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HomeMy WebLinkAbout5.254 Original Contract t. 5,~51 t I ~~ COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND AFSCME LOCAL #1619 January 1, 1991 - December 31, 1993 .. ~ AFSCME LOCAL #1619 COLLECTIVE BARGAINING AGREEMENT TABLE OF CONTENTS ARTICLE I - GENERAL PROVISIONS section A - Entire Agreement . .. ..... 1 B - Acknowledgements . . . . . . . . .. 1 C - Recognition. . . . . . . . . . . .. 1 D - Savings Clause ... .... 2 E - Non-Discrimination . . . .. 2 ARTICLE II - RIGHTS OF PARTIES Section A - Management's Rights. . . . . . . . . B - Employee Rights. . . .. .... C - Union Security . . . . . . . . . . . D - Labor-Management Committee . . . . . E - Negotiating Committee. . . . . . . . F - Payroll Deductions . . . . . . . . . G - Notice of Work Rule Changes. H - Personnel Records. . . . . . . . I - Vacancies. . . . . J - Promotions/Transfers . . . . K - Disciplinary Procedures. . . . . . . L - Deferred Compensation. . . . ARTICLE III - WORKING CONDITIONS section A - Hours of Work. B - Meal Periods . C - Shift Changes. . . . . D - Work Stoppages E - Layoff Procedures. PAGE 3 3 4 4 5 5 5 5 6 6 7 8 9 9 9 9 10 ~ ~ ARTICLE IV - COMPENSATION section A - Wages. . B - Longevity Pay. . . . . . . . . . . . C - Night Shift Differential . . . . . . D - Overtime Pay . ... E - Call-Back Pay. . . . . . F - On-Call Pay. . . . . . G - Compensatory Time. H - Temporary Assignments. . . . . . I - Higher Class Pay . . . . . . . . J - Certifications . . . . . . . . . . . K - Tuition Reimbursement. . . . . . . . L - Benefits for Temporary Employees ARTICLE V - PAID LEAVE TIME Section A - Vacation . B - sick Leave C - Holidays . ........... ............. PAGE 13 13 13 13 14 14 14 14 14 15 15 15 16 16 18 ARTICLE VI - HEALTH BENEFITS. . . . . . . . . . . .. 20 ARTICLE VII - GRIEVANCE PROCEDURE . . . . . . . . .. 21 ARTICLE VIII - DURATION OF AGREEMENT. . . . . . . .. 25 ... ,!!, ARTICLE I - GENERAL PROVISIONS section A - Entire Agreement. writing constitutes the entire no oral statement shall add visions. The Agreement expressed herein in Agreement between the parties, and to or supersede any of its pro- section B - Acknowledqements. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, each voluntarily and unqualifiedly agrees to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. section C - Recoqnition. The City agrees to recognize the Union as the sole collective bargaining agent for all regular full-time, regular part-time, and temporary employees, except employees of the Police and Fire Departments, Equipment Rental Division, and the employees excluded pursuant to RCW 41.56.122 and 41.56.030. A. Position Types Defined. A description of types of positions employed with the bargaining unit of this Agreement are defined as follows: Reqular Employee - a person employed by the City in a capacity which is on-going and for which no specific termination point has been established and who has successfully completed his/her six (6) months' probationary period. Temporary Employee - a person employed by the City on a seasonal, cyclic, or short-term basis to accomplish a short-term project, or hired to relieve an employee on leave, or to assist during an unusually high work load and where the jOb has an end in sight. These jobs will not last more than twelve (12) consecutive months, unless a mutual agreement is reached to extend the time period. Probationary Employee - an employee working a test period of six (6) months during which he/she is required to demonstrate his/her abilities to perform the duties of the position to which he/she is appointed by actual performance of these duties. Newly- hired probationary employees may be discharged for cause during this period, without recourse to the grievance procedure, Article VII. Probationary periods shall also apply to employees laterally transferred or promoted to a new classification in accordance with Article II, Section J. Both regular and temporary employees may be employed on a full-time or part-time basis, therefore: Full-Time Employee - a person employed by the city whose average work week is 40 hours. -1- . r Part-Time Employee - a person employed by the City whose average work week is less than 40 hours. Prior employment guidelines students. to employment of employees for the program for 1989, the parties agree in establishing employment to assist summer youth to develop college-bound Summer youth employees hired during employment program will not be eligible for promotional opportunities. the summer youth or considered for Section D - Savinqs Clause. It is the intent of the parties to this Agreement to comply with all applicable laws and believe that all portions of this Agreement are lawful. All of this Agreement shall be complied with unless any such provision shall be declared invalid or inoperative by a court of final jurisdiction. In such event, either party may request renegotiation of the provision(s) declared invalid. The unaffected portions of the Agreement shall remain in full force and effect for the duration of the Agreement. However, any new provisions shall have no effect on the remaining provisions of this Agreement. Section E - Non-Discrimination. The City and the Union agree that they will not discriminate against any employee by reason of race, creed, age, color, sex, national origin, religion, handicapped status, marital status, or membership or non-membership in the Union. Wherever notations are used in the masculine gender, they are intended to apply equally to either gender. -2- ., , ARTICLE II - RIGHTS OF PARTIES section A - Manaqement' s Rights. The City and its management representative shall retain all customary rights, powers, func- tions, and authority normally reserved by management consistent with State law, local ordinance, and Department rules and regu- lations, and 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. Assign work and establish work schedules. 5. Engage in all types of personnel transactions and disciplinary proceedings in accordance with established ordinances and rules, and Department 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. Take any action necessary to carry out its mission in an emergency. Section B - Emplovee Riqhts. The Rights of Management may be limited and/or restricted by provisions of this labor Agreement, Federal law, State law, or an appropriate judicial authority. 1. All changes, modifications, or additions to written City policies, work rules, or regulations shall be posted for a minimum of thirty (30) calendar days. 2. All written City policies, work rules, or regulations will be uniformly applied. 3. Employees shall have the right to participate in opportunities for career development through such avenues as orientations, training seminars, and related activities. Additionally, continuing education for all employees is encouraged. 4. No undisclosed audio or video recordings shall be made of any employee on the job covered by this contract without the written consent of the employee, except in criminal investigation matters involving law enforcement agencies. -3- .., I 5. No employee will be required by the City to submit to a polygraph test or personality test as a condition of continued employment. Section C - union Securitv. It shall be a condition of employ- ment that all present employees of the City covered by this Agreement who are members of the Union, or choose to become members, in good standing on or after the effective date of this Agreement, shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement who are hired on or after the effective date of this Agreement, shall remain members in good standing. It shall also be a condition of emploYment that all employees covered by this Agreement who are hired on or after its effective date shall, on the thirtieth calendar day following the beginning of such employment, become and remain members in good standing in the Union. For the purposes of this Section, the execution date of this Agreement shall be considered as its effective date. The City agrees not to keep in its employ in the classi- fication listed herein anyone whose membership in the Union has been terminated because of failure to tender periodic dues or initiation fees uniformly required as a condition of acquiring or retaining membership in the Union. All new employees failing or refusing to secure membership in the Union shall, as hereinabove provided, upon written demand of the Union, be released from the employ of the City. If an employee objects to joining the Union, based on bona fide religious tenets, the employee shall pay an amount of money equivalent to initiation fees and Union dues to a non-religious charitable organization mutually agreed upon by the employee and the Union. The employee shall furnish written proof to the Union that such payment has been made. If the employee and the Union do not reach agreement on the organization, the Public Employment Relations Commission shall designate the charitable organization. It is understood and agreed that this clause on "Recogni- tion" does not require the City to violate any Federal or State law against discrimination in the hiring and firing of personnel and the Union agrees to indemnify the City for any loss the City may suffer from a charge of discrimination in carrying out its obligations under this clause. Section D - Labor-Manaqement Committee. In the interest of mutual trust and open communication between the parties and to 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, Personnel Manager, PUblic Works Director, Planning Director, City Light Director, Director of Administrative Ser- -4- , vices, and Parks and Recreation Director, and others as desig- nated by the City Manager. The members of this Committee for the Union shall be the Union business agent, Union officers and shop stewards. Attendance by any employee is permitted as long as staffing needs are adequately met and with advanced approval of the Department Head. Section E - Negotiatinq Committee. The Union Negotiating Com- mittee shall consist of four (4) employees, chosen by its mem- bers, who are regularly employed by the City, and the designated representative of 'the union's Council #2. section F - pavroll Deductions. 1. Deductions: It is agreed that the City shall permit payroll deductions for Union dues or other memberships, properly requested through payroll deduction authorization procedures established by the City, on a bi-weekly or monthly basis. Addi- tional requests are subject to any data processing limitations for space. Remittance of the aggregate amount of all such Union- related deductions made from employees' salaries shall be made to the Union within procedures established by the City, normally within one week after the City pay day. 2. Indemnification Clause: The Union agrees to indemnify and hold the City harmless from any errors or omissions which may arise as a result of the application of this provision. Such errors or omissions will be corrected for the next payroll period in which such withholdings occur. section G - Notice of Work Rule Chanqes. The City agrees to notify the Union in writing' of any changes to work rules/regulations at least ten (10) working 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, prior to implementation. Section H - Personnel Records. The City and the Union recognize that the employees' official personnel file relative to any per- sonnel actions (i.e., promotion, disciplinary actions, perform- ance evaluations, pay status, etc.) shall be kept and maintained in the Personnel Office. Departments may keep and maintain employee personnel files but such information in the Department files shall not be used relative to taking personnel actions. Any employee may review his personnel file Office or within the Department upon request, notice, and may have a copy of any information file(s). in the Personnel wi th reasonable contained in the Whenever a Department Head places information concerning the employee in the official personnel file, a copy will be provided to the employee. If such information is the result of disciplin- ary action or an unsatisfactory performance evaluation, the -5- .. , employee may submit a rebuttal which shall be made part of the employee's personnel file. Such a response, however, by the employee shall be within thirty (30) calendar days of receipt of the disciplinary action or performance evaluation and be of reason- able length. Section I - Vacancies. 1. A vacant position shall be filled within thirty (30) calendar days, provided a qualified person is available, unless the Union and the City mutually agree to extend the thirty (30) calendar day limit. When a regular position is no longer required, the City will announce the abolishment of the position by notifying the Union in writing. 2. All newly created jobs or vacated jobs to be filled shall be posted for a minimum of five (5) working days, except under emergency conditions. 3. All job postings shall state the job description, the necessary qualifications and to whom application for the position must be made. 4. All job postings shall be on a suitable bulletin board in each City Department covered by this Agreement. Said bulletin boards may also be used by the Union. Section J - Promotions/Transfers. Promotions. In the event of a vacant position covered by this Agreement, the City shall give first consideration to qualified internal applicants for promotion before external recruitment. Internal consideration shall mean that qualified employees will be given an interview and consideration for appointment prior to external posting and recruitment.' In review of internal candidates, the City will consider the following: 1. Qualifying experience and ability related to the position that the person is applying for, within or outside City employment. 2. Education and training related to the position that the person is applying for, within or outside City employment. 3. Supervisory experience, if applicable, within or outside City employment. 4. Performance evaluations and work performance. An employee promoted into a higher classification will be required to serve a six-month probationary period to demonstrate his/her ability to perform the duties and responsibilities of the higher classification. In the event an employee fails to com- plete the probationary period, excluding termination for cause, the employee shall be placed into his/her classification held prior to the promotion, at the same salary step the employee received -6- , before the promotion. The Union recognizes that failure to complete the proba- tionary period may result in a layoff or termination of an employee to accommodate the return of an employe to his/her previous position. Evaluation of the above considerations made by the City will be performed by the Personnel Office and the affected Department Head, together with review of the employee's prior performance evaluations, safety, and attendance records. Transfers. For purposes of this Agreement, a transfer is when an employee in a position in one classification transfers to another position in the same classification. In the event an employee is interested in a transfer, the employee shall submit a transfer request to the affected Depart- ment Head(s). If the employee meets the qualifications for the position in question, and the affected Department Head(s) agree to the transfer, a Personnel Action Form will be processed to initiate the action. The transferred employee shall remain at the salary range and step held prior to the transfer, without adjustment of the anniversary date for the employee's step increase. An employee transferring to another position within the same classification will not be required to serve a probationary period. Section K - Disciplinary Procedures. 1. All discipline for employees covered under this Agree- ment shall be for just cause. 2. 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. 3. An employee disciplined, other than verbal, has the right to have a meeting with his/her Department Head to address the facts of the incident. Such a meeting must be requested by the employee within five (5) working days after having knowledge of the discipline imposed by the employee's supervisor. The meeting is to provide the employee with the opportunity to present hiS/her side of the matter. The Department Head, after the meeting, shall either affirm, modify, or cancel the disciplinary action. In instances of written reprimands, the employee may appeal such actions ~o the City Manager. 4. The employee is entitled to representation at all stages of the disciplinary process, including the meeting with the Department Head. 5. Verbal or written reprimands are not appealable to the -7- , 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. 6. At the request of the employee, written reprimands, other than personal liability issues (i.e., accident reports), or more severe forms of disciplinary actions will be pulled from the personnel file after eighteen (18) months if there is not a recurrence of any disciplinary action. section L - Deferred Compensation. The City agrees to allow continued employee participation in a deferred compensation plan through payroll deduction. -8- I ARTICLE III - WORKING CONDITIONS section A - Hours of Work and Work Davs. For employees covered by this Agreement, the normal hours of work shall consist of: Work Week - The normal work week for regular full-time employees shall be 40 working hours, consisting of five (5) consecutive days on duty and two (2) days off, except where employees are working a 10 - 4 work schedule. Other alternative work schedules may be established by mutual agreement. Regular part-time employees shall work hours as assigned and the individual work week may vary. Work Dav The normal work day consists of eight (8) consecutive working hours in a twenty-four (24) hour period. The work shift shall be determined by the City. Section B - Meal Periods. Employees shall have as part of their regular work shift, a 30 or 60-minute non-paid meal period, as scheduled by the Supervisor. If an employee works overtime, a paid meal period of 30 minutes shall be provided if such work period extends to four (4) hours or more. Overtime meal periods shall be established by the supervisor and the City shall reimburse the employee according to the City Personnel Policy and Procedures Manual. section C - Shift Changes. 1. The City may, at its discretion, change an employee's work shift. In the event of a shift change, the City shall provide a minimum of ten (10) calendar days advance notice to the employees affected. However, such advance notice is not required in an emergency situation, as declared by the Department Head. An emergency is defined as an unanticipated event or occurrence. 2. The City shall not pay overtime to employees resulting from a scheduled shift change. Section D - Work Stoppaqes. 1. The City and the Union agree that the public interest requires the efficient and uninterrupted performance of all City services, and to this end, pledge their best efforts to avoid or eliminate any conduct contrary to this objective. During the life of the Agreement, the Union, its officials and representatives, shall not cause or condone any work stoppage, strike, slowdown or other interference with City functions by employees under this Agreement, and should same occur, the Union agrees to take appropriate steps to end such interference. Employees shall not cause or engage in any work stoppage, strike, slowdown or other interference with City functions for the term of this Agreement. Any work stoppage, strike, slowdown or other interference with City functions by employees under this Agreement shall constitute just cause for discharge or other disciplinary action, in accordance -9- ., :" with Article II, Section A, Management Rights. All wages and benefits of those engaging in the work stoppage shall terminate immediately upon the start of any work stoppage or interference. 2 . Unauthorized Stoppaqes. In the event, however, that there is a work stoppage or any other interference with City functions which is not authorized by the Union, the City agrees that there shall be no liability on the part of the Union, its officers or representatives, provided that in the event of such unauthorized action they first meet the following conditions: a. within not more than twenty-four (24) hours after the occurrence of any such unauthorized action, the Union shall publicly disavow the same by posting a notice on the bulletin boards available, stating that such action is unauthorized by the Union; b. The Union, its officers and representatives shall promptly order its members to return to work; c. The Union, its officers and representatives, will, in good faith, use every reasonable effort to terminate such unauthorized action. 3. No Lockout. The employer agrees not to lock out employees during the term of this Agreement. 4. Primary picket Line. Employees who refuse to cross a local, primary picket line, as recognized by the Union, shall not constitute a violation of this Agreement and shall not be cause for discharge or disciplinary action, provided such action by an employee shall be taken without pay if re-assignment is not feasible. section E - Layoff Procedures. In the event that a reduction in the workforce may become necessary because of a shortage of work or shortage of funds, the abolition of a position because of changes in the organization, or other reasons outside the em- ployee's control, which do not reflect discredit on the service of the employee, layoff shall be in accordance with the following: 1. Procedure for Layoff. The City shall determine which position classifications and the number of positions which will be affected. The City shall provide those employees subject to lay- off with fourteen (14) calendar days written notice of the lay-off. The layoff letter shall advise an employee of his recall rights and an address and contact person to direct all correspondence to. Any regular full-time City employee who is laid off shall have his/her name placed on a recall list for the classification which he/she was laid off from, and for any lower classification in which the employee is qualified and has more seniority than another employee on the list. If the employee has never held -10- " status in that classification, he/she will serve a probationary period. The employee's name shall remain on the recall list(s) for a period of twenty-four (24) months from date of layoff. It shall be the responsibility of each person on the layoff list(s) to keep the City informed of his/her current address and telephone number. Persons shall be recalled in the inverse order of layoff. The City shall have the right to remove any name from a layoff list if no response is received from a person on such list within fourteen (14) calendar days after the City has mailed a certified letter (return receipt requested) to the person's last known address. 2. Order of Lavoff. The City shall first attempt to achieve the required reduction of the workforce through normal attrition. If this is not possible, then: a. Any temporary, part-time and/or any outside persons (federal, state or county) or summer youth program employees in a specific classification affected by layoff and in a position covered by this bargaining agreement, shall be laid off prior to any regular full-time employee being laid off. The least senior regular full-time employee in an affected classification shall be subject to layoff, so defined in Subsection 4 of this Subsection. The employee subject to layoff shall have the right to bump a less senior employee in a lower classification for only those positions in which the employee meets the educational and technical skill qualifications for the position and has experience in the lower and/or similar classification sufficient such that technical on or off the jOb-site training, other than orientation, shall not be required and assumption of the position shall not result in a loss of productivity or interruption of work. Lateral transfers in lieu of layoffs shall not be subject to an additional six-month probationary period. 3. Service Time - Lavoff. Employees who separated from City employment because of budgetary reasons and returned to City employment within twenty-four (24) months, in accordance with the Layoff Procedures, shall be entitled to count the length of time of their prior City service for purposes of accrual of vacation, sick leave, and longevity pay. 4. Senioritv. a. Definition. Seniority shall commence from the most recent date of regular full-time or regular part-time employment with the City. Seniority shall not apply until an employee has completed the applicable probationary period. A break in seniority shall be defined as a break in service greater than thirty (30) working days while the employee is on non-paid status. Upon the completion of the probationary period, the employee shall be credited with seniority from the most recent date of hire. Time worked as a temporary or project employee shall be considered as equal to regular employment, provided there is no break in service. Seniority shall be computed upon actual hours worked, excluding overtime. -11- .. ,r b. Seniority status shall terminate upon the follow- ing: discharge, resignation, retirement, failure to return from an approved leave of absence, layoff of more than twenty-four (24) consecutive months, or, if recalled from layoff, within fourteen (14) calendar days from notice of recall from layoff, should the employee not return to work. c. Time on approved leaves of absence and layoff will not count toward the computation of seniority. d. The City Personnel Manager will provide the Union with a seniority list during the month of June of each year. It shall be each member's responsibility to verify the accuracy of the calculation of his/her seniority. -12- " r ARTICLE IV - COMPENSATION Section A - Waqes. 1. Effective January 1, 1991, wages shall be increased by 4% and effective July 1, 1991, shall be increased by an additional 2% for employees covered by this Agreement, see Exhibit A, Salary Schedule of Classifications, as an addendum to this Agreement. 2. Effective January 1, 1992, and January 1, 1993, wages shall be increased based upon 90% of the Seattle Consumer Price Index-W, January-January, with a minimum of 2% and a maximum of 6%. If the CPI exceeds 8%, wages shall be open for re-negotiation. Section B - Lonqevi tv Pav. Longevi ty premiums based upon the monthly salary shall be added to salaries in accordance with the following schedule: Completion of five (5) years' service 2% Completion of ten (10) years' service, an additional 2% Completion of fifteen (15) years' service, an additional 2% Completion of twenty (20) years' service, an additional 2% Longevity premiums shall be paid beginning with the first full pay period following the completion of the eligibility requirements. For the purpose of determining eligibility for longevity premiums, service shall be limited to time served in good standing as a full paid regular employee of the City Departments covered by this Agreement. Section C - Niqht Shift Differential. Employees whose regular assignment is a night shift shall receive additional compensation at the rate of $0.30 per hour for the time worked on night shift. Section D - Overtime Compensation. 1. Overtime hours are those hours which the employee is assigned to work in excess of forty (40) hours in the work week or eight (8) hours in the work day or ten (10) hours if on a 4/10 work schedule. 2. Scheduled overtime hours worked shall be paid at the rate of time and one-half the employee's regular rate of pay. 3. If an employee works on a named holiday (excluding floating holidays), 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 form of compensation paid to the employee. 5. Overtime work is a condition of employment, when called -13- ~ r 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 E - Call-Back Pay. An employee called back to work for non-scheduled overtime shall be compensated a minimum of two (2) hours at double the employee's regular rate of pay. Hours worked beyond the two (2) hour minimum shall continue to be paid at this rate until relieved of duty or the employee's regular shift begins. section F - On-Call Pay. Employees assigned to be "on-call" will be compensated during the period of time they are "on-call". The compensation will be $70 for each seven (7) consecutive calendar day period that an employee is designated "on-call". Additionally, all work performed after the employee's regularly scheduled shift will be paid at the time and one-half rate, with a one (1) hour minimum. Work performed not related to the initial on-call duty, as directed by the supervisor, shall be paid at double time, less the first hour, which is paid at time and one-half. section G - Compensatory Time. An employee assigned to work overtime may, at the discretion of the Department Head or designee, receive compensatory time in lieu of cash payment for overtime or call back worked. Denial of compensatory time shall not be made in an arbitrary or capricious manner. Such compensatory time earned shall not exceed eighty (80) hours and may be taken off, subj ect to supervisory approval. All overtime hours worked in excess of the eighty (80) hours per calendar year shall be paid in cash. Scheduling of compo time may be taken in as little as one- hour increments, with prior approval of the affected supervisor. Compensatory time is earned at the rate of one and one-half hour of compensatory time for each hour of overtime or call back worked, calculated to the nearest thirty (30) minutes. Section H - TemporarY Assiqnments. Temporary assignments will be filled by the qualified senior employee in the Department or major Division, provided that (a) the senior employee desires the temporary assignment, and (b) that there are no other senior employees who have comparable time in service; in which case, temporary assignments would be rotated among senior employees having comparable time in service. Comparable time in service is defined to be when the hiring date of an employee is within one (1) year of the hiring date of the senior employee. provisions for temporary assignments apply only to positions covered by this Agreement. Section I - Hiqher Class Pay. When an employee is assigned to work in a higher classification for four or more consecutive hours, the employee shall be paid higher class pay at a salary level for the higher class which reflects a typical one-step increase above the current base wage, for the duration of the assignment, calculated to the nearest thirty (30) minutes. -14- 4' r Section J - certifications. The city agrees to provide the cost of obtaining and retaining jOb-related certificates or licenses, including tuition, books, time with pay if necessary to attend seminars/workshops. The City also agrees to pay for the certification, maintenance and annual renewal fee. An employee interested in obtaining a jOb-related certifi- cate or license must provide a written request to the employee's supervisor and subject to Department Head approval. Section K - Tuition Reimbursement. The City shall reimburse employee expenses for books and college tuition for approved jOb- related course work per established City procedures, on the basis of 75% of such costs paid by the City and 25% paid by the employee. However, if funding is provided by another agency or source, the City's liability is 75% of the unfunded portion. Section L - Benefits for Temporarv Emplovees. 1. Holidav Pav. Any full-time temporary employee who completes six (6) months continuous service with the City shall receive time and one-half for work on a holiday. Any full-time temporary employee whose service is unbroken and who becomes a regular employee, shall have sick leave and vacation accumulation computed from date of employment, subject to the following rules: a. Sick Leave accrual shall begin with the date of full-time employment as a temporary employee; however, the accrued sick leave may not be used until the first month in which a temporary employee becomes a regular employee. b. Vacation Leave accrual shall begin with the date of full-time emploYment of a temporary employee; however, the maximum accrual of vacation days as a temporary full-time employee shall be in accordance with Article V, section A, Vacation, and may not be used until the temporary full-time employee becomes a full-time regular employee and has completed one (1) year of service from the date of employment. 2. Retirement Contributions for Temporarv Emplovees. Regular part-time or temporary employees who work ninety (90) hours or more per month for five months in a twelve (12) month period shall contribute into the Public Employees Retirement System, in accordance with the law. 3. Medical Benefits shall be available to full-time temporary employees according to the following rules: a. Six (6) months of consecutive full-time employment - medical benefits available at employee expense. b. Eighteen (18) months of consecutive full-time employment - City pays medical premiums. -15- #' , ARTICLE V - PAID LEAVE section A - Vacation. Annual leave with pay shall accrue to each full-time employee of the City at the following rates: 1. Effective January 1, 1988, annual leave with pay will accrue at the following rate: Upon Completion of: Hours Work Davs 1 through 5 years 88 hours 11 6 through 10 years 128 hours 16 11 through 15 years 168 hours 21 16 through 20 years 208 hours 26 21 through 25 years 248 hours 31 2. Annual leave will be granted full-time regular employees only after the completion of one (1) full year serVlce. Thereafter, the leave credited for any month of service may be taken in any subsequent month; provided, however, application for such leave will be made in advance and approved by the Department Head. 3. No employee shall be permitted to accumulate annual leave in excess of the amount earned over a two (2) year period and such leave is subject to provision "2" stated above. 4. Upon retirement, excess compensation beyond 240 hours for accrued but not used vacation/sick leave will be used to purchase "COBRA" medical benefits. The purpose of this section is to eliminate the ballooning effect to the employer caused by pay- off of sick leave/vacation accrual in excess of 240 hours, per HB 843 legislation. Vacation and sick leave accrual up to 240 hours will be paid in cash upon retirement. The City will calculate the amount of excess compensa- tion, notify the employee in writing, and place the funds in an interest-bearing account. These funds will be used to purchase medical coverage on a monthly basis for the retired employee and eligible dependents, if requested. Prior to expiration of these funds, but no sooner than one (1) year after separation, the employee will be notified and if any funds remain in the account, these will be paid in cash to the employee. Section B - sick Leave. 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 member as provided for in this Agreement. In the event of a serious illness to an employee who has exhausted his/her sick leave accrual, the City Manager may advance sick leave credits. However, approval or denial of such a request is at the discretion of the City Manager without the right to grieve the decision. -16- # 1. sick Leave Accrual. Sick leave shall accrue at the rate of eight (8) hours per month for all regular full-time employees covered by this Agreement. Regular part-time employees shall accrue sick leave on a prorated basis, based upon the budgeted allocation of hours for the position. The maximum sick leave accrual is unlimited for employees eligible to accrue sick leave. sick leave shall continue to accrue while the employee is on authorized paid leave. 2. Notification Requirements. An employee requesting sick leave usage must provide the proper notice as established by the Department Head. When a Department Head has reasonable cause to believe that an employee has misused his/her sick leave benefits, the Department Head may require the employee to provide proof of illness from a medical doctor. 3 . Use of sick Leave. following: sick leave may be used for the a. Illness or injury to the employee, on or off the job, resulting in an inability of the employee to perform his/her work. b. Illness/injury to the employee's immediate family requiring the attendance of the employee to medically care for the family member. Proof of this medical need may be requested by the City in the form of a doctor's verification. Immediate family, for purposes of sick leave benefits, is defined as follows: Spouse, child, or other depend- ent relative living in the employee's household. Use of sick leave is limited to three (3) days per incident, unless additional time is approved by the Department Head, or the employee qualifies under the Family Leave benefits. For dependent children covered by the state Family Leave Law, the following shall apply: (1) Any health condition affecting a covered employee's child under the age of 18 years which requires treatment or supervision including: (a) medical conditions requiring medication which cannot be self-administered; (b) medical or mental health conditions which would endanger the child's safety or recovery without the presence of a parent or guardian; (c) any condition warranting preventive heal th care, such as physical, dental, optical, or immunization services when a parent must be present to authorize; (d) any other circumstance which would constitute a permissible use of sick leave for the employee. -17- , , . .. c. Funeral Leave. sick leave may be used for purposes of attending a funeral of a family member. Use of sick leave for such reason shall be three (3) work days in anyone instance. Upon request of an employee, additional days shall be granted if he/she encounters extenuating circumstances or must travel great distances. d. Maternitv 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, compensatory time, etc.), an employee may request a maternity leave of absence without pay. The duration of a maternity leave of absence shall be based upon medical evidence provided to the employer. e. Family Leave. Employees are covered by the Family Leave Legislation adopted by the state of Washington which provides for leave of absence to care for a newborn or adopted child or a child terminally ill. See the City of Port Angeles Personnel Policy and Procedure Manual, Chapter 7, Leaves of Absence. f. Donation of Paid Leave Time for Catastrophic Illness/Iniurv. An employee may donate sick leave, vacation, compo time, or holiday time to another employee who has exhausted all paid leave time resulting from a catastrophic illness/injury. See the City's Personnel Policy and Procedures Manual, Chapter 7, Leaves of Absence, for specific conditions and eligibility procedures. g. Worker's Compensation. An employee injured on the job, receiving workers compensation benefits, may use accrued sick leave, compo time, vacation, and floating holiday credits to supplement the difference in worker's compensation benefits and the employee's regular wages. The total of worker's compensation benefits and sick leave credits shall not exceed the employee's normal take-home pay. 4. Sick Leave Cash-Out. Twenty-five percent (25%) of accumulated sick leave will be paid to the employee upon retire- ment, death or resignation in good standing when the employee has ten (10) years or more of regular full-time service with the City. An employee leaving City service not in good standing or terminated for just cause is not eligible for this benefit. Payment of this benefit to PERS I employees shall be limited by the provisions of Subsection 4 of Section A of this Article of the Agreement. section C - Holidavs. The following named days shall be holidays to be observed at a time provided under State law: New Year's Day Veteran's Day Washington's Birthday Memorial Day Labor Day Thanksgiving Day after Thanksgiving Christmas -18- # ",- Independence Day Two (2) floating holidays, to be taken in eight (8) hour increments, at a time mutually agreeable between the employee and the city. Whenever any of the above-named holidays falls on a Sunday, employees who generally do not work on Sunday shall have Monday as a holiday; and whenever any holiday falls on a Saturday, employees who generally do not work on Saturday shall have the previous Friday as a holiday. For those employees who do not work on a normal Monday through Friday shift, and their holiday falls on their scheduled day off, the holiday(s) shall be observed on the next following work day(s). Employees must work the scheduled day before and after a holiday in order to be paid for holidays. This does not apply to personnel on an authorized sick leave or annual leave. -19- " , ' .r ARTICLE VI - HEALTH BENEFITS During the term of this Agreement, the City agrees to pro- vide medical, dental, vision, and prescription drug coverage for regular full-time employees and their eligible dependents. Regular part-time employees budgeted to work one-half time or greater shall receive medical, dental, vision and prescription drug coverage for the employee only (excludes dependent coverage) . The City agrees not to modify the level of benefits for the duration of this Agreement, without prior agreement by the Union. At the time of finalizing this Agreement, the City and the Union were still in discussion relative to proposed changes to the medical and vision benefits. If the changes occur and are agreed upon, the benefit modifications will be incorporated into the Health Plan document and implemented through a letter of understanding. If agreement is not reached, the medical and vision benefits will remain as in place during 1990. The parties agree that two (2) representatives from AFSCME Local #1619 will be standing members of the WellnessjCost Con- tainment Committee. The Committee shall meet on at least a,monthly basis to monitor the health plan's objectives and to monitor its financial status. Further, that the representatives of AFSCME Local #1619 may recommend adjustments for benefit levels or enhancements, subject to collective bargaining. If, during the life of this Agreement, the Wellness Commit- tee finds that benefit modifications are available under the present funding formula, the parties agree to negotiate over the proposed modifications. Term Life Insurance: The City agrees to extend life insurance coverage to regular full-time employees represented by Local #1619 equal to one times their annual salary rounded to the nearest thousand. Amounts beyond the annual salary coverage or for spouses will be at the employee's expense through payroll deduction procedures. Lonq Term Disabilitv Coveraqe (L.T.D.): Effective January 1, 1992, the City agrees to provide Long Term Disability coverage for regular full-time employees through the Union-sponsored Trust Plan as provided the City during contract negotiations. -20- " .. )<' 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 cor- rect, 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 meaning: Grievance: A complaint by an employee concerning the interpre- tation 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. Day: Calendar day, exclusive of Saturday, Sunday, and legal holidays. Employee: A regular full-time or regular part-time employee covered by this Agreement. Immediate Suoervisor: The Division Head who assigns, reviews, or directs the work of an employee. Representative: A person who appears on behalf of the employee. Deoartment 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, city policy, or State law. 2. Work performance evaluations. 3. Impasses in collective bargaining. 4. Grievances filed after ten (10) work days from date of occurrence, or after ten (10) work days from the date the employee had knowledge of an occurrence. Section D - Time Limits. Time limits are established to settle grievances quickly. Time limits may be extended by agreement of the parties. If the grievant is not satisfied with the decision rendered, it shall be the grievant's responsibility to initiate the action which submits the grievance to the next level of review within the time limits specified. Failure of the employee to submit the grievance within the time limits imposed shall terminate -21- <I ;> i' 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. An employee may have representatives present at all steps of the grievance procedure. 2. Reasonable time in processing a grievance will be allowed during regular working hours for the shop steward, with advance supervisory approval. 3. Only a person 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. 4. Nothing within this grievance procedure shall be construed as limiting the right of management to manage the affairs of the city, except as specified in this Agreement. 5. Grievances of an identical nature, involving an alleged violation of the same Article, Section, etc., concerning the same subject matter, may be consolidated. 6. Confidential Communication. Any communications between a member of the Union and any recognized Union representative regarding a potential or actual employee grievance will be defined as confidential. 7. The Union, as 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 Step 1 (Department Head level), and shall be bound by the time limitations and procedures set forth in the grievance procedure. Section F - Informal Grievance Disposition. within the time limits specified above, the employee will promptly and verbally meet to discuss the complaint with his/her Division Manager. In those circumstances where the nature of the complaint involves the Division Manager, the employee may proceed to Step 1 of the formal grievance process, the Department Head. If the Division Manager fails to reply to the employee within five (5) days of the meeting, or if the employee is not satisfied with the decision, the employee may, within five (5) days, utilize the formal grievance procedure. Prior to initiating the formal grievance procedure, the employee shall submit the matter to the Union Grievance Committee for review and authorization. If approved by this Committee, the grievance may proceed. -22- ~ .. '. , 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 Union grievance form, 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 - Citv Manaqer. If the employee is not satisfied with the decision of the Department Head, he may appeal the decision to the city Manager within five (5) days from receipt of the Depart-ment Head's decision. The City Manager or his designee will hold a meeting with the concerned parties within ten (10) days of receipt of the grievance, all supporting documents, the Department Head's response, and the remedy requested, and issue a written decision within ten (10) days after the close of the meeting. step 3 - Bindinq Arbitration. If the grievance is submitted to binding arbitration, the grievant, or his representative, and the Personnel manager shall, within five (5) 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 Associa- tion, Federal Mediation and Conciliation Service, or other mutually agreed-upon source, a list of nine (9) arbitrators and upon receipt of this list, the parties will toss a coin to see who strikes the first name, and then each shall alternately strike a name, to arrive at an arbitrato~ who will hear the grievance. However, the parties may mutually agree upon an arbitrator without using the above arbitration service, or agree to request another list of names if both parties are not satisfied' with the names on 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 -23- " , , .. parties. The arbitrator shall not have the ability to alter or amend any portion of the labor Agreement, City policies, or regulations. The cost of the arbitration process shall be shared equally between the parties. Any cost or fees related to the presenta- tion of the case for each respective party shall be the respon- sibility of that party and shall not be shared as part of the arbitrator's expenses. . The arbitrator shall issue a written decision to the parties within thirty (30) calendar days of the close of the hearing. -24- 4 ,,- ,}' /" ARTICLE VIII - DURATION OF AGREEMENT This Agreement shall be effective January 1, 1991, and continue through December 31, 1993. Should either party desire to modify this Agreement, it shall serve written notice to the other party within six (6) months prior to the expiration date of this Agreement. dN WITNESS JHEREOF, we ;:(!t day of ~ hereunto attach our signatures this , 1991. CITY OF PORT ANGELES AFSCME LOCAL #1619 ~ {l~cJJ' Representative A. pomeranz, ity Manager ~~~~ Robert Coons, Personnel Manager ~ n~ Negotiating Team Member Deputy ~ector, Works Dept. ~c~ 7I~'h1~ dy ilton, Negotiat~ng Team M~mber ( HRFM.7A -25- J . ~JIII a 5, ;;(5<1 ~L!J {zW-h - . ([2/uje/L ~ bILA-- i ~ MEMORANDUM June 11, 1991 TO: Jack Pittis, Public Works Director Scott Brodhun, Parks & Rec Director Kay Godbey, Finance Director Bob Titus, City Light Director Brad Collins, Planning Director FROM: Bob Coons, Human Resources Manager RE: Letter of Understanding with AFSCME Local #1619 Please include the attached Letter of Understanding with your copy of the AFSCME Local #1619 labor agreement. This change is self-explanatory, but if you have any specific questions, please contact me at your convenience at ext. 117. Thank you for your attention in this matter. ~U~ Robert Coons, Human Resources Mgr. RC:CH Attachment cc: city Manager LETTER OF UNDERSTANDING BETWEEN THE CITY OF PORT ANGELES AND AFSCME LOCAL #1619 The following shall be added as an addendum to the Labor Contract between the City of Port Angeles and AFSCME Local #1619, for the contract period covering January 1, 1991 through December 31, 1993: Individuals who wO:L};:~d as t~mpul"Cl.cy / &~aSvnal elnployees for the City, in classifications represented by Local #1619, shall be eligible to compete as internal applicants for vacancies. Temporary/seasonal employees eligibility as internal applicants shall be limited to 12 months from their last date of employment with the City. Any temporary/seasonal employee discharged or who has an unsatisfactory exit performance evaluation shall not be eligible for rehire or compete as an internal applicant. For the City: For the Union: ~ Date 6 -It) '7/ Date ,. 3, "\. l . olin Cole Staff Representative ~c::e-6 ~~ Date &4/9/ Bob Coons Human Resources Manager ~-~ Date I-Y1 / President, Local #1619 5.d<s1 LETTER OF UNDERSTANDING BETWEEN THE CITY OF PORT ANGELES AND AFSCME LOCAL #1619 This Letter of Understanding is an addendum to the labor contract between the City of Port Angeles and AFSCME Local #1619, for the period of 1/91 - 12/93. The labor contract inadvertently omitted the 960 hour cap for sick leave payoff, therefore page 18 of the agreement, Sick Leave, #4, sick Leave Cash Out, shall be as follows: 4. sick Leave Cash Out. Twenty-five percent (25%) of accumulated sick leave to a maximum of 960 hours will be paid to the employee upon retirement, death or resignation in good standing when the employee has ten (10) years or more of regular full-time service with the city. An employee leaving City service not in good standing or terminated for just cause is not eligible for this benefit. Payment of shall be Subsection Agreement. this benefit to PERS I employees limited by the provisions of 4 of section A of this Article of Date ~ Date Lf.J 0 . 'f ( ~~~ Date 7'-;1(7/0/ Robert Coons Personnel Manager Date q~/"3()) y /