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THIS AGREEMENT, effective this 1st day of January, 2022, A.D.,
by and between the City of Muskegon, a Michigan Home Rule City,
hereinafter designated as the "Employer", and Local 517M, Unit 2
of the Public Employee's Union of Southwestern Michigan,
hereinafter referred to as the "Union", under the provisions of
the Public Employee Relations Act, 336 of the Public Acts of
1947, as amended, WITNESSETH:
SECTION 1 - PURPOSE
It is the purpose and intent of the parties to this Agreement
that its results shall promote mutual cooperation and further
the welfare of the City of Muskegon and its employees; insure a
spirit of confidence and cooperation between the Employer and
its agents and employees; set forth the general policy of the
City on personnel matters and procedure; establish uniform and
equitable rates of pay and hours of work; provide for a
disposition of grievances and to improve the efficiency of
municipal services and assure the greatest return for tax
dollars.
SECTION 2 - DEFINITIONS
2.1 The term "employee" as used in this Agreement shall mean
any employee who is eligible for membership in the Union within
the Bargaining Unit as described in Section 3 of the Agreement.
The term "employer" as used in this Agreement shall mean the
City of Muskegon as the public employer and its duly authorized
officers and/or agents.
2.2 The term "management" as used in this Agreement shall mean
the duly authorized officials and supervisors of the public
employer.
SECTION 3 - RECOGNITION
The City recognizes the Union as the exclusive bargaining
representative and agent with respect to rates of pay, wages or
salaries, hours of work and other terms and conditions of
employment for permanently-appointed, part-time and seasonal
employees in the following Departments or Divisions:
Equipment
Highway
Water and Sewer Maintenance
Cemetery
Water Filtration and Pumping
Waste Water Treatment
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Traffic Sign Maintenance
Forestry
Parks Maintenance
Building Inspection Department
Engineering Department
Communication
and the Classifications:
Rehabilitation Inspector
Parking Meter Checkers
Horticulturist
Zoning Inspector
excluding all clerical, confidential, supervisory, and
managerial personnel.
If the City elects to re-fill the positions of Mall Maintenance,
Sanitation Operator or Highway Maintenance Worker, they shall be
represented by this Unit.
SECTION 4 - UNION SECURITY
4.1 Upon receipt of a written authorization from an employee,
and to the extent permitted by law, the employer will deduct
from the employee’s 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. 16 th through Dec.
31).
The employer agrees to provide this service without charge to
the union.
4.2 For the purpose of this Agreement, the term "dues" shall
mean all regular monthly dues, assessments, and fines.
4.3 The Union shall furnish check-off forms to the City. At
the time of hiring new employees, the City shall furnish the
check-off forms to the new employees and the City shall notify
the Union of the hiring. Thirty (30) days after date of hire,
the City will notify the Union of those new employees who have
executed check-off forms.
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4.4 The Union Security clauses in this Agreement are only
conditioned by current and future State Labor laws and legal
interpretations thereof.
4.5 Union agrees to indemnify and hold the Employer harmless
against any and all claims, demands, suits, or other forms of
liability including, but not limited to, wages, damages, awards,
fines, court costs, attorney fees and unemployment compensation
cost that arise out of or by reason of action taken by the
Employer.
SECTION 5 - DEDUCTION OF DUES
Employees may, in writing on forms provided, direct the City to
deduct from their wages each month the amount of their union
dues to the Union. The City agrees to comply with such written
authorization received by the City Finance Director from the
employee for the personal payroll deduction or membership dues,
or their equivalent. Said deductions shall be withheld from the
first payroll period in each month and delivered by lump-sum
payment to the Secretary/Treasurer designated by the Union.
Such sum is to be delivered to the Union within five (5) days of
deduction along with a complete dues-deduction list.
SECTION 6 - MAINTENANCE OF DUES
The written authorization of the employee for the deduction of
dues shall remain in full force and effect until revoked by him
by written notice, signed by the employee and received by the
Employer and the Union, not more than sixty (60) days and not
less than thirty (30) days before any anniversary or termination
date of this collective bargaining Agreement.
SECTION 7 - MANAGEMENT RIGHTS
7.1 The Union recognizes the sole and exclusive prerogative of
the City to operate and manage its affairs in all respects in
accordance with its public trust and interest, and further
recognizes that the powers and authority which the City has not
officially and specifically abridged, delegated, or modified by
this Agreement are retained by the City.
7.2 This Agreement is not intended to be, nor shall be,
restrictive of or a waiver of the rights of management not
officially and specifically abridged, delegated, or modified
herein.
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7.3 It is further understood that management shall have the
right to make such reasonable rules and regulations not
inconsistent with the terms of this Agreement as it may from
time to time deem necessary for the purpose of maintaining
discipline, order, and efficient operations and service to the
community.
7.4 The reasonableness of any new rule with respect to the
general conduct of employees which would involve warnings,
disciplinary layoffs, or discharges may be questioned through
the grievance procedure as set forth in this Agreement.
7.5 Nothing in this Agreement shall limit the City's management
functions, under which it shall have, among others, the right to
discipline, suspend, or discharge for just cause; to determine
the qualifications of employees, to observe and evaluate an
employee's job performance and to apply disciplinary action to
ensure a full day's work for a fair day's wages.
SECTION 8 – REPRESENTATION
8.1 All employees who are covered by this Agreement shall be
represented for the purpose of grievances and contract
negotiations by the Union. The Union has the right to be
present at all discussions of a grievance and contract
negotiations. Any adjustments in a grievance must be consistent
with the terms of this Agreement.
8.2 The Union officers shall be Chairman, Vice Chairman,
Committee Person, Chief Steward, Steward, and Alternate Steward.
8.3 Duties of Union officers (in relation to the City):
CHAIRMAN: It shall be the duty of the Unit's Chairman to
preside at all meetings between the employer and the Union
whenever possible.
VICE CHAIRMAN: It shall be the duty of the Unit's Vice
Chairman to preside at all meetings between the Employer and the
Union when the Chairman cannot attend such meeting.
COMMITTEE PERSON: It shall be the duty of the Committee
Person to attend all negotiations involving the institution of a
new Union/City Contract, and to assist and/or substitute as a
Steward when one is not available, or when a representative is
needed by a Steward.
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STEWARD: It shall be the duty of the Steward to
investigate and represent employees at the first two steps of
the grievance procedure.
CHIEF STEWARD: It shall be the duty of the Chief Steward
to investigate and represent a grievant from the third (3rd)
step of the grievance procedure through Arbitration.
ALTERNATE STEWARD: It shall be the duty of the Alternate
Steward to fill in for the regular Steward, when the regular
Steward is not available.
8.4 Executive officers of the International and/or Local Union
and/or their representatives, duly authorized to represent the
Union, and/or the President of the Local Union, if not employed
by the City, will be permitted to participate in any discussions
relative to hours, wages and working conditions at any time.
When a Union representative visits the work site, the Employer,
if available, will be notified.
8.5 Any Employee, prior to conducting Union business, during
working hours, shall supply in writing, a fully executed
"Request To Conduct Union Business" form to the employee's
immediate supervisor, on a form to be provided by the City.
8.6 The names of the union officers shall be given in writing
to the Employer. No union officer shall function as such until
the Employer has been advised of his or her selection, in
writing by any International, Local or Unit official. Any
changes in union officers will be reported to the Employer in
writing as far in advance as possible.
8.7 Any union officer employed by the City having an individual
grievance in connection with his own work may ask for a member
of the bargaining committee to assist him in adjusting the
grievance.
8.8 Union officers who are employees of the City shall be paid
by the City for the time spent during regular working hours in
the processing of grievances and for negotiations directly
related to administration of this Agreement conducted during
regular working hours. Compensation shall be at the employee's
regular straight-time rates of pay and shall cease at the end of
the employees' regular scheduled working hours of any day of an
assigned shift. The employees shall furnish a daily record of
negotiating or grievance processing to the employees supervisor.
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8.9 Union representation, excluding executive officers of the
International, shall be as follows:
1st & 2nd step of grievance Grievant plus 2 Union officers
3rd step of grievance Grievant plus 2 Union officers
4th step of grievance Grievant plus 2 Union officers
Arbitration Grievant, all necessary
witnesses plus 2 union officers
Bargaining 5 Union officers.
SECTION 9 - GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation of a specific
section or paragraph of this Agreement. If any such grievance
arises, there shall be no stoppage or suspension of work because
of such grievance; but such grievance shall be submitted to the
following grievance procedure:
Step 1 - Within ten (10) working days after the date of an
alleged occurrence of a grievance, the aggrieved employee will
take the matter up with his immediate supervisor. The employee
may request the presence of the steward or committeeperson of
his department at that time. The supervisor shall send for such
steward without undue delay and without further discussion. The
supervisor shall give an oral answer to the employee within the
following three (3) working days. The meeting between the
supervisor and the aggrieved employee shall begin at the start
of the last hour of the workday.
Step 2 - If the matter is not settled at Step l, the Union may
submit, within the three (3) work days following the oral
answer, a written and signed "Statement of Grievance" to the
immediate supervisor. The "Statement of Grievance" shall name
the employee involved, shall state the facts giving rise to the
grievance, shall identify all the provisions of this Agreement
alleged to be violated by reference, shall state the contention
of the employees and of the Union with respect to these
provisions, indicate the relief requested, and be signed by the
grievant and an authorized Union representative. Within three
(3) working days following next after the personal receipt of
the Statement of Grievance, the supervisor shall submit a
written answer to the employee and to the Union upon the
grievance form or attached thereto. If the matter is settled at
Step 2, the employee shall sign the grievance stating that
result.
Step 3 - If the matter is not settled at Step 2, the Union may
appeal the matter, within three (3) working days next following
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the submission of the written answer, to the Department Head;
who shall either (a) issue a written disposition within three
(3) working days next following personal receipt of the written
appeal, or (b) within the same period of time, initiate and hold
a meeting with all parties involved in the dispute to date and
the Department Head. The Department Head shall submit a written
disposition of the matter within forty-eight (48) hours next
following the conclusion of the meeting. If the matter is
settled at Step 3, the Union shall sign, stating that result.
If the "supervisor" in Step 2 is the same person as the
"Department Head" in Step 3, Step 3 may be skipped and the
matter may proceed immediately to Step 4.
Step 4 - If the matter is not settled at Step 3, the Union may
submit a notice of appeal and the grievance to the City Manager
or designee within forty-eight (48) hours next following
submission of the written disposition. Upon request by either
party, a meeting shall be held, if possible, within five (5)
working days next following personal receipt of the notice of
appeal. The City Manager or designee shall issue a written
disposition within ten (10) working days next following
conclusion of the meeting.
The City shall have the right to notify the Unit Chairman of the
alleged violations of the Agreement or conduct on the part of
Bargaining Unit employees which is inconsistent with the terms
of this Agreement which would result in a conflict with the
purpose and intent of Section 1 of this Agreement. The Unit
Chairman shall transmit the appropriate response or disposition
of the Union of the matter to the Employer within ten (10)
working days of receipt of the said notice of Employer.
SECTION 10 - TIME LIMITS
10.1 Time limits may be extended by management and the Union in
writing; then the new date shall prevail. Any grievance not
advanced to the next step within the time limit within that step
by the employee or the Union shall be deemed abandoned and not
subject to further appeal.
10.2 Any disposition of an appeal step which is not issued
within the time limits specified shall result in a forfeiture of
further management disposition on the matter.
10.3 The relief requested in the grievance shall take effect
upon confirmation that the time limits provided for disposition
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by management in the above grievance procedure have been
exceeded.
10.4 Mediation may be initiated by either party at the Step 4
conferences of the Grievance Procedure. In the event mediation
is utilized, the time limits for arbitration shall commence upon
the date of termination of the mediation procedure. All notices
of intent to mediate or arbitrate shall be in writing. The
maximum number of days for proper notice in either case shall be
ten (10) calendar days. (Amends Sec. 11 also) In case of
grievance involving discharge from employment for cause,
mediation shall require mutual agreement.
SECTION 11 - ARBITRATION AS TERMINAL POINT OF
GRIEVANCE PROCEDURE
11.1 If the grievance is not adjusted by any of the above steps,
the Union may within ten (10) calendar days after receipt of the
written answer from the City Manager or designee, give notice of
its intent to submit the grievance to arbitration. The parties
shall then obtain a panel of five (5) names from the Michigan
Employment Relations Commission. The Arbitrator shall then be
selected in accordance with the rules and regulations of the
Michigan Employment Relations Commission. The Arbitrator may
determine the effective date for his disposition of a grievance,
shall have full authority in any way the facts justify to alter
or change discipline or discharge penalties imposed by
management. The Arbitrator shall have jurisdiction and
authority only to interpret, apply and determine compliance with
this Agreement, and shall not add to, detract from, or alter in
any way its provisions. The Arbitrator's decision shall be
final and binding on both parties. The fees and expenses of the
Arbitrator, and cost of place of such hearing as is selected for
the hearing by mutual agreement of the parties, will be equally
divided between the Employer and the Union. The parties shall
bear individually the costs of presenting their respective case
in arbitration.
11.2 Arbitration shall not be available as a remedy for disputes
arising from contract negotiations or matters of maintenance of
conditions arising under Section 42 of this Agreement.
11.3 Arbitration shall not be available as a remedy for disputes
arising with regard to employee performance evaluation. Such
disputes may proceed through the grievance procedure to Step 4,
the City Manager's step, but shall not proceed to arbitration.
SECTION 12 - SENIORITY
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12.1 Hourly rated and salaried employees, excluding seasonals,
shall serve a six (6) calendar months' probationary period.
12.2 There shall be no responsibility for the re-employment of
probationary employees if they are laid off or discharged during
this period. Discharges of probationary employees shall not be
subject to the grievance procedure.
12.3 Bargaining unit seniority is an employee's length of
accumulated time in Unit 2, Local 517M since the day and year of
the employee's last day of hiring, less such time as seniority
does not accrue during the employee's absence as provided in
this agreement and less time lost due to layoff. Classification
seniority shall be the amount of accumulated service within a
classification; departmental seniority shall be the amount of
accumulated service within a department. City wide seniority is
defined as the length of uninterrupted employment with the City
since the day and year of employee's last date of hiring, less
such time as seniority does not accrue during the employee's
absence as provided in this Agreement, and less time lost due to
layoff.
12.4 An employee shall lose his seniority rights under the
following conditions:
A. If he resigns or is discharged for just cause or
retires.
B. If he is absent for three (3) working days without
notice to the head of his department, or fails to report for
three (3) working days after expiration of a leave of absence
without notice to the head of the department; providing no
reasonable excuse has been submitted to the Employer for the
failure to adhere to the above stipulation.
C. After a layoff, failure to report to the former job in
a department where the employee's seniority status prevails
within three (3) working days after receipt of notice from the
City addressed to the employee's last known address instructing
him to report for work, or failure within three (3) working days
after such notice to notify the City of satisfactory reasons.
D. After six (6) consecutive months' layoff for employees
having less than one (1) year seniority as of the date of
layoff; after twelve (12) consecutive months' layoff for
employees having (1) year, but less than three (3) years,
seniority as of the date of layoff.
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After eighteen (18) consecutive months' layoff for
employees having three (3) years, but less than five (5) years,
seniority as of the date of layoff, and after twenty-four (24)
consecutive months' layoff for employees having five (5) or more
years seniority as of the date of layoff.
12.5 The Unit will receive a quarterly list of personnel
changes.
12.6 Employees hired or promoted into a position which requires
licensing or certification, with the exception of positions
requiring valid Michigan motor vehicle operator's licenses,
shall complete a probationary period as specified above. In
addition, the employee shall complete the certification or
licensing requirements within the time period set by the
licensing agency. Failure to obtain certification or license
within the time period specified by the licensing agency shall
result in the employee being returned to the previous position
the employee had. If the employee is a new hire, the employee
shall be laid off without the opportunity to exercise bumping
rights. If the employee promoted into the position, the
employee must be returned to the position, or an equivalent
position from which the employee promoted, notwithstanding other
contractual language concerning lay-off, bumping, and recall.
SECTION 13 – TEMPORARY SEASONAL EMPLOYEES
Temporary Seasonal Employees shall be those individuals hired
through a temporary employment agency to perform the functions
of seasonal beach maintenance worker, seasonal leisure service
maintenance worker, seasonal leisure service maintenance worker
I, and seasonal laborer. As to those individuals the following
applies.
13.1 Individuals listed on Appendix A shall attain permanent
status only upon completion of twelve (12) continuous months of
employment at the City without interruption, or through
promotion or transfer.
13.2 Management shall have the right to use temporary seasonal
employees in any department.
13.3 The work schedules shall be established by management.
13.4 Temporary seasonal employees shall not be employed to
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displace permanent employees, shall not replace permanent
employees laid off from their positions, or hired for the
purpose of eliminating a permanent position.
13.5 The duties of a Temporary seasonal employee. Those
provided in the job descriptions of seasonal beach maintenance
worker, seasonal leisure service maintenance worker, seasonal
leisure service maintenance worker I, and seasonal laborer.
13.5(A) The City of Muskegon may use qualified temporary
employees for functions/positions previously not allowed to a
maximum of three (3) positions total (City-wide) from December
1st to March 1st. City retirees or laid-off employees will
receive preference for these three (3) positions as long as they
are qualified. These positions can only be utilized if regular
Union employees are not available or after regular Union
employees are called for overtime purposes, which calls will be
limited to employees within the department that the work occurs.
These positions may not be utilized if there are Union employees
laid-off in that department. Section 14.5 shall not apply to
these three positions.
13.6 Temporary seasonal employees will not be supervised by
employees of this bargaining unit.
SECTION 14 - LAYOFF AND RECALLS
14.1 Layoff. The employer has the right to lay off within a
classification and/or department. Layoffs will be based, in
order of seniority on the following:
A. bargaining unit seniority
B. classification seniority
C. departmental seniority
D. city wide seniority
(as defined in Section 12.3)
The employer will give full time permanent employees ten (10)
calendar days notice of layoffs and seasonal employees shall
receive three (3) calendar days notice of layoff.
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14.2 Upon layoff the following procedures shall apply:
A. Probationary employees will be laid off first from the
classification(s) to be reduced within a department.
B. If there are not enough probationary employees in the
classifications affected, then employees with the least
seniority in the classification(s) will be laid off.
C. Permanent full-time employees laid off from their
permanent classification who exercise their bargaining unit
seniority to displace the least senior employee in the same,
lateral or lower classification must notify the employer of
their intent to bump within three (3) working days after layoff.
D. Permanent full-time employees laid off from their
permanent classification and who elect to follow the bumping
procedure to exercise their bargaining unit seniority rights
must accept employment in the new position within six (6)
working days of layoff.
There will be no break in seniority under the aforesaid
provision.
E. Employees who have bumped a less senior employee (as
described in C. above) must possess the ability to do the work
required. A decision on the ability of the employee to do the
work shall be made by the Management not less than fifteen (15)
days nor more than six (6) months after the bump is effective.
The employee shall be notified of such decision in writing.
However, if an employee claims a job in a classification where
she/he was previously qualified, the employee must have all
contractual requirements, e.g., CDL licenses, on the date of
employment, and satisfy all other requirements at the sooner of
six (6) months or the next available test date, but no later
than one year from appointment.
F. Any employee laid off from his/her permanent
classification who has exercised bargaining unit seniority to
bump into a same, lateral, or lower classification and is
subsequently laid off and elects to exercise bargaining unit
seniority will do so based on his/her permanent classification.
G. The employer will not use any employee in a
classification in which he/she is not classified if another
employee is laid off therefrom, except in case of emergency.
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H. Employees who exercise their seniority under this
section will be paid at the same rate in a lateral assignment or
at the highest rate paid for a lower classified assignment.
14.3 Recall. In order to facilitate the recall procedure,
recalls will be in inverse order of layoff, and the following
will apply:
A. The employer will notify the employee of recall,
however, it is the employee's responsibility to notify the
employer of his intention to return to work and the date which
she/he will report. The employee will have three (3) working
days from the notice of recall to contact and to notify the
employer accordingly.
B. When employees are recalled, they will be returned to
their permanent classifications in order of their bargaining
unit seniority with the high senior employees who hold the
permanent classification recalled first, and before any other
employee with less bargaining unit seniority is recalled or
returned to that permanent classification.
C. Employees recalled to their permanent classifications
must return to their permanent classifications (as described
in A. of this section) or they will be deemed to have terminated
their employment voluntarily.
D. Employees who have elected not to exercise their
bargaining unit seniority after having been laid off and who
have not been recalled to their permanent classifications must
return to open classifications in a lateral or lower
classification provided that:
(1) There is an employee with higher bargaining unit
seniority working in the laid off employee's permanent
classification.
(2) If, during recall, an employee refuses to accept
the available lateral or lower classifications she/he will be
deemed to have terminated his/her employment voluntarily.
SECTION 15 - VACANCIES AND JOB OPENINGS
15.1 All employees shall be given equal opportunity to
familiarize and train for promotion. In recognition whereof the
parties to this Agreement do hereby agree that the job
description, as contained in the City's classification plan of
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the duties enumerated in the plan, of a higher classified
position, shall not constitute "working out of classification"
unless such assignment be made repetitively so as to equal the
equivalent of one employee being assigned to 50% or more of the
exclusive-enumerated duties of the higher classification over a
period of time defined as in excess of sixty (60) consecutive
calendar days. The word "days" shall be defined as any part of
the scheduled work day.
15.2 Management and the Union have mutually determined that it
is the employee's responsibility to request training through the
supervisor. Management will accommodate the request as much as
possible through work assignments or through advance notice of a
training program, whenever practical.
15.3 Should it become necessary to fill a vacancy in a
classified position of the City's service or to add to
authorized manpower, the Union agrees all opportunities for
transfers and promotions as provided by this Agreement shall be
made available through promotional examination, but that
concurrently said opportunities shall be made available through
open advertisement and general examinations for the
establishment of an eligible list, so as to avoid unnecessary
delay in filling the position should eligible employees fail to
meet the requirements of the position or refuse promotion.
15.4 If a vacancy is of an emergency nature, management may
designate an emergency substitute not to exceed thirty (30)
calendar days.
15.5 Any employee upon request, who works forty (40) hours and
five (5) consecutive working days in a higher classification,
shall be paid the rate of the higher classification for such
forty (40) or more hours of consecutive working days. The
employee shall be paid in accordance with the rate of pay in the
higher classification which is next higher than his own present
rate of pay in his own present classification.
15.6 No employee shall be reallocated to a higher permanent
position or higher rate of pay because of temporary assignment.
15.7 No employee who is a successful bidder, and is employed in
a new position, under the promotion provisions of this Agreement
shall have the right to bid on any job opening for a period of
six (6) calendar months from the date of the successful bid.
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SECTION 16 - NON-PROMOTIONAL TRANSFERS
Employees shall not have the right to a non-promotional transfer
after February 1, 1992.
SECTION 17 - PROMOTIONS
17.1 In all cases of promotion from one classification to
another, the following factors will be considered before
seniority governs:
A. Knowledge, training, ability, skill and efficiency
B. Physical fitness
C. Attendance Record
D. Driver’s License History
Where these four factors are relatively equal, the length of
continuous service shall govern.
17.2 Any employee filling a vacancy of a promotional nature for
which he has not been previously classified shall be given up to
six (6) calendar months to prove his ability. If unable to
qualify, he shall be returned to his former position, without
prejudice, at the rate of pay for such position. An employee
may voluntarily return to his former position, within 30 days of
promotion, without prejudice, at the rate of pay for such
position. An employee may elect voluntarily to return to his
former position once in a calendar year. Failure of probation
shall be deemed a voluntary return for purposes of subsequent
promotions.
17.3 From the date of entering the classification, the employee
shall be paid at the minimum rate agreed upon for the
classification, and shall be subject to the six (6) calendar
months probationary period covered above; provided any employee
appointed to a job by promotion or transfer, carrying a lower
starting rate than the rate received at the time of appointment,
shall continue to receive not less than the rate received at the
time of appointment, and shall continue to receive increases
until the top for the working classification is received,
subject to the provisions of the wage schedule adopted by virtue
of this Agreement.
17.4 Any employee may exercise his prerogative to refuse
promotion or transfer without bias or loss of seniority.
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However, pursuant to Section 17 of this Agreement, employees do
not have the right to a non-promotional transfer.
SECTION 18 - WORKING HOURS COVERING STANDARD OPERATIONS
18.1 The standard work week shall consist of forty (40) hours
per week, Monday through Friday.
18.2 The standard work day shall consist of eight (8) hours per
day for first shift operations where the majority of such hours
fall between 7:00 A.M. and 5:00 P.M. Meal period allotments and
rest period breaks shall apply as they pertain in Section 21 and
22, respectively. Pay for a full shift period shall be a sum
equivalent to eight (8) times the regular hourly rate, with no
pay for the lunch period and no premium.
18.3 The standard work day for employees assigned to the second
shift shall consist of eight (8) hours where the majority of
such hours fall between 4:00 P.M. and l2:00 Midnight. Meal
period allotments and rest period breaks shall apply as they
pertain in Sections 21 and 22, respectively. Pay for a full
second shift shall be a sum equivalent to eight (8) times the
regular hourly rate plus a ten (10%) percent shift premium.
18.4 The standard work day for employees assigned to the third
shift shall consist of eight (8) hours where the majority of
such hours fall between 12:00 Midnight and 7:30 A.M. Meal
period allotments and rest period breaks shall apply as they
pertain in Sections 21 and 22, respectively. Pay for a full
third shift shall be a sum equivalent to eight (8) times the
regular hourly rate plus a fifteen (15%) percent shift premium.
18.5 The Employee shall receive two (2) hours minimum pay for
reporting for duty on his regularly scheduled shift in the event
he is not required to work the full shift of a normal work day
in excess of the first two hours.
A. The minimum pay shall not be paid if the employee is
notified no later than one (1) hour prior to his regular
scheduled shift.
SECTION 19 - OVERTIME AND HOLIDAY PAY
19.1 Employees shall receive the overtime benefits provided for
in this Agreement provided they worked their full straight-time
scheduled work-week as established in this Agreement. Paid
holidays shall be counted as time worked. Authorized time-off,
other than disciplinary time off, will be considered as time
worked for the purpose of computing overtime and fringe
benefits.
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19.2 Time-and-one-half shall be paid for time worked in excess
of the employee's regularly-scheduled shift in any continuous
twenty-four hour period subject to the exceptions for
double-time and shift transfers provided in this Agreement. All
water filtration employees’ second day off in their rotation
shall be considered Sunday for the purpose of computing wages,
benefits and overtime.
19.3 Employees who worked the last scheduled day preceding and
the first scheduled day following a paid holiday shall receive
holiday pay, which is in an amount equal to eight times the
regular hourly rate. Said employees, if required to work on a
holiday set forth in this Agreement, shall receive the said
holiday pay and shall in addition be paid at double their hourly
rate of pay for time worked during the first eight hours worked
on any shift that starts on such holiday, for time worked on the
calendar holiday in excess of the first eight hours worked on
said shift starting on the holiday, and for time worked on a
holiday in excess of eight hours worked on a shift that starts
the previous day and runs over into the holiday. No pyramiding
shall result to provide pay in excess of the holiday pay and
double time for the above designated hours worked.
19.4 Double-time shall be paid for any time worked on a Sunday.
In the case of the filtration plant, the employee’s second day
off is that employee’s “Sunday.”
19.5 Should it become necessary to make a change in the
assigned shift of the employee, he shall be given a minimum of
twenty-four hours' notice in advance by management of the
proposed reassignment. Assignment of the employee to another
shift shall not result in the payment of overtime as provided in
Section 19.1 of this Agreement, if proper twenty-four-hour
notice has been given the employee in advance of his reporting
to his newly-assigned shift. When an employee is transferred
under this Section, he shall not be compelled to report on his
newly-assigned shift with less than eight hours' rest period
between shifts. An eight-hour rest period shall be construed to
mean one complete shift as provided under Section 18. If an
employee is requested to work, and desires to do so, during the
eight hours preceding his new starting time, he shall be
compensated at the rate of one-and-one-half times his regular
hourly rate during any hours worked in an eight-hour period as
prescribed above.
19.6 If in any work week, as the result of a shift change, an
employee is permitted to, or required by the City to, work and
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is not permitted, or required by the City, to work the number of
hours in the then-established weekly working schedule of his new
shift, he will be reimbursed for time lost as a result of such
shift change.
19.7 An employee required to work unscheduled overtime shall be
paid for actual time worked. The minimum payment for unscheduled
overtime shall be three (3) hours. Any employee required to work
scheduled overtime shall be paid for actual time worked.
Scheduled overtime is defined as any time worked where the
employee is notified at work of the need to work overtime.
19.8 The Supervisor will select the employee to work overtime so
long as it is equalized by the end of the year. Overtime is
equalized so long as the overtime hours for all employees in a
classification are within 10%, plus or minus, of the median.
All departments shall charge employees for declining overtime.
Declining overtime includes all time when an employee is
unavailable or unwilling to work.
19.9 When the supervisor determines there is a need for
overtime, the supervisor will ask all employees qualified and
who have signed up for overtime during that pay period to work
first, and then will ask qualified seasonals. If no one accepts
the overtime, the supervisor will assign the mandatory overtime
to anyone capable of doing the work who has signed up for
overtime during that period, provided the work is within their
job description. If no one has signed up, then the supervisor
will choose someone within the department who has the lowest
charge overtime hours to do the work on mandatory overtime.
Employees failing to show for mandatory overtime as outlined
above, will be considered to have failed to follow the proper
directive of a supervisor and are subject to discipline.
Scheduled overtime, which is not covered by this paragraph, will
be posted as far in advance as possible.
19.10 Notwithstanding Section 19.9, a supervisor may require a
temporary seasonal employee to work one (1) hour of overtime
before implementing Section 19.9. The temporary seasonal
employee may be required to continue working until a full or
part time regular employee relieves the temporary seasonal
employee. Within a reasonable period of time after each pay
period, City shall provide to the Unit President a copy of all
temporary seasonal employee’s hours worked in the previous pay
period.
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SECTION 20 - HOURS OF WORK COVERING NECESSARY SEVEN-DAY
CONTINUOUS OPERATIONS
20.1 Employees working in necessary continuous seven day
operations shall work eight hours on each shift less one-half
hour for meals and shall receive eight hours' pay.
20.2 Time-and-one-half shall be paid for all hours worked in
excess of eight paid hours in any one day and for all hours
worked which are not scheduled hours. All employees' schedules
shall be posted not less than one week in advance of the
beginning of the next pay period.
20.3 Effective January 1, 1995, second shift premium for
seven-day operations shall be ten (10%) percent of the regular
hourly rate, and the third-shift premium for seven-day
operations shall be fifteen (15%) percent of the regular hourly
rate.
20.4 Salaried and hourly employees working their full regular
shift in a necessary continuous seven-day operation will receive
triple (3) times their regular rate for the said hours worked on
any of the paid holidays provided in this Agreement, (accounting
for holiday pay and double time for hours worked in said regular
shift), and double time for Sundays and holidays worked when
these days fall outside the normal established schedule. Pay
pursuant to this section will not be pyramided.
20.5 As to the employees in necessary seven-day continuous
operations, if a holiday as designed by this Agreement falls on
an employee's regular day off, the employee shall be given an
additional day off. The additional day off to be taken in lieu
of the holiday under this provision shall be approved in advance
by the Supervisor of Water Filtration.
20.6 During the months of May, June, July and August, during
each year during this Agreement, employees at the Water
Filtration Plant shall be allowed to schedule two (2) persons on
vacation at the same time with the supervisor's permission and
based on the needs of the Plant.
SECTION 21 - MEAL PERIODS
21.1 An employee shall be entitled to a half-hour unpaid meal
period after the completion of four (4) hours' work on his
regularly scheduled first shift, as provided in Section 18. An
employee assigned to the engineering or inspection departments
shall receive one (1) hour unpaid lunch break after four (4)
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hours' work on his regularly scheduled first shift as provided
in Section 18. Employees scheduled for standard second and
third shift operations, and employees involved in a necessary
seven-day continuous operation will receive a paid half hour
lunch period scheduled by mutual agreement of the employee and
the supervisor.
21.2 An employee who is required to work continuously beyond a
regularly-scheduled work shift shall be entitled to a
twenty-minute paid meal period if such overtime will cause him
to work five continuous hours since the end of his period,
provided said employee is to be required to work beyond this
break. Therefore, the employee shall be entitled to a meal
period in the same manner as prescribed in the preceding
paragraph of this Section. An employee who works more than four
(4) hours of overtime shall be entitled to a second meal break,
which the City shall schedule.
21.3 An employee called out for overtime work shall be entitled
to one-half hour paid meal period upon completion of each four
hours of continuous work, provided said employee is to be
required to work beyond the meal period.
21.4 Employees shall be entitled to a reasonable amount of paid
cleanup time prior to meal periods and at the end of the work
shift. Such time shall be established by department, and shall
be determined by available facilities and extremities of
employee assignment. Whenever practical, the time allowed will
be five minutes before lunch and ten minutes prior to quitting
time.
21.5 Employees shall not use City vehicles for transportation
during meal periods unless the employee is on a job site or in
transit to or from a job site.
SECTION 22 - REST PERIODS
An employee will be accorded two (2) paid rest periods of
fifteen (15) minutes each on the scheduled shift which may be
used as "coffee breaks", as governed by departmental
regulations; provided the right of reasonable temporary relief
at other times shall not be eliminated.
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The following regulations shall apply to those employees falling
within any of the following circumstances:
GROUP A Those employees located and working at permanent
and stationary work stations shall comply with the provisions of
Section 23, provided that reasonable exceptions shall be allowed
with the approval of the department's supervisor.
GROUP B Those employees working on a crew assigned to a
specific job other than a stationary and permanent work location
shall have appropriate arrangements made whereby either the
foreman, or one member of the working crew, shall pick up coffee
for all members of the crew. Reasonable sanitary measures will
be provided where required. The employer shall allow for
reasonable exceptions to these regulations, including the use of
City vehicles, when required or necessitated due to adverse
weather conditions and physical hardship or safety requirements.
GROUP C City vehicles shall not be used for personal
business, including during break times, unless authorized by a
supervisor. No City vehicle shall be on private property except
as incidental to the normal working day, except as authorized by
a supervisor. At no time shall the total incidental time exceed
the authorized break time.
SECTION 23 - VACATIONS
23.1 Vacation time shall be accumulated as follows:
Hourly Rate Employees
For each increment of 208 hours of straight-time worked during
the preceding calendar year, an hourly-rate employee shall
accumulate:
One day, but not to exceed ten (10) days per year, during
the first six (6) years of continuous service.
One-and-one-half days, but not to exceed fifteen (15) days
per year, beginning the seventh (7th) year through fourteen (14)
years.
Two days, but not to exceed twenty (20) days per year,
beginning the fifteen (15) years of continuous service.
Effective January 1, 2020, two-and-one-half days, but not
to exceed twenty (25) days per year, beginning upon completion
of twenty-four (24)) years of continuous service.
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Effective January 1, 2023, two-and-one-half days, but not
to exceed twenty (25) days per year, beginning upon completion
of twenty-one (21) years of continuous service.
Salaried Employees
Salaried employees shall accumulate:
One day per month of employment but not to exceed ten (10)
days per year during the first six (6) years of continuous
service.
One-and-one-quarter days per month but not to exceed
fifteen (15) days per year beginning the seventh (7th) year
through fourteen (14) years.
One and three-fourths days per month but not to exceed
twenty days per year beginning fifteen years of continuous
service.
Effective January 1, 2020, two-and-one-quarter days per
month, but not to exceed twenty (25) days per year, beginning
upon completion of twenty-four (24)) years of continuous
service.
Effective January 1, 2023, two-and-one-quarter days per
month, but not to exceed twenty-five (25) days per year,
beginning upon completion of twenty-one (21)) years of
continuous service.
23.2 Any employee of the City, other than a probationary
employee, who retires, resigns, or leaves the service of the
City shall be entitled to his prorated accumulated vacation
time.
23.3 No vacation shall be taken until an employee has been on
the payroll for a period of at least six (6) months.
23.4 A day of vacation shall be canceled for each day an
employee would have worked during the normal work week, and
shall be paid for at the rate the employee would have earned on
that particular day exclusive of overtime.
23.5 Vacation leave shall not be cumulative and shall be taken
during the calendar year following the one in which it was
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earned; unless conditions render it impossible, all employees
shall take their vacation.
23.6 Vacation leave shall be considered as a matter of right
and, if canceled because of work necessity shall be paid for at
straight time as extra compensation for the period if the
vacation was scheduled and approved prior to March 2. All other
canceled vacations shall be rescheduled.
23.7 Insofar as is possible, subject to the exigencies of
employment needs, employees in the several departments governed
by this Agreement shall be permitted to select their vacations.
Senior departmental employees shall have first choice. Both
hourly and salaried employees, in making vacation selections,
may choose units of not less than one (1) full scheduled work
day. Vacation may be used in one-half (1/2) day increments with
the approval of the supervisor. 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 management
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 vacations to
the extent that such scheduling would serve as a hardship on
departmental employment needs.
23.8 Between December 1 and December 20 of the calendar year in
which vacation time is earned, management of the several
departments shall prepare a calendar or schedule for vacations,
which shall be circulated among the employees within each
department for their selection of vacation time in the next
succeeding year. This schedule shall be completed by the
employees within the several departments within forty-five (45)
calendar days from the date of circulation, but no later than
February 15 of the next succeeding year. As of February 15 of
each year, the vacation schedules shall be posted in a
conspicuous place within each department in order to allow for
employee changes as to vacation scheduling. Thereafter,
management shall complete the vacation schedules no later than
March 2 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 one change as
to his personal vacation schedule following March 2 of any
calendar year except that no employee shall be able to declare
seniority rights in altering said schedule after March 2.
Subject to the schedule change noted in the preceding sentence,
no vacation that is scheduled as of March 2 of any calendar year
may be taken in any fashion other than appears on the schedule
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without the written consent of the employee's department head
given no less than three (3) days in advance of the date to be
used.
An employee may bank up to twenty-four (24) hours of
vacation time annually, which may be rolled over from year to
year. With the Department Head and City Manager’s approval, an
employee may bank an additional twenty-four (24) hours of
vacation time to be rolled over annually.
No less than fifty percent (50%) of the vacation time to
which an employee is entitled during any calendar year shall be
taken in five (5) day increments in accordance with the
applicable schedules. For employees entitled to fifteen (15)
vacation days, ten (10) of the vacation days must be taken in
five (5) day increments.
23.9 Should a paid holiday (Section 26) fall during an
employee's vacation, the next scheduled work day shall be a
vacation day.
23.10 Notwithstanding any other provision in Section 23, an
employee may convert up to 120 hours unused vacation time to
sick leave, which would occur in December of every year. City
may promulgate reasonable rules and forms to implement this
provision. The converted hours are subject to the limitations
of paragraph 24.2.
SECTION 24 - SICK LEAVE
24.1 Employees shall earn sick leave on a bi-weekly basis for
straight hours actually worked. Employees shall earn 0.0461
hours of sick leave per straight time hour actually worked.
Employees may not earn more than 96 hours of sick leave within
26 pay periods.
24.2 If unused, sick leave may be accumulated up to a maximum
of one hundred thirty-two (132) days for all employees subject
to this Agreement. Any employee who has accumulated one hundred
thirty-two (132) days of unused sick leave may be compensated
consistent with payout options stipulated on form “Request for
Cash-out of Accumulated Sick Leave – Non-Union, Clerical, and
517M Unit 2 Employees” available in the Finance Department.
Any employee or employees who have accumulated one hundred
thirty-two (132) days of unused sick leave may, in writing,
contribute fifty (50%) percent of additional unused and
accumulated sick leave in excess of one hundred thirty-two (132)
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days to a "sick leave bank" which may be drawn upon by employees
of the Bargaining Unit in accordance with standards and
procedures set up by a committee comprised of those individuals
in the Bargaining Unit who have made the contributions to the
Sick Leave Bank.
24.3 Sick leave shall be canceled for time an employee would
have worked during the normal work week, and shall be paid for
at the rate an employee would have worked during the normal work
week, and shall be paid for at the rate an employee would have
earned on that particular day, exclusive of overtime, shift
premium or any other supplemental pay. Sick leave shall be
taken in increments of fifteen (15) minutes.
24.4 An employee may request anticipated sick leave during the
first year of employment which, if granted, shall be deducted
from future earned sick leave.
24.5 Sick leave will be taken only for the following reasons,
and will be compensated for under the following conditions:
For a service-connected disability other than that for which the
employee receives Workers' Compensation insurance benefits for
lost time, any illness an employee may contract preventing his
ability to perform normally and safely at work or any exposure
to contagious disease he may experience through which the health
of others would be endangered by his attendance on duty; and
injury or illness in his immediate family which requires his
presence away from work. For the purposes of this Section, the
immediate family shall consist of spouse, parent, child,
mother-in-law and father-in-law. Also any non-duty disability
an employee may sustain, excepting therefrom injury that may be
sustained while being temporarily in the employ of another
during his off-time or such injury that may be sustained in
conjunction with his conviction of the violation of an ordinance
or law. Sick leave shall also be taken for medical and dental
appointments scheduled and verified to the Employer in advance.
Such absence shall be deducted from sick leave on a fifteen (15)
minute basis.
24.6 An employee disabled and absent from duty as a result of a
service-connected injury incurred in the employment of the City
shall receive his straight-time salary without deduction from
accumulated sick leave for the period of said disability and
absence but not to exceed five (5) consecutive working days
commencing with the date of injury. All Workers' Compensation
received during this period shall be turned over to the City.
Sick leave will be applied to lost time and deducted for
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service-connected disability other than that for which the
employee receives Workers' Compensation insurance benefits for
lost time, only upon receipt of a statement signed by the City
physician to the effect that the injured employee is unable to
perform the regular duties or such other temporary tasks
available in the framework of City functions, in which event
said employee's earned sick leave shall be used at the rate of
one (1) sick leave day for each day of such service-connected
disability until such sick leave accumulation has been
exhausted, unless the City Commission shall authorize an
extension of leave in the manner provided in Section 25.10
hereof.
An employee's absence from duty due to a service-connected
disability for which he is receiving Workers' Compensation
benefits shall not be compensated for or deducted from his sick
leave unless he shall elect to be paid the difference between
the benefits of Workers' Compensation received by him for such
service-connected disability and his normal wage or salary; in
which event, said employee's earned sick leave shall be used at
the rate of one-third (1/3) sick leave day for each day of such
service-connected disability until such sick leave accumulation
has been exhausted, unless the City Commission shall authorize
an extension of leave in the manner provided in Section 24.9
hereof.
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 shall receive no economic accruals
except as specifically stated in the following subparagraphs:
A. "Seniority" shall continue to accrue (for example, if
the employee is injured in the course of his employment in his
tenth year of employment and returns to work three years later,
his seniority shall be as a thirteen-year employee).
B. Sick leave shall continue to accumulate at the rate of
one day per month, not to exceed twelve days per year, for a
period of one year following the date of injury. Sick leave
shall not accrue nor accumulate past one year from the date of
injury.
C. Vacation time shall not be accrued, accumulated or
paid to an employee for any time when the employee has not
worked.
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D. Longevity pay shall not be accrued, accumulated or
paid to an employee for any time when the employee has not
worked.
E. Holidays shall not be accrued, accumulated or paid to
an employee for any time when the employee has not worked.
F. Personal leave days shall not be accrued, accumulated
or paid to an employee for any time when the employee has not
worked.
G. 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 Section 23, Vacations. Any vacation days
accumulated but not used prior to the injury in excess of the
maximum under Section 23 shall be paid to the employee in the
year in which the employee returns to duty.
24.7 A medical certificate shall be required in the absence of
reasonable evidence of an employee's illness, an illness or
injury in his immediate family, or injury that prevented his
attendance at work for a period in excess of four (4) days
before compensation for the period will be allowed. A medical
certificate shall be required in the absence of reasonable
evidence of an employee's illness or injury that prevented his
attendance at work for any length of absence after an employee
has taken four (4) 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 "four (4) separate periods
of sick leave in any calendar year", an employee will not have a
"separate period" credited to him if a medical certificate is
provided as to such sick leave. Following four (4) 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 his immediate family is subject to a severe or
chronic illness of substantial duration.
A "medical certificate" shall be either a completed form
provided by the City or a completed form from some other source.
A supervisor has the right to refuse any form which is not the
City's form and the employee shall have two (2) work days to
return the City form. An original signature is not required in
the City's medical form.
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24.8 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.
24.9 In an event of a confining illness and provided the sick
leave accumulation has been exhausted, the City Commission may
authorize an extension of leave to the extent of five (5) days
for each year of service, not to exceed an additional sixty (60)
working days. Provided however that, in the case of an employee
who shall have been in the City service for more than fifteen
(15) years, such additional leaves may be extended not to exceed
six months instead of sixty working days.
24.10 No compensation for sick leave will be authorized if the
employee fails to notify the City by the starting time pursuant
to Section 50.
24.11 Upon termination of employment under honorable conditions,
the employee will be compensated at the rate of one hundred
(100%) percent of the value of the accumulated unused sick
leave, providing the employee has worked a minimum of twelve
(12) consecutive months.
24.12 In the event of lay-off, the displaced employee on recall
may use accrued sick leave compensated at the rate of one
hundred (100%) percent of the value of the accumulated sick
leave providing the employee has worked a minimum of six (6)
consecutive months.
24.13 On June 1 of each year, the City shall prepare a list of
employees who have 130 or more hours of accumulated hours in
sick leave bank. Such list shall be provided to the Union as
soon as practical after its preparation. The list is valid
until the following June 1 list is prepared and disseminated.
The provisions of Section 25.14 are not applicable to any
employee on the above-referenced list. For employees not listed
on the above-provided list, if an employee is absent without
time in their sick leave bank to cover such time, the employee
shall be charged for the "cost of benefits." The "cost of
benefits" shall be 50% of the employee’s actual pay. (By way of
example, if an employee not listed on the above-referenced list
had 16 hours in their sick leave bank, and was absent Monday,
Tuesday, and Wednesday, the employee would be paid and not
charged for their benefits for Monday and Tuesday. The employee
would not be paid and would be charged the cost of benefits for
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Wednesday.) The charge for the cost of benefits shall be
deducted from subsequent paychecks. Employees on approved
leaves, i.e., approved FMLA leave or approved leave from the
Civil Service Commission, shall not be obligated to pay the
"cost of benefits." Employees may cash out unused sick leave in
accordance with the City’s existing program. When an employee’s
sick bank is depleted, he/she may be excused from work and pay
the cost of benefits for four (4) incidents. After the fourth
such incident, for each subsequent incident the employee shall
pay the cost of benefits, the incident will be considered an
unexcused absence and discipline shall be imposed as a Group 1
offense.
SECTION 25 - LEGAL HOLIDAYS TO BE OBSERVED WITH PAY
Legal holidays to be observed with pay are:
A. Paid holidays for City Hall based employees are
designated as follows:
New Year's Day Thanksgiving Day
Martin Luther King's Birthday Day after Thanksgiving
Memorial Day Day before Christmas
Independence Day Christmas Day
Labor Day Day before New Year's
Veteran's Day
B. Paid holidays for non-City Hall based employees are
designated as follows:
New Year's Day Thanksgiving Day
Memorial Day Independence Day
Christmas Day Labor Day
Day before Christmas Day before New Years
C. Paid holidays which fall on Saturday shall be recognized
on the Friday preceding the holiday. Paid holidays which fall
on Sunday shall be recognized on Monday following the holiday,
exclusive of employees who perform the necessary seven-day
continuous operation.
SECTION 26 - PERSONAL LEAVE DAY
26.1 Each employee based at City Hall shall be entitled to two
(2) personal leave day per year. The personal leave time shall
be taken subject to notice twenty four (24) hours in advance of
the time requested. Each employee based at City Hall shall be
entitled to two (2) personal leave days per year. The manpower
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needs as determined by the department supervisor shall prevail
in the scheduling and use of said personal leave. If not
requested, the time is lost and cannot be taken as time off.
Personal leave day benefits may be taken in one-hour increments
if approved by the Department Supervisor.
26.2 Each non-based City Hall employee shall be entitled to
five (5) personal leave days per year. The personal leave time
shall be taken subject to notice twenty four (24) hours in
advance of the time requested. The manpower needs as determined
by the department supervisor shall prevail in the scheduling and
use of said personal leave. If not requested, the time is lost
and cannot be taken as time off. Personal leave day benefits
may be taken in one-hour increments if approved by the
Department Supervisor, except as modified in paragraph 27.6 for
the Water Filtration Plant.
26.3 Personal leave days for the first calendar year of
employment shall be granted on a pro rata basis as follows:
Hired In Non-City Hall City Hall
January 5 2
February 5 2
March 4 2
April 4 1
May 3 1
June 3 1
Employees hired after July 1 shall not receive personal leave
days until the following calendar year.
26.4 Between January 1 and November 1, if an employee requests
personal leave time one (1) week in advance of the beginning of
the next pay period, it is granted and then canceled, the
employee shall be paid for the day and the day removed from his
bank. If necessary notice is not given or the personal leave
day is not granted, the personal leave day shall be rescheduled.
26.5 Between November 2 and December 31, personal leave time
which is requested and denied shall be rescheduled or lost.
26.6 At the Filtration Plant, personal leave days taken during
the second shift, during the third shift, on a Saturday, on a
Sunday or on a holiday may be taken in a half day increment.
Notwithstanding any other provisions of this contract, the City
may schedule in four hour increments a non-rotating shift
employee at straight time pay to cover the personal leave day
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SECTION 27 - BEREAVEMENT LEAVE
27.1 In the event there is a death in the immediate family of an
employee, consisting only of spouse, parent, grandparent, child,
brother, sister, mother-in-law, father-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, and grandchild,
and the employee attends the funeral service, such employee
shall be granted a three (3) day leave of absence with full pay.
An employee shall be granted one (1) day absence with pay in the
event of a death in the family of such employee other than
hereinbefore set forth; provided the employee attends the
funeral service.
27.2 There shall be no bereavement leave for friends, other
than fellow employees. Up to one 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, and the
Department Head will consider the needs in determining the
number of employees to receive time off.
27.3 Provided that 24-hour notice is submitted, bereavement
leave shall be credited to the pay period in which it is taken.
27.4 Up to five (5) days 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 Section), provided that the employee
is required to travel either outside the State of Michigan, or
250 miles, in order to attend the funeral service, and to
provide documentation thereof.
27.5 An employee may use one of the five (5) days (sick leave
used for bereavement leave), set forth in .4 above, each year to
attend the funeral of a friend.
27.6 In the event there is a death in the immediate family of
an employee, consisting only of spouse, parent, grandparent,
child, brother, sister, mother-in-law, father-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law and
grandchild and the employee attends the funeral service, such
employee shall be granted a five (5) day leave of absence with
full pay provided that the employee is required to travel five
hundred (500) miles one way in order to attend the funeral
services. Documentation is required.
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27.7 Unless the funeral is on a Saturday or Sunday, one of the
days off must be the day of the funeral, with all other days off
being either immediately before or immediately after the day of
the funeral.
SECTION 28 - MILITARY LEAVES
28.1 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 hereinafter, is a member of
the Armed Forces of the United States, State of Michigan.
28.2 Such leave of absence shall be granted 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 in addition
thereto, shall be entitled to the rights and privileges
authorized by said Veterans Preference Act with respect to
status and re-employment.
28.3 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. The City
shall pay the difference between gross military pay and gross
straight time City pay. Such leaves are not to exceed two (2)
calendar weeks (ten (10) work days).
28.4 Employees who have been in the armed services of the
United States, under military leave from the City of Muskegon,
shall upon reinstatement to employment be given credit for
accumulated sick leave and vacation for the time spent in the
armed services, the same as though the time spent in the
military service had been spent in the employment of the City of
Muskegon, providing that such employee has received an honorable
separation from the armed services.
SECTION 29 - MATERNITY LEAVE
Maternity leaves shall be controlled and governed by applicable
state and federal laws.
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SECTION 30 - UNPAID LEAVES OF ABSENCE
30.1 Employees elected or appointed to Local 517M Union office
shall be eligible for unpaid leaves of absence during tenure in
office. Seniority of the employee shall not accumulate during
leaves of absence under the above condition.
30.2 An unpaid leave of absence may be granted for personal
reasons for a period not to exceed thirty (30) days, upon
application of the employee to, and approved by, the department
head. Such leaves of absence shall not be renewed, but
seniority shall accumulate during such leave, not to exceed
thirty (30) days.
30.3 Any employee who does not report back to work by the
expiration date of any approved leave of absence as set forth in
the leave of absence notice, or does not receive an approved
extension, or who accepts other employment while on leave from
the City (unless such employment has been specifically approved
in the leave of absence request, or is otherwise provided for in
this Contract) or who withdraws his or her retirement savings,
will be considered to have terminated his or her employment with
the City. (If revisions are made available through amendments
of the current retirement system so as to provide a method of
the employee utilizing such monies as they may have accumulated
in the retirement fund, then this Section shall not be construed
to prohibit participation in such programs by the employees
covered by this Agreement.)
30.4 Leaves of absence may be extended upon written
application of the employee which shall be submitted not less
than five (5) days prior to the expiration date of the expiring
leave of absence. Such extensions of leaves of absence shall be
approved in advance by the appointing authority and the Civil
Service Commission (concerning matters of which they exercise
jurisdiction), and/or such other persons possessing the
authority to grant such extensions. Disposition of all requests
for leaves of absence and extensions thereof shall be in
writing.
SECTION 31 - JURY DUTY
31.1 An employee who is summoned and reports for jury duty
(except for season employees)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 by working during straight-time hours for the Employer on
that date and the daily jury-duty fee paid by the courts, not
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including travel allowances or reimbursements of expenses, for
each day on which he reports for, or performs, jury duty, and on
which he otherwise would have been scheduled to work for the
Employer. The employee shall notify the supervisor not later
than the day following receipt of the subpoena of the dates of
absence required by jury service. Jury duty includes witness
service by subpoena.
31.2 An employee working at the Filtration Plant who is
summoned for jury duty shall notify his supervisor promptly of
the dates for jury service. If the employee is not scheduled to
work first shift on the scheduled dates of jury service, the
employee and supervisor shall attempt to have the dates for jury
service changed to correspond with the employee's scheduled
first shift. If the dates for jury service cannot be changed,
the supervisor shall change the work schedule so that the
employee is working the first shift during the dates of jury
service.
SECTION 32 - HEALTH AND WELFARE
32.1 The City shall make reasonable provisions for the safety
and health of its employees during the hours of their
employment, and shall provide protective devices and other
equipment necessary to protect the employees from injury and
sickness and in conformity with statute. The City may require
the wearing of safety toe shoes. If so required, the employee
shall purchase and wear the shoes.
32.2 The City shall provide and maintain health and restroom
facilities for their employees that will meet not less than the
minimum requirements of Michigan State Labor Law.
32.3 The Employer may require a physical examination of
employees who have been on sick leave in excess of thirty(30)
calendar days before returning them to active employment. Such
physical exam shall be by Employer-designated physician and
shall be at the Employer's expense. There shall be no lost time
charged to the employees as a result of the requirement.
A. The employee shall notify the Employer immediately of
any return-to-work clearance by examination of a physician, and
present the same in writing upon return to duty.
32.4 A. The City will provide safety glasses to those
employees whose classification and job activities may contain
potential hazard of eye injury and compliance with applicable
State and Federal laws and standards.
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B. The City agrees to pay 100% of the cost for the first
pair of safety glasses, selected by the City, for each employee
whose job activities are potentially eye hazardous. The Safety
Director will determine which job activities require safety
glasses.
C. The City agrees to pay 100% of the cost of replacement of
safety glasses, selected by the City, in the following cases:
(1) The safety glasses are damaged due to an on-duty
accident which requires replacement under applicable State and
Federal laws and standards.
(2) At the end of two (2) years following the employee's
receipt of the original pair of safety glasses, the employee
requires a different prescription.
D. As a condition of employment: Safety glasses supplied by
the City to an employee must be worn at all times during the
employee's presence on or near the job where machines or
operations present hazard of flying objects, liquids and
hazardous conditions. An employee who refuses to wear safety
glasses shall be subject to the disciplinary procedure.
E. An employee reporting to work or job activity without
their safety glasses may not receive pay, recognition of time
for pay or overtime computation until the employee returns to
work with safety glasses.
F. The employee will sign a receipt for their safety glasses
and authorization to the City to deduct from their next paycheck
the cost for replacement due to causes other than an on-duty
accident. This applies to the first and all subsequent pairs of
safety glasses.
32.5 The City may adopt, modify and repeal a safety incentive
plan. Any discipline to be imposed for violating safety rules
shall be imposed by the direct supervisor of the disciplined
employee.
32.6 The City will reimburse an employee for the amount the
employee spends in a year to purchase work boots and work-
related clothing, up to a maximum of three hundred ($300)
dollars per year, if the employee provides a receipt showing
that the employee purchased such items. The “year’ for purposes
of this reimbursement is the city’s fiscal year (July 1 to June
30). Any partial fiscal years included in the term of the 2022-
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2025 contract will include a prorated amount of the full three
hundred ($300) reimbursement.
SECTION 33 - MEDICAL
33.1 Employees disabled by illness or disability incurred in
their employment with the City may be given employment in any of
the various departments of the City, if their ability to
accomplish gainful employment permits. The extent of such
abilities shall at all times be controlling.
33.2 The employee or City may request an examination by a
licensed physician to determine the employee's physical ability
to be employed and to perform the duties of the available
position. If the employee requests the examination by other
than the City's physician, said employee shall be liable for the
cost incurred, unless otherwise agreed upon between the City and
the Union, and further that such examination is not covered by
Workers' Compensation.
33.3 In the event the employee should be required to receive
medical examination as a condition of employment, and shall
elect to receive said attention from other than the physician
provided by the City, the employee shall be responsible for the
payment of cost incurred.
SECTION 34 - INSURANCE
34.1 The City agrees to provide for, and on behalf of,
employees and certain retirees as defined hereinafter, a group
health plan, which includes the base plan with coverage of a
semi-private per diem room rate charged by hospitals in the
Muskegon area, and major medical coverage with a cap of $150,000
per person. Effective January 1, 1995, the major medical
coverage cap shall increase to $225,000 per person. Effective
January 1, 1998, the major medical coverage cap shall increase
to $300,000 per person effective January 1, 2005, the major
medical coverage cap shall increase to $350,000 per person.
Effective January 1, 2009, the major medical cap per person is
$500,000.
34.2 This health plan shall include dependents and retirees
under the age of 65. For those who retire after January 1,
1998, this health plan shall include dependents and retirees
until eligibility for Medicare. For retirees who retire after
12/31/04, excluding duty and non-duty disability until regular
retirement, retiree dependents are limited to the spouse and
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dependents of the retiree at the time of retirement, and no
other dependents to be added after retirement.
34.3 The City agrees to pay during the premiums for group
term-life insurance on the life of each employee in the face
amount equal to the base wage of each employee, but in no event
shall the amount of said life insurance be less than $10,000.00.
34.4 Retirees over the age of 65, and their eligible
dependents, shall be covered under the existing benefits known
as the "Supplement to Medical Plan" for the duration of this
Agreement.
34.5 If either party requests to negotiate a change or
modification of the present insurance program, a thirty (30) day
notice to the other party is required.
34.6 The City shall maintain the dental insurance plan, as
agreed upon, for and on behalf of the employees within this
bargaining unit and their eligible dependents. Dental plan is
to include preventative dental service and increase the
orthodontic maximum from $1,500 to $2000 effective January 1,
2009.
34.7 Effective January 1, 2005, co-pays for generic drugs
shall be increased to $20 and brand name drugs to $40 for
individuals in the traditional plan. If there is no generic
brand, then the generic brand co-pay applies.
34.8 Effective January 1, 2005, through March 25, 2006, the
City will pay the full cost of the traditional hospitalization
insurance. The employee may elect to receive coverage by the
HMO with any charge paid by the employee, but not to exceed $20
per month.
Effective January 1, 2012, the employees’ health insurance
premium co-pay shall be increased to 10% of the premium paid by
the City on behalf of the employee, to be deducted from his/her
paycheck.
34.9 For non-emergency inpatient hospital or surgical care,
covered employees or dependents shall be required to seek a
second opinion, at the City's expense, prior to incurring
hospital or surgical expenses. Failure to obtain a second
opinion will result in a $250 deductible for such service.
34.10 For employees who leave City employment after January 1,
1989, except to the extent the employee qualifies for
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immediately payable benefit from the General Employees
Retirement System, retiree health benefits will be limited as
follows:
10 years 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
Effective when implemented for non-represented employees, new
hires will not be eligible for any city-provided health or
medical benefits when they retire. Instead, the City and the
employee will each put 2% of pay into a Health Care Savings Plan
(HCSP).
34.11 Effective August 1, 1998 the Employer agrees to pay the
premiums for optical insurance with a benefit level consistent
with that provided to non-represented employees.
34.12 LONG-TERM DISABILITY. Effective on the first day of the
month after enrollment, a long-term disability insurance policy
shall be provided for members of this unit.
34.13 The City’s payment of the Health Reimbursement Account
(HRA) deductible ($1000 per individual; $2000 per double or
family) is contingent upon both the employee and spouse (if any)
participating in the wellness program.
SECTION 35 - LONGEVITY PAY PLAN - RULES AND REGULATIONS
35.1 All employees with five (5) years or more of service will
be eligible for longevity pay. Semi-annual payments to 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
Longevity payments shall be based on a maximum salary of
$15,000. If any other collective bargaining agreement involving
the City provides for a Longevity Pay Plan in an amount greater
than provided here, the bargaining unit members covered by this
collective bargaining agreement shall receive the same benefit.
35.2 Any employee who reaches 5, 10, 15, 20 or 25 years of
service on or before June 30th, and is on the payroll as of June
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1st, will be eligible for one-half (1/2) the longevity payment
in June and each successive semi-annual payment in December and
June thereafter. Any employee who reaches 5, 10, 15, 20 and 25
years of service on or before December 31st, and is on the
payroll as of December 1st, will receive one-half (1/2) the
longevity payment in December and each successive semi-annual
payment thereafter.
35.3 During the calendar year in which an employee retires
under one of the City's retirement plans, he shall be entitled
to receive, at the time of the semi-annual payment of longevity,
a pro-rated portion of his longevity pay based on days worked.
35.54 All compensation for employees is subject to deduction
for income tax, retirement, and social security benefits.
SECTION 36 - WAGE AND SALARY AGREEMENT
36.1 A wage and salary agreement set forth in Appendix A
attached hereto shall be observed during the term of this
Agreement. 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.
36.2 There shall be neither pyramiding of overtime provisions
in the Agreement nor pyramiding of overtime provisions with
shift premiums.
36.3 During the life of this Agreement, including extensions
of same, the City shall not be obligated to provide any
cost-of-living allowance to employees within this bargaining
unit and the cost-of-living allowance agreed to in prior
agreements shall be frozen, except as provided for in paragraph
36.5.
36.4 Should a new job be classified under new duties, the
parties will negotiate for the purpose of determining where that
job should be placed within the Rate Agreement established.
36.5 The wage and salary schedule attached as Exhibit A
reflects a 5% to 7% increase effective January 1, 2022 depending
upon the position, a 3% to 5% increase effective January 1, 2023
depending upon the position, a 2% to 5% increase effective
January 1, 2024 depending upon the position, and a 3% increase
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effective January 1, 2025. The percentage increase reflected on
Exhibit A shall be the minimum increase. For pay rates
effective January 1, 2023 and each January 1 st thereafter, to the
extent that the October 12-month Consumers Price Index for the
Detroit-Warren-Dearborn, Michigan all items, not seasonally
adjusted, is greater than the increase reflected on Exhibit A,
then those position which would not receive an increase equal to
the increase of the Consumer Price Index shall receive an
increase commensurate with the increase in the Consumer Price
Index. (For instance, if the Consumer Price Index between
October 2021 and October 2022 increases by 4%, then those
positions receiving a 3% increase reflected in Exhibit A would
receive a 4% increase, those positions receiving a 4% increase
reflected in Exhibit A would receive a 4% increase and those
positions receiving a 5% increase reflected in Exhibit A would
receive a 5% increase. This process is repeated for January 1,
2024 and January 1, 2025.) No later than November 15, 2022 and
each November 15th thereafter, City shall recalculate Exhibit A,
provide the revised Exhibit A to the Union and implement the
revised Exhibit A if the Union does not file a grievance with 5
business days of being provided the revised Exhibit A. If the
Union files a grievance concerning the proposed revised Exhibit
A, then salary and wages shall remain the same as paid in the
then current year until the issue is resolved or an arbitration
award is issued and the appeal period has expired.
36.6 If the City is unable to fill a position with the
current" pay range, City shall establish a "new" pay range for a
classification, after notifying the union, offering to bargain
the "new" range and, if necessary, implementing the "new" range.
City may start an employee anywhere on the "new" range but a
current employee in that classification must be paid at least as
much as the new hire. (This does not give the City the right to
place a new employee at other than the start rate on a current
pay range.)
36.7 The 5 Years rate shall be set in Appendix A consistent
with Section 36.5. The start rate shall be 80% of the 5 Year
rate for salary job classifications and 85% of the 5 Year rate
for hourly job classifications. There shall be seven (7) steps
between the start rate and the 5 Year . An employee shall move
from Start rate to 6 Months upon satisfactorily completing
probation. Progression from one step to the next step,
excluding the move to 6 months, shall occur on July 1 of each
year.
36.8 In addition to Section 36.6, City may start a new
employee at the 6 Months rate and advance the new employee to
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the 1 Year rate after 6 months, so long as the employee has
passed probation, with all subsequent advances occurring on July
1, as provided for in Section 36.7.
36.9 Each employee on the payroll as of January 1, 2022 shall
receive a one-time signing bonus of $700.
SECTION 37 - GENERAL
37.1 The City will furnish in each department a bulletin board
to be used by the employees and the Union to post their notices
and information.
37.2 Notices and announcements on the bulletin board shall not
contain anything political or controversial, nor anything
reflecting upon the City, any of its employees, or any labor
organization among its employees, and no material notice of
announcement which violates the provisions of this Agreement
shall be posted. Any Union-authorized violation of this
paragraph shall entitle the City to cancel immediately the
provisions of this paragraph and remove the bulletin board.
37.3 Any employee represented by the Union who is required to
furnish his personal vehicle for the purpose of transacting City
business shall be reimbursed for mileage expense at the current
rate as established by the City, provided however that the
direct assignment of an employee to one of the City's dispersed
facilities, without reporting to the normal base of operation,
shall not be construed to mean the use of private vehicle for
transacting City business.
SECTION 38 - SUPERVISION WORKING
38.1 Supervisory employees shall not be permitted to perform
bargaining-unit work except in the following types of
situations: An expediency arising out of unforeseen
circumstances which calls for immediate action; in the
instruction or training of employees, demonstrating the proper
method to accomplish a task assigned.
38.2 Should the above paragraph be violated, the employee
eligible under the provisions of equalization of overtime shall
be paid all such work time lost at the applicable rate of pay.
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SECTION 39 - STATE OF EMERGENCY
In the event of a catastrophe, natural or otherwise, affecting
the City of Muskegon so as to necessitate a declaration of a
state of emergency by the Mayor of the City, the City Manager,
or the designated spokesman, the employees of the City service
covered by this Agreement may be called upon to perform their
respective duties without invoking the provisions of notice
contained herein.
SECTION 40 - SEPARABILITY
40.1 In the event that any of the provisions of this Agreement
shall become invalid or unenforceable, such invalidity or
unenforceability shall not affect the remaining provisions
hereof.
40.2 It is further provided that in the event any provisions
are so declared to be in conflict with any law superseding this
Agreement, both parties shall meet within thirty (30) days for
the purpose of renegotiating the provision, or provisions, so
invalidated.
SECTION 41 - VALIDITY
41.1 The Union and the City agree that in the event that the
provisions of the Agreement shall be in conflict with existing
rules, regulations and/or ordinances officially abridged,
delegated or modified by the terms of the Agreement, the terms
of the Agreement shall prevail. This collective bargaining
Agreement supersedes any other City Ordinances dealing with
wages, hours, and terms and conditions of employment. However,
when not negated by the provisions of this agreement, the Civil
Service Rules and Regulations and Personnel Policies of the City
shall apply.
41.2 Any new Civil Service Rules having a bearing on hours,
wages, or working conditions shall be negotiated with the
Employer, and agreed to before application.
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SECTION 42 - MAINTENANCE OF CONDITIONS
42.1 Any and all working conditions, hours of work and rates
of pay not abridged or modified by this Agreement shall remain
in full force and effect. All disputes arising out of this
clause shall be submitted to a Joint Committee composed of two
(2) representatives of Management and two (2) representatives of
the Union. Should the dispute not be resolved by this Committee
within five (5) working days, this Committee shall commence
negotiations on a supplemental agreement on the matter in
dispute. Any supplemental agreement ratified by the parties to
this Agreement shall prevail for the period commencing with the
effective date of said supplemental agreement and continue until
the expiration date of this Working Agreement.
42.2 No unilateral action shall be taken by either party
pursuant to such dispute arising until the above provisions have
been exhausted.
42.3 No subject in dispute arising under this clause shall be
submitted to arbitration proceedings.
42.4 It is acknowledged that during the negotiations which
resulted in the agreement, both the Union and City 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 City 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.
SECTION 43 - NO STRIKE - NO LOCK-OUT
There shall be no strikes by the Union, or Lock-Outs by the
City, during the life of this Agreement or any extension
thereof. During the term of this Agreement, the Union agrees
that it will not engage in, initiate, authorize, sanction,
ratify or support any strike, slow-down, stay-in, or other
curtailment or restriction of City operation, or interfere with
the work in or about the City premises.
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SECTION 44 - NON-DISCRIMINATION AND
EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION
The Employer and the Union agree that the provisions of this
Agreement, in accordance with applicable federal and state laws,
shall be applied equally to all employees without discrimination
as to race, color, religion, sex, age, national origin, height,
weight or marital status. The Union acknowledges that the City
of Muskegon may adopt and implement an affirmative action plan
for hiring purposes only. The Union will be afforded a copy of
the affirmative action plan after it is adopted by City
Commission. As long as the plan effects only hiring, the
parties agree that the plan is a management right.
SECTION 45 - RESIDENCY
The union acknowledges the city's desire to encourage residency
but not require such for employees of this bargaining unit. All
employees who were 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 city may adopt, amend, modify or
eliminate any incentive plan to encourage employees to live in
the city. For purposes of any incentive, City 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 incentives as non-union employees.
SECTION 46 - JOB CLASSIFICATIONS AND JOB DESCRIPTIONS
46.1 The parties negotiated written job descriptions for the
classifications represented by the Union and agreed that the
following language will be added to each of said job
descriptions: "Job descriptions are official records which
indicate seniority groupings, primary functions, tools and
equipment of various jobs. They are not absolutely controlling
upon the assignment of work, nor do they spell out accurately or
completely all the duties and responsibilities of a job. Their
function is to identify jobs for purposes of wage determination
and provide a permanent record of the ratings applied and the
principal characteristics of the job."
46.2 All employees in the position of Mechanic are required as
a condition of continued employment to be state certified as a
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Master Mechanic. Applicants for the position of Mechanic must
have passed four parts of the Master Mechanic certification at
the time of appointment and must be a state certified Master
Mechanic by completion of probation.
46.3 In all Leisure Service facilities, LSM II’s are permitted
to use any piece of equipment. To the extent that an LSM II has
a CDL with an A endorsement, the individual shall be paid the
same as Equipment Operator.
46.4 It is the employee’s responsibility to keep all
certificates current and licenses required by job descriptions
or compensation current. Failure to maintain such may result in
the employee being taken off payroll until the certifications
are obtained.
46.5 During the term of this contract, the Union will work
with Civil Service on updating job descriptions.
SECTION 47 - CONTRACTING OUT WORK
47.1 The City agrees that work customarily done by the
Bargaining Unit will not be contracted out as long as the City
has operable equipment and qualified employees available to do
the work which is required, provided that the cost of doing the
work in house will not exceed the cost of contracting the work
out. In any event, no subcontract shall be entered into without
the City 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 the members of the bargaining unit. Upon the expiration of
a given subcontract, the Union shall have the right, upon thirty
(30) days' advance written notice and/or demand, to negotiate
the issue of whether bargaining unit members can perform the
work at a cost savings to the City from that of contracting the
work out.
47.2 General labor work of the type normally performed by
employees of this bargaining unit may be performed by people
assigned through a prison, jail or court ordered program, e.g.,
Camp Muskegon personnel, Muskegon County Jail prisoners, etc.
The City may use such programs only if the City in the current
month is employing the same number of seasonal employees, to a
maximum number of fifteen (15), as were employed in the same
month in the previous year. The maximum number of protected
positions, fifteen (15), which must be filled prior to the use
of prisoners in the month in question, shall consist of ten (10)
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seasonal maintenance workers, which shall be hired first, and
five (5) seasonal laborers.
Seasonal maintenance workers not on the recall list shall be
selected in the sole discretion of management.
By way of further explanation, if in a given month in the
previous year the City was not employing any seasonals, the
prison programs may be utilized without regard to employment of
seasonal maintenance workers or seasonal laborers. If in the
same month in the previous year there were twelve (12) seasonal
maintenance workers and/or seasonal laborers employed, the City
must employ ten (10) seasonal maintenance workers and two (2)
seasonal laborers prior to the utilization of any prison program
for that month. If in the same month in the previous year there
were in excess of fifteen (15) seasonal maintenance workers
and/or seasonal laborers employed, the City must employ ten (10)
seasonal maintenance workers and five (5) seasonal laborers
prior to the utilization of any prison program for that month.
The prison programs may not supplant full-time non-seasonal
employees or result in the layoff of full-time non-seasonal
employees or the continuance thereof. The prison program is
intended to supplement the City work force as constituted for
normal City work."
SECTION 48 - DRIVERS LICENSE
48.1 For all employees who are required as part of their job
description to possess a valid Michigan motor vehicle operator's
license, it is the employee's obligation to inform the employer
upon the revocation or suspension of the employee's Michigan
motor vehicle operator's license. Should the employee fail to
divulge the revocation or suspension and the employer discovers
the revocation or suspension, discipline may be imposed as a
Group 2 offense. If at the end of the disciplinary suspension
the employee does not have valid, Michigan motor vehicle
operator's license, then the employee shall request a leave of
absence as permitted under the contract.
48.2 If an employee's Michigan motor vehicle operator's
license is suspended or revoked and the employee notifies the
employer of such, the employee shall receive authorized unpaid
twenty-four (24) hours (one (1) day) leave to obtain a valid
Michigan motor vehicle operator's license. If the employee is
not able to obtain a valid Michigan motor vehicle operator's
license within the twenty-four (24) hours (one (1) day), then
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the employee shall request a leave of absence as permitted under
the contract.
48.3 If an employee's Michigan motor vehicle operator's
license is suspended or revoked, the employer may require the
employee to continue working doing jobs which do not require
possession of a valid Michigan motor vehicle operator's license.
The employer's option shall be in the sole discretion of the
employer. The employer's decision as to a given employee shall
have no impact or effect on the decision relative to another
employee.
48.4 For purposes of promotion, the Civil Service Commission's
rules relating to reviewing driver’s license history as attached
in Appendix E shall be applicable to members of this unit
effective January 1, 1998. The rules shall not apply in
situations of determining who should be laid off or recalled
pursuant to Section 14. Other sanctions due to drivers licenses
are not affected by this subsection.
SECTION 49 - CALL-IN PROCEDURE
49.1 All employees who will be absent from work must call in
by the normal starting time, unless there is a reasonable
explanation as defined by Appendix G. An employee who fails to
call in before the normal start time shall be disciplined as a
Group 1 offense.
An employee who calls in late, even if not disciplined, will not
be paid for that day and will not be allowed to use a sick leave
day, personal leave day or vacation day in order to be paid that
day.
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 specified in Section 25.8 or
authorized in the supervisor's discretion.
49.2 The City shall establish a central 24 hour telephone
number or service for employees to contact if the employee will
be absent. Employees are to contact the central number or
service in order to comply with Section 50.1.
SECTION 50 - COMMERCIAL DRIVERS LICENSE
50.1 The following positions are required to obtain and
maintain the appropriate type of C.D.L. with pertinent
endorsements.
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Classification Type Endorsement(s)
Electronics Technician B Air Brakes
Maintenance Electrician B Air Brakes
Sign Fabricator B Air Brakes
Mechanic A Air Brakes, Tank
Water & Sewer Maintenance Worker B Air Brakes, Tank
Equipment Operator A Air Brakes, Tank
Traffic Sign Maintenance Worker B Air Brakes
Cemetery Maintenance Worker A Air Brakes
Small Equipment Mechanic A Air Brakes
Leisure Service II A Air Brakes
Leisure Service III A Air Brakes
Horticulturalist A Air Brakes, Tank
50.2 All employees in classifications specified in Section 50.1 shall be
required to have the C.D.L. and endorsements at the conclusion of the
probationary period. If an employee does not have the required C.D.L. and
endorsement by the conclusion of the employee’s probationary period, the
Director of Public Works may extend probation by thirty (30) additional
calendar days upon mutual agreement by the Employer and Union; and provided
the Employer notify the Union and Employee in writing not less than five (5)
days before the expiration of the probationary period. If additional time is
needed beyond the thirty (30) day extension, then the Employer and Union will
discuss. All probationary period extensions will be by mutual agreement
between the Employer and Union. If probation is extended, the employee’s
wages will not change until the employee passes probation. Loss of the
C.D.L. and/or endorsements shall result in termination.
SECTION 51 - DEFINED BENEFIT RETIREMENT PLAN
51.1 ELIGIBILITY. The Defined Benefit Retirement Plan is
applicable only to unit members hired before January 1, 2006.
51.2 TRANSFER TO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM.
Effective April 1, 2007, the assets and liabilities of the City
of Muskegon General Employees Retirement System associated with
City employees represented by Local 517M Unit 2 Service
Employees international Union 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.
51.3 CONTRIBUTION RATE. Employees shall contribute five
percent (5%) of compensation as defined by MERS.
51.4 RETIREMENT BENEFIT. An Employee who retires between
April 1, 2007 and January 1, 2009 shall be entitled to a
retirement benefit pursuant to MERS Benefit Program. For
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Employees who retire after January 1, 2009 and before December
31, 2016, the pension multiplier shall be 2.25% (MERS B-3) of
final average compensation (MERS FAC-3), not to exceed 80% of
employee's final average compensation.
An employee who retires on or after January 1, 2017 shall
receive a bridged benefit as follows:
a) A pension multiplier of 2.25% for service prior to
January 1, 2017 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, 2016; plus
b) A pension multiplier of 2.00% for service on or after
January 1, 2017 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 separation.
The total pension benefit shall not exceed 80% of the
“termination 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.
51.5 DEFERRED RETIREMENT. Effective April 1, 2007 a former
Employee who is vested (MERS V-10) 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.
51.6 DISABILITY BENEFITS. Effective April 1, 2007 an
Employee eligible for disability benefits, as determined by
MERS, shall receive those disability benefits afforded by MERS
(MERS D-2).
51.7 RETIREMENT ELIGIBILITY. Vested employees are eligible
to retire at age sixty (60) or at age fifty-five (55) with
thirty (30) years of service (MERS F55/30).
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51.8 WITHDRAWAL OF EMPLOYEE CONTRIBUTIONS. To the extent
allowed by MERS, an Employee who retires on or after April 1,
2007 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.
51.9 OUTSTANDING SICK LEAVE. Accumulated sick leave hours
paid out at retirement at three-quarters rate under Section
24.12 will be re-classified 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
Employee's frozen or termination FAC computation will be 144
hours.
51.10PURCHASING ADDITIONAL SERVICE CREDIT. To the extent
allowed by MERS, members may purchase additional service credit
at actuarial cost.
51.11POST-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.
SECTION 52 – DEFINED CONTRIBUTION RETIREMENT PLAN
52.1 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.
52.2 CONTRIBUTIONS. From January 1, 2006 through December 31,
2018, the City shall contribute three percent (3%) of
compensation. Effective January 1, 2019, the City shall
contribute six percent (6%) of compensation for every employee
covered by this collective bargaining agreement.
Prior to January 1, 2019, the member in this plan may make a
one-time election either not to contribute or to contribute
three percent (3%) of compensation. If the member elects to
contribute, then the City shall match that contribution, dollar-
for-dollar.
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Effective January 1, 2019, for any employee hired prior to
January 1, 2019 and had elected to contribute three percent (3%)
of compensation, the City shall match the contribution dollar-
for-dollar, with the City’s match being limited to 2% of
compensation. An election, which would have been made at the
time the employee was hired, to not contribute shall continue.
For any employee hired after January 1, 2019, the member may
make a one-time election either not to contribute or to
contribute two percent (2%) of compensation. If the member
elects to contribute two percent (2%) of compensation, then the
City shall match that contribution, dollar-for-dollar.
"Compensation" shall be Medicare-taxable wages as reported on
the employee's W-2 Form.
52.3 VESTING. Member contributions, including any member
contributions transferred from the Defined Benefit Retirement
Plan, shall be fully vested when made. City 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 City's payroll
and a member of the Defined Benefit Retirement Plan.
52.5 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.
SECTION 53 - DRUG TESTING
All employees covered by this contract shall be covered by the
City's drug and alcohol policy. Drug testing will be applied as
provided for in Appendix F. Random drug testing will apply only
to employees in positions requiring a C.D.L. as specified in
Section 51.1.
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SECTION 54 - DURATION
This Agreement shall be in effect from January 1, 2022 to
December 31, 2025, inclusive, and from year to year thereafter
subject to sixty (60) calendar days' notice in writing prior to
the expiration of this Agreement of a desire to amend or modify
this Agreement. Such notice may be given by either party to the
other, and shall specify the part or parts of the Agreement to
be amended or modified, but shall not be restrictive of the
subjects to be negotiated. All provisions of this Agreement not
specifically amended or modified through subsequent written
agreements shall remain in full force and effect.
54.1 In the event of a failure of the parties to reach an
agreement upon such amendments or modifications by December 31,
2021, all subsequent agreements shall be retroactive not to
exceed thirty (30) calendar days from the date of final
agreement; provided that such retroactivity shall not precede
the expiration date of this Agreement.
54.2 In the event of a failure of the parties to reach an
agreement upon such amendments or modifications through any
agreement subsequent to December 31, 2021, this written
Agreement shall be subject to termination upon thirty (30) days'
prior notice of such action by either party.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
SECTION 55 – 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 he/she shall be allowed
to reject, modify or terminate this collective bargaining
agreement as provided for in the Act.
Remainder of page left intentional blank
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LOCAL 517M, Unit 2
____________________________________
Dated: Labor Representative, Christine
Stressman
____________________________________
Dated: Unit President, Elton Williams
CITY OF MUSKEGON
____________________________________
Dated: Ken Johnson, Its Mayor
____________________________________
Dated: Ann Marie Meisch, Its City Clerk
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TABLE OF CONTENTS
Page No.
SECTION 1 PURPOSE 1
SECTION 2 DEFINITIONS 1
SECTION 3 RECOGNITION 1
SECTION 4 UNION SECURITY 2
SECTION 5 DEDUCTION OF DUES 3
SECTION 6 MAINTENANCE OF DUES 3
SECTION 7 MANAGEMENT RIGHTS 3
SECTION 8 REPRESENTATION 4
SECTION 9 GRIEVANCE PROCEDURE 6
SECTION 10 TIME LIMITS 7
SECTION 11 ARBITRATION AS TERMINAL POINT OF
GRIEVANCE PROCEDURE 8
SECTION 12 SENIORITY 8
SECTION 13 TEMPORARY SEASONAL EMPLOYEES 10
SECTION 14 LAYOFF AND RECALLS 11
SECTION 15 VACANCIES AND JOB OPENINGS 13
SECTION 16 NON-PROMOTIONAL TRANSFERS 14
SECTION 17 PROMOTIONS 14
SECTION 18 WORKING HOURS COVERING STANDARD OPERATIONS 15
SECTION 19 OVERTIME AND HOLIDAY PAY 16
SECTION 20 HOURS OF WORK COVERING NECESSARY
SEVEN-DAY CONTINUOUS OPERATIONS 18
SECTION 21 MEAL PERIODS 19
SECTION 22 REST PERIODS 20
SECTION 23 VACATIONS 20
SECTION 24 SICK LEAVE 23
SECTION 25 LEGAL HOLIDAYS TO BE OBSERVED WITH PAY 28
SECTION 26 PERSONAL LEAVE DAY 29
SECTION 27 BEREAVEMENT LEAVE 30
SECTION 28 MILITARY LEAVES 31
SECTION 29 MATERNITY LEAVE 32
SECTION 30 UNPAID LEAVES OF ABSENCE 32
SECTION 31 JURY DUTY 32
SECTION 32 HEALTH AND WELFARE 33
SECTION 33 MEDICAL 35
SECTION 34 INSURANCE 35
SECTION 35 LONGEVITY PAY PLAN - RULES AND REGULATIONS 37
SECTION 36 WAGE AND SALARY AGREEMENT 38
SECTION 37 GENERAL 40
SECTION 38 SUPERVISION WORKING 40
SECTION 39 STATE OF EMERGENCY 41
SECTION 40 SEPARABILITY 41
SECTION 41 VALIDITY 41
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SECTION 42 MAINTENANCE OF CONDITIONS 42
SECTION 43 NO STRIKE - NO LOCK-OUT 42
SECTION 44 NON-DISCRIMINATION AND EQUAL EMPLOYMENT
OPPORTUNITY - AFFIRMATIVE ACTION 43
SECTION 45 RESIDENCY 43
SECTION 46 JOB CLASSIFICATIONS AND JOB DESCRIPTIONS 43
SECTION 47 CONTRACTING OUT WORK 44
SECTION 48 DRIVERS LICENSE 45
SECTION 549 CALL-IN PROCEDURE 46
SECTION 50 COMMERCIAL DRIVERS LICENSE 46
SECTION 51 DEFINED BENEFIT RETIREMENT PLAN 47
SECTION 52 DEFINED CONTRIBUTION RETIREMENT PLAN 49
SECTION 53 DRUG TESTING 50
SECTION 54 DURATION 51
SECTION 55 EMERGENCY MANAGER 51
SIGNATURES 52
* * * * *
APPENDIX A - Wage Scale Effective January 1, 2022
APPENDIX B - Disciplinary Procedure
APPENDIX C - Water and Master Automotive Service Excellence
(ASE) Licenses
APPENDIX D - Drug and Alcohol Use and Abuse Policy
APPENDIX E - Driving Record Requirements
APPENDIX F - Letter of Understanding Regarding Failure to
Notify
APPENDIX G - 24 Hour Call-In Procedure
AGREEMENT
between
THE CITY OF MUSKEGON, MICHIGAN
A HOME RULE CITY
and
LOCAL # 517M
UNIT 2
SERVICE EMPLOYEES INTERNATIONAL UNION
January 1, 2022 through December 31, 2025
**********
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SALARIED 2022 RANGE Start 6 Months 1 Year 2 Years 3 Years 4 Years 5 Years
Chief Water Operator 63,379.05 $ 66,018.75 68,659.50 71,301.30 73,941.00 76,582.80 79,223.55 5%
Building Inspector $ 59,640.00 $ 61,473.30 $ 63,304.50 $ 65,132.55 $ 66,965.85 $ 68,799.15 $ 70,628.25 5%
Electrical Inspector
Plumbing/Mechanical Inspector
Water Filtration Maintenance Worker $ 50,754.38 $ 52,677.17 $ 54,596.75 $ 56,519.54 $ 58,440.19 $ 60,360.84 $ 62,282.56 7%
Electronics Technician $ 47,639.55 $ 49,371.00 $ 51,105.60 $ 52,839.15 $ 54,572.70 $ 56,304.15 $ 58,038.75 5%
Heating Inspector
Housing Inspector
Housing Rehab Inspector
Maintance Electrician
Water Filtration Plant Operator
Civll Engineer
Chemist 5 45,799.95 47,456.85 49,111.65 50,770.65 $ 52,424.40 54,085.50 55,739.25 5%
Senior Engineering Aid 6 44,168.25 $ 45,755.85 $ 47,344.50 $ 48,930.00 $ 50,521.80 $ 52,108.35 $ 53,692.80 5%
Zoning Environmental Inspector
Maintenance Operator II 42,999.60 $ 44,537.85 $ 46,078.20 $ 47,618.55 $ 49,155.75 $ 50,695.05 $ 52,233.30 5%
Environmental Inspector 41,923.35 43,421.70 44,915.85 46,410.00 47,905.20 49,399.35 50,894.55 5%
Engineering Aide I 40,105.80 $ 41,449.80 $ 42,799.05 44,145.15 $ 45,493.35 $ 46,839.45 $ 48,184.50 5%
Custodian 10 33,106.50 34,231.05 35,358.75 36,483.30 37,615.20 $ 38,742.90 $ 39,868.50 5%
LSM 3 with Tree Trimmer 11 $ 24.77 25.31 25.84 26.39 26.94 $ 27.49 $ 28.02 5%
LSM 3 12 22.77 $ 23.33 $ 23.88 24.42 $ 25.01 25.55 26.10 7%
Horticultura list 13 $ 22.37 $ 22.95 $ 23.49 $ 24.11 $ 24.65 25.24 $ 25.80 7%
Equipment Operator 14 21.47 22.02 22.59 23.12 23.65 24.19 $ 24.73 7%
Inventory and Stock Clerk
LSM 2 with CDL
Maintenance Welder
Mechanic
Sign Fabricator
Traffic Sign Maintenance Worker
Water Meter Service Worker
Water/Sewer Maintenance Worker
LSM 2 15 21.21 $ 21.74 $ 22.27 $ 22.80 $ 23.33 $ 23.88 $ 24.39 7%
Small Equipment Mechanic
LSM 1 16 20.44 $ 20.94 $ 21.45 $ 21.97 $ 22.50 $ 23.01 $ 23.50 7%
Meter Reader
Mechanic's Assistant 17 19.77 20.27 20.75 21.26 21.76 22.26 22.73 7%
Laborer 18 $ 19.20 $ 19.68 $ 20.20 $ 20.64 $ 21.13 $ 21.63 $ 22.11 6%
SALARIED 2023 RANGE Start 6 Months 1 Year 2 Years 3 Years 4 Years 5 Years
Chief Water Operator 65,914.21 $ 68,659.50 $ 71,405.88 $ 74,153.35 76,898.64 $ 79,646.11 82,392.49 4%
Building Inspector $ 62,025.60 $ 63,932.23 $ 65,836.68 $ 67,737.85 $ 69,644.48 $ 71,551.12 $ 73,453.38 4%
Electrical Inspector
Plumbing/Mechanical Inspector
Water Filtration Maintenance Worker $ 53,292.10 $ 55,311.03 $ 57,326.59 $ 59,345.52 $ 61,362.20 $ 63,378.88 $ 65,396.69 S¾
Electronics Technician $ 49,545.13 $ 51,345.84 $ 53,149.82 $ 54,952.72 $ 56,755.61 $ 58,556.32 $ 60,360.30 4%
Heating Inspector
Housing Inspector
Housing Rehab Inspector
Maintance Electrician
Water Filtration Plant Operator
Civil Engineer
Chemist 47,631.95 49,355.12 $ 51,076.12 52,801.48 $ 54,521.38 $ 56,248.92 $ 57,968.82 4%
Senior Engineering Aid 6 45,934.98 47,586.08 $ 49,238.28 $ 50,887.20 $ 52,542.67 $ 54,192.68 55,840.51 4%
Zoning Environmental Inspector
Maintenance Operator II 44,719.58 46,319.36 47,921.33 $ 49,523.29 51,121.98 $ 52,722.85 $ 54,322.63 4%
Environmental Inspector 43,600.28 45,158.57 $ 46,712.48 48,266.40 49,821.41 $ 51,375.32 $ 52,930.33 4%
Engineering Aide I 41,710.03 43,107.79 $ 44,511.01 45,910.96 47,313.08 $ 48,713.03 $ 50,111.88 4%
Custodian 10 34,430.76 $ 35,600.29 $ 36,773.10 $ 37,942.63 39,119.81 $ 40,292.62 $ 41,463.24 4%
LSM 3 with Tree Trimmer 11 25.76 26.32 $ 26.87 27.44 $ 28.02 $ 28.59 $ 29.15 4%
LSM 3 12 23.91 24.49 25.08 $ 25.64 $ 26.26 26.83 $ 27.40 5%
Horticulturalist 13 $ 23.49 $ 24.10 24.66 $ 25.31 $ 25.89 26.50 $ 27.09 5%
Equipment Operator 14 $ 22.55 $ 23.12 $ 23.72 $ 24.28 $ 24.83 $ 25.40 $ 25.96 5%
Inventory and Stock Clerk
LSM 2 with CDL
Maintenance Welder
Mechanic
Sign Fabricator
Traffic Sign Maintenance Worker
Water Meter Service Worker
Water/Sewer Maintenance Worker
LSM 2 15 22.27 $ 22.83 $ 23.38 $ 23.94 $ 24.49 $ 25.08 $ 25.60 5%
Small Equipment Mechanic
LSM 1 16 $ 21.46 $ 21.99 $ 22.53 $ 23.07 $ 23.63 $ 24.16 $ 24.67 5%
Meter Reader
Mechanic's Assistant 17 20.76 $ 21.28 $ 21.78 22.32 22.85 23.37 23.86 5%
Laborer 18 19.77 20.27 20.81 $ 21.26 21.76 $ 22.28 22. 77 3¾
SALARIED 2024 RANGE Start 6 Months 1 Year 2 Years 3 Years 4 Years 5 Years
Chief Water Operator $ 67,891.64 $ 70,719.29 73,548.06 $ 76,377.95 79,205,60 82,035,50 84,864.27 3%
Building Inspector $ 63,886.37 $ 65,850.20 $ 67,811.78 $ 69,769,99 $ 71,733,82 $ 73,697.65 $ 75,656.98 3%
Electrical Inspector
Plumbing/Mechanical Inspector
Water Filtration Maintenance Worker $ 55,956.70 $ 58,076.58 $ 60,192,92 $ 62,312, 79 $ 64,430.31 $ 66,547.83 $ 68,666.52 5%
Electronics Technidan $ 51,031.49 $ 52,886.22 $ 54,744.32 $ 56,601.30 $ 58,458.28 $ 60,313,01 $ 62,171.11 3%
Heating Inspector
Housing Inspector
Housing Rehab Inspector
Malntance Electrician
Water Filtration Plant Operator
Civll Engineer
Chemist 5 $ 49,060.91 $ 50,835.78 $ 52,608.40 $ 54,385.52 $ 56,157.02 57,936.39 $ 59,707.88 3%
Senior Engineering Aid 6 $ 47,313.03 $ 49,013.67 50,715.43 $ 52,413.82 $ 54,118.95 $ 55,818.46 $ 57,515.73 3%
Zoning Environmental Inspector
Maintenance Operator II $ 46,061.17 47,708,94 $ 49,358.97 51,008,99 52,655.64 $ 54,304.54 55,952,31 3%
Environmental Inspector $ 44,908.29 $ 46,513,33 $ 48,113.86 49,714.39 $ 51,316.05 $ 52,916.58 54,518.24 3%
Engl nee ring Aide I $ 42,961.33 $ 44,401.03 $ 45,846.34 47,288.28 48,732.48 $ 50,174.42 $ 51,615.24 3%
Custodian 10 $ 35,463.68 36,668,30 $ 37,876.29 39,080.91 40,293.40 $ 41,501.39 42,707.14 3%
LSM 3 with Tree Trimmer 11 26.53 $ 27.11 27.68 $ 28.27 $ 28,86 29.45 $ 30,02 3%
LSM 3 12 $ 25.10 $ 25,72 26,33 $ 26.92 $ 27,57 $ 28.17 $ 28.77 5%
Horticulturalist 13 24.67 $ 25,30 25.89 $ 26,58 $ 27.18 27,83 $ 28.44 5%
Equipment Operator 14 $ 23,68 24.28 $ 24,90 $ 25.49 $ 26,07 $ 26.67 $ 27,26 5%
Inventory and Stock Clerk
LSM 2 with CDL
Maintenance Welder
Mechanic
Sign Fabricator
Traffic Sign Maintenance Worker
Water Meter Service Worker
Water/Sewer Maintenance Worker
LSM 2 15 $ 23.38 $ 23,97 $ 24,55 $ 25.14 $ 25.72 $ 26,33 $ 26.88 5%
Small Equipment Mechanic
LSM 1 16 $ 22.53 $ 23,09 $ 23.65 $ 24,22 $ 24,81 $ 25,36 $ 25,91 5%
Meter Reader
Mechanic's Assistant 17 $ 21.80 $ 22,34 22,87 $ 23.44 23,99 24.54 $ 25,06 5%
Laborer 18 $ 20.17 20.68 21.23 21.68 22.19 22.73 23.23 2%
SALARIED 2025 RANGE Start 6 Months 1 Year 2 Years 3 Years 4 Years 5 Years
Chief Water Operator 69,928.39 $ 72,840.86 75,754.50 78,669.29 81,581.77 84,496.56 87,410.19 3%
Building Inspector $ 65,802.96 $ 67,825.70 $ 69,846.13 $ 71,863.09 $ 73,885.83 $ 75,908.58 $ 77,926.69 3%
Electrical Inspector
Plumbing/Mechanical Inspector
Water Filtration Maintenance Worker $ 57,635.41 $ 59,818.88 $ 61,998.70 $ 64,182.18 $ 66,363.22 $ 68,544.26 $ 70,726.52 3%
Electronics Technician 4 $ 52,562.43 $ 54,472.80 $ 56,386.65 $ 58,299.34 $ 60,212.02 $ 62,122.40 $ 64,036.24 3%
Heating Inspector
Housing Inspector
Housing Rehab Inspector
Maintance Electrician
Water Filtration Plant Operator
Civil Engineer
Chemist 5 50,532.73 52,360.85 54,186.65 56,017.09 57,841.73 59,674.48 61,499.12 3%
Senior Engineering Aid 6 48,732.42 50,484.08 52,236.89 53,986.23 55,742.52 57,493.02 59,241.20 3%
Zoning Environmental Inspector
Maintena nee Operator II 7 47,443.01 49,140.21 50,839.74 52,539.26 54,235.31 55,933.67 57,630.88 3%
Environmental Inspector 8 46,255.54 47,908.72 49,557.27 51,205.82 52,855.53 54,504.08 56,153.79 3%
Engineering Aide I 9 44,250.17 45,733.06 47,221.73 48,706.93 50,194.45 51,679.65 53,163.69 3%
Custodian 10 36,527.59 37,768.35 39,012.58 40,253.34 41,502.20 42,746.44 43,988.35 3%
LSM 3 with Tree Trimmer 11 27.33 27.92 28.51 29.11 29.73 30.33 30.92 3%
LSM 3 12 25.86 26.49 27.12 27.73 28.40 29.02 29.64 3%
Horticulturalist 13 25.41 26.06 26.67 27.38 28.00 28.66 29.30 3%
Equipment Operator 14 24.39 25.01 25.65 26.26 26.85 27.47 28.08 3%
Inventory and Stock Clerk
LSM 2 with CDL
Maintenance Welder
Mechanic
Sign Fabricator
Traffic Sign Maintenance Worker
Water Meter Service Worker
Water/Sewer Maintenance Worker
LSM 2 15 24.08 $ 24.69 $ 25.29 $ 25.89 $ 26.49 $ 27.12 $ 27.69 3%
Small Equipment Mechanic
LSM 1 16 23.21 $ 23.78 $ 24.36 $ 24.95 $ 25.55 $ 26.12 $ 26.68 3%
Meter Reader
Mechanic's Assistant 17 22.45 23.01 23.56 24.14 24.71 25.27 25.81 3%
Laborer 18 20.77 21.30 21.86 22.33 22.86 23.41 23.93 3%
CITY OF MUSKEGON - LOCAL 517M
APPENDIX B
RE: DISCIPLINARY PROCEDURE
Disciplinary action or measures shall include the following:
1. Warning
2. Suspension Without Pay
3, Discharge
Employees with seniority shall be discharged or given
disciplinary suspension only for just cause. Any employee shall
have the right to challenge the propriety of disciplinary action
or discharge through the regular grievance procedure. In the
event of disciplinary action or discharge, the Department Head
shall notify the employee's steward or other union representative,
before he is required to leave the premises. This discussion
shall take place in an orderly and quiet manner so as not to cause
unnecessary disturbance or commotion within the building. The
union representative will be called promptly, before a
disciplinary action is given. If the employer has reason to
reprimand or discipline an employee, it shall be done in a manner
that will not embarrass the employee before fellow employees or
the public.
Classification of Misconduct:
Group 1 - Minor Offenses
Group 2 - Intermediate Offenses
Group 3 - Major Offenses
Disciplinary action shall be imposed upon with respect to each of
the groups of offenses as hereinafter set forth.
GROUP 1 OFFENSES
a. Habitual tardiness at commencement of work day or after
lunch. (Habitual shall be interpreted to mean five (5)
instances per year without sufficient reason.)
b. Absenteeism without sufficient reason or proper notification.
c. Disregard of safety rules or common safety practices.
d. Abuse of coffee break time.
2065M/02-08-92/45
APPENIX B - Continued
RE: DISCIPLINARY PROCEDURE
e. Faulty work and/or covering up faulty work.
f. Any offense in either Group 2 or 3.
The disciplinary procedure in this group shall be: First
Offense, written warning; Second Offense, one day suspension
without pay; Third Offense, three day suspension without pay;
Fourth Offense, seven day suspension without pay; and Fifth
Offense, discharge. The violation shall be cumulated for a period
of not more than one (1) year.
GROUP 2 OFFENSES
a. Unprofessional conduct.
b. Injurious or dangerous pranks.
c. Fighting on the premises. (Quarreling not considered
fighting.)
d. Making or publishing of false and vicious or malicious
statements concerning any employee, department head, or the
City.
e. Willful malicious destruction of City property.
f. Unjustified abuse of the public, verbal or physical.
g. Willful disobedience to the proper directive of a supervisor,
or other acts of insubordination.
h. Any offense in Group 3.
The disciplinary procedure in this group shall be: First
Offense, three day suspension without pay; Second Offense, seven
day suspension without pay; Third Offense, discharge. The
violations shall be cumulated for a period of not more than
eighteen (18) months.
2065M/02-08-92/46
APENDIX B - Continued
RE: DISCIPLINARY PROCEDURE
Group 3 OFFENSES
a. The willful misuse of City property.
b. The removal from the premises, without prior authorization, of
any City records, confidential information, or other City
property, except as necessary in the performance of an
employee's duty.
c. Theft of any property of a fellow employee, or of the City.
d. Knowingly falsifying any time keeping records, or
intentionally giving false information to anyone whose duty it
is to make such records.
e. Consumption of any alcoholic beverages during work hours.
f. Use of controlled substances without doctor's prescription.
g. Absence of three consecutive working days without notice or
leave and without justifiable reason for failure to report.
The disciplinary action in this group shall be grounds for
immediate discharge.
When discipline is to be imposed upon any employee, the Department
Head shall at once advise the union representative and the
employee of the offense and the penalty.
When it appears probable that the employee's unacceptable behavior
is caused by physiological or emotional problems that will not be
resolved by the disciplinary procedures set forth in this section,
the Department shall endeavor, with the cooperation of the City
and County agencies, to assist the employee in resolving the
problems that have given rise to the unacceptable behavior.
2065M/02-08-92/47
Note: it is not possible to provide a scanned copy of the original version of this
appendix on this intranet site. This is an exact recreation of the original in Word
format. Handwritten dates on the original document appear here in parentheses [) and
where signatures appear on the original documents, here they are left blank.
CITY OF MUSKEGON - S.E.I.U. LOCAL 517M UNIT 2
APPENDIX C
RE: WATER AND MASTER AUTOMOTIVE SERVICE EXCELLENCE (ASE) LICENSES
Effective January 1, 2022, the following maximum annual bonuses shall be in effect for employees of the
Water Filtration Plant and employees of the Water/Sewer Maintenance Division possessing State of
Michigan Health Department Operator's Certificate.
F-1 Certificate $1,300.00
F-2 Certificate $1,000.00
F-3 Certificate $ 650.00
S-1 Certificate $1,000.00
S-2 Certificate $ 800.00
S-3 Certificate $ 600.00
The following maximum annual bonus shall be in effect for employees in a Mechanic position and
possessing master Automotive Service Excellence (ASE) Certificate.
Master ASE Certificate $1,500.00
Payouts will be in one lump sum in December of each year. This payment will be in conjunction with the
December longevity payment.
City shall pay to maintain the CDL and necessary endorsements, i.e., the difference between a normal
driver's license and the amount required for the CDL with endorsements for employees who do not
receive any other monies pursuant to Appendix C.
APPENDIX C - Continued
(Water Licenses) - Effective 1/1/09, the requirement to pay Employees for licenses when they are
required for their position will be eliminated. The City agrees that this would only apply to new
employees in these positions and would not affect payments being made to current employees.
Instead, the following payment schedule is offered for the upgrade of licenses:
F-1 $1,000
F-2 $ 700
F-3 $ 350
S-1 $ 750
S-2 $ 500
S-3 $ 300
Payouts will be in one lump sum in December of each year. This payment will be in conjunction with the
December longevity payment.
CITY OF MUSKEGON
LOCAL #517M
APPENDIX- D
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. l l) 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 Ill. 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.
l. 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 FHW A 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 Ill (following) of these
regulations can expect to be subjected to the appropriate levels of discipline.
Ill -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 (FM CSR) 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.
49 CFR, Part 382, §382.207
4
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
IV-EMPLOYMENT CONSIDERATION TESTING 10 :
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.
l 0. Safety violation including injuries.
YI - POST-ACCIDENT TESTING:
Any employee involved in a reportable vehicle accident 14 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 attention 15, 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. 11
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 ( l) percent for two
years running, the random alcohol testing rate will increase to fifty (50)
percent.
(iii.) If industry wide levels fall below one (l) percent positives for two years
running, the random alcohol rate will fall to ten ( l OJ 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:
l. 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 l 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, Ml 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
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 illeqal substances
NIDA APPROVED ADDITIONAL URINE DRUG SCREEN (DH HS-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 requlated 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 (requlated employee) POST ACCIDENT (Incident Report Required)
POST-JOB OFFER (prior to reportina for work) POST-INJURY (Incident Report Required)
RANDOM SELECTION RETURN-TO-WORK
REASONABLE SUSPICION(lncident 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
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
LOCAL #517M
APPENDIX E
CITY OF MUSKEGON
BOARD OF CIVIL SERVICE COMMISSIONERS
DRIVING RECORD REQUIREMENTS
CAUSES FOR REJECTION OF APPLICATION FOR PROMOTION
1. Driving record checks will be conducted by the Civil Service Office prior to the
publishing of a promotional eligibility list. The Civil Service Director, guided by
recent employment patterns, will determine the number of checks to be
performed.
2. Information from driving record checks will be directed to the Civil Service
Director who will determine if the information is such as to disqualify the
applicant from further employment consideration. The criteria for such
disqualification are found below in Table 1.
3. Appointing authorities (department heads) may, upon request, review the results
of driving record checks of those individuals certified for appointment.
4. The City's promotional application will be modified to include self-disclosure of
the applicant's driving record.
5. This policy applies to promotional applicants for all City classifications requiring
the operation of a motor vehicle as an essential job function according to the
criteria! found in Table 1.
CITY OF MUSKEGON
LOCAL #517M
APPENDIX E (Continued)
Table 1. Causes for Rejection of Promotional Applications:
Driving Record.
CAUSES FOR REJECTION
- Failure to possess a valid operator's license
- Last four years:
- 6 or more moving violations or civil infractions
Last 3 years:
- Driving with license suspension or revocation.
- Driving under influence of alcohol or drugs.
- 2 or more reckless driving convictions.
- Last two years:
- Last suspension or revocation
- 2 or more moving violations or civil infractions.
- 8 or more points.
- 2 or more "at-fault" accidents.
Adopted by Civil Service Commission- _ _ _ _ _ _ _ _ __
(c:\wp51 \docs\drivepro.795)
CITY OF MUSKEGON
LOCAL #517M
APPENDIX F
For purposes of this Labor Agreement, a "reasonable explanation for failure to
notify the employer" shall be defined as circumstances, supported by
documentation, where the employee is unable to contact the Employer due to
an emergency that makes such communication impossible or when the safety
of the employee, his/her family or the public is of greater priority.
Examples of such cases are:
Medical emergencies where the employee is incapacitated and unable to use
the phone.
Unexpected serious medical emergencies of the employee or his/her
immediate family that are either life threatening or requiring the employee's
immediate attention.
Traffic accidents where the employee has no immediate access to the
telephone.
Crime and accident scenes where under the direction of law enforcement
officials this employee cannot leave and there is no immediate access to the
telephone.
It shall be the obligation of the employee to provide documentation that shows
the serious nature of the circumstances and that will reasonably explain the
employee's failure to notify the Employer.
CITY OF MUSKEGON
LOCAL #517M
APPENDIX G
The 24 hour call-in number for the Department of Public Works will be operated
by our answering service, Community Telephone, and will be supervised 24
hours a day.
CALL IN NUMBER
231-737-3878
Employees will report the following information;
• Name
• Department
• Phone Number
• Reason for absence
• Expects to return to work date
You will receive a verification number from Community Telephone which will be
your confirmation of receipt of this information by the City of Muskegon.
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