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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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2105.82 Injury Pay
   (a)   Employees injured in the course of and arising out of their employment under such circumstances as would cause such injury or disability to be compensable under the Worker's Compensation laws of the State of Ohio will be eligible to participate in the City's Injury Pay Program. The Cost Containment Committee referenced below will select the Program Physician(s) and medical facilities from submitted proposals.
      (1)    Employees sustaining a work related injury that requires medical attention at a medical treatment facility (i.e., sprains, simple fractures, etc.) will be transported to and treated by a Program Physician or medical facility. The Program Physician, along with rendering a diagnosis and prognosis, will determine if the employee is capable of returning to regular duties, whether a transitional work assignment is appropriate, and the necessary rehabilitation plan to be followed; this plan will include the duration of any transitional work assignment not to exceed thirty (30) calendar days and indicate any physical therapy the injured employee may require. The Program Physician(s) may require follow-up medical evaluations.
      (2)   Employees sustaining a work related emergency/trauma injury (i.e., life threatening, severe body injury) may be treated at any medical treatment facility to which emergency medical personnel transport them. The employee will subsequently be examined by the Program Physician. The designated Program Physician will determine if the employee is capable of returning to regular duties or if a transitional work assignment is appropriate and the necessary rehabilitation plan to be followed; this opinion will include the duration of any transitional work assignment not to exceed ninety (90) calendar days and indicate any physical therapy the injured employee may require. The Program Physician(s) may require follow-up medical evaluations.
      (3)   An employee may, after the initial evaluation by the Program Physician, elect to continue treatment with their personal physician provided the Program Physician's recommendations are followed. The employee will sign any necessary waivers to allow their personal physicians to release information to the Program Physician. The employee's personal physician will be the physician of record for Workers' Compensation purposes.
   (b)    Upon the Program Physician's determination that an injury requires the employee to be off work, wherein the employee reports said injury within twenty-four (24) hours of the incident of illness or injury, paid leave shall be granted by the Department of Human Resources for up to sixty (60) days.
   Should such disability exceed sixty (60) calendar days, the Director of Human Resources, on application therefor and proof of continued disability, may extend the period during which such person is carried on the regular payroll. The length of such extended period or periods shall not exceed two (2) years.
   Injury Pay Extension Requests, accompanied by a "Statement of Attending Physician" setting forth the illness or injury and the need for additional time, must be presented to the Director of Human Resources no later than one (1) week after the expiration of the original sixty (60) day disability period. If the above requirements are not fulfilled, the request for injury pay extension may not be considered.
   (c)   Workers' Compensation: At the expiration of the injury leave granted, if the employee is still unable to return to work, the employee may elect in writing to use accumulated sick and other accrued time. If the employee is still unable to return to work, payment of normal wages will be stopped and the Industrial Commission will be requested to begin weekly payment under the provisions of the Workers' Compensation Act.
   (d)   If the opinion of the employee's treating physician conflicts with that of the Program Physician and such opinion is presented to the City in seven (7) calendar days of the Program Physician's evaluation, and if the physicians cannot agree after consultation, the employee will be referred for a third opinion. The Cost Containment Committee referenced below will establish a panel of occupational health specialists for third opinions. The third opinion shall be determinative of the employee's injury pay status under the contract and shall not be subject to further appeal or review. If the third opinion is consistent with the Program Physician's plan and the employee fails to abide by the rehabilitation plan, or if the employee enters and later drops out of the plan, then the City can recoup injury pay advanced from the employee's sick time accumulation. If the employee does not have a sufficient sick time balance, the City shall recoup the injury pay by reducing future sick leave earnings by one-half until the injury pay is fully recouped.
   (e)   Employees who sustain injuries in the course of and arising out of their employment under such circumstances as would cause such injury or disability to be compensable under the Worker's Compensation laws of the State of Ohio who choose not to be evaluated by the Program Physician or who choose not to follow that physician's recommended program and go only to the physician of their choice are not entitled to any paid injury leave benefits contained in this collective bargaining agreement. Notice of intent not to participate in the City's injury program must be given within three (3) workdays of the injury. Any and all work-related injury claims will be processed through and conform with the Workers' Compensation Act.
   (f)   False Claim: The City reserves the right to recoup benefit payments to any employee who is guilty of submitting a false claim, or abuse of the privileges covered in this section, or working for another employer while on injury leave, and may take disciplinary action.
   (g)   An employee working in a transitional work assignment will be compensated at their regular rate of pay. The employee will not be entitled to bid rights, overtime, etc., since the employee is not fit to perform all of the duties of the classification. With regard to the rights of other employees, the employee in the transitional assignment will be deemed not to be working out of classification.
   Transitional work assignments will be identified by the Department of Human Resources in consultation with those divisions who have appropriate tasks available. The currently available assignments and the tasks involved in each division will be provided in writing to the union.
   It is not the intent of this Section to allow divisions to provide transitional work above that identified nor is a division required to provide transitional work where no such appropriate tasks have been identified and recognized.
   (h)   An employee whose treating physician has declared the employee to be "maximum medically improved" (MMI) using the tie-breaking feature in part (d) of this section, shall have the right to fill a position according to the following priorities:
      (1)   Return to the same job so long as it does not violate their physical restrictions;
      (2)   Return to the same job with reasonable accommodations for their physical restrictions;
      (3)   Return to a vacant position in the same salary group for which he/she qualifies that does not violate their physical restrictions;
      (4)   Return to a vacant position in a lower salary group for which he/she qualifies that does not violate their physical restrictions.
   In the event that an employee cannot be returned to work in their regular job or alternate position, or is applying for a PERS disability retirement, if the employee has followed the Injury Pay Program, the City will continue injury leave pay for a period of forty-five (45) days. After forty-five (45) days, the employee may use sick leave and/or vacation time that they have accrued. The Department of Human Resources will continue to review the vacancy list every two weeks for a position for which the employee would qualify. Where appropriate, if the employee qualifies for Bureau of Workers Compensation rehabilitation, the City will cooperate with the Bureau in allowing on-the-job training to help qualify the injured worker for a position.
   With the intent of this injury program being to minimize time away from work and return the healthy employee to active employment as soon as possible, the Joint Labor-Management Health and Safety Committee (Section 2105.70 Provisions for Safety and Health) will also serve as a cost containment committee for Workers' Compensation.
2105.83 Bonus Days
   A regular full time employee of the City shall be given Bonus Days provided the employee has earned sick pay benefits in the previous year, in accordance with the Bonus Day Table set forth below:
   For the purpose of bonus vacation, unpaid sick days taken will be applied in the same manner as paid sick days.
BONUS DAYS-CANCELLATION TABLE
Months Worked
Sick Days Taken
0
1
2
3
4
5
6
7
8
9
10
12
5
5
5
4
3
2
1
½
0
11
4
3
½
0
10
4
4
4
3
2
1
0
9
3
2
½
8
3
3
3
2
1
0
7
2
1
½
6
2
2
2
1
½
0
5
1
½
0
4
1
1
1
½
0
3
½
½
½
0
 
   BONUS DAYS-CANCELLATION TABLE
Months Worked
Sick Days Taken
0
1
2
3
4
5
6
7
8
9
10
12
5
5
5
4
3
½
0
11
4
3
2
1
½
0
10
4
4
4
3
2
½
9
3
2
1
0
8
3
3
3
2
1
½
7
2
1
0
6
2
2
2
1
½
0
5
1
½
0
4
1
1
1
½
0
3
½
½
½
0
 
2105.84 AFSCME Care Plan
   The parties agree that the AFSCME Care Plan will consist of the following:
      (1)    Life insurance
      (2)    Hearing aid
      (3)    Vision care II
   The cost of this plan shall be borne by the City, provided that the total cost shall not exceed twenty dollars ($20.00) per employee per month during the life of this agreement.
2105.85 Hospitalization-Prescriptive Drug-Dental Insurance
   (a)   General Provisions: The City shall continue to provide hospital, medical, surgical, major medical, outpatient diagnostic laboratory services, prescription drug, dental care and benefits under the terms and conditions set forth below.
      (1)   Coverage shall be provided to each employee, each employee's spouse and all unmarried dependent members of the employee's family to age twenty-three (23). Spouses who are both employed by the City must jointly elect only one coverage. A new election may occur after an open enrollment due to circumstances such as layoff or other separation of one of the spouses, death, or divorce. Spouses who are both employed that have dependents from prior marriages for whose hospitalization coverage they are responsible shall be exempt from this joint election requirement.
   Where the spouse of a City employee has health care coverage through a different employer, the spouse must enroll in his/her employer's plan. Dependents shall be covered as provided by the "birthday rule". Coordination of Benefits shall be provided so that coverage is extended to the spouse and dependents that is not provided by the other employer's plan. In cases of demonstrated hardship due to excessive co-premiums (i.e. 40% co-premiums or premium payments equaling 30% or more of earnings) special consideration will occur.
      (2)   Coverage shall be provided at the levels existing as of May 31, 1994 except as set forth in paragraphs (b) and (c) herein.
   (b)   The following health care cost containment procedures shall be effective for all employees enrolled under traditional coverage:
      (1)   Second surgical opinions, pre-admission notification or certification, emergency care limitations, post-admission concurrent review, outpatient surgery, continued treatment and technological review, medical case management, planned discharge, and other procedures as may be established under the medical review programs established by the City shall be followed. Failure to follow the procedures shall result in only eighty percent (80%) coverage for necessary care.
      (2)   Full-time employees covered by another health care program due to marriage or other reasons may waive their City of Toledo coverage and receive twenty-five thousand dollars ($25,000.00) in additional life insurance coverage. This shall also be extended to those employees whose spouses are also employed by the City.
      (3)   Coverage for nervous and mental treatment is limited as follows. Inpatient care shall be maintained at a maximum of thirty-one (31) days per calendar year. Outpatient coverage shall be expanded to a maximum of twenty-two visits per year at fifty percent (50%) co-insurance.
      (4)   Coverage for drug and alcoholism treatment is limited as follows. Inpatient care shall be maintained at a maximum of thirty-one (31) days per calendar year. Coverage is limited to a maximum of twenty-five thousand dollars ($25,000.00) lifetime benefits for all inpatient and outpatient care. Inpatient coverage shall be at one hundred percent (100%) for an individual's first admission, seventy-five percent (75%) for a second admission, and fifty percent (50%) for a third admission. No coverage shall be provided beyond three (3) admissions per lifetime or thirty-one (31) days per calendar year. Outpatient coverage shall be expanded to a maximum of two thousand five hundred dollars ($2,500) per calendar year at fifty percent (50%) co-insurance. Employees using drug and alcoholism treatment benefits must use the City employee assistance program.
      (5)   The panel of providers, and/or Preferred Provider Organization (P.P.O.), selected by the City for managing and providing nervous and mental, drug and alcohol treatment must be utilized. The City will request proposals toward a managed care plan for this purpose with an effective date of June 1, 1999. The Union shall have a seat on the selection committee, but the right of final selection is reserved to the City. The schedule of benefits in effect as of February 9, 1999 shall be maintained, without additional co-pays or deductibles.
   (c)    The following cost sharing plan and cost coverage restrictions shall be effective for all employees:
      (1)    There shall be a five hundred dollar ($500.00) annual per person maximum on chiropractic care and a one thousand three hundred dollar ($1,300.00) annual per person maximum on physical therapy, both subject to the major medical deductible ($100/individual and $200/family) and co-insurance (80%/20%).
      (2)    Major medical benefits shall be paid to a lifetime maximum of one million dollars ($1,000,000.00) per person with a one hundred dollar ($100.00)/individual and two hundred dollar ($200.00)/family deductible and 80%/20% co-payment; provided that coverage for nervous and mental, drug and alcoholism treatment is limited per paragraphs (b)(3) and (b)(4).
      (3)    There shall be a one hundred dollar ($100.00) co-pay for all emergency room visits, which shall be waived if the individual is admitted or if the visit is between the hours of 8:00 p.m. and 9:00 a.m., or on a Saturday after 12:00 Noon, or on a Sunday.
      (4)    As a condition of continued coverage under the terms of this section, covered employees shall, beginning the first full pay period in July, 2012, be responsible for premium payments in accordance with the following schedule: Single employees receiving coverage under this section shall pay a monthly premium of forty-eight dollars ($48) per month; a single employee with one (1) dependent shall pay a monthly premium of eighty dollars ($80) per month; an employee with more than one dependent (e.g. family coverage) shall pay a monthly premium of ninety-two dollars ($92) per month. Any employee eligible to receive coverage may waive such coverage.
   Effective the first full pay period in June, 2013 the monthly premiums will be increased as follows:
   Single employees receiving coverage under this section shall pay a monthly premium of seventy-one dollars ($71) per month; a single employee with one (1) dependent shall pay a monthly premium of one hundred twenty dollars ($120) per month; an employee with more than one dependent (e.g. family coverage) shall pay a monthly premium of one hundred twenty-nine dollars ($129) per month.
   Effective the first full pay period in June, 2014 the monthly premiums will be increased as follows:
   Single employees receiving coverage under this section shall pay a monthly premium of ninety-four dollars ($94) per month; a single employee with one (1) dependent shall pay a monthly premium of one hundred sixty dollars ($160) per month; an employee with more than one dependent (e.g. family coverage) shall pay a monthly premium of one hundred sixty-six dollars ($166) per month.
   The co-premium payments will be made by payroll deduction on a pre-tax basis. Spouses who are both employed by the City of Toledo will only pay one co-premium payment based on the level of coverage selected. The "birthday rule" and the spousal exclusion language in Section 2105.85(a) continue to apply to coverage options.
   (d)   Effective June 1, 1994 the availability of a Health Maintenance Organization (HMO) and Preferred Provider Organization (PPO) shall be discontinued. All employees, including those in the Traditional Plan, shall thereafter be enrolled in the Consortium Plan. Consortium Plan coverage and benefits shall be at the Traditional Plan levels as of June 30, 1993 except as otherwise provided here or in the plan document. Consortium Plan Medical Providers shall be restricted to those hospitals, physicians, and other care providers designated in the plan as developed by the City in conjunction with the Cost Containment Committee. It is understood that the City is currently utilizing the hospital and ancillary providers panels through the Frontpath Health Coalition (FHC). It is further understood that the physicians' panel may be implemented without further consultation with the Cost Containment Committee. However, the schedule of benefits shall not be diminished.
   (e)   The Cost Containment Committee shall be formed from among representatives of the various Bargaining Units and representatives of the City and shall be maintained. The Committee shall develop other cost containment measures, which shall include:
      (1)   Enhanced managed care, such as pre-certification, concurrent review, and utilization review;
      (2)   Changed coverage or benefits, such as increased deductibles, limitations on coverage, and contributions from employees;
      (3)   Increased claims control, such as coordination of benefits, subrogation, worker's compensation deferral, patient audits, and claims audits;
      (4)   Alternate delivery systems, such as preferred provider organizations for specific benefits and direct provider negotiations; and,
      (5)   Development of a participative employee plan by which employees will be encouraged to contain costs, audit bills, correct lifestyles, maintain wellness, and undertake other cost saving measures.
   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 Committee shall develop annual goals, objectives, and timetables directly aimed at reducing health care costs. Sub-committees may be formed as deemed necessary by the co-chairpersons to study issues, develop reasonable solutions, and report back to the Committee. 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 on 1, 3, 4, and/or 5 measures listed above, the City may take such actions as it deems necessary to exact cost containment. Changes in measure 2 must be by agreement of the parties.
   (f)   The Union releases the City from any obligation to expend monies currently in the healthcare savings fund created pursuant to former paragraph (g) of this Section on future cost increases or for wellness programming. The Union further releases the City from any obligation to consult with the Cost Containment Committee relative to the transfer or expenditure of those funds.
   (g)   Coverage for well baby care, pap tests, and office visits shall be offered to all employees enrolled under conventional coverage as follows:
      (1)   well baby care limited to routine examinations and immunizations for an infant until the infant's 1st birthday;
      (2)   pap tests as well as office fee will be paid in full once every twelve (12) months;
      (3)   office visits for routine wellness services and treatment of illness or injury rendered in the physician’s office, including physical examinations and family planning shall be subject to a ten dollar ($10.00) co-payment, which shall be counted toward the individual's major medical deductible;
   Fees that the physician charges for the services under paragraphs (1), (2), and (3) shall be paid on the same basis as other covered services (e.g. usual, customary, and reasonable). Payment for services under Part (g)(1) and (3) will be made for the first one hundred twenty-five dollars ($125) per single contract or three hundred dollars ($300) per family per calendar year collectively for well baby care (after the federally specified limits have been met) and for office visits. The ten dollar ($10.00) office visit co-pay shall not be counted toward the $125/300 limits. After deductibles are reached, payment shall then be under the major medical plan; provided, however, that the bill shall be reduced by the ten dollar ($10.00) office visit co-pay before the 80%/20% co-payment formula is applied.
   (h)   The City shall continue to provide a major dental program which provides the following:
   Type A Services: Preventative 100%
   Type B Services: Major and minor restorative 80%
   Type C Services: Orthodontia 60%
Deductible for Type B Services: $50.00 per person per year; maximum payment of $1,000.00 per year.
Maximum lifetime benefit for Type C Services for any covered person $1,000.00; coverage limited to dependent children under age 19.
   This program shall continue in effect for the duration of this agreement.
   (i)   The City shall provide a three tier closed formulary prescriptive drug purchase program with a co-payment structure of a six dollar ($6.00) co-payment for tier 1 (generics) drugs; a fifteen dollar ($15.00) co-payment for tier 2 (preferred brand name) drugs; and a thirty dollar ($30.00) co-payment for tier 3 (non-preferred brand name) drugs. This program will include a generic drug substitution option.
      (1)   The City shall select the provider for formulary drug program, who shall group drugs according to determinations made by the provider's therapeutic committee as it deems necessary. The City may select an alternative carrier at its option.
      (2)   The City may implement managed care for the prescriptive drug program. This would allow for an evaluation of the interaction of an individual's different prescriptions on a voluntary basis. Recommendations could then be made to the individual and his/her physician for more effective drug therapy.
   (j)   The coverages herein for dental and prescription drug shall be under either an individual or family contract as may be appropriate. The selection of the insurance carrier to provide the coverages herein is the exclusive right of the City.
   (k)   A reopener over the terms of this section may occur upon ten (10) days notice by the City if the City's percentage rise in medical services costs in the year 2000 is more than seven percent (7%) greater than the industry actuarial trend for Northwest Ohio. The base cost for this purpose will be the average annual full-time equivalent employee cost for medical services for the combined calendar years 1998 and 1999. In calculating the City's percentage rise, claims for an individual that total more than $25,000 shall be excluded from consideration from both the base cost and the year 2000 cost. If agreement cannot be reached within thirty (30) days after commencement of the reopener, the parties shall select an arbitrator using the selection procedure set forth in Section 2105.18, "Definition and Grievance Procedure". The arbitrator shall conduct a hearing and render a decision following the provisions of the Ohio Public Employee Collective Bargaining Law at Section 4117.14(G), notwithstanding the provisions of 4117.14(D)(1).
   In consideration for the right to reopen on this basis during the term of the 1999 Collective Bargaining Agreement, the City shall not exercise its rights under Paragraph (e) above to take such actions as it deems necessary to exact cost containment through measures 1, 3, 4, and/or 5. The existence of this reopener provision, or this clause of that provision, does not prevent the parties from agreeing through the Cost Containment Committee or otherwise to cost containment measures during the term of this agreement.
   The parties hereby agree that they will meet, confer and negotiate on the existing provisions of Section 2105.85 when the Frontpath Health Coalition plan expires.
2105.86 Public Employees Retirement System of Ohio
   (a)    The City will continue to participate in the Public Employees Retirement System of Ohio as provided in the Ohio Revised Code.
   (b)    As long as the City participates in a pension "pick-up" plan in accordance with Internal Revenue Service Regulation(s) and Ohio Attorney General Opinion(s) as permitted by law State and Federal Income Taxes on employee pension(s) contribution(s) by all bargaining unit members, may be deferred.
   (c)    Effective with the first full pay period of July 2012, the City will pay five percent (5.0%) of the employee's pension contribution and the employee shall be responsible for the remaining percentage (employee contribution increased from 1.5% to 5.0%). In July of 2012, Local 2058 Main Unit employees receiving a reduction in pension pickup will receive a separate one time lump sum check in the amount of one thousand two hundred fifty dollars ($1,250). Local 2058 Main Unit employees unaffected by the pension pickup reduction are not eligible to receive the lump sum payment.
   (d)    Effective with the first full pay period of March 2013, the City will pay two percent (2.0%) of the employee's pension contribution and the employee shall be responsible for the remaining percentage (employee contribution increased from 5.0% to 8.0%).
   (e)    Effective with the first full pay period of March 2014, the City will pay zero percent (0%) of the employee's pension contribution and the employee shall be responsible for the remaining percentage (employee contribution increased from 8.0% to 10%).
   (f)    In the event that the employee share of the pension payment increases due to a change in law or regulation during the term of this agreement the employee shall be responsible for paying the entire amount of the increased employee contribution.
   (g)    Employees who are promoted into positions in this bargaining unit and who were hired or reinstated after January 1, 2009, shall be required to pay the entire employee share of their pension and, furthermore, shall not receive the lump sum payments contained in this section.
   (h)    Except for the one time lump sum payment of one thousand two hundred fifty dollars ($1,250) to affected employees, employees that are eligible to have the City pick up a percentage of their employee share of pension are prohibited from receiving the payment specified in paragraphs (c) through (e) directly. The payments will be to employees' individual P.E.R.S. accounts.
   (i)    Effective the first full pay period of March 2014, and pursuant to sub-section (e), the parties agree and understand that the city's pension pick-up referred to in this article will terminate, and the City will no longer implement or participate in any pension pick-up plan.
2105.87 Safety Shoes and Glasses
   The City will provide an employee purchase plan whereby authorized employees will be able to purchase personal protective equipment (shoes, glasses) including corrective lenses. The purchase program shall make these items available to the employee at forty percent (40%) of the cost, with the City paying the remaining sixty percent (60%). However, when the City requires the use of safety shoes or special soled shoes, one hundred percent (100%) of the cost shall be borne by the City. The Human Resources Department shall determine which employees will be authorized to purchase equipment through this program.
   If and when safety shoes and/or glasses are worn out or damaged while on duty, such employee will turn in to the Department Head or Division Head said worn out or damaged safety shoes and/or glasses, whereas the City representative shall have them replaced, at no cost to the employee (on required safety shoes only).
2105.88 Vacation
   (a)   All regular employees of the City shall be entitled to annual vacation with pay in accordance with the following table:
Amount of Service
During Previous Year
Through December 31   Vacation
Less than 1 full calendar year    .916 days for each full month
After 1 full calendar year     2 weeks
After 7 full calendar years     3 weeks
After 14 full calendar years     4 weeks
After 21 full calendar years     5 weeks
After 25 full calendar years     6 weeks
   (b)    In addition to the above, after one full calendar year of service, the employee shall be entitled to one (1) full additional discretionary vacation day.
   (c)    In determining eligibility for vacation, only continuous years of service shall be counted. Except where an employee has served nine (9) full calendar years with the City and has terminated and then returns to the City, such employee shall be entitled to count the prior service for determining eligibility for vacation.
   (d)   An employee should take vacation in the calendar year following the year in which it was earned. In the event an employee is not allowed to schedule his vacation in the year in which it should have been taken, he may request that such unused vacation be carried over to the following year. Such request must be submitted to the Department of Human Resources prior to December 1 of each year. All such carry over vacation must be taken no later than April 30 of the following year.
   (e)   Employees shall be allowed to schedule and take vacations provided herein in accordance with existing Departmental procedures agreed upon between the City and the Union.
   (f)   An employee shall not be allowed to be paid cash in lieu of receiving vacation unless the City for some valid reason has not allowed the employee to take the vacation time to which he is entitled by April 30 of the year following the calendar year in which it should have been taken. In that event, the employee shall be paid for such unused vacation days.
   (g)   An employee may request the advance of five (5) days pay at the time of his vacation. The request must be made to the payroll clerk for the division at least fourteen (14) calendar days prior to the payday on which the check is to be received. This may be done once each calendar year and is contingent upon the employee having worked in the period in an amount sufficient to be entitled to the advance pay requested.
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