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HomeMy WebLinkAbout5.257 Original Contract ",. 5, ;;'57 AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL #997, AFL-CIO April 1, 1991 - March 31, 1994 IBEW LOCAL #997 COLLECTIVE BARGAINING AGREEMENT TABLE OF CONTENTS Paqe No. ARTICLE I - GENERAL PROVISIONS section A - Purpose 1 section B - Recognition 1 section C - Savings Clause 2 section D - Non-Discrimination 2 ARTICLE II - RIGHTS OF PARTIES section A - Management's Rights section B - Union Security section C - Seniority section D - Discipline Procedure section E - Labor-Management Committee section F - Vacancies 3 3 4 5 5 6 section G - Notice of Changes to Work Rules 6 section H - Personnel Records 6 section I - Performance Reviews 7 section J - Apprenticeship Program 7 Section K - Overnight LOdging for Travel 7 ARTICLE III - WORKING CONDITIONS section A - Hours of Work 8 Section B - Safety 8 section C - Response Time 8 Section D - Meal Breaks When on Overtime 8 Section E - Work Stoppages 9 Paqe No. ARTICLE IV - COMPENSATION Section A - Wages Section B - Overtime Pay Section C - Compensatory Time Section D - High Time Pay Section E - Shift Differential Section F - Call Back Section G - On-Call Assignment/Pay Section H - Higher Class Pay Section I - Tuition Reimbursement 10 10 10 11 11 11 11 11 12 ARTICLE V - PAID LEAVE TIME Section A - Vacation Section B - Holidays Section C - sick Leave Section D - Injury subsidization Section E - Industrial Injury 13 13 14 15 16 ARTICLE VI - HEALTH BENEFITS 17 ARTICLE VII - GRIEVANCE PROCEDURE 18 ARTICLE VIII - DURATION OF AGREEMENT 22 ARTICLE I - GENERAL PROVISIONS Section A - Purpose This Contract, entered into by the City of Port Angeles, Washington, hereinafter referred to as the City, and the Inter- national Brotherhood of Electrical Workers, AFL-CIO, Local #997, 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 - Recoqnition The City recognizes the Union as the bargaining representa- tive for purposes of establishing wages, hours, and conditions of employment. The terms and conditions set forth shall apply to regular full-time and regular part-time employees and approved apprenticeship programs in the following classifications: Lineman Meterman Equipment Operator Groundman Electrical Inspector Warehouseman Conservation Aide Energy Analyst/Inspector Maintenance Technician Lead Equipment Mechanic Line Foreman Senior Meterman/Journeyman Head Groundman Senior Electrical Inspector Power Analyst Equipment Mechanic Electrical Engineering Aide Electrical Engineering Specialist I-II Commercial & Institutional Energy Analyst Regular full-time employees are defined as an employee in a represented classification who is budgeted to work full time (2,080 hours per year). Regular part-time employees are defined as an employee in a represented classification who is regularly budgeted as working half time or greater (1,040 hours per year). The City may employ temporary help in the represented classifications who may work up to ninety (90) consecutive days. Such employment beyond this period shall result in the temporary employee being eligible for Union membership and the payment of appropriate dues, assessments, and initiation fees, subject to the Union security provisions of this Agreement. This provision does not apply to work the City elects to subcontract. -1- In the event the City establishes a new classification assigned to perform operational, technical, or maintenance work in the Electrical utility, the city shall notify the Union of the new class and negotiate to establish wages for the classification. section C - Savinqs Clause It is the intention of the parties to comply with all applicable laws and believe that all portions of this Contract are lawful. All of this Contract shall be complied with unless provisions are declared invalid or inoperative by a court of final jurisdiction. In such event, either party may request renegotia- tion of the provision(s) declared invalid. However, any new provisions shall have no effect on the remaining provisions of this Agreement. section D - 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. The city and the Union agree that if discrimination should happen inadvertently that either party will actively cooperate with the other party to resolve the situation. 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 - Management's Riqhts The City and its management representatives shall retain all customary rights, powers, functions, and authority normally reserved by management consistent with State law, local ordi- nances, and Department rules and regulations. It is understood that the City retains its right to manage and operate the Department except as may be limited by an express provision of this agreement. Management's Rights shall include but not be limited to the following: 1. Determine the mission of the City and respective Departments, commissions, and boards. 2. Set standards of service and performance standards, establ ish Department pol icy/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. The exclusive right to assign work and establish work schedules. 5. Engage in all types of personnel transactions and disciplinary proceedings in accordance with established ordinances, resolutions, and rules, and Department Policies and Procedures. 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 classification of personnel. 8. Contract out any work as determined by the City. 9. Take any action necessary to carry out its mission in an emergency. section B - union Security Employees of the Port Angeles City Light and the Equipment Rental Division covered by this Agreement who are currently members of the Union shall, as a condition of employment, continue as members in good standing during the term of this Agreement. New employees hired after the effective date of this Agreement shall, as a condition of employment, become and remain members in -3- good standing on the thirty-first (31st) day of employment and continuing through the term of this Agreement. Exception: A waiver of this membership requirement will be granted to an employee, providing the employee presents satis- factory proof to the City and the Union that the obligation of Union membership is in conflict with the tenets of the employee's religion and that the employee remits an amount equal to the regular initiation fee and monthly dues to a non-religious charitable organization mutually agreed between the Union and the employee. Failure of the parties to agree, PERC shall make the selection. It is further understood that a probationary or temporary employee may be granted an extension of time from the normal thirty-one (31) days to a maximum of one hundred eighty (180) days by mutual consideration of the parties to this Agreement if such action would be in the best interests of the employee, as determined by the Department Director. section C - Seniority The following seniority rules shall apply separately to each classification. When it is found necessary to add new classi- fications to this Agreement, the City and the Union shall meet to negotiate wages and conditions for said new classification. Seniority in each classification shall be determined by continuous service in the classification. Seniority with the City shall be determined by length of continuous service with the City. It is understood and agreed that in all cases of promotion, the following factors shall be considered. When and where factor (1) is relatively equal, factor (2) shall govern; and where factors (1) and (2) are equal, factor (3) shall be used: 1. Knowledge, training, ability, physical fitness. 2. Length of Employee service in classification. 3. Length of continuous service with the City. In cases where two (2) or more employees start to work on the same day, the date of application for employment shall establish priority of position on the seniority list. A seniority list shall be made and posted annually, begin- ning with the first day of this Agreement. The list shall show length of service: -4- 1. Service in present classification. 2. continuous service with the city. Seniority status shall terminate upon the following: Discharge, resignation, retirement, failure to return from an approved leave of absence, layoff of more than eighteen (18) consecutive months, or, if recalled from layoff, within fourteen (14) days from notice of recall from layoff should the employee not return to work. Approved leaves of absence and layoff beyond thirty (30) calendar days will not count toward the computation of seniority. section D - Disciplinarv Procedures All discipline for employees covered under this Agreement shall be for just cause. In the event of discipline (excluding verbal and written reprimand), the employee's supervisor will provide the employee with written notice of such discipline, including specific vio- lations, prior to the imposition of disciplinary action, unless immediate action is warranted. An employee disciplined, other than verbal, has the right to have a meeting with his Department Head to address the facts of the incident. Such a meeting must be requested by the employee within five (5) working days of the discipline imposed by the employee's supervisor. The meeting is to provide the employee with the opportunity to present his side of the matter. The Department Head, after the meeting, shall either affirm, modify, or cancel the disciplinary action. The employee is entitled to representation at all stages of the disciplinary process. Verbal or written reprimands are not appealable through the grievance procedure. However, if a written reprimand is placed in the employee's personnel file, the employee may submit a written reply for placement in the personnel file. section E - Labor-Manaqement committee In the interest of developing mutual trust and open communica- tions 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 Personnel Manager, the Director of the City Light Department, the Director of Administrative Services, and others as designated by the City Manager. -5- The members of this Committee for the Union shall be the shop stewards and selected Union representatives. Attendance by any employee is permitted, as long as staffing needs are adequately met and with advanced approval of the Department Head. Issues which are resolved through the labor-management process, and which affect the application or interpretation of this Contract, shall, by mutual agreement of the parties, be put in wri ting in a letter of understanding as an addendum to this Contract. section F - Vacancies When a vacancy occurs in an IBEW position, the vacancy shall be posted on bulletin boards within the Department for a period of five (5) working days. Any eligible applicant absent during the posting because of vacation, sick leave, or industrial injury, or who meets the qualifications for the position, shall be given the opportunity to apply before permanent award is made. Applications must be made before the close of the work day on the date specified in the posting notice. Temporary assignment to the vacant position may be made during the application period. Employees promoted to a new classification shall be required to serve a six-month probationary period during which he/she is required to demonstrate his/her ability to perform the duties of the position to which he/she is appointed. Should the person fail to satisfactorily perform in the new position, he/she will revert to the position held prior to the promotion or reclassification. section G - Notice of Changes to Work Rules The City agrees to notify the Union in writing of any changes to work rules/regulations at least fourteen (14) calendar days prior to implementation. At the request of the Union during this time period, the City agrees to discuss the proposed changes to such work rules/regulations. section H - 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 Personnel office. Any employee may review his personnel file Office or within the Department upon request, notice, and may have a copy of any information file(s). in the Personnel wi th reasonable contained in the -6- 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, however, by the employee shall be wi thin thirty (30) days of receipt of the disciplinary action or performance evaluation. section I - Performance Reviews The City agrees to provide annual performance evaluations on or about the employee's anniversary date, on the appropriate evaluation form (see attachment to Contract). section J - Apprenticeship Proqram The City conditionally agrees to the establishment of an apprenticeship on-the-job training program as provided within the Washington State statutes, Chapter 49.04 RCW and Chapter 296-04 WAC. The City reserves the right to review and approve the Washington State Apprenticeship Council guidelines prior to implementation of the program. section K - Overniqht Lodqinq for Travel If an employee is required to travel outside the puget Sound/Seattle area in excess of two hours' travel time to attend job-related training, the Department Head will consider the need for overnight lodging. The intent of this procedure is to provide a safe work environment for employees traveling over long distances, when it may be advantageous to provide lodging rather than have the employee attend a training workshop and travel additional hours. -7- ARTICLE III - WORKING CONDITIONS Section A - Hours of Work The work schedule and hours of work shall be established by the City and shall consist of five (5) consecutive 8-hour days on duty with two (2) consecutive days off duty. The normal work week is Monday - Friday, with Saturday, Sunday and holidays as scheduled days off duty. The normal work day will run from 7 AM to 3:30 PM or 8 AM to 4:30 PM, with a 3D-minute lunch period, or 8 AM to 5 PM with a 60- minute lunch period, scheduled by the supervisor at approximately midpoint in the work day. When in a non-emergency situation it becomes necessary to schedule work shifts with work hours other than the normal working day, the City shall notify affected employees of such a work shift at least seven (7) days in advance of the scheduled shift change. When a shift change as noted above is necessary, the City may establish special 8-hour shifts on a straight time basis and pay shift differential per the applicable provision of this Contract. Such shifts shall be set for a minimum of five (5) days' duration. An employee shall not work for more than twelve (12) con- secutive hours (including meal breaks) without a rest period of no less than eight (8) consecutive hours before returning to duty, without the express authorization of the supervisor. Section B - Safety The electrical safety rules of the Department of Labor and Industries of the State of Washington, or any amendments thereto, is hereby adopted and incorporated as a part of this Agreement, as if fully set forth herein. If the Washington State Safety Code does not cover a situation, the national Safety Code will be used. The Line Foreman will be responsible for the safety of his crews. Section C - Response Time Employees hired after April 1, 1985, performing field tions in City Light and Service Garage mechanics shall within thirty (30) minutes response time from the shop. time is determined using normal driving conditions. opera- reside Travel Section D - Meal Breaks When on Overtime Assiqnment An employee will not be required to work more than six (6) consecutive hours without a meal break. The supervisor shall determine the time for such a meal period, which shall be non-paid -8- time and shall be for 30 minutes in length. During an overtime assignment in which the employee is entitled to a meal period as defined above, the City will pay for the cost of actual meals eaten, at the following rates: Breakfast, $6; Lunch, $6; and Dinner, $12. Meal time shall be as follows: Breakfast, 3 AM to 9 AM; Lunch, 9 AM to 3 PM; Dinner, 3 PM to 3 AM. An employee is responsible for his/her own meal if overtime is scheduled in advance. In the event an employee working overtime will complete the work within a reasonable period of time after the six (6) hours qualifying for a meal period, in the judgment of the supervisor, the proj ect may be completed without the meal break and the employee will be entitled to the cash payment for the meal, based upon the above meal rates. section E - Work Stoppaqes During the term of this Agreement, employees shall not engage in any work actions, including a strike, work slow down, sick-out, or any interference with the efficient operation of the Light Department or Service Garage. It is further understood that employees who engage in any such actions as noted above shall be subject to disciplinary action as may be determined by the City. Employees who refuse to cross legal picket lines, except where the public safety and welfare are in jeopardy, will not be in violation of this Section. The City will not engage in a lock-out of employees during the term of this Agreement. -9- ARTICLE IV - COMPENSATION section A - Wages 1. Effective April 1, 1991, employees covered by this Contract will receive a 5% wage increase. See Salary Ordinance as addendum to this Contract. 2. Effective April 1, 1992, and April 1, 1993, employees covered by this Agreement shall receive a wage increase equal to 90% of the Seattle CPI-W Index, Jan-Jan, with a minimum of 2% and a maximum of 6%. If the above CPI exceeds 8%, the wage portion of the Agreement may be opened for renegotiation. section B - Overtime Pav 1. Overtime hours are those hours which the employee is assigned to work in excess of forty (40) compensable hours in the work week or eight (8) hours in the work day. 2. Overtime hours worked shall be paid at the rate of double the employee's current rate of pay. 3. If an employee works on a holiday, the employee shall receive pay at the overtime rate for those hours worked on the holiday. 4. Overtime pay shall not be compounded with any other forms of compensation paid to the employee. 5. 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. Section C - Compensatory Time Off An employee assigned to work overtime may, at the option of the employee, receive cash or compensatory time off for such overtime hours worked. Compensatory time shall be earned at the rate of double time for each hour worked, calculated to the nearest 30 minutes. The maximum compensatory time accrual is forty (40) hours. Compensatory time taken off shall be scheduled by advanced supervisory approval and such time off will not be permitted if it results in an overtime situation or affects the operations of a crew because of manpower shortage. All overtime worked in excess of the forty (40) compensatory hours shall be paid in cash at the overtime rate of pay. -10- Compensatory Time for Travel If an employee is required to attend mandatory training and driving time extends beyond the normal work day, such time shall be paid in the form of compensatory time at the rate of straight time and credited to the employee's compensatory time bank accrual, per procedure noted above. Travel time for non-mandatory training shall not be compens- able. Section D - Hiqh Time Pay All employees who work eighty (80) feet above ground, or higher, shall be paid at the rate of double time while working at such height. This rule does not apply when employees are working on the roofs of buildings where no exceptional hazards exist. section E - Shift Differential The City agrees to pay shift differential of $0.40 per hour, for employees covered by this Agreement if the work shift assigned is other than the normal work shift defined under Hours of Work, ARTICLE III, section A. Section F - Call Back An employee called back to work, on other than his normal work schedule, shall be compensated a minimum of two (2) hours at the overtime rate of pay (i.e., double time). Hours worked beyond the two-hour minimum shall continue to be paid at the overtime rate until relieved of duty or the employee's regular shift begins. section G - On-Call Assiqnment and Compensation (Lineman/Foreman only) An employee may be placed on-call, and for each seven (7) consecutive day period of such assignment the employee will receive $149 per week. section H - Hiqher Class Pay When an employee is temporarily assigned to work in a higher classification, the employee shall receive the current rate of pay of the first step of the higher classification for the duration of the assignment. If the first step of the higher rate of pay is the same as or lower than the employee's current rate of pay, then he will receive the next higher pay step of the temporarily assigned position. -11- section I - Tuition Reimbursement Any member covered by this Agreement is entitled to 80% reimbursement for tuition and books costs for any course directly related to his job, provided the member has gained the approval of the Light Director prior to registration for the class of instruction. All members requesting reimbursement for tuition and books will be expected to meet the minimum standards for taking the course and must complete the course with a passing grade or notification of course completion. -12- 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 Maximum Accrual Year Accrual Hours 1 - 5 continuous years of City service 88 11 176 6 - 10 continuous years of City service 128 16 256 11 - 15 continuous years of City service 168 21 336 16 - 20 continuous years of City service 208 26 416 21 and over continuous years of City service 248 31 496 Vacation may be taken only after completion of the 6-month pro- bationary period. Thereafter, vacation credit earned may be taken upon proper authorization, per Department procedures. A request for such leave shall be made in advance and is subject to approval of the Department Head. The maximum accrual of vacation leave is twice the employee's annual accrual rate (refer to preceding chart). Employees shall be paid for unused vacation leave at their base hourly rate (i.e., straight time) upon leaving city service, except for terminations during the employee's initial probationary period. Section B - Holidavs The following holidays will be observed during the term of this Agreement: New Year's Day Washington's Birthday Memorial Day Christmas Day Two Floating Holidays Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day The two floating holidays may be taken in 8-hour increments, subject to Supervisor approval. -13- Whenever the above-named holidays (excluding floating holi- days) fall on a Sunday, the following Monday shall be observed as the holiday; when the holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. section C - sick Leave Purpose The use of sick leave benefits is considered a privilege and not a right, and may only be used in the event of actual illness or disability to the employee or family members as provided for in this Contract. In the event of a serious illness to an employee who has exhausted his/her sick leave accrual, the City Manager may advance sick leave credits. However, approval or denial of such a request is at the discretion of the City Manager. sick Leave Accrual sick leave shall accrue at the rate of 8 hours per month for all regular full-time employees covered by this Agreement. The maximum accrual of sick leave credits shall be limited to 120 days (960 hours). Notification Requirements '-- An employee requesting sick leave usage must provide the proper notice as established by the Department Head. When a Department Head has reasonable cause to believe an employee has misused his/her sick leave benefits, the employee may be required to provide proof of illness from a medical doctor. Any misuse of sick leave shall be considered cause for disciplinary action. Use of sick Leave sick leave may be used for the following: 1. Illness or injury to the employee, on or off the job, resulting in an inability of the employee to perform his/her work. 2. sick leave may be used, with advance approval of the supervisor or Department Head, to care for members of his/her immediate family, or for funeral leave. Use of sick leave for funeral leave or family care is I imi ted to three (3) days per incident unless additional time is approved by the Department Head. For purposes of sick leave usage, immediate family member includes spouse, children, parents, grandparents, step-children, brothers, sisters, and other dependent relatives or legally adopted children. -14- sick leave for is medically necessary, attending physician, if proper sick leave usage. family members is limited to care which with verification required from the requested by the supervisor to verify 3. Maternity Leave: Illness/disability resulting from pregnancy, miscarriage, or childbirth shall be charged to sick leave and then, if necessary to vacation accrual. Upon expira- tion of paid leave (sick leave, vacation, compo time, etc.), an employee may request a maternity leave of absence without pay. However, an employee may retain in reserve up to forty (40) hours of vacation credits. Maternity leave of absence shall not exceed six months, including all paid and unpaid leave, unless medically necessary as established by a medical doctor. 4. paterni ty leave: The Department Head may approve a leave of absence up to 30 days for an employee to assist his legal spouse in caring for their newborn child or newly adopted child. Paternity leave shall be taken from vacation credits, or leave without pay may be requested. A request for paternity leave must be submitted in writing to the Department Head at least thirty (30) days in advance of the requested leave start date. Such a leave is subject to Department Head approval and is contingent upon adequate staffing for Department operations. sick Leave Benefit If the employee has ten (10) or more years of service with the City, twenty-five (25) percent of the value of the employee's accumulated sick leave will be paid upon regular retirement or death. Section D - Injurv Subsidization Any regular employee having six (6) months continuous service with the City who is injured on the job and is unable to return to work, shall be compensated by the City an amount equal to the difference between the employee's regular salary and those moneys paid through the City's Worker's Compensation Plan. However, the combination of the two shall not exceed the employee's regular salary. The first three days of time loss shall be charged to sick leave. Time loss thereafter, up to ninety (90) days, shall be paid by the City at the employee's regular salary. -15- section E - Industrial Injurv When an employee is injured on the job and there is time loss, the employee shall go on the City's Industrial Insurance program and draw Worker's Compensation time loss benefits, which is equal to the State of Washington's Worker's Compensation Plan. For employees with less than six (6) months City service who qualify, that portion of sick leave paid shall be deducted from accumulated sick leave. -16- ARTICLE VI - HEALTH BENEFITS section A - Health Coverage During the term of this Agreement, the city agrees to provide medical, dental, and vision coverage for regular full-time employees and their eligible dependents. The City further agrees not to modify the existing level of benefits for the duration of the Agreement without agreement by the Union. NOTE: The City's proposed amendments to the Health Plan, within existing funding levels, remains an open issue at the time of completing this Agreement. Further discussions are pending to finalize the process. The terms and conditions of such health benefits, eligibility requirements, plan benefits and limitations are provided in the Plan summary, provided to each employee. The Union shall have two representatives on the Employee Advisory Committee for Wellness and Health Care Cost Containment. section B - Term Life Insurance: The City agrees to provide term life insurance for regular full-time employees, equal to one times annual salary, rounded to the nearest thousand. Additional optional life insurance is available for the employee's spouse, paid for by the employee through payroll deduction. section C - Long-Term Disability Coverage: The City agrees to provide long-term disability coverage for regular full-time employees. The premiums for such coverage shall be split, one-half paid by the City and one-half paid by the employee for 1991 coverage. Effective April, 1992, the City will pay the full cost of the long-term disability premiums. -17- 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; and 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 meanings: Grievance: A complaint by an employee concerning the interpreta- tion 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 City policy or an alleged violation of any term or condition of this Agreement. Dav: Calendar day, exclusive of Saturday, Sunday, and legal holidays. Emplovee: A regular full-time or regular part-time employee covered by this Agreement. Immediate Supervisor: The Division Head who assigns, reviews, or directs the work of an employee. Representative: A person who appears on behalf of the employee. Department Head: The employee reporting to the City manager I having direct responsibility over a City Department. 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 or State and/or Federal Safety Regulations. 2. Work performance evaluations, except where disciplinary actions occur. 3. Grievances filed after twenty (20) days from the con- clusion of the Labor-Management Committee discussion of the issue. -18- 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 griev- ance 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 representatives 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. Only a person(s) selected by the employee and made known to management prior to a scheduled grievance meeting shall have the right to represent or advocate as an employee's representative. 5. Nothing within this grievance procedure shall be construed as limiting the right of management to manage the affairs of the City. 6. Grievances of an identical nature, involving an alleged violation of the same Article, Section, etc., concerning the same subject matter, may be consolidated. 7. The union, as an organization, may file a grievance alleging that the City has violated specific rights afforded the organization in the Agreement. Such grievance shall be filed directly at the Department Head level. Section F - Labor Management Committee If an employee or the Union has a dispute which has not been resolved through discussion within the Department, the matter shall be brought before the next Labor-Management Committee following the occurrence or knowledge of the occurrence for discussion in an effort to resolve the issue. Such discussion shall precede the affected employee or the Union utilizing the formal grievance procedures. If the issue(s) in dispute is not resolved through -19- this informal process and the matter is a valid grievance, the formal grievance procedures may be used. section G - Formal Grievance Procedure step 1 - Department Head The 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 or similar form from the Union, together with any supporting documents. The grievance form and supporting documents shall be delivered to the Department Head within the time frames specified in the grievance procedure. The Department Head shall hold a meeting with the employee and his/her representative, if requested, within ten (10) days from the date the grievance is received 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 meeting. step 2 - city Manaqer If the employee is not satisfied with the decision of the Department Head, he/she may appeal the decision to the City Manager within ten (10) days from receipt of the Department Head's decision. The City Manager or his designee will hold a meeting with the concerned parties within ten (10) days of receipt of the grievance, all supporting documents, the Department Head's response, and the remedy requested, and issue a written decision within ten (10) days after the close of the meeting. step 3 - Bindinq Arbitration If the employee is not satisfied with the decision of the City Manager or designee, the employee may submit the grievance to binding arbitration, by written request to the City Manager within ten (10) days of receipt of the City Manager's decision. If the grievance is submitted to binding arbitration, the grievant, or his/her representative, and the City's representa- tive shall, within ten (10) days of receipt of the grievant's request, set a date for a meeting to: 1. Agree to any stipulations. -20- 2. Attempt to agree upon an issue statement. 3. Jointly request from the American Arbitration Associa- tion, Federal Mediation and Conciliation Service, or other mutually agreed upon source, a list of five (5) arbitrators, and upon receipt of this list, the parties will toss a coin to see who strikes the first name, and then each shall alternately strike a name, to arrive at an arbitrator who will hear the grievance. The parties may, however, mutually agree to an arbitrator without using the above arbitration selection process, or may request another list of arbitrators if both parties are not satisfied with the initial list of arbitrators. The parties agree that the grievance shall be heard before the arbitrator selected at the earliest possible date. The decision of the arbitrator shall be final and binding upon the parties. The arbitrator shall not have the ability to alter, amend, or modify any portion of the Labor Agreement, City policies, or regulations. The cost of the arbitration process shall be shared equally between the parties. Any cost or fees related to the presenta- tion of the case for each respective party shall be the respon- sibility of that party and shall not be shared as part of the arbitrator's expenses. -21- ARTICLE VIII - DURATION OF AGREEMENT This Agreement shall be effective April 1, 1991, and shall continue in full force and effect to and including March 31, 1994. Should either party desire to modify or terminate this Agreement, it shall serve written notice upon the other party at least sixty (60) days prior to the expiration of this Contract. of IN WITNESS WHEREOF, we attach our signatures this 2nd April , 1991. day CITY OF PORT ANGELES IBEW, LOCAL #997 ~~~~~ Lynn~mery Shop Stew r---. y . Pomeranz Manager e ~~~ Robert Coons Personnel Manager ~~ / Timm Kelly ~ President, Local #997 HRFM.6 -22- 5,~57 't MEMORANDUM March 29, 1991 TO: Mayor Sargent and city council Members FROM: Department of Administrative Services RE: Labor Agreement Between the City of Port Angeles and International Brotherhood of Electrical Workers Local #997 ISSUE: Should the City Council approve the attached labor agreement between the City of Port Angeles and IBEW Local #997 for the contract period covering April 1, 1991, through March 31, 1994? BACKGROUND/ANALYSIS: The city recently concluded contract negotiations between the city of Port Angeles and IBEW Local #997. The proposed agreement is attached for the City Council's consideration, together with an ordinance implementing a cost-of-living increase for employees in this bargaining unit. The bargaining unit represents 25 employees in several classifications in the Light Department and the mechanics within the Department of Administrative Services. The agreement provides for a 5% cost-of-living increase effective April 1, 1991. The second and third years of the agreement provide for a cost-of-living increase based upon 90% of the Seattle Consumer Price Index, Jan-Jan, with a minimum of 2% and maximum of 6%. If the CPI exceeds 8%, the wages may be renegotiated. Additional benefits provided for in the agreement include long-term disability (LTD) coverage and term life insurance. The LTD cost is funded through 50% paid for by the employee through payroll deduction. Lastly, the contract includes increasing the pay-off of sick leave accumulation upon retirement or death from 15% to 25% of accumula- tion. The attached Ordinance reflects the 1991 salary schedule for the classifications in the bargaining unit, with the wage increase effective April 1, 1991. FISCAL IMPACT: The cost-of-living increase for the 1991 contract year represents approximately $48,800 in wages and associated payroll benefits. The long-term disability coverage is divided between the City and the affected employees, with each paying $12.60 per month per . employee. The city's share represents $3,780 per year. The term life insurance policy, equal to one times annual salary, represents a cost of approximately $2,700 for the year for the bargaining unit. RECOMMENDATION: It is recommended the city council (1) approve the labor agreement between the city of Port Angeles and IBEW Local #997 for the contract duration of April 1, 1991, through March 31, 1994; (2) adopt the attached Ordinance implementing the salary schedule for the 1991 cost-of-living increase; and (3) authorize the City Clerk to publish the Ordinance by summary. f~a~ Robert Coons Personnel Manager RC: LM Attachments cc: city Manager Director of City Light Director of Administrative Services Business Representative, IBEW Local #997 HR.655