AFSCME Local No. 113 4/12/2017 - Laserfiche WebLink

ARTICLE 17 - DAY LABORERS Section 1: Subject to the terms and conditions set forth below, the City and Union agree that the City shall have the right to employ day laborers so long as said employment does not supplant full-time or regular part-time bargaining unit positions. It is recognized and agreed that persons employed as day laborers are not members of the bargaining unit and as such, except where specifically provided in this Agreement, shall not be subject to the terms and conditions of this Agreement. However, as a condition of the City employing day laborers, the Union will require a reasonable work permit fee not to exceed twelve dollars ($12.00) per pay period. Section 2: The term "Day Laborer" shall be defined as an employee performing bargaining unit work and occupying a position on less than a year around basis to cover seasonal peak workloads, emergency workloads of limited duration, necessary vacation relief, and other situations involving fluctuating staff. Seasonal peak workloads for all Departments shall be considered to be March 1st through November 30th. Seasonal peak workloads for Animal Services shall be considered to be April 1st— December 31st Section 3: Term of Employment A. Except as provided otherwise herein, the City shall not employ day laborers in excess of six consecutive months. The City will not rehire a day laborer for a second six (6) month period unless at least four (4) months have elapsed since the end of the previous six (6) month period of employment as well as all other time and date requirements set forth. B. The parties agree that any person employed as a day laborer who is actively enrolled in an accredited high school or college and maintains a minimum of nine hours per week and provides enrollment documentation to the hiring department for each quarter or semester, shall not be subject to the four (4) month limitation above, so long as said person works no more than twenty (20) hours per week. If the student exceeds the twenty (20) hours, s/he shall be terminated and not rehired until four (4) months have elapsed. Additionally, the work permit fee for Student Day Laborers shall be eight dollars ($8.00) per pay period. Student Day Laborers may work during one off semester or quarter per year between academic enrollments provided that notification by the student is provided in writing and the Student Day Laborer was employed during the previous quarter or semester. The hours worked during the off semester or quarter shall not be limited to twenty (20) hours per week provided that the total hours worked in the calendar year shall not exceed 1040 hours. C. Recognizing the necessity to maintain on-going, continuous programs in the Parks Department, the parties agree that day laborers employed in Seasonal Parks positions may be Page 37