R2012-193 AUTHORIZING CITY MANAGER TO EXECUTE COLLECTIVE BARGAINING AGREEMENT

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Section 2. (a) The normal duty week may consist of five (5) consecutive eight (8) hour duty days Monday through Friday inclusive, or, with the consent of the department director and the employee or employees involved, four (4) ten (10) hour duty days during the period Monday through Friday, except for employees in continuous operations, parking enforcement officers, persons assigned to Management Information Services, and persons assigned to the transcrib- ing unit in the Police Department. Employees in continuous operations in the Water Production Division shall have a duty week consisting of five (5) consecutive eight (8) hour days followed by at least two (2) consecutive days off; such employees may elect to utilize an accumulated holi- day or vacation day when a third consecutive day off is scheduled. (b) The City may establish new shifts, within the limitations provided in this Section. Em- ployees within job classifications in the affected department which have been assigned to a new shift shall be permitted to volunteer for such assignment to any new shift. Such employee re- quests shall be honored in order by seniority; such opportunity to volunteer for assignment to such new shift shall be offered to employees not less frequently than once per fiscal year, and more senior employees may bump less senior employees there from. The City shall assign em- ployees to a new shift after all eligible employees have had an opportunity to volunteer for as- signment thereto. When a new shift has been so established and staffed, as herein provided, the City may transfer employees of the same classification between and among all shifts within the affected department if it finds that any shift, as staffed, does not contain sufficient seniority among the employees thereof to operate in the best interests of the City; provided that, the City may not so transfer any employee from a new shift until all employees in the same classification and on the same new shift, with less seniority, have been transferred. The City cannot create new shifts solely to avoid payment of overtime. Section 3. Except during periods when snow and ice control shifts are in operation, em- ployees shall be scheduled to serve on a regular duty shift which has a regular starting and quit- ting time. Section 4. (a) A snow and ice control shift is a scheduled duty day in excess of eight (8) hours called for the purpose of snow or ice control during periods of heavy or expected heavy snowfall or ice accumulations. (b) A snow and ice control shift may be ordered by the Municipal Services Manager or his/her designee when, in his opinion, snow or ice is accumulating, has accumulated or is ex- pected to accumulate on the public streets at such depths or at such a rate that around-the- clock snow or ice control operations are necessary until the public streets are clear and the pe- riod of accumulation is ended. (c) The City shall not use or call snow and ice control shifts for the purpose of avoiding or circumventing payment for overtime. (d) Three lists of employees shall be established with preference being determined by seniority, during the month of November to be designated A, B and FM shifts for the purposes of snow and ice control shifts and ordinary snow and ice control overtime. Employees of like posi- tions on the A and B lists shall be allowed to trade positions on said lists during the year subject to the approval of the Department Director, which approval shall not be unreasonably withheld. (e) For purposes of snow and ice control, the following two shifts are recognized: 11:00 a.m. to 11:00 p.m., and 11:00 p.m. to 11:00 a.m. The first shift of employees called to duty for a snow and ice control shift, whether it be the 11:00 a.m. to 11:00 p.m. shift or the 11:00 p.m. to 11:00 a.m. shift, shall be given the opportunity to work all regularly scheduled hours during the 6