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It is the intent of the parties hereto that the overtime premium hours shall be kept equal within eight (8) hours for day workers and sixteen (16) hours for shift workers.
No employee shall work more than sixteen (16) continuous hours except in emergency situations where other qualified personnel are not available.
At the time that overtime assignments are made known to the responsible steward or during the course of working the overtime, if errors in the application of the overtime rotating list become known to the steward, he or she shall advise the supervision of any assignment errors so corrections may be made prior to or during the performance of work. Once advised that there is a mistake, supervision still has the prerogative to make the assignments. The responsible steward may then file under the grievance procedure. Employees not called for or offered the overtime when entitled shall be made whole for their loss. If overtime assignments are not made known to the responsible steward and a mistake is made, any affected employee shall be made whole for his loss. Under no circumstances will a steward's action regarding the above negate management's responsibility to make an employee whole for his loss.
An employee who has worked overtime shall be allowed to receive compensatory time off in lieu of pay at the appropriate overtime rate, if the employee so elects, provided that the employee does not accumulate compensatory time in excess of Fair Labor Standards Act Limitations. The employee shall receive this time off with pay in such a way as not to impair the operations of the work unit. In the absence of such election by the employee, he/she shall receive pay as provided herein. An employee must take all compensatory time in excess of one hundred sixty (160) hours by April 30 of the year following the year in which the time was earned. If the employee has not taken the time by that date, then they shall be paid for all hours not taken in excess of one hundred sixty (160) hours in the next regular pay period. Payment will be made in a separate check.
Overtime worked at alternate status may be elected as compen satory time and the difference between hourly rates will be paid with the pay period of the hours worked. Any remaining vacation time must be scheduled before compensatory time is permitted after October 1st of each year.
Holidays, vacations and other time off to which the person is entitled as a matter of rights under or by virtue of any ordinance of the City and this Agreement shall be considered as time worked except when determining hours worked for purposes of compliance with the Fair Labor Standards Act.
GENERAL PROVISIONS
(A) The City shall continue to make provisions for the safety of its employees consistent with the rules/requirements of the Ohio Employment Risk Reduction Standards and such rules as may otherwise be adopted by the Public Employment Risk Reduction Advisory Commission of the Ohio Department of Industrial Relations, Division of Occupational Safety and Health, provided, however, remedies shall be pursuant to the provisions of H.B.308.
(B) Employees are to comply with all General Safety Rules of the City and any special Divisional safety rules and shall be required to use safety equipment provided to them.
(C) The parties will establish a labor-management Health and Safety Committee. The Union will be represented on this Committee by the Local Union President or Chief Steward 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) The Committee may recommend periodic inspections of the various locations when necessary by staff of the Department of Human Resources.
(b) The Committee shall make recommendations for the correction of unsafe or harmful work conditions and the elimina tion of unsafe or harmful practices as reported to the Committee by representative(s) of the Department of Human Resources and Divisional Safety Committees.
(c) The Committee may recommend investigation of any potential worker exposure to dangerous substances, fumes, noise, dust, etc.
(d) The Committee shall be provided written identification of any potentially toxic substance to which the workers are exposed together with material data sheets, if any.
(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 Union, 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 timeframes 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 Department of Human Resources 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 of experts and authorities on safety matters and recommend to the representative of the Department of Human Resources that experts 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 Union be utilized on an as-needed basis as determined by the Committee.
(3) Sub-committees 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' Compen sation 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 a per employee reduction in the City's cost in providing both injury pay and Workers' Compensation benefits from the preceding year.
(5) Union 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.
(D) Divisional Safety Committees shall be formed which will include the Commissioner or designee, a representative designated by the Union and other divisional personnel mutually agreed upon.
Employees excluded from this Title of the Code shall not perform work covered by the listed classifications and ordinarily assigned to employee(s) covered herein except during emergencies where all positions have to be monitored until help arrives.
Supervisory training on all communication equipment will be ongoing through the year.
This section does not preclude supervisors from relieving employees for breaks and lunches, nor is it intended to prevent supervisors from maintaining proficiencies in the various assignments and equipment throughout the year.
The City agrees to furnish bulletin boards in each Unit. The Union shall have the right to post Union notices or notices of social gatherings on the bulletin boards. No article shall be removed from the bulletin boards without first securing permission from the Union. Any person found guilty of this act shall be disciplined. Bulletin board placement shall be mutually agreed upon.
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