R2022-173 Resolution Authorizing Collective Bargaining Agreement for Pay and Benefits - AFSCME Council 31 and Local 268 General Service Employees

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(a)The Union and the Employer agree that discipline shall be issued no later than ten (10) days following the verification of the completion of the Employer's investigation of the incident giving cause for the discipline. By mutual written agreement the parties may extend the ten (10) day limit an additional ten (10) days. The Employer shall provide timely notification to the Union President of the completion of the investigation. Section 2. Reprimand shall be done in such manner as not to embarrass the employee before other employees or the public. Section 3.Suspensions and discharges from the classified service shall be in accordance with the rules of the Civil Service Commission and the State Law with regard to Civil Service for Cities, except as provided by Article 20 hereof. Section 4. (a) Prior to the imposition of any suspension subject to the grievance and ar- bitration procedures established by this agreement, the Department Director and a supervisor or designee shall meet with the employee sought to be suspended and a union representative.Such meeting shall be limited to informing the employee of the nature of the charges resulting in the suspension and an opportunity for the employee to address, explain or refute the charges. No witnesses or other extraneous evidence will be permitted at such meeting. Said meeting may be postponed by the employee, but only due to the unavailability of a union representative and not beyond the end of the second business day following that on which the meeting was originally scheduled; if at that time the employee is still unwilling to meet without a union representative, the suspension may be imposed without the necessity for such meeting. (b) The meeting otherwise required by the provisions hereof may be waived by concur- rence of the Department Director, the employee and the Union. Section 5. (a) In the event an employee's Commercial Driver's License (CDL)is revoked, suspended or canceled for any reason other than a positive confirmatory test for drugs or alcohol, the employee will have up to 30 days in which to regain the CDL.An employee will be reassigned to a non-driving position or a position not requiring a CDL during the 30-day period.Any approved reassignment will be to the next lower pay step in the salary range of the temporarily reassigned position. (b) If an employee is unable to regain his/her CDL by the end of the 30-day period, the employee may be placed on leave for the next thirty(30)days with time charged, as available, to accrued vacation leave or unscheduled holiday and any remaining time being a leave of absence without pay. (c) If an employee is unable to regain his/her CDL by the end of a 60-day period, the employee shall be considered to have resigned with no right to any appeal or hearing thereon before the Civil service Commission or any arbitrator. Each separation is reviewed case-by-case with the final decision regarding separation being made by the Department Director.An employee separated from employment with the city for the loss of CDL driving privileges may apply for re- employment after regaining his/her CDL. If this occurs within one year of separation the employee shall be placed at the top of the Civil Service Register for their prior position and be offered the next available opening. (d)A lifetime disqualification from holding a CDL will result in an employee's separation. (e). The City shall pay the difference between regular driver's licenses and CDL driver's licenses and all required endorsements. 18