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

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The parties may mutually agree to discuss items not submitted in advance for placement on the agenda. Minutes shall be taken and, after approval by both parties, distributed. Section 8. The City agrees to make available one bulletin board for the posting of official union notices at each of the following locations:Civic Center,South Water Treatment Plant, Police Building, Municipal Services Center, Lake Office and all newly constructed and/or acquired facil- ities. Such notices must relate to legitimate union business, including but not limited to the an- nouncement of meetings, election of officers, and union recreational or social affairs. The privi- leges granted in this section shall not apply to notices that are defamatory in nature. Section 9. The City does discourage the use of alcohol during the lunch period for safety and public relations reasons. The City strictly prohibits the use of alcohol or unprescribed drugs during the working hours, on City property, or in the City vehicles. Employees found unfit for duty shall be suspended immediately. Section 10. Random drug testing in accordance with the standards and procedures of the Federal Commercial Motor Vehicle Safety Act and any regulations duly promulgated there under will be conducted for all employees appointed to all position classifications covered by this collec- tive bargaining agreement. Section 11. Discipline. All discipline in situations involving a positive drug/alcohol test in accordance with Section 10 above shall be administered as specified below: (a) First Positive. In the first instance that an employee tests positive on the confirmatory test for drugs or is found to be under the influence of alcohol, the employee may be subject to a suspension not to exceed thirty(30)calendar days. (b)Second Positive. Employees who test positive on the confirmatory test for drugs or alcohol on a second occasion within a five-year period shall be subject to discharge. The employee's Department Director is hereby empowered to impose such penalty, and neither the Civil Service Commission nor an arbitrator shall have jurisdiction to review, set aside or modify such penalty. This Section 11 shall in no way limit discipline by the employer for just cause. Section 12.Work Place Violence. Employees who engage in potentially violent behavior shall be required to attend the employee assistance program (EAP). ARTICLE 20 GRIEVANCES Section 1. Definition. A grievance is hereby defined as an actual dispute between the City and the Union or an employee covered by this Agreement concerning only the application, meaning or interpretation of the express terms of this Agreement as they affect the members of the Union or said employee. Section 2. Procedure. Step One:The Union or any employee covered by this agreement may submit a grievance in writing to an immediate non-bargaining unit supervisor on a form agreed to by both the City and the Union. The grievance shall state in simple and concise terms the nature of the dispute and shall specify the portion of the agreement which the union or the employee feels is being violated. The immediate non-bargaining unit supervisor shall respond in writing within ten (10) 29