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(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.
The City agrees that all conditions of employment in its individual operation relating to hours of work, overtime differen tials and all working conditions shall be maintained at not less than the highest minimum standards in effect at the time of the passing of this Title of the Code and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Title of the Code. It is further understood and agreed that any wages, hours or working conditions agreed to that are in excess of those established herein shall not be reduced.
(a) All employees shall work within their classification, except as otherwise provided by other sections of this Agreement.
(b) If an employee works above his/her classification more than fifty percent (50%) of the time, the employee in the position shall have their job audited by the Civil Service Commission upon the employee’s request for a determination as to whether the position should be reclassified.
(c) Reevaluation reviews and reclassification studies shall be conducted within one hundred and twenty (120) work days of receipt of the request by the Department of Human Resources if a current job analysis of the classification(s) at issue exists. Otherwise, the review or study shall occur as soon as practicable after receipt of the request by the Department of Human Resources. Prior to submission, such requests shall be screened by the Division Head for a determination of whether reevaluation review or reclassification study is warranted. The Division head will make a determination within forty-five (45) calendar days from receipt of the employee’s request. An audit shall only be deemed warranted when the employee is regularly working above his/her classification more than fifty percent (50%) of the time, not in an alternate capacity, and is properly assigned.
The Division Head’s determination of whether an audit is warranted shall be subject to appeal to the third step of the Grievance Procedure. If the Division Head’s determination is not upheld, then the request shall be submitted to the Department of Human Resources. Reclassification study results shall be subject to review by the Civil Service Commission. Reevaluation reviews shall be subject to review by the Compensation Evaluation Review Committee.
(a) The City agrees that when federal money is secured for federally funded programs, the Union shall be given notice that the position or positions are to be filled. City employees in the Bargaining Unit shall be given first opportunity to fill such positions within the federal guidelines established by the program before any new employees are hired, consistent with Section 2115.46, “Vacancies”.
(b) If a regular employee in the Bargaining Unit desires the position they shall be given the right to fill the position in accordance with Civil Service Procedures and the resultant job opening will then be filled with the new employee.
(c) All federally funded positions within the jurisdiction of this Bargaining Unit shall be in the Bargaining Unit and the Union shall have the right to represent the federally funded employee and collect dues from them in accordance with the provisions herein.
In the event that the City of Toledo transfers to another entity any operations covered by this agreement, the City shall inform said entity that it is required to recognize and bargain with the Union as the representative of the employees of the transferred operations.
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