick leave accrual, the District shallcontinue to provide benefits as provided by state statute.

13.4 ABUSE

Abuse of sick leave is cause for disciplinary action.

13.5 (1ASH-OU’f

Upon termination or retirement, in recognition of the responsible use of employee sick leave and in recognitionof the concept of rewarding weilness, employees will he paid for unused sick leave hours at the followingpercentage rates as attached to years ot service:

Up to 5 years ot continuous service:

6—10 years ofcondnuous service:

11—15 years of continuous service:

Over 16 years of continuous service:

13.6 SICK LEAVE DONATION

10°o of unused sick leave

15°’o of unused sick leave200/o of unused sick leave

25°i of unused sick leave

Employees may donate sick leave, or vacation leave to employees in accordance with policy. An employee maydonate up to forty (40 hours of accrued sick leave per year so long as they maintain at least 160 hours of sickleave balance.

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ARTICLE 14— LEAVE OF ABSENCE

14.1 CR1TERL\ AND PROCEDURE

The District wil consider a written application for leave ot absence without not, to exceed 120 calendardays. The written application must describe the reason for the request and confirm a specified date at whichthe employee is expected to return to work. The District may terminate or cancel such leave by ten (10) days’written notice, mailed to the address given by the employee on their written application for such leave, in theevent of an emergency which requires the employee to return to work. Such leave shall not be approved for thepurpose of accepting employment outside the service of the District with the exception of accepting an officialposition with American Federation of State, County. and Municipal Employees (AFSCME); and notice that theemployee has accepted employment or entered into full-time business or occupation other than with AFSCMEmay be accepted by the District as a resignation.

The Superintendent: ma, at their discretion, extend leaves beyond the specified time.

Whenever an employee is granted a leave without pay, the employee shall first be required to utilize anyaccumulated paid leave time (excepting sick leave and up to 40 hours of vacation and/or floating holidays) priorto being placed on a leave without pay status.

Any employee who is granted a leave of absence without pay under this section and who for an reason fails toreturn to work immediately upon the expiration or termination of said leave of absence shall be considered ashaving resigned their position with the District. Employees returning t:o work from a leave of absence shall bereturned to work in accordance with provisions of Section 19.5.

Employees on leave without pay, for any reason, shall not accrue any benefits unless otherwise specified in thisagreement.

14.2 JURY DUTY/WITNESS

An employee shall be paid in full for time spent on jury duty. If the employee is released from duty early theemployee will return to work. All compensation, less mileage, will he transferred it) the District.

An employee subpoenaed as a witness in a court case will receive their regular rate ofpav while complying withthe subpoena during the regular workrng hours, provdecl the emph)vee isa disinterested party in the case orthe employee’s involvement is a result of the employee’s employment with the District. If the employee isreleased from court early, the employee will return to work. All compensation, less mileage, will be transferredto the District.

An employee will not receive compensation from the District if they are subpoenaed in a ccmrt case in whichthe employee has a personal or fiduciary interest outside their employment with the District. Annual leave maybe taken for such purposes.

The District will not provide compensation for any employee participating in action taken against the District.

14.3 BER1-iAVEMEI.T

In the event el death of an employee’s or spouse’s/domestic partner’s immediate or step-family membertparent, grandparent, grandchild, sibling, child, spouse, domestic partner, or other parent equivalenr, thesupervisor will approve paid bereavement leave up to a maximum of three working days. This leave time willnot be deducted from accumulated sick or vacation leave. The employee may take up to two weeks of OFL\leave to attend a funeral (or alternative ceremony), to make arrangements necessitated by the death of a familymember, or to grieve the death of a family member. in addition to the three paid working days, the employeemay usc any accumulated paid or unpaid leave time. The three days provided by the district will run concurrentlywith the two weeks of OFLA.

1$

14.4 IARENThL LEAVE

The District shall allow parental leave in accordance with state statute.

14.5 UNION I ,EAVE

Based on operational needs of the District, employees elected to any Union office or selected by the Union toattend conferences, seminars or conventions shall be allowed time ott without pay. Such leave shall be litiijtedto no more than two (2) employees at any one time.

14.6 FAMILY LEAVE

Family leave will be granted in accordance with state (OFLA) and federal (Fi\IIZA) law.

14.7 MILITARY LEAVE

Military leave shall be granted as provided by law.

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ARTICLE 15 — UNIFORMS AND EQUIPMENT

District uniforms shall he provided for all employees who are required to wear them. Repair or replacement throughordmary wear and teal- will be at the District’s expense. The joint labor/management committee will recommend satduniform to the District.

The District will also furnish at no cost to the employee all required safety equipment as well as approved footwear,gloves, rain gear and an insulated jacket, and shall adequately replace when necessary as determined by the Departmenthead or designee.

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ARTICLE 16— DISCIPLINE

16.1 DTSCTPLINE AND DTSCHARGE

Employees who have completed their initial probation period shall not be disciplined or discharged except forjust cause. Verbal and written warnings, other corrective counseling, and employee evaluations are notconsidered to be discipline and may not be grieved.

The discipline process shall include the toliowing:

Coi-recdve DisciplineA) Written Reprimand(s)B) Suspension(s)C) Demotion(s) and Transfer(s) arising fiUt of discipline, not trans ters arising out of other circumstances.D) Termination

Corrective discipline will normally be progresslve. Depending on the severity of the circumstances, theEmployer may issue multiple disciplinary actions at: the same level or skip levels.

for example, in unrelated and/or infrequent events, an Employee may receive multiple corrective disciplineactions. Similarly, for a severe offense, an Employee may i.ecetve appropriate corrective discipline withoutnecessal.1ly having received ptior counseling or lesser discipline.

16.2 PR( )BATIONARY EJPLOYiiEIhis article shall not apply to any employee on probation as defined in Article 17.

16.3 IMPOSITION

If a super-visor has reason to discipline an employee, the supervisor shall make reasonable effort to impose suchdiscipline in a manner that will not unduly embarrass the employee before other employees or the public.

16.4 DUE PROCESS

in the event the District believes an employee max’ be subject to discipline as set forth in Article 16.1. thefollowing procedural due process shall be followed:

A) The employee shall be notified of the charges or allegations thai may sttbject them to discipline. Notificationto the employee in this section shall include the Local Union Presiclent unless the employee designatesorhenvise.

B) The employee shall be nontied of the disciplinary sanctions being considered.

C) Prior to a final decision about discipline, the employee will be given an opportunity to refute the chargesor alleg:iuons either in writlng or orally in an in formal hearing.

D) At thei-rcqucst, the employee will be entitled to Union representation at the informal hearing.

E) The employee will be notified of the final decision, and if a grievance is filed,Step I of the grievance process can be skipped.

16.3 ]US’l CAUSE STANDARDS

for the purpose of this agreement, just cause shall be determined in accordance with the following guidelines:

A) The employee shall have some warning of the consequences of their conduct, unless the conduct is ot

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such a nature that no prior warning is necessary in the eves of a reasonable person.

B) If a rule or order is the subject of the alleged misconduct, it must be reasonable and appliedevenhandedly, if appropriate.

C) The District must conduct a .i.easonaNe investigation..

D) It must he determined, be a preponderai.ice of evidence, that the employee is guilty of the allegedmisconduct or act.

E) The discipline must be appropriatch- based on the severity of the misconduct or the actual or likelyimpact the misconduct has or would have on the District’s operation.

F) The employee’s pa employment record shall be considered, if appropriate, based on the seven ofthe act.

The above guidelines shall not preclude the Union from raising issues appropriate to defend employees in an arbitrationsetting.

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ARTICLE 17— PROBATIONARY PERIOD

Evet- employee hired into the bargaining unit shall serve a probationary period of six (6) months which maybe extended up to an additional six (6) months at the discretion of the Distrtct. Employees shall be given timelywnttcti notice otprobation extension and such notice shall include a description of the employee’s deticiencies.The l.Jnionrecogni%es the right of the District tC) terminate or dtsciphne ProbaUnnary employees fot aflV reason.

with or without cause, and any such discipline shall not constitute a violation of dus contract and shall not besubject to the grievance procedure.

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ARTICLE 18— SETTLEMENT OF DISPUTES

18.1 GRIEVANCE PROCEDURE

Any dispute concerning the application, tnterpretation, or entorcement: ut thjs agreement shall be resolved inthe following manner and sequen cc:

Employees are encouraged, but not required, to first attempt to resolve the dispute informall.

Verbal warnings, written waminis, other corrective counseling and employee evaluations are not considered tobe discipline and may nut be grieved.

Step 1. Affected employee(s), with or without Union representation, shall prcsent the grievance in writingwithin twenty-one (21) calendar days immediately following the date the employee or the Union had or shouldhave had knowledge of the grievance to the management team responsible for their supervision. Themanagement team shall consist of the employee’s immediate supervisor, Program Manager (where applicable),Manager (where applicable), the Division Director (where applicable), and the Superintendent. TheAdministrative Services Division Director will generally be present at all management team meetings under thisarticle.

At this and each subsequent step of the grievance procedure, the written grievance shall include:

(1) A statement of the grievance and the factual allegations upon which it is based;

(2) The section(s) of this contract alleged to have been violated;

(3) The remedy sought;

(4) The name and signature of the individual(s) submitting the grievance and the date of their signature.For grievances submitted via email, the name, signature and date requirements shall be satisfied bythe email account name and email send date.

The grievance shall be delivered to the Administrative Services Division Director or a designee for distributionto the appropriate management team.

\Vithin fourteen (14) calendar days immediately following their receipt of the grievance, the District willschedule a meeting to give the employee/Union an opportunity to discuss the grievance with the managementteam.

Within twenty—one (21) calendar das of the submission of the grievance at Step 1, the management team shallmake a decision regarding the status of the grievance and present same in writing to the emplovee/Umon.

Step 2. If the grievance remaIns unresolved and the Union wishes to pursue it further, they shall notify theDistrict Superintendent in writing within fourteen (14) calendar days of receipt of the management team’sresponse. Within the same time frame, the Union shall also request a list of seven (7) names from the StateConciliation service. The parties shall alternately strike one name from the list until only one name from the listremains. The Union shall strike first. The remaining individual shall be the arbitrator. The striking shall beconducted no later than fourteen (14) calendar days after receipt of the list.

18.2 ARBI’iRXIOR GUIDELThES

The arbitrator shall render a written decision within thirty (3t)) calendar days. ‘Ihe powers of the arbitrator shallbe limited to interpreting this agreement and determining if it has been violated. The arbitrator shall not havepower tc) alter, modify, add to) or detract frcim the terms of this agreement. The decision of the arbitrator shallbe binding on both parties. The arbitrator shall have jurisdiction over the grievance for up to forty-five (45)days after delivery of the decision and award to hear and resolve any post—decision motions, questions or

24

disagreements concerning its interpretation or application.

fees requrred by the arhiu-ator in advance of the hearing and/or the decision shall be split equally between theparties and promptly paid AIlfees and costs for the arbitrator’s set-vices and the proceedings shall bereimbursed by thc losing party to the paiy that the arbitrator designates as the prevailing party. if the arbitratordetermines that no party prevailed over another, the parties shall split equally and promptly pay all thearbit:rator’s fees and costs equally. Each party shall be responsible tor the cost t)f presenting its ()\Vfl Case to

aebi tnt ti on.

18.3 TIME LIMITS

All partres subject to these procedures shall be bound by the time limits contarned herein. if either party failsto follow such limits, the following shall result:A) If the grievant or the Union fads to respond in a timely fashion, the grievance may be pursued to the

management team level in the procedure, but it shall not be subject. tf) arbilcation.

B) If the District, at any step, fails to respond in a timely fashion, the grievance shall proceed to the nextstep.

All time limits specified in this article may be waived by the mutual written consent of the parties.

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ARTICLE 19 — SENIORITY

19.1 DEFIM’iION

Senioi.itv shall be established from the last date of hire and con tinue to accrue during all paid time in thebargaining unit. Part—time employees shall accrue seniority proportionate to the number of hours worked intheir workweek divided by 4t) hours.

Tn. the event two (2) or more employees were or are hired on. the same date, seniority ranking shall be determinedby the flip of a coin.

Seniority shall be terminated if an employee:

A) Resigns:

B) is discharged for just cause;

C) Is laid off and fails to respond to written notice as provided in this article, Section 19.6;

D) is laid off work for a period of time greater than eighteen (18) months;

B) is retired.

19.2 REDUCTION IN FORCE

Layoffs (defined in Section 19.3) shall be made within each job classification on the basis of seniority within aclassifcatien, not initial date of hire.

19.3 DEFINiTION OF A LAYOFF

A layoff shall be defined as any reduction in hours that would result in the change of benefit status or thecomplete elimination of a position. either of which is due to lack of work, lack of funds, curtailment ofprograms, or redirection/reorganization of the work being performed. Examples of a benefit status changeinclude but are not limited to changing from full—time status (40 workweek hours) to a part—time status (20—39workweek hours), or changing from part-time status (20—39 workweek hours) to a non-benefited, part-timestatus (less than 20 workweek hours).

1.9.4 BUMPING

An employee whose job classification is in one of the outlined job families (refer to Appendix B) and is subjectto a layoff as provided herein may hump into a lower classification provided said employee has more senioritythan the least senior employee in said lower classification, and said employee has the necessary skills, knowledge,and abilities to perform the work of the position to which said employee desires to bump. The District. shallsolely determine skills, knowledge, abilities, or need.

The pay rate for the employee bumping into the lower classification will be maintained at the current level,unless it is above the maximum pay range of the lower classification. In that case, the employee shall receivethe highest pay rate available in the lower classification range.

An employee wishing to exercise a potential bumping privilege as provided herein shall notify the District withintive (5i working days upon receipt of a notice of layoff.

19.5 RECALL

Employees shall be recalled from a layoff on the basis of their classification seniority so long as such recall is

26

within eightcen (18) months of their layoff date. Employees who bump into a lower classification or accept arecall to a lower classification shall retain recall rights to the employee’s original classification as long as theemployee continues k) accrue sentoritv.A laid—oft employee shall be offered recall to any lesser classificationfor which the employee is qualified as determined solely by the District:. The Districts determination ofqualification for the lesser classification is not grievable. The acceptance or refusal of the offer wiii not affectthe employee’s recall rights to the classification held at the time of layoff.

19.6 NOTTCE

The District accs to notify, in writing, employees and the Union President with as much nouficadon aspossible but not less than two (2) weeks prior to any la off except for short-term layoffs (see Article 19.7). TheUnion may suggest to the District an alternative Ic) a layoff.

It shall he the responsibility of the laid—off employees to keep the District informed of the address at whichthey may be reached, and reemployment shall be offered in person or by certified mail addressed tc) the lastaddress furnished by the employee. \Xhen an offer of reemployment has been made, the laid-off employee shalladvise the District of acceptance within one (1) calendar week and shall be able to report for duty within ten(10) days of the .recetpt of the notification by the District, unless prevented by circumstances beyond theircontrol from reporting within that time period. Any employee who fails to accept reemployment at theirprevious position when offered by the District in accordance with provisions of this article shall be deemed tohave forfeited all rights hereunder.

19.7 REDUCTION IN FORCE - SI-IORT-TERM

Due to low enrollment in the District’s youth summer camp, winter break camp, and spring break campprograms, a short-term layoff process is necessary.

Willamalane Summer Camps:

• The District will contact all Fnion staff schedctiecl to work in the program by 7pm on eachThursciay

to notify each employee of the status of work for the following week. During a holiday week, such as

july 4, the District may contact staff on an earlier day of theweek.

• Employees will notify tile District by lOam on Friday (the following day) if they will he able to take

the shift assigned.

• Employees will he recalled by seniorlty and may exercise bumping rights as stated in the contract.

• Employees wiii be able to utilize accrued vacation during weeks they have reduced scheduled hours.

• Union employees will be recalled prior to NBU staff.

• If an employee is on layoff status for an entire month or has hours reduced below 25 per week (first

of month to end of month), the District will offer COBRA coverage for health insurance.

Winter and Spring Break Camps:• The District will post a call for work assignments for Union staff 45 calendar days prior to the first

day of the camp program.

• Union staff will complete requests for work assignments 38 calendar days prior to the first day of the

camp program. Requests will be pnoritized by senIority.

• Th.e District will post i:entative work assignments (based upon Union staff requests’ 28 calendar days

prior to the first day of camp program. lentative work assignments will be based upon enrollment

his tory.

• ihe District will post final work assignments 7 calendar days prior to tile first day of camp program.

Final work assignments will he based upon actual enrollment figures.

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• Empkvees will he ahie to utilize accrued acadon during weeks they have reduced scheduled hours.

• Union employees will he recalled prior to NBL staff

Ifaior schedule changes (e.g. tnmesters, increased spring. winter, and summer break periods. etc.) to the school

year schedule implemented by Springfield Public Schools will impact camp programs. For this reason, Shortlerm Lavotfs will need to be reviewed by Union and i\Tanagemen t it major schedule changes occur.

2$

ARTICLE 20— STRIKES

20.1 NO STRIKE

The Union and its members, as individuals or as a group, Will not initiate, cause, participate or join in any strike,work stoppage, or slowdown, or any other restrictions of work at any location in the District during the termof this contract. Employees in the bargaining unit, while acting in the course of their employment, shall nothonor any picket line established in the District by the Umon or in’ any other labor Orgafli%atiofl when calledupon to cross picket lines in the hne of duty. Disciplinary action, including discharge. ma be taken by theDistrict against any employee or employees engaged in a vioiadon of this article.

20.2 UNION OBLIGATION

in the event of a strike, work stoppage, slowdown, picketing, observance of a picket line, or other restrictionof work in any form either on the basis of individual choice or collective employee conduct, the Union willimmediately, upon notification, attempt to secure an immediate orderly return to work.

20.3 LOCKOUT

There ‘ill he no lockout of emph.iyees in the unit by the District during the term of this agreement.

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ARTICLE 21— PERSONNEL RECORDS

21.1 FILES

There shall be only one (1) otticial personnel tile for each employee and that file shall be maintained at theAdministration Center. Employees may inspect and/or obtain a copy of the contents of their official personnelfile, except for confidential reports from previous emp]overs. in the presence of an authorized Districtrepresentative. Upon the written re9uest of the affected emph)vee, material reflecting adversely on theirpersonnel ide will he removed from the employee’s personnel hie after two (2) years in their file.

21.2 c;RIEVANCES

No grievance material shall be kept in employee pei:sonnel files after the grievance has been resolved, exceptthe resolution itself.

21.3 SIGNATURE REQUIREhIENT

N information reflecting critically upon employees shalt be Placed in their personnel files that does not beartheir signature unless the document is a temiftiation notice. Employees shall be rec1uircd to sign such documentstc) be Placed in their personnel file provided the following disclaimer is attached:

“The employee’s signature on1y acknowledges receipt.”

If an Employee refines to sign the document, tue Employee’s supervisor shall note the date and time of therefusal on the document and sign it. if an employee is not available within a reasonable period of time to signthe material, the District may place the material in the file provided a statement has been signed by t”,vo (2)District representatives that a copy of the document was mailed to the employee itt their address of record.

21 .4 WIUTYEN RESIN )NSF.

If employees believe that any of the above material is incorrect or a misrepresentation of facts, they shall heentitled to prepare, in writing, an explanation or opinion regarding the adverse material. This response shall beincluded as part of their personnel file until the material is removed. It is understood that verbal warnings,written warnings, other corrective counseling and employee evaluations are not subject to the grievanceprocedure.

21.5 OThER INCLUSIONS

Employees may include in their personnel files copies of any relevant material they wish, such as letters offavorable comments, licenses, certificates, cotlege course credits, or any other material that is job-related.

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ARTICLE 22— GENERAL PROVISIONS

22.1 INCLEMENT \VEAT[IER

If the Superintendent announces the closure ot the District due to inclement veathet’. employees will be paidfot- such leave time [or a maximum of two (2) days per rear. In the event the District remains open duringinclement weather, leave time taken by an employee will be charged against vacation, compensatory time, orleave without pay.

The District may lnstimte a shift change, close or cancel a program, or modify duties (for example, workingindoors, issuing additional personal protective equipment, extending breaks, etc.) due to adverse or inclementweather conditions, per Article 6.1.

22.2 PROCEDURES AND RULES

The District’s procedures and rules shall be applied consistently.

The District agrees to provide the Union with copies of all changes to policies, procedures, and work rulesaffecting the bargaining unit. ‘i’he Union may demand to bargain all changes that impact mandatory subjectsof bargaining. in that event, the parties shall be governed by ORS 243.698 (expedited ba.rgainingi.

If the District believes that an emergent safety concern requires a temporary change be implementedimmediately, the parties agree that they shall meet and bargain as soon as possible after implementation.

22.3 LOSS Of \VORK SITE

l-.mplorees experiencing sudden loss of work site due to a major breakdown, and thus a temporary interruptionof work, will be reassigned if at all possible. lf not possible. employees will be retained at their normal rate ofpar for up to nyu (2) workdays. After this time. employees will use theirvacation and/or compensatory accountsand following that will be ]aid oft’.

22.4 ETILIZATION OF FACLlT1ES/PROGIt\l1S

Employees and their immediate household family members and legal dependents (familv mar utilize Districtfacilities as frillows or per District po1ic’ whichever is more advantageous to the employee:

A) Pools: F.rnplovees and their families may use Districi: swimming pools at no cost any time they areOCfl to the public.

B) Bob Keefer Center fcr Sports and Recreation: Employees and their families mar join the Bob Keefe.rCenter htness center free of charge.

C) Non-reimtered Special Events: All employees and family at no cost.

D) Rentals: Employees shall receive a 251;o discount at the in-District rate for District rentals. The Districtreserves the right to limit or exclude specific facilities and/or equipment.

E) Proerams: Employees and family shall receive a twenn’-five percent (25°’o) discount from the In-District rate for program registrations one week prior to the beginning of the program. Incidentalprogram fees (contractual fees, admissions, fares, food) must be paid in addition to twenty-five percent(25°’o) discount. This applies to programs registered in person. The discount is not eligible for on—lineregis traton.

\Vith the exception of pre-school tuition, employees will receive a fifty lercent (5h) discount on tuition of child care

31

programs, including full-day camps, operated by the District.a) Depenclen t children only. (District may reques verification of relationship to employee).

b) Registration. late charges, and other fees related to the program will be assessed at fullprice.

c) Out-of-District employees will be assessed the in-District rate before the fifty percent (5O’o)discount is applied.

U) Employees and dependent children are subject to all guidelines outlined in the patron handbooks.

e) The District reserves the right to make arrangements so that dependent children are not supervisedby a parent who may be employed in the child care programs.

22.5 WORKTNG OUT OF CLASS

Employees required to work in a job classification with a higher pay range fur sixteen (16) hours or more duringa pay period, shall receive premium pay except when the employee is enrolled in a specific departmental trainingprogram that does not exceed six (6) weeks. The employee shall be given written verification of the specifics ofsaid training program. If the required work in a job classification with a higher pay range is anticipated clue toanticipated leave of an employee, the 16 hours will be waived.

Premium pay shall be the beginning step of the higher classification range or five percent (5%) above the employeesregular salary whicheve.r is greater), commencing with the 17th hour of the assignment and cofltitiulng until it 15

teumnated.

22.6 JOB OPENINGS

Notice of all job openings within the bargaining unit shall be posted on bulletin boards and emailed to all staffwho have District email addresses for a period of seven (7) calendar clays, with a copy emailed to the Unionbefore being posted externally.

All internal candidates who meet the minimum qualifications shall be afforded an interview prior to externalcandidates being interviewed.

The requirement of prior posting and prior interviewing may he waived by mutual written agreement.

22.7 JOB SHARING

Upon mutual agreement of the supervisor and the affected employees anti after notice to the Union, job sharefor Full—time positions may be implemented. job share employees will receive benefits as prescribed herein forthe employee’s combined FTE. Individual salary review dates will be established for job share employees.

101) share requests shall not be unreasonably denied but if denied shall not be subject to the grievance irocedure.

22.8 BACKUP COVERAGE

In the event an employee is sick, the employee shall not be required to secure a replacement for their position.in all other situations of leave, the District will supply the employee with an up—to—date list of potentialreplacements.

22.9 DRUG AND ALCOHOL TESTING

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Drug and alcohol testing will be performed on any employee whose pe Ormance on the job is impaired by thesuspected use of drugs or alcohol as outlined in the Personnel Policy. (‘ills will be initiated on the basis ofreasonable SUspiCtOfl.)

Drug and alcohol testing as regulated by the lederal Department of iransportation will be performed onemployees who are requited by the District to hold a commercial drivers’ license. Drug and alcohol testing willbe performed on authotized district drivers as outlined in the Personnel Policy. The District or Union mayreqtiest to reopen this subsection if any changes are made to the Department of Transportation rules andretulation .

Please refer to the Vcillamalane Personnel Policy for specific information regarding drug and alcohol testing.

22.10 CALL TIME

If a work assignment is canceled, the District will make every reasonable effort to contact the employee who is

scheduled to work. If the District is unable to contact the employee and the employee reports to work, the

employee shall be reassigned to other available and suitable work if possible. If there is no other available andsuitable work the employee wtll be paid tWO (2) hours of pay and be relieved from duty.

If an employee receives a call regarding work issues that are of an emergency nature during non-work time, theemployee will be paid 30 minutes for the call or the actual time of the call if over 30 minutes. Full-timeemployees will lie allowed to accrue comp time and Part—time employees will lie paid for the time. if anemployee incurs overtime for the call, comp ttme or paid time will be incurred at time and a half (1.5).

22.11 INTERNSII1PS

The District will use internships to develop and enhance students in their puint of on—the—job training. Theuse of interns will not displace bargaining unit employees.

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ARTICLE 23 — SAVINGS CLAUSE

Should any portion ot this contract be held contrary to law, such decision shall apply only to the specitic pollion

thereof directL speciheci and all other provisions of this agreement shall remain in full force and ettect for theduration of this agreement. Lpoti such declaration, the parties agree to immediately negotiate a substitute, if

possible, for the invalidated portion thereof.

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ARTICLE 24— TERM OF AGREEMENT

This agreement shall be effective as of Iulv 1, 2018, unless othenvise specified herein and shall continue in effectthrough June 30. 2021. The agreement shall automatically be renewed trom year to year thereatter unless one of theparties notihes the other of their intent to negotiate a Successor agreement by December 1 p1-br to the expiring yearof the agreement. Duplicate originals of this i\grccment exist; one for each party.

Signed fbr \ViDamalane Park & Recreation District by:

“I iIWargdS perintendent

Date: J3O//

Signed for AFSCME Local 3512 he:

Spencer çfordLocal President

%A1

-

Erin RiceJT11j, Bargaining leain

Union Bargaining Team

Emil RanUnio rgaining fcam

Antonio (jisbertAFiSCME Council 75

Date:

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APPENDIX A

NOTE: Dtiring the term of this contract, the Wage/Salary Schedule will be updated at thebeginning of each fiscal year or to comply with a mandatory minimum wage increase.

WILLAMALANE PARK AND RECREATION DISTRICT FY 19WAGE/SALARY SCHEDULE for ALL BU POSITIONS 3.5% colaEffective July 1, 2018 for Salaried EmployeesEffective June 24, 2018 for Hourly Employees

Range Job Title Hourly Range Monthly Range* Yearly Range*

C Activity Leader 11.68 - 15.77 2,025 - 2,733 24,294 - 32,802E Program Leader 13.38 - 18.05 2,319 - 3,129 27,830 - 37,544F Customer Serv II 14.37 - 19.40 2,491 - 3,363 29,890 - 40,353

Main Aide IllOffice Assistant II

H Aqua Shift Lead 15.65- 21.13 2,713- 3,663 32,552- 43,950Customer Serv IllOffice Assistant IIIPurchasing ClerkSite Coordinator

I Muftimedia Assistant 17.13- 23.14 2,969- 4,011 35,630- 48,131Park Aide IV

J Accounting Clerk 18.76 - 25.32 3,252 - 4,389 39,021 - 52,665Customer Serv Spec IVOffice Assistant IVPark Specialist I

K Accounting Asst 20.56 - 27.76 3,564 - 4,812 42,765 - 57,741Administrative AsstAdministrative AnalystBuildg Main Spec IICustodian IIGIS TechnicianInformation Serv SupportRecreation/Program CoordinatorStructures Assistant

L Administrative Coordinator 22.49 - 30.35 3,898 - 5,261 46,779 - 63,128Aquatics Specialist-Pool OperatorIrrigation Specialist IINatural Resource SpecialistPark Specialist IISoftware Support CoordStructures Assistant II

M Data & GIS Specialist 24.62 - 33.24 4,267 - 5,762 51,210 - 69,139Mechanic/Equipment SpecialistPublic Affairs Coordinator

N Electrician 26.98 - 36.42 4,677 - 6,313 56,119 - 75,753Landscape Designer PMPlanner

0 GIS Analyst 29.54- 39.88 5,120- 6,913 61,443- 82,951Horticulture Program ManagerLandscape ArchitectNatural Resource Planner

P Senior Planner 32.34 - 43.66 5,606 - 7,568 67,267 - 90813

* Based on full time equivalent.

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APPENDIX B

JOB CLASSIFICATIONS ELIGIBLE FOR BUMPING

Park Specialist H!

Park Specialist I

Park Aide I’V

ParkAide III ]

j Office Assistant IV I Custodian II

Office Assistant III Custodian IJ

Custodian Aide III

tStructurcs Assistance II Customer Service Specialist IV

Structures Assistani! Customer Service Specialist liiiI

Customer Service Specialist II!

Teacher Building Maintenance Specialist H!

Assistant Teacheil Maintenance Aide HI!

\l1 other jOl) classifications in the bargaimng unit will not be eligible for bumping.

\lco1u/dtc: )—1 3—2017

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