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AGREEMENT
Between
CITY OF MUSKEGON
And
SERVICE EMPLOYEES
INTERNATIONAL UNION, LOCAL 517M
(Clerical)
JANUARY 1, 2024- DECEMBER 31, 2027
INDEX
Article Page
1. Recognition - Employees Covered .........................................................................................1
2. Recognition of Management .................................................................................................2
3. Union Security……………………........................................................................................2
4. Remittance of Dues and Fees ................................................................................................3
5. Union Representation .............................................................................................................3
6. Special conferences ...............................................................................................................4
7. Grievance Procedure ..............................................................................................................4
8. Computation of Back Wages ..................................................................................................6
9. Discharge and Suspension ......................................................................................................6
10. Seniority - Probationary Employees ......................................................................................7
11. Seniority Lists ........................................................................................................................7
12. Loss of Seniority ....................................................................................................................7
13. Seniority of Officers and Stewards ........................................................................................8
14. Contracting Out Work ............................................................................................................8
15. Layoff Defined .......................................................................................................................8
16. Recall Procedure ...................................................................................................................9
17. Transfers ................................................................................................................................9
18. Job Posting and Examination Procedure ...............................................................................9
19. Jury Duty .............................................................................................................................11
20. Military Leaves ...................................................................................................................11
21. Unpaid Leaves of Absence ..................................................................................................11
22. Rates for New Jobs ..............................................................................................................11
23. Temporary Assignments .....................................................................................................12
24. Working Hours ....................................................................................................................12
25. Overtime ..............................................................................................................................13
26. Sick Leave ..........................................................................................................................14
27. Worker's Compensation ......................................................................................................16
28. Bereavement Leave .............................................................................................................17
29. Holiday Provisions ..............................................................................................................18
30. Personal Leave Days ...........................................................................................................19
31. Vacations .............................................................................................................................19
32. Child Care Emergency Leave .............................................................................................22
33. Insurance .............................................................................................................................22
34. Defined Benefit Retirement Plan .......................................................................................24
35. Deferred Compensation .......................................................................................................26
36. Defined Contribution Retirement Plan ................................................................................26
37. Continuing Benefits .............................................................................................................27
38. Distribution of Agreement/Bulletin Boards ........................................................................27
39. Work Performed By Supervisors ........................................................................................27
40. Civil Service Jurisdiction ....................................................................................................27
41. Unemployment Insurance ....................................................................................................28
42. Use of Temporary Help .......................................................................................................28
43. Residency ............................................................................................................................28
44. Affirmative Action ..............................................................................................................28
45. Uniforms and Dry Cleaning Allowance For Police Clerks .................................................29
46. Drug and Alcohol Testing ....................................................................................................29
47. Wage and Salary Schedule .................................................................................................29
48. Union Conferences ..............................................................................................................31
49. Miscellaneous ......................................................................................................................31
50. Appendixes ..........................................................................................................................31
51. Successor Clause .................................................................................................................31
52. Termination and Modification ............................................................................................32
53. Emergency Manager ............................................................................................................32
Signatures .............................................................................................................................33
* * * * * *
APPENDIX A - SALARY SCHEDULE EFFECTIVE JANUARY 1, 2024
APPENDIX B - LONGEVITY PAY PLAN RULES AND REGULATIONS
APPENDIX C - MEMORANDUM OF AGREEMENT
PART TIME EMPLOYEES
APPENDIX D- DRUG AND ALCOHOL POLICY
AGREEMENT
This Agreement effective and entered into on this day of January, 2024, between
the City of Muskegon (hereinafter referred to as "EMPLOYER"), and the Service Employees
International Union, Local 517M (hereinafter referred to as "UNION").
(NOTE: The headings used in this Agreement and exhibits neither add to
nor subtract from the meaning, but are for reference only.)
PURPOSE AND INTENT
The general purpose of this Agreement is to set forth terms and conditions of
employment, and to promote orderly and peaceful labor relations for the mutual interest of the
Employer, the employees and the Union.
The parties recognize that the interest of the community and the job security of the
employees depend upon the Employer's success in establishing a proper service to the
community.
To these ends, the Employer and the Union encourage, to the fullest degree, friendly and
cooperative relations between the respective representatives at all levels and among all
employees.
ARTICLE 1. RECOGNITION - EMPLOYEES COVERED
Pursuant to and in accordance with all applicable provisions of Act 379 of the Public
Acts of 1965, as amended, the Employer does hereby recognize the Union as the exclusive
representative for the purpose of collective bargaining in respect to rates of pay, wages, hours of
employment, and other conditions of employment for the term of this agreement of all
employees of the Employer included in the bargaining unit described below:
Customer Service Representative, Community and Neighborhood Services
Technician, Housing Rehabilitation Counselor, Housing Project Coordinator, Family Self
Sufficiency Coordinator, FOIA Specialist, Parking Officer, Rehabilitation Grant
Specialist, , Permit Technician, Community Development Specialist, Section 8
Coordinator, and Tenant Affairs Specialist but excluding Supervisors, Executives and
confidential employees, the City Manager's Executive Assistant, all Administrative
Assistants including the Administrative Assistant to Personnel/Purchasing and Planning,
Finance Clerks, Administrative Services Supervisor – Department of Public Works, the
Grants Coordinator in Community and Neighborhood Services, Treasury Supervisor,
Technology Support Specialist, Network Administrator, Event Coordinator, Management
Assistant – Finance, Income Tax Auditor, Special Projects Coordinator, Police Records
Supervisor, Police Community Coordinator, Code Coordinator, Planner I, Administrative
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Aide/Office Manager in the Police Department, the Deputy City Treasurer and, the
Deputy City Clerk.
ARTICLE 2. RECOGNITION OF MANAGEMENT
Except as specifically restricted by this Agreement, and unless limited by law, the
Employer retains all rights, functions and prerogatives, including, but not limited to:
(a) The right and responsibility to direct the operations of the Employer, including,
but not limited to: the selection of the kinds and sources of materials, supplies, machinery and
equipment; the determination of the kind, size, number and location of its offices; the
determination of the services to be performed by it; the determination of the services to be
purchased from others; the determination of the work schedules; the determination of reasonable
work rules and standards; the determination of the persons, firms or corporations with whom it
will do business; the method of doing business; the determination of the size of the working
force to satisfy Employer requirements; hiring of new employees or determination of whom it
will retain at the end of the probationary period; the right to maintain order and efficiency, to
relieve employees from duty because of lack of work or for other legitimate reasons; the right to
establish, change or introduce new or improved methods, equipment, quality standards or
facilities; to terminate employment, suspend, discipline or discharge any employee for just cause;
the right to establish, change or introduce standards of safety and safe operating practices; the
right to establish and alter all conditions and qualifications of employment (as related to the
hiring of new employees).
(b) Any complaint or dispute concerning the exercise of any such management
functions in a manner contrary to any express provision of this Agreement shall constitute a
grievance within the meaning of this Agreement.
ARTICLE 3. UNION SECURITY
(a) Upon receipt of a written authorization from an employee, and to the extent
permitted by law, the employer will deduct from the employees’ wages an amount equal to
monthly union membership dues which shall be deducted in a fixed amount each pay period,
regardless of the employee’s membership status, and remitted to the Union. Once authorized,
payroll check-off shall be irrevocable for a period of one year and automatically renewed each
year thereafter, except that authorization may be withdrawn by sending a written notice to the
Union by registered mail during the period of ten (10) days immediately prior to the annual
anniversary date of the contract (Dec. 16th through Dec. 31st).
(b) The employer agrees to provide this service without charge to the union.
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ARTICLE 4. REMITTANCE OF DUES AND FEES
(a) When Deductions Begin.
Check-off deductions under all properly executed authorization for check-off
shall become effective at the time the application is signed by the employee and the total dues for
the year divided by twenty-six (26) pay periods will be deducted from each pay period of the
month in each month thereafter.
(b) Remittance of Dues to Financial Officer.
Deductions for any calendar month shall be remitted to such address designated to
the designated financial officer of Service Employees International Union, Local 517M, with an
alphabetical list of names and addresses of all employees from whom deductions have been
made no later than ten (10) days following the end of the month for which they were deducted.
(c) The employer shall additionally indicate the amount deducted and notify the
financial officer of the Union of the names and addresses of employees, who through a change in
their employment status, are no longer subject to deductions and further advise said financial
officer by submission of an alphabetical list of all new hires since the date of submission of the
previous month's remittance of dues.
(d) The Employer shall not be liable to the Union or its Local for the remittance or
payment of any account other than that constituting actual deductions made by the Employer at
the request of the Union from employees' wages earned. The Union assumes full responsibility
for the disposition of the funds once remitted to the Union. The Union shall defend and hold
harmless and indemnify the Employer against any expense incurred or liabilities required to be
paid arising out of any action resulting from a deduction found to be improper.
ARTICLE 5. UNION REPRESENTATION
(a) Stewards, Alternate Stewards and Unit Chairmen.
The employees covered by this Agreement will be represented by two stewards.
The union shall have the exclusive right to assign said stewards.
1. The employer will be notified of the names of the
alternate stewards who would serve only in the
absence of a regular steward.
2. The steward involved during their working hours,
without loss of time or pay, may present grievances
to the Employer during working hours.
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3. The Unit Chairperson shall be allowed the
necessary time off during working hours, without
loss of time or pay, to present grievances to the
Employer in accordance with the grievance
procedure.
(b) Union Bargaining Committee.
1.1. Employees covered by this Agreement will be
represented in negotiations by three negotiating
committee members who will be paid by the
Employer.
2. Members of the bargaining committee shall
not lose time or pay for hours spent in negotiations
which occur during normal working hours.
ARTICLE 6. SPECIAL CONFERENCES
(a) Special conferences for important matters will be arranged between the Chairof
the Union and the Employer or its designated representative upon the request of either party.
Such meetings shall be between at least two representatives of the Union and two representatives
of Employer. Arrangements for such special conferences shall be made in advance and an
agenda of the matters to be taken up at the meeting shall be presented at the time the conference
is requested. Matters taken up in special conference shall be confined to those included in the
agenda. This meeting may be attended by representatives of the Union and/or representatives of
the International Union.
(b) The Union representatives may meet on the Employer's property for at least
one-half hour immediately preceding the conference.
ARTICLE 7. GRIEVANCE PROCEDURE
It is the intent of the parties to this Agreement that the grievance procedure set forth
herein shall serve as a means for a peaceful settlement of disputes that may arise between them
as to the application and interpretation of this Agreement or other conditions of employment. In
order to be a proper matter for the grievance procedure, the grievance must be presented to the
Employer within ten (10) working days of its occurrence. The Employer will answer, in writing,
any grievance presented to it, in writing, by the Union.
"Working days" for purposes of this article shall be Monday through Friday, excluding
Saturday, Sunday and holidays.
STEP 1. Any employee having a grievance shall present it to the Employer as follows:
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(a) If an employee feels they have a grievance, they shall discuss the grievance with
the steward.
(b) The steward may discuss the grievance with the immediate supervisor.
(c) If the matter is thereby not disposed of, it will be submitted, within ten (10)
working days of its occurrence, in written form by the steward to the grievant's Department
Head. Upon receipt of the grievance the Department Head shall sign and date the steward's copy
of the grievance.
(d) The Department Head shall give their answer to the steward and the Employee
within ten (10) working days of receipt of the grievance.
(e) Prior to submission of the grievance at the City Manager's level, the grievant shall
elect whether they desire to proceed under the Civil Service Rules and Regulations or to
arbitration, under the terms and conditions of the grievance procedure.
STEP 2. If the grievance remains unsettled, it shall be presented by the Chair of the
Union, in writing, to the City Manager or their designate within ten (10) working days after the
response of Step 1 is due. The City Manager or their designate shall sign and date the Chair’s
copy. As soon as possible thereafter, if requested by either party, but in any event no later than
ten (10) working days, the City Manager or their designate shall schedule a meeting with the
Union to discuss and attempt to resolve the grievance. The City Manager or their designate shall
respond in writing to the Chair of the Union within ten (10) working days of the meeting.
STEP 3.
(a) If the answer at STEP 2 is not satisfactory, and the Union wishes to carry it
further, the Chair
of the Union shall refer the matter to the Service Employees International Union, Local
517M.
(b) In the event the Employees of the Service Employees International Union, Local
517M wishes to carry the matter further, it shall, within ten (10) working days from receipt of the
Employer's answer at Step 2, serve notice of intent to arbitrate on the City Manager or their
designated representative. The parties shall attempt to mutually select an arbitrator. If the
parties are unable to mutually select an arbitrator, the Union shall request a panel from the
Federal Mediation and Conciliation Service in accordance with its rules and procedures.
(c) The arbitration proceedings shall be conducted in accordance with the Federal
Mediation and Conciliation Service Rules and Regulations.
(d) There shall be no appeal from any arbitrator's decision. Each such decision shall
be final and binding on the Union, its members, the employee or employees involved, and the
Employer. The arbitrator shall make a judgment based on the express terms of this Agreement,
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and shall have no authority to add to or subtract from any of the terms of this Agreement. The
expenses for the arbitrator shall be shared equally between the Employer and the Union except as
follows:
1. If the Union requests arbitration and then cancels or withdraws the grievance, the
Union shall pay the full costs and expenses of the arbitrator;
2. If the Union requests arbitration and the Employer grants the grievance, the
Employer shall pay the full costs and expenses of the arbitrator; and
3. If the Union requests arbitration and the grievance is resolved or the matter is
arbitrated, the costs and expenses shall be shared equally between the Employer
and the Union.
(e) Any grievance not answered within the time limits by the Employer shall be
deemed settled on the basis of the Union's original demand.
(f) Any grievance not appealed by the Union within the time limits shall be deemed
settled on the basis of the Employer's last answer.
ARTICLE 8. COMPUTATION OF BACK WAGES
No claim involving a claim for back wages shall exceed the amount of wages the
employee would otherwise have earned.
ARTICLE 9. DISCHARGE AND SUSPENSION
(a) Notice of Discharge or Suspension.
The Employer agrees, promptly upon the discharge or suspension of an employee,
to notify, in writing, the employee and their steward of the discharge or suspension. Said written
notice shall contain the specific reasons for the discharge or suspension.
(b) The discharged or suspended employee will be allowed to discuss their discharge
or suspension with their steward if they so requests, and the Employer will make available a
meeting room where they may do so before they are required to leave the property of the
Employer.
(c) Appeal of Discharge or Suspension.
Should the discharged or suspended employee consider the discharge or
suspension to be improper, they may file a grievance at the City Manager's step in the grievance
procedure within ten (10) working days of the notice of suspension or discharge.
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(d) Use of Past Record.
In imposing any discipline or discharge on a current charge, the Employer will not
take into account any prior infractions which occurred more than three (3) years previously.
ARTICLE 10. SENIORITY - PROBATIONARY EMPLOYEES
(a) Seniority shall be defined as an employee's continuous service with the City of
Muskegon.
(b) New employees hired in the unit shall be considered as probationary employees
for the first six (6) months of their employment. When an employee finishes the probationary
period they shall be entered on the seniority list of the unit and shall rank for seniority from the
day six (6) months prior to the day they complete the probationary period. There shall be no
seniority among probationary employees.
(c) The Union shall represent probationary employees for the purpose of collective
bargaining in respect to rates of pay, wages, hours of employment, and other conditions of
employment as set forth in Section (1) of this Agreement, except discharged and disciplined
probationary employees for other than union activity.
ARTICLE 11. SENIORITY LISTS
(a) Seniority shall not be affected by the age, race, sex, marital status, or dependents
of the employee.
(b) The seniority list on the date of this Agreement will show the date of hire, names
and job titles of all employees of the unit entitled to seniority.
(c) The Employer will keep the seniority list up to date at all times and will provide
the Service Employees International Union, Local 517M with up-to-date copies at least once
each calendar year unless amended or revised.
(d) The Union's copy of the seniority list, as set forth above, shall be forwarded to the
Service Employees International Union, Local 517M, or at such address as notified in writing.
ARTICLE 12. LOSS OF SENIORITY
An employee shall lose their seniority for the following reasons only:
(a) They quit.
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(b) They are discharged and the discharge is not reversed through the procedure set
forth in this Agreement or through Civil Service Procedures.
(c) They are absent for three (3) consecutive working days without notifying the
Employer. The Employer will notify the employee in accordance with the Civil Service
procedures at their last known address that they have lost their seniority, and their employment
has been terminated. The employee will have such rights available to them as are provided them
by said Civil Services Rules and Regulations.
(d) If they do not return to work when recalled from layoff as set forth in the recall
procedure.
(e) Return from sick leave and leaves of absence will be treated the same as (c)
above.
(f) They are laid off for three (3) years or for a period not to exceed their seniority
within their classification whichever is less.
ARTICLE 13. SENIORITY OF OFFICERS AND STEWARDS
The Chairman of the Union, and the two (2) stewards, in that order, shall head the
seniority list of the unit during their term of office.
ARTICLE 14. CONTRACTING OUT WORK
The Employer has the right to subcontract work customarily done by the bargaining unit
only if the cost to subcontract is less than the cost to perform the work internally. The Employer
shall only contract out the work of an employee within the unit when the work of a specific
Employer function is being contracted out. No subcontract shall be entered into without the
Employer having given thirty (30) days written notice to the Union in advance of said
subcontract and without first having negotiated with the Union as to the effects of said
subcontract upon members of the bargaining unit.
ARTICLE 15. LAYOFF DEFINED
(a) The word "layoff" means a reduction in the work force.
(b) When a layoff takes place, probationary employees within the classification shall
be laid off first. Thereafter, employees having seniority within the classification shall be laid off
in the inverse order of their seniority, i.e., the least senior employee on the seniority list being
laid off first.
(c) Employees to be laid off will receive notice of the layoff in accordance with Civil
Service Rules and Regulations.
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(d) Bumping will take place only within the bargaining unit.
(e) An employee who chooses to utilize their bumping rights will bump the lowest
senior employee within their classification. If such laid off employee is currently the lowest
senior employee within the classification then they may choose to bump the lowest senior
employee in a different classification for which they are qualified.
(f) Parking Officers shall not bump into the clerical classifications and clerical shall
not bump into the parking officer classification.
ARTICLE 16. RECALL PROCEDURE
When the working force is increased after a layoff, employees will be recalled according
to seniority, with the most-senior employee on layoff being recalled first. Notice of recall shall
be sent to the employee at their last known address by registered or certified mail. If an
employee fails to report for work within ten (10) calendar days from the date of mailing of notice
of recall, they shall be considered to have resigned.
ARTICLE 17. TRANSFERS
(a) Transfer of Employees. If an employee transfers to a position under the
Employer, the employee shall have thirty (30) calendar days within which the employee may
transfer back. This provision does not apply to employees promoted to another position and
failing the promotion or choosing to return to the former position.
(b) Retention of Seniority. If an employee transfers to a position not included in the
bargaining unit, and thereafter, within six (6) months, transfers back to a position within the
bargaining unit, they shall have accumulated seniority while working in the position to which
they transferred. Employees transferring under the above circumstances shall retain all rights
accrued for the purpose of any benefits provided in this Agreement.
ARTICLE 18. JOB POSTING AND EXAMINATION PROCEDURE
(a) In accordance with Civil Service Rules and Regulations, all open competitive and
competitive promotional examinations within the unit shall be posted at least five (5) days in
each department that employs bargaining unit members, but the posting must continue into the
first work day of the week after it was first posted. Employees interested shall apply in writing
to the Civil Service Department within the five (5) day posting period. All open competitive and
competitive promotional examinations shall be conducted in accordance with Civil Service Rules
and procedures.
(b) In accordance with Civil Service Rules and Regulations all examinations for
classifications included within this agreement which are above the entry level rate for a
clerk-typist shall be considered as competitive promotional examinations. Competitive
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promotional examinations shall be based upon records of efficiency, character, merit, conduct
and seniority and shall be open only to employees within the municipal service who meet the
minimum qualifications for the position.
(c) The Employer will not be required to post a position for promotion in any
classification more than once in a six month period. Any employee that would become eligible
to apply for the position during that period would be allowed to test for such. If they are
successful in the testing, they will be placed on the eligibility list. However, that person cannot
promote until such time as they would otherwise meet the time requirements for eligibility.
(d) Employees who apply and who meet the minimum qualifications (as established
pursuant to paragraph (b) above) will be placed on an eligible list limited to applicants from
within the bargaining unit. No employee's name will be removed from the eligible list unless
that employee requests that their name be removed. Employees within this bargaining unit shall
have preference over all other applicants for an open position. However, if no bargaining unit
members apply, the Employer will be authorized to appoint persons from the outside.
(e) Eligible lists will be effective for a period of one (1) year unless during a shorter
period of time all bargaining unit members who are on a list have their name(s) removed because
of accepting a promotion or by request. In the event all bargaining unit names have been
removed as provided above, a vacant position will be posted for promotional examination and a
new eligible list established.
(f) Upon making a request to Civil Service, the chapter chairperson will have copies
of notices of posting, and names of employees granted positions, made available to them.
(g) Employees awarded a position pursuant to the above procedures will be granted a
trial period in the new position in accordance with Civil Service Rules and Regulations. If the
employee is unsatisfactory in the new permanent position, notice and reasons shall be submitted
to the employee and their steward in writing. In the event the employee disagrees, it shall be a
proper subject for the grievance procedure.
(h) Any employee filling a vacancy of a promotional nature with the Employer, for
which they have not been previously classified, shall be given up to six (6) calendar months to
prove their ability. If the department head fails the employee during this probationary time
period, then the employee may return to the former position at the rate of pay for that position.
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ARTICLE 19. JURY DUTY
An employee who is summoned and reports for jury duty as prescribed by applicable law
shall be paid by the employer an amount equal to the difference between the amount of wages
the employee otherwise would have earned on that date and the daily jury duty fee paid by the
Courts, not including travel allowances or reimbursements or expenses for each day on which
they report for or perform jury duty and on which they otherwise would have been scheduled to
work for the Employer. The employee shall notify the Department Head as soon as possible of
the dates of absence required by jury service. Jury duty includes witness service by subpoena.
In most situations, an employee will continue to receive their regular paycheck from the
Employer and will turn over checks for daily jury duty fees to the Employer.
ARTICLE 20. MILITARY LEAVES
(a) The right to re-employment and the continuing seniority rights are guaranteed for
any employee, now or hereinafter, upon the seniority list and who, now or hereafter, is a member
of the Armed Forces of the United States, State of Michigan.
(b) A leave of absence shall be granted to employees in the classified service for
service in defense of the Country or who are members of the National Guard or militia or of the
Reserve Corps or forces in the Federal Military, Naval, Marine or Coast Guard Service as
authorized and provided for by the Veterans Preference Act of the State of Michigan, and
privileges authorized by said Veterans Preference Act with respect to status and re-employment.
(c) Whenever employees who are members of the National Guard, Naval Reserve,
Army Reserve, Marine Reserve, or Air Force Reserve, are called to active duty, they shall be
entitled to a leave of absence, in addition to their annual vacation leave from their respective
duties, without loss of pay for such time as they are engaged in active-duty defense training.
Such leaves not to exceed two (2) calendar weeks (ten (10) working days) per year. The parties
agree that this provision allows an employee to receive the difference between their military pay
and their regular salary while on the two (2) week training leave.
ARTICLE 21. UNPAID LEAVES OF ABSENCE
Unpaid leaves of absence shall be approved or rejected in accordance with applicable
ordinances, Civil Service Rules and Regulations and applicable statutes.
ARTICLE 22. RATES FOR NEW JOBS
When a new job is created, within the unit, the Employer will notify the Union of the
classification and rate structure prior to it becoming effective. In the event the Union does not
agree that the classification and rate are proper, it shall be subject to negotiations, but not subject
to arbitration.
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During the life of this contract, the Employer may choose to revise the classification and
rate structure prior to it becoming effective. Any change will not result in a loss of pay for an
employee. In the event the Union does not agree that the classification and/or a rate change are
proper, it shall be subject to negotiations, but not subject to arbitration.
ARTICLE 23. TEMPORARY ASSIGNMENTS
Temporary Assignments may be made within a Department by the Employer, and
employees will receive the higher rate of pay after forty (40) hours in the higher classification.
Temporary assignments shall not normally exceed a one (1) year period of time. Temporary
assignments made through the Civil Service System will result in payment at the higher rate of
pay effective upon appointment.
ARTICLE 24. WORKING HOURS
(a) The normal workday for employees working a 5-day work week shall consist of
seven and one-half (7-1/2) hours per day. The normal workweek for employees working a 5-day
work week shall consist of thirty-seven and one-half (37-1/2) hours per week, Monday through
Friday. Work hours for employees at the Police Department Records Desk will be between 6:00
a.m. and 7:00 p.m. Work hours for Parking Enforcement shall be 7:00 a.m. to 9:00 p.m. Work
hours for all other employees will be between 7:30 a.m. and 5:30 p.m.
The normal workday for employees working a 4-day work week shall consist of
nine and one-half (9-1/2) hours per day. Their normal work week shall consist of thirty-eight
(38) hours per week, Monday through Thursdays unless their department maintains a 5-day work
week in which case the day off for each employee will rotate on a weekly basis.
Employees who work in a department that operates on a five-day schedule may
choose to work either 4 ten-hour days or 5 eight-hour days. Once an employee decides on a
work schedule, they cannot change that schedule unless they give the employer a minimum
notification of one full pay period and the Department Head approves the change.
Notwithstanding anything else in this section, the use of non-mandatory flextime
shall be permitted so long as both the employee and the department head agree to the use of the
flextime. Flextime hours which are banked must be used or paid for in the next pay period.
(b) Employees who work 4/10’s receives a 30-minute unpaid lunch and employees
who work 5/8’s receives one (1) hour unpaid off for lunch and may combine one or both of their
breaks with their lunch time. Once an employee decides to combine or not combine, they cannot
change that schedule unless they give the employer a minimum notification of one (1) work
week, unless there is an emergency.
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(c) Employees may take a fifteen (15) minute coffee break in the A.M., and also a
fifteen (15) minute coffee break in the P.M., or the first half and second half of their regular shift,
whichever may apply.
(d) If the normal hours are changed, the employees will be provided one (1) week
notice, if possible.
ARTICLE 25. OVERTIME
(a) Time and one-half will be paid as follows:
1. For hours in excess of forty (40) in one week.
2. For all hours worked on holidays that are defined by this Agreement in
addition to holiday pay.
3. Non-mandated hours on Saturday or Sunday.
If the Employer mandates that the work be performed on a Sunday or holiday,
double time will be paid. If overtime is mandated but the employee elects to do the work on a
Sunday or holiday, time and one-half will be paid.
(b) Overtime shall be equalized as much as possible among all employees within a
classification within a department.
(c) Employees shall receive the overtime benefits provided for in this Agreement
provided they work their full straight time scheduled workweek as established in this Agreement.
Paid holidays, sick leave, vacation leave, bereavement leave and other authorized time off, other
than disciplinary time off, will be considered as time worked for the purpose of computing
overtime and fringe benefits.
(d) For all hours accumulated between thirty-seven and one-half (37-1/2) hours and
forty (40) hours per week, credit for actual time worked will be in the form of compensatory time
off at a straight time rate of one (1) hour for each hour worked. Any paid time or compensatory
time after 40 hours per week will be paid and/or accumulated at time-and-one-half. Such
accumulated time shall be used within the year it was earned. Employees shall have the option
to draw down their compensatory time bank, subject to two (2) weeks’ notice to the Employer.
Payment will be in regular paychecks or may be deferred to the 457-retirement plan at the same
time as other city employees. Employees shall draw down at least twenty (20) hours at a time
when the employee requests payment for earned compensatory time. Employees shall be allowed
to carry over to the next year a maximum of 20 hours. Any time accrued over the 20 hours will
be paid out to the employee at the end of the year. Compensatory time may be used in thirty (30)
minute increments upon 1-hour minimum notice to supervisor. The use of compensatory time
shall not cause the need for overtime.
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(e) When a parking officer’s regular shift consists of a Sunday, the employee’s
second day off is the employee’s Sunday.
(f) No unscheduled overtime will be allowed. All overtime must be approved by the
supervisor prior to any overtime being worked.
ARTICLE 26. SICK LEAVE
(a) All employees covered by this Agreement shall accumulate eight (8) hours of sick
leave hours per month, not to exceed ninety-six (96) hours per year, with a maximum
accumulation of one thousand forty (1,040) hours.
(b) Any employee who has accumulated one thousand forty (1,040) hours of unused
sick leave will be compensated on an annual basis for seventy-five percent (75%) of the
accumulated, but unused, sick time in excess of one thousand forty (1,040) hours. This
compensation will be paid consistent with the Employer’s policy released each year. In lieu of
being paid seventy-five percent (75%) accumulated but unused sick time, an employee may
elect to contribute, on an annual basis, one hundred percent (100%) of the accumulated, but
unused, sick time in excess of one thousand forty (1,040) hours into either the Employer’s
Deferred Compensation Program or a Michigan Education Savings Program.
(c) An employee while on paid sick leave will be deemed to be on continued
employment for the purpose of computing all benefits referred to in this Agreement and will be
construed as days worked specifically.
(d) Sick leave accruals shall be retained by an employee in each of the following
cases: an employee who is absent on authorized leave of absence; an employee who transfers
from one classification or department to another; a classified employee who is called from a
layoff.
(e) Upon termination of employment under honorable conditions, the employee will
be compensated at the rate of seventy-five percent (75%) of the value of the accumulated unused
sick leave, provided the employee has worked a minimum of twelve (12) consecutive months. In
lieu of being paid seventy-five percent (75%) accumulated but unused sick time, an employee
may elect to contribute one hundred percent (100%) of the accumulated, but unused, sick time in
excess of one thousand forty (1,040) hours into either the Employer’s Deferred Compensation
Program or a Michigan Education Saving Program. This paragraph does not apply to employees
dismissed while on probation.
(f) Sick leave will be accumulated and accounted for on a bi-weekly basis based on
a maximum of 96 hours per year.
(g) The Employer will allow use of up to ninety-six (96) hours per year for sick leave
for injury or illness in an employee's immediate family which requires presence away from work.
Immediate family will include spouse, children, dependent individual, grandchildren, parents,
grandparents and parents-in-law.
Page 14
(h) The minimum increment of sick leave use shall be one (1) hour.
Employees can change the time the lunch hour is taken to accommodate
appointment with supervisor approval.
If employee provides a doctor’s slip, sick time can be taken in ¼ hour increments,
excluding repeated scheduled appointments at the end of the working day. After the first hour,
sick time may be taken in ¼ hour increments.
(i) In the event a sick leave absence is not covered under a FMLA event or other
federally protected leaves, then the following applies to the sick leave absence:
i. A medical certificate shall be required in the absence of reasonable evidence of an
employee’s illness, an illness or injury in their immediate family, or injury that
prevented their attendance at work for a period in excess of three (3) days before
compensation for the period will be allowed. A medical certificate may be required
in the absence of reasonable evidence of an employee’s illness or injury that
prevented their attendance at work for any length of absence after an employee has
taken eight (8) separate periods of sick leave in any calendar year before
compensation for the period will be allowed. A “separate period” shall be defined as
any time away from work. However, in accruing the “eight (8) separate periods of
sick leave in any calendar year”, an employee will not have a “separate period”
credited to them if a medical certificate is provided as to such sick leave. Following
eight (8) separate periods of sick leave in any calendar year where the employee has
failed to provide a medical certificate, then each additional separate period of sick
leave will be counted as unauthorized and unpaid leave of absence unless the
employee or a member of their immediate family is subject to a severe or chronic
illness of substantial duration. If sick time is being used for school/family
accommodation or to make up the difference between an eight hour to a ten-hour day,
this requirement does not apply.
ii. A “medical certificate” shall either be a completed form provided by the Employer or
a completed form from a qualified health professional stating the reason for the sick
leave. A supervisor has the right to request the Employer’s form (Employee’s Time
Off – Request Form) be completed in addition to any form completed by another
source, and the employee shall have two (2) work days to return the Employer form.
An original signature is not required in the Employer’s medical form.
iii. The above information does not restrict or replace the Employer’s FMLA policy. If
an employee has FMLA or another qualifying event/leave, they should reference that
policy.
j. Employees may use sick leave upon accumulation.
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k. All employees who will be absent from work must call in to their supervisor by
the normal starting time, unless there is an emergency that makes such communication
impossible or when the safety of the employee, their family, or the public is of greater priority
and such emergency is supported by documentation. An employee who fails to call in before the
normal start time shall be disciplined as a Group 1 offense per Civil Service Rules.
If an employee calls in on time but has no sick leave bank, the employee will be
disciplined unless the absence is authorized by evidencing a medical certificate as defined in
Article 26(i).
ARTICLE 27. WORKER'S COMPENSATION
(a) An employee disabled and absent from duty as a result of a service-connected
injury incurred in the employment of the Employer, shall receive their straight-time salary
without deduction from accumulated sick leave for the period of said disability and absence, but
not to exceed five (5) working days commencing with the date of injury. All Worker's
Compensation payments received by the employee for this period shall be turned over to the
Employer. This paragraph is limited to those situations where the Employer’s physician requires
the employee to be off work.
(b) Sick leave will be applied to lost time and deducted for service-connecting
disability other than that for which the employee receives Worker's Compensation insurance
benefits for lost time, only upon receipt of a statement signed by the Employer Physician to the
effect that the injured employee is unable to perform the regular duties or such other temporary
task available in the framework of Employer functions, in which event said employee's earned
sick leave shall be used at the rate of eight (8) or ten (10) hours per sick leave day per the
employee’s regular schedule for each day of such service-connected disability until such sick
leave accumulation has been exhausted.
(c) An employee's absence from duty due to a service-connected disability for which
they are receiving Worker's Compensation benefits shall not be compensated for or deducted
from their sick leave unless they shall elect to be paid the difference between the Worker's
Compensation received by them for such service-connected disability and their normal wage or
salary; in which event, said employee's earned sick leave shall be used at the rate of 2.67 or
3.333 hours of sick leave (1/3 day) per the employee’s regular schedulefor each day of such
service-connected disability until such sick leave accumulation has been exhausted.
(d) Any employee disabled and absent from duty as a result of a service-connected
injury incurred in the course of employment with the City of Muskegon, who has exhausted their
sick leave option, shall receive economic accruals as of that date, except as specifically stated in
the following sub-paragraphs:
1. "Seniority shall continue to accrue (for example, if the employee is injured
in the course of their employment in their tenth (10th) year of employment
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and returns to work three (3) years later, their seniority shall be as a
thirteen-year (13) employee)."
2. "Sick leave shall not be accrued, accumulated, or paid to an employee for
any time when the employee has not worked."
(e) In no event shall any employee who has been disabled and absent from duty as a
result of a service-connected injury incurred in the course of employment with the City of
Muskegon take vacation time off in any one year in excess of that provided for in Article 31,
Vacations. Any vacation days accumulated, but not used prior to the injury in excess of the
maximum under Article 31 shall be paid to the employee in the year the employee returns to
duty.
ARTICLE 28. BEREAVEMENT LEAVE
(a) In the event there is a death in the immediate family of an employee, consisting
only of spouse, domestic partner, parent, child, dependent individual, or sibling, including in-
law, step, and foster iterations of the above relationships, such shall be granted up to forty (40)
consecutive hours leave of absence with full pay.
In the event there is a death in the family of an employee, consisting only of, grandparent,
or grandchild, including in-law, step, and foster iterations of the above relationships, such shall
be granted up to three (3) consecutive work days (days are based on employee’s regularly
worked schedule) leave of absence with full pay.
An employee shall be granted one (1) day absence of regularly worked schedule
with pay in the event of a death in the family of such employee other than herein set forth..
(b) There shall be no bereavement leave for friends, other than fellow employees. Up
to one (1) day special leave will be granted to attend funerals of fellow employees. In the event a
substantial number of employees of a particular department would ask for time off to attend the
funeral of a fellow employee, the needs of the department will be of primary concern, the
Department Head will consider the needs in determining the number of employees to receive
time off.
(c) Provided that twenty-four (24) hour notice is submitted, bereavement leave shall
be credited to the pay period in which it is taken.
(d) Up to forty (40) hours of accumulated unused sick leave may be used by an
employee each year for bereavement leave in order to attend the funeral service for any of those
persons identified herein (in this Article).
(e) An employee may use one (1) regularly scheduled workday of forty (40) hours
(sick leave used for bereavement leave), set forth in (d) above, each year to attend the funeral of
a friend.
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(f) Upon approval of the City Manager, future requests for bereavement leave may
be granted only if there is a later bereavement event (i.e., cremation service, celebration of life,
etc.) Time approved by the City Manager will be deducted from the allotted time in subsections
(a) through (e) of this Article.
ARTICLE 29. HOLIDAY PROVISIONS
(a) The paid holidays at City Hall are designated as follows:
New Year's Day Veteran's Day
Martin Luther King's Birthday Thanksgiving Day
Memorial Day Day after Thanksgiving
Juneteenth Day before Christmas
Independence Day Christmas Day
Labor Day Day before New Year's Day
(b) Employees who work at a location other than City Hall shall have a holiday
schedule consistent with the schedule at the building where the employees work. Employees
working at DPW will receive the day after Thanksgiving as a holiday. No employee shall
receive less than fourteen (14) days off as a combination of holiday/personal leave day. To the
extent that an employee receives fewer than twelve (12) holidays, the employee shall receive a
corresponding increased number of personal leave days.
(c) Paid holidays which fall on Saturday shall be recognized on the Thursday or
Friday preceding the holiday per the employee’s regularly scheduled work week. Paid holidays
which fall on Sunday shall be recognized on Monday following the holiday.
(d) When holidays fall on consecutive days, time off will be handled as follows:
1. If both holidays fall on a Monday, Tuesday, Wednesday, Thursday, or Friday,
then employees will realize the actual days off with holiday pay regardless of
their work schedule. Employees on a four (4) day work week will be paid 20
holiday hours and work two of the three remaining non-holiday days in the
work week.
2. If one or more of the days fall on a Saturday or Sunday, offices will be closed
on Friday and Monday in observance of the two holidays. All employees
working a traditional five-day work week will observe a day off on Friday and
a day off on Monday. All employees working a four (4) day work week will
work three days in each of the two work weeks.
3. If staffing needs require an employee to work during the holiday week, the
employee will receive a floating holiday to be used within a two-week period.
Page 18
At no time will a prescheduled personal or vacation day be canceled due to
accommodating a floating holiday.
(e) Permanent part-time employees shall receive holiday pay on a pro-rated basis.
(f) Parking Enforcement. When a parking officer is required to work on a holiday,
they will receive eight (8) hours of holiday pay plus double time for all hours worked.
ARTICLE 30. PERSONAL LEAVE DAYS
(a) After the first year of employment, each employee shall be entitled to sixteen
(16) hours of personal leave time per year subject to notice of at least one (1) hour in advance of
the date and time requested. Clerical employees will receive personal leave time as stipulated in
Article 29(b).
(b) After the first thirty (30) days of employment, each employee shall be entitled to
personal leave days on a pro rata basis.
(c) Personal leave days are not accumulative, but if not granted as time-off, they shall
be compensated as a day's pay. If not requested, the days shall be forfeited. This paragraph does
not apply to employees dismissed while on probation.
(d) Personal Leave may be taken in one (1) hour increments if so requested by the
employee.
(e) Each employee shall have the option to convert one (1) sick leave day per year to
a personal leave day, which shall be used as permitted by this article.
(f) Personal leave days shall not be accrued or paid to an employee for any time the
employee has not worked.
ARTICLE 31. VACATIONS
(a) Eligibility. An employee will earn credits toward vacation with pay in
accordance with the following schedule:
1. Newly hired employees will accrue vacation days on a pro-rata basis,
calculated based on eighty (80) hours per year, from their date of hire until
December 31st of that year. These accrued days will only become
available for use on January 1st of the following year.
2. Beginning on the second (2nd) calendar year of continuous service through
the fourth (4th) calendar year of continuous service, eighty (80) hours per
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year, which will be available for use on the January 1 of the following
calendar year. .
3. Beginning on the fifth (5th) calendar year of continuous service through
the thirteenth (13th) calendar year of continuous service, one hundred
twenty (120) hours per year, which will be available for use on the January
1 of the following calendar year.
4. Beginning on the fourteenth (14th) calendar year of continuous service
through the nineteenth (19th) year of continuous service, one hundred sixty
(160) hours per year, which will be available for use on the January 1 of
the following calendar year.
5. Beginning on the twentieth (20th) calendar year of continuous service
through the twenty third (23rd) year of continuous service, one hundred
eighty (180) hours per year, which will be available for use on the January
1 of the following calendar year.
6. Beginning on the twenty fourth (24th) calendar year of continuous service,
two hundred (200) hours per year, which will be available for use on the
January 1 of the following calendar year
(b) Vacation Scheduling.
1. Vacations will be granted at such times during the year as requested by the
employee subject to approval of the Department Head or their designee. If
more than one employee in a Department should request the same time
period or periods, then overall seniority within the clerical unit shall
prevail.
Senior departmental employee(s) shall have first choice. They may
choose units of not less than one (1) full scheduled work day. In selecting
a single-day unit of vacation, the employee shall forfeit a right to a
preferred choice by seniority unless arrangements are made with the
Department Supervisor/Head thirty (30) days prior to the desired date, and
provided further that departmental employees with more seniority have
not previously selected such date or dates for their vacation to the extent
that such scheduling would serve as a hardship on departmental
employment needs.
Page 20
Between December 1 and December 20 of the calendar year in which
vacation is earned, management of the department shall prepare a calendar
or schedule for vacations, which shall be circulated among employees
with each department for their selection of vacation time in the next
succeeding year. The Department head will determine the number of
employees that can be on vacation during any given time. This schedule
shall be completed by the employees within the department within forty-
five (45) calendar days from the date of circulation, but no later than
February 15th of the next succeeding year. As of February 15th of each
year, the vacation schedules shall be posted in a conspicuous place within
each department in order to allow for employees’ changes as to vacation
scheduling. Thereafter, management shall complete the vacation
schedules no later than March 2nd of any calendar year, and they shall be
posted as the final vacation schedules, subject only to the following:
Each employee shall have the right to make changes as to their
personal vacation schedule following March 2nd of any calendar
year except that no employee shall be able to declare seniority
rights in altering said schedule after March 2nd.
2. When a holiday is observed by the Employer during a scheduled vacation,
the vacation will be extended one (1) day continuous with the vacation.
3. A vacation may not be waived by an employee and extra pay received for
work during that period.
4. No vacation shall be taken by an employee until the employee has been on
the payroll beyond the probationary period.
5. An employee may bank up to forty (40) hours of vacation time annually,
which may be rolled over from year to year. Notification of such rollover
shall be given in writing to the Employer per Employer policy.
6. The minimum increment for vacation use shall be one (1) hour.
(c) Vacation Pay.
1. Subject to Civil Service Rules and Regulations if an employee is
discharged, laid off or retired, or severs their employment, they will
receive any earned but unused vacation credit including that accrued in the
current calendar year on a prorated basis. A recalled employee who
received credit at the time of layoff for the current calendar year will have
such credit deducted from their vacation the following year.
Page 21
2. Rate During Vacation. Employees will be paid their regular pay while on
vacation and will receive credit for any benefits provided for in this
Agreement.
3. Vacation time shall not be accrued, accumulated or paid to an employee
for any time when the employee has not worked.
(d) Notwithstanding any other provisions in Article 31, an Employee may convert up
to One Hundred Twenty (120) hours, per year, of unused vacation time to sick leave, per
Employer policy. The Employer may promulgate reasonable rules and forms to implement this
provision.
ARTICLE 32. CHILD CARE EMERGENCY LEAVE
An employee who is unable to report for or remain at work due to a child care
emergency may use any accrued leave.
ARTICLE 33. EMPLOYEE HEALTH INSURANCE
(a) Hospitalization.
During the life of this Agreement, the Employer will offer two plans to choose, identified
in the following chart, to every eligible employee. The plan the employee chooses will also
cover their dependents. Each eligible employee will have an opportunity to change options at the
annual open enrollment period which is held during the month of May with a June 1 effective
date.
Plan Name Benefits determined by
HMO Subject to change by HMO
Self-funded Basic/MM Plan A Bargained Plan
The major medical cap shall be as follows:
Major Medical Cap
Prior 1/1/1991 - 12/31/1996 $150,000
1/1/1997 - 12/31/1998 $225,000
1/1/1999 - Present $300,000
Employees shall contribute 10 percent (10%) of the healthcare premium of the applicable single,
double, or family plan applicable to that employee and Employer paid benefits (co-insurance and
deductibles).
Page 22
Dependent children required to be covered by the employee's health insurance carrier
pursuant to a court order shall be enrolled in the health plan per the date required by the court, as
long as the employee is eligible and has signed up for employee health insurance benefits.
Dependents are eligible for health insurance until the end of the month in which they turn 26.
The Employer reserves the right to change, limit or eliminate the non-traditional
health insurance providers.
As long as the budget allows, the Employer will continue to cover the deductible, but at a
minimum pay the deductible of $1,000 per individual and $2,000 per double or family,
contingent upon employee and spouse (if any) participating in the Wellness Program.
(b) Prescriptions.
During the life of this agreement, the prescription drug copay for employees
covered by the self-funded /master medical plan shall be $20 for generic and $40 for brand name
drugs. During the life of this agreement, the prescription drug copay for employees covered
under the Health Maintenance Organization (HMO) shall be the amount determined by the
HMO. The drug rider shall be maintained for and on behalf of the employees and their
dependents including spouse.
(c) Retirees.
For employees who leave Employer employment after January 1, 1989, except to the
extent the employee qualifies for immediate payable benefit from the General Employees'
Retirement System, retiree health benefits will be limited as follows:
10 year of service - 50% of retiree health benefit
15 years of service - 75% of retiree health benefit
20 years of service - 100% of retiree health benefit
The following health insurance plans shall be provided to retirees based on their
individual Hire Date:
Hire Date Prior to 1/1/2003 Benefit
Retiree under age 65 Retiree health insurance
Retiree over age 65 Supplemental insurance
Includes coverage for spouse and dependents at the time of retirement
Hire Date After 1/1/2003 Benefit
Retiree under age 65 (Retiree ONLY) *Retiree health insurance
*only if they immediately quality for retirement benefits
Retiree over age 65 Supplemental insurance
Page 23
Hire Date after 1/1/2009 Benefit
Retiree Under/Over 65 *No Retiree insurance
* City and employee will each pay 3% of wages to a health care savings plan
(HCSP).
Retiree prescription coverage shall be as follows:
Retiree Prescription Coverage Benefit
Retiree 1/1/1999 - 12/31/2005 $10 Generic/$15 Brand
Retiree 1/1/2006 - Present $20 Generic/$40 Brand
(d) Life Insurance.
The employer agrees to pay the premiums for group term life insurance on the life
of each employee in the face amount equal to the annual salary of each employee, but not less
than Sixteen Thousand Five Hundred ($16,500) Dollars.
(e) Dental and Vision Insurance.
During the life of this Agreement, the Employer will provide and pay for a dental and vision plan
for all eligible employees, spouses, and dependents. The employer will pay a lifetime maximum
of $2,000.00 for Orthodontia services.
(f) Long-term Disability Insurance.
Effective January 1, 1999, the Employer agrees to pay the premiums for long term
disability insurance, with a benefit level consistent with that provided non-represented
employees.
ARTICLE 34. DEFINED BENEFIT RETIREMENT PLAN
(a) ELIGIBILITY. The Defined Benefit Retirement Plan is applicable only to unit
members hired on or before January 1, 2006.
(b) TRANSFER TO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM.
Effective January 1, 2006, the assets and liabilities of the City of Muskegon General Employees’
Retirement System associated with Employer employees represented by SEIU Local 517M
(Clerical) shall be transferred to the Municipal Employees Retirement System (MERS).
Employees shall no longer have any rights from claims against or participation in the City of
Muskegon General Employees’ Retirement System.
(c) CONTRIBUTION RATE. Employees shall contribute five percent (5%) of
compensation as defined by MERS.
Page 24
(d) RETIREMENT BENEFIT. An Employee who retires after January 1, 2006 shall
be entitled to a retirement benefit pursuant to the MERS (B-3) Benefit Program. The pension
multiplier shall be 2.25% of final average compensation (MERS FAC-3), not to exceed 80% of
employee’s final average compensation. Effective January 1, 2012, final average compensation
shall not include more than 240 hours of leave time per year and shall not include any overtime
paid on or after January 1, 2012. Employees shall also be entitled to the MERS RS50 spousal
benefit.
An employee who retires on or after January 1, 2019 shall receive a bridged benefit as
follows:
a. A pension multiplier of 2.25% for service prior to January 1, 2019 times the
employee’s :frozen final average compensation”. “Frozen final average compensation” is
defined as the highest compensation in thirty six consecutive months between the date of
hire and December 31, 2018; plus
b. A pension multiplier of 2.0% for service on or after January 1, 2019 times the
employee’s “termination final average compensation”. “Termination final average
compensation” is defined as the highest compensation in thirty six consecutive months
between the date of hire and date of expiration.
(e) DEFERRED RETIREMENT. Effective January 1, 2006, a former Employee who
is vested (MERS V-5) and is entitled to a deferred retirement benefit shall receive those deferred
benefits afforded by MERS. A member who elects to receive a deferred retirement shall receive
the benefit that was in place at the time they left employment.
(f) DISABILITY BENEFITS. Effective January 1, 2006, an Employee eligible for
disability benefits, as determined by MERS, shall receive those disability benefits afforded by
MERS (MERS F55/30).
(g) RETIREMENT ELIGIBILITY. Employees are eligible to retire at age sixty (60)
with ten (10) years of service (MERS F60/10) or at age fifty-five (55) with thirty (30) twenty-
five (25) years of service (MERS F55/3025).
(h) WITHDRAWAL OF EMPLOYEE CONTRIBUTIONS. To the extent allowed
by MERS, an Employee who retires on or after January 1, 2006 may elect to be paid a refund of
the accumulated contributions standing to the member’s credit at the effective date of retirement.
Upon election of this refund provision, the retiree’s MERS pension payment options shall be
reduced by an amount that is actuarially equivalent to the refunded accumulated contributions.
(i) OUTSTANDING SICK LEAVE. Accumulated sick leave hours paid out at
retirement at one-half rate under Section 26(e) will be reclassified as vacation time for purposes
of computing the final average compensation reported to MERS. The maximum number of
reclassified sick leave hours included in the Employer’s FAC computation will be 144 hours.
(j) PURCHASING ADDITIONAL SERVICE CREDIT. To the extent allowed by
MERS, members may purchase additional service credit at actuarial cost.
Page 25
(k) POST-RETIREMENT BENEFIT ESCALATOR. The City Commission will
decide each year whether and to what extent a MERS Flexible E post retirement benefit shall be
given.
ARTICLE 35. DEFERRED COMPENSATION
The employer agrees to match employee contributions to the Internal Revenue
Code Section 457 (Deferred Compensation) retirement plan on a $1 for $1 basis in the amount of
$2000 per employee per year.
ARTICLE 36. DEFINED CONTRIBUTION RETIREMENT PLAN
(a) ELIGIBILITY. The Defined Contribution Retirement Plan shall be available
to all members of this unit that entered the unit after January 1, 2006 and any current employees
who have opted to quit the Defined Benefit Retirement Plan and opted to join the Defined
Contribution Retirement Plan. A decision to opt out of the Defined Benefit Retirement Plan and
to join the Defined Contribution Retirement Plan is irrevocable.
(b) CONTRIBUTIONS. The Employer shall contribute six percent (6%) of
compensation. The member in this plan may make a one-time election at the time of enrollment
to either not contribute or to contribute three percent (3%) of compensation. If the member
elects to contribute, then the Employer shall match that contribution, dollar for dollar.
“Compensation” shall be Medicare taxable wages as reported on the employee’s W-2 Form.
(c) VESTING. Member contributions, including any member contributions
transferred from the Defined Benefit Retirement Plan, shall be fully vested when made.
Employer contributions, including any non-member contribution transferred from the Defined
Benefit Retirement Plan, shall become vested according to the following schedule:
20% after the first full year of service;
40% after the second full year of service;
60% after the third full year of service;
80% after the fourth full year of service; and
100% after the fifth full year of service.
A year of coverage will include time on the Employer’s payroll and a member of
the Defined Benefit Retirement Plan.
Page 26
(d) INTERNAL REVENUE CODE COMPLIANCE. This plan shall fully
comply with all Internal Revenue Code provisions, regulations, and rulings. To the extent that
there is a conflict, the Internal Revenue Code supersedes any collective bargaining agreement
provision.
ARTICLE 37. CONTINUING BENEFITS
Any employee privileges or benefits which were generally in effect prior to the effective
date of this Agreement, which were not changed by this Agreement, will continue in force
throughout the life of the Agreement unless altered by mutual consent of the Employer and the
Union.
ARTICLE 38. DISTRIBUTION OF AGREEMENT/BULLETIN BOARDS
(a) The Employer agrees to make available to each employee a copy of this
Agreement and to provide a copy of the same Agreement to all new employees entering the
employment of the Employer.
(b) The Employer agrees to provide bulletin boards at any Employer building where
Employer employees work. Bulletin boards are for the purpose of posting notices and
information pertaining to Union business.
ARTICLE 39. WORK PERFORMED BY SUPERVISORS
Supervisory employees, as defined by MERC, shall not be permitted to perform work
within the bargaining unit except in cases of emergency arising out of an unforeseen
circumstance which calls for the immediate attention and instruction or training of employees,
including demonstrating the proper method to accomplish the task assigned. This article shall
not apply to confidential employees excluded from this Agreement.
ARTICLE 40. CIVIL SERVICE JURISDICTION
(a) For the duration of this Agreement, Civil Service Rules and Regulations as set
forth in the Charter of the City of Muskegon, applicable to conditions of employment exclusive
of provisions as set forth in this Agreement, shall be recognized as binding and adherent policies
by the Employer and the Union.
(b) It is further agreed that in the event any provision(s) of said Civil Service Rules
and Regulations is declared invalid, unenforceable or non-functional, the parties affected by this
Agreement shall enter into immediate collective bargaining negotiations upon the request of the
Employer or the Union for the purpose of arriving at mutually satisfactory replacements for such
provisions.
Page 27
ARTICLE 41. UNEMPLOYMENT INSURANCE
The Employer agrees to provide unemployment insurance coverage for all employees
under this Agreement.
ARTICLE 42. USE OF TEMPORARY HELP
The employer may use temporary nonbargaining unit individuals as follows:
(a) the names of temporary employees and the departments in which they
work will be provided to the Union on a monthly basis;
(b) an individual temporary employee may fill a position for six (6) months.
At the end of six (6) months, the position may be filled by a different
temporary employee or by a Employer employee;
(c) after a temporary employee has worked for the Employer for six (6)
months, they may not work for the Employer for fifteen (15) calendar
days.
ARTICLE 43. RESIDENCY
The Union acknowledges the Employer’s desire to encourage residency but not require
such for employees of this bargaining unit. Effective after signing the 1999-2002 contract, all
employees who are members of this bargaining unit are free to maintain their residence at any
location and are no longer bound by collective bargaining agreements requiring residency.
Union acknowledges that Employer may adopt, amend, modify or eliminate any
incentive plan to encourage employees to live in the city. For purposes of any incentive,
Employer reserves the right, in its sole discretion, to determine whether an employee is a
resident. The incentives will not eliminate, change or modify any present benefit provided for in
this collective bargaining Agreement.
Bargaining unit members will receive the same residency incentive as non-union
employees.
ARTICLE 44. AFFIRMATIVE ACTION
The Employer and Union agree to reopen negotiations upon notification for the limited
purpose of negotiating an affirmative action plan. The reopened negotiations would be limited to
this issue.
Page 28
ARTICLE 45. UNIFORMS AND DRY CLEANING
ALLOWANCE FOR POLICE CLERKS AND PARKING OFFICERS
For Police Clerks required to wear uniforms, the Employer will purchase uniforms for
employees with a limited maximum expenditure per employee of One Hundred Fifty ($150)
Dollars per year. Newly appointed employees shall be allowed an expenditure of Three Hundred
($300) Dollars in the first twenty-four (24) months of service. Thereafter, the regular fiscal
allowance shall apply on a pro rata basis to the number of months in any fiscal year.
Police Clerks will be allowed an annual dry cleaning allowance of Twenty-five ($25)
Dollars. The dry cleaning allowance will be payable on December 31 for all employees who
have worked that complete year.
Uniform allowance and dry cleaning allowance may not be carried over, except as
provided above, and shall be forfeited if not used. Payment shall be on a pro rata basis if an
employee is not required to wear a uniform the entire year.
Parking officers shall be provided the following:
• Summer footwear and winter boots.
• Pants and shorts.
• Short sleeve and long sleeve shirts.
• Nylon jacket (lightweight).
• Nylon jacket (winterweight).
• Mock turtlenecks.
• Winter hat.
• Ball cap.
• Raincoat.
• Dog spray container.
ARTICLE 46. DRUG AND ALCOHOL TESTING
The parties recognize and support the enactment of the Drug Free Workplace Act of
1988.
Effective January 1, 1996, all employees covered by this contract shall be covered by the
Employer’s Drug and Alcohol Policy. Drug testing will be applied as provided for in
Appendix E. Random drug testing will apply only to employees in positions requiring a
commercial drivers license.
ARTICLE 47. WAGE AND SALARY SCHEDULE
(a) Appendix A. A wage and salary agreement set forth in Appendix A shall be
observed during the term of this Agreement. Appendix A shall reflect, an 8% increase for 2024,
a 6% increase for 2025, a 5% increase for 2026, and a 4% increase for 2027. A Step 10 shall be
created with a commensurate 3% wage increase.
Page 29
Pursuant to MCL § 423.251b, after the expiration date of a collective bargaining agreement and
until a successor collective bargaining agreement is in place, a public employer shall pay and
provide wages and benefits at levels and amounts that are no greater than those in effect on the
expiration date of the collective bargaining agreement. Accordingly, there will be no retro pay.
(b) Merit Pay Plan. Every employee covered by this Agreement shall each year be
evaluated by the Supervisor or Department Head using the current performance evaluation form
provided by the Civil Service Commission. Progression from one step to the next higher step
shall occur on the first day of the pay period commencing closest to July 1 of each year.
Progression from Step 1 through Step 4 shall occur if, and only if, the employee receives a score
of average or better on the performance evaluation form, i.e., if the performance evaluation form
is a five (5) point scale, the employee must receive a three (3) or higher to move to the next step.
After reaching Step 4, progression from one step to the next higher step shall occur
automatically. Employer may, at its sole discretion, start new hires up to a step three (3) and may
award merit increases up to step four (4).
When a step increase is not granted, the employee's supervisor shall notify the
employee of such action and shall inform the employee of the reason prior to July 1. Failure to
provide such notice shall not entitle the employee to the step increase. When a step increase is
not granted, the employee shall have until October 1 as a probationary period for purposes of
obtaining a merit pay increase. On October 1, the employee’s supervisor may review the initial
decision and shall inform the employee of their decision to grant or deny the merit pay increase.
An employee who is not granted a step increase may appeal that decision to the City Manager or
their delegate, but is not subject to the grievance procedure.
Effective July 1, 2003, in addition to the above possible increase on July 1, there
shall be an automatic step increase upon passing probation.
(c) Direct Deposit. All payment shall be by full direct deposit of bi-weekly pay,
including overtime payments.
(d) Bi-Lingual Payment. Bi-lingual (including sign language) employees, will
receive an annual payment of Four Hundred and Fifty Dollars ($450.00) payable at the end of
each calendar year. The payment is made as compensation for acting as a translator for the
Employer. Such service performed by the employee will be limited to within City buildings,
unless the employee consents to leave City buildings. If at some point such service ceases, so
does the obligation to make the annual payment.
Page 30
ARTICLE 48. UNION CONFERENCES
The Employer shall establish a bank of thirty-two (32) hours per calendar year for the
purpose of allowing union representatives to attend union conferences. No more than two SEIU
representatives may use this bank per day. When the Union requests that employees attend
union conferences, the employees shall receive compensation from this account. SEIU shall
provide the Employer with the names of attending employees and the dates of conferences at
least three (3) weeks prior to the meeting date. The Employer reserves the right to refuse
attendance based upon weather conditions, staffing requirements, or other factors that would
require the individual to perform their normal Employer duties. Upon completion of the
conference, the Union shall reimburse the Employer for the hours deducted from the Union bank.
The Employer will charge the actual salary expense plus the cost of fringe benefits for the
attending employee. The Employer shall be reimbursed either by check issued by the SEIU or
by an offset of the union dues to be forwarded by the Employer to the SEIU. Deductions from
the Union bank may be in increments of no less than eight (8) hours. Any time in the bank not
spent by midnight on December 31 shall be lost. At 12:01 a.m. on January 1 of each year the
time in the bank shall be increased to 32 hours.
ARTICLE 49. MISCELLANEOUS
(a) Each non-resident employee covered by this Agreement shall be provided two (2) Non-
Resident Seasonal Beach Parking passes every year. Each resident employee covered by
this Agreement is entitled to receive a maximum of two (2) Resident Seasonal Beach
Parking passes per year, including any passes granted based on their residency.
(b) The Employer will continue its practice of notifying the Union of new employees each
pay period. Each year, the Employer will share with the Union a schedule of the
Employer’s new employee orientation sessions. The Union will be provided thirty (30)
minutes after each orientation session to meet with prospective members.
ARTICLE 50. APPENDIXES
The following appendixes are incorporated and made a part of this Agreement:
Appendix A - Classification and Rates
Appendix B - Longevity
Appendix C - Insurance Benefit Summary
Appendix D - Part-Time Employees
Appendix E - Drug and Alcohol Testing
ARTICLE 51. SUCCESSOR CLAUSE
This Agreement shall be binding upon the Employer's successors.
Page 31
ARTICLE 52. TERMINATION AND MODIFICATION
This Agreement shall continue in full force and effect until 11:59 p.m. December 31,
2027.
(a) If either party desires to amend and/or terminate this Agreement, it shall, sixty
(60) days prior to the above termination date, give written notification of same.
(b) If neither party shall give such notice, this Agreement shall continue in effect
from year to year thereafter, subject to notice of amendment or termination by either party, on
sixty (60) days' written notice prior to the current year's termination date.
(c) If notice of amendment of this Agreement has been given in accordance with the
above paragraphs, this Agreement may be terminated by either party on ten (10) days' written
notice of termination.
(d) Any amendments that may be agreed upon shall become and be a part of this
Agreement without modifying or changing any of the other terms of this Agreement.
(e) It is acknowledged that during the negotiations which resulted in the agreement,
both the Union and Employer had unlimited right and opportunity to make demands and
proposals with respect to all proper subjects of collective bargaining. Therefore, for the life of
this Agreement, both the Union and the Employer agree that both parties shall not be obligated,
unless by mutual agreement, to bargain collectively with respect to any subject or matter
not specifically referred to or covered in this Agreement.
(f) If during the life of the Collective Bargaining Agreement, the Civil Service
Commission is no longer recognized by the Employer, the Union and Employer will renegotiate
any affected articles addressing the Civil Service Commission.
(g) Notice of Termination or Modification. Notice shall be in writing and shall be
sufficient if sent by certified mail, addressed to the Union, to: Service Employees International
Union, Local 517M, 118 W. Maple Street, Wayland, MI 49348; and, if to the Employer,
addressed to: City of Muskegon, City Hall, P.O. Box 536, Muskegon, MI 49443; or, to any
such address as the Union or the Employer may make available to each other.
ARTICLE 53 – EMERGENCY MANAGER
Pursuant to the Local Government and School District Fiscal Accountability Act (“Act”), MCL §
141.1501 et. seq., an emergency manager may be appointed and they shall be allowed to reject,
modify or terminate this collective bargaining agreement as provided for in the Act.
Page 32
APPENDIX A
WAGE AND SALARY SCHEDULE
2024
POSITION 8% 1 2 3 4 5 6 7 8 9 10
Clerical 12
Customer Service Representative hourly rate $ 18.58 $ 19.09 $ 19.61 $ 20.12 $ 20.64 $ 21.55 $ 22.10 $ 22.77 $ 23.45 $ 24.15
Parking Officer annual rate $ 38,641.18 $ 39,713.77 $ 40,787.63 $ 41,857.71 $ 42,930.30 $ 44,834.12 $ 45,975.06 $ 47,354.31 $ 48,774.94 $ 50,238.19
Clerical 3
Community/Neighborhood Services Technician hourly rate $ 21.87 $ 22.48 $ 23.08 $ 23.69 $ 24.30 $ 24.79 $ 25.27 $ 26.03 $ 26.81 $ 27.61
Housing Project Coordinator annual rate $ 45,493.78 $ 46,755.35 $ 48,015.95 $ 49,284.49 $ 50,547.25 $ 51,567.52 $ 52,557.09 $ 54,133.80 $ 55,757.82 $ 57,430.55
Housing Rehabilitation Counselor
Permit Technician
Section 8 Coordinator
Tennant Affairs Specialist
Clerical 2
Family Self-Sufficiency Coordinator hourly rate $ 22.96 $ 23.59 $ 24.23 $ 24.87 $ 25.51 $ 25.99 $ 26.47 $ 27.27 $ 28.08 $ 28.93
Rehabilitation Grant Specialist annual rate $ 47,750.87 $ 49,073.83 $ 50,401.35 $ 51,726.72 $ 53,055.45 $ 54,049.78 $ 55,060.96 $ 56,712.79 $ 58,414.17 $ 60,166.59
Clerical 1
Community Development Specialist hourly rate $ 24.41 $ 25.09 $ 26.18 $ 26.45 $ 27.12 $ 27.61 $ 28.09 $ 28.93 $ 29.80 $ 30.70
FOIA Specialist annual rate $ 50,775.25 $ 52,188.49 $ 54,447.02 $ 55,005.83 $ 56,419.06 $ 57,420.37 $ 58,431.54 $ 60,184.49 $ 61,990.02 $ 63,849.72
2025
POSITION 6% 1 2 3 4 5 6 7 8 9 10
Clerical 12
Customer Service Representative hourly rate $ 19.69 $ 20.24 $ 20.79 $ 21.33 $ 21.88 $ 22.85 $ 23.43 $ 24.13 $ 24.86 $ 25.60
Parking Officer annual rate $ 40,959.65 $ 42,096.60 $ 43,234.88 $ 44,369.17 $ 45,506.12 $ 47,524.16 $ 48,733.56 $ 50,195.56 $ 51,701.43 $ 53,252.48
Clerical 3
Community/Neighborhood Services Technician hourly rate $ 23.18 $ 23.83 $ 24.47 $ 25.12 $ 25.76 $ 26.28 $ 26.78 $ 27.59 $ 28.42 $ 29.27
Housing Project Coordinator annual rate $ 48,223.41 $ 49,560.67 $ 50,896.90 $ 52,241.56 $ 53,580.09 $ 54,661.57 $ 55,710.51 $ 57,381.83 $ 59,103.29 $ 60,876.39
Housing Rehabilitation Counselor
Permit Technician
Section 8 Coordinator
Tennant Affairs Specialist
Clerical 2
Family Self-Sufficiency Coordinator hourly rate $ 24.33 $ 25.01 $ 25.69 $ 26.36 $ 27.04 $ 27.54 $ 28.06 $ 28.90 $ 29.77 $ 30.66
Rehabilitation Grant Specialist annual rate $ 50,615.92 $ 52,018.26 $ 53,425.43 $ 54,830.32 $ 56,238.78 $ 57,292.76 $ 58,364.62 $ 60,115.55 $ 61,919.02 $ 63,776.59
Clerical 1
Community Development Specialist hourly rate $ 25.88 $ 26.60 $ 27.75 $ 28.03 $ 28.75 $ 29.26 $ 29.78 $ 30.67 $ 31.59 $ 32.54
FOIA Specialist annual rate $ 53,821.76 $ 55,319.80 $ 57,713.84 $ 58,306.18 $ 59,804.20 $ 60,865.59 $ 61,937.43 $ 63,795.56 $ 65,709.43 $ 67,680.71
2026
POSITION 5% 1 2 3 4 5 6 7 8 9 10
Clerical 12
Customer Service Representative hourly rate $ 20.68 $ 21.25 $ 21.83 $ 22.40 $ 22.97 $ 23.99 $ 24.60 $ 25.34 $ 26.10 $ 26.88
Parking Officer annual rate $ 43,007.63 $ 44,201.43 $ 45,396.63 $ 46,587.63 $ 47,781.43 $ 49,900.37 $ 51,170.24 $ 52,705.34 $ 54,286.51 $ 55,915.10
Clerical 3
Community/Neighborhood Services Technician hourly rate $ 24.34 $ 25.02 $ 25.69 $ 26.37 $ 27.05 $ 27.59 $ 28.12 $ 28.97 $ 29.84 $ 30.73
Housing Project Coordinator annual rate $ 50,634.58 $ 52,038.70 $ 53,441.75 $ 54,853.64 $ 56,259.09 $ 57,394.65 $ 58,496.04 $ 60,250.92 $ 62,058.45 $ 63,920.21
Housing Rehabilitation Counselor
Permit Technician
Section 8 Coordinator
Tennant Affairs Specialist
Clerical 2
Family Self-Sufficiency Coordinator hourly rate $ 25.55 $ 26.26 $ 26.97 $ 27.68 $ 28.39 $ 28.92 $ 29.46 $ 30.35 $ 31.26 $ 32.19
Rehabilitation Grant Specialist annual rate $ 53,146.72 $ 54,619.17 $ 56,096.71 $ 57,571.84 $ 59,050.72 $ 60,157.40 $ 61,282.85 $ 63,121.33 $ 65,014.97 $ 66,965.41
Clerical 1
Community Development Specialist hourly rate $ 27.17 $ 27.93 $ 29.13 $ 29.43 $ 30.19 $ 30.73 $ 31.27 $ 32.20 $ 33.17 $ 34.17
FOIA Specialist annual rate $ 56,512.85 $ 58,085.79 $ 60,599.54 $ 61,221.48 $ 62,794.41 $ 63,908.87 $ 65,034.31 $ 66,985.34 $ 68,994.90 $ 71,064.74
2027
POSITION 4% 1 2 3 4 5 6 7 8 9 10
Clerical 12
Customer Service Representative hourly rate $ 21.50 $ 22.10 $ 22.70 $ 23.29 $ 23.89 $ 24.95 $ 25.59 $ 26.35 $ 27.14 $ 27.96
Parking Officer annual rate $ 44,727.94 $ 45,969.48 $ 47,212.49 $ 48,451.14 $ 49,692.68 $ 51,896.39 $ 53,217.05 $ 54,813.56 $ 56,457.97 $ 58,151.71
Clerical 3
Community/Neighborhood Services Technician hourly rate $ 25.32 $ 26.02 $ 26.72 $ 27.43 $ 28.13 $ 28.70 $ 29.25 $ 30.13 $ 31.03 $ 31.96
Housing Project Coordinator annual rate $ 52,659.96 $ 54,120.25 $ 55,579.42 $ 57,047.79 $ 58,509.45 $ 59,690.43 $ 60,835.88 $ 62,660.96 $ 64,540.79 $ 66,477.01
Housing Rehabilitation Counselor
Permit Technician
Section 8 Coordinator
Tennant Affairs Specialist
Clerical 2
Family Self-Sufficiency Coordinator hourly rate $ 26.57 $ 27.31 $ 28.05 $ 28.79 $ 29.53 $ 30.08 $ 30.64 $ 31.56 $ 32.51 $ 33.48
Rehabilitation Grant Specialist annual rate $ 55,272.59 $ 56,803.94 $ 58,340.57 $ 59,874.71 $ 61,412.75 $ 62,563.70 $ 63,734.16 $ 65,646.19 $ 67,615.56 $ 69,644.03
Clerical 1
Community Development Specialist hourly rate $ 28.26 $ 29.04 $ 30.30 $ 30.61 $ 31.40 $ 31.95 $ 32.52 $ 33.49 $ 34.50 $ 35.53
FOIA Specialist annual rate $ 58,773.37 $ 60,409.23 $ 63,023.52 $ 63,670.34 $ 65,306.19 $ 66,465.23 $ 67,635.68 $ 69,664.75 $ 71,754.69 $ 73,907.33
APPENDIX B
LONGEVITY PAY PLAN RULES AND REGULATIONS
1. Effective January 1, 2003, semi-annual longevity payments shall be paid in June and
December using the following formula:
2% of Base Pay after 5 years of service
4% of Base Pay after 10 years of service
6% of Base Pay after 15 years of service
8% of Base Pay after 20 years of service
10% of Base Pay after 25 years of service
2. Base Pay shall be equal to the lesser of actual annual gross salary or $15,000.
3. All employees with five (5) years or more of service on June 1, 1957, will be eligible for
longevity pay.
4. Employees with leaves of absences or a break in continuous service prior to January 1,
1957, will be regarded as continuous employees for longevity pay purposes. Anyone
whose employment with the Employer has been terminated after January 1, 1957, or who
is not on the payroll as of January 1, 1957, will be considered as a new employee should
they return.
4a. Persons reinstated after a break in service will be granted their prior longevity status
minus their last five (5) years accumulation upon re-employment. Each additional year
of service after re-employment is to be added to this reduced credit for the next longevity
increment. (Amended on February 11, 1969.)
4b. Any employee receiving benefits from a City of Muskegon Retirement system shall not
be entitled to longevity pay service credit for time worked prior to receiving their first
pension benefit. (Amended on February 24, 1976.)
5a. Any employee who reaches 5, 10, 15, 20, or 25 years of service on or before June 30, and
is on the payroll as of June 1st will be eligible for one-half the longevity payment in June
and each successive semi-annual payment in December and June thereafter.
5b. Any employee who reaches 5, 10, 15, 20 or 25 years of service on or before December
31, and is on the payroll as of December 1st will receive one-half the longevity payment
in December and each successive semi-annual payment thereafter.
6. During the calendar year in which an employee retires under one of the Employer’s
retirement plans, they shall be entitled to receive, at the time of the semi-annual payment
of longevity, a pro-rated portion of their longevity pay based on days worked. (Amended
on March 22, 1960.)
7. All compensation for employees is subject to deduction for income tax, retirement, and
social security benefits. (Police and Firemen excluded from social security deductions.)
8. Longevity will not accrue during unpaid leave of absence in excess of thirty (30) days.
9. Longevity shall not be accrued, accumulated or paid to an employee for any time when
the employee has not worked.
Longevity rules adopted May 14, 1957 57-322
Amendment adopted March 22, 1960 60-133
Amendment adopted February 11, 1969 69-80
Amendment adopted February 24, 1976 76-76
APPENDIX C
MEMORANDUM OF AGREEMENT
PART-TIME EMPLOYEES
DEFINITION
A part-time employee is an employee who is employed by the Employer on a regular basis and
whose normal work schedule usually consists of less that 37.5 hours and more than 18.75 hours
in a work week on a continuous basis.
WAGES & BENEFITS
1. The hourly rate for part-time employees will be based on the annual rate for their
classification, as provided in Appendix A, divided by Two Thousand Eighty (2,080)
hours.
2. Part-time employees will receive step increases based on the time in the position.
3. Sick leave and vacation will be accrued on a prorated basis according to the actual time
worked.
4. Each employee shall be entitled to two (2) Personal Leave days per year.
5. No other benefits will accrue to part-time employees.
6. Part-time employee shall be entitled to holiday pay on a prorated basis.
MISCELLANEOUS
1. There shall be at least a fourteen (14) day notification of a substantial change in the work
schedule of a part-time employee.
2. Current employees in the same or higher classifications will have the opportunity to
submit a transfer request for part-time positions when they become available.
APPENDIX D
DRUG AND ALCOHOL POLICY
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
ADMINISTRATIVE REGULATIONS GOVERNING
DRUG AND ALCOHOL USE AND ABUSE
I – PURPOSE
The City of Muskegon is dedicated to the well-being and safety of our employees, and the
community we serve. We’re also committed to the successful operation of our city for its
citizens. We’re committed to improving employee productivity and in servicing the needs and
demands of our employees and residents.
We abide by the Federal Drug Free Workplace Act of 1988 (§4804 of the Anti-drug Abuse Act of
1988). We must comply with the regulations of the Federal Highway Administration, Department
of Transportation (DOT) Qualification of Drivers and Procedures for Transportation Workers Drug
Testing Programs (49 CFR, Part 40 and 382).1 We’re also covered by the Americans with
Disabilities Act (Public Law 101-336, July 1990). Finally, we must comply with Michigan’s Motor
Carrier Safety Act No. 339 of 1990 (MCL 480.11) and all revisions to that act, specifically, public
Act No. 100 of 1991.
In the City of Muskegon, we’re striving to provide a working environment that is free from the
unlawful or illegal consuming, growing, producing, giving, sharing, possessing, selling,
manufacturing, or transporting of any controlled or illegal substance.
We are, therefore, setting up these regulations based upon the federal regulations governing
the use and abuses of alcohol and/or illegal or otherwise, controlled substances in our
workplace.
II –POLICY
A. ILLEGAL AND UNAUTHORIZED DRUGS: The City of Muskegon attempts to provide a drug
free, healthful, safe and secure working environment.2 None of our employees will
report to work displaying the effects of illegal, illicit, controlled or unauthorized drugs. No
employee will take, make, sell, give, transport or possess a controlled or illegal substance
listed within the context of the Controlled Substance Act (CSA). This specifically includes
all Schedule I. and II. substances as well as Schedule III. through V. Substances being
used or possessed without approval or authorization.
B. CONTROLLED SUBSTANCE LEVELS: All substance testing will be accomplished according
to the guidelines established by the U.S. Department of Health and Human Services and
the Department of Transportation, 49 CFR Parts 40, 382 and 391.3 Testing is required for
the following five substances, the use of which we consider unacceptable in our business
environment.
1. Amphetamines: (Cutoff level of 1,000 NG/ml)
a. Amphetamine confirmatory level of 500 NG/ml)
b. Methamphetamine confirmatory testing levels of 500 NG/ml
2. Cocaine: (Cutoff level of 300 NG/ml)
a. Metabolite confirmatory levels of 150 NG/ml
b. Benzoylecgonine
3. Marijuana: (Cutoff level of 50 NG/ml)
a. Metabolite Confirmatory level of 15 NG/ml
b. Delta-9-tetrahydrocannabinol
1 49 CFR, Part 382, § 107
2 49 CFR, § 382.103(a)
3 49 CFR, Part 40, § 40.29(e)
1
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
4. Opiates: (Cutoff level of 300* NG/ml)
a. 25 NG/ml if immunoassay specific for free morphine
b. Morphine confirmatory levels of 300 NG/ml
c. Codeine confirmatory levels of 300 NG/ml
5. Phencyclidine: (Cutoff level of 25 NG/ml)
a. Metabolite confirmatory level of 25 NG/ml)
6. Test Use: Any urine specimens collected may only be used to test for controlled
substances designated or approved for testing and shall not be used to conduct any
other analysis or test unless otherwise specifically authorized by FHWA regulations.
Always, the Chain of Custody will show the test required.4
a. Split Samples5 : The specimen collected must consist of not less than 45 milliliters
of urine, 30 of which are poured into a container for initial testing and 15 ml of
which will be poured into a second container for storage by the testing
laboratory for not less than 60 days from receipt of both specimens by the lab.
b. The split sample confirms contested positive test results if the primary sample
shows a positive test result. The split sample will result in a negative report if it
overturns a previously reported positive test.
c. Further, our program does not prohibit procedures incidental to an analysis of the
specimen for controlled substances.
C. ALCOHOLIC BEVERAGES: The use of alcoholic beverages by employees affects safe
and efficient operations. No employee will use or possess alcoholic beverages during
working hours.6 Further, no employee shall report to work while under the influence of
alcoholic beverages, displaying the effects of having used alcohol, or within four (4)
hours of having used alcohol.7
1. The odor of alcohol on any employee’s breath is reason for us to believe that the
employee has used and may be under the influence of alcohol. Any employee who
engages in such conduct may be subject to discipline, up to and including
immediate termination. Termination action, under these administrative regulations
will be initiated when:
a. An employee refuses to submit to a required preliminary breath test (PBT)
followed by an evidential breath test (EBT) or any other DOT-approved test to
measure the extent and level of alcohol within a worker’s body.8
b. An employee tests above .04 percent Breath Alcohol Level (BAL) and refuses
assessment or fails to complete the treatment plan prescribed by the assessment
professional.
c. Tests above .07 percent BAL while reporting for duty, while on duty, or within eight
(8) hours following a reportable accident.
D. NOTIFICATION OF CRIMINAL CONVICTION: All employees will notify the City of Muskegon
of any criminal drug statute conviction.
4 49 CFR, §391.93
5 49 CFR, Part 40, § 40.25 (B) (1)
6 49 CFR, § 382.205
7 49 CFR, § 382.207
8 49 CFR, §382.211
2
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
E. NOTIFICATION OF CIVIL OR CRIMINAL DRIVING INFRACTION CONVICTIONS: Likewise, any
and all employees will notify the City of Muskegon of any civil or criminal driving
conviction resulting from an arrest for impaired driving or operating under the influence
moving violation or related offense.
1. The employee must notify their immediate supervisor, in writing, of any such
conviction for drug or alcohol within twenty-four (24) hours of the conviction. The
immediate supervisor will report the incident to the Human Resources Department of
the City of Muskegon. Such convictions include:
a. Refusal to submit to chemical test (Michigan Implied Consent Law).
b. Operating with an unlawful blood alcohol level (UBAL) of .10 percent or more
c. Operating under the influence of liquor (OUIL).
d. Operating under the influence of drugs (OUID).
e. Operating while impaired (OWI) by alcohol and/or other drugs.
2. This provision also requires each employee to notify the City of Muskegon, in writing,
within twenty-four hours or by the end of the next business day of any such action
involving:
a. Any license suspension or revocation.
b. Any cancellation, lost privilege or disqualification.
F. AMNESTY AGREEMENT: It is not the intent of the City of Muskegon to cause undue
hardships, prolong suffering caused by addiction or dependence to controlled
substances or alcohol, or invoke unreasonable disciplinary action. We are urging any of
our employees who may have a problem to come forward before the first testing takes
place. Those who voluntarily come forward can expect:
1. COMPLETE and total confidentiality, and
2. Prompt referrals to certified and licensed substance abuse professionals capable of:
a. Providing accurate and clinically sound assessments.
b. Referrals to licensed and experienced employee assistance providers, and
3. REASONABLE EXPECTATIONS of return to duty provided:
a. All terms and conditions of any treatment plan are fully met, and
b. The employee is capable of holding a current license allowing them to retain
employment in that classification, and
c. Is not medically disqualified from operating any commercial motor vehicle (CMV).
4. ANY EMPLOYEE failing to meet any of the stipulations contained in the preceding
paragraph can expect appropriate levels of disciplinary action up to and including
termination of employment.
5. EMPLOYEE FAILING to come forward under this last chance agreement and who are
found to have a positive test under the provisions of Part III (following) of these
regulations can expect to be subjected to the appropriate levels of discipline.
III –DRUG AND ALCOHOL SCREENING:
All substance testing will be done by a reliable hospital or independent laboratory using
qualified and trained medical technicians or professionals.
A. EMPLOYEES will be transported to and from the collection site in all cases involving
reasonable suspicion, cause or post-accident testing.
3
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
1. The employee’s department head will make final determination whether to suspend
employees or not, and/or with or without pay.
2. Should the tests prove negative, the employee will be returned to work without.
discipline or loss of pay. Positive testing of drug or alcohol use or abuse or refusal to
submit to this testing can be grounds for discipline up to and including termination.
B. OFF DUTY ALCOHOL USE: No City employee engaged in operating a commercial motor
vehicle will consume any alcoholic beverage within four (4) hours of expected starting
time or beginning a safety-sensitive function.9
1. ANY EMPLOYEE called to work and having consumed alcohol within the four (4) hour
period will advise their supervisor or dispatcher they are unable to report to work.
2. BREATH ALCOHOL LEVEL OF .02 TO .04 PERCENT: Federal Motor Carrier Safety
Regulation (FMCSR) 392.5 A person, whether licensed or not, whose breath contains
.02 percent or more but less than .04 percent by weight of alcohol shall not operate
a commercial motor vehicle within the State of Michigan. Any operator found
operating a commercial motor vehicle in this condition is subject to suspension up to
and including termination.
a. Any vehicle or equipment being operated by an employee testing positive for
alcohol use to these levels will be shut down, locked, secured, or otherwise
locked-out and tagged-out until a designated representative of the City can
retrieve the vehicle and/or equipment.
b. Any employee found to have violated the mandatory twenty-four (24) hour
stand down order will be considered violating these regulations and appropriate
disciplinary action can be taken.
c. Any employees who operate a publicly-owned commercial motor vehicle
violating law enforcement imposed out-of-service order may be guilty of a
misdemeanor and may have their CDL suspended for (1) year. Such an action
would disqualify that employee from continued employment as a driver.
d. Any employee refusing to submit to a Preliminary Breath Test (PBT) for cause or
whose breath alcohol level measures .02 percent or more but less than .04
percent as measured by a PBT and confirmed by an Evidential Breath Test (EBT)
will be suspended for 24 hours.
The employee who refuses to submit to PBT or EBT and was operating a
commercial motor vehicle will be considered to have a BAL. of above .04
percent and is medically disqualified from operating a commercial motor
vehicle until they can successfully pass a chemical analysis of breath and submit
to an assessment by a licensed substance abuse professional.
(i). Under the terms of 49 CFR, part 382, subpart A, 382211, No employer shall
allow a driver who refuses to submit to a required alcohol or controlled
substance test to perform or continue to do safety-sensitive functions.
9 49 CFR, Part 382, §382.207
4
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
IV- EMPLOYMENT CONSIDERATION TESTING10:
All regulated (safety-sensitive) applicants must submit to and pass a urine drug screening test to
be considered for employment.
A. POST-OFFER CANDIDATES: All other job candidates, if appropriate, will submit to, and
pass a urine drug screen.
1. An applicant who has received a firm job offer is cautioned against giving notice at
their current position, selling real estate, or incurring other costs associated with
accepting employment with the City of Muskegon until drug screening testing
clearance has been received. Under no circumstances should a new employee
report for work until clearance is received by the City.
2. If an applicant protests a positive urine drug test screening result, the City may
exercise its discretion to allow the applicant to submit the split sample portion of the
original specimen, immediately and without prior notice, for testing. An applicant
who refuses screening will be denied any further consideration.
3. If the split-sample urine drug screen test is requested, the applicant will pay for the
test. If the split sample test is reported as a negative, the employee will be
reimbursed for the cost of the split sample test. If the split sample test results overturn
a first test positive, the test will be considered a negative and a copy of the second
test results will be placed in the employee’s drivers or personnel file and a copy
provided to the employee or applicant.
V – REASONABLE SUSPICION OR FOR CAUSE TESTING:
Any employee whose performance suggests that they are unfit for duty and are possibly using
or abusing drugs or alcohol will be subject to a drug or alcohol screening test.11
A. REASONABLE SUSPICION: For the purposes of our regulations, the term “reasonable
suspicion” applies to only testing for controlled substances. The tern, “reasonable
cause”, applies to testing for consumption and use of alcohol.
B. JUSTIFICATION OF REASONABLE SUSPICION TESTING: A trained supervisor may insist on a
reasonable suspicion drug or reasonable cause alcohol test any time he or she has a
valid and supportable reason to believe that the employee’s actions, behavior,
appearance or symptoms suggest the use or abuse or illegal or unauthorized drugs
and/or alcohol. The trained supervisor must document incidents of reasonable
suspicion (for cause) and the justification should include two or more of the indicators
contained on the Supervisor’s Incident Report (AD-102) and as outlined in Paragraph C
of this section except reportable accidents.
1. A trained supervisor is one who has received not less than 60 minutes of initial
training in detecting the signs and symptom of drug use and 60 minutes in detecting
the signs and symptoms of alcohol use and abuse.12
10 49 CFR, Part 382, Subpart C, §382.301
11 §382.307
12 49 CFR, Part 382, Subpart C, §382.307 and Subpart F, §382.603
5
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
2. Where possible and practicable, the supervisor making the initial observation shall
enlist the assistance of another trained supervisor to confirm their observations within
the expectation of employee privacy and confidentiality.
a. In cases where it is not possible to obtain eyewitness support, the supervisor may
obtain telephonic or electronic confirmation of his or her observations.
C. DRUG OR ALCOHOL SCREENING TESTS: Approved tests will be required of a specific
employee, or group of employees, anytime the City, based upon the observations of a
trained supervisor, thinks that such testing may be appropriate, including, but not limited
to the following:13
1. Employee absenteeism or tardiness
2. Accident investigation
3. Unexplained deterioration of individual job performance
4. A significant change in the individual’s personality
5. Reports that an individual employee, or groups of employees, have been using
drugs or alcohol violating this policy.
6. Admission regarding the employee’s use of drugs or alcohol.
7. Unexplained absences from the normal workplace when there is reason to suspect
drug or alcohol-related activity violating this policy
8. Smell or odor suggesting the presence of drugs or alcohol.
9. Behavior suggesting the employee is under the influence of drugs or alcohol.
10. Safety violation including injuries.
VI - POST-ACCIDENT TESTING:
Any employee involved in a reportable vehicle accident14 while operating any vehicle owned
or operated by the City of Muskegon may be required to submit to a urine drug screen or
Evidential Breath Test. By definition, the City of Muskegon considers an accident reportable
when:
A. ACCIDENT: An accident resulted in personal injury requiring medical attention15, or
B. CITATION: An employee was cited by an investigating law enforcement agency,16, or
C. Any vehicle or heavy equipment involved in the accident is unable to be driven from the
scene under its own power.17
VII – RANDOM AND PERIODIC SELECTION: (CDL’s only)
A. RANDOM SELECTION: All CDL employees will be included in casual selections of
employees to undergo unannounced urine drug screens and alcohol tests. Such casual
selections are called random tests and selection will be conducted from a pool of eligible
workers employed by the City.18 Selection will be based upon:
1. Regulated Selection: A casual or random draw of the selected employees from a
pool containing the last four digits of employee social security numbers of all
regulated employees.
13 §382.307 (a) (b) (c) 9d)
14 §382.303
15 City of Muskegon Work Rule
16 49 CFR, Part 382, Subpart C, §382.303 (a) (2) and (b) (2)
17 City of Muskegon Work Rule
18 §382.305 (e) (f)
6
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
a. Random Drug Tests will equal not less than 50 percent of all employees listed within
the pool in a calendar year.19
b. Random Alcohol Tests will equal not less than 25 percent of all employees listed
within the pool for at least the first year of operation.
c. Random alcohol tests may be selected from those to participate in the drug
screen random selection provided;
(i.) Each employee within the pool has an equal chance of being selected for
either or both tests.
(ii.) If industry wide positive levels exceed more than one (1) percent for two
years running, the random alcohol testing rate will increase to fifty (50)
percent.
(iii.) If industry wide levels fall below one (1) percent positives for two years
running, the random alcohol rate will fall to ten (10) percent.
VII – TEST LEVELS
For the purposes of these regulations, any employee will be considered to have failed (with a
positive test result) any administered urine drug screen if, after analysis, test levels exceed the
established cut-off levels and show the use of a controlled substance included in Schedule I or II
as defined by §802(6) of Title 21 of the United States Code (Section §802(6) of Title 21, Food &
Drugs): the possession of which is unlawful under Chapter 13 of that title (§801 et seq. of Title 21).
The term illegal drug does not mean the use of a controlled substance pursuant to a valid
prescription of other uses authorized by law. Valid prescriptions used following the physician’s
instructions must be recorded and treated as negative test results.
IX – CONFIDENTIALITY
All actions taken by the City of Muskegon under the authority of these regulations will be taken to
insure the confidentiality of the employees.20 Information related to investigations, possible
employee violations, or drug or alcohol screening tests results will be made available only on a
strict “need-to-know” basis.
A. NEED-TO-KNOW: For the purposes of our regulations, “need to know” is limited to:
1. Auditors or Enforcement Officials of the U.S. Department of Transportation,
Department of Transportation, Motor Carrier Division of the Michigan State Police, or
2. The regulation administrator’s principal, Specialists Limited, or
3. The appropriate level of management of the Human Resources Department of the
City of Muskegon, the City Manager and appropriate department heads, or
4. The Medical Review Officer (MRO) responsible for interpreting the results of a urine
drug screen, or
5. The Substance Abuse Professional (SAP) responsible for learning the extent and
degree of addiction or dependence on alcohol and drug resulting from a positive
alcohol EBT.
B. CONFIDENTIAL DISCUSSIONS: All discussions with employees will be conducted as
privately as circumstances permit. The employee may exercise his rights under the terms
of the collective bargaining agreement to have his or her union representative present if
they so desire. The union representative is bound by the same rules of confidentiality as
those with a need-to-know as shown in Paragraph A., parts 1 through 7 (above).
19 §382.305 (g)
20 49 CFR, Part 382, Subpart D. §382.401
7
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
X – SUSPENSIONS
Any employee, support person, supervisor, or administrator who is sent for an illegal drug or
alcohol test, may be suspended immediately21 (with pay). However, once a test is positive, then
appropriate actions will be taken. Successful completion of a voluntary, supervised substance
abuse treatment or rehabilitation program will reduce the level of disciplinary action for first time
offenders.
A. POSITIVE TEST RESULTS: If, first positive test with rehabilitation, there will be no termination;
second positive within 18 months may terminate; second positive within 18 months may
terminate; second positive after 2 years, there will be no termination; third positive any
time, will constitute termination.
XI – EMPLOYEE ASSISTANCE
The City of Muskegon actively supports the Employee Assistance concept.22 This program openly
promotes the treatment of employees suffering from addiction or abuse problems. As a matter
of policy, we provide our employees, support personnel, supervisors and administrators with
information regularly. This information will include dangers of abuse, awareness, community and
professional efforts and community or private treatment availability. We cannot, however,
financially support an employee who voluntarily submits to treatment beyond the benefits
normally provided by virtue of our existing health care program, medical insurance or employee
assistance program.
A. SUBSTANCE ABUSE ASSESSMENTS: Employees testing positively for alcohol use following an
Evidential Breath Test will be afforded the opportunity to undergo an assessment by a
licensed and certified Substance Abuse Professional.23 The SAP will be trained at minimum
to the level of MSW (Masters of Social Work) and preferably be a Clinical Psychologist.
B. THE SUBSTANCE ABUSE PROFESSIONAL (SAP) may prescribe a treatment or rehabilitation
program for a positive tested employee following the initial assessment.
1. A positively tested employee refusing assessment may be terminated from continuing
employment.
2. A positively tested employee failing to complete the prescribed treatment plan may
be terminated from continuing employment
3. A positively tested employee testing positive following treatment may be terminated
from continuing employment.
4. Frequently, assessments to find an employee’s level of addiction or dependency is
covered by our existing health care benefit package and we encourage our
employees to seek out assistance whenever and wherever possible.
5. The Substance Abuse Professional may not refer the driver to the SAP’s private
practice.24
C. REFERRALS: All of our employees are urged to contact our EAP provider in cases where:
1. They wish to refer themselves for treatment, or
2. Treatment is recommended by their supervisor or official of the City of Muskegon, or
3. The employee’s drug or alcohol tests result in a positive indicator, or
4. They or members of their family show signs of needing assistance or through
intervention by family members.
21 49 CFR, Part 382, Subpart E
22 49 CFR, Part 382, Subpart F
23 49 CFR, Part 382, Subpart F, §382.605
8
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
D. EMPLOYEE ASSISTANCE PROVIDER:
Mercy WorkLife Services
125 E. Southern Ave.
Muskegon, MI 49442
Telephone (231) 726-3582
E. PAY DURING TREATMENT: Except where specifically authorized in our collective
bargaining agreement with the association or our existing benefit package, employees
may not collect pay, unless they have been authorized sick or vacation leave.
XII – RETURN TO WORK
The City of Muskegon will attempt to, where possible, return a recovering employee to work. A
recovering employee is one who is currently participating in, or has successfully completed a
supervised treatment or rehabilitation program. A return to work is not a guarantee of an
employee’s previous position or classification. Regulated employees who prove recovery may
be reinstated provided our insurance carrier will insure a driver in that capacity and the driver
can be licensed according to the state and federal law or regulation.
A. CONTROLLED SUBSTANCE RECOVERY TESTING: Employees recovering from a controlled
substance or addiction will submit to unannounced urine drug screens at least six times in
the first 12 months following the driver’s return to duty.25
B. ALCOHOL RECOVERY TESTING: Employees recovering from alcohol abuse or addiction
will submit to unannounced evidential breath tests at least six times within the first year
following return to work.26
C. REGULATION REQUIREMENTS: The preceding return to work and follow-up testing
requirements are regulated by the U.S. Department of Transportation, Federal Highway
Administration under 49 CFR, Part 382. These regulations specifically address coverage of
employees of local and state units of government, and drivers operating intrastate and
interstate.27
24 §382.605(e)
25 49 CFR, Part 382, Subpart F, §382.605(c)(2)(ii)
26 §382.605(c) (2)(ii)
27 Federal Register, Vol. 59, No. 31, February 15, 1994, p. 7486
Civil Service Commission Approved 5/11/2020
9
DRUG-FREE WORKPLACE
CITY OF MUSKEGON ACKNOWLEDGEMENT AND AGREEMENT
ACKNOWLEDGEMENT AND AGREEMENT
The City of Muskegon is a Drug-Free Workplace. Under the terms of the Drug-Free Workplace
Act and accompanying federal regulations covering the qualification of drivers and other
employees, we are required to give you a copy of our policy:
Please read and sign below that:
• You have received a copy of our regulations, and
• You have read it and been informed of its contents, and
• You have had our regulations explained to you, and
• You have had your questions regarding our regulations answered, and
• You agree to abide by our regulations in all respects
PLEASE NOTE: The Federal Drug Free Workplace Act of 1988 requires you to acknowledge and
agree to the following:
I acknowledge and agree that I am aware of and agree with the City of
Muskegon’s current administrative regulations regarding controlled
substances and alcohol use.28 I also understand that, in some cases, an
employee may be terminated for violations of this policy.
Acknowledged and Agreed:
Signature
Print your name here
Date
28 49 CFR, Part 382, Subpart F, §382.60(c)
Civil Service Approved 5/11/2020
CITY OF MUSKEGON DRUG TEST ADVISORY & ACKNOWLEGEMENT
DRUG TEST ADVISORY & ACKNOWLEGEMENT
INSTRUCTIONS: This form is to be used to advise the employee of an alcohol evidentiary
breath test or the collection of a urine sample to conduct tests to determine the presence or
absence of controlled substances. This form may only be used in conjunction with the
organization’s Anti-drug and Alcohol Abuse Policy and only under the conditions described
therein. When completed, provide the employee with a copy to present to the collection
facility and a copy for their own records. All information disclosed on this form is
CONFIDENTIAL and must be treated accordingly. The city copy must be retained in the
employee’s medical file only. Please complete all sections of this form.
EMPLOYER: The employee indicated below is hereby notified that he or she is required to submit
the indicated test(s) as required under the provisions of the Anti-drug and Alcohol Abuse
Personnel Policy of the City of Muskegon. Failure to report to the collection facility on a timely
basis or refusal of submit to the test is considered an admission of a positive test result. Any
employee refusing to take the indicated test; who is unjustifiably tardy or fails to report to the
collection facility; or who knowingly tampers, alters, or misrepresents the specimen provided will
be suspended without pay and/or benefits until such time as the city reviews the facts
surrounding the case and makes a final determination.
Under the terms and conditions of the Anti-drug and Alcohol Abuse Personnel Policy of the City
of Muskegon, the employee is required to submit to:
EVIDENTIARY BREATHALYZER TEST (to determine breath alcohol level) Must have printed results.
NIDA-5 URINE DRUG SCREEN (DOT-mandated) to determine use of illegal substances
NIDA APPROVED ADDITIONAL URINE DRUG SCREEN (DHHS-approved to determine use of
additional substances
CHEMICAL ANALYSIS OF BLOOD (to determine blood alcohol level) – Printed results.
5-PANEL DRUG URINE SCREEN (non-DOT regulated employees)
ANALYSIS OF HAIR FOLLICLE for safety-sensitive or national defense employees only
PURPOSE: This test is required under the terms of our Anti-drug and Alcohol Abuse Policy for the
following occurrence.
PRE-EMPLOYMENT (regulated employee) POST ACCIDENT (Incident Report Required)
POST-JOB OFFER (prior to reporting for work) POST-INJURY (Incident Report Required)
RANDOM SELECTION RETURN-TO-WORK
REASONABLE SUSPICION(Incident Report Reqd.) FOLLOW-UP
EMPLOYEE: I have read and understand the Anti-drug and Alcohol Abuse personnel policy of
the City of Muskegon. I acknowledge and agree that the use of illegal, dangerous or controlled
substances and/or alcohol immediately before reporting to work or while working is in violation
of this policy. I also agree that I am subject to disciplinary action as described in our Anti-drug
and Alcohol Abuse personnel policy if I test positive for any of the substances described therein.
Further, I readily and voluntarily admit that I am taking, or have recently taken, the medications
or substances detailed below. I am providing the city with this information of my own free will so
that the city may make a determination if any of these medications or substances affect my
ability to perform my job. In the event any of the medications or substances render me unable
to perform my job, I agree to limited or off-duty time until such time as the medications or
substances have cleared from my body.
Medication: Date Taken:
Medication: Date Taken:
Medication: Date Taken:
Medication: Date Taken:
CITY OF MUSKEGON DRUG TEST ADVISORY & ACKNOWLEGEMENT
I acknowledge that I am aware of the city’s current policy that any employee can be
terminated at any time for any reason and that I too can terminate my employment with the
city at any time for any reason. I further agree to hold the city, its agents, administrators, officers
and employees harmless for any and all liability in connection with the testing for drugs and/or
alcohol.
Employee Name (print) Employee Signature
Social Security Number Date
City Official’s Name(print) Official’s Signature
Title Date
This supersedes all previously issued consent forms
Copies:
Civil Service Approved 5/11/2020
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