HomeMy WebLinkAbout5.261B Original Contract
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5. ~l.o f
AGREEMENT
BY AND BETWEEN
CITY OF PORT ANGELES
SWORN/OFFICERS UNIT
AND
TEAMSTERS LOCAL UNION NO. 589
OF THE INTERNATIONAL BROTHERHOOD OF
TEAMSTERS
January 1, 2004 thru December 31, 2006
TEAMSTERS LOCAL #589
SWORN OFFICERS UNIT
COLLECTNE BARGAINING AGREEMENT
TABLE OF CONTENTS
ARTICLE I - GENERAL PROVISIONS
Section A - Purpose
Section B - Agreement
Section C - Recognition
Section D - Savings Clause
Section E - Non-Discrimination
ARTICLE II - RIGHTS OF PARTIES
Section A - Management Rights
Section B - Union Security
Section C - Payroll Deductions
Section D - Personnel Policy and Procedures
Section E - Record Keeping
Section F - Personnel Records
Section G - Labor-Management Committee
Section H - Police Department Employee Bill of Rights
Section I - Citizen Volunteer Programs
Section J - Promotions
Section k - Union Communications
ARTICLE III - WORKING CONDITIONS
Section A - Hours of Work
Section B - Shift Rotation
Section C - Response Time
Section D - Relatives Working in the Police Department
Section E - Work Stoppage
Section F - Drug Testing Policy
ARTICLE N - COMPENSATION
Section A - Wages
Section B - Deferred Compensation
Section C - Longevity Pay
Section D - Overtime Compensation
Section E - Stand-by/Call-Back
Section F - Compensatory Time
Section G - Educational Incentive Pay
Section H - Tuition Reimbursement
SectiOn I - Higher Class Pay
Section J - Uniform Maintenance Allowance
Section K - Field Training Officer Pay
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ARTICLE V - PAID LEAVE TIME
Section A - Vacation
Section B - Sick Leave
Section C - Holidays
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ARTICLE VI - HEALTH BENEFITS
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ARTICLE VII - GRIEVANCE PROCEDURE
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ARTICLE VIII - DURATION OF AGREEMENT
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APPENDIX A - SALARY SCHEDULE
APPENDIX B - 2004 MOU COVERING MEDICAL INSURANCE
TEAMSTERS LOCAL #589
SWORN OFFICERS UNIT
COLLECTIVE BARGAINING AGREEMENT
ARTICLE I - GENERAL PROVISIONS
Section A - Purpose
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 This Contract,
entered into by the City of Port Angeles, hereinafter referred to as the City, and the employment of
employees covered by this Contract.
Section B - Ae:reement
1. The rules contained herein constitute the entire Agreement between the City of Port Angeles,
hereinafter referred to as the City, and the employees of the Port Angeles Police Department,
represented by the Teamsters Union Local #589, hereinafter referred to as the Union,
concerning wages, hours and conditions of employment.
2. The parties acknowledge that each has had the unlimited right and opportunity to make
demands and proposals with respect to any matter deemed a proper subject for collective
bargaining. The results of the exercise of that right are set forth in this Agreement.
Therefore, except as otherwise provided in this Agreement, the parties voluntarily and
unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any
subject or matter not specifically referred to or covered in this Agreement.
Section C - Recoe:nition
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 employees in the following classifications:
. Police Officer
. Police Corporal
. Police Sergeant
The Union agrees to provide, in writing, the name of the shop steward(s) and such notice and any
changes thereto shall be provided to the Human Resources Manager.
Section D - Savine:s Clause
The City and the Union agree that should any portion of this Agreement be contrary to present or
future State or F ederallaws, 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.
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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, or membership
or non-membership in the Union.
Wherever notations are used in the masculine gender, they are intended to apply equally to either
gender.
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ARTICLE II - RIGHTS OF, PARTIES
Section A - Mana!!ement's Ri!!hts
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 nghts 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 m
lieu thereof, pay each month a service charge equivalent to initiation fees and Union dues,
paid to the Union, toward the admmistration 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
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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. Ifthe employee and the Union
do not reach agreement on the charitable 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.
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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 - Payroll 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 Policy and Procedures
Except where this Contract 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.
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Section E - Record Keepin2:
The City shall maintain records of overtIme, time off and the data in the records system will be made
available to employees. The City will keep records of requests and disbursements regarding tuition
reimbursement.
Section F - Personnel Records
The City and the Union recognize that the employee's officIal personnel file relative to any personnel
actions (i.e., 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.
Officers may request removal of disciplinary action documents from their personnel file one year
from the date such documentation was placed into the officers personnel file. Upon receipt of such a
request, the matter will be placed before the Labor Management Committee, described in Article II,
Section G below, for review and recommendation to the Police Chief. The decision to remove will
at all times remain with the Police Chief.
Section G - Labor-Mana2:ement Committee
In the interest of developing mutual trust and open communication between the parties and
improving employee/employer relations, the parties agree to establish a labor-management
committee to met at times as mutually agreed upon.
The members of this Committee for the City may include 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 on-duty employees is permitted as long as staffing
needs are adequately met and with approval of the Department Head.
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Section H - Police Department Emplovee Bill of Rights
Employees covered by this Agreement shall be entitled to the protection of the Port Angeles Police
Department Employee Bill of Rights.
1. Prior to an employee being questioned relative to a possible disciplinary matter, the
employee will be apprized 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.
2. Any questioning of an employee shall be at a reasonable hour, preferably when the employee
is on duty, unless the circumstances ofthe 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 or representative of his 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 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 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 only applies to disciplinary actions and related
investigations, excluding cases of criminal investigations.
Section I - Citizen Volunteer Programs
Management reserves the right to establish citizen volunteer programs to perform non-critical public
service functions related to the department's Community Policing goals and objectives. Such
programs or functions shall not supplant current full-time department personnel. If the Department
determines that it may have need of adding permitted actions to the list below, it will contact the
Union and the Union agrees to meet and confer with the Department Head.
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Vacation house checks; annual City/Police auction; speed watch trailer program; distribution of
registered sex offender and criminal alert bulletms; crime prevention programs; assisting with non-
specialist tasks for the Records Division; assisting the Operations Division by acting in capacities not
requiring sworn officer status during special community events such as parades, athletic events, and
fairs, and WIth "citizen patrols" of areas and events such as the Waterfront Trail, City parks, and
downtown area for the purposes of documenting and reporting illegal activity to the Police
Department
Citizen volunteers may be a deterrent to criminals by the mere fact that they are identifiable by their
"uniforms" and the vehicle they drive as an official component of the Police Department, but they
shall be trained not to represent themselves as sworn officers and to not act in any capacity that
would supplant or require a sworn officer. Citizen volunteers shall not be paid for their duties.
Section J. Promotions:
1. The parties agree that when there is a promotional vacancy in the classifications represented by
the Union, that the City will post the recruitment notice for a minimum of 10 working days within
the Police Department.
2. Promotional openings for classes represented by the Union shall be filled only from within the
Port Angeles Police Department.
3. Classes currently represented by the labor contract are Police Officer, Corporal, and Sergeant.
4. Employees in probationary status shall be ineligible for promotional testing.
Section K. Union Communications:
1. A Union official who is an employee in the bargaining unit shall be granted time-off without loss
of pay for meetings with the employer concerning matters vital to the employees in the bargaining
unit; provided however, such activities shall not interfere with the normal functioning of the
Department and prior permission from the employee's supervisor shall be obtained.
2. Union investigative and visitation privileges:
The Business Representative of the Union may visit the work location of employees covered by this
agreement at any reasonable time; provided however, such visitations shall not interfere with the
normal functioning of the Department. The Business Representative agrees to notify management of
his presence m the work place.
3. Bulletin Boards: The Employer shall provide suitable space for a Union bulletin board on its
premises in an area which is frequented by all employees within the bargaining unit.
4. Union Business: Reasonable time off with pay shall be provided to affected employees to attend
official Union functions, such as Union membership meetings; provided however, such attendance
shall not interfere with the normal operations of the Department.
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ARTICLE III - WORKING CONDITIONS
Section A - Hours of Work
1. Work Week: The normal hours on duty for shift personnel shall be established by the City so
that the average hours worked in any week shall be composed of five consecutive eight (8)
hour shifts and two (2) consecutive shifts off duty, or four (4) consecutive ten (10) hour shifts
and three (3) consecutive shifts off duty. The City may require overlapping shifts if needed.
Starting time for all regular shifts shall be as follows:
Regular Patrol ShIfts are:
Days: 7:00 AM to 3:00 PM
Swing: 3 :00 PM to 11 :00 PM
Graveyard: 11 :00 PM to 7:00 AM
Regular Detective ShIfts are:
Days: 7:00 AM to 3:00 PM
8:00 AM to 4:00 PM
9:00 AM to 5:00 PM
10:00 AM to 6:00 PM
Regular Detective: Alternatives to the regular detective shifts and the selection of shifts in
the Detective Division shall be the responsibility of the Detective Sergeant, with
administrative approval.
Alternative shift rotations and work shifts may be discussed and implemented by mutual
agreement of the parties. Any such changes will be in writing as an addendum to this
Agreement.
The K-9 Officer's work day shall be an 8-hour shift, including 30 minutes of dog
maintenance.
a. Seven days advance notice will be provided to changes to an employee=s established
schedule, unless an emergent police situation requiring a reallocation of shift
personnel exists or a reassignment of personnel due to illness, injury, suspension or
resignation or termination of commissioned personnel with less than two weeks
notice is necessitated.
An employee who is required to report back to duty on a new schedule without seven
(7) days advance notice and prior to completing a scheduled two days off shall
receive overtime for that portion of the work week worked which falls during the
previously scheduled two days off.
b. Nonstandard shifts or extra shifts may be scheduled for the following reasons, when
needed, and will be scheduled 24 hours in advance, unless an emergency manpower
situation exists:
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To provide staff for a special services section that may include, but is not limited
to,Bicycle Patrol Crime Prevention duties, ProAct duties, DUI emphasis patrols,
focused crime prevention patrols, criminal investigations, or community policing
functions as adopted by the department.
2. Work Day: The normal work day, for Patrol and Detectives shall consist of eight (8)
consecutive working hours in a 24-hour period (separated at the approximate mid-point by a
meal period, if appropriate, as defined herein). The starting and ending times of the work day
shall be determined by the City.
3. Rest Periods: The City shall provide two I5-minute rest periods; one in the first half and one
in the second half ofthe work shift. Such rest periods may not be permitted if Departmental
operations would be affected.
Rest periods, if not taken as scheduled by the supervisor, shall not be accrued and taken
beyond the current shift.
4. Meal Periods: Meal periods shall be scheduled by the City and will be either 30 minutes of
paid time or 60 minutes of non-paid time, as determined by the City. The Supervisor shall
determine the meal period during the shift.
Detectives on stand-by are excluded from application of this Section.
5. Personal requests for a change or trade of shift"must be approved by administration. The City
shall not be obligated to provide overtime or additional compensation to the affected
employees for overtime incurred resulting from a requested change 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 shifts.
Section B - Shift Rotation
The City may, at its discretion, change an employee's work shift. In the event of shift rotations, the
City shall provide a minimum of seven (7) calendar days' advance notIce to the employees affected,
as determined by the Police Chief.
Section C - Response Time
Employees covered by this agreement shall reside within a 3D-minute response time from the Police
Department Headquarters. Driving time shall be calculated using the lawful speed limits.
Section D - Relatives Workin2: 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.
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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
Police Department. Prior to terminatmg 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 E - Work Stoppa2:es. 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 F - Dru2: Testin2: Policy
1. Policy:
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. 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 hislher 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.
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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:
F or 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:
(ng/mn
Amphetamines
Barbiturates
Benzodiazepines
Cannabinoids
Cocaine Metabolites
Methadone
Methaqualone
Opiates (Codeine)
Opiates (Morphine)
Phencyclidme (PCP)
Propoxyphene
Test Level
1000
300
300
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.
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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 ofthe employer, employee, and the union representative
to the extent they have elected to be present, and proper chain-of-custody procedures shall be
followed.
. 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/m!.
Confirmatory Test:
Marijuana metabolites
Cocaine metabolites
Opiates: Morphine
Codeine
15 ng/ml
150 ng/ml
300 ng/ml
300 ng/ml
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Phencyclidine
Amphetamines: Amphetamine
Methamphetamine
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 ofthis 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 - Wa2:es - Three-Year A2:reement
1. Effective January 1, 2004, wages will be increased by 2% for all officers covered by this labor
contract. This is a Cost of Living Adjustment (COLA).
2. Effective January 1, 2004, wages will be increased by 1.5% for all officers covered by this
labor contract. This is a wage increase, not a COLA.
3. Effective January 1, 2005, wages will be increased equal to 90% of the Seattle-Bremerton
CPI-W, using the August 2003 thru August 2004 index. The minimum increase shall be 2% and
the maximum 6%. This is a COLA.
4. Effective January 1, 2005, wages will be increased by 2% for all officers covered by this labor
contract. This is a wage increase not a COLA.
5. Effective January 1, 2006, wages will be increased equal to 90% of the Seattle-Bremerton
CPI-W, using the August 2004 through August 2005 index. The minimum increase shall be 2%
and the maximum 6%. This is a COLA.
6. Effective January 1, 2006, wages will be increased by 1 % for all officers covered by this labor
contract. This is a wage increase not a COLA.
Section B - Deferred Compensation
The City will make a 3.1 % biweekly contribution to the deferred compensation account of each
bargaining unit employee, based upon the employee' base wage.
Section C - Lon2:evitv Pay
The City agrees to pay longevity premiums as follows, computed upon the monthly base wages:
. Completion of five (5) years City service, 2%;
. Completion often (10) years CIty service, a total of 4%;
. CompletIOn of fifteen (15) years City servIce, a total of 6%;
. Completion of twenty (20) years City service, a total of 8%.
Longevity premiums shall be paid beginning with the first full pay period following the completion
of the eligIbility requirements. For the purpose of determining eligibility for longevity premiums,
City service shall be limited to time served in good standing as a regular full-time employee of the
Port Angeles Police Department covered by this Agreement.
Section D - Overtime Compensation
1. Overtime hours are those compensable hours which the employee is assigned to work in
excess of forty (40) hours in the work week or eIght (8) hours in the work day.
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2. Overtime hours worked shall be paid at the rate of time and one-halfthe employee's regular
rate of pay, calculated to the nearest 15 minutes.
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. However, the Department shall attempt to assign overtime in a fair and
equitable manner whenever possible. Overtime shall be offered to regular, full-time Police
Officers in descending seniority and assigned by ascending seniority. All regular overtime
and paid detail police work shall be offered to Police Officers prior to using Police Reserves.
5. If an employee is required to report to the employee's scheduled shift within twelve (12)
hours of working his or her previously scheduled shift, then the employee shall earn pay at
the overtime rate until a twelve (12) hour or more period of time falls between the
employee's scheduled shifts.
The intent of the twelve (12) hour rule is to economically support allowing officers at least a
twelve (12) hour period between working scheduled patrol or detective shifts. It does not
invoke paying overtime when personnel attend training or meetings between shifts or under
emergency circumstances such as barricaded suspects, riots, major crimes, and disasters.
This sub-section does not apply to necessary in-service training including but not limited to
the following: First Aid/CPR; BAC certification and refresher; firearms qualifications,
practice and training; defensive tactics; blood and airborne pathogens; supervision;
emergency vehicle operation; criminal law updates (arrests, search and seizure, vehicle stops,
etc); instructor certifications and re-certifications; and staff/department meetings.
6. The maximum number of hours an employee may work shall be 12 hours in a work day, or
65 hours in a work week, except in emergency conditions as determined by the Police Chief.
Section E - Stand-Bv/Call-Back
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. Standby assignment shall be on Saturdays, Sundays, and holidays.
2. Stand-by Compensation: An employee on stand-by assignment shall receive $22/day jor
Saturdays, Sundays, and holidays. A day is a 24-hour period and a week is a week of 168
consecutive hours.
3. Call Back Compensation: An employee called back to work on other than his/her normal work
schedule shall be compensated a minimum of three (3) hours at the overtime rate of pay. Hours
worked beyond the three (3) hour minimum shall continue to be paid at the overtime rate until
relieved of duty. Court time, on other than the employee's regular work schedule, shall be
compensated as call-back.
15
Section F - Compensatory Time
1. No employee will be allowed to accumulate more than 120 hours of comp time.
2. An employee on compensatory time off shall be deemed to be on official leave with pay
status.
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 or his designee that he/she was sick on a scheduled day of
compensatory, vacation, or holidayJime off may request that a day of sick leave be taken
rather than previously scheduled compensatory time.
Use of compensatory time shall be by mutual agreement with the employee and his/her
supervisor or the Department Head.
The Department Head or employee's supervisor shall make all reasonable efforts to
accommodate a request for compensatory time off when made at least seven (7) days but not
more than thirty (30) days in advance. This section shall also apply to floating holidays.
5. An employee may choose to add comp time to his bank as long as his bank does not exceed
the 120 hour maximum.
Section G - Educational Incentive Pay
The City, to encourage and improve the proficiency of its employees, offers employees covered by
this Agreement the following Educational Incentive Pay program. Educational pay for 45 and 90
units will be dIscontinued after the last pay period in December, 2003. Only a BA or AA Degree
will be eligible for educational incentive pay.
Patrol Officers
Fifty-six dollars ($56) per pay period for attainment of a two-year degree in a law
enforcement related subject.
Eighty-five dollars ($85) per pay period for attamment of a four-year degree in a law
enforcement related subject.
Corporals
Sixty dollars ($60) per pay period for attainment of a two-year degree in a law enforcement
related subject.
Ninety- Three dollars ($93) per pay period for attainment of a four-year degree in a law
enforcement related subject.
16
Sergeants
Sixty-five dollars ($65) per pay period for attainment of a two-year degree in a law
enforcement related subject.
One hundred dollars ($100) per pay period for attainment of a four-year degree in a law
enforcement related subject.
All law enforcement subjects shall be as approved by the Washington State Training
Commission and meet the necessary requirements of an accredited college or university.
All new employees having college credits in other than Peninsula College shall have such
credits transferred to Peninsula College for qualification for the educational incentive pay.
This shall not apply to employees who have completed a two or four-year degree program in
law enforcement at another accredited college.
Probationary employees shall not be eligible for educational pay. This does not apply to
promotional probations.
Section H - Tuition Reimbursement
The City's tuition reimbursement program covers payment for college course work to encourage
employees to pursue job-related education/training. Under the tuition reimbursement program, the
City pays for 75% of tuition and required books, not to exceed $500 annually, subject to budgetary
restrictions and in accordance with the following requirements:
a) Requests for tuition reimbursement must be made in writing, in advance, on the form
provided by the Human Resources Office.
b) All course work must be job-related and requires advance approval by the Department Head
and City Manager, processed through the Human Resources Office.
c) Prior to payment of approved tuition reimbursement, the employee must provide proof of a
grade C or better, together with a copy of receipts for the course and required books.
d) The City may retain certain course materials (i.e., books, reference materials) if the
Department Head determines such materials are of value to the City.
Courses offered during regular work hours may be approved, per the above policy, if time off can be
arranged without affecting the public services or disrupting departmental operations. Such time off
should be charged to accrued vacation, comp time, or leave without pay.
The following are examples of courses that may be approved as job-related. Final determination for
acceptability of tuition reimbursement is the decision of the Police Chief and City Manager.
. Law enforcement courses (e.g., Introduction to Criminal Justice, Criminal Justice
Administration, Crime Scene Investigation, Criminal Law)
. Psychology
. Speech
17
. Computer courses related to specific software/hardware used by the department
. Typing, English
. Report writing and written communIcations courses
. Supervision/management courses (for supervisory positions)
Section I - Hi2her 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 beginning salary for the higher class for the
duration of the assignment, calculated to the nearest 15 minutes.
Section J - Uniform Maintenance Allowance
1. Uniforms will be purchased and provided to offers through the Department's quartermaster
system. Officers requiring uniforms or equipment shall make a written request to the
Department administration for uniforms or equipment.
Purchases made under the quartermaster system require the approval of the Chief of Police or
his designee.
Police Officers, Corporals and Sergeants assigned to the Detective Division shall receive
$600 annually. Officers assigned to the Detective Division on or after January 31 st shall be
paid a pro-rated uniform allowance based on the remainin~ weeks of the year.
2. The required uniform is described in the Department PolicylProcedures Manual.
3. Only those items listed in the Police Department Policy and Procedures Manual may be
purchased with uniform maintenance allowance funds. The Department retains the right to
determine if the article purchased is an approved part of the uniform, is of acceptable quality,
and is in conformance with Department standards.
4. The Police Chief retains the right to supply uniform or equipment articles from supplies on
hand rather than authorizing the employee to purchase new uniform articles.
5. The employee agrees to maintain and repair his/her uniform and have all items available for
inspection upon reasonable notice.
6. All articles purchased by the City will be the property of the City and will be returned prior to
leaving City service (i.e., retirement, termination, etc.)
7. The City agrees to provide each officer with a bullet-proof vest, approved by the Police
Department. Replacement of the vests and selection ofthe vests shall be determined by the
Police Department.
Section K - Field Trainin2 Officer Pay
The City agrees to pay a Police Officer assigned and functioning as a Field Training Officer an
additional $12 per day.
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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 10 288
6 - 10 continuous years
of City service 120 15 368
11 - 15 continuous years
of City service 160 20 448
16 - 20 continuous years
of City service 200 25 528
21 & over continuous years
of City service 240 30 608
Vacation may be taken only upon completion of one full year's service (except for holidays -
see Section C - Holidays). Thereafter, vacation credit earned may be taken upon proper
authorization, per Department procedures. Application for such leave shall be made in
advance and is subject to Departmental approval. The maximum accrual of vacation leave is
noted in the preceding chart. Employees shall be paid for unused vacation leave at their final
base hourly rate (i.e., straight time) upon leaving City service, except for terminations during
the employee's new hired probatIOnary period.
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 Contract.
In the event of a serious illness to an employee who has exhausted his/her sick leave accrual,
the City Manager, at his/her discretion, may advance sick leave credits upon expiration of
accrued sick leave credits.
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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 -is unlimited,
but sick leave payoff shall have a maximum of 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 ill 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 neeq may
be requested by the City in the form of a doctor's verification. Such sick leave is
hmited 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 attending a funeral of a
family member. Funeral leave shall be limited to not more than three consecutive
days per instance, unless specifically approved by the Police Chief.
d. 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. The maximum accrual for purposes of
sick leave payoff is 1,200 hours. Payment of such sick leave shall be calculated at
the employee's base rate of pay.
5. Family 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
20
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.
Eligibility: 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 was made
prior to leave commencement. 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 of 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 not later than 15 calendar days after application is made.
Failure to provide the medical certification within the required 15 days after application, and
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 Family Leave: All requests for family leave require the approval of the employee's
Department Head and the Human Resources Manager.
21
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, 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 s~hedule:
1. To the same or equivalent posItIOn in salary as was held by the employee when the
leave commenced; or
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; or
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 a
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 not extend the total number of weeks of family leave
available. Only the actual number of hours taken will be subtracted from the employee's
annual family leave entitlement.
22
Section C - Holidavs
The following are the holidays provided for under this Agreement:
New Year's Day January 1st
Martin Luther King Day January 19th
Lincoln's Birthday February 12th
Washington's Birthday Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Veteran's Day November 11th
Thanksgiving Day Last Thursday in November
Day after Thanksgiving Last Friday in November
Christmas December 25th
One Floating Holiday
1. Employees covered by this Agreement shall in January of each calendar year, receive 96
hours of holiday time ( 11 named holidays plus one floating holiday = 96 hours) credited to
his/her vacation bank. (See Vacation Section for administration of these hours.)
2. An employee has the option of selling back for cash a maximum of forty (40) hours of
vacation accrual at any time during the year, in increments of eight (8) hours. Such cash-out
of holidays shall be at the employee's regular hourly rate of pay.
3. If an employee is scheduled to work on a holiday, the employee shall receive pay at the rate
of time and one-half for all hours worked on the holiday.
4. All hours worked on a holiday in excess of eight (8) hours shall be paid at the double time
rate.
5. When an employee is called back to work on a holiday for which he was not previously
scheduled to work, all hours worked shall be paid at the double time rate.
6 When the major portIOn of any shift is on a contractual holiday, the entire shift shall be paid
according to this section.
7. If an employee leaves City service, his/her vacation bank will be reconciled based upon the
number of holIdays which have occurred during that calendar year, prior to leaving City
service, excluding the floating holiday. Employees hired during the calendar year shall have
the holiday hours credited based upon the number of designated holidays (including the
floater) remaining in the calendar year and shall be allowed to use this holiday/vacation time
prior to the completIOn of one year.
8. For those employees working Monday through Friday, when one ofthe above holidays falls
on Saturday, the precedmg Fnday shall be observed. When such holIday falls on a Sunday,
the following Monday shall be observed.
23
A-RXlCLE-VI----HEALT-H-BENEEIXS
1. Medical Benefits:
Effective February 1, 2004, based on January 2004 hours and March 2004 coverage, and for
the life of the agreement, the City shall pay the monthly premium payment into the
Washington Teamsters Welfare Trust for Medical Plan A on behalf of each employee who is
compensated for eighty (80) hours or more in the preceding month. This Plan A premium
shall include the additional $9.00 monthly premium to maintain the 12 month Premium
Waiver Period.
Effective January 1, 2005, the employee will contribute 7% of the premiums necessary to
provIde the benefits noted in paragraph one of Article VI, 1., Medical Benefits.
Effective January 1, 2005, the employer will contribute 93% of the premiums necessary to
provide the benefits noted in paragraph one of Article VI, 1, Medical Benefits.
Effective January 1, 2006, the employee will contribute 9% of the premiums necessary to
provide the benefits noted in paragraph one of Article VI, 1, Medical Benefits.
Effective January 1, 2006, the employer will contribute 91 % ofthe premiums necessary to
provide the benefits noted in paragraph one of Article VI, 1, Medical Benefits.:.
2. Dental Covera2e
Effective February 1,2004, based on January 2004 hours and March 2004 coverage, and for
the life of the agreement, the City shall pay the monthly premium payment into the
Washington Teamsters Dental Trust for Dental Plan A, on behalf of each employee who is
compensated for eighty (80) hours or more in the preceding month.
The employer will, for the life of the agreement, contribute 100% of the premiums necessary
to provide the benefits noted in the foregoing paragraph, Dental Coverage.
3. Vision Covera2e
Effective January 1, 2004, based on December 2003 hours and for the hfe ofthe agreement,
the City shall pay the monthly premium payment into the Washington Teamsters VIsion Care
Trust for Vision Plan EXT, on behalf of each employee who is compensated for eighty (80)
hours or more in the preceding month.
The employer will, for the life of the agreement, contribute 100% of the premiums necessary
to provide the benefits noted in the foregoing paragraph, Vision Coverage.
4. Lon2 Term Disability coverage is provided for and paid by the City for LEOFF II Police
Officers. The LTD benefits provide for a 90-day waiting period, with benefits equal to
approximately 60% of salary, subject to the specific terms and limitations of the policy.
24
5. Life Insurance: The City will provide term life insurance equal to one times the employee's
annual salary, rounded to the nearest thousand, with a maximum of $50,000. The City will
also provide AD&D coverage, subject to the terms of the policy.
6. RWT -Plus: Teamsters Retiree Medical
Effective June, 2003, the employer shall pay into the Retiree's Welfare Trust the amount of
$39.85 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.
Effective January 1, 2004, bssed on December 2003 hours, the employer shall pay into the
Retiree's Welfare Trust the amount of 44.85 per month on behalf of each employee
performing work of the bargaining unit, in a represented classification, who is compensated
for eighty (80) hours or more in the preceding 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, it is understood that the contributions to the
Retirees Welfare Trust, (RWT-Plus) Plan, shall be as follows:
Effective Date (based on preceding month) Contribution Rate (monthly):
01-01-04 $44.85
01-01-05 $49.85
01-01-06 $54.85
The RWT-Plus Retiree Medical Plan, shall, for the life of the agreement, be funded solely
through authorized payroll diversion. In like manner, it shall remain the responsibility of the
participating employees to fund thru payroll diversion any premium increases necessary to
maintain this Retiree's Welfare Trust RWT-Plus Retiree medical plan.
In the event that employees elect not to have the wages withheld thru a payroll diversion
necessary to cover participation in the RWT Plus Retiree Medical Plan, the employee
must notify the employer in writing of that decision.
The City will provide benefit booklets for L TD and life insurance benefits above. The
Teamsters will provide benefit booklets for the medical, vision, and dental coverage~
25
ARTICLE VII - GRIEVANCE PROCEDURE
Section A - Objectives
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 admimstrators; 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.
Working Dav: Exclusive of Saturday, Sunday, and legal holidays.
Emvlovee: Any employee of the classified service of the City of Port Angeles Police Department
covered by this Agreement.
Immediate Suvervisor: The person who assigns, reviews, or directs the work of an employee.
Division Manager: 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 examination procedures. (These matters are within the Civil Service
Commission's authority.) Dismissals pursuant to Article III, Section D, are subject to this
grievance procedure, if the Civil Service CommIssion demes hearing the employee's appeal.
3. Work performance evaluations.
4. Impasse in collective bargaining.
5. Grievances filed after ten (10) working days from date of occurrence, or after ten (10)
working days from the date the employee had knowledge of an occurrence.
26
Section D - 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' Ri2hts 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 ofthe 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 - Informal Grievance Disposition
Within ten (10) working days from the occurrence ofthe incident on which a complaint is based, or
within ten (10) working days from the employee's knowledge of the occurrence, the employee will
promptly meet to verbally discuss the complaint with his immediate supervisor. In those
circumstances where the nature of the complaint involves the immediate supervisor, the employee
may verbally discuss the complaint with the next higher level of supervision, provided notIfication is
given the immedIate supervisor by the employee. Such initial discussion shall precede the use of the
formal grievance procedure. If the supervisor fails to reply to the employee within ten (10) working
days of the meeting, or if the employee is not satisfied with the decision, the employee may utilize
the formal grievance procedure.
27
Section G - Formal Grievance Procedure
Step 1: Supervisor
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 the grievance form.
The grievance form and any supporting documents shall be delivered to the supervisors with whom
the informal meeting was held, no later than ten (10) working days from the date of the close of the
informal meeting. The supervisor shall hold a formal 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 supervisor will issue a written decision on the original grievance form within
ten (10) working days of the close of the formal meeting.
Step 2: Department Head
If the employee feels the immediate supervisor 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 representative, ifrequested, within ten (10) working 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) working days from the close of the formal meeting.
Step 3: City Mana2er
If the employee is not satisfied with the decision of the Department Head, helshe may appeal the
decision to the City Manager within ten (10) working days from receipt of the Department Head's
decision. In his 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)
working days of receipt of the grievance.
Step 4 - Bindin2 Arbitration
If the grievant is not satisfied with the decision of the City Manager, within ten (10) working days
after receipt of the decision, the Union 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 strikmg 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 mdividual 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 1,2004, and shall remain in force through December 31,
2006, and shall remain in effect during the course of negotiations of a new Contract.
IN WITNESS WHEREOF, we hereunto attach our signatures this
day of November 2004.
CITY OF PORT ANGELES
TEAMSTERS LOCAL #589
Richard Headrick, Mayor
Ken Troup, Secretary/Treasurer
Michael Quinn, City Manager
Pat Clark, Business Representative
Bob Coons, Human Resource Manager
Jesse Winfield, Shop Steward
29
ARTICLE VIII - DURATION OF AGREEMENT
This Agreement shall be effective January 1,2004, and shall remain in force through December 31,
2006, and shall remain in effect during the course of negotiations of a new Contract.
IN WITNESS WHEREOF, we hereunto attach our signatures this J L day of November, 2004.
Michael Quinn, .
~~
Bob Coons, Human Resource Manager
\.
29
.
.
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A~/~Nd,i. /(11 v
5. ~Lo I
3.50% effective 01-01-04
Date 11/16/04
Time 08.15AM
2004 Teamster's Sworn Grade/Step Table
Report' !'\Cognos - LLB\2004 Teamster's Sworn Grade Step.lmr
Position Position Grade Step 2004 2004 BI-Weekly 2004 Monthly 2004 Annual
# Title Hourly Rate Amount Amount Salary
6000 POLICE OFFICER TS1 1 21 168 1693.44 3669 44029
TS1 2 22.120 1769 60 3834 46010
TS1 3 23.125 1850.00 4008 48100
TS1 4 24.166 1933.28 4189 50265
TS1 5 25.209 2016.72 4370 52435
6001 POLICE SERGEANT TS2 1 28.108 2248.64 4872 58465
TS2 2 29.060 2324 80 5037 60445
6002 POLICE CORPORAL TS3 1 22.951 1836.08 3978 47738
TS3 2 23 902 1912.16 4143 49716
TS3 3 24 908 1992.64 4317 51809
TS3 4 25.950 2076.00 4498 53976
TS3 5 26 991 2159.28 4678 56141
Page 1
APPENDIX "B"
LETTER OF AMENDMENT
TO THE
January 1, 2001 -December 31,2003
LABOR AGREEMENT
BY AND BETWEEN
THE CITY OF PORT ANGELES
AND
TEAMSTERS LOCAL 589
COVERING THE SWORN OFFICERS BARGAINING UNIT
January 15th, 2004
By our signatures below, the current labor agreement is amended, under Article VI Health
Benefits ,as follows:
A. Medical Coveraqe
In recognition of the decision to change medical coverage from the JC 28 XL Medical coverage
to Washington Teamsters Welfare Trust Medical Plan A, beginning in February 2004, based
on January 2004 hours compensated, March 2004 coverage, the City shall:
(1). Pay, pending completion of negotiations, the full monthly premium payment
into the Washington Teamsters Welfare Trust for Medical Plan A, on behalf of each employee
who is compensated for eighty (80) hours or more in the preceding month. This Plan A
premium will include the $9.00 per month to the monthly premium for medical insurance, for
the purpose of maintaining the extended premium waiver period of 12 months.
(2). Reimburse out of pocket expenses paid by employees that are the difference
in coverage between that formerly provided under the JC28XL and that provided under the
Teamsters Plan A. Medical Plan. Reimbursement would be done based on employees
submitting their Explanation of Benefits forms to Human Resources.
B. Dental Coveraqe
In recognition of the Trust requirement to change Dental coverage, when the parties elect to
change Medical coverage, beginning in February 2004, based on January 2004 hours
compensated, March 2004 coverage, the Parties agree to change from the RC Dental Plan
coverage to Washington Teamsters Dental Trust Dental Plan A.
(1). The City will continue to pay all Dental Plan A Premiums.
C. All Other Terms and Conditions of the Labor Aqreement.
All other terms and conditions of the labor agreement shall remain in full force and effect,
pending completion of negotiations.
For the City of Port Angeles
For Teamsters Local 589
Michael Quinn, City Manager
Patrick Clark, Business Representative
~ ~ I)~/-/
~j19~ date ~~y
~~
/I-UI-'1/1 N A -eJ {I i/ y-, I-t'
;1~
i /2?/tlY
WASHINGTON TEAMSTERS WELFARE TRUST
SUBSCRIPTION AGREEMENT
COLLECTIVE BARGAINING AGREEMENT PROVIDING FOR PARTICIPATION IN TRUST
The Employer and Labor Organization below are parties to a Collective Bargaining Agreement providing for participation in the above Trust. An
enforceable Collective Bargaining Agreement must exist as a condition precedent to participation in the Trust.
City of Port Angels Sworn Officers Unit
Employer Name
Teamsters Local 589
Labor Organization (Union) Name
321 East 5th street
Address
PO Box 4043
Address
Port Angeles W A 98362
City, State, Zip Code
Port Angeles, W A. 98363
City, State, Zip Code
COLLECTIVE BARGAINING AGREEMENT
The parties' Collective Bargaining Agreement is in effect from: January 1. 2004 to December 31. 2006
~ New Account 0 Renewal- Account No. _ Approximate Number of Covered Employees 28
INFORMATION CONCERNING TYPE OF EMPLOYER'S BUSINESS
Employer IS: I8l Public Entity 0 Corporation - State ofWashimrton 0 Partnership
If employer is a Partnership or Sole Proprietorship please provide name(s) of the owner or partners below:
o Sole Proprietorship
BENEFIT PLAN(S) DESIGNATED IN COLLECTIVE BARGAINING AGREEMENT
The Collective Bargaining Agreement provides that contributions will be made to the Trust on behalf of all employees for whom the Employer is
required to contribute under the Trust Operating Guidelines for the purpose of providing such employees and their dependents with the following
benefit planes): (The undersigned parties acknowledge the receipt of a copy of the Trust Operating Guidelines which by this reference are made a
part hereof)
COVERAGE IN BARGAINING AGREEMENT For renewals, list all coverages not just changes.
MEDICAL Plan A Plan B Plan C WTIOO
Lifel AD&D Plan A Plan B Plan C
Employee $30,000 Life/AD&D $15,000 Life/AD&D $5,000 Life/AD&D
Dependent $ 3,000 Life $ 1,500 Life $ 500 Life
Time Loss Plan A Plan B Plan C
AJnount $400/week $300/week $200/week
L TD 0 Long Term Disability Income Plan
Waivers ~ Additional 9 months Disability Waiver of Contributions - Medical only
MEDICAL TOTAL
$
Monthly Rate
695.80
$
5.00
PlanD
$IOO/week
$
$
$
$
$
$
2.00
DENTAL
VISION
o Plan B
o Plan C
9.00
$711.80
104.10
11.35
Will there be any coverage changes before the Collective Bargaining Agreement's expiration? 0 Yes I8l No. If yes, attach a Subscription
Agreement for each change. A Subscription Agreement must be submitted in advance ofthe effective date below.
EFFECTIVE DATE OF COVERAGE
The contribution rates above are due effective (month/year) January. 2004 based on employment in the prior month.
Note: Coverage is provided using a lag month, therefore coverage IS effective in the monthfollowmg the month contributions are due
For example, contributions due effective April based on March employment will provide coverage m May.
EXPIRATION OF COLLECTIVE BARGAINING AGREEMENT
Upon expiration of the above-referenced Collective Bargaining Agreement, the Employer agrees to contmue to contribute to the Trust in the same
amount and manner as required in the Collective Bargaining Agreement until such time as the Employer and the Labor Organization either enter
into a successor Collective Bargaining Agreement, which conforms to the Trust Operating Guidelines, or one party notifies the other III wntmg
(WIth a copy to the Trust) of its intent to cancel such obligation five (5) days after receiving notice, whichever occurs first. The Trust reserves the
right to immediately termmate participation in the Trust upon the failure to execute this or apy future S scription Agreement or to comply With
the Trust Operating Guidelines as amended by the Trustees from time to time.
For Employer ~ ~
Titlel Assn
10/'< 7h Y
For Union
/o-~-o
Date
Title
Date
ELIGIBILITY TO PARTICPATE IN TRUST
Eligibility for benefits is determined in accordance with the requirements established in the Collective Bargaining Agreement provided
such requirements are consistent with the Trust guidelines. To establish eligibility for benefits, Trust guidelines require that eligible
employees must have the required number of hours in a month and have the contractually required contributions paid on their behalf.
Eligibility will commence according to the Trust's lag month eligibility rule. Eligibility continues as long as the employee remains
eligible, has the contractually required number of hours per month, and has the required contributions made. The Trust, however, will
not recognize any contractual provision that conditions continued eligibility on having less than 40 or more than 80 hours in a month.
Eligibility will end according to the Trust's policy for employees that do not have the required number of hours and contributions in a
month and that do not qualify for an applicable extension of eligibility, if any.
Employees of a participating employer not performing work covered by the Collective Bargaining Agreement may participate in the
Trust only pursuant to a written special agreement approved in writing by the Trustees. The Trustees reserve the right to recover any and
all benefits provided to ineligible individuals from either the ineligible individual receiving the benefits or the employer responsible for
misreporting them (if applicable).
REPORTING OBLIGATION AND CONSEQUENCES OF DELINQUENCY
Employer contributions are due no later than ten (10) days after the last day of each month for which contributions are due. The
Employer acknowledges that in the event of any delinquency, the Trust Agreement provides for the payment of liquidated damages,
interest and attorney fees and costs incurred in collecting the delinquent amounts.
TRUSTEES' AUTHORITY TO DETERMINE TERMS OF PLANS
The parties recognize that the detail of the benefit plans provided by the Trust and the rules under which employees and their dependents
shall be eligible for such benefits is determined solely by the Board of Trustees of the Trust in accordance with the terms of the
governing Agreement and Declaration of Trust (Trust Agreement). The Trustees retain the sole discretion and authority to interpret the
terms ofthe Trust's benefit plans, the plans' eligibility requirements, and other matters related to the administration and operation of the
Trust and its benefit plans. The Trustees may modify benefits or eligibility of any plan for the purpose of cost containment, cost
management, or changes in medical technology and treatment.
MECHANISM FOR HANDLING CONTRIBUTION INCREASES
The Trustees' authority shall include the right to adjust the contribution rates to support the benefit plans offered by the Trust and to
maintain adequate reserves to cover any extended eligibility and the Trust's contingent liability.
The parties recognize that it is the intent of the Trust not to provide employee benefit plans for less than the full cost of any such plan. If
the Collective Bargaining Agreement does not provide a mechanism for fully funding the designated benefit plans, the Board of Trustees
may substitute a plan then available that is fully supported by the employer's contribution obligations. The disposition of any excess
employer contributions will be subject to the collective bargaining process.
ACCEPTANCE OF TRUST AGREEMENT
The Employer and the Labor Organization accept and agree to be bound by the terms of the Trust Agreement governing the Trust, and
any subsequent amendments to the Trust Agreement. The parties accept as their representatives for purposes of participating in the Trust
the Trustees serving on the Board of Trustees and their duly appointed successors.
Provided, however, that in the event that either Section 2 or 3 of Article VIII of the Trust Agreement is amended to change or modify an
Employer's liability as specified therein, such amendment will not be deemed applicable to an Employer until such time as the Employer
enters into a successor Collective Bargaining Agreement after the expiration of the Employer's then current Collective Bargaining
Agreement.
I APPROVAL OF TRUSTEES
This Agreement has been approved by the Board of Trustees of the Washington Teamsters Welfare Trust.
Date
Administrative Agent
Washington Teamster Welfare Trust
RETIREE'S WELFARE TRUST
SUBSCRIPTION AGREEMENT
COLLECTIVE BARGAINING AGREEMENT
THE UNDERSIGNED EMPLOYER AND LABOR ORGANIZATION CONFIRM, AS A CONDITION PRECEDENT TO PARTICIPATION IN THE
RETIREE'S WELFARE TRUST, THAT THEY ARE PARTIES TO A COLLECTIVE BARGAINING AGREEMENT PROVIDING FOR EMPLOYER
CONTRIBlJ'rIONS TO BE MADE TO THE TRUST ON BEHALF OF ALL BARGAINING UNIT EMPLOYEES FOR WHICH THE EMPLOYER IS
REOUIRED TO CONTRIBUTE UPON EXPIRATION OF THE CURRENT OR ANY SUBSEQUENT BARGAINING AGREEMENT REQUIRING
CONTRIBUTIONS, THE EMPLOYER AGREES TO CONTINUE TO CONTRIBUTE TO THE TRUST IN THE SAME MANNER AND AMOUNT
AS REQUIRED IN THE MOST RECENT EXPIRED BARGAINING AGREEMENT UNTIL SUCH TIME AS THE UNDERSIGNED EITHER
NOTIFIES THE OTHER PARTY IN WRITING (WITH A COpy TO THE TRUST FUND) OF ITS INTENT TO CANCEL SUCH OBLIGATION FIVE
DAYS AFTER RECEIPT OF NOTICE OR ENTER INTO A SUCCESSOR BARGAINING AGREEMENT WHICH CONFORMS TO THE TRUST
POLICY ON ACCEPTANCE OF EMPLOYER CONTRIBUTIONS, WHICHEVER OCCURS FIRST. THE PARTIES AGREE TO PROVIDE THE
TRUST OFFICE WITH A COPY OF THE CURRENT AND ALL FUTURE COLLECTIVE BARGAINING AGREEMENTS.
EFFECTIVE DATES OF CURRENT BARGAINING AGREEMENT: 01/01104 to 12/31/06
RETIREE PLAN (check one):
o RWT-29
r8J RWT-PLUS
Employer contributions are effective 01101104 based on hours of employment for the month of December 03'.
Employer contributions are required on all bargaining unit employees compensated for 80 hours or more per month.
(Note: Hour requirement may not be more than 80 hours per month.)
ACCEPTANCE OF TRUST AGREEMENT
THE UNDERSIGNED ACKNOWLEDGE RECEIPT OF A COpy OF THE TRUST AGREEMENT AND TRUST POLICY ON ACCEPTANCE OF
EMPLOYER CONTRIBUTIONS (SEE THE BACK OF THIS FORM FOR THE POLICY ON ACCEPTANCE OF EMPLOYER CONTRIBUTIONS),
AND ACCEPT AS THEIR REPRESENTATIVES FOR PURPOSES OF PARTICIPATING IN THE TRUST, THE JOINT LABOR AND
MANAGEMENT TRUSTEES SERVING ON THE BOARD OF TRUSTEES AND THEIR DULY APPOINTED SUCCESSORS. THE
UNDERSIGNED EMPLOYER AND LABOR ORGANIZATION, BY EXECUTION OF THIS SUBSCRIPTION AGREEMENT, CONSENT TO BE
BOUND BY THE TERMS OF THE TRUST AGREEMENT GOVERNING THE RETIREE'S WELFARE TRUST, INCLUDING ANY SUBSEQUENT
AMENDMENTS THERETO. THE UNDERSIGNED FURTHER ACKNOWLEDGE THAT WITH EACH SUCCESSIVE COLLECTIVE
BARGAINING AGREEMENT TO THE ONE IDENTIFIED ABOVE THAT PROVIDES FOR CONTRIBUTIONS TO CONTINUE TO BE MADE TO
THE RETIREE'S WELFARE TRUST, THE PARTIES AGREE TO CONTINUE TO BE BOUND BY THE TERMS OF THE TRUST AGREEMENT
AND ANY SUBSEQUENT AMENDMENTS THERETO. THIS SUBSCRIPTION AGREEMENT WILL AUTOMATICALLY CONTINUE UNTIL
SUCH TIME AS CONTRIBUTIONS ARE NO LONGER REQUIRED TO BE MADE TO THE TRUST UNDER A COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE PARTIES; HOWEVER, THE TRUST RESERVES THE RIGHT TO DISALLOW OR TERMINATE
PARTICIPATION IN THE TRUST UPON FAILURE TO EXECUTE THIS SUBSCRIPTION AGREEMENT OR TO COMPLY WITH THE TRUST
AGREEMENT OR POLICY ON ACCEPTANCE OF EMPLOYER CONTRIBUTIONS.
EMPLOYER (Name and Address)
LABOR ORGANIZATION (Name and Address)
City of Port Angeles Sworn Unit
321 East 5th Street
Teamsters Local 589
PO Box 4043
Port Angeles Wa 98362
::rt;::4
BY:~~
Human Resourses
Title: Manager
Date: /()~ 7~Y
~ ,
Title: Secretary Treasurer
Date: I D -C? -a,
APPROVAL OF TRUSTEES ThiS subscription agreement has been accepted by the Retiree's Welfare Trust:
By.
Title:
Date.
!'
'/1 /
\ /. . r'/ '"
RETIREE'S WELFARE TRUST
POLICY ON ACCEPTANCE OF EMPLOYER CONTRIBUTIONS
It is hereby declared to be the policy of the Retiree's Welfare Trust to accept as Employer contributions
only payments made in accordance with a Collective Bargaining Agreement and/or Written Agreement,
which is not detrimental to the Plan.
Accordingly, a Collective Bargaining Agreement and/or Written Agreement which:
. Does not require monthly contributions to be made on behalf of all persons who
perform work in the classifications or categories covered in such Collective Bargaining
Agreement; or
. Requires a minimum waiting period of employment before contributions are owing; or
. Limits employees on whose account monthly contributions are to be made to those who
are compensated for more than eighty (80) hours per month,
will be deemed to be detrimental to the Retiree's Welfare Trust and said contributions will not be
acceptable.
The foregoing is only an illustration of Collective Bargaining Agreement and/or Written Agreement
provisions, which the Trustees have deemed to be detrimental to the Plan and should not be considered as
an all inclusive list of all such types of provisions.
The determination of whether or not a Collective Bargaining Agreement and/or Written Agreement is
detrimental to the Plan shall be made by the Trustees in their sole discretion.
NOTE: There is a separate policy on acceptance of employer contributions in the Food Processing
Industry. A copy may be obtainedfrom the Trust Administrative Office.
Retiree's Welfare Trust
2323 Eastlake Avenue East
Seattle, W A 98102
(206) 329-4900
C IWINDOWS\Desktop\MAJN EMPLOY FILEIP A POLICE 2004\RWT Sub Agreement doc
REV 07110/02
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RETIREE'S WELFARE TRUST
SUBSCRIPTION AGREEMENT
COLLECT~BARGAUaNGAGREEMENT
THE UNDERSIGNED EMPLOYER AND LABOR ORGANIZATION CONFIRM, AS A CONDITION PRECEDENT TO PARTICIPATION IN THE
RETIREE'S WELFARE TRUST, THAT THEY ARE PARTIES TO A COLLECTIVE BARGAINING AGREEMENT PROVIDING FOR EMPLOYER
CONTRIBUTIONS TO BE MADE TO THE TRUST ON BEHALF OF ALL BARGAINING UNIT EMPLOYEES FOR WHICH THE EMPLOYER IS
REQUIRED TO CONTRIBUTE UPON EXPIRATION OF THE CURRENT OR ANY SUBSEQUENT BARGAINING AGREEMENT REQUIRING
CONTRIBUTIONS. THE EMPLOYER AGREES TO CONTINUE TO CONTRIBUTE TO THE TRUST IN THE SAME MANNER AND AMOUNT
AS REQUIRED IN THE MOST RECENT EXPIRED BARGAINING AGREEMENT UNTIL SUCH TIME AS THE UNDERSIGNED EITHER
NOTIFIES THE OTHER PARTY IN WRITING (WITH A COpy TO THE TRUST FUND) OF ITS INTENT TO CANCEL SUCH OBLIGATION FIVE
DAYS AFTER RECEIPT OF NOTICE OR ENTER INTO A SUCCESSOR BARGAINING AGREEMENT WHICH CONFORMS TO THE TRUST
POLICY ON ACCEPTANCE OF EMPLOYER CONTRIBUTIONS, WHICHEVER OCCURS FIRST. THE PARTIES AGREE TO PROVIDE THE
TRUST OFFICE WITH A COPY OF THE CURRENT AND ALL FUTURE COLLECTIVE BARGAINING AGREEMENTS
EFFECTIVE DATES OF CURRENT BARGAINING AGREEMENT: 01/01/(14 to ! 2/3 !/06
RETIREE PLAN (check one):
o RWT-29
fZ1 RWT -PLUS
Employer contributions are effective 01/01/04 based on hours of employment for the month of December 03'.
Employer contributions are required on all bargaining unit employees compensated for 80 hours or more per month.
(Note: Hour requirement may not be more than 80 hours per month.)
ACCEPTANCE OF TRUST AGREEMENT
THE UNDERSIGNED ACKNOWLEDGE RECEIPT OF A COpy OF THE TRUST AGREEMENT AND TRUST POLICY ON ACCEPTANCE OF
EMPLOYER CONTRIBUTIONS (SEE THE BACK OF THIS FORM FOR THE POLICY ON ACCEPTANCE OF EMPLOYER CONTRIBUTIONS),
AND ACCEPT AS THEIR REPRESENTATIVES FOR PURPOSES OF PARTICIPATING IN THE TRUST, THE JOINT LABOR AND
MANAGEMENT TRUSTEES SERVING ON THE BOARD OF TRUSTEES AND THEIR DULY APPOINTED SUCCESSORS. THE
UNDERSIGNED EMPLOYER AND LABOR ORGANIZATION, BY EXECUTION OF THIS SUBSCRIPTION AGREEMENT, CONSENT TO BE
BOUND BY THE TERMS OF THE TRUST AGREEMENT GOVERNING THE RETIREE'S WELFARE TRUST, INCLUDING ANY SUBSEQUENT
AMENDMENTS THERETO. THE UNDERSIGNED FURTHER ACKNOWLEDGE lliAT WITH EACH SUCCESSIVE COLLECTIVE
BARGAINING AGREEMENT TO THE ONE IDENTIFIED ABOVE lliAT PROVIDES FOR CONTRIBUTIONS TO CONTINUE TO BE MADE TO
THE RETIREE'S WELFARE TRUST, THE PARTIES AGREE TO CONTINUE TO BE BOUND BY THE TERMS OF THE TRUST AGREEMENT
AND ANY SUBSEQUENT AMENDMENTS THERETO. THIS SUBSCRIPTION AGREEMENT WILL AUTOMATICALLY CONTINUE UNTIL
SUCH TIME AS CONTRIBUTIONS ARE NO LONGER REQUIRED TO BE MADE TO THE TRUST UNDER A COLLECTIVE BARGAINING
AGREEMENT BElWEEN THE PARTIES; HOWEVER, THE TRUST RESERVES THE RIGHT TO DISALLOW OR TERMINATE
PARTICIPATION IN THE TRUST UPON FAILURE TO EXECUTE THIS SUBSCRIPTION AGREEMENT OR TO COMPLY WITH THE TRUST
AGREEMENT OR POLICY ON ACCEPTANCE OF EMPLOYER CONTRIBUTIONS.
EMPLOYER (Name and Address)
LABOR ORGANIZATION (Name and Address)
City of Port Angeles Sworn Unit
321 East 5th Street
Teamsters Local 589
PO Box 4043
Port Angeles Wa 98362
::rt~/~
BY:~~
Human Resourses
Title: Manager
Date: /lJh 7ft v
~ ,
Title: Secretary Treasurer
Date: I D -<6 -0,
s been accepted by the Retiree's Welfare Trust:
By:
Tit! .
Date:
.;~~
)
"
. ,)
RETIREE'S WELFARE TRUST
POLICY ON ACCEPTANCE OF EMPLOYER CONTRIBUTIONS
It is hereby declared to be the policy of the Retiree's Welfare Trust to accept as Employer contributions
only payments made in accordance with a Collective Bargaining Agreement and/or Written Agreement,
which is not detrimental to the Plan.
Accordingiy, a Collective Dargaini~g Agreement a..'1dJar Written Agreement wpjch:
. Does not require monthly contributions to be made on behalf of all persons who
perform work in the classifications or categories covered in such Collective Bargaining
Agreement; or
. Requires a minimum waiting period of employment before contributions are owing; or
. Limits employees on whose account monthly contributions are to be made to those who
are compensated for more than eighty (80) hours per month,
will be deemed to be detrimental to the Retiree's Welfare Trust and said contributions will not be
acceptable.
The foregoing is only an illustration of Collective Bargaining Agreement and/or Written Agreement
provisions, which the Trustees have deemed to be detrimental to the Plan and should not be considered as
an all inclusive list of all such types of provisions.
The determination of whether or not a Collective Bargaining Agreement and/or Written Agreement is
detrim~nt:d to the Plan shall be made by the Trustees in their sole discretion.
NOTE: There is a separate policy on acceptance of employer contributions in the Food Processing
Industry. A copy may be obtainedfrom the Trust Administrative Office.
Retiree's Welfare Trust
2323 Eastlake Avenue East
Seattle, W A 98102
(206) 329-4900
"
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C \W1NDOWS\Onk1op\MAJN EMPWY FILE\P A POUCB 2004\RWT Sub Agroemenl doc
REV 07/10102
NOV 07004 WASHINGTONTEAMSTERSWELFARETRUS~~JU: ::':: 1\ \:j Il~\I\
SUBSCRIPTION AGREEMENT : -\1\ 0 - 2004 i, i
. . :,11 NOV ,} I)
BARGAINING AGREEMENT PROVIDING FOR PARTICIPATIONLIN TRUST A,,~
The Employer and Labor Organization below are parties to a Collective Bargaining Agreement providing for part pati~he-above::l.ros.
enforceable CollectIve Bargaining ~greemellt must exist as a condition precedent to participation in the Trust.
City of Port Angels Sworn Officers Unit
Employer Name
Teamsters Local 589
Labor Organization (Union) Name
321 East 5th street
Address
PO Box 4043
Address
Port Angeles W A 98362
City, State, Zip Code
Port Angeles, W A. 98363
City, State, Zip Code
COLLECTIVE BARGAINING AGREEMENT
[ne parties' Collective Bargaining Agreement is in effect from:
181 New Account 0 Renewal- Account No. / {)
I 2004 to December 31. 2006
Approximate Number of Covered Employees 28
INFORMATION CONCERNING TYPE OF EMPLOYER'S BUSINESS
Employer is: I2J Public Entity 0 Corporation - State of Washington 0 Partnership
If employer is a Partnership or Sole Proprietorship please provide name(s) of the owner or partners below:
o Sole Proprietorship
BENEFIT PLAN(S) DESIGNATED IN COLLECTIVE BARGAINING AGREEMENT
The Collective Bargaining Agreement provides that contributions will be made to the Trust on behalf of all employees for whom the Employer is
required to contribute under the Trust Operating Guidelines for the purpose of providing such employees and their dependents with the followmg
benefit plan(s): (The undersigned parties acJrnowledge the receipt of a copy of the Trust Operating Guidelines which by this reference are made a
part hereof.) ,
COVERAGE IN BARGAINING AGREEMENT For renewals, list all coverages not just changes.
MEDICAL Plan A Plan B Plan C WTI00
LifelAD&D Plan A Plan B Plan C L.C- ,p
Employee $30,000 Life/AD&D $15,000 Life/AD&D $5,000 Life/AD&D
Dependent $ 3,000 Life $ 1,500 Life $ 500 Life -r. F
Time Loss Plan A Plan B Plan C Plan D
Amount $400/week $3oo/week $200/week $loo/week $
LTD 0 Long Term Disability Income Plan $
Waivers ~ Additional 9 months Disability Waiver of Contributions - Medical only $
MEDICAL TOTAL $
o Plan C $
$
$
Monthly Rate
695.80
$
5.00
2.00
DENTAL
VISION
9.00
$711.80
104.10
11.35
Will there be any coverage changes before the Collective Bargaining Agreement's expiration? 0 Yes I2J No. If yes, attach a Subscription
Agreement for each change. A Subscription Agreement must be submitted in advance of the effective date below.
EFFECTIVE DATE OF COVERAGE
The contribution rates above are due effective (monthlyear) January. 2004 based on employment in the prior month.
Note: Coverage is provided using a lag month. therefore c.overage is effective in the month follOWing the month contributions are due.
For example. contributions due ~~fr~ b~ed ont!..a.rch employment will provide coverage in May.
EXPIRATIONOFCOL~BJtAa4l~AGREEMENT . ,
Upon expiration of the above-referenced Col1ective Bargaining Agreement, the Employer agrees to continue to contribute to the Trust in the same
amount and manner as required in the Collective Bargaining Agreement until such time as the Employer and the Labor Organization either enter
into a successor Collective Bargaining Agreement, which conforms to the Trust Operating Guidelines, or one party notifies the other in writing
(with a copy to the Trust) of its intent to cancel such obligation five (5) days after receiving notice, whichever occurs first. The Trust reserves the
right to immediately terminate participation in the Trust upon the failure to execute this or any future Scription Agreement or to comply with
the Trust Operating Guidelines as amended by the Trustees from time to time. .
For Employer ~ ~ ,{}/.,nh'/ For Union 10 <3"-D
Title/Assn.
Date
Title
Date
ELIGIBILITY TO PARTICPATE IN TRUST
Eligibility for benefits is determined in accordance with the requirements established in the Collective Bargaining Agreement provided
such requirements are consistent with the Trust guidelines. To establish eligibility for benefits, Trust guidelines require that eligible
. employees must have the required number of hours in a month and have the contractually required contributions paid on their behalf.
Eligibility will commence according to the Trust's lag month eligibility rule. Eligibility continues as long as the employee remains
eligible, has the contractually required number of hours per month, and has the required contributions made. The Trust, however, will
not recognize any contractual provision that conditions continued eligibility on having less than 40 or more than 80 hours in a month.
Eligibility will end according to the Trust's policy for employees that do not have the required number of hours and contributions in a
month and that do not qualifY for an applicable extension of eligibility, if any.
Employees of a participating employer not performing work covered by the Collective Bargaining Agreement may participate in the
Trust only pursuant to a written special agreement approved in writing by the Trustees. The Trustees reserve the right to recover any and
all benefits provided to ineligible individuals from either the ineligible individual receiving the benefits or the employer responsible for
misreporting them (if applicable).
REPORTING OBLIGATION AND CONSEQUENCES OF DELINQUENCY
Employer contributions are due no later than ten (IO) days after the last day of each month for which contributions are due. The
Employer acknowledges that in the event of any ociinquenq, the "Trust Agreement provides for the p:!yment of !!q!.!idated damages,
interest and attorney fees and costs incurred in collecting the delinquent amounts.
TRUSTEES' AUTHORITY TO DETERMINE TERMS OF PLANS
The parties recognize that the detail of the benefit plans provided by the Trust and the rules under which employees and their dependents
shall be eligible for such benefits is determined solely by the Board of Trustees of the Trust in accordance with the terms of the
governing Agreement and Declaration of Trust (Trust Agreement). The Trustees retain the sole discretion and authority to interpret the
terms of the Trust's benefit plans, the plans' eligibility requirements, and other matters related to the administration and operation of the
Trust and its benefit plans. The Trustees may modifY benefits or eligibility of any plan for the purpose of cost containment, cost
management, or changes in medical technology and treatment.
MECHANISM FOR HANDLING CONTRIBUTION INCREASES
The Trustees' authority shall include the right to adjust the contribution rates to support the benefit plans offered by the Trust and to
maintain adequate reserves to cover any extended eligibility and the Trust's contingent liability.
The parties recognize that it is the intent of the Trust not to provide employee benefit plans for less than the full cost of any such plan. If
the Collective Bargaining Agreement does not provide a mechanism for fully funding the designated benefit plans, the Board of Trustees
may substitute a plan then available that is fully supported by the employer's contribution obligations. The disposition of any excess
employer contributions will be subject to the collective bargaining process.
ACCEPTANCE OF TRUST AGREEMENT
The Employer and the Labor Organization accept and agree to be bound by the terms of the Trust Agreement governing the Trust, and
any subsequent amendments to the Trust Agreement. The parties accept as their representatives for purposes of participating in the Trust
the Trustees serving on the Board of Trustees and their duly appointed successors.
Provided, however, that in the event that either Section 2 or 3 of Article VIII of the Trust Agreement is amended to change or modifY an
Employer's liability as specified therein, such amendment will not be deemed applicable to an Employer until such time as the Employer
enters into a successor Collective Bargaining Agreement after the expiration of the Employer's then current Collective Bargaining
Agreement.
I APPROVAL OF TRUSTEES
This Agreement has been approved by the Bo
AdministratIve Agent
Washington Teamster Welfare Trust
Date