HomeMy WebLinkAbout5.261 Original Contract
.
\
5. ~Lo I
CITY OF PORT ANGELES
321 EAST FIFTH ST , POBOX 1150 PORT ANGELES, WASHINGTON 98362
PHONE (206) 457-0411
AGREEMENT BETWEEN
THE CITY OF PORT ANGELES
AND
TEAMSTERS UNION LOCAL #589
COMMUNICATIONS/SUPPORT UNIT
JANUARY 1, 1994 - DECEMBER 31, 1996
.
~,
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
PAGE NO.
1
1
1
2
2
3
3
4
5
5
5
5
6
7
8
8
9
9
.
,
ARTICLE IV - COMPENSATION
Section A - Wages
section B - Overtime Compensation
Section C - Call-Back Compensation
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
ARTICLE V - PAID LEAVE TIME
Section A - Vacation
Section B - Sick Leave
section C - Holidays
section D - Family Leave
ARTICLE VI - HEALTH BENEFITS
ARTICLE VII - GRIEVANCE PROCEDURE
ARTICLE VIII - DURATION OF AGREEMENT
PAGE NO.
10
10
11
11
12
13
13
13
13
14
15
16
17
21
22
26
TEAMSTERS LOCAL #589
COMMUNICATIONS/SUPPORT UNIT
COLLECTIVE BARGAINING AGREEMENT
ARTICLE I - GENERAL PROVISIONS
section A - Purpose
This Contract, entered into by the ci ty 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 Contract.
Section B - Full Understandinq. Modifications. and Waiver
1. This Contract 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 Contract.
3. No agreement, alteration, understanding, variation,
waiver, or modification of any of the terms or provisions of this
Contract 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
Contract by either party shall not constitute a precedent in future
enforcement of terms and provisions of this Contract.
5. The City may not enter into a separate agreement with an
employee which is inconsistent with this Contract.
section C - Recoqnition
The city recognizes the union as the exclusive bargaining
representative for purposes of establishing wages, hours, and
condi tions of employment. The terms and conditions set forth
herein shall apply to regular full-time and regular part-time
employees in the following classifications:
-1-
\
* communications Officer
* Parking Enforcement Officer
* Animal Control Officer
* Communications Supervisor
* Police Records 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 - Savinqs Clause
The City and the Union agree that should any portion of this
Agreement be contrary to present or future State or Federal laws,
both parties agree to mutually resolve the conflicts. Neither the
City nor the Union shall be penalized or hold the other party
responsible for conflicts which might arise. Any new provisions
shall have no effect on the remaining provisions of this Agreement.
section E - Non-Discrimination
The City and the Union agree that they will not discriminate
against any employee by reason of race, creed, age, color, sex,
national origin, religion, handicapped status, or marital status.
-2-
\
ARTICLE II - RIGHTS OF PARTIES
Section A - Manaaement's Riahts
The City and'its management representatives shall retain all
customary rights, powers, functions, and authority normally
reserved by management consistent with state law, local ordinances,
and Department rules and regulations. This management rights
section does not give Management the right to change or modify the
existing negotiated contractual language of the Agreement. The
Management rights shall include but not be limited to the
following:
1. The City retains its rights to manage and operate the
Department except as may be limited by an express provision of this
Agreement.
2. Set standards of service, establish Department policy/
procedures, work rules/regulations, safety procedures, and
personnel policies and procedures.
3. Select, increase, diminish or change equipment, vehicles,
machinery, etc., including the introduction of any and all new,
improved or automated methods or equipment.
4. Assign work and establish work schedules.
5. Engage in all types of personnel transactions and
disciplinary proceedings in accordance with established ordinances
and rules, and Department Policy and Procedures Manual.
6. Effect a reduction in authorized positions because of a
lack of work, fiscal limitations, organizational changes, or other
legitimate reason.
7. Determine the number and classifications of personnel.
8. Take any action necessary to carry out its mission in an
emergency.
Section B - Union Security
1. It shall be a condition of employment that all employees
covered by this Agreement who are members of the Union in good
standing on the execution date of this Agreement shall remain
members in good standing. It shall also be a condition of
employment that all employees covered by this Agreement and hired
on or after its execution date shall by the thirtieth (30th) day
following initial hire, become and remain members in good standing
in the Union, or in lieu thereof, pay each month a service charge
equivalent to initiation fees and Union dues, paid to the Union,
toward the administration of this Agreement.
-3-
\
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
transmi t 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. P~yroll deductions for other authorized withholdings,
noted above, except Union dues, shall be subject to data processing
limitations.
-4-
\
section D - Personnel policv 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.
section E - Record Keepinq
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 (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.
Section G - Labor-Manaqement 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.
-5-
The members of this Committee for the Union shall be the
respective business agent for the Local and two employees from the
bargaining uni t, 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 Riqhts
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.
3. The investigation and questioning of the employee (which
shall not violate the employee's constitutional rights) shall take
place at the Port Angeles Police Department, except when
impractical. The employee shall be afforded an opportunity and
facilities to contact and consult privately with an attorney(s) or
representative(s) of his/her own choosing before being questioned,
who may be present during questioning.
4. The questioning shall not be overly long and the employee
shall be entitled to such reasonable intermissions as he/she shall
request for personal necessities, meals, telephone calls, and rest
periods.
5. The employee shall not be subjected to offensive language
nor be threatened as a guise to attempt to obtain his/her
resignation. No promises or rewards shall be made as an inducement
to answer questions.
6. No employee covered by this Agreement shall be required
to take or be subjected to a lie detector or similar test as a
condition of continued employment.
7. This Police Department Bill of Rights applies to
disciplinary actions and related investigations and excludes cases
of criminal investigations.
-6-
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' wri tten 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.
An employee's accrued vacation and comp time shall be paid off
upon being laid off. sick leave accrual shall be held in abeyance
and if the employee is reinstated, he/she shall retain the sick
leave accrual on the books when laid off. Also, the employee's
service credit shall remain, less the time spent on the lay-off
list.
"Bumpinq Riqhts" shall apply for employees holding regular
status in the affected classification. The least senior employee
shall be laid off first. The reinstatement list shall be used
prior to the civil Service eligible list for filling vacant
positions. 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 .d~ys, 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.
-7-
ARTICLE III - WORKING CONDITIONS
section A - Hours of Work
1. Work Week: The work week shall be established for all
bargaining unit employees as Monday through Sunday.
The work schedule shall be 40 hours, consisting of five
consecutive days on duty and two consecutive days off duty, except
during scheduled shift rotation when a 14-day consecutive day
transition period shall be established. The transition period will
permit schedules to be modified to accommodate the shift change.
All full-time employees will maintain a 40 hour work week during
the transition period. Additionally, during the transition period
any employee who works 4 or 5 consecutive days with only 1 day off
shall receive overtime on the next working day.
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.
5. The City shall allow two (2) 15-minute rest periods, one
in the first half and one in the second half of the work shift.
Such rest periods may not be permitted if Departmental operations
would be affected.
Rest periods, if not taken as approved by the supervisor
shall not be accrued and taken beyond the current shift.
6. The City and the employees, through the Labor/Management
Committee, shall continue investigating the implementation of
alternative work schedules, supject 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.
-8-
\.
Section C - Relatives Workinq in the Police Department
If employees in the Police Department become related through
marriage, or cohabitation, which may result in a problematic,
questionable, or preferential supervisor/subordinate relationship
in the judgment of the Police Chief, the city will make a
reasonable effort to change shifts of the individuals affected.
However, the City reserves the exclusive right to terminate,
transfer, or re-assign one of the individuals involved, if
necessary, to resolve operational or personnel problems in managing
the Department. Prior to terminating an employee because of this
policy, the City shall make reasonable effort to transfer the
individual to another position. The Union reserves the right to be
consulted prior to any decision on this matter.
'.'
Section D - Work Stoppaqes. strikes. or other Concerted Work
Actions
The City and the Union agree that the public interest requires
efficient and uninterrupted municipal services, and to this end,
pledge their support to avoid or eliminate any conduct contrary to
this objective. During the term of this Agreement, the Union and
the employees covered by this Agreement shall not engage in any
work stoppage, strike, work slow-down, sick-out, or any other
concerted activity which may, in any manner, interfere with public
safety, municipal services, or be construed as contrary to the
objective above.
It is further understood that employees who engage in any such
actions as noted above shall be subject to any disciplinary action
as may be determined by the City. Employees shall be held
responsible for any financial losses suffered by the City as a
result of such work actions.
-9-
'-
ARTICLE IV - COMPENSATION
section A - Wages
1. Effective January 1, 1994, the following salary applies
(an increase of 2.7% over 1993 wages):
Bi-Weekly Steps
.1.
~
~
.i
2
Q
Communications
Officer
850.04
892.22
936.94
983.17 1032.45 1084.29
Communications
Supervisor
1089.87 1143.73 1201.65 1262.12
Police Records
Supervisor
1089.87 1143.73 1201.65 1262.12
Police Records
Specialist
802.80
842.93
885.10
929.31
975.54
Animal Control
Officer 865.80
909.49
955.22 1001.96 1052.27 1105.12
Parking Enforce.
Officer 747.41
789.08
835.31 871.89 911.04 957.26
2. Effective January 1, 1995, employees covered by this Agreement
will receive a cost of living increase equal to 90% of the Seattle
Consumer Price Index (CPI) second half series "W" index (published in
February of each year). Effective January 1, 1996, employees covered by
this Agreement will receive the same COLA formula as above , with a
maximum 4% increase.
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. 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 dqy 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.
-10-
.
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 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.
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, or an employee
in Records, Animal Control, Parking Enforcement, and communications
assigned to work on a holiday may, at the option of the employee,
receive ei ther 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.
-11-
,
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.
5. Use of compensatory time shall be by mutual agreement between
the employee and the supervisor, with the understanding that the
employee will not be allowed to use comp time if a replacement employee
would be on scheduled overtime.
6. The Department Head or employee's supervisor shall make
reasonable efforts to accommodate a request for compensatory time off
when made at least seven days, but not more than thirty days, in
advance. The thirty day limitation shall not apply if the compensatory
time is to be used in conjunction with vacation time or involves a
minimum of five consecutive compensatory days off.
Section E - Tuition Reimbursement
1. To encourage and improve proficiency of the employees, the
city encourages the taking of job-related educational courses with the
approval of the Department Head.
2. The City will reimburse 75% of the tuition, fees, and book
costs of courses that have been successfully completed. If partial
assistance is furnished by another agency, the City shall provide 75% of
the 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.
-12-
.
section F - Uniforms
1. The Animal Control Officer, Parking Enforcement Officer, and
Police Records Specialists 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.
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 (i.e.,
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 Traininq 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) .
-13-
.
ARTICLE V - PAID LEAVE TIME
section A - Vacation
Vacation leave shall accrue to each employee covered by this
Agreement, as follows:
Annual Hrs. Days Per Max. Accrual
Accrual Year 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 (i.e., straight time) upon leaving city service. Vacation shall
not be paid for if a probationary employee fails the probationary
period.
Vacation and holiday time shall be recorded together for purposes of
paid leave and bidding of time off. Time taken first shall be
considered holiday time until 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.
Reauests for Vacation/Holiday Time:
The Police Department shall establish bidding procedures for
vacation and holidays, per D~partment 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.
-14-
.
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
Contract.
2. sick Leave Accrual. sick leave shall accrue at the rate of
3.69 hours per pay period for all employees covered by this Agreement,
except LEOFF I covered employees, who shall accrue at the rate of 1.85
hours per pay period. The maximum accrual of sick leave credits shall
be limited to 150 days (1,200 hours).
3. Notification Requirements. An employee requesting sick leave
usage must provide the proper notice as established in the Police
Department Policy and Procedures Manual. When sick leave extends to
three or more consecutive days, the employee may be required to provide
proof of illness from a medical doctor if the request is made before the
employee returns to work. Misuse of sick leave shall be considered
cause for disciplinary action.
4. Use of sick Leave. sick leave may be used for the following:
a. Illness or injury to the employee, on or off the job,
resulting in an inability of the employee to perform his/her work.
b. Illness/injury to the employee's immediate family
requlrlng 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. ~
-15-
.
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.
Section C - Holidavs
1. PENCOM Emplovees:
a. Each employee shall, on January 1st 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.
holiday time
started, the
for the time
If an employee has prior approval from the supervisor for
and is called back to work once his/her holiday time has
employee will be compensated at the overtime rate of pay
which interfered with scheduled holiday time.
-16-
.
2. Emplovees in Records, Animal Control, and Parkinq 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
b. Whan 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 pay for the hours worked
on the holiday.
section D - Familv Leave
1. An eligible employee may take up to twelve (12) work weeks of
family leave during any consecutive twelve (12) month period for:
a. The birth of a child and to care for a newborn child; or
b. Placement with the employee of a child for adoption or
foster care; or
c. 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 caused by injury, disease, illness, or impairment that
involves in-patient care at a medical facility or continuing treatment
by a health care provider; or
d. To care for self, if the employee has a serious health
condi tion that makes the employee unable to perform the essential
functions of the employee's job.
2. Family leave shall include unpaid leave, paid leave,
compensatory time and paid legal holidays, if any. Leave for
childbirth, adgption 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.
-17-
..
3. Eliqibilitv: 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.
4. 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.
5. 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.
6. Medical Evidence Required: Each employee requesting family
leave shall make application on an approved City application form and
provide a letter 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 evidence within the required 15
days after application, and the leave was foreseeable, shall be cause to
deny family leave until such time as the letter from the doctor 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 the 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.
7. Approval of Familv Leave: All requests for family leave
require the approval of the employee's Department Head and the Human
Resources Manager.
8. Serious Health Condition: A "serious health condition" is an
illness, injury, impairment or physical and medical condition requiring:
a. In-patient care in a hospital, hospice, or residential
medical care facility; or
b. Continuing treatment by a health care provider.
-18-
.
~
9. Continuinq Treatment: Continuing treatment by a health care
provider means one or more of the following:
a. The employee or family member is treated two or more
times for the injury or illness by a health care provider; or
b. The employee or family member is treated two or more
times by a provider of health care services (e.g., physical therapist)
under the orders of, or on referral by, a health care provider, or is
treated for the injury or illness by a health care provider on at least
one occasion which results in a regimen of continuing treatment under
the supervision of a health care provider (e.g., course of medication or
therapy) to resolve the health condition.
c. The employee or family member is under the continuing
supervision of, but not necessarily being actively treated by, a health
care provider due to a serious long-term or chronic condi tion or
disability which cannot be cured (e.g., Alzheimer's disease, severe
stroke, or persons in the terminal stages of a disease who may not be
receiving active medical treatment).
10. 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:
a. The birth is premature;
b. The mother is incapacitated due to birth so that she is
unable to care for the child;
c. 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.
d. The Department Head, employee's supervisor, and employee
agree to notice of less than thirty (30) days.
An employee should give at least 14 calendar days notice if
leave taken pursuant to 1-c of this Section is foreseeable and make a
reasonable effort to schedule treatment so as not to unduly disrupt
departmental operations. Failure to give the required notice may result
in the requested leave being reduced by up to three (3) weeks.
11. Subject to Section 12, below, an employee who exercises any
right provided under this Section shall be entitled, upon return from
leave or during any reduced leave schedule:
a. To the same or equivalent position in salary as was held
by the employee when the leave commenced; or
-19-
.
.
b. 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.
12. The entitlements under section 11 above, is subject to bona
fide changes in compensation or work duties, and does not apply if:
a. The employee's position is eliminated by a bona fide
restructuring, or reduction-in-force; or
b. An employee on family leave takes another job; or
c. The employee fails to provide timely notice of family
leave as required under Section 10, or fails to return on the
established ending date of leave.
13. 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 at the time the employee makes a request for the leave of
absence.
14. 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
the 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.
15. 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.
-20-
.
..
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" and Teamster Vision
Plan.
During the term of this Agreement, the medical/prescription drug
coverage for eligible employees and their dependents shall be the
Teamsters JC28XL Medical Plan. The city agrees to fund the monthly
premium effective July 1, 1994, based on June 1994 hours, through
December 31, 1996.
The bargaining unit employees will remain covered under the
Teamsters JC28XL medical plan for the duration of the Agreement. The
premium will be paid by the city, except that if increases in the JC28XL
plan exceed the increases to the AWC Plan A medical plan, the difference
in the increases will be paid by the employees through bi-weekly payroll
deductions. This comparison of increases for 1995 and 1996 will
determine the payroll deductions.
If the AWC Plan A increases exceed the Teamsters JC28XL plan, the
employees will receive the difference in a bi-weekly payment through
payroll.
In comparison of the AWC Plan A rates, the City will calculate the
composite rate for all covered enrollees in Plan A. This monthly
composite rate will be compared to the monthly rate charged for the
JC28XL medical plan. The composite rate is defined as total monthly
premium for all City enrollees divided by the total number of enrollees
in the plan.
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 - Emplovee Assistance Proqram:
The City agrees to provide an Employee Assistance Program for the
term of the Agreement.
-21-
.
'-
ARTICLE VII - GRIEVANCE PROCEDURE
Section A - Obiectives
To informally settle disagreements at the employee-supervisor
level; to provide an orderly procedure to handle the grievance through
each level of supervision; to correct, if possible, the cause of the
grievance to prevent future complaints; to promote harmonious relations
among employees, their supervisors, and departmental administrators; to
assure fair and equitable treatment of employees; to resolve grievances
at the departmental level before appeal to higher levels.
Section B - Definitions
The following terms, as used in this Article, shall have the
following meaning:
Grievance: A complaint by an employee or a Union representative
concerning the interpretation or application of this Agreement. A
grievance may be filed when the employee believes an injustice has been
done because of unfair application of a policy or an alleged violation
of any term or condition of this Agreement.
Workinq Dav: Exclusive of Saturday, Sunday, and legal holidays.
Emplovee: Any employee of the classified service of the City of Port
Angeles Police Department.
Immediate supervisor: The person who assigns, reviews, or directs the
work of an employee.
Division Manaqer: The person to whom an immediate supervisor reports.
Representative: A person who appears on behalf of the employee.
Department Head: The Police Chief of the City of Port Angeles.
Section C - Exclusions
1. Work assignments, unless the complaint arises out of an
allegation that the employee was required to work in violation of
applicable sections of this Agreement.
2. Appeals involving demotions, dismissals, incremental denials,
suspensions, promotions, separations, and examining procedures. (These
matters are within the civil Service Commission's authority.)
Dismissals pursuant to Article III, section C, are subject to this
grievance procedure if civil Service Commission denies hearing the
employee's appeal.
3. Work performance evaluations.
-22-
.
4-
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' Riqhts and Restrictions
1. A party to the grievance shall have the right to record a
formal grievance meeting at the expense of the requesting party.
2. An employee may have a representative present at all steps of
the grievance procedure.
3. Reasonable time in processing a grievance will be allowed
during regular working hours for the shop steward, with advanced
supervisory approval.
4. Nothing within this grievance procedure shall be construed as
limiting the right of management to manage the affairs of the City.
5. Grievances of an identical nature, involving an alleged
violation of the same Article, Section, etc., concerning the same
subject matter, may be consolidated.
6. Confidential Communication. Any communication between a
member of the Union and any recognized Union representative regarding a
potential or actual employee grievance will be defined as confidential.
7. The Union, as a representative, may file a grievance alleging
that the City has violated specific rights afforded the employees
covered by the Agreement. Such grievance shall be filed directly at
Step 2 (D_~partment. Head leyel), 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
-23-
.
~
<1>
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
ini tial 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 and any supporting documents shall be delivered
to the supervisors Jith whom the informal meeting was held, no later
than fifteen (15) wbrking days from the date of the close of the
informal meeting. Tne supervisor shall hold a formal meeting with the
employee to review the facts, gather all supporting documents, discuss
the complaint and qesired solution, and discuss the proper appeal
procedure. The supen-risor will issue a written decision on the original
grievance form withiq five (5) days of the close of the formal meeting.
I
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.
I
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
I
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.
-24-
:>
.
.'
The City Manager or his designee will review the original
grievance, all supporting documents, the Department Head's response, and
the remedy requested, and issue a written decision within ten (10) days
of receipt of the grievance.
step 4 - Bindinq Arbitration
If the grievant is not satisfied with the decision of the City
Manager, within five (5) days after receipt of the decision, the
grievant may submit the grievance to binding arbitration. For purposes
of arbitration, the parties agree to use the Federal Mediation &
Conciliation Service and r~quest a list of seven names. The selection
of the arbitrator shall be by each side striking a name from the list,
with the first party to strike a name determined by a coin toss, until
only one name remains. In the event the initial list is not
satisfactory to either party, a second list of names may be requested.
The cost of the arbitrator shall be divided equally between the
ci ty 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.
-25-
..
,).
,,~'
ARTICLE VIII - DURATION OF AGREEMENT
This Agreement shall be effective January 1, 1994, and shall
continue in full force and effect to and including December 31, 1996.
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 II
day of ::::f'"op.e..-- , 1994.
CITY OF PORT ANGELES
TEAMSTERS LOCAL #589
~~~~e~ ~crt
l~anz
City Manager
~4##
Teamsters Sec./Treas.
Th~~~
BaS,:;;;;:2
~han
Shop Steward
~~
Robert Coons
Human Resources Manager
~~~~
Steve Ilk
Police Chief
e~~
Chris JanYes
Shop Steward
yYJ~ 'lYlc~
Mike McCawley
Shop Steward
-26-
..
'... y-
SUBSCRIPTION AGREEMENT
,
APPUCABLE TO THE FOLLOWING TRUST FUND(S}:
o WASHINGTON TEAMSTERS WELFARE TRUST
Q NORTHWEST TEAMSTERS DENTAL TRUST
o TEAMSTER VISION CARE TRUST
COLLECTIVE BARGAINING AGREEMENT PROVIDING FOR PARTICIPATION IN TRUST(S}
The Employer and Labor Organization referenced below are parties to a collective bargaining agreement providing
for participation in the Trust Funds as designated above. An enforceable collective bargaining agreement must be
in existence as a condition precedent to participation in the Trust(s).
EMPLOYER LA.BOR ORGANIZATION
City of Port Ange1es-Comm/Supp Teamsters Local #589
Name Name
321 East 5th Street P.O. Box #4043
Account #105499
Address
Port Angeles, WA 98362
City, State, Zip Code
Address
Port Angeles, WA 98362
City, State, Zip Code
EFFECTIVE DATES OF COLLECTIVE BARGAINING AGREEMENT
The parties' collective bargaining agreement has the following effective dates.
January 1, 1994 to December 31, 1996
BENEFrr PLAN'S) DESIGNATED IN COLLECTIVE BARGAINING AGREEMENT
The collective bargaining agreement provides that contributions will be made to the Trust(s) on behalf, of all
employees for which the Employer is required to contribute under the Trust(s) Operating Guidelines for the purpose
of providing such employees and their dependents with the following benefit plan(s) (The undersigned parties
acknowledge the receipt of a copy of the Trust Operating Guidelines which by this reference are made a part
hereof.)
Type Of Coverage
Health and Welfare
Dental
Vision
Contribution Rate
Approximate
Number of
Employees
23
23
Effective Date of
Coverage
7-1-94
-1-94
EXPIRATION OF COLLECTIVE BARGAINING AGREEMENT
Upon the expiration of the above-referenced collective bargaining agreement, the Employer agrees to continue to
contribute to the applicable Trust Fund(s) in the same amount and manner as required in the above-referenced
collective bargaining agreement until such time as the Employer and the Labor Organization either enters into a
successor collec~ive bargaining agreement which conforms to the Trust Operating Guidelines or notifies the other
party in writing (with a copy to the Trust Fund(s)) of its intent to cancel such obligation five (5) days after receiving
notice, whichever event occurs first The applicable Trust Fund(s) also reserves the right to immediately terminate
participation in the Trust(s) upon the failure to execute this or any future Subscnption Agreement or to comply with
the current Trust Operating Guidelines.
Dated this day of , 19
EMPLOYER City of Port Angeles LABOR ORGANIZATION Teamsters Local #589
By ~~~ By
Title JlVHAIl/ ~44~"C. ~~ Title Secret ary Treasurer
INFORMATIO ONCERNING FORM OF EMPLOYER'S BUSINESS
EMPLOYER IS A:
D Corporation D Partnership D Sole Proprietorship
Name of President
Name of Partner
Name of CMner
Name of Secretary/Treasurer
Name of Partner
State of Incorporation
(OVER)
'#'
10~' ·
..... ~IJTY TO PARTICIPATE IN TRUSTfS)
. Eligibility for benefits is determined in accordance with the requirements established in the collective bargaining
agreement provided such requirements are consistent with the Trust(s) guidelines To establish eligibility for
benefits, Trust(s) 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 on the first day of the
month following the month in which these requirements are met. NOTE. Dental and Vision plans have "new hire"
waiting periods Eligibility continues as long as the employee remains eligible, has the contractually required
number of hours a month, and has the required contributions made The Trust(s), however, will not recognize any
contractual provision that conditions continued eligibility on having more than 80 hours in a month
Employees of a participating employer not performing work covered by the collective bargaining agreement may
participate in the Trust(s) 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 OBUGATION AND CONSEQUENCES OF DEUNQUENCY
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(s) provides for the
payment of liquidated damages, interest and attorney fees and costs incurred in collecting the delinquent amounts.
TRUSTEES' AUTHORI1Y TO DETERMINE TERMS OF PLANS
The parties recognize that the detail of the benefit plans provided by the Trust(s) and the rules under which
employees and their dependents shall be eligible for such benefits is determined solely by the Board(s) of Trustees
of the Trust(s) In accordance with the terms of the governing Trust Document(s). 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(s) and its benefits plans.
MECHANISM FOR HANDUNG CONTRIBUTION INCREASES
The Trustees' authority shall include the right to adjust the contribution rates to support the benefit plans offered by
the Trust(s) 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(s) not to provide employee benefit plans for less than the full
cost of any such plans. If the collective bargaining agreement does not provide a mechanism for fully funding the
designated benefit plans the Board(s) 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(S)
The Employer and the Labor Organization accept and agree to be bound by the terms of the Trust Agreement(s)
governing the Trust Fund(s) as designated on page one, and any subsequent amendments to the applicable Trust
Agreement(s). The parties accept as their representatives for purposes of participating in the referenced Trust(s)
the Trustees serving on the Board(s) of Trustees and their duly appointed successors
APPROVAL OF TRUSTEES
This Agreement has been approved by the Board(s) of Trustees of the Trust Funds as designated below.
Date
Administrative Agent
Washington Teamsters Welfare Trust
Administrative Agent
Northwest Teamsters Dental Trust
Administrative Agent
Teamster Vision Care Trust
1/91