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AGREEMENT
between
THE CITY OF MUSKEGON, MICHIGAN
A HOME RULE CITY
and
LOCAL # 517M
UNIT 2
SERVICE EMPLOYEES INTERNATIONAL UNION
January 1, 2026 through June 30, 2029
**********
TABLE OF CONTENTS
Page No.
SECTION 1 PURPOSE 1
SECTION 2 DEFINITIONS 1
SECTION 3 RECOGNITION 1
SECTION 4 UNION SECURITY 2
SECTION 5 DEDUCTION OF DUES 3
SECTION 6 MAINTENANCE OF DUES 3
SECTION 7 MANAGEMENT RIGHTS 3
SECTION 8 REPRESENTATION 4
SECTION 9 GRIEVANCE PROCEDURE 6
SECTION 10 TIME LIMITS 7
SECTION 11 ARBITRATION AS TERMINAL POINT OF
GRIEVANCE PROCEDURE 8
SECTION 12 SENIORITY 8
SECTION 13 TEMPORARY SEASONAL EMPLOYEES 10
SECTION 14 LAYOFF AND RECALLS 11
SECTION 15 VACANCIES AND JOB OPENINGS 13
SECTION 16 INTENTIONALLY OMITTED 14
SECTION 17 PROMOTIONS 14
SECTION 18 WORKING HOURS COVERING STANDARD OPERATIONS 15
SECTION 19 OVERTIME AND HOLIDAY PAY 16
SECTION 20 HOURS OF WORK COVERING NECESSARY
SEVEN-DAY CONTINUOUS OPERATIONS 18
SECTION 21 MEAL PERIODS 19
SECTION 22 REST PERIODS 20
SECTION 23 VACATIONS 20
SECTION 24 SICK LEAVE 23
SECTION 25 LEGAL HOLIDAYS TO BE OBSERVED WITH PAY 28
SECTION 26 PERSONAL LEAVE DAY 29
SECTION 27 BEREAVEMENT LEAVE 30
SECTION 28 MILITARY LEAVES 31
SECTION 29 MATERNITY LEAVE 32
SECTION 30 UNPAID LEAVES OF ABSENCE 32
SECTION 31 JURY DUTY 32
SECTION 32 HEALTH AND WELFARE 33
SECTION 33 MEDICAL 35
SECTION 34 INSURANCE 35
SECTION 35 LONGEVITY PAY PLAN - RULES AND REGULATIONS 37
SECTION 36 WAGE AND SALARY AGREEMENT 38
SECTION 37 GENERAL 40
SECTION 38 SUPERVISION WORKING 40
SECTION 39 STATE OF EMERGENCY 41
SECTION 40 SEPARABILITY 41
SECTION 41 VALIDITY 41
SECTION 42 MAINTENANCE OF CONDITIONS 42
SECTION 43 NO STRIKE - NO LOCK-OUT 42
SECTION 44 NON-DISCRIMINATION AND EQUAL EMPLOYMENT
OPPORTUNITY - AFFIRMATIVE ACTION 43
SECTION 45 RESIDENCY 43
SECTION 46 JOB CLASSIFICATIONS AND JOB DESCRIPTIONS 43
SECTION 47 CONTRACTING OUT WORK 44
SECTION 48 DRIVERS LICENSE 45
SECTION 549 CALL-IN PROCEDURE 46
SECTION 50 COMMERCIAL DRIVERS LICENSE 46
SECTION 51 DEFINED BENEFIT RETIREMENT PLAN 47
SECTION 52 DEFINED CONTRIBUTION RETIREMENT PLAN 49
SECTION 53 DRUG TESTING 50
SECTION 54 DEFERRED COMPENSATIONC ACCOUNT 50
SECTION 55 BEACH PARKING PASSES 51
SECTION 56 DURATION 51
SECTION 57 EMERGENCY MANAGER 51
SIGNATURES 52
* * * * *
APPENDIX A - Wage Scale Effective January 1, 2026
APPENDIX B - Disciplinary Procedure
APPENDIX C - Water and Master Automotive Service Excellence
(ASE) Licenses
APPENDIX D - Drug and Alcohol Use and Abuse Policy
APPENDIX E - Driving Record Requirements
APPENDIX F - Letter of Understanding Regarding Failure to
Notify
APPENDIX G - 24 Hour Call-In Procedure
THIS AGREEMENT, effective this 1st day of January, 2026, A.D.,
by and between the City of Muskegon, a Michigan Home Rule City,
hereinafter designated as the "Employer", and Local 517M, Unit 2
of the Public Employee's Union of Southwestern Michigan,
hereinafter referred to as the "Union", under the provisions of
the Public Employee Relations Act, 336 of the Public Acts of
1947, as amended, WITNESSETH:
SECTION 1 - PURPOSE
It is the purpose and intent of the parties to this Agreement
that its results shall promote mutual cooperation and further
the welfare of the City of Muskegon and its employees; insure a
spirit of confidence and cooperation between the Employer and
its agents and employees; set forth the general policy of the
Employer on personnel matters and procedure; establish uniform
and equitable rates of pay and hours of work; provide for a
disposition of grievances and to improve the efficiency of
municipal services and assure the greatest return for tax
dollars.
SECTION 2 - DEFINITIONS
2.1 The term "employee" as used in this Agreement shall mean
any employee who is eligible for membership in the Union within
the Bargaining Unit as described in Section 3 of the Agreement.
The term "employer" as used in this Agreement shall mean the
City of Muskegon as the public employer and its duly authorized
officers and/or agents.
2.2 The term "management" as used in this Agreement shall mean
the duly authorized officials and supervisors of the public
employer.
SECTION 3 - RECOGNITION
Employer recognizes the Union as the exclusive bargaining
representative and agent with respect to rates of pay, wages or
salaries, hours of work and other terms and conditions of
employment for permanently-appointed, part-time and seasonal
employees listed in Appendix A, excluding all clerical,
confidential, supervisory, and managerial personnel.
If Employer elects to re-fill the positions of Mall Maintenance,
Sanitation Operator or Highway Maintenance Worker, they shall be
represented by this Unit.
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SECTION 4 - UNION SECURITY
4.1 Upon receipt of a written authorization from an employee,
and to the extent permitted by law, the employer will deduct
from the employee’s wages an amount equal to monthly union
membership dues which shall be deducted in a fixed amount twice
per month, regardless of the employee’s membership status, and
remitted to the Union. Once authorized, payroll check-off shall
be irrevocable for a period of one year and automatically
renewed each year thereafter, except that authorization may be
withdrawn by sending a written notice to the Union by registered
mail during the period of ten (10) days immediately prior to the
annual anniversary date of the contract (Dec. 16th through Dec.
31).
The employer agrees to provide this service without charge to
the union.
4.2 For the purpose of this Agreement, the term "dues" shall
mean all regular monthly dues, assessments, and fines.
4.3 The Union shall furnish check-off forms to Employer. At
the time of hiring new employees, Employer shall furnish the
check-off forms to the new employees and Employer shall notify
the Union of the hiring. Thirty (30) days after date of hire,
Employer will notify the Union of those new employees who have
executed check-off forms.
4.4 The Union Security clauses in this Agreement are only
conditioned by current and future State Labor laws and legal
interpretations thereof.
4.5 Union agrees to indemnify and hold the Employer harmless
against any and all claims, demands, suits, or other forms of
liability including, but not limited to, wages, damages, awards,
fines, court costs, attorney fees and unemployment compensation
cost that arise out of or by reason of action taken by the
Employer.
4.6 No later than 30 days after the hiring of a new employee,
the employer shall provide the employment and contact
information of the employee to SEIU Local 517M. Every 90 days,
the employer shall provide, in Excel format, to SEIU Local 517M
the employment and contact information of the employees
represented by SEIU Local 517M.
The employment and contact information provided must include all
of the following for each employee:
(A) First, middle, and last name.
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(B) Department or agency.
(C) Classification (as it appears in the Collective
Bargaining Agreement).
(D) Address of primary work location.
(E) Home address.
(F) Personal phone number.
(G) Personal email address.
(H) Work email address.
(I) Date of hire.
(J) Employee identification number, if applicable.
(K) Full-time or part-time employment status.
(L) Wage (hourly and annual).
SECTION 5 - DEDUCTION OF DUES
Employees may, in writing on forms provided, direct Employer to
deduct from their wages twice each month the amount of their
union dues to the Union. Employer agrees to comply with such
written authorization received by Employer’s Finance Director
from the employee for the personal payroll deduction or
membership dues, or their equivalent. Said deductions shall be
withheld from the two payroll periods in each month and
delivered by lump-sum payment to the Secretary/Treasurer
designated by the Union. Such sum is to be delivered to the
Union within five (5) days of deduction along with a complete
dues-deduction list.
SECTION 6 - MAINTENANCE OF DUES
The written authorization of the employee for the deduction of
dues shall remain in full force and effect until revoked by him
by written notice, signed by the employee and received by the
Employer and the Union, not more than sixty (60) days and not
less than thirty (30) days before any anniversary or termination
date of this collective bargaining Agreement.
SECTION 7 - MANAGEMENT RIGHTS
7.1 The Union recognizes the sole and exclusive prerogative of
Employer to operate and manage its affairs in all respects in
accordance with its public trust and interest, and further
recognizes that the powers and authority which Employer has not
officially and specifically abridged, delegated, or modified by
this Agreement are retained by Employer.
7.2 This Agreement is not intended to be, nor shall be,
restrictive of or a waiver of the rights of management not
officially and specifically abridged, delegated, or modified
herein.
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7.3 It is further understood that management shall have the
right to make such reasonable rules and regulations not
inconsistent with the terms of this Agreement as it may from
time to time deem necessary for the purpose of maintaining
discipline, order, and efficient operations and service to the
community.
7.4 The reasonableness of any new rule with respect to the
general conduct of employees which would involve warnings,
disciplinary layoffs, or discharges may be questioned through
the grievance procedure as set forth in this Agreement.
7.5 Nothing in this Agreement shall limit Employer’s management
functions, under which it shall have, among others, the right to
discipline, suspend, or discharge for just cause; to determine
the qualifications of employees, to observe and evaluate an
employee's job performance and to apply disciplinary action to
ensure a full day's work for a fair day's wages.
SECTION 8 – REPRESENTATION
8.1 All employees who are covered by this Agreement shall be
represented for the purpose of grievances and contract
negotiations by the Union. The Union has the right to be
present at all discussions of a grievance and contract
negotiations. Any adjustments in a grievance must be consistent
with the terms of this Agreement.
8.2 The Union officers shall be Chairman, Vice Chairman,
Committee Person, Chief Steward, Steward, and Alternate Steward.
8.3 Duties of Union officers (in relation to the Employer):
CHAIRMAN: It shall be the duty of the Unit's Chairman to
preside at all meetings between the employer and the Union
whenever possible.
VICE CHAIRMAN: It shall be the duty of the Unit's Vice
Chairman to preside at all meetings between the Employer and the
Union when the Chairman cannot attend such meeting.
COMMITTEE PERSON: It shall be the duty of the Committee
Person to attend all negotiations involving the institution of a
new Union/Employer Contract, and to assist and/or substitute as
a Steward when one is not available, or when a representative is
needed by a Steward.
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STEWARD: It shall be the duty of the Steward to
investigate and represent employees at the first two steps of
the grievance procedure.
CHIEF STEWARD: It shall be the duty of the Chief Steward
to investigate and represent a grievant from the third (3rd)
step of the grievance procedure through Arbitration.
ALTERNATE STEWARD: It shall be the duty of the Alternate
Steward to fill in for the regular Steward, when the regular
Steward is not available.
8.4 Executive officers of the International and/or Local Union
and/or their representatives, duly authorized to represent the
Union, and/or the President of the Local Union, if not employed
by Employer, will be permitted to participate in any discussions
relative to hours, wages and working conditions at any time.
When a Union representative visits the work site, the Employer,
if available, will be notified.
8.5 Any Employee, prior to conducting Union business, during
working hours, shall supply in writing, a fully executed
"Request To Conduct Union Business" form to the employee's
immediate supervisor, on a form to be provided by Employer.
8.6 The names of the union officers shall be given in writing
to the Employer. No union officer shall function as such until
the Employer has been advised of their selection, in writing by
any International, Local or Unit official. Any changes in union
officers will be reported to the Employer in writing as far in
advance as possible.
8.7 Any union officer employed by Employer having an individual
grievance in connection with their own work may ask for a member
of the bargaining committee to assist him in adjusting the
grievance.
8.8 Union officers who are employees of Employer shall be paid
by Employer for the time spent during regular working hours in
the processing of grievances and for negotiations directly
related to administration of this Agreement conducted during
regular working hours. Compensation shall be at the employee's
regular straight-time rates of pay and shall cease at the end of
the employees' regular scheduled working hours of any day of an
assigned shift. The employees shall furnish a daily record of
negotiating or grievance processing to the employees supervisor.
8.9 Union representation, excluding executive officers of the
International, shall be as follows:
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1st & 2nd step of grievance Grievant plus 2 Union officers
3rd step of grievance Grievant plus 2 Union officers
4th step of grievance Grievant plus 2 Union officers
Arbitration Grievant, all necessary
witnesses plus 2 union officers
Bargaining 5 Union officers.
SECTION 9 - GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation of a specific
section or paragraph of this Agreement. If any such grievance
arises, there shall be no stoppage or suspension of work because
of such grievance; but such grievance shall be submitted to the
following grievance procedure:
Step 1 - Within ten (10) working days after the date of an
alleged occurrence of a grievance, the aggrieved employee will
take the matter up with their immediate supervisor. The
employee may request the presence of the steward or
committeeperson of their department at that time. The
supervisor shall send for such steward without undue delay and
without further discussion. The supervisor shall give an oral
answer to the employee within the following three (3) working
days. The meeting between the supervisor and the aggrieved
employee shall begin at the start of the last hour of the
workday.
Step 2 - If the matter is not settled at Step l, the Union may
submit, within the three (3) work days following the oral
answer, a written and signed "Statement of Grievance" to the
Department Head. The "Statement of Grievance" shall name the
employee involved, shall state the facts giving rise to the
grievance, shall identify all the provisions of this Agreement
alleged to be violated by reference, shall state the contention
of the employees and of the Union with respect to these
provisions, indicate the relief requested, and be signed by the
grievant and an authorized Union representative. Within three
(3) working days following next after the personal receipt of
the Statement of Grievance, the Department Head shall submit a
written answer to the employee and to the Union upon the
grievance form or attached thereto. If the matter is settled at
Step 2, the employee shall sign the grievance stating that
result.
Step 3 - If the matter is not settled at Step 2, the Union may
appeal the matter, within three (3) working days next following
the submission of the written answer, to the Division Head; who
shall either (a) issue a written disposition within three (3)
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working days next following personal receipt of the written
appeal, or (b) within the same period of time, initiate and hold
a meeting with all parties involved in the dispute to date and
the Division Head. The Division Head shall submit a written
disposition of the matter within two (2) working days following
the conclusion of the meeting. If the matter is settled at Step
3, the Union shall sign, stating that result.
If the "supervisor" in Step 1 is the same person as the
"Department Head" in Step 2, Step 2 may be skipped and the
matter may proceed immediately to Step 3.
Step 4 - If the matter is not settled at Step 3, the Union may
submit a notice of appeal and the grievance to the City Manager
or designee within forty-eight (48) hours next following
submission of the written disposition. Upon request by either
party, a meeting shall be held, if possible, within five (5)
working days next following personal receipt of the notice of
appeal. The City Manager or designee shall issue a written
disposition within ten (10) working days next following
conclusion of the meeting.
Employer shall have the right to notify the Unit Chairman of the
alleged violations of the Agreement or conduct on the part of
Bargaining Unit employees which is inconsistent with the terms
of this Agreement which would result in a conflict with the
purpose and intent of Section 1 of this Agreement. The Unit
Chairman shall transmit the appropriate response or disposition
of the Union of the matter to the Employer within ten (10)
working days of receipt of the said notice of Employer.
SECTION 10 - TIME LIMITS
10.1 Time limits may be extended by management and the Union in
writing; then the new date shall prevail. Any grievance not
advanced to the next step within the time limit within that step
by the employee or the Union shall be deemed abandoned and not
subject to further appeal.
10.2 Any disposition of an appeal step which is not issued
within the time limits specified shall result in a forfeiture of
further management disposition on the matter.
10.3 The relief requested in the grievance shall take effect
upon confirmation that the time limits provided for disposition
by management in the above grievance procedure have been
exceeded.
10.4 Mediation may be initiated by either party at the Step 4
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conferences of the Grievance Procedure. In the event mediation
is utilized, the time limits for arbitration shall commence upon
the date of termination of the mediation procedure. All notices
of intent to mediate or arbitrate shall be in writing. The
maximum number of days for proper notice in either case shall be
ten (10) calendar days. (Amends Sec. 11 also) In case of
grievance involving discharge from employment for cause,
mediation shall require mutual agreement.
SECTION 11 - ARBITRATION AS TERMINAL POINT OF
GRIEVANCE PROCEDURE
11.1 If the grievance is not adjusted by any of the above steps,
the Union may within ten (10) calendar days after receipt of the
written answer from the City Manager or designee, give notice of
its intent to submit the grievance to arbitration. The parties
shall then obtain a panel of five (5) names from the Michigan
Employment Relations Commission. The Arbitrator shall then be
selected in accordance with the rules and regulations of the
Michigan Employment Relations Commission. The Arbitrator may
determine the effective date for their disposition of a
grievance, shall have full authority in any way the facts
justify to alter or change discipline or discharge penalties
imposed by management. The Arbitrator shall have jurisdiction
and authority only to interpret, apply and determine compliance
with this Agreement, and shall not add to, detract from, or
alter in any way its provisions. The Arbitrator's decision
shall be final and binding on both parties. The fees and
expenses of the Arbitrator, and cost of place of such hearing as
is selected for the hearing by mutual agreement of the parties,
will be equally divided between the Employer and the Union. The
parties shall bear individually the costs of presenting their
respective case in arbitration.
11.2 Arbitration shall not be available as a remedy for disputes
arising from contract negotiations or matters of maintenance of
conditions arising under Section 42 of this Agreement.
11.3 Arbitration shall not be available as a remedy for disputes
arising with regard to employee performance evaluation. Such
disputes may proceed through the grievance procedure to Step 4,
the City Manager's step, but shall not proceed to arbitration.
SECTION 12 - SENIORITY
12.1 Hourly rated and salaried employees, excluding seasonals,
shall serve a six (6) calendar months' probationary period.
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12.2 There shall be no responsibility for the re-employment of
probationary employees if they are laid off or discharged during
this period. Discharges of probationary employees shall not be
subject to the grievance procedure.
12.3 Bargaining unit seniority is an employee's length of
accumulated time in Unit 2, Local 517M since the day and year of
the employee's last day of hiring, less such time as seniority
does not accrue during the employee's absence as provided in
this agreement and less time lost due to layoff. Classification
seniority shall be the amount of accumulated service within a
classification; departmental seniority shall be the amount of
accumulated service within a department. City wide seniority is
defined as the length of uninterrupted employment with the
Employer since the day and year of employee's last date of
hiring, less such time as seniority does not accrue during the
employee's absence as provided in this Agreement, and less time
lost due to layoff.
12.4 An employee shall lose their seniority rights under the
following conditions:
A. If they resign or are discharged for just cause or
retires.
B. If they are absent for three (3) working days without
notice to the head of their department, or fails to report for
three (3) working days after expiration of a leave of absence
without notice to the head of the department; providing no
reasonable excuse has been submitted to the Employer for the
failure to adhere to the above stipulation.
C. After a layoff, failure to report to the former job in
a department where the employee's seniority status prevails
within three (3) working days after receipt of notice from
Employer addressed to the employee's last known address
instructing him to report for work, or failure within three (3)
working days after such notice to notify Employer of
satisfactory reasons.
D. After six (6) consecutive months' layoff for employees
having less than one (1) year seniority as of the date of
layoff; after twelve (12) consecutive months' layoff for
employees having (1) year, but less than three (3) years,
seniority as of the date of layoff.
After eighteen (18) consecutive months' layoff for
employees having three (3) years, but less than five (5) years,
seniority as of the date of layoff, and after twenty-four (24)
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consecutive months' layoff for employees having five (5) or more
years seniority as of the date of layoff.
12.5 The Unit will receive a quarterly list of personnel
changes.
12.6 Employees hired or promoted into a position which requires
licensing or certification, with the exception of positions
requiring valid Michigan motor vehicle operator's licenses,
shall complete a probationary period as specified above. In
addition, the employee shall complete the certification or
licensing requirements within the time period set by the
licensing agency. Failure to obtain certification or license
within the time period specified by the licensing agency shall
result in the employee being returned to the previous position
the employee had. If the employee is a new hire, the employee
shall be laid off without the opportunity to exercise bumping
rights. If the employee promoted into the position, the
employee must be returned to the position, or an equivalent
position from which the employee promoted, notwithstanding other
contractual language concerning lay-off, bumping, and recall.
SECTION 13 – TEMPORARY SEASONAL EMPLOYEES
Temporary Seasonal Employees shall be those individuals hired
through a temporary employment agency to perform the functions
of seasonal beach maintenance worker, seasonal parks maintenance
worker, and seasonal laborer. As to those individuals, the
following applies.
13.1 Management shall have the right to use temporary seasonal
employees in any department.
13.2 The work schedules shall be established by management.
13.3 Temporary seasonal employees shall not be employed to
displace permanent employees, shall not replace permanent
employees laid off from their positions, or hired for the
purpose of eliminating a permanent position.
13.4 The duties of a Temporary seasonal employee. Those provided
in the job descriptions of seasonal beach maintenance worker,
seasonal parks maintenance worker, and seasonal laborer.
13.5 The City of Muskegon may use qualified temporary employees
for functions/positions previously not allowed to a maximum of
three (3) positions total (City-wide) from December 1st to March
1st. Employer retirees or laid-off employees will receive
preference for these three (3) positions as long as they are
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qualified. These positions can only be utilized if regular
Union employees are not available or after regular Union
employees are called for overtime purposes, which calls will be
limited to employees within the department that the work occurs.
These positions may not be utilized if there are Union employees
laid-off in that department. Section 13.4 shall not apply to
these three positions.
13.6 Temporary seasonal employees will not be supervised by
employees of this bargaining unit.
SECTION 14 - LAYOFF AND RECALLS
14.1 Layoff. The employer has the right to lay off within a
classification and/or department. Layoffs will be based, in
order of seniority on the following:
A. bargaining unit seniority
B. classification seniority
C. departmental seniority
D. city wide seniority
(as defined in Section 12.3)
The employer will give full time permanent employees ten (10)
calendar days’ notice of layoffs and seasonal employees shall
receive three (3) calendar days’ notice of layoff.
14.2 Upon layoff the following procedures shall apply:
A. Probationary employees will be laid off first from the
classification(s) to be reduced within a department.
B. If there are not enough probationary employees in the
classifications affected, then employees with the least
seniority in the classification(s) will be laid off.
C. Permanent full-time employees laid off from their
permanent classification who exercise their bargaining unit
seniority to displace the least senior employee in the same,
lateral or lower classification must notify the employer of
their intent to bump within three (3) working days after layoff.
D. Permanent full-time employees laid off from their
permanent classification and who elect to follow the bumping
procedure to exercise their bargaining unit seniority rights
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must accept employment in the new position within six (6)
working days of layoff.
There will be no break in seniority under the aforesaid
provision.
E. Employees who have bumped a less senior employee (as
described in C. above) must possess the ability to do the work
required. A decision on the ability of the employee to do the
work shall be made by the Management not less than fifteen (15)
days nor more than six (6) months after the bump is effective.
The employee shall be notified of such decision in writing.
However, if an employee claims a job in a classification where
they were previously qualified, the employee must have all
contractual requirements, e.g., CDL licenses, on the date of
employment, and satisfy all other requirements at the sooner of
six (6) months or the next available test date, but no later
than one year from appointment.
F. Any employee laid off from their permanent
classification who has exercised bargaining unit seniority to
bump into a same, lateral, or lower classification and is
subsequently laid off and elects to exercise bargaining unit
seniority will do so based on their permanent classification.
G. The employer will not use any employee in a
classification in which they are not classified if another
employee is laid off therefrom, except in case of emergency.
H. Employees who exercise their seniority under this
section will be paid at the same rate in a lateral assignment or
at the highest rate paid for a lower classified assignment.
14.3 Recall. In order to facilitate the recall procedure,
recalls will be in inverse order of layoff, and the following
will apply:
A. The employer will notify the employee of recall,
however, it is the employee's responsibility to notify the
employer of their intention to return to work and the date which
they will report. The employee will have three (3) working days
from the notice of recall to contact and to notify the employer
accordingly.
B. When employees are recalled, they will be returned to
their permanent classifications in order of their bargaining
unit seniority with the high senior employees who hold the
permanent classification recalled first, and before any other
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employee with less bargaining unit seniority is recalled or
returned to that permanent classification.
C. Employees recalled to their permanent classifications
must return to their permanent classifications (as described
in A. of this section) or they will be deemed to have terminated
their employment voluntarily.
D. Employees who have elected not to exercise their
bargaining unit seniority after having been laid off and who
have not been recalled to their permanent classifications must
return to open classifications in a lateral or lower
classification provided that:
(1) There is an employee with higher bargaining unit
seniority working in the laid off employee's permanent
classification.
(2) If, during recall, an employee refuses to accept
the available lateral or lower classifications they will be
deemed to have terminated their employment voluntarily.
SECTION 15 - VACANCIES AND JOB OPENINGS
15.1 All employees shall be given equal opportunity to
familiarize and train for promotion. In recognition whereof the
parties to this Agreement do hereby agree that the job
description, as contained in the Employer’s classification plan
of the duties enumerated in the plan, of a higher classified
position, shall not constitute "working out of classification"
unless such assignment be made repetitively so as to equal the
equivalent of one employee being assigned to 50% or more of the
exclusive-enumerated duties of the higher classification over a
period of time defined as in excess of sixty (60) consecutive
calendar days. The word "days" shall be defined as any part of
the scheduled work day.
15.2 Management and the Union have mutually determined that it
is the employee's responsibility to request training through the
supervisor. Management will accommodate the request as much as
possible through work assignments or through advance notice of a
training program, whenever practical.
15.3 Should it become necessary to fill a vacancy in a
classified position of the Employer’s service or to add to
authorized manpower, the Union agrees all opportunities for
transfers and promotions as provided by this Agreement shall be
made available through promotional examination, but that
concurrently said opportunities shall be made available through
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open advertisement and general examinations for the
establishment of an eligible list, so as to avoid unnecessary
delay in filling the position should eligible employees fail to
meet the requirements of the position or refuse promotion.
15.4 If a vacancy is of an emergency nature, management may
designate an emergency substitute not to exceed thirty (30)
calendar days.
15.5 Any employee upon request, who works forty (40) hours and
five (5) consecutive working days in a higher classification,
shall be paid the rate of the higher classification for such
forty (40) or more hours of consecutive working days. The
employee shall be paid in accordance with the rate of pay in the
higher classification which is next higher than their own
present rate of pay in their own present classification.
15.6 No employee shall be reallocated to a higher permanent
position or higher rate of pay because of temporary assignment.
15.7 No employee who is a successful bidder, and is employed in
a new position, under the promotion provisions of this Agreement
shall have the right to bid on any job opening for a period of
six (6) calendar months from the date of the successful bid,
except for employees in the Laborer classification, in
recognition of the promotional intent with that classification.
15.8 All employees, regardless of classification, must apply
and follow the Civil Service process for the job posting.
SECTION 16 - INTENTIONALLY OMITTED
SECTION 17 – PROMOTIONS, DEMOTIONS, AND TRANSFERS
17.1 In all cases of promotion from one classification to
another, the following factors will be considered before
seniority governs:
A. Knowledge, training, ability, skill and efficiency
B. Physical fitness
C. Attendance Record
D. Driver’s License History
Where these four factors are relatively equal, the length of
continuous service shall govern.
Page 14
A promotion shall be defined as moving into a classification
with a higher pay range than the current classification. A
demotion shall be defined as moving into a classification with a
lower rate of pay than the current position. A transfer shall be
defined as moving into a classification with equal pay to the
current position.
17.2 Any employee filling a vacancy of a promotional nature
within the Unit for which they have not been previously
classified shall be given up to six (6) calendar months to prove
their ability. If unable to qualify, they shall be returned to
their former position, without prejudice, at the rate of pay for
such position. An employee may voluntarily return to their
former position, within 30 days of promotion, without prejudice,
at the rate of pay for such position. An employee may elect
voluntarily to return to their former position once in a
calendar year. Failure of probation shall be deemed a voluntary
return for purposes of subsequent promotions.
17.3 From the date of entering the classification, the employee
shall be paid at the minimum rate agreed upon for the
classification, and shall be subject to the six (6) calendar
months probationary period covered above; provided any employee
appointed to a job by promotion, demotion, or transfer, carrying
a lower starting rate than the rate received at the time of
appointment, shall start at the step closest to and not less
than the rate received at the time of appointment, and shall
continue to receive increases until the top for the working
classification is received, subject to the provisions of the
wage schedule adopted by virtue of this Agreement.
17.4 Any employee may exercise their prerogative to refuse
promotion or transfer without bias or loss of seniority.
SECTION 18 - WORKING HOURS COVERING STANDARD OPERATIONS
18.1 The standard work week shall consist of forty (40) hours
per week, Monday through Friday.
18.2 The standard work day shall consist of eight (8) hours per
day for first shift operations where the majority of such hours
fall between 7:00 A.M. and 5:00 P.M. Meal period allotments and
rest period breaks shall apply as they pertain in Section 21 and
22, respectively. Pay for a full shift period shall be a sum
equivalent to eight (8) times the regular hourly rate, with no
pay for the lunch period and no premium.
18.3 The standard work day for employees assigned to the second
shift shall consist of eight (8) hours where the majority of
Page 15
such hours fall between 4:00 P.M. and l2:00 Midnight. Meal
period allotments and rest period breaks shall apply as they
pertain in Sections 21 and 22, respectively. Pay for a full
second shift shall be a sum equivalent to eight (8) times the
regular hourly rate plus a ten (10%) percent shift premium.
18.4 The standard work day for employees assigned to the third
shift shall consist of eight (8) hours where the majority of
such hours fall between 12:00 Midnight and 7:30 A.M. Meal
period allotments and rest period breaks shall apply as they
pertain in Sections 21 and 22, respectively. Pay for a full
third shift shall be a sum equivalent to eight (8) times the
regular hourly rate plus a fifteen (15%) percent shift premium.
18.5 The Employee shall receive two (2) hours minimum pay for
reporting for duty on their regularly scheduled shift in the
event they are not required to work the full shift of a normal
work day in excess of the first two hours.
A. The minimum pay shall not be paid if the employee is
notified no later than one (1) hour prior to their regular
scheduled shift.
18.6 The standard workday for employees working the weekend
shift shall consist of eight (8) hours per day for first shift
operations where the majority of such hours fall between 7:00
A.M. and 5:00 P.M on a Saturday or Sunday. Meal period
allotments and rest period breaks shall apply as they pertain in
Sections 21 and 22, respectively. Pay for a full shift period
shall be a sum equivalent to eight (8) times the regular hourly
rate plus a 20% shift premium. The weekend shift premium
combines with applicable second and third shift premiums when
the assigned hours fall within the definitions provided in 18.3
and 18.4. This does not apply to seven-day continuous
operations. Weekend shifts cannot be mandated. Holidays will be
observed on the scheduled work day closest to the holiday.
SECTION 19 - OVERTIME AND HOLIDAY PAY
19.1 Employees shall receive the overtime benefits provided for
in this Agreement provided they worked their full straight-time
scheduled work-week as established in this Agreement. Paid
holidays shall be counted as time worked. Authorized time-off,
other than disciplinary time off, will be considered as time
worked for the purpose of computing overtime and fringe
benefits.
19.2 Time-and-one-half shall be paid for time worked in excess
of the employee's regularly-scheduled shift in any continuous
twenty-four-hour period subject to the exceptions for
Page 16
double-time and shift transfers provided in this Agreement. All
water filtration employees’ second day off in their rotation
shall be considered Sunday for the purpose of computing wages,
benefits and overtime.
19.3 Employees who worked the last scheduled day preceding and
the first scheduled day following a paid holiday shall receive
holiday pay, which is in an amount equal to eight times the
regular hourly rate. Said employees, if required to work on a
holiday set forth in this Agreement, shall receive the said
holiday pay and shall in addition be paid at double their hourly
rate of pay for all time worked on the holiday. No pyramiding
shall result to provide pay in excess of the holiday pay and
double time for the above designated hours worked.
19.4 Double-time shall be paid for any time worked on a Sunday.
In the case of the filtration plant, the employee’s second day
off is that employee’s “Sunday.”
19.5 Should it become necessary to make a change in the
assigned shift of the employee, they shall be given a minimum of
twenty-four hours' notice in advance by management of the
proposed reassignment. Assignment of the employee to another
shift shall not result in the payment of overtime as provided in
Section 19.1 of this Agreement, if proper twenty-four-hour
notice has been given the employee in advance of their reporting
to their newly-assigned shift. When an employee is transferred
under this Section, they shall not be compelled to report on
their newly-assigned shift with less than eight hours' rest
period between shifts. An eight-hour rest period shall be
construed to mean one complete shift as provided under Section
18. If an employee is requested to work, and desires to do so,
during the eight hours preceding their new starting time, they
shall be compensated at the rate of one-and-one-half times their
regular hourly rate during any hours worked in an eight-hour
period as prescribed above.
19.6 As the result of a shift change required by the Employer,
an employee will be reimbursed for time lost under 40 hours in a
work week.
19.7 An employee required to work unscheduled overtime shall be
paid for actual time worked. The minimum payment for unscheduled
overtime shall be three (3) hours. Any employee required to work
scheduled overtime shall be paid for actual time worked.
Scheduled overtime is defined as any time worked where the
employee is notified at work of the need to work overtime.
19.8 Overtime sign-up periods will be for one week, running from
Page 17
Friday at 7:30 am through the following Friday at 7:29 am. The
signups will be posted a minimum of 30 days before and close 1
week before the beginning of the overtime period.
19.9 When the supervisor determines there is a need for
overtime, the supervisor will ask all employees qualified and
who have signed up for overtime during that pay period to work
first, and then will ask qualified seasonals. If no one accepts
the overtime, the supervisor will assign the mandatory overtime
to anyone capable of doing the work who has signed up for
overtime during that period, provided the work is within their
job description. If the need exceeds the number of employees
who have signed up, then the supervisor will choose someone
within the department who has the lowest worked overtime hours
to perform the mandatory overtime. If two or more employees
have the same lowest worked overtime hours, then the least
senior will be assigned the mandatory overtime. Employees
failing to show for mandatory overtime as outlined above will be
considered to have failed to follow the proper directive of a
supervisor and are subject to discipline. Scheduled overtime,
which is not covered by this paragraph, will be posted as far in
advance as possible.
19.10 The first overtime list of each year (Jan.1-Dec. 31) will
be assigned out by seniority. All subsequent lists for the year
will be assigned based on hours worked. If hours worked between
employees are equal, the most seniority will be chosen first.
19.11 Notwithstanding Section 19.9, a supervisor may require a
temporary seasonal employee to work one (1) hour of overtime
before implementing Section 19.9. The temporary seasonal
employee may be required to continue working until a full or
part time regular employee relieves the temporary seasonal
employee. Within a reasonable period of time after each pay
period, City shall provide to the Unit President a copy of all
temporary seasonal employee’s hours worked in the previous pay
period.
19.12 Compensatory Time.
A. Compensatory time (“CT”) must be declared by the
employee on their time sheet within the pay period worked. No
more than 50% of the total overtime hours worked in a single day
may be declared CT.
B. Employees are allowed to earn a maximum of eighty (80)
hours of CT in a calendar year. Such time will be accrued as it
would have been paid (time and one-half or double time).
Employees shall be allowed to carry over a maximum of 20 hours
Page 18
to the next calendar year. Any time accrued over the 20 hours
will be paid out to the employee at the end of the year.
C. Any unused CT shall be paid upon an employee's
separation, retirement, or death. Payment shall be made at the
rate of pay in effect at the time of retirement, separation, or
death and included in the final paycheck.
D. The use of any CT will be determined by the
Supervisor. CT must be requested at least twenty-four (24) hours
in advance of the time requested. CT must be taken in one-hour
increments with a minimum duration of four hours.
SECTION 20 - HOURS OF WORK COVERING NECESSARY SEVEN-DAY
CONTINUOUS OPERATIONS
20.1 Employees working in necessary continuous seven-day
operations shall work eight hours on each shift less one-half
hour for meals and shall receive eight hours' pay.
20.2 Time-and-one-half shall be paid for all hours worked in
excess of eight paid hours in any one day and for all hours
worked which are not scheduled hours. All employees' schedules
shall be posted not less than one week in advance of the
beginning of the next pay period.
20.3 Effective January 1, 1995, second shift premium for
seven-day operations shall be ten (10%) percent of the regular
hourly rate, and the third-shift premium for seven-day
operations shall be fifteen (15%) percent of the regular hourly
rate.
20.4 Salaried and hourly employees working their full regular
shift in a necessary continuous seven-day operation will receive
triple (3) times their regular rate for the said hours worked on
any of the paid holidays provided in this Agreement, (accounting
for holiday pay and double time for hours worked in said regular
shift), and double time for Sundays and holidays worked when
these days fall outside the normal established schedule. Pay
pursuant to this section will not be pyramided.
20.5 As to the employees in necessary seven-day continuous
operations, if a holiday as designed by this Agreement falls on
an employee's regular day off, the employee shall be given an
additional day off. The additional day off to be taken in lieu
of the holiday under this provision shall be approved in advance
by the Supervisor of Water Filtration.
Page 19
20.6 During the months of May, June, July and August, during
each year during this Agreement, employees at the Water
Filtration Plant shall be allowed to schedule two (2) persons on
vacation at the same time with the supervisor's permission and
based on the needs of the Plant.
SECTION 21 - MEAL PERIODS
21.1 An employee shall be entitled to a half-hour unpaid meal
period after the completion of four (4) hours' work on their
regularly scheduled first shift, as provided in Section 18. An
employee assigned to the engineering or inspection departments
shall receive one (1) hour unpaid lunch break after four (4)
hours' work on their regularly scheduled first shift as provided
in Section 18. Employees scheduled for standard second and
third shift operations, and employees involved in a necessary
seven-day continuous operation will receive a paid half hour
lunch period scheduled by mutual agreement of the employee and
the supervisor.
21.2 An employee who is required to work continuously beyond a
regularly-scheduled work shift shall be entitled to a
twenty-minute paid meal period if such overtime will cause him
to work five continuous hours since the end of their period,
provided said employee is to be required to work beyond this
break. Therefore, the employee shall be entitled to a meal
period in the same manner as prescribed in the preceding
paragraph of this Section. An employee who works more than four
(4) hours of overtime shall be entitled to a second meal break,
which Employer shall schedule.
21.3 An employee called out for overtime work shall be entitled
to one-half hour paid meal period upon completion of each four
hours of continuous work, provided said employee is to be
required to work beyond the meal period.
21.4 Employees shall be entitled to a reasonable amount of paid
cleanup time prior to meal periods and at the end of the work
shift. Such time shall be established by department, and shall
be determined by available facilities and extremities of
employee assignment. Whenever practical, the time allowed will
be five minutes before lunch and ten minutes prior to quitting
time.
21.5 Employees shall not use Employer vehicles for
transportation during meal periods unless the employee is on a
job site or in transit to or from a job site.
Page 20
SECTION 22 - REST PERIODS
22.1 An employee will be accorded two (2) paid rest periods of
fifteen (15) minutes each on the scheduled shift which may be
used as "coffee breaks", as governed by departmental
regulations; provided the right of reasonable temporary relief
at other times shall not be eliminated.
22.2 Employer vehicles shall not be used for personal business,
including during break times, unless authorized by a supervisor.
No Employer vehicle shall be on private property except as
incidental to the normal working day, except as authorized by a
supervisor. At no time shall the total incidental time exceed
the authorized break time.
SECTION 23 - VACATIONS
23.1 Vacation will be accrued and awarded as follows:
A. For the purposes of identifying a “service milestone,” the
following shall apply:
1. The first (1st) anniversary date of employment.
2. The first day of the employee’s 7th year of continuous
service.
3. The first day of the employee’s 15th year of continuous
service.
4. The first day of the employee’s 21st year of continuous
service.
B. Employees shall accrue vacation time as follows:
Years of Continuous Service Annual Vacation Award
Date of hire through 6th year 80 hours per year
7th through 14th year 120 hours per year
15th through 20th year 160 hours per year
21st year and beyond 200 hours per year
Vacation hours shall be awarded on January 1 of each calendar
year and made available for use according to the provisions of
this section.
C. Employees who have not completed one full calendar year of
employment as of January 1 shall receive a prorated vacation
award based on their length of service in the preceding calendar
year, at a rate of eight (8) hours per full month of employment,
up to a maximum of eighty (80) hours.
Vacation hours may not be used until the employee has completed
Page 21
six (6) months of continuous employment.
Examples:
• An employee hired on March 1 will have worked ten (10)
full months by the following January 1 and will receive the
full 80-hour award. These hours may be used immediately
since the employee has completed six (6) months of service.
• An employee hired on September 1 will have worked four
(4) full months by the following January 1 and will receive
32 hours of vacation. Because they have not yet completed
six (6) months of service, vacation may not be used until
March 1.
D. When an employee reaches a new service milestone, the
difference between the vacation hours associated with the new
milestone and the number of hours awarded on January 1 of that
year shall be credited to the employee on their anniversary date
of service.
Examples:
• An employee who is awarded 80 hours on January 1 and
reaches their 7th anniversary in July will receive an
additional 40 hours (the difference between 120 and 80) on
their anniversary date.
• An employee who is awarded 120 hours on January 1 and
reaches their 15th anniversary in September will receive an
additional 40 hours (the difference between 160 and 120) on
their anniversary date.
E. Employees who complete their initial six (6) month
probationary period during the calendar year shall receive the
difference between the prorated vacation hours awarded on
January 1 and the full eighty (80) hours associated with
completion of their first year. This adjustment shall be
credited to the employee on their one-year anniversary date.
Example:
An employee hired on May 1, 2026 received 56 hours on
January 1, 2026, based on seven months of service in 2025.
Upon completing their one-year anniversary on May 1, 2027,
they shall receive an additional 24 hours, bringing their
total for the year to 80 hours.
Page 22
F. Vacation hours credited mid-year, whether due to reaching a
service milestone or completion of the probationary period,
shall be available for use after the next paycheck has been
processed following the anniversary date.
23.2 Any employee of Employer, other than a probationary
employee, who retires, resigns, or leaves the service of
Employer shall be entitled to their prorated accumulated
vacation time.
23.3 No vacation shall be taken until an employee has been on
the payroll for a period of at least six (6) months.
23.4 A day of vacation shall be canceled for each day an
employee would have worked during the normal work week, and
shall be paid for at the rate the employee would have earned on
that particular day exclusive of overtime.
23.5 Vacation leave shall not be cumulative and shall be taken
during the calendar year following the one in which it was
earned; unless conditions render it impossible, all employees
shall take their vacation.
23.6 Vacation leave shall be considered as a matter of right
and, if canceled because of work necessity shall be paid for at
straight time as extra compensation for the period if the
vacation was scheduled and approved prior to March 2. All other
canceled vacations shall be rescheduled.
23.7 Insofar as is possible, subject to the exigencies of
employment needs, employees in the several departments governed
by this Agreement shall be permitted to select their vacations.
Senior departmental employees shall have first choice. Both
hourly and salaried employees, in making vacation selections,
may choose units of not less than one (1) full scheduled work
day. Vacation may be used in one-half (1/2) day increments with
the approval of the supervisor. In selecting a single-day unit
of vacation, the employee shall forfeit a right to a preferred
choice by seniority unless arrangements are made with management
thirty (30) days prior to the desired date, and provided further
that departmental employees with more seniority have not
previously selected such date or dates for their vacations to
the extent that such scheduling would serve as a hardship on
departmental employment needs.
23.8 Between December 1 and December 20 of the calendar year in
which vacation time is earned, management of the several
departments shall prepare a calendar or schedule for vacations,
which shall be circulated among the employees within each
Page 23
department for their selection of vacation time in the next
succeeding year. This schedule shall be completed by the
employees within the several departments within forty-five (45)
calendar days from the date of circulation, but no later than
February 15 of the next succeeding year. As of February 15, of
each year, the vacation schedules shall be posted in a
conspicuous place within each department in order to allow for
employee changes as to vacation scheduling. Thereafter,
management shall complete the vacation schedules no later than
March 2 of any calendar year, and they shall be posted as the
final vacation schedules, subject only to the following:
Each employee shall have the right to make one change as
to their personal vacation schedule following March 2 of any
calendar year except that no employee shall be able to declare
seniority rights in altering said schedule after March 2.
Subject to the schedule change noted in the preceding sentence,
no vacation that is scheduled as of March 2 of any calendar year
may be taken in any fashion other than appears on the schedule
without the written consent of the employee's department head
given no less than three (3) days in advance of the date to be
used.
An employee may bank up to twenty-four (24) hours of
vacation time annually, which may be rolled over from year to
year. With the Department Head and City Manager’s approval, an
employee may bank an additional twenty-four (24) hours of
vacation time to be rolled over annually.
No less than fifty percent (50%) of the vacation time to
which an employee is entitled during any calendar year shall be
taken in five (5) day increments in accordance with the
applicable schedules. For employees entitled to fifteen (15)
vacation days, ten (10) of the vacation days must be taken in
five (5) day increments.
23.9 Should a paid holiday (Section 26) fall during an
employee's vacation, the next scheduled work day shall be a
vacation day.
23.10 Notwithstanding any other provision in Section 23, an
employee may convert up to 120 hours unused vacation time to
sick leave, which would occur in December of every year.
Employer may promulgate reasonable rules and forms to implement
this provision. The converted hours are subject to the
limitations of paragraph 24.2.
Page 24
SECTION 24 - SICK LEAVE
24.1 Employees shall earn sick leave on a bi-weekly basis for
straight hours actually worked. Employees shall earn 3.7 hours
per pay period. Employees may not earn more than 96.2 hours of
sick leave within 26 pay periods.
24.2 If unused, sick leave may be accumulated up to a maximum
of one hundred thirty-two (132) days for all employees subject
to this Agreement. Any employee who has accumulated one hundred
thirty-two (132) days of unused sick leave may be compensated
consistent with payout options stipulated on form “Request for
Cash-out of Accumulated Sick Leave – Non-Union, Clerical, and
517M Unit 2 Employees” available in the Finance Department.
Employees may draw upon the remaining balance of hours in the
union established Sick Leave Bank in accordance with standards
and procedures set up by the union’s committee to oversee the
bank. Once the remaining hours have been allocated, the sick
leave bank will close, and this language will expire.
24.3 Sick leave shall be canceled for time an employee would
have worked during the normal work week, and shall be paid for
at the rate an employee would have earned on that particular
day, exclusive of overtime, shift premium or any other
supplemental pay. Sick leave shall be taken in increments of
fifteen (15) minutes.
24.4 During the first year of employment, employees are
eligible to complete a “Use of Anticipated Sick Leave” form in
the event that they become ill and do not have enough leave time
to cover their absence. Anticipated leave is subject to
supervisor and City Manager approval. When the employee returns
to work, they will have a negative sick leave balance and
continue to accrue hours at their normal rate.
24.5 Sick leave will be taken only for the following reasons,
and will be compensated for under the following conditions and
must be communicated at the time of request. If the need to use
earned sick time is foreseeable, Employer reserves the right to
require advance notice, not to exceed seven (7) days prior to
the date the earned sick time is to begin, of the intention to
use the earned sick time. If the need for the earned sick time
is not foreseeable, Employer reserves the right to require
notice of the intention as in either of the following manners:
1. As soon as practicable; or
2. Subject to any policy Employer may develop related to
requesting sick time.
Page 25
(a) The employee’s mental or physical illness, injury, or
health condition; medical diagnosis, care, or
treatment of the employee’s mental or physical
illness, injury, disease, or health condition or
preventive care for the employee.
(b) For the employee’s family member’s mental or physical
illness, injury, or health condition; medical
diagnosis, care, or treatment of the employee’s family
member’s mental or physical illness, injury, disease,
or health condition or preventive care for a family
member of the employee.
(c) If the employee or the employee's family member is a
victim of domestic violence or sexual assault, for the
medical care or psychological or other counseling for
physical or psychological injury or disability; to
obtain services from a victim services organization;
to relocate due to domestic violence or sexual
assault; to obtain legal services or to participate in
any civil or criminal proceedings related to or
resulting from the domestic violence or sexual
assault.
(d) For meetings at a child’s school or place of care
related to the child’s health or disability, or the
effects of domestic violence or sexual assault on the
child.
(e) For closure of the employee's place of business by
order of a public official due to a public health
emergency; for an employee’s need to care for a child
whose school or place of care has been closed by order
of a public official due to a public health emergency.
(f) When it has been determined by the health authorities
having jurisdiction or by a health care provider that
the employee's or employee's family member's presence
in the community would jeopardize the health of others
because of the employee's or family member's exposure
to a communicable disease, whether or not the employee
or family member has actually contracted the
communicable disease.
“Family member”, for the purposes of this Article includes all
of the following:
(i) a biological, adopted or foster child, stepchild or
legal ward, a child of a domestic partner, or a
Page 26
child to whom the eligible employee stands in loco
parentis;
(ii) a biological parent, foster parent, stepparent, or
adoptive parent or a legal guardian of an eligible
employee or an eligible employee's spouse or
domestic partner or an individual who stood in loco
parentis when the eligible employee was a minor
child;
(iii) an individual to whom the eligible employee is
legally married under the laws of any state or a
domestic partner;
(iv) a grandparent;
(v) a grandchild;
(vi) a biological, foster, or adopted sibling.
(vii) any other individual related by blood of affinity
whose close association with the employee is the
equivalent of a family relationship.
Such absence shall be deducted from sick leave on a fifteen
(15) minute basis.
For a service-connected disability other than that for which the
employee receives Workers' Compensation insurance benefits for
lost time, any illness an employee may contract preventing their
ability to perform normally and safely at work or any exposure
to contagious disease they may experience through which the
health of others would be endangered by their attendance on
duty; and injury or illness in their immediate family which
requires their presence away from work. For the purposes of
this Section, the immediate family shall consist of spouse,
parent, child, mother-in-law and father-in-law. Also, any
non-duty disability an employee may sustain, excepting therefrom
injury that may be sustained while being temporarily in the
employ of another during their off-time or such injury that may
be sustained in conjunction with their conviction of the
violation of an ordinance or law. Sick leave shall also be
taken for medical and dental appointments scheduled and verified
to the Employer in advance. Such absence shall be deducted from
sick leave on a fifteen (15) minute basis.
24.6 An employee disabled and absent from duty as a result of a
service-connected injury incurred in the employment of Employer
shall receive their straight-time salary without deduction from
accumulated sick leave for the period of said disability and
absence but not to exceed five (5) consecutive working days
commencing with the date of injury. All Workers' Compensation
received during this period shall be turned over to Employer.
Sick leave will be applied to lost time and deducted for
service-connected disability other than that for which the
Page 27
employee receives Workers' Compensation insurance benefits for
lost time, only upon receipt of a statement signed by Employer’s
physician to the effect that the injured employee is unable to
perform the regular duties or such other temporary tasks
available in the framework of Employer functions, in which event
said employee's earned sick leave shall be used at the rate of
one (1) sick leave day for each day of such service-connected
disability until such sick leave accumulation has been
exhausted, unless the City Commission shall authorize an
extension of leave in the manner provided in Section 25.10
hereof.
An employee's absence from duty due to a service-connected
disability for which they are receiving Workers' Compensation
benefits shall not be compensated for or deducted from their
sick leave unless they shall elect to be paid the difference
between the benefits of Workers' Compensation received by him
for such service-connected disability and their normal wage or
salary; in which event, said employee's earned sick leave shall
be used at the rate of one-third (1/3) sick leave day for each
day of such service-connected disability until such sick leave
accumulation has been exhausted, unless the City Commission
shall authorize an extension of leave in the manner provided in
Section 24.9 hereof.
Any employee disabled and absent from duty as a result of
a service-connected injury incurred in the course of employment
with the City of Muskegon shall receive no economic accruals
except as specifically stated in the following subparagraphs:
A. "Seniority" shall continue to accrue (for example, if
the employee is injured in the course of their employment in
their tenth year of employment and returns to work three years
later, their seniority shall be as a thirteen-year employee).
B. Sick leave shall continue to accumulate at the rate of
one day per month, not to exceed twelve days per year, for a
period of one year following the date of injury. Sick leave
shall not accrue nor accumulate past one year from the date of
injury.
C. Vacation time shall not be accrued, accumulated or
paid to an employee for any time when the employee has not
worked.
D. Longevity pay shall not be accrued, accumulated or
paid to an employee for any time when the employee has not
worked.
Page 28
E. Holidays shall not be accrued, accumulated or paid to
an employee for any time when the employee has not worked.
F. Personal leave days shall not be accrued, accumulated
or paid to an employee for any time when the employee has not
worked.
G. In no event shall any employee who has been disabled
and absent from duty as a result of a service-connected injury
incurred in the course of employment with the City of Muskegon
take vacation time off in any one year in excess of that
provided for in Section 23, Vacations. Any vacation days
accumulated but not used prior to the injury in excess of the
maximum under Section 23 shall be paid to the employee in the
year in which the employee returns to duty.
24.7 An employee who uses more than three (3) days of
consecutive sick leave will be required to provide documentation
that the sick leave was used for permissible purposes. Such
documentation should not include a description of the illness or
details of the violence (per ESTA). The employee will have
fifteen (15) business days after the request to provide this
documentation. The cost of securing the medical documentation
will be paid by the employee and reimbursed by the Employer as
required by the Earned Sick Time Act (ESTA). In the event that
a physician deems sick leave is needed for more than three days,
the employee is required to contact the Human Resources
Department to determine if filing for Family Medical Leave Act
(FMLA) would be required. If filing for FMLA, employees must
follow appropriate FMLA procedures for returning to work. The
employer may require verification of sick leave of less than
three (3) days if the employee has shown a pattern which would
indicate misuse of sick leave.
A "medical certificate" shall be either a completed form
provided by the Employer or a completed form from some other
source. A supervisor has the right to refuse any form which is
not Employer’s form and the employee shall have two (2) work
days to return the Employer form. An original signature is not
required in Employer’s medical form.
24.8 Sick leave accruals shall be retained by an employee in
each of the following cases: An employee who is absent on
authorized leave of absence; An employee who transfers from one
classification or department to another; A classified employee
who is called from a layoff.
24.9 In an event of a confining illness and provided the sick
leave accumulation has been exhausted, the City Commission may
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authorize an extension of leave to the extent of five (5) days
for each year of service, not to exceed an additional sixty (60)
working days. Provided however that, in the case of an employee
who shall have been in Employer’s service for more than fifteen
(15) years, such additional leaves may be extended not to exceed
six months instead of sixty working days.
24.10 No compensation for sick leave will be authorized if the
employee fails to notify Employer by the starting time pursuant
to Section 50.
24.11 Upon termination of employment under honorable conditions,
the employee will be compensated at the rate of one hundred
(100%) percent of the value of the accumulated unused sick
leave, providing the employee has worked a minimum of twelve
(12) consecutive months.
24.12 In the event of lay-off, the displaced employee on recall
may use accrued sick leave compensated at the rate of one
hundred (100%) percent of the value of the accumulated sick
leave providing the employee has worked a minimum of six (6)
consecutive months.
24.13 If an employee is absent without time in their sick leave
bank to cover such time, the employee shall be charged for the
"cost of benefits." The "cost of benefits" shall be 50% of the
employee’s actual pay. (By way of example, if an employee had 16
hours in their sick leave bank, and was absent Monday, Tuesday,
and Wednesday, the employee would be paid and not charged for
their benefits for Monday and Tuesday. The employee would not
be paid and would be charged the cost of benefits for
Wednesday.) The charge for the cost of benefits shall be
deducted from subsequent paychecks. Employees on approved
leaves, i.e., approved FMLA leave or approved leave from the
Civil Service Commission, shall not be obligated to pay the
"cost of benefits." Employees may cash out unused sick leave in
accordance with the Employer’s existing program.
24.14 When an employee’s sick bank is depleted, they may be
excused from work as long as a medical certificate is provided
and pay the cost of benefits for up to two (2) incidents. An
incident is defined as a singular event or occurrence for a time
period from 15 minutes up to one (1) day. After the second such
incident, for each subsequent incident, the employee shall pay
the cost of benefits, the incident will be considered an
unexcused absence, and discipline shall be imposed as a Group 1
offense.
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SECTION 25 - LEGAL HOLIDAYS TO BE OBSERVED WITH PAY
Legal holidays to be observed with pay are:
A. Paid holidays for City Hall based employees are
designated as follows:
New Year's Day Thanksgiving Day
Martin Luther King's Birthday Day after Thanksgiving
Memorial Day Day before Christmas
Juneteenth Christmas Day
Independence Day
Labor Day Day before New Year's
Veteran's Day
B. Paid holidays for non-City Hall based employees are
designated as follows:
New Year's Day Thanksgiving Day
Memorial Day Independence Day
Juneteenth Labor Day
Christmas Day Day before New Years
Day before Christmas
C. Paid holidays which fall on Saturday shall be recognized
on the Friday preceding the holiday. Paid holidays which fall
on Sunday shall be recognized on Monday following the holiday,
exclusive of employees who perform the necessary seven-day
continuous operation.
SECTION 26 - PERSONAL LEAVE DAY
26.1 Each employee based at City Hall shall be entitled to two
(2) personal leave day per year. The personal leave time shall
be taken subject to notice twenty four (24) hours in advance of
the time requested. Each employee based at City Hall shall be
entitled to two (2) personal leave days per year. The manpower
needs as determined by the department supervisor shall prevail
in the scheduling and use of said personal leave. If not
requested, the time is lost and cannot be taken as time off.
Personal leave day benefits may be taken in one-hour increments
if approved by the Department Supervisor.
26.2 Each n non-City Hall-based employee shall be entitled to
five (5) personal leave days per year. The personal leave time
shall be taken subject to notice twenty four (24) hours in
advance of the time requested. The manpower needs as determined
by the department supervisor shall prevail in the scheduling and
use of said personal leave. If not requested, the time is lost
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and cannot be taken as time off. Personal leave day benefits
may be taken in one-hour increments if approved by the
Department Supervisor, except as modified in paragraph 26.6 for
the Water Filtration Plant.
26.3 Personal leave days for the first calendar year of
employment shall be granted on a pro rata basis as follows:
Hired In Non-City Hall City Hall
January 5 2
February 5 2
March 4 2
April 4 1
May 3 1
June 3 1
Employees hired after July 1 shall not receive personal leave
days until the following calendar year.
26.4 Between January 1 and November 1, if an employee requests
personal leave time one (1) week in advance of the beginning of
the next pay period, it is granted and then canceled, the
employee shall be paid for the day and the day removed from
their bank. If necessary, notice is not given or the personal
leave day is not granted, the personal leave day shall be
rescheduled.
26.5 Between November 2 and December 31, personal leave time
which is requested and denied shall be rescheduled or lost.
26.6 At the Filtration Plant, personal leave days taken during
the second shift, during the third shift, on a Saturday, on a
Sunday or on a holiday may be taken in a half day increment.
Notwithstanding any other provisions of this contract, Employer
may schedule in four hour increments a non-rotating shift
employee at straight time pay to cover the personal leave day
SECTION 27 - BEREAVEMENT LEAVE
27.1 In the event there is a death in the immediate family of an
employee, consisting only of spouse, parent, grandparent, child,
brother, sister, mother-in-law, father-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, and grandchild,
and the employee attends the funeral service, such employee
shall be granted a three (3) day leave of absence with full pay.
An employee shall be granted one (1) day absence with pay in the
event of a death in the family of such employee other than
hereinbefore set forth; provided the employee attends the
funeral service.
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27.2 There shall be no bereavement leave for friends, other
than fellow employees. Up to one day special leave will be
granted to attend funerals of fellow employees. In the event a
substantial number of employees of a particular department would
ask for time off to attend the funeral of a fellow employee, the
needs of the department will be of primary concern, and the
Department Head will consider the needs in determining the
number of employees to receive time off.
27.3 Provided that 24-hour notice is submitted, bereavement
leave shall be credited to the pay period in which it is taken.
27.4 Up to five (5) days of accumulated unused sick leave may
be used by an employee each year for bereavement leave in order
to attend the funeral service for any of those persons
identified herein (in this Section), provided that the employee
is required to travel either outside the State of Michigan, or
250 miles, in order to attend the funeral service, and to
provide documentation thereof.
27.5 An employee may use one of the five (5) days (sick leave
used for bereavement leave), set forth in .4 above, each year to
attend the funeral of a friend.
27.6 In the event there is a death in the immediate family of
an employee, consisting only of spouse, parent, grandparent,
child, brother, sister, mother-in-law, father-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law and
grandchild and the employee attends the funeral service, such
employee shall be granted a five (5) day leave of absence with
full pay provided that the employee is required to travel five
hundred (500) miles one way in order to attend the funeral
services. Documentation is required.
27.7 Unless the funeral is on a Saturday or Sunday, one of the
days off must be the day of the funeral, with all other days off
being either immediately before or immediately after the day of
the funeral.
SECTION 28 - MILITARY LEAVES
28.1 The right to re-employment and the continuing seniority
rights are guaranteed for any employee, now or hereinafter, upon
the seniority list and who, now or hereinafter, is a member of
the Armed Forces of the United States, State of Michigan.
28.2 Such leave of absence shall be granted employees in the
classified service for service in defense of the Country, or who
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are members of the National Guard or militia, or of the Reserve
Corps, or forces in the Federal Military, Naval, Marine or Coast
Guard Service, as authorized and provided for by the Veterans
Preference Act of the State of Michigan, and in addition
thereto, shall be entitled to the rights and privileges
authorized by said Veterans Preference Act with respect to
status and re-employment.
28.3 Whenever employees who are members of the National Guard,
Naval Reserve, Army Reserve, Marine Reserve, or Air Force
Reserve, are called to active duty, they shall be entitled to a
leave of absence, in addition to their annual vacation leave
from their respective duties, without loss of pay, for such time
as they are engaged in active-duty defense training. Employer
shall pay the difference between gross military pay and gross
straight time Employer pay. Such leaves are not to exceed two
(2) calendar weeks (ten (10) work days).
28.4 Employees who have been in the armed services of the
United States, under military leave from the City of Muskegon,
shall upon reinstatement to employment be given credit for
accumulated sick leave and vacation for the time spent in the
armed services, the same as though the time spent in the
military service had been spent in the employment of the City of
Muskegon, providing that such employee has received an honorable
separation from the armed services.
SECTION 29 - MATERNITY LEAVE
Maternity leaves shall be controlled and governed by applicable
state and federal laws.
SECTION 30 - UNPAID LEAVES OF ABSENCE
30.1 Employees elected or appointed to Local 517M Union office
shall be eligible for unpaid leaves of absence during tenure in
office. Seniority of the employee shall not accumulate during
leaves of absence under the above condition.
30.2 An unpaid leave of absence may be granted for personal
reasons for a period not to exceed thirty (30) days, upon
application of the employee to, and approved by, the department
head. Such leaves of absence shall not be renewed, but
seniority shall accumulate during such leave, not to exceed
thirty (30) days.
30.3 Any employee who does not report back to work by the
expiration date of any approved leave of absence as set forth in
the leave of absence notice, or does not receive an approved
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extension, or who accepts other employment while on leave from
Employer (unless such employment has been specifically approved
in the leave of absence request, or is otherwise provided for in
this Contract) or who withdraws their retirement savings, will
be considered to have terminated their employment with Employer.
(If revisions are made available through amendments of the
current retirement system so as to provide a method of the
employee utilizing such monies as they may have accumulated in
the retirement fund, then this Section shall not be construed to
prohibit participation in such programs by the employees covered
by this Agreement.)
30.4 Leaves of absence may be extended upon written
application of the employee which shall be submitted not less
than five (5) days prior to the expiration date of the expiring
leave of absence. Such extensions of leaves of absence shall be
approved in advance by the appointing authority and the Civil
Service Commission (concerning matters of which they exercise
jurisdiction), and/or such other persons possessing the
authority to grant such extensions. Disposition of all requests
for leaves of absence and extensions thereof shall be in
writing.
SECTION 31 - JURY DUTY
31.1 An employee who is summoned and reports for jury duty
(except for season employees)as prescribed by applicable law
shall be paid by the Employer an amount equal to the difference
between the amount of wages the employee otherwise would have
earned by working during straight-time hours for the Employer on
that date and the daily jury-duty fee paid by the courts, not
including travel allowances or reimbursements of expenses, for
each day on which they report for, or performs, jury duty, and
on which they otherwise would have been scheduled to work for
the Employer. The employee shall notify the supervisor not
later than the day following receipt of the subpoena of the
dates of absence required by jury service. Jury duty includes
witness service by subpoena.
31.2 An employee working at the Filtration Plant who is
summoned for jury duty shall notify their supervisor promptly of
the dates for jury service. If the employee is not scheduled to
work first shift on the scheduled dates of jury service, the
employee and supervisor shall attempt to have the dates for jury
service changed to correspond with the employee's scheduled
first shift. If the dates for jury service cannot be changed,
the supervisor shall change the work schedule so that the
employee is working the first shift during the dates of jury
service.
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SECTION 32 - HEALTH AND WELFARE
32.1 Employer shall make reasonable provisions for the safety
and health of its employees during the hours of their
employment, and shall provide protective devices and other
equipment necessary to protect the employees from injury and
sickness and in conformity with statute. Employer may require
the wearing of safety toe shoes. If so required, the employee
shall purchase and wear the shoes.
32.2 Employer shall provide and maintain health and restroom
facilities for their employees that will meet not less than the
minimum requirements of Michigan State Labor Law.
32.3 The Employer may require a physical examination of
employees who have been on sick leave in excess of thirty (30)
calendar days before returning them to active employment. Such
physical exam shall be by Employer-designated physician and
shall be at the Employer's expense. There shall be no lost time
charged to the employees as a result of the requirement.
A. The employee shall notify the Employer immediately of
any return-to-work clearance by examination of a physician, and
present the same in writing upon return to duty.
32.4 A. Employer will provide safety glasses to those
employees whose classification and job activities may contain
potential hazard of eye injury and compliance with applicable
State and Federal laws and standards.
B. Employer agrees to pay 100% of the cost for the first
pair of safety glasses, selected by Employer, for each employee
whose job activities are potentially eye hazardous. The Safety
Director will determine which job activities require safety
glasses.
C. Employer agrees to pay 100% of the cost of replacement of
safety glasses, selected by Employer, in the following cases:
(1) The safety glasses are damaged due to an on-duty
accident which requires replacement under applicable State and
Federal laws and standards.
(2) At the end of two (2) years following the employee's
receipt of the original pair of safety glasses, the employee
requires a different prescription.
Page 36
D. As a condition of employment: Safety glasses supplied by
Employer to an employee must be worn at all times during the
employee's presence on or near the job where machines or
operations present hazard of flying objects, liquids and
hazardous conditions. An employee who refuses to wear safety
glasses shall be subject to the disciplinary procedure.
E. An employee reporting to work or job activity without
their safety glasses may not receive pay, recognition of time
for pay or overtime computation until the employee returns to
work with safety glasses.
F. The employee will sign a receipt for their safety glasses
and authorization to Employer to deduct from their next paycheck
the cost for replacement due to causes other than an on-duty
accident. This applies to the first and all subsequent pairs of
safety glasses.
32.5 Employer may adopt, modify and repeal a safety incentive
plan. Any discipline to be imposed for violating safety rules
shall be imposed by the direct supervisor of the disciplined
employee.
32.6 Employer will reimburse an employee for the amount the
employee spends in a year to purchase work boots and work-
related clothing, up to a maximum of three hundred ($300)
dollars per year, if the employee provides a receipt showing
that the employee purchased such items. The “year’ for purposes
of this reimbursement is Employer’s fiscal year (July 1 to June
30).
SECTION 33 - MEDICAL
33.1 Employees disabled by illness or disability incurred in
their employment with Employer may be given employment in any of
the various departments of the City, if their ability to
accomplish gainful employment permits. The extent of such
abilities shall at all times be controlling.
33.2 The employee or Employer may request an examination by a
licensed physician to determine the employee's physical ability
to be employed and to perform the duties of the available
position. If the employee requests the examination by other
than the Employer’s physician, said employee shall be liable for
the cost incurred, unless otherwise agreed upon between Employer
and the Union, and further that such examination is not covered
by Workers' Compensation.
Page 37
33.3 In the event the employee should be required to receive
medical examination as a condition of employment, and shall
elect to receive said attention from other than the physician
provided by Employer, the employee shall be responsible for the
payment of cost incurred.
SECTION 34 - INSURANCE
34.1 During the life of this Agreement, Employer will offer a
health plan to every eligible employee. At the Employer’s
discretion, an Optional Plan may be offered to eligible
employees. The plan the employee chooses will also cover their
dependents. Each eligible employee will have the opportunity to
change options at the annual open enrollment period, which is
during the month of May with a June 1 effective date. The City
reserves the right to change, limit, or eliminate the Optional
Plan.
PLAN NAME BENEFITS DETERMINED BY
Optional Plan Subject to change by provider
Self-funded ASO Plan A Bargained Plan
MAJOR MEDICAL CAP LIFETIME MAXIMUM
Prior to 1/1/1995 $150,000
01/01/1995 – 12/31/1997 $225,000
01/01/1998 – 12/31/2004 $300,000
01/01/2005 – 12/31/2008 $350,000
01/01/2009 - Present $500,000
34.2 Employees shall contribute ten percent (10%) of the
healthcare premium, including HRA deductible and coinsurance of
the applicable single, double, or family plan applicable to that
employee.
34.3 Dependent children required to be covered by the
employee’s health insurance carrier pursuant to a court order
shall be enrolled in the health plan per the date required by
the court if the employee is eligible and has signed up for
employee health insurance benefits.
34.4 Dependents are eligible for health insurance until the
end of the month in which they turn 26.
34.5 Employer will continue to pay a minimum deductible of
$1,000 per single and $2,000 per double or family, contingent
upon employee and spouse (if any) participating in the Wellness
Program.
Page 38
34.6 During the life of this Agreement the prescription co-pay
for employees covered by the Self-funded ASO (Administrative
Services Only) plan shall be $20 for generic and $40 for brand
name drugs. During the life of this Agreement, the prescription
drug copay for employees covered under the Optional Plan shall
be the amount determined by the provider.
The drug rider shall be for and on behalf of the employees and
their dependents, including spouse.
34.7 For employees who leave Employer employment after January
1, 1989, except to the extent the employee qualifies for
immediately payable benefit from the General Employees
Retirement System, retiree health benefits will be limited as
follows:
10 years of service 50% of retiree health benefit
15 years of service 75% of retiree health benefit
20 years of service 100% of retiree health benefit
34.8 Employer reserves the right to change the Self-funded ASO
Plan insurance provider and plan while maintaining health
insurance benefits noted in this Agreement.
Please refer to Section 51.7 and 52.3 regarding retirement
eligibility.
34.9 Retirees, including their spouse and dependents at the
time of retirement, however that no other dependents may be
added after retirement, and excluding duty and non-duty
disability until regular retirement, are eligible as follows:
Retire Date After 12/31/2004 Benefit
Retiree under age 65 Retiree health insurance
Retiree over age 65 Supplemental Insurance
Hire Date After 01/01/2009 Benefit
Retiree under/over age 65 **No Retiree insurance
**City and employee will each pay 2% of wages to a health care
savings plan (HSCP).
34.10 Retirees, will be provided the following:
Retiree Prescription Coverage Benefit
Retiree 01/01/2005 – Present $20 Generic/$40 Name Brand
34.11 Defined Contribution employees hired after January 1,
2009 are ineligible for retiree health insurance.
Page 39
34.12 Employer agrees to pay the premiums for group term life
insurance on the life of each eligible employee in the amount
equal to the annual salary of each eligible employee, but not
less than Ten Thousand Dollars ($10,000).
34.13 During the life of this Agreement, Employer will provide
and pay for a dental and vision plan for all eligible employees,
spouses, and dependents. The employer will pay 50% of
orthodontia services up to a maximum of $2,000 for each child
through age 17.
34.14 Effective on the first day of the month after enrollment,
Long Term Disability shall be provided to each eligible
employee.
34.15 If either party requests to negotiate a change or
modification of the present insurance program, except for the
Optional Plan, a thirty (30) day notice to the other party is
required.
SECTION 35 - LONGEVITY PAY PLAN - RULES AND REGULATIONS
35.1 All employees with five (5) years or more of service will
be eligible for longevity pay. Semi-annual payments to be paid
in June and December using the following formula:
2% of Base Pay after 5 years of service
4% of Base Pay after 10 years of service
6% of Base Pay after 15 years of service
8% of Base Pay after 20 years of service
10% of Base Pay after 25 years of service
Longevity payments shall be based on a maximum salary of
$15,000. If any other collective bargaining agreement involving
Employer provides for a Longevity Pay Plan in an amount greater
than provided here, the bargaining unit members covered by this
collective bargaining agreement shall receive the same benefit.
35.2 Any employee who reaches 5, 10, 15, 20 or 25 years of
service on or before June 30th, and is on the payroll as of June
1st, will be eligible for one-half (1/2) the longevity payment
in June and each successive semi-annual payment in December and
June thereafter. Any employee who reaches 5, 10, 15, 20 and 25
years of service on or before December 31st, and is on the
payroll as of December 1st, will receive one-half (1/2) the
longevity payment in December and each successive semi-annual
payment thereafter.
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35.3 During the calendar year in which an employee retires
under one of the Employer’s retirement plans, they shall be
entitled to receive, at the time of the semi-annual payment of
longevity, a pro-rated portion of their longevity pay based on
days worked.
35.54 All compensation for employees is subject to deduction
for income tax, retirement, and social security benefits.
SECTION 36 - WAGE AND SALARY AGREEMENT
36.1 A wage and salary agreement set forth in Appendix A
attached hereto shall be observed during the term of this
Agreement. After the expiration date of a collective bargaining
agreement and until a successor collective bargaining agreement
is in place, a public employer shall pay and provide wages and
benefits at levels and amounts that are no greater than those in
effect on the expiration date of the collective bargaining
agreement. Accordingly, there will be no retro pay.
36.2 There shall be neither pyramiding of overtime provisions
in the Agreement nor pyramiding of overtime provisions with
shift premiums.
36.3 During the life of this Agreement, including extensions
of same, Employer shall not be obligated to provide any
cost-of-living allowance to employees within this bargaining
unit and the cost-of-living allowance agreed to in prior
agreements shall be frozen, except as provided for in paragraph
36.5.
36.4 Should a new job be classified under new duties, the
parties will negotiate for the purpose of determining where that
job should be placed within the Rate Agreement established.
36.5 The wage and salary schedule attached as Appendix A
reflects a 1.5% increase effective January 1, 2026, a 1.5%
increase effective July 1, 2026, a 1.5% increase effective July
1, 2027, and a 1.5% increase effective July 1, 2028. The
percentage increase reflected on Appendix A shall be the minimum
increase. For pay rates effective July 1, 2026, and each July
1st thereafter, to the extent that the April 12-month Consumers
Price Index for the Detroit-Warren-Dearborn, Michigan all items,
not seasonally adjusted, is greater than the increase reflected
on Appendix A, then those position which would not receive an
increase equal to the increase of the Consumer Price Index shall
receive an increase commensurate with the increase in the
Consumer Price Index. No later than May 15, 2026 and each May
15th thereafter, v shall recalculate Appendix A, provide the
Page 41
revised Appendix A to the Union and implement the revised
Appendix A if the Union does not file a grievance with 5
business days of being provided the revised Appendix A. If the
Union files a grievance concerning the proposed revised Appendix
A, then salary and wages shall remain the same as paid in the
then current year until the issue is resolved or an arbitration
award is issued and the appeal period has expired.
36.6 If Employer is unable to fill a position with the
current" pay range, Employer shall establish a "new" pay range
for a classification, after notifying the union, offering to
bargain the "new" range and, if necessary, implementing the
"new" range. Employer may start an employee anywhere on the
"new" range but a current employee in that classification must
be paid at least as much as the new hire. (This does not give
Employer the right to place a new employee at other than the
start rate on a current pay range.)
36.7 The Step 7 rate shall be set in Appendix A consistent
with Section 36.5. The start rate shall be 80% of the Step
7rate for salary job classifications and 85% of the Step 7 rate
for hourly job classifications. There shall be seven (7) steps
Step 1 through Step 7. An employee shall move from Start rate to
Step 2 upon satisfactorily completing probation. Progression
from one step to the next step, excluding the move to Step 2,
shall occur on July 1 of each year.
36.8 In addition to Section 36.6, Employer may start a new
employee at the Step 2 and advance the new employee to the Step
3 after 6 months, so long as the employee has passed probation,
with all subsequent advances occurring on July 1, as provided
for in Section 36.7.
36.9 Each employee on the payroll as of January 1, 2026 shall
receive a one-time signing bonus of $1,000.
SECTION 37 – GENERAL
37.1 Employer will furnish in each department a bulletin board
to be used by the employees and the Union to post their notices
and information.
37.2 Notices and announcements on the bulletin board shall not
contain anything political or controversial, nor anything
reflecting upon Employer, any of its employees, or any labor
organization among its employees, and no material notice of
announcement which violates the provisions of this Agreement
shall be posted. Any Union-authorized violation of this
Page 42
paragraph shall entitle Employer to cancel immediately the
provisions of this paragraph and remove the bulletin board.
37.3 Any employee represented by the Union who is required to
furnish their personal vehicle for the purpose of transacting
Employer business shall be reimbursed for mileage expense at the
current rate as established by Employer, provided however that
the direct assignment of an employee to one of Employer’s
dispersed facilities, without reporting to the normal base of
operation, shall not be construed to mean the use of private
vehicle for transacting Employer business.
SECTION 38 - SUPERVISION WORKING
38.1 Supervisory employees shall not be permitted to perform
bargaining-unit work except in the following types of
situations: An expediency arising out of unforeseen
circumstances which calls for immediate action; in the
instruction or training of employees, demonstrating the proper
method to accomplish a task assigned.
38.2 Should the above paragraph be violated, the employee
eligible under the provisions of equalization of overtime shall
be paid all such work time lost at the applicable rate of pay.
SECTION 39 - STATE OF EMERGENCY
In the event of a catastrophe, natural or otherwise, affecting
the City of Muskegon so as to necessitate a declaration of a
state of emergency by the Mayor of the City, the City Manager,
or the designated spokesman, the employees of the City service
covered by this Agreement may be called upon to perform their
respective duties without invoking the provisions of notice
contained herein.
SECTION 40 - SEPARABILITY
40.1 In the event that any of the provisions of this Agreement
shall become invalid or unenforceable, such invalidity or
unenforceability shall not affect the remaining provisions
hereof.
40.2 It is further provided that in the event any provisions
are so declared to be in conflict with any law superseding this
Agreement, both parties shall meet within thirty (30) days for
the purpose of renegotiating the provision, or provisions, so
invalidated.
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SECTION 41 – VALIDITY
41.1 The Union and Employer agree that in the event that the
provisions of the Agreement shall be in conflict with existing
rules, regulations and/or ordinances officially abridged,
delegated or modified by the terms of the Agreement, the terms
of the Agreement shall prevail. This collective bargaining
Agreement supersedes any other City Ordinances dealing with
wages, hours, and terms and conditions of employment. However,
when not negated by the provisions of this agreement, the Civil
Service Rules and Regulations and Personnel Policies of the
Employer shall apply.
41.2 Any new Civil Service Rules having a bearing on hours,
wages, or working conditions shall be negotiated with the
Employer, and agreed to before application.
SECTION 42 - MAINTENANCE OF CONDITIONS
42.1 Any and all working conditions, hours of work and rates
of pay not abridged or modified by this Agreement shall remain
in full force and effect. All disputes arising out of this
clause shall be submitted to a Joint Committee composed of two
(2) representatives of Management and two (2) representatives of
the Union. Should the dispute not be resolved by this Committee
within five (5) working days, this Committee shall commence
negotiations on a supplemental agreement on the matter in
dispute. Any supplemental agreement ratified by the parties to
this Agreement shall prevail for the period commencing with the
effective date of said supplemental agreement and continue until
the expiration date of this Working Agreement.
42.2 No unilateral action shall be taken by either party
pursuant to such dispute arising until the above provisions have
been exhausted.
42.3 No subject in dispute arising under this clause shall be
submitted to arbitration proceedings.
42.4 It is acknowledged that during the negotiations which
resulted in the agreement, both the Union and Employer had
unlimited right and opportunity to make demands and proposals
with respect to all proper subjects of collective bargaining.
Therefore, for the life of this Agreement, both the Union and
Employer agree that both parties shall not be obligated, unless
by mutual agreement, to bargain collectively with respect to any
subject or matter not specifically referred to or covered in
this Agreement.
Page 44
SECTION 43 - NO STRIKE - NO LOCK-OUT
There shall be no strikes by the Union, or Lock-Outs by
Employer, during the life of this Agreement or any extension
thereof. During the term of this Agreement, the Union agrees
that it will not engage in, initiate, authorize, sanction,
ratify or support any strike, slow-down, stay-in, or other
curtailment or restriction of City operation, or interfere with
the work in or about the Employer premises.
SECTION 44 - NON-DISCRIMINATION AND
EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION
The Employer and the Union agree that the provisions of this
Agreement, in accordance with applicable federal and state laws,
shall be applied equally to all employees without discrimination
as to race, color, religion, sex, age, national origin, height,
weight or marital status. The Union acknowledges that the City
of Muskegon may adopt and implement an affirmative action plan
for hiring purposes only. The Union will be afforded a copy of
the affirmative action plan after it is adopted by City
Commission. As long as the plan effects only hiring, the
parties agree that the plan is a management right.
SECTION 45 - RESIDENCY
The union acknowledges Employer’s desire to encourage residency
but not require such for employees of this bargaining unit. All
employees who were members of this bargaining unit are free to
maintain their residence at any location and are no longer bound
by collective bargaining agreements requiring residency.
Union acknowledges that city may adopt, amend, modify or
eliminate any incentive plan to encourage employees to live in
the City of Muskegon. For purposes of any incentive, City
reserves the right, in its sole discretion, to determine whether
an employee is a resident. The incentives will not eliminate,
change or modify any present benefit provided for in this
collective bargaining Agreement. Bargaining unit members will
receive the same residency incentives as non-union employee.
SECTION 46 - JOB CLASSIFICATIONS AND JOB DESCRIPTIONS
46.1 The parties negotiated written job descriptions for the
classifications represented by the Union and agreed that the
following language will be added to each of said job
descriptions: "Job descriptions are official records which
indicate seniority groupings, primary functions, tools and
equipment of various jobs. They are not absolutely controlling
Page 45
upon the assignment of work, nor do they spell out accurately or
completely all the duties and responsibilities of a job. Their
function is to identify jobs for purposes of wage determination
and provide a permanent record of the ratings applied and the
principal characteristics of the job."
46.2 All employees in the position of Mechanic are required as
a condition of continued employment to be state certified as a
Master Mechanic. Applicants for the position of Mechanic must
have passed four parts of the Master Mechanic certification at
the time of appointment and must be a state certified Master
Mechanic by completion of probation.
46.3 It is the employee’s responsibility to keep all
certificates current and licenses required by job descriptions
or compensation current. Failure to maintain such may result in
the employee being suspended without pay if the primary job
functions cannot be performed without the certification.
Employees have to obtain their certification at the first
available opportunity or they will be terminated. It is the
responsibility of the employee to ensure they apply for and sit
for any exam required for certification.
46.4 During the term of this contract, the Union will work
with Civil Service on updating job descriptions.
46.5 The following classifications in Appendix A require State
of Michigan drinking water licenses: Chemist, Chief Water
Operator, Water Filtration Maintenance Worker, and Water
Filtration Plant Operator.
46.6 If an employee in a classification listed in Section 46.5
is unable to obtain certification within the 6-month
probationary period, they will be permitted to pass their
probationary period, subject to all other requirements of this
agreement. Beginning on the date in which the employee passes
probation, they will have two (2) years to obtain the necessary
certification. Failure to obtain the required certification
within two (2) years from the date of hire will result in
termination with no right to return to their former position.
The Department Head will notify the Union in writing of any
employee who has passed probation but still needs to obtain the
necessary licenses.
46.7 The following classifications require a certain license
or certification: Urban Forester with Tree Trimmer, Parks
Maintenance Worker II with CDL, Water Sewer Maintenance Worker
with S License. For the purposes of this requirement an S
License refers to S 1, 2, 3, or 4. Employees in the
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classifications of Urban Forester, Parks Maintenance Worker II,
or Water Sewer Maintenance Worker will be promoted at the next
pay period after receiving the required license or
certification.
Employees in the classification of Urban Forester with Tree
Trimmer, Parks Maintenance Worker II with CDL, or Water Sewer
Maintenance Worker with S License who lose their license or
certification will be demoted at the next pay period. Example:
• Urban Forester with Tree Trimmer demoted to Urban Forester.
• Parks Maintenance Worker II with CDL demoted to Parks
Maintenance Worker II
• Water Sewer Maintenance Worker with S License demoted to
Water Sewer Maintenance Worker.
SECTION 47 - CONTRACTING OUT WORK
47.1 Employer agrees that work customarily done by the
Bargaining Unit will not be contracted out as long as Employer
has operable equipment and qualified employees available to do
the work which is required, provided that the cost of doing the
work in house will not exceed the cost of contracting the work
out. In any event, no subcontract shall be entered into without
Employer having given thirty (30) days written notice to the
Union in advance of said subcontract, and without first having
negotiated with the Union as to the effects of said subcontract
upon the members of the bargaining unit. Upon the expiration of
a given subcontract, the Union shall have the right, upon thirty
(30) days' advance written notice and/or demand, to negotiate
the issue of whether bargaining unit members can perform the
work at a cost savings to Employer from that of contracting the
work out.
47.2 General labor work of the type normally performed by
employees of this bargaining unit may be performed by people
assigned through a prison, jail or court ordered program, e.g.,
Camp Muskegon personnel, Muskegon County Jail prisoners, etc.
Employer may use such programs only if Employer in the current
month is employing the same number of seasonal employees, to a
maximum number of fifteen (15), as were employed in the same
month in the previous year. The maximum number of protected
positions, fifteen (15), which must be filled prior to the use
of prisoners in the month in question, shall consist of ten (10)
seasonal maintenance workers, which shall be hired first, and
five (5) seasonal laborers.
By way of further explanation, if in a given month in the
previous year Employer was not employing any seasonals, the
Page 47
prison programs may be utilized without regard to employment of
seasonal maintenance workers or seasonal laborers. If in the
same month in the previous year there were twelve (12) seasonal
maintenance workers and/or seasonal laborers employed, Employer
must employ ten (10) seasonal maintenance workers and two (2)
seasonal laborers prior to the utilization of any prison program
for that month. If in the same month in the previous year there
were in excess of fifteen (15) seasonal maintenance workers
and/or seasonal laborers employed, Employer must employ ten (10)
seasonal maintenance workers and five (5) seasonal laborers
prior to the utilization of any prison program for that month.
The prison programs may not supplant full-time non-seasonal
employees or result in the layoff of full-time non-seasonal
employees or the continuance thereof. The prison program is
intended to supplement Employer’s work force as constituted for
normal City work."
SECTION 48 - DRIVERS LICENSE
48.1 For all employees who are required as part of their job
description to possess a valid Michigan motor vehicle operator's
license, it is the employee's obligation to inform the employer
upon the revocation or suspension of the employee's Michigan
motor vehicle operator's license. Should the employee fail to
divulge the revocation or suspension and the employer discovers
the revocation or suspension, discipline may be imposed as a
Group 2 offense. If at the end of the disciplinary suspension
the employee does not have valid, Michigan motor vehicle
operator's license, then the employee shall request a leave of
absence as permitted under the contract.
48.2 If an employee's Michigan motor vehicle operator's
license is suspended or revoked and the employee notifies the
employer of such, the employee shall receive authorized unpaid
twenty-four (24) hours (one (1) day) leave to obtain a valid
Michigan motor vehicle operator's license. If the employee is
not able to obtain a valid Michigan motor vehicle operator's
license within the twenty-four (24) hours (one (1) day), then
the employee shall request a leave of absence as permitted under
the contract.
48.3 If an employee's Michigan motor vehicle operator's
license is suspended or revoked, the employer may require the
employee to continue working doing jobs which do not require
possession of a valid Michigan motor vehicle operator's license.
The employer's option shall be in the sole discretion of the
employer. The employer's decision as to a given employee shall
Page 48
have no impact or effect on the decision relative to another
employee.
48.4 For purposes of promotion, the Civil Service Commission's
rules relating to reviewing driver’s license history as attached
in Appendix E shall be applicable to members of this unit
effective January 1, 1998. The rules shall not apply in
situations of determining who should be laid off or recalled
pursuant to Section 14. Other sanctions due to drivers’
licenses are not affected by this subsection.
SECTION 49 - CALL-IN PROCEDURE
49.1 All employees who will be tardy or absent from work must
call in by the normal starting time, unless there is a
reasonable explanation as defined by Appendix G. Tardy is
defined as the first 30 minutes within the start time. Absent is
defined as being over 30 minutes past the start time.
49.2 An employee who is tardy and calls in before the normal
start time shall be counted as tardy and shall make up the
amount of time they are tardy within the pay period. After 5
tardies have accumulated in not more than one year, the employee
shall be disciplined as a Group 1 offense for each subsequent
tardy. An employee who is tardy and fails to call in before the
normal start time may be disciplined as a Group 1 offense.
49.3 An employee who is absent and calls in before the normal
start time will not be paid unless there is a qualifying use of
sick time. An employee who is absent and fails to call in before
the normal start time may be disciplined as a Group 1 offense
and will not be paid for the time absent.
49.4 If an employee calls in on time but has not benefit time
available, the employee may be disciplined as a Group 1 offense,
unless covered by another section.
49.5 Employer shall establish a central 24 hour telephone
number or service for employees to contact if the employee will
be absent. Employees are to contact the central number or
service in order to comply with this section.
SECTION 50 - COMMERCIAL DRIVERS LICENSE
50.1 The following positions are required to obtain and
maintain the appropriate type of C.D.L. with pertinent
endorsements.
Page 49
Classification Type Endorsement(s)
Electronics Technician B Air Brakes
Maintenance Electrician B Air Brakes
Sign Fabricator B Air Brakes
Mechanic A Air Brakes, Tank
Water & Sewer Maintenance Worker w/
S license B Air Brakes, Tank
Water & Sewer Maintenance Worker B Air Brakes, Tank
Equipment Operator A Air Brakes, Tank
Traffic Sign Maintenance Worker B Air Brakes
Cemetery Maintenance Worker A Air Brakes
Small Equipment Mechanic A Air Brakes
Parks Maintenance Worker II with CDL A Air Brakes
Urban Forester w/ Tree Trimmer A Air Brakes
Urban Forester A Air Brakes
Leisure Service II A Air Brakes
Leisure Service III A Air Brakes
Horticulturalist A Air Brakes, Tank
50.2 All employees in classifications specified in Section 50.1
shall be required to have the C.D.L. and endorsements at the
conclusion of the probationary period. If an employee does not
have the required C.D.L. and endorsement by the conclusion of
the employee’s probationary period, the Director of Public Works
may extend probation by thirty (30) additional calendar days
upon mutual agreement by the Employer and Union; and provided
the Employer notify the Union and Employee in writing not less
than five (5) days before the expiration of the probationary
period. If additional time is needed beyond the thirty (30) day
extension, then the Employer and Union will discuss. All
probationary period extensions will be by mutual agreement
between the Employer and Union. If probation is extended, the
employee’s wages will not change until the employee passes
probation. Loss of the C.D.L. and/or endorsements shall result
in termination except as described in 46.7.
SECTION 51 - DEFINED BENEFIT RETIREMENT PLAN
51.1 ELIGIBILITY. The Defined Benefit Retirement Plan is
applicable only to unit members hired before January 1, 2006.
51.2 TRANSFER TO MUNICIPAL EMPLOYEES RETIREMENT SYSTEM.
Effective April 1, 2007, the assets and liabilities of the City
of Muskegon General Employees Retirement System associated with
Employer employees represented by Local 517M Unit 2 Service
Employees international Union shall be transferred to the
Municipal Employees Retirement System (MERS). Employees shall
Page 50
no longer have any rights from claims against or participation
in the City of Muskegon General Employees Retirement System.
51.3 CONTRIBUTION RATE. Employees shall contribute five
percent (5%) of compensation as defined by MERS.
51.4 RETIREMENT BENEFIT. An Employee who retires between
April 1, 2007 and January 1, 2009 shall be entitled to a
retirement benefit pursuant to MERS Benefit Program. For
Employees who retire after January 1, 2009 and before December
31, 2016, the pension multiplier shall be 2.25% (MERS B-3) of
final average compensation (MERS FAC-3), not to exceed 80% of
employee's final average compensation.
An employee who retires on or after January 1, 2017 shall
receive a bridged benefit as follows:
a) A pension multiplier of 2.25% for service prior to
January 1, 2017 times the employee’s “frozen final
average compensation”. “Frozen final average
compensation” is defined as the highest compensation in
thirty six consecutive months between the date of hire
and December 31, 2016; plus
b) A pension multiplier of 2.00% for service on or after
January 1, 2017 times the employee’s “termination final
average compensation”. “Termination final average
compensation” is defined as the highest compensation in
thirty six consecutive months between the date of hire
and date of separation.
The total pension benefit shall not exceed 80% of the
“termination final average compensation”.
Effective January 1, 2012, final average compensation shall not
include more than 240 hours of leave time per year and shall not
include any overtime paid on or after January 1, 2012.
Employees shall also be entitled to the (MERS RS50) spousal
benefit.
51.5 DEFERRED RETIREMENT. Effective April 1, 2007 a former
Employee who is vested (MERS V-10) and is entitled to a deferred
retirement benefit shall receive those deferred benefits
afforded by MERS. A member who elects to receive a deferred
retirement shall receive the benefit that was in place at the
time they left employment.
51.6 DISABILITY BENEFITS. Effective April 1, 2007 an
Page 51
Employee eligible for duty-related disability benefits, as
determined by MERS, shall receive those disability benefits
afforded by MERS (MERS D-2).
51.7 RETIREMENT ELIGIBILITY. Vested employees are eligible
to retire at age sixty (60) or at age fifty-five (55) with
thirty (30) years of service (MERS F55/30).
51.8 WITHDRAWAL OF EMPLOYEE CONTRIBUTIONS. To the extent
allowed by MERS, an Employee who retires on or after April 1,
2007 may elect to be paid a refund of the accumulated
contributions standing to the member's credit at the effective
date of retirement. Upon election of this refund provision, the
retiree's MERS pension payment options shall be reduced by an
amount that is actuarially equivalent to the refunded
accumulated contributions.
51.9 OUTSTANDING SICK LEAVE. Accumulated sick leave hours
paid out at retirement at three-quarters rate under Section
24.12 will be re-classified as vacation time for purposes of
computing the final average compensation reported to MERS. The
maximum number of reclassified sick leave hours included in the
Employee's frozen or termination FAC computation will be 144
hours.
51.10PURCHASING ADDITIONAL SERVICE CREDIT. To the extent
allowed by MERS, members may purchase additional service credit
at actuarial cost.
51.11POST-RETIREMENT BENEFIT ESCALATOR. The City Commission
will decide each year whether and to what extent a MERS Flexible
E post-retirement benefit shall be given.
SECTION 52 – DEFINED CONTRIBUTION RETIREMENT PLAN
52.1 ELIGIBILITY. The Defined Contribution Retirement Plan
shall be available to all members of this unit that entered the
unit after January 1, 2006.
52.2 CONTRIBUTIONS. From January 1, 2006 through December 31,
2018, Employer shall contribute three percent (3%) of
compensation. Effective January 1, 2019, Employer shall
contribute six percent (6%) of compensation for every employee
covered by this collective bargaining agreement.
Prior to January 1, 2019, the member in this plan may make a
one-time election either not to contribute or to contribute
three percent (3%) of compensation. If the member elects to
Page 52
contribute, then Employer shall match that contribution, dollar-
for-dollar.
Effective January 1, 2019, for any employee hired prior to
January 1, 2019 and had elected to contribute three percent (3%)
of compensation, Employer shall match the contribution dollar-
for-dollar, with the Employer’s match being limited to 2% of
compensation. An election, which would have been made at the
time the employee was hired, to not contribute shall continue.
For any employee hired after January 1, 2019, the member may
make a one-time election either not to contribute or to
contribute two percent (2%) of compensation. If the member
elects to contribute two percent (2%) of compensation, then
Employer shall match that contribution, dollar-for-dollar.
"Compensation" shall be Medicare-taxable wages as reported on
the employee's W-2 Form.
52.3 VESTING. Member contributions, including any member
contributions transferred from the Defined Benefit Retirement
Plan, shall be fully vested when made. Employer contributions,
including any non-member contribution transferred from the
Defined Benefit Retirement Plan, shall become vested according
to the following schedule:
20% after the first full year of service;
40% after the second full year of service;
60% after the third full year of service;
80% after the fourth full year of service; and
100% after the fifth full year of service.
A year of coverage will include time on the Employer’s
payroll and a member of the Defined Benefit Retirement Plan.
52.5 INTERNAL REVENUE CODE COMPLIANCE. This plan shall fully
comply with all Internal Revenue Code provisions, regulations,
and rulings. To the extent that there is a conflict, the
Internal Revenue Code supersedes any collective bargaining
agreement provision.
SECTION 53 – DEFERRED COMPENSATION ACCOUNT
The Employer agrees to match employee contributions to the
Internal Revenue Code Section 457 (Deferred Compensation)
Retirement plan on a $1 for $1 basis in the amount of $2000 per
employee per year.
Page 53
SECTION 54 - DRUG TESTING
All employees covered by this contract shall be covered by the
Employer’s drug and alcohol policy. Drug testing will be
applied as provided for in Appendix F. Random drug testing will
apply only to employees in positions requiring a C.D.L. as
specified in Section 50.1.
SECTION 55 – BEACH PARKING PASSES
Each non-resident employee covered by this Agreement shall be
provided two (2) non-resident seasonal beach parking passes.
Each resident employee covered by this agreement is entitled to
receive a maximum of two (2) resident seasonal beach parking
passes per year, including any passes granted based on their
residency. If requested by the employee, a launch ramp permit
will be issued instead of beach parking passes.
SECTION 56 - DURATION
This Agreement shall be in effect from January 1, 2026, to June
30, 2029, inclusive, and from year to year thereafter subject to
sixty (60) calendar days' notice in writing prior to the
expiration of this Agreement of a desire to amend or modify this
Agreement. All provisions of this Agreement not specifically
amended or modified through subsequent written agreements shall
remain in full force and effect.
54.1 In the event of a failure of the parties to reach an
agreement upon such amendments or modifications by December 31,
2021, all subsequent agreements shall be retroactive not to
exceed thirty (30) calendar days from the date of final
agreement; provided that such retroactivity shall not precede
the expiration date of this Agreement.
54.2 In the event of a failure of the parties to reach an
agreement upon such amendments or modifications through any
agreement subsequent to June 30, 2029, this written Agreement
shall be subject to termination upon thirty (30) days' prior
notice of such action by either party.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
SECTION 57 – EMERGENCY MANAGER
Pursuant to the Local Government and School District Fiscal
Accountability Act (“Act”), MCL § 141.1501 et. seq., an
emergency manager may be appointed and they shall be allowed to
Page 54
reject, modify or terminate this collective bargaining agreement
as provided for in the Act.
Remainder of page left intentional blank
Page 55
LOCAL 517M, Unit 2
____________________________________
Dated: Labor Representative, Christine
Stressman
____________________________________
Dated: Unit President, David Harvey
CITY OF MUSKEGON
____________________________________
Dated: Ken Johnson, Its Mayor
____________________________________
Dated: Ann Marie Meisch, Its City Clerk
Page 56
Appendix A - Wage Scale
April 12-month C.P.I. for the Detroit-Warren-Dearborn, Michigan all items, not seasonally adjusted - U.S. Bureau of Labor Statistics CPI:
Position Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Rate Increase Year
$ 73,450.77 $ 76,509.95 $ 79,570.34 $ 82,631.96 $ 85,691.14 $ 88,752.75 $ 91,813.15 N/A 2025
$ 74,552.53 $ 77,657.60 $ 80,763.90 $ 83,871.44 $ 86,976.51 $ 90,084.05 $ 93,190.35 1.50% January 1, 2026
Chief Water Operator 1 $ 75,670.81 $ 78,822.46 $ 81,975.36 $ 85,129.51 $ 88,281.15 $ 91,435.31 $ 94,588.20 1.50% July 1, 2026
$ 76,805.88 $ 80,004.80 $ 83,204.99 $ 86,406.45 $ 89,605.37 $ 92,806.84 $ 96,007.03 1.50% July 1, 2027
$ 77,957.96 $ 81,204.87 $ 84,453.06 $ 87,702.55 $ 90,949.45 $ 94,198.94 $ 97,447.13 1.50% July 1, 2028
$ 69,117.53 $ 71,242.17 $ 73,364.37 $ 75,482.92 $ 77,607.55 $ 79,732.19 $ 81,851.95 N/A 2025
$ 70,154.30 $ 72,310.80 $ 74,464.83 $ 76,615.16 $ 78,771.67 $ 80,928.17 $ 83,079.73 1.50% January 1, 2026
Building Inspector, Electrical Inspector,
2 $ 71,206.61 $ 73,395.46 $ 75,581.81 $ 77,764.39 $ 79,953.24 $ 82,142.09 $ 84,325.93 1.50% July 1, 2026
Plumbing/Mechanical Inspector
$ 72,274.71 $ 74,496.39 $ 76,715.53 $ 78,930.85 $ 81,152.54 $ 83,374.22 $ 85,590.82 1.50% July 1, 2027
$ 73,358.83 $ 75,613.84 $ 77,866.27 $ 80,114.82 $ 82,369.83 $ 84,624.84 $ 86,874.68 1.50% July 1, 2028
$ 59,730.05 $ 61,992.88 $ 64,251.93 $ 66,514.75 $ 68,775.06 $ 71,035.37 $ 73,296.93 N/A 2025
$ 60,626.00 $ 62,922.77 $ 65,215.70 $ 67,512.47 $ 69,806.69 $ 72,100.90 $ 74,396.39 1.50% January 1, 2026
Water Filtration Maintenance Worker 3 $ 61,535.39 $ 63,866.61 $ 66,193.94 $ 68,525.16 $ 70,853.79 $ 73,182.41 $ 75,512.33 1.50% July 1, 2026
$ 62,458.42 $ 64,824.61 $ 67,186.85 $ 69,553.04 $ 71,916.59 $ 74,280.15 $ 76,645.02 1.50% July 1, 2027
$ 63,395.30 $ 65,796.98 $ 68,194.65 $ 70,596.33 $ 72,995.34 $ 75,394.35 $ 77,794.70 1.50% July 1, 2028
$ 55,210.06 $ 57,216.66 $ 59,226.91 $ 61,235.94 $ 63,244.98 $ 65,251.58 $ 67,261.83 N/A 2025
Electronics Technician, Heating Inspector, Housing
$ 56,038.21 $ 58,074.91 $ 60,115.32 $ 62,154.48 $ 64,193.65 $ 66,230.35 $ 68,270.75 1.50% January 1, 2026
Inspector, Housing Rehab Inspector, Maintenance
4 $ 56,878.79 $ 58,946.04 $ 61,017.05 $ 63,086.80 $ 65,156.56 $ 67,223.80 $ 69,294.81 1.50% July 1, 2026
Electrician, Water Filtration Plant Operator, Civil
$ 57,731.97 $ 59,830.23 $ 61,932.30 $ 64,033.10 $ 66,133.90 $ 68,232.16 $ 70,334.24 1.50% July 1, 2027
Engineer, GIS Technician
$ 58,597.95 $ 60,727.68 $ 62,861.29 $ 64,993.60 $ 67,125.91 $ 69,255.64 $ 71,389.25 1.50% July 1, 2028
$ 53,078.13 $ 54,998.33 $ 56,916.10 $ 58,838.73 $ 60,755.29 $ 62,680.35 $ 64,596.91 N/A 2025
$ 53,874.30 $ 55,823.31 $ 57,769.84 $ 59,721.32 $ 61,666.61 $ 63,620.56 $ 65,565.86 1.50% January 1, 2026
Chemist 5 $ 54,682.42 $ 56,660.66 $ 58,636.39 $ 60,617.14 $ 62,591.61 $ 64,574.87 $ 66,549.35 1.50% July 1, 2026
$ 55,502.65 $ 57,510.56 $ 59,515.93 $ 61,526.39 $ 63,530.49 $ 65,543.49 $ 67,547.59 1.50% July 1, 2027
$ 56,335.19 $ 58,373.22 $ 60,408.67 $ 62,449.29 $ 64,483.45 $ 66,526.64 $ 68,560.80 1.50% July 1, 2028
$ 51,187.13 $ 53,027.02 $ 54,868.13 $ 56,705.58 $ 58,550.34 $ 60,389.01 $ 62,225.25 N/A 2025
$ 51,954.94 $ 53,822.43 $ 55,691.15 $ 57,556.17 $ 59,428.59 $ 61,294.85 $ 63,158.63 1.50% January 1, 2026
Senior Engineering Aide, Zoning Environmental Inspector 6 $ 52,734.26 $ 54,629.76 $ 56,526.52 $ 58,419.51 $ 60,320.02 $ 62,214.27 $ 64,106.01 1.50% July 1, 2026
$ 53,525.28 $ 55,449.21 $ 57,374.41 $ 59,295.80 $ 61,224.82 $ 63,147.48 $ 65,067.60 1.50% July 1, 2027
$ 54,328.16 $ 56,280.95 $ 58,235.03 $ 60,185.24 $ 62,143.20 $ 64,094.70 $ 66,043.61 1.50% July 1, 2028
$ 49,832.77 $ 51,615.47 $ 53,400.60 $ 55,185.73 $ 56,967.21 $ 58,751.12 $ 60,533.82 N/A 2025
$ 50,580.26 $ 52,389.70 $ 54,201.60 $ 56,013.51 $ 57,821.71 $ 59,632.39 $ 61,441.82 1.50% January 1, 2026
Maintenance Operator II 7 $ 51,338.96 $ 53,175.54 $ 55,014.63 $ 56,853.72 $ 58,689.04 $ 60,526.87 $ 62,363.45 1.50% July 1, 2026
$ 52,109.05 $ 53,973.18 $ 55,839.85 $ 57,706.52 $ 59,569.38 $ 61,434.78 $ 63,298.90 1.50% July 1, 2027
$ 52,890.68 $ 54,782.77 $ 56,677.45 $ 58,572.12 $ 60,462.92 $ 62,356.30 $ 64,248.39 1.50% July 1, 2028
$ 48,585.49 $ 50,321.95 $ 52,053.53 $ 53,785.12 $ 55,517.93 $ 57,249.52 $ 58,982.32 N/A 2025
$ 49,314.27 $ 51,076.77 $ 52,834.34 $ 54,591.90 $ 56,350.70 $ 58,108.26 $ 59,867.06 1.50% January 1, 2026
Environmental Inspector 8 $ 50,053.99 $ 51,842.93 $ 53,626.85 $ 55,410.78 $ 57,195.96 $ 58,979.88 $ 60,765.06 1.50% July 1, 2026
$ 50,804.80 $ 52,620.57 $ 54,431.26 $ 56,241.94 $ 58,053.90 $ 59,864.58 $ 61,676.54 1.50% July 1, 2027
$ 51,566.87 $ 53,409.88 $ 55,247.72 $ 57,085.57 $ 58,924.71 $ 60,762.55 $ 62,601.69 1.50% July 1, 2028
$ 46,479.11 $ 48,036.69 $ 49,600.35 $ 51,160.36 $ 52,722.81 $ 54,282.82 $ 55,841.61 N/A 2025
$ 47,176.29 $ 48,757.24 $ 50,344.35 $ 51,927.77 $ 53,513.65 $ 55,097.06 $ 56,679.24 1.50% January 1, 2026
Engineering Aide I 9 $ 47,883.94 $ 49,488.59 $ 51,099.52 $ 52,706.68 $ 54,316.35 $ 55,923.52 $ 57,529.43 1.50% July 1, 2026
$ 48,602.20 $ 50,230.92 $ 51,866.01 $ 53,497.28 $ 55,131.10 $ 56,762.37 $ 58,392.37 1.50% July 1, 2027
$ 49,331.23 $ 50,984.39 $ 52,644.00 $ 54,299.74 $ 55,958.06 $ 57,613.80 $ 59,268.25 1.50% July 1, 2028
$ 38,367.53 $ 39,670.79 $ 40,977.69 $ 42,280.95 $ 43,592.72 $ 44,899.63 $ 46,204.10 N/A 2025
$ 38,943.05 $ 40,265.85 $ 41,592.36 $ 42,915.16 $ 44,246.61 $ 45,573.12 $ 46,897.16 1.50% January 1, 2026
Custodian 10 $ 39,527.19 $ 40,869.84 $ 42,216.24 $ 43,558.89 $ 44,910.31 $ 46,256.72 $ 47,600.62 1.50% July 1, 2026
$ 40,120.10 $ 41,482.88 $ 42,849.49 $ 44,212.27 $ 45,583.97 $ 46,950.57 $ 48,314.63 1.50% July 1, 2027
$ 40,721.90 $ 42,105.13 $ 43,492.23 $ 44,875.46 $ 46,267.72 $ 47,654.83 $ 49,039.35 1.50% July 1, 2028
$ 28.71 $ 29.33 $ 29.95 $ 30.58 $ 31.22 $ 31.86 $ 32.47 N/A 2025
$ 29.14 $ 29.77 $ 30.40 $ 31.04 $ 31.69 $ 32.34 $ 32.96 1.50% January 1, 2026
Mechanic, Urban Forester with Tree Trimmer 11 $ 29.57 $ 30.22 $ 30.85 $ 31.51 $ 32.16 $ 32.82 $ 33.45 1.50% July 1, 2026
$ 30.02 $ 30.67 $ 31.31 $ 31.98 $ 32.65 $ 33.31 $ 33.96 1.50% July 1, 2027
$ 30.47 $ 31.13 $ 31.78 $ 32.46 $ 33.14 $ 33.81 $ 34.47 1.50% July 1, 2028
$ 26.80 $ 27.46 $ 28.10 $ 28.74 $ 29.43 $ 30.07 $ 30.72 N/A 2025
$ 27.20 $ 27.87 $ 28.52 $ 29.17 $ 29.87 $ 30.52 $ 31.18 1.50% January 1, 2026
Urban Forester 12 $ 27.61 $ 28.29 $ 28.95 $ 29.61 $ 30.32 $ 30.98 $ 31.64 1.50% July 1, 2026
$ 28.02 $ 28.71 $ 29.39 $ 30.05 $ 30.78 $ 31.44 $ 32.12 1.50% July 1, 2027
$ 28.44 $ 29.14 $ 29.83 $ 30.50 $ 31.24 $ 31.91 $ 32.60 1.50% July 1, 2028
$ 26.33 $ 27.01 $ 27.64 $ 28.37 $ 29.01 $ 29.70 $ 30.36 N/A 2025
$ 26.72 $ 27.41 $ 28.06 $ 28.80 $ 29.44 $ 30.15 $ 30.82 1.50% January 1, 2026
Horticulturalist 13 $ 27.12 $ 27.82 $ 28.48 $ 29.23 $ 29.89 $ 30.60 $ 31.28 1.50% July 1, 2026
$ 27.53 $ 28.24 $ 28.91 $ 29.67 $ 30.33 $ 31.06 $ 31.75 1.50% July 1, 2027
$ 27.94 $ 28.67 $ 29.34 $ 30.11 $ 30.79 $ 31.53 $ 32.23 1.50% July 1, 2028
Position Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Rate Increase Year
Equipment Operator, Inventory and Stock Clerk, $ 25.27 $ 25.91 $ 26.58 $ 27.21 $ 27.83 $ 28.47 $ 29.10 N/A 2025
Maintenance Welder, Sign Fabricator, Traffic Sign
$ 25.65 $ 26.30 $ 26.98 $ 27.62 $ 28.25 $ 28.89 $ 29.54 1.50% January 1, 2026
Maintenance Worker, Water meter Service Worker,
14 $ 26.03 $ 26.70 $ 27.39 $ 28.03 $ 28.67 $ 29.33 $ 29.98 1.50% July 1, 2026
Water/Sewer Maintenance Worker w/ S License,
Cemetery Caretaker, Arborist, Parks Maintenance $ 26.42 $ 27.10 $ 27.80 $ 28.45 $ 29.10 $ 29.77 $ 30.43 1.50% July 1, 2027
Worker II w/ CDL $ 26.82 $ 27.50 $ 28.22 $ 28.88 $ 29.54 $ 30.21 $ 30.89 1.50% July 1, 2028
$ 24.96 $ 25.58 $ 26.21 $ 26.83 $ 27.46 $ 28.10 $ 28.70 N/A 2025
$ 25.34 $ 25.97 $ 26.60 $ 27.23 $ 27.87 $ 28.52 $ 29.13 1.50% January 1, 2026
Small Equipment Mechanic, Parks Maintenance Worker
15 $ 25.72 $ 26.36 $ 27.00 $ 27.64 $ 28.29 $ 28.95 $ 29.57 1.50% July 1, 2026
II, Water/Sewer Maintenance Worker
$ 26.10 $ 26.75 $ 27.41 $ 28.06 $ 28.71 $ 29.39 $ 30.01 1.50% July 1, 2027
$ 26.49 $ 27.15 $ 27.82 $ 28.48 $ 29.14 $ 29.83 $ 30.46 1.50% July 1, 2028
$ 24.05 $ 24.64 $ 25.24 $ 25.86 $ 26.48 $ 27.08 $ 27.66 N/A 2025
$ 24.42 $ 25.01 $ 25.62 $ 26.24 $ 26.88 $ 27.49 $ 28.07 1.50% January 1, 2026
Meter Reader, Parks Maintenance Worker I 16 $ 24.78 $ 25.39 $ 26.01 $ 26.64 $ 27.28 $ 27.90 $ 28.49 1.50% July 1, 2026
$ 25.15 $ 25.77 $ 26.40 $ 27.04 $ 27.69 $ 28.32 $ 28.92 1.50% July 1, 2027
$ 25.53 $ 26.16 $ 26.79 $ 27.44 $ 28.10 $ 28.74 $ 29.35 1.50% July 1, 2028
$ 23.27 $ 23.85 $ 24.42 $ 25.02 $ 25.61 $ 26.20 $ 26.75 N/A 2025
$ 23.62 $ 24.21 $ 24.79 $ 25.40 $ 25.99 $ 26.59 $ 27.15 1.50% January 1, 2026
Mechanic's Assistant 17 $ 23.97 $ 24.58 $ 25.16 $ 25.78 $ 26.38 $ 26.99 $ 27.56 1.50% July 1, 2026
$ 24.33 $ 24.94 $ 25.53 $ 26.16 $ 26.78 $ 27.39 $ 27.97 1.50% July 1, 2027
$ 24.69 $ 25.32 $ 25.92 $ 26.56 $ 27.18 $ 27.80 $ 28.39 1.50% July 1, 2028
$ 22.25 $ 22.81 $ 23.41 $ 23.92 $ 24.49 $ 25.07 $ 25.62 N/A 2025
$ 22.58 $ 23.15 $ 23.76 $ 24.28 $ 24.86 $ 25.44 $ 26.01 1.50% January 1, 2026
Laborer 18 $ 22.92 $ 23.50 $ 24.12 $ 24.64 $ 25.23 $ 25.82 $ 26.40 1.50% July 1, 2026
$ 23.27 $ 23.85 $ 24.48 $ 25.01 $ 25.61 $ 26.21 $ 26.79 1.50% July 1, 2027
$ 23.62 $ 24.21 $ 24.85 $ 25.39 $ 25.99 $ 26.61 $ 27.20 1.50% July 1, 2028
CITY OF MUSKEGON - LOCAL 517M
APPENDIX B
RE: DISCIPLINARY PROCEDURE
Disciplinary action or measures shall include the following:
1. Warning
2. Suspension Without Pay
3. Discharge
Employees with seniority shall be discharged or given
disciplinary suspension only for just cause. Any employee shall
have the right to challenge the propriety of disciplinary action
or discharge through the regular grievance procedure. In the
event of disciplinary action or discharge, the Department Head
shall notify the employee's steward or other union representative,
before he is required to leave the premises. This discussion
shall take place in an orderly and quiet manner so as not to cause
unnecessary disturbance or commotion within the building. The
union representative will be called promptly, before a
disciplinary action is given. If the employer has reason to
reprimand or discipline an employee, it shall be done in a manner
that will not embarrass the employee before fellow employees or
the public.
Classification of Misconduct:
Group 1 - Minor Offenses
Group 2 - Intermediate Offenses
Group 3 - Major Offenses
Disciplinary action shall be imposed upon with respect to each of
the groups of offenses as hereinafter set forth.
GROUP 1 OFFENSES
a. Habitual tardiness at commencement of work day or after
lunch. (Habitual shall be interpreted to mean five (5)
instances per year without sufficient reason.)
b. Absenteeism without sufficient reason or proper notification.
c. Disregard of safety rules or common safety practices.
d. Abuse of coffee break time.
2065M/02-08-92/45
APENDIX B - Continued
RE: DISCIPLINARY PROCEDURE
e. Faulty work and/or covering up faulty work.
f. Any offense in either Group 2 or 3.
The disciplinary procedure in this group shall be: First
Offense, written warning; Second Offense, one day suspension without
pay; Third Offense, three day suspension without pay; Fourth
Offense, seven day suspension without pay; and Fifth Offense,
discharge. The violation shall be cumulated for a period of not more
than one (1) year.
GROUP 2 OFFENSES
a. Unprofessional conduct.
b. Injurious or dangerous pranks.
c. Fighting on the premises. (Quarreling not considered
fighting.)
d. Making or publishing of false and vicious or malicious
statements concerning any employee, department head, or the
City.
e. Willful malicious destruction of City property.
f. Unjustified abuse of the public, verbal or physical.
g. Willful disobedience to the proper directive of a supervisor, or
other acts of insubordination.
h. Any offense in Group 3.
The disciplinary procedure in this group shall be: First
Offense, three day suspension without pay; Second Offense, seven day
suspension without pay; Third Offense, discharge. The violations
shall be cumulated for a period of not more than eighteen (18)
months.
2065M/02-08-92/45
APENDIX B - Continued
RE: DISCIPLINARY PROCEDURE
Group 3 OFFENSES
a. The willful misuse of City property.
b. The removal from the premises, without prior authorization, of
any City records, confidential information, or other City
property, except as necessary in the performance of an
employee's duty.
c. Theft of any property of a fellow employee, or of the City.
d. Knowingly falsifying any time keeping records, or intentionally
giving false information to anyone whose duty it is to make such
records.
e. Consumption of any alcoholic beverages during work hours.
f. Use of controlled substances without doctor's prescription.
g. Absence of three consecutive working days without notice or
leave and without justifiable reason for failure to report.
The disciplinary action in this group shall be grounds for immediate
discharge.
When discipline is to be imposed upon any employee, the Department
Head shall at once advise the union representative and the employee
of the offense and the penalty.
When it appears probable that the employee's unacceptable behavior is
caused by physiological or emotional problems that will not be
resolved by the disciplinary procedures set forth in this section,
the Department shall endeavor, with the cooperation of the City and
County agencies, to assist the employee in resolving the problems
that have given rise to the unacceptable behavior.
Note: it is not possible to provide a scanned copy of the
original version of this appendix on this intranet site. This is
an exact recreation of the original in Word format. Handwritten
dates on the original document appear here in parentheses [) and
where signatures appear on the original documents, here they are
left blank.
2065M/02-08-92/45
CITY OF MUSKEGON - S.E.I.U. LOCAL 517M UNIT 2
APPENDIX C
RE: WATER AND MASTER AUTOMOTIVE SERVICE EXCELLENCE (ASE) LICENSES
The following maximum annual bonuses shall be in effect for employees of the Water Filtration Plant and
employees of the Water/Sewer Maintenance Department possessing State of Michigan Environment,
Great Lakes, and Energy (“EGLE”) Operator's Certificate.
F-1 Certificate $1,300.00
F-2 Certificate $1,000.00
F-3 Certificate $ 650.00
S-1 Certificate $1,000.00
S-2 Certificate $ 800.00
S-3 Certificate $ 600.00
The following maximum annual bonus shall be in effect for employees in a Mechanic position and
possessing master Automotive Service Excellence (ASE) Certificate.
Master ASE Certificate $1,500.00
Payouts will be in one lump sum in December of each year. This payment will be in conjunction with the
December longevity payment.
City shall pay to maintain the CDL and necessary endorsements, i.e., the difference between a normal
driver's license and the amount required for the CDL with endorsements for employees who do not
receive any other monies pursuant to Appendix C.
The following maximum annual bonus shall be in effect for employees possessing an Emergency Vehicle
Technician (EV) Certificate.
Emergency Vehicle Technician (EVT) Certificate $500
(Water Licenses)- Effective 1/1/09, the requirement to pay Employees for licenses when they are required
for their position will be eliminated. The City agrees that this would only apply to new employees in these
positions and would not affect payments being made to current employees. Annual payments of $140 for
maintaining an S-4 certificate will continue to be made to Michael Armstrong, Robert Holstrom, Joseph
Huffman, Dan Love Jr., and Elton Williams.
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
ADMINISTRATIVE REGULATIONS GOVERNING
DRUG AND ALCOHOL USE AND ABUSE
I – PURPOSE
The City of Muskegon is dedicated to the well-being and safety of our employees, and the
community we serve. We’re also committed to the successful operation of our city for its
citizens. We’re committed to improving employee productivity and in servicing the needs and
demands of our employees and residents.
We abide by the Federal Drug Free Workplace Act of 1988 (§4804 of the Anti-drug Abuse Act of
1988). We must comply with the regulations of the Federal Highway Administration, Department
of Transportation (DOT) Qualification of Drivers and Procedures for Transportation Workers Drug
Testing Programs (49 CFR, Part 40 and 382).1 We’re also covered by the Americans with
Disabilities Act (Public Law 101-336, July 1990). Finally, we must comply with Michigan’s Motor
Carrier Safety Act No. 339 of 1990 (MCL 480.11) and all revisions to that act, specifically, public
Act No. 100 of 1991.
In the City of Muskegon, we’re striving to provide a working environment that is free from the
unlawful or illegal consuming, growing, producing, giving, sharing, possessing, selling,
manufacturing, or transporting of any controlled or illegal substance.
We are, therefore, setting up these regulations based upon the federal regulations governing
the use and abuses of alcohol and/or illegal or otherwise, controlled substances in our
workplace.
II –POLICY
A. ILLEGAL AND UNAUTHORIZED DRUGS: The City of Muskegon attempts to provide a drug
free, healthful, safe and secure working environment.2 None of our employees will
report to work displaying the effects of illegal, illicit, controlled or unauthorized drugs. No
employee will take, make, sell, give, transport or possess a controlled or illegal substance
listed within the context of the Controlled Substance Act (CSA). This specifically includes
all Schedule I. and II. substances as well as Schedule III. through V. Substances being
used or possessed without approval or authorization.
B. CONTROLLED SUBSTANCE LEVELS: All substance testing will be accomplished according
to the guidelines established by the U.S. Department of Health and Human Services and
the Department of Transportation, 49 CFR Parts 40, 382 and 391.3 Testing is required for
the following five substances, the use of which we consider unacceptable in our business
environment.
1. Amphetamines: (Cutoff level of 1,000 NG/ml)
a. Amphetamine confirmatory level of 500 NG/ml)
b. Methamphetamine confirmatory testing levels of 500 NG/ml
2. Cocaine: (Cutoff level of 300 NG/ml)
a. Metabolite confirmatory levels of 150 NG/ml
b. Benzoylecgonine
3. Marijuana: (Cutoff level of 50 NG/ml)
a. Metabolite Confirmatory level of 15 NG/ml
b. Delta-9-tetrahydrocannabinol
1 49 CFR, Part 382, § 107
2 49 CFR, § 382.103(a)
3 49 CFR, Part 40, § 40.29(e)
1
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
4. Opiates: (Cutoff level of 300* NG/ml)
a. 25 NG/ml if immunoassay specific for free morphine
b. Morphine confirmatory levels of 300 NG/ml
c. Codeine confirmatory levels of 300 NG/ml
5. Phencyclidine: (Cutoff level of 25 NG/ml)
a. Metabolite confirmatory level of 25 NG/ml)
6. Test Use: Any urine specimens collected may only be used to test for controlled
substances designated or approved for testing and shall not be used to conduct any
other analysis or test unless otherwise specifically authorized by FHWA regulations.
Always, the Chain of Custody will show the test required.4
a. Split Samples5 : The specimen collected must consist of not less than 45 milliliters
of urine, 30 of which are poured into a container for initial testing and 15 ml of
which will be poured into a second container for storage by the testing
laboratory for not less than 60 days from receipt of both specimens by the lab.
b. The split sample confirms contested positive test results if the primary sample
shows a positive test result. The split sample will result in a negative report if it
overturns a previously reported positive test.
c. Further, our program does not prohibit procedures incidental to an analysis of the
specimen for controlled substances.
C. ALCOHOLIC BEVERAGES: The use of alcoholic beverages by employees affects safe
and efficient operations. No employee will use or possess alcoholic beverages during
working hours.6 Further, no employee shall report to work while under the influence of
alcoholic beverages, displaying the effects of having used alcohol, or within four (4)
hours of having used alcohol.7
1. The odor of alcohol on any employee’s breath is reason for us to believe that the
employee has used and may be under the influence of alcohol. Any employee who
engages in such conduct may be subject to discipline, up to and including
immediate termination. Termination action, under these administrative regulations
will be initiated when:
a. An employee refuses to submit to a required preliminary breath test (PBT)
followed by an evidential breath test (EBT) or any other DOT-approved test to
measure the extent and level of alcohol within a worker’s body.8
b. An employee tests above .04 percent Breath Alcohol Level (BAL) and refuses
assessment or fails to complete the treatment plan prescribed by the assessment
professional.
c. Tests above .07 percent BAL while reporting for duty, while on duty, or within eight
(8) hours following a reportable accident.
D. NOTIFICATION OF CRIMINAL CONVICTION: All employees will notify the City of Muskegon
of any criminal drug statute conviction.
4 49 CFR, §391.93
5 49 CFR, Part 40, § 40.25 (B) (1)
6 49 CFR, § 382.205
7 49 CFR, § 382.207
8 49 CFR, §382.211
2
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
E. NOTIFICATION OF CIVIL OR CRIMINAL DRIVING INFRACTION CONVICTIONS: Likewise, any
and all employees will notify the City of Muskegon of any civil or criminal driving
conviction resulting from an arrest for impaired driving or operating under the influence
moving violation or related offense.
1. The employee must notify their immediate supervisor, in writing, of any such
conviction for drug or alcohol within twenty-four (24) hours of the conviction. The
immediate supervisor will report the incident to the Human Resources Department of
the City of Muskegon. Such convictions include:
a. Refusal to submit to chemical test (Michigan Implied Consent Law).
b. Operating with an unlawful blood alcohol level (UBAL) of .10 percent or more
c. Operating under the influence of liquor (OUIL).
d. Operating under the influence of drugs (OUID).
e. Operating while impaired (OWI) by alcohol and/or other drugs.
2. This provision also requires each employee to notify the City of Muskegon, in writing,
within twenty-four hours or by the end of the next business day of any such action
involving:
a. Any license suspension or revocation.
b. Any cancellation, lost privilege or disqualification.
F. AMNESTY AGREEMENT: It is not the intent of the City of Muskegon to cause undue
hardships, prolong suffering caused by addiction or dependence to controlled
substances or alcohol, or invoke unreasonable disciplinary action. We are urging any of
our employees who may have a problem to come forward before the first testing takes
place. Those who voluntarily come forward can expect:
1. COMPLETE and total confidentiality, and
2. Prompt referrals to certified and licensed substance abuse professionals capable of:
a. Providing accurate and clinically sound assessments.
b. Referrals to licensed and experienced employee assistance providers, and
3. REASONABLE EXPECTATIONS of return to duty provided:
a. All terms and conditions of any treatment plan are fully met, and
b. The employee is capable of holding a current license allowing them to retain
employment in that classification, and
c. Is not medically disqualified from operating any commercial motor vehicle (CMV).
4. ANY EMPLOYEE failing to meet any of the stipulations contained in the preceding
paragraph can expect appropriate levels of disciplinary action up to and including
termination of employment.
5. EMPLOYEE FAILING to come forward under this last chance agreement and who are
found to have a positive test under the provisions of Part III (following) of these
regulations can expect to be subjected to the appropriate levels of discipline.
III –DRUG AND ALCOHOL SCREENING:
All substance testing will be done by a reliable hospital or independent laboratory using
qualified and trained medical technicians or professionals.
A. EMPLOYEES will be transported to and from the collection site in all cases involving
reasonable suspicion, cause or post-accident testing.
3
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
1. The employee’s department head will make final determination whether to suspend
employees or not, and/or with or without pay.
2. Should the tests prove negative, the employee will be returned to work without.
discipline or loss of pay. Positive testing of drug or alcohol use or abuse or refusal to
submit to this testing can be grounds for discipline up to and including termination.
B. OFF DUTY ALCOHOL USE: No City employee engaged in operating a commercial motor
vehicle will consume any alcoholic beverage within four (4) hours of expected starting
time or beginning a safety-sensitive function.9
1. ANY EMPLOYEE called to work and having consumed alcohol within the four (4) hour
period will advise their supervisor or dispatcher they are unable to report to work.
2. BREATH ALCOHOL LEVEL OF .02 TO .04 PERCENT: Federal Motor Carrier Safety
Regulation (FMCSR) 392.5 A person, whether licensed or not, whose breath contains
.02 percent or more but less than .04 percent by weight of alcohol shall not operate
a commercial motor vehicle within the State of Michigan. Any operator found
operating a commercial motor vehicle in this condition is subject to suspension up to
and including termination.
a. Any vehicle or equipment being operated by an employee testing positive for
alcohol use to these levels will be shut down, locked, secured, or otherwise
locked-out and tagged-out until a designated representative of the City can
retrieve the vehicle and/or equipment.
b. Any employee found to have violated the mandatory twenty-four (24) hour
stand down order will be considered violating these regulations and appropriate
disciplinary action can be taken.
c. Any employees who operate a publicly-owned commercial motor vehicle
violating law enforcement imposed out-of-service order may be guilty of a
misdemeanor and may have their CDL suspended for (1) year. Such an action
would disqualify that employee from continued employment as a driver.
d. Any employee refusing to submit to a Preliminary Breath Test (PBT) for cause or
whose breath alcohol level measures .02 percent or more but less than .04
percent as measured by a PBT and confirmed by an Evidential Breath Test (EBT)
will be suspended for 24 hours.
The employee who refuses to submit to PBT or EBT and was operating a
commercial motor vehicle will be considered to have a BAL. of above .04
percent and is medically disqualified from operating a commercial motor
vehicle until they can successfully pass a chemical analysis of breath and submit
to an assessment by a licensed substance abuse professional.
(i). Under the terms of 49 CFR, part 382, subpart A, 382211, No employer shall
allow a driver who refuses to submit to a required alcohol or controlled
substance test to perform or continue to do safety-sensitive functions.
9 49 CFR, Part 382, §382.207
4
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
IV- EMPLOYMENT CONSIDERATION TESTING10:
All regulated (safety-sensitive) applicants must submit to and pass a urine drug screening test to
be considered for employment.
A. POST-OFFER CANDIDATES: All other job candidates, if appropriate, will submit to, and
pass a urine drug screen.
1. An applicant who has received a firm job offer is cautioned against giving notice at
their current position, selling real estate, or incurring other costs associated with
accepting employment with the City of Muskegon until drug screening testing
clearance has been received. Under no circumstances should a new employee
report for work until clearance is received by the City.
2. If an applicant protests a positive urine drug test screening result, the City may
exercise its discretion to allow the applicant to submit the split sample portion of the
original specimen, immediately and without prior notice, for testing. An applicant
who refuses screening will be denied any further consideration.
3. If the split-sample urine drug screen test is requested, the applicant will pay for the
test. If the split sample test is reported as a negative, the employee will be
reimbursed for the cost of the split sample test. If the split sample test results overturn
a first test positive, the test will be considered a negative and a copy of the second
test results will be placed in the employee’s drivers or personnel file and a copy
provided to the employee or applicant.
V – REASONABLE SUSPICION OR FOR CAUSE TESTING:
Any employee whose performance suggests that they are unfit for duty and are possibly using
or abusing drugs or alcohol will be subject to a drug or alcohol screening test.11
A. REASONABLE SUSPICION: For the purposes of our regulations, the term “reasonable
suspicion” applies to only testing for controlled substances. The tern, “reasonable
cause”, applies to testing for consumption and use of alcohol.
B. JUSTIFICATION OF REASONABLE SUSPICION TESTING: A trained supervisor may insist on a
reasonable suspicion drug or reasonable cause alcohol test any time he or she has a
valid and supportable reason to believe that the employee’s actions, behavior,
appearance or symptoms suggest the use or abuse or illegal or unauthorized drugs
and/or alcohol. The trained supervisor must document incidents of reasonable
suspicion (for cause) and the justification should include two or more of the indicators
contained on the Supervisor’s Incident Report (AD-102) and as outlined in Paragraph C
of this section except reportable accidents.
1. A trained supervisor is one who has received not less than 60 minutes of initial
training in detecting the signs and symptom of drug use and 60 minutes in detecting
the signs and symptoms of alcohol use and abuse.12
10 49 CFR, Part 382, Subpart C, §382.301
11 §382.307
12 49 CFR, Part 382, Subpart C, §382.307 and Subpart F, §382.603
5
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
2. Where possible and practicable, the supervisor making the initial observation shall
enlist the assistance of another trained supervisor to confirm their observations within
the expectation of employee privacy and confidentiality.
a. In cases where it is not possible to obtain eyewitness support, the supervisor may
obtain telephonic or electronic confirmation of his or her observations.
C. DRUG OR ALCOHOL SCREENING TESTS: Approved tests will be required of a specific
employee, or group of employees, anytime the City, based upon the observations of a
trained supervisor, thinks that such testing may be appropriate, including, but not limited
to the following:13
1. Employee absenteeism or tardiness
2. Accident investigation
3. Unexplained deterioration of individual job performance
4. A significant change in the individual’s personality
5. Reports that an individual employee, or groups of employees, have been using
drugs or alcohol violating this policy.
6. Admission regarding the employee’s use of drugs or alcohol.
7. Unexplained absences from the normal workplace when there is reason to suspect
drug or alcohol-related activity violating this policy
8. Smell or odor suggesting the presence of drugs or alcohol.
9. Behavior suggesting the employee is under the influence of drugs or alcohol.
10. Safety violation including injuries.
VI - POST-ACCIDENT TESTING:
Any employee involved in a reportable vehicle accident14 while operating any vehicle owned
or operated by the City of Muskegon may be required to submit to a urine drug screen or
Evidential Breath Test. By definition, the City of Muskegon considers an accident reportable
when:
A. ACCIDENT: An accident resulted in personal injury requiring medical attention15, or
B. CITATION: An employee was cited by an investigating law enforcement agency,16, or
C. Any vehicle or heavy equipment involved in the accident is unable to be driven from the
scene under its own power.17
VII – RANDOM AND PERIODIC SELECTION: (CDL’s only)
A. RANDOM SELECTION: All CDL employees will be included in casual selections of
employees to undergo unannounced urine drug screens and alcohol tests. Such casual
selections are called random tests and selection will be conducted from a pool of eligible
workers employed by the City.18 Selection will be based upon:
1. Regulated Selection: A casual or random draw of the selected employees from a
pool containing the last four digits of employee social security numbers of all
regulated employees.
13 §382.307 (a) (b) (c) 9d)
14 §382.303
15 City of Muskegon Work Rule
16 49 CFR, Part 382, Subpart C, §382.303 (a) (2) and (b) (2)
17 City of Muskegon Work Rule
18 §382.305 (e) (f)
6
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
a. Random Drug Tests will equal not less than 50 percent of all employees listed within
the pool in a calendar year.19
b. Random Alcohol Tests will equal not less than 25 percent of all employees listed
within the pool for at least the first year of operation.
c. Random alcohol tests may be selected from those to participate in the drug
screen random selection provided;
(i.) Each employee within the pool has an equal chance of being selected for
either or both tests.
(ii.) If industry wide positive levels exceed more than one (1) percent for two
years running, the random alcohol testing rate will increase to fifty (50)
percent.
(iii.) If industry wide levels fall below one (1) percent positives for two years
running, the random alcohol rate will fall to ten (10) percent.
VII – TEST LEVELS
For the purposes of these regulations, any employee will be considered to have failed (with a
positive test result) any administered urine drug screen if, after analysis, test levels exceed the
established cut-off levels and show the use of a controlled substance included in Schedule I or II
as defined by §802(6) of Title 21 of the United States Code (Section §802(6) of Title 21, Food &
Drugs): the possession of which is unlawful under Chapter 13 of that title (§801 et seq. of Title 21).
The term illegal drug does not mean the use of a controlled substance pursuant to a valid
prescription of other uses authorized by law. Valid prescriptions used following the physician’s
instructions must be recorded and treated as negative test results.
IX – CONFIDENTIALITY
All actions taken by the City of Muskegon under the authority of these regulations will be taken to
insure the confidentiality of the employees.20 Information related to investigations, possible
employee violations, or drug or alcohol screening tests results will be made available only on a
strict “need-to-know” basis.
A. NEED-TO-KNOW: For the purposes of our regulations, “need to know” is limited to:
1. Auditors or Enforcement Officials of the U.S. Department of Transportation,
Department of Transportation, Motor Carrier Division of the Michigan State Police, or
2. The regulation administrator’s principal, Specialists Limited, or
3. The appropriate level of management of the Human Resources Department of the
City of Muskegon, the City Manager and appropriate department heads, or
4. The Medical Review Officer (MRO) responsible for interpreting the results of a urine
drug screen, or
5. The Substance Abuse Professional (SAP) responsible for learning the extent and
degree of addiction or dependence on alcohol and drug resulting from a positive
alcohol EBT.
B. CONFIDENTIAL DISCUSSIONS: All discussions with employees will be conducted as
privately as circumstances permit. The employee may exercise his rights under the terms
of the collective bargaining agreement to have his or her union representative present if
they so desire. The union representative is bound by the same rules of confidentiality as
those with a need-to-know as shown in Paragraph A., parts 1 through 7 (above).
19 §382.305 (g)
20 49 CFR, Part 382, Subpart D. §382.401
7
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
X – SUSPENSIONS
Any employee, support person, supervisor, or administrator who is sent for an illegal drug or
alcohol test, may be suspended immediately21 (with pay). However, once a test is positive, then
appropriate actions will be taken. Successful completion of a voluntary, supervised substance
abuse treatment or rehabilitation program will reduce the level of disciplinary action for first time
offenders.
A. POSITIVE TEST RESULTS: If, first positive test with rehabilitation, there will be no termination;
second positive within 18 months may terminate; second positive within 18 months may
terminate; second positive after 2 years, there will be no termination; third positive any
time, will constitute termination.
XI – EMPLOYEE ASSISTANCE
The City of Muskegon actively supports the Employee Assistance concept.22 This program openly
promotes the treatment of employees suffering from addiction or abuse problems. As a matter
of policy, we provide our employees, support personnel, supervisors and administrators with
information regularly. This information will include dangers of abuse, awareness, community and
professional efforts and community or private treatment availability. We cannot, however,
financially support an employee who voluntarily submits to treatment beyond the benefits
normally provided by virtue of our existing health care program, medical insurance or employee
assistance program.
A. SUBSTANCE ABUSE ASSESSMENTS: Employees testing positively for alcohol use following an
Evidential Breath Test will be afforded the opportunity to undergo an assessment by a
licensed and certified Substance Abuse Professional.23 The SAP will be trained at minimum
to the level of MSW (Masters of Social Work) and preferably be a Clinical Psychologist.
B. THE SUBSTANCE ABUSE PROFESSIONAL (SAP) may prescribe a treatment or rehabilitation
program for a positive tested employee following the initial assessment.
1. A positively tested employee refusing assessment may be terminated from continuing
employment.
2. A positively tested employee failing to complete the prescribed treatment plan may
be terminated from continuing employment
3. A positively tested employee testing positive following treatment may be terminated
from continuing employment.
4. Frequently, assessments to find an employee’s level of addiction or dependency is
covered by our existing health care benefit package and we encourage our
employees to seek out assistance whenever and wherever possible.
5. The Substance Abuse Professional may not refer the driver to the SAP’s private
practice.24
C. REFERRALS: All of our employees are urged to contact our EAP provider in cases where:
1. They wish to refer themselves for treatment, or
2. Treatment is recommended by their supervisor or official of the City of Muskegon, or
3. The employee’s drug or alcohol tests result in a positive indicator, or
4. They or members of their family show signs of needing assistance or through
intervention by family members.
21 49 CFR, Part 382, Subpart E
22 49 CFR, Part 382, Subpart F
23 49 CFR, Part 382, Subpart F, §382.605
8
ADMINISTRATIVE REGULATIONS GOVERNING
CITY OF MUSKEGON DRUG AND ALCOHOL USE AND ABUSE
D. EMPLOYEE ASSISTANCE PROVIDER:
Mercy WorkLife Services
125 E. Southern Ave.
Muskegon, MI 49442
Telephone (231) 726-3582
E. PAY DURING TREATMENT: Except where specifically authorized in our collective
bargaining agreement with the association or our existing benefit package, employees
may not collect pay, unless they have been authorized sick or vacation leave.
XII – RETURN TO WORK
The City of Muskegon will attempt to, where possible, return a recovering employee to work. A
recovering employee is one who is currently participating in, or has successfully completed a
supervised treatment or rehabilitation program. A return to work is not a guarantee of an
employee’s previous position or classification. Regulated employees who prove recovery may
be reinstated provided our insurance carrier will insure a driver in that capacity and the driver
can be licensed according to the state and federal law or regulation.
A. CONTROLLED SUBSTANCE RECOVERY TESTING: Employees recovering from a controlled
substance or addiction will submit to unannounced urine drug screens at least six times in
the first 12 months following the driver’s return to duty.25
B. ALCOHOL RECOVERY TESTING: Employees recovering from alcohol abuse or addiction
will submit to unannounced evidential breath tests at least six times within the first year
following return to work.26
C. REGULATION REQUIREMENTS: The preceding return to work and follow-up testing
requirements are regulated by the U.S. Department of Transportation, Federal Highway
Administration under 49 CFR, Part 382. These regulations specifically address coverage of
employees of local and state units of government, and drivers operating intrastate and
interstate.27
24 §382.605(e)
25 49 CFR, Part 382, Subpart F, §382.605(c)(2)(ii)
26 §382.605(c) (2)(ii)
27 Federal Register, Vol. 59, No. 31, February 15, 1994, p. 7486
Civil Service Commission Approved 5/11/2020
9
CITY OF MUSKEGON
LOCAL #517M
APPENDIX E
CITY OF MUSKEGON
BOARD OF CIVIL SERVICE COMMISSIONERS
DRIVING RECORD REQUIREMENTS
CAUSES FOR REJECTION OF APPLICATION FOR PROMOTION
1. Driving record checks will be conducted by the Civil Service Office prior to the
publishing of a promotional eligibility list. The Civil Service Director, guided by recent
employment patterns, will determine the number of checks to be performed.
2. Information from driving record checks will be directed to the Civil Service Director who
will determine if the information is such as to disqualify the applicant from further
employment consideration. The criteria for such disqualification are found below in
Table 1.
3. Appointing authorities (department heads) may, upon request, review the results of
driving record checks of those individuals certified for appointment.
4. The City's promotional application will be modified to include self-disclosure of the
applicant's driving record.
5. This policy applies to promotional applicants for all City classifications requiring the
operation of a motor vehicle as an essential job function according to the criteria! found
in Table l.
CITY OF MUSKEGON
LOCAL #517M
APPENDIX E (Continued)
Table 1. Causes for Rejection of Promotional Applications:
Driving Record.
CAUSES FOR REJECTION
- Failure to possess a valid operator's license
- Last four years:
- 6 or more moving violations or civil infractions
Last 3 years:
- Driving with license suspension or revocation.
- Driving under influence of alcohol or drugs.
- 2 or more reckless driving convictions.
- Last two years:
- Last suspension or revocation
- 2 or more moving violations or civil infractions.
- 8 or more points.
- 2 or more "at-fault" accidents.
Adopted by Civil Service Commission- .
(c:\wp51 \docs\drivepro.795)
CITY OF MUSKEGON
LOCAL #517M
APPENDIX E
For purposes of this Labor Agreement, a "reasonable explanation for failure to
notify the employer" shall be defined as circumstances, supported by
documentation, where the employee is unable to contact the Employer due to
an emergency that makes such communication impossible or when the safety of
the employee, his/her family or the public is of greater priority.
Examples of such cases are:
Medical emergencies where the employee is incapacitated and unable to use
the phone.
Unexpected serious medical emergencies of the employee or his/her immediate
family that are either life threatening or requiring the employee's immediate
attention.
Traffic accidents where the employee has no immediate access to the
telephone.
Crime and accident scenes where under the direction of law enforcement
officials this employee cannot leave and there is no immediate access to the
telephone.
It shall be the obligation of the employee to provide documentation that shows
the serious nature of the circumstances and that will reasonably explain the
employee's failure to notify the Employer.
CITY OF MUSKEGON
LOCAL #517M
APPENDIX G
The 24 hour call-in number for the Department of Public Works will be operated by
our answering service and will be supervised 24 hours a day.
CALL IN NUMBER
231-737-2680
Employees will report the following information;
• Name
• Department
• Phone Number
• Reason for absence
• Expects to return to work date
You will receive a verification number which will be your confirmation of receipt
of this information by the City of Muskegon.
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