The Bargaining Agreement between the City of Sparks and the Operating Engineers, Local 3, Supervisory Unit expired on June 30, 2015. The City and the Bargaining Unit participated in active negotiations beginning in early 2015, and reached a tentative agreement. Both the City Negotiating Team and the Bargaining Unit have approved this agreement, and the Bargaining Unit has affirmatively ratified the agreement.

The Union may select one Employee for each location where Employees covered by this Agreement normally work.  All members of the Union members and/or negotiation committee will be required to use leave time or unpaid status for all union business.  This will include but not be limited to the board meetings, general meetings, or training.

Employees and Union representatives will obtain Department Head or regular designee approval for all absences from duty assignments to conduct union activities, which approval shall not be unreasonably withheld.  This language is to memorialize and not alter the past practice of the parties.  All members of the Union will be required to use leave time or unpaid status for all union business.

Article M:  HOURS OF WORK

BREAKS - Except during emergency situations, Employees covered by this Agreement shall be permitted one fifteen (15) minute break or rest period for each four (4) hour term of assigned duty. . Breaks may not be combined, nor taken during the first or last hour of the shift without the approval of the Department Head.  Employees shall be permitted an additional fifteen (15) minute break for each additional four (4) hour period in addition to any regular shift.

Meal Periods. Employees will have one (1) of three (3) meal period assignments, as determined by the Supervisor:

A ‘straight shift’ where employees do not take a lunch period (or): A lunch period of up to one (1) hour unpaid lunch period: Operations employees of TMWRF will be paid for a half hour lunch period.

SECTION 2:  PAY RATES

Article A:  PAY RATES AND RESOLUTIONS

1. The pay rates set forth in Appendix A are base pay rates for full-time service in the classified positions.  No Employee shall be paid at a rate above the maximum or below the minimum in the range to which the classified position is assigned.

1. Effective the first full pay period following July 1, 2015, base pay rates and individual employee pay rates will be increased three percent (3.0%) over the base rates in effect prior to this agreement.

2. Effective the first full pay period following July 1, 2016, base pay rates and individual employee pay rates will be increased three percent (3.0%) above base pay rates in effect June 30, 2016.

Upon movement from a  level I to a level II within a position, the Employee shall receive a five percent (5%)  salary increase in addition to any merit increase that may be granted on the same date.  Upon such movement, the employee will maintain an annual performance review schedule and the employee is not put on a probationary status.

Article B:  PAY INCREASES

PROMOTIONAL PROBATIONARY PERIOD: The employee will be placed on a ‘promoted’ probation, and upon successful completion, may be eligible for a merit increase.

Article C:  OVERTIME

OVERTIME ASSIGNMENT

Overtime shall be assigned on a rotation basis within a division, starting with the most senior Employee in the unit.

Article I:  CLOTHING AND PERSONAL ITEM ALLOWANCE

Protective Safety Footwear Allowance - The City agrees to pay two hundred seventy five dollars ($300.00) annually toward the purchase of steel-toed boots worn by Public Works. Employees.

SECTION 3:  BENEFITS

Article A:  GROUP HEALTH AND LIFE INSURANCE

ELIGIBILITY:  All Employees, are eligible for group health insurance and may enroll in the City’s group health  plan on the first of the month following hire; provided, however, such Employee is not excluded from enrollment by conditions of the Group Health Plan Document.

Group Health Care Committee: The purpose of this Committee is to discuss cost containment measures and to recommend to the City Council any benefit changes to the City's self-insured Group Health and Life insurance plan.

The Committee shall be comprised of one (1) voting members and one alternate member from each of the following represented groups:

Operating Engineers (OE3)

Sparks Police Protective Association (SPPA)

International Association of Firefighters (IAFF)

The Committee shall also be comprised of one non-voting member and one alternate member from each of the following represented and non-represented groups to provide input to voting members:

Operating Engineers Supervisory Unit

Confidential

Management Professional/Appointed

Classified Chief Officers

One (1) retired employee and alternate will serve to provide input on the effect of any changes upon retirees.

The Committee Chairperson and Vice-chairperson will be appointed by the City Manager and will not have a vote on the Committee.

Article B:  HEALTH INSURANCE UPON RETIREMENT

Sick Leave Cash Out Provision

As an alternative to Sick Leave Conversion, employees, upon retirement, may elect a cash out of this benefit, as follows.

      Years of Service                                  Cash Out Percentage

               10                                                                       10%

               15                                                                       15%

               20                                                                       65%

               21                                                                       75%

               22                                                                       85%

               23                                                                       90%

               24                                                                       95%

               25 years or more                                             100%

If the account is valued at less than $15,000, and cash out elected, full amount will be paid upon termination of employment,

Employee may elect an annual payment of conversion dollars

• In annual payments that provide equal payout over time
• Maximum annual payment will not exceed $25,000
• Once election is made, it may not be changed
• Upon death of the employee, payments cease

If the cash out option is selected, the employee opts out of the City Health Insurance plan for themselves and dependents.  Employee may return per NRS, and pays full cost of health coverage and annual payments continue as employee elects above.

Article D:   TUITION REIMBURSEMENT

Upon proof of course completion with either a grade of ‘C’ or better or a certificate of completion for pass/fail courses, the City shall pay 100% of tuition, lab fees, required textbooks, and ancillary written course materials, not to exceed one thousand five hundred dollars ($1,500) per fiscal year for job related courses which are approved in writing in advance by the Department Head and Human Resources Manager.  Reimbursement subject to all courses being approved, as determined by the appropriate Department Head or designee and Human Resources.

Adding New Article E

Article E:  MATCHING DEFERRED COMPENSATION

Each employee that is an active participant and contributes a minimum of twenty five  dollars ($25.00) per pay period to a City approved Deferred Compensation program, will have their contributions matched by the City, not to exceed twenty five ($25.00) dollars per pay period, capped at the Internal Revenue Service (IRS) capped amount.  If an employee does not have a City authorized Deferred Compensation account the City will not be required to provide any matching monies.

SECTION 4:  LEAVE BENEFITS

Article A:  HOLIDAYS AND HOLIDAY PAY

If the holiday falls on a scheduled workday and the employee takes the day off, the employee will be compensated at straight time (paid holiday) for their normal scheduled hours. The normal scheduled work hours is determined by the shift at the beginning of the pay period.  This time counts toward the overtime calculation for the FLSA period.

Holiday hours will be associated with the day the shift begins. For example, if an employee comes to work 10:00pm on January 1^st and works until 8:00am on January 2^nd, that employee would receive the holiday premium for ten hours worked.

If an employee is on a flexible work schedule, with prior notice the Supervisor may change the employees work schedule to accommodate business needs the week of the holiday.

HOLIDAY ON DAY OFF - Holidays occurring during an Employee's annual leave period shall not be counted as annual leave; however, the Employee shall be compensated at straight time.  Where one of the authorized holidays falls on the first day of a covered Employee's scheduled days off, the preceding day shall be observed as a holiday, and where one of these holidays falls on the second or succeeding days of consecutive scheduled days off, the next succeeding work day shall be observed as a holiday.

WORKED HOLIDAY - If an Employee is required to work on a day observed as a holiday, the Employee shall be compensated at two and one-half (2 1/2) times his or her regular hourly rate for the actual hours worked, in cash or compensatory time off.

Article B:  ANNUAL LEAVE

Annual Leave Conversion: Once per fiscal year, an employee may elect to cash out annual leave in the amount of forty (40) hours.  The employee must have a minimum of one hundred sixty (160) hours to utilize this benefit.

1. The Council may choose to approve the proposed bargaining agreement as outlined by staff. 2. The Council may choose not to approve the proposed bargaining agreement as outlined by staff. 3. The Council may choose not to approve the proposed bargaining agreement as outlined by staff and direct staff toward another alternative.

I move to approve the bargaining agreement  (AC-5184) between the City of Sparks and the Operating Engineers Local 3 Supervisory Unit, for the contract period of July 1, 2015 through June 30, 2017.