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The parties agree that alcoholism and other such drug depen dencies are both a sickness and a social ill. The parties desire to work together to help correct the problems this has caused our employees and the City.
The parties will identify in a cooperative fashion persons in need of the Employee Assistance Program both inside and outside the discipline process.
The parties agree that a strengthening of the Employee Assistance Program is essential for effective operation of that program. In order to strengthen it, the following actions must take place.
1. Additional training and education on alcoholism, drug dependency, and the Employee Assistance Program should be made available.
2. When discipline is involved, the parties will fashion discipline so that the remedy will help correct the problem as well as imposing a penalty. The City reserves the right to discipline.
3. When an employee is referred to the Employee Assistance Program as a result of the discipline process, the employee shall attend that program under threat of further discipline.
4. Reports limited to attendance, cooperation, and progress can be confidentially supplied to the employee's division head and other appropriate individuals so as to assure that treatment is completed; provided, however, that the exact nature of the problem, prognosis, and diagnosis should remain confidential. Reports shall only be provided when the employee is enrolled in the Employee Assistance Program as a result of the discipline process or when the employee consents to the submission of status reports.
5. The methods, criteria, functions, successes or failures of this program shall be re-evaluated whenever appropriate.
6. The Union and City shall form a committee of a representative from the Union, a representative from the City, and the coordinator of the Employee Assistance Program to evaluate and assist the Employee Assistance Program.
SENIORITY AND RELATED MATTERS
Newly hired employees shall have no seniority during their probationary period, but upon completion of the probationary period their seniority date shall be the date of hire. Employees in classifications included in Section 2115.02, “Classifications”, shall be probationary employees for a period of one thousand five hundred and sixty (1,560) actual hours worked after successful completion of on the job training. Said employees shall not receive any fringe benefits during the initial one hundred and sixty (160) actual work hours of employment, but shall be entitled to full fringe benefits thereafter.
A performance appraisal system for individual employees may be adopted or continued and instituted by the City in cooperation with Local 7. The system's use in rewarding exemplary performance and determining training needs shall be initiated by mutual agreement with Local 7 by a committee consisting of up to six (6) members (3 City, 3 Local 7), at least one of which from the affected unit.
The performance appraisal system shall include a measurement instrument, mutually agreed to by the City and the Union, including the establishment of performance goals to be agreed upon by the employee and the supervisor. The system shall include training in proper evaluation techniques for both employee and supervisor.
Following the development of the system and employee training, a trial period, not to exceed six (6) months, shall be used to evaluate the effectiveness of the performance evaluation system. Data from the trial period will be used to evaluate methods of improving the system.
After the trial period and the evaluation of the pilot performance appraisal system, the modified system may be replicated in other divisions by mutual agreement of the City and the Union.
Seniority shall accrue to regular full time employees of the City and shall be based upon the total length of continuous service with the City, and shall be used for the purpose of determining layoffs, bumping rights and recall rights.
The seniority date of a City employee shall be the date of the employee's appointment as a permanent or provisional employee. If the employee (1) was originally hired directly by the City as a temporary employee and (2) worked continuously full-time, and (3) was subsequently made a permanent or provisional employee in any classification without a break in service, then upon the employee's successful completion of the probationary period in the permanent or provisional position, the employee's seniority date shall be the date of original appointment to the temporary appointment.
All full-time continuous service as a temporary employee meeting the above criteria shall be counted for the purpose of determining the employee's entitlement to fringe benefits. If the employee had worked as a temporary continuously full time for one hundred and twenty (120) work days, then the employee shall be eligible for fringe benefits immediately upon appointment as a permanent or provisional employee.
Unit Seniority shall mean seniority in a classification within the unit and shall be used for preference of vacations, bonus vacations, holidays, shift selection for non-probationary employees, use of compensatory time and placement on the overtime rotating list and bidding vacancies on shifts in accordance with recognized Divisional Agreements. Where a Divisional Agreement specifies bid rights, those provisions will control over the assignment of work. Unit seniority shall also be used for purposes of alternate and provisional appointments as provided in Sections 2115.54, “Alternates”, and 2115.49(c), “Promotions”. “Unit” means an operational section based on common work and/or site location. Unit determination shall be mutually agreed to by the City and the Union and be incorporated into the Divisional Agreements.
It is the intent of the parties that job tasks will be rotated on each shift as equitably as possible.
The City will provide seniority lists. These lists shall be kept up-to-date and give the employee's City-wide seniority date and current permanent or provisional classification seniority date. The list shall be posted for all employees to see. These lists shall be furnished to the Union upon reasonable request.
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