HomeMy WebLinkAbout5.261C Original Contract
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5. ~ LD I
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AGREEMENT BETWEEN THE
CITY OF PORT ANGELES
AND
TEAMSTERS UNION LOCAL #589
COMMUNICATIONS & SUPPORT UNIT
January 1, 2006 thru December 31, 2008
TEAMSTERS LOCAL #589
NON-SWORN UNIT
COLLECTIVE BARGAINING AGREEMENT
TABLE OF CONTENTS
ARTICLE I - General Provisions
Paqe No.
Section A - Pu rpose............................................................................... 1
Section B - Full Understanding, Modification, and Waiver ..................... 1
Section C - Recognition.... ............... ........... ............................ ......... ... 1-2
Section D - Savings Clause.................................................................... 2
Section E - Non-Discrimination............................................................... 2
ARTICLE II - Riqhts of Parties
Section A - Management's Rights.......................................................... 3
Section B - Union Security................................................................... 3-4
Section C - Payroll Deductions .............................................................. 4
Section D - Personnel Policy and Procedures .......................................4
Section E - Record Keeping .................................................................. 4
Section F - Personnel Records .............................................................. 5
Section G - Labor-Management Committee .......................................... 5
Section H - Police Department Employee Bill of Rights ..................... 5-6
Section I - Layoff Procedures ............................................................. 6-7
ARTICLE III - Workinq Conditions
Section A - Hours of Work .....................................................................8
Section B - Response Ti me ................................................................... 9
Section C - Relatives Working in the Police Department........................ 9
Section D - Work Stoppage ................................................................... 9
Section E - Drug Testing Policy ........................................................ 9-12
ARTICLE IV - Compensation
Section A - Wages .............................................................................. 13
Section B - Overtime Compensation .............................................. 13-14
Section C - Call-Back Compensation .................................................. 14
Section D - Compensatory Time Accrual......... ..................... ....14-15
Section E - Tuition Reimbursement ..................................................... 15
Section F - Un iforms ............................................................................. 15
Section G - Higher Class Pay.............................................................. 16
Section H - Communications Officer Training Pay.............................. 16
Section I - Stand-By Pay ..................................................................... 16
ARTICLE V - Paid Leave Time
Paqe No.
Section A - Vacation ....................................................................... 17-18
Section B - Sick Leave ................................................................... 18-19
Section C - Holidays ....................................................................... 19-20
Section D - Family Leave ............................................................... 20-22
ARTICLE VI - Health Benefits
Section A - Medical, Dental, Vision Coverage ................................23-24
Section B - Long Term Disability Insurance.................................. 24
Section C - Life Insurance ................................................................... 24
Section D - Employee Assistance Program ......................................... 24
Section E - Retiree Medical Benefit Premiums......................... ..24-25
ARTICLE VII - Grievance Procedure .............................................. 26-28
TEAMSTERS LOCAL #589
COMMUNICATIONS AND SUPPORT UNIT
COLLECTIVE BARGAINING AGREEMENT
ARTICLE I - GENERAL PROVISIONS
Section A - Purpose
This Agreement, entered into by the City of Port Angeles, hereinafter referred to as the
City, and the Teamsters Union, Local #589, hereinafter referred to as the Union, has as
its purpose the setting forth of the full and entire understanding of the parties regarding
the matters set forth herein, reached as the result of negotiations regarding wages,
hours, and other terms and conditions of employment of employees covered by this
Agreement.
Section B - Full UnderstandinQ, Modifications, and Waiver
1. This Agreement sets forth the full and complete agreement of the parties
regarding the matters set forth herein, and any other prior or existing agreement
by the parties, whether formal or informal, regarding any such matters are
hereby superseded or terminated in their entirety.
2. Except as specifically provided herein, it is agreed and understood that each
party hereto voluntarily and unqualifiedly waives its right and agrees that the
other shall not be required to negotiate with respect to any subject or matter
covered herein, or with respect to any other matters within the scope of
negotiations, during the term of this Agreement.
3. No agreement, alteration, understanding, variation, waiver, or modification of any
of the terms or provisions of this Agreement shall be binding upon the parties
unless made and executed in writing by the parties hereto.
4. The waiver of any breach, term, or condition of this Agreement by either party
shall not constitute a precedent in future enforcement of terms and provisions of
this Agreement.
5. The City may not enter into a separate agreement with an employee which is
inconsistent with this Agreement.
Section C - RecoQnition:
The City recognizes the union as the exclusive bargaining representative for purposes
of establishing wages, hours, and conditions of employment. The terms and conditions
set forth herein shall apply to regular full-time and regular part-time employees in the
following classifications:
*
Animal Control Officer
Communications Officer
*
Parking Enforcement Officer
Communications Supervisor
*
*
*
Police Records Supervisor
Warrant Entry Clerk
*
Police Records Specialist
Support Services Technician
*
*
Regular full-time is defined as a position authorized and budgeted to work 2,080 hours
per year and are eligible for benefits.
Regular part-time is defined as a position authorized and budgeted to work less than
full-time.
Excluded from this Agreement, and ineligible for any benefits, are temporary, seasonal,
or other part-time employees of the Police Department. Work performed by employees
excluded from the bargaining unit shall not be deemed to constitute bargaining unit
work.
The Union agrees to provide, in writing, the name of the shop steward and such notice
and any changes thereto shall be provided to the Human Resources Manager.
Section D - SavinQs Clause
The City and the Union agree that should any portion of this Agreement be contrary to
present or future State or Federal laws, both parties agree to mutually resolve the
conflicts. Neither the City nor the Union shall be penalized or hold the other party
responsible for conflicts which might arise. Any new provisions shall have no effect on
the remaining provisions of this Agreement.
Section E - Non-Discrimination
The City and the Union agree that they will not discriminate against any employee by
reason of race, creed, age, color, sex, national origin, religion, handicapped status, or
marital status.
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ARTICLE" - RIGHTS OF PARTIES
Section A - ManaQement's RiQhts
The City and its management representatives shall retain all customary rights, powers,
functions, and authority normally reserved by management consistent with State law,
local ordinances, and Department rules and regulations. This management rights
section does not give Management the right to change or modify the existing negotiated
contractual language of the Agreement. The Management rights shall include but not
be limited to the following:
1 . The City retains its rights to manage and operate the Department except as may
be limited by an express provision of this Agreement.
2. Set standards of service, establish Department policy/ procedures, work
rules/regulations, safety procedures, and personnel policies and procedures.
3. Select, increase, diminish or change equipment, vehicles, machinery, etc.,
including the introduction of any and all new, improved or automated methods or
equipment.
4. Assign work and establish work schedules.
5. Engage in all types of personnel transactions and disciplinary proceedings in
accordance with established ordinances and rules, and Department Policy and
Procedures Manual.
6. Effect a reduction in authorized positions because of a lack of work, fiscal
limitations, organizational changes, or other legitimate reason.
7. Determine the number and classifications of personnel.
8. Take any action necessary to carry out its mission in an emergency.
Section B - Union Security
1. It shall be a condition of employment that all employees covered by this
Agreement who are members of the Union in good standing on the execution
date of this Agreement shall remain members in good standing. It shall also be
a condition of employment that all employees covered by this Agreement and
hired on or after its execution date shall by the thirtieth (30th) day following initial
hire, become and remain members in good standing in the Union, or in lieu
thereof, pay each month a service charge equivalent to initiation fees and Union
dues, paid to the Union, toward the administration of this Agreement.
If objections to joining the Union are based on bona fide religious tenets and the
employee objects to joining the Union because of such beliefs, the employee
shall pay an amount of money equivalent to initiation fees and Union dues to a
non-religious charity or to another charitable organization mutually agreed upon
by the employee and the Union. The employee shall furnish written proof to the
Union that such payment has been made.
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If the employee and the Union do not reach agreement on the organization, the
Public Employment Relations Commission shall designate the charitable
organization.
2. The Union agrees that membership in the Union will not be denied or terminated
for any reason other than the failure of the employee covered by this Agreement
to tender the initiation fee, Union dues, or service charge. The parties agree that
if an employee fails to fulfill the obligation in (1) above, the Union shall provide
the employee and the City with thirty (30) days' notification of the employee's
failure to comply with this Section and during this period, the employee shall
make restitution in the amount which is due or the City shall terminate
employment.
3. The City shall notify the Union of new employees within thirty (30) days of
employment.
4. Indemnification Clause: The Union agrees to indemnify and hold the City
harmless from any liabilities of any nature which may arise as a result of the
application of this Article.
Section C - Pavroll Deductions
1. Upon written authorization of an employee, the City shall deduct monthly dues
from the salary of each employee and shall transmit such amount to the Union,
and will withhold, any other specified portion of an employee's salary for U.S.
Savings Bonds, United Way contributions, optional insurance coverage provided
by the City, and D.R.I.V.E. contributions.
2. The Union shall hold the City harmless against any claims brought against the
City arising out of the City making a good faith effort to comply with this Section.
3. The employee shall be allowed to withdraw from automatic payroll deduction of
Union dues with thirty (30) days' notice in writing to the Human Resources Office.
4. Payroll deductions for other authorized withholdings, noted above, except Union
dues, shall be subject to data processing limitations.
Section D - Personnel Policv and Procedures
Except where this Agreement is different, wages, hours, holidays, sick leave, vacation
and related working conditions shall be in accordance with the current City Personnel
Policies and Procedures and Salary Ordinance. Personnel benefits in the Personnel
Resolution shall not be changed during the life of this Agreement, except changes in
related working conditions which shall be negotiated with the Union.
Section E - Record Keeping
A time system shall be used in keeping a Departmental record of overtime and time off
and the data in the record system is to be available to the employees.
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Section F - Personnel Records
The City and the Union recognize that the employee's official personnel file relative to
any personnel actions (Le., promotion, disciplinary actions, performance evaluations,
pay status, etc.) shall be kept and maintained in the Human Resources Office.
Departments may keep and maintain employee personnel files but such information in
the Department files shall not be used relative to taking personnel actions, unless such
information is also contained or referenced in the official personnel file.
Any employee may review his/her personnel file in the Human Resources Office or
within the Department upon request, with reasonable notice, and may have a copy of
any information contained in the file.
Whenever a Department Head places information concerning the employee in the
official personnel file, a copy will be provided to the employee. If such information is the
result of disciplinary action or an unsatisfactory performance evaluation, the employee
may submit a rebuttal which shall be made part of the employee's personnel file. Such
a response by the employee shall be within thirty (30) working days of receipt of the
disciplinary action or performance evaluation and be of reasonable length.
Section G - Labor-Manaaement Committee
In the interest of developing mutual trust and open communication between the parties
and improve employee/employer relations, the parties agree to establish a labor-
management committee to meet at times as mutually agreed upon.
The members of this Committee for the City shall be the City Manager, the Human
Resources Manager, the Police Chief, and others as needed.
The members of this Committee for the Union shall be the respective business agent
for the Local and two employees from the bargaining unit, and others that may need to
attend who are affected by an issue under discussion. Attendance by other employees
is permitted as long as staffing needs are adequately met and with approval of the
Department Head.
Section H - Police Department Emplovee Bill of Riahts
Employees covered by this Agreement shall be entitled to the protection of the Port
Angeles Police Department Employee Bill of Rights for disciplinary actions.
1. Prior to an employee being questioned relative to a possible disciplinary matter,
the employee will be apprised of the issue and the nature of the complaint or
issue under investigation. The employee shall be provided with written notice in
advance of any disciplinary actions (excluding verbal or written reprimands). The
written notice shall include specific charges, citing the alleged violation of a
rule/regulation, etc., and an opportunity to respond to the charges.
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2. Any questioning of an employee shall be at a reasonable hour, preferably when
the employee is on duty, unless the circumstances of the investigation dictate
otherwise. When practicable, such questioning shall be scheduled during the
day time.
3. The investigation and questioning of the employee (which shall not violate the
employee's constitutional rights) shall take place at the Port Angeles Police
Department, except when impractical. The employee shall be afforded an
opportunity and facilities to contact and consult privately with an attorney(s) or
representative(s) of his/her own choosing before being questioned, who may be
present during questioning.
4. The questioning shall not be overly long and the employee shall be entitled to
such reasonable intermissions as he/she shall request for personal necessities,
meals, telephone calls, and rest periods.
5. The employee shall not be subjected to offensive language nor be threatened as
a guise to attempt to obtain his/her resignation. No promises or rewards shall be
made as an inducement to answer questions.
6. No employee covered by this Agreement shall be required to take or be
subjected to a lie detector or similar test as a condition of continued employment.
7. This Police Department Bill of Rights applies to disciplinary actions and related
investigations and excludes cases of criminal investigations.
Section I - Lavoff Procedures
The City may layoff employees where there are changes in service levels,
reorganization, a position is abolished, lack of funding, or other reason requiring a
reduction in the work force as determined by the City. An employee laid off shall
receive a minimum of two calendar weeks' written notice prior to the effective date of
the lay-off.
Order of Lav-Off: The order of lay-off shall be by classification by Department.
Temporary employees followed by probationary employees will be laid off prior to
regular full-time employees.
Employees who have held status in the Police Records classifications and
Communications Officer class and are laid-off shall be on the reinstatement list for both
classes. When any employee is hired off a reinstatement list, he/she must meet the
qualifications for the position.
An employee's accrued vacation and comp time shall be paid off upon being laid off.
Sick leave accrual shall be held in abeyance and if the employee is reinstated, he/she
shall retain the sick leave accrual on the books when laid off. Also, the employee's
service credit shall remain, less the time spent on the lay-off list.
"BumpinQ RiQhts" shall apply for employees holding regular status in the affected
classification. The least senior employee shall be laid off first. The reinstatement list
shall be used prior to the Civil Service eligible list for filling vacant positions.
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If an employee refuses a job offer, his/her name shall be removed from the
reinstatement list. The employee's name on the reinstatement list shall be valid for a
period of twenty-four (24) months. An employee re-hired from the reinstatement list
shall be placed at the salary range and step held by the employee prior to being laid off,
using the salary schedule in effect at the time of re-hire. If re-hired into a different
classification than when laid off, the salary shall be determined by the Department
Head within the established salary range for the class.
It shall be the responsibility of the laid off employee to keep his/her address current with
the City. If a position becomes available, the City will send notice to the employee at
the last address of record, and if the employee fails to respond to such notice within ten
(10) calendar days, the employee's name will be removed from the reinstatement list for
future consideration, unless a valid reason exists for such failure to respond, as
determined by the City.
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ARTICLE III - WORKING CONDITIONS
Section A - Hours of Work
1. Work Week: The work week shall be established for all bargaining unit
employees as Monday through Sunday.
The work schedule shall be 40 hours, consisting of five consecutive days on duty
and two consecutive days off duty, except during scheduled shift rotation when a
14-day consecutive day transition period shall be established. The transition
period will permit schedules to be modified to accommodate the shift change. All
full-time employees will maintain a 40-hour work week during the transition
period. Additionally, during the transition period any employee who works 4 or 5
consecutive days with only 1 day off shall receive overtime on the next working
day.
Not withstanding the other sections of this article, the City may, following
consultation with the Union, implement a four (4) day, forty (40) hour work week,
overtime shall be paid for any hours worked in excess of ten (10) hours per day
or forty (40) hours per week. Employees working this schedule shall have three
(3) consecutive days off.
2. Assignment of employees to shifts and the setting of starting times for all shifts
shall remain within the rights of the City.
3. Employees shall be assigned to either an eight (8) hour or nine (9) hour work
shift. The Communications Officers (excluding the Communications Supervisor)
shall be assigned to an eight (8) hour shift. The eight (8) hour shift shall be eight
(8) hours on duty, to include a half-hour on-call lunch break. The Supervisor
shall determine the time during the employee's shift when the meal period is
granted.
4. Seven days' advance notice will be provided prior to an employee being
assigned a change in his/her regularly scheduled shift, except in cases of an
emergency. Those hours worked outside of the regularly scheduled shift,
without 7 days advance notice, shall be paid as overtime. Those hours worked
during the regular scheduled shift shall be paid at straight time.
5. The City shall allow two (2) 15-minute rest periods, one in the first half and one in
the second half of the work shift. Such rest periods may not be permitted if
Departmental operations would be affected.
Rest periods, if not taken as approved by the supervisor shall not be accrued
and taken beyond the current shift.
6. The City and the employees, through the Labor/Management Committee, shall
continue investigating the implementation of alternative work schedules, subject
to available funding.
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Section B - Response Time
An employee subject to call-back shall reside within an area from where he/she can
drive to the Police Department Building within thirty (30) minutes after being called.
Computation of time shall be made, considering the drive to be made within the normal
speed limits.
Section C - Relatives WorkinQ in the Police Department
If employees in the Police Department become related through marriage, or
cohabitation, which may result in a problematic, questionable, or preferential
supervisor/subordinate relationship in the judgment of the Police Chief, the City will
make a reasonable effort to change shifts of the individuals affected. However, the City
reserves the exclusive right to terminate, transfer, or re-assign one of the individuals
involved, if necessary, to resolve operational or personnel problems in managing the
Department. Prior to terminating an employee because of this policy, the City shall
make reasonable effort to transfer the individual to another position. The Union
reserves the right to be consulted prior to any decision on this matter.
Section D - Work StoppaQes. Strikes. or Other Concerted Work Actions
The City and the Union agree that the public interest requires efficient and
uninterrupted municipal services, and to this end, pledge their support to avoid or
eliminate any conduct contrary to this objective. During the term of this Agreement, the
Union and the employees covered by this Agreement shall not engage in any work
stoppage, strike, work slow-down, sick-out, or any other concerted activity which may, in
any manner, interfere with public safety, municipal services, or be construed as contrary
to the objective above.
It is further understood that employees who engage in any such actions as noted above
shall be subject to any disciplinary action as may be determined by the City.
Employees shall be held responsible for any financial losses suffered by the City as a
result of such work actions.
Section E - DruQ TestinQ Policv
1. Policv:
Reporting to work under the influence of alcohol and/or illegal drugs, or the use,
sale, or possession by an employee of illegal drugs is strictly prohibited and may
result in disciplinary action, including immediate termination. For the purpose of
this policy, substances that require a prescription or other written approval from a
licensed physician or dentist for their use shall also be included when used other
than as prescribed.
Each employee must advise the employer if they are using prescription or over
the counter drugs they know or reasonably should know may impair their ability
to perform job functions and/or operate machinery such as automobiles.
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Under appropriate circumstances, the employer may request the employee
provide written medical authorization to perform various job functions from a
physician while using such drugs.
Any voluntary request by an employee for assistance with his/her own alcohol
abuse problem will remain confidential and shall not be used as the basis for any
disciplinary action provided that the request for assistance is initiated prior to
being identified as impaired through the procedures herein.
The parties recognize the essential purpose of any law enforcement agency is to
enforce the criminal laws. Moreover, the parties recognize the courts have held
it would substantially impair law enforcement agencies if they were required to
employ individuals within their ranks who have violated the very laws said
agencies are charged with enforcing. Therefore, the employer reserves the right
to refuse to employ or continue the employment of individuals who are or have
been engaged in criminal conduct, whether drug-related or not.
When a supervisory employee has a reasonable suspicion to believe an
employee is under the influence of alcohol or illegal drugs, or is using illegal
drugs, the employee in question will be asked to submit to discovery testing
including breath tests, urinalysis and/or a blood screen for the presence of
alcohol or illegal drugs.
An employee who refuses to submit to discovery testing for alcohol and/or illegal
drugs shall be conclusively presumed to be under the influence of alcohol or an
illegal drug for the purpose of administering this Section.
If the results of the drug test are positive, and establish that the employee used
an illegal drug, or reported to work while under the influence of alcohol, the
employee may be subject to discipline including immediate discharge.
2. Definitions:
For the purpose of administering this Section, the following definition of terms is
provided:
Reasonable Suspicion - Reasonable suspicion is based on specific objective
facts and reasonable inferences from those facts in the light of experience, that
discovery testing will produce evidence of illegal drugs or improper alcohol use
by that particular employee.
Under the Influence - The following cut-off levels shall be used for the initial
screening of specimens to determine whether they are negative for these drugs
or classes of drugs:
(nq/ml)
Amphetamines
Barbiturates
Benzodiazepines
Test Level
1000
300
300
10
Cannabinoids
Cocaine Metabolites
Methadone
Methaqualone
Opiates (Codeine)
Opiates (Morphine)
Phencyclidine (PCP)
Propoxyphene
100
300
300
'300
300
300
25
300
Level of the positive results for ethyl alcohol 0.05 grId!.
Illegal Drugs - are defined as all forms of narcotics, depressants, stimulants,
hallucinogens, and cannabis, which sale, purchase, transfer, or unauthorized use
or possession is prohibited by law.
Over-the-Counter Drugs - are those which are generally available without a
prescription and are limited to those drugs which are capable of impairing the
judgment of an employee to safely perform the employee's duties.
Prescription Drugs - are defined as those drugs which are used in the course of
medical treatment and have been prescribed and authorized for use by a
licensed practitioner/ physician or dentist.
3. Procedures:
If an employee is required to submit to a drug test, the following procedure shall
be followed:
The employee shall be given an opportunity to confer with a union representative
if one is readily available and the employee has requested a representative.
The employee shall be given an opportunity to explain to the Medical Review
Officer (MRO) the reasons for the employee's conditions, such as reaction to a
prescribed drug, fatigue, exposure to toxic substances, or any other reasons
known to the employee. The employee, employer, and a union representative
may be present during this discussion.
The employer may request urine and/or blood samples.
Urine and blood samples shall be collected at a local laboratory, hospital, or
medical facility. The employer shall transport the employee to the collection site.
The employer and/or union representative may be allowed to accompany the
employee to the collection site and observe the bottling and sealing of the
specimen.
All specimen containers and vials and bags used to transport the specimen shall
be sealed to safeguard their integrity, in the presence of the employer,
employee, and the union representative to the extent they have elected to be
present, and proper chain-of-custody procedures shall be followed.
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The collection and testing of the samples shall be performed only by a laboratory
and by a physician or health care professional qualified and authorized to
administer and determine the meaning of any test results. The laboratory
performing the test shall be one that is certified by the National Institute of Drug
Abuse (NIDA).
If a specimen tests positive in an immunoassay screen test, the results must be
confirmed by a gas chromatography/mass spectrometry test. The specimen
must show positive results at/within the following limits on the GC/MS (gas
chromatography/mass spectrometry) confirmatory test to be considered positive:
If immunoassay is specific for free morphine, the initial test level is 25 ng/ml.
Confirmatory Test:
Marijuana metabolites
Cocaine metabolites
Opiates: Morphine
Codeine
Phencyclidine
Amphetamines: Amphetamine
Methamphetamine
15 ng/ml
150 ng/ml
300 ng/ml
300 ng/ml
25 ng/ml
500 ng/ml
500 ng/ml
At the employee's or the union's option, a sample of the specimen may be
requisitioned and sent to a laboratory chosen by the union for testing. The cost
of this test will be paid by the union or the employee. Failure to exercise this
option may not be considered as evidence in an arbitration or other proceeding
concerning the drug test or its consequences. The results of this second test
shall be provided to the City.
The employee and the union shall be informed of the results of all tests and
provided with all documentation regarding the tests as soon as the test results
are available.
The parties agree to use the Medical Review Officer (MRO) in the Virginia Mason
DrugProof facility to review all confirmed positive test results and communicate those
results to the employer. The MRO shall have the responsibility to determine when an
individual has failed a drug test in accordance with the standard enumerated herein.
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ARTICLE IV - COMPENSATION
Section A - WaQes
1. Effective January 1, 2006, wages shall be increased by 2.7%. Retroactivity shall
apply to employees on the payroll at the time of Union ratification and City
Council action adopting the new labor contract. The salary schedule for 2006 is
an addendum to the labor contract.
The Police Records Clerks, Warrant Entry Clerk, and Parking Enforcement Officer shall
receive a wage increase of 7.27% for 2006. This reflects a 5% market adjustment and
the 2.7% COLA.
The cost of living increase effective January 1 of 2007 and 2008 shall be 90% of the
S-rspttle-Bremerton CPI-W index, using the August CPI, effective the following January
1 with a minimum of 2% and a maximum of 6 %.
The parties agree to conduct a wage survey for Communications Officer and
Communications Supervisor mid-year of 2007, with any adjustments resulting from the
survey effective January 2008.
The agencies that will be used in the communications survey will include the following:
Watcom Communications
Grays Harbor County
Cowlitz County
Jefferson County
Skagit County
Lewis County
Thurston County
Section B - Overtime Compensation
1. Overtime hours are those hours which the employee is compensated in excess
of forty (40) hours in the work week, or eight (8) hours in the work day, or 10
hours in a day if on a 10/4 schedule. Employees working during the change to
standard time shall receive compensation for the extra hour worked if the hours
actually worked exceed eight hours. Employees working during the change to
daylight savings time shall have one hour deducted from the work day if the
scheduled work day is less than eight hours
2. Overtime hours worked shall be paid at the rate of time and one-half the
employee's regular rate of pay for hours worked outside the regularly scheduled
work shift. This excludes part time employees, who shall receive overtime for
hours worked over 8 in a day or 40 hours in a work week.
3. Overtime pay shall not be compounded with any other form of premium
compensation, excluding higher class pay, paid to the employee.
4. Overtime work is a condition of employment when called upon to meet the
operational needs of the Department. Overtime shall be offered on the basis of
descending seniority and assigned on the basis of ascending seniority.
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Once the least senior employee has worked 12 overtime hours, per pay period, it
shall no longer be a requirement that this employee work any additional overtime
during that pay period and the reverse seniority requirement to work the overtime
shall pass to the next person in seniority. This requirement to work overtime may
be reinstated in the event of an emergency, but only in the event that there is a
general recall of staff.
5. Time or service on the employee's scheduled days off, with no change in the
work schedule, shall constitute overtime.
6. If an employee is required to report to a shift with less than twelve (12) hours
rest, the employee shall earn pay at the overtime rate until such a rest period is
granted. This subsection shall not apply whenever an employee is deprived of
the twelve (12) hours rest period as a result of a change of work hours at his/her
own request.
7. Personal requests for a change or trade of shift must be approved by the
Communications Manager. The City shall not be obligated to provide overtime
or additional compensation to the affected employees for overtime incurred
resulting from a requested ch'ange or trade of shift for personal reasons nor shall
the City be obligated to pay for time not worked in a normal work week as a
result of such change or trade of shift.
Section C - Call-Back Compensation
An employee on off-duty status who is called back to duty will be credited with a
minimum of two (2) hours of overtime and paid at the rate of time and one-half for
his/her regular rate of pay. If employees are required to work longer than two hours,
the employee will be paid overtime for the hours worked.
Court attendance shall be considered "call-back" for the purposes of application of this
Section, unless such times falls within the employee's normal work schedule.
Section 0 - Compensatory Time Accrual
1. An employee who is assigned to work overtime may, at the option of the
employee, receive either cash or compensatory time for such overtime hours,
subject to the conditions of this Section. An employee will be allowed to
accumulate and maintain up to sixty (60) hours in his/her comp time bank for
overtime hours worked. If an employee uses a portion of this comp time accrual,
he/she may re-accumulate back to sixty (60) hours. Overtime hours worked in
excess of this amount will be paid for in cash at the overtime rate of pay.
Employees assigned to work overtime may request compensatory time in lieu of
pay at the rate of time and one-half for the overtime hours worked, calculated to
the nearest 30 minutes.
2. An employee on compensatory time off shall be deemed to be on leave with pay
status.
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3. Any compensatory time credits which have been actually taken by an employee
shall be included in computing the hours of his/her work week.
4. An employee who notifies the Police Chief or his designee promptly and
substantiates to the satisfaction of the Police Chief that he/she was sick on a
scheduled day of compensatory time off, may request that a day of sick leave be
taken rather than the previously scheduled comp time.
5. Use of compensatory time shall be by mutual agreement between the employee
and the supervisor, with the understanding that the employee will not be allowed
to use comp time if a replacement employee would be on scheduled overtime.
6. The Department Head or employee's supervisor shall make reasonable efforts to
accommodate a request for compensatory time off when made at least seven
days, but not more than thirty days, in advance. The thirty day limitation shall not
apply if the compensatory time is to be used in conjunction with vacation time or
involves a minimum of five consecutive compensatory days off.
Section E - Tuition Reimbursement
1. To encourage and improve proficiency of the employees, the City encourages
the taking of job-related educational courses with the approval of the Department
Head.
2. The City will reimburse 75% of the tuition, fees, and book costs of courses that
have been successfully completed. If partial assistance is furnished by another
agency, the City shall provide 75% of the un-funded portion remaining. In any
case, the City's share will not exceed 75% of the total schooling costs. In
itemizing costs, an employee shall not include his/her time as a reimbursable
expense.
3. Nothing in this Section will interfere with the responsibility of the Department
Head to require attendance at training seminars or other job-oriented training
courses necessary to perform their duties. These shall be paid in full by the City.
Section F - Uniforms
1. The Police Records Specialists/Supervisor and Parking Enforcement Officer are
required to wear a uniform as determined by the City, provided by a
quartermaster system. The specific uniform is provided for in the Police
Department Policy and Procedures Manual.
2. For the Communications Officers and Communication Supervisors, the City
agrees to provide up to 6 approved-style shirts and emblem as determined by
the Police Chief.
3. The employee agrees to maintain and repair his/her uniform and have all items
available for inspection upon reasonable notice.
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4. All articles purchased by the City will be the property of the City and will be
returned prior to leaving City service (Le., retirement, termination, etc.).
Section G - Hiaher Class Pay
When an employee is assigned to work in a higher classification for two (2) or more
consecutive hours, the employee shall be paid higher class pay at the "A" step of the
higher class, unless the pay is less than 5%, in which case the employee shall go to "8"
step of the range for the duration of the assignment, calculated to the nearest 30
minutes. An employee may be assigned to a higher classification or Relief Supervisor
position in accordance with the Police Department's Policy and Procedures Manual.
Section H - Communications Officer Trainina Pay
When a Communications Officer is assigned to train a new Communications Officer,
the employee shall receive $12.00 training pay for each eight-hour shift involved in
familiarizing the new employee with the job.
Section I - Stand-By Pay
1. Stand-by hours are those hours in which the Police Department requires an
employee to remain "on-call" for possible work outside his/her normal work
schedule, when assigned by a supervisor. The employee on stand-by shall be
required to wear a paging device or carry a portable radio (as determined by the
City) to be reached when needed, and/or remain within the range of the
pager/radio or telephone.
2. Stand-by Compensation: An employee assigned to be on stand-by shall receive
$7 per 24-hour day or $50 for a full week (7 days of stand-by).
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ARTICLE V - PAID LEAVE TIME
Section A - Vacation
Vacation leave shall accrue to each employee covered by this Agreement, as follows:
Annual Hrs.
Accrual
Days Per
Year
Max. Accrual
Hours
1 - 5 continuous years
of City service
80
10
248
6 - 10 continuous years
of City service
120
15
328
11 - 15 continuous years
of City service
160
20
408
16 - 20 continuous years
of City service
200
25
488
21 and over continuous years
of City service
240
30
568
Vacation may not be taken until completion of six months' service. Thereafter, accrued
vacation may be taken upon proper authorization, per Department procedures.
Requests for vacation shall be made in advance, subject to Supervisory approval. The
maximum accrual of vacation is noted in the chart above, based upon years of City
service. Employees shall be paid for unused accrued vacation at their final base hourly
rate (i.e., straight time) upon leaving City service. Vacation shall not be paid for if a
probationary employee fails the probationary period.
Vacation and holiday time shall be recorded together for purposes of paid leave and
bidding of time off. Time taken first shall be considered holiday time until 96_hours are
used, and thereafter, the paid leave shall be considered vacation. This method is used
in the event an employee leaves City service to reconcile holiday and vacation time.
Requests for Vacation/Holidav Time:
The Police Department shall establish bidding procedures for vacation and holidays,
per Department policies or internal memorandum. City employees on the payroll as of
May 1, 1991, shall, by seniority, have first pass bid privilege for the 96_hours of holiday
time. Then the employees on the dovetailed seniority list formed by consolidation shall
commence vacation bidding.
For purposes of bidding vacation time off, total seniority shall apply, with City and
County employees' total years of service merged into one seniority list. The parties
further agree that the maximum number of vacation hours an employee under PERS I
may be paid off upon retirement (normal or disability) shall be 240 hours.
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Any vacation hours accrued but unused beyond the 240 hours shall be scheduled prior
to such retirement.
If an employee has prior approval for vacation and is called back to work once his/her
vacation has started, the employee will be compensated at the overtime rate of pay for
the time which interfered with scheduled vacation.
Section B - Sick Leave
1 . The use of sick leave benefits is considered a privilege and not a right, and may
only be used in the event of actual illness or disability to the employee or family
members as provided for in this Agreement.
2. Sick Leave Accrual. Sick leave shall accrue at the rate of 3.69 hours per pay
period for all employees covered by this Agreement, except LEOFF I covered
employees, who shall accrue at the rate of 1.85 hours per pay period. The
maximum accrual of sick leave credits shall be limited to 150 days (1,200 hours).
3. Notification Requirements. An employee requesting sick leave usage must
provide the proper notice as established in the Police Department Policy and
Procedures Manual. When sick leave extends to three or more consecutive
days, the employee may be required to provide proof of illness from a medical
doctor if the request is made before the employee returns to work. Misuse of
sick leave shall be considered cause for disciplinary action.
4. Use of Sick Leave. Sick leave may be used for the following:
a. Illness or injury to the employee, on or off the job, resulting in an
inability of the employee to perform his/her work.
b. 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. Such sick leave is limited to three days per incident,
unless specifically approved by the Police Chief. "Immediate family" for
sick leave and bereavement leave benefits shall include only persons
related by blood or marriage or legal adoption, which includes parent,
wife, husband, brother, sister, child, grandparents or grandchild, and any
relative living in the employee's household.
Employees on approved sick leave will continue to accrue sick leave.
c. Bereavement Leave: Sick leave may be used for purposes of
grieving the death of a family member. Bereavement leave shall be
limited to not more than three consecutive days per instance, unless
specifically approved by the Police Chief.
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d. Maternity Leave: Medical disabilities resulting from pregnancy,
miscarriage, childbirth, or recovery from childbirth, shall be eligible for
maternity leave of absence. Such leave of absence shall not exceed the
actual period of disability. Prior to utilizing any unpaid leave without pay,
the affected employee shall first use accumulated paid leave (comp time,
vacation, sick leave, and floating holidays).
e. Payment of Unused Sick Leave: The City shall pay 20% of
accumulated sick leave upon retirement (normal or disability) or death of
the employee after completion of ten (10) or more consecutive years of
service. Payment of such sick leave shall be calculated at the employee's
base rate of pay.
Section C - Holidavs
1. PenCom Emplovees:
a. Each employee shall, on January 1 st of each calendar year,
receive 96 hours of holiday time eleven holidays and one floating holiday).
Holiday time is credited to the vacation accrual for the purpose of record-
keeping. Employees hired during the year shall receive a pro-ration of the
96 hours of holiday time based upon the number of holidays remaining in
the calendar year.
b. Each employee shall, on the first pay period in December, receive
a "holiday payment" consisting of forty-eight (48) hours of straight time
pay at the employee's current rate of pay, representing the overtime
portion of the eleven contractual holidays, excluding the floating holiday.
c. Employees who terminate during the calendar year shall have their
holiday time and holiday pay reconciled, if necessary, from a vacation
payoff and/or final compensation. Holidays may not be cashed out if
unused.
d. Use of holiday time shall be by mutual agreement between the
employee and the supervisor.
e. If an employee has prior approval from the supervisor for holiday
time and is called back to work once his/her holiday time has started, the
employee will be compensated at the overtime rate of pay for the time
which interfered with scheduled holiday time.
2. Emplovees in Records, Warrant Entry Clerk. Animal Control. and Parkinq
Enforcement:
a. Employees who are assigned to Records, Animal Control, or
Parking Enforcement shall observe the following contractual holidays:
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New Year's Day
Martin Luther King Day
Lincoln's Birthday
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
One Floating Holiday
b. When a holiday falls on a Saturday, the preceding Friday shall be
observed as the holiday. When a holiday falls on a Sunday, the following
Monday shall be observed as the holiday.
c. If an employee works on a holiday named above, the employee will be
paid at the overtime rate of payor comp time for the hours worked on the
holiday.
Section 0 - Familv Leave
An eligible employee may take up to twelve (12) work weeks of family leave during any
consecutive twelve (12) month period for:
1. The birth of a child and to care for a newborn child; or
2. Placement with the employee of a child for adoption or foster care; or
3. Care for a spouse, child under the age of 18 years, or parent, but not including
parent-in-law, who has a serious health condition; or
4. To care for self, if the employee has a serious health condition that makes the
employee unable to perform the essential functions of the employee's job.
Family leave shall include unpaid leave, paid leave, compensatory time and paid legal
holidays, if any. Leave for childbirth, adoption or placement for foster care shall be
completed within twelve (12) months after the birth or placement for adoption, as
applicable.
Family leave shall be charged to accrued sick leave, accrued compensatory time, and
floating holidays. Unpaid leave as family leave shall be authorized only after the
exhaustion of all forms of available paid leaves above. Vacation may also be used for
family leave.
Eliqibility: To be eligible for family leave, an employee must have been employed by
the City for at least 12 consecutive months prior to the date family leave is to begin and
have been compensated for at least 1,250 hours during the same 12-month period.
Family leave is available to all regular full-time and regular part-time employees.
Maintenance of Benefits: During periods of family leave, the City will maintain employee
and dependent coverage under the health plan under which the employee was enrolled
at the time leave commenced and shall make premium payments at the same level as
were made prior to leave commencement.
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Should the employee fail to return to work at the conclusion of authorized family leave,
the City shall recover any premiums paid for maintaining health coverage under this
section, unless the reason is the continuation, onset, or recurrence or a serious health
condition, or other circumstances beyond the employee's control.
Spouses employed by the City are entitled to a combined total of 12 work weeks of
family leave for the birth or placement of a child for adoption or foster care, or to care
for a child or parent, but excluding a parent-in-law, who has a serious health condition.
Medical Certification Required: Each employee requesting family leave shall make
application on an approved City application form and provide a certification from the
attending physician. Submission of the medical certification should be made at the time
of application but shall be submitted no later than 15 calendar days after application is
made. Failure to provide the medical certification within the required 15 days after
application, when the leave was foreseeable, shall be cause to deny family leave until
such time as an acceptable medical certificate is provided to the City.
If the validity of the claim is disputed or unclear, the City may require the employee to
obtain a second opinion by a provider of the City's choice and at the City's expense. In
the event of a dispute between the two providers, the City may require an opinion of a
third provider jointly selected by the employer and the employee, the cost of which shall
be borne by the City. The opinion of the third party shall be binding.
Approval of Familv Leave: All requests for family leave require the approval of the
employee's Department Head and the Human Resources Manager. An employee
planning to take family leave shall complete the request for a leave of absence and
provide their Department Head and immediate supervisor with written notice thirty (30)
days in advance of the anticipated date of delivery or placement for adoption or foster
care, stating the dates the employee intends to take family leave, unless exempted as
follows:
1. The birth is premature;
2. The mother is incapacitated due to birth so that she is unable to care for the
child;
3. The employee takes custody of the newly adopted child or child placed for foster
care at an unanticipated time and is unable to give thirty (30) days advance
notice.
4. The Department Head, employee's supervisor, and employee agree to notice of
less than thirty (30) days.
Subject to #1 below, an employee who exercises any right provided under this section
shall be entitled, upon return from leave or during any reduced leave schedule:
1. To the same or equivalent position and salary as was held by the employee
when the leave commenced; or
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2. If the department's circumstances have so changed that the employee cannot be
reinstated to the same position, or a position of equivalent pay and benefits, the
employee shall be reinstated in any other position which is vacant and for which
the employee is qualified.
The entitlements above are subject to bona fide changes in compensation or work
duties, and do not apply if: .
1. The employee's' position is eliminated by a bona fide restructuring, or reduction-
in-force; or
2. An employee on family leave takes another job.
The City may elect to designate up to ten percent (10%) of its "highly compensated"
salaried personnel to be exempt from reinstatement from the FMLA, and the employer
shall notify the affected employee of this action and its consequences at the time the
employee makes a request for the leave of absence.
Family leave for birth, or adoption or placement for foster care, may only be used in full
work week units and may not be used on an hourly basis or on a single day usage
basis unless intermittent leave is requested by the employee and approved by both the
Department Head and Human Resources Manager. Only the actual number of hours
taken will be subtracted from the employee's annual family leave entitlement. Legal
holidays occurring during the week of family leave will not extend the total number of
weeks of family leave available.
Family leave for serious health conditions may be used either as full work week units or
on an intermittent or reduced leave schedule if medically necessary. Legal holidays
occurring during a week of family leave will of hours taken will be subtracted from the
employee's annual family leave entitlement.
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ARTICLE VI - HEALTH BENEFITS
Section A - Medical, Dental, Vision Coveraae
1 Effective January 1,2006 and each month thereafter during the period this Collective
Bargaining Agreement is in effect, the Employer agrees to pay to the Washington Teamsters
Welfare Trust, in care of Northwest Administrators, Inc., for each employee who received
compensation for 80 hours or more in the previous month the following:
a. Medical: Contribute the sum of $770.50 for continued benefits under Medical Plan
A. This premium includes the following "options":
Time Loss: contribute the sum of $5.50 for continued benefits under time loss plan D,
which provides benefits of $1 00 per week.
b. Dental: Contribute the sum of $89.20 per month for continued benefits under Dental
Plan B.
c. Vision: Contribute the sum of $11.35 per month for continued benefits under Vision
Plan EXT.
2. The parties agree to open the contract for medical and dental insurance in the fall of 2006 for
the purpose of determining if the members wish to change medical and/or dental insurance from
the Teamsters to the A WC medical plan B or the A WC PPO medical plan. In the event the
members select the option of the A WC PPO medical plan, the City agrees to reduce the
employee's contribution from 12% to 10% of the monthly premium. If agreement is not reached
to change plans, the employees shall remain in the Teamsters Trust and continue paying the
employee cost sharing method as outlined below.
Employees may also consider changing from the Teamsters Dental Plan to the A WC Dental Plan
F. The City will continue to fund dental coverage if employees remain with the Teamsters or
change to the A WC dental plan.
3. Maintenance of Benefits: The Trust may modify benefits or eligibility of any plan for the
purpose of cost containment, cost management, or changes in medical technology and
treatment. . If increases are necessary to maintain the current benefits or eligibility as may be
modified by the Trustees during the Life of the Agreement, the Employer shall pay, subject to
the Premium cost sharing formula in Article 3, Section 6, Sub-Sections a., b. and c., such
increases as determined by the Trustees
4. The Medical Premium cost sharing formula for will be determined as follows:
In December of each year of the labor agreement, the employer will calculate the monthly
premium, which would be necessary to fully fund coverage of the Teamster Communication
and Support Unit employees and dependents under A WC Plan B, for the following year. Once
determined, based upon the census of the covered unit, this amount will be fixed for the
remainder of the year following the December in which the census is determined, or until the
A WC Plan B has a premium rate change.
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Once the A WC Plan B Premium is determined the employer will, beginning with January
premium, , contribute toward medical coverage under Teamster Plan A, 88 % (88 %) of the
AWC Plan B premium.
5. All medical premiums necessary to maintain coverage under Teamster Medical Plan A
which are above 88 %of the A WC Plan B rate, will be borne by the employees thru payroll
deduction.
6. Payments: Payments are required under any of the foregoing provisions shall be made on
or before the tenth (10th) day of the month. Upon Union Request, copies of all transmittals,
pertaining to benefits under this Article, shall be posted on the bulletin board.
7. Trust Agreement: The Trust Agreement shall be known as Supplement "A" and, by this
reference, same is incorporated herein and deemed a part hereof as though fully set forth.
Section B - LonQ-Term Disabilitv Insurance:
The City agrees to provide long-term disability insurance coverage for regular employees that
work 30 hours or more per week. The coverage shall have a gO-day waiting period and
benefits are subject to the terms and conditions of the plan booklet, provided to each employee.
Due to the enrollment process, this benefit will become effective the month following ratification
by the membership and approval by the City.
Section C - Life Insurance
The City agrees to extend life insurance coverage to regular full time employees represented by
Local 589 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.
Section 0 - Employee Assistance ProQram:
The City agrees to provide an Employee Assistance Program for the term of the
Agreement.
Section E - Retiree Medical Benefits Premiums - RWT -Plus
Effective January 1, 2006, through 2007, the employer shall pay into the Retiree's Welfare Trust
the amount of $59.85 per month on behalf of each employee performing work of the bargaining
unit, in a represented classification, who is compensated for 80 hours or more in the previous
month, to provide the RWT-Plus Retiree Medical Plan.
In the application of the terms of this article of the Labor Agreement by and between Teamsters
Local Union No. 589 and the City of Port Angeles, it is understood that the contributions to the
Retirees Welfare Trust, (RWT-Plus) Plan, shall be as follows:
Effective Date
01-01-07
01-01-08
Contribution Rate (monthly)
$59.85
$64.85
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It shall be the responsibility of the employees to cover, through a payroll diversion, all
contributions associated with providing and maintaining this Retiree's Welfare Trust, RWT-Plus
Plan, for the life of the agreement.
25
ARTICLE VII - GRIEVANCE PROCEDURE
Section A - Obiectives
To informally settle disagreements at the employee-supervisor level; to provide an
orderly procedure to handle the grievance through each level of supervision; to correct,
if possible, the cause of the grievance to prevent future complaints; to promote
harmonious relations among employees, their supervisors, and departmental
administrators; to assure fair and equitable treatment of employees; to resolve
grievances at the departmental level before appeal to higher levels.
Section B - Definitions
The following terms, as used in this Article, shall have the following meaning:
Grievance: A complaint by an employee or a Union representative concerning the
interpretation or application of this Agreement. A grievance may be filed when the
employee believes an injustice has been done because of unfair application of a policy
or an alleged violation of any term or condition of this Agreement.
Workinq Dav: Exclusive of Saturday, Sunday, and legal holidays.
Emplovee: Any employee of the classified service of the City of Port Angeles Police
Department.
Immediate supervisor: The person who assigns, reviews, or directs the work of an
employee.
Division Manaqer: The person to whom an immediate supervisor reports.
Representative: A person who appears on behalf of the employee.
Department Head: The Police Chief of the City of Port Angeles.
Section C - Exclusions
1. Work assignments, unless the complaint arises out of an allegation that the
employee was required to work in violation of applicable sections of this
Agreement.
2. Appeals involving demotions, dismissals, incremental denials, suspensions,
promotions, separations, and examining procedures. (These matters are within
the Civil Service Commission's authority.) Dismissals pursuant to Article III,
Section C, are subject to this grievance procedure if Civil Service Commission
denies hearing the employee's appeal.
3. Work performance evaluations.
4. Impasses in collective bargaining.
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5. Grievances filed after twenty (20) working days from date of occurrence, or after
twenty (20) working days from the date the employee had knowledge of an
occurrence.
Section 0 - Time Limits
Time limits are established to settle grievances quickly. Time limits may be extended
by agreement of the parties. If the grievant is not satisfied with the decision rendered, it
shall be the grievant's responsibility to initiate the action which submits the grievance to
the next level of review within the time limits specified. Failure of the employee to
submit the grievance within the time limits imposed shall terminate the grievance
process, and the matter shall be considered resolved. Failure of the City to respond
within the time limits specified will allow the grievant to submit the grievance to the next
higher step of the grievance procedure.
Section E - The Parties' Rights and Restrictions
1 . A party to the grievance shall have the right to record a formal grievance meeting
at the expense of the requesting party.
2. An employee may have a representative present at all steps of the grievance
procedure.
3. Reasonable time in processing a grievance will be allowed during regular
working hours for the shop steward, with advanced supervisory approval.
4. Nothing within this grievance procedure shall be construed as limiting the right of
management to manage the affairs of the City.
5. Grievances of an identical nature, involving an alleged violation of the same
Article, Section, etc., concerning the same subject matter, may be consolidated.
6. Confidential Communication. Any communication between a member of the
Union and any recognized Union representative regarding a potential or actual
employee grievance will be defined as confidential.
7. The Union, as a representative, may file a grievance alleging that the City has
violated specific rights afforded the employees covered by the Agreement. Such
grievance shall be filed directly at Step 2 (Department Head level), and shall be
bound by the time limitations and procedures set forth in the grievance
procedure.
Section F - Formal Grievance Procedure
Step 1
The formal grievance procedure shall be initiated by the employee, stating the nature of
the grievance, the alleged violation by section or number, and the desired solution, in
writing on the City grievance form, together with any supporting documents attached to
27
the grievance form. The grievance form may not be used as long as the pertinent
information is submitted by letter.
The grievance form and any supporting documents shall be delivered to the first level of
management no later than Twenty (20 ) working days from the date of the incident or
knowledge of the incident. The manager shall hold a meeting with the employee to
review the facts, gather all supporting documents, discuss the complaint and desired
solution, and discuss the proper appeal procedure. The Manager will issue a written
decision on the original grievance form within five (5) days of the close of the meeting.
Step 2
If the employee feels the Manager has not resolved the grievance, the employee may
appeal to the Department Head. At this time, all supporting documents and evidence
relative to the grievance shall be included with the appeal. The Department Head shall
hold a formal meeting with the employee and his/her representative, if requested, within
ten (10) days from the date of the appeal receipt, and attempt to settle the grievance.
A decision shall be made, in writing, on the original grievance form, to the employee by
the Department Head within ten (10) days from the close of the formal meeting.
Step 3
If the employee is not satisfied with the decision of the Department Head, he/she may
appeal the decision to the City Manager within five (5) working days from receipt of the
Department Head's decision. In his/her appeal to the City Manager, all supporting
documents must be attached to the grievance form, together with the grievant's reason
for appeal and stated remedy requested.
The City Manager or his designee will review the original grievance, all supporting
documents, the Department Head's response, and the remedy requested, and issue a
written decision within ten (10) days of receipt of the grievance.
Step 4 - BindinQ Arbitration
If the grievant is not satisfied with the decision of the City Manager, within five (5) days
after receipt of the decision, the grievant may submit the grievance to binding
arbitration. For purposes of arbitration, the parties agree to use the Federal Mediation
& Conciliation Service and request a list of seven names. The selection of the arbitrator
shall be by each side striking a name from the list, with the first party to strike a name
determined by a coin toss, until only one name remains. In the event the initial list is
not satisfactory to either party, a second list of names may be requested.
The cost of the arbitrator shall be divided equally between the City and the Union. Cost
for witnesses, court reporter, or other individual expenses shall be borne by the
requesting party.
The arbitrator shall not have the power to alter, amend, or change any contractual
language of the Labor Agreement.
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ARTICLE VIII - DURATION OF AGREEMENT
This Agreement shall be effective January 1, 2006, and shall continue in full force and effect to
and mcluding December 31, 2008. Should either party desire to modify or terminate this
Agreement, it shall serve written notice at least one hundred and twenty days (120) prior to the
expiration of this Contract.
IN WITNESS WHEREOF, we hereunto attach our signatures this J~ day of June 2006.
CITY OF PORT ANGELES
TEAMSTERS UNION LOCAL #589
rf crt' 6?Y'~ --
Bob Coons,
Huma Resources Manager
Ken Troup, Secreta - Treasurer
Teamsters Local #589
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