Unit 1 (LIUNA 777) Proposed MOU.pdf

City of Phoenix — Formal (2023-12-06)

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MEMORANDUM OF UNDERSTANDING
2023 — 2024
BETWEEN
LABORERS' INTERNATIONAL UNION
OF NORTH AMERICA,
LOCAL 777, AFL-CIO
AND
CITY OF PHOENIX

REPRESENTING FIELD UNIT | EMPLOYEES

TABLE OF CONTENTS

Section 2-3. Bargaining Unit Work........sssssssescsssssssessessssssssssssnessnsssesssssssssessusesassisuneceeseesen 27

Section 2-4. Health and Safety Committee

Section 2-5. Public Outreach & Public/Employee Safety Cross Training .........sssssscssssses 29

Section 2-6. Laborers’ Apprenticeship Projects

ARTICLE 3: COMPENSATION / WAGES.....cccsssssscsssssssssssssssssressnsssssnsssssscssssssseensenuunessescsescessses 31

Section 3-1. Wages

Section 3-2. Productivity Enhancement PAY wcssscsssnssessescrsacssssecsssssescascessesenvscssnsserssseesunrescuessseses 32,

Section 3-3. Overtime ....ssssssssssssssssersesueessnssesnnssasisusssssssnensacsesnsstseussessatassasisassasnecesseses 33

Section 3-7. Shift Differertial Pay .......sssssssssssssssssssssssessessessssssssssssssssussesssssnsesusesssscececsssses 37

Section 3-8. Weekend Shift Differential Pay....

Section 3-9. Stand-By Pay..ccccsssssssscsssssessssseesssssssssssersesnscesetisssssssssssssusstsissastssueseseescesseeses 38

Section 3-10. SHOW-Up Time uuu... csssssssessscsscecsssssssscsesesesnssenesesscncsosscscenescasenesscessecsscserarsecsessacsesea 38
Section 3-11. Jury Duty Pay .....sscsssssssccssccccsssscsescnsessesnsssssessesscnessasacsssssssccnessssavesesessseeneesssnesesane 39
Section 3-12. Deferred Compensation Program ........sscscssssssssscvssecessesesessssecesssessteseesensreneeetsee 39

Section 3-13. Sick Leave Conversion at Retirement

ARTICLE 4: HOURS OF WORK / WORKING CONDITIONG........csssssssssssessssssssssssessnsseseeesseesesseee 40

Section 4-1. Hours of Work

Section 4-3. Clean-Up Time ou... sssssssssessssesecsesssssessessnssssssessnscsecsescesesussecarsnesnecusenssenccneneeseneeesses 42
Section 4-4. Seniority 0... .cccesssssssssssssccesscssssessssessvsseseresssenssvensenssaneacsscseesesseessevecsessscsecsensssseeesane 43
Section 4-5. Transfer Program...........ssssssssssscsssssssecessecsscsssssecssassscsscnsccscsessccessenceseasencsnssesensveneeeeees! 43 |
Section 4-6. CDL Renewal........sscsssssssscsecsssssssnsrssesneesecsncnsenssnsssesesccnsesessnssnscussenssassssessnenseaenseuceeeens 43
ARTICLE 5: BENEFITS. .....cscssccsessssssscssssnenssssscnvevensosssssonsnscssossssssessesssnessusassessucssacsesessssssesusssunsenonsenseeevens 44

Section 5-1: Employee Assistance....

Section 5-2: Health and Dental INSUraNe ..........scccscssssscseescneesecsterscacsecseessenees sesssseseseseeensssesensens 44

Section 5-3: Life Insurance

Section 5-4. Long Term Disability InSUrance..........sesssesessssscssceccescesseessssanssneccavecnessoreavesaseness 45
Section 5-5. Holidays, Vacation Pay, Family Leave, and Leave Donations.................:.0 46
Section 5-6. Tuition ReimbursemMent..........ccsssssssssssccssesssenssavssvessvessessscocssessesenesenssensenesnsnecensnese 49

ARTICLE 6: MISCELLANEOUS .........csssssssssssssssenssssessecsesesessesussessessvesecasenssesnesnssessesenssarensseesssensaesen 50 |
Section 6-1. Saving Clause ou... sessccsssessssssssessscsssscnssasssssssecsssessecssscsensscsssessussessussessscsascenenesoseeses 50 !
Section 6-2. Copies Of MOU... sesessscecscsesossscnesseserseseceerssserersssesseenseelesesacsessescaeeneensaseseaenscearensees 50 |
Section 6-3. Aid to Construction of Provisions Of MOU..............sscsssssssssscssssssesesseneensseeaseneee 50
Section 6-4. Part-Time EMmployees............ssssssssssscssccsscsececessssesssssssessssssscnsssssaesvesnessnsssnesesesaecssenees 50

Section 6-5. Term and Effect of MOU....

PREAMBLE

Whereas the well-being and morale of 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”) 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 except as expressly and lawfully modified
herein; and

Whereas the parties agree that the Phoenix Employment Relations Board (PERB) 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 |; and

Whereas it is understood by the parties that any hours or fractions of hours spent outside
the employee's work shift in pursuit of rights and benefits provided by this Memorandum,
shall not be counted as hours or time worked for the purpose of calculating and paying
overtime;

Now therefore, the City of Phoenix, hereinafter referred to as the "City" and Laborers’
International Union of North America, Local 777, AFL-C1O, 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 the body resolve to adopt its
terms.

ARTICLE 1: RIGHTS

Section 1-1. Purpose

It is the purpose of this Memorandum of Understanding (hereinafter "MOU") to continue
and maintain harmonious relations, cooperation and understanding between the City and
its employees; and to set forth the full and entire understanding of the parties reached as
a result of good faith meeting and conferring regarding wages, hours, terms and
conditions of employment of the employees covered hereby, which understanding the
parties intend jointly to submit and recommend for approval and implementation to the
Mayor and City Council.

Section 1-2. Recognition

The City of Phoenix recognizes Laborers’ International Union of North America, Local
777, AFL-CIO, (hereinafter "Union") as the sole and exclusive meet and confer agent
pursuant to the Meet and Confer Ordinance for all regular employees in positions as
certified or hereafter certified by the Phoenix Employment Relations Board (PERB) as
constituting Field Unit I. This includes the following positions in Unit |:

All regular full-time and part-time field employees employed by the following City of
Phoenix Departments: (1) City Clerk — Mail Room, (2) Human Services — Laborers, (3)
Parks & Recreation — Division Operations, Sports and Turf Management, Specialized
Maintenance, and Aquatics Division, (4) Public Transit - Minibus Operators, (5) Public
Works — Solid Waste Collections and Disposal Divisions, Landfill Operations and Transfer
Stations, and (6) Street Transportation - Street Maintenance Division, Sign
Manufacturing, Street Marking and Parking Meter Sections.

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

The City will notify the Union, in writing, 30 calendar days in advance before any new
position or classification is placed permanently within Unit 1. The parties agree to cansult
on the inclusion or exclusion of new classification(s) in Unit | and will thereafter refer any
such matter to PERB for appropriate action.

if any conflict exists between the language in the Administrative Regulations or
employment/department rule and the language of this MOU, the MOU shall prevail.

Section 1-3. City and Department Rights

A. The Union recognizes that the City has and will continue to retain, whether exercised
or not, the sole and exclusive right to operate, administer and manage its municipal
services and work force performing those services in all respects except as expressly
modified by this MOU.

B. The City Manager and Department Heads have and will continue to retain exclusive
decision-making authority on matters not officially and expressly modified by specific
provisions of this MOU, 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 MOU 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 the Meet and Confer Ordinance.

Section 1-4: Union Rights

A. No employee shall suffer reprisal for the exercise of rights granted by this MOU.
B. Union Release

The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and LIUNA Local 777 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 unit employees during administrative investigations and
grievance/disciplinary appeal meetings with management; participating in
collaborative labor-management initiatives that benefit the City and the unit
employees; serving on City and departmental task forces and committees; facilitating

effective communication between City and Department management and unit
employees; assisting unit employees in understanding and following work rules; and
administering the provisions of the Memorandum of Understanding. The cost to the
City for these release positions, including all benefits, has been charged as part of the
total compensation contained in this agreement in lieu of wages and benefits.

Full-Time Release Positions

Three (3) persons designated as official full-time release Union representative for
the unit shall be allowed up to 2,080 work hours for each representative per MOU
year to engage in lawful Union activities pursuant to and consistent with this MOU.
The full-time release positions agree to be bound by all City rules and regulations.
Time used for this purpose in excess of 2,080 hours for each representative shall
be at the expense of the Union and the Union shall reimburse the City at the
employee's hourly rate of pay. The City will pay the employee's full-time fringe
benefits.

The Union shall notify Labor Relations and the appropriate Human Resources
Liaison 5 working days in advance when requesting release time for the above
official designated Union representatives.

The Union will submit quarterly reports to the Labor Relations Division documenting
the regular work schedules of the release positions and any leave used during the
quarter.

Upon return from full-time release, the official Union representative shall be
reinstated to their original location/yard and schedule. If the previous location is no
longer available, then the employee will have their choice of location/yard and
schedule based on availability and operational need as determined by the
department. Once at the location/yard the employee will, if applicable, receive an
available assignment of route, truck and partner. They will then have an opportunity
to participate in the next future transfer process in accordance with the department's
transfer policy. In addition, any approved leave time the employee had scheduled
prior to their return to their department shall be honored by the department.

The City will provide 3 parking cards to the Union.
Union Stewards

The Union may designate 45 Union members as stewards and shall notify the Labor
Relations Administrator of such designations. There shall be no obligation on the
City to change or adjust normal departmental scheduling or assignments of
personnel as a result of such designations. Such designations shall be made from

amongst Union members regularly working at the job sites within the proximate
geographic area where they are intended to provide representation. The Union shall
endeavor to be equitable in the distribution of its stewards.

a) One such representative from the Grievant's home department may, after the
Grievant and the supervisor were unable to resolve the matter informally (Article
2, Section 2-1-A), when the Union is designated by a Grievant as his
representative, attend mutually scheduled grievance meetings and hearings
with department representatives without loss of pay or benefits. Paid release
time used for any other purpose, such as gathering information, interviewing the
grievant or witnesses, or preparing a presentation shall be charged against the
bank of Union release hours (Section 1-4 D).

b) City employees who are on duty and are, either witnesses, charging parties,
appellants or grievants and the shop steward representing any such employee
from the employee’s home department, may attend grievance, Civil Service,
Phoenix Employment Relations Board (P.E.R.B.) and department Accident
Review Board meetings on City time provided 1) it is for their particular case
which is either scheduled or on the public meeting agenda for that date and time
and 2) Once a witness testimony has been concluded, or if a grievant, charging
party or appellant once that agenda item has been completed or the grievance

meeting concluded, unless they have made other arrangements in advance with —

their immediate supervisors approval, they will promptly return. to work.
Management reserves the right to restrict the number of witnesses who can be
off of the job at any one time but will cooperate in rotating witnesses from the
workplace so as to minimize the impact to operations and service to the public.
For group grievances the group will be allowed to select no more than two non-
witness grievant representatives to attend the proceeding. These do not have
to be the same group grievant representative for each step or meeting of the
entire proceeding. As a matter of courtesy, employees will give management as
much notice as possible.

c) Union designated representatives shall be admitted to the buildings and
grounds of the City for the purpose of assisting in the adjustment of grievances
and other official Union business, so long as such will not, in any manner,
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 with the operational and safety regulations and procedures
as directed by the supervisor.

3. Bank of Union Release Hours

The Union will be allowed, subject to operational and scheduling factors and 4
working days advance request in each instance, a unit total of 4,287.25 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. The cost to the City for these
release hours, including fringe, has been charged as part of the total compensation
contained in this agreement in lieu of wages and benefits. Examples of how these
hours are used by the Union include:

* For Executive Board members to attend meetings of the Executive Board,
meetings of the general membership, and for preparation for negotiations.

* For stewards to provide representation when a steward from the employee’s
home department or a full-time release employee is unavailable.

* Fora second representative to attend a grievance or investigative meeting.

* For authorized representatives to attend Union conferences, meetings,
seminars, training classes and workshops so that representatives better
understand issues such as City policies and practices, conflict resolution, labor-
management partnerships, and methods of effective representation.

* For authorized representatives to research and prepare for grievance meetings
and disciplinary hearings.

* For authorized representatives to educate and communicate with unit
employees in support of City policies and programs, and participate in City
partnerships.

Only one representative may be released from the same work group at the same
time. No representative will be permitted to use more than 420 hours of release
time from the bank of hours in any one MOU year.

Any hours used in excess of the bank of Union release hours must be approved by
the Labor Relations Administrator and the LIUNA Local 777 Lead Business
Manager. 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 surplus of hours will be carried over into the next year to a maximum total
Union release of 7500 hours.

a) The Union shall be allowed up to $20,000 per MOU year to be used towards
LIUNA Local 777-City of Phoenix Apprenticeship Programs to purchase training
materials, uniforms, promotional outreach materials, instructional activities such
as schools and workshops, and any other activity approved by the Human

Resources Director or his/her designee for Unit employees approved to
participate in the Apprenticeship Programs. These monies are to be paid to the
Union in one lump sum in the first pay period of each MOU year. The Union will
document the nature of the expenditures made for each Unit employee
approved to participate in the Apprenticeship Programs. The City Auditor
Department may conduct an audit of the funds designated for the
Apprenticeship Programs-periodically. Any payments not adequately supported
by the documentation of expenses, or payments made for activities outside the
scope of this agreement, will be returned to the City by the Union.

At the end of each fiscal year, any money not expended on the Apprenticeship
Programs will be carried over to the next year for continued use in these
programs. The funds set aside for the Apprenticeship Programs will not exceed
$30,000 and the City and the Union will discuss appropriate measures to ensure
the Union receives the appropriate economic value.

b) In recognition of the mutual benefit provided to the City and the Union by the
fulltime release positions, the City agrees to pay the Lead Business Agent of
the’ Unit two hundred and eight overtime hours each MOU year. The two full
time Union Representatives will be paid 80 hours overtime each MOU year. The
overtime will be paid on the last paycheck of July upon request of the Union.
The Union shall make such request no later than June 1.

The Union agrees to reimburse the City of Phoenix for the equivalent salary
costs plus fringe benefits on or before the last day of July each MOU year.

C. Unit employees may be authorized in advance in writing to engage in lawful Union
related activities during City work hours on a non-paid basis by the City Manager or
his designee in his unrestricted discretion consistent with this MOU.

D. There shall be no use of official time for unit-related activities except as has been
expressly authorized under this MOU. The City reserves the right to deny approval of
request for use of official time for activities not expressly authorized under this MOU.
The City shall not arbitrarily deny requests for use of official time for union activities.

E. Payroll Deductions

1) The City shall deduct from the first and second pay warrants of Union members, in
each month, the regular periodic Union membership dues as certified by an
authorized official of the Union and regular periodic Union sponsored insurance
benefits 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 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 deductions shall be made only when the Union member's earnings for
a pay period are sufficient after other legally required deductions are made.
Authorization for membership dues deductions herein 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, consistent with the PERB Ordinance Section 2-214.

If it is determined by a final decision by a court of competent jurisdiction that “Fair
Share” does not violate Arizona State law or the Arizona State Constitution, the
Union and City shall open up this contract to bargain in good faith over the “Fair
Share” issue.

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 MOU.

The City assumes no liability on account of any actions taken pursuant to this
section. The City shall, 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. This charge shall not apply to
submission of new individual authorization cards or revocations or individual status
changes.

F. Facilities and Services

The Union may distribute material which is not abusive of any person or
organization, which does not violate Administrative Regulation (A.R.) 2.16, and
which is not disruptive of the City’s operation. Materials may be posted or
distributed on the City's premises (buildings and grounds) before and after
scheduled working hours or in non-work areas during scheduled work hours
provided both the employee distributing and the employee receiving such material
are on their own time.

The City shall provide the Union with bulletin board space for its sole and exclusive
use in communicating with its members at mutually agreeable locations. All bulletin
boards will be kept updated with material that is current and up to date.

The Union shall have the right to meet with new unit employees for the purpose of
informing each such employee of the Union and of that employee's right to have

Union dues deducted from his/her pay warrant. The Human Resources Department
will notify the Union when orientation sessions involving new unit employees are
scheduled.

Such opportunity shall be afforded the Union during the new employee orientation
(NEO) sessions conducted by the Human Resources Department, Public Works
Department Orientation Program (PWOP), and Parks & Recreation Department
New Employee Orientation (Parks & Recreation NEO), Streets Transportation
Department New Employee Orientation (Streets Transportation NEO), Aviation
Department New Employee Orientation (Aviation NEO).

The speaker cannot be defamatory against the City or specific departments or
individuals.

G. List of Unit Employees

Upon the Union’s filing of a Third-Party Data Sharing agreement with the HR
Department, the City shall provide electronically, at no cost, a list of unit employees
which includes the following: Emp ID, First Name, Last Name, Initial, Deduct, Service
Date, Dept ID, Department, Job Title, Job Locator Code, Mailing Address, City, State,
Zip, Home Phone, Work Phone, active Union deduction, and a monthly list of
employees added that month to Unit 1.

Any and all information furnished by the City shall be used by the Union solely for the
purpose of communicating with unit employees, other legitimate union purposes, and
shall not be shared with any other individual or organization.

H. Upon written request from the Union, the City will provide specific information from an
employee’s personnel files pertinent to a written grievance, arbitration case or civil
service appeal. The City will also provide all pertinent collective bargaining information
requested by the Union. The information will be supplied to the Union at no charge.

|. tn accordance with the City’s selection and interview process guidelines and at
management's request, Union Designated Employees will participate in City Selection
processes.

J. For a unit employee whose regular shift is other than day shift, there will be flexibility
in changing his, her or their normal work hours for the purposes of attending official
Labor-Management meetings called by or with the concurrence of the Department
Head or designee. There shall be a 48-hour notice to the affected Department to
ensure proper coverage.

K. City Email

The City shall send union-requested communication using the City Email System
using the following procedures:

Processing Guidelines

* Requests for email distribution must be submitted by the LIUNA Local 777
Business Manager or their designee from the labor group to the Labor Relations
email address (labor.relations@phoenix.gov).

* Labor Relations will review the email content to ensure compliance with the
guidelines noted below.

* Labor Relations will distribute compliant emails to unit members within 5 business
days.

* Allimit of one email per month, per labor group will be distributed. Exceptions will
be reviewed by Labor Relations.

* Emails will only be distributed to the corresponding unit members.

* Emails will be sent to unit members via blind copy.

* The standard City notice not to reply will be included on all emails.

Email Content Guidelines

The following is a list of acceptable types of communication. This is not an all-inclusive
list:

« Labor benefit fairs/ meet-and-greets.

* Union Open House's. ,

* City program/policy changes.

* Open Enrollment.

* Promoting City/union-sponsored training, committees, safety programs or
initiatives.

* City/union/association-sponsored charitable events or community projects.

Other Guidelines/Information

* Communication cannot violate City policies.

* Communication cannot reflect negatively on the City organization, City staff,
elected officials, or residents.

* Communication cannot negatively Impact our residents' perception of the City.

* All distributed emails are subject to the City's public records policy (reference AR
1.60, Public Records Request Processing).

Changes may be made to these procedures at any time.
Changes will be communicated with labor groups prior to implementation.

Section 1-5. Rights of Unit Employees

Non-Discrimination

All unit employees have the right to have the Union serve as their meet and confer

representative without discrimination based on membership or non-membership in the
Union.

Grievance Representation

All unit employees have the right to present their own grievance, in person or by legal

counsel in accordance with Article 2, Section 2-1. A copy of all MOU grievances, filed
by anyone other than a designated official Union representative, shall be sent to the
Union office. There shall be no cost incurred to the Union.

Disciplinary Investigations / NOI Representation

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.

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 immediately stop the meeting and
utilize an investigatory process as outlined below. Any interview becomes
investigatory when facts or evidence sought by the City may result in a disciplinary
action.

The City may, at its sole discretion, either conduct investigatory interviews with

employees or issue employees written questions. In either case, a Notice of
Inquiry (NOI) form will be used. The intent of the NO! 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.

Time limit for investigations

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

If an NOI is being issued and there is no active questioning, representation is
not required. Employees may bring a representative if they desire, however
there will be no discussion during the issuance of the NOI.

. 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:

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

A. Prior to the employee being interviewed, the employee shall be advised of
their right to a representative and given up to 48 hours to secure
representation. The 48-hour time period may not apply in emergency
situations.

B. A unit employee identified solely as a witness will not be prevented from
contacting the union on their own time to consult with a union representative
prior to their interview.

. The NOI form will be issued at the meeting.

The union representative may assist and consult with the employee, attempt to
clarify the facts or questions asked, and suggest 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.

. The member or representative may ask for a caucus during the meeting.

Caucuses will be granted for a reasonable timeframe. At any time either party
requests a caucus the party shall inform the other party of an estimate of what
time they shall return.

Vi.

VII.

VIIL.

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 from their representative in caucus during the interview.
A caucus will not be permitted when a question is pending. The employee will
be given the opportunity to clarify their answer after the caucus

Neither party will behave in a violent, verbally abusive, insulting, or demeaning
manner toward the interviewer.

Prior to the conclusion of the meeting, the member or representative shall have
the opportunity to make a closing statement for no more than 5 minutes.

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.

. The employee will be provided with a copy of the interview notes and given 72

hours to confirm their answers and provide any additional information.

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

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

. The employee will be advised if the inquiry is supervisor initiated or the result

of a citizen complaint, employee/co-worker complaint, or other.

The member shall also be informed of the Garrity protections afforded to public
employees who may also be under criminal investigation or whose actions
meet the elements of a crime [Garrity v. New Jersey, 385 U.S. 493, 87 S.Ct.
616 (1967)].

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

sign.

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V. Every 60 days, a unit employee under investigation may request a status
update. At management's discretion, the status will be provided either verbally
or in writing.

. Misc.

No investigatory documentation, such as the NOI or witness statements shall be
kept in the Personnel or Supervisory Files after the investigation is concluded.

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.

An employee who receives a written reprimand or suspension may request a copy
of the information upon which the written reprimand or suspension was based,
pertaining to what was specifically cited in the discipline at no cost to the employee.

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.

. Personnel Files

Any unit employee covered hereunder shall, at their request and by appointment,
be permitted to examine their personnel files in the presence of an appropriate
supervisory official of the Department and/or authorize a Union representative to
obtain copies of documents in their personnel files. Said files shall be in a location
as specified below, one per location. These include the main Human Resources
Department file, the department personnel file, and the official department office
personnel file contained at the district or yard office.

No unit employee shall have any adverse statements entered in to their personnel
file without having a discussion about the action.

Unit employee may, at their discretion, attach no more than a 1-page rebuttal

statement to any material contained in their personnel file which may be of a
derogatory nature within 7 business days.

E. Fair & Impartial Treatment

All unit employees have the right to be treated equally and in a manner, which is fair
and impartial in any matter associated with the rights of.unit employees under the
terms of this MOU.

F. Coaching / Supervisory Counseling

A coaching is a verbal discussion with an employee. A coaching is not to be
considered a first offense for purposes of progressive discipline. A written record of a
coaching may be placed in the supervisor's files for both positive and negative
incidences. A coaching is to be one-on-one. When 2 or more supervisors are present
at the coaching, the employee shall be advised of their right to representation. An
employee may receive more than 1 coaching for a similar matter.

A supervisory counseling is a 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 an above the line statement of “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.

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 40-hour suspension or greater 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 official discipline record is maintained in the Personnel File by the Human
Resources Department. Copies maintained in either the Supervisory and/or
Department files are not the official record. Employees may request to
removef/inactivate eligible documents based on the below criteria by contacting the
department Human Resources Officer. Official records may only be inactivated and
not removed per records retention law, and members/employees will receive
confirmation once the requested record is removed/inactivated.

Department File Personnel File

Document Supervisory File (if applicable) (OFFICIAL FILE)
Maintain original in
Coaching’s/Supervisory file. Not maintained in | Not maintained in
an Remove annually : :
Counseling’s file. file.

provided no further
incidents.

Written Reprimands

Maintain copy in

file.
Remove annually
provided no further
incidents.

file.
Employee may
request to remove
after 3 years.

Maintain original in
file.
Employee may
request to
inactivate
after 3 years.

a. . Maintain original in
Maintain copy in file
Suspensions file. Emplo ee ma
p Maintain copy in Employee may poy’ y
(other than below) : request to
file. request to remove . :
— inactivate
Remove annually after 10 years.
: after 10 years.
——— provided no further Sa ETSI
Discipline under 21b2, incidents Maintain copy in Maintain original in
. py 7
21b4, 21b5, 21b12, file file.
21613, 21b14, 21b15, Cannot Re Remove May not be
21b18, 21b19, 21620. inactivated

G. Performance Evaluation

Although the terms “coaching” or “supervisory counseling” will not be used, the
employee’s behavior or performance which resulted in the “coaching” or “supervisory
counseling” can, along with any other behavior or performance, be discussed in the
performance evaluation.

If an employee is not given their performance evaluation by the annual review date,
the employee’s merit increase shall be processed within 21 calendar days following
the above due date and be retroactive to the performance evaluation annual review
date. (If an overall “met”).

H. Departmental Policies

The City will notify employees and Unit 1 of new or revised written City or
Departmental policies affecting unit employees as soon after release as possible. The
City shall post on their bulletin boards any new policies and/or revisions in City or
written department policies and procedures affecting Unit | employees. Notice shall
remain posted for no less than 21 calendar days. Review of policy and procedure
revisions shall be included in employee group meetings when appropriate and
practical to do so.

Section 1-6. Prohibition of Strikes and Lockouts
A. The provisions of the Meet and Confer Ordinance are expressly incorporated herein.

B. The City nor its agents for any reason shall authorize, institute, aid or promote any
lockout of employees covered by this MOU.