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HomeMy WebLinkAboutResolution - Aproval of Contract with the International Union of Operating Engineers for Southern Cayuga Lake Intermunicipal Water Commission's Employees 1.18.2005.PDF,nq-W uA./ Village of Cayuga Heights Resolution Approval of Contract with the International Union of Operating Engineers forsouthern cayuga Lake rntermunicipal water commission,s nm[loyees January 18,2005 WHEREAS, the majority of the Southern Cayuga Lake Intermunicipal Watercommission's (commission) non-managerial emproy"Js in the production andDistribution Departments voted affirmatively on ianuary 3I,200I to be represented bythe International Union of Operating Enginelrs for the purpor., of collective bargaining; and WHEREAS, the Commission, in good faith, entered into contract negotiationswith the union for a successor contract to the original contract that expired oi December31,2004; and WHEREAS, on December 9,2004, the Commission's negotiating team reached tentative agreement on a contract with the union,s negotiating team; and WHEREAS, on December 15, 2004, the employees in the union bargaining unitratified the tentative contract; and WHEREAS, the Commission has reviewed and approved the tentative contract; and WHEREAS, the Village of Cayuga Heights Board has reviewed the tentative contract and determined it to be acceptable; NOW, THEREFORE, BE IT RESOLVED, the village of cayuga Heights Board does hereby approve the tentative contract; and, be it fuither RESOLVED, the Village of Cayuga Heights Board authorizes the Commission's negotiating team to sign said contract as presented. nftAMovED: Jyr. {Jr"fr4",\./ ^' f flil SECoNDED: WM'"4- W vorE: C^^^, 7l^r*, {ft , {N ,S^, Union Contract Table of Contents ART]ICLE I _ PREAMBLE ARTICLE II _ RECOGNITION ARTICLE III _ COLLECTIVE BARGAINING UNIT ARTICLE IV _ MANAGEMENT RIGHTS ART-ICLE V_ NEW TECHNOLOGIES/EQUIPMENT ARTNCLE VI _ NO STRIKE GUARANTEE ARTNCLE VII _ SENIORITY ART]ICLE VIII _ UNION BUSINESS ART]:CLE IX - GRIEVANCE PROCEDURE ARTICLE X _ SEVERABILITY ART]CLE XI _ CONFLICT WITH INTERMUNICIPAL AGREEMENT ARTI]CLE XII _ COMPLETE AGREEMENT ARTICLE XIII - APPROVAL OF AGREEMENT ART]ICLE XIV - OVERTIME ART][CLE XV - SHIFT DIFFERENTIAL ARTIICLE XVI - ON-CALL ARTIICLE XVII - CALL IN ARTII]LE XVIIN - COMPENSATORY TIME ARTICLE XIX - UNIFORMS AND SAF'ETY SHOES ARTICLE XX - HOLIDAYS ARTICLE XXI _ VACATION ARTICLE XXII - DENTAL INSURANCE ARTICLE XXIII . HEALTH INSURANCE ARTICLE XXIV _ WAGES ARTICLE XXV _ LEADPERSON COMPENSATION ARTICLE XXVI - OTIIER BENEFITS ARTI(:]LE XXV[_ TERM OF AGREEMENT 2 aJ aJ 3/4 5 5 6 8/9 10 10 10 10 t1 11 11 11 l2 t2 t2 t3 t3 13t1.4 15 15 L6 16 AGREEMENT This Agreement entered into this _ day of . bv and between the Southem Cayuga Lake Intermunicipal Water Commission, a rnunicipal corporation, hereinafter called the "Employer", and the International Union of Operating Engineers, Local 8325, hereinafter called the "I-Jnion". WITNESSETH: WHEREAS, the Employer and the Union, as parties to this Agreement, have consented to entering into written contracts with respect to wages, rates of pay and other terms and conditions of work, and WHEREAS, it is the policy of the Employer to protect the public by assuring at all times the orderly and uninterrupted operation of its facilities, and WHEREAS, one method of effectuating these policies is by granting to its employees the right of organization and representation, and WHEREAS, the parties have reached certain understandings which they consent to confirm in this Agreement, NOW THEREFORE, in consideration of the following mutual covenants, it is hereby agreed as follows: ARTICLE I. PREAMBLE The Employer and the Union declare it to be their mutual policy that in order to promote harmonious labor relations between the Employer and its employees, the principle of collective negotiations is to be employed pursuant to the New York State Public Employee's Fair Employment Act and that no Article or Section in this contract is to be construed to be in any violation of New York State Civil Service Law. Both parties to this contract furthermore affirm that public employment is to be regarded as a lifelong career and that as such, the terms conditions of employment and working conditions shall be of the highest caliber. We furthermore, affirm that each employee shall at all times be a dedicated, courteous and efficient representative of public employment, reahzing full well that he/she is under the constant scrutiny of the public at large, and that he/she is performing an essential service for the benefit of the citizens of the community at large. The Union pledges its full cooperation to the Employer for the purposes of implementing the Employer's Affirmative Acl.ion Policy, providing this shall not affect any employee rights under Civil Service Law or under the provisions of this Agreement. Page2 af 16 ART'ICLE II . RECOGNITION Section 1. The Employer recognizes the Union as the sole and exclusive representative for all the employees described in Article III for the purposes of collective bargaining and processing ofgrievances for the periods and subject to the changes as provided in the Tallor,\ct. Section 2. The Employer shall deduct from the wages of employees and remit to the Union regular membership dues for those employees who signed authorizaiions permitting such payrcrll deductions. The Employer agrees to deduct from the wages of employees and remit t-o the Union Voluntary Political Action Fund, a voluntary deduction speciiied by the employee, pursuanr ro aproperly executed check-off authoization form which has been mutually ugi""CLto between the Empl,cyer and the Union. The Union shall indemnify and hold the Employer harmless against any and all claims, suits, orderrii or other forms of liability that shall arise out of, or for reason of action ta.ken by the Employer, in reliance upon payroll deduction authorization cards submitted by the Union to the Employei. Job Titles: Water Treatment plant Operator Distribution Operator att Except as otherwise specifically provided in the Agreement, the Employer retairLs all of the rights, functions, duties and responsibilities of management cuffently accorded it by law. These rights inclucle, by way of illustration but not limited to: a. The determination of the mission, pu{pose, objectives, policies, and programs of the Employer. b. The determination of the size and qualifications of the work force, including the allocation and assignment of work or workers; the content of job classifications; the determination of policies affecting the selection and training of the employees and the ultimate authority to hire, recall, transfer, promote, evaluate, lay off, suipend, demote or dismiss employees, subject to applicable prorzisions of the Civil Servic:e Law of the State of New York: c. The full and exclusive control of the management of the Employer; the supervision of all operations; including the means, methods, manner, standards and proc,esses by which any and all work will be performed; Page 3 of l6 d. The right to change existing, or introduce nerlv equipment, operations, methods, processes, means or facilities as determined to be in the best interest of the Employer; f. The right to schedule operations, including the right to change work schedules. The employer shall provide employees with as much advance notice as practicable f<rr any major, long-term or short-term change in work schedules. The employer reserves the right to alter work sr;hedules for, but not limil"ed to, vacations, personal leaves, sick leaves, holidays, and personal time taken by members of the bargaining unit; The right to implement permanent, temporary or seasonal layoffs and/or the rigtLt to implement work shaLring schedules or work week reduction schedules as an attempt to avoid layoffs in the,eveflt that insufficient work is available to support the full work force in accordance with Article VI - Seniority; The right to determine the nature, mix and extent of services, utilities and energy resources to be produced, utilized, contracted for and/or purchased by the Employer; The right to determine and enforce work rules, standards of personal behavior orn the job, qualitative and quantitative standards of performance and occupational health and safetv standards: i. The right to alter past work customs, traditions, and practices; j. The right to subcontract any and all work when and as deemed necessary by the Employer; k. The right to establis.h and enforce rules and procedures for discipline and discharge for just cause. Furthermore, the exercise or non-exercise of rights hereby retained by the Employer shall not be deemed a waiver of any such right or prevent the Employer from exercising such rights in any way in the future. oD' h. Page 4 of 16 ARTICLE V - NEW TECHNOLOGIES/EQUIPMENT Notwithstanding any other provisions of this agreement, Employer agrees that if Employerimplements new technologies, introduces new equipment, or enters into contrac:ts relating ,ot"ty tooperations performed by the members of the bargaining unit, and if any of such actions would have asignilicant adverse effect upon the job security oi.loU titles of employees in the bargaining unit,Employer will make a reasonable effort to discuss same with the uniln prior to rsuch implementation, introcluction, or contract execution. Such discussions shall be solely foi the purpose of ieeking theunion's input on the Employer's proposed actions and to identify the potentiul "t.f."t, such actionswould have on the rnembers of the bargaining unit. This clause, however, is in rno way intended toprech-rde Employer from proceeding with such proposed implementation, introduction, or contractexecution once Employer initiates discussiott, "u"r if the Employer and union arre unable to agree onsteps, if any, to mitigate any significant adverse effects of such actions on the m.mbers of the barga.ining unit. ARI!.CLE VI . NO STRIKE GUARANTEE The Union affirms that under no circumstances shall the Union, its officials, its employees, itsaffiliates, or its menLbers, directly or indirectly cause, instigate, permit, support, encourage orcondone, nor shall any employee or employees, directly orlndirectly, take part in any act]on against orany irrterference with the operations of the Employer or any of the municipalitieii associated with theEmpkryer, such as a strike, work stoppage, sit-down, stay-in, slow-down, curtailment of work,restriction of production, or any picketing, patrolling or demonstrations at any location where operations of the Employer or operations of any municipality associated wittrthe: Employer are conducted whatsoever during the term of this Agreement urri u, a continuing obl.igati,on beyond theterm of this Agreement. In the event of any such action or interference, amd on notice from the Employer, the Union withortrt delay shall take whatever affirmative action is necessary to prevent and bring about thetermination of such action or interference. Such affirmative action shall include the immediate disavcrwal and refusal to recognize any such action or interference and the Union immediately shallinstruct any and all employees to cease their misconduct and inform them that their misconduct is aviolation of the Agreement subjecting them to disciplinary action, including discharge. ln addition the Union shall within twenty-four ('24) hours of any such action or interference, deliver: the following notice to the Employer: "To all employees of Southern Cayuga Lake Intermunicipal Water Commission represented by Local g32S, International Union of operating Engineers, AFL-CIo: Your are advised that the actionL against and interferencewith the operations of the Southern Cayuga Lake Intermunicipal Water Commission which took place (date) isunauthorized by the Union and in violation of the collective birgaining Agreement. you are directed to ceasethis action and interference immediately." An authorized official of the Union shall sign the notice. Nothing herein shall preclude the Employer from seeking legal or other redress of any individual who has car'tsed damage to or loss of Employer property or from taking disciplinary action, including dischar:ge, against anv employee. Any such disciplinary action taken shall noi be reviewable ttrrough the grievance and arbitration procedures, except for the fact question of whether the employee took-part in any such action or interference. Page 5 of 16 ARTICLE VII . SENIORITY Seniority shall be defined as the length of continuous service with the Employer for the pulpose of shift preference, vacation selection, lay off and recall. Seniority in respect to shift preference may be utilized only if a shift vacancy exists. An employee shall lose seniority if the employee: a. Resigns or quits. b. Is discharged or terrninated (unless reversed through the grievance, arbitration, or Civil Service procedure). c. Retires. Does not return frono layoff within three (3) working days after being notified, by certified or registered mail or by telegram addressed to the employee at his last forwarding address filed with the Employer, 1lo return to work. An employee who moves must notify the Employer of his change of addres;s in writing within five (5) calendar days of such move. Has been on layoff lbr a time equal to his seniority at the time of his layoff or twelve (12) months, whichever iLs less. Is absent from work or fails to retum to work at the expiration of a leave of absence, vacation or disciplinary layoff, for three (3) consecutive working days without notifying and receiving approval from the General Manager or designee. Is transferred or promoted into another position with the Employer, except such an employee shall have the right to retum to hisftrer former position (with no loss of seniority) for a period of thirty (30) calendar days, provided such employee has not been discharged from hisftrer position in that department for misconduct. The employee fails to retum to employment at the Employer within one year following the expiration of Short-'ferm Disability Leave. An employee on a continuous absence from work due to a work-related injury or illness who fails to retum to worrk within one year of a determination by a physician that the employee is permanently disabled or if the employee fails to return to work within thirty (30) months following an absence due to work-related injury or illness. Bargaining unit employees who are promoted to supervisory positions with the Employer shall be eligible to retum to the barg;aining unit within three (3) months from the date of promotion, provided such employee has not been discharged for misconduct. d. go' h. Page 6 of 16 Section 1' The Union shall designate no more than two bargaining unit employees as theduly authorized shop stewards who shall be the representatives of the Union for all matters related tothis Agreement. Without limiting the foregoing, such clesignated shop stewards shall be thereprel;entatives of the Union for purposes of (i) communications between the Union and the Employer, and (ii) investigation, negotiating and pursuing grievances under this Agreement. Theunion shall give written notice to the Employer of the n*.r of such shop stewards. When there arereferences to the shop steward in this Agreement, the references mean the duly authorized shopslewards so designated by the union and no other shop stewards. The shop stewards will be providedthe following time off from hisftrer assigned schedule of work, without loss of pay, fbr the purpose ofadjusting grievances or assisting in the administration of this Agreement in meertings with management: a. one hour to investigate prior to a Step 1 grievance hearing.b' One-half hour to meet prior to a Step 2 giievancehearing and subsequent Steps.c. All time in a grievance meeting with management. Only one of the shop stewards will investigate and represent an employer: in grievance hearirrgs and meetings for any individual grievance. Section 2. Representatives of the Union shzLll have reasonable access, to the facility, uponprior ;rpproval of the Employer, fot the purposes of conferring with the Employer, the shop ste*aid and/ot bargaining unit employees and for the pulpose of administering the terms of this Agreement. Requests for approval will not be unreasonably denied 1by the Employer. Denial of a request receivedby the Employer less than three business days before the date of requested access shall not be an unreasonable denial. Section 3. The Union shall be provided a bulletin board, to be locaterl in a reasonablypublic location selected by the Employer, not exceeding nine square feet in size, for the posting ofnoticel; or other information for the bargaining unit emfrloyees, related to Union lbusiness. No inappropriate communications (as determined by the Ernpioyer's General Manag;er) which wouldreflect adversely on the reputation of the Employer or which could constitute harassment of other emplo'yees shall be placed on such bulletin board. Section 4. Except for actual time in a grievance hearing or meeting with a representative of the .Employer, employee business with the Union shall be conducted durinf non-duty hours. Excepl. for use of the bulletin board set forth above, no Employer facilities, in-clurling telephones, computets, and copy machines, shall be used for Union business except as follouzs: Employees may occasionally use the Commission's equipment on their own time, however, the following rules alrply. 1' All work performed and time scheduled must first be approved by the aprpropriate Department Head. 2. Work must be performed outside normal houls (the lunch period may bre used).3. Equipment may be used, but not materials (paper and computer supplier;, etc.).4. copiers may be used, but copies must be paid for at the public charged rate of 90.25. Flexibility is allowed for I or 2 occasional copies. PageT of 16 ARTICLE IX . GRIEVANCE PROCEDURE Section L. As used in this Article, a grievance shall mean any claim or controversy arising out of and during the term of this Agreement relating to the interpretation, application, or breach of the provisions of this agreement. When any such grievance arises, the procedures set forth in Section 2 shall be observed. Section 2. Step I - An aggrieved employee and/or a Union officer or shop steward shall notify the aggrieved employee's immediate supervisor within five days from the date on which the cause of the complaint occurred or from the date the employee had reason to know of its occurrence. The supervisor will arrange to meet with the employee and hisftrer shop steward promptly to discuss the grievance. The supervisolwill provide an answer to the employee within five working days following the Step 1 meetinLg. Step 2 - If a satisfactory settlement is not reached in Step 1, the grievance may be appealed, in writing, to the General MarLager or hislher designee provided it is appealed within seven working dayri following the Step I decision. The grievance shall be dated and signed by the grievant and the shop steward and shall set forth the nature of the grievance including contract provisions allegedly violated, facts and pertinent dates, anLd the remedies desired. The General Manager or designee will anange for: and will meet with the grievant and the shop steward within seven working days following receipt of the written grievance. A written answer will be provided within five working days following the Step 2 meeting. Step 3 - ff the employee does not receive a satisfactory answer in Step 2, the Union may appeal the grievance, in writing, to the Chair of the Employer's Personnel Committee, or designee, provided it is appealed withLin five working days following the date of receipt of the Step 2 decision. The Chair of the Employer's Personnel Committee, or designee, will affange to meet with the grievant, hisftrer shop steward and the Union representative, within five working days of receipt of the written grievance from the {Jnion. A written answer will be provided within seven working days following the Step 3 meetinLg. Page 8 of 16 Step 4 - ln the event the grievance is not resolved, the Union may appeal the grievance toarbitration in accordance with the procedures of the Federal Mediation anilConciliation Service, withi:n ten working days following receipt of the Step 3 decision. FMCS shall be petitioned toprovide a panel of seven arbitrators, from which the Employer and the Union will alternately strike names until one remains, within fourteen working days of receipt of the list. a). It is understood by the parties that the cost of the arbitration shal.t be borne equally by the parties. The findings, conclusions and recommendations of the arbitrator shall be final, conclusive and binding upon all parties. The arbitrator shall have jurisdiction only over disputes arising out of grievances as defined in Section 1, of this Article, and shall have no power to a.dd to, subtract fiom, or modify in any way the terms of this collective bargaining agreemenr. The arbitrator's decision shall be rendered in accordance with the time limits of the FMCS. Section 3. Every employee shall have the right to present hisftrer grievance free from interference, coercion, restraint, discrimination or reprisal by elther the EmplJyer or the Union and shall have the right to representation by his/her shop steward or Union representative. Section 4. Any disposition of a grievance from which no appeal is taken within the timelimits specified shall be deemed resolved in accordance with the decision at the step from which an appeal could have been taken and shall not thereafter be considered subject to the srievance and arbitration procedure. Section 5. Failure on the part of the Employer to answer within the ti.me limits specifiedwill advance the grievance to the next step. Section 6- The Union shall have the right to submit class action grievances, to be presented initially at Step 2, wrthitthe time limits specified in Step 1. Section 7. The submission by an Employee of any grievance pursuant to this Agreement of a rnatter that could also be subject to the New York State Civil Service Law prrovisions regarding discipline shall be accompanied by a document, signed by the Employee, pursulrt to which the Employee waives his right to a hearing under the Civil Service Law and ug."", to accept the final decision under this grievance procedure as final and binding, and not subject to further Civil Service Law proceedings. Conversely, if an Employee has sourght a hearing rr.rd.. the Clivil Service Law, the Employee and Union agree that the decision in the Civil Service Law proceeding shall be final and in lieu of any grievance proceedings pursuant to this Agreement. b). c). d). Page 9 of 16 ARTICLE X - SEVERABILITY It is not the intent o1 either party hereto to violate any laws or rulings or regulations of any Governmental authority or agency having jurisdictiorr of the subject matter of this Agreement, and the parties hereto agree that in the event any provisions of this Agreement are held or constituted to be void as being in contravention of any such laws, rulings or regulations, nevertheless, the remainder of the Agreement shall remain in full force and effect, unless the parts so found to be void are wholly inseparable from the remaining portion of the Agreement. ARTICLE XI . CONFLICT WITH INTERMUNICIPAL AGREEMENT The Union acknowledges that it knows the Employer is a Commission created by virtue of an intermunicipal agreement (the "Intermunicipal Agreement") between the Towns of Dryden, Ithaca, and Lansing, and the Villages of Caluga Heights and Lansing, acting on their own behalf and on behalf of certain water districts located within the boundaries of certain of such Towns. The Union also acknowledges that the Employer's authority to act and to agree is limited to the authority granted by the terms of the Intermunicipal Agreement. Accordingly, the Union and Employer agree that in the event any provision of this Agreement is in conflict with, or in excess of any authority granted to the Employer by, the Interrnunicipal Agreement, such provision shall be deemed null and void and unenforceable by the Union against the Employer or any of its constituent municipalities. ARTICLE XII . COMPLETE AGREEMENT The parties agree that each has had unlimited right to present proposals and counterproposals concerning wages, hours and other terms and conditions of work, the results of which are set forth in this Agreement. This document constitutes the entire Agreement between the parties and no verbal statement or other agreement in whatever form, except an amendment to this Agreement in writing annexed hereto and specifically designated as an amendment, shall supersede or vary any of the provisions of this Agreement. ARTICLE XIII . APPROVAL OF AGREEMENT This Agreement shall not be binding upon the Employer until it is approved by the governing bodies of the Towns of Dryden, Ithaca and Lansing and the Villages of Cayuga Heights and Lansing. Employer agrees to notify the Union of the decision of each of such bodies within one week of the vote on same. The following agreement is included pursuant to Civil Service Law Section2O4-a: It is agreed by and between the parties that any provision of this agreement requiring legislative action to permit its implementation by amendment of law or by providing the additional funds therefore, shall not become effective until the appropriate legislative body has given approval. Page 10 of 16 ARTICLE XIV. OVERTIME Hours an employee works in excess of 40 per week. The Fair Labor Standards Act of 1938 requires that overtitne pay must be paid at a rate of not less than one and one-half times the non-exempt employee's regular rate of pay for each hour worked in excess of 40 hours per week. Overtime is calculated on a weekly basis and not a bi-weekly pay period. Employee fringes used to make up a 4O-hour week will be included in the calculation of overtime pay. Distrilbution Employees will be paid time and one-half for all hours worked over 8 hours in one day. All entployees must use paid time off fringes prior to going un-paid for time off. Distrilbution Employees will be granted first shift overtime for hours worked while performing}0%o audits. ARTICLE XV. SHIFT DIFFERENTIAL Produr:tion and Distribution Department employees working 4:00 pm to midnight (2'd Shift), will be paid a1. an increase of $1.00 per hour, and working midnight to 8:00 am (3"d Shift), will be paid at an increar;e of $1.50 per hour. An employee who works overtime hours as an extension of their scheduled shift, either at the begiruring or end of the shift, and the overtime hours are an extension to a shift hour that qualifies for a shift differential, shall have the applicable shift differential folded into their existing base hourly rate fcrr the calculation of the overtime rate for those hours. ARTICLE XVI . ON.CALL The Pr:oduction and Distribution Department employees are required to rotate being "on call" for weekends and holidays. Distribution Department employees are additionally required to be "on call" from 4:00 p.m. to 8:00 a.m. Monday through Thursday. During this time they must remain in radio or general telephone contact and be able to responilto the plant or work site within one hour, fit for duty. Employees will be paid one and one half hours at time and one half for each 24 hours of on call time frrr a normal two-day weekend. If the weekend is extended due to a holiday, an additional hour and one half will be given for each additional 24 hours on call. Distribution Department employees will be paid one hour at time and one half for each 16 hour weekday on call period of 4:00 p.m. to 8:00 a.m. l\4onday through Thursday. This provision is in addition to overtime pay for any hours actually worked while "on call". ARTICLE XVII . CALL IN Empl<ryees who are called in to work are guaranteed a minimum of three hours work call-in pay ata rate of time and one half. If an Iimployee is asked to come into work within two hours of the start of his/trer shift, the employee will rerceive one hour pay at straight time for the unscheduled early start and time and one-half for the tilne worked on the early start. Therefore, the employee is required to remain on duty. Pase 11 of 16 ARTICLE XVIII . COMPENSATORY TIME At the option of the employee, time off may be taken rin lieu of monetary overtime compensation provided that the employee has prior Department Manager approval. This is extended to employees who are non-exempt under Section 201 of the Fair Labor Standards Act (FLSA). Employees will earn compensatory time at straight time from 3l Vzto 40 hours per week. Employees will earn compensatory time at time and one half for all hours over 40 in a week. Compensatory time will accrue up to a limit of. 40 hours. Vacation, Sick, and Personal time can not be used to earn compensatory time. Employees must sign an employer prepared written agreement to accept compensatory time at time and one half in place of overtime pay. ARTICLE XIX. UNIFORMS AND SAFETY SHOES Distribution employees are required to wear uniform style clothing during all working hours and Production employees have the option of wearing uniform style clothing. Production employees that elect to wear uniform style clothing are required to wear the uniform style clothing during all working hours. Distribution and Production employees must wear OSHA approved steel-toed safety shoes while on duty. For Distribution employees, and for Production employees that wear uniform style clothing, the Commission will provide reimbursement for uniforms and safety shoes up to a maximum of $250.00 per year. For Production employees that do not wear uniform style clothing, the Commission will provide reimbursement for safety shoes up to a maximum of $100.00 per year. Uniforms will display an employee's first name and identify him/her as a Commission employee; the cost of the name and logo will be absorbed by the Commission. ARTICLE XX . HOLIDAYS New Year's Day - Martin Luther King JR's Birthday - President's Day - Memorial Day - Independence Day - Labor Day - Columbus Day - Veterans'Day - Thanksgiving Day - Day after Thanksgiving- Christmas Day - Floating Holiday- January 1st Third Monday in January Third Monday in February Last Monday in May July 4th First Monday in September Second Monday in October November 11th Fourth Thursday in November Fourth Friday in November December 25th new date specified each year by vofe of all Commission staff Employees who work on a Holiday (except the floating holiday) as part of their regular shiftwill receive pay at a rate of time and one half for the hours worked on said holidays and holiday pay at straight time for the hours worked on said holiday. Employees who work on the floating holiday as part of their regular shift will be paid straight time for hours worked on those holidays and a moved holiday. Employees may take a moved holiday on a day of their discretion provided that it is consistent with the operational needs of the employer and approved by the employee' s Department Manager. Pase 12 of 76 ARTICLE XXI. VACATION Employees will be granted vacation according to the following schedules: less than 5 years 10 days 5 - 9 years 15 days 10 years 16 days 11 years 17 days 12 years 18 days 13 years 19 days 14 years plus 20 days VAC.4TTION SCHEDULE (For SCLIWC employees hired prior to January 1. 1993): 1 through 5 years 10 days 6 through 9 years 15 days 10 or more years 20 days Vacations must be consistent with the operational needs of the department and approved by the Department Manager. Vacation Buy Back: Employees are allowed to sell back up to 40 hours of accumulated vacation time in December of eaclh year this contract is in effect provided that the employee has taken at least one week of vacation in the preceding twelve months. ARTICLE XXII - DENTAL INSURANCE Dental insurance is offered to all employees, but not including short-term temporary employees. All employees opting for dental insurance shall pay 1007o of the family or individual premiums. ARTICLE XXIII . HEALTH INSURANCE Healttr insurance coverage is offered to all employees. Employees covered by this agreement shall receive the same Health Insurance benefits as non-covered, hourly employees in accordance with the policy then in effect as the same may be increased, altered, or reduced by the Commission with respect to other non-covered, hourly employees. If the employer changes the policy regarding Healttr Insurance benefits for non-covered, full time, hourly employees, the employer will notify the union and will meet with the union prior to implementation. Healtlh Insurance Buy Back: Employees who elect not to take health insurance through the employer shall receive 507o of the employer's annual contribution for an individual policy provided that the employee provides proof to the enrployer that the employee is covered by another health insurance plan which provides health insurance coverage for the employee equal to or better than the coverage of the health insurance plan being offered by the employer at that time. Pase 13 of 16 Retirees Health Insurance Benefit: 1. Eligibility: To be eligible for health insurance, the retiree must have retired from the SCLIWC and be receiving retirement benefits from the New York State and Local Retirement System. ffthe retiree does not fulfill the previous qualifications, but wishes health coverage through the group, he/she may do so by paying I00Vo of the premium. 2. Use of Sick Time: ff a retiree has an accrued "sick rtime" balance, (not to exceed 960 hours), and wishes to continue health insurance coverage, they may do so. The sick balance will be computed to a dollar amount by multiplying the sick balance by the retiree's hourly wage at the time of retirement. The coverage paid by the sick balance will be for an tqdrvldq4l policy ONLY. A percentage, based on years of service, of the premium will be deducted from the retirees' "sick time" balance until it is depleted. YEARS OF SERVICE AT RETIREMENT 30 AND OVER 25 -29 15-24 5-14 LESS THAN 5 OF PREMruMS 257o 507o 65Vo 80Vo I00Vo OF PREMruMS 75Vo 50Vo 35Vo 20Vo 07o RETIREE'SPORTION COMMISSION'SPORTION Employee's Survivors Health Insurance Benefit: In the event of the death of an employee who had at least 5 years of service, the decedent employee's dependents (spouse/partner and eligible children) can remain on the Commission's health insurance by paying I007o of the insurance premium. Coverage can continue until the dependent has obtained health insurance coverage eligibility through another employer, through Medicare, or no longer meets the insurance plan's eligibility requirements, i.e:, over the age of 19 and not a full time student. The survivor(s) must choose to continue the coverage by completing the appropriate insurance change form(s), or sign a waiver of coverage if theylo not elect to continue coverage. The Commission reserves the right to allow the employee's dependents to spend down the sick time balance by paying for the dependents' health insurance. The premiums would be paid for l00%o from this sick time balance untit it is depleted. Premiums paid by the decedent employee's dependents must be paid to the Commission each month to insure coverage. Payments overdue by 60 days will result in termination of coverage. The Commission will review the benefit of offering continued coverage of health insurance to survivor(s), beyond that required by law, every three years. Paee 14 of 16 Employees covered under this contract will receive a 3.0 percent increase in their wagesannually for each year the contract is in effect. New Hires Longevity 10 to 14 years service 15 to 19 years Service 20to24 years service >25 years service $300.00 $400.00 $s00.00 $600.00 .fhe Production and Distribution Department Leadpersons will receive a $1,000 annual stipend for thelife of the contract. 2004 Base 2005 Wage 2006 Wage 2W Wage Years Employed HourlyRate 3.0To 3.0%3.0% WaterPlant Operator 22 $18.27 $18.82 $19.38 $19.96 Water Plant Operator 14 $17.72 $18.25 $18.80 $19.36 WaterPlant Operator 8 $16.50 $17.00 $17.50 $18.03 WaterPlant Operator 8 $16.50 $17.00 $17.50 $18.03 Instr. & Contr. Mech./Oper.21 $16.50 $17.00 $17.50 $18.03 lnstr. & Contr. Mech./Oper.4 $16.50 $17.00 $17.50 $18.03 Distribution Operator 16 $15.50 $15.97 $16.44 $16.94. Distribution Operator 6 $15.50 $15.97 $16.44 $16.% Distribution Operator 4 $15.50 $15.97 $16.44 $16.% Distribution Operator 3 $15.50 $15.97 $16.44 $16.% Distribution Operator 2 $14.e5 $15.97 $16.44 $16.% 103.00%2005 2006 2007 Job Title No license lst yr. w/lic. 2nd yr. w/lic.Job rate No license I st yr. w/lic. 2nd yr. w/lic.Job rate No licensr I st yr. w/lic. 2nd yr. w/lic.Job rate /VTPO &CM/O )o 0-1 vrs.1-2 yrs.2-3 yrs.>3 vrs.yrs.0-1 I -2 yrs.2-3 yrs.vrs yrs.0-l I -2 yrs.2-3 yrs.>3 yrs. 14.20 $ 15.30 $ 16.39 $ 17.00 14.2O $ 15.30 $ 16.39 $ 17.00 13.11 $ 14.15 $ 15.30 $ 15.97 o 14.63 $ 15.75 $ 16.8S 14.63$15.75$16.88 13.51 $ 14.58 $ 15.75 a D o 7.50 7.50 6.44 $ 15.07 $ 16.23 $ 17.39 $ 18.03 $ 15.07 $ 16.23 $ 17.39 $ 18.03 $ 13.91 $ 15.01 $ 16.23 $ 16.94 Pase 15 of 15 ARTICLE XXVI . OTHER BENEFITS Employees covered by this agreement shall receive the same Sick Leave, Personal Time, Bereavement Leave, Military Leave, Leave of Absence, Jury Duty, Short-term Disability, Long-term Disability, Group Life lnsurance and Flexible Spending Plan benefits as non-covered, full time, hourly employees in accordance with the policies then in effect as the same may be increased, altered, or reduced by the Commission with respect to other non-covered, full time, hourly employees. If the employer changes any benefit for non-covered, full time, hourly employees, the employer will notify the union and will meet with the union prior to implementation. ARTICLE XXVII - TERM OF AGREEMENT This Agreement shall be effective as of the l't da), of Januar), 2005 and shall remain in full force and effect until the 3l't dav of December 2007. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing, at least 120 days prior to the expiration date,that it desires to modify the Agreement. Page 15 of 16