Common use of Non-Bargaining Unit Employees Clause in Contracts

Non-Bargaining Unit Employees. ‌ The City recognizes that Appendix A (Bargaining Unit Classifications) represents positions assigned exclusively to this bargaining unit. The City will agree that full-time equivalent (FTE) positions that are in the bargaining unit may not be underfilled by a Municipal Worker (MW) unless otherwise provided in this section. Situations where seasonal, temporary or emergency work is required to supplement the agency workload, seasonal employees or MW's may be used to perform said work. MW's can only be used to perform unskilled duties as identified by Civil Service Rules, or where identified by Memorandum of Understanding with the Union. It is recognized that MW's have been used to fill in for skilled entry level clerical duties. It is agreed that, recognizing the need to complete work, MW's cannot be used to temporarily underfill in an entry level clerical position longer than thirty (30) days; if an examination is required, the time is extended until three (3) weeks after posting of the eligibility list. MW's may not exceed fifteen hundred sixty (1560) hours. When a MW reaches the 1560 hour limit within a twelve (12} month period, unless otherwise mutually agreed to by the Agency and AFSCME, such employee must either be laid off or hired by the Agency as a full-time employee. If a MW is laid off within a twelve (12} month period because he reached the 1560 hour limit, he/she shall not be re-hired as an MW until after the anniversary date of his/her first hire. If an Agency re-hires an MW who has reached the 1560 hour limit before the expiration of the twelve (12} month period, the MW shall be hired as an unskilled full- time employee within two (2) pay periods of the date of re-hire. For the purposes of this Article, "12 month period" begins on the date of the MW's first hire. If an Agency is currently using or perceives a need to use MW's in a manner other than specified in this Article, the Agency must open discussion with AFSCME and present the reasons. If AFSCME and the Agency cannot reach agreement regarding the body of work, the work will be suspended until a mutual agreement is obtained, unless the Division or Department Head declares an emergency and has offered any higher-paying work to bargaining unit members prior to assigning work to MWs. The parties will continue to meet to reach mutual agreement with recognition that the Union can grieve the matter if mutual agreement is not reached. The City will notify AFSCME every 120 days of the name, nature of work, location and hours worked by MW's in all Agencies. No temporary, seasonal or MW's will perform work that is normally performed by the bargaining unit where such replacement will cause loss of a job or loss of scheduled or callout overtime opportunities, or where overtime is an extension of the bargaining unit employees' normal shift, except as provided in this Article. AFSCME acknowledges that the City may, from time to time, use contract employees to supplement work on a temporary, as needed basis. The City agrees, work normally performed by employees in the bargaining unit covered classifications shall not be contracted or subcontracted temporarily unless there are insufficient employees within the Agency to perform the necessary work, or bargaining unit covered employees do not have the skill, ability, technical knowledge, or necessary tools and equipment to perform such work. The City agrees any temporary contracting or subcontracting shall not result in layoff, reduction in pay or position of bargaining unit covered employees, the circumventing of any provision of this Agreement or depleting the bargaining unit. Temporarily contracted work normally performed by employees in the bargaining unit which extends beyond one hundred twenty (120) days shall be reported to AFSCME for review of impact on bargaining unit employees. The Agency will meet with AFSCME upon request.

Non-Bargaining Unit Employees. ‌ The City recognizes that Appendix A (Bargaining Unit Classifications) represents positions assigned exclusively to this bargaining unit. The City will agree that full-time equivalent (FTE) positions that are in the bargaining unit may not be underfilled by a Municipal Worker (MW) unless otherwise provided in this section. Situations where seasonal, temporary or emergency work is required to supplement the agency workload, seasonal employees or MW's may be used to perform said work. MW's can only be used to perform unskilled duties as identified by Civil Service Rules, or where identified by Memorandum of Understanding with the Union. It is recognized that MW's have been used to fill in for skilled entry level clerical duties. It is agreed that, recognizing the need to complete work, MW's cannot be used to temporarily underfill in an entry level clerical position longer than thirty (30) days; if an examination is required, the time is extended until three (3) weeks after posting of the eligibility list. MW's may not exceed fifteen hundred sixty (1560) hours. When a MW reaches the 1560 hour limit within a twelve (12} month period, unless otherwise mutually agreed to by the Agency and AFSCME, such employee must either be laid off or hired by the Agency as a full-time employee. If a MW is laid off within a twelve (12} month period because he reached the 1560 hour limit, he/she shall not be re-hired as an MW until after the anniversary date of his/her first hire. If an Agency re-hires an MW who has reached the 1560 hour limit before the expiration of the twelve (12} month period, the MW shall be hired as an unskilled full- time employee within two (2) pay periods of the date of re-hire. For the purposes of this Article, "12 month period" begins on the date of the MW's first hire. If an Agency is currently using or perceives a need to use MW's in a manner other than specified in this Article, the Agency must open discussion with AFSCME and present the reasons. If AFSCME and the Agency cannot reach agreement regarding the body of work, the work will be suspended until a mutual agreement is obtained, unless the Division or Department Head declares an emergency and has offered any higher-paying work to bargaining unit members prior to assigning work to MWs. The parties will continue to meet to reach mutual agreement with recognition that the Union can grieve the matter if mutual agreement is not reached. The City will notify AFSCME every 120 days of the name, nature of work, location and hours worked by MW's in all Agencies. No temporary, seasonal or MW's will perform work that is normally performed by the bargaining unit where such replacement will cause loss of a job or loss of scheduled or callout call- out overtime opportunities, or where overtime is an extension of the bargaining unit employees' normal shift, except as provided in this Article. AFSCME acknowledges that the City may, from time to time, use contract employees to supplement work on a temporary, as needed basis. The City agrees, work normally performed by employees in the bargaining unit covered classifications shall not be contracted or subcontracted temporarily unless there are insufficient employees within the Agency to perform the necessary work, or bargaining unit covered employees do not have the skill, ability, technical knowledge, or necessary tools and equipment to perform such work. The City agrees any temporary contracting or subcontracting shall not result in layoff, reduction in pay or position of bargaining unit covered employees, the circumventing of any provision of this Agreement or depleting the bargaining unit. Temporarily contracted work normally performed by employees in the bargaining unit which extends beyond one hundred twenty (120) days shall be reported to AFSCME for review of impact on bargaining unit employees. The Agency will meet with AFSCME upon request.

Non-Bargaining Unit Employees. ‌ The City recognizes rate for relief of non Union personnel will be one dollar ($1 per hour based on more than sixteen (16) hours worked and paid for all time so employed. Credit For Previous Comparable Experience All employees will be classified according to previous comparable experience. Employees having previous comparable experience may be paid a lower scale of wages than their experience calls for but not less than the minimum rate established by this Agreement for a probationary period not to exceed forty five (45) days from date of employment. Provided the employee’s services are retained and their experience is accepted as comparable, then after the forty-five (45) day period, they shall receive any difference between their probationary rate of pay and the rate for which their experience qualifies them. It is further understood that Appendix A the rate paid retroactively shall not apply to the first ten working days. Employees shall receive written notification showing any credit for previous experience. It shall be optional for the Employer to grant credit to those employees who are claiming previous comparable experience if such employees have been out of the industry for five (Bargaining Unit Classifications5) represents positions assigned exclusively years or more. In the event of any disagreements as to this bargaining unit. The City will agree that full-time equivalent (FTE) positions that are in credit granted for previous experience, such disagreements shall be considered a grievance and the bargaining unit may not be underfilled by a Municipal Worker (MW) unless otherwise grievance procedure provided in this sectionAgreement shall apply. Situations where seasonal, temporary or emergency work is required to supplement Provided the agency workload, seasonal employees or MW's may be used to perform said work. MW's can only be used to perform unskilled duties as identified by Civil Service Rules, or where identified by Memorandum Employer has: Provided the employee with a New Employee’s letter provided for in Article of Understanding with the Union. It is recognized that MW's have been used to fill in for skilled entry level clerical duties. It is agreed that, recognizing the need to complete work, MW's canthis Agreement not be used to temporarily underfill in an entry level clerical position longer later than thirty (30) days; if an examination is required, the time is extended until three (3) weeks after posting of the eligibility list. MW's may not exceed fifteen hundred sixty (1560) hours. When a MW reaches the 1560 hour limit within a twelve (12} month period, unless otherwise mutually agreed to by the Agency and AFSCME, such employee must either be laid off or hired by the Agency as a full-time employee. If a MW is laid off within a twelve (12} month period because he reached the 1560 hour limit, he/she shall not be re-hired as an MW until after the anniversary date of his/her first hire. If an Agency re-hires an MW who has reached the 1560 hour limit before the expiration of the twelve (12} month period, the MW shall be hired as an unskilled full- time employee within two (2) pay periods of weeks from the date of reemployment; Provided the employee with written notification showing credit granted for previous experience within the forty-hire. For the purposes of five (45) day period required by this Article, "12 month ; Provided the Union with a copy of the letter showing credit granted for previous experience within the same period" begins on . Then no consideration shall be given to any disagreement pertaining to credit for previous experience if presented later than sixty (60) days from the date of the MW's first hireemployment. If an Agency is currently using or perceives a need to use MW's in a manner other than specified in this Article, the Agency must open discussion with AFSCME and present the reasons. If AFSCME and the Agency cannot reach agreement regarding the body of work, the work will be suspended until a mutual agreement is obtained, unless the Division or Department Head declares an emergency and has offered any higherCall-paying work to bargaining unit members prior to assigning work to MWs. The parties will continue to meet to reach mutual agreement with recognition that the Union can grieve the matter if mutual agreement is not reached. The City will notify AFSCME every 120 days of the name, nature of work, location and hours worked by MW's in all Agencies. No temporary, seasonal or MW's will perform work that is normally performed by the bargaining unit where such replacement will cause loss of a job or loss of scheduled or callout overtime opportunities, or where overtime is an extension of the bargaining unit In Time All employees' normal shift, except as provided below, called in this Articleand who report for work shall, if required to work less than four (4) hours, receive four (4) hours pay at their regular hourly rate Students Paragraph I above shall apply to students on days other than school days. AFSCME acknowledges It shall also apply when stores are open for night shopping on school days. On school days other than when stores are open for night shopping, students may be paid for only those hours worked except when employed for less than two (2) consecutive hours, in which event they shall receive a minimum of two (2) hours pay at the regular hourly rate. If a student is called in before the store opens will be paid for four (4) hours. This four (4) hour minimum would also apply to any student called in for night stocking if he was brought in to start his shift one half hour or later after store closing time. Individuals are to be called in, in order of seniority in their classification, provided the call-in does not create an overtime situation for that individual’s work week. When a senior employee is at work and additional help is required, then the City may, from time Company agrees to time, use contract employees give the hours to supplement work on a temporary, as needed basis. The City agrees, work normally performed by employees in the bargaining unit covered classifications shall not be contracted or subcontracted temporarily unless there are insufficient employees within the Agency to perform the necessary most senior employee at work, or bargaining unit covered before any employees do not have the skill, ability, technical knowledge, or necessary tools and equipment to perform such workare called in. The City agrees any temporary contracting or subcontracting shall not result All call-in layoff, reduction in pay or position of bargaining unit covered employees, the circumventing of any provision of this Agreement or depleting the bargaining unithours will be marked on all schedules. Temporarily contracted work normally performed by employees in the bargaining unit which extends beyond one hundred twenty (120) days shall be reported to AFSCME for review of impact on bargaining unit employees. The Agency will meet with AFSCME upon request.Article Vacations

Non-Bargaining Unit Employees. ‌ The City recognizes that Appendix A (Bargaining Unit Classifications) represents positions assigned exclusively to this bargaining unit. The City will agree that full-time equivalent (FTE) positions that are in the bargaining unit may not be underfilled by a Municipal Worker (MW) unless otherwise provided in this section. Situations where seasonal, temporary or emergency work is required to supplement the agency workload, seasonal employees or MW's ’s may be used to perform said work. MW's ’s can only be used to perform unskilled duties as identified by Civil Service Rules, or where identified by Memorandum of Understanding with the Union. It is recognized that MW's ’s have been used to fill in for skilled entry level clerical duties. It is agreed that, recognizing the need to complete work, MW's ’s cannot be used to temporarily underfill in an entry level clerical position longer than thirty (30) days; if an examination is required, the time is extended until three (3) weeks after posting of the eligibility list. MW's ’s may not exceed fifteen hundred sixty (1560) hours. When a MW reaches the 1560 hour limit within a twelve (12} ) month period, unless otherwise mutually agreed to by the Agency and AFSCME, such employee must either be laid off or hired by the Agency as a full-time employee. If a MW is laid off within a twelve (12} ) month period because he reached the 1560 hour limit, he/she shall not be re-hired as an MW until after the anniversary date of his/her first hire. If an Agency re-hires an MW who has reached the 1560 hour limit before the expiration of the twelve (12} ) month period, the MW shall be hired as an unskilled full- full-time employee within two (2) pay periods of the date of re-hire. For the purposes of this Article, "12 month period" begins on the date of the MW's first hire. If an Agency is currently using or perceives a need to use MW's in a manner other than specified in this Article, the Agency must open discussion with AFSCME and present the reasons. If AFSCME and the Agency cannot reach agreement regarding the body of work, the work will be suspended until a mutual agreement is obtained, unless the Division or Department Head declares an emergency and has offered any higher-paying work to bargaining unit members prior to assigning work to MWs. The parties will continue to meet to reach mutual agreement with recognition that the Union can grieve the matter if mutual agreement is not reached. The City will notify AFSCME every 120 days of the name, nature of work, location and hours worked by MW's in all Agencies. No temporary, seasonal or MW's will perform work that is normally performed by the bargaining unit where such replacement will cause loss of a job or loss of scheduled or callout overtime opportunities, or where overtime is an extension of the bargaining unit employees' normal shift, except as provided in this Article. AFSCME acknowledges that the City may, from time to time, use contract employees to supplement work on a temporary, as needed basis. The City agrees, work normally performed by employees in the bargaining unit covered classifications shall not be contracted or subcontracted temporarily unless there are insufficient employees within the Agency to perform the necessary work, or bargaining unit covered employees do not have the skill, ability, technical knowledge, or necessary tools and equipment to perform such work. The City agrees any temporary contracting or subcontracting shall not result in layoff, reduction in pay or position of bargaining unit covered employees, the circumventing of any provision of this Agreement or depleting the bargaining unit. Temporarily contracted work normally performed by employees in the bargaining unit which extends beyond one hundred twenty (120) days shall be reported to AFSCME for review of impact on bargaining unit employees. The Agency will meet with AFSCME upon request.two