Post Chapter 20

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Preamble

This agreement entered into by the City of DesMoines, Iowa hereinafter referred to as the "City"and the Central Iowa Public Employees Council, hereinafter referred to as the "Union" has as its purpose the promotion of harmonious and cooperative relations between the City and the Union.

ARTICLE I - Recognition

Pursuant to and in accordance with all applicable provisions of the "Public Employment Relations Act"of the State of Iowa,hereinafter referred to as the"Act"and in recognition of the Public Employment Relations Board's certification of said Central Iowa Public Employees Council, the City does hereby recognize the Union during the term of this Agreement for all employees of the City included in the "Unit Classifications and Salary Range Assignments" as listed in Appendix "A"of this Agreement, for the purpose of representing such employees on matters of base wages and other matters mutually agreed upon in Section9 of the Act.

ARTICLE II - Non-Discrimination

In accordance with the City of Des Moines Equal Opportunity Policy Statement and applicable state and federal laws, the Union and the City agree not to discriminate against any employee on the basis of race, ethnicity, color, age, religion, sex, national origin, and physical and mental disability.

Disputes concerning this Article shall not be processed through the Grievance Procedure in this Agreement, but shall be resolved through other appropriate procedures such as the City's Internal Complaint Procedure, or orher remedies providedby law.

ARTICLE III Union - Management Relations

All formal negotiations or bargaining with respect to the terms and conditions of this Agreement shall be conducted by authorized representatives of the Union and such authorized representatives of the City.

Agreements reached as a result of such negotiations shall become effective only when signed by authorized representatives of the parties.

ARTICLE IV - Management Rights

Except as specifically modified by this Agreement, the employer shall have, in addition to all powers, duties and rights establishedby constitutional provision, statute, ordinance, charter or special act, the exclusive power, duty and right to:

1. Direct the work of its employees.
2. Hire, promote, demote, transfer, assign and retain employees in positions within the agency.
3. Discipline, including: reprimand, suspend, demote, terminate and relieve employees.
4. Maintain the efficiency of governmental operations.
5. Determine and implement methods, means, assignments and personnel by which City operations are to be conducted.
6. Take such actions as maybe necessary to carry out the mission of the City government.
7. Initiate, prepare, certify and administer its budget.
8. Exercise all powers and duties granted to the City by law.

ARTICLE V - Department Procedures and Rules

The City may from time to time adopt and publish changes in existing departmental procedures and rules. Such changes shall become effective only after they have been prominently posted on appropriate employer bulletin boards for a period of ten (10) work days. All employees shall comply with the work rules.

ARTICLE VI - Hours of Work

Section A. Work Week
The work week for regular full-time employees shall generally consist of consecutive days, Monday through Sunday.

Section B. Lunch Period
All employees shall be allowed a lunch period which shall be scheduled generally in the middle of the work shift. Lunch period shall be scheduled as to time and duration in accordance with the prevailing departmental rules and regulations. However, a lunch period shall not be less than thirty (30) minutes nor more than one (1) hour.

Section C. Rest Breaks
All employees shall be entitled to one (1) fifteen (15) minute rest break during the first four (4) hours of their work schedule and one (l) fifteen (15) minute rest break during the following four (4) hours of their work schedule.

Employees required to work 10 hours or more in one day shall receive an additional fifteen (15) minute rest break between the 8th and 9th hour.

ARTICLE VII - Overtime

Section A. Definition
Overtime is all time worked in excess of a full-time employee’s regularly scheduled number of daily hours for a regularly scheduled day regardless of the day of the week; and all hours actually worked in excess of forty (40) hours in a work week.

Holiday time taken on the day the holiday is observed will be counted as time worked for the purposes of calcualating hours worked in excess of forty (40) hours in a work week.

Section B. Procedure
All overtime work shall be held to a minimum consistent with efficient operation and provision of essential services. However, when overtime work is required, each employee is expected to accept and work such assignments.

Overtime assignments will be made in such a way that the functions of the City service will be most effectively completed. All compensable overtime must be performed at the direction of the department director or his/her authorized representative. Overtime credit may not be accrued without such authorization.

The times when compensatory time off may be taken shall be at the discretion of the department director, although the employee's desires shall begiven consideration whenever possible. When compensatory time off is ordered by the department director or requested by the employee, reasonable advance notice shall normally beprovided.

Employees who are required to work on their second scheduled day off shall be compensated at doubletime for the hours actually worked.

ARTICLE VIII - Settlement of Disputes

The parties agree to act in good faith to resolve any grievance presented by an employee. Such grievances must be presented at the first (1st) step of the procedure within five (5) working days of the incident giving rise to the complaint or the date upon which the employee can reasonably be expected to have become aware of the incident.

Section A. Procedure

Step I. The employee having a specific grievance shall take it first to the immediate supervisor. Such supervisor must respond within three (3) working days.

Step II. If the matter has not been resolved the employee shall then, within five (5) working days of the receipt of the Step I answer, present the written grievance(s) to the division head, who shall respond in writing within seven (7) work days.

Step III. If the matter has not been resolved, the employee shall then, within seven (7) work days of receipt of Step II answer, present the written grievance to the department director, who shall respond within seven (7) workdays.

Step IV. If the matter has not been resolved, the employee shall then, within ten (10) work days, present the written grievance to the City Manager. He/she shall respond within fifteen (15) work days.

The decision of the City Manager shall be final and binding upon both parties.

Section B. Limitations
The failure of the employee to appropriately present the grievance within the specified time limits shall render the matter resolved and not subject to further appeal.

All written grievances must be signedby the affected employee(s).

When necessary in investigating and settling grievances, employees and the irrepresentative, if employees of the City,shall be released from work without loss of pay for a reasonable time provided supervision is given sufficient advance notice to adjust work schedules.

All time limits contained in this article may be extended by mutual agreement.

ARTICLE IX - Union Stewards

Section A. Activities
The Union may appoint certain employees to serve in the capacity of steward. The Unionwill take all reasonable measures to assure that such stewards are knowledgeable of the irrespective responsibilities. A steward may receive, investigate and settle minor complaints and grievances, but shall not solicit such complaints.

Section B. Designation
The total number of stewards shall not exceed three (3) per 100 in unit, and will be designated so as to provide reasonable accessibility by bargaining unit personnel.

Section C. Investigation Procedure
Stewards shall be permitted to leave their work area upon request to their supervisor, except in instances where the work load does not permit, for the purpose of investigating a grievance or complaint in their assigned area. Whenever a steward enters a work area for the purpose of such investigations, the supervisor must be so notified and informed of the investigation. Stewards shall suffer no loss of their regular pay for the normal work shift when properly excused by their supervisor. However, time spent in the grievance investigation shall be kept reasonable and commensurate with the circumstances of the matter at issue. Normally, such time should not exceed one (1) hour at the first or second step of the grievance procedure.

ARTICLE X - Probationary Period

Section A. Civil Service Positions
All original appointments shall be subject to the serving of as six (6) month probationary period, which shall be considered as part of the examining process.

Section B. Non-Civil Service Positions
All original appointments to non-Civil Service positions shall be subject to the serving of a twelve (12) month probationary period.

ARTICLE XI - Procedures for Filling Vacancies

Senior employees in a specific classification in a department may have preference for shift assignment.

Prior to the general notice, senior employees in a specific classification within a division may have assignment preference.

When filling vacancies in classifications assigned to salary range 19R and below, the City may give consideration to the CIPEC seniority of those employees being considered. In those instances where minimum qualifications are met, and when the factors of ability, aptitude and previous work record are reasonably equal, seniority may prevail and the most senior employee maybe selected.

ARTICLE XII - Temporary Upgrade

It is recognized that employees may from time to time be required to perform the duties of a higher level classification. Upon the first occasion during any calendar year the employee will be paid at the rate of one step (approximately 5%) above his/her present rate or the first step of the higher classification which ever is greater for each consecutive hour worked beyond the first five consecutive working days. On subsequent temporary assignments to the same classification, within the same calendar year, the employee will receive said additional pay upon the completion of five consecutive work days for those five days plus any consecutive time thereto.

Employees who receive seasonal or annual temporary upgrades to a given classification shall accumulate time toward step increases in pay. Therefore, as an employee accumulates a total of six (6) full months in such higher classification he/she shall be eligible to receive a one-half (1/2) step increase in pay. The employee shall then be paid the higher rate of pay for subsequent seasonal temporary appointments to that classification. After accumulation of each additional full six (6) month period in said classification the employee shall be eligible to receive an additional one-half (1/2) step increase until reaching the top step of the pay range.

ARTICLE XIII - Holidays

Section A. Designated Holidays
The following ten (11) paid holidays will be observed:

1. New Years Day
2. Memorial Day
3. Independence Day
4. Labor Day
5. Veterans Day
6. Thanksgiving Day
7. The day after Thanksgiving
8. Christmas Day
9. An additional Christmas Holiday
10. The employee's birthday (which may be used on or after the birthday)
11. Martin Luther King, Jr. Holiday

Section B. Eligibility
All regular full and part-time employees and full-time and part-time probationary employees shall be eligible for paid holidays.

Section C. Administration
Employees shall have eight (8) hours added to their holiday bank as each designated holiday occurs. Accrued holiday hours shall be taken within twelve (12) months of the designated holiday.

Holidays which fall on a Saturday will be observed on the preceding Friday. Holidays which fall on a Sunday will be observed on the following Monday.

When a holiday comes during a leave of absence for which an employee receives compensation, i.e., vacation, sick, compensatory, or emergency, holiday pay will be provided on the prescribed holiday.

Any employee who is on an unpaid leave of absence of seven or more calendar days is automatically ineligible for any holiday compensation during the leave of absence.

However, any employee who is on an approved unpaid leave of absence of less than seven calendar days may be compensated for recognized holidays occurring during the leave provided the employee requested such leave in advance of the absence and that the request was approved by the employee's supervisor and departmentd irector.

Employees who are required to work on a holiday (observed or actual) shall be compensated at double time for the hours actually worked for either the observed or actual holiday, but not both.

Section D. Additional Christmas Holiday
When Christmas falls on Tuesday, Wednesday, Friday or Saturday, in addition to the legal holiday observance, the preceding work day shall also be observed as a holiday. When Christmas falls on Sunday, Monday, or Thursday, in addition to the legal holiday observance, the following work day shall also be observed as a holiday.

ARTICLE XIV - Leaves

Section A. Leaves of Absence

(1) Emergency Leave

a) In case of death in the "immediate family, "a permanent employee may be granted a leave of absence with pay up to seven (7) calendar days by the department director. "Immediate family" is defined as spouse, child, step-child, parent and step-parent.

b) In the case of death in the "family," a permanent employee may be granted a leave of absence with pay up to four (4) calendar days by the department director. "Family" is defined as father-in-law, mother-in-law,brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, grandparents, spouse's grandparents, grand child and any other relative living in the same household.

c) In the case of death of an aunt or uncle a permanent employee will be granted a leave of absence with pay of one (1) working day.

d) If the situation warrants an extension, the department director may grant up to an additional three (3) calendar days. A written explanation of any such extension must be filed with the City Manager.

Section B. Absence Without Leave
If an employee shall, without proper authorization,be absent from duty, whether for part or all of a working day or for a longer period such absence may be grounds for disciplinary action or discharge. Absence without leave for any three(3) consecutive duty shifts may be considered automatic voluntary resignation by the employee.

ARTICLE XV - Vacation

Section A. Eligibility
All regular full-time and part-time employees, who have completed their probationary period, shall be eligible for vacation leave upon accrual.

Continuous service shall be terminated by resignation, dismissal or retirement. If an employee so terminated receives a subsequent reappointment,no credit will be given for the period of service prior to the termination. Continuous service shall not be considered broken if an employee:

1. Is on military leave of absence and returns to City employment in accordance with Federal and State Law.
2. Is on authorized leave of absence or on a temporary suspension without pay. However, no credit shall be allowed for time for employees suspended or on leave without pay for over thirty (30) consecutive calendar days, and additional time equal to the loss of service must be served to qualify for vacation.

Section B. Accrual
Vacation leave shall be accrued as follows:

1. Vacation leave for all permanent, full-time employees with less than seven (7) years of continuous service shall be at the rate of ten (10) working days (or eighty (80) hours) for each twelve (12) months of active City service.
   
   
2. Vacation leave for all permanent full-time employees who have completed seven (7) years or more of continuous service, but no more than twelve (12) years, shall be at the rate of fifteen (15) working days (or one hundred twenty (120) hours) for each twelve (12) months of active City service.
   
   
3. Vacation leave for all permanent full-time employees who have completed twelve (12) years or more of continuous service, but no more than nineteen (19) years, shall be at the rate of twenty(20) working days(or one hundred sixty (160) hours) for each twelve (12) months of active City service.
   
   
4. Vacation leave for all permanent full-time employees who have completed nineteen (19) years or more of continuous service shall be at the rate of twenty-five (25) working days (or two hundred (200) hours)for each twelve (12) months of active City service.
   
   
5. Vacation leave shall be accrued by permanent part-time employees for each twelve (12) months of continuous and active City service at the rate prescribed for permanent full-time employees in proportion to the hours worked per week as measured against the hours worked per week by the permanent full-time employee.
   
   
6. Probationary employees shall accrue vacation during probationary periods, but shall be ineligible for such vacation until they become regular employees and have completed their probationary period. In the event of their separation prior to their regular appointment and completion of their probationary period, they shall be ineligible for vacation payment upon termination.
   
   
7. An employee shall continue to accrue vacation while on any other compensated leave.

Section C. Administration
Vacation leave shall be administered as follows:

1. All vacation leave and schedules must be approved by the department director and filed in the prescribed manner with the Human Resources Director. In approving such schedules, the department director shall consider the needs of the City service and the seniority and wishes of the employees.
   
   
2. Vacation leave shall be charged as used in amount of not less tha none-half (1/2) day.
   
   
3. When a holiday occurs during an employee's assigned vacation and the employee is regularly entitled to the holiday, it will not be counted as part of the vacation time.
   
   
4. Vacation must be taken within a twelve (12) month period after the completion of the year in which it is earned unless written authorization extending this period is obtained from the department director and City Manager.
   
   
5. Accrued but unused vacation will be paid upon termination not to exceed two times the employee’s annual accrual rate.
   
   (a) Employees with balances in excess of two times their accrual rate as of June 17, 2018 will be paid their accrued but unused vacation upon separation not to exceed their accrued but unused vacation balance as of June 17, 2018 upon separation.

ARTICLE XVI - Sick Leave

Section A. Eligibility
All regular full and part-time employees and full-time and part-time probationary employees shall be eligible for paid sick leave.

Section B. Accrual Sick Leave shall be accrued as follows:

1. Sick leave shall be accrued for all regular full-time employees at the rate of one work day for each month of service with no limit to accumulations.
   
   
2. Sick leave shall be accrued for regular part-time employees at the rate prescribed for regular full-time employees, but such accrual shall be inproportion to the hours worked per week as measured against the hours worked per week by regular full-timeemployees.
   
   
3. Sick leave shall be accrued by probationary employees at the rate prescribed for regular full-time and part-time employees.
   
   
4. Any employee shall continue to accrue sick leave while on any other compensated leave.

Section C. Usage Sick leave shall be granted under the following circumstances:

1. Physical incapacity not incurred in the line of duty.
2. Personal illness, including medical, dental or optical appointments during working hours, or during an employee's pregnancy or normal recovery period as directed by a licensed medical physician.
3. Enforced quarantine of employee in accordance with community health regulations.
4. Serious illness of an emergency nature of the immediate family (spouse, child, parent, sibling).
   
   "Emergency nature" generally refers to an unplanned illness, accident or unscheduled doctor's visit involving an urgent or life-threatening condition. Such emergency is normally considered to cover only one 24-hour period. Thus, a maximum of 8 hours of sick leave could be authorized. However, up to a maximum of 10 calendar days may be approved in cases involving hospitalization for a "serious" or life-threatening condition and up to one full day for outpatient testing which involves "serious" medical conditions.
   
   
5. The first day an employee's immediate family member becomes ill and requires the attention and/or care of the employee.
6. A member of employee's immediate family is scheduled for outpatient testing involving serious side effects or potentially serious results. The employee may use up to one day (8 hours) of sick leave.

Section D. Administration
Sick leave shall be administered as follows:

1. Requests for sick leave shall normally be made at least 15 minutes prior to the beginning of work for that day.
2. Sick leave shall be chargeable only when used on regularly scheduled work days or work periods and not on vacation time.
3. Department directors have the right to verify the reported sickness of an employeeand may require a doctor's certificate for absence due to sickness. The certificate must state the kind and nature of sickness or injury and whether the employee has been incapacitated for work for said period of absence.
   
   In individual cases, if there is a sufficient reason to believe the employee may be abusing their sick leave, the employee shall first be given an oral warning. If the employee's leave pattern continues, a medical certificate will be required for all absences of sick leave and the employee will be advised in writing that all future requests for sick leave must be supportedby an acceptable medical certificate. Abuse of sick leave shall be cause for disciplinary action up to and including dismissal. 

ARTICLE XVII - Safety,Health and Welfare

The City shall make reasonable provisions for the safety and health of employees during the hours of their employment, and shall provide protective devices and othe requipment necessary to protect the employees from injury or illness in conformance with statutory requirements.

Employees are expected to follow the established City procedures for reporting occupational injuries and illness to their supervisors and the Employee Health Clinic. Authorization from the Employee Health Clinic is required for all outside treatment, except in the event of an emergency. The use of unauthorized medical, prescription and hospital services is not recoverable from the City.

ARTICLE XVIII - Payroll Deductions

An employee may authorizedeductions fromhis/herpay forthefollowingpurposes:

1. Credit Unions
2. United Campaign Fund
3. Deferred Compensation
4. Any other deductions which may be mutually agreed to and not otherwise prohibited by state law.

ARTICLE XIX - Use of Bulletin Boards

The City will provide reasonable space, for official union business, on each bulletin board in each work area of the unit. Use of the boards shall be limited to five (5) general types of notices:

1. Listing of Union officers and officials
2. Union meetings
3. Union elections
4. Union recreational and social events
5. Union educational notices

ARTICLE XX - Seniority

Seniority is determined by the length of continuous unbroken serviceas a regular full-time employee of the City. In computing seniority periods of employee suspension and leave of absence without pay (except for personal illness, injury, or as otherwise authorized by the City) in excess of thirty (30)cumulative working days per year shall be deducted from the employee's time of seniority. It is important to note any difference between "seniority date" and "adjusted start date."

ARTICLE XXI - Wages

Section A. Compensation
Each employee shall be compensated in accordance with the respective classification title and corresponding salary rangeas setforthinAppendix "B." TheCityproposes a one and one-halfpercent (1.50%)across-the-boardincrease effective July 1,2018;twopercent(2.00%) effective July 1,2019; and twopercent(2.00%)effectiveJuly 1, 2020.

Section B. Within Grade Salary Increases
After appointment or promotion, an employee shall be eligible for a pay increase to a rate midway between his/her entrance rate and the next higher step upon the satisfactory completion of the appropriate probationary period. Then, upon the completion of twelve (12) months service, the employee shall be eligible upon proper recommendation, for an additional one-half (1/2) step increase to the next higher rate of pay. The employee shall then be eligible, upon proper recommendation, on that "anniversary date" for annual one step increases until the top step of the assigned range is reached. Any salary increase granted in advance of the "anniversary date" shall establish a new "anniversary date" for the purpose of future step increases.

Any step increase delayed for cause, shall not establish a new "anniversary date" for the purpose of future step increases.

Such pay adjustments shall be made effective at the beginning of the pay period during which the required qualified service and assigned requirements are reached.

Section C. Transfer Pay
When an employee is transferred to a position in the same or another class, which class is assigned to the same pay grade as the employee's former class, he/she will be entitled to the corresponding step in the grade of the class to which transferred.

Section D. Promotion Pay
Upon promotion to a classification having a higher pay range, the employee shall receive an increase in pay equal to one (1) step in the salary range or the first (1st) step of the newly assigned range, whichever is greater.

Section E. Reporting Pay
If an employee reports for work at his/her regular time and place but is sent home by the supervisor because work cannot be performed, such employee shall be paid a minimum of two (2) hours pay at their regular straight time rate.

Section F. Recall Pay
When an employee, after completing a regular shift and leaving work is recalled to work, he/she shall receive a minimum of two (2) hours pay at the appropriate rate.

Section G. Shift Differential
In addition to the established wage rates, employees who are regularly assigned to work a shift that begins after 2:30p.m. but before 6:00 a.m. on a regular basis will receive an hourly premium of thirty five cents ($0.35) per hour. Shift differential shall not apply in calculating holiday, vacation, sick leave or any other benfit.

ARTICLE XXII - Longevity Pay

Regular employees hired in a CIPEC position prior to July 1, 2018, who have performed satisfactory continuous service for the required number of years shall be eligible to begin receiving longevity pay at the beginning of the payroll period in which the required number of years have been completed.

Section A. Continuous Service
Continuous service shall be terminated by resignation, dismissal or retirement. If an employee so terminated receives a subsequent reappointment, no credit will be given for the period of service prior to the termination. Continuous service shall not be considered broken if an employee:

1. Is on military leave of absence and returns to City employment in accordance with Federal and State Law.
2. Is on authorized leave of absence or on a temporary suspension without pay. However,no credit shall be allowed for time toward the accumulation of a five-year period by employees suspended or on leave without pay for over thirty (30) consecutive calendar days, and additional time equal to the loss of service must be served to qualify for longevity.

Section B. Amount of Payment
Eligible employees shall receive one percent (1%) of base salary upon completion of five years; two percent (2%) after nine years; three percent(3%) after thirteen years; four percent (4%) after seventeen years; five percent (5%) after twenty-one years; and six percent (6%) after twenty-five years and more continuous satisfactory service in a permanent status. Longevity increments shall be paid in addition to regular compensation and may be incorporated with the regular pay warrants.

Section C. Limitations
An employee who is suspended, on leave of absence without pay,or otherwise off the payroll for any period of thirty (30) consecutive calendar days or more, other than an employee receiving long term disability benefits, shall receive no longevity pay for such period.

ARTICLE XXIII - Deferred Compensation

An employee shall be eligible to contribute up to the maximum dollar amount permitted by the Internal Revenue Service. The City agrees to contribute a sum equal to that contributed by the employee up to two percent and one-half (2.5%) into a City designated plan.

ARTICLE XXIV - Appendices

The following appendices are incorporated and made a part of this Agreement:

• Appendix A. Unit Classification and Salary Range Assignment (pdf)
• Appendix B. Wage Schedule (pdf)
• Appendix C. Seven-Month Employees (pdf)

ARTICLE XXV - Duration of Agreement

This Agreement shall be in full force and effect for a period of three years beginning July 1,2018 and ending June 30, 2021.

ARTICLE XXVI - Savings Clause

Should any provision of this Agreement be held unlawful by a courtor administrative agency of competent jurisdiction, all other provisions of this Agreement shall remain in full force for the duration of the Agreement. Any provision held unlawful shall automatically be terminated. If replacement provisions are deemed necessary by the City or Union, they shall be negotiated immediately. In the event of a conflict between this Agreement and provisions of Chapter 400 of the Code of Iowa, the latter shall prevail.

ARTICLE XXVII - Complete Agreement and Waiver of Bargaining

The parties acknowledge that during the negotiations which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject or matter not removed by law from the area of bargaining and that the understandings and agreements reached are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each agrees that the other shall not be obligated to bargain collectively with respect to any subject covered in this Agreement or with respect to any subject of matter not referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. This article is subject to "Savings Clause." By the mutual agreement of the parties, this article maybe waived.

ARTICLE XXVIII - No Strike-No Lock Out

Neither the Union, its officers or agents, nor any employee will directly or indirectly induce, instigate, encourage, authorize, ratify or participate in any strike against the employer.

A strike is defined as an employee's refusal, inconcerted action with others to report to duty, or to be willfully absent from work or the stoppage of work, or the abstinence of whole or in part from the full, faithful and proper performance of the duties of employment, for purpose of inducing, influencing, or coercing a change in the conditions, compensation rights, privileges, or obligations of employment.

The City agrees not to authorize, consent to, or condone a strike; or to pay any public employee for any day in which the employee participates in a strike; or to pay or agree to pay any increase in compensation or benefits to any public employee in response to or as a result of any strike or any act which violates this section.