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HomeMy WebLinkAbout5.254 Original Contract '. '.' , ! I AGREEMENT BETWEEN TH!E CITY OF PORT ANGELES I I , , AND i AFSCME LOCAL #1619 January 1,2009 - December 31,2010 5. ~ 5.c.t AFSCME LOCAL #1619 COLLECTIVE BARGAINING AGREEMENT TABLE OF CONTENTS ARTICLE I - GENERAL PROVISIONS Section A - Entire Agreement Section B - Acknowledgments Section C - Recognition Section D - Savings Clause Section E - Non-Discrimination PAGE 1 1 1 2 2 ARTICLE II - RIGHTS OF PARTIES Section A - Management Rights Section B - Employee Rights Section C - Union Security Section D - Labor-Management Committee Section E - Negotiating Committee Section F - Payroll Deductions Section G - Notice of Work Rule Changes Section H - Personnel Records Section I -Vacancies Section J - Hiring and Transfers Section K - Disciplinary Procedures Section L - Union Presence During Orientation of New Employees Section M - Community Service Workers 3 3 4 4 4 5 5 5 5-6 6-7 8 8 8-9 ARTICLE III - WORKING CONDITIONS Section A - Hours of Work and Work Days Section B - Meal Periods and Rest Periods Section C - Shift Changes Section D - Work Stoppages Section E - Layoff Procedures Section F - Performance Evaluations Section G - Wage Freeze (Y-Rating) 10 10 10 11 11-13 13 14 ARTICLE IV - COMPENSATION Section A - Wages Section B - Longevity Pay Section C - Night Shift Premium Pay Section D - Overtime Compensation Section E - Call-Back Pay Section F - On-Call Pay Section G - Compensatory Time Section H - Temporary Assignments Section I - Higher Class Pay Section J - Certifications Section K - Tuition Reimbursement Section L - Benefits for Temporary Employees 15 15 15 15 16 16 16 16 16 17 17 17 . ARTICLE V - PAID LEAVE TIME Section A - Vacation Section B - Sick Leave Section C - Holidays 18 18-20 20 ARTICLE VI - HEALTH AND WELFARE BENEFITS Section A - Health Benefits Section B - Term Life Insurance Section C - Deferred Compensation Section 0 - IRS 125 Account Section E - Long-Term Disability Insurance 21 21 21 21 22 ARTICLE VII - GRIEVANCE PROCEDURE 23-25 ARTICLE VIII - DURATION OF AGREEMENT 26 ARTICLE I - GENERAL PROVISIONS Section A - Entire AQreement The Agreement expressed herein in writing constitutes the entire Agreement between the parties, and no oral statement shall add to or supersede any of its provisions. Section B - AcknowledQments 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 who work at least 1/6th time, and excludes work study and college intern programs, except employees of the Police and Fire Departments, Equipment Services Division, and the employees excluded pursuant to RCW 41.56.122 and 41.56.030. Position Types Defined. A description of types of positions employed with the bargaining unit of this Agreement are defined as follows: 1. Regular 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. 2. Regular Part Time Employment is defined as a position with work assignments that are on a continuous and re-occurring basis that is limited to less than full time and is budgeted annually as a regular part time position. These positions may be half time, three-quarters, or other portions of a year and are eligible to accrue pro-rated benefits. The threshold for pro-rated benefits is regularly working at least 70 hours or more per month during the calendar year. If the regular part time position is one-half time or greater, the position is afforded medical, dental, and vision benefits the same as a regular full time employee 3. Temporary Employment is defined as a position that is used in a full time or part time status to cover a specific need for a defined period of time, such as a leave of absence, injury, illness, short-term increased workload, special project or a similar situation, which replaces a regular employee. Positions will not be extended beyond 18 months unless mutually agreed to by the City and the Union. 4. Seasonal Employment is defined as a position that works, full time or part time and is laid-off at the end of the season. Seasons for any Division shall be determined by the needs of the department, but shall not exceed 8 consecutive months. Seasonal employees may not serve longer than 8 consecutive months of City employment. The pay range shall be Range 6, Step 1 of the salary schedule. Seasonal employees shall not be placed on standby, called out, or work overtime unless regular part time or full time employees within the division are offered the work and decline or are not available for these assignments. 5. 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 without cause during this period, without recourse to the grievance procedure, Article VII. Probationary periods shall apply to employees 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. Summer youth employees hired during the summer youth employment program will not be eligible for or considered for promotional opportunities. Section D - Savinas 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 - Manaaement Riahts The City and its management representative shall retain all customary rights, powers, functions, and authority normally reserved by management consistent with State law, local ordinance, and Department rules and regulations, 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 Riahts 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. 5. No employee will be required by the City to submit to a polygraph test or personality test as a condition of continued employment. 3 Section C - Union Security It shall be a condition of employment 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 first pay period after submittal of dues authorization to Payroll, 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 classification 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 herein above 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 "Recognition" 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/Manaaement 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 on a quarterly basis as a minimum or as needed upon the request of either party. Prior to meeting, each party will submit an agenda of items to be discussed. Each party shall have the right to select a reasonable number of members for the Labor/ Management Committee. Attendance by any employee is permitted as long as staffing needs are adequately met and with advanced approval of the Supervisor. Section E - Neaotiatina Committee The Union Negotiating Committee shall consist of four (4) employees, chosen by its members, who are regularly employed by the City, and the designated representative of the Union's Council #2. 4 Section F - Payroll 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. Additional 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 Chanaes The City agrees to notify the Union in writing of any changes to work rules/regulations at least twenty (20) 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 personnel actions (i.e., promotion, disciplinary actions, performance evaluations, pay status, etc.) shall be kept and maintained in the Human Resources 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 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, however, by the employee shall be within thirty (30) calendar days of receipt of the disciplinary action or performance evaluation and be of reasonable length. Section I - Vacancies 1. Regular and regular part-time vacant positions shall be posted internally for Ten (10) working days. Workdays shall mean Monday through Friday. Job postings shall indicate the deadline to file applications with the Human Resources Office. The posting will state that no applications will be accepted after the closing deadline, however applicants may submit letters of reference, resumes, or other relevant job-related information to accompany their application after the closing date. The job description shall be attached to the job postings for information relative to the assigned duties and qualifications. 5 2. All job postings shall be posted on a suitable bulletin board in each City department having employees covered by this agreement. These bulletin boards shall also have a place for official Union business. 3. Seasonal/temporary employees represented by the Union will be considered internal applicants for entry level positions if they are currently working or for a one year period following their date of separation. 4. When a regular position is no longer required, the City will notice the Union that the position is being abolished or if the position is not being filled for a period of time. The Human Resources Office will provide written notice to the Union President of this action. 5. Individuals who worked as temporary/seasonal employees for the City, in classifications represented by Local #1619, shall be eligible to compete as internal applicants for vacancies. Temporary/seasonal employee's eligibility as internal applicants shall be limited to 12 months from their last date of employment with the City. Section J - Hirina and Transfers List of classifications represented by AFSCME #1619, promotional and entry level. Entry Level Classes Switchboard Operator Events Coordinator Custodian Utility Worker 1/11 Water Quality Tech. 1/11 Eng. CADD Tech. Associate Planner IT System Coordinator Aquatic Coordinator Maintenance Carpenter WWTP Oper. 1/11 IT Support Specialist Eng. Permit Specialist Cashier Cemetery Assistant Meterreader Building Inspector Utility Billing Spec. Elect. Eng. Spec. System Analyst Bldg. Permit Tech. Aquatic Supervisor Accountant Recycling Coord. Payroll Specialist Asst. Civil Eng.I/11 Promotional Classes WWTP Oper. III Water Qual. Tech. III Backflow Inspector Parks Leadworker Sr. Maint. Carpenter Leadworker Meterreader II Senior Cashier Cust. Servo Supvr. Admin. Spec. II Landfill Scale Attendant Administrative Specialist I Parks Caretaker Permit Technician Accounting Technician Assistant Planner Utility Engineer Engineering Specialist GIS/CADD SpeCialist II Laboratory Specialist Customer Service Rep. Recreation Coordinator Administrative Specialist Trainee Solid Waste Supvr. Parks Facility Caretaker Water Maint. Supervisor Entry Level Position: The City will notify the union whether entry-level positions will be filled internal only or in conjunction with external recruitment. If the City recruits both internally and externally for entry-level positions, the internal candidates will be evaluated and considered before external candidates. The City will communicate with the union regarding external hires. However, this does not restrict the City from hiring externally even if internal candidates may meet the minimum qualifications. The City reserves the right to hire the best-qualified candidate, as determined by the City. 6 Any changes in the qualifications for a position covered under this contract will require the City to notify the Union prior to posting a recruiting notice. Promotional Positions: Promotional positions are those listed on the addendum to the contract. These classifications will be filled from within the existing regular full time or regular part time employees as long as the employees have an above average-performance rating and meet or exceed the qualifications for the classifications or there are three or more qualified employees competing for the position internally. In the event there are no qualified candidates internally, the City may recruit externally, however, prior to this the city will notify the Union of the decision. Unsuccessful internal candidates will be provided with an explanation. An employee promoted into a higher classification will be required to serve a six-month probationary period to demonstrate their ability to perform the duties and responsibilities of the higher class. In the event the employee fails to complete the probationary period, excluding termination for cause, the employee shall be placed back into the position held prior to the promotion at the same salary step the employee received before the promotion. The Union recognizes that failure to complete the probationary period may result in a layoff or termination of an employee to accommodate the return of the promoted employee to their former position. In evaluating the qualifications of internal candidates for promotions, the City will consider the following criteria and use education, training, and experience within and outside City employment: 1. Work related experience and abilities. 2. Education and training related to the position. 3. Work performance as indicated in performance evaluations. 4. Supervisory experience, if applicable. 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 Department 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. An employee shall have the right to revert back to his/her previous position for a period of thirty (30) calendar days, or prior to the posting of his/her previous position. 7 Section K - Disciplinary Procedures. 1. All discipline for employees covered under this Agreement shall be for just cause. 2. In the event of discipline (excluding verbal admonishments), the employee's Division Manager 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 that is subject to discipline that results in the loss of compensation, demotion, transfer, or loss of benefits shall use the grievance procedure of the labor contact. Step one of the grievance procedure will begin with the Division Manager. See Article VII, Grievance Procedures._ 4. The employee is entitled to representation at all stages of the disciplinary process. 5. Verbal admonishments, letters of caution, or letters of reprimand are not appealable to the grievance procedure. However, if a written reprimand is placed in the employees personnel file, the employee may submit a written reply for placement in the personnel file. A letter of reprimand is a formal letter and considered a discipline action and will be placed in the employee's personnel file. A letter of caution is not a reprimand. Neither a letter of caution or verbal admonishment will be counted as a prior offence in determining a range of appropriate remedies, unless the same or similar offense later occurs. At the request of the employee, written reprimands will be reviewed and considered for removal from the personnel file after eighteen (18) months if there is not a recurrence of any disciplinary action. 6. In the event the employee receives a letter of caution, as a form of minor discipline, the department will retain the document for a period of 3 - 12 months and if no further action is necessary to correct the problem, the letter shall be destroyed and not placed in the employee's personnel file. This process will be for minor personnel issues such as attendance problems, corrective action on performance, and other similar type activities. The employee may submit a written reply, which will be maintained with the letter of caution. Section L - Union Presence Durina Orientation of New Employees A union representative will be allowed adequate opportunity to address new employees during the Human Resources Office orientation process. The Human Resources Office shall provide a list of all new employees, their classification, and hire date to the local union president on a monthly basis. Section M - Community Service Workers The union agrees that the City has the right to use Community Service Workers. The City will limit the number of Community Service Workers assigned to each employee from 1-5, depending upon the type of work and size of the work project. Prior to employees being assigned a Community Service Worker(s), employees will receive training on their responsibilities, what to do in the event of a problem, and the name of someone to call in their department if assistance is needed. 8 Community Service Workers will be assigned a variety of menial work, including but not limited to vegetation control (manual, walk-behind mower, or weed-eater); litter control; washing vehicles; painting and cleaning of buildings/grounds. Community Service Workers will not operate City vehicles. The City agrees that Community Service Workers will not displace regular City employees. 9 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 and Rest Periods An employee will not be required to work more than four (4) consecutive hours without a meal break. The superintendent or supervisor shall determine the time for such a meal period, which shall be non-paid time and shall be for thirty (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 rates). Mealtime shall be as follows: breakfast, 3:00 am to 9:00 am; lunch 9:00 am to 3:00 pm; and dinner 3:00 pm to 3:00 am. An employee is responsible for his/her own meal if overtime is scheduled four or more hours in advance of the overtime shift. In the event an employee working overtime will complete the work within a reasonable period of time after the six (6) hours qualifying for a meal period, in the judgment of the supervisor, the project may be completed without the meal break and the employee will be entitled to the cash payment for the meal, based upon the above meal rates. Employees working 8-hour shifts shall be entitled to two (2) 15-minute rest periods; one during the first half of the 8-hour shift, and one during the second half of an 8-hour shift. Break times are scheduled by the superintendent or supervisor per department/division needs as to not interfere with City business and such breaks or meal periods shall not be accrued for use at a later time. The morning and afternoon breaks shall be taken in the field at the crew's current work site, unless the type of work being performed is not compatible due to efficiency, safety or other legitimate reasons with a break in the field. The superintendent or supervisor shall, at the beginning of the day when assigning the work, determine if it is appropriate for the crew to take their morning and/or afternoon break in a location other than at the job site. Section C - Shift Chanaes 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, unless the hours worked are in excess of those identified in Article IV, Section D. 10 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 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. If the Union or employees refuse to cross a primary picket line, the Union will provide notice immediately to the City so arrangements may be made to provide continued public services. Section E - Lavoff Procedures In the event that a reduction in the workforce occurs due to ef a shortage of work, budgetary reasons, a reduction in budgeted work hours from full-time to part-time for a regular full-time position, a reorganization resulting in reduced staffing levels, or other reasons of business or organizational necessity layoff shall be in accordance with the following: 1. Procedure for Lavoff. The City shall determine which classifications and the number of positions which will be affected. The City shall provide employees subject to lay-off with a minimum of thirty (30) calendar days written notice of the lay-off. The layoff letter shall advise the employee of the effective date and his/her recall rights. 11 Any correspondence between the employee and the City shall be through the Human Resources Office. 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 status in that classification, he/she will serve a probationary period. The employee's name shall remain on the recalllist(s) for a period of twenty-four (24) months from date of layoff. It shall be the responsibility of each person on the layoff Iist(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 attrition. If this is not possible, then: a. Layoff shall be by classification within a department. Prior to a regular full-time employee being displaced within a department, to the extent needed for reductions and for the affected classification, any volunteer (working without compensation in a recognized classification), temporary, part-time, seasonal or outside person (federal, state, or county) shall be laid off first within the affected department. In the Parks Department, this includes summer youth employment employees. b. The least senior regular full-time employee in an affected classification shall be subject to layoff, so defined in subsection 5 of this subsection. The employee subject to layoff shall have the right to bump a less senior employee in a lower or lateral classification for only those positions in which the employee meets the minimum educational, experience, technical skill qualifications, and any certification requirements for the position as indicated in the job description 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 classification is defined as any position within the department of equivalent pay grade lateral transfers in lieu of layoffs shall not be subject to an additional six-month probationary period. c. Time served in a different classification: An employee may have had a title change or been involved in a reclass or consolidation of classes during his employment with the City. For purposes of layoff, classification seniority will include time served in another class within the same occupational area and be added to his/her time in his/her present classification. Example: Equipment Operator I-II was abolished and consolidated into the Maintenance Worker II class. Time as a Equipment Operator will be added to time as a Maintenance Worker. d. In the event of a layoff, the City shall identify the position(s) scheduled for layoff and then meet with the Union to review the seniority for the affected employees. 3. Recall Rights: Any regular full time 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 status in that classification, he/she will serve a probationary period. 12 The employees name shall remain on the recall Iist(s) for a period of twenty-four (24) months from the date of layoff. It shall be the responsibility of each person on the layoff Iist(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 form 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. 4. 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. 5. Seniority. 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, vacation and sick leave accrual, from the adjusted 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 the adjusted hire date. b. Seniority status shall terminate upon the following: 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 towards the computation of seniority. d. The City Human Resources Manager will provide the Union with a seniority list upon request. It shall be each member's responsibility to verify the accuracy of the calculation of his/her seniority. Section F - Performance Evaluations This section applies to regular full time and regular part time employees. Seasonal or temporary employees are considered "at will" employees and may be terminated with or without cause during their employment and are not provided with performance evaluations on a regular basis. For new hires, performance evaluations will be conducted on probationary employees at 3 months and at 6 months. After completion of the probationary period, performance evaluations will be conducted on an annual basis. Special evaluations may be conducted at any time for performance related issues that may arise. 13 Employees that are eligible for a merit step increase will have their performance evaluations completed and the personnel action form processed within 30 days of the employee's anniversary date. Exceptions to this time period is for reasons that may be related to the employee requiring additional time for their comments or similar situations that delay the processing of the evaluation or personnel action form. Section G - Waae Freeze (Y-Ratina) : In the event the City and the Union mutually agree to conduct wage surveys and an employee's wages are frozen (called "Y-Rating"), the City agrees to provide a COLA equal to one-half of the annual cost of living adjustment, until such time as the employees salary catches up with the established salary range for the position. This provision does not apply to department reorganizations, consolidations, or reductions in force. For these types of employer actions, the City agrees to meet with the Union to bargain the impact of the decision and upon the affect to employees. Because these employer actions vary in scope and complexity, they will be handled on a case-by-case basis. If an employee's wages are reduced due to the organizational change, the City will bargain the affect with the Union before any action is taken. The City will attempt to administer employee wage reductions issues in a fair and consistent manner. 14 . ARTICLE IV - COMPENSATION Section A - Waaes. Effective January 1, 2009, the City agrees to an across the board wage increase of 5.58% for all representated classes in the bargaining unit. For 2010, the wage increase shall be 90% of the Seattle-Bremerton CPI, W-index, June-June, applied the following Janaury 1, 2010, with a minimum of 2% and a maximum of 5%. Section B - Lonaevity Pay Longevity premiums based upon the monthly salary shall be added to salaries in accordance with the following schedule: . Completion of five (5) years' service Completion of ten (10) years' service, an additional Completion of fifteen (15) years' service, an additional Completion of twenty (20) years' service, an additional 2% 2% 2% 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 Premium Pay Employees whose regular assignment is a night shift shall receive night shift premium pay equal to $.60 per hour. Night shift shall be defined as hours that begin between 11 :00 pm and 4:00 am and continue for 8 consecutive working hours. Section 0 - Overtime Compensation 1. Overtime shall apply for all hours compensated in excess of eight (8) hours in a workday, ten (10) hours in a workday if the employee is on a 4-10 work schedule, or forty (40) hours per week. 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, in addition to their holiday pay. 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 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. 15 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 $12 per day, Monday through Friday, and $24 for Saturday, Sunday, and holidays recognized in this Agreement. 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 option of the employee, receive compensatory time in lieu of cash payment for overtime or call back worked. Such compensatory time earned shall not exceed eighty (80) hours and may be taken off, subject to supervisory approval. All overtime hours worked in excess of the eighty (80) hours per calendar year shall be paid in cash. Scheduling of compensatory time may be taken in a 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 Assianments 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 - Hiaher 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. When employees are assigned to work in a classification outside of the contract for four (4) or more consecutive hours, their compensation shall be determined by first adding their base wage and longevity (if eligible) and then either placing them at Step A of the higher scale or providing them a five (5) percent wage adjustment, whichever is greater. 16 Section J - Certifications The City agrees to provide the cost of obtaining and retaining job-related certificates or licenses, including tuition, books, and 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 certificate 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 Temporary Employees 1. Holiday Pay: 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 2. Accrual of Sick Leave and Vacation Credit: Full time temporary or seasonal employees hired into a regular full time City position shall be pursuant to the following procedures: Accrual of sick leave and vacation shall be credited to the employee from their initial date of hire as long as there is not a break in service of 30 calendar days or longer. If such a break in service has occurred, the date for crediting the employee with sick leave and vacation credits shall be the date the employee was re-hired following the break in service. An employee shall not receive any sick leave or vacation credit for any workweek of less than full time in determining the retroactive accrual credits. Sick Leave credits may be used by the employee immediately per City policy. Vacation may not be used or accrued until the employee has completed their probationary period, and the contract provisions governing vacation shall apply. 3. Retirement Contributions for Temporary Emplovees Regular part-time or temporary employees shall contribute into the Public Employees Retirement System, in accordance with the law. 4. 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. 17 4 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 Days 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 the 6-month probationary period. 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. An employee may cash out up to 40 hours of vacation per year, subject to the following provisions: The employee must maintain a minimum of 200 hours of combined sick leave and vacation time at the time of the request and must maintain at least 80 hours of vacation. In September of each year, an employee that wants to cash out a portion of his/her vacation hours will submit a request to Human Resources on the vacation cash out form. The employee may then cash out the vacation during the following calendar year by sending a copy of the request to payroll. Vacation cash out will be on a regular paycheck. 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. 1. Sick Leave Accrual: Sick leave shall accrue at the rate of 3.69 hours per pay period 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. 18 . <It 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: Sick leave may be used for the following: 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: Immediate family shall include persons related by blood, marriage, or legal adoption, which includes: parent, wife, husband, brother, sister, child, grandparents, grandchildren, and any 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. 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) workdays 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. Familv Leave: Employees are covered by Federal/State Family Leave legislation which provides for leave of absence to care for a newborn child, adopted child or a child terminally ill. See the City of Port Angeles Personnel Policy and Procedure Manual, Chapter 7.06, Family Leave. f. Donation of Paid Leave Time for Catastrophic IIlness/lniurv: An employee may donate sick leave, vacation, compensatory 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. 19 . ... g. Worker's Compensation: An employee injured on the job, receiving workers compensation benefits, may use accrued sick leave, compensatory 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, 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. In the event of the death of an employee, the City will pay 50% of accumulated sick leave. Section C - Holidays The following named days shall be holidays to be observed at a time provided under State law: New Year's Day Veteran's Day Presidents Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Day Martin Luther King Jr. Birthday Two (2) floating holidays, to be taken in eight (8) hour increments, at a time mutually agreeable between the employee and the City. Employees hired during January through June shall receive two floating holidays; employees hired in July through December shall receive one floating holiday. 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. 20 " k ARTICLE VI . HEALTH AND WELFARE BENEFITS Section A - Health Benefits During the term of this Agreement, the City agrees to provide medical, dental, vision, and prescription drug coverage for regular full-time and regular part-time employees (who are budgeted to work 20 hours or more per week) and their eligible dependents. Medical Insurance: The City agrees to provide AWC medical Plan B and vision coverage ($25 deductible) through the Association of Washington Cities Trust. The City agrees to reimburse employees for certain co-payments (identified in Exhibit B) to make Plan B equal to Plan A coverage. Reimbursement of these co-pays shall be by procedures established by the City. The parties agree that effective Janaury 2010 the employees will switch from the AWC Medical Plan B to the AWC HealthFirst (formerly PPO Medical Plan) medical plan, and the cost sharing for employees will be 10% of the monthly premium. Dental Insurance: The City shall fund the dental coverage for the employee and eligible dependents for the duration of the agreement for the AWC Dental Plan F benefits. The City reserves the right to change insurance carriers as long as the benefits are equal to or greater than the plans noted above. If the City considers changing insurance carriers, the City shall notice the union prior to any change to meet and discuss the proposed action. Emplovee Medical Cost.sharina: The City and the Union agree to employee participation in the cost of monthly medical premiums. Dental and vision insurance shall be paid by the City for the duration of the contract. For 2009, the cost sharing process shall be that employees shall pay 12% of the medical insurance premiums for AWC Plan B The employees monthly medical premium shall be deducted from employees pay check on a bi-weekly basis. For 2010, the employees will be enrolled in the AWC HealthFirst Plan, and pay 10% of the monthly medical premium. Section B . 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, to a maximum of $50,000. Amounts beyond the annual salary coverage or for spouses will be at the employee's expense through payroll deduction procedures. Section C - Deferred Compensation: The City agrees to allow continued employee participation in a deferred compensation plan through payroll deduction. Section D -IRS 125 Account: The City shall provide an IRS 125 account for each employee who chooses to participate in the program. Any cost associated with the implementation or maintenance shall be paid by the City. 21 . .. Section E - Lona-Term Disabilitv Insurance: The City agrees to provide long-term disability insurance coverage for regular employees that work 30 hours or more per week. The coverage shall have a gO-day waiting period and benefits are subject to the terms and conditions of the plan booklet, provided to each employee. Due to the enrollment process, this benefit will become effective April 2006. 22 . 41 ARTICLE VII- GRIEVANCE PROCEDURE Section A - Obiectives To informally settle disagreements at the employee-supervisor level; to provide an orderly procedure to handle the grievance through each level of supervision; to correct if possible, the cause of the grievance to prevent future complaints; to promote harmonious relations among employees, their Division Managers, 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 8 - Definitions The following terms, as used in this Article, shall have the following meaning: 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 Supervisor. The Division Head who assigns, reviews, or directs the work of an employee. Representative: A person who is appointed by the Union or is a Union official who appears on behalf of the employee. Department Head: The employee reporting to the City Manager, having direct responsibility over a City Department. Section C - Exclusions. 1. Work assignments, unless the complaint arises out of an allegation that the employee was required to work in violation of applicable sections of this Agreement, 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. 23 .. .L 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' Riahts and Restrictions. 1. An employee may have Union 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 Union Officer or Union Official, 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. 24 .. ~ ~ 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 - City ManaQer: If the employee is not satisfied with the decision of the Department Head, he may appeal the decision to the City Manager within ten (10) days from receipt of the Department Head's decision. The City Manager or his designee will hold a meeting with the concerned parties within ten (10) days of receipt of the grievance, all supporting documents, the Department Head's response, and the remedy requested, and issue a written decision within ten (10) days after the close of the meeting. Step 3 - Binding Arbitration: The Union shall have tw~nty calendar days from receipt of the City Managers decision to request binding arbitration. If the grievance is submitted to binding arbitration, the Union representative and the Human Resources Manager shall, 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 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 arbitrator 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 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 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. The arbitrator shall issue a written decision to the parties within thirty (30) calendar days of the close of the hearing. 25 .. .j .... ARTICLE VIII - DURATION OF AGREEMENT This Agreement shall be effective January 1 2009 through December 31, 2010. 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. IN WITNESS WHEREOF, we hereunto attach our signatures this c9-&J.!L December 2008. day of CITY OF PORT ANGELES: G~ay0Y ~ , L.O$-~ Jer Osterman, Interim City Manager ~~ Bob Coons, Human Resources Manager AFSCME LOCAL #1619: i)~&~~ Dennis Bohton, Staff Representative "'~ 26 5f~5<J LETTER OF UNDERSTANDING By and Between City of Port Angeles and AFSCME Local 1619 City of Port Angeles and AFSCME Local 1619, parties to the Collective Bargaining Agreement (CBA), agree to cooperate and by mutual agreement establish a procedure for the effects on working conditions and to implement the Public Works and Utilities Department's new Foot Protection Policy that was transmitted on November 26,2008. 1) Each employee with ajob description covered in the Foot Protection Policy shall be required to have the appropriate footwear in order to work. 2) The City shall initially provide each of the employees required to have footwear (boots) requiring a protective toe (e.g., steel toe) either ofthe following two options: a) Upon submission to the employees Division Manager of the manufacturer's certification that a new pair of safety boots meets the appropriate ASTM standard and type, the employee shall be reimbursed through the normal reimbursement process of the Finance Department, the sum of$100.00 or the value of the new safety boot, whichever is lesser. A copy of the purchase receipt must be provided. b) The employee may alternatively elect to use a certificate provided by the City to acquire the shoes through a direct bill location established by the City (within the City limits). The certificate will allow the employee to acquire a pair of safety boots meeting the ASTM standard and type for a value not to exceed $150.00. Any amount over $150.00 shall be the responsibility of the employee. The employee shall be responsible for acquiring only boots that meet the ASTM standard and type specified by management. Employees shall have the appropriate safety footwear no later than January 31, 2009. 3) Newly hired employees required in the Foot Protection Policy to have footwear with a protective toe shall be entitled to an initial issuance using the options III paragraphs 1.a or 1.b above, and shall obtain the necessary boots within the first week of employment. 4) Thereafter, an employee may obtain a new pair of safety footwear using the reimbursement options in l.a or 1.b when their existing footwear is at least one year old, theIr existing footwear is deemed by management to need replacement, and that the employee is still part of the protective footwear program. Reasons for replacement include that the footwear is worn out, damaged beyond reasonable repair, or no longer capable of providing adequate safety. At that point, an employee shall be entitled to the replacement options provided in paragraphs 1.a or 1.b above. ... 5) Secondary footwear requirements for specialty work such as addItional rubber safety boots for working in trenches shall be purchased directly by the Division and issued to the employee. The City will evaluate the cost of footwear every 5 years, and adjust the reimbursement value based on the history of actual purchase costs over this period. 6) Footwear purchased using City funds shall be used solely for the work of the City. Footwear purchased entirely with City funds shall remain the property of the City. This Letter of Understanding will be incorporated into or maintained as an attachment to the next Collective Bargaining Agreement. ~c1~ Bob Coons Human Resources Manager Date: j- )-09- , ~~L.vt Marty L on President, AFSCME Local 1619 Date: / -~ -tJ 9 / pL~ Jerry Osterman City Manager Date: If)'/ 09 5. tR 51- Memorandum of Understanding Between the City of Port Angeles and AFSCME Local #1619 The City of Port Angeles and AFSCME, Local #1619, parities to a collective bargaining agreement (CBA) covering 2009 - 2010, hereby agree to amend the agreement relative to the hourly rate of pay and duration of employment for seasonal employees. The City is facing difficult financial conditions due to the serious downturn in the economy; therefore, the City is seeking to make budget reduction in the 2009 and 2010 CBA in an effort to possibly reduce the impact to regular positions. The parties agree to amend the 2009 - 2010 CBA in the following manner relative to seasonal employment: 1. The dur;:ttioJ;l of employment for seasonal hires will be reduced. Most of the . ' -' f., '.. ~ ., I . . ~ '. Parks Division seasonal hires will be 2A-months .with soine longer periods depending on the assigned work. 2. The salary range for Seasonal employees will be a 3-step range of $9.00 - $9.50 - $10.00 an hour. This will be used for new hires and les'ser skilled parks positions. The City will retain some seasonal positions hired at $14.51 per hour, who are employed in more skilled positions in Parks, Water, and Wastewater Divisions. These are generaily employees that return year after year, require more job skill training, and may be hired for longer periods of duration. The City will determine which positions fall into this area. 3. The hourly pay for seasonal hires will remain at the 3-step hourly rate in #2 and the $14.51 per hour for the duration of the CBA, without receiving any cost of living increases granted to the union through negotiations. For the City: For the Union: {}Hf~~~' Bob Coons, H.R. Manager A~~ Dennis Bolton , Coun~il #2, Staff Representative ~ ' , ~ J .', :l' Date: (-It? - Ocr Date: , ., .. ., " - . . ~