CIPEC Contract Pre Chapter 20| Laborers' Local 177

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:

Direct the work of its employees.
Hire, promote, demote, transfer, assign and retain employees in positions within the agency.
Suspend or discharge employees for proper cause.
Maintain the efficiency of governmental operations.
Relieve employees from duty because of lack of work or other legitimate reasons
Determine and implement methods, means, assignments and personnel by which City operations are to be conducted.
Take such actions as maybe necessary to carry out the mission of the City government.
Initiate, prepare, certify and administer its budget.
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. Any unresolved complaint as to the reasonableness of new or existing work rules, or any complaint involving discrimination in the application of such rules shall be resolved through the Grievance Procedure.

ARTICLE VI - Hours of Work

Section A. Work Week

1. Non-Shift Employees

The work week for all non-shift employees shall consist of five (5) consecutive days, Monday through Friday, each including eight (8) hours of work.

Straight time pay shall be paid for the first eight (8) hours worked in any continuous twenty-four (24) hour period beginning with the assigned starting time. See Appendix "F" for clarification.

2. Shift Employees

Employees considered shift employees as defined in Appendix "E" may be required to work an alternate work week consisting of five (5) consecutive days, each including eight (8) of work, which may include Saturday and/or Sunday.

Employees considered shift employees as defined in Appendix "E" may be required to work an alternate work week consisting of five (5) consecutive days, each including eight (8) of work, which may include Saturday and/or 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 properly authorized and worked in units of one-quarter hour or more which is in excess of the regularly scheduled hours of work, as described below, for an employee.

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.

Permanent employees shall normally be given preference in overtime assignments. In all cases, however, 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.

Permanent employees shall normally be given preference in overtime assignments. In all cases, however, 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 be given consideration whenever possible. When compensatory time off is ordered by the department director or requested by the employee, reasonable advance notice shall normally be provided.

Section C. Compensation
Overtime work shall be compensated for in the following manner:

Non-shift employees who work forty (40) hours per week shall receive compensatory time off at time and one-half for work performed in excess of their regular work schedule, eight (8) hours per day or forty (40) hours per week, unless the City Manager, in advance of the performance of such work has approved cash payment therefore at the rate of time and one-half. See Appendix "F" for clarification.
Shift employees who work an average forty (40) or forty-two (42) hour week shall be compensated at the discretion of the department director either by compensatory time at time and one-half for or by cash payment at the rate of time and one-half for work performed in excess of their first eight (8) hours per day and outside their regular work schedule.
Non-shift employees who are required to work on a Sunday shall be compensated at double-time for the hours actually worked.

Shift employees who work the second day of their scheduled two days off, shall be eligible for double time for the hours actually worked.
Accumulation of compensatory time credits shall be reviewed as of January I, and July I. Compensatory time earned during the period January I to July I, and not taken off by the following January I, shall be paid in cash at overtime rates. Compensatory time earned during the period July I to January 1, and not taken off by the following July, shall be paid in cash at overtime rates. These provisions shall prevail, except, in those situations where an employee requests compensatory time off beyond the deadlines established above and the request is approved by the department director.

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.

Step V. If not resolved, the grievance may be submitted to arbitration within ten (10) working days after the decision in Step IV, or if no decision has been timely made, said grievance may be submitted to arbitration by submitting written notice to the City Manager. Such notice shall specify the sections of the rules and regulations and/or the agreement(s) alleged to have been violated. The parties shall promptly meet to attempt to agree on an arbitrator. If they are unable to agree, they will jointly request that the Iowa Public Employment Relations Board submit to the parties a list of arbitrators and, by alternately striking names, an arbitrator will be selected.

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

Section B. Limitations
The arbitrator shall not have the power to decide a grievance which is a matter suitable for submission to the Civil Service Commission. Also, the arbitrator shall be without power to add to, subtract from, or modify the terms of this Agreement, nor to make any decision in conflict with the laws of the State of Iowa or the ordinances of the City of Des Moines, Iowa.

The arbitrator's fee and expenses shall be shared equally by the employer and the Union. However, each party shall be responsible for compensating their own representatives and witnesses as well as paying for necessary transcripts of the proceedings if desired.

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 signed by the affected employee(s). However, an employee is entitled to representation at any step of this procedure at his/her sole discretion by a representative of the certified bargaining agent CIPEC.

When necessary in investigating and settling grievances, employees and their representative, 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.

The department director of a probationer shall file with the Employee Relations Director a report of performance at the end of the third and fifth months for each employee serving a six month probationary period and at the end of the third, eighth and eleventh months for those serving a one year probationary period. Copies of these performance reports shall be given to the employee and it shall be the duty of the department director to provide for the training of and to assist the employee in meeting the standards of performance of the position to which the employee has been appointed.

It shall be the responsibility of the appointing authority, upon recommendation of the department director at any time during his probationary period, to reject the probationer if his/her conduct, capacity, moral responsibility, integrity, or work performance is found to be unsatisfactory.
Termination of an employee during the probationary period results from such recommendation of the department director and the approval of the appointing authority.
If action is not taken by the appointing authority to report to the probationary employee that he/she has not qualified for permanent status before the close of business of the last day of the probationary period, the employee shall be considered to have satisfactorily completed his/her probationary period and have acquired permanent status.
A permanent employee who vacated a position to accept a probationary appointment to a class in a higher level and who is rejected during the probationary period shall be reinstated in the former position.
Any probationary period may be extended by a period not to exceed thirty (30) calendar days by written mutual consent of the employee, his/her CI PEC representative, and the department director.

Section B. Non-Civil Service Positions
All original appointments to non-Civil Service positions shall be subject to the serving of a six (6) month probationary period and all promotional appointments to non-Civil Service positions shall be subject to the serving of a 90-day probationary period.

An employee may, at any time during the 90-day probationary period, "bump" back to his/her previous position, pay grade and step. Any employee who "bumps" back under this provision shall automatically waive all rights to similar promotions for a period of twelve (12) months.

ARTICLE XI - Performance Appraisals

Section A. Use and Purpose
It is agreed that employee performance evaluations shall be used for the purpose of providing an employee's individual performance, acknowledging an employee's accomplishments, and to provide an opportunity for an employee to improve in a designated area of sub-standard performance prior to any disciplinary action being taken. However, when such evaluations are being used in promotional actions, only the two most recent documents may be given consideration.

Section B. Procedure
The parties agree that any evaluation appraisal system used by the City be carried out in a uniform manner. The following are the provisions of this system:

Each department director shall provide for an annual evaluation of all permanent employees in his/her department in achieving the standard of work performance required. This evaluation shall include a discussion between the employee and his/her immediate supervisor for the purpose of determining goals and evaluating progress toward better performance and personal development. A memorandum record of the results of these discussions shall be forwarded to the department director by the supervisor on forms prescribed by the Personnel Department.
Whenever in the Personnel Rules, reference is made to "satisfactory performance" or "standard performance," this shall be determined by the department director based on the evaluation form submitted by the supervisor.
Each employee shall be given a copy of the evaluation form prepared by his/her supervisor regarding his/her progress.
Every memorandum of an employee evaluation report shall be signed by the employee.

Section C. Appeal
In the event any employee disagrees with his/her performance evaluation rating, he/she may so indicate in the space provided. Any memorandum reflecting an overall sub-standard performance level by the employee, which is contained in the performance evaluation, shall be subject to the grievance procedure, in the event said evaluation becomes a factor in the denial of a promotion.

Section D. Restrictions
Written memos of oral warnings and written reprimands will cease to have any force and effect and will be removed from the employee's personnel file twenty-four (24) months after the effective date of the last reprimand. All such documents will remain a part of the employee's file until completion of a twenty-four (24) month period without any reprimand.

ARTICLE XII - 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 XIII - 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 XIV - Holidays

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

New Years Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
The day after Thanksgiving
Christmas Day
An additional Christmas Holiday
The employee's birthday (which may be used on or after the birthday)
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. Holidays Occurring on Weekends

Non-Shift Employees - 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.
Shift Employees - The above noted holidays shall be observed or recognized on the actual day on which they are observed.
In the event the employee's birthday falls on one of the other recognized holidays, it will be observed at some later date with the approval of the department director.

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.

Section E. Holidays Occurring During Leaves of Absence
When a holiday comes during a leave of absence for which an employee receives compensation, i.e., vacation, sick, compensatory, emergency or injury, 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 department director.

Section F. Holidays for Shift Workers
Shift employees, who are normally scheduled to work on either Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the additional Thanksgiving holiday, Christmas Day, the additional Christmas holiday, New Years Day, Martin Luther King Jr. holiday or their Birthday shall be compensated at double-time for the hours actually worked plus their regular Holiday pay.

Employees engaged in shiftwork, who are unable to observe a holiday, will be permitted to take equivalent time off within twelve (12) months of the designated holiday.

Section G. Holidays for Non-Shift Workers
Non-shift employees who are required to work on a Holiday shall be compensated at double-time for the hours actually worked plus their regular Holiday pay. For time-keeping purposes, non-shift employees required to work on a Holiday shall retain hours in their Holiday bank for actual time worked on the Holiday up to 8 hours per occurrence with any additional time compensated in accordance with the Agreement.

ARTICLE XV - Leaves

Section A. Military Service
Military leave shall be provided in accordance with applicable state and federal legislation.

Section B. Jury Duty, Conferences and Other Meetings
Employees on jury duty will receive their normal pay for regular work days spent on a jury panel. The employee shall submit the payment received from the court to the City Treasurer's Office less any amount included for travel allowance or expense reimbursement. Such time off shall be counted as time on duty.

Employees may, upon written request, be excused from work to attend various conferences and official meetings regarding City business. Attendance at such meetings will be considered as time on duty, provided the proper advance approval is obtained.

Section C. 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.

(2) Educational Leave Without Pay
Permanent employees interested in further professional training may, with the consent of the department director and the City Manager, obtain an educational leave. Such leave is without pay. A single leave may not be for more than twelve (12) months

(3) Leave of Absence Without Pay
Department Directors, with the approval of the City Manager, may grant leaves of absence without pay. A single leave of absence may not be for more than twelve (12) months.

Leaves of absence of over thirty (30) calendar days except for disability shall result in an "adjusted start date" for purposes of vacation accrual, longevity pay and an adjustment to "anniversary date" for merit salary increase to account for lost service time in excess of thirty (30) calendar days.

Section D. 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 XVI - 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:

Is on military leave of absence and returns to City employment in accordance with Federal and State Law.
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:

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.
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.
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.
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.
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.
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.
An employee shall continue to accrue vacation while on any other compensated leave.

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

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.
Vacation leave shall be charged as used in amount of not less tha none-half (1/2) day.
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.
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.
Accrued but unused vacation will be paid upon termination in accordance with this Article,Section B. 6.

ARTICLE XVII - 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:

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.
Sick leave shall be accrued for permanent 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 permanent full-timeemployees.
Sick leave shall be accrued by probationary employees at the rate prescribed for regular full-time and part-time employees.
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:

Physical incapacity not incurred in the line of duty.
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.
Enforced quarantine of employee in accordance with community health regulations.
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.
The first day an employee's immediate family member becomes ill and requires the attention and/or care of the employee.
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:

Requests for sick leave shall normally be made at least 15 minutes prior to the beginning of work for that day.
Sick leave shall be chargeable only when used on regularly scheduled work days or work periods and not on vacation time.
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.

Section E. Separation

No payment for unused sick leave credit shall be made upon separation from City employment except in cases of retirement or death of a permanent employee of the City, as prescribed hereinafter. In the event of the employee's retirement, which meets the requirements of the applicable Federal or State Statutes, or his/her death, the employee or his/her beneficiary shall be paid fifty (50) percent of his/her daily salary based on his/her salary rate at the time of his/her retirement or death for each full day of unused sick leave credit the employee has accrued, provided, however, that the maximum unused sick leave to be compensated for at the rate of fifty (50%) is limited to 1,500 hours, except that those employees who have a balance of 1,300 or more hours as of July 1, 1986 shall not be affected by the maximum.

Employees with twenty (20) years or more of service who are terminated for any reason, other than dismissal for just cause, shall be eligible for the sick leave separation credit as outlined immediately above.

ARTICLE XVIII - Injury Leave ("J" Time)

Leave of absence with pay shall be granted permanent employees who become incapacitated as a result of injury or occupational disease incurred through no misconduct of their own while in actual performance of duty.

Section A. Method of Payment
During such injury leave, the City shall pay such employee regular full pay, either as direct payment from salary funds or on Workers' Compensation insurance benefits, or both, but the total amount, so paid for loss of time from work, shall not exceed the full pay which such employee would have received from such period as his/her regular rate of pay. Such injury leave shall not be charged.

Section B. Extent of Leave
Such leave shall extend for six (6) months unless it is determined sooner by a competent medical authority and approved by the City Manager, that the employee can return to duty. An employee, if still disabled, at the end of six (6) months, will be entitled to leave with pay, as follows:

Three months to be paid at ninety-five percent (95%) of the employee's regular rate of pay.
Another three months to be paid at ninety percent (90%) of the employee's regular rate of pay.
At the end of one year from the date of injury, the employee shall be entitled to Workers' Compensation benefits for the duration of the disability as provided by Chapter 85, Code of Iowa.
If declared by a competent medical authority and approved by the City Manager to be unable to return to work or to be permanently disabled, the employee shall, after one year from the date of disabling injury, be permitted to use accrued vacation and normal sick leave.

Section C. Notice of Injury - Failure to Report
An employee who is physically injured and who fails to report within twenty-four (24) hours any injury, however, minor, to his/her Crew/Section Chief or Supervisor and to take such first aid or medical treatment as may be necessary shall not be eligible for injury leave as outlined above.

Section D. Subrogation
If pay is paid to the employee under this Article, the City shall be indemnified out of any recovery of damages made by the injured employee against any third-party because of the injury to the extent of the payment made by the City less reasonable attorney fees proportional to those paid by the employee. Further, in the event the employee's recovery consists of a judgment, the City shall also be entitled to legal interest. However, in the event the judgment includes a jury verdict specifying an amount for lost wages, the City's portion of the recovery prior to deductions shall not exceed such specified amount plus legal interest.

In the event the employee fails to commence an action against the third-party for damages resulting from his injury within 30 days after written notice to do so given by the City, then the City shall be subrogated to the rights of the employee to maintain the action against such third-party, and may recover damages for the injury to the same extent that the employee might.

This provision is not intended to alter the rights and obligations of the employee or the City pursuant to Section 85.22 of the Iowa Code or any other provision relating to workers compensation.

ARTICLE XIX - 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 XX - Training and Tuition Reimbursement

Section A. Employee Training
The purpose of this section is to establish policy for employee training, for sending City employees to special training and for sending employees to special outside courses of instruction relating to their employment with the City which does not accrue credit toward a high school diploma or high school equivalency certificate, college degree, law degree, CPA recognition or related educational certification.

The City will, at its discretion, provide orientation and on-the-job training for each employee. Upon the recommendation of the department director and approval of the City Manager, a City employee may be sent to outside instructional courses as means of upgrading his/her capabilities as a City employee.
The criteria for evaluating a request to attend outside instructional courses shall be that the estimated value to the City from the course is commensurate with the total cost including tuition, transportation, meals, lodging pay and other expenses; that consideration be given to the quality of both the curriculum and the instructors involved so as to be reasonably certain that the course will be practical and usable in City operation; and that in the case of a prolonged course of instruction, there will be adequate coverage of the employee's normal duties during his/her absence.
Employee training to improve work performance of the employee in his/her present position, both my means of in-service instruction and outside instructional courses, may be conducted during or after the employee's working hours.

Training to prepare the employee for promotion shall be on the employee's own time unless, because of shortage of manpower or other circumstances, it is in the City's interest to use work time.

Section B. Employee Education
The purpose of this section is to establish policy for the academic education of City employees which will be of benefit to both the employee and the City. This policy pertains to courses attended by City employees which accrue credit toward a high school diploma or high school equivalency certificate, college degree, college graduate degree, law degree, CPA recognition or related educational certification.

Upon the request of the employee, recommendation of the department director and approval of the City Manager, a permanent full-time City employee may participate in the Education Tuition Reimbursement Program described hereafter, subject to the following requirements.

(a) That the course shall directly relate to the employee's current job duties, or any course, including outside the major electives, required for a degree of certificate in a field either directly related to the employee's current duties, or a field in which the employee would have a reasonable expectation of being promoted to while employed with the City. Such course work must be completed at an officially accredited educational institution.

(b) That the employee shall satisfy the necessary prerequisite of the course which tuition reimbursement is being requested and shall receive approval of the City Manager prior to enrolling in the course.

(c) That participation in the Education Tuition Reimbursement Program shall be solely on the employee's time.
City employees approved for participation in the Education Tuition Reimbursement Program shall be eligible for reimbursement by the City for one hundred percent (100%) of tuition for courses offered by accredited education institutions up to a limit of one thousand two hundred dollars ($1,200) per fiscal year. Reimbursement shall be made of tuition fees upon completion of the course with a grade of "C" or better, and upon application to the department director showing evidence of successful course completion. Employees taking a leave of absence for education purposes shall not be eligible for participation in the Education Tuition Reimbursement Program.

Section C. Training on New Processes
Whenever the duties of a position are to be materially changed by the introduction of new machines or processes requiring different skills and knowledge, any permanent or probationary employee affected by the change shall be given a reasonable opportunity to learn to perform the new duties and to qualify for status in any new class of positions required for such work. Any employee who, after a reasonable training period, qualifies for appointment in a different class shall be deemed to possess the specific education and experience requirement for such class and shall be appointed thereto with the same status and seniority which he/she last had in his previous class. Employees who do not qualify for such appointment shall be reassigned to other duties appropriate to his class or be laid off in accordance with the provision of law and these rules regarding layoff.

ARTICLE XXI - Payroll Deductions

An employee may authorizedeductions fromhis/herpay for the following purposes:

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

ARTICLE XXII - Dues-Check-Off

During the life of this Agreement and in accordance with the terms of the authorized dues check-off form, the City agrees to deduct Union dues and assessments levied in accordance with the Constitution and By-Laws of the Union from the pay of each employee who executes or has executed the authorization form.

The deductions shall be certified to the City by the Treasurer of the Union and on the appropriate forms, signed by the employees, and the aggregate deductions of all employees shall be remitted to the Union within a reasonable length of time after such deductions are made.

The Union agrees to indemnify and hold the City harmless against any and all claims, suits, orders or judgments brought or filed against the City as a result of any action taken or not taken by the City in accordance with the provisions of this article.

ARTICLE XXIII - 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:

Listing of Union officers and officials
Union meetings
Union elections
Union recreational and social events
Union educational notices

ARTICLE XXIV - 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 XXV - Reduction In Force

Section A. Order of Layoff
Whenever it becomes necessary for employees, either Civil Service or non-Civil Service, in a specific class to be laid off because of lack of work, lack of funds, or reorganization, procedures provided in Chapter 400 of the Iowa Code shall be recognized. Employees to be laid off or transferred shall be given ten working days prior notice.

Section B. Effect On Pay
An employee who, as a result of the reduction of force, is assigned to a classification having a lower pay grade shall suffer no loss of regular pay. Such employee's pay will be frozen at the most recent pay level and shall receive no future pay increase until the salary range assigned to their new class catches up with the employee's frozen rate of pay.

ARTICLE XXVI - Insurance

The following employee benefit plans shall be provided to full-time employees, subject to the terms and conditions of the respective group contract or plan document of the insurer. Part-time employees may participate in the program and pay premiums on a pro rata basis.

Section A. Life
The City agrees to provide straight term life insurance coverage in an amount of six thousand dollars ($6,000) of coverage for employees with less than five (5) years service. Employees with five (5) years or more shall be provided coverage in an amount often thousand dollars ($10,000.)

Beginning July, 1, 2003, the City agrees to provide straight term life insurance coverage in an amount of ten thousand dollars ($10,000) for employees with less than five (5) years service. Employees with five (5) years or more shall be provided coverage in an amount equal to one times (1 X) the employees base straight time annual salry rounded to the next higher thousand.

Section B. Health and Medical
The City of Des Moines will make available health insurance plans described in Exhibit 1 to employees and their dependents.

Effective July 2015 for Option 1 or Option 2 employees selecting single coverage will contribute four percent (4.0%) of the applicable premium and employees selecting family coverage will contribute five percent (5.0%) of the applicable premium.

Effective July 2016 for Option 1 or Option 2 employees selecting single coverage will contribute five and one-half percent (5.5%) of the applicable premium and employees selecting family coverage will contribute six percent (6.0%) of the applicable premium.

Effective July 2017, for Option 1 or Option 2 employees selecting single coverage will contribute seven percent (7.0%) of the applicable premium and employees selecting family coverage will contribute seven percent (7.0%) of the applicable premium.

Health insurance premium contributions will be made on a pre-tax basis.

Section C. Dental
The City of Des Moines will make available dental insurance as noted in Exhibit 1. There is no contribution toward this coverage.

Section D. Long Term Disability
The City will provide a Long Term Disability insurance plan for full time employees. The plan will provide a sixty-six and two thirds percent (66 2/3%) replacement of an employee's base regular pay and longevity, following a ninety (90) day elimination period for the appropriate period of disability as provided in the plan document. An employee may use their accumulated sick leave or other personal leave to offset the thirty-three and one third percent (33 1/3%) loss of regular pay.

Section E. Flexible Spending Accounts
The City permits the maximum benefit and coverage under this plan permitted by the Internal Revenue Code, Regulations or Rulings.

Section F. Health Reimbursement Account
Effective July 1, 2012 the City will fund a Health Reimbursement Account for qualifed expenses at the effective rate of one-hundred twenty-five ($125) dollars per month for full-time employees paid bi-weekly.

Section G. Wellness Incentive
Employees who participate in an annual Wellness program that are enrolled in the City's health plan will receive a 1% reduction of the monthly premium. For the period July 1, 2015 through June 30, 2018, the Wellness incentive will include a bio-metric health assessment and follow-up health coaching if recommended. Employees who are identified as having three of the four health risk factors tested or who smoke must participate in follow-up health coaching to receive the incentive.

ARTICLE XXVII - 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.

Section H. Special Operations Pay
Employees who are assigned to work a shift that begins after 2:30 p.m. but before 6:00 a.m. for emergency operations, such as flood, snow and other disaster operations shall receive shift differential pay as described in Section G above.

ARTICLE XXVIII - 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:

Is on military leave of absence and returns to City employment in accordance with Federal and State Law.
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 XXIX - 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.

These benefits were negotiated in lieu of cash wages under Article XXVII. If any provision of this article is determined to be unlawful, the parties shall submit to further negotiations as set out in Chapter 20.16 - 22, Code of Iowa. As to contributions to a deferred compensation plan previously made by the City under this article before any such determination, the negotiations shall assure that these contributions are preserved for the sole benefit of the employee and are not returned to the City

ARTICLE XXX - General Provisions

Section A. Tool Allowance
Employees who are required to provid their own tools to perform the duties of their position will receive a tool allowance of two hundred dollars ($200) per year for the purchase of required tools. Employees who are provided tools by the City to perform the duties of their position will not receive a tool allowance.

Section B. Shoe Allowance
Employees who are required to wear safety shoes including safety rubber boots shall receive an annual allowance each July for the purchase of City approved safety shoes or boots of $175. Refuse collectors and Senior Refuse Collectors shall be entitled to two (2) $100 allowances per contract year. Employees that receive a boot allowance are eligible to convert their taxable boot allowance to a non-taxable reimbursement by submitting a valid receipt for approved safety shoes for an amount equal to or greater than the taxable boot allowance received no later than November 1 of each year

Newly hired employees shall receive the appropriate shoe allowance within thirty (30) days of employment.

ARTICLE XXXI - 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. Definitions (pdf)
Appendix D. Overtime Clarification (pdf)
Appendix E. Seven-Month Employees
Exhibit 1. Health and Dental Insurance (pdf)

ARTICLE XXXII - 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 XXXIII - 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 XXXIV - 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 XXXV - 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.

177 on Hello Iowa

Pre Chapter 20

Agreement Between The City of Des Moines, IowaandCentral Iowa Public Employees Council

Contents

Preamble