Alaska Public Employees Association/AFT Web Site

City of Bethel Chapter

Collective Bargaining Agreement

 

ARTICLE 1

                                           PREAMBLE, PURPOSE AND INTENT

 

            This Agreement is made and entered into by and between the City of Bethel, referred to as the “City” or “Employer”, and the City of Bethel Employees Association, referred to as the “Union”.

            The general purposes of this Agreement are to set forth the terms and conditions of employment to govern the appointment, promotion, demotion, transfer, layoff, removal and discipline of such employees and other incidents of City employment on the basis of merit and fitness, and to promote orderly and peaceful labor relations for the mutual interests of the City, the employees and the Union.

            The parties recognize that the interests of the community and the job security of the employees depend upon the City’s success in establishing proper and cost efficient service to the community.  To these ends the City and the Union encourage, to the fullest degree, friendly and cooperative relations between their respective representatives at all levels and among all employees.

            The parties agree that it is their mutual intent to strengthen the merit principles in the bargaining unit and, pursuant to AS 23.40.070) (3), shall use all due diligence to maintain merit principles among public employees.

 

 

ARTICLE 2

DEFINITIONS

 

Definitions.  As used in this Agreement, unless the context requires otherwise, the following definitions apply:

 

A.        "Anniversary date" means the date of hire of an employee, except that the anniversary date of a promoted employee shall become the date of promotion, and the anniversary date of a demoted employee shall become the anniversary date held before the demotion.  The anniversary date will be advanced by the number of calendar days that total leave without pay exceeds 30 days during the employee's anniversary year.

 

B.     "Appointment" means those methods by which a person is designated to fill a specific position.

 

C.        “Call Out” means the occasion when an employee has left his/her work place at the end of his/her normal work shift and is required to return to work by his/her supervisor or if the employee’s supervisor requires the employee to report before his/her normal shift is scheduled to begin.

 

D.        "Candidate" means a person who has applied for a position and has been included on a list as being available for certification.

 

E.         "Certification" means the referral of names of qualified candidates by the Personnel Office to Department Heads upon their request, for appointment to a position in the City of Bethel service.

 

F.         "Class" means a group of positions sufficiently similar as to duties performed, scope of discretion and responsibility, minimum requirements of training, experience, or skill, and such other characteristics that the same title, the same test of fitness, and the same range of compensation apply to each position in the group.

 

G.        “Class title” means the official title used for all personnel, payroll and budget documents.  Working titles may be used for all other purposes.

 

H.        "Clas­sifi­ca­tion" means the pro­cess of allocating a position to a particular class within a particular pay range.  Classification also refers to all of the position classes that are assigned to a particular pay range.

 

I.          "Clas­sifi­ca­tion plan" means the or­derly ar­range­ment in classes of all posi­tions in the City of Bethel service, and a list of class ti­tles, class codes and pay rang­es as­signed to each of the classes.

 

J.          “Contract employee” means an employee of a party who has a contractual relationship with the City or a person who has an individual employment contract with the City.

 

K.        "De­mo­tion" means the movement of an em­ploy­ee to a lower pay rate or pay range.

 

L.         "De­part­ment" means a City of Bethel depart­ment.  The current Departments are: the Police Department, the Fire Department, The Finance Department, the Public Works Department, the Senior Services Department, the Parks & Recreation Department, the Port, and the Department of Administration.  Departments may be created or disbanded during the life of this Agreement at the sole and exclusive discretion of the City.

 

M.        "De­part­ment Head" means the highest super­visory posi­tion of a City of Bethel Depart­ment.

 

N.        "Disci­pline" means a proce­dure or action taken to cor­rect defi­cient perfor­mance; or pun­ishment for not follow­ing set poli­cies and proce­dures; or an action taken against an em­ployee to main­tain order and control.

 

O.        “Domestic partner” means an individual who, along with an employee, has signed the affidavit of domestic partnership attached to this Agreement as Appendix C.

 

P.         "Em­ployee" means any person in the employ of the City of Bethel for whom the Union is the exclusive bargaining representative.

 

Q.        "Ex­ami­nation" means objec­tive evalu­a­tion of skills, experi­ence, edu­ca­tion and other charac­ter­is­tics demon­strat­ing the ability of a person to per­form the duties required of a position.

 

R.        “Full time” as applied to a position, describes a position that is expected to require thirty (30) or more hours of work per work week and may require short or otherwise irregular shifts, at any hour of the day or night and on any day of the week.  It describes an employee who has been appointed to a full time position.

 

S.         "Griev­ance" means any dispute involv­ing the inter­preta­tion, appli­cation or al­leged viola­tion of any provision of this Agree­ment.

 

T.         "Griev­ant" means the party prose­cuting a griev­ance in accor­dance with the terms of this Agreement.

 

U.        "Imme­diate family" means the employee's spouse, domestic partner chil­dren, step children, mother, father, step mother, step father, mother-in-law, father-in-law, grandchildren and grandparents, brothers or sisters.

 

V.        "Just cause" means that suffi­cient justi­fica­tion exists for a pro­posed disciplinary action.  “Just cause” includes, but is not necessarily limited to, the following:

1.         incompeten­cy;

2.         inefficien­cy;

3.         lack of one or more of the qual­ifi­ca­tions for a position within the bargaining unit;

4.         failure to comply with any of the terms and conditions included in this Agreement;

5.         in­sub­ordi­na­tion;

6.         ab­sen­tee­ism or tar­di­ness;

7.         ha­rass­ment of other em­ploy­ees, Department Heads, the City Manager, City Council members or any other employee or official of the City of Bethel, or any member of the public;

8.         violation of a City of Bethel policy, procedure, or work rule which was known or reasonably should have been known to the employee;

9.         violation of an oral or written directive of a supervisor which was known or should have been known to the employee;

10.       conviction of a crime involving moral turpitude;

11.       substance abuse on the job;

12.       use or appropriation of City property for personal, commercial or other unauthorized use without prior explicit permission from the employee’s current Department Head;

13.       refusal to perform job duties;

14.       dishonesty; or

15.       any other conduct reasonably justifying the proposed form of discipline, up to and includ­ing dismissal.

 

W.       “Kelly Shift employees” are those employees who are assigned to work a regularly scheduled shift of twenty-four (24) hours per day at the Fire Department, in the manner described in Section 14.2.C of this Agreement.

 

X.        "Layoff" means removal from active work status of an employee for reasons beyond his or her control that do not reflect discredit on his or her service.

 

Y.        "Manag­er or City Manager" means the City of Bethel City Manager or his or her designee.

 

Z.         “Parallel Class” means a class of positions determined by the City Manager to be comparable to another class of positions because similar duties and responsibilities are required of the positions in both classes.

 

AA.     “Part time” as applied to a position, describes a position that is expected to require less than thirty (30) hours of work per work week and may require short or otherwise irregular shifts, at any hour of the day or night and on any day of the week.  It describes an employee who has been appointed to a part time position.

 

BB.      “Pay Range” means the range of pay rates that is assigned to all classes within a classification.  It comprises a series of steps through which an employee may progress by probationary and/or merit increases.  Kelly Shift employees shall be paid under the Kelly Shift plan and the Fair Labor Standards Act rules governing its application.

 

CC.      “Pay Rate” or “Rate” means the actual wage rate assigned to a particular step within a pay range or the rate actually paid to a particular employee.

 

DD.     "Per­sonnel Direc­tor" means the City of Bethel City Manager or his or her designee responsi­ble for personnel matters within the City of Bethel job service.

 

EE.      "Posi­tion" means the duties and respon­sibili­ties which comprise a particular job.

 

FF.       "Promo­tion" means the filling of a vacancy by the ad­vancement of an em­ployee from a posi­tion having a lower pay range.

 

GG.     "Re-employ­ment" means ap­point­ment of an em­ployee in lay off status within one year of the lay off to a position in the same or a lower class than the class in which the employee had previously attained regular status.

 

HH.     "Re-employ­ment list" means a list of employ­ees who have attained regular status who have been laid off and who have made written request for re-employ­ment within one year from date of layoff.

 

 

II.        "Regu­lar ap­point­ment" means an appointment to a position after an employee has satisfactorily completed the probationary period applicable to his or her position.

 

JJ.        "Regular Sta­tus" is the status attained when an employee obtains a regu­lar ap­point­ment by satisfactorily completing the probationary period applicable to his or her position.

 

KK.     "Re­hire" means rehire of an employee at any time following separation from the City in good standing, other than reemployment of an employee with re-employment rights as provided for in this Agreement.

 

LL.      "Rein­state­ment" means re-­place­ment of an employee into a position in the same class occupied previously or a parallel class when there has been no break in service, for one of the following reasons:

 

1.         timely return from mil­i­tary leave;

2.         return to a position the employee held when sus­pended, demoted or dismissed, after successful appeal;

3.         return of an employee from authorized injury leave or leave without pay.

 

MM.    "Rela­tive" means spouse, parents, siblings, children (includ­ing foster, step and adopted), aunts, uncles, nephews, nieces, and in-laws (parents and children).

 

NN.     “Seasonal Position” means one established to provide City services on a seasonal basis.  These positions may be either full time seasonal or part time seasonal.  Examples of such positions may be summer or winter recreation employees or employees of the municipal dock.

 

OO.     "Se­niori­ty" means the status of an employee who has obtained regular status to which certain priority privileges attach that arise out of the employee’s period of service which begins on the last date when the employ­ee is hired.  Senior­ity shall be ter­minat­ed and the employee's service shall be bro­ken under the follow­ing condi­tions:

1.         separation from City service; or

2.         layoff in excess of one year if an employee with return rights is unable to exercise those rights;

3.         failure to return from leave on the agreed date unless approval has been obtained in advance from the employee’s Department Head.

 

PP.       "Separation" means cessation of the work relationship between the City of Bethel and an employee for any reason including, but not necessarily limited to, death, dismissal, layoff, resignation, job abandonment, or retirement.

 

QQ.     “Step” or “Pay Step” means the individual pay rates within a pay range.

 

 RR.     "Sus­pen­sion" means forced leave for disci­plinary reasons or pending investigation of charges made against an em­ployee.

 

SS.       "Temporary Position" means one established to provide City services for a period not to exceed the greater of six months in duration or the duration of a position funded by a one time grant from the federal or state government on a temporary basis.  Such positions may be filled on a full- or part-time basis.  The City may use a temporary employee.  Persons holding temporary positions are not covered by any of the terms of this Agreement, are not included in the bargaining unit, and are not entitled to any of the rights and benefits provided to employees under this Agreement.

 

TT.       "Trans­fer" means a lateral move­ment from one posi­tion to another posi­tion in the same or a parallel class in the same pay range, without any break in ser­vice.

 

UU.     "Work day" means a sched­uled daily work period in a sched­uled work week.

 

VV.     “Work stoppage” means work slowdowns, stoppages, sick outs, or other directly or indirectly prearranged or coordinated action of employees that results in a reduction of work force availability, work product or output.

 

 

 

ARTICLE 3

RECOGNITION

 

Section 3.1.  Positions in Bargaining Unit

 

            The City recognizes the Union as the exclusive bargaining representative for City employees in the job classifications set forth in Appendix A unless specifically excluded from the bargaining unit in Section 3.2 of this Article.

 

Section 3.2.  Positions Excluded from Bargaining Unit

 

The City and Union agree that the following are excluded from the bargaining unit: 

 

All elected officials,

All appointed officials,

City Manager,

Human Resource Manager

Staff Attorney

City Clerk,

All Department heads,

Assistant Finance Director,

All temporary employees, and

All contract employees. 

 

The Current department heads are: the Finance Director, the Fire Chief, the Chief of Police, the Public Works Director, the City Planner,  the Port Director, and the Parks & Recreation Director.  If another department is created during the life of this Agreement, the head of that department shall also be excluded from the bargaining unit.

 

 

ARTICLE 4

UNION MEMBERSHIP AND DUES

 

Section 4.1.  Membership Requirements

 

A.        Any employee covered by this Agreement will be required as a condition of their continued employment to join the Union or pay an agency fee equal to the membership dues for the purpose of administering this contract.  Membership in the Union is not compulsory.  Employees have the right to join, not join or drop their membership as they see fit.  Neither party shall exert any pressure on or discriminate against any employee as regards such matters.

B.        Within thirty (30) days of hiring a new employee covered by this Agreement, the Employer shall provide the employee with a copy of this Agreement and notify the Union of the name, address and job title of the new employee.

 

Section 4.2.  Dues/Fees and Payroll Deductions

 

Upon written authorization of an employee in the bargaining unit, the City shall deduct from the payroll of the employee the monthly amount of union dues or fees and transmit such amount to the Union.

A.        Membership Dues.  Membership dues and fees for employees who join the Union shall be in accordance with the bylaws of the Union.

B.        Agency Fees.  Employees covered by this Agreement who choose not to become members of the Union shall be assessed an agency fee equal to membership dues.

C.        In accordance with AS 23.40.225 the City and the Union agree to safeguard the rights of non-association of employees having bona fide religious convictions based upon tenets or teachings of a church or religious body of which an employee is a member.  Upon submission of proper proof of religious conviction to the Alaska Labor Relations Agency, the Agency shall declare the employee exempt from becoming a member of a labor organization or employee association.  The employee shall pay an amount of money equivalent to regular union membership dues to the Union through payroll deduction by the City.  Non-payment of this money subjects the employee to the same penalty as if it were non-payment of membership dues.  The Union shall contribute an equivalent amount of money to a charity of its choice not affiliated with a religious, labor or employee organization.  The Union shall submit proof of such contribution to the Labor Relations Agency and the City.

 

Section 4.3.  Payroll Deductions

 

A.        The payment of membership dues/agency fees shall commence with the first payday of the month after thirty-one (31) calendar days following the initial date of employment.

B.        The Employer shall promptly pay to the Union those authorized membership dues/agency fees deducted from employee wages each month.  Employees who choose to change their status from a membership dues to an agency fee payer or from an agency fee payer to a membership dues payer, may do so after giving thirty (30) days written notice to the Union and the City Manager.  However, agency fee payers may become members of the bargaining unit immediately upon written notice to the Union and the Personnel Director. 

C.        After written request from the Union to the City Manager, an employee who has been employed for more than sixty-one (61) days and who is not in compliance with the provisions of this Article shall be notified that the employee may be dismissed by the Employer if the employee does not comply with the provisions of this Article.  In addition to receiving notice of non-compliance and an opportunity to comply, the employee shall also be given a pre-dismissal opportunity to respond to the

notice of noncompliance, as provided for in Section 9.4 of this Agreement, even if the employee has not yet acquired regular status.  The Union shall pay all reasonable costs and fees associated with an action taken by the City to enforce this section of the Agreement.  Additionally, the Union shall defend, indemnify and hold the City harmless against any and all claims, demands, actions, causes of action, lawsuits, grievances, arbitrations, mediations, and all other kinds of liabilities or actions, and pay all reasonable fees and costs, including attorney’s fees and costs, which arise from enforcing this section of the Agreement.

 

Section 4.4.  Union and Employee Responsibility

 

This Agreement is binding on each and every employee in the bargaining unit and all bargaining unit employees, individually and collectively, accept full responsibility for carrying out all the pro­visions of this Agree­ment.  The Union agrees that it shall actively dissuade absenteeism and tardiness, sexual, racial and all other forms of harassment, and other practices which may hamper the City's operation and that the Union will support the City's efforts to eliminate waste and inefficiency, to improve the quality of work and to promote harmonious relations between the City and employees.  The Union shall make every effort to see that bargaining unit employees working under this Agreement obey all City work place policies, procedures, rules, and instructions which are not inconsistent with the terms of this Agreement.

 

Section 4.5.  Union Representatives and Activities

 

A.        The Union may have five (5) Employee Representatives who shall be authorized to handle complaints and grievances arising under this Agreement. The Union shall provide to the Employer a list of all authorized Employee Representatives.

The Union shall be empowered to change (or substitute) the members of this list at any time upon written notification to the Employer.  The Employee Representative may make reasonable visits within the work area he/she represents for the purposes of handling specific complaints and grievances arising under this Agreement.  The Employee Representative shall first notify and obtain the approval of the Department Head for such visit, advising the Department Head where the Employee Representative shall be and how long the Employee Representative anticipates such visit shall take.  The Employee Representative shall arrange such visits to occur at times when they will least impact City operations and the performance of work.  Prior to conducting such visit the Employee Representative shall fill out the appropriate time record recording the time the Representative left his/her work assignment/area.  Upon concluding the visit the Employee Representative shall promptly notify his/her Department Head that the visit was concluded and that the Representative has returned to his/her work assignment/area, at which time the Representative shall record on the appro­priate time record that the visit has concluded.  All time spent on such visits shall be designated on the time record as Union Leave and deducted from the appropriate Union Leave account.

The Union may have repre­sentatives who are not employees of the City who shall be authorized to speak for the Union in all matters governed by this Agreement and shall be permitted to visit any work area for the purpose of administering this Agreement at reasonable times upon advance approval of the City Manager or his/her designee.  Such approval will not be unreasonably denied.  The Union shall arrange such visits to occur at times when they will least impact City operations and the performance of work.  The Union shall provide to the Employer a list of all such authorized representatives.

B.        During working hours, the Employee Representative may handle complaints and grievances arising under this Agreement with the proper City Representative.  These visits shall be scheduled, held and accounted for in the same manner and in accordance with the procedures set forth in Section A above.  Employee Representatives will not leave their work duties during emergency or critical situations.

Upon the concurrence of the Department Head and when the normal flow of work will not be unduly disrupted, the Employee Representative will be allowed to confer periodically and for a reasonable length of time with Employer Representatives to work out solutions to problems on matters not deemed critical but which, because of convenience to both management and labor, can be moved toward resolution.  These visits shall also be scheduled, held and accounted for in the same manner and in accordance with the procedures set forth in Section A above.

C.        Union Leave.  Employees granted Union leave shall be paid for their leave time from the Union Business Leave Bank as set out in Section D below, so long as there is accumulated leave in the bank.  The City shall not be obligated to compensate the Employee Representatives for any time spent on Union leave.  The hours spent on Union leave will not be counted as hours worked for purposes of computing overtime.  Union leave shall be granted in the following manner:

1.         No more than five (5) employee members of the Union negotiating committee shall receive Union leave for all time necessary for the conduct of contract negotiations, including reasonable time for negotiating committee meetings outside of the negotiations themselves.

2.         Union leave shall be granted for all reasonable time necessary to process grievances, including arbitrations, for grievants, Employee Representatives and elected Union officers who may be involved, and witnesses.

3.         Employee Representatives shall be granted up to two (2) work days per calendar year of Union leave to attend Union sponsored training.

4.         Elected Union officers shall be granted a reasonable amount of Union leave for the purpose of conducting Union business.  Such time shall not normally exceed four (4) hours per week.

5.         Union leave will not be unreasonably denied.  However, it is understood and agreed that such leave may be denied if the employee's services are needed by the City.  Requests for association business leave will normally be made through the Union President or his or her designee.  The Union will endeavor to give as much advance notice as possible for business leave.

D.        Union Business Leave Bank.

1.         There is hereby created a Union Business Leave Bank which shall be administered by the Union with records kept by the Union and the Employer.  The Bank shall be established by an automatic transfer each October 1 of two (2) hours of annual leave from the leave account of each employee in the bargaining unit.  If an employee does not have two (2) hours of annual leave as of October 1, the two (2) hours shall be transferred when the employee has accrued them.  The Bank will be used consistent with the terms of this Article.

2.         The Union may cancel the automatic leave deduction for any year in which sufficient cash is available for purposes of the Bank.

3.         The Employer agrees that reasonable effort will be made to release employees consistent with the terms of this Article.  However, the parties recognize that situations may arise that prevent representatives from being released.

4.         The parties recognize that the City will incur expenses associated with the Union Leave Business Bank that the City otherwise would not incur.  Accordingly, at the end of each month the City shall prepare an invoice specifying the nature and amount of such expenses.  The City shall send a bill monthly to the Union and the Union shall pay the City for such expenses.

 

 

 

 

 

 

 

Section 4.6.  Meeting Space

 

Where there is appropriate available meeting space in City owned facilities, such space may be used for meetings by the Union at no cost to the Union with reasonable notice to the City.  Approval shall not be unreasonably denied.

 

Section 4.7.  Bulletin Board

 

The Union shall have the right to use space at mutually agreeable locations for the purposes of posting Union information.

 

ARTICLE 5

JOB CLASSIFICATIONS AND DESCRIPTIONS

 

Section 5.1.  Right to Establish, Change or Abolish Job Classification

 

            The City shall have sole and exclusive authority to establish, decide, determine and designate all occupational classifications it has to offer employees, including the right to establish new classifications, reclassify, change, consolidate or abolish existing classifications at any time, and to determine job content, duties and responsibilities.

            The City may establish new classifications and rates for classifications.  The City shall notify the Union when any new classification not listed on the wage schedule is established.  In the event the Union, within five (5) calendar days thereafter, notifies the City in writing that it disagrees with said rate, the matter shall be subject to negotiations between the parties.  The rate shall be effective as of the first date employees were assigned to the classification.  An arbitrator shall have no authority to establish, modify or eliminate any classification and shall have no authority to establish, modify or eliminate any wage rate for a classification.  The authority of an arbitrator with regard to classifications is limited to determining whether the City satisfied its obligation to provide the Union with the notice specified above when a new classification is created and for determining an appropriate reminder for any such failure not inconsistent with the terms of this Agreement.

 

Section 5.2.  Job Descriptions

 

            Job descriptions are only descriptive guidelines and not inclusive of each and every duty of a position.  The personnel office shall provide and maintain a written job description for each class of positions which shall include:

 

                        1.         an appropriate title;

                        2.         a general statement of duties and responsibilities;

                        3.         distinguishing features of work;

                        4.         examples of duties;

5.         a listing of minimum qualifications that conforms with section 5.4 of this Agreement.

 

Section 5.4 of this Agreement is hereby incorporated into all job descriptions, regardless of whether or not the job description explicitly incorporates section 5.4.

 

Section 5.3.  Duties of Employees

 

            An employee may be required by the City to perform the duties described in the job description for the employee’s class as well as any other duties which the employee has the skills and qualifications to perform.  Nothing in this section prohibits the City from requiring the employee to perform duties which are not detailed in the employee’s job description.  The City does not have to consult the Union or any employees covered by this Agreement, when making a determination that an employee has the skills and qualifications to perform duties not specifically included in the employee’s job description.  However, the City shall not act unreasonably in requiring an employee to perform duties other than those described in the employee’s job description.

 

 

 

 

Section 5.4.  Qualifications Statements

 

            The qualifications statements in each job description establish requirements that must be met by an individual before consideration for appointment or promotion to a position.  Common alternative combinations of education, training or experience are specified in the job description.  Even if such combinations are listed in a job description, however, the City retains the right to determine that other combinations qualify the person for the job, regardless of whether or not the job description explicitly states that other combinations may qualify the person for the job.  The City does not have to consult the Union or any employees covered by this Agreement, when making a determination that other combinations qualify a person for a job.

Personal traits including, but not necessarily limited to, loyalty, honesty, industry, amenability to supervision, and willingness to cooperate with others shall be qualifications required for each position, even though such traits may not be explicitly stated in a job description.

 

Section 5.5.  Job Titles

 

            A.        Official Job Titles.  Each position shall have an official job title which is specified in the classification plan and is used to identify each individual position.  The official job title shall be used to designate positions in all budget estimates, payroll documents, and personnel records and reports.

            B.        Working Job Titles.  For all purposes other than those described in section 5.5A, any suitable working job title may be used to describe an official job title.

            C.        Position Levels.  The job titles are generally indicative of the work of the position and of the level of its importance and responsibility.  Where Roman numerals are affixed at the end of a title to indicate level within an occupation subseries, the higher numbers represent the higher levels. 

 

Section 5.6.  Allocation and Reallocation of Positions

 

            The City Manager shall have authority to allocate and reallocate positions with the approval of the City Council.

 

Section 5.7.  Review of Allocation

 

            A.        Periodic Review.  The City Manager shall provide for a systematic and periodic review of classes of positions if the City Manager determines, in his or her sole discretion, that duties, responsibilities, and authority have changed substantially, or other conditions, including but not limited to an employee request for review, warrant such a review.  The City Manager shall allow the Union and employees to provide input into such a review.

 

 

ARTICLE 6

RECRUITMENT, PROMOTION, TRANSFERS AND OTHER MANAGEMENT ACTIONS

 

Section 6.1.  Right to Recruit, Promote, Discipline, Demote, Transfer and Train

 

            A.        The City shall have the sole and exclusive right to recruit, examine, select, promote, discipline, demote, transfer and train employees of its choosing and to determine the times and methods of such actions.  The City retains the right to fill any position by hiring from outside the bargaining unit.

            B.        Temporary Employees.  The parties further recognize that the Employer may hire temporary employees in the sole and exclusive discretion of the City.  Temporary employees are not covered by any of the terms of this Agreement, are not included in the bargaining unit, and are not entitled to any of the rights and benefits provided to employees under this Agreement.

            C.        A temporary Kelly Shift employee shall become a bargaining unit member after he/she has worked in a position in excess of either (1) or (2) below, whichever is reached first:

                        1.         1456 hours in any consecutive 12 month period.

                        2.         84 actual days worked in any consecutive 12 month period, with one 24 hour shift or any portion thereof being considered as one day.

            D.        A temporary employee who is not a Kelly Shift employee, or a temporary employee whose position is not funded by a one time grant from the federal or state government, shall become a bargaining unit member after he/she has worked in a position in excess of either (1) or (2) below, whichever is reached first:

                        1.         1040 hours in any consecutive 12 month period.

                        2.         180 actual days worked in any consecutive 12 month period, with one 10 hour shift (or 8 hour shift in the case of five day a week employees) or any portion thereof being considered as one day.

            E.         Upon becoming a bargaining unit member due to D(1) or D(2) above, the employee shall be entitled to all rights and benefits provided for in this Agreement.

 

 

Section 6.2.  Job Announcements

 

A.        The City shall post all job openings, whether newly created or vacant, at mutually agreeable locations in each department for a period of ten (10) calendar days prior to the expiration date for submission of applications.  The posting time frame may be shortened when required by circumstances beyond the City’s control or where necessary to ensure the continuity of City operations

B.        All qualified bargaining unit members who hold regular status and submit an application for a posted vacancy will be considered for any job vacancy covered by this Agreement along with any other public applicants.

 

C.                When two or more bargaining unit members who meet the minimum qualifications for and are interested in a position, the City of Bethel shall hire one of the bargaining unit members.

 

 

 

 

Section 6.3.  Types of Appointments

 

            A.        Probationary Appointment.  All appointments to positions in city service, including new hires, rehires, demotions for disciplinary reasons, and promotions, shall be on a probationary basis.

            B.        Provisional Appointment.  The City may fill a vacancy by means of a provisional appointment.  A provisional appointment is temporary and shall expire when a probationary appointment has been made, or it shall expire 6 weeks from the date of such appointment.

            C.        Regular Appointment.  A regular appointment is an appointment to a position after an employee has satisfactorily completed a probationary appointment to the position.  Regular appointment shall not apply to temporary positions.

            D.        Substitute Appointment.  A substitute appointment is one that is made to a position which is going to be vacant for longer than 60 calendar days because of an authorized leave of absence where the incumbent has reinstatement rights.  Upon reinstatement of an incumbent, the substitute employee may be transferred or demoted to any vacant position for which he/she is qualified, at the discretion of the City; otherwise, he/she shall go into layoff status for the position in which he/she was substitute employee or be separated from City service in accordance with Article 11 of this Agreement.  A person who obtains a substitute appointment does not have priority rights to the position, over the rights of the person for whom he/she is substituting.

            E.         Acting Appointment.  An acting appointment is made when a qualified employee may be required to serve temporarily in a vacant higher level position in which no qualified applicant is available for its filling, when an announcement of position is delayed, the employee who has a regular appointment for this position is on approved leave of absence, or for some other reason, it is not feasible to make a probationary appointment.  This type of appointment gives the acting employee no advantage in competition for regular filling of this position.  However, time in acting appointment may be counted toward experience for the class of position concerned.  Employees filling an acting assignment shall not be asked or allowed to do jobs or tasks that they are not adequately trained or licensed to do. (see Article 13.4)  An employee who obtains an acting appointment shall not always be required to perform all of the duties and responsibilities assigned to the incumbent who holds a regular or probationary appointment to the position.  The duties and responsibilities that are actually assigned to the employee who has obtained the acting appointment shall be determined by the employee’s Department Head.

            Section 6.4.  Selection of Current Employees

 

            A.        Reinstatement and Re-employment.

                        1.         Return from Military Leave.  A city employee who returns from military leave in a timely manner shall be reinstated in accordance with applicable law.

                        2.         Re-Employment after Layoff.  An employee with regular status who has been laid off may be re-employed within one year from the effective date of layoff, if the employee qualifies for re-employment under section 11.3.C of this Agreement, and has notified the City in writing that the employee wishes to be listed on the Re-employment List.  Failure to so notify the City shall result in failure to be considered for re-employment following lay-off.  A re-employed employee shall have his/her service time adjusted to his/her original date of employment less the time off the payroll.

            B.        Promotion.  A promotion is the filling of a vacancy by the advancement of an employee from a position having a lower pay range.  To promote the mutually agreed upon principle of merit, promotions shall be based upon merit and the City shall attempt to promote from within.  However, promotions shall be made at the sole and exclusive discretion of the City.

            C.        Transfer.  A transfer is the lateral movement from one position to another position in the same or a parallel class in the same pay range without any break in service.  The transfer may be within a department, or from one department to another.  An employee who is to transfer must meet the minimum qualifications for the position he/she is to transfer to.

                        1.         Within a Department.  Transfer of a qualified employee within a department from one position to another at the same position salary level may be made at the discretion of the City.

                        2.         Between Departments.  An employee may be transferred from one position to another between two departments when deemed necessary or appropriate by the City.  An employee who is to transfer must meet the minimum qualifications for the position he or she is to transfer to.

                        3.         Employee Request.  An employee may request a transfer within or between Departments by submitting the request in writing to the employee’s Department Head.  Granting of the request shall be within the sole and exclusive discretion of the City.

                        4.         Employee Application for Transfer or Promotion to Fill an Announced Vacancy.  An employee who applies for a transfer or promotion to fill an announced vacant position shall submit a written request for such personnel action through his or her Department Head to the Personnel Director.  Transfers or promotions shall be completed with the mutual agreement of the Department Heads concerned and shall be effective on the date determined by the Department Heads.

                        5.         Employee Notice of Transfer.  Upon approval of the Personnel Director, and before completion of any transfer, the employee shall be notified in writing of any change in status including pay step, anniversary date, length of service, and requirement for serving a probationary period.

            D.        Demotion.

                        1.         Reasons.  The movement of an employee to a lower pay rate or pay range is a demotion.  The decision to demote is within the sole and exclusive discretion of the City.  Demotions may be made for disciplinary reasons, at the request of the employee, in lieu of layoff, or for any other reason, including but not necessarily limited to, lack of sufficient funding or work, organizational changes or other reductions in force.  A demoted employee shall not replace another employee in his or her position.  A demoted employee may only be demoted to a vacant position.

                        2.         Employee Request.  An employee may request in writing that he or she be demoted to a vacant position in a lower pay range.  The request shall be made to the employee’s Department Head, who may not approve the request without the written consent of the Personnel Director.  Approval of the demotion is in the sole and exclusive discretion of the City, and shall be deemed to have been made on a voluntary basis.  The Personnel Director or the Department Head may require a written examination or other evidence of the employee’s qualifications for the position to which the employee requests demotion.

 

 

ARTICLE 7

PROBATIONARY PERIODS

 

Section 7.1.  Probation:  Duration of Probation

 

            Regular status is acquired by successful completion of a probationary period.  Employees may be required to take an examination or perform a working test during a probationary appointment.

            A.        Except as otherwise provided in Section 7.2 or elsewhere in this Agreement, every appointment to a bargaining unit position in the City of Bethel service shall be subject to a probation period as provided in this section.

            B.        Appointment to a position shall include a probationary period as follows:

1.         The probationary period for full time positions, except commissioned members of the Bethel Police Department who do not have a basic, intermediate, or advanced Alaska Police Standards Council certificate, is 180 calendar days.

2.         The probationary period for part time positions is 520 hours of cumulative service.

3.         The probationary period for full time commissioned members of the Bethel Police Department who do not have a basic, intermediate, or advanced Alaska Police Standards Council certificate is twelve (12) months.

            C.        Probation does not apply to a temporary appointment.

            D.        A Department head may consider service rendered in a temporary position as probationary service for a regular appointment if the regular appointment is for a position which requires the same duties and responsibilities as the temporary position.

            E.         Probationary appointments entitle an employee to the same benefits available to an employee who has obtained a regular appointment, subject to the conditions of the benefit plans, and the terms and conditions of this Agreement.

            F.         An employee who holds regular status in any position and who subsequently accepts a probationary appointment to a new position, retains return rights to the last position in which he/she held regular status.  He/she may exercise these rights voluntarily at any time prior to completion of probation in the new position or upon notification that he/she has failed to satisfactorily complete probation in the new position if a vacancy exists in the last position.  Return rights expressed in this provision do not apply to employees disciplined for cause.

 

Section 7.2.  Probation:  Former and Current Employees

 

            A.        Re-employed Employees.  A re-employed employee who obtains a position in a class different than the one held before he or she was laid off, or a re-employed employee who obtains a position in a different department from the position from which the employee was laid off, may be subject to a probationary period at the option of the Department Head with approval of the City Manager.

            B.        Promoted Employees.  An employee promoted prior to completion of the probationary period for the previous position shall complete the full probationary period for the promoted position before becoming eligible for a regular appointment to the promoted position.  However, an employee promoted prior to completion of the probationary period for the previous position shall become eligible for a regular appointment to the previous position upon completion of the probationary period for the previous position.  An employee promoted to a position after completion of a probationary period for the previous position shall complete the full probationary period in the promoted position before becoming eligible for a regular appointment to the promoted position.

            C.        Transferred Employees.

 

1.       Intra Departmental Transfer

 

When an employee with regular status transfers to a position in the same or parallel class within a department, a  probationary period  may be served at the discretion of the department head. 

 

2.      Inter departmental Transfers

 

When an employee with regular status transfers to another department, the receiving Department Head concerned shall make the decision whether a probationary period will be served, subject to advance approval of the City Manager.  The employee concerned shall be notified in writing of the requirement to serve a probationary period, before the transfer. 

 

3.      Benefits

 

Any employee who has already successfully completed a probationary period in any position will not loose the following benefits during transfer:

                        1.         Leave Benefits

                        2.         Utility Benefits

                        3.         Health/Medical Benefits

                        4.         Retirement Benefits; and

                        5.         Other benefits available to employees who have already successfully completed a probationary period.

            D.        Demoted Employees.  When an employee is demoted to a position in a class for which he/she has previously held regular status, no probationary period shall be served except if the demotion is for disciplinary reasons in which case the employee shall be placed on probation.  When an employee is demoted into a position in which he/she did not hold regular status, the Department Head shall decide whether a probationary period will be served, subject to approval of the City Manager.  The employee concerned shall be notified of the decision before the demotion.

            E.         Acting Appointment.  No probationary period will be required when serving in an acting status.  Time served in an acting appointment for a particular position shall count toward completion of probation in order to obtain a regular appointment for the same position and may be counted toward experience required in minimum qualifications for the position if and when the position becomes vacant.

 

Section 7.3.  Status Upon Completion of Probation

 

            A.        Regular Status.  Regular status shall be achieved upon satisfactory completion of a probationary appointment.  It shall be the responsibility of the Department Head to provide the Personnel Officer with a written statement that an employee has satisfactorily completed a probationary appointment.  Unless action is taken by the Department Head to separate or demote the employee or to request extension of the probationary period prior to the end of the probationary appointment, the employee shall acquire regular status on the first working day following completion of the probationary period.

            B.        Extension of Probationary Period.      The probationary period of an employee may be extended for a period of time not to exceed three (3) months and (six) (6) months for the Police and Fire Departments at the option of the Department Head and with prior written approval of the City Manager.  Notice of such extension and reasons for it shall be given in writing to the employee, with a copy to the City Manager, prior to the end of the established probationary period.  Such an extension does not affect or change the anniversary date for the employee.

            C.        Discipline or Separation during the Probationary Period.  At any time during the probationary period, a new or rehired employee (including an employee promoted before the end of a probationary period, for the duration of the probationary period for the previous position he or she held), or an employee demoted for disciplinary reasons, may be disciplined or discharged for any reason or no reason.  Just cause is not required for any form of discipline or separation during the probationary period.

            D.        When it becomes clear that an employee serving a promotional probationary period is not performing adequately, he/she shall be so informed in writing with a copy to the Human Resources’  Office.

 

 

ARTICLE 8

EMPLOYEE PERFORMANCE APPRAISALS

 

Section 8.1.  Performance Appraisal

 

            An established evaluation process is an effective means of communication between Employees and their supervisors and provides a vehicle for improvement of performance which will in turn improve services to the public.

            A.  The Personnel Office shall, in cooperation with Department Heads and others, develop and adopt a system of appraising the performance of employees in the city service.  Performance evaluation is used for the following purposes:

1.         to provide a basis for informed decisions on such matters as promotion, work assignments, training, recognition and awards and termination of employment;

2.         to keep employees advised of what is expected of them and how well they are meeting these expectations;

3.         to stimulate improved work performance and commitment to department goals;

4.         to provide a basis for meeting employee needs for growth and development;

5.         to enable management to make better use of its personnel resources;

6.         to foster an effective working partnership between supervisor and employee;

7.                  to determine the effectiveness of placement and promotion actions.

B.                                                     Preparation.  A performance evaluation report shall be prepared for all employees as set forth below.  The City shall develop and use performance standards suited to the requirements of the department.  Standards of performance established as a basis for personnel evaluation shall have reference to the quality and quantity of work, the manner in which service is rendered and such characteristics as will measure the value of the employee to the City of Bethel.  It shall be the responsibility of the Employer to provide for uniformity of the application of standards.  Employees shall be informed of such standards.

            C.        Nature, Form and Frequen­cy of Re­ports.  The City shall prescribe the nature form and frequency of performance evaluation reports, shall inves­tigate the accuracy of chal­lenged performance evaluation reports and shall, when justi­fied, take any necessary action re­quired to ensure that the evalua­tion report accurate­ly reflects the facts.  The City shall provide for uniform ap­plication of evaluation standards.  Performance evaluation reports shall be made at the third month of the probationary period, before comple­tion of each pro­bation peri­od, annually before anni­versary dates, upon promotion, demotion or trans­fer.  Perfor­mance evaluation reports may also be com­pleted at any other time at the discretion of the City.

            D.        Review of Performance Evaluation with Employ­ee.  The Department Head and/ or designee shall prepare the performance evaluation report and discuss it privately with the employee to whom it per­tains.  Em­ployees may comment on the con­tent of the per­formance evalua­tion report; such written com­ments shall be at­tached to the re­port and become a part of it.  If the em­ployee elects, the employee may ask the City Manager to investigate the employee's dissatisfac­tion with the perfor­mance evalu­ation re­port.  The City Manager shall con­duct the review as he/she deems neces­sary and advise the employee of his/her conclu­sion.

            E.         Distribution of Reports.  Upon comple­tion of de­partment review, the Department Head and or designee shall furnish the employee with a copy of the per­formance evaluation report.  The original shall be filed in the employee's central per­son­nel file.

            F.         Effect of an Evaluation.  The sub­stance of a performance evaluation report shall be deter­mined solely by the City.  The authori­ty of an arbitrator with regard to perfor­mance evalu­ation re­ports is limited to determining whether the City satis­fied its obligation to permit an employee to attach his

 

 

 

written com­ments to the report and for de­ter­min­ing an ap­propri­ate remedy for any such failure which is not in­consistent with the terms of this Agree­ment.

 

ARTICLE 9

DISCIPLINARY ACTIONS

 

Section 9.1.  General Policy

 

            The City Manager will advise and assist Department Heads in the handling of all disciplinary matters.  The City Manager shall approve all disciplinary actions concerning suspension, transfers, demotion or dismissal prior to the completion of the action, unless, in the judgment of the Department Head, immediate disciplinary action is required.  The basis for taking immediate action shall be limited to reasons of just cause or immediate danger to health, safety and welfare of city employees or the public.  In such instance, the Department Head shall have the authority to suspend the employee pending investigation and approval of the final determination by the City Manager.

            Prior consultation with the City Manager on all disciplinary actions is desirable and, time permitting, encouraged in order to provide for continuity and consistency in the application of disciplinary matters.  An employee discharged for just cause shall lose his or her seniority standing.

 

 

 

Section 9.2.  Forms of Discipline

 

            Discipline of a new or rehired employee during a probationary period, or an employee demoted for disciplinary reasons, is governed by section 7.3.C of this Agreement, and is not governed by any of the terms and conditions of Article 9 of this Agreement. 

            With respect to employees who have acquired regular status, progressive discipline shall be followed when practicable.  Department Heads and supervisors should always be aware of the continuing need for informal counseling.  When informal counseling fails to correct a situation, or when the severity of the inappropriate conduct warrants, and the City believes that the proposed discipline is in its best interests, any of the following forms of discipline may be imposed at any time so long as such discipline is supported by just cause:

                        A.        oral reprimand;

                        B         written reprimand;

                        C.        suspension with or without pay;

                        D.        demotion; or

                        E.         dismissal.

 

Section 9.3.  Disciplinary Reporting

 

            A.        Disciplinary Action Reports.  All disciplinary actions except oral reprimands shall be documented on a personnel action report form.  A record of the date, time and subject of any oral reprimand shall be maintained in the departmental personnel files.  The disciplinary report shall clearly and concisely set forth the supervisor’s reasons for disciplinary action.  The employee shall be given an opportunity to review the disciplinary report with his or her Department Head.  If the employee disagrees with the facts or conclusions contained in the report, the employee shall be permitted to submit, within four (4) calendar days after reviewing the report with the employee’s Department Head, a statement of disagreement.  The statement shall clearly and concisely set forth the employee’s reasons for disagreeing with the report.  One copy of the employee’s statement shall be appended to the report and shall become a part of it.  If the employee has no comment or has not responded within the required time frame, it shall be so noted and the report shall be forwarded to the Personnel Office for inclusion in the central personnel file.

            B.        The Department Head may, if appropriate, complete periodic reviews of the employee’s progress in correcting the cause of the original discipline.  Such reports shall be made a part of the employee’s central personnel file.  Disciplinary action reports which concern employees who have separated from city service shall remain a part of the file.

 

            Section 9.4.  Pre-dismissal, Pre-demotion, and Pre-suspension without Pay Rights of Employees Who Have Acquired Regular Status

 

            A.        The parties expressly acknowledge that this Agreement confirms their mutual intent and understanding that the grievance/arbitration process set out in this Agreement modifies employees’ rights to an adversarial hearing before an employee who has acquired regular status is dismissed, demoted for disciplinary reasons, or suspended without pay.  The parties further agree that the Agreement provides for reasonable grievance and arbitration procedures that an employee may utilize after the employee is dismissed, demoted for disciplinary reasons, or suspended without pay, and that these procedures are sufficient to satisfy the employee’s constitutional rights to an adversarial hearing.  Further, the parties expressly acknowledge that the arbitration provided for in this Agreement, and not the opportunity to present his or her position provided for in section 9.4.B below, is the sole adversarial hearing an employee is entitled to with respect to any form of discipline or adverse employment decision.

            B.        Before dismissing, demoting for disciplinary reasons, or suspending an employee without pay, an employee who has acquired regular status will be provided written notice of intent to dismiss, demote for disciplinary reasons, or suspend without pay, including an explanation of the evidence underlying the City’s intention.  The employee will then be given an opportunity to present his or her position before the dismissal, demotion for disciplinary reasons, or suspension without pay goes into effect.

            C.        The parties expressly provide and agree that employees who have acquired regular status are only entitled to an opportunity to present their positions as provided for in subsection 9.4.B before dismissal, demotion for disciplinary reasons or suspension without pay, and that this Agreement provides all employees with the only rights they are entitled to before and after any form of discipline or adverse employment decision.

 

 

 

ARTICLE 10

GRIEVANCE AND ARBITRATION PROCEDURE

 

Section 10.1.  Definition of Grievance

 

A grievance is a dispute involving the interpretation, application or alleged violation of any provision of this Agreement.

 

Section 10.2.  Procedural Steps

 

A.        Step 1: Oral Notice to Department Head.  Not later than fourteen (14) calendar days after the event giving rise to the grievance, or fourteen (14) calendar days after the employee should reasonably have learned of the event giving rise to the grievance, whichever is later, the employee must discuss the grievance with his/her Department Head.  The Department Head shall orally re­spond to the employee not later than fourteen (14) calendar days thereafter.

B.        Step 2: Written Grievance to Department Head.  If the grievance is not settled at Step 1, the employee, through the Union, not later than fourteen (14) calendar days after the event giving rise to the grievance, or fourteen (14) calendar days after the employee or Union should reasonably have learned of the event giving rise to the grievance, whichever is later, must submit a written grievance to the Department Head.  The Department Head shall give his/her written answer to the grievance to the Union within fourteen (14) calendar days after receipt of the grievance.

C.        Step 3: Written Appeal to the City Manager.  If the grievance is not settled at Step 2, the employee, through the Union, not later than fourteen (14) calendar days after receipt of the Department Head's written answer at Step 2, may file a written appeal of that answer to the City Manager.  If the City Manager is the immediate supervisor, the employee, through the Union, shall skip Step 3.  Not later than fourteen (14) calendar days after receipt of the written appeal, the City Manager, or his/her designee, shall meet with the employee and the Union representative.  The City Manager, or his/her designee, shall give his/her written answer to the grievance within fourteen (14) calendar days after such meeting, which answer shall be final and binding on the employee, the Union and the City, unless it is timely appealed to arbitration by the Union in accordance with the procedures set forth in Section 10.5 of this Article.

 

Section 10.3.  Written Presentation

 

All grievances presented at Step 2 of the procedure set forth above in Section 10.2(B) of this Article and beyond shall set forth:  the facts giving rise to the grievance; the provision(s) of the Agreement alleged to have been violated; the names of the aggrieved employee(s); and the remedy sought.  All grievances at Step 2 and beyond shall be signed and dated by the aggrieved employee and/or Union representative.  All written answers submitted by the City shall be signed and dated by the appropriate City representative.

 

 

Section 10.4.  Time Limitations

 

The time limitations set forth in this Article are of the essence of this Agreement.  No grievance shall be valid unless it is submitted or appealed within the time limits set forth in this Article.  If the grievance is not timely submitted at Step 1 or Step 2, it shall be deemed waived.  If the grievance is not timely appealed to Step 3 or beyond, it shall be deemed to have been settled in accordance with the City's Step 2 answer.  If the City fails to answer within the time limits or in the manner set forth in this Article, the grievance shall automatically proceed to the next step.

 

Section 10.5.  Step 4: Appeal to Arbitration

 

Any grievance, as defined in Section 10.1 of this Article, that has been properly and timely processed through the grievance procedure set forth in Sections 2 through 4 of this Article and that has not been settled at the conclusion thereof, may be appealed to arbitration by the Union by serving the City with written notice of its intent to appeal.  The failure to appeal a grievance to arbitration in accordance with Section 10.5 within fourteen (14) calendar days after receipt of the written answer of the City at Step 3 of the grievance procedure set forth in Section 10.2 of this Article shall constitute a waiver of the Union's right to appeal to arbitration, and the written answer of the City at Step 3 of the grievance procedure shall be final and binding on the aggrieved employee, the City and the Union.

 

Section 10.6.  Selection of Arbitrator

 

Not later than fourteen (14) calendar days after the Union serves the City with written notice of intent to appeal a grievance to arbitration, the City and the Union shall jointly request the American Arbitration Association to furnish to the City and the Union a list of seven (7) qualified and impartial arbitrators.  After receipt of that list, the City and the Union shall alternatively strike names from the list until only one (1) name remains.  The arbitrator whose name remains shall hear the grievance.

 

Section 10.7.  Arbitrator's Jurisdiction

 

The jurisdiction and authority of the arbitrator and his or her opinion and award shall be confined exclusively to the interpretation and/or application of the express provision(s) of this Agreement at issue between the Union and the City.  The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement.  The arbitrator shall not hear or decide more than one (1) grievance without the consent of the City.  The written award of the arbitrator of any grievance adjudicated within his or her jurisdiction and authority shall be final and binding on the aggrieved employee, the Union and the City.

 

Section 10.8.  Fees and Expenses of Arbitration

 

The fee of the American Arbitration Association and the fees and expenses of the arbitrator shall be borne entirely by the losing party.  If, in the opinion of the arbitrator, neither party can be considered the losing party, then such fees should be apportioned as determined by the arbitrator.  Each party shall bear its own arbitration expenses.

 

Section 10.9.  Extension of Time Frames

 

Time frames for the grievance/arbitration process may be extended only by mutual agreement of the Union and the Employer.

 

Section 10.10.  Grievance of Termination or Other Discipline Covered By Section 9.4.B Of This Agreement

 

An employee who is terminated or an employee who has been provided an opportunity to present his or her position before discipline under section 9.4.B of this Agreement (hereinafter “section 9.4.B discipline”) may file a written grievance at Step 3 within fourteen (14) calendar days after section 9.4.B discipline.  Within fourteen (14) calendar days after receipt of the grievance, the City Manager, or his/her designee, shall determine in writing whether the section 9.4.B discipline was within the scope of this Agreement.  The decision of the City Manager, or designee, is subject to arbitration.

When a grievance of section 9.4.B discipline moves forward to arbitration, the time frames of Step 4 shall apply.

 

Section 10.11.  Delivery of Grievances and Responses

 

A.        When a written grievance or response is delivered by mail, it shall be sent return receipt requested to the respondent or to the person filing the grievance.  When a written grievance or response is hand-delivered, the respondent or the person filing the grievance shall acknowledge receipt in writing on the grievance or response.  When a written grievance or response is delivered by facsimile, a hard copy shall be delivered by mail.  Copies of all written responses to grievances at any step shall be sent to the APEA/AFT Field Office in Anchorage.

B.        For the purposes of the time frames in this Article, a grievance or response delivered by mail or facsimile shall be considered submitted on the date of mailing or date of facsimile, but the time for response or for filing the next step shall not begin to run until the day after actual receipt.  A hand-delivered grievance or response shall be considered submitted on the date of delivery, and the time for response or for filing the next step begins to run on the day after that date.  If the last day of a time period falls on a Saturday, Sunday or holiday, the period will be extended until the next business day.

 

Section 10.12.  Sole and Exclusive Nature of Grievance Procedure

 

The grievance procedures of this Agreement are the sole and exclusive remedies of the employees of the City of Bethel alleging violations of this Agreement and/or any disciplinary actions.  An employee must fully exhaust these remedies prior to filing any lawsuit or other administrative action.  If an employee does not exhaust these remedies prior to filing any lawsuit or administrative action, such failure shall be grounds for dismissal of the lawsuit or administrative action.  If the Union elects not to pursue a grievance, either initially or at any subsequent step in the grievance procedure, the employee may pursue the grievance.  Any employee who elects to pursue a grievance without the assistance of the Union must comply with all filing and other requirements of the grievance procedure.  The City is not required to file a grievance under this Agreement.  Should it become necessary for the City to enforce the terms of this Agreement, it may do so by either filing a petition for enforcement with the Alaska Labor Relations Agency or through a judicial action.

 

 

ARTICLE 11

SEPARATION

 

Section 11.1.  Actions That Constitute Separation from City Service

 

An employee shall be separated from City service upon the occurrence of any of the following:  resignation, medical separation, retirement, dismissal for any reason or no reason during the initial, rehire, or disciplinary demotion probationary periods, dismissal for just cause after attaining regular status, termination of seasonal employment, or failure to obtain a vacant position following lay off as provided for in Section 11.3 of this Agreement.

 

Section 11.2.  Resignations

 

            A.        Notice of Resignation.  An employee who desires to resign shall give at least two week’s written notice to his or her immediate supervisor.  The period of notice may be reduced or waived by the City upon recommendation of the Department Head.  A notice of resignation shall become part of the personnel file.

            B.        Withdrawal of Resignation.  An employee may withdraw his or her resignation prior to the effective date stated in the notice of resignation only with the written approval of the Department Head and the City Manager.

            C.        Failure to Give Adequate Notice.  Failure to give adequate notice shall be noted on the employee’s separation documents and may preclude consideration for future employment.

            D.        Effective Date of Resignation.  The effective date of resignation pursuant to a notice of resignation shall be the last day on which the employee works.

 

Section 11.3.  Layoffs

 

            A.        Reason for Layoff.  The City has the sole and exclusive right to lay employees off due to the following:

1.         a reduction in force because of a shortage or reduction of work or funds;

2.         the abolition of a position;

3.         material change in departmental organization;

4.         end of a substitute appointment upon return of the incumbent;

5.         failure of an employee to successfully complete the probationary period following promotion; or

6.         any other legitimate business reason not inconsistent with the terms of this Agreement.

The decision to lay off employees shall be made solely by the City and shall not reflect discredit upon the services of the employee.  An employee shall be given at least two (2) week’s advance notice of an impending layoff.

The City shall not lay off a bargaining unit member and reclassify their former position with the intention of filling the position with a temporary hire to perform the old duties.

 

            B.        Layoffs Due to Reduction in Force.  An employee who is subject to layoff due to a reduction in force shall have the right to displace another employee only in accordance with the following conditions:

1.         such displacement occurs in the same Department;

2.         the employee subject to layoff has more seniority than the displaced employee;

3.         the City Manager determines that the employee subject to lay off has the requisite qualifications for the position held by the displaced employee;

4.         the displaced employee’s position is in a lower classification than the position of the employee subject to lay off;

5.         the employee subject to lay off previously attained regular status in the position of the displaced employee;

6.         the displaced employee is the least senior employee meeting the above conditions.

C.        Eligibility for Re-employment.  An employee with regular status in the position from which the employee was laid off may be re-employed if a vacancy exists in the class of position held, or a position in a parallel class, within one year of lay off, and the employee has complied with the notice provisions of section 6.4.A.2 of this Agreement.  Acceptance of an appointment to another position, other than a temporary position or provisional appointment, constitutes satisfaction of an employee’s re-employment rights.

D.        Other Conditions.  An employee subject to layoff may be offered any vacant position in the same or lower pay range.  If no such vacancy exists or becomes available within three months of the employee’s lay off, the employee shall be separated from City service, unless section 11.3.C applies to the employee’s lay off.  If a laid off employee is not re-employed in accordance with section 11.3.C, or does not displace another employee in accordance with section 11.3.B, the employee shall be separated from City service.

 

Section 11.4.  Severance Pay

 

The value of an employee’s accumulated annual and sick leave in accordance with Article 16.5 shall be paid to the employee without undue delay along with the employee’s final paycheck following separation.  At the sole and exclusive discretion of the City Manager, an employee may receive severance pay.  The employee’s final paycheck shall be available at the Personnel Office within the prescribed State of Alaska time limits.  On or before the employee’s last day of work, the employee shall complete all termination paperwork as required by the City of Bethel.

 

Section 11.5.  Medical Separation

 

An employee who is unable to return to work following approved medical leave without pay shall be separated in good standing from City of Bethel employment.  Depending on the type of injury or illness, and whether it happened on or off the job, the employee may be able to take part in either the Long Term Disability Program with the City of Bethel health benefit plan or the Long Term Disability Plan under the retirement system.  Employees are responsible to make themselves aware of the particular requirements in both Long Term Disability plans and should contact the City if further information is required, beyond what is provided in the plan documents.

 

 

 

ARTICLE 12

MANAGEMENT RIGHTS

 

Section 12.1.  Management’s Authority

 

            In addition to the rights and authority provided to management elsewhere in this Agreement and under state, federal, or local law, the City shall remain vested with all management authority and rights unless specifically restricted by an express provision of this Agreement, including, but not limited to, the right to direct the work force, the full and exclusive right to hire, promote, demote, dismiss, discipline, lay off, and separate employees from City service; to promulgate rules and regulations governing the conduct of employees and to require their observance; to make all appointments and job assignments, determine all job descriptions, develop all job descriptions, assign positions to classes, and assign classes to pay ranges, to control the use of leave so as not to jeopardize the functions of the Employer; to establish and direct the locations and methods of work, job assignments and work schedules; to subcontract work; to close down, relocate, expand, reduce, alter, transfer or cease any job, department, operation or facility; to decide, determine and designate all job classes and job classifications it has to offer employees, including the right to establish, reclassify and abolish positions; to determine job content, duties and responsibilities; to maintain order and efficiency; to determine the work day and work week; to reduce or expand the work force; to control, direct and supervise all equipment and employees; and to determine the nature, type, location and duration of services to be performed for the City.  This listing of management rights is not all-inclusive.  The City reserves all rights granted to it by the Alaska Public Employment Relations Act unless expressly waived or modified by the terms of this Agreement.  All of the functions, rights, powers and authority of the City not specifically abridged, delegated or modified by this Agreement are recognized by the Union as being retained by the City.  The City’s failure to exercise a management right does not preclude the City from exercising it at some time in the future.

            The City retains all rights and authority to operate and direct employees of the City as exercised by the City prior to July 10, 1996, unless such right or authority has been modified by the terms of this Agreement.

 

Section 12.2.  Contracting Work

 

            It is the general policy of the City to continue to utilize its employees to perform the work they are qualified to perform.  However, the City reserves the right to contract out any work it deems necessary in the interest of efficiency, improved work product, economy or emergency. Except where an emergency exists, as defined by City of Bethel Ordinance No. 163 or Bethel Municipal code 4.20.190, before contracting out work which will result in the loss of work for existing bargaining unit employees, the City will offer to meet and confer with notice given at least fourteen (14) days before finalizing a contract with a third party. The City agrees to provide the Union with the names of all bargaining unit members who may be subject to layoff, including whether they may have continuing employment rights under Sections 11.3 B or 11.3 D. Meet and confer topics may include the impact of a contracting out decision on existing employees, and whether the work to be contracted out can be performed as efficiently and economically using existing employees.  Where practicable and provided it can do so consistent with the State Procurement code, the City will provide the Union with costing information related to a decision to contract out in the course of the meet and confer process. Where contracting out has occurred as a result of an emergency, the City shall meet and confer with the Union within five (5) working days to discuss employment consequences for any affected employees. That the City has agreed to meet and confer over contracting out decisions is not to be construed as creating a mandatory obligation by the City to bargain with the Union over any decision to contract out work.

 

ARTICLE 13

PAY

Section 13.1.  Pay Rates

 

 

            A.        Wage Schedule. 

                        1.   All employees shall be paid accord­ing to the wage schedule set out in Appendix B-1 commensurate with the pay range to which his/her position has been assigned. 

                       

                        2.   Bargaining Unit members who have between six (6) and ten (10) years of experience shall receive a $750.00 longevity payment on or about December 1, for each year of the term or this agreement (2008, 2009, 2010). Bargaining Unit members who have more than ten (10) years of service shall receive a $ 1000.00 longevity payment on or about December 1, for each year of the term of this agreement (2008, 2009, 2010).

 

           

 

B.        Starting Rate on Initial Employment.  Original appointment to any position shall be made at the entrance rate, and advancement from the entrance rate to the maximum rate within a pay range shall be by successive step.  Upon recommendation of the Department Head, the City Manager may approve initial compensation at a rate higher than the minimum rate in the range for the position when the needs of the service make such action necessary, provided that any such exception is based on the applicant's experience and ability over and above the qualification requirements specified for the class, or a critical shortage of applicants exists.  The basis for the request shall be in writing and approval for such shall be in writing prior to appointment.

            Police Officers, non-certified and without experience, hired on or after July 1, 2008, shall begin at Range 6 Step C, of the wage scale effective July 1,2008, as the “Entry Level” position. Police Officers hired prior to July 1, 2008, who do not have a prior condition upon employment, and are within two step levels of step C, shall receive a one step increase.

 

C.        Reinstatement and Re-employment of Employees.

1.         Reinstatement of Veterans.  Employment rights of veterans and other military personnel shall be governed by applica­ble law.

2.         Re-employment of Laid-Off Employees.  When a laid-off employee is re-employed under Section 6.4.A.2 and 11.3.C of this Agreement, he/she may be entitled to the same pay he/she had when laid off.  If the last position held is still within the same pay range, the employee shall be paid at the same step at which he/she was paid previously.  If the position has been reclassified to a different pay range than the pay range it was assigned to when the employee was laid off, the employee shall be paid at the same step in the new pay range that the employee was paid in the old pay range.  His/her length of service shall be adjusted by the number of months and/or days laid off.  A probationary period may be required in accordance with section 7.2.A of this Agreement.

D.        Rehire.  A former employee may be rehired at the same pay rate or step he/she had before separation or any  other pay rate or step in the pay range applicable to the position he/she is rehired for, as determined by the Department Head, with the approval of the City Manager.  In establishing the pay rate or step, consideration shall be given to experience and education acquired since leaving city employment applicable to the position.  The employee must serve a probationary period, but shall not be entitled to a probationary increase at the end of the probationary period unless he/she did not receive one in previous employment or unless he/she is rehired at the entrance level.  The anniversary date shall be the date of rehire.  Length of service date shall be set in accordance with Section 13.3 of this Article.

E.         Rate of Pay on Promotion.

1.         Normal Promotion.  Unless otherwise provided in this section, a promoted employee shall be paid at step A in the new pay range or at that step in the new pay range which will provide the employee with a one step incremental increase from the step held in the employee’s previous pay range.

 

2.         Upward Reclassification of a Position.  In any case where a position is reclassified upwards, the pay step of the employee occupying the position shall be that step in the new range which will provide the employee with initial compensation at least equal to the step held in the old range. Length of service date remains unchanged, and no additional probationary period shall be required beyond that required of the position that is reclassified upwards.

3.         Upward Range Change.  In the case of an increase in the pay range for a class of positions, the pay step of the employee in the new pay range shall be at the same step in the new pay range as held in the old range.  Length of service date remains unchanged, and no additional probationary period is served beyond that required of the position subject to the upward range change. For range changes as a result of a new CBA, the employee’s range shall be the same step and range in the newly adopted pay scale, then will be upwardly moved to the new range and placed at the closest step above the prior adjusted wage. For example, an employee at a range 5, step B  moves up to a range 6 will go to a step “A”  since this is the closest pay to his old wage.

 

4.         Promotion Following Demotion in Lieu of Layoff.

a.         If an employee is promoted back to his/her former pay range within one year following a demotion in lieu of layoff, he/she shall be placed at the same step the employee was paid at prior to the demotion in lieu of layoff.

b.         If an employee is promoted within one year to a pay range lower than that which applied to the employee before a demotion in lieu of layoff, he/she shall be placed at the same step in the new pay range which the employee was paid at in the old pay range before demotion in lieu of lay off.

F.         Starting Rate on Lateral Transfer.  When an employee is assigned to a new position in the same class and department for which he/she is qualified, he/she shall be transferred at the step he/she was receiving, and no probationary period shall be served.  His/her anniversary date shall remain the same as in his/her former position.

1.         Transfer to a Parallel Class or to Another Depart­ment.  When employees are transferred to a position in a parallel class, or transferred from one department to another, to a position in the same or a parallel class, he/she shall be transferred at the step he/she was receiving, and his/her anniver­sary date and length of service date are not changed.  Employees so transferred may be required to serve a probationary period. See Article 7 for Intra Departmental transfers and Inter Departmental transfers.

G.        Demotion.

1.         Pay Step.  When an employee is demoted, his/her pay step shall be that step which is determined by the Department Head and approved in advance by the City Manager.  In determining the pay step, consideration should be given to the following:

a.         Demotion for Disciplinary Reasons.  An employee demoted for disciplinary reasons generally shall be placed in Step A of the pay range.

b.         Demotion in Lieu of Layoff.  Employees demoted in lieu of layoff generally shall be placed in Step D in the pay range for the lower class or the step closest to his/her present step, whichever is lower.

c.         Demotion during Promotional Probationary Period.  An employee demoted during a promotional probationary period shall be placed in the previous pay range and step which he/she held before promotion.

d.         Voluntary Demotion.  An employee who voluntarily demotes to a position in a lower pay range shall be paid at that step in the lower pay range that the City Manager determines is appropriate, after consultation with the affected employee and his/her Department Head.

2.         Anniversary Date.  Anniversary date of a demoted employee shall remain the date held before the demotion.

3.         Length of Service Date.  Length of service date of a demoted employee shall remain unchanged.

 

Section 13.2.  Advancements Within a Pay Range

 

A.        On Completion of Probation.  Upon satisfactory completion of the probationary period after initial appointment, the entrance salary of the employee shall be advanced one increment to the next higher step in the pay range for the class to which his/her position is allocated.  The probationary period may be extended and probationary increase withheld with prior approval of the City Manager in accordance with Article 7.  An employee will not receive a probationary increase if:

1.         This Agreement specifies that no probationary increase shall result, even though a probationary period must be served;

2.         Where employees are promoted, appointed or reappointed at the maximum step; or

3.         The City Manager determines that the employee shall not receive a probationary increase at the end of the current probationary period because the employee has already received a pay increase within the previous six months because of a promotion before the end of a probationary period, an upward range change affecting the employee’s position, or a merit increase.

B.        When employees are part-time, they shall be paid at the hourly rate in the step assigned for the actual number of hours worked in each period.  Appointment of part time employees shall be in probationary status, and a probationary pay increase may be awarded, if earned, when an employee has completed 520 hours of cumulative service.  Part time employees shall be entitled to utility benefits provided for in this Agreement.

C.        Annual Step Increase.  After successful completion of probation, employees shall have their performance reviewed annually, or in accordance with Article 8 of this Agreement.  Their salaries shall be advanced after an annual performance review to the next higher step within the range based upon a satisfactory or better performance review.    Such advancement may be made annually until the employee has reached Step L in the pay range for his/her position.  Two years after reaching Step L, an employee may advance to Step M.  Two years after reaching Step M, an employee may advance to Step N.  Dates for such review and advancements shall be the employee's anniversary date and annually thereafter as adjusted by the number of calendar days that total leave without pay exceeds thirty (30) during the calendar year.

Annual step increases shall be based on merit.  A step increase must be earned and is not granted automatically.  In determining whether or not to grant an annual step increase, the Department Head shall give consideration to the objective evaluation of an employee's work performance, recorded on a performance evaluation report.  Any annual step increase shall be approved by the City Manager.  When the overall report shows an above average or higher rating, and when it is shown that the employee has demonstrated performance of a progressively greater value to the city, a step increase shall be approved.    If a step increase is earned, and the evaluation is not completed by the employee’s anniversary date for reasons other than the fault or delay of the employee, the step increase shall be retroactive to the employee’s anniversary date.

D.        Completion of Police FTO and Academy.    Police Officers in their initial employment with the City, shall advance one step upon the successful completion of: an approved training academy; field training; and, 6 months of service with the City. They shall be eligible to receive another one step advance upon their one year anniversary date with the city.

 

E.         Lateral entry police officers (currently police officers, corporals, sergeants and investigators, lieutenants) who are currently Alaska Police Standards Council (APSC) certified as police officer and /or currently POST certified in a state that has reciprocity with Alaska, will have a minimum entry level  of  step D to a maximum step F in their respective pay ranges, based upon years of experience as police officer, training, certification and education based on sole and exclusive discretion of the chief of police or city manager.

 

F.         Employees that are assigned the additional responsibility of shift supervisor shall be compensated one additional pay step in their current pay range.

 

Section 13.3.  Length of Service

 

A.        "Length of service" means the number of days of all service rendered by an individual during employment with the City of Bethel, regardless of the position(s) occupied as measured in accordance with this section.

B.        The length of service for a person who is a city employee and who has remained continuously employed by the City shall be measured from the date of that employee's initial appointment to city employment for leave accrual rate and service awards, excluding:

1.         all leave without pay in excess of ten (10) days during each calendar year, unless otherwise required under the state or federal family medical leave acts;

2.         every day between the employee's separation date(s) and re-employment date(s) with the City of Bethel;

3.         time spent by the employee in a temporary position unless that employee moved directly from such temporary position to a regular appointment without a break in service.

 

Section 13.4.  Special Types of Appointments

 

A.        Substitute Appointments.  Substitute employees shall serve a probationary period.  They are eligible for pay increases and fringe benefits only in accordance with the other terms and conditions of this Agreement.

B.        Acting Appointments.

                        1.         Policy.  This procedure applies to an acting appointment of an employee who has been assigned to a class with a higher pay rate either because of the absence of an incumbent employee who is in the higher classification or because the operating requirements present the need for such duties to be performed for a period of time.  Acting assignments shall not exceed six (6) months in duration.  However, a Department Head is not precluded from requesting that an acting assignment be continued beyond the six (6) months indicated provided the Department Head can show that the continuation of the assignment is necessary and that the need will exceed six (6) additional months.

                        2.         Procedure.  The following criteria must be met before an employee can be appointed to an acting assignment to a higher class:

a.         The employee must possess the minimum qualification of the higher classification.

b.         The employee must perform the full range of duties at the higher classification when assigned.

c.         The assignment should not cover normal scheduled vacations

d.          The assignment should not cover sick leave of less than five working days.

e.          Before requests for acting assignments to higher classes can be approved, the Department Head must provide the City Manager with justification and indicate the change in title and salary.

 

            The employee appointed to the acting assignment in a higher classification shall receive a minimum of a one step increase in pay or be paid at the new range, step (A), whichever is higher.

            Requests to extend an acting assignment beyond the time limits must be made in writing to the City Manager at least one (1) week prior to the end of the time limit.  The City Manager shall review the request.  The City Manager shall notify the Department Head of his/her decision orally, then by signature approval.

 

            C.        Field Training Officer.  All Police Department Officers assigned Field Training Officer (FTO) duties, shall receive a pay differential of one step for each hour so worked as an FTO.

 

Section 13.5.  Overtime

 

A.        Policy.  It is recognized that overtime duty is an occasional necessity and must be worked if assigned.  Department Heads are responsible for seeing that no abuse of overtime occurs.  All overtime work must have the prior approval of the Department Head except in emergencies that preclude such prior approval.  The Department Head shall review the record and certify overtime approved for payment.

B.        Pay Rates for Overtime.

1.         Overtime

Employees shall be paid at one and one-half times their regular rate of pay for all hours actually worked in excess of forty (40) hours in one (1) week.

2.         Call Out Pay.  Employees shall also receive overtime pay if their normal shift has been completed and they are "called out" to perform additional work by their supervisor or if the employee’s supervisor requires the employee to report before his/her normal shift is scheduled to begin.  This "call out pay" shall have a two (2) hour minimum.  For employees of the Fire and Police Department which have chosen the Fair Labor Standards Act 213(b)(2) exemption, those employees shall be paid regular overtime according to FLSA standards.  Call out pay shall remain as specified above.

3.         Stand-By Pay.  In cases where it is found necessary to have employees remain available for work in a "stand-by" status after regularly scheduled hours, on scheduled days off, or holidays, they shall receive $3.00 for each hour of stand by.

 

Section 13.6.  Shift Differential

 

A.        All employees, except Kelly Shift employees of the Fire Department and Port Facility employees, while assigned to a shift which begins between 12:00 p.m. and 7:00 p.m. shall be paid an additional amount which equals 3 % above their regular rate for all hours worked.

B.        All employees, except Kelly Shift employees of the Fire Department and Port Facility employees, while assigned to a shift which begins between 7:00 p.m. and 4:00 a.m. shall be paid an additional amount which equals 6 % above their regular rate for all hours worked.

C.        Shift differential shall be paid for those regular shift hours actually worked.  Hours over 40 worked in a week when an employee works at least one shift during the week that begins between 2:00 p.m. and 4:00 a.m. shall be paid at one and one half times the weighted average regular rate for the employee for that week, taking into account the number of hours worked with and without shift differential.

D.        Department Heads and supervisors are responsible for providing the Payroll Office with the information needed to correctly process the time cards.

 

 

Section 13.7.  Ef­fective Date of Changes in Payroll Actions

 

Nothing in this Agreement shall prohibit retroactive pay approved by the City Council or required because of administrative oversight or error as determined by the City Manager.

Personnel action implementing any change in status or pay shall be effective upon approval of the City Manager provided such changes are received by the Payroll Office at least ten (10) working days prior to the effective date.

 

 

 

Section 13.8.  Total Remuneration

 

The pay rate determined for a position under this Article shall represent the total remuneration for the employee, not including reimbursement for expenses approved by the Department Head.  Except as provided in this Article, an employee shall not receive remuneration from any person other than the City for performance of his or her ordinary duties or any other additional duties which may be imposed upon him or her, or which he or she may undertake or volunteer to perform.

 

Section 13.9 Alaska Public Employees Retirement System

 

The City of Bethel is a member of the State of Alaska Public Employees Retirement System (PERS).  All new employees hired after June 1, 1991 are required to be part of this plan if they meet the minimum requirements of the state system.

 

To apply for retirement, the completed PERS form must be received in the PERS office in the month before retirement benefits become available.  Benefits are not paid retroactively, unless payment was delayed by the PERS office.  After receipt of an application for retirement, PERS will then return forms that must be completed by the employee and the City of Bethel.

 

 

 

ARTICLE 14

HOURS OF WORK

 

Section 14.1.  Regular Hours of Work

 

Regular working hours of City of Bethel employees shall consist of a five (5) day week, eight (8) hours a day, forty (40) hours a week.  The standard work week shall consist of the period from midnight Sunday to the following midnight Sunday.  The standard work day shall consist of the period midnight to midnight.

 

Section 14.2.  Shifts

 

The following three (3) types of regular shifts are authorized:

A.        Established Shift.  A regular shift (examples, 8:00 a.m. to 5:00 p.m., 7:30 a.m. to 4:30 p.m., 7:00 a.m. to 5:00 p.m.) that applies to all employees of a department, division, section of work unit.

B.        Flex Time.  A designated period (e.g. 7:00 a.m. to 6:00 p.m.) during which employees may select an eight (8) or ten (10) hour work period, with the approval of their Department Head.

C.        Kelly Shift.  A rotating twenty-four (24) hour, three (3) shift cycle used by the Fire Department in providing round the clock coverage.  The shift change will be at 9:00 a.m. unless the parties mutually agree to either an earlier or later change time.  Any change made shall not start earlier than 8:00 a.m. or later than 10:00 a.m.  If the parties agree to a change in the time, the change must remain in effect for a minimum of six (6) months.  Before a change is made, thirty (30) calendar days written notice will be given to the affected employees.  The provisions of this subsection will not apply to employees undergoing basic training.

 

Section 14.3.  Temporary Schedules

 

Temporary shifting of employees' working hours to meet routine needs may be implemented as necessary if approved by the Department Head.  Changes of shifts which envision changes of thirty (30) minutes or less at starting time may be approved by the Department Head for periods less than one (1) week.  Changes for more than one (1) week must provide at least one (1) week's advanced notice to employees and be given personally to employees in writing or verbally, except in emergency situations, as defined in Bethel Ordinance 163 or Bethel Municipal Code 4.20.190, or when the employees waive the need for notice.

 

 

Section 14.4.  Lunch Period

 

Department Heads may authorize either one hour or one-half hour unpaid lunch periods to meet operational staffing requirements.  Such periods will normally be taken at mid-shift.

 

Section 14.5.  Changes of Permanent Schedules

 

All changes of permanent working schedules shall provide those employees affected, at least one (1) month’s notice of the change, except in unforeseen emergency situations or when the employees waive the need for notice, or they will be paid at their overtime rate of pay for all hours worked within the 30-day notice period.

 

ARTICLE 15

HOLIDAYS

 

Section 15.1.  Recognized Holidays with Pay

 

The following days will be recognized as holidays with pay for all employees in full and part time positions.  Fire fighters’ pay in lieu of holidays shall be as stated below.

 

                        New Year's Day

Washington's Birthday (third Monday in February)

Memorial Day (last Monday in May)

Independence Day

Labor Day

Alaska Day

Veteran's Day

Thanksgiving Day

Day after Thanksgiving Day

Chief Eddie Hoffman's Day

Christmas Day

Employee’s Birthday

Employees may choose to take their birthday leave at any time during the calendar year, except on another recognized city holiday, with prior approval of the Department Head.

 

Section 15.2.  Holiday Falling on a Saturday or Sunday

 

When a recognized holiday falls on a Saturday, the preceding Friday shall be recognized as the holiday.  When a recognized holiday falls on a Sunday, the Monday following shall be recognized as the holiday.  When a full-time employee's regularly scheduled time off falls on a recognized holiday, the Department Head shall allow, if scheduling permits, that employee to take another day off during the week in lieu of the holiday.  If the employee is unable to take the time off he/she shall be compensated with eight (8) hours of regular pay in addition to holiday pay.

 

Section 15.3.  Computation of Holiday Pay

 

A.        Full-Time Employees.  Full-time employees shall receive their regular straight time rate for pay for recognized holidays.

B.        Part-Time Employees.  Part-time employees shall receive pay for recognized holidays which occur in their standard work period measured by the applicable straight time hourly rate multiplied by the average number of hours worked by the employee during the prior four (4) weeks.

C.        Holiday during Annual or Sick Leave.  A recognized holiday occurring during an employee's annual or sick leave shall not be counted as a day of annual or sick leave.

 

Section 15.4.  Forfeiture of Holiday Pay

 

Employees shall forfeit their right to payment for any holiday if they are on leave without pay for the entire shift on the last regular work day preceding such holiday or on the next regular work day following such holiday.

 

 

Section 15.5.  Pay for Full-Time Employees Who Work on a Holiday

 

Full-time employees who are required to work a full shift because of an emergency or performance of essential public services shall be entitled to one and one-half times (1 1/2) times his/her regular rate of  pay in addition to their normal holiday pay.  A full-time employee who is "called out" to work part of a shift on a recognized holiday shall be paid as per the call-out pay provision in Article 13, Section 13.8(B) of this Agreement.

 

Section 15.6.  Holidays for Kelly Shift Employees

 

A.        Holidays for Kelly Shift employees shall be compensated in the following manner.  An employee shall be paid the following pay period for those holidays preceding.  Holiday pay shall be equal to the employee's Kelly Shift straight-time rate of compensation multiplied by the number of holiday hours prior.  Each full day holiday is twenty-four (24) hours; each half day holiday is twelve (12) hours; birthday and personal days are twenty-four (24) hours.

B.        In the event the City declares an additional holiday other than those listed above, firefighter employees shall be eligible for such additional holidays as described in paragraph (A) above.

1.         If an employee is on leave of absence without pay on the last regular work day preceding or the next regular work day following a holiday, such employee shall forfeit his or her right to payment for that holiday.

                        2.         Payment for the forty (40) hour employees who work on a scheduled holiday shall be in accordance with Section 15.5 above.

 

 

 

ARTICLE 16

LEAVE

 

Section 16.1.  Policy

 

            Annual leave, sick leave, and other additional leaves are provided to City of Bethel employees only in accordance with the terms and conditions of this Article.  Seasonal employees are not entitled to any of the leaves provided for in this Article.  All leave shall be earned and used on an hour for hour basis.

 

Section 16.2.  Annual Leave Accrual

 

            A.        Rate.

                        1.         Full-time employees shall accrue leave at the following rates which shall be posted on the first two paychecks issued in any month:

 

                        Length of Service                                           Biweekly Accrual

                        0 thru 2 years                                                  6 hours

                        2 years + 1 day thru 5 years                            7 hours

                        5 years + 1 day thru 10 years                          8 hours

                        10 years + 1 day thru 15 years                        9 hours

                        15 years + 1 day thru 20 years                        10 hours

                        20+ years                                                         11 hours

 

                        2.         Kelly Shift employees of the Fire Department shall accrue leave at the following rates which shall be posted on the first two paychecks issued in any month:

 

                        Length of Service                                           Biweekly Accrual

                        0 thru 2 years service                                      9 hours

                        2 years + 1 day thru 5 years service                10 hours

                        5 years + 1 day thru 10 years service              11 hours

                        10 years + 1 day thru 15 years service            12.5 hours

                        15 years + 1 day thru 20 years service            14 hours

                        20+ years service                                             16 hours

 

                        3.         Part-time employees shall accrue annual leave at fifty percent (50%) of the rate for full-time employees.

            B.        Annual Leave Accrual.  Leave accrues during the period of time an employee is on paid leave.  Such additional accrual shall be canceled if the employee fails to resume duty on completion of his or her authorized leave.  Leave does not accrue during periods of injury leave or leave without pay.

            C.        Annual Leave Accrual Limits.  Accrued and unused leave may be carried over from one year to the next for the purpose of accumulating an annual leave account or reserve; however, on December 31 of any year an employee may not have more than 400  hours’ leave to his or her credit (576  hours in the case of Kelly Shift employees of the Fire Department).

            D.        Annual Cash Out Upon Termination.  Accrued and unused annual leave shall be paid to a terminated employee within ten (10) working days of the effective date of termination.  Accrued annual leave will be paid upon termination only to those persons who have been continuously employed by the City for a minimum of six (6) months.  Employees may not be kept on leave status to “run out” their annual leave after termination.

 

Section 16.3.  Annual Leave Cash-Out and Donation

 

A.        Cash-Out.  Cash-out in lieu of accrued annual leave may be obtained if requested in writing and approved by the City Manager, provided the employee retains at least 80 hours (112 hours in the case of Kelly shift employees of the Fire Department) of annual leave in his or her annual leave account following cash payment.  Payment will be made no later than one (1) pay period following the pay period in which the request was made.

            B.        Donation of Leave.  Requests for permission to donate annual and/or sick leave to a fellow employee shall be approved only for serious medical problems, hardship or some truly exceptional emergency.  Each employee may donate a combined total maximum of forty (40) hours of annual and/or sick leave in a calendar year, with the prior approval of the City Manager.

            C.        Advance Leave Pay.  The Finance Director’s office shall provide for advance leave pay when the request is submitted in writing two (2) weeks in advance of the scheduled leave period and is approved by the Department Head.

 

Section 16.4.  Regular Use of Annual Leave

 

            A.        Employees shall be allowed to use any amount of accrued leave at the time they desire that will not be detrimental to department operations, as determined by the Department Head.  Leave shall be used on an hour for hour basis.  Department Heads shall establish a vacation leave schedule in January and shall give consideration to length of city service in determining such schedules.

            B.        At least forty (40) hours of leave (fifty-six (56) hours in the case of Kelly Shift employees of the Fire Department) must be taken each year by December 31, with the exception that this limitation shall not apply to new employees until the second December 31 following their date of hire.  It is the responsibility of the Department Head to ensure that work is conducted and leaves scheduled so that employees shall have the opportunity to use their leave at a time that most nearly meets their desires.

 

Section 16.5.  Sick Leave

 

            A.        Purpose.  Accumulation of sick leave is allowed primarily for the purpose of providing an employee with an economic cushion to be used in the event of a major illness or lengthy absence for some medical reason.

            B.        Sick Leave Accumulation.  Full-time employees shall accrue sick leave at the following rates:

 

                                                            Regular Employee                   Kelly Shift Employee

                                                            Accrual for                              Accrual for

                                                            Each Bi-Weekly                      Each Bi-Weekly

                        Length of Service       Pay Period                               Pay Period

                        All employees             4 hours                                                12 hours

 

            C.        Sick Leave Accrual Limits.  Sick leave can be accumulated up to a maximum of 720 hours (979 hours for Kelly Shift employees of the Fire Department) as of December 31st of each year.

            D.        Use.

                        1.         Use of Sick Leave.  An employee eligible for sick leave with pay may use such sick leave for absence due to illness, injury, exposure to contagious disease that requires quarantine, or due to illness or death in the employee’s immediate family requiring the employee’s personal attendance.  Doctor, dental, and appointments with other licensed health care providers shall be included

 

as cause for sick leave.  An employee who wishes to use sick leave must inform the employee’s supervisor in advance of taking the leave, or as soon as possible after the employee or an immediate family member become ill.  Failure to inform a supervisor of the need to use sick leave may be grounds for discipline, up to and including, dismissal.  Compensation for sick leave shall be paid when leave is used.  Advance compensation for sick leave shall not be paid unless approved in advance by the City Manager.

                        2.         Licensed Health Care Provider’s Certificate.  When an employee’s absence is for more then three (3) consecutive working days, he or she shall provide certification from the employee’s or immediate family member’s licensed health care provider indicating the reason for the absence.  The Department Head may require a licensed health care provider’s certificate at any time before approving sick leave with pay; such certification shall be provided in advance of taking sick leave, unless the health care provider certifies that such advance notice was not possible.  A certificate shall be transmitted to the Personnel Office for entry into the employee’s records.

            E.         Sick Leave Use Upon Termination.

                                               

 

  1. Employees with six years or more of continuous employment with the City of Bethel and are within ten years of retirement, either  by age or by years of  service, on July 1,2008, shall be allowed to cash in 100% of  their accrued sick leave upon retirement or separation of  employment with the City.
  2. Employees with  six years or more of continuous service but with more than ten years to retirement, either by age or years of service, may cash out as a one time offer which expires August 31,2008 according to the following scale:

18 years           80%

17 years           75%

16 years           70%

15 years           65%

14 years           60%

13 years           55%

6-12 years        50%

----------------------------------

Employees choosing this option will not have the option to cash in sick leave upon retirement or separation from the city.

 

3.         Employees who have not cashed out their sick leave according to the scale above, may “sell” to the City one fourth (25%) of the sick leave accrued each year to a maximum of four days provided the employee has 80 hours of sick leave in reserve. Fire Department Employees under the Kelly Shift schedule need to keep a balance of 106 hours in reserve.

 

4.         Employees who are employed prior to July 1, 2008, with two years of service and up to six years of service may, prior to August 31, 2008, put all hours above 80 hours of sick leave (106 for Kelly shift employees) in a sick leave reserve account which will not accrue additional leave. The employee may cash out up to 40 hours one time each year, or if sick for three or more days, may use the sick leave account for leave used.  If the employee reaches six years of continuous service with the City of Bethel, and subsequently terminates or retires, all leave in the sick leave bank may be cashed out.

 

 

5.         Employees hired prior to July 1,2008 and have six (6) years or more of continuous employment with the City of Bethel, shall be paid all accumulated sick leave up to a maximum of 720 hours (979 for Kelly Shift employees of the Fire Department) at the employee’s regular rate of pay when the employee subsequently ends employment or retires.

                       

Section 16.6.  Injury Leave

 

            A.        Employees injured on the job are entitled to the weekly compensation benefits provided by the Workers Compensation Act.  Employees shall receive their full salary for a period of three (3) consecutive calendar days from the date of injury.  Any workers’ compensation payments received by the employee for said period shall be assigned to the City.  After three (3) consecutive days the injured employee will receive the allowed salary from the Workers Compensation program.  Medical payments and injury awards shall be the property of the employee.  All benefits received by an employee while on injury leave shall continue in force while the employee is continuously on leave or until a determination is made as to whether an employee will be able to return to his or her normal work schedule.  If an employee returns to duty from injury leave, he/she must be absent for three (3)  consecutive days to once again enter injury leave status.

            B.        The City shall require bi-monthly medical reports during the injury leave.  In the event the physician permits the employee to return to work in a limited status, the employee shall be compensated as allowed by the Workers Compensation program.

            C.        The City’s responsibilities under this section shall terminate upon the occurrence of any of the following:

1.         as of the date on which the employee is declared by a physician to be permanently disabled or on which a retirement plan commences to make disability or retirement payments to the employee;

2.         as of the date on which the employee returns to work with an unrestricted medical release or on which he or she first engaged in any occupation for wage or profit; or

3.         at the end of one year following the date of the original injury.

            D.        An employee shall be eligible for injury leave only upon satisfaction of the following conditions:

1.         the employee shall make a complete report of the injury to the Alaska Department of Labor through his or her Department Head;

2.         the employee shall cooperate with the Personnel Office to prepare and submit all forms and information related to the employee that the Personnel Office may request;

3.         the employee shall cooperate fully with the City’s workers compensation insurance carrier so long as the employee’s worker’s compensation claim has not been contested; and

4.         the employee does not use annual leave at any time.

            E.         In the event that an employee is unable to return to work, he or she will be eligible for benefits provided for in the City’s long term disability program, or the Workers Compensation Long Term Disability program if any.  While participating in such program, the employee shall not accrue sick and/or annual leave benefits.  The employee may, however, participate in the City’s group insurance programs provided he or she meets the responsibilities under the COBRA Act and the City’s insurance program.

 

Section 16.7.  Court Leave

 

 

Employees called for jury duty shall be treated as being on approved leave without loss of longevity, leave or pay.  Service in court when subpoenaed as a witness shall be treated the same as jury duty.  Fees paid by the court, other than those for an employee’s appearance at any time outside the employee’s regularly scheduled shift, for travel, parking and subsistence allowances, shall be remitted to the City.

 

An employee shall provide his or her Department Head with a copy of a notice to call for jury duty immediately upon receipt by the employee.  When excused or released from jury duty for the day, the employee shall return to work immediately, allowing for delay for the period of time reasonably necessary to travel to and from home to change into work clothing.

 

Section 16.8.  Military Training Leave

 

            Military training leave shall be granted as required by law.

 

Section 16.9.  Funeral Leave

 

            Each full-time employee shall be eligible for one (1) working day of leave for each funeral of a member of his or her immediate family attended.  Such leave shall not be deducted from the employee’s leave account.

 

Section 16.10.  Emergency Leave

 

            The City Manager may approve, upon recommendation of the Department Head, paid emergency leave to employees not to exceed forty (40) hours (seventy-two (72) hours for Kelly Shift members of the Fire Department) at any one time when critical illness or death has occurred to the employee or someone in the employee’s immediate family.

 

Section 16.11.  Leave Without Pay

 

            A.        An employee may receive up to three months leave without pay if the City Manager approves it after consultation with the affected Department Head.  Such leave shall only be granted after an employee has exhausted annual leave and any other available leave that will cover the intended purpose of the leave without pay.  The granting of such leave is within the sole and exclusive discretion of the City Manager.  It shall not be granted if the employee’s absence will hamper provision of City services or operations.

            B.        An employee shall request leave without pay provided for in this section in writing at least three (3) months before the employee’s leave would commence.  The request should be made to the City Manager, with a copy to the employee’s Department Head.  The time frame for requesting leave without pay under this section may be waived by the City Manager, in his or her sole discretion.

            C.        During the employee’s leave without pay, the vacant position may be filled by a substitute appointment, temporary promotion, temporary re-assignment or temporary employee.  Upon expiration of the approved leave, the employee shall be reinstated to the same position he or she previously filled.

            Sick leave and annual leave benefits shall  accrue if an employee works more than ½ of the period and will not accrue if the employee works less than ½ of the pay period. The City will not make any contributions for retirement, or life insurance benefits, when an employee is absent on leave without

 

pay for more than 10 days in any month.  Contributions for health and dental benefits shall be made for each employee who is in paid status on the first day of each month. However, the employee may elect to

 

continue health or dental insurance during the period of leave without pay provided under this section if the employee deposits with the City the amounts necessary to cover the total cost of premiums.

 

Section 16.12.  Unauthorized Absences

 

            An employee who plans to take leave shall notify the City in advance of the leave as provided for in this Article.  If an employee will be absent from work for any reason and has not previously notified the City in accordance with the notification provisions of this Article, the employee shall notify the employee’s immediate supervisor or Department Head at least ten minutes prior to the start of the employee’s shift.  Any unauthorized absence is grounds for discipline, up to and including dismissal.

 

Section 16.13.  Family and/or Medical Leave of Absence

 

            A.        Policy.  The following conditions apply to instances when an employee requests time off for family and medical leave of absences for a limited period with job protection and no loss of accumulated service provided the employee returns to work.  It is the intent of the City to grant family and medical leave consistent with both the Federal Family and Medical Leave Act of 1993 (“FMLA”) and the provisions of AS 23.10.500-23.10.550, whichever provides greater rights.  Provided, however, that if an employee qualifies under only one of the Acts, the employee shall be entitled to receive only the benefits of the Act under which the employee qualifies.

            B.        Definition of Family and Medical Leave.  A family and/or medical leave of absence shall be defined as an approved absence available to eligible employees for up to eighteen (18) weeks of unpaid leave per year under particular circumstances that are critical to the life of a family.  Leave may be taken:  upon the birth of the employee’s child; upon the placement of a child with the employee for adoption or foster care; when the employee is needed to care for a child, spouse, or parent who has a serious health condition; or when the employee is unable to perform the functions of his or her position because of a serious health condition.  If a parent or child of two employees has a serious health condition, the City is not required to grant family leave to both employees simultaneously.

            C.        Scope of Family and Medical Leave.  The provisions of this policy shall apply to all family and medical leaves of absence except to the extent that such leaves are covered under other paid employment benefits plans or policies for any part of the eighteen (18) weeks of leave to which the employee may be entitled under this policy.  In other words, if an employee is entitled to paid leave under another benefit plan or policy, the employee must take the paid leave first.  Subject to the provisions of Section G(1) of this Article, the City may require an employee to pay all or part of the costs of maintaining health insurance coverage during a period of unpaid leave.

            D.        Eligibility for Family and Medical Leave.  To be eligible for leave under AS 23.10.500-.550, an employee must have been employed for at least 35 hours a week for six consecutive months or at least 17.5 hours a week for twelve consecutive months preceding the commencement of the leave.  To be eligible for leave under FMLA, an employee must have been employed for 1250 hours in any twelve (12) month period.

            E.         Basic Regulations and Conditions of Family and Medical Leave.

                        1.         The City will require medical certification to support a claim for leave for an employee’s own serious health condition or to care for a seriously ill child, spouse or parent.  For the employee’s own medical leave, the certification must include a statement that the employee is unable to perform the functions of his or her position.  For leave to care for a seriously ill child, spouse or parent, the certification must include an estimate of the amount of time the employee is needed to provide care.  In its discretion, the City may require a second medical opinion and periodic recertifications at its own expense.  If the first and second opinions differ, the City, at its own expense, may require the binding opinion of a third health care provider, approved jointly by the City and the employee.

                        2.         If medically necessary for a serious health condition of the employee or his or her spouse, child or parent, leave may be taken on an intermittent or reduced leave schedule.  If leave is requested on this basis, however, the City may require the employee to transfer temporarily to an alternative position which better accommodates recurring periods of absence or a part-time schedule, provided that the position has equivalent pay and benefits.

                        3.         Spouses who are both employed by the City are entitled to a total of eighteen (18) weeks of leave (rather than eighteen (18) weeks each) for the birth or adoption of a child or for the care of a sick parent.

            F.         Notification and Reporting Requirements for Family and Medical Leave.  When the need for leave is foreseeable, such as the birth or adoption of a child or planned medical treatment, the employee must provide reasonable prior notice and make efforts to schedule leave so as not to disrupt City operations.  In cases of illness, the employee will be required to report periodically on his or her leave status and intention to return to work.

            G.        Status of Employee Benefits During Family and Medical Leave of Absence.

                        1.         During the first twelve (12) weeks of family leave, the City must maintain the employee’s coverage under any group health plan on the same conditions and at the same level as coverage would have been provided if the employee had been continuously employed during the entire leave period.  However, the City may require an employee to pay all or part of the costs of maintaining health insurance coverage during any additional periods of unpaid leave.  If an employee fails to return to work after family leave entitlement has been exhausted, or expires, the City may recover allowable premiums from the employee unless the reason he/she is not returning is because:

a.         of medical conditions which entitle the employee to family leave;

b.         other circumstances beyond the employees control as identified in 29 CFR 825.213.

                        2.         Any employee who is granted an approved leave of absence under this policy is advised to provide for the retention of his or her group insurance coverages by arranging to pay the premium contributions during the period of unpaid absence.

                        3.         In the event that an employee elects not to return to work upon completion of an approved unpaid leave of absence, the City may recover from the employee the cost of any payments made to maintain the employee’s coverage, unless the failure to return to work was for reasons beyond the employee’s control.  Benefit entitlements based upon length of service will be calculated as of the last paid work day prior to the start of the unpaid leave of absence.

            H.        Procedures of Requesting Family and Medical Leave.

                        1.         Completion of Request for Family and Medical Leave of Absence Form:  A request for Family and Medical Leave of Absence form must be originated in duplicate by the employee.  This form should be completed in detail, signed by the employee, submitted to the immediate supervisor for proper approvals, and forwarded to the City Manager.  If possible, the form should be submitted thirty (30) days in advance of the effective date of the leave.

                        2.         All requests for family and medical leaves of absence due to illness will include the following information attached to a completed Request for Family and Medical Leave of Absence:  sufficient medical certification stating (a) the date on which the serious health condition commenced; (b) the probable duration of the condition; and (c) the appropriate medical facts within the knowledge of the health care provider regarding the condition.  In addition, for purposes of leave to care for a child, spouse, or parent, the certificate should give an estimate of the amount of time that the employee is needed to provide such care.  For purposes of leave for an employee’s illness, the certificate must state that the employee is unable to perform the functions of his or her position.  In the case of certification for intermittent leave or leave on a reduced leave schedule for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment must be stated.

           

 

I.          Employee Status After Leave.  An eligible employee who takes family leave for the intended purpose of family leave, shall be entitled on return from such leave:

                       

 

1.         to be restored to the position of employment held by the employee when the leave commenced; or

                        2.         to be restored to an equivalent position with equivalent employment benefits, pay and other conditions of employment.

            J.          Intermittent Leave or a Reduced Work Schedule.  An employee may take family medical leave or medical leave intermittently if necessary.  When the need for intermittent leave is foreseeable, the employee must give notice to the City thirty (30) days in advance of the time the leave is to begin.  If the employee cannot give thirty (30) days notice, he/she must give notice as soon as practicable.  When an employee takes intermittent leave for family or medical leave purposes, the City may require the employee to show that the intermittent leave was medically necessary.  The employee can be required to produce a health care provider certification showing that the intermittent absences are a part of, or may result from, the treatment the employee is receiving for a serious health condition.  The City has the right to require the employee to recertify the medical necessity of the leave, which ordinarily will not be required more frequently than every thirty (30) days.  However, if the City receives information that casts doubt on the validity of the certification, the City may require recertification on a more frequent basis.  If the City for some reason suspects that the employee’s doctor has misdiagnosed the condition or is fraudulently certifying the need for leave, the City has the right to have a doctor of its choosing examine the employee.  The City will pay for the second examination and it will not be performed by a doctor who is employed on a regular basis by the City.  The City will not contact the employee’s doctor to verify the legitimacy of the certification.  If the opinion of the doctor selected by the City differs from that of the employee’s doctor, the City may require a third examination, at its expense, to be performed by a doctor designated or approved jointly by the City and the employee.  The City may transfer an employee who must take intermittent leave to a position that better accommodates intermittent absences.  The position must provide the employee with equivalent pay and benefits, but the position need not have equivalent duties.

 

 

 

ARTICLE 17

STRIKE/LOCKOUT/WORK STOPPAGE/PICKET LINE

 

Section 17.1.  Strike/Lockout

 

The parties agree that there shall be no strikes, work stoppages, or lockouts during the life of this Agreement.

 

Section 17.2.  Pick­et Lines

 

            The parties agree that it shall be a violation of this Agreement and it shall be cause for disciplinary action in the event an employee refuses to go through or work be­hind any picket line.  The City specifically retains all of its rights under AS 23.40.200.

 

 

 

 

ARTICLE 18

WORK RULES

 

Section 18.1.  Work Rules

 

            The City shall have the right to establish and notify employees of workplace policies, procedures, and/or rules regarding any matter, and to require employees to abide by such policies, procedures, and/or rules so long as such policies, procedures and/or rules are not inconsistent with any express provision of this Agreement.  An arbitrator shall have no authority to interpret, apply, add to, detract from, alter, amend, or modify such policies, procedures, and/or rules.

 

Section 18.2.  Protection of Rights

 

            An employee shall not be required, in the performance of his or her duties, to violate any federal, state or local law.  In performing his or her duties, an employee shall comply with all applicable federal, state and local laws.  Each employee is required to act with due care and regard for his/her own safety and that of his/her fellow employees and to respect the person and property of other employees and persons.

            The City agrees that it will not deduct the cost of lost, missing, stolen or damaged property belonging to the City from an employee’s pay.

 

Section 18.3.  Employee Indemnification

 

            The City shall indemnify employees as required by law.

 

Section 18.4.  Employee Identification Badges

 

            All employees shall be issued and shall wear visibly at all times during working hours employee identification badges which shall include the employee’s name, Department, and picture.  The badges shall be provided to the employees at the expense of the City, except as provided below, and shall be issued by the Personnel Director or his or her designee.

            Damaged or destroyed badges shall be replaced at no cost to employees.  The City will replace up to two (2) badges, lost/misplaced due to employee negligence, per year.  The cost of replacing a badge is set at $5.00.

 

Section 18.5. Employee Rights

 

            The City agrees that it will not require,request,suggest,or cause any employees, or applicants for employment, to submit to examination by a polygraph or other kind of lie detector as defined by 29 U.S.C. 2001.  No examination by polygraph or other lie detector shall be used in any personnel decisions including discipline, discharge, or promotion. This paragraph is not intended to prohibit legitimate polygraph use in criminal proceeding or for law enforcement pre-employment screening processes.

 

Employees shall upon request be accorded all rights provided under Weingarten Doctrine of Union representation in disciplinary meeting, or in any meeting that an employee reasonably believes might lead to a discipline.  In addition to the foregoing, licensed personnel of the Police Department shall, upon a determination by management that immunity from criminal prosecution is appropriate, be

 

 

 

accorded protections stated in the U.S. Supreme Court decision in Garrity v. New Jersey, which requires among other things warnings concerning right to counsel and use of statements made in the course of investigatory interviews.

           

 

 

 

ARTICLE 19

SAFETY

 

Section 19.1.  Safety Rules

 

            A.        Safety rules, policies and procedures of the City, which the City may modify from time to time, are incorporated by reference and made part of this Agreement.  All employees must at all times comply with such safety rules, policies and procedures.  Any employee who is injured on the job must make an immediate report to his/her supervisor, no matter how slight the injury.  Failure of employees to follow safety rules, including the immediate reporting of injuries, may result in discipline, up to and including dismissal.

            B.        The Employer and Union are mutually committed to the reasonable efforts to maintain safe and healthful working conditions for all employees.  It shall not be a violation of this Agreement or grounds for discipline or dismissal if an employee, in good faith, refuses to work in/on what the employee reasonably believes to be unsafe conditions for his or her job which would subject the employee to serious injury or death.  Whenever possible, an employee must first seek from the City a correction of the dangerous condition.

 

Section 19.2.  Drug Testing

 

            The Employer and Union agree that any drug and/or alcohol testing policy or procedure adopted by the City Council or required by law shall be applicable to the employees covered by this Agreement.  Failure of an employee to comply with such policy or procedure shall be grounds for discipline up to and including dismissal.

 

Section 19.3.  Safety Devices and Uniforms

 

            The City shall provide all devices, apparel or equipment necessary for an employee’s safety in accordance with applicable laws.  Additionally, the City shall provide special tools, equipment, clothing and uniforms it deems necessary to accomplish work assignments.  All items provided to employees in accordance with this section are property of the City and shall be returned in good working order upon separation from City service.

 

 

 

 

ARTICLE 20

MISCELLANEOUS

 

Section 20.1.  Benefits

 

A.        Insurance Benefits

The City will provide full-time employees who are normally scheduled to work thirty (30) or more hours a week with group medical, dental, vision, life and long term disability insurance benefits in accordance with the terms of the Plan Document Health Care Benefits Plan for Employees of City of Bethel Plan Effective Date: April 1, 1996.

Seasonal employees and part time employees shall not be eligible for health, dental, long term disability and life insurance benefits.

B.        Other Benefits.

1.         a.         Utility Benefit.  Full-time and part-time employees shall receive water, sewer, and garbage services from the City for a fee of $90.00 per month.  Water and sewer services shall be provided on the established delivery schedule, up to a maximum of three a week, with the option of one extra call per year.  The maximum amount of water that shall be provided is 2000 gallons per week.  Seasonal employees, and employees who reside in multi-family dwellings with a shared water tank shall not be eligible for this benefit.  All employees must complete an application to receive the utility benefits which includes the proper approvals to receive utility benefits.

b.         Suspension.    Any employee who fails to notify the Utility Service Department to disconnect services within one week after they change residences may be denied the utility benefit in the future.

c.                   Deposit.  Employees are not required to pay the established deposit for utility services.  When the employee no longer works for the City, the employee shall not receive the benefits provided for in this section.

                        2.         The Employer shall continue the deferred compensation program to be funded entirely by Employee contributions.

 

Section 20.2.  Outside Employment

 

A.        No employee shall be employed by or engage in work for an employer other than the City, including but not limited to self-employment, during the employee’s work hours. 

B.        Any employee intending to do business with the City shall notify the City Manager in writing of the pro­posal to do business at the time of his or her application or proposal to the City.  The City Manager may recommend for or against the application, but in no case shall the City Manager authorize an employee to do business with the City if doing so would constitute a conflict of interest.

 

Section 20.3.  Unlawful Acts Prohibited

 

A.        No employee shall willfully or corruptly make any false statement, certificate, mark, rating or report in regard to any test, certification, or appointment held or made, or in any manner commit or attempt to commit any fraud with respect to reports, paperwork, or other duties that are required of the employee under this Agreement, City rules, policies or procedures, or federal, state, or local laws.

B.        No person seeking appointment to, or promotion in, the city service shall either directly or indirectly give, promise, render or pay any money, service or other valuable thing to any person for, or on account of, or in connection with his or her test, appointment, proposed appointment, promotion or proposed promotion.

C.        No employee of the City, examiner or other person shall defeat, deceive or obstruct any person in his or her right to examinations, eligibility certification or appointment under these rules, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the city service.

D.        Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline or any other aspects of personnel administration because of political or religious opinions or affiliations or because of race, color, creed, sex, religion, national origin or ancestry, age and disability except where physical requirements constitute a bona fide occupational qualification necessary to proper and efficient administration, is prohibited.

 

Section 20.4.  Gifts and Gratuities

 

It is the responsibility of each city employee to remain free from indebtedness or favors which could tend to create a conflict of interest on the part of such employee.  If an employee is tendered or offered a gift or gratuity under circumstances which could reasonably be construed to create the appearance of a conflict of interest, the employee shall immediately report such offer to the employee’s supervisor who shall in turn inform the Department Head and the City Manager.  Any employee who knowingly accepts any gift or gratuity without the prior approval of the City Manager in violation of this section may be subject to discipline.

 

Section 20.5.  Employment of Relatives

 

No person may be employed in a position in any department who is a relative of the Department Head, or the head of a division of the department.  No person may be employed in a position supervised by a relative.  No person may be employed in a position in any department who is a relative of another employee in the department, without the written, advance approval of the Department Head and the City Manager.

The City Manager may, at any time, re-evaluate the effect of having relatives working in the same Department on the performance of either relative and the operation of the department involved.  This re-evaluation may result in the transfer or termination of one of the affected parties.

 

Section 20.6.  Political Activity

 

An employee who is elected as a member of the Bethel City Council or to a state or national elected political office, shall immediately resign from City employment.  In this section, "elected" means the status of a candidate upon certification of a local election or at the time the candidate is sworn into a state or national office following an election.

 

Section 20.7.  Grant Programs

 

When an employee is employed under the provisions of a special grant program, the provisions of that grant or any law which governs the grant which conflict with any of the terms of this Agreement shall apply.

 

Section 20.8.  Employee Review of Records

 

An employee, or the Union with the employee's permission, shall have access to the employee’s personnel files in a reasonable period of time following notice to the Employer and shall be provided a

 

 

copy of the employee’s personnel or health record files or any parts thereof within a reasonable period of time following the request.

 

Section 20.9.  Relationship Between This Agreement And Chapter 3 of the Bethel Municipal Code

 

            With respect to positions included in the bargaining unit, if there is a conflict between the provisions of this Agreement and Chapter 3 of the Bethel Municipal Code, entitled “City of Bethel Personnel Rules and Regulations,” the provisions of this Agreement apply.

 

 

 

ARTICLE 21

PRODUCTIVITY AND EMPLOYEE INCENTIVE PROGRAMS

 

            The parties support productivity and employee incentive programs.  The City may implement programs which will provide productivity improvements and, through motivational programs, encourage employees to work for these goals and, through incentive programs, recognize contributions by employees for improvements in productivity.  The City may also implement education incentive programs whereby an employee may seek job related training degrees or professional certifications with financial assistance from the City provided a level of proficiency is achieved.  . This level of proficiency shall include a passing grade for a pass/fail system, a “C” grade or better for classes on a letter grading system, or other appropriate proficiency levels applicable to the course(s) taken. The city may reimburse an employee up to $3000.00 a year for tuition and materials for courses in a job related field taken at a vocational school, accredited college or university. An administrative board comprised of the city manager, human resources manager, and the department head or designee shall determine whether the qualifications for tuition assistance have been met.

 

 

 

ARTICLE 22

SCOPE OF AGREEMENT

 

Section 22.1.  Duration

 

This Agreement shall become effective July 1, 2008, and shall continue in full force and effect through mid­night, June 30, 2011.  Thereafter, it shall automatically renew itself and continue in full force and effect from year to year unless written notice of election to terminate or modify any provision of this Agreement is given by one party not later than January 1st of any succeeding year.

Notwithstanding the above, the parties shall enter into negotiations to consider whether the City will provide the State of Alaska Supplemental Benefits System (SBS) annuity program to full time, non-seasonal employees if and when the federal government enacts legislation requiring all United States employers to participate in the Social Security Program and such legislation allows employers who previously opted out of Social Security to consider adoption of an annuity program such as SBS.  Nothing in this paragraph or Agreement requires the City to agree to provide the SBS annuity program to full time, non-seasonal employees.

 

Section 22.2.  Separability

 

A.        Violations.  If any term or provision of this Agreement is, at any time during the life of this Agreement, adjudged by a court or administrative body of competent jurisdiction to be in conflict with any law, such term or provision shall become invalid and unenforceable, but such invalidity or unenforceability shall not impair or affect any other term or provision of this Agreement.

B.        Replacement.  If a determination or decision is made pursuant to Section A of this article that part of this Agreement is found to be in violation of law, the parties to this Agreement shall convene for the purpose of negotiating a satisfactory substitute for the invalidated article, section or portion thereof.

C.        Printing of the Agreement.  The parties agree that a Union representative and a person appointed by the Employer will meet and mutually agree on the format, size, and specifications of the Agreement to be printed.  The Union shall print or be responsible for the printing of the Agreement.  The parties will designate the number of copies of the Agreement each desires and each party will be responsible for the cost involved in printing that number of copies.

 

Section 22.3.  Waiver of Bargaining Rights and Amendments to Agreement

 

During the negotiations resulting in this Agreement, the City and the Union each had the un­limited right and opportunity to make demands and proposals with respect to any subject matter as to which the Alaska Public Employment Relations Act imposes an obligation to bargain.  This Agreement contains the entire understanding, undertaking, and agreement of the City and the Union, after exercise of the right and opportunity referred to in the first sentence of this section, and finally determines all matters of collective bargaining for its term.

 

Section 22.4.  Changes to Agreement

 

This Agreement may be amended with the mutual consent of the parties.  Changes in this Agreement, whether by addition, deletion, amended or modification, must be reduced to writing and extended by both the City and Union in the form of a Letter of Agreement.

 

 

 

 

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized representatives.

 

CITY OF BETHEL                                      COBEA, APEA/AFT

 

 

 

By: ____________________                         By: ______________________

            Don W. Baird                                                 Andre Achee

            City Manager                                                  President

Date:___________________                         Date:  ____________________

 

APPENDIX A

CLASSIFICATION PLAN FOR POSITIONS IN THE BARGAINING UNIT

 

 

Range

 

Position

9

 

Fire Captain

Police Lieutenant

 

 

8

 

 

 

Police Sergeant

General ledger Accountant/analyst

Water and Sewer Project Manager

 

7

Investigator

Corporal

 Safety Coordinator

 Revenue Supervisor

Grant development manager

Engineer Fire Department

 

6

 

Firefighter/EMT

Police Officer

Foreperson-Vehicle and equipment maintenance

Foreperson-Property Maintenance

Foreperson- Streets &  Roads

Foreperson- Hauled Utility

Foreperson- Utility Maintenance

Public Safety Dispatcher Supervisor

Technology Coordinator

Code Enforcement Officer/Planning Technician

 

5

Animal Control Officer

 DMV Clerk

Community Service Officer

Administrative Assistant II - Police Dept.

Water Treatment Facilities Coordinator

Public Safety Dispatcher

Heavy Equipment Mechanic

Mechanic II/Oiler

Purchasing Agent

Accounting Clerk

Harbor Master

 

4

Evidence Custodian/Administrative Technician

Grader Operator                                                  

Mechanic I/Oiler

Senior Customer Service Representative-Finance

Waterplant Operator

Utility Maintenance Worker

Evacuation Truck Driver

Utility  Truck Driver

Landfill Manager

Solid Waste Coordinator

Building Maintenance Worker 

Road Maintenance Operator/Driver

Mechanic/ Dust Control

Office Coordinator  -Utilities

Administrative Assistant I-Public Works

 

 

3

 

 

Accounting Clerk- Sales Tax

Landfill Technician

Program Specialist-Youth Center

Recreation Specialist-Youth Center

Customer Service Representative-Finance

Park Maintenance Worker- Seasonal                                                                                                                                           

2

Oiler

 

1

 

Recreation Aide Youth Center

Program Aide-Youth Center

 

 

APPENDIX C

CITY OF BETHEL

CERTIFICATION OF DOMESTIC PARTNERSHIP

 

            I, _______________________________________________________________, and

                                                            (print name of City employee)

 

____________________________________________, hereby certify that we are Domestic Partners.

            (print name of domestic partner)

 

We certify, under penalty of perjury under the laws of the State of Alaska, that the following is true and correct:

 

1.         We share the same regular and permanent residence.

2.         We have a very close personal relationship.

3.         We are jointly responsible for “basic living expenses” as defined below.

4.         Neither one of us is legally married.

5.         We are each eighteen (18) years of age or older.

6.         We are not related by blood to a degree of closeness that would prohibit legal marriage in Alaska.

7.         We were mentally competent to consent to contract when our domestic partnership began.

8.         We are each other’s sole domestic partner and are responsible for each other’s common welfare.

9.         We understand that this declaration of responsibility for our common welfare may have legal implications and may constitute the establishment of property rights under federal or state law.

 

“Basic living expenses” means the cost of basic food, shelter and any other expenses of a Domestic Partner.  The individual need not contribute equally or jointly to the cost of these expenses as long as they agree that both are responsible for the cost.

 

1.         We understand that funeral and sick leave benefits for the domestic partner who is not a City employee shall be terminated upon the death of that domestic partner, or by a change in the circumstances attested to in this Certification.

 

2.         We agree to notify the City Personnel Director in writing of the death of a domestic partner who is not a City employee, or if there is any change of circumstances attested to in this Certification, within thirty (30) days of such death, or change of circumstances.

 

 

__________________________________________             __________________________

Signature of City employee                                                                            Date

 

 

__________________________________________             __________________________

Signature of domestic partner                                                                         Date

 

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Last Updated January 21, 2009