HomeMy WebLinkAbout000894 Original Contract City of Port Angeles
Record #000894
• ORT NGELES
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WASH I N G T O N, U. S. A.
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CITY COUNCIL MEMO
DATE: MARCH 17,2015
TO: CITY COUNCIL
FROM: HEIDI GREENWOOD,SENIOR ASSISTANT CITY ATTORNEY
ABBI FOUNTAIN,HUMAN RESOURCES MANAGER
SUBJECT: APPROVE COLLECTIVE BARGAINING AGREEMENT WITH IUOE LOCAL#302
Summary: In April 2014, the Public Works & Utilities Manager's voted to establish a new
union; the International Union of Operating Engineers (IUOE) Local #302. City staff and IUOE
representatives settled on a contract with the following terms:
1) A one year contract: January 1, 2015 –December 31, 2015;
2) A 2 % cost of living adjustment to be effective January 1, 2015;
3) All current benefits the managers are currently receiving will remain the same for
calendar year 2015; including the $50 health care offset, for 2015 only, which is
explicitly for the management/non-represented group; and
4)Approve increasing Street/Stormwater Superintendent salary due to increased
responsibility and parity with other Public Works &Utilities Managers..
Recommendation: Staff recommends the City Council approve the terms of the IUOE
Collective Bargaining Agreement, the cost of living adjustment, and salary increase for the
Street/Stormwater Superintendent as stated in the summary above.
Background /Analysis: In April 2014, the Public Works &Utilities Manager's voted on and
approved establishing a Collective Bargaining Unit with the IUOE Local #302. City staff has
been negotiating with the IUOE union since October 2014. Through several negotiating sessions
the union leadership accepted the following as proposed by the City:
• A one year contract: January 1, 2015 –December 31, 2015,
• A 2 % cost of living adjustment to be effective January 1, 2015, and
• All current benefits the managers are currently receiving will remain the same including
the $50 health care offset, for 2015 only, that is explicitly for the management/non-
represented group.
• The City agrees to conduct a salary survey for the IUOE during the 2015 calendar year,
with any potential impacts subject to negotiations.
In addition to agreeing to a new Collective Bargaining Agreement with the City, in 2014, the
Public Works & Utilities Operations went through a re-organization. The City eliminated the
Public Works & Utilities Deputy Director of Operations position and created just one Deputy
Director of Public Works & Utilities position. This reorganization resulted in a savings of
approximately $150,000.
During this same re-organization, the current Street/Stormwater Superintendent position acquired
new job duties and a significant amount of responsibilities regarding the evolving certification
and requirements of the Stormwater program. Therefore, the Human Resources Office also
conducted a salary comparison (between internal managers and other city's with similar
positions) and recommended to the Public Works &Utilities Director and the City Manager that
the Street/Stormwater Superintendent's salary be increased from the current Management Range
of 32 to Management Range 33 (or IUOE RO1 to IUOE Range 02)which represented a 6%
increase in salary to be effective when the IUOE Collective Bargaining Agreement is approved
by union and City Council.
In closing, the proposal is consistent with the City Council's recommendation and is the same
financial proposal settled on between the City, IAFF, and the IBEW. The City is still in
negotiations with the remaining three contracts that expired December 31, 2014. City staff
appreciates the IUOE working with the negotiating team and accepting the City's proposal.
Attachment: 2015 IUOE Collective Bargaining Agreement
Collective Bargaining Agreement between
THE CITY OF PORT ANGELES,WASHINGTON
AND
INTERNATIONAL UNION OF OPERATING ENGINEERS
Local#302
PUBLIC WORKS OPERATIONS SUPERVISORS & MANAGERS UNIT
January 1, 2015 through December 31, 2015
PAGE NO.
Preamble 2
ARTICLE 1 Recognition 2
ARTICLE 2 Union Security 2-3
ARTICLE 3 Union-Management Relations 3
ARTICLE 4 Nondiscrimination 3-4
ARTICLE 5 Management Rights 4-5
ARTICLE 6 Grievance Procedure 5-6
ARTICLE 7 Hours of Work and Overtime Exemption 7
ARTICLE 8 Paid Holidays 7
ARTICLE 9 Vacation Leave 7-8
ARTICLE 10 Sick Leave 8-9
ARTICLE 11 Education and Certifications 9
ARTICLE 12 Health and Welfare 9-10
ARTICLE 13 Retirement 10
ARTICLE 14 Employee Rights 10-11
ARTICLE 15 Probation 11
ARTICLE 16 Layoff, Recall, & Promotion 11
ARTICLE 17 Seniority 11
ARTICLE 18 Wages 11-12
ARTICLE 19 Equipment, Uniforms, & CDL'S 12
ARTICLE 20 Safety 13
ARTICLE 21 Civil Liability 13
ARTICLE 22 Savings Clause 13
ARTICLE 23 No Strike, No Lockout 13
ARTICLE 24 Entire Agreement 14
ARTICLE 25 Term of Agreement 14
Appendix"A" 2015 Salary Schedule
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Preamble
This Agreement is entered into by the City of Port Angeles, Washington, hereinafter referred to as the
"Employer" or"City", and International Union of Operating Engineers, Local 302, hereinafter referred to as
"Union" ,representing Public Works & Utilities Department Supervisors & Managers working for the City in
the Fleet Services, Water Resources, Solid Waste,Waste Water, Streets/Storm Water, Light Operations
Divisions, Engineering, Electrical Engineering and Power Resources . This agreement governs all terms
lawful for negotiations between the parties including, but not limited to wages, benefits and working
conditions.
ARTICLE 1
RECOGNITION
1.1 The City recognizes the Union as the exclusive bargaining representative for the purposes of
establishing wages, hours and other conditions of employment for all full-time and regular part-time
operations supervisors of the City of Port Angeles, Public Works Department in Fleet Services, Water
Resources, Solid Waste,Waste Water, Streets/Storm Water, Light Operations Divisions, Engineering,
Electrical Engineering, and Power Resources, excluding confidential employees and all other employees.
This is in accordance with the decision issued by PERC April 14th 2014. PERC Case 26238-E-14-3847
1.2 When any new supervisor or manager position is created in the Public Works, Utilities Department,
and Engineering the parties will meet to determine if that position will be included in the bargaining unit
consistent with the position's duties, responsibilities, confidentiality, and general organizational structure
of the Department. In the event agreement cannot be reached, either party may petition the PERC for unit
clarification pursuant to WAC Title 391-35n.
ARTICLE 2
UNION SECURITY
2.1 All employees in the bargaining unit shall, as a condition of employment, within thirty(30) days of
employment or the effective date of this agreement become members of the Union and thereafter shall
maintain their membership in good standing for the duration of this Agreement. All employees of the
employer covered by this Agreement who are members of the Union in good standing on the effective
date of this Agreement shall remain members in good standing.
2.2 Upon the written authorization of any employee within the bargaining unit, the Employer shall
deduct and remit from the pay of said employee the monthly amount of dues as certified by the Union.
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2.3 The Union agrees to defend, indemnify and hold the City harmless against any and all claims, suits,
orders or judgments brought or issued against the Employer as a result of any action taken by the City to
comply with the provisions of this Article.
ARTICLE 3
UNION-MANAGEMENT RELATIONS
3.1 All collective bargaining with respect to wages, benefits, hours, and working conditions of
employment shall be conducted by authorized representatives of the Union and authorized
representatives of the Employer. Agreement reached between the parties to this contract shall become
effective when signed by authorized representatives of the Employer and of the Union. The City of Port
Angeles Personnel Policy& Procedures Manual shall apply to members of this bargaining unit. The
parties agree that should the City amend, modify, adopt or change any such policies that it is understood
that the Union will be notified in writing of the effective date of the change and given the opportunity to
propose that these changes be negotiated as they pertain to bargaining unit members. Should there be
any conflict between City rules, regulations or policy and this Agreement, the Agreement shall prevail.
3.2 City Personnel Policy& Procedures Manual for Personnel Administration will be available for
review, either electronically or at a central location accessible to all members of the bargaining unit.
3.3 The Employer agrees to furnish suitable bulletin boards in convenient places in each work area to
be used by the Union. The Union shall limit its posting of notices and bulletins to such bulletin boards.
Such posting shall not include derogatory or inflammatory or defamatory information.
3.4 Union activities will not interfere with the work of employees and shall be performed only with
permission of the Deputy Director, usually 24 hours in advance or by mutual agreement, to minimize any
impacts on Employer operations.
3.5 Authorized representatives of the Union shall have full and free access to the public premises of the
Employer at any time during working hours to conduct Union business; provided, however, that such
conduct of Union business shall cause no disruption of the work required to be performed by employees.
The Union shall give reasonable advance notice to the Employer of any such Union activity.
3.6 The Union shall provide the Department Director with a current list of all stewards.
ARTICLE 4
NON-DISCRIMINATION
4.1 Neither the Employer, Union nor any employee shall in any manner unlawfully discriminate against
any employee on the basis of race; color; religion; creed; sex; marital status; national origin; age; or
sensory, mental or physical handicaps or disabilities.
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4.2 No employee shall be discriminated against because of membership or lack thereof or lawful activity
in the Union, provided such activities are not carried on so as to interfere with the normal work process.
4.3 City Personnel Policy& Procedures Manual prohibiting discrimination and harassment shall be
adhered to by members of the bargaining unit.
ARTICLE 5
MANAGEMENT RIGHTS
The Employer retains the exclusive right to reserve all powers and authority to manage its operations in
an effective manner, subject only to the limitations expressly stated in this Agreement. The following
management rights and responsibilities are examples, not intended as all-inclusive:
• Establish, enforce and modify reasonable rules and regulations for the operation of the Department
and the conduct of its employees.
• Determine and change Department budget, methods of operation, procedures, location, facilities,
materials and equipment.
• Recruit, hire, layoff, promote, assign, classify, evaluate, appoint, transfer, discipline, discharge, or
suspend employees in accordance with City of Port Angeles Personnel Policy& Procedures Manual. All
discipline for employees covered under this Agreement shall be for just cause.
• Determine the number of personnel, the allocation of work assignments, including the number to be
assigned any particular work, work schedules and the personnel, methods and processes by which work
is to be performed
• Determine mental, physical and performance standards.
• To schedule and assign work and determine the duties to be performed by employees. The employer
will notify the Union of any and all job description changes and arrange for effects bargaining.
• Determine the need for additional education courses, training programs, and on-the-job training, or
class training, assign employees to such duties for periods to be determined by the Employer.
• Take any action as may be necessary to carry out the mission of the City and to deal with
emergencies as declared by the Emergency Management Director, Mayor, County, Governor, or
President.
The Employer agrees those Employer rules, regulations, policies and procedures adopted which affect
working conditions and performance may be subject to the grievance procedure as to whether or not
there has been a violation of such rule, regulation, policy or procedure. In the event there is a conflict
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between the terms of this Agreement and any Department rule, regulation or policy. The Employer agrees
that for the life of this Agreement, it will not subcontract or outsource bargaining unit work,(exceptions
include Engineering contracts)without first notifying the Union of its plans, meet with the Union
representatives and explore alternatives with the Union that would meet the City's interests. The
Employer and the Union will discuss the effects of any such decision upon employees covered by this
Agreement.
ARTICLE 6
GRIEVANCE PROCEDURE
6.1 A grievance is defined as a dispute arising during the term of this Agreement involving the
interpretation, application, or alleged violation of an employee's rights and privileges as set forth herein.
6.2 A determined effort shall be made by all parties to resolve the dispute at the lowest possible level.
The Employer agrees to allow reasonable time during working hours for employees and a steward to
investigate and process a grievance.
Step One:
An employee or group of employees who thinks he/she is aggrieved shall consult with a Union
Representative and they shall, within ten (10)working days of the occurrence discuss the facts with the
employee's Deputy Director. The Deputy Director shall provide a proposed solution, which may be in
writing, to the grievance within ten (10) working days of the discussion.
Step Two:
If the aggrieved employee(s) is not satisfied with the Deputy Directors proposed solution, the employee
and the Union may put the facts of the grievance in writing and submit the grievance to the Public Works
Director within ten (10)working days of the Deputy Director's response or failure to respond. The
grievance shall contain the factual allegations surrounding the occurrence, the specific articles of the
contract alleged to be violated, and the proposed remedy sought by the grievant. The Public Works
Director shall reply to the employee and the Union in writing within ten (10) working days after receipt of
the written grievance.
Step Three:
If the aggrieved employee and the Union are not satisfied with the Public Works Director's response, the
grievance and all supporting documentation and information shall be submitted to the City Manager within
ten (10)working days of the receipt of the Director's response or the Director's failure to respond. The
City Manager shall meet with the grievant, the Union and other concerned parties, and shall respond in
writing with a decision within ten (10)working days of receipt of the grievance.
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Step Four:
If the Union is not satisfied with the response at Step 3, it may, by written notification to the City Manager
within ten (10)working days of receipt of the answer at Step 3, request arbitration. The Employer and the
Union will attempt to agree on a neutral arbitrator to hear the grievance, and with mutual agreement may
submit multiple grievances to the same arbitrator. If the parties are unable to reach agreement on an
arbitrator the parties shall request the Public Employment Relations Commission, Federal Mediation and
Conciliation Service or the American Arbitration Association to provide a list of nine (9) arbitrators. The
arbitration shall be conducted under PERC rules. The parties shall alternately strike names from the list, a
coin flip determining which party strikes the first name. The last remaining name shall be requested to
hear the grievance.
6.3 Each party shall be responsible for compensating its own representation (e.g. legal representation
and witnesses). The arbitrator's findings shall be final and binding on the parties. Cost of the arbitrator
shall be shared equally by the parties.
6.4 The time limit expressed throughout this procedure may be waived or extended by mutual
agreement of the parties in writing. The steps in the grievance procedure may be eliminated by mutual
consent..
6.5 Should the employee or the Union fail to take a grievance to the next step within the prescribed time
limits, the grievance shall be deemed abandoned.
6.6 There shall be no unlawful discrimination or disciplinary action against an employee or witness for
an employee because of his or her use of the grievance procedure.
6.7 All discipline or corrective action for managers and superintendents covered under this Agreement
shall be for just cause.
In the event of written reprimand or disciplinary action, the employee's Deputy Director will provide the
Union with written notice of such action, including specific violations.. An employee has the right to meet
with his Deputy Director to address the facts of the incident. Such a meeting must be requested by the
employee within ten (10)working days of the discipline imposed by the Deputy Director. The meeting is
to provide the employee with the opportunity to present his/her side of the matter. The Deputy Director,
after the meeting, shall affirm, modify, or cancel the action.
The employee is entitled to representation at all stages of the process.
Verbal or written reprimands are not appealable through the grievance procedure, unless there is a loss
of pay, property or benefits. However, if a written reprimand is placed in the employee's personnel file, the
employee may submit a written reply for placement in the personnel file. The reprimand shall be removed
at the end of twelve months provided no related discipline occurs during this time.
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ARTICLE 7
HOURS OF WORK AND OVERTIME EXEMPTION
7.1 Managers and Superintendents in the bargaining unit shall generally work a four or five day, forty
(40) hour per week schedule. Furthermore, the supervisory nature of their position qualifies as an
exemption under the Fair Labor Standards Act, and thus are salaried employees who are not paid
overtime. The City recognizes managers often work in excess of 40 hours per week in response to
demands of the job. Managers are allowed to work with their Deputy Director and use flex time in, lieu of
accrued leave, when it is appropriate and mutually agreed upon.
ARTICLE 8
PAID HOLIDAYS
8.1 The following holidays are recognized and observed by the City as paid holidays for regular full-time
employees in the bargaining unit:
New Year's Day Labor Day
Martin Luther King's Birthday Veterans Day
President's Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
8.2 In addition to the above specified holidays, a member may designate two non-cumulative personal
(floating) holidays in each calendar year.
8.3 Bargaining unit members shall have the holiday off and receive their regular compensation for each
holiday. In the event that any listed holiday falls on a scheduled day off, the closest regularly scheduled
workday shall be given as a holiday in lieu of the normal holiday.
ARTICLE 9
VACATION LEAVE
9.1 Vacation shall be accrued at the following rates:
Less than 2 years service 11 days
2-5 years service 14 days
6-10 years service 17 days
11-15 years service 21 days
16-20 years service 26 days
21 years + 31 days
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9.2 Leave accredited for any pay period of service may be taken in any subsequent pay period,
providing such leave is approved by the Deputy Director.
9.3 Accumulation of annual leave may be unlimited, however accrued vacation leave payoff at the time of
separation of City service, will be limited to 100%for the first 960 hours and at 25% after that, as long as
the employee has completed the applicable probation period. As to newly hired employees to the City in
this group after the effective date of this contract, accumulation shall be unlimited, but at time of
separation from City employment, payoff is limited to 100%for the first 480 hours accumulated and 25%
for hours accrued beyond this amount.
ARTICLE 10
SICK LEAVE
10.1 Sick leave shall accrue at the rate of 3.69 hours per pay period for all regular full time employees
covered by this agreement.
10.2 An employee requesting sick leave usage must provide the proper notice as established by the
Department Policy.
10.3 Sick leave may be used for the following:
Illness or injury to the employee, on or off the job, resulting in an inability of the employee to perform
his/her work.
Illness/injury to the employee's immediate family requiring the attendance of the employee to medically
care for the family member. Proof of this medical need may be requested by the City in the form of a
doctor's verification. Immediate family, for the purpose of sick leave benefits, is defined as follows:
Immediate family shall include persons related by blood, marriage, or legal adoption, which includes:
parent, wife, husband, brother, sister, child, grandparents, grandchildren, nieces and nephews and any
relative living in the employee's household.
Funeral Leave: Sick leave may be used for purposes of attending a funeral of a family member. Use of
sick leave for such reason shall be three (3)workdays in any on instance. Upon request of an employee,
additional days shall be granted if he/she encounters extenuating circumstances of must travel out of
state.
Maternity Leave: Illness/disability resulting from pregnancy, miscarriage, or childbirth shall be charged to
sick leave and then, if necessary, to vacation accrual. Upon expiration of all paid leave, an employee may
request a maternity leave of absence without pay. The duration of a maternity leave of absence shall be
based upon medical evidence provided to the employer.
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Family Leave: Employees are covered by Federal/State Family Leave legislation which provides for leave
of absence to care for a newborn child, adopted child or a child terminally ill. See the City of Port Angeles
Personnel Policy and Procedure Manual, Chapter 7.06, Family Leave.
Donation of Paid Leave Time for Catastrophic Illness/Injury: An employee may donate sick leave,
vacation, compensatory time, or holiday time to another employee who has exhausted all pair leave time
resulting from a catastrophic illness/injury. See the City of Port Angeles Personnel Policy and Procedures
Manual, Chapter 7, Leaves of Absence, for specific conditions and eligibility procedures.
Worker's Compensation: When an employee is injured on the job and there is time lost, he/she shall go
on industrial insurance as provided by the City. He/she may use sick leave credits for pay equal to the
difference between his/her regular pay, less the amount of Workers Compensation pay. The portion of
sick leave paid will be deducted from accumulated sick leave. Upon exhaustion of sick leave credits, any
other form of paid leave shall be made available for the above purpose.
10.4 Sick Leave Cash Out: 25% of accumulated sick leave will be paid out upon separation of service
from the City of Port Angeles. In the event of the death of an employee, the City will pay 75% of
accumulated sick leave.
ARTICLE 11
EDUCATION AND CERTIFICATIONS
The parties agree that it is in their best interests to provide opportunities for employees to gain additional
education in areas relating to their employment with the City. The city agrees to reimburse an employee
for full tuition and book expenses for courses directly related to his/her job subject to written approval in
advance by the Public Works Director and in accordance with the City's Personnel Policies and
Procedures Manual, Department policy, and available funds and as set by the Tuition Reimbursement
policy. The employee must submit proof of satisfactory completion of the course, and such proof shall be
placed in the employee's personnel file. Certifications required by the Employer by City, State or Federal
government/regulation will be paid for by the Employer including any training needed to obtain and
maintain such certifications. This includes any renewal fees.
ARTICLE 12
HEALTH AND WELFARE BENEFITS
12.1 Health Benefits
During the term of this Agreement, the City agrees to provide medical, dental, vision, and prescription
drug coverage for regular full-time and part—time employees (50%or greater) and their eligible
dependents.
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Medical Insurance:
The City shall provide medical insurance through AWC and cover 87.5% of the premium for employees
and eligible dependents for the Health First medical plan. The cost sharing of premiums for employees
will be 12.5% of the monthly medical premium. The City agrees to purchase the AWC vision plan.
The City will provide$50 per month compensation as a"Health Care Offset"for uninsured medical, vision,
and/or dental expenses for calendar year 2015.
Dental Insurance:
The City shall fund the dental coverage for the employee and eligible dependents for the duration of the
agreement for the AWC Dental Plan F benefits. The City reserves the right to change insurance carriers
as long as the benefits are equal to or greater than the plans noted above. If the City considers changing
insurance carriers, the City shall notice the union prior to any change to meet and discuss the proposed
action.
Term Life Insurance:
The City agrees to extend life insurance coverage to regular full time employees represented by IUOE
Local#302 equal to one times their annual salary, rounded to the nearest thousand, to a maximum of
$50,000. Amounts beyond the annual salary coverage or for spouses will be at the employee's expense
through payroll deduction procedures.
Long-term Disability
The City will provide long-term disability insurance for regular full-time employees with a 90-day waiting
period and income protection equal to approximately 60% of the employees' monthly salary. The specific
terms, conditions and eligibility shall be governed by the insurance policy document, provided to each
employee.
Deferred Compensation:
The City shall make deferred compensation programs available to employees and the City shall
contribute 50% of the employee's contribution up to 3% of base salary.
IRS 125 Account (Flexible Spending Account)
The City shall make available an IRS 125 Flexible Spending account benefit for any employee who
chooses to participate in the program.
ARTICLE 13
RETIREMENT
13.1 Retirement: Employees shall be covered under the applicable Washington State Public Employees
Retirement System (PERS)c9 plan and Social Security.
ARTICLE 14
EMPLOYEE RIGHTS
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14.1 The Employee personnel records shall be accessible to the concerned employee, selected City
officials as authorized by the City Manager, and Union representatives, except as otherwise required by
law. Personnel files shall contain only information directly relevant to the employee's employment with the
City. Employees may examine the file and shall have the right to rebut, in writing, any items in the file.
14.2 If a meeting with an employee is called for that may result in disciplinary action, the employee may
request a Union Representative to be present.
14.3 Administration of employee records, discipline and discharge for Managers and Superintendents
will continue to be in accordance with Employer's Personnel Policy& Procedures Manual as they pertain
to employee discipline and discharge. An employee may request any disciplinary action to be removed
from his/her personnel file. Requests must be in writing to the Department Director.
ARTICLE 15
PROBATION
Administration of probationary periods of employment for Managers and Superintendents will continue to
be in accordance with Employer's Personnel Policy & Procedures Manual as they pertain to probation
periods. During probation, supervisors in the bargaining unit shall not have access to the grievance
procedure regarding discipline and discharge. Probationary periods for all members of this group will last
twelve (12) months.
ARTICLE 16
LAYOFF, RECALL & PROMOTION
Administration of layoff, recall from layoff and promotion for Managers and Superintendents will continue
to be in accordance with Employer's Personnel Policy& Procedures Manual as they pertain to layoff,
recall and employee promotions.
The City will notify the Union and proceed in accordance with the City's Personnel Policy& Procedures
Manual in advance of implementation of any reorganization within the Public Works Department which
would result in the termination, lay-off or reassignment of bargaining unit employees. Once the Union and
At-Risk employees are notified, the parties will meet and confer for the purpose of discussion regarding
the effects upon employees.
ARTICLE 17
SENIORITY
The term "seniority" shall be inoperative for Managers and Superintendents in accordance with
Employer's Personnel Policy& Procedures Manual as they pertain to the employee's length of service.
ARTICLE 18
COMPENSATION
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18.1 Wages
Effective 1/1/15 the cost of living adjustments (COLA)for 2015 is 2%.
18.2 Classification/Pay Grade is as follows per the 2015 IUOE Grade/Step Table:
Power Resources Manager—R02
Street/Stormwater Superintendent—R03
Fleet Maintenance Manager—R03
Solid Waste Superintendent—R03
Water Superintendent—R04
Waste Water Superintendent—R04
Engineering Manager—R05
Light Operations Manager—R06
Electrical Engineering Manager—R06
18.3 Higher Class Pay- Upon approval from the Department Director and City Manager, when an
employee is assigned to work in a higher classification, such as the Deputy Director position, for more
than five(5) days, the employee will receive 5% premium pay.
18.5 A Salary Survey will be performed by the City during the first year of the Collective Bargaining
Agreement; the surveyed City's will be discussed between the City and the Union.
ARTICLE 19
EQUIPMENT, UNIFORMS, & CDL's
19.1 The Employer will supply all safety equipment, rain gear and gloves if appropriate.
19.2 Uniforms: Uniforms will be provided as per the Public Works Department Policy on Employee
Uniforms.
19.3 Commercial Driver's Licenses (CDL): Operations Managers and Superintendents are not required
to obtain and maintain CDL. If an Operations Manager and Superintendent elects to obtain a CDL, as
directed from the Deputy Director, the CDL Fees shall be borne by the City. The City will reimburse out-
of-pocket expenses associated with obtaining a CDL, up to the rate contracted by the City with a vendor
for a required health exam. The choice of vendor and rates will remain the decision of the City. If the
employee wishes to use a medical service other than the contracted vendor, the City will reimburse only
up to the amount contracted with the City-selected vendor; the employee will be responsible for charges
in excess of the contracted amount.
19.4 Safety Shoe Allowance
Per Labor and Industries, the City has implemented safety procedures under the Public Works and
Utilities Department Foot Protection Policy for safety shoes. The City will pay up to$150 on any boot
purchased per year. The employee will pay any dollar value over this amount. A certificate will be
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ARTICLE 20
SAFETY
20.1 The City agrees to provide a clean and sanitary work environment.
20.2 The City and employees will comply with all state and federal laws to insure worker safety.
20.3 The City shall pay for Hepatitis A, B, DPT, and tetanus inoculation for all employees potentially
exposed to those diseases.
ARTICLE 21
CIVIL LIABILITY
The City shall comply with all laws respecting the civil liability of employees in the performance of their
duties.
ARTICLE 22
SAVINGS CLAUSE
22.1 If any Article, or part thereof, of this Agreement or any addenda thereto should be held invalid by
operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any
Article should be restrained by such tribunal, the remainder of this Agreement and addenda shall not be
affected thereby, and the parties shall enter into immediate collective bargaining negotiations to arrive at
a mutually satisfactory replacement of such Article or addenda.
22.2 It is agreed between the parties that nothing in this Agreement intends to abrogate existing
monetary benefits as set forth in the City's Personnel Policy& Procedures Manual and not specifically
referred to in this Agreement.
ARTICLE 23
NO STRIKE, NO LOCKOUT
23.1 The City and the Union recognize that the public interest requires the efficient and uninterrupted
performance of all city services and to this end pledge their best efforts to avoid or eliminate any conduct
contrary to this objective. Neither the Union nor the City shall cause, engage in, or sanction any work
stoppage, slow down, action in sympathy, or other interference with City functions.
23.2 The City shall not engage in any lockout of its employees during the term of this Agreement.
23.3 An employee's failure to cross a primary picket line established by some other Union where the
employee may be subject to bodily harm will not be cause for discipline for such failure.
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ARTICLE 24
ENTIRE AGREEMENT
The Agreement expressed and referred to herein in writing constitutes the entire Agreement between the
parties and no express or implied or oral statements shall add to or supersede any of its provisions.
ARTICLE 25
TERM OF THE AGREEMENT
This Agreement shall become effective upon the date signed and dated by authorized representative of
both parties and shall remain in full force and effect from January 1, 2015 to December 31, 2015.Either
party shall file written notice with the other of its desire to amend, modify or terminate this Agreement, not
later than sixty(60) days, or more than 90 days before expiration of the current agreement. In such case,
the parties shall promptly meet for the purpose of negotiating a successor Agreement.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THIS v-A OF
r--A.,k4zG 2015.
FOR THE CITY OF PORT ANGELES FOR LOCAL#302, INTERNALTIONAL UNION
OF OP ACING ENGINEERS
Dan DiGuilio, Mayor a n Konopaski, Business Manager
Dan McKeen, City Manager
Abbi Fountain, Human Resources Manager
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