Loading...
HomeMy WebLinkAbout5.261 Original Contract AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND TEAMSTERS UNION LOCAL #589 COMMUNICATIONS/SUPPORT UNIT JANUARY 1, 1997 - DECEMBER 31, 1999 5. ~tJJ I TEAMSTERS LOCAL #589 NON-SWORN UNIT COLLECTIVE BARGAINING AGREEMENT TABLE OF CONTENTS ARTICLE I - General Provisions Section A - Purpose Section B - Full Understanding, Modification, and Waiver Section C - Recognition Section D - Savings Clause Section E - Non-Discrimination ARTICLE II - Rights of Parties Section A - Management's 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 - Layoff Procedures ARTICLE III - Working Conditions Section A - Hours of Work Section B - Response Time Section C - Relatives Working in the Police Department Section D - Work Stoppage ARTICLE IV - Compensation Section A - Wages Section B - Overtime Compensation Section C - Call-Back Compensation Page No. 1 1 2 2 2 3 3 4 5 5 5 6 6 7 9 10 10 10 12 13 14 ARTICLE IV - Compensation (Con't) Page No. Section D - Compensatory Time Accrual Section E - Tuition Reimbursement Section F - Uniforms Section G - Higher Class Pay Section H - Communications Officer Training Pay Section I - Stand-By Pay 14 15 15 16 16 16 ARTICLE V - Paid Leave Time Section A - Vacation Section B - Sick Leave Section C - Holidays Section D - Family Leave 17 18 20 21 ARTICLE VI - Health Benefits 25 ARTICLE VII - Grievance Procedure 26 ARTICLE VIII - Duration of Agreement 31 TEAMSTERS LOCAL #589 COMMUNICATIONS/SUPPORT UNIT COLLECTIVE BARGAINING AGREEMENT ARTICLE I - GENERAL PROVISIONS Section A - Purpose This Agreement, entered into by the City of Port Angeles, hereinafter referred to as the City, and the Teamsters Union, Local #589, hereinafter referred to as the Union, has as its purpose the setting forth of the full and entire understanding of the parties regarding the matters set forth herein, reached as the result of negotiations regarding wages, hours, and other terms and conditions of employment of employees covered by this Agreement. Section B - Full Understanding, Modifications, and Waiver 1. This Agreement sets forth the full and complete agreement of the parties regarding the matters set forth herein, and any other prior or existing agreement by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. 2. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right and agrees that the other shall not be required to negotiate with respect to any subject or matter covered herein, or with respect to any other matters within the scope of negotiations, during the term of this Agreement. 3. No agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions of this Agreement shall be binding upon the parties unless made and executed in writing by the parties hereto. 4. The waiver of any breach, term, or condition of this Agreement by either party shall not constitute a precedent in future enforcement of terms and provisions of this Agreement. 5. The City may not enter into a separate agreement with an employee which is inconsistent with this Agreement. -1- Section C - Recognition: The City recognizes the union as the exclusive bargaining representative for purposes of establishing wages, hours, and conditions of employment. The terms and conditions set forth herein shall apply to regular full-time and regular part-time employees in the following classifications: * Animal Control Officer Communications Officer Police Records Supervisor Warrant Entry Clerk * Parking Enforcement Officer Communications Supervisor Police Records Specialist * * * * * Regular full-time is defined as a position authorized and budgeted to work 2,080 hours per year and are eligible for benefits. Regular part-time is defined as a position authorized and budgeted to work 1,040 hours per year (20 hours per week) and are eligible for benefits. Excluded from this Agreement, and ineligible for any benefits, are temporary, seasonal, or other part-time employees of the Police Department. Work performed by employees excluded from the bargaining unit shall not be deemed to constitute bargaining unit work The Union agrees to provide, in writing, the name of the shop steward and such notice and any changes thereto shall be provided to the Human Resources Manager. Section D - Savings Clause The City and the Union agree that should any portion of this Agreement be contrary to present or future State or Federal laws, both parties agree to mutually resolve the conflicts. Neither the City nor the Union shall be penalized or hold the other party responsible for conflicts which might arise. Any new provisions shall have no effect on the remaining provisions of this Agreement. Section E - Non-Discrimination The City and the Union agree that they will not discriminate against any employee by reason of race, creed, age, color, sex, national origin, religion, handicapped status, or marital status. -2~ ARTICLE II - RIGHTS OF PARTIES Section A - Management's Rights The City and its management representatives shall retain all customary rights, powers,' functions, and authority normally reserved by management consistent with State law, local ordinances, and Department rules and regulations. This management rights section does not give Management the right to change or modify the existing negotiated contractual language of the Agreement. The Management rights shall include but not be limited to the following: 1. The City retains its rights to manage and operate the Department except as may be limited by an express provision of this Agreement. 2. Set standards of service, establish Department policy/ procedures, work rules/regulations, safety procedures, and personnel policies and procedures. 3. Select, increase, diminish or change equipment, vehicles, machinery, etc., including the introduction of any and all new, improved or automated methods or equipment. 4. Assign work and establish work schedules. 5. Engage in all types of personnel transactions and disciplinary proceedings in accordance with established ordinances and rules, and Department Policy and Procedures Manual. 6. Effect a reduction in authorized positions because of a lack of work, fiscal limitations, organizational changes, or other legitimate reason. 7. Determine the number and classifications of personnel. 8. Take any action necessary to carry out its mission in an emergency. Section B - Union Security 1. It shall be a condition of emplOYment that all employees covered by this Agreement who are members of the Union in good standing on the execution date -3- Article II, Section B - Union Security (Con't) of this Agreement shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its execution date shall by the thirtieth (30th) day following initial hire, become and remain members in good standing in the Union, or in lieu thereof, pay each month a service charge equivalent to initiation fees and Union dues, paid to the Union, toward the administration of this Agreement. If objections to joining the Union are based on bona fide religious tenets and the employee objects to joining the Union because of such beliefs, the employee shall pay an amount of money equivalent to initiation fees and Union dues to a non- religious charity or to another charitable organization mutually agreed upon by the employee and the Union. The employee shall furnish written proof to the Union that such payment has been made. If the employee and the Union do not reach agreement on the organization, the Public Employment Relations Commission shall designate the charitable organization. 2. The Union agrees that membership in the Union will not be denied or terminated for any reason other than the failure of the employee covered by this Agreement to tender the initiation fee, Union dues, or service charge. The parties agree that if an employee fails to fulfill the obligation in (1) above, the Union shall provide the employee and the City with thirty (30) days' notification of the employee's failure to comply with this Section and during this period, the employee shall make restitution in the amount which is due or the City shall terminate employment. 3. The City shall notify the Union of new employees within thirty (30) days of employment. 4. Indemnification Clause: The Union agrees to indemnify and hold the City harmless from any liabilities of any nature which may arise as a result of the application of this Article. Section C - 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. -4- Article II, Section C - Payroll Deductions (Con't) 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 Agreement is different, wages, hours, holidays, sick leave, vacation and related working conditions shall be in accordance with the current City Personnel Policies and Procedures and Salary Ordinance. Personnel benefits in the Personnel Resolution shall not be changed during the life of this Agreement, except changes in related working conditions which shall be negotiated with the Union. Section E - Record Keeping A time system shall be used in keeping a Departmental record of overtime and time off and the data in the record system is to be available to the employees. Section F - Personnel Records The City and the Union recognize that the employee's official personnel file relative to any personnel actions (Le., promotion, disciplinary actions, performance evaluations, pay status, etc.) shall be kept and maintained in the Human Resources Office. Departments may keep and maintain employee personnel files but such information in the Department files shall not be used relative to taking personnel actions, unless such information is also contained or referenced in the official personnel file. Any employee may review hisfher 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. -5- Article II, Section F - Personnel Records (Con't) Whenever a Department Head places information concerning the employee in the official personnel file, a copy will be provided to the employee. If such information is the result of disciplinary action or an unsatisfactory performance evaluation, the employee may submit a rebuttal which shall be made part of the employee's personnel file. Such a response by the employee shall be within thirty (30) working days of receipt of the disciplinary action or performance evaluation and be of reasonable length. Section G - Labor-Management Committee In the interest of developing mutual trust and open communication between the parties and improve employee/employer relations, the parties agree to establish a labor- management committee to meet at times as mutually agreed upon. The members of this Committee for the City shall be the City Manager, the Human Resources Manager, the Police Chief, and others as needed. The members of this Committee for the Union shall be the respective business agent for the Local and two employees from the bargaining unit, and others that may need to attend who are affected by an issue under discussion. Attendance by other employees is permitted as long as staffing needs are adequately met and with approval of the Department Head. Section H - Police Department Employee Bill of Rights Employees covered by this Agreement shall be entitled to the protection of the Port Angeles Police Department Employee Bill of Rights for disciplinary actions. 1. Prior to an employee being questioned relative to a possible disciplinary matter, the employee will be apprised of the issue and the nature of the complaint or issue under investigation. The employee shall be provided with written notice in advance of any disciplinary actions (excluding verbal or written reprimands). The written notice shall include specific charges, citing the alleged violation of a rule/regulation, etc., and an opportunity to respond to the charges. 2. Any questioning of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the circumstances of the investigation dictate otherwise. When practicable, such questioning shall be scheduled during the day time. -6- Article II, Section H - Employee Bill of Rights (Con't) 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 attomey(s) or representative(s) of his/her own choosing before being questioned, who may be present during questioning. 4. The questioning shall not be overly long and the employee shall be entitled to such reasonable intermissions as he/she shall request for personal necessities, meals, telephone calls, and rest periods. 5. The employee shall not be subjected to offensive language nor be threatened as a guise to attempt to obtain his/her resignation. No promises or rewards shall be made as an inducement to answer questions. 6. No employee covered by this Agreement shall be required to take or be subjected to a lie detector or similar test as a condition of continued employment. 7. This Police Department Bill of Rights applies to disciplinary actions and related investigations and excludes cases of criminal investigations. Section I - Layoff Procedures The City may layoff employees where there are changes in service levels, reorganization, a position is abolished, lack of funding, or other reason requiring a reduction in the work force as determined by the City. An employee laid off shall receive a minimum of two calendar weeks' written notice prior to the effective date of the lay-off. Order of Lay-Off: The order of lay-off shall be by classification by Department. Temporary employees followed by probationary employees will be laid off prior to regular full-time employees. Employees who have held status in the Police Records classifications and Communications Officer class and are laid-off shall be on the reinstatement list for both classes. When any employee is hired off a reinstatement list, he/she must meet the qualifications for the position. -7- Article II, Section I - Layoff Procedures (Con't) An employee's accrued vacation and comp time shall be paid off upon being laid off. Sick leave accrual shall be held in abeyance and if the employee is reinstated, he/she shall retain the sick leave accrual on the books when laid off. Also, the employee's service credit shall remain, less the time spent on the lay-off list. "Bumping Rights" shall apply for employees holding regular status in the affected classification. The least senior employee shall be laid off first. The reinstatement list shall be used prior to the Civil Service eligible list for filling vacant positions. If an employee refuses a job offer, his/her name shall be removed from the reinstatement list. The employee's name on the reinstatement list shall be valid for a period of twenty-four (24) months. An employee re-hired from the reinstatement list shall be placed at the salary range and step held by the employee prior to being laid off, using the salary schedule in effect at the time of re-hire. If re-hired into a different classification than when laid off, the salary shall be determined by the Department Head within the established salary range for the class. It shall be the responsibility of the laid off employee to keep his/her address current with the City. If a position becomes available, the City will send notice to the employee at the last address of record, and if the employee fails to respond to such notice within ten (10) calendar days, the employee's name will be removed from the reinstatement list for future consideration, unless a valid reason exists for such failure to respond, as determined by the City. -8- ARTICLE III ~ WORKING CONDITIONS Section A - Hours of Work 1. Work Week: The work week shall be established for all bargaining unit employees as Monday through Sunday. The work schedule shall be 40 hours, consisting of five consecutive days on duty and two consecutive days off duty, except during scheduled shift rotation when a 14-day consecutive day transition period shall be established. The transition period will permit schedules to be modified to accommodate the shift change. All full-time employees will maintain a 40 hour work week during the transition period. Additionally, during the transition period any employee who works 4 or 5 consecutive days with only I day off shall receive overtime on the next working day. Not withstanding the other sections of this article, the City may, following consultation with the Union, implement a four (4) day, forty (40) hour work week, overtime shall be paid for any hours worked in excess of ten (10) hours per day or forty (40) hours per week. Employees working this schedule shall have three (3) consecutive days off. 2. Assignment of employees to shifts and the setting of starting times for all shifts shall remain within the rights of the City. 3. Employees shall be assigned to either an eight (8) hour or nine (9) hour work shift. The Communications Officers (excluding the Communications Supervisor) shall be assigned to an eight (8) hour shift. The eight (8) hour shift shall be eight (8) hours on duty, to include a half-hour on-call lunch break. The nine (9) hour shift shall be eight (8) hours of duty with a one-hour lunch break where the employee will not be on call. A shift rotation schedule will be set up which will allow for employees to have an opportunity to move from one shift to another, based upon agreed criteria. The Supervisor shall determine the time during the employee's shift when the meal period is granted. 4. Seven days' advance notice will be provided prior to an employee being assigned a change in his/her regularly scheduled shift, except in cases of an emergency. Those hours worked outside of the regularly scheduled shift, without 7 days advance notice, shall be paid as overtime. Those hours worked during the regular scheduled shift shall be paid at straight time. -9- Article III, Section A - Working Conditions (Con't) 5. The City shall allow two (2) IS-minute rest periods, one in the first half and one in the second half of the work shift. Such rest periods may not be permitted if Departmental operations would be affected. Rest periods, if not tal<.en as approved by the supervisor shall not be accrued and taken beyond the current shift. 6. The City and the employees, through the Labor/Management Committee, shall continue investigating the implementation of alternative work schedules, subject to available funding. Section B - Response Time An employee subject to call-back shall reside within an area from where he/she can drive to the Police Department Building within thirty (30) minutes after being called. Computation of time shall be made, considering the drive to be made within the normal speed limits. Section C - Relatives Working 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 mal<.e a reasonable effort to change shifts of the individuals affected. However, the City reserves the exclusive right to terminate, transfer, or re-assign one of the individuals involved, if necessary, to resolve operational or personnel problems in managing the Department. Prior to terminating an employee because of this policy, the City shall make reasonable effort to transfer the individual to another position. The Union reserves the right to be consulted prior to any decision on this matter. Section D - Work Stoppages, 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. -10- Article III, Section D, Work Stoppages (Con't) It is further understood that employees who engage in any such actions as noted above shall be subject to any disdplinaI)' action as may be determined by the City. Employees shall be held responsible for any finandallosses suffered by the City as a result of such work actions. -11- ARTICLE IV - COMPENSATION Section A - Wages 1. Effective January 1, 1997, the following salary applies (an increase of 2.5% over 1996 wages): Bi-Weeldy/Monthly Steps 1 2 3 4 5 6 Communications 922.81 968.60 1017.15 1067.33 1120.83 1177.11 Officer 1,999 2,099 2,204 2,313 2,428 2,550 Communications 1183.17 1241.64 1304.52 1370.16 Supervisor 2,564 2,690 2,826 2,969 Police Records 1183.17 1241.64 1304.52 1370.16 Supervisor 2,564 2,690 2,826 2,969 Police Records 871.53 915.09 960.87 1008.87 1059.05 Specialist 1,888 1,983 2,082 2,186 2,295 Animal Control 939.91 987.34 1036.99 1087.74 1142.35 1199.72 Officer 2,036 2,139 2,247 2,357 2,475 2,599 Parking Enforcement 811.39 856.62 906.82 946.53 989.02 1039.21 Officer 1,758 1,856 1,965 2,051 2,143 2,252 Warrant Entry Clerk 775.31 814.08 854.77 897.50 942.37 1,680 I ,764 1,852 1,945 2,042 Salaries for 1998 will remain unchanged from the 1997 salary schedule. The Union agrees to a -0. increase for 1998. Effective January 1, 1999, the employees shall recieve a cost-of-living increase equal to 90% of the Seattle CPI-W Index (second half series published in February of each year). -12- Article IV, Section A - Wages (Con't) Additionally, a special salary adjustment will be applied as follows: Effective January 1st 1999 2000 Communications Records/W arrant Clerk Animal Control Officer Parking Enforcement Of cr. 2.5% 3.5% 3.0% 3.0% 2.5% 3.5% -0- -0- Section B - Overtime Compensation 1. Overtime hours are those hours which the employee is compensated in excess of forty (40) hours in the work week, or eight (8) hours in the work day, or 10 hours in a day if on a 10/4 schedule. Employees working during the change to daylight savings time shall receive compensation for the extra hour worked if the hours actually worked exceed eight hours. Employees working during the change to standard time shall have one hour deducted from the work day if the scheduled work day is less than eight hours. 2. Overtime hours worked shall be paid at the rate of time and one-half the employee's regular rate of pay for hours worked outside the regularly scheduled work shift. 3. Overtime pay shall not be compounded with any other form of premium compensation, excluding higher class pay, paid to the employee. 4. Overtime work is a condition of employment when called upon to meet the operational needs of the Department. Overtime shall be offered on the basis of descending seniority and assigned on the basis of ascending seniority. 5. Time or service on the employee's scheduled days off, with no change in the work schedule, shall constitute overtime. 6. If an employee is required to report to a shift with less than twelve (12) hours rest, the employee shall earn pay at the overtime rate until such a rest period is granted. This subsection shall not apply whenever an employee is deprived of the twelve (12) hours rest period as a result of a change of work hours at his/her own request. -13- Article IV, Section B- Overtime Compensation (Con't) 7. Personal requests for a change or trade of shift must be approved by the Communications Manager. The City shall not be obligated to provide overtime or additional compensation to the affected employees for overtime incurred resulting from a requested 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 shift. Section C - Call-Back Compensation An employee on off-duty status who is called back to duty will be credited with a minimum of two (2) hours of overtime and paid at the rate of time and one-half for his/her regular rate of pay. If employees are required to work longer than two hours, the employee will be paid overtime for the hours worked. Court attendance shall be considered "call-back" for the purposes of application of this Section, unless such times falls within the employee's normal work schedule. Section D - Compensatory Time Accrual 1. An employee who is assigned to work overtime may, at the option of the employee, receive either cash or compensatory time for such overtime hours, subject to the conditions of this Section. An employee will be allowed to accumulate and maintain up to sixty (60) hours in his/her comp time bank for overtime hours worked. If an employee uses a portion of this comp time accrual, he/she may re-accumulate back to sixty (60) hours. Overtime hours worked in excess of this amount will be paid for in cash at the overtime rate of pay. Employees assigned to work overtime may request compensatory time in lieu of pay at the rate of time and one-half for the overtime hours worked, calculated to the nearest 30 minutes. 2. An employee on compensatory time off shall be deemed to be on leave with pay status. 3. Any compensatory time credits which have been actually taken by an employee shall be included in computing the hours of his/her work week. 4. An employee who notifies the Police Chief or his designee promptly and substantiates to the satisfaction of the Police Chief that he/she was sick on a scheduled day of compensatory time off, may request that a day of sick leave be taken rather than the previously scheduled comp time. -14- Article IV, Section D - Comp Time Accrual (Con't) 5. Use of compensatory time shall be by mutual agreement between the employee and the supervisor, with the understanding that the employee will not be allowed to use comp time if a replacement employee would be on scheduled overtime. 6. The Department Head or employee's supervisor shall mal(e reasonable efforts to accommodate a request for compensatory time off when made at least seven days, but not more than thirty days, in advance. The thirty day limitation shall not apply if the compensatory time is to be used in conjunction with vacation time or involves a minimum of five consecutive compensatory days off. Section E - Tuition Reimbursement 1. To encourage and improve proficiency of the employees, the City encourages the taking of job-related educational courses with the approval of the Department Head. 2. The City will reimburse 75% of the tuition, fees, and book costs of courses that have been successfully completed. If partial assistance is furnished by another agency, the City shall provide 75% of the unfunded portion remaining. In any case, the City's share will not exceed 75% of the total schooling costs. In itemizing costs, an employee shall not include his/her time as a reimbursable expense. 3. Nothing in this Section will interfere with the responsibility of the Department Head to require attendance at training seminars or other job-oriented training courses necessary to perform their duties. These shall be paid in full by the City. Section F - Uniforms 1. The Animal Control Officer and Parking Enforcement Officer are required to wear a uniform as determined by the City, provided by a quartermaster system. The specific uniform is provided for in the Police Department Policy and Procedures Manual. 2. For the Communications Officers and Communication Supervisors, the City agrees to provide up to 6 approved-style shirts and emblem as determined by the Police Chief. 3. In the event the City requires bullet-proof vests for the Animal Control Officer and Parking Enforcement Officer, the cost of the vest shall be paid for by the City. Replacement schedule of the vests and selection of the vests shall be determined by the Police Department. -15- Article IV, Section F - Uniforms (Con't) 4. The employee agrees to maintain and repair his/her uniform and have all items available for inspection upon reasonable notice. 5. All articles purchased by the City will be the property of the City and will be returned prior to leaving City service (Le., retirement, termination, etc.). Section G - Higher Class Pay When an employee is assigned to work in a higher classification for two (2) or more consecutive hours, the employee shall be paid higher class pay at the "A" step of the higher class, unless the pay is less than 5%, in which case the employee shall go to "B" step of the range for the duration of the assignment, calculated to the nearest 30 minutes. An employee may be assigned to a higher classification or Relief Supervisor position in accordance with the Police Department's Policy and Procedures Manual. Section H - Communications Officer Training Pay When a Communications Officer is assigned to train a new Communications Officer, the employee shall receive $5 training pay for each eight-hour shift involved in familiarizing the new employee with the job. Section I - Stand-By Pay 1. Stand-by hours are those hours in which the Police Department requires an employee to remain "on-call" for possible work outside his/her normal work schedule, when assigned by a supervisor. The employee on stand-by shall be required to wear a paging device or carry a portable radio (as determined by the City) to be reached when needed, and/or remain within the range of the pager/radio or telephone. 2. Stand-by Compensation: An employee assigned to be on stand-by shall receive $7 per 24-hour day or $50 for a full week (7 days of stand-by). -16- ARTICLE V - PAID LEAVE TIME Section A - Vacation Vacation leave shall accrue to each employee covered by this Agreement, as follows: Annual Hrs. Accrual Days Per Year Max. Accrual Hours 1 - 5 continuous years of City service 80 10 248 6 - 10 continuous years of City service 120 15 328 11 - 15 continuous years of City service 160 20 408 16 - 20 continuous years of City service 200 25 488 21 & over continuous years of City service 240 30 568 Vacation may not be taken until completion of six months' service. Thereafter, accrued vacation may be taken upon proper authorization, per Department procedures. Requests for vacation shall be made in advance, subject to Supervisory approval. The maximum accrual of vacation is noted in the chart above, based upon years of City service. Employees shall be paid for unused accrued vacation at their final base hourly rate (Le., straight time) upon leaving City service. Vacation shall not be paid for if a probationary employee fails the probationary period. Vacation and holiday time shall be recorded together for purposes of paid leave and bidding of time off. Time taken first shall be considered holiday time until 88 hours are used, and thereafter, the paid leave shall be considered vacation. This method is used in the event an employee leaves City service to reconcile holiday and vacation time. -17 - Requests for Vacation/Holiday Time: The Police Department shall establish bidding procedures for vacation and holidays, per Department policies or internal memorandum. City employees on the paYroll as of May 1, 1991, shall, by seniority, have first pass bid privilege for the 88 hours of holiday time. Then the employees on the dovetailed seniority list formed by consolidation shall commence vacation bidding. For purposes of bidding vacation time off, total seniority shall apply, with City and County employees' total years of service merged into one seniority list. The parties further agree that the maximum number of vacation hours an employee under PERS I may be paid off upon retirement (normal or disability) shall be 240 hours. Any vacation hours accrued but unused beyond the 240 hours shall be scheduled prior to such retirement. If an employee has prior approval for vacation and is called back to work once his/her vacation has started, the employee will be compensated at the overtime rate of pay for the time which interfered with scheduled vacation. Section B - Sick Leave 1. The use of sick leave benefits is considered a privilege and not a right, and may only be used in the event of actual illness or disability to the employee or family members as provided for in this Agreement. 2. Sick Leave Accrual. Sick leave shall accrue at the rate of 3.69 hours per pay period for all employees covered by this Agreement, except LEOFF I covered employees, who shall accrue at the rate of 1.85 hours per pay period. The maximum accrual of sick leave credits shall be limited to 150 days (1,200 hours). 3. Notification Requirements. An employee requesting sick leave usage must provide the proper notice as established in the Police Department Policy and Procedures Manual. When sick leave extends to three or more consecutive days, the employee may be required to provide proof of illness from a medical doctor if the request is made before the employee returns to work. Misuse of sick leave shall be considered cause for disciplinary action. -18- Article V, Section B - Sick Leave (Can't) 4. Use of Sick Leave. Sick leave may be used for the following: a. Illness or injury to the employee, on or off the job, resulting in an inability of the employee to perform his/her work. b. Illness/injury to the employee's immediate family requiring the attendance of the employee to medically care for the family member. Proof of this medical need may be requested by the City in the form of a doctor's verification. Such sick leave is limited to three days per incident, unless specifically approved by the Police Chief. "Immediate Family" for sick leave and bereavement leave benefits shall include only persons related by blood or marriage or legal adoption, which includes parent, wife, husband, brother, sister, child, grandparents or grandchild, and any relative living in the employee's household. Employees on approved sick leave will continue to accrue sick leave. c. Bereavement Leave: Sick leave may be used for purposes of grieving the death of a family member. Bereavement leave shall be limited to not more than three consecutive days per instance, unless specifically approved by the Police Chief. d. Maternity Leave: Illness/disability resulting from pregnancy, miscarriage, or childbirth shall be charged to sick leave and then, if necessary, to vacation accrual. Upon expiration of paid leave (sick leave, vacation, holiday time, etc.), an employee may request a maternity leave of absence without pay. Maternity leave of absence shall not exceed six (6) months, including all paid or unpaid leave, except if determined medically necessary and certified by a physician. e. Payment of Unused Sick Leave: The City shall pay 20% of accumulated sick leave upon retirement (normal or disability) or death of the employee after completion of ten (10) or more consecutive years of service. Payment of such sick leave shall be calculated at the employee's base rate of pay. -19- Section C - Holidays 1. PENCOM Employees: a. Each employee shall, on January I st of each calendar year, receive 88 hours of holiday time (ten holidays and one floating holiday). Holiday time is credited to the vacation accrual for the purpose of record-keeping. Employees hired during the year shall receive a pro-ration of the 88 hours of holiday time based upon the number of holidays remaining in the calendar year. b. Each employee shall, on the first pay period in December, receive a "holiday paYment" consisting of forty hours of straight time pay at the employee's current rate of pay, representing the overtime portion of the ten contractual holidays, excluding the floating holiday. c. Employees who terminate during the calendar year shall have their holiday time and holiday pay reconciled, if necessary, from a vacation payoff and/or final compensation. Holidays may not be cashed out if unused. d. Use of holiday time shall be by mutual agreement between the employee and the supervisor. e. If an employee has prior approval from the supervisor for holiday time and is called back to work once his/her holiday time has started, the employee will be compensated at the overtime rate of pay for the time which interfered with scheduled holiday time. 2. Employees in Records, Warrant Entry Clerk, Animal Control, and Parking Enforcement: a. Employees who are assigned to Records, Animal Control, or Parking Enforcement shall observe the following contractual holidays: New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas One Floating Holiday -20- Article V, Section C - Holidays (Con't) b. When a holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday. c. If an employee works on a holiday named above, the employee will be paid at the overtime rate of payor comp time for the hours worked on the holiday. Section D - 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 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. -21- Article V, Section D - Family Leave (Con't) Maintenance of Benefits: During periods of family leave, the City vvill maintain employee and dependent coverage under the health plan under which the employee was enrolled at the time leave commenced and shall make premium payments at the same level as were made prior to leave commencement. Should the employee fail to return to work at the conclusion of authorized family leave, the City shall recover any premiums paid for maintaining health coverage under this section, unless the reason is the ,continuation, onset, or recurrence or a serious health condition, or other circumstances beyond the employee's control. Spouses employed by the City are entitled to a combined total of 12 work weeks of family leave for the birth or placement of a child for adoption or foster care, or to care for a child or parent, but excluding a parent-in-law, who has a serious health condition. Medical Certification Required: Each employee requesting family leave shall make application on an approved City application form and provide a certification from the attending physician. Submission of the medical certification should be made at the time of application but shall be submitted no later than 15 calendar days after application is made. Failure to provide the medical certification vvithin the required 15 days after application, when the leave was foreseeable, shall be cause to deny family leave until such time as an acceptable medical certificate is provided to the City. If the validity of the claim is disputed or unclear, the City may require the employee to obtain a second opinion by a provider of the City's choice and at the City's expense. In the event of a dispute between the two providers, the City may require an opinion of a third provider jointly selected by the employer and the employee, the cost of which shall be borne by the City. The opinion of the third party shall be binding. Approval of Family Leave: All requests for family leave require the approval of the employee's Department Head and the Human Resources Manager. An employee planning to take family leave shall complete the request for a leave of absence and provide their Department Head and immediate supervisor vvith written notice thirty (30) days in advance of the anticipated date of delivery or placement for adoption or foster care, stating the dates the employee intends to take family leave, unless exempted as follows: 1. The birth is premature; 2. The mother is incapacitated due to birth so that she is unable to care for the child; -22- Article V, Section D - Family Leave (Con't) 3. The employee takes custody of the newly adopted child or child placed for foster care at an unanticipated time and is unable to give thirty (30) days advance notice. 4. The Department Head, employee's supervisor, and employee agree to notice of less than thirty (30) days. Subject to # 1 below, an employee who exercises any right provided under this section shall be entitled, upon return from leave or during any reduced leave schedule: 1. To the same or equivalent position and salary as was held by the employee when the leave commenced; or 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's position is eliminated by a bona fide restructuring, or reduction-in- force; or 2. An employee on family leave takes another job. The City may elect to designate up to ten percent (10%) of its "highly compensated" salaried personnel to be exempt from reinstatement from the FMLA, and the employer shall notify the affected employee of this action and its consequences at the time the employee makes a request for the leave of absence. Family leave for birth, or adoption or placement for foster care, may only be used in full work week units and may not be used on an hourly basis or on a single day usage basis unless intermittent leave is requested by the employee and approved by both the Department Head and Human Resources Manager. Only the actual number of hours taken will be subtracted from the employee's annual family leave entitlement. Legal holidays occurring during the week of family leave will not extend the total number of weeks of family leave available. -23- Article V, Section D - Family Leave (Con't) 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. -24- ARTICLE VI - HEALTH BENEFITS Section A - Medical, Dental, Vision Coverage During the term of this Agreement, the City agrees to fund the monthly premium for the Teamsters Dental Plan "E", Teamsters Vision Plan, and Teamsters Medical Plan JC28XL. Section B - Life Insurance The City agrees to provide $5,000 term life insurance for the employee and $1,000 term coverage for the spouse of the covered employee. As part of the life insurance coverage, Accidental Death and Dismemberment (AD&D) coverage is also provided by the City. Section C - Employee Assistance Program: The City agrees to provide an Employee Assistance Program for the term of the Agreement. -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 administrators; to assure fair and equitable treatment of employees; to resolve grievances at the departmental level before appeal to higher levels. Section B - Definitions The following terms, as used in this Article, shall have the following meaning: Grievance: A complaint by an employee or a Union representative concerning the interpretation or application of this Agreement. A grievance may be filed when the employee believes an injustice has been done because of unfair application of a policy or an alleged violation of any term or condition of this Agreement. Working Day: Exclusive of Saturday, Sunday, and legal holidays. Employee: Any employee of the classified service of the City of Port Angeles Police Department. Immediate supervisor: The person who assigns, reviews, or directs the work of an employee. Division 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. -26- Article VII, Section C - Exclusions (Con't) 2. Appeals involving demotions, dismissals, incremental denials, suspensions, promotions, separations, and examining procedures. (These matters are within the Civil Service Commission's authority.) Dismissals pursuant to Article III, Section C, are subject to this grievance procedure if Civil Service Commission denies hearing the employee's appeal. 3. Work performance evaluations. 4. Impasses in collective bargaining. 5. Grievances filed after twenty (20) working days from date of occurrence, or after twenty (20) working days from the date the employee had knowledge of an occurrence. Section 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' Rights and Restrictions 1. A party to the grievance shall have the right to record a formal grievance meeting at the expense of the requesting party. 2. An employee may have a representative present at all steps of the grievance procedure. 3. Reasonable time in processing a grievance will be allowed during regular working hours for the shop steward, with advanced supervisory approval. 4. Nothing within this grievance procedure shall be construed as limiting the right of management to manage the affairs of the City. -27- Article VII, Section E - The Parties' Rights and Restrictions (Con't) 5. Grievances of an identical nature, involving an alleged violation of the same Article, Section, etc., concerning the same subject matter, may be consolidated. 6. Confidential Communication. Any communication between a member of the Union and any recognized Union representative regarding a potential or actual employee grievance will be defined as confidential. 7. The Union, as a representative, may file a grievance alleging that the City has violated specific rights afforded the employees covered by the Agreement. Such grievance shall be filed directly at Step 2 (Department Head level), and shall be bound by the time limitations and procedures set forth in the grievance procedure. Section F - Informal Grievance Disposition Within twenty (20) working days from the occurrence of the incident on which a complaint is based, or within twenty (20) working days from the employee's knowledge of the occurrence, the employee will promptly and verbally meet to 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 five (5) days of the meeting, or if the employee is not satisfied with the decision, the employee may utilize the formal grievance procedure. Section G - Formal Grievance Procedure Step 1 The formal grievance procedure shall be initiated by the employee, stating the nature of the grievance, the alleged violation by section or number, and the desired solution, in writing on the City grievance form, together with any supporting documents attached to the grievance form. The grievance form may not be used as long as the pertinent information is submitted by letter. The grievance form and any supporting documents shall be delivered to the supervisors with whom the informal meeting was held, no later than fifteen (15) 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 -28- Article VII, Section G - Formal Grievance Procedure (Con't) desired solution, and discuss the proper appeal procedure. The supervisor will issue a written decision on the original grievance form within five (5) days of the close of the formal meeting. Step 2 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/her representative, if requested, within ten (10) days from the date of the appeal receipt, and attempt to settle the grievance. A decision shall be made, in writing, on the original grievance form, to the employee by the Department Head within ten (10) days from the close of the formal meeting. Step 3 If the employee is not satisfied with the decision of the Department Head, he/she may appeal the decision to the City Manager within five (5) working days from receipt of the Department Head's decision. In his/her appeal to the City Manager, all supporting documents must be attached to the grievance form, together with the grievant's reason for appeal and stated remedy requested. The City Manager or his designee will review the original grievance, all supporting documents, the Department Head's response, and the remedy requested, and issue a written decision within ten (10) days of receipt of the grievance. Step 4 - Binding Arbitration If the grievant is not satisfied with the decision of the City Manager, within five (5) days after receipt of the decision, the grievant may submit the grievance to binding arbitration. For purposes of arbitration, the parties agree to use the Federal Mediation & Conciliation Service and request a list of seven names. The selection of the arbitrator shall be by each side striking a name from the list, with the first party to strike a name determined by a coin toss, until only one name remains. In the event the initial list is not satisfactory to either party, a second list of names may be requested. -29- Article VII, Section G - Formal Grievance Procedure (Can't) The cost of the arbitrator shall be divided equally between the City and the Union. Cost for witnesses, court reporter, or other individual expenses shall be borne by the requesting party. The arbitrator shall not have the power to alter, amend, or change any contractual language of the Labor Agreement. -30- ARTICLE VIII - DURATION OF AGREEMENT This Agreement shall be effective January 1, 1997, and shall continue in full force and effect to and including December 31, 1999. Should either party desire to modify or terminate this Agreement, it shall serve written notice at least one hundred and twenty days (120) prior to the expiration of this Contract. IN WITNESS WHEREOF, we hereunto attach our signatures this J 7 t1. day of 11~ ,1997. CITY OF PORT ANGELES TEAMSTERS LOCAL #589 "'C""" e~4. Earl Douglas ush, Jr. Teamsters Sec/freas. ~.r@P--~ effrey . Pomeranz City Manager tk,k/d ~ Thomas S. Thompson Business Representative ~~ Robert Coons / Human Resources Manager Susan Craig Shop Steward ~~C?MZ4:. Steve II <- Police Chief ~~ Linda Reidel Shop Steward fY7~ 1'lJ &~~_, Mike McCawley Shop Steward -31- :5 . C,{(Q I LE'rl'ER OF UNDERSTANDING BETWEEN CITY OF PORT ANGELES and TEAMSTERS LOCAL 1589 It is agreed between the parties Roggenbuck shall be allowed to exceed Compensatory Time as referred in agreement, Article #4, section F. This understanding will only apply while officer Roggenbuck is assigned to the Clallam County Drug Task Force. that Officer Glenn the 88 hour limit for the current labor CITY OF PORT ANGELES TEAMSTERS LOCAL '589 &ns ~~ Bob Coons Human Resources Manager T~~ Business Representative Dated ~/:1Cl/~6 PAPD.S28