Attachment A; 2023-2024 Unit 3 (AFSCME 2960) MOU.pdf

City of Phoenix — Formal (2023-05-03)

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MEMORANDUM OF UNDERSTANDING

2023 – 2024

CITY OF PHOENIX

AND

AMERICAN FEDERATION

OF STATE, COUNTY

AND MUNICIPAL EMPLOYEES,

LOCAL 2960 AFL-CIO

REPRESENTING UNIT 3 EMPLOYEES

ATTACHMENT A

2
Table of Contents

PREAMBLE ........................................................................................................................ 4

ARTICLE 1: Rights ............................................................................................................ 5
Section 1-1: Purpose/Gender .......................................................................................................... 5
Section 1-2: City and Department Rights ....................................................................................... 5
Section 1-3: Union Rights ............................................................................................................... 6
Section 1-4: Rights of Unit Members ........................................................................................... 11
Section 1-5: Prohibition of Strike and Lockouts .......................................................................... 21
Section 1-6: New Positions and Classifications ........................................................................... 22

ARTICLE 2: Grievance/Arbitration/Labor Management ............................................... 22
Section 2-1: Grievance Procedure ................................................................................................ 22
Section 2-2: Labor-Management Committee ............................................................................... 30
Section 2-3: Health and Safety Committee ................................................................................... 31

ARTICLE 3: Compensation/Wages ................................................................................ 32
Section 3-1: Wages ....................................................................................................................... 32
Section 3-2: Overtime ................................................................................................................... 35
Section 3-3: Out-of-Class Pay ...................................................................................................... 38
Section 3-4: Sick Leave Cash Out Formula .................................................................................. 39
Section 3-5: Shift Differential Pay ................................................................................................ 39
Section 3-6: Stand-By Pay ............................................................................................................ 39
Section 3-7: Show-up Time .......................................................................................................... 40
Section 3-8: Jury Duty Pay ........................................................................................................... 40
Section 3-9: Deferred Compensation Program ............................................................................. 41
Section 3-10: Compensation for Approved Training ................................................................... 41

ARTICLE 4: Hours of Work/Working Conditions .......................................................... 41
Section 4-1: Hours of Work .......................................................................................................... 41
Section 4-2: Rest and Lunch Periods ............................................................................................ 43
Section 4-3: Clean-up Time .......................................................................................................... 44
Section 4-4: Seniority ................................................................................................................... 44

ARTICLE 5: Benefits ....................................................................................................... 44
Section 5-1: Health Insurance ....................................................................................................... 44
Section 5-2: Dental Insurance ....................................................................................................... 46
Section 5-3: Life Insurance ........................................................................................................... 46
Section 5-4: Long-Term Disability ............................................................................................... 47
Section 5-5: Holidays and Vacations ............................................................................................ 47
Section 5-6: Uniforms ................................................................................................................... 49
Section 5-7: Tuition Reimbursement ............................................................................................ 52
Section 5-8: Car Insurance, Mileage Allowance, Bus Pass and Parking ...................................... 52
Section 5-9: Unpaid Parental Leave / Family Leave .................................................................... 53
Section 5-10: Retirement Program and Benefits .......................................................................... 54

ARTICLE 6: Miscellaneous ............................................................................................. 54
Section 6-1: Saving Clause ........................................................................................................... 54

3
Section 6-2: Copies of Memorandum ........................................................................................... 54
Section 6-3: Term and Effect of Memorandum ............................................................................ 55
Section 6-4: ................................................................................................................................... 56

ATTACHMENT A ............................................................................................................. 58
ATTACHMENT B (Relating to Vacation Leave) ............................................................. 59
ATTACHMENT C (Relating to Sick Leave) .................................................................... 61
ATTACHMENT D ............................................................................................................. 63
APPENDIX E .................................................................................................................... 64

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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 of Phoenix, except as expressly and lawfully modified
herein; 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 other terms and conditions of employment of employees of
Unit III;

NOW, THEREFORE, the City of Phoenix, hereinafter referred to as the "City" and Local
2960, 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 other terms and 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.

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ARTICLE 1: Rights

Section 1-1: Purpose/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.

A. Recognition

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
regular full time and regular part time employees in positions constituting Unit III, as
certified May 22, 1978, or as may be modified by the Phoenix Employment Relations
Board (PERB).

If a court of competent jurisdiction (defined as Arizona Supreme Court or U. S. Supreme
Court) determines that "fair share" does not violate Arizona State Law, then the Union
and the City of Phoenix shall open up the contract to bargain in good faith on this issue.

If any conflict exists between the language in an A.R. or employment/ department rule
and the language of the negotiated M.O.U., the M.O.U. shall prevail.

Section 1-2: City and Department Rights

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.

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 Memorandum of Understanding, and such decision making shall not be in
any way, directly or indirectly, subject to the grievance procedure contained herein.

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 of Understanding to direct its
employees, to take disciplinary action for just cause, to terminate or reassign 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.

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Nothing herein shall preclude the City from being in compliance with the Americans with
Disabilities Act.

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 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. In compliance
with City Code Article XVII Employer-Employee Relations, Chapter 2-214, Public Employee
Rights (as of Feb 18, 2021), any Union release time, including that of full-time release
positions, shall count as time worked in the unit member’s job classification.

A. Union Release

The Phoenix community benefits from harmonious and cooperative relationships
between the City and its employees. The City and AFSCME Local 2960 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
representatives using union release 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 unit 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
package detailed in this agreement.

For a unit member whose regular shift is other than day shift, there will be flexibility in
changing his normal work hours for the purposes of attending official Labor-
Management meetings called by or with the concurrence of the Department Head or
designee.

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

1.
Full-Time Release Positions

The President or President’s Designee and three additional full-time release
positions to be designated by the Executive Board of the Union, shall each be

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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. The full-time release employees
will be engaged in either union activities or city activities in accordance with city
administrative regulations during paid release time. 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 regular City duties, a full-time release employee shall be reinstated to
his/her original position, location and schedule by seniority. In addition, any approved
leave time the full-time release employee had scheduled prior to his/her return shall
be honored by the department.

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 provide a compensatory time bank of 520 hours and
paid overtime rates for use by the full-time release positions each MOU year. The
Union will submit a written request to redeem the hours from this bank to the Labor
Relations Division no later than July 1st of each MOU year for remittance with the
second paycheck in August.

2. Union Stewards

The Union may designate 52 stewards including 10 Chief Stewards and 19 Lead
Stewards to serve as employee representatives. Such designation shall be made
from amongst employees regularly working at the job sites as specified in Attachment
"A" hereto. The Labor-Management Committee will discuss the job site allocation of
the 52 stewards upon request by either party (Attachment A). Employees must have
completed the initial City probationary period of 1 year to be eligible for designation
as a steward.

The Union shall notify Labor Relations in writing of its designations and re-
designations of stewards.

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

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 the Grievant as his representative,
attend mutually scheduled grievance meetings with department representatives

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without loss of pay or benefits during City time. One steward working in the same
department as a unit member under investigation may also attend investigative
meetings without loss of pay or benefits during City time. 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.

Stewards with assigned City vehicles who are on duty and actively working, and are
scheduled to return to duty at the conclusion of the meeting, may use the City vehicle
to attend mutually scheduled grievance and/or labor-management meetings with
department representatives.

The unit will be allowed, subject to operational and scheduling factors and 14
calendar days advance notice, up to one shift (either 8 or 10 hours depending upon
their regular schedule) 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.

3. Bank of Release Hours

The unit will be allowed, during each 12 month term of this Memorandum, subject to
operational and scheduling factors and 48 hours advance notice to the Labor
Relations Division. A unit total of 4,540 hours paid release time in a bank of release
hours per M.O.U. year.

With the exception of the ten elected union officials, only one representative may be
released from the same work group on the same shift 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.

Any hours used in excess of the bank of hours must be approved by the Labor
Relations Administrator and the AFSCME Local 2960 President. The number of
hours used in excess of the bank at the end of the MOU term will be deducted from
the bank of hours in the first year of the next MOU. A surplus of hours will be carried
over into the next MOU to a maximum beginning bank of 6,810.

B. Unpaid Time

Unit members may be authorized in advance in writing to engage in lawful unit-related
activities during City work hours on a non-paid basis by the City Manager or his designee
in his unrestricted discretion according to the applicable Personnel Rules. A member
selected by the Union to do unit representation 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 and the approval of the Personnel Official, be granted an unpaid leave of
absence. The leave of absence shall be in increments of no less than 3 months and
shall not exceed 1 year, but it may be renewed or extended for a similar period upon the
request of the Union.

C. There shall be no use of official time for unit related activities except as expressly
authorized under the aforesaid sections. The City reserves the right to deny approval

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of requests for use of official time for activities not expressly authorized under this
Memorandum.

D. International and Local 2960 Union Representatives

Accredited A.F.S.C.M.E. International, and designated Local 2960 Chief Steward and
Lead Stewards shall be admitted to the buildings and grounds of the City during working
hours for assisting in the adjustment of grievances, so long as such will not interfere with
any work operation or the safety and security of any work site. Such representatives will
check in with the supervisor involved and will be required to conform to the safety
regulations of the work site.

E. Payroll Deduction

1. The City shall deduct from the first and second pay warrants of Union members, in
each month, the regular periodic Union 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 14 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 earning 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 in writing by the employee. Revocation of
deductions shall be accepted by the City only during the first week of July or January
of each year of the term of this memorandum 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 members on behalf of any other
employee organization (as defined in the Meet and Confer Ordinance) during the
term of this Memorandum.

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.

5. The City shall, at the written request of the Union during the term of this agreement,
make changes in the amount of dues deduction hereunder for the general
membership, provided costs for implementing such changes shall be reimbursed by
the Union at actual cost incurred by the City.

F. Facilities and Services

The Union may distribute material on the City's premises (buildings and grounds) before
and after scheduled working hours or in non-work areas during scheduled work hours
provided that both the person distributing and the employee receiving such material are
on their own time.

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The Union shall be allowed to send one union-requested communication per month
using the City Email System to communicate with Unit 3 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.

The Union’s web page shall be listed as a link on the City’s Intranet home page as one
of the City’s Employee Resources.

The City shall provide the Union with bulletin boards for its use in communicating with
its members at mutually agreeable locations. The City shall grant sole and exclusive
use of such bulletin boards to the Union. The City will provide glass-enclosed, locking
bulletin boards (standard to be set by the City) for any new City facility where five or
more Unit 3 employees will be assigned. The Union may request that two existing
bulletin boards be replaced with glass-enclosed, locking bulletin boards (standard to be
set by the City) each contract year, provided at least five Unit 3 employees are assigned
to the requested locations. Lost keys will be replaced with the full expense charged to
the party that lost them (meaning City or Union). Damaged bulletin boards will be
replaced with the cost split equally between the City and the Union.

Material which is not abusive of any person or organization, which complies with laws
regulating the political activities of City employees, and which is not disruptive of the
City's operations, may be posted or distributed, provided that such material is submitted
to the City and also signed by an authorized official of the Union. The Union may grieve
any refusal by the City to approve posting or distribution of submitted material. The City
will not arbitrarily disapprove submitted material.

The Union shall have the right to meet with each new unit member for 1 hour during the
scheduled Human Resources Department’s new employee orientation before or after
lunch for the purpose of informing each such new employee of the Union and of that
member's right to have Union dues deducted from his pay warrant. Additional time will
be allotted – in addition to new employee orientation – in departments that have new
employee orientation.

Where possible, Unit III becomes a participant in the appropriate electronic distribution
lists for promotions, seamless service, City Connections and/or educational
opportunities.

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 members which
includes the following: Emp ID, First Name, Last Name, Initial, Deduct, Service Date,
Dept ID, Department, Job Title, Job Locator Code, Work Location, Mailing Address,
City, State, Zip, Home Phone, Work Phone, active Union deduction, and a list of Unit 3
employees who have left the unit. (This includes unit members who retire, promote, quit,
are terminated, or pass away). The City shall provide the Union a list of all Unit 3
vacancies monthly. Any and all information furnished by the City shall be used by the
Union solely for the purpose of communicating with unit members, other legitimate union
purposes, and shall not be shared with any other individual or organization.

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G. The Union shall be allowed $14,000, reimbursable to the Union by the City each fiscal
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 , the balance will carry over
into the next fiscal year; however, the total fund balance must not exceed $28,000,
and any funds in excess of $28,000 will expire.

The Labor Relations Administrator will continue the practice of providing the union
information concerning grievance and arbitration cases. The union agrees that they will
be reasonable in making these requests for information.

Section 1-4: Rights of Unit Members

All unit members 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 or any other organization.

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 the specific express terms
of this Memorandum of Understanding.

No unit employee shall suffer reprisal for the exercise of rights granted by this MOU.

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.

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•
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

13
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 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 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.

11. 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.

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. This article applies to all regular full-time and regular part-time employees in Unit 3
positions, this includes probationary employees.

4. In addition, Police employees are covered in Section 1-4.P.

5. 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 a meeting required by
management, the Union Steward will receive overtime compensation for actual time
held over or a minimum of 1 hour if called in from home.

6. Employees have the option to bring a union steward for purpose of observation to a
scheduled meeting where a suspension, demotion or termination is being issued by
management.

7. See Section 1-4N for retention schedule.

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. Any unit member covered hereunder shall, on his request and by appointment, be
permitted to examine his personnel file and/or supervisor file, in the presence of an
appropriate supervisory official of the Department. The unit employee may authorize in
writing a union representative to examine their personnel and/ or supervisor file on their
behalf. The employee is entitled to designate 1 person of his choosing (lawyer, union
representative, close friend, etc.) to accompany him in reviewing his file. The employee,
however, must be present at the review. In addition, the unit member may, at his
discretion, attach rebuttal statements to any material contained in his personnel file
and/or supervisor file, which may be of a derogatory nature. No unit member shall have
any adverse statements entered into his personnel file without the member being
informed by a supervisor. The employee shall be requested to date and sign such
adverse material, not as an indication of agreement, but solely as evidence of being
advised of its existence. If the unit member requests, he shall receive a copy of the
material in question. Medical information should be maintained in a separate confidential
file.

15
1. The City will establish a logging system within the department and central personnel
file. The log will identify the date, name of the person (other than Human Resources
staff) that examined the file, and purpose.

2. If an employee is not given their performance evaluation by the annual review date
the employee's merit increase will be processed within 21 calendar days following
the above due date and be retroactive to the performance evaluation annual review
date. (If an over all "met").

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 pocket knife (as provided in ARS 13- 3102) at a City worksite1, unless such
employee is a police officer. 1 (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).

L. The City will comply with provisions of A.R.S. Sec. 12-2506, paragraph D, subparagraph
1, and assume responsibility for the actions of any Unit III 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. The City shall notify employees in writing of any new policies and/or revision in City or
written department policies affecting Unit III employees. Notice shall remain available

16
for not less than 21 working days. Review of policy 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.

N. A coaching is a verbal discussion or meeting with an employee to actively discuss any
problem with the 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 file. A coaching is to be one-on-one. When 2 or more supervisors are
present at the coaching, the employee will be allowed a representative at the employee’s
request. An employee may receive more than 1 coaching for a similar matter. A
coaching given to a unit member cannot remain in a supervisor’s file for more than 1
year from the date the coaching was issued, provided no further incidents of a similar
nature occur during this 1 year period.

A supervisory counseling is a written 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 and credibility. The supervisory counseling shall be initialed
or signed by the unit member within 2 weeks of being advised that the counseling has
been issued.

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.

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 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.

Documents or notes maintained in a supervisor’s file will not be used in future
disciplinary actions (Grievances or Civil Service Board) unless the unit member has
been previously made aware of the existence of the performance/conduct concerns.

A unit member who receives a written reprimand, suspension or demotion upon request
will be provided a copy of the investigative summary (if any exists) supporting the written
reprimand, suspension, or demotion at the time the unit member receives the discipline.
An employee who receives a written reprimand, suspension, or demotion may request
a copy of the information upon which the discipline was based and will be provided a
copy at no cost to the employee.

If a unit employee is suspended, it is understood that a suspension day is defined as 8
hours. For employees working a 4-10 schedule, the other two hours of the work day
would be accounted for at the sole discretion of management.

Unit members may serve suspensions of more than 40 hours on an alternating weekly
schedule.

After a separation notice has been signed by the appropriate authorities, and if the unit
member is given the opportunity to resign, the unit member will have two hours to consult
with a representative.

Unit members are entitled to representation if a "Not Met" performance evaluation is
appealed and is at the Executive Level (Assistant Director or Director) or when
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.K.2
Maintain copy in
file.
Cannot Remove
Maintain original
in file.
May not be
inactivated

18
management has more than one representative at the meeting to discuss the appeal of
the performance evaluation.

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

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

Employees may appeal “Not Met” ratings on their performance evaluations.

O. City employees who are on duty and are, either witnesses, charging parties, appellants
or grievants may attend grievance, Civil Service, Phoenix Employment Relations Board
(P.E.R.B.) and Accident/Collision Review Board hearings and/or 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 of if the grievance meeting concluded, unless they have made other
arrangements in advance with their immediate supervisor’s 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
members of the group to attend the proceeding. These do not have to be the same
group members for each step or meeting of the entire proceeding. As a matter of
courtesy, employees will give management as much notice as possible.

P. Rights and Disciplinary Matters (Police Department)

1. Unit members of the Police Department have the right to appear before the
Departmental Disciplinary Review Board when disciplinary matters are brought
before the Board involving the unit member which may lead to demotion, suspension
or discharge.

a) The purpose of such appearance is to give the unit member an opportunity to
respond to the assertions made against him.

b) The Department shall notify the unit member 10 calendar days prior to such
opportunity to respond to the Board. The notification shall contain the date, time,
violation(s) and basis of each violation that has been partially or wholly sustained.
In addition, the unit member, if he chooses, may meet with his immediate
supervisor along with his second level supervisor, or the unit member’s
bureau/precinct commander for the purpose of discussing the basis of each
violation to be reviewed by the DRB. If the immediate supervisor conducted the
investigation, the unit member, if he chooses, may meet with the next supervisor
in his chain of command.

Such request shall be made in writing to the unit member’s immediate supervisor.
Also, the unit member, if he chooses, may be accompanied by a unit
representative at either meeting.

19
At the pre-DRB meeting, the unit member shall be afforded a reasonable
opportunity to review the written investigation.

Realizing that in some cases there may be information that would be detrimental
to the department’s ability to conduct misconduct investigations, that information
may be deleted. However, all other information will be available for review.

The unit members under investigation may request an edited copy of the DRB
packet at no cost to the unit member. The City has 7 calendar days from the date
of request to provide above-mentioned packet. If this information is provided to
the unit member, there shall be no pre-DRB meeting.

The unit member may, at his discretion, appear before the Board with a unit
representative of his choosing, and may state his reasons why the proposed
action is unjustified.

The unit member may submit relevant written matter in support of his position.

2. Any unit member under investigation by Professional Standards or a Police
Department Supervisor for a disciplinary matter, and who is interviewed or
interrogated shall be given a written notice of investigation (Form 80-58DB) informing
him of the nature of the investigation and his status in the investigation. In addition,
the unit member and/or the Police Department supervisor/internal affairs
representative may mechanically record such interview/interrogation. Should any
mechanical recordings take place, the department reserves the right to transcribe
any such interview/interrogation for the purpose of verifying the accuracy of the
interview/interrogation and, if requested, the unit member shall sign the transcription
if it is accurate.

The unit member may request a copy of the above recording. In order to receive this
copy, the unit member may be asked to provide Professional Standards with a
current appropriate medium to record the copy. The unit member shall not receive
additional pay for picking up or dropping off this recording.

The employee shall be given the above-mentioned written notice of investigation at
the onset of the misconduct interview and prior to the employee being requested to
prepare a written statement. If the employee is requested to prepare a written
statement, the employee may request 1 hour to contact his Union representative
prior to making the written statement. When a unit member is given a written notice
of investigation (Form 80-58DB), other than the investigating supervisor/s, the only
persons the unit member may speak to concerning the investigation are their
attorney, minister, unit representative, or spouse not involved in the investigation.
When the investigation is completed, the accused employee will be notified in writing
of the findings.

A Professional Standards Bureau investigator will make available for review by the
unit member and the representative any video, audio, or photographs that are being
used as the basis for an allegation of misconduct. The investigator will not
intentionally misrepresent any fact or material issue to the unit member.

20
3. Unit members have the right to representation in dealings with the City concerning
grievances and investigatory interviews with a Police Department supervisor in a
disciplinary matter which may lead to suspension, demotion or termination. The
representative must be a bargaining unit member. The bargaining unit representative
will be the most readily available unit representative. The employee will be allowed
to seek advice and counsel from their representative during caucus and prior to,
during, and after the interview. Prior to the conclusion of the meeting, the member,
or representative on behalf of the employee, will have the opportunity to make a
closing statement. If a unit member is called to an investigatory interview with a
Police Department supervisor for a disciplinary matter which may lead to a Written
Reprimand, the conversation shall be mechanically recorded by the supervisor and,
if requested, the unit member shall receive a copy of the recording. Further, if
personally requested by the unit member, representation will be allowed during a
Professional Standards investigatory interview/interrogation concerning allegations
focused on the unit member which may result in disciplinary action against him for
violation(s) of the City or department work rules and regulations. The representative
must be a bargaining unit member. The representative will be the most readily
available unit representative. The employee will be allowed to seek advice and
counsel from their representative during caucus and after conclusion of the interview.
Prior to the conclusion of the meeting, the member, or representative on behalf of
the employee, will have the opportunity to make a closing statement.

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 may not
turn the meeting into an adversarial proceeding, unduly disrupt the interview,
interfere with the objective of the examination, or compromise the integrity of the
interview. The Union representative may not interrupt the employee’s response to a
question or prevent the employee from responding to a question. The Union
representative also may not behave in a violent, verbally abusive, insulting, or
demeaning manner toward the interviewer.

During the interview, the interviewer may insist that he is only interested in hearing
the employee’s own account of the matter under investigation at that time. The
interviewer may not prohibit the Union representative from engaging in meaningful
representation, including assisting and consulting with 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," will
be included. 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.

21
Only paperwork pertaining to any completed N.O.I. Investigation resolved as
sustained will be kept in an employee's file.

Attendance at the Police Department Disciplinary Review Board (DRB) is optional.
An employee may attend or not attend; it is his or her individual choice. If an
employee declines to appear before the DRB, comments made during deliberations
of the Board will not be presented to the Civil Service Board and the fact that the
employee did not appear before the DRB will not be held against the employee. The
employee may, at his or her discretion, appear before the Board with a representative
of his or her choosing and may state his or her reasons why the proposed action is
unjustified. The employee and his or her representative may passively observe all
presentations made to the Board and all responses made to questions by Board
members. The employee and non-board members will be excluded from the room
during Board deliberations. In addition, a representative from Labor Relations will
be present as a passive observer at the DRB at the union's request.

If a Polygraph examination is required of a unit member, a unit representative may
monitor the audio/video-taped examination from the monitoring room.

Q. Crime Scene Specialists, Detention Officers, and Police Assistants assigned to
Enforcement positions in the Police Department shall be permitted to work out on
their "Code 7" at Police Department facilities.

Unit employees who work out on their "Code 7":
Are required to remain in workpants/boots.
Must adhere to Operations Order 4.1 (Meals and Breaks);
Must submit a workout memo through the Chain of Command to the Department
Fitness Coordinator;
Must adhere to Operations Order 3.7 (Industrial Injuries);
Must limit their activity to Strength Training/Cardio Training;
May not work out on their "Code 7" during overtime shifts; and,
May not work out during the last 2 hours of their duty shift, unless approved by their
supervisor.
Program viability will be reviewed annually by the Police Chief and the program may
be cancelled at that time.

Section 1-5: Prohibition of Strike and Lockouts

A. The Union pledges to maintain unimpaired municipal services as directed by the City
and neither the Union nor any of its agents will authorize, institute, engage in a
slowdown, work stoppage, or strike against the City. During the term of this
Memorandum, neither the City nor its agents shall authorize, institute, aid or promote
any lockout of unit members covered by this Memorandum.

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

22
Section 1-6: New Positions and 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 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 Department shall provide the Union with an opportunity to meet
with the person conducting the study prior to preparation of any report or
recommendations.

B. The City will schedule a meeting with the Union, with a minimum of seven calendar
days’ notice, to discuss management recommendations for contracting of work
presently being performed by unit members which would directly result in a reduction
in the number of regular unit positions during the term of this agreement. The meeting
will occur prior to any final recommendation to the City Council. Failure by the City
to meet with the Union under this Article may be subject to the Grievance Procedure
(Article 2, Section 2-1) of this MOU. The management recommendation, and final
decision thereon by the City, shall not be subject to the Grievance Procedure (Article
2, Section 2-1) of this MOU. The City shall endeavor to meet with the Union at least
30days prior to elimination of any Unit 3 positions.

ARTICLE 2: Grievance/Arbitration/Labor Management

Section 2-1: Grievance Procedure

23
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. Informal Resolution

1. As a matter of good labor-management relations a unit member who believes that
they have a bona fide grievance must discuss and attempt to resolve it with his
immediate non-unit supervisor.

2. If such informal discussion does not resolve the problem to the unit member's
satisfaction, 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 member, 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 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 member shall reduce the grievance to writing by signing and completing the
grievance form provided by the City, and submit it to the second line supervisor
designated by the City or City designee within 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. 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 14 calendar days of having received the written
grievance or such meeting, whichever is later, submit a response thereto in writing to

24
the Grievant and the Grievant’s representative if any. The time period for an appeal
begins when an email is sent to the Grievant's representative. (Grievance responses
may be emailed. Email to officestaff@afscme2960.org or local’s current email approved
by Local President. It is recommended that the fax is sent when the copy is given to
employee). The parties by written mutual agreement may skip from Step 1 directly to
Step 2 of the grievance procedure.

Step 2

If the written response of the Step 1 does not result in resolution of the grievance, the
Grievant may appeal the grievance by signing and completing the City form and
presenting it to the second level of review (Department Director designated by the City)
within 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 14 calendar days of having received the
written grievance or the meeting, whichever is later, the second level of review shall
submit a response to the grievance to the Grievant and the Grievant’s representative, if
any. The time period for an appeal begins when an email is sent to the Grievant's
representative.

(Grievance
responses
may
be
emailed.

Email
to
officestaff@afscme2960.org or local’s current email approved by Local President. ).
The parties by written mutual agreement may skip from Step 2 directly to Step 3 of the
grievance procedure.

Step 2.5

After the Step 2 response, but prior to review by the Grievance Committee, 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 14 calendar days of receipt of the Step 2 response. Labor Relations
shall, within 14 calendar days of the receipt of the grievance, meet with the department
head, or designee, 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 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 the Union may, within 14 calendar days of having
received the Step 2 response, appeal the grievance by signing and completing the
City form and presenting it to Labor Relations. The time period for an appeal begins
when an email is sent to the Grievant's representative. (Grievance responses may
be emailed. Email to officestaff@afscme2960.org or local’s current email approved
by Local President. ). A Grievance Committee hearing will be scheduled at which
the Grievant shall be afforded the opportunity to fully present his position.

The Grievance Committee will consist of:

25
Chairman: A City of Phoenix Department Director or a member of the City
Manager’s Executive Staff or a retired City Manager’s Executive Staff (at no cost)
as selected jointly by the Labor Relations Administrator and the Union President
through a pre-established list.

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 MOU year, the Union and the City will each select 5
Department Directors or members of current or retired City Manager’s Executive
Staff to serve on the Grievance Committee. No selected Department Director or
Executive Staff member will serve as a committee member when the grievance
involves his/her assigned department. Staff support to the Committee during the
hearing will be provided by Human Resources Department staff.

Before each Grievance Committee, the Labor Relations Administrator and the Union
President will either mutually agree upon one of the names, or the parties will take
turns striking names and the final name will be selected. Labor Relations staff will
then schedule the Grievance Committee meeting.

The Grievance Committee shall, within 10 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. A Grievance
Committee meeting shall be held within 60 calendar days of receipt of the appeal.
The Grievance Committee shall, within 10 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 written notice to the Labor Relations Division within 14
calendar days of having received the Step II response. If the Grievant and the Union
so elects 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 7
arbitrators who have had experience in the public sector. The parties shall, within
10 calendar days of the receipt of said list, select the arbitrator by alternately striking
names from said list until one name remains. Such person shall then become the

26
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 expressly confine him/herself to the precise issues submitted
to him/her and shall have no authority to consider any other issue not so
submitted to him/her.

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

The arbitrator shall submit findings and advisory recommendations to the Grievant
and the City Manager, or their designated representatives. The cost 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 or unit employee by the specific terms of this Memorandum.
The Union shall file such grievance at Step 3 of the Procedure.

E. Group Grievance

When more than one unit member 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 members. 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
Grievant’s. Each unit member that is a party Grievant must be named and must sign
such group grievance.

F. Time Limits

If the City fails to answer a grievance within the time limits specified in Section 2-1 C, it
shall be deemed to have been denied and may be appealed to the next step under the
Article. If the Grievant or the Union fail to comply with said time limits, the grievance
shall be deemed to have been withdrawn without prejudice. 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. Regular full-time and regular part-time employees are covered by this grievance
procedure.

J. 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 14 calendar days of the
occurrence prompting the grievance. The President, or designee, shall in each case
provide a written answer within 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 costs of the services of the arbitrator.

K. Municipal Court

It is understood concerning the administration of this grievance procedure in the
Municipal Court, specifically Steps 2 and 3 that the designated "Department Head" is
the Executive Court Administrator, and the "City Manager's Office" or "City Manager"
shall mean the Presiding Judge, or his designee as provided in the procedure.

L. The City will be responsible for notifying the Grievant of any grievance meeting by work
and personal email (if available in eCHRIS), to include date, time, and place of any
grievance committee hearing. A copy will be sent to the Union by email to
officestaff@afscme2960.org. If a City representative or if the Grievant does not appear
at the Grievance Committee hearing, the party not appearing shall lose the grievance.

M. Arbitration

1.
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 3 below.

2. Appeal:

The Union, on behalf of the member, 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 14 calendar days after the date of service
of notice of the order of suspension, demotion, or dismissal on him personally, or 21

28
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 will 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.

3. Selection of Arbitrator:

Once an independent arbitrator is requested for a hearing, 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 member will agree on an
independent arbitrator within 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 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 7 arbitrators with public sector
experience. In requesting such lists, the parties will stipulate that arbitrators should
be from within Arizona.

The parties will, within 7 calendar days of the receipt of the list, select the arbitrator
by striking names alternately until one name remains. The remaining name will be
designated as the independent arbitrator appointed by the Civil Service Board as the
hearing officer for the appeal. The parties will 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 will either select another independent arbitrator from a new list in
the same manner as described above, or if mutually agreeable select another
arbitrator from the original list. The independent arbitrator chosen will be designated
as the hearing officer appointed by the Civil Service Board for the appeal.

4. Time for Hearing:

When possible, the hearing date will be set within 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, will automatically be excluded from any
calculations of back pay to the employees, if any, as determined by the Civil Service
Board.

5. 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 will not be bound by the technical rules of evidence, nor will informality in any

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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.

6. Witnesses:

An employee appellant, or an employee subpoenaed as a witness, will 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 will 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.

7. Proposed Findings: Objections to Report:

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

No later than 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 will
be served on the other party at the same time as filing with the Civil Service Board.
No post-hearing evidence will be submitted.

8. Requirements:

The independent arbitrator selected by the parties pursuant to this article will be
bound by the following:

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

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

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

9. Report:

Within 2 weeks of the conclusion of the hearing, the hearing officer/arbitrator will
forward all records and his 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/arbitrator may
recommend to the Civil Service Board, the discipline be upheld or modified, or
rescinded pursuant to Personnel Rule 22 (e).

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10. Costs:

The cost of the independent arbitrator and other costs related to obtaining said
arbitrator will 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.

11. Civil Service Board:

It is expressly understood that this article will 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.

12. 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 his designee and the
member will be represented by the President of AFSCME Local 2960 or his
designee.

Section 2-2: Labor-Management Committee

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 an informal forum for the free discussion of
mutual concerns and to attempt to resolve problems brought to its attention. If requested
by one of the parties FMCS will be invited to attend.

Topics for discussion may be established and agreed to in good faith by both parties at the
beginning of each contract year and throughout the contract period.

Unit 3 will be involved in a RBO/Labor-Management Process in the Fire Department. The
Committee shall meet monthly or at other mutually scheduled times. For Fire Department
Sections in which Unit 3 members are the majority of employees (i.e., Dispatch &
Deployment, Fire Prevention), those Sections shall establish a Fire Department Labor
Management Committee consisting of the Section Head and Union Stewards within that
Section. The purpose of this Fire Department Labor Management committee is to enhance
service delivery models and address public safety employee-related issues. The Fire
Department Labor Management process is done through the facilitation and open
discussion of mutual concerns and problems which may include: implementation of major
department programs and/or substantial modifications of existing major programs that have
a significant impact on service delivery or work schedules. The Fire Department Labor

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Management Committee shall meet at least annually at mutually scheduled times, and at
other mutually agreed upon times as necessary. Representatives of the Union on the
Committee shall not lose pay or benefits for meetings mutually scheduled during their duty
time.

The parties will have monthly discussions on new city and departmental policies,
procedures, Personnel rules, etc.

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

Based upon mutually agreed upon frequency, departments and the City will schedule
regular Labor Management meetings with union leadership to ensure productive
communications on items such as: department policy changes; 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”); and Union participation on City Selection
processes.

Any signed/dated written Labor/Management agreements with the signatures of the parties
and the Chairman will be binding on the parties for the remaining term of the MOU.

Representatives of the Union on the Committee who are employees shall not lose pay or
benefits for meetings mutually scheduled during their duty time up to a maximum of 4 hours
per employee per meeting.

Clarification on defining the hours for shift differential and how it is applied across
departments with Unit 3 employees will be discussed in Labor Management
committee meetings.

Section 2-3: Health and Safety Committee

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. Supervisors and
employees are committed to working together to ensure a healthy and safe work
environment.

A Unit employee may file, without fear of discipline, retaliation or discrimination, a grievance
when in his best judgment; the City has failed to comply with specific safety and health
standards promulgated by local, state and federal regulations. The City will continue its
practice of providing personal protective safety equipment to employees to protect them
from recognized safety and health hazards.

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

The Committee shall meet quarterly at 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.

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.

The Union may review and suggest improvements to existing City building evacuation plans
and the City Safety Program.

Employee members of the Committee shall not lose pay or benefits for meetings mutually
scheduled during their duty time up to a maximum of 4 hours per employee per meeting.

ARTICLE 3: Compensation/Wages

Various sections of this MOU 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. The economic value of ongoing total compensation increases will equal 4.5%. This will
be paid as follows:

1. A 5.24% base wage increase, effective the first full pay period in July 2023.
2. Additional uniform allowance (See Sec. 5-6).
3. A change to the Employee Development Fund benefits (See Sec. 5-7).

B. Additionally, Unit 3 employees will receive a non-continuous payment of $2,776.00
for each full-time employee or $1,111.00 for each part-time employee to be paid
out on the first full pay period in August of 2023.

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The City will evaluate the American Rescue Plan Act and will provide a (non-
specified) percentage of premium pay as allowed by the legislation and deemed
appropriate by the City Council, balancing the needs of the community and
employees in their development of a strategic plan for the ARPA funds. The strategic
plan will follow guidelines provided by the Department of Treasury. This language will
expire at the conclusion of the 2021-2023 MOU.

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

D. Notwithstanding the rates of pay set forth in any appendix or attachment to the
agreement for reference, the term "pay schedule" shall mean the schedule computed
and published by the Human Resources Department for payroll purposes pursuant to
Council action in the pay and compensation ordinance.

E. Productivity Enhancement Pay

In recognition of dedicated service and overall performance, the City agrees to
implement the following Productivity pay formula for unit members:

1. a) Pay Benefits for those unit employees receiving payments during the prior fiscal
year:

On July 10, 2023 (paid July 28, 2023), and November 13, 2023 (paid December 1,
2023), unit employees who have completed at least six years (6) but no more than
up to 19 years of continuous full-time service and who meet the additional
qualifications specified in this section shall qualify for $100 for the completion of each
year of continuous full-time service in excess of 5 years, up to an annual maximum
of $2,800 at the completion of 19 years of continuous full time service.

On July 10, 2023 (paid July 28, 2023), and November 13, 2023 (paid December 1,
2023), unit employees who have completed 20 years or more of continuous full-time
service and who meet the additional qualifications specified in this section shall
qualify for $125 for the completion of each year of continuous full time service in
excess of five years, up to an annual maximum of $6,000 at the completion of 29
years of continuous full time service.

b) Pay Benefits for those unit employees receiving their first payment on or after July
1, 2014:

Effective the first paycheck in July (same qualifying date as semi-annual payments)
and the first paycheck in January (same qualifying date as semi- annual) payments,
unit members who have completed at least six years (6) but no more than up to 19
years of continuous full time service and who meet the additional qualifications
specified in this section shall qualify for $100, prorated and included each pay period
in the qualifying unit employee’s regular paycheck, for the completion of each year
of continuous full time service in excess of 5 years, up to an annual maximum of
$2,800 at the completion of 19 years of continuous full time service.

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Effective the first paycheck in July (same qualifying date as semi-annual payments)
and the first paycheck in January (same qualifying date as semi- annual payments),
unit employees who have completed 20 years or more of continuous full-time service
and who meet the additional qualifications specified in this section shall qualify for
$125, prorated and included each pay period in the qualifying unit employee’s regular
paycheck, for the completion of each year of continuous full time service in excess
of five years, up to an annual maximum of $6,000 at the completion of 29 years of
continuous full time service.

2. Qualifications:

a) An employee must have completed at least one year of continuous full-time
service at the top step in his pay range. Qualifications for Productivity
Enhancement pay are made in the base class and will not be affected by
movement into or out of assignment positions. Productivity Enhancement pay
will not be affected by movements 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 the closest to their combined base pay and previous Productivity
Enhancement pay 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 only results in a maximum possible one-range increase, and the
incumbent is receiving Productivity Enhancement pay, the employee will be
moved to the top step and continue to be eligible for Productivity Enhancement
pay.

b) An employee must have completed 6 years of continuous full-time service.

c) An employee must have achieved the overall performance rating of “Met” on his
latest performance evaluation on file at the time of the qualifying date.

d) 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.

e) For those employees who are otherwise eligible for Productivity Enhancement
pay, an employee who receives a below “meets standards” evaluation shall
receive another evaluation within 90 days to 120 days, and if that evaluation is
“meets standards” or better, he will be eligible to receive the next scheduled
Productivity Enhancement payment.

3. Terms of Payment:

a) Payments will be made within 30 days of the qualifying date.

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b) Employees receiving semi-annual payment, who separate from City employment
after the qualifying date, but prior to the payment day, shall receive the payment
in their termination check.

F. Linguistic Pay

This provision is written to provide guidelines for paying Unit 3 members who are
authorized, certified, and required by management to utilize a language other than
English to conduct official City business.

1. Pay Benefits:

A unit member who meets the linguistic skills qualification as determined by a
management review panel and becomes certified shall be paid a premium of $75 per
month.

G. Unit 3 employees who receive an overall “Met” on their performance evaluation and are
eligible for merit shall receive it in accordance with the pay plan.

H. The Union President may bring recommendations for Special Merit Increases to a
Department Head for consideration on behalf of unit employees.

I. During the term of this MOU the City will provide an annual budget presentation to the
AFSCME Local 2960 Board. This presentation will be scheduled within 30 days of the
final budget being presented to Council.

Section 3-2: Overtime

A. Overtime is defined as time assigned and worked beyond the regularly scheduled work
week or daily work shift; it being understood that overtime for all unit members who
normally work a daily work shift of 8 consecutive hours, including a paid meal period on
the job, is defined as time assigned and worked in excess of 40 hours in a 7 day work
period or 8 hours per daily shift including paid meal breaks.

Overtime for unit members assigned to a 4/10 work week schedule is defined as time
assigned and worked beyond the regularly scheduled 10 hours per shift or 40 hours per
week.

There shall be a minimum of 12 hours off between shifts for unit members working a
4/10 and 5/8 schedules. If this is not possible, the employee shall receive overtime
compensation at their regular rate of pay for each full hour, or fraction of hour, worked
within the described 12 hour period for a 4/10 or 5/8 schedule.

This language only applies to employees who work 2 full shifts. A shift holdover is
considered a continuation of the regular shift. Employees cannot receive overtime
compensation and 12-hour rule for the same hours worked (i.e., no pyramiding). If an
employee works less than a full shift either before or after his/her regular shift, the 12
hour rule does not apply. See Appendix E for examples.

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B. Duly authorized paid leave time shall be considered as time worked for the purposes of
calculating premium overtime pay during the regularly scheduled work week (but not
daily workshift).

C. Overtime work shall be compensated at 1 ½ times the regular rate, or compensatory
time at 1 ½ times up to a maximum accumulation of 300 hours of compensatory time,
exclusive of any premium or bonus pay. Authorized overtime hours worked in excess
of 300 hours shall be paid in cash. There shall be no compounding or pyramiding of
overtime pay with regular or premium pay.

Requests for use of compensatory time shall be subject to approval of supervision based
upon operational and scheduling factors. Guidelines for administration of compensatory
time or cash payment of overtime are contained in this Memorandum of Understanding
in Attachment "D."

A unit member may convert accumulated compensatory time credits to cash, up to a
maximum of 120 hours in no more than two, 60 hour increments, by notifying the
Department payroll staff in writing of such intent no later than November 1 (payment will
be made on or before December 15) and no later than July 31 (payment will be made
on or before August 31).

D. Call-Out Pay

An employee shall have a minimum of 3 hours pay at overtime rates when called out for
work after leaving City facilities at a time other than his regularly assigned shift, or when
he is called out for overtime work while on stand-by pay.

Overtime for this call-out shall begin when employees report to the place where they are
instructed to report and shall terminate 45 minutes after being relieved from duty. This
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. Where employees
are assigned take-home transportation, they will not be allowed the 45 minutes travel
time. 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 hours.

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

At times when employees are required to work scheduled overtime, they will receive a
minimum of three hours, at 1 1/2, providing said overtime is not immediately preceding
or following his regular work hours.

Remote Access Support
Employees called to perform work by remote access, such as VPN, shall receive a

minimum of 30 minutes pay at the overtime rate or the actual amount of time expended,
whichever is greater. The employee will be paid at the overtime rate in quarter hour

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increments for each remote access support response after the initial response. Calls
placed closer than 30 minutes shall be treated as a single event and subject to the actual
time worked or minimum payment.

Telephone Support
Employees called to perform work by means of telephone support shall receive 30
minutes pay at the overtime rate or the actual amount of time expended whichever is
greater. The employee will be paid at the overtime rate in quarter hour increments for
each telephone support response after the initial response. Calls placed closer than 30
minutes shall be treated as a single event and subject to the actual time worked or
minimum payment.

E. Cash compensation for all overtime will be at 1 1/2 times the regular rate after the first 7
minutes assigned and worked beyond the end of an employee's regularly scheduled
shift, calculated to the nearest quarter hour. There shall be no compounding or
pyramiding of overtime pay with other regular or premium pay except as required under
Fair Labor Standards Act.

F. Off Duty Physician Appointments

When, at the direction of the immediate non-unit supervisor, unit members being treated
by the authorized and designated City physician at times they are not scheduled to be
on duty nor are on paid leave or disability benefit status, shall be entitled to overtime
compensation in accordance with Article 3 hereof. This compensation shall be at a
minimum of one hour or based on actual check-in and check-out time recorded by health
center staff.

G. Overtime shall be worked and shall be allowed if assigned by the non-unit supervisor or
other authorized representative of the City. The City shall endeavor to be equitable in
the distribution of voluntary overtime amongst qualified employees or crews of
employees within the same classification, function, work location, and shift. Seniority
may be used as a factor in determining the assignment of overtime work. Other factors
include work history, skill level, assigned equipment, etc. The City will make available
to the Union, upon request, reports of overtime worked by unit members on a quarterly
basis. 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 insure timely service delivery, or to conduct mandatory training.

When a unit member is off duty or on leave and is contacted by telephone by his
supervisor for purposes other than callout or a supervisor approves of the making or
receiving of the call, the unit member will be paid at time and one-half his regular rate of
pay for each quarter hour calculated to the nearest quarter hour (over 7 minutes goes
to the next quarter hour). There will be no compensation for calls under 7 minutes.

A unit member has the option of donating accrued vacation or compensatory time to
another City employee in accordance with Administrative Regulation 2.144.

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Section 3-3: Out-of-Class Pay

A unit member 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 member must first accumulate
10 regular working shifts of assignment in the higher class within any 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 assignment need not
necessarily be consecutive. Once this qualification is satisfied, no additional re-
qualification will be required. The unit member must be specifically designated in writing
to perform out-of-class duties.

B. Temporary assignments out-of-class shall be recorded only in full shift units. A unit
employee working out-of-class for 5 hours work for a 10 hour shift and 4 hours work for
an 8 hour shift shall be credited with working out-of-class for the entire shift. No
out-of-class credit shall be given for out-of-class work of less than 5 hours for a 10 hour
shift and 4 hours work for an 8 hour shift.

C. To qualify for out-of-class pay, a unit member must be assuming substantially the full
range of duties and responsibilities of the higher level position. Out-of-class pay is not
authorized, for example, if the organization of a work unit is such that each unit member
carries on his normal duties during the temporary absence of a supervisor, without a
need for the direction which the supervisor would provide on a longer term basis.

D. 1. Time worked in a higher class shall not earn credits toward the completion of
probationary requirements in the higher class.

2. When authorized, time worked out-of-class may earn experience only credit toward
completion of experience requirements in lieu of existing experience requirements
for promotion to those classifications where such out-of-class work was performed
in a certified position.

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 salary ranges, a one-step differential shall
be paid for out-of-class assignments. 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 rank.

F. The City shall not make out-of-class assignments pursuant to this Article in an arbitrary
and capricious manner.

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Section 3-4: Sick Leave Cash Out Formula

A unit member who has accumulated a minimum of 750 qualifying hours or more of accrued
and unused sick leave at the time of a duty related retirement shall be paid an amount of
compensation equal to 25% of his base hourly rate for all hours in excess of 250 hours.

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

Section 3-5: Shift Differential Pay

Unit members shall receive $.60 per hour in addition to their hourly rate of pay when working
a night shift which ends at or after 10:00 p.m. (9:00 p.m. in the Library Division) and before
midnight, and $.80 per hour in addition to their hourly rate of pay when working a night shift
which includes work during the period after midnight to 3:00 a.m. Shift differential shall
continue be paid at the rate of the regular shift for any additional hours worked following the
regular shift.

Employees shall receive night shift pay differential only for hours scheduled and worked,
and not while on paid leave time. If an employee works a 2nd or 3rd shift for 6 hours or
more, they will receive a shift differential.

Employees participating in a 4/10 work schedule shall receive $.60 per hour in addition to
their hourly rate of pay when working a night shift which ends between 10:00 p.m. and 3:00
a.m., inclusive; and $.80 per hour in addition to their hourly rate of pay when working a
regular night shift which ends after 3:00 a.m.

A Unit member shall receive 10 cents 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
PM on Friday and continuing through any shift that starts on or before, but not after 11:59
PM on Sunday.

A Unit member who is called out and works between 2:00 PM on Friday and 11:59 PM on
Sunday will be paid weekend shift differential for all hours worked at the rate specified in
this article.

Section 3-6: Stand-By Pay

When a unit member is required to be available for immediate emergency call-back at times
when the member is not otherwise on duty, the member shall be compensated for such
stand-by hours at $3.00 per hour. Members serving in stand-by assignments shall be
subject to contact requirements as provided for by the Department Head.

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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 4 hours at the hourly or applicable rate of pay. If work on the employee's regular job
is not available for reasons beyond his control, the City may, at the City's discretion, assign
the employee substitute work.

Employees who start work and are later compelled to stop because of inclement weather
or other conditions beyond their control shall be paid for the hours they work, but they shall
be paid for not less than 4 hours at the straight time rate.

Employees released hereunder prior to the end of their regular shift may be required to
stand-by and keep themselves available for immediate call-back during the balance of their
regular shift (for which time they shall be entitled to stand-by pay under Article 3, section 3-
6, "STAND-BY PAY" hereof). An employee may request the use of any accrued leave time,
exclusive of sick leave, to cover the balance of his regular scheduled work shift. Employees
called back to work shall be entitled to their hourly rate of pay for the balance of their
regularly scheduled shift.

Section 3-8: Jury Duty Pay

Pursuant to A.R. 2.24, as amended, a unit member 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 may retain jury or witness pay,
except where such testimony or witness duty is the result of a unit member'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 member is the defendant, plaintiff or
voluntary character witness in a court action.

Subject to operational and scheduling needs, unit members whose regular work shift is
worked after 5 p.m. and prior to 8 a.m. may be allowed by management to be assigned to
the day shift during the period of jury duty service. The member will be responsible to notify
their supervisor as soon as they are notified for jury duty by a court.

Call Out Pay for Court Time:

When, as a result of his official duties, a Unit member is required to appear as a witness at
a time that the employee is not otherwise on duty, the employee will receive a minimum of
3 hours pay at 1 ½ his regular rate of pay, except that an employee shall not be eligible for
additional compensation during that 3 hour period.

Court Time Stand-By:

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When a Police Department Assistant, Crime Scene Specialist, or Commercial Vehicle
Inspector receives a subpoena or other notice requiring him to stand-by to appear in court
to testify concerning the performance of his official duties at a time other than his regularly
scheduled shift, he shall be compensated the greater of either $100 per day for each day
the subject court proceeding is in session and the Unit member is subject to call, or in
accordance with the current provisions of the Fair Labor Standards Act for the term of this
agreement or for so long as the Act is applicable.

Subject to operational and scheduling needs, full-time Unit 3 employees whose non-
traditional work schedules include N-days may be allowed by management to be provided
an alternate N-day during the pay week for hourly employees (when the date of jury service
falls on the employee’s regularly scheduled N-day).

Section 3-9: Deferred Compensation Program

The City shall contribute an additional 0.75% of each Unit employee’s monthly base wages
for a total of 2.36% to the City Deferred Compensation Plan.

Section 3-10: Compensation for Approved Training

Any Communication Dispatcher assigned to the Aviation or Fire Departments and Police
Communications Operator who is selected by their Department to conduct department
approved field training will be paid a one-step differential or a minimum of 3%, whichever is
higher, for those hours actually spent training other staff members.

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. Unit members
may sign individual statements waiving the provisions of this section concerning
consecutive days. Signed waivers shall continue in effect per M.O.U. year, unless there
is an emergency of long-term duration affecting the employee. In which case, the
employee will give the City at least ten calendar days notice in order to revoke the
waiver.

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

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

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d. Signed waiver

The regular work day and regular work week shall consist of 5 consecutive days of 8
hours or 4 consecutive days of 10 hours of work excluding unpaid meal periods in a 7
calendar day pre-established work period, except in those departments performing
normal services regularly on Saturday and/or Sunday, with the following exceptions:

1. To the extent that Library schedules do not conform to the above provision, it is not
intended nor shall this section change such scheduling practices in the Library
Division.

2. The shift schedule for unit members in the Fire Dispatch Operation shall be subject
to change during the term of this Memorandum, when such is conducive to efficient
operations in the judgment of department management. The Union shall be advised
of such changes in advance in the Labor-Management Committee (Article 2, section
2-2).

3. Exceptions to this Section may be made for Detention Officers in the Police
Department.

The City and Union will discuss aligning the definition of the start date of the shift in
Labor-Management meetings.

B. Regular work schedules showing the employees' shifts, work days, and hours shall be
posted where accessible to employees.

C. Except for emergency situations, permanent regular work schedules shall not be
changed without notice of at least 14 calendar days to the affected employee(s). Full-
time unit members shall be given notice of at least 14 calendar days when there is a
change in their permanent work location. Excluding employees of Parks or City
Clerk, part-time employees who have one permanent work location shall be given
notice of at least 14 calendar days when there is a change in their permanent work
location. "Emergency" hereunder shall mean unforeseen operational circumstances.

When used in the context of this article, operational circumstances will be defined as
service demands or other required actions performed to accomplish the mission of the
department. These actions may be routine (anticipated) or emergency (unanticipated).
For routine operational actions, 14 calendar days notice will be given to change
permanent regular work schedules. For emergency operational actions, unit members
will be provided as much advance notice and information as the situation will allow.

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 Union of such changes or new schedules within 7 calendar days notice.

Employees may request to be changed to another work schedule, and when a position
on such schedule becomes vacant and available, shall be so reassigned on a seniority
preferred basis when qualifications and experience are deemed to be equal by the City.
(See Article 4, section 4-4 Seniority)

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D. Employees engaged in continuous operations are defined as being any employee or
group of employees engaged in an operation for which there is regularly scheduled
employment for 24 hours a day, 7 days a week.

The work week for employees engaged in continuous operations shall consist of 5
consecutive days of 8 hours of work or 4 consecutive days of 10 hours of work, excluding
unpaid meal periods. This provision shall not apply to relief positions.

E. Unit 3 employees' regularly scheduled workday will be determined by the actual calendar
date that they start their shift.

Section 4-2: Rest and Lunch Periods

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

5 DAY WORK WEEK
MEAL PERIOD
8 hours
30 minutes on the job, paid at straight time
8-1/2 hours
30 minutes, unpaid
9 hours
60 minutes, unpaid

4 DAY WORK WEEK
MEAL PERIOD
10 hours
30 minutes on the job, paid at straight time
10-1/2 hours
30 minutes, unpaid
11 hours
60 minutes, unpaid

Schedules for Police Assistants and Police Aides, in the Police Department shall include
a paid straight-time meal period of 1/2 hour on the job.

Two (2) paid non-work periods of 15 minutes during the above scheduled work shifts
shall be permitted to promote the health, safety and efficiency of employees on the job.

A unit member may request a flextime schedule. If work demands preclude a unit
member from taking an unpaid lunch period, they will receive compensatory time at 1 ½
x for the missed meal period, provided they have received prior authorization from their
supervisor for working through the lunch period and they have worked more than 40
hours that week. When a Unit member does not receive a paid meal period, the meal
period shall be uninterrupted and duty-free. For paid straight-time meal periods of 1/2
hour, the intent is for the employee to have a break from their work station during this
period, but the employee must be available for immediate call-back to work when
necessary. When work demands permit, with a supervisor’s approval, a Unit employee
may combine their 30 minute meal period with one of their 15 minute rest periods to
achieve a 45 minute meal period. This paid leave time counts as hours worked.

B. Activities of employees during above non-work periods shall not be subject to any
unreasonable restrictions.

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C. When a Unit member works overtime of 2 hours or more in addition to their daily work
shift, they shall be entitled to an additional 15 minute break. Every additional 2 hours of
overtime will entitle an employee to an additional 15 minute break.

After 4 consecutive hours of overtime in addition to their daily work shift, a unit member
shall be entitled to a paid meal break of 30 minutes but in no event shall a unit member
be entitled to more than one such break for every 8 consecutive hours of overtime.

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.

All departments shall provide field employees with the appropriate clean up kits/ materials,
upon request.

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

The intent of the above provision has always been to allow field employees who need
personal clean-up prior to rest or lunch periods a reasonable amount of time to do so. Clean-
up material should be supplied on an as needed basis to field employees. If the field
supervisors and employees act reasonably in addressing the issue, everyone will have a
more healthy and safer work environment.

Section 4-4: Seniority

A. 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.

B. Seniority shall be used as a factor consistent with established Civil Service procedures
and Personnel Rule 14 in choice of work assignments, vacation schedules, and in the
determination of lay-offs.

ARTICLE 5: Benefits

Section 5-1: Health Insurance

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

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B. The City agrees to the continuation of a Healthcare Taskforce for the purpose of studying
existing plans and to explore alternative plans. The Taskforce shall include
representatives from the City and a Local 2960 representative.

C. It is understood between the City and the Union that the City's monthly contributions will
not, under any circumstances, exceed the actual premium cost.

D. The City will maintain an Employee Assistance Program which will provide confidential
individual and family counseling to all unit members and their eligible dependents.
These services will be furnished by an independent contract agency to be chosen by the
City.

E. Employees in positions in classifications 320 and below will receive a health insurance
supplement allowance of $66.50 two (2) times a year to be paid in August and February.
Regular bargaining unit employees must be enrolled in current City Health Insurance
Program to receive this benefit.

F. All Unit 3 Police employees will be included in coverage of the Police Officers Assistance
Program.

G. The following chart reflects the MERP benefits for unit employees eligible to receive
MERP as determined on August 1, 2007. It is understood the MERP amounts listed are
not subject to modification through contract negotiations but may be increased by the
City.

Retiree with less than 5 years of active City credited service.
$117 per month
Retiree with at least 5 years but less than 15 years of active City
credited service.
$135 per month
Retiree with at least 15 years but less than 25 years of active
City credited service.
$168 per month
Retiree with 25 or more years of active City credited service.
$202 per month

H. An additional Medical Expense Reimbursement Plan (MERP) supplement of $100 will
be paid to unit employees who retire on or after July 1, 2007 and are within 15 years of
becoming retirement eligible as of August 1, 2007 and who choose the City’s family
coverage. This additional MERP amount will be paid until retirees reach age 65. Any
unit employee who retires after July 1, 2009, and is eligible to receive MERP, as
determined on August 1, 2007, will receive this additional MERP amount for either family
or single coverage until age 65. This credit is applied directly to the retiree’s premium
deduction.

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).

I. In the event of the death of a unit member while on duty or while performing a job function
as determined by the City, the City will continue to pay the full monthly health insurance
premium for the spouse or domestic partner and all eligible dependents. Should the
surviving spouse or domestic partner remarry, the benefits of this provision may continue

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through COBRA. The policy is retroactive to any reported and known In-Line-of-Duty
death of a Unit member from July 1, 2010 to June 30, 2019.

Section 5-2: Dental Insurance

The City shall pay the full premium costs for single coverage for employees enrolled in the
base dental HMO or PPO plan and 75% of the premium costs for family coverage for a City
dental plan. If an employee selects a dental plan other than the base HMO or PPO, the
employee will pay the difference between the PPO plan and the selected plan.

The plan shall consist of 80% payment of reasonable and customary charges covered for
preventive and diagnostic services, basic services, and major services. The plan shall also
include an orthodontia benefit providing for 80% payment of reasonable and customary
charges up to a maximum lifetime benefit of $2,500 per person. This plan is subject to the
deductibles and limitations contained in the contract between the dental insurance carrier
and the City of Phoenix.

Effective August 1, 2003 the orthodontia benefit shall be $4000 dollars.

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 gross annual
salary rounded up to the next $1,000 or $25,000, whichever is greater; in addition, the City
will also provide death-in-the-line-of-duty insurance with a face value of $75,000.

It is understood between the City and the Union that any negotiated changes 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 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 employee a $200,000 death benefit covering
the unit employees commutation to and from his City work location. This policy will be
consistent with the current City Life Insurance carrier, and will cover the unit employee’s
commute for up to two hours before his shift begins, and two hours after his shift concludes.

In the event of the death of a unit employee 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. This policy will be consistent
with the terms of the current City Life Insurance carrier, for the payment of a supplementary
commutation life insurance policy for each unit employee.

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Accumulated sick leave hours on the city’s official file at the time of an active unit member’s
death will be paid. Payment will be based upon the member’s base hourly rate at the time
of death.

Upon receipt of invoice, the City will reimburse the Union up to $6.00 per month per
full-time unit employee for premiums and reasonable administrative costs incurred
by the Union sponsored life/long term care insurance benefit. Labor Relations must
approve all associated administrative costs prior to reimbursement; however,
approval will not be arbitrarily withheld.

Section 5-4: Long-Term Disability

The City will offer a long term disability benefit for all full time, regular unit employees
pursuant to A.R. 2.323 as may be amended (providing that such amendments shall not be
in conflict with the MOU). Employees who have been continuously employed and working
on a full-time basis for 12 consecutive months are eligible to apply for long term disability
coverage. After an established 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 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.

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 30 months.

Employees participating in the long term disability benefit as of June 30, 2012 will continue
under the previous benefit rules until they return to work or achieve the maximum age of 80
for benefits.

Section 5-5: Holidays and Vacations

A. The City agrees to incorporate into the Memorandum the benefits provided under
Administrative Regulation 2.11, as amended, modified to indicate the following holidays.

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
Independence Day
- July 4
Labor Day
- First Monday in September
Veteran's Day
- November 11
Thanksgiving Day
- Fourth Thursday in November

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Friday after Thanksgiving Day

Eve of the Christmas holiday
- 4 hours
Christmas Day
- December 25
Three vacation days- After completion of six months of full-time employment
added to vacation bank of hours

When a holiday named herein falls on Sunday, it shall be observed on the following
Monday, and when a holiday herein falls on a Saturday, it shall be observed on the
preceding Friday, except that in the case of 6 day operations and in the Library
Department such holidays may be observed on Saturday, and in the case of continuous
operations and seven day operations, holidays shall be observed only on the calendar
days on which they actually fall. This paragraph shall not apply to the Eve of Christmas
holiday, which shall only be granted when it falls on the employees' regular scheduled
work day.

A unit member working in a continuous operation, whose regularly scheduled day off
falls on a holiday specified above, and who is scheduled or called in by management to
work a regular shift on such holiday and scheduled day off, shall be compensated as
follows: 8 hours pay for the holiday plus pay at 1 1/2 the regular rate for each hour
assigned and worked, plus compensatory time credit for each hour assigned and worked
to a maximum of 8 hours.

B. Vacation accrual, carryover, and separation payout shall be governed by the following
table:

SERVICE
YEARS
MONTHLY
ACCRUAL
MAXIMUM
CARRYOVER

PAYOUT
0-5
8 hours
232 hours
280 hours
6-10
10 hours
280 hours
340 hours
11-15
11 hours
304 hours
370 hours
16-20
13 hours**
352 hours
430 hours
21 +
15 hours**
400 hours
490 hours

**In the last three years of service an additional 80 hours may be carried over into a
new calendar year.

Unit members shall be allowed vacation buy out twice per calendar year, on the last
paycheck of November and/or May. The total annual buy out is up to a maximum of 80
hours taken in no more than 40 hour increments, after the employee has accumulated
a minimum of 120 hours and has used 40 hours of vacation/comp-time during the
calendar year.

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.

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To every extent practicable, a transferred unit member will be allowed to maintain his
previous vacation schedule.

C. Through Labor-Management Unit 3 established a pilot program for unused vacation time
that unit members would lose since it could not be carried over into the next calendar
year. A bank was established and the time was donated to Unit 3 employees with a
petition on file per A.R. 2.144. The City agrees to continue the pilot program during
the 2023-2024 MOU.

Section 5-6: Uniforms

A. Uniform Allowance

Unit members employed by the Police Department or Fire Department who are required
to purchase, wear and maintain uniforms pursuant to Police or Fire Department rules
and regulations shall be entitled to an annual uniform allowance in the below listed
amounts for the appropriate listed classifications:

The City will issue a one-time $200 winter uniform jacket allowance to for outdoor work
to the following classifications and assignments:

Police Assistants assigned to Parking Enforcement Detail
Police Assistants assigned to Patrol or Police Transit
Detention Officers
Crime Scene Specialists
Municipal Security Guards in Police, Water and Public Transit

Job Classification
Allowance
Police Assistant/Special Detail
(Assigned to Patrol or Transit functions)
Police Assistant
Detention Officer
$1150 per annum

$725 per annum
$1150 per annum
Police Aide
$725 per annum
Police Communications Operator
$725 per annum
Fire Prevention Specialist Trainee
$725 per annum
Fire Prevention Specialist assigned to Fire Dept.
$1150 per annum
Fire Prevention Specialist assigned to other depts
$725 per annum
Court Security Officer
$725 per annum
Fire Emergency Dispatcher/Lead
$725 per annum
Municipal Security Guard

$725 per annum
(Part-time employees receive
80% of full-time allowance
($580) in Library Dept only)
Municipal Security Guard in Police
(Required to wear Class B or C uniform)
$1150 per annum

Crime Scene Specialist
$725 per annum

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Police Assistants, Detention Officers, Municipal Security Guards in all departments,
Police Assistant-Transit and Police Assistants and Crime Scene Specialists in public
facing positions, as well as Operations Assistants in Aviation working non-secured side
of airport who purchase a new ballistic vest, upon showing proof of purchase, shall be
reimbursed an amount up to, but not exceeding $1,000. Upon replacement, a qualified
employee as listed in this section shall be entitled to the $1,000 reimbursement every 5
years after initial purchase.

In lieu of the $100 employees in the job classifications of Fire Emergency
Dispatcher/Lead previously received from the City/Fire Department for additional
uniform items, employees in these job classifications will now receive an equivalent
uniform allowance of $100. Payment to be made on or about August 1 of each MOU
year.

1. Payment of the annual allowance will be made on or about August 1 of the fiscal year
and shall be for the period of July through June, and is intended to cover the cost of
uniforms, maintenance, and cleaning of such uniforms.

2. New employees will receive the entire annual uniform allowance within 30 days of
the time they are directed to wear and maintain a uniform.

The second uniform allowance, received at the start of the next fiscal year, will be
equal to 1/12 of the annual uniform allowance for each month of the preceding fiscal
period, starting with the first month the employee was directed to wear and maintain
a uniform, to the start of the new fiscal year.

3. Unit members who leave City employment shall repay to the City the uniform
allowance equal to 1/12 for each month remaining in the fiscal year after the last day
of the month in which the separation occurs. Provided, however, that unit members
who retire will not be required to repay any uniform allowance.

The family or beneficiary of a unit member who dies while in the employment of the
City shall not have to pay back any uniform allowance.

4. A unit member who has been on extended leave (paid or unpaid) of 2 months or
longer shall have the next annual uniform allowance reduced by 1/12 of the annual
amount for each month of extended leave.
5. An employee who has received an allowance under this agreement and is
subsequently promoted or transferred into a Public Safety Retirement System
position shall have his allowance adjusted to accommodate the difference but shall
not be entitled to both allowances.

6. Reimbursement Schedule

The City agrees to reimburse all unit members for the repair or replacement of
uniform items and for other personal property damaged in the course of employment
and performance of their assigned duties without fault or negligence on the part of
employees, other than normal wear and tear in accordance with the schedule of
items and maximum amounts authorized for reimbursement outlined below:

Uniform Boots/Shoes - Full Cost
Uniform Trousers - Full Cost
Uniform Shirt - Full Cost
Uniform Jacket - Full Cost
Glasses - Prescription $130.00
Watches - $52.00
Jewelry - $44.00
Flashlight - $21.00
Sun Glasses - $17.00 Non-Prescription
Safety Vest - Full Cost

Reimbursement for full, 3/4, 1/2, 1/4, value are based on the supervisor's evaluation
and recommendations of the article's condition and age. Items not listed above are
not covered by the policy.

The option to repair or replace damaged items, and to determine whether replaced
property will be returned to the employee, rests with the City.

The provisions of this policy shall not apply if the employee has concealed or
misrepresented any material fact or circumstances concerning the subject of the
loss, his interests therein, or in the case of any fraud or false statements by the
employee relating thereto.

Any item not specifically mentioned may be discussed in a meeting of the
Labor-Management Committee.

7. Prior to changing or modifying current uniforms, the City will notify the Union, in
writing, with a minimum of 30 calendar days notice of its intent. The Union may
at any time request the Labor-Management Committee meet to discuss changes and
modifications to the current uniforms.

HONOR Guard – Prior to any formal recognition of the Unit 3 Honor Guard, the City and
Union will determine the Honor Guard fund management, uniforms, policies, and
procedures in Labor-Management meetings. A good-faith effort will be made to
schedule these Labor-Management meetings within 8 weeks of the contract start date.

The AFSCME Local 2960 Honor Guard is a professional organization that represents
the City of Phoenix at official events, memorial services and employee funerals. The
AFSCME Local 2960 Honor Guard was established in January 2015 after the LODD
loss of Unit 3 employee Megan V. Lange. The 501c3 was formalized during the 2016-
2019 contract MOU at the request of the City during negotiations to help institute formal
recognition of the Honor Guard. Through the work of AFSCME Local 2960, a registered
501c3 non-profit association (ID #82-08366266), the Honor Guard provides public
education and community service. Each year of this agreement, the City will direct
$25,000 to a fund maintained by the City, which has been charged to the total
compensation of the Unit 3 economic package, to support the work and related
expenses of maintaining the Honor Guard. The Union will submit receipts to the City for
reimbursement. If the entire $25,000 is not used in the first year of the MOU the balance

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will carry over into the following year not to exceed $50,000 during the term of this MOU.
Funds not used by the end of the MOU will be credited to the Unit 3 package for the
following contract.

Section 5-7: Tuition Reimbursement

A. Unit members who participate in the Tuition Assistance Program shall be eligible for
tuition reimbursement pursuant to the following provisions:

1. For the 2023-2024 fiscal years, an employee may submit tuition expenses incurred
in the prior fiscal year such that the maximum total reimbursed does not exceed
$13,000 across any two-year period.

2. To be eligible for any reimbursement, unit members must have successfully
completed academic or training courses approved by the department head and the
Human Resources Director as provided in existing regulations.

B. Tuition reimbursement in accordance with this Article will be made in the event an
employee's approved course of instruction is terminated solely and directly as a result
reimbursement shall not occur in the event of any other voluntary or involuntary change
in job assignment or employment status.

C. The City will reimburse unit members for expenses incurred as a result of requiring and
maintaining certification required by the City for Building Inspectors, Construction Permit
Specialists, and Operation Assistants Air side, and Fire Prevention Specialist once they
pass the test, on a one time basis only. The City will not reimburse unit members for
classes the City provides at no cost, or for classes the City identifies for unit members
to be taken at no cost.

D. Unit classifications at pay range 324 and above shall be allowed to utilize up to $225 to
attend one-day, in-state, city-related seminars/training and city-related memberships.

Section 5-8: Car Insurance, Mileage Allowance, Bus Pass and Parking

A. Where, with respect to the below listed classifications, the City expressly requires as a
condition of employment that the employee own and utilize his personal automobile in
performing assigned duties, such employees shall be compensated $12.00 per month
toward automobile insurance expenses upon submission and resubmission as may be
required by the City of such insurance expenses being incurred by the employee:

Community Worker II
Caseworker I
Caseworker Aide
Senior Center Assistant

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Employees required and authorized to use their private vehicle on City business and
who have provided proof of appropriate insurance as required by City regulations shall
be compensated at the IRS regulated rate per mile.*

*Refer to A.R. 6.21

B. 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.

C. All regular full-time and part time bargaining unit employees will receive, upon request,
a City issued bus/transit pass at no cost to be used only by the employee.

D. If parking rates are increased, the City will notify the union prior to the increase taking
place.

E. Parking rates for employees who drive motorcycles to work shall be reduced by 50%
when they park at the 305 garage or Adams Street Garage.

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

Section 5-9: Unpaid Parental Leave / Family Leave

A. The City will, as a matter of general policy, authorize up to 3 months of unpaid leave for
any unit member who is the parent of newly born, legally adopted child, or any unit
member who needs to care for an ill family member. Family members include spouse,
qualified domestic partner, children (natural, adopted, foster or stepchildren) brother,
sister, parents, and grandparents. Approval and use of this leave shall be subject to
existing Personnel Rules. The employees’ immediate family member does not have to
live in the employees’ household to be covered by this section.

B. Employee may use up to 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 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 5 incidents not to exceed a total of 40 hours each
calendar year.

For all of the above mentioned leaves, (sick leave, vacation, and compensatory leave)
the employee will not have these leaves be considered a negative factor under A.R.
2.30, when evaluating the job performance of an employee involved in a leave-

54
management program, up to a maximum total of 7 incidents per calendar year. An
incident is defined as an absence from work regardless of the length of time.

Immediate family is defined as the following persons: spouse, qualified domestic
partner, child, step-child, brother or sister of the employee or the parent of the employee
or spouse, a relative who, because of family circumstances, has been a parent substitute
to the employee may be considered as a substitute for mother or father in this definition.

Section 5-10: Retirement Program and Benefits

The retirement program and benefits for Unit 3 employees are listed in the Phoenix City
Charter.

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 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 and
endeavor to agree on a substitution provision or that such a substitute provision is not
indicated.

B. It is recognized by the parties that this MOU shall be administered in compliance with
appropriate provisions of the Fair Labor Standards Act as may be amended.

Section 6-2: Copies of Memorandum

A. Within 60 days of the date that this Memorandum is adopted by the City Council, the
City will arrange for printing of jointly approved copies of it for furnishing one to every
unit employee, unit supervisor and to management personnel.

B. 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.

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Section 6-3: Term and Effect of Memorandum

A. This Memorandum shall remain in full force and effect July 1, 2023 through June 30,
2024 and thereafter shall continue in effect year-by-year unless one of the parties
notifies the other in writing no later than December 1st, of the final year of the contract,
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.

C. If any section or provision of this Memorandum violates existing Federal, State or City
law, then such law shall supersede such provisions 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 City may change the terms and conditions of Administrative Regulations during the
term of this Memorandum. The City will notify the Union of any changes in
Personnel Rules and/or new or revised Chapter 2 Administrative Regulations
(ARs) affecting unit employees.

The City will consult the Union concerning changes affecting existing compensation
provided for under the following Administrative Regulations:

2.16 Political Activity Time Off to Vote

2.241 Compensation for Interpreting and

Translation by Personnel in City Courts

2.27 Employee Suggestion Program

2.34 Transitional Work Policy

3.41 Travel Authorization and Travel Expense Allowances

F. The provisions of this Memorandum apply to all unit members, except that entitlement
to health, life and long-term disability insurance, holiday, overtime and show-up benefits
for regular hourly employees shall continue in accordance with present practice and
policy. The City shall not lay off from City employment full-time employees for the sole
purpose of replacing them with hourly employees, and will not alter the status of
incumbent full-time employees to hourly employees.

G. This Memorandum constitutes the total and entire agreements between the parties and
no past written or verbal statement/agreements shall supersede any of its provisions.

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Section 6-4:

The City shall create an Employee Memorial for those employees lost to COVID-19 to
thank them for their service to the City of Phoenix

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IN WITNESS WHEREOF, the parties have set their hands this
_______ day of May, 2023

______________________________________________________________________
Frank Piccioli, President, AFSCME Local 2960

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

_____________________________________________________________________
Jeff Barton, City Manager, City of Phoenix

ATTEST:

______________________________________________________________________
Denise Archibald, City Clerk, City of Phoenix

APPROVED TO FORM:

______________________________________________________________________
City Attorney, City of Phoenix

AFSCME 2960 Team:

City of Phoenix Team:
Frank Piccioli, President

Jason Perkiser, Assistant Human Resources Director
Debra Novak-Scott

Martin Whitfield, Parks and Recreation Department
Angie Hernandez

Jesse Cooper, Police Department
Kanika Jones

Patricia Kirkland, Human Services Department
Michelle Newcomb

Michael O'Shaughnessy, Aviation Department
Jose Vejar

Brandie Barrett, Public Works Department
Kennethy Franklin

Rayne Gray, Fire Department
Karen Roberts

Sheree Rucker, Human Resources (Coordinator)
Sonya Valenzuela

Brianna Soto, Human Resources (Scribe)
Lena Bernal
Sheila Yellowhair

ATTACHMENT A

DEPARTMENTS REPRESENTED BY AFSCME LOCAL 2960
Aviation
City Clerk
Community & Economic Development
Phoenix Convention Center
Finance
Fire
Housing
Human Services
Information Technology
Law
Library
Municipal Court
Neighborhood Services
Parks & Recreation
Planning & Development Services
Police
Public Transit
Public Works
Street Transportation
Water
Stewards are listed on our website - afscme2960.org

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ATTACHMENT B (Relating to Vacation Leave)
All of the following, including the agreed-upon Intent, are material terms of this Attachment
B and if any provision contained herein is not accepted by the City, the City Council or the
employee group, this entire Attachment B becomes null and void:
Section 3-4 (Continued)
A. Final Average Compensation and Vacation Leave

1. The number of vacation leave hours eligible to be cashed out and included in an
employee’s Final Average Compensation upon retirement will be limited to the
number of vacation leave hours in the employee’s leave bank on June 30, 2014, not
to exceed 450 hours.

2. The City recognizes that the Union may bring a lawsuit regarding the City’s proposed
implementation of the practice set forth in this Attachment B by submitting the dispute
concerning the City’s proposal and planned implementation of the practice in
Paragraph B.1 of this Attachment B to a court of competent jurisdiction.

3. The Parties expressly agree that nothing contained in Section 3-4 or this Attachment
B shall be construed to constitute an agreement by the Union to the lawfulness of
the practice set forth in Attachment B or the lawfulness of implementation of the
changes set forth in Paragraph B.1 of this Attachment B. Nor shall anything
contained in this Attachment B constitute a waiver of the Union’s, employees’ or the
City’s claims or defenses in connection with a lawsuit as set forth in Paragraph B.2.
hereof regarding the lawfulness of the City’s proposed implementation of the
changes set forth in Paragraph B.1. The City agrees not to make any argument
based on this Attachment B regarding waiver, estoppel, ratification, novation or any
similar arguments based on this Attachment B. The City expressly agrees it waives
any rights to argue and will not and may not argue, based on this Attachment B, in
any lawsuit as set forth in Paragraph B.2 regarding the lawfulness of City’s proposed
implementation of the changes in Paragraph B.1, that the Union or Unit 3 employees
agreed to the lawfulness of such changes including, without limitation, by asserting
that the Union or employees agreed to the lawfulness of such change based on this
Attachment B, the negotiations leading up to this Attachment B, the ratification of the
MOU by the Unit 3 employees or based on any action or statements of the Union in
relation to this Attachment B.

4. The Parties further agree that until there is a final judgment and declaration with
respect to the rights of the parties regarding the lawfulness of and the proposed
implementation of the practice in Paragraph B.1, if the City calculates retirement
benefits based on such practice, the Union will not seek a temporary restraining

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order, preliminary injunction or other interim relief to cease the practice set forth in
paragraph B.1. The City expressly agrees that it waives any rights to argue and will
not and may not argue that failure to seek a temporary restraining order, preliminary
injunction or other interim relief to cease the practice set forth in paragraph B.1
constitutes estoppel, an agreement to such practice or waives any rights to challenge
such practice nor will the City argue that either the Union or Unit 3 employees agreed
to the lawfulness of the practice set forth in Paragraph B.1 or such practices based
on the failure to seek a temporary restraining order, preliminary injunction or other
interim relief.

5. The City and the Union further agree that in the event a court determines in a lawsuit
as described in Paragraph B.2., after final judgment and all appeals are exhausted,
that: (a) the vacation payments at issue in Paragraph A are compensation within the
meaning of the Charter; or (b) determines that the practice set forth violates the
contractually vested rights of employees; or (c) determines that the practice violates
either the Arizona or United States Constitutions, the City shall, as soon as is
reasonably practicable after final judgment and all appeal rights are exhausted, sever
Paragraph B.1 of this Attachment B and its terms from this MOU and will take
whatever administrative action is reasonably necessary to undo the practice
described in this Attachment B as required to implement such court’s judgment and
make any affected employees whole. The City shall meet and discuss with the Union
about such administrative action before such action is taken and shall advise the
Union first before advising affected Unit 3 employees about any such administrative
action that directly affects Unit 3 employees

6. The City and the Union further agree that, in the event of a final judgment in the
Union’s favor such as described in Paragraph B.5. of this Attachment, and after all
appeals are exhausted, the City will apply such judgment retroactively to undo the
effect of the practices described in this Attachment B.1 on any employees affected
or bound by this Attachment B and make such employees whole, including without
limitation those Unit 3 employees who retire after June 30, 2014 but before such final
judgment and appeals are concluded. The City shall meet and discuss with the
Union about what actions are taken to undo the effect of the practices and shall
provide the Union with information concerning what Unit 3 employees retired after
June 30, 2014 who were affected by Paragraph B.1 of this Attachment B as
reasonably requested by the Union. The City agrees that it will not argue or claim
that such judgment should be applied prospectively only.

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ATTACHMENT C (Relating to Sick Leave)
All of the following are material terms of this Attachment C and if any provision contained
herein is not accepted by the City, the City Council or the employee group, this entire
Attachment C becomes null and void:
Section 3-4 (Continued)
C. Sick Leave Cash Out Formula (Continued)
1. Final Average Compensation and Sick Leave.

a. The number of sick leave hours eligible to be cashed out and included in an
employee’s Final Average Compensation upon retirement will be limited to the
number of sick leave hours in the employee’s leave bank on July 1, 2012, provided
all criteria are met as described in Subsection A of Section 3-4 of this MOU.

b. Employees with less than 250 hours of accrued and unused sick leave on July 1,
2012, will not meet the minimum balance requirements for a sick leave cash out
that can be included in their Final Average Compensation.
c. The portion of accrued and unused sick leave that is not included in the Final
Average Compensation upon retirement can be cashed out as a lump sum upon
retirement, provided all criteria are met as described in Subsection A of Section 3-
4 of this MOU.
2. The Parties agree that Paragraph C.1(a-c) of this Attachment C of this MOU shall
not take effect, unless and until a final judgment, after all appeals are exhausted, has
issued in the City’s favor on all claims asserted by the Plaintiffs, as to the lawfulness
of the practice described in Paragraph C.1(a-c), in the pending lawsuit, Piccioli, et.
al., v. City of Phoenix, et al., Ariz. Super. Ct. Case No. CV2012-010330 (“Piccioli”).

3. The Parties agree that nothing in either Paragraph C.1 (a-c) or this Attachment C of
this MOU shall be construed to be a waiver of either the Union’s or the City’s claims
or defenses in connection with the Piccioli lawsuit, including any of the City’s
arguments in defense of continuing its current practice under Administrative
Regulation 2.441 or any of the Union’s arguments that it never agreed to such
changes in the MOU effective July 1, 2012 through June 30, 2014 or otherwise. The
City agrees not to make any argument based on this Attachment C regarding waiver,
estoppel, ratification, novation or any similar arguments based on this Attachment C.
The City expressly agrees it waives any rights to argue and will not and may not
argue, based on this Attachment C, in the Piccioli matter regarding the City’s
proposed implementation of the changes in Paragraph C.1(a-c), that the Union or
Unit 3 employees agreed to the lawfulness of such changes including, without
limitation, by asserting that the Union or employees agreed to the lawfulness of such

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change based on this Attachment C, the negotiations leading up to this Attachment
C, the ratification of the MOU by the Unit 3 employees or based on any action or
statements of the Union in relation to this Attachment C.

4. In the event a final judgment as described in Paragraph C.2. is issued, the Parties
agree that the City may, as soon as is reasonably practicable after final judgment
and all appeal rights are exhausted, take whatever administrative action is
reasonably necessary to implement the practice described in Paragraph C.1(a-c) of
this Attachment C, provided such action is consistent with the Court’s final judgment.
The City shall meet and confer with the Union about such administrative action before
such action is taken and shall advise the Union first before advising any other Unit 3
employees about any administrative action regarding implementation of Paragraph
C.1(a-c) that directly affects Unit 3 employees.

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ATTACHMENT D

GUIDELINES FOR ADMINISTRATION OF
COMPENSATORY TIME/CASH PAYMENT OF OVERTIME

The following understanding is intended to serve as guidelines for employees and
supervisory and management personnel when administering the compensatory
time provisions of this Memorandum of Understanding.

Subject to the limitations set forth herein, the following shall apply:

Employees shall have the choice of requesting either compensatory time or cash
payment for overtime authorized and worked, if an overtime appropriation has been
included in the department budget for the departmental work unit in which the
employee works.

Employees will specify the type of payment (cash or compensatory time) at the
time the overtime is worked.

An employee's choice of type of payment shall be subject to supervisory approval.
Once agreement has been reached between the employee and the supervisor, the
type of payment agreed upon shall be honored.

This understanding regarding employee choice shall not apply under the following
circumstances:

Where no overtime appropriation has been included in the department budget for
the work unit in which the employee works.

Where budgetary, staffing, or grant limitations have been placed on the
authorization, use, disbursement or payment of such funds by the City Manager,
Department Head or their designated representatives, or where the terms and
conditions for the receipt and/or utilization of any federal, state, or local government
grants impose such limitations.

The City will make reasonable efforts to notify the Union when changes in
departmental overtime policies regarding the type of payment occur. Provided,
however, that failure to notify the Union shall not prevent or prohibit the department
from implementing such change.

APPENDIX E

12-Hour Rule Examples

Regular Shift 2:00 PM - 10:00 PM M-F
Monday
Tuesday
2:00 PM
4:00 PM
6:00 PM
8:00 PM
10:00 PM
12:00 AM
2:00 AM 4:00 AM
6:00 AM
8:00 AM
10:00 AM
12:00 PM
2:00 PM
Wednesday
Wednesday
Regular Shift 2:00 PM - 10:00 PM M-F
6:00 AM
8:00 AM
10:00 AM
12:00 PM
2:00 PM
4:00 PM
6:00 PM 8:00 PM
Thursday
Friday
Regular Shift 6:00 AM - 2:00 PM M-F
6:00 AM
8:00 AM
10:00 AM
12:00 PM
2:00 PM
4:00 PM
6:00 PM 8:00 PM
10:00 PM
12:00 AM
2:00 AM
Works regular shift
Works morning shift
Time period of 6:00 AM - 10:00 AM qualifies for the
12-hour rule. Process XF 4 hours, employee is paid 4
hours at 1/2 time and receives regular hours paid
Time period of 6:00 AM - 2:00 PM qualifies for the
12-hour rule. Process XF 8 hours, employee is paid 8
hours at 1/2 time and receives OT (1 1/2) for
working 6:00 AM -2:00 PM
Time period of 6:00 PM - 2:00 AM qualifies for the 12-hour rule.
Process XF 8 hours, employee is paid 8 hours at 1/2 time and
receives OT (1 1/2) for working 6:00 PM - 2:00 AM