HomeMy WebLinkAbout5.257 Original Contract
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CITY OF PORT ANGELES
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321 EAST FIFTH ST , POBOX 1150 PORT ANGELES, WASHINGTON 98362
PHONE (206) 457-0411
AGREEMENT BETWEEN
THE
CITY OF PORT ANGELES
AND
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS
LOCAL #997, AFL-CIO
APRIL 1, 1994 - MARCH 31, 1997
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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 3
Section B - Union Security 3
Section C - Seniority 4
Section D - Discipline Procedure 5
Section E - Labor-Management Committee 5
Section F - Vacancies 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
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Paqe No.
ARTICLE IV - COMPENSATION
Section A - Wage Survey
Section B - Wages
Section C - Overtime Pay
Section D - Compensatory Time
Section E - High Time Pay
Section F - Shift Differential
Section G - Call Back
Section H - On-Call Assignment/Pay
section I - Higher Class Pay
section I - Tuition Reimbursement
10
10
11
11
12
12
12
12
12
12
ARTICLE V - PAID LEAVE TIME
section A - Vacation
Section B - Holidays
Section C - sick Leave
section D - Injury Subsidization
Section E - Industrial Injury
Section F - Family Leave
13
13
14
15
15
15
ARTICLE VI - HEALTH BENEFITS
16
ARTICLE VII - GRIEVANCE PROCEDURE
17
ARTICLE VIII - DURATION OF AGREEMENT
21
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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
International 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 representative
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
GIS CADD Specialist
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_ ini tiation __fees, _subj ect to the
Union security provisions of this Agreement.
This provision does not apply to work the city elects to
subcontract.
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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
applica~le 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 re-
negotiation 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.
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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
reserved by management consistent with State law, local ordinances,
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,
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. 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
Services 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
good standing on the thirty-first (31st) day of employment and
continuing through the term of this Agreement.
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Exception: A waiver of this membership requirement will be
granted to an employee, providing the employee presents
satisfactory 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
classifications 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, beginning
with the first day of this Agreement. The list shall show length
of service:
1. Service in present classification.
2. Continuous service with the City.
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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
violations, 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
communications 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_Director of City Light,
and others as designated by the city Manager.
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.
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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
writing 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 Chanqes 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 Human Resources Office.
Any employee may review his 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(s).
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, however, shall be
within thirty (30) days of receipt of the disciplinary action or
performance evaluation.
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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 Program
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.
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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)
consecutive 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
operations in City Light, and Service Garage mechanics shall
within thirty (30) minutes response time from the shop.
time is determined_using_normaL_driving_conditions.
field
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
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
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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 project 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 Stoppages
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.
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ARTICLE IV - COMPENSATION
Section A - Waqe Survey
As part of the 1994-1996 labor negotiations, the parties agree
to include the following 10 utilities, plus Clallam County PUD, in
a Lineman wage survey:
utilities
Customers
Centralia
Lakeview
Elmhurst
Pend Oreille
Benton
Modern
Orcas
Vera
Big Bend
Klickitat
8,300
8,021
10,700
6,301
10,133
7,900
9,000
6,410
6,518
8,645
Note: The benchmark
position for the survey
Is Journey Lineman
The parties selected the above utilities with the following
rationale in mind, lending continued stability to its labor
relations:
1) Ten comparables is a manageable number to survey. The
ten selected entities offer the closest comparison in terms of
customer population in comparison to Port Angeles with its customer
population of 9,500.
2) Clallam County is our neighboring electrical utility
within the Port Angeles area and is therefore included in the
survey.
3) All the utilities are located in the State of Washington
and offer a diverse geographic sample whose average customer
populations are within 15% of the city of Port Angeles, excluding
Clallam County PUD.
4) All the utilities are serving populations outside the
King, Snohomish, and Metropolitan labor market.
Section B - Wages
1) Effective 4/1/94, the City will provide a 2.7% across-
the-board wage increase for all classifications (after adjustment
for the Groundman position), plus maintenance of existing benefits.
See attachment "A", Salary Schedule .for 1994.
2) Effective 4/1/95, the City will provide a cost-of-living
increase to all classes in the bargaining unit, equal to 90% of the
Seattle CPI-W Index (second half of CPI annualized, published in
February) and maintenance of benefits. The results of the wage
survey will be applied to all classes in the unit, up to a maximum
of 5.0% for 1995 (COLA plus inequity increase).
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3) Effective 4/1/96, a cost-of-living increase will be
applied to all classes in the bargaining unit, equal to 90% of the
Seattle CPI-W Index (second half of CPI annualized, published in
February) and maintenance of benefits. Any portion of the inequity
increase remaining shall be applied effective 4/1/96.
section C - Overtime Pay
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 D - 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.
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"~~c"ompensator-y_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
compensable.
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section E - 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 F - 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 G - 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 H - 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 I - 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.
section J - 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-expeeted-to-meet-_the .minimum standards for taking the
course and must complete the course with a passing grade or
notification of course completion.
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ARTICLE V - PAID LEAVE TIME
Section A - Vacation
Vacation leave shall accrue to each employee covered by this
Agreement as follows:
Annual Hrs. 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
probationary 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.
Whenever the above-named holidays (excluding floating
holidays) 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.
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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 Manage.r.
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 Reauirements
An employee requesting sick leave usage must provide the
proper notice as established by the Department Head. When the
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 limited 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.
sick leave for family members is limited to care which is
medically necessary, with verification required from the attending
physician, if requested by the supervisor, to verify proper sick
leave usage.
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 expiration
of paid leave (sick leave, vacation, compo time, etc.), an employee
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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 paterni ty 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 - Iniury 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.
Section E - Industrial Iniury
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.
section F - FamilY Leave
Employees are covered by Federal/State Family Leave Legislation
which provides for leave of absence to care for a newborn child,
adopted child, or a child who is terminally ill. See the City of
Port Angeles Personnel Policy and Procedures Manual, Chapter 7,
Leaves of Absence.
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ARTICLE VI - HEALTH BENEFITS
section A - Health Coveraqe
During the term of this Agreement, the City agrees to provide
family medical coverage under the AWC Plan A. In the event Federal
or State health care legislation results in the AWe Plan to cease,
the parties agree to open the Contract on medical coverage.
The City agrees to provide family dental and vision coverage
for the term of this Agreement. The dental coverage is through the
self-insured plan of the City, and the vision benefits is the $25
deductible plan offered through AWC.
The City reserves the right to select carriers for health
benefits as long as the benefits are not reduced.
The terms and conditions of such health benefits, eligibility
requirements, plan benefits and limitations are provided in the
Plan summary, provided to each employee.
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, paid for by the employee through payroll deduction.
Section C - Lonq-Term Disabilitv Coverage:
The City agrees to provide long-term disability coverage for
regular full-time employees.
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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
interpretation or application of this
be filed when the employee believes
because of unfair application of a
violation of any term or condition of
employee concerning the
Agreement. A grievance may
an injustice has been done
City policy or an alleged
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 Su~ervisor: The Division Manager 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,
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
conclusion of the Labor/Management Committee discussion of the
issue.
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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 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 Manaqement 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
this informal process and the matter is a valid grievance, the
formal grievance procedures may be used.
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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 - Binding 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 representative
shall, within ten (10) days of receipt of the grievant's request,
set a date _for_a___meeting _to:
1. Agree to any stipulations.
2. Attempt to agree upon an issue statement.
3. Jointly request from the American Arbitration
Association, 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
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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 presentation
of the case for each respective party shall be the responsibility
of that party and shall not be shared as part of the arbitrator's
expenses.
a
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ARTICLE VIII - DURATION OF AGREEMENT
This Agreement shall be effective April 1, 1994, and shall
continue in full force and effect to and including March 31, 1997.
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.
IN ~TNESS WHEREOF, we attach our signatures this cQ'.:!!d- day
~L4.:t- , 1994.
of
CITY OF PORT ANGELES
IBEW. LOCAL #997
I
I
Member
~~~~
Robert Coons
Human Resources Manager
Member
~~~
Don Madison
a:;;~
Dave O'Donnell
Negotiating Team Member
IBEW.94
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LETTER OF UNDERSTANDING
BETWEEN THE CITY OF PORT ANGELES AND
IBEW #997
This letter of understanding is an addendum to the 1994-97 labor
agreement, and the parties agree as follows:
1) The attached wage survey represents the electric utilities
agreed upon as comparables. The data is for 1994 and will be
used for the inequity wage increase once Klickitat PUD is
available.
2) The City and the union agree that a wage survey for the office
classifications is not part of this labor contract, but does
not preclude such a survey in the future.
3) Language issues identified early in the negotiation process
shall be discussed for resolution through the labor/management
process.
4) The parties have reached agreement on the salary relationship
between Lineman, Groundman, and Apprentice Lineman, which are
incorporated into the 1994 salary schedule.
FOR THE CITY:
FOR_~~
~~07 ag
Date /' ~k
~~
Bob Coons
Human Resources Manager
Date 7 /z ~/ 9'~
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IBEWSAL ATTACHMENT "A"
7/15/94 IBEW #997 salary schedule - - -1994 (eff. 4/1/94)
--------------------------------------------------------
Occupation Percent of Hourly
Code Classification Lineman Rate
--------------------------------------------------------
4000 Line Foreman 112.5% $23.69
4001 Lineman 100% $21.06
4002 Apprentice Lstep 1 75% $15.80
Meterman step 2 78% $16.43
step 3 81% $17.06
step 4 84% $17.69
ste p 5 90% $18.95
step 6 95% $20.01
4003 Equipment Operator 89.5% $18.85
4004 Head Groundman 82.5% $17.37
4005 Ground man 69% $14.53
4006 Electrecal Inspector 100% $21.06
4007 Sr. Meterman/Journ. 105% $22.11
4008 Meterman 100% $21.06
~009 Warehouseman 87% $18.32
4010 Fleet Maint. Mechanic 81% $17.06
4011 Sr. FI. Maint. Mechanic 85.8% $18.07
4012 Maint. Technician 100% $21.06
4013 Sr. Elect.lnspector 105% $22.11
------------------------------------------------------------------------
Class/Occu p.code step 1 step 2 step 3 step 4 step 5 step 6 ste p 7
Conservation Aide $796.19 $820.58 $843.96 $872.41 $896.81 $923.21
4014 $1,725 $1,778 $1,829 $1,890 $1,943 $2,000
Energy Analyst/Insp. $1,003.50 $1,034.99 $1,064.97 $1,098.52 $1,131.02 $1,165.08 $1,198.61
4015 $2,174 $2,242 $2,307 $2,380 $2,451 $2,524 $2,597
Electrical Eng. Aide $1,003.50 $1,034.99 $1,064.97 $1,098.52 $1,131.02 $1,165.08 $1,198.61
4016 $2,174 $2,242 $2,307 $2,380 $2,451 $2,524 $2,597
GIS Cadd Specialist $1,131.02 $1,165.08 $1,198.61 $1,235.70 $1,272.78 $1 ,310.38 $1,348.48
$2,451 $2,524 $2,597 $2,677 $2,758 $2,839 $2,922
Elect. Eng. Spec. I $1,165.08 $1,198.61 $1,235.70 $1,272.78 $1,310.38 $1,348.48 $1,384.56
4017 $2,524 $2,597 $2,677 $2,758 $2,839 $2,922 $3,000
Elect. Eng. Spec. II $1,235.70 $1,272.78 $1,310.38 $1,348.48 $1,384.56 $1,423.19 $1,465.87
4018 $2,677 $2,758 $2,839 $2,922 $3,000 $3,084 $3,176
Comm.& Instit. Energy P $1,235.70 $1,272.78 $1,310.38 $1,348.48 $1,384.56 $1,423.19 $1,465.87
4019 $2,677 $2,758 $2,839 $2,922 $3,000 $3,084 $3,176
Power Analyst $1,348.48 $1,384.56 $1,423.19 $1,465.87 $1,506.52 $1,551.23 $1,595.43
4020 $2,922 $3,000 $3,084 $3,176 $3,264 $3,361 $3,457
NOTE: Monthly salaries are approximate and are displayedJor informational
purposes only. The official salaries are calculated on biweekly rates.
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IBE\^J\NAGE
7/19/94 IBEW #997 WAGE SURVEY
---------------------------------------
UTILITY
1994 HOURLY
WAGE
---------------------------------------
Clallam County PUD
Centralia
Lakeview
Elmhurst
Pend Oreille
Benton
Modern
Oreas
Vera
Big Bend
K1ickitat
average
Port Angeles
after 2.7% inc.
difference: average vs P .A.
percent difference
for inequity adjustment
$21.95
$22.85
$22.54
$22.05
$21.96
$21.85
$21.65
$21.62
$21.44
$20.50
not settled
$21.84
$20.51
$21.06
----------
$0.78
3.7%
...
5,c157
~,
MEMORANDUM
'~--. , -..:t!.o
o~~
/l'y MAN,..G~-
August 2, 1994
TO:
Mayor Sargent and City Council Members
FROM:
Bob Coons, Human Resources Manager
RE:
LABOR AGREEMENT BETWEEN THE CITY AND IBEW #997
ISSUE:
,
Should the City Council approve the attached labor agreement between the City of Port
Angeles and IBEW #997 for the contract period covering April 1, 1994 through March 31,
1997?
BACKGROUND/ANALYSIS:
The City recently concluded contract negotiations between the City of Port Angeles and the
International Brotherhood of Electrical Workers, Local #997 (IBEW). The proposed
agreement is attached for the City Council's consideration. The agreement provides for a
cost-of-living increase of 2.7%, effective April 1, 1994. The second and third year of the
agreement provides for a cost-of-living increase based upon 90% of the Seattle Consumer
Price Index. The economic proposal also includes maintenance of health benefits and a
wage survey for 1995. This bargaining unit has not had a wage survey conducted for many
years. This is a three-year labor contract.
On a related issue, several weeks ago the City reached agreement with the Teamsters union,
#589, for a new labor contract with the non-sworn bargaining unit. Staff inadvertently did
not request City Council approval of the 1994 salary ordinance for this unit. The salary
schedule was in the labor contract, but Council approval is needed for the ordinance as well.
The salary ordinance for this unit is included with the ordinance for the IBEW salary
schedule.
FISCAL IMPACT:
The cost-of-living adjustment for IBEW for the 1994 contract year represents $35,635. The
funds for this labor agreement are budgeted within the 1994 budget.
...
Memo - IBEW Labor Contract
July 27, 1994
Page -2-
RECOMMENDATION:
It is recommended the City Council (1) approve the labor agreement between the City of
Port Angeles and IBEW #997 for the contract duration of April 1, 1994 through March 31,
1997; and (2) adopt the attached salary ordinance for 1994 salaries for IBEW Local #997
and Teamsters union Local #589, non-sworn unit.
~~
Bob Coons, Human Resources Mgr.
Attachments
cc: City Manager
Terry Gossage, IBEW #997