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All City employees who are requested to use their private motor vehicle on City business shall be compensated based upon the IRS rate which may be deducted from the employee's federal income tax without having to itemize specific expenditures as established by the Internal Revenue Service letter. When an employee has had a City car assigned then they shall not have the City car reassigned and be requested to use their personal car on City business for periods of less than one (1) week. No City employee shall be required to use their private motor vehicle for City business unless that requirement was a condition of original appointment. The determination as to which positions are furnished a City owned motor vehicle may be made by the Mayor except assignment under these conditions shall according to seniority (example - most senior employee has the choice as to whether he/she wants to be assigned a motor vehicle or be put on the allowance or provided with a pool car). In the event the employee has had a City-owned motor vehicle and it is taken away, the employee may either receive the mileage allowance for use of their vehicle as provided herein, or the employee shall be furnished a pool car. In no case can a City owned vehicle be reassigned to a more senior employee than the employee from which it was taken unless agreed to by the senior employee. The Mayor shall promulgate regulations covering the use of private vehicles on City business that are not in conflict with the provisions contained herein.
Forms shall be provided for the adequate reporting of mileage under this section and must be prepared by the employee and submitted monthly.
In the event the employee is recalled to work, they shall be entitled to the allowance for each time they are required to report for work on any day.
Employees who terminate their employment with the City for any reason shall have their termination pay computed in the following manner.
(a) They shall be compensated for any earned vacation and bonus vacation including any vacation carried over from the previous year plus vacation earned the year in which the employee terminated. The computation of the vacation earned in the year in which the employee terminated shall be in accordance with the following table.
Entitled to 2 weeks -- .916 x the number of months worked
Entitled to 3 weeks -- 1.333 x the number of months worked
Entitled to 4 weeks -- 1.750 x the number of months worked
Entitled to 5 weeks -- 2.166 x the number of months worked
Entitled to 6 weeks -- 2.584 x the number of months worked
(b) In addition to the above, the employee shall be paid for any holidays worked for which they have not been compensated either in the form of pay or time off. If the employee was entitled to a discretionary holiday and has not taken it and is terminated on or before June 30th, they shall receive pay for the discretionary holiday.
(c) An employee shall also be paid longevity computed on a prorated basis for those number of months worked that year.
(d) In addition to the amount set forth in a, b, and c above, employees who retire, or die while in the employment of the City, or who separate in good standing from employment after twenty-one (21) years of service shall also receive severance pay for unused sick time in accordance with the provisions of Section 2115.94, “Accumulation and Payment of Sick Days”.
In the event the employee has died as the direct result of injuries sustained in the course of employment with the City, his or her estate shall be paid full accumulated sick time at the time of termination.
(e) Employees may purchase up to three (3) years prior service credit from OPERS using their severance pay under the following conditions:
(1) Employee must submit his/her OPERS statement of cost form to the division head no more than one hundred twenty (120) calendar days and no less than ninety (90) calendar days before the intended date of retirement. The employee must also sign a PAF II specifying the retirement date at that time, an individualized severance agreement and release devised by the city which shall include but not limited to, the employees effective date of retirement.
(2) The employee must have adequate severance pay available at the time of application to purchase the amount of prior service credit requested. The City is not responsible for purchasing or processing paperwork for prior service credit over and above the amount of severance pay available at the time of application. The City responsibility is limited to submission of the specified payment to O.P.E.R.S.
(3) The employees severance pay shall be reduced by the amount submitted to O.P.E.R.S. to purchase the prior service credit and the remaining severance pay shall be paid to the employee after retirement.
(a) The employees shall be paid bi-weekly every other Friday. Shift workers shall be paid any time after the end of the first shift on Thursday. Employees who are not scheduled to work on Friday shall receive their paycheck on Thursday.
(b) The pay period shall be for hours worked within a fourteen (14) calendar day period beginning on Friday and ending on Thursday.
(c) In the event that an error has occurred which results in a shortage in the employee's pay and the amount owed is not in dispute, then a special check, upon the request of the employee, shall be prepared within three (3) work days.
(d) In the event that a holiday falls on a payday, the employees shall receive their paychecks on the day prior to the holiday. When the Friday payday falls in the week of Thanksgiving, the employees shall receive their paychecks on the Wednesday prior to the Thanksgiving holiday.
(e) The paycheck of an employee whose wages are subject to attachment, will receive their check on Friday at a time established by the Treasury Division.
(a) All new Policies, Procedures, or Regulations shall be determined by the City and shall be promulgated from the Department of Human Resources. Divisional Agreements shall be agreements that are not management rights, and must be mutually agreed to by the Union and the City.
(b) When existing Policies, Procedures, or Regulations are changed, clarified or new Policies, Procedures, or Regulations are established, they shall be posted prominently on all bulletin boards for a period of twenty (20) consecutive work days before becoming effective. If a modified or new policy is grieved to Step 3 of the grievance procedure within ten (10) work days of posting, it shall not become effective until the hearing is held and a response is issued. The hearing shall be held within ten (10) work days of the submission of the grievance to Step 3. If the hearing is delayed at no fault of the Union, then the policy shall not be in effect until a hearing is held and a response is issued. If the hearing is delayed at no fault of the City then the policy will become effective at the end of the twenty (20) day posting period. The parties may mutually agree to an extension at any time during the process.
The City shall furnish each employee in the affected operation with a copy of all newly established sets of Policies, Procedures, or Regulations within ten (10) days after they become effective. The employee's immediate supervisor shall be responsible for distributing these Polices, Procedures, or Regulations to the employees and the employees shall be responsible for acknowledging receipt of the Policies, Procedures, or Regulations. Employees shall be provided with a copy of the Policies, Procedures, or Regulations at the time of hire.
(c) No Divisional Agreements will contain any provision relating to minimum manning requirements or mandatory filling of positions by overtime where no work exists for those positions. It is the inherent right of the City of Toledo to determine the numbers and levels of the work force within the operations of the various plants within the City.
(d) All Policies, Procedures, or Regulations shall be reasonable and shall be uniformly applied and uniformly enforced.
(a) Except for emergencies involving the public health, welfare and safety, and except as provided below, the City shall not subcontract any work or services being performed by the employees of the City.
(b) Where the City proposes subcontracting because of excessive cost, the following procedures will be used:
1. Prior to any subcontracting of work or services, the City shall notify the Union, in writing, of the proposed subcontracting using the subcontracting form indicating all the work to be subcontracted, the proposed start and completion dates, and the reasons for the excessive cost.
2. Subcontracting agreed to by the Union and not started within forty-five (45) calendar days of the projected start date shall be resubmitted to the Union using a new subcontracting form with a new start date and a new completion date if applicable.
3. Where formal bids are solicited, copies of bid specifications shall be furnished to the Union at the time the bids are solicited. No bid on the work from the Union is intended.
4. The Union and the City will be permitted fourteen (14) calendar days to agree to any work rule or other changes which will make performance of the work with City employees competitive. If this results in the City being able to perform work with City employees at competitive cost, the work shall not be subcontracted. In determining competitive cost, all cost aspects shall be considered. The work to be subcontracted must be performed at the appropriate prevailing wage rates as required by applicable statutes.
5. If the City of Toledo and the Union cannot agree on subcontracting of the work, it shall be submitted to arbitration for resolution of the question as to whether the work can be done by the City employees without excessive cost. Either party may request expedited arbitration, however the moving party shall bear the expense of the Arbitrator. A decision by the Arbitrator shall be rendered within thirty (30) days of the request for expedited arbitration or the work may be subcontracted. No employee will be laid off as a direct result of such subcontracting.
(c) Where subcontracting of work or services being performed by City employees is proposed for the reasons other than emergencies or excessive cost as specified below, the subcontracting form shall be used to evidence notification to the Union and discussion of the issues raised and the procedures below shall be followed:
(i) In cases in which the work or services being performed by City employees is actually performed only in another division or division(s), then the division head of the division principally responsible for such work or services shall be contacted by the primary division to determine if the work proposed for subcon tracting may be performed by the employees there. The division head shall base his/her decision on the availability of the appropriate employees and equipment in his/her division, the mission and priorities of the division, and the capability of the division's employees to fully perform the work in a timely and competent manner. The primary division head or the secondary division head shall advise the Union in writing of the secondary division head's determination. The Subcontracting Committee shall be required to review the division’s decision provided that the Union submits a demand for review within three (3) work days of receipt of the division’s decision.
(ii) Additionally, when coordination of a project involving three (3) or more divisions is necessary, the Subcontracting Committee may be called upon for assistance.
(iii) The Subcontracting Committee shall be comprised of six (6) members, three (3) from the City and three (3) from the Union. The Subcontracting Committee must meet and act upon such review request within seven (7) calendar days. Issues brought before the Committee shall be for advisory review only and shall not be subject to further review or appeal.
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