2010-47RESOLUTION NO. 2010-47
COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the IBEW Local 763 was contacted by certain employees of the City of
Blair and said employee group requested that the IBEW Local 763 attempt to organize a union
amongst this group of employees that work in specific departments of the City of Blair; and
WHEREAS, the IBEW Local 763 after being voted into place and after receiving
authorization from its members did contact the City of Blair to enter into negotiations in an
attempt to develop a Collective Bargaining Agreement to be utilized between the employees of
the City of Blair represented by the IBEW Local 763 and the City of Blair; and
WHEREAS, the IBEW Local 763 and the City of Blair did enter into negotiations, which
lasted several months and ultimately culminated in the formulation of a proposed written
Collective Bargaining Agreement, which has now been recommended for approval by the
negotiation team on behalf of the City of Blair and the negotiation team on behalf of the IBEW
Local 763 by the City Council of Blair, Nebraska, and by the members of the IBEW Local 763
who work for the City of Blair; and
WHEREAS, the proposed written Collective Bargaining Agreement between the City of
Blair. Nebraska, and the members of the IBEW Local 763 who work for the City of Blair,
Nebraska, has been negotiated, prepared and presented to the City Council of Blair, Nebraska,
and a copy of said Collective Bargaining Agreement is attached hereto, marked Exhibit "A" and
by this reference is made a part hereof; and
WHEREAS, the terms and conditions of said Collective Bargaining Agreement are
acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED that said Collective Bargaining Agreement
identified above is hereby adopted and accepted by the City of Blair; and the Mayor and City
Clerk are hereby authorized and directed to execute the same on behalf of the municipality.
COUNCILMEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER ABBOTT.
UPON ROLL CALL, COUNCILMEMBERS SHEPARD, STEWART, KEPHART, FANOELE,
ABBOTT, WOLFF AND JENSEN VOTING "AYE ", AND COUNCILMEMBERS NONE
VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 9TH DAY OF NOVEMBER, 2010.
CITY OF BLAIR, NEBRASKA
B
J M E. REALPH, MAYOR
ATTEST:
1
NDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting
City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was
passed and adopted at a regular meeting of the Mayor and City Council of said city held on the
9th day of November, 2010.
, c
'666,X4 11
BRENDA R. WHEELER, CITY CLERK
L 1 1 2 f MIAMI /
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October 1, 2010 - September 30., 2013
CITY OF BLAIR / IBEW LOCAL #763
TABLE OF CONTENTS
PREAMBLE ............................................................................................. ............................... 7
1 . DEFINITIONS ............................................................................... ............................... 7
2 . RECOGNITION OF UNION ....................................................... ............................... 8
3. COMPLIANCE WITH THE LAW ............................................. ............................... 8
4. CONDUCT OF UNION AFFAIRS .............................................. ............................... 9
5. GRIEVANCE AND ARBITRATION PROCEDURE .............. ............................... 9
Grievance Request Form .......................... .............................12
6 . UNION DUES CHECK -OFF ....................................................... .............................13
7 MANAGEMENT RIGHTS ........................................................... .............................14
InGeneral ................................................. .............................14
Listing of Management Rights ................. .............................14
Recognition of Management Rights ........ .............................14
8 . DISCIPLINARY ACTION ........................................................... .............................16
Types of Disciplinary Action ................... .............................16
Written Reprimand ................................... .............................16
Suspension................................................ .............................16
Demotion.................................................. .............................16
Dismissal.................................................. .............................16
Grievance and Arbitration Procedure ...... .............................17
9. NO STRIKE AND /OR LOCK OUT ............................................ .............................17
10 . JOINT COMMITTEES ............................................................... ..............................1 i
11. EOUAL EMPLOYMENT OPPORTUNITY ............................. .............................18
Equal Employment Opportunity Policy ... .............................18
Equal Employment Officer ...................... .............................18
Affirmative Action ................................... .............................18
Discrimination Complaints ...................... .............................18
Disability Accommodation ...................... .............................19
Immigration Law Compliance ................. .............................19
12. METHOD OF FILLING VACANCIES .................................... ............................... 20
Vacancy Identification ............................. .............................20
PromotionPolicy ...................................... .............................20
Blair — IBEW Contract 10 /01 /10, vl Page 2
Competitive Selection .............................. .............................20
Noncompetitive Selection ........................ .............................20
Voluntary Demotion ................................. .............................21
Demotion in Lieu of Layoff ..................... .............................21
Lateral Transfer ........................................ .............................21
Special Employment Programs ................ .............................21
Temporary Positions ................................ .............................21
13. RECRUITMENT AND SELECTION ....................................... ............................... 22
Vacancy Announcements ......................... .............................22
Purpose and Design of Application Forms ...........................22
Filing of Applications ............................... .............................22
Initial Processing of Application .............. .............................22
Evaluation of Qualifications ..................... .............................23
Disqualification ........................................ .............................23
Selecting Officials .................................... .............................24
Interviews ................................................. .............................24
Documentation and Notification .............. .............................24
14. APPOINTMENT ............................................................................ .............................26
Appointing Authority ............................... .............................26
Appointment .................................. .............................26
Employment of Relatives ......................... .............................26
Residence ................................................ ............................... 26
Processing and Orientation ...................... .............................27
15. NEW EMPLOYEE INTRODUCTORY PERIOD .................. ............................... 28
Requirement of Introductory Period ........ .............................28
Purpose of Introductory Period ................ .............................28
Failure of the Introductory Period ............ .............................28
16. CURRENT EMPLOYEE PROBATIONARY PERIOD ........ ............................... 28
Requirement of Probationary Period ........ .............................28
�T. T � nn
Purpose of Probationary rerioa ............... .............................tea
Failure of the Probationary Period ........... .............................29
17. EMPLOYEE DEVELOPMENT AND EVALUATION ......... ............................... 29
Employee Development Policy ................ .............................29
Performance Evaluation Requirement ..... .............................29
Purpose of Evaluations ............................. .............................29
18. ATTENDANCE AND LEAVE ................................................... ............................... 31
Work Schedules and Attendance ............. .............................31
Overtime ................................................... .............................31
Vacation ......................................... .............................31
Sick Leave ................................................ .............................32
Blair — IBEW Contract 10 /01 /10, v1 Page 3
FuneralLeave ........................................... .............................34
Administrative Leave ............................. ............................... 35
LeaveWithout Pay ................................... .............................37
Medical Leave of Absence (FMLA) ...... ............................... 37
Absence without Leave ............................ .............................40
Holidays.................................................. ............................... 40
Maternity/Paternity Leave ........................ .............................41
Emergency Closings ................................. .............................42
Blair Volunteer Fire and Rescue Department .......................42
19. EMPLOYEE RESPONSIBILITIES AND CONDUCT .......... ............................... 43
Basic Employee Responsibilities and Conduct ....................43
Supervisory Responsibilities .................... .............................43
CityProperty ............................................ .............................44
AssignedVehicles .................................... .............................44
Outside Employment ................................ .............................44
Conflicts of Interest .................................. .............................44
PoliticalActivity ....................................... .............................45
Solicitation................................................ .............................45
Harassment Prohibited ............................. .............................45
Confidentiality........................................ ............................... 47
Use of Equipment and Vehicles ............... .............................47
20 . SENIORITY ................................................................................. ............................... 48
Definition of Seniority .............................. .............................48
Qualifications........................................... .............................48
Determination of Seniority ....................... .............................48
Listof Employees ..................................... .............................48
Resolution of Seniority ............................. .............................48
Termination of Seniority .......................... .............................48
21. RESIGNATION, LAYOFF AND INCAPACITY .................... ............................... 50
Resignation............................................. ............................... 50
Retirement P
Layoff....................................................... .............................50
Separation for Incapacity ......................... .............................51
Benefits Continuation (COBRA) ........... ............................... 51
22. REINSTATEMENT .................................................................... ............................... 52
Reinstatement Following Resignation ... ............................... 52
Reinstatement of Benefits (Bridging) ...... .............................52
Reinstatement Following Layoff ............. .............................52
Reinstatement Following Separation for Incapacity .............52
Blair — IBEW Contract 10 /01 /10, vl Page 4
23. COMPENSATION PLAN .......................................................... ............................... 53
PayDeductions ......................................... .............................53
PayDay .................................................... .............................53
OvertimePay ............................................ .............................53
Wagesin Advance .................................... .............................54
EmployeeBenefits ................................... .............................54
Clothing and Uniform Allowance .......... ............................... 54
EducationBenefits ................................... .............................55
Certification............................................ ............................... 56
Call Out Reimbursement .......................... .............................56
24. CONFERENCES AND TRAVEL .............................................. ............................... 57
Conferences and Travel Approval ........... .............................57
Conferences and Travel Arrangements .... .............................57
Conferences and Travel Expenses ........... .............................58
25. SAFETY ........................................................................................ ............................... 59
SafetyTraining ....................................... ............................... 59
Accident and Injury Reporting ............... ............................... 59
26. MISCELLANEOUS PROVISIONS .......................................... ............................... 60
PersonnelRecords .................................... .............................60
StatusChanges ......................................... .............................60
Suggestions............................................. ............................... 60
27. SUBSTANCE ABUSE TESTING POLICY ............................. ............................... 61
Definitions................................................ .............................61
Substance Abuse Testing Policy ............ ...............................
64
ProhibitedDrugs ....................................... .............................65
Testing Program Guidelines ..................... .............................66
AlcoholTesting ........................................ .............................67
Split Sample Testing of Urine Specimens ............................68
Confidentiality........................................ ...............................
68
Pre - employment Applicant "Testing and Procedure ..............
68
Reasonable Suspicion Testing ................. .............................70
Post - Accident Testing .............................. .............................72
Return -to -Duty and Follow -Up Testing ... .............................74
RandomTesting ....................................... .............................75
Refusing to Take a Test ............................ .............................76
28. CDL RENEWAL REIMBURSEMENT .................................... ............................... 77
29 . DURATION ................................................................................... .............................
INDEX(by Subiect) ............................................................................... ............................... 79
Blair — IBEW Contract 10 /01 /10, vl Page 5
EXHIBIT A: POSITION TITLES AND HOURLY RATES OF PAY SCHEDULE 82
EXHIBIT B: INSURANCE AND PENSION PLANS ....................... ............................... 83
Health Insurance ....................................... .............................83
Vision Insurance ....................................... .............................83
DentalInsurance ..................................... ............................... 83
Life Insurance ......................................... ............................... 84
Long Term Disability ............................. ............................... 84
PensionPlans ............................................ .............................84
414HPlan ............................................... ............................... 84
457 Plan .................................................... .............................85
Blair — IBEW Contract 10 /01 /10, vl Page 6
aq, WIN 01
This working agreement, by and between the City of Blair, Nebraska, hereinafter referred to as
the City, and the International Brotherhood of Electrical Workers AFL -CIO local 4763,
hereinafter referred to as the Union, is designed to promote harmony between the City, its
employees and the Union concerning establishment of an equitable and peaceful procedure for
the resolution of differences and the establishment of rates of pay and conditions of employment
as explained in this working agreement. Further, the parties agree that there shall be no work
stoppage by either party and both parties expect a full day's work for a full day's pay.
1. DEFINITIONS
For the purpose of this Agreement, the following definitions shall apply:
A. Introductory Employ An employee who is hired or promoted to fill a regular position
will be classified as an introductory employee for the first six (6) months of his/her
employment in that position. During this period, the City reserves the right to dismiss an
introductory employee at any time within the first six (6) months with or without cause.
B. Regular Employee / Regular Full -time An employee who is employed on a regular basis
and is normally scheduled to work at least forty (40) hours per week.
C. Part-Time Employee / Regular Part-Time This person may be employed on a regular
schedule between twenty (20) and forty (40) hours per week throughout the year if said
work hours are available and is provided normal fringe benefits except for health, dental,
vision, life and disability insurance.
D. Temporary Part-Time This person may be employed for any number of hours per week,
but not to exceed 1,040 hours per calendar year, in a position declared to be seasonal or
temporary in nature. This person may be assigned to a classification vacated by a regular
employee while on military duty or other authorized absence and is excluded from the
normal fringe benefits.
E. Shift shall mean an employee's work schedule as established by his /her department head
and approved by the City Administrator.
F. Shift Work is an employment practice designed to make use of the 24 hours of the clock,
rather than a standard working day. The term shift work includes both long -term night
shifts and work schedules in which employees rotate shifts.
G. City shall mean the City of Blair, Nebraska, a municipality.
H. Union shall mean International Brotherhood of Electrical Workers AFL -CIO Local No.
763.
Blair — IBEW Contract 10/01/10, vl Page 7
2. RECOGNITION OF UNION
This contract shall be approved by the President of the International Brotherhood of Electrical
Workers as required by their by laws.
Section 1: The City recognizes the Union as the exclusive bargaining agent for all fulltime and
regular part-time employees of the City of Blair, Nebraska, including but not limited to those
occupying the following classifications: Equipment Operator, Water Plant Operator, Operator
III /Assistant Foreman, Labor II, Utility Worker, Utility Worker II, Wastewater Plant Operator,
Assistant Superintendent Cemetery /Parks Dept.
Section 2: The City recognizes the Union as the sole and exclusive representative for the purpose
of collective bargaining with respect to hours, wages, and other conditions of employment for all
employees covered by this Agreement.
Section 3: The City recognizes and will not interfere with the rights of its employees to become
members of the Union. There shall be no discrimination, interference, restraint or coercion by the
City or any of its agents against any employee because of membership into the Union. The
Union agrees not to intimidate or coerce employees into membership and also not to solicit union
membership on employer's time. Neither the City nor the Union will willfully, orally or in
writing, make untruthful statements concerning the other party or its representative.
Section 4: There is attached hereto and made a part of hereof Exhibit "A" which lists the position
titles and rates of pay for each position covered by this Agreement.
3. COMPLIANCE WITH THE LAW
Section 1: Nothing in this agreement shall be construed to require either party to the agreement
to act in violation of any applicable State or Federal law or legal regulation, and in the event that
any such conditions arises, it is agreed that this agreement shall be modified in response to either
or both parties to the extent necessary to comply with such law or regulation.
Section 2: If any provisions of the contract or the application of the same shall be held invalid,
the legality of the other provisions of the contract shall not be affected thereby.
Section 3: The City and Union agree that they will cooperate with each other to the end that this
Agreement will be administered equally and equitable with respect to all employees and will not
discriminate against any employee because of his /her race, creed, color, religion, sex, protected
age or national origin. They will as the City and as representative of employees support and
further the principles of the Equal Opportunity Acts of the United States and the State of
Nebraska.
Blair — IBEW Contract 10/01/10, vl Page 8
4. CONDUCT OF UNION AFFAIRS
Section l: All employees, including Union officers and representatives, shall not conduct any
Union activity or Union business during working hours except as specifically authorized by the
provisions of this Agreement. Each employee is expected to perform full time work except when
specifically authorized by the terms of this Agreement.
Section 2: The authorized representatives of the Union shall be free to visit the City's facilities at
all reasonable hours and shall be permitted to carry on their duties provided that they shall first
notify the department head and there shall be no interference with the conduct of the operations
in the City's facilities.
Section 3: The Union shall furnish the City with the name of the Union appointed Union
Stewards.
Section 4: All Union Stewards referred to in this Agreement shall be regular full time employees
of the City.
Section 5: The Union Stewards will be allowed to administer the terms of this agreement but said
work will not be done during work hours.
Section 6: The City will afford space on the City's bulletin boards which may be used by the
Union for the purpose of posting notices relating to the Union. All postings required by the
contract may be posted by the City on the Union space. Posted materials shall not contain
anything discriminatory or inflammatory or reflecting adversely upon the City or any of its
employees. If there is any discriminating or inflammatory material or material that adversely
reflects upon the City or relating to the City or its employee, said material may be removed by
the City.
5. GRIEVANCE AND ARBITRATION PROCEDURE
Section 1: Grievance, as defined in these procedures is a claim of an employee or Union arising
during the term of this contract, which is limited to matters concerning the application meaning
or interpretations of this agreement. However, a grievance is not intended to modify the express
terms and conditions of this agreement. It is the intent of the City to provide fair and efficient
means to receive, investigate and resolve employee grievances and complaints. Every employee
shall discuss informally any grievance with his /her supervisor without prejudice to him/her. If
the employee is not satisfied, he /she is provided with the means to pursue the grievance.
Section 2: Any grievance, submitted under the provision of this article may be presented and
processed by the employee and a representative of the Union.
Section 3: Any grievance shall designate specifically the Article or Past Practice which the
grievance is based, the acts of omission and commission, together with the reason therefore and
the remedy sought.
Blair — IBEW Contract 10/01/10, vl Page 9
Section 4: The term "days" as used in this Article shall mean calendar days except where
otherwise specified.
Section 5: The following procedure shall be used in the submission of a grievance to each step
and including through arbitration:
Grievance Step #1: The aggrieved employee shall first submit their grievance in writing to
his /her Supervisor within ten (10) calendar days from the date on which the employee becomes
aware of such a grievance. The Supervisor shall attempt to adjust the matter and shall respond in
writing to the Union within twenty -one (2 1) calendar days from its presentation.
Grievance Step #2: If satisfactory settlement is not reached in Grievance Step #1, the Union may
within fifteen (15) calendar days from the date the Supervisors written response was received
send a second step meeting request to the Mayor of the City of Blair. The Mayor or his designee
shall meet with the Business Manager of the Union and /or his /her designee within fifteen (15)
calendar days of the second step meeting in an attempt to settle the grievance. The Mayor shall
make his /her determination and shall respond in writing to the Union within fifteen (15) calendar
days of the second step meeting.
Grievance Step #3: If satisfactory settlement is not reached in Grievance Step #3, the Union may
within fifteen (15) calendar days from the date the Mayors written response was received send a
third step meeting request to the City Council of the City of Blair. The City Council of the City
of Blair shall meet with the Business Manager of the Union and /or his /her designee within
fifteen (15) calendar days of the second step meeting in an attempt to settle the grievance. The
City Council of the City of Blair shall make their determination and shall respond in writing to
the Union within fifteen (15) calendar days of the second step meeting.
Binding Arbitration: If the Union declines to accept the City's decision and if the grievance
remains unresolved, the Union may within thirty (30) calendar days after receipt of the City's
response, request that such grievance be submitted to the following binding arbitration process.
If Arbitration is requested by either party, an impartial Arbitrator shall be selected in the
following manner. The Federal Mediation and Conciliation Service shall be requested to furnish
a listing of seven (7) available Arbitrators. The party requesting the Arbitration shall be the first
to strike a name from the listing. Thereafter, the parties shall alternate striking a name until there
is one name remaining. The remaining named Arbitrator on the listing shall be designated to act
as Arbitrator to the dispute.
As soon as possible after the selection of the Arbitrator, the Arbitrator shall contact the City and
the Union to set up a hearing. The Arbitrator shall hold a hearing. The Arbitrator shall not allow
prehearing discovery. Further, the Arbitrator shall not be allowed to change or modify in any
way the Collective Bargaining Agreement. A decision, in writing, from the Arbitrator shall be
forwarded to both parties of the dispute within 30 days after the final meeting concerning the
dispute.
Blair — IBEW Contract 10/01/10, V Page 10
Each party shall bear the expense of preparing and presenting its own case. The expense of the
Arbitrator, and incidental expenses mutually agreed to in advance shall be borne by the party that
is unsuccessful in the arbitration.
Section 6: Any time limitation provided herein may be waived or extended in writing by mutual
agreement of the parties involved. Any grievance not processed within the time limitations
provided herein shall constitute a withdrawal of the same. If the City shall fail to process a
grievance with the time limitations provided in this agreement, the grievance shall be solved
based on the employee's requested remedy. If the grieving party fails to follow any step of the
grievance process said grievance shall be dismissed.
Blair — IBEW Contract 10/01/10, vl Page 11
' 1 � i 1 1 1 1 1 1 •
Gr ievance a e For
Grievance Number:
Date:
To:
In accordance with "add section and article upon completion of negotiations" of the agreement
between the City of Blair, Nebraska and Local Union 763 I.B.E.W. the Union is requesting a first
step grievance meeting concerning the grievance meeting concerning the grievance of:
The City of Blair Violated (list Article, Law, etc.) Including but not limited to:
By: (Explain how and when)
Remedy Wanted:
Signed:
Grieved:
Steward:
Blair — IBEW Contract 10 /01 /10, vl Page 12
6. UNION DUES CHECK -OFF
Employees who, on the effective date of the Agreement, are Members of the Union in good
standing, and employees who make application for membership and are accepted by the Union
during the term of this Agreement, shall meet their obligations to the Union and maintain their
membership in good standing with respect to the payment of monthly dues during the term of
this Agreement.
Should any such employee desire, the City of Blair will, upon written authorization from such
employee, deduct monthly dues from the wages of such employee, in the amount and for the
period specified in the written authorization. The City of Blair shall forward the amount of such
deduction to the Union once per month in connection with its normal accounts payable cycle.
The Union shall indemnify and hold the City of Blair harmless from any fees, costs, or expenses
the City of Blair may incur as a result of legal challenges arising from the City of Blair's
compliance with this Agreement.
Any concern, question, comment or conversation from employees concerning Union Dues
Check -Off will be referred to the Union to answer or resolve. The City of Blair is not responsible
to answer any concern, question, comment or have conversation with employees concerning
Union Dues Check -Off.
Blair — IBEW Contract 10/01/10, vl Page 13
7. MANAGEMENT RIGHTS
In General
All management rights, inherent management rights, functions, responsibilities and authority not
specifically limited by the express terms of this Contract Agreement retained by the City and
remain exclusively within the rights of the City.
Listing of Management Rights
The City reserves the right to operate and manage its operations and to direct its work force
including, but not limited to: the right to plan, direct, control, reduce and terminate operations; to
determine the nature of services to be supplied and to determine the extent to which such
services will be provided; or the scheduling of service and the methods, processes and means of
service; the right to hire, select, assign, transfer, promote, demote, suspend and discharge
employees; the right to promulgate and enforce reasonable rules; the right to establish drug,
alcohol and controlled substance testing; the right to subcontract; the right to relieve employees
from duty because of lack of work; and the right to introduce any new or improved methods or
facilities; and the right to select any and all equipment and materials to be utilized. Unless
specifically limited by the express terms of this Contract Agreement.
Recognition of Management Rights
Nothing in this Contract shall be construed to restrict, limit, or impair the rights, powers, and
authority of the City under the laws of the State of Nebraska. The City shall not be deemed to have
agreed to any restrictions upon the manner of exercising its powers and duties other than those
clearly specified in this Contract, but are not limited to the following:
1. The right to determine, effectuate and implement the objectives and goals of the City
which do not conflict with the terms of this Contract Agreement.
2. The right to manage and supervise all operations and functions of the City which do not
conflict with the terms of this Contract Agreement.
3. The right to determine services to be provided, including the right to establish, allocate,
schedule, assign, modify, change, subcontract and discontinue City operations, work
shifts, and working hours, including overtime hours which do not conflict with the terms
of this Contract Agreement.
4. The right to establish, modify, change, and discontinue work standards which do not
conflict with the terms of this Contract Agreement.
5. The right to direct and arrange working forces including the right to hire, examine,
classify, promote, train, transfer, assign, and retain employees; maintain discipline and
control and use of City property; suspend, demote, discharge, or take other disciplinary
action against employees with or without cause; and to relieve employees from duties due
Blair — IBEW Contract 10 /01 /10, vl Page 14
to lack of work, lack of funds, a decision to subcontract or discontinue City operations or
other legitimate reasons which do not conflict with the terms of this Contract Agreement.
6. The right to increase, reduce, change, modify, and alter the composition and size of the
work force which do not conflict with the terms of this Contract Agreement.
7. The right to determine, establish, change, modify, and implement. policies for the
selection, training, transfer, reorganization and promotion of employees which do not
conflict with the terms of this Contract Agreement.
8. The right to create, establish, change, modify, and discontinue any City function,
operation, and department which do not conflict with the terms of this Contract
Agreement.
9. The right to establish, implement, modify, and change financial policies, accounting
procedures, prices of goods or services, public relations, and procedures and policies for
the safety, health, and protection of the City property and personnel which do not conflict
with the terms of this Contract Agreement.
10. The right to adopt, modify, change, enforce, or discontinue any existing rules,
regulations, procedures, and policies, which are not mandatory topics of bargaining, or in
direct conflict with any provision of this Contract Agreement.
11. The right to determine and enforce employee's quality and quantity standards which do
not conflict with the terms of this Contract Agreement.
12. The right to classify jobs and to allocate individual employees to appropriate
classifications based upon duty assignments, which do not conflict with the terms of this
Contract Agreement.
13. The right to establish work rules on subjects that are not mandatory bargaining subjects
which do not conflict with the terms of this Contract Agreement.
T a, Tf it is determined that there is a conflict between the Personnel Manual and the
provisions of this Contract Agreement, the Contract Agreement will govern.
Blair — IBEW Contract 10 /01 /10, vl Page 15
8. DISCIPLINARY ACTION
Types of Disciplinary Action
Any employee of the City of Blair may be removed, demoted, suspended without pay, transferred to
another position in the same class or reprimanded for any of the reasons set forth herein.
Written Reprimand
A department head may reprimand any employee under his/her supervision for cause. Such
reprimand shall be in writing and addressed to the employee. A copy shall be placed in the
employee's personnel file. However, the employee may file a letter of response to the reprimand
that shall be attached to the reprimand in the file. In addition, an employee receiving a written
reprimand may, after one (1) year from the date of said reprimand, request in writing to the City
Administrator, a review of the letter of reprimand and removal of said letter from the record. The
City Administrator may, after reviewing the letter, order its removal from the employee's personnel
file.
Suspension
The department head may, for cause, suspend an employee without pay not exceeding thirty (30)
calendar days in any twelve (12) month period; however, no single suspension shall be for more
than fifteen (15) calendar days. The department head shall notify the employee no later than one (1)
day after the suspension is made effective. Such notice shall include the reasons for and the duration
of the suspension.
Demotion
The department head may demote an employee for cause. A written statement of the reasons for any
such action shall be furnished to the employee and a copy filed in the employee's personnel file. No
demotion shall be made as a disciplinary action unless the employee to be demoted is eligible for
employment in the lower class and shall not be made if any permanent employee in the lower class
will be laid off by reason of the action.
Dismissal
The City Administrator may dismiss for cause an employee by delivering, at least fifteen (15)
calendar days before the effective date thereof, a written statement of reasons to the employee
concerned. If the City Administrator, because of the reasons for the discharge, desires to make an
immediate separation from the service, he / she may make a suspension without pay, pending the
discharge. By so doing, such action shall automatically result in permanent separation at the end of
the period of suspension. Suspension pending discharge shall not be subject to the limitation as
provided above.
Blair — IBEW Contract 10/01/10, vl Page 16
Grievance and Arbitration Procedure
Any employee involved in a disciplinary action that desires to participate in the grievance and
arbitration process must comply with the grievance and arbitration procedure as contained in this
agreement.
The City of Blair and the Union agree that the grievance and arbitration procedures provided in
this Agreement are adequate to provide fair and final determination of all grievances arising
under the terms of this Agreement. During the period of this Agreement there shall be no strikes,
work stoppages, slow - downs, picketing or other interference with the operations of the City of
Blair nor shall there be abstinence in whole or in part from the full faithful and proper
performance of the duties of employment by concerting actions with others (all of which are
hereinafter referred to as strikes).
There shall be no City of Blair lockouts during the term of this Agreement.
10. JOINT COMMITTEES
SAFETY COMMITTEE: The City of Blair shall have a Safety Committee, which shall include
two (2) Union Representatives and two (2) representatives from the City of Blair to serve on the
committee. The purpose of the Safety Committee is to bring together employees in a cooperative
effort to promote safety at each work site. The committee is limited to making recommendations
regarding methods of addressing safety and health dangers at each work site. The Safety
Committee shall meet at least once during each three -month period, or in a reasonable timely
response to unresolved employee complaints. The Safety Committee shall maintain written
minutes of all meetings for at least three years, and the names of all individuals on the committee
shall be made available to all employees.
LABOR MANAGEMENT COMMITTEE: Representatives of the Union and the City will meet
periodically to discuss items of interest to both parties in an effort to benefit the operation and
environment of the organization through joint study and planning. Either party may initiate a
meeting at any time during the course of the year.
Blair — IBEW Contract 10 /01 /10, vl Page 17
11. EQUAL EMPLOYMENT OPPORTUNITY
Equal Employment Opportunity Policy
The City of Blair is an equal opportunity employer. Discrimination against any person in
recruitment, selection, appointment, classification, compensation, duty assignment, work schedule,
worldng condition, leave authorization, training promotion, discipline, retention, or any other aspect
of personnel management because of political or religious opinions or affiliations; or because of
race, color, national origin, marital status, veteran status, or other non -merit factors is prohibited.
Discrimination on the basis of age, sex, or physical requirements is prohibited except where specific
age, sex, or physical requirements constitute statutory or other bona fide occupational qualifications
necessary to property and efficient administration.
Equal Employment Officer
The City Administrator shall act as or shall designate an Equal Employment Officer, who shall
initiate or maintain any special records or controls necessary to implement the policy of equal
employment opportunity. The Equal Employment Officer shall identify and analyze problem areas,
develop realistic program objectives, assess progress and periodically update the objectives as
necessary. He or she shall recommend any changes in rules, regulations, policies, or procedures that,
however unintentionally, may operate as unnecessary barriers inhibiting equality of opportunity. All
City employees shall cooperate with the Equal Employment Officer in attaining the program
objectives.
Affirmative Action
Should minorities and/or women be significantly underrepresented in a segment of the City work
force in relation to the available skills in the relevant labor markets, the Equal Employment Officer,
with the objective of causing the imbalance to be rectified, shall initiate the development of an
affirmative action plan incorporating, as appropriate, specific employment goals and timetables
based on turnover and hiring projections. Department and division heads shall be involved in both
the development and the implementation of the plan. The affirmative action plan shall include
outreach recruitment, employee development, and/or other activities targeted to produce well -
qualified minority and /or women applicants as appropriate.
Discrimination Complaints
Employees alleging prohibited discrimination shall have the option of using the established appeal
and grievance procedures as appropriate. Outside applicants shall have the option of filing
complaints with the Equal Opportunity Officer, who shall respond in a timely and appropriate
manner after conducting any necessary investigations. No person shall be subject to reprisal for
good -faith participation in a discrimination complaint proceeding in any official forum.
Blair — IBEW Contract 10 /01 /10, vl Page 18
Disability Accommodation
The City is committed to complying fully with the Americans with Disabilities Act (ADA) and
ensuring equal opportunity in employment for qualified persons with disabilities. All
employment practices and activities are conducted on a non - discriminatory basis. Reasonable
accommodation is available to all disabled employees, where their disability affects the
performance of job functions. All employment decisions are based on the merits of the situation
in accordance with defined criteria, not the disability of the individual.
Qualified individuals with disabilities are entitled to equal pay and other forms of compensation
(or changes in compensation) as well as in job assignments, classifications, organizational
structures, positions, descriptions, lines of progression and seniority lists. Leave of all types will
be available to all employees on an equal basis.
The City is also committed to not discriminating against any qualified employees or applicants
because they are related to or employed with a person with a disability. The City will follow any
state or local law that provides individuals with disabilities greater protection than the ADA.
This policy is neither exhaustive nor exclusive. The City is committed to taking all other actions
necessary to ensure equal employment opportunity for persons with disabilities in accordance
with the ADA and all other applicable federal, state, and local laws.
Immigration Law Compliance
The City is committed to employing only United States citizens and aliens who are authorized to
work in the United States and does not unlawfully discriminate on the basis of citizenship or
national origin.
In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a
condition of employment, must complete the Employment Eligibility Verification Form I -9 and
present documentation establishing identity and employment eligibility. Former employees who
are rehired must also complete the form if they have not completed an I -9 with the City within
the past three years, or if their previous I -9 is no longer retained or valid.
Employees with questions or seeking more information
encouraged to contact the City Administrator. Employees
about immigration law compliance without fear of reprisal.
on immigration law issues are
may raise questions or complaints
Blair — IBEW Contract 10 /01 /10, vl Page 19
12. METHOD OF FILLING VACANCIES
Vacancy Identification
Department heads shall notify the City Administrator as soon as they become aware of actual or
impending vacancies in their organizations. No vacancy may be filled without the authorization of
the City Administrator, who shall specify the selection process or processes to be used.
Promotion Policy
A promotion is the assignment of an employee from a position in one class to a position in another
class having a higher maximum salary. The City shall provide promotional opportunities whenever
feasible. City employees may also apply and be considered for any position in the same manner as
members of the general public.
Competitive Selection
When a competitive selection process is to be used, the City Administrator, according to the best
interest of the City, may designate the area of consideration of applicants from the following:
(a) The selection process may be limited to persons in the City service or a segment
thereof;
(b) The selection process may be opened to the general public without special
preference or consideration for any City employees who apply; and
(c) The selection process may include both City employees and members of the general
public, with City employees given preference in application and/or consideration.
Noncompetitive Selection
When, in the best interest of the City, the City Administrator may specify a noncompetitive
selection process. Vacancies may be non - competitively filled with qualified persons by the
following means:
(a) Reinstatement of a former City employee, as described elsewhere in these rules;
(b) Demotions for cause, as described elsewhere in these rules;
(c) Voluntary demotion;
(d) Re- promotion of an employee previously demoted in lieu of layoff;
(e) Lateral transfer; and
(f) Special employment program.
Blair — IBEW Contract 10 /01 /10, vl Page 20
Voluntary Demotion
Demotion is the assignment of an employee from a position in one class to a position in another
class having a lower maximum salary. An employee may be demoted at his or her own request if in
the best interest of the City.
Demotion in Lieu of Layoff
An employee may be demoted as an alternative to a layoff. Such demotion may be fully or partially
rescinded at any time through noncompetitive re- promotion.
Lateral Transfer
Lateral transfer is any assignment from one position to another not involving a promotion or
demotion. A lateral transfer may be affected at any employee's request or for reasons of
administrative necessity. To ensure equal opportunity, the City Administrator shall ensure that
notices are posted in City departments and divisions soliciting applications for lateral transfer.
Special Employment Programs
From time to time, the City Administrator, in furtherance of legitimate public policy objectives, may
specify that vacancies be filled with persons eligible for inclusion in particular special employment
programs without regard to other provisions of this agreement concerning selection processes.
Special employment programs include internships, youth and adult work -force development and
training programs, work -study programs, intergovernmental mobility assignments, vocational
rehabilitation programs, and seasonal employees. Special Employment Programs will not be used to
fill Regular Employee / Regular Full Time positions.
Temporary Positions
The City Administrator may authorize any fair and practical means of filling temporary or seasonal
positions without regard to other provisions of this chapter concerning selection processes.
Temporary and/or Seasonal positions will not be used to fill Regular Employee / Regular Full -time
positions.
Blair — IBEW Contract 10/01/10, vl Page 21
13. RECRUITMENT AND SELECTION
Vacancy Announcements
The City Administrator shall post on all City bulletin boards and announce all vacancies for which a
competitive selection process has been specified. At a minimum, vacancies should be advertised in
the local newspaper. For specialized positions or when necessary to meet equal employment
opportunity objectives, additional publicity shall be targeted to likely sources of qualified applicants
such as community organizations, educational institutions, and other governmental entities.
Advertisements may also be placed in appropriate professional journals and out -of -town
newspapers. Each vacancy announcement shall include, at a minimum, the following information:
(a) Title and salary of the position;
(b) Summary of the qualifications for the position;
(c) Method of and deadline for filing applications; and
(d) A statement that the City is an equal opportunity employer.
Purpose and Design of Application Forms
The City Administrator shall develop one or more general application forms for use in applying for
City employment. The City Administrator and/or department heads may also develop specialized or
supplemental application forms for use in appropriate circumstances. The City Administrator for
technical adequacy, utility, and equal employment opportunity compliance shall review any forms
developed by department and division heads. Application forms shall be used in making fair
determinations of qualifications for employment. Information concerning non -merit factors shall
only be requested as necessary to satisfy equal employment opportunity and other legal
requirements.
Filing of Applications
Applications shall be filed with the City Administrator as specified in the applicable vacancy
announcements. The City Administrator may authorize the acceptance of 'late applications if in the
best interest of the City. The City Administrator shall provide all reasonable assistance to persons
requesting help in completing their applications. All information submitted shall be subject to
verification. The City may cease accepting or processing applications at any time in accordance
with operational requirements.
Initial Processing of Application
The City Administrator shall be responsible for the initial processing of employment applications.
Information collected solely for equal employment opportunity purposes shall be detached from the
main body of each application upon receipt. The information shall be separately and securely filed
by the Personnel Officer and shall not be used in the selection process.
Blair — IBEW Contract 10/01/10, vl Page 22
Evaluation of Qualifications
Applicants shall be required to provide any information and undergo any examinations necessary to
demonstrate their qualifications for the City service and the positions involved. Depending on the
nature of the vacancy, applicants may be required to undergo written, oral, performance, physical
agility, background, medical, psychological, and/or other evaluation procedures, which are fair,
practical, and job - related. Applicants may be required to grant releases to permit review of
conviction records, medical, employment, educational, financial, and other records necessary to
properly evaluate the applicant for the position. Conviction of a crime is not an automatic bar to
employment - all circumstances will be considered.
Disqualification
A new hire applicant may be disqualified from further consideration at any stage of the selection
process for any of the following reasons:
(a) Applicant is an illegal alien or an alien with a visa specifically precluding their
working;
(b) Applicant will not have attained his or her 18th birthday at the time of appointment,
except that a lower minimum age may be established for certain temporary positions
and a higher minimum age and/or maximum entry age may be established for
certain positions when required by law or when otherwise constituting a bona fide
occupational qualification;
(c) Applicant is not medically qualified to perform the duties of the position as
ascertained in a manner prescribed by the City Administrator, except that
handicapped persons shall not be disqualified on medical grounds if their handicaps
can reasonably be accommodated in the workplace and if the handicapped persons,
if selected, can substantially perform the duties of their positions without
endangering themselves, other persons, or property;
(d) Applicant is not of good moral character to the extent that his or her job performance
would be impaired or that significant discredit or excessive risk would be brought
upon the City by his or her employment;
(e) Applicant will not comply with the applicable response time requirement unless
proper waiver has been obtained;
(f) Appointment of the applicant will violate a prohibition on the employment of
relatives;
(g) Appointment of the applicant will create a conflict of interest situation;
(h) Applicant lacks the education, experience, aptitude or similar qualification required
for the position;
Blair — IBEW Contract 10 /01 /10, vl Page 23
(i) Applicant is addicted to the use of drugs and/or intoxicating beverages;
(j) Applicant has been convicted of a crime of such nature as to constitute an excessive
risk to the City if he or she is employed;
(k) Applicant has been or is about to be dismissed from employment or military service
for reasons indicating a current unfitness for the position or constituting an excessive
risk to the City if he or she is employed;
(1) Applicant has made a false statement of material fact or has committed or attempted
to commit a fraudulent, illegal, or unethical act or has attempted to exert political
influence at any point in the application or selection process; and
(m) Applicant will not possess any required license or certificate or will not be able to
comply with any other requirement or condition of employment at the time of
appointment.
Selecting Officials
The City Administrator shall select department heads, subject to the approval of the Mayor and City
Council. Department heads shall, with the assistance of the Assistant Administrator, otherwise
select their subordinates and shall forward their selection recommendations and supporting
information to the City Administrator for approval.
Interviews
Selection official(s) shall interview applicants in competitive selection processes who on the record
appear to be the best qualified for the positions involved. A written summary of interview questions
and answers shall be prepared and retained. Interviews shall be conducted in a consistent job-
related, and nondiscriminatory manner and shall focus on the following:
(a) Clarification of items listed on the application;
(b) Clarification of an applicant's qualifications;
(c) Clarification of an applicant's availability;
(d) Discussion of City salaries, benefits, career opportunities, policies, and working
conditions;
(e) Discussion of the nature and duties of the position involved.
Documentation and Notification
The City Administrator shall devise necessary forms and procedures pertaining to the selection
process. Disqualification and selection decisions shall be thoroughly documented by the responsible
Blair — IBEW Contract 10/01/10, vl Page 24
official(s). Selecting official(s) may conduct reference checks of applicants. The City Administrator
shall also respond to any written requests from applicants concerning the reasons for their
disqualification or non - selection.
Blair — IBEW Contract 10 /01 /10, vI Page 25
14. APPOINTMENT
Appointing Authority
The City shall employ no person unless appointed by proper authority. The Mayor, with the
approval of the City Council, is the appointing authority for City Administrator, Assistant City
Administrator, Director of Public Works, City Clerk, City Treasurer, and Chief of Police as
mandated by statute or ordinance. The City Administrator is the appointing authority for all other
positions. Appointment actions shall be required for entering the City service and for subsequent
position changes.
Appointment Types
Appointments shall be designated as either regular or temporary.
Regular appointments shall ordinarily be of indefinite duration and may be made in unusual
circumstances.
Temporary appointments shall not exceed one year in duration and may be made to full -time or
part -time positions requiring continuous, seasonal or intermittent performance or requiring service
in a public emergency.
Initial or successive temporary appointments shall not be used in circumstances where the nature
and expected duration of the work indicate that regular appointments are more appropriate.
Appointments shall be subject to the applicable provisions of these rules regarding probationary
periods.
Employment of Relatives
No employee may directly or indirectly supervise, be supervised by, or be employed in the same
department as a member of his or her family. For purposes of this provision, family includes
husband, wife, father, mother, daughter, daughter -in -law, son, son -in -law brother and sister. The
City Administrator shall take, direct or recommend any actions necessary in regard to applicants
and/or employees in order to enforce this section. For the purposes of "same department ", the street,
water and waste water distribution, water plant and waste water plant shall all be different and
separate departments.
Residence
Residency in the City of Blair is encouraged for all employees but shall not be required.
However, in the interest of the City of Blair, employees shall reside in proximity to the City of
Blair so that the maximum allowable response time for all City employees, from their residence,
shall be thirty (30) minutes from time of notification. Response time shall mean the time elapsing
between an employee's receipt of an emergency notification from the employee's supervisor or
the supervisor's representative and the employee's arrival at the employee's duty station. It shall
Blair — IBEW Contract 10/01/10, vl Page 26
be the duty of each department to maintain the response time of his /her employees and to
immediately report any violation or discrepancy to the City Administrator.
Processing and Orientation
New and reinstated employees shall report to the City Administrator as directed for completion of
personnel and payroll forms and for a general orientation to the City government, the personnel
management system, and the City policy of equal employment opportunity. Department heads shall
provide further orientation on such matters as the probationary period, employee rights and
responsibilities, assigned duties, level of performance expected, organizational structure and
interrelationships, hours of work, safety, and the substance and availability of these rules and any
applicable supplemental personnel regulations. Employees should be made to feel welcome and
should be especially encouraged to ask questions during their first days of employment.
Blair — IBEW Contract 10/01/10, vl Page 27
15. NEW EMPLOYEE INTRODUCTORY PERIOD
Requirement of Introductory Period
Every person who is initially appointed to City service under a regular appointment, or under a
temporary appointment for other than seasonal or intermittent work, shall be required to
successfully complete an introductory period of six months as a condition of continued employment
in the position. Said six month introductory period shall be the initial six month period of actual
work performed in the position. On a case -by -case basis, the City Administrator may require the
completion of an introductory period following other kinds of personnel actions.
Purpose of Introductory Period
The introductory period is the final step of the selection process and shall be used by department
heads and other supervisors to closely observe and evaluate the conduct, work and fitness of
subordinates and to encourage them to adjust to their jobs. Supervisors shall provide necessary
training and counseling to their introductory employees, whose performance shall be thoroughly
documented as administratively prescribed.
Failure of the Introductory Period
At any time during the employee's introductory period, an employee may be dismissed from City
service with or without cause. The City Administrator may provide an employee with additional
time in which to demonstrate acceptable performance by extending the introductory period for no
longer than one (1) period of six (6) months. The employee shall be notified of any such extension
and the reason of such extension. An employee shall have no right to appeal a failure of the
introductory period.
Requirement of Probationary Period
Every City employee who is transferred and/or promoted in City service shall be required to
successfully complete a probationary period of sixty days as a condition of continued employment
in the new position.
Purpose of Probationary Period
The probationary period is the final step of the employee transfer / promotion process and shall
be used by department heads, supervisors and administration to closely observe and evaluate the
ability of the employee to perform the job functions and responsibilities of the new position.
Supervisors shall assist in providing necessary training and counseling. The supervisor shall be
responsible for thoroughly documenting the employee's progress or lack of progress, employees
shall be provided copies of the documentation of the employee's progress.
Blair — IBEW Contract 10/01/10, vl Page 28
Failure of the Probationary Period
At the end of a probationary period of sixty days, an employee may be transferred back to his/her
previous position for lack of progress, lack of employee initiative, or inability to perform the job
functions and responsibilities of the new position. Such inability shall be thoroughly documented.
The City Administrator may provide an employee with additional time in which to demonstrate
acceptable performance by extending the probationary period for no longer than one (1) period of
sixty days. The employee shall be notified of any such extension and the reason of such extension.
17. EMPLOYEE DEVELOPMENT AND EVALUATION
Employee Development Policy
The City Administrator and department heads, shall establish appropriate programs to develop the
capacity of employees to render more effective service to the City. Such programs may include
formal courses, seminars, workshops, demonstrations, directed readings, special assignments and
other activities designed to improve employee knowledge, shill and job effectiveness with due
consideration for the personal career objectives of employees and the enhancement of equal
employment opportunity. Employee development activities shall be conducted during regular
working hours to the extent possible.
Performance Evaluation Requirement
The work performance of each regular employee shall be objectively evaluated on a periodic
basis. An evaluation, on the prescribed form, shall be made by the immediate supervisor acting
as rater and shall become official when reviewed and approved with any necessary
modifications, by the next higher supervisor, if any. Subject to any necessary delay to allow the
rater to have supervised the employee for at least three months, an employee's performance shall
be evaluated at the following times:
(a) A minimum of one time in the introductory period;
(b) Annually, on the employee's anniversary date of the current position.
(c) Whenever the supervisor desires to recognize meritorious or deficient service or
whenever an evaluation would otherwise be in the best interest of the City.
Purpose of Evaluations
Performance evaluations are designed to help supervisors and employees measure how well work is
performed in relation to applicable job requirements, to encourage improvement in such
performance, and to provide a tool for management decisions concerning employee development.
Performance evaluations, as well as day -to -day feedback and counseling activities, shall be used to
recognize and reinforce positive performance and to correct negative performance. Employees shall
be shown their performance evaluation for discussion and for acknowledgment by signature, and
Blair — IBEW Contract 10 /01 /10, vl Page 29
shall be provided a copy of their performance evaluation marked "EMPLOYEE COPY'. Once
provided with the marked "EMPLOYEE COPY' of their evaluation, employees are responsible for
their evaluation privacy. Employees disagreeing with their evaluations may seek adjustments
through use of the established grievance procedure.
Blair — IBEW Contract 10/01/10, vl Page 30
18. ATTENDANCE AND LEAVE
Work Schedules and Attendance
Department heads shall establish work schedules to meet the requirements of their department, and
such work schedules shall be approved by the City Administrator. Water Plant Operators will be
allowed to trade shifts at no cost to the City of Blair. Employees shall be at their places of work as
scheduled or shall provide timely notification to their supervisor or department head prior to the first
normal duty hour, or as soon as possible thereafter, if unable to report. No employee's regular work
schedule shall call for more than forty hours of work per week. Any reference in this agreement to
the term "day" will mean 8 hours.
Lunch periods shall ordinarily be one hour in length. All employees shall work schedules and lunch
periods as approved by City Administrator.
Each employee shall be granted a twenty (20) minute rest period during each one -half (1/2) day
of work for relaxation from the regular routine of duty. The twenty (20) minutes shall be from
the time employee stops work at any work station until restarting work at that work station or the
next.
Overtime
Employees shall work overtime or shall be on call when necessary. All Supervisors shall maintain a
work schedule for their department that eliminates the requirement for automatic overtime
(including flex schedules), unless it is determined, with the consent of the City Administrator, that
due to the department's work load, mandatory overtime should be scheduled. Overtime shall be
worked only with specific authorization. Employees shall be reimbursed at the rate of 1 1/2 times
their regular hourly rate for all hours worked in excess of 40 hours per week.
Vacation Leave
Regular full -time employees, and regular part-time employees normally working twenty (20) hours
or more per week, shall be provided with paid vacation leave to allow them periods of rest,
relaxation, and freedom from the rigors of their jobs. Eligible full -time employees shall accrue
vacation leave bi- weekly at the following rates.
Years of Regular City Service
Bi- Weekly Accrual
Annual Accrual
Years 1 - 5
2.92 hours
76 hours
Years 6 - 9
3.81 hours
99 hours
Years 10 - 14
4.69 hours
122 hours
Years 15 - 17
5.92 hours
154 hours
Years 18 - 19
6.00 hours
156 hours
Years 20 - 24
6.34 hours
165 hours
Years 25 and over
6.77 hours
176 hours
Accrual rates for regular part-time employees will be pro- rated.
Blair — IBEW Contract 10 /01 /10, vl Page 31
Vacation leave shall be administered according to the following rules:
(a) No vacation leave shall be granted in advance of accrual.
(b) Requests for vacation or comp time leave shall be submitted at least 48 hours in
advance; however, the City Administrator or his/her designee can waive the notice
requirement if the work schedule allows it.
(c) Vacation leave may be taken when earned.
(d) The City Administrator shall approve vacation leave for department heads, who in
turn shall be responsible for scheduling vacation leave for subordinate employees
based on considerations of operational requirements, employee preferences, and
seniority within the regular City Service.
(e) The initial minimum period of vacation leave shall be one -half ( /2) hour; (anything
over 1 /2 hour may be taken in 15- minute increments).
(f) Holidays occurring during periods of vacation leave shall not be charged against
such leave.
(g) No cash payments for unused vacation leave shall be authorized except upon
separation from City service by retirement, dismissal, death or resignation in good
standing.
(h) A maximum of 40 hours may be carried forward each anniversary year, along with
vacation accumulation of the immediately proceeding anniversary year.
Sick Leave
Regular full -time employees shall be provided with paid sick leave for use if incapacitated by illness
or injury, if exposed to contagious disease when presence at work would jeopardize the health of
others, and for medical, dental, optical, or other health care appointments which cannot reasonably
be scheduled for off -duty hours. Eligible employees shall accrue 3.57 hours of sick leave bi- weekly,
with the accrual for regular part-time employees prorated according to time worked. Sick leave shall
be administered according to the following rules:
(a) Sick leave may not be accumulated beyond 928 hours for full-time employees
working 40 hour weeks, except an employee that has accumulated allowable sick
leave greater than 928 hours as of December 31, 2010, shall retain the greater
number of accumulated sick leave hours with the following conditions. If any
employee has accumulated in excess of 928 hours, the accumulated hours shall be
reduced by the number of sick leave hours used until that employee has reduced
their accumulated hours to 928 or fewer hours. Thereafter, the employee shall be
subject to the maximum allowable accumulation of 928 hours.
(b) Sick leave shall not be granted in advance of accrual, but vacation leave and/or leave
without pay may be authorized for employees exhausting their sick leave.
(c) All employees of the City are covered by Worker's Compensation Insurance. This
includes regular full -time, regular part-time and temporary employees. Worker's
Blair — IBEW Contract 10/01/10, vl Page 32
Compensation coverage includes medical, injury to specific members, and injury
causing death or disability. An employee receiving compensation under Worker's
Compensation Laws shall receive for the duration of such compensation only that
portion of his /her regular salary, which will, together with such compensation,
equal his /her regular salary. Under these conditions, earned sick leave shall be
charged proportionately, in increments of not less than one (1) hour for that part
of the day which is sick leave pay, until such accumulated sick leave is exhausted.
(d) The City may request and obtain a physician's statement after (3) consecutive sick
days taken by employees or otherwise verify the circumstances surrounding the
taking of sick leave. The abuse of sick leave shall be grounds for disciplinary action.
(e) The initial minimum period of sick leave shall be one -half ( /2) hour; anything over
1 /2 hour may be taken in 15- minute increments.
( Holidays occurring during periods of sick leave shall not be charged against such
sick leave.
(g) An employee shall only be compensated for unused sick leave as follows: (1) Upon
death or retirement an employee shall be paid for one -half of the unused
accumulated sick leave not to exceed the accumulation as allowed in subsection (a)
above; (2) Upon resignation in good standing and specifically excluding resignations
prompted by any action of the employee which may result in disciplinary action, an
employee who has current continuous employment with the City for not less than ten
(10) years shall be paid a percentage of unused accumulated sick leave not to exceed
928 hours based on the number of years of service as follows:
10 years 5% 16 years 30%
11 years 5% 17 years 35%
12 years 10% 18 years 40%
13 years 15% 19 years 45%
14 years 20% 20 years 50%
15 years 25%
No payment for unused accumulated sick leave shall be paid to an employee in the
event of termination for cause or resignation prompted by an action of the employee
that could result in disciplinary action.
(h) Sick leave shall not be transferable between employees.
(i) Sick leave may be used during the introductory period; however, cannot be used
until earned.
(j) An Employee may use sick leave to assist in the care, treatment and transportation of
immediate family members for accidents, injuries and illness. (Immediate family =
husband, wife, son, daughter, mother, father, brother, sister, parent -in -law, in locus
parenti, or other legal dependents.) The City reserves the right to use management
Blair — IBEW Contract 10/01/10, vl Page 33
discretion in the determination of granting sick leave to employees in the situation(s)
described in this paragraph. Each situation will be handled on a case -by -case basis
with final determination by the City Administrator.
(k) If an employee is not reporting for work due to sick leave, he /she is required to
contact his/her immediate supervisor within (30) minutes of start time. If the
employee is hospitalized or not able to report the illness, a family member can
contact the supervisor to report the illness.
(1) Employees with life - threatening illnesses, such as cancer, heart disease, and
AIDS, often wish to continue their normal pursuits, including work, to the extent
allowed by their condition. The City supports these endeavors as long as
employees are able to meet acceptable performance standards. As in the case of
other disabilities, the City will make reasonable accommodations in accordance
with all legal requirements, to allow qualified employees with life - threatening
illnesses to perform the essential functions of their jobs.
Medical information on individual employees is treated confidentially. The City
will take reasonable precautions to protect such information from inappropriate
disclosure. Managers and other employees have a responsibility to respect and
maintain the confidentiality of employee medical information. Anyone
inappropriately disclosing such information is subject to disciplinary action, up to
and including termination of employment. Employees with questions or concerns
about life - threatening illnesses are encouraged to contact the City Administrator
for information and referral to appropriate services and resources.
(m) Employees shall not receive a clothing or uniform allowance if employee is on sick
leave for more than 30 consecutive work days.
Funeral Leave
In the event of a death, a regular employee is authorized three (3) eight (8) hour days or a total of
twenty -four (24) hours of paid Funeral Leave per year, which shall not be chargeable to Vacation
Leave.
In the event of a death, a shift worker as defined in this agreement is authorized to use up to
twenty -four (24) hours of paid Funeral Leave per year, which shall not be chargeable to Vacation
Leave.
The initial minimum period of funeral leave shall be two hours; anything over two hours shall be
taken in one -hour increments. The Funeral Leave request shall be submitted to the City
Administrator by the Department Head for approval.
Blair — IBEW Contract 10/01/10, vl Page 34
Administrative Leave
The City Administrator may grant subordinate employees paid administrative leave, not chargeable
to vacation leave, under the following circumstances:
(a) Jury Duty: The City encourages employees to fulfill their civic responsibilities
by serving jury duty when required, with pay, in compliance with Nebraska state
law.
Jury duty fees paid by the court shall be delivered to the City. City pay will be
calculated based on the employee's base pay rate times the number of hours the
employee would otherwise have worked on the date of absence. Any jury duty
fees paid by the court will be delivered to the City by the employee unless the
employee elects to use vacation, floating holiday or comp time.
Employees must show the jury duty summons to their supervisor as soon as
possible so that the supervisor may make arrangements to accommodate their
absence. Of course, employees are expected to report for work whenever the
court schedule permits.
Either the City or the employee may request an excuse from jury duty if, in the
City's judgment, the employee's absence would create serious operational
difficulties.
The City will continue to provide health insurance benefits for the full term of the
jury duty absence. However, employees remain responsible for their portion of
any insurance premiums throughout the term of their jury service.
(b) Witness Duty: The City recognizes that employees must appear in court for witness
duty when subpoenaed to do so. If employees have been subpoenaed or otherwise
requested to testify as witnesses by the State of Nebraska, Washington County or the
City of Blair, they will receive time off with pay for the entire period of witness
duty. Any witness fees will be delivered to the City by the employee unless the
employee elects to use vacation, floating holiday, or comp time.
Employees will be granted unpaid time off to appear in court as a witness when
requested by a party other than the State, County or City. Employees are free to
use any available paid leave benefit to receive compensation for the period of this
absence.
The subpoena should be shown to the employee's supervisor immediately after it
is received so that operating requirements can be adjusted, where necessary, to
accommodate the employee's absence. The employee is expected to report for
work whenever the court schedule permits.
Blair — IBEW Contract 10 /01 /10, vl Page 35
(c) Military Leave: A military leave of absence will be granted to employees who
are absent from work because of service in the U.S. uniformed services in
accordance with the Uniformed Services Employment and Re- employment Rights
Act (USERRA). Advance notice of military service is required, unless military
necessity prevents such notice or it is otherwise impossible or unreasonable.
Employees who are active members of the National Guard or Active Reserve
should discuss their leave requirements with their supervisor, and then with the
City Administrator.
The City Administrator may grant subordinate employees paid administrative
leave, not chargeable to vacation leave, under the following circumstances:
when an employee participates in Nebraska National Guard military training
for not more than 15 work days in any calendar year; and
when the Governor of Nebraska calls an employee to military duty in an
emergency, in which case the City shall pay the difference between the
employee's City salary and his or her military pay, if lower.
In all other cases, an employee may use accrued vacation and comp time; if the
mission exceeds the accumulated paid leave (vacation and comp time), the
Administrator may grant unpaid leave.
Continuation of health insurance benefits is available as required by USERRA.
The City will continue to pay its share of the health insurance premium during
paid leave. The employee is responsible for her /his normal share of the premium
during this period. Upon expiration of paid leave, the City will pay the entire cost
of health insurance for up to 6 months, starting the first day of the month
following expiration of paid leave. If the mission requires that leave extend
beyond 6 months, the employee may extend his /her insurance coverage by paying
the entire premium.
Employees on military leave are required to return to work for the first regularly
scheduled shift after the end of service, allowing reasonable travel time.
Holidays, which fall during an employee's paid leave, will be paid at eight hours.
Holiday pay will not be paid during periods of unpaid leave. Vacation and sick
leave will not accrue while an employee is in unpaid status.
An employee who is on leave for military duty will not be allowed to utilize paid
sick leave. Sick leave accumulated prior to leave for military duty will be usable
when the employee returns to full -time work. If military leave lasts more than 30
days, the employee shall not receive a clothing or uniform allowance.
Blair — IBEW Contract 10/01/10, vl Page 36
Employees returning from military leave will be placed in the position they would
have attained had they remained continuously employed; or a comparable one
depending on the length of military service in accordance with USERRA. They
will be treated as though they were continuously employed for purposes of
determining benefits based on length of service.
(d) Time Off to Vote: The City encourages associates to fulfill their civic
responsibilities by participating in elections. Generally, employees are able to
find time to vote either before or after their regular work schedule. If associates
are unable to vote in an election during their non - working hours, the City will
grant up to two hours of time off with pay. In accordance with state law, the City
may choose the time the employee may take to vote. Employees should request
time off to vote from their supervisor at least one working day prior to the
Election Day. Advance notice is required so that the necessary time off can be
scheduled at the beginning or end of the work shift; whichever provides the least
disruption to the normal work schedule.
Leave without Pay
A department head, with the approval of the City Administrator, may grant an employee a period
of leave without pay, workload permitting, for good cause for up to six (6) months, with
continuation of benefits. Approved leave without pay may be terminated earlier than planned if
in the best interests of the City. An employee on leave without pay shall be responsible for the
entire premium for health, dental, vision, and life insurance. If an employee on leave without pay
fails to pay for continuation of benefits, they may be subject to pre- existing condition limitations
upon returning to pay status.
Medical Leave of Absence (FMLA — Family Medical Leave Act)
The following is a general explanation of our employee's rights, duties and obligations under the
Federal and /or State FMLA as amended from time to time. At no time shall this manual be in
conflict with Federal and /or State FMLA Laws and Regulations.
Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, job- protected leave to
eligible employees for the following reasons:
• For incapacity due to pregnancy, prenatal medical care or child birth;
• To care for the employee's child after birth, or placement for adoption or foster care;
• To care for the employee's spouse, son or daughter, or parent, who has a serious health
condition; or
• For a serious health condition that makes the employee unable to perform the employee's
j ob.
Blair — IBEW Contract 10 /01 /10, vl Page 37
Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty
status in the National Guard or Reserves in support of a contingency operation may use their 12-
week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may
include attending certain military events, arranging for alternative childcare, addressing certain
financial and legal arrangements, attending certain counseling sessions, and attending post -
deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26
weeks of leave to care for a covered service member during a single 12 -month period. A covered
service member is a current member of the Armed Forces, including a member of the National
Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty
that may render the service member medically unfit to perform his or her duties for which the
service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient
status; or is on the temporary disability retired list.
Benefits and Protections
During FMLA leave, the employer must maintain the employee's health coverage under any
"group health plan" on the same terms as if the employee had continued to work. Upon return
from FMLA leave, most employees must be restored to their original or equivalent positions
with equivalent pay, benefits, and other employment terms.
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the
start of an employee's leave.
Eligibility Requirements
Employees are eligible if they have worked for a covered employer for at least one year, for
1,250 hours over the previous 12 months, and if at least 50 employees are employed by the
employer within 75 miles.
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that
involves either an overnight stay in a medical care facility, or continuing treatment by a health
care provider for a condition that either prevents the employee from performing the functions of
the employee's job, or prevents the qualified family member from participating in school or
other daily activities. Subject to certain conditions, the continuing treatment requirement may be
met by a period of incapacity of more than 3 consecutive calendar days combined with at least
two visits to a health care provider or one visit and a regimen of continuing treatment, or
incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet
the definition of continuing treatment.
Blair — IBEW Contract 10/01/10, vl Page 38
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken
intermittently or on a reduced leave schedule when medically necessary. Employees must make
reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the
employer's operations. Leave due to qualifying exigencies may also be taken on an intermittent
basis.
Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave while taking FMLA
leave. In order to use paid leave for FMLA leave, employees must comply with the employer's
normal paid leave policies.
Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when the need
is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as
practicable and generally must comply with an employer's normal call -in procedures. Employees
must provide sufficient information for the employer to determine if the leave may qualify for
FMLA protection and the anticipated timing and duration of the leave. Sufficient information
may include that the employee is unable to perform job functions; the family member is unable
to perform daily activities; the need for hospitalization or continuing treatment by a health care
provider; or circumstances supporting the need for military family leave. Employees also must
inform the employer if the requested leave is for a reason for which FMLA leave was previously
taken or certified. Employees also may be required to provide a certification and periodic
recertification supporting the need for leave.
City Responsibilities
The City must inform employees requesting leave whether they are eligible under FMLA. If they
are, the notice must specify any additional information required as well as the employees' rights
and responsibilities. If they are not eligible, the City must provide a reason for the ineligibility.
The City must inform employees if leave will be designated as FMLA- protected and the amount
of leave counted against the employee's leave entitlement. If the City determines that the leave is
not FMLA - protected, the City must notify the employee.
Unlawful Acts by The City
FMLA makes it unlawful for any the City to:
• Interfere with, restrain, or deny the exercise of any right provided under FMLA;
• Discharge or discriminate against any person for opposing any practice made unlawful by
FMLA or for involvement in any proceeding under or relating to FMLA.
Blair — IBEW Contract 10/01/10, vl Page 39
Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a private
lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting
discrimination, or supersede any State or local law or collective bargaining agreement which
provides greater family or medical leave rights. FMLA section 109 (29 U.S.C. § 2619) requires
FMLA covered employers to post the text of this notice. Regulations 29 C.F.R. § 825.300(a) may
require additional disclosures.
Absence without Leave
Employees failing to report for or remain at work as scheduled or directed without proper
notification, authorization, or excuse shall be considered absent without leave, shall not be in pay
status for the time involved, and shall be subject to appropriate disciplinary action. Absence
without leave for more than three consecutive working days shall be considered abandonment of
duties, which shall ordinarily result in dismissal.
Holidays
The following days, and any other days designated by the Mayor, shall be official holidays (City
Holidays) for the City of Blair. All City offices and departments will be closed on these days.
Essential water treatment plant personnel shall be required to report to duty as scheduled.
City Holidays: City offices are closed and eight (8) hours of Holiday Pay will be paid for the
following - New Year's Day, President's Day, Arbor Day, Memorial Day, July
4th, Labor Day, Columbus Day, Thanksgiving, Day after Thanksgiving, and
Christmas Day. If Christmas Eve falls on Monday through Thursday, four (4)
hours of Holiday Pay will be paid. If Christmas Eve falls on Friday, Friday is the
observed Christmas holiday. If Christmas falls on Thursday, City offices are also
closed on Friday and eight (8) hours of Holiday Pay will be paid. Two (2) eight
(8) hour Floating Holidays/Personal days.
a.) The following employees shall observe the City Holidays on the date recognized by the State of
Nebraska and/or Federal Government: Equipment Operator, Operator III /Assistant Foreman,
Utility Worker, Utility Worker II, Wastewater Plant Operator, Labor II, and Assistant
Superintendent Cemetery /Parks Dept.
b.) Water Plant Operators will be authorized to use holiday time as follows and per normal leave
request policy. All holidays must be earned prior to being used.
1.) Water Plant Operators shall receive a paid day off (8 hours) for each City legal
holiday (an estimate of 10.5 days, depending when Christmas falls.)
2.) Water Plant Operators shall be entitled to two (2) floating holidays /personal days per
calendar year, to be utilized per normal leave request policy. These can be used at
any time, subject to supervisor approval.
Blair — IBEW Contract 10/01/10, vl Page 40
3.) Water Plant Operators may accumulate holiday hours, but must use all holiday hours
by December 31 st of each year, except as follows:
a. For Thanksgiving Day and the day after Thanksgiving
i. Use the holiday time off: Must be used by January 30th of following
year.
ii. Pay for the holiday time: May be paid for eight hours at regular pay
for each holiday, but must notify City by November 15th each year.
b. For Christmas Day and /or the 1 /2 day before and /or day after Christmas (as
per policy above).
i. Use the holiday time off: Must be used by January 30th of following
year.
ii. Pay for the holiday time: May be paid for total hours earned at
regular pay, but must notify City by December 15th each year.
4.) Water Plant Operators may take accumulated holiday hours in increments of two (2)
hours.
5.) All regular holiday and/or Floating Holidays/Personal Days must be taken by
appropriate dates or it will be lost.
c.) All Employees working on designated City Holidays, except Water Plant Operators, shall be
paid at a rate of 1 1 /2 times their regular rate for actual hours worked on a "City Holiday ".
d.) For Water Plant Operators, the paid Holiday shall be the actual Holiday.
Example: If Christmas falls on Saturday, the legal City Holiday would be Friday. Those
individuals working on Saturday, Christmas Day (December 25th) would be compensated at 1 1 /2
times their regular rate for actual hours worked, not those working on Friday.
e.) New employees shall not be eligible for floating holidays until the satisfactory completion of
their 6 month probationary period. Upon completion of the probationary period, the employee
shall be entitled to one floating holiday for the remaining calendar year.
Maternity/Paternity leave
The purpose of this policy is to extend to pregnant employees the leave they medically require
and to comply with federal and state legal requirements; therefore, maternity /paternity leave
shall be granted on the same basis as leave for other medical conditions. Suggested paternity
leave is three consecutive days; leave extending beyond the third day shall be considered FMLA
leave from the fourth day. Maternity leave will be considered FMLA leave starting from the
fourth day, regardless of whether it begins prior to, or at the time of, the birth or placement of the
child.
The extent to which an employee should be permitted to work during pregnancy is a matter
between the employee and her physician. Employees who learn that they are pregnant are
expected to inform their supervisors as early as possible of the pregnancy and the expected date
Blair — IBEW Contract 10/01/10, vl Page 41
of delivery. Pregnant employees whose physicians recommend work restrictions should, like
other employees with disabilities, bring in the physician's statement outlining the restrictions.
Employees are expected to inform their supervisors of their intentions, including any changes in
their expected date of return to work. Pregnant employees will be eligible for the same benefits
as other employees who experience disabilities.
Emergency Closings
At times, emergencies such as severe weather, fires, power failures, etc. can disrupt City
operations. In extreme cases, these circumstances may require the closing of a work facility.
When operations are officially closed due to emergency conditions, the time off from scheduled
work will be paid, employees in essential operations may be asked to work on a day when
operations are officially closed. In these circumstances, employees who work will be paid
according to policy.
Blair Voluntary Fire and Rescue Department
Employees covered by this Contact Agreement who volunteer for the Blair Volunteer Fire and
Rescue Department may be allowed to respond to emergency calls under the same guidelines as
all other City of Blair employees who participate in the Blair Voluntary Fire and Rescue
Department. Employees responding to authorized emergency calls shall be compensated at their
regular pay rate for any normal working hours lost.
Blair — IBEW Contract 10 /01 /10, vl Page 42
19. EMPLOYEE RESPONSIBILITIES AND CONDUCT
Basic Employee Responsibilities and Conduct
It shall be the duty of all employees to maintain high standards of cooperation, efficiency, economy,
integrity, and impartiality in their work for the City. Actions subject to disciplinary measures
include, but are not limited to the following:
(a) Violation of any City Policy, Rule or Regulation not in direct conflict with this
agreement.
(b) Excessive, unexplained or unexcused absenteeism.
(c) Discourteous treatment of the public or work associates including abusive language
during work hours.
(d) Failure to report an accident.
(e) Falsifying employment information.
(f) Releasing confidential information.
(g) Convicted Criminal behavior including theft.
(h) Possession or consumption of alcoholic beverages or illegal drugs during working
hours and on City property (Exceptions may be granted by administrator for special
occasions).
(i) Carelessness or negligence in the performance of duties, including safety rule
violations.
0) Refusal to perform work as assigned.
(k) Abuse or unauthorized use of City property.
(1) Fighting while on duty.
(m) Any other act or failure to act which is sufficient to show the offender to be an
unsuitable and unfit person to be employed in public service not in direct conflict
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Supervisory Responsibilities
If work habits, attitude, production, personal conduct, and/or any other aspect of an employee's job
performance should fall below standard, it shall be the duty of the supervisor to advise the employee
of the deficiency at the time it is observed or as soon as possible thereafter. When feasible, warning
and counseling the employee shall precede formal disciplinary action, but nothing herein shall
prevent immediate formal action as provided elsewhere in these rules whenever required in the best
interests of the City.
Blair — IBEW Contract 10/01/10, v1 Page 43
City Property
Employees shall be responsible for the proper care and use of all City property entrusted or
available to them. Employees damaging or losing City property through negligence or abuse shall
be subject to disciplinary action and may be required to reimburse the City of such damage or loss.
City equipment, materials and supplies shall not be used for private purposes and shall not be
removed from authorized locations without proper supervisory approval. Employees leaving the
City service shall return any tools, uniforms or other City property issued to them before receiving
their final pay.
Assigned Vehicles
The City Administrator may assign City vehicles to department heads and certain other employees
for use during normal duty hours and for transportation between home and work. Such vehicles
shall otherwise be used only for official purposes, shall be kept clean, and shall be driven in a
manner conforming to applicable traffic regulations and reflecting credit upon the City government.
Outside Employment
A City employee may hold another position or paid employment or accept pay for other service
only with prior approval of his or her department head and City Administrator. A request for
approval of outside employment shall include a description of the nature of the proposed
employment, the hours involved, and any other pertinent information. Outside employment which
would create a conflict of interest, or the appearance thereof, or which would adversely affect the
employee's City job performance, shall not be approved. Approval of outside employment may be
rescinded at any time, if in the best interests of the City. The requirements of the City job, including
availability for overtime or other extra duty, shall take precedence over approved outside
employment. Action on a request for approval of outside employment shall be fully documented for
inclusion in the employee's official personnel records.
Any employee who is engaged in outside employment upon the adoption of these rules and
regulations who has not received written approval to engage in outside employment shall
immediately do so.
Conflicts of Interest
No employee shall engage in any activity or enterprise that conflicts, or creates the appearance of
conflicting, with his or her City duties or with the duties, functions, or responsibilities of his or her
employing organization. Department heads may prohibit particular activities that would create
conflicts of interest in their specific organizational environments. Employees shall be encouraged to
seek advance determinations regarding possible conflict of interest situations. The following
employee activities shall generally constitute conflicts of interest and may in some cases also be a
criminal act:
Blair — IBEW Contract 10 /01 /10, vl Page 44
(a) Engaging in any activity or enterprise involving the use, for other than City
purposes, of City time, facilities, equipment, materials, or supplies or the badge,
prestige or influence of City employment.
(b) Receiving or accepting money or other consideration from any person or entity other
than the City for the performance of any service which the employee or the City
would normally be required or expected to render or for preferential or favorable
treatment in relation to others;
(c) Having a direct financial interest in any contract with the City or a direct financial
interest in the provision of equipment, materials, supplies, or services to the City,
except as may be disclosed to and approved by the Mayor and City Council;
(d) Failing to disclose the nature and extent of any direct financial interest in legislative
matter pending before the Mayor and City Council or any zoning matter;
(e) Engaging in any business transaction or having a direct or indirect financial or other
personal interest incompatible with the employee's performance of official duties in
the public interest or tending to impair independence of judgment or action in the
performance of official duties;
(f) Disclosing confidential official information or using official information in advance
of public release when such disclosure or use would be detrimental to the City or
would advance the financial or other private interests of the employee or others; and
(g) Engaging in any activity or enterprise involving so much of the employee's time that
City job performance is impaired.
Political Activity
Employees may privately express their opinions regarding City elections, shall be encouraged to
vote, and may objectively provide election information to the public in the performance of their
official duties. No employee shall coerce or attempt to coerce another employee or shall use his or
her official authority or influence for the purpose of interfering with or affecting the result of a
nomination or election for any public office. No City employee shall be rewarded, disciplined, or
otherwise subjected to special treatment for reasons of political favor or disfavor.
Solicitation
The solicitation of funds or anything of value or the sale of any items or materials for commercial
purposes shall not be permitted during working hours or in working areas.
Harassment Prohibited
All City employees have a right to work in an environment free from all forms of discrimination
and conduct which can be considered harassing, coercive, or disruptive. Consistent with the
Blair — IBEW Contract 10/01/10, vl Page 45
City's respect for the rights and dignity of each employee, harassment based on race, color,
religion, gender, national origin, age, disability or any other characteristic protected by law, will
not be sanctioned nor tolerated. All employees should, therefore, be aware of the following
information.
Sexual harassment is strictly prohibited. Sexual harassment has been defined by government
regulation as "unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature... when submission to such conduct is made, either explicitly
or implicitly, a term or condition of an individual's employment;... when submission to or
rejection of such conduct... is used as the basis for employment decision affecting such
individual; or... such conduct has the purpose of effect or unreasonably interfering with the
individual's work performance or creating an intimidating, hostile, or offensive work
environment." Harassment on the basis of any other protected characteristic is also strictly
prohibited. Under this policy, harassment is verbal or physical conduct that denigrates or shows
hostility or aversion toward an individual because of his /her race, color, religion, gender, sexual
orientation, national origin, age, disability, marital status, citizenship or any other characteristic
protected by; law or that of his /her relatives, friends or associates; and that a) has the purpose or
effect of creating an intimidating, hostile, or offensive work environment; b) has the purpose or
effect of unreasonably interfering with an individual's work performance, or c) otherwise
adversely affects an individual's employment.
Harassing conduct includes, but is not limited to: epithets, slurs, or negative stereotyping;
threatening, intimidating or hostile acts; and written or graphic material that denigrates or shows
hostility or aversion toward an individual or group and that is placed on walls or elsewhere on
the employer's premises or circulated in the workplace.
Supervisors and managers are responsible for assuring that no employee is subjected to conduct
that constitutes sexual or any other form of harassment.
Any individual found to have engaged in sexual or any other form of harassment will be
disciplined as appropriate, up to and including discharge.
Any employ ee who believes that he or she has been the subject of sexual or any other form of
harassment anyone at the City or by any person who does business with the City, should, and
is encouraged to, bring the matter to the attention of his /her supervisor, or the City
Administrator.
A prompt and thorough investigation of the alleged incident will be conducted to the extent
possible, and appropriate corrective action will be taken if warranted. To the extent consistent
with adequate investigation and appropriate corrective action, any complaints of harassment will
be treated as confidential.
The City will not in any way retaliate against an employee, potential employee, or former
employee who, in good faith, makes a complaint or report of harassment, or participates in the
investigation of such a complaint or report. Retaliation against any individual for in good faith
Blair — IBEW Contract 10/01/10, vl Page 46
reporting a claim of harassment or cooperating in the investigation of same will not be tolerated
and will itself be subject to appropriate discipline.
The City will take all appropriate steps to enforce this Policy.
Confidentiality
All City records and information, which are not otherwise deemed to be public records under
Neb. Rev Stat 84 -712, et seq., relating to the City or its customers are confidential and
employees must, therefore, treat all matters accordingly. No City or City- related information,
including without limitation, documents, files, records, computer files or similar materials
(except in the ordinary course of performing duties on behalf of the City) may be removed from
the City's premises without permission from the City, or unless allowed under Neb. Rev. Stat
84 -712, et seq. Additionally, the contents of the City's records or information (other than public
records under Neb. Rev. Stat 84 -712, et seq.) otherwise obtained in regard to business may not
be disclosed to anyone, except where required for a business purpose. Employees will be subject
to appropriate disciplinary action, up to and including dismissal, for revealing information of a
confidential nature.
Use of Equipment and Vehicles
Equipment and vehicles essential in accomplishing job duties are expensive and may be difficult
to replace. Such equipment and vehicles shall be used only for official purposes. When using
property, employees are expected to exercise care, perform required maintenance, and follow all
operating instructions, safety standards, and guidelines.
Please notify the supervisor if any equipment, machines tools, or vehicles appear to be damaged,
defective, or in need of repair. Prompt reporting of damages, defects, and the need for repairs
could prevent deterioration of equipment and possible injury to employees or others. The
supervisor can answer any questions about an employees' responsibility for maintenance and
care of equipment or vehicles used on the job.
The improper, careless, negligent, destructive, or unsafe use or operation of equipment or
vehicles, as well as excessive or avoidable traffic and parking violations, can result in
disciplinary action, up to and including termination of employment. An employee's commute to
and from work in a City vehicle is not work time unless it is considered to be work time under
the Fair Labor Standards Act.
Blair — IBEW Contract 10/01/10, vl Page 47
20. SENIORITY
Definition of Seniority
Seniority is preference or priority by length of service when vacancies occur or new positions are
created, the purpose of which is to provide declared policy of work security measured by length
of service.
Qualifications
It is recognized, however, that in the practical application of this principle of seniority, the
necessary ability, experience and physical fitness for the job must be considered. In the case of a
promotion, transfer, or if a position vacancy occurs or a new position is created, the City will
determine who is the most qualified person in terms of experience, job knowledge, skills and
education for the position. In cases where the ability, experience and physical fitness is equal,
seniority shall be the determining factor. Should the Union consider the City's decision
concerning ability, experience or physical fitness unreasonable, it shall be a matter for
consideration as a grievance by the employee and /or the Union in the manner provided for in this
Agreement.
Determination of Seniority
The seniority of an employee is determined by the length of service computed in years, months
and days from the date of the beginning of his /her last continuous employment.
List of Employees
The City agrees to furnish the Union a list of the employees within the unit showing the names
of all employees in the order of their seniority ranking within thirty (30) days after the effective
date of this contract and a revised listing annually thereafter. Protests of errors in or omissions
from seniority rosters must be made to the City within thirty (30) days from the date of the
furnishing of lists or the lists shall be deemed correct for all purposes.
Resolution of Seniority
Where two (2) or more employees have the same net credited service, seniority between them
shall be determined alphabetically by last name, Z to A.
Termination of Seniority
Seniority and employment relationship shall terminate when an employee:
1. Quits.
2. Is discharged for just cause.
Blair — IBEW Contract 10 /01 /10, V1 Page 48
3. Is retired.
4. Is absent for three (3) successive working days without notifying the City, unless
he /she presents evidence to the satisfaction of the City that it was impossible for
him/her to give such notification.
5. Fails to report at the end of a leave of absence including Union service and
military leave.
6. Fails to report for work after a layoff within seven (7) days after being notified to
return. The City shall notify in writing those employees who are to return to work
after a layoff by mailing such notice by certified mail, return receipt requested, to
the last address furnished the City by the employee in writing or personally
delivered. Any employee thus notified must, within three (3) days after the receipt
of such notification, advise the City whether he /she intends to return to work and
must report for work within seven (7) days after such receipt unless such time is
extended in writing by the City. The seven -day period mentioned previously in
this paragraph shall commence on the date of mailing or date personally served.
Each employee shall keep the City advised of his /her correct address.
7. Is laid off for a continuous period of twenty -four (24) months.
8. Is absent for eighteen (18) months, or a time equal to one -half (1/2) seniority
time, whichever is less, because of a non - occupational injury or illness unless
such time is extended in writing by the Employer.
9. Is absent for twenty -four (24) months, or a time equal to one -half (1/2) seniority
time, whichever is less, because of an occupational injury or illness unless such
time is extended in writing by the City.
Blair — IBEW Contract 10 /01 /10, vl Page 49
21. RESIGNATION, LAYOFF INCAPACITY
Resignation
An employee may leave the City service in good standing by submitting his or her resignation at
least two weeks in advance of the effective date. The City Administrator, for good cause, may
waive any portion of the notice period. An employee resigning without the required notice shall
forfeit payment for unused vacation leave accrued and shall be ineligible for reinstatement. The
appropriate department head or City Administrator shall conduct an exit interview with each
resigning employee to determine the reasons for the resignation, to solicit suggestions for improving
operations and personnel management, and to determine whether prohibited discrimination was a
factor in the decision to resign. Any benefits or insurance coverage provided by the City's
insurance plans would be made available to the employee as appropriate, depending upon individual
policies. Continuation of benefits would be available under the same terms as any other
termination.
Retirement
The normal retirement date for general City employees will be the first day of the month following
the attainment of age 65. Early retirement will be the first day of the month following the
attainment of age 62. Employees may continue employment to age 70 by a written request to the
Department Head and City Administrator that it is the employee's desire. Health and physical
capabilities will be the determining factors in whether or not the request will be granted.
Layoff
A regular employee may be laid off from work because of lack of work or funds. Whenever
possible, an employee laid off from one department shall be assigned to a suitable position
elsewhere. Whenever possible, at least two weeks' notice or two weeks' severance pay in lieu of
the notice shall be given prior to layoff. In determining the order of layoff, the following factors
shall be taken into consideration:
a. iv eeds of sei v icc;
b. Nature of work to be curtailed;
C. Length of service; performance qualifications;
d. In addition to the above factors, the advisability of demoting the employees in higher
classes to lower classes for which they are qualified and laying off those in lower
classes may also be considered;
e. No regular, full -time employee shall be laid off from any position while a temporary
employee is still employed in the same department.
Blair — IBEW Contract 10/01/10, V Page 50
Any benefits or insurance coverage provided by the City's insurance plans would be made
available to the employee as appropriate. Continuation of benefits would be available under the
same terms as any other termination.
Separation for Incapacity
An employee may be separated for incapacity for medical reasons when the employee no longer
meets the standards of fitness required for the position or is not physically capable of performing
assigned duties without endangering self, other persons, or property. A finding of incapacity
shall be made through individual medical determination by competent authority at the City's
expense in a manner prescribed by the City Administrator. Separation for incapacity shall not be
considered disciplinary action and shall not operate to deny an employee the use of any sick
leave or other benefits that would otherwise be appropriate. Separation for incapacity is an
administrative measure designed to protect the interests of the City and the employee and to
unencumber the employee's position so that a replacement may be assigned for the maintenance
of essential City functions. Any benefits or insurance coverage provided by the City's insurance
plans would be made available to the employee as appropriate, depending upon individual
policies. Continuation of benefits would be available under the same terms as any other
termination.
Benefits Continuation (COBRA)
The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and
their qualified beneficiaries the opportunity to continue health insurance coverage under the
City's health plan when a "qualifying event" would normally result in the loss of eligibility.
Some common qualifying events are resignation, termination of employment, or death of an
employee; a reduction in an employee's hours or a leave of absence; an employee's divorce or
legal separation; and a dependent child no longer meeting eligibility requirements. Employees
are responsible for notifying the City in the event of a legal separation or a dependent child no
longer meeting eligibility requirements.
Under COBRA, the employee or beneficiary pays the full cost of coverage at the City's group
rates plus an administrative fee. The city provides each eligible employee with a written notice
describing rights granted under COBRA when the employee becomes eligible for coverage under
the City's health insurance plan. The notice contains important information about the
employee's rights and obligations.
Blair — IBEW Contract 10 /01 /10, vl Page 51
22. REINSTATEMENT
Reinstatement Following Resignation
Depending on the circumstances, the City may consider a former employee for re- employment.
Such applicants are subject to the City's usual pre- employment procedures. To be considered, an
applicant must have been in good standing at the time of their previous termination of
employment with the City and must have provided at least two weeks advance notice of their
intention to terminate their employment with the City.
Reinstatement of Benefits (Bridging)
In the event an employee terminates employment, and is rehired by the City of Blair within
twelve (12) months, that employee may be eligible to continue benefits at the level previously
enjoyed (commensurate with the new position) at the time of the termination of previous
employment with the City.
Reinstatement Following Layoff
A person who was laid off from City employment may be reinstated at any time to a position at or
below his or her former level, provided that the person is qualified to perform the duties of the
position. Reinstatements following layoff shall be based on seniority and qualifications, the most
senior qualified employee for a position will be reinstated first.
Reinstatement Following Separation for Incapacity
A person who was separated for incapacity may be reinstated to a position at or below his or her
former level within one year following separation, provided that the incapacity has been removed to
the satisfaction of the City, the person is otherwise qualified to perform the duties of the position,
and the reinstatement would be in the best interests of the City.
Blair — IBEW Contract 10/01/10, vl Page 52
23. COMPENSATION PLAN
Pay Deductions
The law requires that the City make certain deductions from every employee's compensation.
Among these are applicable federal, state, and local income taxes. The City also must deduct
Social Security taxes on each employee's earnings up to a specified limit that is called the Social
Security "wage base." The City matches the amount of Social Security taxes paid by each
employee. The City offers programs and benefits beyond those required by law. Eligible
employees may voluntarily authorize deductions from their paychecks to cover the costs of
participation in these programs.
If you have questions concerning why deductions were made from your paycheck or how they
were calculated, the City Administrator can assist in having your questions answered.
Pay Day
Employees shall be paid on a bi- weekly basis. There shall be twenty -six pay periods per year. For
pay purposes, the City Work Week for all employees except those at the Waste Water Treatment
Plant shall begin at 12:01 o'clock A.M. on Sunday and end at 12:00 o'clock Midnight on Saturday.
The Work Week for employees at the Waste Water Treatment Plant shall begin at 12:01 o'clock
A.M. on Saturday and end at 12:00 o'clock Midnight on Friday. The City shall make all wage or
salary payments by automatic deposit into employee's bank account. All employees shall notify
City, on forms provided by City, of their specific account information. Any changes in accounts
where payroll is to be deposited should be made available to the City Administrator's designee to
avoid paycheck delays and /or inconveniences for both the employee and the City. Employees will
be furnished with a payroll stub showing the amount of their wage or salary and any accumulated
leave.
Overtime Pay
Overtime work shall be discouraged except to safeguard public health, safety, and property. When
overtime work is necessary it shall be authorized in advance by the respective Department Head.
a. Employees shall be eligible for compensation for overtime hours worked in excess of 40
hours per work week. Such employees shall be reimbursed at one and one half (l V2)
times their regular rate of pay for overtime hours worked in excess of 40 hours during
the work week.
b. Compensatory time may be used in lieu of overtime compensation when in the best
interest of the City and the employee. Compensatory time will be awarded at V/2 times
the actual hours worked as accumulated per this Contact Agreement and in accordance
with the Federal Fair Labor Standards Act. Such Compensatory time may be utilized
when authorized by the Department Head based upon consideration of operational
requirements and after employee has filed a request for leave a minimum of (48) hours
Blair — IBEW Contract 10/01/10, vl Page 53
in advance; provided however, the following restrictions shall apply to the amount of
Compensatory time which may be used in lieu of overtime compensation, to -wit:
1) No employee shall be allowed to have more than 116 hours of comp time
on the books at any time.
2) No employee will be allowed to earn more than 60 hours of comp time in
any calendar year. Balance of which may be carried over into the next year.
3) Any employee with comp time on the books may cash out that comp time
the first of December each year.
c. For purposes of determining overtime pay, sick leave and comp time shall not count as
hours worked.
d. All supervisors shall flex employee's regular schedules to reduce or eliminate the need
for overtime, comp and /or extra hours. Example: Employee working Monday through
Friday (40 hour work week) takes vacation Monday and Tuesday, works 12 hours
Wednesday, would be allowed to work only 4 hours on Friday, unless an emergency
requires them to work or the time is approved by their Supervisor.
Wanes in Advance
It is a policy of the City of Blair that no advances of future wages, including accrued vacation leave,
shall be made.
Employee Benefits
The City offers a total compensation plan consisting not only of pay but also of substantial
employee benefits. The principal employee benefits which are offered to all permanent, full -time
employees working 40 hours or more a week after completing the necessary waiting period are
contained in Exhibit B.
Additional benefits available to all employees:
a. Worker's Compensation;
b. Unemployment Insurance; and
C. Social Security
Information regarding paid holidays, vacation and sick leave is included elsewhere in this
agreement. Any questions not answered in this agreement in regard to benefits should be directed to
the City Administrator.
Clothing and Uniform Allowance
Any payment made to an employee for clothing /uniform allowance, car allowance, phone allowance
and family life insurance premium shall be paid as taxable income as per IRS regulations.
Blair — IBEW Contract 10/01/10, vl Page 54
Public Works Department and Cemetery /Park Department Employees shall be eligible for clothing
and uniform allowances as follows:
a. Public Works Department, Utilities, Water, Waste Water and Cemetery /Parks
Department employees will be provided with uniforms furnished by the City through
rental service or actual purchase, as detailed in the following chart.
b. $50.00 for each employee each year for coveralls as provided in the past.
Department
T- shirts Pur chase
Shirt Rental*
Jeans Rental*
Sweat Shirt Purchase
11 initial shirts
11 initial jeans
rented, 5
rented, 5
1 City initial purchase,
Cemetery -Parks
n/a
laundered per
laundered per
then replaced as needed.
week
week
11 initial shirts
11 initial jeans
rented, 5
rented, 5
1 City initial purchase,
Streets
n/a
laundered per
laundered per
then replaced as needed.
week
week
11 initial jeans
12 initial shirts
rented, 5
1 City initial purchase,
Utilities
purchased, then
n/a
laundered per
then replaced as needed.
replaced as needed.
week
11 initial jeans
Waste Water
n/a
rented, 5
1 City initial purchase,
Plant
n/a
laundered per
then replaced as needed.
week
7 initial jeans
rented, 3
1 City initial purchase,
Water Plant
n/a
n/a
laundered per
then replaced as needed.
week
* Rental jeans and shirts are laundered weekly (as turned in). Pickup day is Wednesday.
Education Benefits
Eligible City employees shall be entitled to tuition assistance in addition to any training required by
the City. The tuition assistance shall be on the following term:
a. The City shall reimburse eligible employees for actual tuition costs; not to exceed
$150.00 per credit hour.
b. An employee must have not less than three (3) years current continuous full time
employment with the City to be eligible for tuition reimbursement, unless waived by
the City Administrator.
C. No tuition reimbursement shall be made unless the employee attains successful
completion of the course resulting in a grade equivalent to C or better.
Blair — IBEW Contract 10 /01 /10, v Page 55
d. Tuition paid at any Nebraska State College, Nebraska State University, Nebraska
Metropolitan Technical College or Dana College shall be eligible for
reimbursement. The City Administrator shall, prior to the employee's enrollment,
approve tuition at any other institution.
e. Tuition reimbursement shall be limited to courses required for an approved degree
program, for courses in math, science, English, speech, computer science /
applications, or other courses that directly improve or enhance the employee's
service to the City. The City Administrator shall, prior to the employee's enrollment,
approve all courses eligible for reimbursement.
f. Tuition reimbursement shall be limited to six (6) credit hours or an equivalent per
semester.
Certification
With the approval of the City Administrator, the City shall pay course fees, travel, lodging and
meals for training and certification courses that are required for an employee to carry out her/his
job responsibilities. If an employee fails to pass a required course or certification after two
attempts, the employee will pay all expenses associated with retaking the course. All employees
shall have one year to obtain required certification, unless otherwise required by law.
Call Out Reimbursement
The Street Department, Utilities Department, Waste Water Plant and Cemetery shall be required to
have an employee on call. The City will pay each on call employee (one employee per department)
$100.00 to be on call from 7:00 a.m. on Monday until 6:59 a.m. on the following Monday whether
or not the employee is called out. If an employee is called out while on call, the employee will be
paid for actual time worked, in fifteen (15) minute increments with a one (1) hour minimum. If the
majority of any department elects not to participate in the above policy, then that department will
maintain an on call schedule acceptable to the City Administrator and shall be compensated for
actual time worked.
Blair — IBEW Contract 10/01/10, vl Page 56
24. CONFERENCES AND TRAVEL
The City of Blair is committed to providing the employees of the City of Blair with continued
opportunities to learn and improve their shill levels to be able to provide quality service, services
and advanced certifications necessary to serve the needs of the Blair residents in a professional
manner. This may be accomplished through any one or more of the following, but not limited to:
local, regional or national seminars, conferences, joint training, technical classes, business meetings,
etc. Travel to these events will be based on the annual budget adopted.
While employees are encouraged to become active in the various trade organizations, including
leadership rolls such as the League Utilities Section, AWWA, and Rural Water Association, etc.,
employees must recognize it is a privilege to represent the City of Blair and not a right.
Conferences and Travel Approval
Annually all Department Heads and Supervisors shall review with each employee the status of the
employees required education contact hours to maintain required or earned certifications. Included
in the review will be a schedule to get the necessary hours and locations of classes that best fit the
employee, while taping in the best interest of the City to minimize costs for travel. Ultimately, it is
the responsibility of the City of Blair and the employee to make sure their authorized schedule
allows them to maintain current and valid certifications as required. The City will work with
employees to assist them in this regard.
Attendance of City employees at conferences, training sessions and business meetings shall require
prior approval of the City Administrator when expenses to the City for other than regular salaries
and benefits are to be incurred.
Conferences and Travel Arrangements
Department heads shall make appropriate advance arrangements for transportation, hotel
accommodations and activity attendance. The least expensive practical mode of transportation shall
be authorized:
a) When an employee is required to travel, the City Administrator may authorize
overnight lodging based on the length of the conference, the location, the starting
time, the ending time, the time of year, weather conditions and/or forecast.
Generally overnight lodging will be considered when travel would be required more
than one hour prior to an employees scheduled shift starting time.
b) The City shall pay all conference registration costs, including conference meals the
employee registers for as part of the conference. Any meals paid as part of
registration shall be deducted from daily meal per diem, unless as part of city
business the employee is unable to attend a meal and purchases a meal elsewhere.
c) Meal per diem — The City of Blair will reimburse employees for meals based on the
current rates and guidelines as published by the United States General Services
Blair — IBEW Contract 10/01/10, vl Page 57
Administration and approved by the IRS. An employee departing Blair before
11:00 a.m. will be compensated 75% of the published rate for the first day. Any
employee departing after 11:00 a.m. and before 4:00 p.m. will be compensated 50%
of the published rate for the first day. An employee returning before 12 Noon will
be compensated 25 %, and an employee returning after 8:00 p.m. will receive 100%
of the published rate. An employee will not be compensated meal per diem unless
there is an overnight stay, except as per IRS regulations and if prior approval is
given by the City Administrator. If authorization is granted, the City may reimburse
an employee upon presentation of a receipt for incidental meal(s) that are held to
discuss city business.
d) The City of Blair shall reimburse those employees eligible and using their own
vehicle for authorized City business at a rate authorized by State Statute and set from
time to time by the Department of Administrative Services.
e) The City of Blair shall compensate employees for work time for conferences and
travel in accordance with the Fair Labor Standards Act.
Conference and Travel Expenses
Unless otherwise authorized by the City Administrator, the City shall pay only for expenses of City
employees. Receipts for expenses shall be required in order to obtain reimbursement.
Blair — IBEW Contract 10/01/10, vl Page 58
25. SAFETY
Safety Training
Department Heads shall ensure all employees of the department are trained to work safely and
that safety rules and regulations are posted. Department Heads shall periodically conduct safety
inspections of the work site to detect hazardous areas or practices for correction as appropriate.
The Department Head there from shall maintain a record of said inspections and results.
Employees are expected to know and observe prudent safety precautions at all times, to wear
required safety equipment, observe all posted safety rules, and regulations and to keep the
workplace neat and clean. Department Heads shall ensure all employees are instructed as to fire,
disaster and evacuation plans in effect for the City.
Accident and Injury Reporting
Employees shall immediately report all job accidents and injuries to their supervisors or department
heads. Within 24 hours of an employee accident or injury, his/her department head shall file a report
with the City Administrator. A minor injury may be treated at the scene. Otherwise, the victim may
be transported to a medical location for treatment.
An employee operating a city vehicle whom is involved in an accident, no matter how minor, shall
first notify a law enforcement agency and then his/her supervisor or department head. The
supervisor or department head shall then notify the City Administrator.
Blair — IBEW Contract 10/01/10, vl Page 59
26. MISCELLANEOUS PROVISIONS
Personnel Records
The City Administrator shall maintain the official personnel records for all City employees. An
employee shall have the right to inspect his or her official personnel records under the supervision
of the City Administrator or designated representative. Departments may maintain such worldng
files as are necessary for day -to -day administration. Personnel records are considered confidential
information, only the City Administrator can authorize City of Blair employees access to others
personnel records. The following forms shall be used to facilitate personnel administration of the
City of Blair:
a. Application for Employ Applicants seeping employment with the City shall
complete this form. The City shall maintain applications for a period of two (2)
years.
b. Medical Examination Report This report shall only be completed by a Doctor of
Medicine. The City may require any employee to submit to a physical examination
before or during any period of City employment to determine physical fitness to
perform assigned job duties.
C. Request for Leave Form This form shall be completed by the employee prior to the
beginning date of the leave except request for sick leave, which shall be made in
advance if possible, otherwise, at the earliest possible date.
1) Employees shall submit their requests for leave to the Department Head or
his/her designee for approval. It is the responsibility of the Department Head
or his/her designee to notify the City Administrator of leave lasting for three
days or more.
Status Changes
An employee shall promptly inform his or her supervisor or department head of any change in
name, address, telephone number, marital status, number of dependents, or other aspects of personal
status impacting on personnel, insurance, or payroll records. A Personnel Status Form shall be
completed before any change of employment status of any employee is official.
Suggestions
Employee suggestions for improving the efficiency, economy and effectiveness of City government
shall be encouraged. Employees may submit written suggestions to their supervisors, department
heads, or to the City Administrator. Suggestions shall be acknowledged.
Blair — IBEW Contract 10/01/10, vl Page 60
27. SUBSTANCE ABUSE TESTING POLICY
Definitions
As used in this Policy, the following words and phrases shall have the meanings indicated unless
the context clearly indicates otherwise:
(a) Alcohol means ethyl alcohol (ethanol) in a beverage or medication.
(b) Breath alcohol technician (BAT) means a City supervisor or collection site
technician trained and certified in the use of a DOT approved evidential breath
testing device.
(c) Collection site personnel means technicians who instruct and assist individuals at
a collection site and received and make an initial examination of the urine
specimen provided by those individuals. Collection site personnel shall have
successfully completed training to carry out this function or shall be a licensed
medical professional or technician who has been provided DOT instructions for
collection. Technicians may also be BAT's.
(d) Commercial driver's license (CDL) means a private driver's license issued by the
State of Nebraska to afford a qualified and competent individual the privilege of
operating a commercial motor vehicle.
(e) Contractor means the organization having knowledge and experience in
SAMHSA laboratory drug testing procedures that is hired by the employee
relations department to select employees for random testing.
(f) DHHS means the U.S. Department of Health and Human Services.
(g) Director means the director of the department of employee relations or his
designee.
(h) DOT means the U.S. Department of Transportation.
(i) Employee means any person in the employ of the City whose activities are
directed by the City.
(j) Employee assistance program (EAP) means the program provided by the City to
assist employees in dealing with personal problems that, among other things, may
involve drug abuse and /or alcohol misuse and affect job performance.
(k) Evidential breath testing device (EBT) means an instrument reliable in measuring
alcohol concentration in breath that meets the National Highway Traffic Safety
Administration specifications, and is included in the conforming products list of
evidential breath testing devices.
Blair — IBEW Contract 10/01/10, vl Page 61
(1) Failed alcohol test result means the presence of alcohol in the breath at a level of
.04 or greater as confirmed by an evidential breath testing device administered by
a trained and certified breath alcohol technician (BAT).
(m) Medical review officer (MRO) means a licensed physician responsible for
receiving laboratory results generated by the City's drug testing program. The
MRO shall have knowledge of substance abuse disorders and have appropriate
medical training to interpret and evaluate an individual's positive test result
together with that individual's medical history and any other relevant biomedical
information.
(n) Negative test result means (i) the absence of drugs in the urine of an
employee /applicant based on levels defined by SAMHSA and confirmed by a
SAMHSA certified laboratory and /or a medical review officer; or (ii) the absence
of alcohol in breath based on levels defined in 49 C.F.R., Part 653 and 654, and
confirmed by a SAMHSA certified laboratory or evidential breath testing device
(EBT).
(o) Periodic unannounced test means a substance abuse test given to an employee as
part of a return -to -duty contract. This is not to be confused with random testing.
(p) Positive drug test result means the presence of drug(s) in the urine of an
applicant /employee based on levels defined by the SAMHSA as confirmed by a
SAMHSA certified laboratory and a medical review officer.
(q) Post - accident test means a substance abuse test given to an employee when an
accident has occurred and drugs and /or alcohol may be a contributing factor in the
accident and /or significant damage to life and /or property has occurred.
(r) Pre- employment test means a substance abuse test given to a successful applicant
for a public safety or safety- sensitive position.
(s) Promotion means a change in the status of an employee from a position of one
class to a position of another class having a higher salary range.
(t) Public safety position means a position in the police or fire department having a
substantially significant degree of responsibility for the safety of the public where
the unsafe performance of an employee could result in death or injury to self or
others, including but not limited to all sworn personnel, emergency
communications clerks, police clerks working within the dispatch section,
supervisory positions, firefighters /paramedic, dispatchers, mechanics, fire
apparatus engineers, fire investigators and fire inspectors.
(u) Random test means an unannounced substance abuse test given periodically to
employees who are required by government regulations to be subject to random
testing, and police and fire personnel classifications subject to random testing
Blair — IBEW Contract 10/01/10, vl Page 62
under this Policy.
(v) Reasonable suspicion test means a test based on objective
observation/information indicating that an employee may be violating this Policy.
(w) Return -to -duty contract means a contract between the City and an employee,
which allows an employee continued employment under stringent guidelines
prohibiting use of drugs and alcohol. Failure to meet contract terms, including
successfully passing substance abuse tests, shall result in termination.
(x) Safety- sensitive position means a position requiring a commercial driver's license
(CDL) and having a substantially significant degree of responsibility for the safe
operation of mass transportation and motor carrier service where the unsafe
performance of an incumbent could result in death or injury to self or others.
Safety- sensitive positions include, but are not limited to:
(1) Bus operator, route inspector, shift supervisor, operations supervisor,
mechanics, other shop personnel, and anyone supervising employees in the
aforementioned positions, in the public transportation department;
(2) Positions requiring a CDL; and
(3) Any other positions determined to be safety- sensitive under 49 C.F.R. Part
653 and 654.
(y) SAMHSA means the Substance Abuse and Mental Health Services
Administration, which is responsible for laboratory certification.
(z) Split sample collection means urine collected in a single specimen bottle or
container, and subdivided into two specimen bottles, one bottle to be used as the
primary specimen, the other bottle to be used as a split specimen. Both specimen
bottles are labeled and sealed and both specimen bottles are shipped to the testing
laboratory in a single shipping container.
(aa) Substance Abuse means use of prohibited drugs as defined by DOT or
inappropriate consumption of alcohol, prescription drugs, and /or over - the - counter
medication.
(bb) Substance abuse professional (SAP) means a licensed physician with a Medical
Doctor or a Doctor of Osteopathy degree with knowledge of and clinical
experience in the diagnosis and treatment of alcohol and /or drug related disorders,
or a licensed or certified psychologist, social worker or employee assistance
professional with knowledge of and clinical experience in the diagnosis and
treatment of alcohol and /or drug related disorders, or alcohol and /or drug abuse
counselors certified by the National Association of Alcoholism and Drug Abuse
Counselors (NAADAC) Certification Commission. This does not include state-
Blair — IBEW Contract 10/01/10, vl Page 63
certified counselors.
(cc) Successful applicant means a person who has been selected to fill a position,
subject to successful completion of a drug /alcohol - screening test.
(dd) Testing cutoff levels means the most current applicable SAMHSA Panel cutoff
levels for drugs, and the most current applicable cutoff levels established by the
DOT for alcohol, to determine the presence of drugs and /or alcohol.
Substance Abuse Testing Policy
(a) Testing. The City shall use drug and alcohol tests to determine whether
employees or applicants for employment are in compliance with this Substance
Abuse Policy. Every substance abuse test shall test for two components, alcohol
and drugs.
(b) Effect of testing results.
(1) Positive results for urinalysis drug test will result in disciplinary action or
termination in the case of city employees, and disqualification from
employment consideration in the case of applicants for employment.
(2) Failure to pass a breath alcohol test will result in disciplinary action or
termination in the case of city employees, and disqualification from
employment consideration in the case of applicants for employment as
follows:
(c) Employees testing at a .02 alcohol concentration or greater but less than a .04
alcohol concentration will be disciplined, but not terminated, based solely on the
test results alone. The employee immediately shall be removed from the work
site. The employee may not return to duty within eight (8) hours of the first test
unless the employee repeats the breath test and has an alcohol concentration that
measures less than .02. The employee shall be placed on paid leave that shall be
deducted from annual leave. An employee who does not have sufficient leave will
be charged leave without pay.
(1) If the results of the test show an alcohol concentration of .04 or greater,
the employee has failed the test and the employee shall be removed from
his /her position and placed on leave without pay. Within 48 hours of the
test, the employee shall be informed by their supervisor of educational and
substance abuse treatment programs, and be evaluated by a SAP. The
determination of the SAP shall be considered in further decisions
regarding continued employment of the employee.
(d) Reapplication after a positive and /or failed test.
Blair — IBEW Contract 10/01/10, V Page 64
(1) An applicant who is disqualified or an employee who is terminated based
on a positive drug and /or failed alcohol test result may not reapply for
employment for at least one year after the disqualification or termination
has taken place. The applicant or employee shall submit to the employee
relations director a certificate on which the attending SAP certifies that the
individual has successfully participated in an appropriate treatment
program. The treatment program shall typically be at least twelve (12)
months in duration, including in- patient treatment, outpatient treatment,
and after -care. The individual may not have tested positive for drugs or
failed an alcohol test at any point during the treatment program. The
program shall have included unannounced testing at the cutoff levels
defined in this Policy.
(2) At the discretion of the employee relations director, consideration for re-
employment or employment may be denied even if all criteria have been
met.
Prohibited Drugs
(a) Subject to Paragraph (b) of this Section, prohibited drugs for which testing shall
be conducted are:
(1) Marijuana, Cocaine, Opiates, Phencyclidine (PCP), and Amphetamines
specified in Schedule I or Schedule II of the Controlled Substances Act,
21 U.S.C. State Statute 801 et seq., and 21 C.F.R. State Statute State
Statute1308.11 and 1308.12; and
(2) Additional substances listed in Schedule I or II of the Controlled
Substances Act, 21 U.S.C. State Statute 801 et seq., and 21 C.F.R. State
Statute State Statute 1308.11 and 1308.12 which are determined necessary
for inclusion on the list of prohibited drugs by the employee relations
director and approved by the medical officer of the City and for which
notice of testing therefore has been given to all affected employees.
Additional substances determined necessary for inclusion will be included
only when protocols and threshold levels for laboratory testing are
established and approved by SAMHSA.
(b) Drugs identified in Schedule I or II of the Controlled Substances Act, 21 U.S.C.
State Statute 801 et seq., and 21 C.F.R. State Statute State Statute 1308.11 and
1308.12 may be considered legal when used pursuant to a valid prescription or
otherwise authorized by law.
(c) Notwithstanding Paragraph (b) of this Section, if usage causes unsafe or poor
performance such usage shall be a violation of this Substance Abuse Policy.
Blair — IBEW Contract 10/01/10, v Page 65
Testing Program Guidelines
(a) Testing times. Except as otherwise provided in this Paragraph, all testing shall be
conducted just before, during, or just after scheduled duty hours. Employees
tested just before or just after their scheduled shift will be entitled to
compensation for the time spent outside their scheduled shift accomplishing the
test. When required as a result of reasonable suspicion or an accident, testing
shall occur as close as possible to the triggering event.
(b) Testing accessibility. The City has made provision for 24 -hour a day, 365 -day a
year substance abuse testing. The employee relations department shall be
responsible for notifying departments of the name, location, and telephone
number for designed collection sites. Such information shall be posted in each
department.
(c) Testing personnel. City work site breath alcohol testing for both initial and
confirmatory tests shall be conducted by BATs trained in DOT procedures and in
operation of EBTs.
A list of City BATs shall be posted in each department. The employee relations
department shall furnish all City agencies and unions with a list containing the
name, telephone number, and hours of availability for each BAT. All other
substance abuse testing shall be conducted by collection site personnel and a
SAMHSA certified laboratory.
(d) Methods of testing. Testing shall be done through analysis of urine specimens and
breath samples provided by applicants /employees. Each substance abuse test shall
have two components, a test for the presence of alcohol and a test for the presence
of drugs. Urine specimens shall be analyzed with an immunoassay- screening test.
Positive test results from the immunoassay shall be confirmed by a Gas
Chromatography -Mass Spectrometry (GC -MS) test. The presence of alcohol shall
be determined by an EBT.
(e) Collection sites /testing laboratories. Collection of urine specimens or breath
samples from applicants for City employment and City employees shall be done
at designated collection sites, using the "split- sample" method for collection of
urine specimens. Urine collection shall be scheduled by the employee relations
department and performed by collection site personnel.
(f) City work sites. Breath testing at the work site shall be coordinated by designed
department supervisory personnel. The breath sample shall be collected at a site
that optimizes confidentiality.
(1) Substance abuse testing for pre- employment, random, and return -to-
duty /follow -up testing shall be administered at a designed City collection
site or testing laboratory by collection site personnel.
Blair — IBEW Contract 10 /01 /10, vl Page 66
(2) In instances where reasonable suspicion or post- accident testing are
required and the appropriate alcohol testing device and a BAT are readily
accessible, the alcohol test shall be administered at a City work site. The
drug test shall then be administered at a designated City collection site or
testing laboratory. If the appropriate testing device and /or BAT are not
readily accessible, both tests shall be administered at a designated City
collection site or testing laboratory.
(g) Compliance and chain -of- custody. The collection site shall adhere to the
collection provisions set forth in 49 C.F.R. Part 653 and 654. A strict chain of
custody shall be maintained on each specimen as described in 49 C.F.R. Part 653
and 654.
Alcohol Testing
(a) Breath alcohol testing shall be administered for pre- employment, random,
reasonable suspicion, post- accident, and return -to- duty /follow -up testing. Pre-
employment alcohol testing shall be conducted on the basis of the City's
independent authority.
(b) Alcohol -level breath testing shall be performed by a BAT. An employee's direct
supervisor may not perform as a BAT except in circumstances where there is no
other BAT readily available.
(c) Safety- sensitive employees shall be tested on an evidential breath - testing device,
according to 49 C.F.R. Part 653 and 654. Employees with a CDL shall be allowed
to take the alcohol breath test only in accordance with rules specified in (c) (2).
(1) Screen test. The initial test shall be done using an EBT in accordance with
49 C.F.R. 41 Part 653 and 654. If the initial test results are less than a .02
alcohol concentration, then the test results are negative and shall be
reported by the BAT as such. If the initial test results are .02 or greater, a
confirmatory test shall be conducted.
(2) Confirmatory test. The confirmatory test may be conducted on the same
EBT as the initial test in accordance with 49 C.F.R. Part 653 and 654.
Before the confirmatory test may be given, a minimum of 15minutes must
pass for either the same EBT machine to clear or before the use of another
EBT machine. The confirmation test shall be given within 20 minutes of
the time the initial test was performed. Only the results of the
confirmatory test shall be reported, irrespective of the results of the initial
test.
Blair — IBEW Contract 10/01/10, V Page 67
Split Sample Testing of Urine Specimens
(a) In instances when a urinalysis test result is positive, an employee or applicant may
wish to have the specimen analyzed again. In order to provide for this eventuality,
the procedure for collecting urine specimens shall be a split sample collection for
all employees and applicants.
(b) An applicant /employee may obtain a split sample test on a urine specimen if the
analysis of the initial specimen confirms a positive drug test result for the
presence of prohibited drugs. The applicant /employee has 72 hours from
notification of the positive test results to request, through the MRO, that the split
sample specimen be sent to another SAMHSA certified laboratory for analysis.
(1) Any split sample test shall be performed by a SAMHSA certified
laboratory of the applicant's /employee's choice. The full cost of any split
sample test shall be paid by the individual or union requesting the test. The
same methods and standards for chain -of- custody and notification shall be
applicable to a split sample test. The SAMHSA cutoff levels shall be used
for split sample tests of urine specimens.
(2) If the split sample result is negative, the positive result of the initial test is
canceled and no further adverse action shall be taken against the employee
based on the initial positive result.
Confidentiality
(a) Individuals shall have authorized access to substance abuse test results and related
information only on a strict need -to -know basis, as determined by the director of
employee relations.
(b) The detailed laboratory analysis of a urine specimen may be released by the
MRO, upon written request from the applicant /employee. The employee relations
department shall adhere to applicable federal regulations with regard to
confidential documents and information.
Pre - employment Applicant Testing and Procedure
(a) Pre - employment drug and alcohol testing shall be the final step in the selection
process for all city positions. The City Administrator may waive testing of part-
time employees. Pre - employment testing may result from the employment actions
of new hire, rehire, promotion, demotion, transfer, reinstatement, and
reemployment.
(1) Employees in safety- sensitive or public safety positions shall be required
to take a substance abuse test for transfer, promotion, or demotion unless
Blair — IBEW Contract 10/01/10, vl Page 68
this requirement is waived by the director because an employee has passed
a substance abuse test within the last thirty (30) days.
(2) Failure to take and successfully pass the substance abuse test shall
disqualify the applicant.
(b) Procedures. The following procedures shall be utilized in pre- employment testing:
(1) The employment office shall notify applicants /employees in writing of the
requirements for testing and the consequences of positive drug and /or
failed alcohol test results.
(2) The employment office shall provide to the collection site personnel the
names of those applicants /employees who are to be tested.
(3) The employment office shall contact the applicant /employee and schedule
appointments for collection of urine specimens /breath samples from the
designated individuals.
(4) The employment office shall notify each applicant /employee to be tested
of the date, time, and place of the appointment. The applicant /employee
shall be required to appear for the test at the designated time.
(5) Collection site personnel shall follow the guidelines for collection of urine
specimens /breath samples.
(6) The laboratory shall analyze urine specimens /breath samples in
accordance with guidelines for urine specimen/breath sample analysis.
(7) The MRO shall review positive drug test results in accordance with
guidelines.
(8) Positive drug test results submitted by MRO shall disqualify the
employee /applicant from the position for which the employee /applicant is
being considered. The employee relations department shall inform the
applicant of such disqualification and shall terminate an applicant
employee.
(9) A failed alcohol test shall disqualify the employee /applicant from the
position for which the employee /applicant is being considered. The
employee relations department shall inform the applicant of such
disqualification and shall terminate an applicant employee.
(10) An employee /applicant whose alcohol testing results are .02 or greater but
less than 0.4 shall be disqualified from the position for which the
employee /applicant is being considered. The employee relations
Blair — IBEW Contract 10 /01 /10, vl Page 69
department shall inform the applicant of such disqualification and shall
take appropriate disciplinary action against the applicant employee.
Reasonable Suspicion Testing
(a) Reasonable suspicion testing shall be conducted when there are reasonable and
specific grounds to believe that the poor performance or unsafe acts of an
employee are due to a violation of this Policy.
(1) Reasonable suspicion testing may be based upon, among other things:
(i) Observable phenomena, including but not limited to direct
observation of drug use or possible alcohol consumption or
possession, and /or the physical symptoms of drug abuse and /or
alcohol misuse; and
(ii) A pattern of abnormal conduct or erratic behavior.
(2) Although reasonable suspicion testing does not require certainty, mere
"hunches" are not sufficient. The city administrator or his designee shall
review the circumstances under which reasonable suspicion testing is
requested and authorize the test if circumstances warrant. Supervisors
shall document in writing their reasonable suspicion determinations.
(b) Reasonable suspicion procedure. When a supervisor has determined that there are
reasonable and specific grounds for suspicion of substance abuse, such
information shall be turned over to the city administrator or his designee for
review. A determination concerning the appropriateness of testing shall be made
within one (1) hour. If a test is authorized, testing shall occur as soon as possible
but no later than thirty -two (32) hours for drugs and no later than eight (8) hours
for alcohol. If a test is administered, the supervisors' written reasonable suspicion
determinations shall be forwarded to the employee relations department no later
than twenty -four (24) hours following the approval test. The document shall
contain as much detail as possible outlining observations upon which reasonable
suspicion was based.
(1) For situations in which health and safety are not an immediate issue:
(i) Immediately after becoming aware of factors leading to a
reasonable suspicion determination, the supervisor of the employee
who is suspected of drug abuse and /or alcohol misuse shall report
to the employee relations department in writing those reasonable
and specific grounds which have resulted in reasonable suspicion;
(ii) If the reasonable and specific grounds do not meet the criteria for
reasonable suspicion, the employee relations department shall so
Blair — IBEW Contract 10/01/10, vl Page 70
advise the supervisor and the supervisor may talk to and /or
discipline the employee as appropriate on the behavioral and
performance aspects of the employee's conduct which have caused
concern. The discussion and /or disciplinary action shall focus on
conduct and performance; and
(iii) If the reasonable and specific grounds meet the criteria for
reasonable suspicion, the supervisor and the employee shall meet
as soon as possible after the occurrence. The discussion at the
meeting shall focus on the behavioral and performance aspects of
the employee's conduct that have resulted in reasonable suspicion.
The employee shall be notified of the requirement to test at that
meeting. The supervisor then shall escort the employee to the
collection site.
(2) For situations in which an employee's behavior poses a potential present
danger to the health and /or safety of the employee, other
employee(s), or the public and it is reasonably- suspected that such
behavior has resulted from drug abuse and /or alcohol misuse, the
supervisor shall act immediately to eliminate or reduce the present danger
to health and safety by:
(i) Requiring the employee to cease performing the danger causing
activity immediately until the potential danger causing behavior
itself has been eliminated;
(ii) Arranging for the employee to leave the scene, under escort if
necessary, and return to an appropriate City work site or collection
site or otherwise remain in a place where no person's health and
safety is endangered. Under no circumstances shall an employee be
allowed to drive a vehicle or operate City equipment if the
employee is suspected of violating this Substance Abuse Policy.
The employee's supervisor shall make arrangements for the
employee's transportation home following testing. If the employee
appears to be in violation of this Substance Abuse Policy and
insists on driving, the supervisor shall notify the Police Department
or State Troopers immediately. The employee relations department
shall be contacted and advised of the situation; and
(iii) Following elimination of the present danger to health and /or
safety:
(A) The supervisor of the employee who is suspected of drug
abuse and /or alcohol misuse shall immediately report to the
employee relations department those reasonable and
Blair — IBEW Contract 10/01/10, vl Page 71
specific grounds which have resulted in reasonable
suspicion.
(B) If the reasonable and specific grounds do not meet the
criteria for reasonable suspicion, refer to Paragraph (b) (1)
(ii) of this Section.
(C) If the reasonable and specific grounds meet the criteria for
reasonable suspicion, refer to Paragraph (b) (1) (iii) of this
Section.
(3) Collection site personnel shall follow the guidelines for collection.
(4) The laboratory shall analyze urine specimens /breathsamples in accordance
with guidelines for analysis.
(5) The MRO shall review positive drug test results in accordance with
guidelines.
(6) The employee shall be removed from duty in accordance with this Policy
until further notification.
Post - accident Testing
(a) Post - accident testing shall be conducted for any employee involved in a work -
related accident that results in a citation for a moving violation, death, personal
injury or medical help required away from the scene of the accident, damage to
City or private property, or a vehicle being towed from the scene of the accident
or removed from service. For all other accidents where a supervisor has
reasonable and specific grounds to believe a substance abuse test is appropriate,
"reasonable suspicion" procedures shall be reviewed and followed.
(b) Post - accident testing procedure. When post- accident testing is required by this
Section, any employee who is directly involved in the incident sha'l'l be subject to
the specific criteria set forth below for being tested for drugs and /or alcohol. The
first priority shall be treatment of any injuries and cooperation with law
enforcement personnel.
(1) When required by this Section, City supervisors shall initiate testing
procedures as appropriate, regardless of the decision to test by law
enforcement personnel. If law enforcement personnel do not allow the
employee to undergo separate City testing, the supervisor shall notify the
employee relations department as soon as possible.
(2) Post - accident alcohol testing shall be done as soon as possible but no later
than eight (8) hours after the accident and post- accident drug testing shall
Blair — IBEW Contract 10/01/10, vl Page 72
be done no later than thirty -two (32) hours after the accident.
(3) If an accident resulting in damage to City or private property was caused
by a public safety employee, operating within standard operating policy
guidelines, the requirement for post- accident testing may be waived by a
command officer for police department employees, or the health and
safety officer for fire department employees.
(4) The following procedure shall be followed for post- accident testing:
(i) The supervisor shall immediately inform the employee that a
substance abuse test is required as soon as is reasonable possible.
City personnel, at all times, shall cooperate with law enforcement
authorities.
(ii) The supervisor shall immediately report the incident to the
employee relations department. The employee shall be tested as
soon after the accident as possible. In instances of hospitalization
of the employee, the employee relations department shall notify the
collection site to arrange for testing. The employee shall be
notified of the testing. If the employee is unconscious and unable
to consent to a substance abuse test, the employee shall be required
to sign a release as soon as the attending physician determines the
employee is able to do so. At that time, the employee shall sign the
necessary forms and provide a urine specimen/breath sample.
(iii) The employee relations department shall arrange for the test with
collection site personnel, or authorize the supervisor to do so.
(iv) Collection site personnel shall follow the guidelines for urine
specimens /breath samples.
(v) In the event of hospitalization of the employee, collection site
personnel shall notify the employee relations department that the
testing was conducted.
(vi) The employee shall be removed from duty in accordance with this
Policy.
(5) Nothing is this Section shall preclude reasonable suspicion testing where
facts and circumstance may not require post- accident testing.
Blair — IBEW Contract 10/01/10, vl Page 73
Return -to -duty and Follow -up Testing
(a) Return -to -duty and follow -up testing shall be required 1) when an employee self
reports a substance abuse problem prior to taking a drug test which results in a
confirmed positive or prior to taking an alcohol test with a result greater than .02
and enters a treatment program; or 2) when an employee has violated this
Substance Abuse Policy and as a condition of continued employment agrees to a
return -to -duty contract.
(1) Testing under this Section shall be conducted:
(i) After an alcohol test result of greater than .02;
(ii) As part of a return -to -duty contract; or
(iii) After an employee has notified his /her supervisor of the
employee's participation in a substance abuse treatment program.
(2) An employee may be tested at any time during:
(i) The period of the employee's participation in the substance abuse
treatment program;
(ii) The 60 -month period immediately following the employee's return
to duty after successful completion of a substance abuse treatment
program; or
(iii) The time frame outlined in the return -to -duty contract.
(b) Return-to -duty and follow -up testing procedure. Whenever an employee who has
violated this Substance Abuse Policy is allowed to return to duty, substance abuse
testing shall be conducted on a periodic unannounced basis for up to 60 months
following his /her return to duty. The affirmative action/compliance manager shall
oversee the inclusion of this testing requirement in return-to -duty contracts this is
part of grievance resolutions, arbitration decisions, job jeopardy contracts, or
voluntary rehabilitation decisions.
(1) The return -to -duty contract shall clearly outline the supervisor's desired
performance goals and employee obligations including remaining
completely drug and /or alcohol free. The contract shall also clearly state
the disciplinary action that shall be taken if the employee fails to adhere to
the provisions of the contract. A violation of the contract may result in
discipline up to and including termination.
(2) Once a return-to -duty contract has been agreed to by the employee,
supervisor, and union (where applicable), as well as reviewed and
Blair — IBEW Contract 10 /01 /10, vl Page 74
approved by the employee relations department and other appropriate
authorities, the following steps shall be taken:
(i) The SAP shall establish an individualized testing schedule.
(ii) The SAP shall keep the schedule confidential and secured. The
City may require testing at anytime while the return -to -duty
contract is in effect.
(iii) The SAP shall notify employee's supervisor one day prior to the
substance abuse test. The supervisor shall keep this information
confidential.
(iv) The supervisor may inform the employee of the test no earlier than
one hour prior to the collection appointment.
(v) Once notified, the employee shall immediately go to the collection
site accompanied by the supervisor.
(vi) Urine specimen/breath sample collection, analysis, review, and
employee relations department response shall be done in
accordance with procedures specified in this Policy.
Random Testing
(a) Random testing shall only be applicable to employees required by government
regulations and /or this Policy to be subject to random testing, including but not
limited to police department and fire department employees in classifications
subject to random testing under this Policy. Once each month, the contractor shall
randomly select the appropriate percentage of employees, as determined by the
employee relations department, employed in safety- sensitive and public safety
positions to be tested. The selection shall be performed through use of a
statistically valid computer random selection method.
(b) Random testing procedure. Random testing shall be conducted just before, during,
or just after scheduled duty hours.
(1) The employee relations department shall provide the contractor with the
identification of employees to be included in a statistically valid computer
random selection program that allows for each employee in a safety -
sensitive or public safety position to have an equal chance of being tested.
(2) The testing dates and times shall be with unpredictable frequency
throughout the year. Some safety- sensitive or public safety employees
may be tested more than once a year; some may not be tested at all
depending upon the random selection. All safety- sensitive and public
Blair — IBEW Contract 10/01/10, vl Page 75
safety employees remain in the random selection pool at all times,
regardless of whether or not they have been previously selected for testing.
(3) Supervisors of the employees to be tested shall be notified by the
affirmative action compliance manager of the dates of the test
appointments. That information shall be held in confidence. Employees
are to receive NO prior notification. The supervisor shall notify each
employee to be tested and a supervisor shall escort them to the collection
site. The employee is required to report for the test immediately. Specimen
collection, analysis, review, and employee relations department response
shall be accomplished in accordance with this Policy. Employees hired
during the year shall be added to the selection pool during the month
following their hire.
Refusing to Take a Test
(a) Refusing to take or submit to a substance abuse test for any reason shall be
construed as a positive drug test result and all provisions relating to a positive
drug test result shall be applicable.
(b) Refusing to submit to a substance abuse test includes, but is not limited to:
(1) Inability to provide sufficient quantities of breath or urine to be tested
without a valid medical explanation;
(2) Tampering with or attempting to adulterate the specimen or collection
procedure;
(3) Not reporting to the collection site in the time allotted; or
(4) Leaving the scene of an accident without a valid reason before the tests
have been conducted.
Blair — IBEW Contract 10/01/10, vl Page 76
28. CDL RENEWAL REIMBURSEMENT
The City of Blair will reimburse City of Blair CDL required employees CDL license renewal
costs.
Blair — IBEW Contract 10 /01 /10, vl Page 77
29. Duration
The duration of this Agreement shall be from October 1, 2010 until September 30, 2013.
Blair — IBEW Contract 10/01/10, v Page 78
INDEX (by Sub_j eeD
Blair — IBEW Contract 10 /01 /10, vl Page 79
40
Absencewithout Leave ............................................................................
...............................
59
Accident and Injury Reporting ................................................................
...............................
35
AdministrativeLeave ...............................................................................
...............................
67
AlcoholTesting ........................................................................................
...............................
AffirmativeAction .....................................................................................
.............................
26
Appointing Authority
AppointmentTypes ................................................................................
...............................
Arbitration and Grievance Procedure ........................................................
............................... 9
AssignedVehicles ....................................................................................
............................... 44
43
Basic Employee Responsibilities and Conduct .......................................
...............................
51
BenefitsContinuation (COBRA) ............................................................
...............................
42
Blair Volunteer Fire and Rescue Department .........................................
...............................
56
CallOut Reimbursement .........................................................................
...............................
77
CDL Renewal Reimbursement ................................................................
...............................
56
Certification.............................................................................................
...............................
44
City Property
Clothing and Uniform Allowance ...........................................................
...............................
Committees Joint ......................................................................................
.............................
20
CompetitiveSelection ..............................................................................
...............................
8
Compliancewith the Law ..........................................................................
...............................
9
Conductof Union Affairs ..........................................................................
...............................
57
Conferences and Travel Approval ...........................................................
...............................
57
Conferences and Travel Arrangements ...................................................
...............................
5 8
Conferences and Travel Expenses ...........................................................
...............................
47
C
...............................
44
Conflictsof Interest ..................................................................................
...............................
7
Definitions..................................................................................................
...............................
Demotion....................................................................................................
.............................
21
Demotionin Lieu of Layoff .....................................................................
...............................
DisabilityAccommodation ........................................................................
.............................
DiscriminationComplaints ........................................................................
.............................
Dismissal....................................................................................................
.............................
23
Disqualification........................................................................................
...............................
Documentation and Notification .............................................................
............................... 24
78
Duration..............................................................
...............................
55
EducationBenefits
...............................
...................................................................................
42
Emergency Closing
54
EmployeeBenefits ...................................................................................
...............................
29
EmployeeDevelopment Policy ...............................................................
...............................
Employee Processing and Orientation .....................................................
............................... 27
26
Employmentof Relatives ........................................................................
...............................
18
EqualEmployment Officer ......................................................................
...............................
Equal Employment Opportunity Policy ....................................................
.............................
23
Evaluationof Qualifications ....................................................................
...............................
Blair — IBEW Contract 10 /01 /10, vl Page 79
Exhibit "A ": Position Titles and Hourly Rates of Pay Schedule ............ ............................... 82
Exhibit `B ": Insurance and Pension Plans ..............................................
............................... 83
28
Failure of Introductory Period .................................................................
...............................
29
Failure of Probationary Period .................................................................
...............................
Filingof Applications
............................... 22
..............................................................................
Fire and Rescue Department, Blair Volunteer ........................................
............................... 42
34
FuneralLeave ..........................................................................................
...............................
Grievance and Arbitration Procedure ........................................................ ............................... 9
GrievanceRequest Form ...........................................................................
.............................
45
HarassmentProhibited .............................................................................
...............................
40
Holidays ...................................................................................................
...............................
Rates Pay Schedule and Position Titles (Exhibit " A")
........... ............................... 82
Hourly of
ImmigrationLaw Compliance ...................................................................
.............................
Initial Processing of Application .............................................................
............................... 22
Insurance and Pension Plans (Exhibit ` B") .............................................
............................... 83
24
Interviews .................................................................................................
...............................
JointCommittees
.............................
.......................................................................................
Jury Duty (Administrative Leave) ...........................................................
............................... 3 5
21
LateralTransfer
...............................
........................................................................................
5 0
Layoff .......................................................................................................
...............................
37
LeaveWithout Pay ...............................
..................................................................................
ManagementRights
.............................
...................................................................................
41
Maternity/Paternity Leave ......................................................................
...............................
Medical Leave of Absence (FMLA — Family Medical Leave Act) ........ ............................... 37
Military Leave (Administrative Leave) ...................................................
............................... 36
NoStrike and/or Lock Out ........................................................................
.............................
20
NoncompetitiveSelection ........................................................................
...............................
OutsideEmployment
............................... 44
...............................................................................
31
Overtime ..................................................................................................
...............................
53
OvertimePay ...........................................................................................
...............................
53
Pay Da
53
PayDeduction ..........................................................................................
...............................
<
83
Pension Plans and Insurance (Exhibit B") .............................................
...............................
29
Performance Evaluation Requirement .....................................................
...............................
60
PersonnelRecords ....................................................................................
...............................
45
PoliticalActivity ......................................................................................
...............................
72
Post - Accident Testing ..............................................................................
...............................
Position Titles and Hourly Rates of Pay Schedule (Exhibit " A")
........... ............................... 82
68
Pre - employment Applicant Testing & Procedure ................................... ...............................
Processingand Orientation .....................................................................
............................... 27
65
ProhibitedDrugs
...............................
......................................................................................
20
PromotionPolicy .....................................................................................
...............................
22
Purpose and Design of Application Forms ..............................................
...............................
Purposeof Evaluations
............................... 29
............................................................................
28
Purpose of Introductory Period ................................................................
...............................
28
Purpose of Probationary Period ...............................................................
...............................
Blair — IBEW Contract 10 /01 /10, vl Page 80
Blair — IBEW Contract 10/01/10, vl Page 81
75
...............................
RandomTesting ......................................................................................
Suspicion Testing
70
Reasonable
8
Union
...............................
Recognitionof ................................................................................
76
Refusingto Take a Drug Test ..................................................................
...............................
52
Reinstatement of Benefits (Bridging)
52
Reinstatement Following Layoff .............................................................
...............................
52
Reinstatement Following Resignation .....................................................
...............................
52
Reinstatement Following Separation For Incapacity .............................. ...............................
28
Requirement of Introductory Period ........................................................
...............................
28
Requirement of Probationary Period .......................................................
...............................
26
...............................
R
50
...............................
R
............................... 5 0
Retirement................................................................................................
74
Return to Duty and Follow-up Testing
59
...............................
SafetyTraining. .................................................................
24
...............................
SelectingOfficials ....................................................................................
48
...............................
Seniority .......................... .........................................................................
51
Incapacity
Separation for
............................... 32
SickLeave ................................................................................................
45
...............................
S
21
SpecialEmployment Programs ...............................................................
...............................
68
Split Sample Testing of Urine Specimens ...............................................
...............................
60
...............................
StatusChanges .........................................................................................
68
Substance Abuse Confidentiality .............................................................
...............................
61
SubstanceAbuse Definitions ...................................................................
...............................
64
SubstanceAbuse Testing Policy ..............................................................
...............................
66
Substance Abuse Testing Program Guidelines .......................................
...............................
60
...............................
Suggestions..............................................................................................
43
SupervisoryResponsibilities ...................................................................
...............................
.............................
S
21
...............................
TemporaryPositions ................................................................................
Typesof Disciplinary Action .....................................................................
.............................
9
Conduct
...............................
UnionAffairs, of .........................................................................
Check- Off
.............................
UnionDues ..............................................................................
47
Useof Equipment and Vehicle ................................................................
...............................
............................... 22
VacancyAnnouncements ........................................................................
20
...............................
VacancyIdentification .............................................................................
31
...............................
VacationLeave ........................................................................................
21
...............................
VoluntaryDemotion ................................................................................
54
Advance
...............................
Wagesin ...................................................................................
3 5
Witness Duty (Administrative Leave) .....................................................
...............................
31
Work Schedules and Attendance .............................................................
...............................
.............................
WrittenReprimand ....................................................................................
Blair — IBEW Contract 10/01/10, vl Page 81
EXHIBIT "A"
POSITION TITLES AND HOURLY RATES OF PAY SCHEDULE
Effective 10/01/09
Pay Ste
A
After 6
Months
B
After
1 Year
C
After
2 Year
D
After
3 Year
E
After
4 Year
F
After
5 Year
G
After
6 Ye
H
�y Grade
1
2
3
4
5
6
13.09
13.75
14.40
15.06
15.71
17.02
13.37
14.02
14.68
15.33
15.99
17.30
13.64
14.30
14.95
15.61
16.26
17.57
14.30
14.96
15.61
16.27
16.92
18.23
14.96
15.62
16.27
16.93
17.58
18.89
15.62
16.28
16.93
17.59
_r__
19.55
16 .34
16.99
17.65
18.30
-
20.27
17. 05
17.71
18.36
19.02
20.98
Park &Cem Labor Asst
Utility Worker I
- Equip Or II /Asst Park & Cem
Utility Worker II
F oreman
WA Plnt Plnt O r
Utility Worker: $0.25 per hour / each license grade above 4 (WA only)
$0.25 per hour / each license grade above 1 (WW only)
• Utility Worker I minimum Grade 4 Water License must be earned by 1 st anniversary.
• Utility Worker I minimum Grade 1 Sewer License must be earned by 1 st anniversary.
• Utility Worker II minimum Grade 3 Water License.
• Utility Worker II minimum Grade 1 Sewer License.
• Water Plant Operator minimum Grade 4 Water License.
• Wastewater Plant Operator minimum Grade 1 Sewer License must be earned by 1 st
anniversary.
Effective 10/01/10 - A 1.5% general increase to this Hourly Rate Schedule
Effective 10/01/11 - A 2.0% general increase to the Hourly Rate Schedule
Effective 10/01/12 - A 2.5% general increase to the Hourly Rate Schedule
Blair - IBEW Contract 10/01/10, vl Page 82
EXHIBIT "B"
Health Insurance
City of Blair will provide union employees with group health insurance coverage which is
substantially comparable to the 2010 City of Blair Health Insurance Plan provided to the non-
union employees of the City of Blair, barring any unknown changes in the health insurance
industry. In the event a union employee has health insurance coverage through a spouse's
insurance plan, the City will compensate the union employee the same amount per month as non-
union employees of the City of Blair receive in lieu of insurance coverage according to the City
Employee Manual.
Health Insurance shall be calendar year coverage (January I through December 31).
Employee Share of Monthly Premium Cost:
• Single: 0.0%
• Family: 14.0%
Vision Insurance
City of Blair will provide union employees with group vision insurance coverage substantially
comparable to the 2010 City of Blair coverage provided to the non -union employees of the City
of Blair, barring any unknown changes in the health insurance industry.
Vision Insurance shall be calendar year coverage (January 1 through December 31).
Employee Share of Monthly Premium Cost:
• Single: 0.0%
• Family: 0.0%
Vision insurance is optional to employees.
Dental Insurance
City of Blair will provide union employees with group dental insurance coverage substantially
comparable to the 2010 City of Blair coverage provided to the non -union employees of the City
of Blair, barring any unknown changes in the health insurance industry.
Dental Insurance shall be calendar year coverage (January 1 through December 31)
Employee Share of Monthly Premium Cost:
• Single: 0.0%
• Family: 0.0%
Dental insurance is optional to employees.
Blair — IBEW Contract 10/01/10, vl Page 83
Life Insurance
City of Blair will provide union employees with group life insurance coverage substantially
comparable to the 2010 City of Blair coverage provided to the non -union employees of the City
of Blair, barring any unknown changes in the health insurance industry.
Employee Share of Monthly Premium Cost:
• Single: $0
• Family: $0
Long Term Disability
City of Blair will provide union employees with group long term disability insurance coverage
substantially comparable to the 2010 City of Blair coverage provided to the non -union
employees of the City of Blair, barring any unknown changes in the health insurance industry.
Employee Share of Monthly Premium Cost:
• Single: $0
• Family: $0
Pension Plans
City of Blair will provide union employees with defined contribution pension plans identical to
that of the City's non -union employees.
The separate plan documents shall govern all eligibility requirements, allowable contribution
amounts, withdrawal provisions and vesting schedules.
City Matching Contributions:
The City will make matching contributions to the 414H Plan and /or the 457 Plan, up to the
following maximum amount combined between the two plans.
• Maximum Combined Match: 6.0%
The above mentioned pension plan will not be modified without the mutual consent of the parties
unless required by State or Federal law.
414H Plan
This plan is a pretax, self - directed investment plan. All employees that are a member of the
collective bargaining unit are eligible to participate in the plan effective after meeting the
eligibility requirements of the plan. Eligible employees may, or will, depending upon their hire
date, join the Plan on the first day of the month following the completion of the eligibility
requirements, which are: 1) attain age 21, and 2) complete six months of continuous service.
Blair — IBEW Contract 10 /01 /10, V Page 84
For those employed prior to July 1, 2008, the employee may make a Voluntary pre -tax
contribution of an amount elected by the employee equal to 3 %, 4 %, 5% or 6% of their
compensation for the Plan Year. The Voluntary contribution amount is locked in for the duration
of employment.
For those employed on or after July 1, 2008, the employee must contribute 3% (Required Pre -tax
Contribution) of their compensation for the Plan Year.
The City will make a matching contribution equal to 100% of their Voluntary or Required
Contribution, up to the maximum referenced above.
Vesting refers to "ownership" of a benefit from the Plan. Employees are always 100% vested in
their Required Contributions, Voluntary Contributions (allowed prior to July 1, 2008) and their
rollover contributions, plus any earnings they generate. The Employer contributions made to the
Plan, plus any earnings they generate, are vested as follows:
Years of Vesting Service Vesting Percentage
Less than 2 0%
2 20%
3 40%
4 60%
5 80%
6 100%
All accounts are fully vested at the Normal Retirement Age, Death and Disability.
Money may be withdrawn from the Plan account in these events:
Retirement at the Plan's Normal Retirement Age of 65
Death
Disability
In- service withdrawal of any rollover contributions and voluntary contributions (made
before July 1, 2008)
Termination of Employment
The above mentioned pension plan will not be modified without the mutual consent of the parties
unless required by State or Federal law.
457 Plan
This plan is a pretax, self - directed investment plan. Participation is open to eligible employees as
of their date of hire.
Through payroll deduction, eligible employees can make pre -tax contributions up to the
maximum allowed by law.
Blair — IBEW Contract 10 /01 /10, v Page 85
Employees may stop their contributions at anytime. Once they discontinue contributions, they
may only start again or increase or decrease the amount of their contribution on a semi - annual
basis (January 1 or July 1).
The Plan also provides for the City to make a matching contribution up to the maximum
referenced above between the 414H and 457 plans. The matching amounts in the 457 plan may
be different for employees hired before July 1, 2008 versus those hired on or after July 1, 2008.
An employee must be employed on the last day of the pay period to share in the matching
contribution.
Employees are 100% vested upon entering the 457 Plan.
Money may be withdrawn from the Plan account in these events:
Retirement at the Plan's Normal Retirement Age of 65 (first day of the month following)
Employee attaining age 70 1 /2, if you are still employed
Unforeseeable emergency
Termination of Employment
Death
Disability
The above mentioned pension plan will not be modified without the mutual consent of the parties
unless required by State or Federal law.
Blair — IBEW Contract 10 /01 /10, v Page 86
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
the proper authorized persons this day of 'Sat) U 2916.
LOCAL UNION NO. 763 OF THE
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS
Charles E. Perkins Jr.
President
D lJ. Madison
Recording Secretary
STATE OF NEBRASKA )
) :ss
COUNTY OF )
The foregoing instrument was acknowledged before me on the 17 day of
fo w J r , 201A by Charlie E. Perkins, President, and Douglas J. Madison,
Recording Secretary, Authorized Representatives of the Local Union No. 763 of the International
Brotherhood of Electrical Workers.
+ , WHEELER
a
Com Exp. km cj 7-0 2x121
Notary Public
87
Blair -IBEW Contract 10 /01 /10, vl
CITY OF BLAIR, NEBRASKA
BY
JA"E. REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA
) :ss
WASHINGTON COUNTY
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk
of the City of Blair, Nebraska. The foregoing instrument was acknowledged before me on the
day of J'eAt)oQr ., 2010, by James E. Realph, Mayor of Blair, Nebraska.
BRENDA R. WHEELER, CITY CLERK
88
Blair-IBEW Contract 10/01/10, V1