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SECTION 5-UNION MEMBERSHIP and CHECK-OFF of UNION DUES To the extent Federal and State laws permit, it is agreed that: a. The Employer agrees to make Union dues deductions once each month from the pay of each employee who has authorized that such deductions be made as set forth in Subsection d, until such time as the employee revokes the authorization by written notice to the Union and the Employer. b. As soon as practicable following the decision to hire a new employee into the bargaining unit, the Employer shall notify the U nion of newly-hired bargaining unit employees and provide the Union an opportunity during the onboarding process to meet with newly-hired bargaining unit employees to discuss the employees' options with respect to becoming or not becoming a member of the Union. c. Each employee who becomes a member of the U nion after June 27, 2018, must sign the U nion's Application for U nion Membership and Authorized Dues Deduction Card. An employee may rescind their Union membership and Authorized Dues Deduction Card at any time by providing the employer written notice. d. The Employer shall not make any U nion dues deductions from any employee without written authorization from the employee. In the case of an employee who becomes a member after June 27, 2018, written authorization must be in the form of a signed and completed Application for U nion Membership and Authorized Dues Deduction Card, as well as any additional written authorization as the Employer may require. In the event the terms of the Employer's written authorization conflicts with the terms of the Union's Card, the terms of the Card shall be controlling. For an employee who became a member prior to June 27, 2018, the employer must have from the employee written authorization showing the employee's clear intent to participate in Union dues deductions. e. Deductions for any calendar month shall be remitted to the U nion. In the event that a refund is due to any employee for any sums deducted from wages and paid to the Union, it shall be the responsibility of the Employer to obtain the appropriate refund from the Union. f. The Employer shall not be liable for the remittance or payment of any sums other than those constituting actual deductions made. If the Employer fails to make a deduction for any employee as provided, it shall make that deduction from the employee's next pay period in which such deduction is normally deducted after the error has been called to its attention by the employee or the Union. If there is an increase or decrease in Union payroll deductions, as determine and established by the Union, such changes shall become effective upon the second pay period following notice from the Union to the Employer of the new amount(s). g. The Union shall indemnify and hold harmless the Employer against action, or claim for an unauthorized deduction, or for other forms of liability that shall arise out of, or by reason of: action taken by the Employer for the purposes of complying with this provision and will hold harmless the City, its agents or employees from any monetary award arising out of such litigation. 3 b. Voluntary Reassignment, Part-Week: An officer on Team ECHO who voluntarily accepts a transfer of less than one week (five working days) and does not assume the days off of the officer being replaced will be credited with the number of days reassigned. These days will be cumulative in increments of five. c. Involuntary Reassignment: Will be made on the basis of a combination of least credits accumulated under Items 1 and 2 above and least seniority, whichever applies in a specific case. Involuntary reassignments may involve more than one officer if this method causes the least change in their scheduled days off. Credit for these reassignments will be the same as those in Items 1 and 2. d. Involuntary Reassignment: When all efforts utilizing the above procedure are unsuccessful or impractical, the officer with the least accrued credits and/or the least seniority shall be temporarily reassigned and assume the days off of the officer being replaced. e. Management Rights will prevail when establishing the need for temporary reassignment. f. On all scheduled vacations, established by the contractual Vacation Draw, where in the judgment of management a temporary reassignment is necessary, the officers of the affected team will be notified of the reassignment approximately three weeks in advance. The officers will be allowed to fill the assignment as indicated in Section 13.4(a) and (b) on a voluntary basis. g. If more than one officer volunteers for the same assignment, the request will be granted on a seniority basis. h. If no officer on the team volunteers for the assignment within ten days prior to the assignment, it will be filled on an involuntary basis using the criteria contained in Section 13.4(c) and (d). i. It is agreed between the parties that one of the primary purposes of this agreement is to alleviate, to the extent possible, the changing of the officers' scheduled days off. j. Officers shall have at least ten (10) hours off between regularly scheduled shifts and any forced OT excluding time spent in court, with the exception of up to six (6) hours of holdover time directly before or after a regularly scheduled shift. 13.5 District selections by Patrol Division employees will be made on a seniority basis for each team, on approximately a six (6) month basis. 13.6 EXCLUSIONS TO THE FOREGOING ARE: a. The Chief may assign a new employee - an employee with less than one (1) year of experience - to any team or district, but no employee may be reassigned from a team to provide an opening for such new employee. The Employer has the right to assign probationary employees to any team at its sole discretion. During times where there are more than one (1) active probationary employee the employer shall be limited to assigning 8 or Sunday. SECTION 18 - SICK LEAVE Sick leave shall be accumulated at the rate of 3. 7 hours per pay period of employment during the preceding calendar year. The accumulation shall not exceed 96 hours during any one calendar year. 18.1 All sick leave time shall be accumulated according to the time worked during the preceding calendar year, but may be anticipated during any current year upon authorization of the department head and the City Manager. 18.2 Sick leave may be accumulated up to a maximum of 1,056 hours and in no event shall sick leave be accumulated by any employee in excess of 1,056 hours. After an employee has accumulated 1,056 hours of accrued, unused sick leave, then all additional accruals shall be paid annually at the rate of seventy five percent (75%) of such accrual in excess of 1,056 hours. All payments due under this section shall be paid annually on January 31 of the calendar year next succeeding the accrual. 18.3 1 hour of sick leave shall be canceled for each hour 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. 18.4 Vacation time, sick leave, or absence because of duty-connected disability shall be counted as days worked in calculating sick leave for a period of one hundred eighty (1 80) days in accordance with Section 18.11. 18.5 An employee may request to anticipate sick leave during the first year of employment, which, if granted, shall be deducted from his/her accumulation during that year. 18.6 Sick leave will be taken only for the following reasons: (a) Any illness an employee may contract preventing him/her from performing normally and safely at work; (b) Any illness from contagious disease not duty-related which could affect the health of others; (c) Any injury or illness to the employee's spouse, child, stepchild, whether it requires hospitalization or not. Any injury or illness to the employee's mother, father, mother in-law or father-in-law, which requires the hospitalization of that individual; (d) Any serious illness as evidenced by a written physician's report, to the spouse, child or stepchild of the employee which serious illness requires the employee's absence from duty; (e) Any non-duty disability an employee may sustain, except injury sustained while in the employ of another, or an injury sustained during the commission of a felony or high court misdemeanor by the officer. (f ) The employer may require verification of sick leave taken in excess of twenty-four (24) 14 consecutive work hours. This will not preclude the Employer from requesting verification of illness of less than twenty-four (24) consecutive work hours if the employee has shown a pattern which would indicate misuse of sick leave. (g) Any employee who is off at the request of the Employer because of a duty related exposure to a contagious disease which is documented from Employer's records (for example, hepatitis) shall be paid the regular salary for all lost time, without loss of sick time. This shall include any time off the employee is required to take due to Center for Disease Control (CDC) guidelines, Federal, State, or Local emergency orders or any other medically mandated reason due to exposure to any contagious diseases. The City reserves the right to submit and receive worker's compensation benefits to reimburse the city for associated costs. 18.7 An employee's absence from work due to duty-connected disability, incurred in the employment of the City shall receive his straight time salary for the period of said disability and absence, but not to exceed five (5) days commencing the date of the injury 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, at which time such payments out of the operating funds of the department involved shall cease, unless the City Commission shall authorize an extension of leave in the manner provided in Section 18.8 hereof. Checks for such service-connected disability will be issued only upon receipt of a statement signed by the Employer's physician to the effect that the injured employee is unable to perform his/her regular duties or such other temporary tasks available in the framework of the City functions. 18.8 In the 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 leave may be extended not to exceed six (6) months, instead of sixty (60) working days. 18.9 No compensation for sick leave will be authorized if the employee fails to notify the department at least one-half hour before his/her normal starting time. 18.10 Upon termination of employment, accrued sick leave will be compensated at the rate of one hundred (100%), of the value of the accumulated sick leave, providing the employee has worked a minimum of twelve (12) months. 18.11 If an employee is absent from work due to duty-connected disability, for a period of one hundred eighty (180) calendar days from date of injury, said employee will continue to accrue sick leave, vacation leave, and longevity payments in accordance with this section but will not accrue holiday pay. All insurance benefits accorded the working employee will remain in force during duty-connected disablement. This provision may be extended past one hundred eighty (180) days at the discretion of the Employer. Employer shall provide four (4) weeks paid Family Leave for any employee for the birth of their child or two (2) weeks for any employee that adopts a child. 15 SECTION 20 - BEREAVEMENT LEAVE In the event there is a death in the immediate family of any employee, consisting only of parent, grandparent, 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 up to a twenty-four (24) hour leave of absence with full pay. Where death occurs to the employee's spouse or child, the employee shall be granted up to a forty-eight (48) hour leave of absence with full pay. An employee shall be granted up to twelve (12) hours 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. SECTION 21 - UNIFORMS The Parties agreed to establish a committee to address necessary equipment and uniforms. 21.1 The employer shall supply authorized uniforms (all seasons), accessories, equipment, firearm(s), long gun(s), foot wear, at the Employer's expense. 21.2 Dry cleaning shall be provided and rules and procedures covering specifications shall be provided by the Director of Public Safety. The Police Department shall supply authorized uniforms (all seasons), accessories, equipment and footwear at the Department's expense. The Police Department will implement a policy with a detailed list of items that will be issued/supplied/maintained to sworn police officers during employment. Officers may request specialized uniforms, gear, and equipment not provided by the Department, which if authorized by the Director of Public Safety may be purchased by the employee. 21.3 The employer shall provide a civilian clothing allowance for police personnel assigned to plain clothes tasks in the amount of $650.00 annually, paid bi-weekly and subject to Rules and Regulations provided by the Chief of Police. 21.4 The Employer will provide an annual dry-cleaning allowance of $325.00 which shall be paid bi weekly for police personnel assigned to plain clothes tasks. The Employer shall provide bulletproof vests to all employees. All employees, unless specifically excluded by order of the Chief of Police, shall be required to wear the bulletproof vests. A Bulletproof 17
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