Attachment A; 2024-2026 Unit 2 (AFSCME 2384) MOU.pdf

City of Phoenix — Formal (2024-05-01)

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MEMORANDUM OF UNDERSTANDING

2024 – 2026

CITY OF PHOENIX

AND

AMERICAN FEDERATION

OF STATE, COUNTY

AND MUNICIPAL EMPLOYEES

LOCAL 2384, AFL-CIO

REPRESENTING FIELD UNIT II EMPLOYEES

ATTACHMENT A

PREAMBLE .................................................................................................................... 4
ARTICLE 1: RIGHTS ...................................................................................................... 5
SECTION 1-1: GENDER ................................................................................................................................ 5
SECTION 1-1A: RECOGNITION ..................................................................................................................... 5
SECTION 1-2: CITY AND DEPARTMENT RIGHTS ............................................................................................. 5
SECTION 1-3: UNION RIGHTS ....................................................................................................................... 6
SECTION 1-4: RIGHTS OF UNIT EMPLOYEES ............................................................................................... 11
SECTION 1-5: PROHIBITION OF STRIKE AND LOCKOUTS ............................................................................... 18
SECTION 1-6: NEW POSITIONS/CLASSIFICATIONS ....................................................................................... 18
ARTICLE 2: GRIEVANCE/ARBITRATION/LABOR MANAGEMENT .......................... 19
SECTION 2-1: GRIEVANCE PROCEDURE ..................................................................................................... 19
SECTION 2-2: ARBITRATION ....................................................................................................................... 24
SECTION 2-3: LABOR-MANAGEMENT COMMITTEE ....................................................................................... 27
SECTION 2-4: HEALTH AND SAFETY COMMITTEE ......................................................................................... 28
ARTICLE 3: COMPENSATION/WAGES ...................................................................... 29
SECTION 3-1: WAGES ............................................................................................................................... 29
SECTION 3-1A: PRODUCTIVITY ENHANCEMENT PAY .................................................................................... 30
SECTION 3-2: OVERTIME ........................................................................................................................... 31
SECTION 3-2A: CALL OUT PAY .................................................................................................................. 32
SECTION 3-3: OUT-OF-CLASS PAY ............................................................................................................. 33
SECTION 3-4: SICK LEAVE CONVERSION AT RETIREMENT ............................................................................ 34
SECTION 3-4A: SICK LEAVE PAYOUT ......................................................................................................... 34
SECTION 3-5: SHIFT DIFFERENTIAL PAY ..................................................................................................... 35
SECTION 3-5A: WEEKEND SHIFT DIFFERENTIAL PAY .................................................................................. 35
SECTION 3-6: STAND-BY PAY .................................................................................................................... 35
SECTION 3-7: SHOW-UP TIME ................................................................................................................... 36
SECTION 3-8: JURY DUTY .......................................................................................................................... 36
SECTION 3-9: DEFERRED COMPENSATION PROGRAM ................................................................................. 37
ARTICLE 4: HOURS OF WORK/WORKING CONDITIONS ........................................ 37
SECTION 4-1: HOURS OF WORK................................................................................................................. 37
SECTION 4-2: REST AND LUNCH PERIODS .................................................................................................. 38
SECTION 4-3: CLEAN-UP TIME ................................................................................................................... 39
SECTION 4-4: SENIORITY ........................................................................................................................... 39
SECTION 4-5: BUMP/BID PROCEDURE FLEET SERVICES DIVISION ................................................................ 40
SECTION 4-6: TECHNOLOGY ...................................................................................................................... 42
ARTICLE 5: BENEFITS ................................................................................................ 42
SECTION 5-1: HEALTH INSURANCE AND EMPLOYEE ASSISTANCE ................................................................. 42
SECTION 5-2: DENTAL INSURANCE ............................................................................................................. 43
SECTION 5-3: LIFE INSURANCE .................................................................................................................. 44
SECTION 5-4: LONG-TERM DISABILITY INSURANCE ..................................................................................... 44
SECTION 5-5: HOLIDAYS AND VACATION LEAVE .......................................................................................... 45
SECTION 5-6: UNIFORMS ........................................................................................................................... 46
SECTION 5-7: PARKING ............................................................................................................................. 47
SECTION 5-8: TOOL ALLOWANCE ............................................................................................................... 47
SECTION 5-9: PARENTAL LEAVE................................................................................................................. 48
ARTICLE 6: MISCELLANEOUS .................................................................................. 49
SECTION 6-1: SAVING CLAUSE................................................................................................................... 49
SECTION 6-2: COPIES OF MEMORANDUM ................................................................................................... 49

SECTION 6-3: APPRENTICESHIP PROGRAMS ............................................................................................... 49
SECTION 6-4: PART-TIME EMPLOYEES ....................................................................................................... 50
SECTION 6-5: DEPARTMENT CERTIFICATIONS AND REQUIRED LICENSES ...................................................... 51
SECTION 6-6: SAFETY MANUAL .................................................................................................................. 51
SECTION 6-7: TERM AND EFFECT OF MEMORANDUM ................................................................................... 51
SECTION 6-8: ............................................................................................................................................ 52
ADDENDUM A - ALLOCATION OF STEWARDS ........................................................ 54
ATTACHMENT A .......................................................................................................... 55

PREAMBLE

WHEREAS the well-being dignity, respect, and morale of the employees of the City are
benefited by providing employees an opportunity to participate in the formulation of
policies and practices affecting the wages, hours, and working conditions of their
employment; and

WHEREAS the parties hereby acknowledge that the provisions of this Memorandum of
Understanding (hereinafter Memorandum or M.O.U.) are not intended to abrogate the
authority and responsibility of City government provided for under the statutes of the State
of Arizona or the Charter or Ordinances of the City of Phoenix except as expressly and
lawfully modified herein; and

WHEREAS the parties agree that the Phoenix Employment Relations Board (P.E.R.B.)
unit certification reflects that there exists a clear and identifiable community of interest
among employees covered by this Memorandum; and

WHEREAS the parties, through their designated representatives, met and conferred in
good faith pursuant to the Meet and Confer Ordinance in order to reach agreement
concerning wages, hours, and working conditions of employees in Field Unit II;

NOW therefore, the City of Phoenix, hereinafter referred to as "the City," and Local 2384,
as an affiliate of the American Federation of State, County, and Municipal Employees,
AFL-CIO, hereinafter referred to as the "Union", having reached this complete agreement
concerning wages, hours, and working conditions for the term specified, the parties
submit this Memorandum to the City Council of the City of Phoenix with their joint
recommendation that body resolve to adopt its terms.

ARTICLE 1: Rights

Section 1-1: Gender

Whenever any words used herein in the masculine, feminine, or neutral, they shall be
construed as though they were also used in another gender in all cases where they would
so apply.

Section 1-1A: Recognition

A. The City recognizes the Union as the sole and exclusive meet and confer agent
pursuant to the Meet and Confer Ordinance as amended, for the purpose of
representation regarding wages, hours, and other conditions of employment for all
employees in positions constituting Field Unit II, as certified or as may be modified
by the Phoenix Employment Relations Board (P.E.R.B.).

Section 1-2: City and Department Rights

A. The Union recognizes that the City has and will continue to retain, whether exercised
or not, the unilateral and exclusive right to operate, administer, and manage its
municipal services and work force performing those services in all respects subject
to this Memorandum.

B. The City Manager and Department Heads have and will continue to retain exclusive
decision-making authority on matters not expressly modified by specific provisions of
this Memorandum and such decision-making shall not be in any way, directly or
indirectly, subject to the grievance procedure contained herein.

C. The exclusive rights of the City shall include, but not be limited to, the right to
determine the organization of City government and the purpose and mission of its
constituent agencies, to set standards of service to be offered to the public, and
through its management officials to exercise control and discretion over its
organization and operations, to establish and effect Administrative Regulations and
employment rules and regulations consistent with law and the specific provisions of
this Memorandum, to direct its employees, to take disciplinary action for just cause,
to relieve its employees from duty because of lack of work or for other legitimate
reasons, to determine the methods, means, and personnel by which the City's
services are to be provided, including the right to schedule and assign work and
overtime, and to otherwise act in the interest of efficient service to the community.
Nothing herein shall be construed to diminish the rights of the City under Section 5
of the Meet and Confer Ordinance.

Section 1-3: Union Rights

It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the City to count as time worked, any hours or fractions
of hours spent outside the employee's work shift in pursuit of benefits provided by this
Article. The City shall count as time worked any hours or fractions of hours spent within
the employee's regular work shift in pursuit of benefits provided by this Article.

A. Union Release

The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and AFSCME Local 2384 have
negotiated full-time release positions, and release hours, as an efficient and readily
available point of contact for addressing labor-management concerns. Examples of
work performed by the release positions in support of the City include ensuring
representation
for
employees
during
administrative
investigations
and
grievance/disciplinary
appeal meetings
with management;
participating
in
collaborative labor-management initiatives that benefit the City and the members;
serving on City and departmental task forces and committees; facilitating effective
communication between City and Department management and employees;
assisting members in understanding and following work rules; and administering the
provisions of the Memorandum of Understanding. Union release is also used for
authorized employees to prepare for appeals and hearings and attend Union
conferences, meetings, seminars, training classes and workshops so that employees
better understand issues such as City policies and practices, conflict resolution,
labor-management partnerships, and methods of effective representation. The cost
to the City for these release positions and release hours, including all benefits, has
been charged as part of the total compensation detailed in this agreement.

1. Full-Time Release Positions

Four full-time release positions, designated by the Executive Board of the Union,
shall each be allowed up to 2,080 work hours per M.O.U. year to engage in lawful
union activities, pursuant to and consistent with this Memorandum. There will be
a deduction of hours from the Union’s release bank for the fourth full-time release
positions. The full-time release positions agree to comply with all City rules and
regulations. Full-time release positions are subject to all City Personnel Rules
and Administrative Regulations. The City will pay the employees’ full time fringe
benefits. Time used for this purpose in excess of 2,080 hours per position shall
be at the expense of the Union, and the Union shall reimburse the City at the
applicable employee’s hourly rate of pay.

The Union will keep the Labor Relations Division apprised of the regular work
schedules of the release positions and submit leave slips for processing.

Upon return to their regular city duties, the Unit employee shall be reinstated to
their original position, location, and schedule by seniority.

The City values and benefits from the participation of Union leaders on citywide
task forces and committees, Labor - Management work groups, and a variety of
Health and Safety committees. These activities take time away from expected
tasks such as representation and communicating with the membership and may
occur outside the regular work day of the Union officials. The full-time release
positions agree to participate in these important committees and task forces. In
recognition of this commitment, the City agrees to pay the President of the Union
two hundred eight (208) hours of straight time in his/her compensatory time bank.
Each of the other three full-time Union release positions will receive eighty (80)
hours of straight time in each of their compensatory time banks each MOU year.

The Union, subject to departmental operation and scheduling factors and
reasonable advance notice, shall be allowed a total of one hundred and fifty (150)
hours of paid leave to attend Union seminars, lectures, and conventions.

In addition, the Union shall be allowed fourteen thousand dollars ($14,000)
reimbursable to the Union by the City each M.O.U. year, for designated members
of the local to attend schools, conferences, workshops and training to develop
skills in effective member representation, conflict resolution techniques, labor-
management cooperation, and other employee relations areas that promote
cooperative and harmonious relationships. The Union will submit receipts for
reimbursement by the City. If the entire $14,000 is not used in the first year of the
M.O.U. the balance will carry over into the second year not to exceed twenty-eight
thousand ($28,000) during the term of this M.O.U. Funds not used by the end of
the M.O.U. will expire.

2. Union Stewards

The Union may designate up to fifty-five (55) site stewards, twenty-six (26) chief
stewards, and seventeen (17) lead stewards to serve as Union representatives.
Such designations shall be made from amongst employees regularly working at
the job sites as specified in Attachment "A" and such stewards shall service
grievances at said job sites to which they are regularly assigned, in accordance
with Attachment "A" hereto. Chief Stewards may substitute for job site stewards
in the assigned area of jurisdiction as shown in Attachment "A."

a. The Union shall notify the Labor Relations Division of the Human Resources
Department, in writing, of its designations and re-designations of stewards and
chief stewards.

b. There shall be no obligations on the City, nor shall the City change or modify
employees' permanent regular work schedules or assignments solely as a
result of such designations.

c. One such steward from the Grievant’s home department and the grievant may,
after the grievant and the supervisor were unable to resolve the matter
informally (Article 2, Section 2-1) when the Union is designated by a grievant
as his representative, attend mutually scheduled grievance meetings with City
of Phoenix department representatives without loss of pay or benefits. One
steward working in the same department as a unit member under investigation
may also attend investigative meetings without loss of pay or benefits.
Stewards not from the same department as the grievant or employee under
investigation may provide representation, however the total time spent on
representation will be requested from and charged to the bank of hours as
outlined in 1-3 A 3.

d. City employees who are on duty, either witnesses or grievants and the shop
steward representing an employee, may attend Civil Service meetings and
Phoenix Employment Relations Board (P.E.R.B.) meetings on City time.

e. The Union will be allowed subject to operational and scheduling factors and
fourteen (14) calendar days advance notice, up to one day of paid release time
for authorized stewards to attend a one-time contract orientation session
conducted by the Union in each year of the contract.

f. Union Stewards are subject to all City Personnel Rules and Administrative
Regulations.

3. Bank of Union Release Hours

The Union will be allowed, subject to operational and scheduling factors and
seventy two (72) hours advance notice in each instance, a unit total of three
thousand one hundred eighty three (3,183) hours paid release time in a bank of
release hours per M.O.U. year. Requests for release time shall be submitted to
the Labor Relations Administrator and approval of release time hereunder shall
not be arbitrarily withheld.

With the exception of the ten elected union officials, only one representative may
be released from the same work group/shop at the same time. The union may
request an exception when training is being provided by the International Union.
Approval will not be arbitrarily withheld. No representative (with the exception of
the ten elected union officials), will be permitted to use more than 420 hours of
release time from the bank of hours in any one M.O.U. year.

Any hours used in excess of the bank of Union release hours must be approved
by the Labor Relations Administrator and the AFSCME Local 2384 President. The
number of hours used in excess of the allowable Union release hours at the end
of the contract term will be deducted from the Union release hours available for

the following year. A maximum of 8,325 surplus hours will be carried over into
the next year.

B. Unpaid Release Time for Unit Related Activity

Union members may be authorized in advance in writing to engage in lawful Union
activities during City work hours on a non-paid basis at the unrestricted discretion of
the City Manager or designee consistent with the purpose of this Memorandum.

A member selected by the Union to do Unit representative work which takes the
employee from his employment with the City shall, at the written request of the Union,
and subject to Civil Service Rules, be granted an unpaid leave of absence. The leave
of absence shall be in increments of no less than three (3) months and shall not
exceed one (1) year, but it may be renewed or extended for a similar period upon the
request of the Union.

C. The Union will be allowed one (1) hour each orientation session to talk to and recruit
new Unit members into the Union and to explain the rights and benefits under the
M.O.U. This time will be allotted in addition to new employee orientation, at the
departments that have new employee orientation, in the Aviation, Public Works, and
Water Services Departments. The content of such information shall not be political in
nature, or abusive of any person in City employment. This time shall be considered
de minimus time.

D. Prior to the termination of the current Memorandum and subject to operational and
scheduling factors, each designated Union representative, which is defined as the
elected Executive Board, will be allowed up to one day of paid release time to facilitate
the familiarization of the terms of the successor Memorandum.

E. There shall be no use of official time for Union related activities except as expressly
authorized under the aforesaid sections.

F. International and Union Representatives

Accredited International and appropriately designated Local representatives shall be
admitted to the buildings and grounds of the City during working hours for legitimate
Union purposes including providing representation to employees, so long as such will
not interfere with any work operation or the safety and security of any work site. Such
representative will check in with the supervisor involved and will be required to
conform to the safety regulations of the work site. Non-City personnel will be identified
to the department director or designee prior to entering restricted City areas.

G. Payroll Deduction

1. The City shall deduct from the first pay warrant of Union members, in each month,
the regular periodic membership dues and regular periodic Union sponsored

insurance premiums pursuant to the City's deduction authorization form duly
completed and signed by the employee and transmit such deductions monthly to
the Union no later than the fourteenth (14th) day following the end of the pay
period in which the deduction occurs, along with an alphabetical list of all
employees for whom deductions have been made. Such deduction shall be made
only when the Union member's earnings for a pay period are sufficient after other
legally required deductions are made.

2. Authorization for membership dues deduction herein under shall remain in effect
during the term hereof unless revoked by the employee. Revocation of
deductions shall be accepted by the City only during the first week of July or
January to be effective the following payroll period. The City will notify the Union
of any revocations submitted to it.

3. The City shall not make dues deductions for Unit employees on behalf of any
other employee organization (as defined in the Meet and Confer Ordinance)
during the term of this Memorandum. At each scheduled Labor Management
Committee meeting, the City shall provide to the Union a list of any exceptions to
this provision arising from transfers between any other Unit.

4. It is agreed that the City assumes no liability except for its gross negligence on
account of any actions taken pursuant to this section. The City will however, as
promptly as technically possible, implement changes brought to its attention. The
City shall at the written request of the Union during the term of this agreement
make changes in the amount of deduction hereunder for the general membership
provided cost for implementing such changes shall be reimbursed by the Union.

H. Union Materials & Bulletin Boards

1. The Union through its designated representative, may distribute materials on the
City premises (buildings and grounds) before and after scheduled working hours
or in non-work areas during scheduled work hours provided that both the
employee distributing and the employee receiving such materials are on non-work
periods.

2. The Union shall be allowed to send one union-requested communication
per month using the City Email System to communicate with Unit 2
employees. Requests will be processed through Labor Relations. Issues
stemming from this agreement will not be subject to the grievance
procedure and will be discussed in labor-management meetings.

3. The City shall provide the Union with accessible bulletin boards at mutually
agreed upon locations. The City shall grant sole and exclusive use of such bulletin
boards to the Union.

4. Materials which are abusive of any person or organization, which conflict with laws
regulating the political activities of City employees, and which are disruptive of the
City’s operations may not be posted or distributed.

5. The Union may grieve any refusal by the City to approve posting or distributing of
materials. The City will not arbitrarily disapprove materials.

6. Unit List: Upon the Union’s filing of a Third Party Data Sharing Agreement with
the Labor Relations Division, the City shall provide the Union, upon request, a
listing of Unit employees indicating name, employee identification number,
home address, date of employment, job classification, department number,
and/or a seniority list by job classification and a monthly list of employees
added that month to Unit 2.

7. Intranet Access: The City will endeavor to maintain remote computer access to
the City’s intranet for the Union Office.

I. Contracting Out

The City will comply with the provisions of Management Procedure Number 5.501,
dated February 7, 1994, and notify the Union, in writing, of the City's intent to contract
with a private agency for the provision of municipal services. The Union may, within
seven (7) calendar days of this notification, request a Labor-Management Committee
meeting for the purpose of discussing the potential contract. It is understood by all
parties that the Union's exercise of rights granted by this Article shall in no way delay
the process outlined in Management Procedure 5.501, nor impede the City's authority
to enter into a contractual agreement with a private agency.

The City will provide the union, upon request, with a listing in electronic format of unit
employees’ name, home address, date of employment, and department. The City will
also provide mailing information of all Unit 2 employees at the request of the Union.

The City shall provide the Union a list of all Unit 2 vacancies monthly.

Based upon mutually agreed upon frequency, departments will establish regular Labor
Management meetings with union leadership to ensure productive communications
on items such as: department policy changes and the outsourcing of services currently
performed by unit members which could directly result in a reduction in the number of
permanent Unit positions (“contracting out”).

Section 1-4: Rights of Unit Employees

Article. The City shall count as time worked any hours or fractions of hours spent within
the employee's regular work shift in pursuit of benefits provided by this Article.

A. Unit employees have the right to be represented by the union and the union reserves
the right to provide representation to its members in dealings with the City concerning
grievances, and matters pertaining to their individual employment rights and
obligations, and during an investigatory interview concerning allegations focused on
the employee which may result in disciplinary action.

B. Supervisors are encouraged to discuss concerns and attempt to resolve those
concerns with an employee without utilizing a formal investigatory process.
Supervisors are encouraged to not utilize an investigatory process unless they have
a reasonable belief that discipline (a written reprimand or higher) could result. Should
information be made during a conversation to attempt to resolve an issue that could
result in discipline, the supervisor will stop the meeting and utilize an investigatory
process as outlined below. Any interview becomes investigatory when facts or
evidence sought by management may result in a disciplinary action.

• An employee is entitled to Union representation if the employee reasonably
believes that the investigatory interview will result in disciplinary action and the
employee has requested representation from their union.

C. The City may, at its sole discretion, either conduct investigatory interviews with
employees or issue employees written questions in order to provide the employee an
opportunity to gather additional information. In either case, a Notice of Inquiry (NOI)
form will be used. The intent of the NOI is to clearly put employees on notice that they
are under investigation that could result in discipline, inform them of the nature of the
allegations against them, and inform them of their right to representation.

D. If the City elects to issue written questions to the employee, the following shall apply:

1. If an NOI is being issued and there is no active questioning, representation is not
required.

2. The employee will have 72-hours excluding holidays and N-days to respond in
writing and provide any other material requested. This deadline may be extended
by mutual agreement if there are extenuating circumstances.

E. If the City elects to conduct an investigatory interview, the following shall apply:

1. Prior to the employee being interviewed, the employee shall be advised of their
right to a representative.

2. The NOI form will be issued at the meeting.

3. The union representative may engage in meaningful representation, including but
not limited to assisting and consulting with the employee, attempting to clarify the
facts or questions asked, and suggesting other employees or witnesses who may
have knowledge of the underlying issues. The union representative cannot speak
on behalf of the employee or impede the progress of the interview.

4. The member or representative may ask for a caucus during the meeting. The
caucusing party will attempt to keep the caucus to reasonable timeframes.

5. The interviewer may not prohibit the union representative from engaging in
representation, including consulting with the employee. The member shall be
allowed to seek advice and counsel from their representative in caucus during the
interview.

6. The union representative may not behave in a violent, verbally abusive, insulting,
or demeaning manner toward the interviewer.

7. Prior to the conclusion of the meeting, the member or representative shall have
the opportunity to make a closing statement.

8. If the department requires a written statement at an investigatory meeting, the
employee will be given up to one hour of City time to write the statement. Additional
time may be granted at the sole discretion of the department and will not be
withheld arbitrarily.

9. The employee will be provided with a copy of the interview notes and given 72
hours excluding weekends and the employee’s holidays and N-days to
confirm their answers and provide any additional information.

10. Except for emergency situations, the unit employees shall have a minimum of 48
hours excluding weekends and the employee’s holidays and N-days to
arrange for union representation when the member is the subject of an
administrative investigatory interview. The union representative will make every
reasonable attempt to arrive within the 48 hours. An employee may waive the 48-
hour time requirement if the employee is not opting for representation. Employees
will be provided with the NOI cover sheet (and attachment if applicable) listing the
allegations against the employee 48 hours in advance of the investigatory
interview, however, the NOI/interview questions will not be provided in advance.
No reasonable request for an extension will be arbitrarily denied.

F. Regardless of whether the City elects to interview the employee, or issue written
questions, the following shall apply:

1. The employee will be instructed not to speak to anyone regarding an investigation.
This restriction does not apply to the union, the employee's family or clergy, the
investigator, or chain-of-command.

2. The employee will be advised if the inquiry is supervisor initiated or the result of a
citizen complaint, employee/co-worker complaint, or other.

3. The member shall also be informed that none of their statements, nor any
information or evidence which is gained by reason of such statements, can be
issued against them in any criminal proceedings.

4. A unit member shall receive a copy of any statement that they are asked to sign.

5. An employee under investigation will be notified in writing every 90 calendar days
as to the current status of the investigation. Every 30 days, an employee under
investigation may request a status update. At management's discretion, the status
will be provided either verbally or in writing. This will include a brief description of
the number of known witnesses still to be interviewed and other investigate
processes remaining to be completed, as well as an estimated date of completion.

G. Misc.

1. A unit member identified solely as a witness will not be prevented from reaching
out to the union on their own time to consult with a union representative prior to
their interview.

2. Only paperwork pertaining to any completed NOI investigation resolved as
sustained will be kept in an employee's personnel files.

3. If a Union Steward is requested by management to hold over or is called in from
home by a supervisor to represent an employee at meeting required by
management, the Union Steward will receive overtime compensation for actual
time held over or a minimum of 1 hour if called from home.

H. Unit employees will be permitted to apply and/or compete in a transfer process while
in a pending investigation. The transfer process will not be delayed pending the
conclusion of the related investigation.

I.
The City will provide to the employee a copy of the Citywide completed accident
investigation and any other material the City plans to present at the Citywide Accident
Review Board hearing. This material will be supplied as quickly as possible after the
material has been prepared.

J.
It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours
or fractions of hours spent outside the employee's work shift in pursuit of benefits
provided by this Article unless otherwise specified in this MOU. The employer shall
count as time worked any hours or fractions of hours spent within the employee's
regular work shift in pursuit of benefits provided by this Article.

K. Unit employees have the right to present their own grievance, in person or by legal
counsel.

1. Any Unit member covered hereunder or his representative designated on a written
form signed by the employee shall, on request and by appointment, be permitted
to examine his departmental personnel file, in the presence of an appropriate
supervisory official of the Department.

2. No Unit member shall have any adverse comments entered into a departmental
personnel file without the member being informed by a supervisor. The Unit
member shall be asked to date and sign such material solely as evidence of being
advised of its existence, not as indicating agreement. If the Unit member
requests, he shall receive a copy of the adverse comment.

3. Unit members may, at their discretion, attach rebuttal statements to any material
contained in their departmental personnel file, which may be adverse in nature.
The attachments must be no more than 4 pages.

L. The City will comply with provisions of A.R.S. Section 12-2506, paragraph D,
subparagraph 1, and assume responsibility for actions of any Unit II employee in a
legal proceeding for personal injury, property damage, or wrongful death, when it is
demonstrated that the employee was performing his regularly assigned duties without
malice or any degree of negligence.

M. Discipline older than 5 years from the date of issuance will not be considered for
progressive discipline or promotion/transfer purposes except for the following types
of discipline, which may be considered for the duration of employment (and upon the
employee’s return to employment, if applicable):

Sustained discipline of a 40-hour suspension or greater discipline of the following
types:

• The employee has been abusive or threatening in attitude, language, or
conduct towards fellow employees, customers of the City, or the public.
• The employee has solicited or taken for personal use a fee, gift, or favor in the
course of the assigned work or in connection with it, which would lead toward
favoritism or the appearance of favoritism or a conflict of interest.
• The employee is in possession of a deadly weapon (as defined in ARS 13-
3101), excepting a pocketknife (as provided in ARS 13- 3102) at a City
worksite, unless such employee is a police officer. (A worksite includes not only
City buildings and property, but also City vehicles and private vehicles while
being used on City business, and other assigned work locations.)
• The employee has intentionally falsified records or documents made, kept, or
maintained for or on behalf of the City of Phoenix.

• The employee has stolen or is in unauthorized possession of City property or
the property of another employee or citizen.
• The employee is under the influence of alcohol or illegal drugs on the job.
• The employee has violated City of Phoenix anti-harassment or anti-
discrimination policies.
• The employee committed a violation of the City’s Ethics Policy.
• The employee’s actions meet the elements of a felony.
• The employee committed an act of dishonesty.
• The employee has committed a Class 3 violation of use of force (For
enforcement positions within the Police Department).

N. The City shall post on employee bulletin boards for employee review any new policies
and/or revision in City or written department policies and procedures affecting Unit II
employees and provide a copy to the Union. Notice shall remain posted for not less
than thirty (30) calendar days. Review of policy and procedure revisions shall be
included in employee meetings and shift briefings when appropriate and practical to
do so. The City will notify employees of new or revised written City or Department
policies affecting Unit employees as soon after release as possible.

Based upon mutually agreed upon frequency, departments will establish regular
Labor Management meetings with union leadership to ensure productive
communications on items such as: department policy changes and the outsourcing
of services currently performed by unit members which could directly result in a
reduction in the number of permanent Unit positions (“contracting out”).

O. A coaching is a verbal discussion with an employee. A coaching is not disciplinary
nor shall it be considered a first offense for purpose of progressive discipline.
Employees will be advised that they are receiving a coaching at the time it is given.
A written record of a coaching may be placed in the supervisor’s file for both positive
and negative incidents. An employee may receive more than one (1) coaching for a
similar matter.

A supervisory counseling is a verbal warning that the supervisor shall document in
memo form. A supervisory counseling is not discipline. They are to be used to
determine only notice to the employee.

If a supervisory counseling is to be used in any disciplinary or personnel action or
any performance rating, the employee will be given the supervisory counseling in
memo form, that identifies the behavior requiring improvement, the reason for the
improvement, and the consequences of continuing the unacceptable behavior. The
memo will contain a line for the employee’s signature and above the line the
statement: “The employee shall date and sign the supervisory counseling, not as an
indication of agreement, but solely as evidence of being advised of its existence.”
The employee will receive a copy of the memo.

A supervisory counseling will only be retained in the supervisor’s file. It will not be
placed in the employee’s personnel file.

Document
Supervisory File
Department File
(if applicable)
Personnel File
(OFFICIAL FILE)
Coachings/Supervisory
Counselings
Maintain original
in file.
Remove annually
provided no further
incidents.
Not maintained
in file.
Not maintained
in file.
Written Reprimands
Maintain copy in
file.
Remove annually
provided no further
incidents.
Maintain copy in
file.
Employee may
request to remove
after 3 years.
Maintain original
in file.
Employee may
request to
inactivate
after 3 years.
Suspensions
(other than below)
Maintain copy in
file.
Employee may
request to remove
after 10 years.
Maintain original
in file.
Employee may
request to
inactivate
after 10 years.
Discipline as discussed
in section 1-4.M.
Maintain copy in
file.
Cannot Remove
Maintain original
in file.
May not be
inactivated

The official discipline record is maintained in the Personnel File. Copies maintained
in either the Supervisory and/or Department files are not the official record.
Employees may request to remove/inactivate eligible documents based on the above
criteria. Official records may only be inactivated and not removed.

If an employee receives a written reprimand during the rating period, the supervisor
will document the improvement required in the employee’s performance evaluation
without documenting the issuance of discipline.

The City continues to retain the format used for corrective action/discipline, including
forms, technology, etc.

P. If an employee is not given his/her PMG by the annual review date, the employee’s
merit increase will be processed within twenty-one (21) calendar days following the
above due date and be retroactive to the PMG annual review date. (If PMG is an
overall “met”).

Employees will be notified of performance issues as they occur or are discovered.

Q. All unit members have the right to be treated in a manner which is fair and impartial
in any matter associated with the rights of unit members under specific terms of this
Memorandum of Understanding.

If a unit employee is suspended, it is understood that a suspension day is defined as
eight (8) hours. For employees working compressed workweek, the remaining hours
of the workday would be accounted at the sole discretion of management.

Section 1-5: Prohibition of Strike and Lockouts

A. The provisions of Section 2(17) and Section 13 of the Meet and Confer Ordinance
are expressly incorporated herein.

B. There shall be no "lockout" by the City during the term hereof.

Section 1-6: New Positions/Classifications

A. The City shall give written notice to the Union 30 days in advance of a position being
reallocated or reclassified such that the position is removed from the unit.

The parties agree to consult on the inclusion or exclusion of new classification(s) in
the bargaining unit and may thereafter refer any such matter, jointly or individually, to
the Phoenix Employment Relations Board (PERB) for appropriate action.

The City shall give notice to the Union within 10 working days whenever a
classification or compensation study is undertaken that includes active positions
belonging to the Union. The Human Resources Department shall provide the Union
with an opportunity to meet with the person conducting the study prior to preparation
of any report or recommendations. The City shall notify the affected Union of the
results and recommendations resulting from any study 30 calendar days prior to that
study being presented to the Human Resources Committee. It should be noted that
there is no guarantee, either expressed or implied that changes to a classification or
its grade and salary range will result from a study.

The Union may submit a prioritized written request of classifications specific to the unit
that they wish to have studied. All written requests shall include a full explanation of
why the classification should be studied. This explanation shall indicate whether the
Union is requesting a full classification study (including job levels and job architecture)
or if the request is limited to a compensation review to assess market competitiveness
and grade and salary levels. At least two requests by the Union shall be started by the
Human Resources Department in order of their ranking per contract year.

The Human Resources Class & Comp Division will meet monthly during the
term of the 2024-26 MOU with Unit 2 leadership to discuss issues rela1ted to
classifications brought forward as a result of the 2023 citywide classification
and compensation study; to that end, the Union may request that two
additional (totaling four per contract year) classifications in its unit be
examined. This paragraph will sunset at the end of the 2024-26 MOU term.

ARTICLE 2: Grievance/Arbitration/Labor Management

Section 2-1: Grievance Procedure

It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the City to count as time worked any hours or fractions
of hours spent outside the employee's work shift in pursuit of benefits provided by this
Article. The City shall count as time worked any hours or fractions of hours spent within
the employee's regular work shift in pursuit of benefits provided by this Article.

A. Informal Resolution

1. The parties agree that the first attempt to resolve employee complaints arising
under this M.O.U. will be an informal discussion between the employee and his
immediate non-unit supervisor only.

2. It is the responsibility of Unit members who believe that they have a bona fide
complaint concerning their working conditions to promptly inform and discuss it
with their immediate nonunit supervisor in order to, in good faith, endeavor to
clarify the matter expeditiously and informally at the employee-immediate
supervisor level.

3. If such informal discussion does not resolve the problem to the Unit member's
satisfaction, and if the complaint constitutes a grievance herein defined, the Unit
member may file a formal grievance in accordance with the following procedure.

B. Definition of Grievance

1. A "grievance" is a written allegation by a Unit employee, submitted as herein
specified, claiming violation(s) of the specific express terms of this Memorandum
for which there is no Civil Service or other specific method of review provided by
State or City law.

2. The City continues to retain the format used for the grievances, including forms,
technology, etc.

3. A grievance which does not meet the requirements set forth in this Article shall be
null and void and will not be processed in accordance with this procedure.

C. Procedure

In processing a formal grievance, the following procedure shall apply:

A grievance must be reduced to writing, citing the specific Article and Section of this
Memorandum alleged to have been violated.

Step 1

The unit employee shall reduce the grievance to writing by completing all parts of the
grievance form provided by the City, and submit it to the second line supervisor
designated by the City or City designee within fourteen (14) calendar days of the initial
commencement of the occurrence being grieved or when the employee had
reasonable cause to become aware of such occurrence. The City will assign a
grievance number within fourteen (14) calendar days. Either party may then request
that a meeting be held concerning the grievance or they may mutually agree that no
meeting be held.

The second line supervisor shall, within fourteen (14) calendar days of having received
the written grievance or such meeting, whichever is later, submit his response thereto
in writing to the Grievant and the Grievant’s representative, if any. The parties by
written mutual agreement may skip from Step 1 to Step 2 of the grievance procedure.

Step 2

If the written response of Step 1 does not result in resolution of the grievance, the
grievant may appeal the grievance by completing the City form and presenting it to
the second Step of review, the Department Head or his designee, within fourteen (14)
calendar days of the grievant’s receipt of the Step 1 response.

Either party may request that a meeting be held concerning the grievance or may
mutually agree that no meeting be held. Within fourteen (14) calendar days of having
received the written grievance or the meeting, whichever is later, the second level of
review shall submit his response to the grievance to the grievant and the grievant’s
representative, if any. The parties by written mutual agreement may skip from Step 2
to Step 3 of the grievance procedure.

Step 2.5

After the Step 2 response, but prior to review by the Grievance Committee/Arbitrator,
the parties involved may mutually agree to submit the grievance to Labor Relations.
The grievance, as originally written and Step 1 and Step 2 responses, must be

submitted to Labor Relations within fourteen (14) calendar days of receipt of the Step
2 response. Labor Relations shall, within fourteen (14) calendar days of the receipt of
the grievance, meet with the department head, or designees, and the Grievant and
the Grievant's representative, if any, in an attempt to resolve the grievance. Labor
Relations shall then submit a written response to all parties within fourteen (14)
calendar days of the meeting.

Step 3

a. If the written response of the Step 2 (or 2.5 if applicable) does not result in
resolution of the grievance, the grievant and Union may, within fourteen (14)
calendar days of having received the Step 2 response, appeal the grievance by
completing the City form and presenting it to the Grievance Committee. The
Grievance Committee shall be composed of:

The Grievance Committee will consist of:

Chairman: A member of the City Manager's Office designated by the City
Manager.

Member: A mutually agreed upon neutral member.

Member: The President or the President's designee of another civilian
union/association, other than the Grievant’s, representing employees with the
City.

At the beginning of each contract year, the Union and the City will each select five
Department Directors to serve as Grievance Committee members. No selected
Department Director will serve as a committee member when the grievance
involves his/her department. Staff support to the Grievance Committee will be
provided by the Human Resources Department. The Labor Relations
Administrator and/or Department Director in Labor Relations will serve as an
advisor to the committee.

The Grievance Committee shall, within fourteen (14) calendar days of receipt of
the appeal, schedule a hearing regarding the grievance at which the grievant shall
be afforded the opportunity to fully present his position and to be represented. The
Grievance Committee shall, within fourteen (14) calendar days of the conclusion
of the hearing, make advisory recommendation on the grievance and submit it to
the City Manager for final determination for those employees who have elected to
use this procedure instead of arbitration.

The Grievance Committee shall submit findings and advisory recommendation(s)
to the City Manager. The City Manager shall make the final determination of the
grievance and submit it in writing to the Grievant and his designated
representative.

b. In lieu of such hearing, the grievant and the Union may jointly invoke the following
procedure by submitting the written notice to the Labor Relations Division within
fourteen (14) calendar days of having received the Step 2 response. If the grievant
and the Union so elect in writing within the above time limit, in lieu of such
Grievance Committee hearing, the grievance may be reviewed by an arbitrator.

The parties or their designated representatives shall agree on an arbitrator, and if
they are unable to agree on an arbitrator within a reasonable time, either party may
request the Federal Mediation and Conciliation Service to submit to them a list of
seven (7) arbitrators who have had experience in the public sector. The parties
shall, within fourteen (14) calendar days of the receipt of said list, select the
arbitrator by alternately striking names from the said list until one-name remains.
Such person shall then become the arbitrator. The arbitrator so selected shall hold
a hearing as expeditiously as possible at a time and place convenient to the
parties, and shall be bound by the following:

i. The arbitrator shall neither add to, detract from, nor modify the language of the
Memorandum or of Departmental rules and regulations in considering any
issue properly before him/her.

ii. The arbitrator shall be expressly confined him/her to the precise issues
submitted to him/her and shall have no authority to consider any other issue
not submitted to him/her.

iii. The arbitrator shall be bound by applicable State and City Law.

The arbitrator shall submit his findings and advisory recommendations to the
grievant and the City Manager, or their designated representatives. The costs
of the arbitrator and any other mutually incurred costs shall be borne equally
by the parties. The City Manager shall make the final determination of the
grievance and submit it in writing to the Grievant and his designated
representative.

D. Union Grievance

The Union may, in its own name, file a grievance that alleges violation by the City of
the rights accorded to the Union by the specific terms of Article 1, Section 1-3 of this
Memorandum. The Union shall file such grievance at Step 3 of the procedure. All
other grievances must be filed and signed by Unit employees subject to the provisions
of this Article.

E. Group Grievance

When more than one Unit employee claims the same violation of the same rights

allegedly accorded by this Memorandum, and such claims arise at substantially the
same time and out of the same circumstances, a single group grievance may be filed
in the name of all such employees. Such group grievances shall be filed at the step
of this procedure which provides the lowest level of common supervision having
authority over all named grievants. Each Unit employee that is a party grievant must
be named and must sign such group grievance. The Union may sign a group
grievance on behalf of employees, however, in such instance, the grievance must be
amended within fourteen (14) days naming each Unit employee who is a party
grievant and containing his signature.

F. Time Limits

Failure of the City Management representatives to comply with time limits specified
in Section 2-1 C shall entitle the grievant to appeal to the next level of review; and
failure of the grievant to comply with said time limits shall constitute abandonment of
the grievance. Except, however, that the parties may extend time limits by mutual
written agreement in advance.

G. Notice to Union of Grievance Resolution

The City will put the Union on notice of proposed final resolutions of grievances where
the Union has not been designated as the grievant's representative for the purpose
of allowing the Union to ascertain that a final resolution will not be contrary to the
terms of this Memorandum.

The City will ensure that a copy of every M.O.U. grievance filed by a Unit member,
including the response from management, is forwarded to the Union at each step of
the process.

H. The City will not discriminate or retaliate against employees because of their exercise
of rights granted by this Article.

I.
Employer grievances, should they occur as a result of official Union activities or
actions, including the failure to act as required under this agreement, will be presented
directly to the Union President or any Officer of the Union within fourteen (14) calendar
days of the occurrence prompting the grievance, or within fourteen (14) calendar days
of the date upon which the employer became aware of the situation prompting the
grievance. The President, or designee, shall, in each case, provide a written answer
within fourteen (14) calendar days from receipt of the grievance

Unresolved employer grievances may be submitted to arbitration pursuant to Step 3
herein; provided that the employer shall bear the cost of the services of the arbitrator.

J. The Union and the City agree to meet at regular intervals (as defined in Article 2
Section 2-2 Labor/Management Committee) to find ways to improve the grievance
procedures.

Section 2-2: Arbitration

A. Independent Arbitrator

Any Unit member who is a classified employee having completed the prescribed
probationary period who has received a disciplinary demotion, suspension, or
discharge, and has a right to appeal that disciplinary action pursuant to the Personnel
Rules, may under the provisions of this article request the Civil Service Board appoint
as a hearing officer an independent arbitrator selected pursuant to the procedures
described in Section 2-1 C below.

B. Appeal

The Union, on behalf of the employee, may request the selection of an independent
arbitrator as the hearing officer for a Civil Service Board appeal of a disciplinary
action. Such request must be made within fourteen (14) calendar days after the date
of service of notice of the order of suspension, demotion, or dismissal on him
personally, or twenty-one (21) calendar days from the date of mailing by certified mail
the notice of the order of suspension, demotion, or dismissal. The request must be
in writing and must state specific allegations in the discipline notice with which the
employee disagrees. The request must be personally delivered to the Board or
deposited in the United States mail, certified return receipt requested, postage
prepaid, addressed to the office of the Civil Service Board, within the above-stated
time.

The Union, on behalf of the employee, shall also immediately thereafter file copies
thereof with the complainant department head and the City Attorney. At the time the
Union files the request for hearing, it shall set forth whether the hearing will be public
or private.

C. Selection of Arbitrator

If the request for an independent arbitrator to be appointed as a hearing officer is
approved by the Civil Service Board, the Labor Relations Administrator or his
designated representative on behalf of the City and the Union president or his
designated representative on behalf of the employee shall agree on an independent
arbitrator within ten (10) calendar days after approval and appointment by the Board
of the appeal request. If an agreement on an independent arbitrator cannot be
reached within said ten (10) calendar days, either party may request that the Federal
Mediation and Conciliation Service (FMCS) or the American Arbitration Association
(AAA) provide a list with the names of seven (7) arbitrators with public sector
experience. In requesting such lists, the parties shall stipulate that arbitrators should
be from within Arizona.

The parties shall, within seven (7) calendar days of the receipt of the list, select the
arbitrator by striking names alternately until one-name remains. The remaining name
shall be designated as the independent arbitrator appointed by the Civil Service
Board as the hearing officer for the appeal. The parties shall jointly communicate with
the chosen arbitrator to advise him of the appointment.

In the event that the chosen arbitrator is unable to accept the appointment as hearing
officer, the parties shall either select another independent arbitrator from a new list in
the same manner as described above, or if mutually agreeable select another
independent arbitrator from the original list. The independent arbitrator chosen shall
be designated as the hearing officer appointed by the Civil Service Board for the
appeal.

D. Time for Hearing

When possible the hearing date shall be set within thirty (30) calendar days from the
request. Delays may be granted by mutual agreement of the parties. However, any
such delay occurring at the request of the Union, shall automatically be excluded from
any calculations of back pay to the employees, if any, as determined by the Civil
Service Board.

E. Hearing Procedures

The hearing procedures will be the same as the procedures set forth in Rule 22d,
Personnel Rules of the City of Phoenix. In the conduct of the hearing, the hearing
officer shall not be bound by the technical rules of evidence, nor shall informality in
any of the proceedings or in the manner of taking testimony invalidate any order,
decision, rule, or regulation made or approved by the Civil Service Board.

F. Witnesses

An employee appellant, or an employee subpoenaed as a witness, shall be granted
a leave of absence from his/her regularly assigned duties during his/her regularly
assigned work hours without loss of pay for the time.

At the request of either party, the arbitrator shall order that any witness who will testify
during the hearing be excluded from the hearing room until such time as they testify.
The City and the Union may exclude from the operation of this provision one
representative each of the City and the local Union.

G. Proposed Findings; Objections to Report

Either party may file with the hearing officer written proposed findings of fact and
conclusions within seven (7) calendar days of the conclusion of the hearing. A copy
of such proposed findings and conclusions shall be served on the other party at the
same time as filing with the hearing officer.

No later than two (2) calendar days before the Civil Service Board meeting where the
appeal has been scheduled for hearing either party may file with the Civil Service
Board written objections to the hearing officer's report. A copy of such objections
shall be served on the other party at the same time as filing with the Civil Service
Board. No post-hearing evidence shall be submitted.

H. Requirements

The independent arbitrator selected by the parties and appointed by the Civil Service
Board pursuant to this article shall be bound by the following:

1. The independent arbitrator shall neither add to, detract from, nor modify the
language of this Memorandum of Understanding.

2. The independent arbitrator shall be expressly confined to the precise issues
submitted and shall have no authority to consider any other issue.

3. The independent arbitrator shall be bound by applicable Federal, State, and City
laws.

I.
Report

Within two (2) weeks of the conclusion of the hearing, the hearing officer shall forward
all records and the report containing a statement of the findings of fact, conclusions,
and recommendations concerning the appeal to the Civil Service Board and send a
copy of the report to the parties. The hearing officer may recommend to the Civil
Service Board the discipline be upheld or modified, or rescinded pursuant to
Personnel Rule 22 (e).

J. Costs

The cost of the independent arbitrator and other costs related to obtaining said
arbitrator shall be borne equally by the parties. Each party will be responsible for its
own costs incurred in the hearing process, including but not limited to costs for legal
services, service of subpoenas, and expert witnesses.

K. Civil Service Board

It is expressly understood that this article shall not impinge on the powers and duties
of the Civil Service Board as provided for in Section 3 of Chapter XXV, Phoenix City
Charter and Rule 22, Personnel Rules of the City of Phoenix.

L. Representation

The parties agree that for the purpose of this article the City will be represented by
the Labor Relations Administrator for the City of Phoenix or designee and the
employee will be represented by the President of AFSCME, Local 2384 or designee.

Section 2-3: Labor-Management Committee

A. There shall be a Labor-Management Committee consisting of representatives of the
Union and representatives of the City. The purpose of the Committee is to facilitate
improved labor-management relationships by providing a forum for the free
discussion of mutual concerns and to attempt to resolve problems brought to its
attention.

B. During the term of this M.O.U., the Union and the City shall maintain the
Apprenticeship Labor Management Committee. The Apprenticeship Labor
Management Committee shall be comprised of a maximum of five (5) persons each
from Labor and from Management.

C. The Committees shall meet monthly or at other mutually scheduled times.

D. The members shall, upon request for a meeting, provide the Chair with proposed
agenda items, and the Chair shall provide the members with the meeting agenda in
advance of the meeting.

E. The Union shall be advised of management recommendations for contracting of work
presently being performed by Unit employees which would directly result in a
reduction in the number of permanent Unit positions during the term of this
agreement. The Union may request an opportunity to discuss these
recommendations in the Labor-Management Committee prior to any final
recommendation to the City Council. Failure by the City to notify the Union under this
Article may be subject to the Grievance Procedure of this Memorandum.

The Management recommendations, and final decision thereon by the City, shall not
be subject to the Grievance Procedure (Article 2 Section 2-1) of this Memorandum.

F. Any signed/dated written Labor/Management agreements with the signatures of both
parties and the Chairperson will be binding on the parties for the remaining term of
this M.O.U.

Section 2-4: Health and Safety Committee

It is understood by the parties that the benefits granted by this Article shall not be
interpreted or applied as requiring the employer to count as time worked, any hours or
fractions of hours spent outside the employee's work shift in pursuit of benefits provided
by this Article. The employer shall count as time worked any hours or fractions of hours
spent within the employee's regular work shift in pursuit of benefits provided by this
Article.

A. The City will continue to undertake all reasonable efforts to provide for employee
health and safety in accordance with the State's Occupational Safety and Health Law.

The City will continue its practice of providing personal protective equipment to
protect employees from recognized safety and health hazards, this includes voucher
for boots on an as needed basis.

A Unit employee may file, without fear of discipline, retaliation, or discrimination, a
grievance (Article 2 Section 2-1) when, in his best judgment, the City has failed to
comply with specific safety and health standards promulgated by local, state, and
federal regulations.

B. In order to facilitate this policy, a joint committee entitled "Health and Safety
Committee" shall be established. This committee shall be composed of two (2) Unit
employees appointed by the Union and two (2) City representatives as designated
by the City Manager. The chair shall rotate among the members.

C. The committee shall meet quarterly or at other mutually scheduled times to consider
on-the-job safety matters referred to it by the existing departmental safety committees
and safety officers, or otherwise coming to its attention, and shall advise Department
Heads and the City Manager concerning on-the-job safety and health matters.

All written recommendations of the committee shall be submitted to the Department
Head concerned and to the City Manager.

D. In the discharge of its function, the committee shall be guided by the applicable
regulations of the State's OSHA agency, and the City's existing practices and rules
relating to safety and health, and formulate suggested changes.

E. Employee members of the committee shall not lose pay or benefits for meetings
mutually scheduled during their duty time. Union members assigned to the Health
and Safety Committee shall be permitted to attend Department Health and Safety
Committee meetings.

ARTICLE 3: Compensation/Wages

Various sections of this M.O.U. contain a form of compensation, wages, or benefits that
have been negotiated in good faith and may or may not provide a direct payment of wages
or other benefit to each member. Those forms of compensation, wages, or benefits that
do not provide a direct payment to each unit member have been negotiated in place of a
direct payment and costed as part of the overall economic package. Examples include:
life insurance, long term disability insurance, leave payouts, etc.

Section 3-1: Wages

A. Unit 2 employees will receive a non-continuous payment equal to the economic
value of 2.5% of their base wage to be paid out on the first full pay period in
August of 2024.

B. Limited Reopener for FY 2025-2026: If the City projects revenues will exceed
$1,750,000,000 for Fiscal Year 2025-2026 in the forecast that is presented to City
Council in February 2025, the parties shall reopen Section 3-1 of this agreement
for the sole and limited purpose of Meeting and Conferring, in February 2025,
over base wage increases, if any. Unless held invalid by operation of law or by
a final judgment of any tribunal of competent jurisdiction, all other terms and
conditions of this MOU shall remain in full force and effect during any such
reopener and throughout the duration of this MOU.

C. Licensed Pesticide Applicators shall receive fifty ($.50) in addition to their base hourly
rate for each hour engaged in assigned and authorized activities when applying,
mixing, or managing herbicide or pesticides. This compensation includes any
preparation and maintenance of application equipment.

D. Unit II Employees required by the City to maintain a Commercial Drivers License
(CDL) as a secondary part of their regular position duties shall receive twenty cents
($.20) in addition to their base hourly rate. This pay is not applicable to all positions in
classifications which hold CDLs, nor is it applicable to positions in classification in
which driving is a primary function of the position.

E. It is understood that for implementation purposes, the practice of rounding off
fractional cents shall be done in accordance with universally accepted mathematical
and accounting principles.

F. The term "Pay Schedule" shall mean the schedule computed and published by the
Human Resources Department for payroll purposes.

Section 3-1A: Productivity Enhancement Pay

Productivity Enhancement Pay

In recognition of continuous service and overall performance, the City agrees to the
following Productivity Enhancement pay formula for Unit II employees.

A. Pay Benefit:
In November of each calendar year, and June of each calendar year, unit members
who have completed at least six (6) years of continuous full-time service and who
meet the additional qualifications specified in this section shall qualify for one hundred
and three dollars ($103.00) for the completion of each year of continuous full-time
service in excess of five (5) years, up to an annual maximum of three thousand five
hundred and two dollars ($3,502) at the completion of 22 years of continuous full time
service.

In November of each calendar year, and June of each calendar year, unit members
who have completed twenty three (23) years or more of continuous full-time service
and who meet the additional qualifications specified in this section shall qualify for
one hundred thirty-eight dollars and eighty-nine cents ($138.89) for the completion of
each year of continuous full-time service in excess of five (5) years, up to annual
maximum of six thousand one hundred twelve dollars ($6,112) at the completion of
twenty-seven (27) years.

B. Qualifications:

1. An employee must have completed at least one year of continuous full-time
service at the top step in his classification.

Qualifications for Productivity Enhancement pay are made in the base class and
will not be affected by movement into or out of assignment positions. As well,
Productivity Enhancement pay will not be affected by movement to positions
within the same pay range.

When a position is reclassified to a higher classification, or when a classification
is assigned to a higher pay range, incumbents who are receiving Productivity
Enhancement pay shall be moved to that step of the new range which
corresponds to the closest to their combined base pay and previous Productivity
Enhancement amount (incumbent’s annualized payment), and which does not
result in a decrease from that amount. The placement in the new range will be
limited to the maximum step in the range. If the reclassification or pay range
change results in only a maximum possible one-range increase and the
incumbent is receiving Productivity Enhancement pay, he/she will be moved to
the top step and continue to be eligible for Productivity Enhancement pay.

2. An employee must have completed six (6) years of continuous full-time service.

3. An employee must have received an overall performance rating of “Met” on his
latest scheduled performance evaluation on file at the time of the qualifying date.

4. An employee must be on full-time active status. Employees on industrial leave
shall qualify for this payment for only the first year of the industrial leave.
However, the entire period of industrial leave shall qualify as continuous service
when the employee returns to active employment.

C. Terms of Payment:

1. The Productivity Enhancement payment will be pro-rated and included each pay
period in the qualifying unit member’s regular paycheck.

Section 3-2: Overtime

A. Overtime is defined as time assigned and worked beyond the regularly scheduled
workweek or daily work shift; it being understood that overtime for Unit members who
normally work a daily work shift of eight (8) consecutive hours, including a paid meal
period on the job, is defined as time assigned and worked in excess of forty (40)
hours in a seven (7) day work period, or eight (8) hours per daily shift including paid
meal periods. In addition, when an employee is assigned and works two (2) eight (8)
hour shifts, and/or two (2) ten (10) hour shifts, or any combination of the two shifts,
the second of which commences less than twelve (12) hours after the regularly
scheduled conclusion of the first, that amount of time falling within said twelve (12)
hour period is deemed overtime for purposes of Section 3-2 D below, except,
however, that such twelve (12) hour rule does not apply to regular shift change
situations, relief positions, and positions in the classification of Event Services Worker
at the Phoenix Convention Center. The twelve (12) hour rule also does not apply if
an employee works less than a full shift either before or after his/her regular shift.

B. For the 2019 – 2021 M.O.U. contract, except for paid sick leave, all duly authorized
paid leave time shall be considered as time worked for the purposes of the regularly
scheduled workweek (but not daily work shift). Paid sick leave shall not be considered
as time worked for the purpose of calculating overtime for the regularly scheduled
workweek.

The employee’s appropriate leave bank will be charged only for the difference
between the scheduled daily work shift and the hours actually worked that day.

C. Overtime shall be worked and shall be allowed if assigned by the non-Unit supervisor
or other authorized representative of the City.

D. Overtime work will be compensated at one and one-half (1 1/2) times the regular rate,
which will be computed in accordance with provisions of the Fair Labor Standards
Act. Such payment will commence after the first seven (7) minutes.

E. In lieu of cash payment, a Unit member may request compensatory time credits up
to a maximum accumulation of two hundred and fifteen (215) hours. Authorized
overtime hours worked in excess of the maximum accumulation shall be paid in cash.
The request for compensatory time credit must be made at the time the overtime is
worked. The Department Head shall make the final determination on the method of
payment (either cash or compensatory time). Use of compensatory time off shall be
subject to departmental approval and scheduling.

F. Compensatory Time Conversion

Effective July 1, 2018, a unit member may convert accumulated compensatory time
credits to cash twice per M.O.U. year, up to a maximum of seventy (70) hours by
notifying the Department Head in writing of such intent either July and/or November.
Payment will be made on or before August 31 or November 30.

G. The City shall endeavor to distribute the opportunity for non-standby overtime equally
between employees or crews of employees within the same classification and work
location.

In addition, records of overtime worked by employees minus Stand-By overtime
shall be posted monthly on a worksite bulletin board and distributed to the
designated Union Steward. In areas where no Steward is available, the list will be
sent
electronically
to
the
Union
Hall
general
email
address:
afscme2384@afscme2384.com. In addition, records of overtime worked by Unit
members shall be made available for inspection by an authorized representative of
the Union upon advance request and at reasonable times.

H. Overtime shall be voluntary, except however, the City reserves the right to assign
overtime in the event insufficient employees volunteer, or to avoid inadequate
staffing, or to ensure service delivery, or to conduct mandatory training.

I.
Where a ten (10) hour, four (4) day workweek schedule is implemented, overtime is
defined as time assigned and worked beyond ten (10) hours a day or forty (40) hours
a week.

Section 3-2A: Call Out Pay

The eight (8) hour period before the start of a Unit employee’s regular shift is to be called
“rest time.” If an employee is called out during this time, the employee shall be allowed to
adjust their work hours up to 4 hours (flex time) to allow the employee to have proper rest

before the start of the employee’s shift, whenever possible at the supervisor’s discretion.
Example: An employee starts at 6 am, and is allowed to start at up to 10 am to 8 pm.

An employee shall have a minimum of three (3) hours’ pay at overtime rates when called
out for work after going home from a shift, or when called out for overtime work while on
standby pay.

Overtime for this call-out shall begin when employees report to the place where they are
instructed to report and shall terminate forty-five (45) minutes after being relieved from
duty. These forty-five (45) minutes travel time shall be included in the minimum guarantee
and shall be paid only if the total work and allowed travel time exceed the minimum.

Travel time shall not apply when the employee is working on overtime which was planned
in advance. An employee requested to report early, before the normal starting time of the
shift, shall not be eligible for travel time, but would qualify for overtime for the extra time
worked.

Provisions of this section shall be interpreted in a manner which complies with the Fair
Labor Standards Act.

Remote Access Support
Employees on Stand by called to perform work by remote access, such as VPN, shall
receive a minimum of thirty (30) minutes pay at the overtime rate or the actual amount of
time expended, whichever is greater. Remote access overtime shall be paid even when
more than one call out is made provided these calls are separated by more than thirty
(30) minutes. Calls placed closer than thirty (30) minutes shall be treated as a single
event and subject to the actual time worked or minimum payment.

Telephone Support
Employees on Stand by called to perform work by means of telephone support shall
receive fifteen (15) minutes pay at the overtime rate or the actual amount of time
expended whichever is greater. Telephone support overtime shall be paid even when
more than one call out is made provided these calls are separated by more than fifteen
(15) minutes. Calls placed closer than fifteen (15) minutes shall be treated as a single
event and subject to the actual time worked or minimum payment.

Section 3-3: Out-of-Class Pay

A Unit employee who is temporarily required to serve in a regular authorized position in
a higher classification shall be compensated at a higher rate of pay in accordance with
the following:

A. To be eligible for the additional compensation, the Unit employee must first
accumulate ten (10) regular working shifts of assignment in the higher class within
any twenty-four (24) month period. Satisfactory performance during a previous

appointment to the higher class will be credited to the qualifying period. The days of
out-of-class will be credited to the qualifying period. The days of out-of-class
assignment need not be consecutive. Once this qualification is satisfied, no
additional re-qualification will be required. In addition, out-of-class credit shall be
given for out-of-class work for five (5) hours work for a ten (10) hour shift and for four
(4) hours work for an eight (8) hour shift.

B. Temporary assignments out-of-class shall be recorded only in full shift units. A Unit
employee working out-of-class for five (5) hours for a ten (10) hour shift or four (4)
hours for an eight (8) hour shift shall be credited with working out-of-class for the
entire shift.

C. To qualify for out-of-class pay, a Unit employee must be given the assignment in
writing by a non-Unit supervisor or other authorized management representative of
the City.

D. Time worked in a higher class shall not earn credits toward the completion of
probationary requirements in the higher class. Such time, however, shall be
submitted by the employee as creditable experience in promotional examinations for
the higher class.

E. A Unit member who has qualified under these provisions shall be compensated at
the minimum rate established for the higher class for each completed work shift
served in the higher class. In the event of overlapping Unit salary ranges, a minimum
one-step differential shall be paid for out-of-class assignments into Unit
classifications. The higher rate of pay shall be used in computing overtime when
authorized overtime is served in out-of-class work assignments. The overtime rate
shall be the rate established by the overtime regulations that apply to the higher
classification.

Section 3-4: Sick Leave Conversion at Retirement

A. Sick Leave Cash Out Formula

Upon retirement, bargaining Unit employees with a minimum of 750 hours of accrued
and unused sick leave, excluding the first 250 hours, will be paid for 25% of the
remaining hours as base hourly wage.

Additional language of this Section 3-4 is contained in Attachments B and C.

Section 3-4A: Sick Leave Payout

All accumulated sick leave hours on the city's official file at the time of the member's death
will be paid. Payment will be based upon the member's base hourly rate at the time of
death.

Section 3-5: Shift Differential Pay

Unit employees shall receive ninety cents ($0.90) per hour in addition to their regular rate
of pay when working a night shift which ends at or after 9:00 p.m., and before midnight,
and one dollar and twenty-five cents ($1.25) per hour in addition to their regular rate of
pay when working a night shift which includes work during the period after midnight to
4:00 a.m.

Employees shall receive shift premium pay only for hours scheduled and worked, and not
while on paid leave time.

Shift differential pay shall continue to be paid at the rate of the regular shift for any
additional hours worked preceding or following the regular shift. Night shift premium
pay applies to regular part-time employees.

Section 3-5A: Weekend Shift Differential Pay

Employees shall receive shift premium pay only for hours scheduled and worked, and not
while on paid leave time.

A Unit member shall receive forty cents ($0.40) per hour in addition to his base hourly
rate of pay and any other shift differential or any other premium pay he may be receiving
for working a weekend shift. A designated weekend shift is defined as any shift that starts
on or after 2:00 p.m., on Friday, and continuing through any shift that starts on or before,
but not after 11:59 p.m., on Sunday.

A Unit member shall receive weekend shift pay differential only for hours scheduled and
worked, and not while on paid leave.

A Unit member who is called out and works between 2:00 p.m., on Friday and 11:59 p.m.,
on Sunday, will be paid weekend shift differential for all hours worked at the rate specified
in this article. If a Unit member was called out while on stand-by status, he will not receive
weekend shift differential.

Section 3-6: Stand-By Pay

When a Unit member is required to be available for call-out outside the employee's regular
work schedule, the member shall be compensated for such assigned stand-by hours at
two dollars ($2.00) per hour. Starting in the first pay period in July 2007, stand by pay

shall increase to two dollars and fifty cents ($2.50) per hour. Employees serving in stand-
by assignments shall be subject to contact requirements as provided for by the
Department Head.

Section 3-7: Show-Up Time

Except in emergencies, an employee who is scheduled to report for work, has not been
notified to the contrary, and presents himself for work as scheduled, shall be paid for at
least four (4) hours at the applicable rate of pay. If work on the employee's regular job is
not available for reasons beyond his control, the City may assign the employee substitute
work. In the event scheduled work is interrupted due to conditions beyond the City's
control and substitute work is not available to be assigned, affected employees shall be
paid for four (4) hours at the regular rate of pay, beginning at release, or to the end of the
scheduled work shift, whichever occurs first.

Except in emergencies, an employee who is scheduled to report to work for overtime, has
not been notified to the contrary, and presents himself for work as scheduled shall be paid
for at least four (4) hours at the applicable rate of pay. An employee who is entitled to
four (4) hours of pay due to cancellation in whole or in part of their shift will not receive
pay for travel time to and from the worksite for this shift. Employees are not entitled to
submit vacation or compensation time for the remainder of an overtime shift.

An employee will only be paid at the overtime rate for hours “actually worked” and will be
paid at the otherwise applicable rate of pay for the remainder of the four (4) hours.
“Actually worked” is defined as the time the employee is scheduled and available to
perform work or performing job duties, prior to being released by a supervisor because
that work has ended.

Employees released hereunder prior to the end of their scheduled shift may be required
to stand by and keep themselves available for immediate call-back during the balance of
their scheduled shift (for which time they shall be entitled to stand-by pay under Article 3,
Section 3-6, "Stand-By Pay" hereof). An employee shall have the option of using either
vacation time or compensatory time for the balance of his regular shift. Employees called
back to work shall be entitled to their regular pay only and not any premium for work
performed during the balance of their regularly scheduled shift.

Section 3-8: Jury Duty

A Unit employee called for jury duty or subpoenaed by a court as a witness shall be
granted a leave of absence from municipal duties without loss of pay for the time actually
required for such service and reasonable travel time and shall, if he chooses, retain jury
or witness pay, except where such testimony or witness duty is the result of an employee's
official duties as a City employee.

To be eligible for paid leave for jury or witness duty, an employee must present verification
of his call to jury duty or witness duty.

Paid witness leave shall not be allowed when the Unit employee is the defendant or
plaintiff in a court action.

Section 3-9: Deferred Compensation Program

The City will contribute 3.62% of the base wage to a 401(a) Deferred Compensation
Plan (DCP) for each Unit employee for each year.

ARTICLE 4: Hours of Work/Working Conditions

Section 4-1: Hours of Work

A. This Article is intended to define the normal hours of work and to provide the basis
for calculation and payment of overtime pursuant to Article 3, Section 3-2.

The City, in collaboration with the Union, may experiment with flextime schedules
when the following conditions are met:

a. Approval of Department Head
b. Approval of Union President
c. Mutually agreed schedule between Unit Member and Supervisor
d. Signed Wavier

B. The work week shall only consist of a schedule of consecutive work days in a seven
(7) calendar day pre-established work period, except in the Equipment Management
Division of Public Works Department. Any changes to the consecutive workday
schedule will be made by mutual agreement between AFSCME 2384 and the City on
the 4 day, 10 hour work shift.

C. Within a five (5) day work schedule, the work day will consist of eight (8) hours of
work within any twenty-four (24) hours in a pre-established work schedule, excluding
relief positions. Within a four (4) day work schedule, the work day will consist of ten
(10) hours of work within any twenty-four (24) hours in a pre-established work
schedule, excluding relief positions.

The City and the Union recognize that no regularly scheduled shift lengths, other than
those outlined in Article 4, shall be observed in Field Unit II.

D. Relief Crews

At the 9lst Avenue and 23rd Avenue Wastewater Treatment Plants, there may be one
(1), but no more than one (1), relief crew per plant as determined by management.

E. Permanent regular work schedules showing the employees' shifts, workdays, and
hours shall be posted on appropriate department bulletin boards.

F. When changes are to be made by the City on a permanent basis for other than
emergency reasons, or where new permanent schedules are to be adopted, the City
will notify the affected employees and the Union Hall, not less than fourteen (14)
calendar days in advance and will notify the Union of such changes, prior to actual
implementation.

In emergency situations, temporary work schedules may be adopted without the
fourteen (14) calendar days notice to the affected employees. "Emergency" shall
mean unforeseen operational circumstances.

Employees have the option to waive their fourteen (14) calendar day notice and begin
their new schedule with the City and Union's written approval.

G. Summer hours shall begin no later than the last Monday in April and shall terminate
no earlier than the second Monday in September whenever such scheduling impacts
operations, all of which are within the discretion and control of the City, and where
such summer scheduling has been customarily used in the past. Summer scheduling
may, at the discretion of the City, be implemented earlier in the year than specified in
this section, or terminated later in the year than specified in this section.

H. The City may implement ten (10) hours per day, four (4) days per week work
schedules when it is determined by the City that such scheduling is beneficial to City
operations.

Section 4-2: Rest and Lunch Periods

Scheduled work shifts shall include meal periods to be observed as follows:

5 DAY WORK WEEK
MEAL PERIOD

8 hours

Under normal conditions, no less than 30 minutes on
the job, paid at straight time.

8-1/2 hours

No less than 30 minutes, unpaid.

9 hours

No less than 60 minutes, unpaid.

4 DAY WORK WEEK

MEAL PERIOD

10 hours

Under normal conditions, no less than 30 minutes on
the job, paid at straight time.

10 1/2 hours

No less than 30 minutes, unpaid.

11 hours

No less than 60 minutes, unpaid.

Two (2) non-work periods of fifteen (15) minutes during the above scheduled work shifts
shall be permitted to promote the health, safety, and efficiency of employees on the job.
Activities of employees during those non-work periods shall not be subject to any
unreasonable restrictions.

When work demands permit, with a supervisor’s approval, an employee may combine
their thirty (30) minute meal period with one of their fifteen (15) minute rest periods to
achieve a forty-five (45) minute meal period or combine two of their (15) minute rest
periods to achieve a (1) hour meal period. This paid leave time counts as hours
worked.

When an employee works overtime of two (2) hours or more in addition to their daily work
shift, they shall be entitled to an additional fifteen (15) minute break. Every additional two
(2) hours of overtime will entitle an employee to an additional fifteen (15) minute break.

After four (4) consecutive hours of overtime in addition to a full shift as defined in Sect.
3-2 A, an employee shall be entitled to a paid meal break of thirty (30) minutes, but in no
event shall an employee be entitled to more than one such break for every eight (8)
consecutive hours of overtime.

Employees shall be allowed reasonable time, as necessary, for personal clean up prior
to the commencement of the lunch and break periods.

Section 4-3: Clean-Up Time

Unit employees will be given time, in keeping with past practice, at the end of a normal
daily shift for personal clean up. Such time is in addition to and exclusive of any time the
City requires be spent for maintaining equipment.

Section 4-4: Seniority

A. The City shall provide the Union with a list of Unit members showing each Unit
member’s City employment date and class employment date.

B. Seniority shall be by length of service within a class. If seniority within the class is
not determinative, then length of service with the City shall prevail.

C. Seniority shall be used as a factor consistent with established Civil Service
procedures in choice of training, work assignments, vacation schedules, and in the
determination of layoffs.

Section 4-5: Bump/Bid Procedure Fleet Services Division

Policy: To provide an equitable system for employee selection of shift, days off, and area
location, the Union and the City recommend that departments considering the
implementation of a bump/bid policy for a designated group of Unit II employees use this
article as a guideline in the development of their policy.

A. General Guidelines

1. Annual Bump/Bid

There will be a full Bump/Bid each fiscal year, in December, which will become
effective the first pay period in January.

2. Interim Bump/Bid

A layoff, a transfer of a vacant position number to another shift or shop, the
addition of a permanent position number, a promotion, demotion, dismissal,
resignation, or retirement will be filled subject to the in-class Bump/Bid. This
means that any time positions become vacant within a particular classification, an
open sign-up will be held. Vacant positions will be filled according to the seniority
ranking of interested employees within a class.

3. Exceptions

a. The specialties listed below will be exempt from the general Bump/Bid
procedure. Employees in these specialties will Bump/Bid only within their
specialty and/or section.

1) Motorcycle Mechanics
2) Heavy Equipment Mechanics in the following assignments:
-Fire shop
-Off-road equipment
-Aerial equipment
-91st Ave. Treatment Plant
-Landfills
3) Police substations-
-Auto Technicians (master)
-Fire Shop Auto Technicians
-Equipment Service Worker II
4) Leads
5) Temporary, new hire and promoted employees*
6) Rovers
7) Make-ready shop (all personnel)

8) Service writers
9) Auto Parts Clerk III (annual bump for this class will be effective after the
physical inventory each year).
10) Engine diagnostic specialist
11) Equipment Service Worker II at the 91st Ave. Treatment Plant

*
Management reserves the right to place new employees on any shift and location
for a six (6) month period for training and evaluation purposes. These employees
become subject to the Bump/Bid procedure upon completion of six (6) months’
employment. The day after the due date shown on their six (6) month
performance rating will be the effective date.

At the end of the six (6) months, the position occupied by the temporary, new, or
promoted employee will become available to the most senior employee who has
signed up within the class. The two employees will then "switch" positions until
the next Bump/Bid.

b. Positions of employees who have been on long-term industrial leave or light
duty, or personal illness, for at least one hundred (100) days, at the time of the
annual bump/bid will be excluded from the process. Upon return to regular,
full-time employment, management will assign the employee to an available
shift and location until the next Bump/Bid. Employees must return to work
seven (7) days prior to the original bump/bid posting to be included in the
bump/bid.

4. Annual Bump/Bid Completion

All personnel shall be frozen into the position selected, except to bid for openings
created as outlined in Section 4-5 A (2) "Interim Bump/Bid."

5. Delegation of Authority

Employees may delegate/select a representative to participate in the bump/bid in
their absence. This may be done by completing a proxy form and presenting it at
the designated sign-up time. This form must be signed by the delegating
employee and the employee performing the selection. The actual Bump/Bid Sign-
up Sheet will be annotated by the employee's representative printing the
employee's last name and initialing the entry. The Proxy form shall be made
available to Unit employees by the City.

6. Official Notification

The annual bump/bid will be posted, in its entirety, for a minimum of fourteen (14)
calendar days prior to the official sign-up date. A copy of the document will be
posted at all Equipment Management Division Facilities.

B. Seniority

Seniority within classification will be the principal factor for bumping and/or bidding.

1. Determination of Seniority

Seniority constitutes length of certified status within a class of the City service.
When two or more employees have the same length of time in the class, the
employee with the longest certified City employment time shall be senior. If a tie
still exists, the employee with the least amount of leave of absence without pay
(excluding leave of absence due to sickness, injury, or military service) shall have
the greater amount of seniority.

2. Dispute Resolution of Seniority

Any disputes concerning the calculation of seniority length will be resolved by the
Public Works Department Human Resources Officer using the guidelines
identified in the above "Determination of Seniority."

Section 4-6: Technology

If technology will replace or enhance unit work, the City will notify the Union of
technological changes and upon Union request the appropriate Department will
discuss at regular Labor Management meetings with union leadership. As
determined by the City, the City shall provide employees with training required to
utilize the new technology,.

Data obtained from a vehicle camera system, Automatic Vehicle Locator (AVL),
Global Position System (GPS), telematics, or similar automated movement tracking
system may be used, along with a complaint; an investigation; or documented
performance-based concerns, in disciplinary decisions, but data from such
automated movement tracking systems will not be used as the sole basis for
decisions related to Unit employee discipline.

ARTICLE 5: Benefits

Section 5-1: Health Insurance and Employee Assistance

The City will continue to offer health insurance plans for Unit members.

A. Medical and Dental Insurance

1. The City and the Union agree to maintain the current split for the health insurance
monthly contribution for both single and family coverage. If there is a rate
increase or decrease, the City will pay 80% of the new monthly contribution and
the employee will pay 20%.

2. It is understood between the City and the Union that any changes in health
insurance benefits or rates shall be effective on or about January 1, and that the
City's monthly contributions will not, under any circumstances, exceed the actual
premium cost.

B. Employee Assistance Program

The City will continue the Employee Assistance Program, which will provide
confidential individual and family counseling to all Unit employees and their eligible
dependents. These services will be furnished by an independent contract agency to
be chosen by the City.

C. The City agrees to the continuation of a Health Insurance Advisory Committee for the
purpose of studying existing plans and to explore alternative plans. The Committee
shall include representatives of the City and Local 2384.

D. The $150 monthly allowance for Post Employment Health Plan accounts (PEHP)
continues for all qualifying employees eligible to retire after August 1, 2022. (The date
of an individual’s retirement eligibility was determined on August 1, 2007).

Section 5-2: Dental Insurance

The current dental split will also remain the same. For the base PPO and HMO dental
plans, if there is a rate increase or decrease, the City will pay 100% of the new monthly
contribution for single coverage. If there is a rate increase or decrease, the City will pay
75% of the new monthly contribution, and the employee will pay 25% for family dental
coverage.

The City agrees to contribute 100% of the cost to provide dental insurance for employees
enrolled in the base HMO or PPO plan for single employee coverage, and 75% of the
cost for family coverage.

The City agrees to retain the dental insurance plan for Unit members and their qualified
dependents. At a minimum, the plan shall include a PPO option that consists of 100%
payment of reasonable and customary charges covered for preventive and preventive-
related diagnostic services and 80% payment of reasonable and customary covered
charges for basic services and major services. The City shall retain a plan option that
includes an orthodontia benefit providing for 80% payment of reasonable and customary
charges up to a maximum lifetime benefit of $4,000 per person. Dental plans may be

subject to deductibles and limitations contained in the contract between the dental
insurance carrier and the City of Phoenix.

Section 5-3: Life Insurance

The City will provide at no cost to Unit employees off-the-job and on-the-job life and
dismemberment insurance with a face value equivalent to the employee's annual base
salary rounded up to the next one thousand dollars ($1,000.00) or twenty-five thousand
dollars ($25,000.00), whichever is greater; in addition, the City will also provide death in
the line of duty insurance with a face value of seventy-five thousand dollars ($75,000.00).
It is understood between the City and the Union that any change in life insurance benefits
shall be effective on or about January 1. The designated beneficiary of a Unit member
will be paid for all accumulated sick leave hours that remain on the City's official file at the
time of a line-of-duty death of the Unit member, and payment will be based upon the Unit
member's base hourly rate of pay at the time of death. The beneficiary shall be that
person designated on the in the eChris benefits portal for the City of Phoenix Group
Life Insurance Program on file in the City Human Resources Department.

Additionally, the City will provide to each Unit member a $200,000 death benefit covering
the Unit member’s commutation to and from his City work location. This policy will cover
the Unit member commute for up to two hours before his shift begins, and two hours after
his shift concludes. The Union will only pay the cost of this benefit the first year of the
M.O.U.

In the event of the death of a Unit member while commuting to or from his work location,
for a period of two hours each way, the City will continue to pay the full monthly health
insurance premium for the spouse and all eligible dependents. The City will cover the
payment of a supplementary commutation life insurance policy for each Unit member.
The Union will pay the cost of this benefit, if any, the first year of each new M.O.U. period.

Section 5-4: Long-Term Disability Insurance

Pursuant to A.R. 2.323, the City will offer a long term disability benefit for all regular full-
time unit members. The City may revise the A.R., provided, however, that such revisions
shall not conflict with the express provisions of the M.O.U. Employees who have been
continuously employed and working on a full-time basis for twelve (12) consecutive
months are eligible for long term disability coverage. After an established ninety (90)
calendar day qualifying period, the plan will provide up to 66 2/3% of the employee's basic
monthly salary at the time disability occurs and continue up to age seventy-five (75) for
employees who have been employed full-time for 36 months and one day. This benefit
will be coordinated with leave payments, industrial insurance payments, unemployment
compensation, social security benefits, and disability provisions of the retirement plan.
Unit II members must apply to activate this benefit.

Employees who have been employed full-time with the City of Phoenix for 36 months or
less, will be eligible to receive a long term disability benefit for no more than thirty (30)
months. Unit II members must apply to activate this benefit.

Section 5-5: Holidays and Vacation Leave

A. Employees, except those on hourly paid status, shall, when possible, without
disrupting the various municipal services, be allowed the paid holidays listed below:

New Year's Day
January 1
Martin Luther King's Birthday
Third Monday in January
President's Day
Third Monday in February
Cesar Chavez’s Birthday
March 31
Memorial Day
Last Monday in May
Juneteenth Day
June 19
Independence Day
July 4
Labor Day
First Monday in September
Indigenous Peoples’ Day
Second Monday in October
Veteran's Day
November 11
Thanksgiving Day
Fourth Thursday in November
Thanksgiving Day
Friday after Thanksgiving Day
Christmas Eve
Four (4) hours on December 24
Christmas Day
December 25

24 Personal Leave Hours
After completion of six (6) months' service

1. Personal leave hours are added to an employee’s vacation leave bank to be used
as such.

2. When a holiday named herein falls on Sunday, it shall be observed on the
following Monday, and when a holiday named herein falls on a Saturday, it shall
be observed on the preceding Friday, except that the Library Department may
observe such holidays on Saturday, and in the case of continuous and/or seven
(7) day operations, holidays shall be observed only on the calendar days on which
they actually fall. This paragraph shall not apply to Christmas Eve which shall be
granted only when it falls on the employee's regular scheduled workday.

A Unit employee working in continuous and/or seven (7) day operation, whose
regularly scheduled day off falls on a holiday specified above, who is not on
standby (Article 3 Section 3-6), and who is scheduled to work a regular shift on
such holiday and scheduled day off, shall be compensated as follows: eight (8)
hours pay for the holiday plus pay at time and one-half (1 1/2) the regular rate for
each hour assigned and worked to a maximum of eight (8) hours.

B. Vacation Accumulation

Vacation accrual, carryover, and separation pay-out shall be governed by the
following table:
MONTHLY
SERVICE

ACCRUAL

0-5 years

8 hours
6-10 years

10 hours
11-15 years

11 hours
16-20 years

13 hours
21+ years

15 hours

MAX. CARRYOVER

MAX. PAYOUT

192 Hours

240 Hours
240 Hours

300 Hours
264 Hours

330 Hours
312 Hours

390 Hours
360 Hours

450 Hours

Unit members shall be allowed “vacation sell-back” twice per calendar year, on the
last paycheck of November and/or May. The total annual buy out is up to a maximum
of eighty (80) hours taken in no more than forty (40) hour increments, after the
employee has accumulated a minimum of one hundred twenty (120) hours of
vacation leave. The employee must take a minimum of forty (40) hours of
vacation/comp-time during the calendar year to qualify for these payments.

Unit members may contribute accrued vacation or compensatory time to other
employees in accordance with City policy governing contribution of leave for serious
illness of an employee or their immediate family member. An immediate family
member is defined as the employee’s spouse, qualified domestic partner, mother,
father or child. Child is defined as a biological, adopted, foster or stepchild, legal ward,
or a child of a person standing in place of a parent. Or a brother, sister, grandparent,
or in-law who are living with the employee and under his/her care. Requests to
receive such leave contributions will require a completed doctor’s certification.

All unit members whose regularly assigned work week consists of 4/10 hour shifts,
shall not be required to submit documentation for 2 hours of paid leave on City
holidays as listed in Section 5-5(A).

Section 5-6: Uniforms

A. Airport Security Guards (Class Code 24000) uniforms will be supplied by the Aviation
Department.

B. On the effective date of this Memorandum, the City will assume responsibility for the
weekly cleaning/laundering of uniforms issued to those Unit members who are
employees of the Equipment Management Division of the Public Works Department.

Section 5-7: Parking

A. Employees regularly assigned to the Airport Terminal buildings shall be provided
parking facilities without charge at a location at the airport to be specified by the
Director of Aviation.

B. All employees who pay for parking will be charged half price at any downtown City
owned parking garage if they park a motorcycle.

C. All regular full-time and regular part-time Unit employees will receive, upon request,
a City issued bus pass at no cost to the employee.

D. The City will provide 4 parking cards to the Union.

Section 5-8: Tool Allowance

A. Unit employees in the following eligible classifications will receive a tool maintenance
allowance of three hundred dollars ($300.00) per annum.

Payment for tool allowance will be made on or about September 1.

Classification

User Technology Specialist U2

Instrumentation and Control Specialist

Trades Helper, Assigned U2

Equipment Service Worker I

Electrician Helper

Electrician Apprentice

Electrician

Electrician, Assigned Lead

Traffic Signal Technician

Telecommunications Specialist

Welder, Assigned U2

Building Equipment Operator I, assigned U2

Building Equipment Operator II, assigned U2

Building Maintenance Worker, Assigned U2

Locksmith

B. Unit employees in the following eligible classifications will receive a tool
maintenance allowance of six hundred dollars ($600.00) per annum.

Payment for tool allowance will be made on or about September 1.

Equipment Service Worker II

Automotive Technician and all assignments

Heavy Equipment Mechanic and all assignments

Equipment Repair Specialist

Body Repair Specialist

Helicopter Mechanic

Fuel Systems Support Technician

Aircraft Technician and assignment

Section 5-9: Parental Leave

A. The City will, as a matter of general policy, and subject to operational needs,
authorize up to three (3) months of unpaid leave for an employee who is the parent
of a newly born or legally adopted child or any Unit member who needs to care for
an ill family member. Family members include spouse, children (natural, adopted,
foster, or stepchildren), brother, sister, parents, grandparents, as well as others living
in the same household with the employee. Approval and use of this leave shall be
subject to existing Personnel Rules.

B. An employee may use up to ten (10) hours of accumulated sick leave in at least one-
hour increments each calendar year for the home care or medical treatment for an
immediate family member residing in the employee’s household. When there is an
extreme illness or injury situation where a life or death question exists involving an
immediate family member, an employee may use up to five (5) days of accumulated
sick leave. (This should not be construed as bereavement leave under Personnel
Rule 15g).

In addition, employees may have dependent care situations where the above leave
is insufficient to cover their absence. Therefore, employees will be allowed to use
unscheduled accumulated vacation or compensatory time for the care of an
immediate family member up to a maximum of five (5) incidents not to exceed a total
of forty (40) hours each calendar year.

For all the above mentioned leaves, (sick leave, vacation, and compensatory leave)
the employee will not have these leaves be considered a negative factor, when
evaluating the job performance of an employee involved in a leave-management
program, up to a maximum total of seven (7) incidents per calendar year. An incident
is defined as an absence from work, regardless of the length of time.

An immediate family member is defined as the employee’s spouse, qualified
domestic partner, mother, father or child. Child is defined as a biological, adopted,
foster or stepchild, legal ward, or a child of a person standing in place of a parent. Or
a brother, sister, grandparent, or in-law who are living with the employee and under
his/her care.

In FY 2024, the City and the Union will meet and discuss changing sick leave
codes (e.g., BN, BO, Bl, BE).

ARTICLE 6: Miscellaneous

Section 6-1: Saving Clause

A. If any article or section of this Memorandum should be held invalid by operation of
law or by a final judgment of any tribunal of competent jurisdiction, or if compliance
with or enforcement of any article or section should be restrained by such tribunal,
the remainder of this Memorandum shall not be affected thereby; and upon issuance
of such final decree, the parties, upon request of either of them, shall meet and confer
to endeavor to agree on a substitute provision or that such a substitute provision is
not indicated.

Section 6-2: Copies of Memorandum

Within sixty (60) days of the date that this Memorandum is adopted by the City Council,
the Union will arrange for printing of jointly approved copies of it for furnishing one to
every Unit employee, Unit supervisor, and to management personnel. The cost of such
duplication and distribution will be borne equally by the Union and the City.

Printing vendors secured by the Union shall comply with Ordinance G-1372 (Affirmative
Action Supplier's Ordinance), as may be amended, and Ordinance G-1901 (Affirmative
Action Employment by Contractors, Subcontractors and Suppliers), as may be amended.

Section 6-3: Apprenticeship Programs

The City will make available to the Union copies of all existing apprenticeship agreements
affecting Unit II employees.

The Union and the City shall continue the Joint Apprentice Programs.

The Phoenix and Unit II Apprenticeship Program shall be organized with a set of
standards established by a 5-person Joint Apprenticeship Committee (Committee).
The Committee shall be comprised of 2 Union representatives, 2 City of Phoenix
representatives, and 1 City of Phoenix Human Resources Department Safety
Section employee. The Committee shall monitor apprentices' performance. A
quorum shall consist of one (1) member from the union and the one (1) member
from the City and one (1) Safety Section employee.

Section 6-4: Part-Time Employees

A. Hourly paid Unit members, excluding seasonal and temporary employees, who have
worked a minimum of fifty (50) hours in each pay period for twenty-six (26)
consecutive weeks shall be entitled to vacation credits of four (4) hours per month.
Vacation credits shall be calculated and paid in cash, in December and June.

Continuation of this entitlement will be determined on November 1, February 1, and
May 1. If the employee has worked a minimum of fifty (50) hours in each pay period
in July, August, and September, his participation shall continue for the period
November through January. A similar review and qualification will be required for
October, November, and December; January, February, and March; and April, May,
and June. If the employee separates from City employment, the participation will
cease.

B. Hourly paid employees, excluding seasonal employees, may be considered for
advancement from pay step 1 to pay step 2 after completing 1,040 hours of work at
step 1. Advancement from pay step 2 to pay step 3 and each subsequent step in a
range may be considered after working 2,080 hours in each step.

C. No full-time or part-time permanent employees in the City Civic Plaza Department
shall be displaced or their hours reduced by the utilization of temporary employees,
unless the issue has been discussed by the parties in a Labor/Management meeting
and the City has complied with the provisions of Management Procedure 5.501,
dated February 7, 1994.

Based upon mutually agreed upon frequency, departments will establish regular
Labor Management meetings with union leadership to ensure productive
communications on items such as: department policy changes and the outsourcing
of services currently performed by unit members which could directly result in a
reduction in the number of permanent Unit positions (“contracting out”).

Section 6-5: Department Certifications and Required Licenses

The City will reimburse Unit members of the Water Services Department for expenses
incurred as a result of acquiring and maintaining certification required by the Arizona
Department of Environmental Quality. Unit member of the Water Services Department
will be reimbursed for 1 (one) fail and/or 1 (one) pass per certification.

Employees will be allowed City time to renew their CDL license and/or related
endorsements and will be reimbursed for such renewal fees which include the HAZMAT
background screening fee.

The City will provide reimbursements to Unit members for CDL endorsements.

Employees in the Water Services Department will receive a one-time special merit
increase/step adjustment when they obtain a higher ADEQ Grade Certification than
required for their job classification. Employees must provide a copy of their examination
results.

When the employee obtains a higher ADEQ Grade Certification and submits results for
reimbursement or merit increase, there will be no change to the employees PMG
anniversary date.

Section 6-6: Safety Manual

The parties agree that, during the term of this Memorandum, the City will publish a Safety
Manual covering all citywide safety issues.

The Health and Safety Committee established in Article 2 Section 2-3 of this
Memorandum will be given the opportunity to review and to offer input on the manual
while it is in draft form and before its final publication.

Once published, there will be no changes made in the manual without the review of the
Health and Safety Committee.

Employees are entitled to exercise the rules under OSHA by relating to the competent
person assigned that the situation is unsafe and in conflict with OSHA rules.

Section 6-7: Term and Effect of Memorandum

A. This Memorandum shall remain in full force and effect commencing with the
beginning of the first regular pay period in July 2024up to the beginning of the first
regular pay period commencing in July2026, and thereafter shall continue in effect

year by year unless one of the parties notifies the other in writing no later than
December first of the final contract year of its request(s) to modify or terminate it.

B. Except as expressly provided in this Memorandum, the City shall not be required to
meet and confer concerning any matter, whether covered or not covered herein,
during the term or extensions thereof.

However, the parties will continue to meet with affirmative willingness to resolve
grievance and disputes relating to wages, hours and working conditions without
effecting the terms of this agreement.

C. If any section or provision of this Memorandum violates existing Federal, State, or
City law, then such law shall supersede such provision or section.

D. The lawful provisions of this Memorandum are binding upon the parties for the term
thereof. The Union having had an opportunity to raise all matters in connection with
the meet and confer proceedings resulting in this Memorandum is precluded from
initiating any further meeting and conferring for the term thereof relative to matters
under the control of the City Council or the City Manager.

E. The provisions of this Memorandum apply to all Unit employees, except that
entitlement to health, life, and long term disability insurance; holiday, overtime, and
show-up time benefits for regular hourly employees shall continue in accordance with
present practice and policy.

Permanent employees shall not be laid off from City employment and replaced by the
hiring of part-time employees solely for the purpose of eliminating the cost of existing
full-time benefits received by permanent employees.

F. This Memorandum constitutes the total and entire agreements between the parties
and no verbal statement shall supersede any of its provisions. All side agreements
modified during this contract period must contain an effective starting and expiration
timeframe. Any supplements, amendments, or modifications to this M.O.U. shall be
executed by duly authorized representative of each party.

Section 6-8:

The City shall create an Employee Memorial for those Unit II employees lost to
COVID-19 to thank them for their service to the City of Phoenix. This Memorial can
be in conjunction with other Memorials the City may have planned.

IN WITNESS WHEREOF, the parties have set their hands this
_______ day of May, 2024

_____________________________________________________________________
Jason Henley, President, AFSCME Local 2384

_____________________________________________________________________
Jason Perkiser, Assistant Human Resources Director, Labor Relations, City of Phoenix

_____________________________________________________________________
Jeffrey Barton, City Manager, City of Phoenix

ATTEST:

______________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix

APPROVED TO FORM:

______________________________________________________________________
City Attorney, City of Phoenix

AFSCME 2384 Team:
City of Phoenix Team:
Jason Henley, President
Jennifer Grøndahl, Deputy Human Resources Director
James Sagar
Brandy Kelso, Water Services Department
Lorenzo Ortega
Gabe Nevarez, Aviation Department
James Mckenna
Keith Carbajal, Public Works Department
Diana Peterson
Bob Fingerman, Phoenix Convention Center
Donald Furnival
Donna Maroney, Deputy Human Resources Director
Alejandro Gutierrez
Michelle Fernandez, Human Resources (Coordinator)
Derek Sigurdson
Sylvia Montenegro, Human Resources (Scribe)
Ben Lundy

Addendum A - Allocation of Stewards

The allocation of new steward positions under Article 1 will be referred to the Labor-
Management Committee for appropriate action.

Guidelines for designation of new stewards shall include:

1. A designated steward must be one from amongst employees regularly working at
a specified job site.

2. The designation of job site stewards shall take into consideration the following:

a. proportional representation of approximately 1-30,

b. organizational structure of department,

c. avoidance of duplicating service,

d. crew size of work unit divisions.

ATTACHMENT A

(Subject to Reallocation)

Site Steward Allocations

Department/Division
Site

Aviation/Facilities & Services
Sky Harbor Airport/Airfield Maint.

Sky Harbor Airport/Electrical Maint.

Sky Harbor Airport/Fleet Maint.

Sky Harbor Airport/Building Maint.

Sky Harbor Airport/BHS Maint.

Sky Harbor Airport/Sign Shop

Sky Harbor Airport/Landside Maint.

Sky Harbor Airport/Terminal Services

Sky Harbor Airport/Vertical
Transportation

Sky Harbor Airport/F&S Admin

Sky Harbor Airport/Energy Systems/Lock
Shop

Sky Harbor Airport/Mechanical
Maint./Weld Shop

Sky Harbor Airport/Supply
Aviation/Technology
Sky Harbor Airport/Aviation Headquarters
Aviation/Operations
Sky Harbor Airport
Aviation/General Aviation
Deer Valley Airport Goodyear Airport

Facility Maintenance
Phoenix Convention Center
Event Services
Phoenix Convention Center

Housing/Conventional
All Conventional Sites
Elderly
All Elderly Sites

Public Works Bldg. Maint.
2631 S. 22nd Ave.
Fleet Services
22nd Ave. Service Center

Fire Operations

Salt River Service Center

Union Hills Service Center

Glenrosa Service Center

Okemah Service Center

Fire Operations Center
150 S. 12th St.

Street Transportation
Materials/Insp (1034 E. Madison)
Street Transportation
Survey (1034 East Madison)
Street Transportation
Traffic Signal Shop (2141 E. Jefferson)

(Subject to Reallocation)
Site Steward Allocations

Street Transportation
Inspections/ City Hall 5th Floor
Street Transportation
Inspections/ Union Hills Service Center
Water Environmental and Safety
23rd Ave. (2474 S. 22nd Ave, Bldg. 31)
Wastewater Collection
East Yard (3015 N. 52nd St.)

North Yard (138 E. Union Hills)

South Yard, TV, Lift Stations (2470 S.
22nd Ave.)

West Yard (4020 W. Glenrosa)
Water Meter
Area 1 (1401 E. Hess)

Area 2 (6202 N. 24th St.)

Area 3 (10255 N. 23rd Ave.)

Area 4 (2333 W. Durango)

Area 5 (138 E. Union Hills)

Specialized Field Operations (3045 S.
22nd Ave.)
Water Production
24th St Water Treatment Plant (6202 N.
24th St.)

Deer Valley Water Treatment (3030 W.
Dunlap Ave.)

Union Hills Water Treatment (2001 E. Deer
Valley)

Val Vista Water Treatment (3200 E.
McDowell, Mesa)

Remotes North (21642 North 20th St.)

Remotes South (3015 N. 52nd St.)
Water Distribution
Campbell Yard, Utility Locating (4436 N.
35th Ave)

Cave Creek Yard (21642 North 20th St.)

Corona Yard (936 E. Broadway)

Morten Yard (7617 N. 21st Ave.)

Reservoir Yard (3015 N. 52nd St.)

Rio Yard (3045 S. 22nd Ave.)
Wastewater Treatment
23rd Ave. Wastewater Plant (2470 S. 22nd
Ave.)

91st Ave. Wastewater Plant (5616 S. 91st
Ave.)
Water/Wastewater Specialized Svcs
Electricians

Instrument & Control Specialist

Chief Steward Allocations

Department
Division

Aviation Sky Harbor
All (4)
Police/Fire/Street Trans.
All (3)
Public Works
All (2)
Housing
All (2)
Water/Wastewater
Wastewater Treat. (23rd Ave/91st Ave) All (3)
Wastewater Collections
All (2)
Water Meter
All (2)
Water Environmental and Safety
All
Water Production
All (3)
Water Distribution
All (2)
Specialized Services
All (2)

Lead Steward Allocations

Department

Aviation (3)
Public Works (2)
Street Transportation
Phoenix Convention Center (2)
Fire
Housing
Police
Water Services (6)