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HomeMy WebLinkAbout5.261 Original Contract (2) t 5.~LPI 11 AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND TEAMSTERS UNION LOCAL #589 (SWORN OFFICERS UNIT) JANUARY 1, 1991 - DECEMBER 31, 1993 4. -I TEAMSTERS LOCAL #589 SWORN OFFICERS UNIT COLLECTIVE BARGAINING AGREEMENT TABLE OF CONTENTS ARTICLE I - GENERAL PROVISIONS PAGE NO. Section A - Purpose 1 Section B - Agreement 1 Section C - Recognition 1 Section D - Savings Clause 1 Section E - Non-Discrimination 2 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 3 3 4 5 5 5 Section G - Labor-Management Committee 5 Section H - Police Department Employee Bill of Rights 6 ARTICLE III - WORKING CONDITIONS Section A - Hours of Work 7 Section B - Shift Rotation 8 Section C - Response Time 8 Section D - Relatives Working in the Police Department 8 Section E - Work Stoppage 8 ARTICLE IV - COMPENSATION Section A - Wages Section B - Longevity Pay section C - Overtime compensation section D - Stand-by/Call-Back section E - Compensatory Time section F - Educational Incentive Pay section G - Tuition Reimbursement section H - Higher Class Pay section I - Uniform Maintenance Allowance section J - Field Training Officer Pay PAGE NO. g g 10 10 11 11 12 12 12 13 ARTICLE V - PAID LEAVE TIME section A - Vacation section B - Sick Leave Section C - Holidays 14 14 18 ARTICLE VI - HEALTH BENEFITS 20 ARTICLE VII - GRIEVANCE PROCEDURE 22 ARTICLE VIII - DURATION OF AGREEMENT 26 ARTICLE I - GENERAL PROVISIONS section A - Purpose This Contract, 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 Contract. Section B - Aqreement 1. The rules contained herein constitute the entire Agreement between the City of Port Angeles, hereinafter referred to as the City, and the employees of the Port Angeles Police Department, represented by the Teamsters Union Local #589, hereinafter referred to as the Union, concerning wages, hours and conditions of employment. 2. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, the parties voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. section C - Recoqnition The City recognizes the Union as the exclusive bargaining representative for purposes of establishing wages, hours, and conditions of employment. The terms and conditions set forth herein shall apply to employees in the following classifications: Police Officer; Police Sergeant. The Union agrees to provide, in writing, the name of the shop steward(s) and such notice and any changes thereto shall be provided to the Human Resources Manager. section D - 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 -1- responsible for conflicts which might arise. Any new provisions shall have no effect on the remaining provisions of this Agree- ment. Section E - Non-Discrimination The City and the Union agree that they will not discriminate against any employee by reason of race, creed, age, color, sex, national origin, religion, handicapped status, or marital status, or membership or non-membership in the Union. Wherever notations are used in the masculine gender, they are intended to apply equally to either gender. -2- ARTICLE II - RIGHTS OF PARTIES section A - Manaqement's Riqhts The City and its management representatives shall retain all customary rights, powers, functions, and authority normally re- served 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 ordi- nances 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 Securitv 1. It shall be a condition of employment that all employ- ees 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 stand- ing 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 charitable organization, the Public Employment Relations Commission shall designate the charitable organization. 2. The Union agrees that membership in the Union will not be denied or terminated for any reason other than the failure of the employee covered by this Agreement to tender the initiation fee, Union dues or service charge. The parties agree that if an employee fails to fulfill the obligation in (1) above, the Union shall provide the employee and the City with thirty (30) days' notification of the employee's failure to comply with this Section and during this period, the employee shall make restitution in the amount which is due or the City shall terminate employment. 3. The City shall notify the Union of new employees within thirty (30) days of employment. 4. Indemnification Clause: The Union agrees to indemnify and hold the City harmless from any liabilities of any nature which may arise as a result of the application of this Article. section C - Pavroll Deductions 1. Upon written authorization of an employee, the City shall deduct monthly dues from the salary of each employee and shall transmit such amount to the Union, and will withhold any other specified portion of an employee's salary for U.S. Savings Bonds, United Way contributions, optional insurance coverage provided by the City, and D.R.I.V.E. contributions. 2. The Union shall hold the City harmless against any claims brought against the City arising out of the City making a good faith effort to comply with this Section. 3. The employee shall be allowed to withdraw from auto- matic payroll deduction of Union dues with thirty (30) days' notice in writing to the Personnel Office. . 4. Payroll deductions for other authorized withholdings, noted above, except Union dues, shall be subject to data process- ing limitations. -4- section D - Personnel Policy and Procedures Except where this Contract is different, wages, hours, holi- days, 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 The City shall maintain records of overtime and time off and such records system will be made available to employees. section F - Personnel Records The City and the Union recognize that the employee's offi- cial personnel file relative to any personnel actions (i.e., promotion, disciplinary actions, performance evaluations, pay status, etc.) shall be kept and maintained in the Personnel 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 Personnel 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 disciplin- ary 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 communi- cation between the parties and improve employee/employer rela- tions, the parties agree to establish a labor-management commit- tee to met 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 unit, and others that may need to attend who are affected by an issue under discussion. Attendance by other on-duty employees is permitted as long as staffing needs are adequately met and with approval of the Department Head. 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. 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 investi- gation. 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 circum- stances of the investigation dictate otherwise. When practic- able, such questioning shall be scheduled during the day time. 3. The investigation and questioning of the employee (which shall not violate the employee's constitutional rights) shall take place at the Port Angeles Police Department, except when impractical. The employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney or representative of his own choosing before being questioned, who may be present during questioning. 4. The questioning shall not be overly long and the employee shall be entitled to such reasonable intermissions as he shall request for personal necessities, meals, telephone calls, and rest periods. 5. The employee shall not be subjected to offensive language nor be threatened as a guise to attempt to obtain his resignation. No promises or rewards shall be made as an inducement to answer questions. 6. No employee covered by this Agreement shall be required to take or be subjected to a lie detector or similar test as a condition of continued employment. 7. This Police Department Bill of Rights only applies to disciplinary actions and related investigations, excluding cases of criminal investigations. -6- ARTICLE III - WORKING CONDITIONS section A - Hours of Work 1. Work Week: The normal hours on duty for shift person- nel shall be established by the City so that the average hours worked in any week shall be composed of five consecutive eight (8) hour shifts and two (2) consecutive shifts off duty. The City may require overlapping shifts if needed. starting time for all regular shifts shall be as follows: For Patrol, times for all regular shifts are: Days: 7:00 A.M. to 3:00 P.M. Swing: 3:00 P.M. to 11:00 P.M. Graveyard: 11:00 P.M. to 7:00 A.M. For Detectives, times for all regular shifts are: Days: 8:00 A.M. to 5:00 P.M. Overlapping or scheduled 24 hours in situation exists. extra advance, shifts, unless when needed, an emergency will be manpower Seven days' 'advance notice will be provided prior to changes to the above shift time schedule, unless an emergency manpower situation exists. 2. Work Day: The normal work day shall consist of eight (8) consecutive working hours in a 24-hour period (separated at the approximate mid-point by a meal period, if appropriate, as defined below). The starting and ending times of the work day shall be determined by the City. 3. Rest Periods: The City shall provide two 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 in Departmental operations would be affected. Rest periods, if not taken as scheduled by the super- visor, shall not be accrued and taken beyond the current shift. 4. Meal Periods: "On-Call" employees, as determined by the city, shall have as part of their 8-hour shift, a 30-minute paid meal period. Employees not designated as "on-call" shall have either a 30-minute or 60-minute non-paid meal period, as scheduled by the Department. The supervisor shall determine the time during the employee's shift when the meal period is granted. Detectives on stand-by are excluded from application of this section. -7- section B - Shift Rotation The City may, at its discretion, change an employee's work shift. In the event of shift rotations, the City shall provide a minimum of seven (7) calendar days' advance notice to the employees affected, as determined by the Police Chief. The City shall not pay overtime to employees resulting from a relief sergeant shift. section C - Response Time An employee subject to call-back shall reside within a 30- minute response time from the Police Department Headquarters. Driving time shall be calculated using the lawful speed limits. section D - 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 reason- able effort to change shifts of the individuals affected. How- ever, the City reserves the exclusive right to terminate, trans- fer, or re-assign one of the individuals involved, if necessary, to resolve operational or personnel problems in managing the Police 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 E - 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. -8- ARTICLE IV - COMPENSATION Section A - Waqes - Three-Year Aqreement 1. Effective January I, 1991, wages were increased by 5% for employees covered by the Contract, which is reflected in the following salary schedule: A B C D E Police Officer Police Sergeant 2358 3131 2464 3237 2576 2692 2808 2. Effective January, 1992, and January, 1993, 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), with a minimum of 2% and maximum of 6%. If the CPI exceeds 8.0%, the wage portion of the Agreement may be renegotiated. section B - Lonqevity Pay The City agrees to pay longevity premiums as follows, com- puted upon the monthly base wages: Completion of five (5) years City service, 2%; Completion of ten (10) years City service, a total of 49-:-. 0, Completion of fifteen (15) years City service, a total of 6%; Completion of twenty (20) years City service, a total of 8%. Longevity premiums shall be paid beginning with the first full pay period following the completion of the eligibility require- ments. For the purpose of determining eligibility for longevity premiums, City service shall be limited to time served in good standing as a regular full-time employee of the Port Angeles Police Department covered by this Agreement. section C - Overtime Com~ensation 1. Overtime hours are those compensable hours which the employee is assigned to work in excess of forty (40) hours in the work week or eight (8) hours in the work day. 2. Overtime hours worked shall be paid at the rate of time and one-half the employee's regular rate of pay, calculated to the nearest 15 minutes. -9- 3. Overtime pay shall not be compounded with any other form of premium compensation, excluding higher class pay, paid to the employee. 4. Overtime work is a condition of employment when called upon to meet the operational needs of the Department. However, the Department shall attempt to assign overtime in a fair and equitable manner whenever possible. Overtime shall be offered to regular, full-time Police Officers in descending seniority and assigned by ascending seniority. Regular police work shall be offered to Police Officers prior to using Police Reserves. Work maintained for Reserves includes social and community events, parades, dances, and other similar affairs, as well as summer hires for Downtown street patrol, City Pier, and situations not requiring Police response or expertise. 5. If such time or service is on any day which is observed as a contractual holiday, except that whenever the major portion of a shift falls on such day, work performed during the entire eight (8) hour shift shall constitute overtime worked. 6. If an employee is required to report to a shift with less than twelve (12) hours of rest, the employee shall earn pay at the overtime rate until such a rest period is granted. This sub- section shall not apply to the relief sergeant shift or 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. The maximum number of overtime hours an employee may work shall be 12 hours in a work day, or 65 hours in a work week, except in emergency conditions as determined by the Police Chief. Section D - Stand-Bv/Call-Back 1. Stand-by hours are those hours in which the Police Department requires an employee to remain "on-call" for possible work outside his/her normal work schedule, when assigned by a supervisor. The employee on stand-by shall be required to wear a paging device or carry a portable radio (as determined by the City) to be reached when needed, and/or remain within the range of the pager/radio or telephone. 2. Stand-by Compensation: An employee on stand-by assign- ment shall receive $70 per week, or $10 ~er day. A day is a 24- hour period and a week is a week of 168 consecutive hours. 3. Call Back Compensation: An employee called back to work on other than his/her normal work schedule shall be compensated a minimum of two (2) hours at the overtime rate of pay. Hours worked beyond the two (2) hour minimum shall continue to be paid at the overtime rate until relieved of duty. -10- Court time, on other than the employee's regular work schedule, shall be compensated as call-back. section E - Compensatory Time 1. No employee will be allowed to accumulate more than 88 hours of comp time. 2. An employee on compensatory time off shall be deemed to be on official leave with pay status. 3. Any compensatory time credits which have been actually taken by an employee shall be included in computing the hours of his/her work week. 4. An employee who notifies his/her Department Head promptly or substantiates to the satisfaction of his/her Department Head 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 previously scheduled compensatory time. Use of compensatory time shall be by mutual agreement with the employee and his/her supervisor or the Department Head. The Department Head or employee's supervisor shall make all reasonable efforts to accommodate a request for compensatory time off when made at least seven (7) days but not more than thirty (30) days in advance. This section shall also apply to floating holidays. 5. An employee may choose to add comp time to his bank as long as his bank does not exceed the 88-hour maximum. Section F - Educational Incentive Pay The City, to encourage and improve the proficiency of its employees, offers employees covered by this Agreement the following Educational Incentive Pay program: A one-year increment of 1% of the monthly base pay for completion of 45 semester hours in law enforcement-related subj ects. To retain this educational incentive pay, the employee must complete six semester hours annually. A one-year increment of 2.5% of the monthly base pay for completion of 90 semester hours in law enforcement-related subjects. To retain this educational incentive pay, the employee must complete two semester hours annually. A permanent increment of 4% of the monthly base pay shall be paid for attainment of a two-year degree in a law enforce- ment-related subject. A permanent increment of 6% of the -11- monthly base pay shall be given for attainment of a four-year degree in a law enforcement-related subject. All law enforcement subjects shall be as approved by the Washington state Training Commission and meet the necessary requirements of an accredited college or university. All new employees having college credits in other than Peninsula College shall have such credits transferred to Peninsula College for qualification for the educational incentive pay. This shall not apply to employees who have completed a two~ or four-year degree program in law enforcement at another accredited college. All employees with less than two years' City service as a police officer shall not be eligible for educational incentive pay. The City Manager may waive these exclusions at his discretion. Section G - Tuition Reimbursement Costs for tuition and books of qualified educational courses shall be 25 percent paid by the officer and 75 percent paid by the City, except where funding is provided by another agency, in which case the City shall provide 75 percent of the unfunded portion. In itemizing costs, an employee shall not include his time as a reimbursable expense. Nothing in this section will interfere with the Chief of Police to require an employee's attendance in training seminars or other law enforcement-oriented training. section H - Hiqher Class Pay When an employee is assigned to work in a higher classifica- tion for two (2) or more consecutive hours, the employee shall be paid higher class pay at the beginning salary for the higher class for the duration of the assignment, calculated to the nearest 30 minutes. Section I - Uniform Maintenance Allowance 1. Each Police Officer shall receive a full seasonal uniform and $400 for the first calendar year of employment with the City and a uniform maintenance allowance of $275 per calendar year thereafter. This includes officers assigned to the Detective Division who wear civilian clothes. Effective in the second year of this Agreement (199'2), the uniform maintenance allowance will be increased from $275 per year to $300 per year for Police Officers and Police Sergeants, and employees assigned as Detectives shall receive $325 per year. The uniform maintenance allowance for -12- 1993 shall be $325 for Police Officers and Police Sergeants, and $350 for Detectives. 2. The required'uniform is provided for in the Department Policy/Procedures Manual. 3. Only those items listed in the Police Department Policy and Procedures Manual may be purchased with uniform maintenance allowance funds. The Department retains the right to determine if the article purchased is an approved part of the uniform, is of acceptable quality, and is in conformance with Department standards. 4. The Police Chief retains the right to supply uniform or equipment articles from supplies on hand rather than authorizing the employee to purchase new uniform articles. 5. The employee agrees to maintain and repair his/her uniform and have all items available for inspection upon reasonable notice. 6. All articles , purchased by the City will be the property of the City and will be returned prior to leaving City service (i.e., retirement, termination, etc.) 7. The City agrees to provide each officer with a bullet- proof vest, approved by the Police Department. Replacement of the vests and selection of the vests shall be determined by the Police Department. section J - Field Traininq Officer Pay The City agrees to pay a Police Officer assigned and func- tioning as a Field Training Officer $8 per day. -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 10 288 6 - 10 continuous years of City service 120 15 368 11 - 15 continuous years of City service 160 20 448 16 - 20 continuous years of City service 200 25 528 21 & over continuous years of City service 240 30 608 Vacation may be taken only upon completion of one full year's service (except for holidays - see section C - Holidays). There- after, vacation credit earned may be taken upon proper authoriza- tion, per Department procedures. Application for such leave shall be made in advance and is subject to Departmental approval. The maximum accrual of vacation leave is noted in the preceding chart. Employees shall be paid for unused vacation leave at their final base hourly rate (i.e.; straight time) upon leaving City service, except for terminations during the employee's new hired probation- ary period. Probationary employees hired prior to signing this Agreement are exempt from this payoff limitation. If an employee has prior approval for vacation and is called back to work once his 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 privi- lege and not a right, and may only be used in the event of actual illness or disability to the employee or family members as provided for in this Contract. In the event of a serious illness to an employee who has exhausted his/her sick'leave accrual, the City Manager, at his -14- discretion, may advance sick leave credits upon expiration of accrued sick leave credits. 2. sick Leave Accrual. sick leave shall accrue at the rate of 8 hours per month for all employees covered by this Agreement, except LEOFF I covered employees, who shall accrue at the rate of 4 hours per month. 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. following: sick leave may be used for the a. Illness or injury to the employee, on or off the job, resulting in an i~ability 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 one day 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 pur- poses of attending a funeral of a family member. Funeral leave shall be limited to not more than three consecutive days per instance, unless specifically approved by the Police Chief. d. 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. Materni ty leave of absence shall not exceed six (6) months, including all paid or unpaid leave, except if determined medically -15- necessary and certified by a physician. e. Paternity Leave: The Department Head may approve a leave of absence of up to 30 days for an employee to assist the mother of his newborn child or caring for their child (natural or adopted). Such time off shall be taken first from accrued vacation and then leave without pay. A request for paternity leave must be submitted in writing at least sixty (60) days in advance of the requested leave start date. The leave (of absence, if approved, may not begin more than thirty (30) days b'efore the anticipated delivery date or date of adoption, nor extend beyond thirty (30) days after the delivery date or date of adoption. f. Payment of Unused sick Leave: The City shall pay 20% of accumulated sick leave upon retirement (normal or dis- ability) 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. 5. Familv Leave Pursuant to Chapter 296-134 WAC, Family Leave, an employee is entitled to a leave of absence from his/her job to care for a new- born child, newly adopted child, or a child under 18 years of age with a terminal health condition. Family Leave to care for a newborn or recently adopted child must be completed within twelve (12) months after the birth or placement for adoption. Care for a child under 18 years of age who is terminally ill shall be allowed only once per child. Eligible employees for purposes of this Section means a regular full-time or regular part-time employee who works an average of 35 hours a week, or more, and has been continuously employed for at least 52 weeks prior to requesting such leave. Regular employees working less than 35 hours per week, temporary employees, part-time employees, or employees having any other employment status shall not be eligible for family leave. The duration of family leave shall not exceed twelve (12) work weeks during any twenty-four (24) month period. Request for family leave shall be made to the Department Head on the City of Port Angeles Leave of Absence Request form and shall be submitted at least thirty (30) days prior to the effective date of the requested family leave. An employee planning to take family leave shall provide his/her 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 -16- employee intends to take family leave, unless exempted as follows: 1. The birth is premature. 2. The mother is incapacitated due,to birth so that she is unable to care for the child. 3. The employee itakes custody of the newly adopted child 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. An employee should attempt to give at least fourteen (14) days' notice if leave to be taken pursuant to this section is foreseeable. Failure to give the required notice may result in the requested leave being reduced. Generally these will be limited to management positions and such a decision will be based on jOb- related needs. The twelve (12) weeks may include accrued paid vacation or sick leave if used for legitimate reasons as defined by the City's sick Leave Policy or the appropriate labor contract. If vacation or sick leave is not utilized, the family leave shall be leave without pay. Family leave requests shall be made at the same time as all other requests for paid or unpaid leave related to the reason for a leave of absence. All requests for a leave of absence shall be coordinated with the Department Head for each specific incident and the request for leave shall specify the entire period of leave requested, including vacation, compo time, sick leave, family leave, maternity leave, or any other leave of absence. The City may request medical confirmation or verification of proof for family leave. If this is required, the Department Head shall provide written notice to the employee within five (5) working days of receipt of the employee's request for family leave. Requested information shall be provided to the Department Head within ten (10) working days thereafter unless the delay is the result of the employee's physician. Failure of the employee to provide the medical information, or other information as needed for verification, may result in denial of the employee!s request for family leave. When both parents of a child are employed by the City, the leave available remains twelve (12) weeks for both parents combined and shall be coordinated with the affected Department Heads. Only one employee may take family leave at a time. Upon returning from family leave, the employee shall be placed in the same position, with the same pay and shift, which the employee held when the leave commenced. If the employee's position -17- no longer exists, or circumstances have changed where the employee's position no longer exists, then the employee shall be placed in a vacant position with equivalent pay and benefits, if such a position is available and the employee meets the minimum qualifications. Reinstatement to a position need not occur if (a) the employee's job was eliminated because of a lay-off or re- organization resulting from a lack of work or lack of funds; (b) the employee on family leave takes another job with another employer; or (c) the employee fails to return from family leave upon expiration of the leave period, as stated in the leave of absence request initially submitted to the Department Head. If the employee requesting family leave is covered under the City's health coverage, the employee is responsible for payment of premiums, as determined by the Risk Manager, while on unpaid family leave. Section C - Holidavs The following are the holidays provided for under this Agreement: New Year's Day, Jan. 1st Lincoln's Birthday, Feb. 12th Washington's Birthday, 3rd Mon. in Feb. Memorial Day, last Mon. in May Independence Day, July 4th Labor Day, 1st Mon. in Sept. 1. Employees covered by this Agreement shall in January of each calendar year, receive 88 hours of holiday time (10 named holidays plus one floating holiday = 88 hours) credited to his/her vacation bank. (See Vacation Section for administration of these hours.) Veteran's Day, Nov. 11th Thanksgiving Day, 3rd Thurs. in Nov. Day after Thanksgiving Christmas, Dec. 25th One Floating Holiday 2. An employee has the option of selling back for cash a maximum of forty (40) hours of vacation accrual at any time during the year, in increments of eight (8) hours. Such cash-out of holidays shall be at the employee's regular hourly rate of pay. 3. If an employee works on a holiday named above, the employee shall receive pay at the rate of time and one-half for all hours worked on the holiday. 4. If an employee leaves city service, his/her vacation bank will be reconciled based upon the number of holidays which have occurred during that calendar year, prior .to leaving City service, excluding the floating holiday. Employees hired during the -18- . calendar year shall have the holiday hours credited based upon the number of designated holidays (including the floater) remaining in the calendar year and shall be allowed to use this holiday/vacation time prior to the completion of one year. 5. For those employees working Monday through Friday, when one of the above holidays falls on Saturday, the preceding Friday shall be observed. When such holiday falls on a Sunday, the following Monday shall 'be observed. -19- . ARTICLE VI - HEALTH BENEFITS I During the term of this Agreement, the city agrees to provide employees and eligible dependents medical, prescription, and vision benefit coverage equal to the current level of benefits through the City's Self-Insurance Program. The city agrees not to modify the level of benefits for the duration of the Agreement except by mutual consent of the parties. The current level of benefits is equal to or better than the Teamsters benefits in place when the city converted to a self-insured program. Dental Coveraqe: Effective July 1, 1991, dental coverage for employees covered by this Agreement shall be provided through the Teamsters Dental Plan R.C. LEOFF-II, Short Term/Lonq Term Disabilitv Coveraqe: The City agrees to provide LEOFF-II employees in the Police Department a short term/long term disability coverage ,up to $28 per month for the Washington State Law Enforcement Association Disability Plan, as presented during contract negotiations. This Plan was not available at the signing of the Agreement because a specific number of enrollees were needed. In the interim period, up to October 1, 1991, the City agrees to provide a long-term disability plan with a waiting period of ninety (90) days. The terms and conditions of the LTD are provided in the Standard Insurance Copany, Policy No. 609 711. The short-term disability coverage shall be on a temporary basis only, through an extension of sick leave coverage for non-job-related disabilities eligible under the LTD plan, with a waiting period of thirty (30) days. After 60 days of eligible coverage, the LTD takes over. Eligibility for the short-term disability coverage shall meet the definitions of disabled under the Washington State Law Enforcement Association policy. Once the State Law Enforcement Association Plan reaches a sufficient number of eligible enrollees, the LEOFF-II employees with the City shall be transferred over to this Plan and the short- term and LTD coverage above shall be discontinued. In the event the Washington State Law Enforcement Association Disability Plan is no't made available because of insufficient enrollment, the City will continue the LTD plan above for LEOFF-II employees, paid for by the City for the duration of the Agreement. The terms and conditions of such health benefits, eligi- bility requirements, plan benefits and limitations, are provided in the Plan summary provided to each employee. -20- . The Union recognizes the need to contain the overall costs of the Health Plan and agrees to promote the prudent use of such benefits among its membership. -21- . ARTICLE VII - GRIEVANCE PROCEDURE section A - Ob4ectives' 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 resol ve 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 covered by this Agreement. Immediate Supervisor: The person who assigns, reviews, or directs the work of an employee. Division Manaqer: reports. The person to whom an immediate supervisor Representative: A person who appears on behalf of the employee. Department Head: The Police Chief of the City of Port Angeles. section C - Exclusions' 1. Work assignments, unless the complaint arises out of an allegation that the employee was required to work in violation of applicable sections of this Agreement. 2. Appeals involving demotions, dismissals, incremental denials, suspensions, promotions, separations, and examination procedures. (These matters are within the civil Service Commission's authority.) Dismissals pursuant to Article III, Section D, are subject to this grievance procedure, if the civil Service Commission denies hearing the employee's appeal. -22- . . 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 sub- mits the grievance to the next level of review within the time limits specified. Failure of the employee to submit the grievance within the time limits imposed shall terminate the grievance process, and the matter shall be considered resolved. Failure of the city to respond within the time limits specified will allow the grievant to submit the grievance to the next higher step of the grievance procedure. section E - The Parties' Rights and Restrictions 1. A party to the grievance shall have the right to record a formal grievance meeting at the expense of the requesting party. 2. An employee may have a representative present at all steps of the grievance procedure. 3. Reasonable time in processing a grievance will be allowed during regular working hours for the shop steward, with advanced supervisory approval. 4. Nothing within this grievance procedure shall be construed as limiting the right of management to manage the affairs of the city. 5. Grievances of an identical nature, involving an alleged violation of the same Article, Section, etc., concerning the same subject matter, may be consolidated. 6. Confidential Communication. Any communication between a member of the Union and any recognized Union representative regarding a potential or actual employee grievance will be defined as confidential. 7. The Union, as a representative, may file a grievance alleging that the City: has violated specific rights afforded the employees covered by the Agreement. Such grievance shall be filed directly at Step 2 (Department Head level), and shall be bound by -23- . '. 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 imme- diate 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 de- cision, 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 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 support- ing documents, discuss the complaint and desired solution, and discuss the proper appeal procedure. The supervisor will issue a written decision on the original grievance form within 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 rela- tive to the grievance shall be included with the appeal. The Department Head shall hold a formal meeting with the employee and his 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. -24- t, ,. 4 " , . .. ... ,~ step 3 If the employee is not satisfied with the decision of the Department Head, he may appeal the decision to the City Manager within five (5) working days from receipt of the Department Head's decision. In his appeal to the City Manager, all supporting documents must be attached to the grievance form, together with the grievant's reason for appeal and stated remedy requested. The City Manager or his designee will review the original grievance, all supporting documents, the Department Head's response, and the remedy requested, and issue a written decision within ten (10) days of receipt of the grievance. step 4 - Bindinq Arbitration If the grievant is not satisfied with the decision of the City Manager, within five (5) days after receipt of the decision, the grievant may submit the grievance to binding arbitration. For purposes of arbitration, the parties agree to use the Federal Mediation & Conciliation service and request a list of seven names. The selection of the arbitrator shall be by each side striking a name from the list, with the first party to strike a name determined by a coin toss, until only one name remains. In the event the initial list is not satisfactory to either party, a second list of names may be requested. The cost of the arbitrator shall be divided equally between the city and the Union. Cost for witnesses, court reporter, or other individual expenses shall be borne by the requesting party. The Arbitrator shall not have the power to alter, amend, or change any contractual language of the Labor Agreement. -25- . . .., .c,...:. ~ . . .J: ARTICLE VIII - DURATION OF AGREEMENT This Agreement shall be effective January 1, 1991, and shall remain in force through December 31, 1993, and shall remain in effect during the course of negotiations of a new Contract. /o:tl.!! WITNESS WIjEREOF, we hereunto attach our signatures this _/ day of /~ , 1991. t7 CITY OF PORT ANGELES TEAMSTERS LOCAL #589 ~~~ J n Sargent Ma oa E~fl7B~~~ Teamsters Sec./Treas. T~~T~~ ~~e~ Shop Steward 8 ~~~ Robert Coons Human Resources Manager ~~ Police Chief HRFM.5 -26-