HomeMy WebLinkAbout5.257 Original Contract
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AGREEMENT BETWEEN
THE
CITY OF PORT ANGELES
AND
INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS
LOCAL #997, AFL-CIO
April 1, 2002 - December 31, 2004
IBEW LOCAL #997
COLLECTIVE BARGAINING AGREEMENT
TABLE OF CONTENTS
Page No.
ARTICLE I - GENERAL PROVISIONS
Section A - Purpose
Section B - Recognition
Section C - Savings Clause
Section D - N on-Discrimination
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2
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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
Section G - Notice of Changes to Work Rules
Section H - Personnel Records
Section I - Apprenticeship Program
Section J - Overnight Lodging for Travel
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3
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4
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6
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ARTICLE III - WORKING CONDITIONS
Section A - Hours of Work
Section B - Safety
Section C - Response Time
Section D - Meal Breaks When on Overtime
Section E - Work Stoppages
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ARTICLE IV - COMPENSATION
Section A - Wages
Section B - Overtime Pay
Section C - Compensatory Time
Section D - High Time Pay
Section E - Call Back
Section F - Higher Class Pay
Section G- Tuition Reimbursement
Section H - Safety Glasses
Section I - Boot Allowance
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10
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ARTICLE V - PAID LEAVE TIME
Section A - Vacation
Section B - Holidays
Section C - Sick Leave
Section D - Injury Subsidization
Section E - Industrial Injury
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13
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ARTICLE VI - HEALTH BENEFITS
Section A - Health Coverage
Section B - Life Insurance
Section C - Long Term Disability Coverage
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ARTICLE VII - GRIEVANCE PROCEDURE
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ARTICLE VIII - DURATION OF AGREEMENT
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ARTICLE I - GENERAL PROVISIONS
Section A - Purpose
This Agreement, 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
Agreement.
Section B - Recognition
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
Maintenance Technician
Serviceman
Traffic Sigfial Tcclmician
Line Foreman
Senior Meterman/Journeyman
Head Groundman
Senior Electrical Inspector
Fleet Maintenance Mechanic
Senior Fleet Maintenance Mechanic
Commercial and Institutional Energy Analyst
Energy Analyst/Inspector
Traffic Signal Electrician
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.
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.
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Section C - Savings Clause
It is the intention ofthe parties to comply with all applicable laws and believe that all portions ofthis
Agreement are lawful. All of this Agreement 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.
ARTICLE II - RIGHTS OF PARTIES
Section A - Management's Rights
The City and its management representatives shall retain all customary rights, powers, functions, and
authority normally reserved by management consistent with State law, local ordinances, and
Department rules and regulations. 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.
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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 Division 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.
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 ofthe 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 ofthe 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.
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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.
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 - Disciplinary 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 ofthe 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.
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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/Management Committee
In the interest of dc/cloping mutual trust and open communications bet'v'v'cen the parties and impro'/e
cmployce/employer rclations, the parties agrce to establish a Laborl Management Committce to meet
at times as mutually agreed upon. The members of this Committee for the City shall be the City
Manager, the I1uman Resources Manager, the Director of City Light Department and others as
designated by the City Manager. The members of this Committee for the Union shall be the shop
stevvards and selected Union representatives. Attendanee by ftft). employee is permitted, a3long as
staffing needs arc adequately met and 'vvith advanced approval ofthe Department I1ead.
Issues 'v\itieh arc re3ol-v'ed through the labor/management process, and 'v"vitieh affect the application
5f interpretation of this Agreement, shall, by mutual agreenlent of the parties, be put in 'v"v'fiting in
a letter of understanding as an addendum to this Agreement.
In the interest of developing and improving trust. communications, and employer-employee relations
between the Union and Management. the parties agree to establish a Labor/Management Committee.
This committee shall meet on an as-needed basis. In order to determine whether a dispute is subiect
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to the Labor Management Committee or the grievance procedures. the Union President and the
Human Resources Manager will discuss the matter in dispute.
The members of the Labor/Management Committee shall be no more than four members from the
Union and four representatives from Management. The Management personnel will be the Public
WorkslUtilities Director. the Deputv Director of Public WorkslUtilities. the Light Operations
Manager. and the Human Resources Manager. The Citv Manager may attend from time to time.
depending on the issue discussed or if the Union requests the City Manager's attendance at the
meeting. The Union members of this committee will be the Union shop steward and three others
as selected bv the Union.
The parties shall submit their agenda issues to each other prior to the meeting. The times and
frequence of the meetings shall be by mutual agreement of the parties.
Issues which are resolved through the LaborlManagement process which affect this labor contract
will be put in writing in a letter of understanding as an addendum to the contract. subject to approval
by the Union.
Section F - Vacancies
"''hen a -..acaney occurs in an IilE"" position, the vacfifiey shall be posted on bulletin boards '"vithin
the Department f-or a period of fi'v'e (5) 'Norking daj's. Any cligible applicant absent during the
posting because of vacation, sick lea'v'e, or industrial injury, e>r who meets the qualifications for thc
position, shall be given the opportunity to apply before permanent a.....ard is madc.
Applications mmt be mttde before the close of the '",,"ark day on the date specified in the posting
notice. Temporary assignment to the 'v'aeant position may be made during the application period.
Employees promoted to a nevI classification shall be required to serve a six month probationary
period during which hc/she is required to demonstrate his/her ability to perform the duties of the
position to 'vvhieh he/she is appointed. Should the person fail to satisfactorily perform in the ne.....
position, hc/she '"vill revert to the position hcld prior to the promotion or reclassification.
When a vacancy occurs in a position represented by IBEW. the jab posting will be posted for three
weeks (15 working days) before the recruitment period ends. A copy of the posting notice will the
sent to the Union Shop Steward. The City will attempt to make the posting notice available to
employees that may be on leave due to vacation. sick leave. or an approved leave of absence. so they
are aware of the opportunity to complete the process before the interviews are conducted.
Applications must be submitted to the Human Resources Office prior to the closing deadline in the
job posting. Temporary assignment to the vacant position may be made during the recruitment
period. until the job is filled.
Employees promoted to a higher class shall be required to serve a 6-month probationary period
during which time. he/she is required to demonstrate his/her ability to perform the duties of the
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higher level position. Should the person fail the probationary period. he/she will revert back 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 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.
Sedion I Performanee Reviews
The City agrccs to provide frrdmal performanec e"{aluations on or about the employee's annivCfsary
date, on the appropriate c-v'aluation f"Orm.
Section .J- I - 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 J- Overnight Lodging 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 through Friday, with Saturday, Sunday and holidays as scheduled days off duty. If the City
or the Union wish to establish any other work schedule, the parties may do so by mutual agreement,
which shall be in writing as an addendum to this contract.
The Union and the City agrce that a 4 10 ..,-..ork schedule is Mi option f-or consideration, subjeet to
mutual agreement bet'.veen the City Mid the Union. If such a work schedule is agreed upon, a written
Memorandum of Understanding -...ill be attached to the Agreement covering any conditions.
The normal -.vork v..cek is Monday through Friday, -...ith Saturdft)., Sundft), and holidays as scheduled
days 5ff duty.
The normal work day will t'tlft be from 7 AM to 3:30 PM or 8 AM to 4:30 PM, with a 30-minute
lunch period, or 8 AM to 5 PM with a 60-minute lunch period, scheduled by the supervisor at
approximately mid-point in the work day.
When, in a non emergency situation, it becomes necessar,' to schedule ....ork shifts '.vith \vork hours
other than the normal -,\'orking day, the City shall notify affected employees of such a work shift at
least sevcn (7) days in ad'vanee of thc scheduled shift change.
Whcn a shift change as notcd above is necessary, the City may establish special 8 hour shifts on a
straight time basis and pay shift differential pcr the applicable pfO'v'ision of this Agreemcnt. 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.
Work hours for the part-time mechanic shall be Monday-Friday and the City shall establish a regular
schedule for this position. The part-time mechanic may be assigned varying hours to fill in for
vacancies and unexpected absences as needed. However, the City will provide at least three days
notice of any shift changes, unless an emergency or unforeseen manpower shortage exists.
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 Foremafi ,...ill bc responsible for the safety of his ere\vs. The Line
Foreman/Shop Foreman will be responsible for the safety of his /her crews.
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Section C - ResDonse Time
Employees hired after April 1 , 1985, performing field operations in City Light Division, and Service
Garage mechanics shall reside within thirty (30) minutes response time from the shop. Travel time
is determined using normal driving conditions.
Section D - Meal Breaks When on Overtime Assignment
An employee will not be required to work more than gix (6) five (5) 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 the cost of the meals based on City
policy (IRS rate). 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 ~ five (5) hours qualifying for a meal period, in the judgment ofthe 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 - Wages
Effective April L 2002, the City will provide a cost-of-living increase equal to 3.0% to all
classifications in the bargaining unit. The COLA for 2003 shall be 3.0% effective Januarv 1,2003.
The COLA for 2004 shall be effective January 1 and shall be equal to 90% of the August 2003
Seattle-Bremerton CPI W-index (12 month annual figure) with a minimum of2% and a maximum
of 6%.
The parties further agree to establish a list of comparable cities to use for wage survey purposes for
the classifications of Fleet Mechanic and Senior Fleet Mechanic. These cities are Aberdeen, Lacey,
Oak Harbor, Wenatchee, Mt. Vernon, Pasco, and Marysville.
Section B - 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) or ten (10) hours in the work day,
depending on the work schedule.
2. Overtime hours worked shall be paid at the rate of double the employee's current rate of pay.
3. If an employee is called back to work in an overtime situation 4 hours or more before their
shift, and the work extends into the regular shift, the employee remains on overtime while
they are working, until an 8-hour rest period is provided.
4. If an employee .....orks on a holiday, the employee shall receive pay at the overtime rate for
those hours 'v"v'orked on the holiday. If an employee works on a holiday, the employee shall
receive pay at the overtime rate of pay (double time) for those hours worked on a holiday,
in addition to the holiday pay.
5. Overtime pay shall not be compounded with any other forms of compensation paid to the
employee.
6. 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 eighty (80) hours.
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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 eighty (80) 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 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 compensable.
Section D - High 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, f'Or employees covered by this Agreement
ifthe 'vvork shift assigned is other than the normal v,;ork shift defined under IIours of \V ork, Article
III, Section A.
Section F-E - Call Back
An employee called baek to 'NOrk, on other thtm his nomlal 'vvork schedule, shall be compensated
a minimum oft..,.;o (2) hours at the o'v-crtime rate of pay (i.e., double time). IIours 'vvorked beyond
the t\\'o hour minimuftl shall continue to be paid at the o'v'ertime rate until relieved of duty or the
en1ployee's regular shift begins.
If an employee is called out to work and receives anv combination of four hours or more at the
overtime rate. the employee will remain on overtime status until an eight (8) hour rest period is
provided. If the rest period is provided during the employee's regular shift hours. the employee will
be paid for their shift at the straight time rate. If the eight hour rest period ends before the end of the
regular shift. the employee will return to work for the remaining hours or use vacation or
compensatory time.
Employees called back for duty less than four (4) hours before the beginning of regular working
hours. or their shift hours. shall be paid at the overtime rate (except meal breaks. which are non-paid
time) from the time they are called until the beginning of their regular working hours or shift.
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A minimum of one (l) hour of overtime will be paid. Regular hours or shift hours following shall
be paid at straight time. If relieved from duty prior to the start oftheir regular shift, the two (2) hour
minimum of overtime (double time) shall apply.
Employees called back to work prior to the beginning of their regular shift, without sufficient time
to eat breakfast or prepare a lunch, shall receive compensation for the breakfast and lunch period
provided they continue to work. For the purpose of this agreement. meal periods shall be 6:30 am,
12:00 (noon). 6:00 pm, and midnight.
Section G-F - Higher Class Pay
~'hcn an employee is temporarily assigned to v.ork ill a higher classifieatioll, the employec shall
receive the eUffellt rate of pay of the first step of the higher classification for the duratioll of the
assignment. If the first step of the higher rate of pay is the same as or 10'vVcr than the employec's
eUlTCnt rate of pay, then hc v.ill reeeiyc the next higher pay step of the temporarily assigned position.
Due to WISHA requirements for a supervisor to be present in charge of a Line Crew, when an
employee is assigned by management to work in a higher class, the employee will be paid at the
salary of the higher class for those hours worked, calculated to the nearest 30 minutes.
In the event an emplovee in the bargaining unit is assigned by management to work out of class in
a management position, the compensation shall be a flat 5% premium pay based on the emplovees
regular rate of pay. In order to receive this pay the assignment must be for an 8-hour shift or longer.
Section-H G - 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 Supervisor 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.
Section H - Safety Glasses:
The City agrees to provide up to $100 per year for the purchase of approved safety glasses, with
receipt of purchase. Employees mav bank this amount for one year and use up to $200 every other
year for safety glasses.
Section I - Boot Allowance:
The City agrees to provide reimbursement for work boots up to 50% of the cost. not to exceed $150,
every two years. The style of the work boot is subiect to approval of the Light Operations Manager.
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ARTICLE V - P AID LEAVE TIME
Section A - Vacation
Vacation leave shall accrue to each employee covered by this Agreement as follows:
Annual Hrs.
Accrual
Days per
Year
Maximum
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.
An employee may request an extension of the vacation accrual maximum by submitting a written
request to the Department Head. The request shall provide justification for the request and a
reasonable time in which the accrual will be brought down below the maximum limit. It is
understood that an extension will not be authorized to increase vacation payoff, ifleaving the City.
Section B - Holidays
The following holidays will be observed during the term of this Agreement:
New Year's Day Independence Day
Washington's Birthday Labor Day
Memorial Day Veteran's Day
Christmas Day Thanksgiving Day
Two Floating Holidays Day after Thanksgiving Day
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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.
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
Agreement.
Sick Leave Accrual
Sick leave shall accrue at the rate of8 hours per month for all regular full-time employees covered
by this Agreement. The accrual of sick leave shall be unlimited, however, payoff 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 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 offthe 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 Departlumt Ikficl, 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 Dcpartmcnt Head employee's supervisor.
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.
13
3. Maternity Leave and Family Leave shall be pursuant to City Personnel Policy and
Procedures Manual Section 7.05 and 7.06.
4. 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 - Injury Subsidization - Applies only to Light Operations and Mechanic classifications.
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 ofthe two shall not exceed the employee's regular
salary. The first three days oftime 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. This section shall apply
only to full 8-hour days or longer periods of time lost. It shall not apply to sporadic periods of
disability or medical appointments of less than a full day.
Section E - Industrial Injury
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.
14
ARTICLE VI - HEALTH BENEFITS
Section A - Health Coverage
During the term of this Agreement, the City agrees to provide family medical coverage under the
A WC Plan "B". Specific areas identified below will be made equal to Plan "A" through
reimbursement of co-payments (see attachment B for Plan A and Plan B comparison). These areas
include:
· Hospital in-patient and out-patient
· Newborn care
· In-patient rehabilitation services
· In-patient mental health
· Ambulance charges
· Chiropractic services reimbursed once per year
· Organ transplants
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 A WC.
The Citv agrees to cover medical insurance premiums for the period of April 1 through December
31, 2002. The parties agree to open the contract to re-negotiate medical for the remaining two vears
of the contract.
The Union agrees to participate in a ioint bargaining process during 2002 with the City and the other
Unions concerning the possibility of employees sharing in the cost of medical insurance premium
mcreases.
The City reserves the right to select carriers for health benefits as long as the benefits are not
reduced.
The terms and conditions of stteh 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 with a maximum of$50,000, rounded to the nearest thousand. Additional optional life
insurance is available, 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
coverage shall have a 90 day waiting: period and benefits are subiect to the terms and conditions of
the plan booklet. provided to each employee.
15
ARTICLE VII - GRIEVANCE PROCEDURE
Section A - Objectives
To informally settle disagreements at the employee-supervisor level; to provide an orderly procedure
to handle the grievance through each level of supervision; to correct, if possible, the cause of the
grievance to prevent future complaints; to promote harmonious relations among employees, their
supervisors, and departmental administrators; to assure fair and equitable treatment of employees;
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 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 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 Suvervisor: The Division Manager who assigns, reviews, or directs the work of an
employee.
Representative: A person \;vho appears on behalf of the employee. The Union Shop Steward or
designee appointed by the Union President.
Devartment 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 hventy (20) Twenty-five (25) days from the conclusion of the
lahorlmanagcment emnmittec discussion of the issue from the incident or when the employee
had knowledge of the incident.
16
Section D - Time Limits
Time limits are established to settle grievances quickly. Time limits may be extended by agreement
of the parties. If the grievant is not satisfied with the decision rendered, it shall be the grievant's
responsibility to initiate the action which submits the grievance to the next level of review within
the time limits specified. Failure of the employee to submit the grievance within the time limits
imposed shall terminate the grievance process, and the matter shall be considered resolved. Failure
of the City to respond within the time limits specified will allow the grievant to submit the grievance
to the next higher step of the grievance procedure.
Section E - The Parties' Rights and Restrictions
1. A party to the grievance shall have the right to record a formal grievance meeting at the
expense ofthe 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 Union 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.
Seetion F Labor l\fanagement Committee
If an employee or the Union hag a digpute 'y,,,itieh hag not been resol-v'ed thfough digeuggion 'y'y'ithin
the Department:, the matter ghall be brought before the next Labor/Management: Committee
follo-Ning the oecurrenee or knowledge of the occurrence for digcussion in an effort to regol-v'e the
iggue. Such digeuggion ghall precede the affected employee or the Union utilizing the formal
grie'y'anee proeedureg. If the issue( g) in digpute is not regolved through thig informal proeegg and the
matter ig a 'y'alid gric-y'ance, the formftl grie-y'anee procedures may be uged.
17
Section F - Grievance Procedure
Step 1 - Division Manager: If an employee or the Union wishes to file a grievance, they mav do
so by completing the grievance form (Union or City grievance form) and submitting the completed
form to their Division Manager within the time limits specified above. Any documentation in
support of the grievance should be attached to the grievance form. The Division Manager shall meet
with the employee and the Union representative to hear the complaint or allegation and provide a
written response to the employeelUnion within five (5) working days after close of the meeting(s)
to discuss the matter. Failure ofthe Division Manager to respond to the employeelUnion within this
time period shall automatically elevate the grievance to the next level of the grievance procedure,
the Department Head, the Public WorkslUtilities Director.
A grievance, whether submitted by an employee or directly from the Union, must have a signature
of the Union President to be valid.
Section C Formal Grievance Proccd1:lfe
Step 2 - Department Head
If the emploveelUnion is not satisfied with the decision ofthe Division Manager, they may request
that the grievance be advanced to Step 2, the Department Head, within five (5) working days after
receipt of the Division Manager's decision.
The grievance procedure ~hall be initiated by the emplo:rcelUnion, ~tating the nature of the
grievance, the alleged -v'iolation by ~eetion or number, and the de~ired ~olution, in '/.Titing on the
grievance form together 'vvith any ~upporting document~.
The grievance form and ~upporting doeumeftt~ ~hall be dclivcred to the Department Head within the
time frame~ ~ceificd in the grievance procedure.
The Department Head shall hold a meeting with the employee and the Union representative 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 grievfrftec form to the employee and the Union
representative by the Department Head within ten (10) days from the close of the meeting.
Step 3 - City Manager
If the employeelUnion is not satisfied with the decision of the Department Head, the Union may
appeal the decision to the City Manager within ten (10) days from receipt of the Department Head's
decision.
The City Manager or hi~ de~igllee will hold a meeting with the Union President and the employee
within ten (10) days of receipt of the grievance or a mutually agreeable time, with all supporting
documents, the Department Head's response, and the remedy requested, and issue a written decision
within ten (10) work days after the close of the meeting.
18
Step 4 - Bindin!! Arbitration
If the Union is not satisfied with the decision of the City Manager or designee, the Union 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, Union representative, and the City's
Human Resources Manager shall, within ten (10) days of receipt ofthe 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 ofthis 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 ofthe 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.
19
ARTICLE VIII - DURATION OF AGREEMENT
This Agreement shall be effective April I, 2002, and shall continue in full force and effect ttMmd
including through December 31, 2004. 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 Agreement.
IN WITNESS WHEREOF, we attach our signatures this
day of June 2002.
CITY OF PORT ANGELES
IBEW. LOCAL #997
Glenn Wiggins, Mayor
Giles Cobb
President, IBEW Local #997
Mike Quinn, City Manager
James Shay
Vice-President, IBEW Local #997
Robert Coons
Human Resources Manager
Dave O'Donnell
Negotiating Team Member
ibew02
20
ARTICLE VIII - DURATION OF AGREEMENT
This Agreement shall be effective April 1, 2002, and shall continue in full force and effect te-tmd
including through December 31, 2004. 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 Agreement.
IN WITNESS WHEREOF, we attach our signatures this
/7.L dayO~
CITY OF PORT ANGELES
~~
----Glenn Wiggins, Mayor
IBEW, LOCAL #997
2~
Giles Cobb
President, IBEW Local #997
7d?~~
Robert Coons
Human Resources Manager
Dave O'Donnell
Negotiating Team Member
ibew02
18
5. :JS7
Memorandum of Understanding Between
The City of Port Angeles
and
IBEW Local #997
This memorandum of understanding is an addendum to the 2002-2004 labor contract
between the City of Port Angeles and the International Brotherhood of Electrical
Workers, Local #997. The parties agree to amend Article V, Paid Leave Time, Section
B, Holidays and add Martin Luther Kmg's bIrthday as a recognized paid holiday. This
shall be effective in 2004, the final year ofthe contract.
The amended contract section is attached to this memorandum of understanding.
For the City
~.~~
Michael QUI
City Manager
For the Umon
~~
Giles Cobb, IBEW #997
PresIdent
~~
Bob Coons
Human Resources Manager
-h.,~~~
es Shay, Shop Steward
Date: (,LJ,t.'1k ~
Date:
1_ C ,-"7__QOi~1~:'
"..
.~':N
s. ;)57
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF PORT ANGELES
AND
IBEW, LOCAL # 997
The parties collectIve bargaming agreement, concernmg the time period of April I, 2002
through December 31, 2004 is hereby amended as follows regarding payment of medIcal
insurance premIUms for the A WC Medical Plan B:
1. The IBEW agrees that employees will pay 3% of the total premIUms for
November/December 2003 through payroll deduction.
2. The IBEW agrees that employees WIll pay an additional 4% (for a total of
7%) of the total premIUm for January through December 2004.
For IBEW Local #997
>7?~
GIles Cobb, IBEW President
For the City of Port Ane:eles
{~-~-e~ .
-- ~.~.....c c ~11. ___
Michael Quinn, ity Manager
~~
Bob Coons
Human Resources Manager
~ ~
., ?.,.. .,
Glenn Wiggms, Mayor
D /1- 5"..... 2...00-<
ate: /
S.OJ57
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF PORT ANGELES
AND IBEW # 997
This memorandum of understanding is an addendum to the labor contract covering the period of
April 1 , 1999 thru March 31, 2002 and is entered into to resolve a dispute concerning the use of the
City's performance evaluation form.
The parties agree that the current City performance evaluation form will be an attachment to this
labor contract and that the parties will use this form for the current evaluation process underway in
the Public WorkslUtilities Department. The parties further agree that the contract section in the
labor agreement addressing performance evaluations (Article II, Section I ) will be renegotiated
during the upcoming round of bargaining.
The parties agree this letter of understanding will terminate 3/31/02 and mayor may not be
incorporated into the collective bargaining agreement at the time of negotiations.
For the City:
~ cf)~~~
Mike QuiI1R;"'City Manager
Giles Cobb, IBEW #997
President/Business Agent
~~
Bob Coons, Human Res. Mgr.
Date: 3/ ;).,IIJ 2-
.
Shay, IBEW Shop Steward
"\ _.-z-I - tJ '-----
Date: /