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TOLEDO MUNICIPAL CODE
CERTIFICATION
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER OF THE CITY OF TOLEDO, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART TWELVE - DEVELOPMENT CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
PART NINETEEN - TAXATION CODE
PART TWENTY-ONE - PERSONNEL RELATIONS AND MUNICIPAL EMPLOYMENT
TITLE ONE
CHAPTER 2101 Administrative and Managerial Staff
CHAPTER 2105 Supervisory, Technical and Professional Employees’ Union Local 2058
2105.01 Recognition
2105.02 Classifications
2105.03 Nonrepresentation; Probationary Period
2105.04 Other Agreements
2105.05 Part Time Employment
2105.06 Listing of Employees
2105.07 Authorization Card
2105.08 Union Assessments
2105.09 Credit Union or Financial Institution
2105.10 Additional Payroll Deductions
2105.11 Deferred Compensation
2105.12 Pledge Against Discrimination and Coercion
2105.13 Management Rights
2105.14 Representation
2105.15 Investigating Grievances
2105.16 Rights to Visit
2105.17 No Strike; No Lockout; Safe Conduct
2105.18 Definition and Grievance Procedure
2105.19 Default
2105.20 Counseling
2105.21 Written Reprimand
2105.22 Suspension Without Hearing
2105.23 Procedure
2105.24 Failure to Follow Procedure
2105.25 Clearing of Records
2105.26 Partners in Excellence
2105.27 Employee Assistance Program
2105.28 Probationary Period; Fringe Benefits and Evaluations
2105.29 City Seniority
2105.30 Classification Seniority
2105.32 Seniority; Bargaining Agent Officers and Representatives
2105.33 Loss of Seniority and Job Rights
2105.34 Unit Determination(s)
2105.35 Labor/Management Meetings
2105.36 Layoff Procedure
2105.37 Vacancies
2105.38 Recall Procedure
2105.39 Promotions
2105.40 Transfers; Voluntary Demotions
2105.41 Reinstatement Rights
2105.42 Alternates
2105.43 Leave of Absence Without Pay
2105.44 Personal Leave Up to Five Days
2105.45 Personal Leave From Six to Thirty Calendar Days
2105.46 Personal Leave of More than Thirty Calendar Days
2105.47 Falsification of Request
2105.48 Military service
2105.49 Parental Leave
2105.50 Sick or Injury Leave
2105.51 Work Schedules
2105.52 Daily Overtime
2105.53 Saturday Overtime
2105.54 Sunday Overtime
2105.55 Holiday Overtime
2105.56 Exceptions to Overtime Guarantees
2105.57 Work Shifts
2105.58 Work Schedules/Shift Workers
2105.59 Saturday-Sunday Shift Work
2105.60 Overtime; Shift Work
2105.61 Saturday-Sunday Overtime Shift Work
2105.62 Overtime Assignment
2105.63 Overtime-Probationary Employees
2105.64 Overtime-Transfers and Promotions
2105.65 Overtime Refusal
2105.66 Premium Hours
2105.67 Overtime; Compensatory Time Off
2105.68 Compensated Time Considered as Time Worked
2105.69 Injury at Work
2105.70 Provisions for Safety and Health
2105.71 Bargaining Unit Work
2105.72 Training and Service
2105.73 Working Above Classification
2105.74 Working Below Classification
2105.75 Resignation
2105.76 Outside Employment
2105.77 Change of Name and/or Address
2105.78 Accumulation of Sick Days
2105.79 Sick Pay Usage
2105.80 Reporting; Proof of Illness
2105.81 Sick Pay Extension
2105.82 Injury Pay
2105.83 Bonus Days
2105.84 AFSCME Care Plan
2105.85 Hospitalization-Prescriptive Drug-Dental Insurance
2105.86 Public Employees Retirement System of Ohio
2105.87 Safety Shoes and Glasses
2105.88 Vacation
2105.89 Paid Holidays
2105.90 Funeral Pay
2105.91 Jury Duty/Subpoena Rights
2105.92 Unemployment Compensation
2105.93 Educational Reimbursement
2105.94 Base Annual Salaries
2105.95 Shift Premium
2105.96 Saturday/Sunday Shifts; Holiday Pay
2105.97 Hazard Pay
2105.98 Meal Allowances
2105.99 Longevity Pay
2105.100 Travel Allowance
2105.101 Professional Development Allowance
2105.102 Termination and Severance Pay
2105.103 Refuse Collection
2105.104 Subcontracting
2105.105 Successors and Assignees
2105.106 Savings Clause
2105.107 Leave Donation Program
2105.108 Mid-Term Bargaining
2105.109 Termination
CHAPTER 2106 Supervisory, Technical and Professional Employees’ Union Local 2058 - Communications Operator Supervisors
CHAPTER 2107 Toledo House of Correction Local 2058
CHAPTER 2109 Toledo Police Command Officers' Association
CHAPTER 2113 Toledo Fire Chiefs' Association
CHAPTER 2115 Toledo City Employees - AFSCME Local 7 (Communications Operators)
TITLE THREE
TITLE FIVE
TITLE SEVEN
TITLE NINE
TITLE ELEVEN
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2105.09 Credit Union or Financial Institution
   The City shall deduct from the paychecks of employees, who have given written authorization, any monies earned to any authorized Credit Union, or other financial institution and remit same to such authorized financial institution.
   The City agrees to continue its current direct deposit program for employee paychecks. The employee may choose to receive a paper check or elect direct deposit of his/her paycheck. In order to elect direct deposit, the employee must give written authorization to the City for direct deposit to any authorized credit union or bank eligible to receive automated clearing house (ACH) direct deposit and follow the procedures for direct deposit as provided by the City.
2105.10 Additional Payroll Deductions
   The City shall deduct from the paychecks of employees giving written authorization such sums specified for the following programs:
   -   Community Shares
   -   U.S. Savings Bond Program
   -   United Way Payroll Deductions Program
   -   Public Employee Organization to Promote Legislative Equality (P.E.O.P.L.E.)
   The City shall remit such withholdings to the proper authorities. Should the City make available additional credit unions or other financial services, these services will be made available to Local 2058 members.
2105.11 Deferred Compensation
   The City shall make available during the term of this agreement the opportunity for all employees who have completed the probationary period to participate through payroll deduction in a Deferred Compensation Plan (Section 401-K Plan or Section 457 Plan) developed and administered by a provider designated by the City.
2105.12 Pledge Against Discrimination and Coercion
   (a)   The provisions herein shall be applied equally to all employees without discrimination as to age, sex, marital status, race, color, creed, national origin, sexual preference, or political affiliation. The failure of the City to apply provisions herein without discrimination, when brought to the attention of the Bargaining Agent, shall be subject to the provisions of the grievance procedure. It is the intent of the parties to provide a work environment free from any sexual harassment.
   (b)   Particularly, it is the express intent of the parties that this agreement shall not be interpreted in such a manner as to cause or constitute a violation of any law, specifically including Title VII of PL-88-352, as amended, known as the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act, and the Civil Rights Act of 1991.
   (c)    Further, it is the intent of the parties to abide by the policies against: sexual harassment as set forth in Administrative Policy and Procedure #34; racial, ethnic and religious harassment as set forth in Administrative Policy and Procedure #46; discrimination based on HIV and AIDS as set forth in Administrative Policy and Procedure #47; disabilities under the Americans With Disabilities Act as set forth in Administrative Policy and Procedure #48; workplace violence as set forth in Administrative Policy and Procedure #51; and health information privacy as set forth in Administrative Policy and Procedure #58 HIPPA Policy and Procedure, provided, however, that any remedy for violation of this policy shall be as set forth therein or provided by law.
   (d)   All references to employee(s) in this Title designate both sexes.
   (e)   The City agrees not to interfere with the rights of employee(s) to become members of the Bargaining Agent, and there shall be no discrimination, interference, restraint, or coercion by the City or its representatives against any legal employee activity in an official capacity on behalf of the Bargaining Agent.
   (f)   The Bargaining Agent recognizes its responsibility and agrees to represent all employee(s) in the Bargaining Unit without discrimination, interference, restraint, or coercion. The Bargaining Agent agrees not to intimidate or coerce any employee in an effort to recruit membership in the Bargaining Unit.
   (g)   Both parties recognize the need for an Affirmative Action Program and agree to cooperate in the implementation of the program of the City as established by ordinance and administrative regulation.
   (h)    Employees will be permitted to use the FMLA provisions of Administrative Policy #52 on the first day of their approved leave. This section will be uniformly applied.
2105.13 Management Rights
   Except as specifically limited by the express provisions of this agreement, nothing herein shall be construed as delegating or acquiescing to others the City's right of management and direction of the working force, including but not limited to the right to:
      (1)   Determine matters of inherent managerial policy which include, but are not limited to areas of discretion or policy such as the functions and programs of the public employer, standards of services, its overall budget, utilization of technology, and organizational structure;
      (2)   Direct, supervise, evaluate, or hire employees;
      (3)   Maintain and improve the efficiency and effectiveness of governmental operations;
      (4)   Determine the overall methods, process, means, or personnel by which governmental operations are to be conducted;
      (5)   Suspend, discipline, demote, or discharge for just cause, or lay off, transfer, assign, schedule, promote, or retain employees;
      (6)   Determine the adequacy of the work force;
      (7)   Determine the overall mission of the employer as a unit of government;
      (8)   Effectively manage the work force;
      (9)   Take actions to carry out the mission of the public employer as a governmental unit.
2105.14 Representation
   The Bargaining Agent shall be represented by a reasonable number of authorized employee representatives in each Department, and shall furnish the names of these authorized employee representatives to the Department of Human Resources and the appropriate Department and Division Heads.
   For purposes of this agreement the term "employee representative" means an elected or appointed official of Local 2058 who is a paid employee of the City, and/or a Union Staff Representative.
   The Union may conduct a monthly unit meeting of bargaining unit members for a period of thirty (30) minutes. The meeting will be held at a unit work site at a mutually agreed time. The meeting will be for the purpose of conducting Union business as well as discussions with management may be held on items of mutual interest and concern.
   The President and Chief Steward shall be provided release time for contract administration and grievance or disciplinary procedures. The President and Chief Steward shall report to his or her work location at the beginning of each workday. They shall advise his or her Division or Department of the necessity to leave the work location for Union business, either at the beginning of the workday, or throughout the course of the workday.
   In the event the President or Chief Steward needs to be absent on Union business at the beginning of the workday, they shall
advise their Division or Department of the necessity to be absent as soon as they are aware of the need to be released prior to their absence.
   The City shall provide the Union President and Chief Steward with a list of persons and contact information who can be contacted in order to report the need for Union release.
   The Local 2058 Executive Board shall be released for two and one-half (2.5) hours on a monthly basis to be scheduled at the end of the work day.
   The City shall not unreasonably withhold release time.
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