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(a) The parties will establish a labor-management Health and Safety Committee. The Association will be represented on this committee by the Association president or vice-president and one (1) other designated representative. The City will be represented by a designee of the Director of Human Resources and by Commissioners or other Administrators designated by the appointing authority based on specialty areas (e.g., construction, transportation, pollutants, etc.). This committee may also include representatives from other bargaining units within the City. The committee will be required to consider all issues brought before it regardless of the bargaining unit impacted.
(1) This joint committee shall review all general and/or special divisional safety rules for compliance with required safety standards and, wherever possible, such rules shall be adopted city-wide.
(2) This joint committee will also perform the following functions:
(a) This joint committee may recommend periodic inspections of the various locations when necessary by staff of the Human Resource Development Section of the Human Resources Department.
(b) The committee shall make recommendations for the correction of unsafe or harmful work conditions and the elimination of unsafe or harmful practices as reported to the committee by representatives of the Human Resources Development Section of the Human Resources Department and divisional safety committees.
(c) The committee may recommend investigation of any potential worker exposure to dangerous substance, fumes, noise, dust, etc.
(d) The committee shall be provided written identification of any potentially toxic substance, fumes, noise, dust, etc.
(e) The committee may develop a safety award program which may include cash awards and/or other premiums that, upon mutual agreement between the appointing authority and the Association, may be adopted/implemented during the terms of this collective bargaining agreement.
(f) The committee shall develop other cost containment measures, which shall include:
1. Enhanced managed care and utilization review;
2. Increased claims control and claims audits;
(g) The committee shall develop annual goals, objectives and timetables directly aimed at reducing Workers Compensation costs. Goals and objectives not met within established time frames shall be critically reviewed by the committee. If the City, in its sole discretion, is dissatisfied with progress in meeting goals and objectives or with the committee's action or inaction, the City may take such actions as it deems necessary to exact cost containment.
(h) The committee shall review and analyze all reports of work-related injury or illness, as submitted by the representative of the Human Resources Development Section and recommend procedures for the prevention of accidents and disease and for the promotion of health and safety of employees.
(i) The committee shall promote health and safety education and/or participate in such programs.
(j) The committee may ask the advice, opinion and suggestions from experts and authorities on safety matters and recommend to the representative of the Human Resource Development Section that expert and authorities from the Industrial Commission of the State of Ohio Division of Safety and Hygiene and the Toledo Lucas County Safety Council as well as international representatives of the Association be utilized on an as-needed basis as determined by the committee.
(3) Subcommittees may be formed as deemed necessary by the co-chairpersons to study issues, develop reasonable solutions and report back to the committee.
(4) Annual savings directly attributable to the cost containment measures provided herein shall be placed in a workers' compensation fund to be used as a reserve for payment of future cost increases. Savings shall be considered directly attributable to cost containment measures when a direct correlation can be established between a measure adopted herein and per employee reduction in the city's cost in providing both injury pay and workers' compensation benefits from the preceding year.
(5) Association representatives will receive their regular pay while on committee business.
(6) The committee shall meet regularly, on at least a monthly basis and attendance shall be required. Actions taken in the absence of a bargaining unit representative shall be binding upon that bargaining unit. The City will provide minutes of each meeting.
All regular Command Officers of the Police Department shall be entitled to annual vacation leave with pay in accordance with the following table:
AMOUNT OF CONTINUOUS SERVICE DURING THE PREVIOUS YEAR | |
THROUGH DECEMBER 31 | VACATION |
AMOUNT OF CONTINUOUS SERVICE DURING THE PREVIOUS YEAR | |
THROUGH DECEMBER 31 | VACATION |
Less than 1 full calendar year of service | .916 days for each full month of service |
After 1 full calendar year of service | 2 Weeks |
After 7 full calendar years of service | 3 Weeks |
After 14 full calendar years of service | 4 weeks |
After 21 full calendar years of service | 5 Weeks |
After 24 full calendar years of service | 6 weeks |
In addition to the above, after one (1) full calendar year of service, effective January 1, 1985, all Command Officers will be entitled to two (2) full discretionary vacation days.
A Command Officer should take vacation in the calendar year following the year in which it was earned. In the event a Command Officer is not allowed to schedule and/or take his vacation in the year in which it should have been taken, he may request that unused vacation be carried over to the following year. Such request must be submitted to the Human Resources Department prior to December 1 of each year. All such carry-over vacation must be taken no later than April 30 of the following year. In the event that the City has not allowed the Command Officer to take the vacation time to which he is entitled by April 30 of the year following the calendar year in which it should have been taken, then he shall be paid for such unused vacation days.
Command Officers shall be allowed to schedule and take vacations as provided herein in accordance with existing Departmental Procedures. Command Officers shall have the right to select vacation time by seniority. At least ten (10) per cent of the Command Officers assigned to the shift shall be granted vacation time in any period. Requests for vacation time will be considered first.
All employees in the Department of Police shall be entitled to fifteen (15) holidays per year. Each employee shall have the option of having up to fifteen (15) days off scheduled during the year or of having a lesser number of days off and receive pay for the difference between the number of scheduled days off and the fifteen (15) holidays to which he is entitled up to a maximum of fourteen (14) days for which he may be entitled to receive pay. In the event the employee elects to take days off, they are to be sched uled in a way as not to impair the operation of the shift or bureau. If the employee has elected to work up to fourteen (14) of these extra days in lieu of days off, then he shall be compensated at his regular straight time rate for having worked on those days. He shall be paid a bonus of ten (10) hours for each of the extra days scheduled.
The employee who elects to take the bonus payment in lieu of the extra scheduled days off shall receive up to one hundred forty (140) hours bonus pay to be distributed to him at the time he takes his regular vacation. The hours shall be payable at the rate of pay the employee earns for his vacation period.
A Command Officer shall be granted three (3) days of funeral pay to arrange for and/or attend the funeral of a member of the Command Officer's immediate family. A Command Officer's immediate family shall include father, mother, brother, sister, spouse, child, mother-in-law, father-in-law, son-in-law, daughter- in-law, stepmother, stepfather, step-child, grandparent, grandchild and any other relative residing in the household of the Command Officer.
In the event of the death of the Command Officer's father, mother, brother, sister, spouse, or child, the Command Officer, upon giving notice, shall have the right to take up to an additional three (3) days of sick pay. Such additional sick time shall be charged to the Command Officer's accumulated sick days, but shall have no effect on Bonus Days as provided in Section 2109.55 Bonus Days.
Should death or burial in the immediate family occur in a city located more than one hundred fifty (150) miles from Toledo, an additional two (2) days for travel shall be granted and paid.
The Command Officer may take two (2) days to attend the funeral and reserve a day to attend to the legal matters made necessary by the death.
This benefit shall also be extended when the relative is a veteran being returned for burial.
One (1) day of funeral pay shall be granted to attend the funeral of the Command Officer's foster mother, foster father, aunt, uncle, first cousin, niece, nephew, sister-in-law and brother-in-law.
When a special filial relationship exists between the Command Officer and any relative for whom the Command Officer would normally be granted one (1) day of funeral pay, three (3) days funeral pay will be granted when the Command Officer furnishes the Director of Human Resources an affidavit proving the existence of a special filial relationship. A filial relationship is defined as being one in which the Command Officer bears or assumes a relationship with another individual similar to that of a child, off-spring, or parent.
The relationships of aunt, uncle, first cousin, niece or nephew shall not be considered to come into existence on account of the marriage of a Command Officer.
The wife or husband of a Command Officer's spouse's sibling shall not be considered to be a sister-in-law or brother-in-law of the Command Officer.
A Command Officer shall be granted funeral pay only after the Command Officer furnishes evidence of the death of a person with whom the employee had a qualifying relationship.
Any employee who is required to serve on the jury in any court of record shall be paid his regular rate of pay during such periods.
In order for the employee to receive pay under this Section, he must secure a certificate from the Clerk of Courts, in which he served evidencing that fact of his having been required to serve.
When an employee is called for short term military leave, it shall be defined as an active military duty assignment issued by the President of the United States, an act of Congress, or as a state of emergency as ordered by the Governor of the State of Ohio (excluding voluntary duty) for a period of less than twenty-three (23) days (either continuous or interrupted) or 176 hours in any calendar year or military assignment. When an employee is called to active duty with their assigned military unit (excluding voluntary duty) they are entitled to a leave of absence from their respective City position without loss of pay for the time they are performing service in uniform services. They shall receive one month (22 days or 176 hours) per calendar year of City paid military leave. While on military leave, the City shall continue all employer benefit coverage including: vacation and sick leave accrual allowance, lump sum and stipend payments, pension contributions and spouse and dependent health care coverage. An employee shall qualify for short term military leave coverage even if the leave is not for a one month continuous military assignment. An employee shall be entitled to all pay (both City and military) received during their short term military assignment. Long term military leave shall be defined as a military duty assignment that exceeds twenty-two (22) days (either continuous or with interruption) or where a short term military leave assignment extends beyond the twenty-two (22) days. When an employee's military duty exceeds the short term leave period specified above because they have been called to active duty as a result of an executive order issued by the President of the United States, an act of Congress, or a state of emergency as ordered by the Governor of the State of Ohio, they shall be paid the difference between his/her regular rate of pay they would have received pursuant to the contract, and the base pay they received from the military, for such a period. The City shall continue all employment benefits coverage for said employees during this period, to include: vacation and sick leave accrual; allowance, lump sum and stipend payments; pension contributions; and spouse and dependent health care coverage. This provision is intended to provide all employees, called to active duty as described, with the same amount of pay and benefits they would have received had the need for military service not arisen. Payments and benefits shall be made to employees from the date of absence as a result of active military duty until they return to City employment and payroll.
The employee upon submitting their military training schedule for the following year shall be granted the right to use their vacation time and/or trades with themselves to cover their training absences.
Holidays, vacation days and other time off to which an employee is entitled as a matter of right under or by virtue of any ordinance of the City and this Title of the Code, shall be considered as time worked and compensated accordingly, except that such paid time off need not be considered in determining hours worked under the Fair Labor Standards Act.
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