HomeMy WebLinkAbout000782 Original ContractCity of Port Angeles
Record # 000782
BETWEEN
CITY OF PORT ANGELES
AND
TEAMSTERS LOCAL. 589
SWORN OFFICERS UNIT
January 1, 2012 thru December 31, 2014
TABLE OF CONTENTS
ARTICLE I - GENERAL PROVISIONS PAGE NO.
Section A - Purpose 1
Section B - Agreement 1
Section C - Recognition 1
Section D - Savings Clause 1
Section E - Non -Discrimination 2
ARTICLE II - RIGHTS OF PARTIES
Section A - Management Rights 3
Section B - Union Security 3
Section C - Payroll Deductions 4
Section D - Personnel Policy and Procedures 4
Section E - Record Keeping 5
Section F - Personnel Records 5
Section G - Labor -Management Committee 5
Section H - Police Department Employee Bill of Rights 6
Section I - Citizen Volunteer Programs 6
Section J - Promotions 7
Section k - Union Communications 7
ARTICLE III - WORKING CONDITIONS
Section A - Hours of Work
8-10
Section B - Shift Rotation
11
Section C - Response Time
11
Section D - Relatives Working in the Police Department
11
Section E - Work Stoppage
12
Section F - Drug Testing Policy
12
ARTICLE IV - COMPENSATION
Section A - Wages
16
Section B - Deferred Compensation
16
Section C - Longevity Pay
16
Section D - Overtime Compensation
16
Section E - Stand-by/Call-Back
17
Section F - Compensatory Time
17
Section G - Educational Incentive Pay
18
Section H - Tuition Reimbursement
18
Section I - Higher Class Pay
19
Section J - Uniform Maintenance Allowance
19
Section K - Field Training Officer Pay
20
ARTICLE V - PAID LEAVE TIME
Section A - Vacation 21
Section B - Sick Leave/Family Leave 21-22
Section C - Holidays 23
ARTICLE VI - HEALTH BENEFITS 24-25
Medical, Dental, and Vision
LTD, Life, & RWT Plus Retiree Fee
ARTICLE VII - GRIEVANCE PROCEDURE 26-28
ARTICLE VIII - DURATION OF AGREEMENT 29
APPENDIX "A" WAGE TABLE 30-31
TEAMSTERS LOCAL #589
SWORN OFFICERS UNIT
ARTICLE I - GENERAL PROVISIONS
Section A - Purpose
Teamsters Union, Local #589, hereinafter referred to as the Union, has as its purpose the setting
forth of the full and entire understanding of the parties regarding the matters set forth herein,
reached as the result of negotiations regarding wages, hours, and other terms and conditions of
This Contract, entered into by the City of Port Angeles, hereinafter referred to as the City, and
the employment of employees covered by this Contract.
Section B - Agreement
The rules contained herein constitute the entire Agreement between the City of Port
Angeles, hereinafter referred to as the City, and the employees of the Port Angeles Police
Department, represented by the Teamsters Union Local #589, hereinafter referred to as
the Union, concerning wages, hours and conditions of employment.
2. 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, the parties voluntarily and
unqualifiedly agree 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 - Recognition
The City recognizes the Union as the exclusive bargaining representative for purposes of
establishing wages, hours, and conditions of employment. The terms and conditions set forth
herein shall apply to employees in the following classifications:
• Police Officer
Police Corporal
Police Sergeant
The Union agrees to provide, in writing, the name of the shop steward(s) and notice and any
changes shall be provided to the Human Resources Manager.
Section D - Savings Clause
The City and the Union agree that should any portion of this Agreement be contrary to present or
future State or Federal laws, both parties agree to mutually resolve the conflicts. Neither the City
nor the Union shall be penalized or hold the other party responsible for conflicts which might
arise. 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, or marital status, or
Sexual Orientation and Genetic infonnation 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.
ARTICLE II - RIGHTS OF PARTIES
Section A - Management's Rights
The City and its management representatives shall retain all customary rights, powers, functions,
and authority normally reserved by management consistent with State law, local ordinances, and
Department rules and regulations. This management rights section does not give Management
the right to change or modify the existing negotiated contractual language of the Agreement.
The Management rights shall include but not be limited to the following:
The City retains its rights to manage and operate the Department except as may be
limited by an express provision of this Agreement.
2. Set standards of service, establish Department policy/procedures, work rules/regulations,
safety procedures, and personnel policies and procedures.
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, rules, "Just Cause", and Department Policy and Procedures
Manual.
6. Effect a reduction in authorized positions because of a lack of work, fiscal limitations,
organizational changes, or other legitimate reason.
Determine the number and classifications of personnel.
Take any action necessary to carry out its mission in an emergency.
Section B - Union Security
It shall be a condition of employment that all employees covered by this Agreement who
are members of the Union in good standing on the execution 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 and hired on or after its execution date shall by the
thirtieth (30th) day following initial hire, become and remain members in good standing
in the Union, or in lieu thereof, pay each month a service charge equivalent to initiation
fees and Union dues, paid to the Union, toward the administration of this Agreement.
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If objections to joining the Union are based on bona fide religious tenets and the employee
objects to joining the Union because of these beliefs, the employee shall pay an amount of
money equivalent to initiation fees and Union dues to a non -religious charity or to another
charitable organization mutually agreed upon by the employee and the Union. The employee
shall furnish written proof to the Union that payment has been made. If the employee and the
Union do not reach agreement on the charitable organization, the Public Employment Relations
Commission shall designate the charitable organization.
2. The Union agrees that membership in the Union will not be denied or terminated for any
reason other than the failure of the employee covered by this Agreement to tender the
initiation fee, Union dues or service charge. The parties agree that if an employee fails to
fulfill the obligation in (1) above, the Union shall provide the employee and the City with
thirty (30) days' notification of the employee's failure to comply with this Section and
during this period, the employee shall make restitution in the amount which is due or the
City shall terminate employment.
The City shall notify the Union of new employees within thirty (30) days of employment.
4. Indemnification Clause: The Union agrees to indemnify and hold the City harmless from
any liabilities of any nature, which may arise as a result of the application of this Article.
Section C - Payroll Deductions
1. Upon written authorization of an employee, the City shall deduct monthly dues from the
salary of each employee and shall transmit that amount to the Union, and will withhold
any other specified portion of an employee's salary for U.S. Savings Bonds, United Way
contributions, optional insurance coverage provided by the City, and D.R.I.V.E.
contributions.
2. The Union shall hold the City harmless against any claims brought against the City
arising out of the City making a good faith effort to comply with this Section.
The employee shall be allowed to withdraw from automatic payroll deduction of Union
dues with thirty (30) days' notice in writing to the Human Resources Office.
4. Payroll deductions for other authorized withholdings, noted above, except Union dues,
shall be subject to data processing limitations.
Section D - Personnel Policy and Procedures
Except where this Contract is different, wages, hours, holidays, sick leave, vacation and related
working conditions shall be in accordance with the current City Personnel Policies Manual.
Terms and conditions in this Manual subject to collective bargaining will be submitted to the
Union for review and negotiations prior to snaking changes.
Section E - Record Keeping
The City shall maintain records of overtime, time off and the data in the records system will be
made available to employees. The City will keep records of requests and disbursements
regarding tuition reimbursement.
Section F - Personnel Records
The City and the Union recognize that the employee's official personnel file relative to any
personnel actions (i.e., promotion, disciplinary actions, performance evaluations, pay status, etc.)
shall be kept and maintained in the Human Resources Office. Departments may keep and
maintain employee personnel files but information in the Department files shall not be used
relative to taking personnel actions, unless this information is also contained or referenced in the
official personnel file.
Any employee may review his/her 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.
Whenever a Department Head places information concerning the employee in the official
personnel file, a copy will be provided to the employee. If this 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. The response by the
employee shall be within thirty (30) working days of receipt of the disciplinary action or
performance evaluation and be of reasonable length.
Officers may request removal of disciplinary action documents from their personnel file one year
from the date the documentation was placed into the officers personnel file. Upon receipt of a
request, the matter will be placed before the Labor Management Committee, described in Article
II, Section G below, for review and recommendation to the Police Chief. The decision to
remove will at all times remain with the Police Chief.
Section G - Labor -Management Committee
In the interest of developing mutual trust and open communication between the parties and
improving 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 may include the City Manager, the Human
Resources Manager, the Police Chief, and others as needed.
The members of this Committee for the Union shall be the respective business agent for the
Union and two employees from the bargaining unit, and others that may need to attend not to
exceed 4 personnel.
Section H - Police Department Employee Sill of Ri2lits
Employees covered by this Agreement shall be entitled to the protection of the Port Angeles
Police Department Employee Bill of Rights.
Prior to an employee being questioned relative to a possible disciplinary matter, the
employee will be apprized of the issue and the nature of the complaint or issue under
investigation. The employee shall be provided with written notice in advance of any
disciplinary actions (excluding verbal or written reprimands). The written notice shall
include specific charges, citing the alleged violation of a rule/regulation, etc., and an
opportunity to respond to the charges.
2. Any questioning of an employee shall be at a reasonable hour, preferably when the
employee is on duty, unless the circumstances of the investigation dictate otherwise.
When practicable, questioning shall be scheduled during the day time.
The investigation and questioning of the employee (which shall not violate the
employee's constitutional rights) shall take place at the Port Angeles Police Department,
except when impractical. The employee shall be afforded an opportunity and facilities to
contact and consult privately with an attorney or representative of his own choosing
before being questioned, who may be present during questioning.
4. The questioning shall not be overly long and the employee shall be entitled to reasonable
intermissions, as they shall request for personal necessities, meals, telephone calls, and
rest periods.
5. The employee shall not be subjected to offensive language nor be threatened as a guise to
attempt to obtain his resignation. No promises or rewards shall be made as an
inducement to answer questions.
6. No employee covered by this Agreement shall be required to take or be subjected to a lie
detector or similar test as a condition of continued employment.
7. This Police Department Bill of Rights only applies to disciplinary actions and related
investigations, excluding cases of criminal investigations.
Section I - Citizen Volunteer Programs
Management reserves the right to establish citizen volunteer programs to perform non-critical
public service functions related to the department's Community Policing goals and objectives.
Programs or functions shall not supplant current full-time department personnel. If the
Department determines that it may have need of adding permitted actions to the list below, it will
contact the Union and the Union agrees to meet and confer with the Department Head.
Vacation house checks; annual City/Police auction; speed watch trailer program; distribution of
registered sex offender and criminal alert bulletins; crime prevention programs; assisting with
non -specialist tasks for the Records Division; assisting the Operations Division by acting in
capacities not requiring sworn officer status during special community events like as parades,
athletic events, and fairs, and with "citizen patrols" of areas and events like as the Waterfront
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Trail, City parks, and downtown area for the purposes of documenting and reporting illegal
activity to the Police Department
Citizen volunteers may be a deterrent to criminals by the mere fact that they are identifiable by
their "uniforms" and the vehicle they drive as an official component of the Police Department,
but they shall be trained not to represent themselves as sworn officers and to not act in any
capacity that would supplant or require a sworn officer. Citizen volunteers shall not be paid for
their duties.
Section J. Promotions:
1. The parties agree when there is a promotional vacancy in the classifications represented by
the Union, the City will post the recruitment notice for a minimum of 10 working days within the
Police Department.
2. Promotional openings for classes represented by the Union shall be filled only from within
the Port Angeles Police Department.
3. Classes currently represented by the labor contract are Police Officer, Corporal, and Sergeant
which will be the order of promotion.
4. Employees in probationary status shall be ineligible for promotional testing.
Section K, Union Communications:
1. A Union official who is an employee in the bargaining unit shall be granted time -off without
loss of pay for meetings with the employer concerning matters vital to the employees in the
bargaining unit; provided however, these activities shall not interfere with the normal
functioning of the Department and prior permission from the employee's supervisor shall be
obtained.
2. Union investigative and visitation privileges:
The Business Representative of the Union may visit the work location of employees covered by
this agreement at any reasonable time; provided however, visitations shall not interfere with the
normal functioning of the Department. The Business Representative agrees to notify
management of his presence in the work place.
3. Bulletin Boards: The Employer shall provide suitable space for a Union bulletin board on its
premises in an area which is frequented by all employees within the bargaining unit.
4. Union Business: Reasonable time off with pay shall be provided to affected employees to
attend official Union functions, like Union membership meetings; provided however, attendance
shall not interfere with the normal operations of the Department.
ARTICLE III - WORKING CONDITIONS
Section A - Hours of Work
Work Schedule for Officers Assigned a 4/11 Work Shift:.
The language in this section only applies to employees who are working the 4/11 schedule.. If at
any time either party determines that the 4/11 shift schedule is no longer going to be utilized then
all contract language will revert back to the contract language referencing an 8 hour shift.
Both parties enter into agreement regarding the 4/11 shift with the understanding that unforeseen
issues relating to the 4/11 shift schedule can be brought forward at anytime for further discussion
or clarification. Any changes made to shift schedule contract language will be incorporated into
the labor agreement by addendum.
Shift Bidding: Start times and teams will be determined by the Chief of Police or his designee.
Employees will bid annually for start times in order of seniority on their assigned teams.
Employees will bid one day shift time slot and one night shift time slot on their assigned team.
Employees will rotate from day shift to night shift as close to the halfway point of the work year
as possible.
Work Week: The regular work week shall consist of five (5) eight (8) hour days with two (2)
consecutive days off or, in the alternative, four (4) ten (10) hour days with three (3) consecutive
days off, or four (4) eleven (11) hour days with four (4) consecutive days off. Alternative shifts
may be adopted and utilized based upon mutual agreement of the City and the Employee. Each
work day shall include a 30 minute paid lunch and two (2) fifteen (15) minute rest breaks.
The maximum number of hours an employee may work shall be 13 hours in a work day, or 65
hours in a work week, except in emergency conditions as deternlined by the Police Chief.
Extended Shift Adjustments: Seven (7) days advance notice will be provided to changes to an
employee's established schedule, unless an emergent police situation requiring a reallocation of
personnel exists or a reassignment of personnel due to illness, injury, suspension, resignation or
termination of commissioned personnel with less than two weeks notice occurs.
An employee who is required to report back to duty on a new schedule without seven (7) days
advance notice and prior to completing a scheduled four days off shall receive overtime for that
portion of the work week worked which falls during the previously scheduled four days off. The
minimum notification period may be waived by the affected employee. This section does not
apply to employees that are called in to cover unscheduled overtime (i.e. Sick leave).
Mandatory Training Days: Employees working the 4/11 patrol schedule will attend at least six
(6) mandatory training days or assigned detail work throughout the year, in addition to their
regularly scheduled work days.
These training days will be assigned based on the agency's needs. Training days will not fall on
the employee's calendar weekend (Saturday/Sunday) and will be scheduled on the employees'
last regularly scheduled day off. These days will be scheduled no later than 30 days in advance
and shall not be included in the calculations of an employees work week for purposes of
overtime.
These days are used to get employees to the 2080 hours that are required of a full-time employee
for the work year. Full time employees are required to work 2080 hrs in a work year. Training
days will be scheduled in advance and are considered part of the employee's regularly scheduled
work week during the weeks they occur. These training days shall be paid at regular pay scale
and shall not be included in calculations for purposes of overtime.
Overtime: All work performed by employees in excess of eleven (11) hours in the same work
day or in excess of 44 hours in the same work week shall be compensated at the overtime rate.
Any time worked on a scheduled day off shall be compensated at the overtime rate excluding the
training days as identified above. A twenty four (24) hour day, for application of this provision
shall be from 2400 to 2400 hours. Any hours worked prior to the expiration of ten hours between
shifts for patrol officers shall be paid at the overtime rate. The employer may cover employees
performing law enforcement activities under special overtime provisions as identified in the Port
Angeles Police Department Policy & Procedure Manual, Policy 1038, Overtime Payment
Requests.
When overtime arises for situations that were unplanned (i.e. Sick Leave) the overtime will first
be offered to the employee(s) that are scheduled to be getting off or coming in first to work. If
neither employee volunteers to cover the overtime then it will be offered to all employees on
their days off in descending seniority. If no employee on their days off volunteer to cover the
overtime then the overtime will be assigned to the employee(s) on shift in ascending seniority.
Exemption: If an employee is required to report to the employee's scheduled shift within ten
(10) hours of working his or her previously scheduled shift, then the employee shall earn pay at
the overtime rate until a ten (10) hour or more period of time falls between the employee's
scheduled shifts. Employees may flex their shift forward by two hours in lieu of overtime if
adequate road coverage permits and at the approval of their supervisor to allow for the ten (10)
hours of rest between shifts.
The intent of the ten (10) hour rule is to economically support allowing officers at least a ten (10)
hour period between working scheduled patrol or detective shifts. It does not invoke paying
overtime when personnel attend training or meetings between shifts or under emergency
circumstances like as barricaded suspects, riots, major crimes, and disasters.
This sub -section does not apply to necessary in-service training including but not limited to the
following: First Aid/CPR; BAC certification and refresher; firearms qualifications, practice and
training; defensive tactics; blood and airborne pathogens; supervision; emergency vehicle
operation; criminal law updates (arrests, search and seizure, vehicle stops, etc); instructor
certifications and re -certifications; and staff/department meetings.
K-9 Officers: An employee assigned as a K-9 handler shall receive sixty (60) minutes of dog
maintenance time per shift. This time will either be paid at the officer's overtime rate of pay, or
if staffing allows the officer can adjust their start or end time one (1) hour. If the officer chooses
to move their start/end time they will still be compensated for eleven (11) hours.
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Holiday pay: If an employee is scheduled to work on a holiday, the employee shall receive pay
at the rate of time and one-half for all hours worked on the holiday. All hours worked on a
holiday in excess of eleven (11) hours shall be paid at the double time rate. When an employee is
called back to work on a holiday for which he was not previously scheduled to work, all hours
worked shall be paid at the double time rate.
2. Work Week without 4X11 work week assigmnent The normal hours on duty for
personnel shall be established by the City so the hours worked in any week shall be
composed of five consecutive eight (8) hour days and two (2) consecutive days off duty,
or four (4) consecutive ten (10) hour days and three (3) consecutive days off duty. The
City may require overlapping shifts if needed. Starting time for all regular shifts shall be
as follows:
Patrol shifts are:
Days: 7:00 AM to 3:00 PM
Swing: 3:00 PM to 11:00 PM
Graveyard: 11:00 PM to 7:00 AM
Detective, shifts are:
Days: 7:00 AM to 3:00 PM
8:00 AM to 4:00 PM
9:00 AM to 5:00 PM
10:00 AM to 6:00 PM
SRO and DRO schedule are by mutual agreement.
Work Day: The normal work day, for Patrol and Detectives shall be as in the table
above. (separated at the approximate mid -point by a meal period, if appropriate, as
defined herein). The starting and ending times of the work day (a shift) shall be
determined by the City.
4. Personal Requests: Personal requests for a change or trade of day, or shift must be
approved by administration. The City shall not be obligated to provide overtime or
additional compensation to the affected employees for overtime incurred resulting from a
requested change or trade of day, or shift for personal reasons nor shall the City be
obligated to pay for time not worked in a normal work week as a result of changed or
traded of shifts.
Rest Periods: The City shall provide two 15 -minute rest periods; one in the first half and
one in the second half of the shift. Rest periods may not be permitted if Departmental
operations would be affected.
Rest periods, if not taken as scheduled by the supervisor, shall not be accrued and taken
beyond the current shift.
Meal Periods: Meal periods shall be scheduled by the City and will be either 30 minutes
of paid time or 60 minutes of non -paid time, as determined by the City. The Supervisor
shall determine the meal period during the shift.
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The K-9 Officer's work day shall be an 8 -hour shift, including 60 minutes of dog
maintenance.
8. Regular Detective: Alternatives to the regular detective days of work and the selection of
shifts in the Detective Division shall be the responsibility of the Detective Sergeant, with
administrative approval.
Alternative shift rotations and work days may be discussed and implemented by mutual
agreement of the parties. Any changes will be in writing as an addendum to this
Agreement.
Seven days advance notice will be provided to changes to an employee's
established schedule, unless an emergent police situation requiring a reallocation
of personnel exists or a reassignment of personnel due to illness, injury,
suspension or resignation or termination of commissioned personnel with less
than two weeks notice is necessitated.
An employee who is required to report back to duty on a new schedule without
seven (7) days advance notice and prior to completing a scheduled two days off
shall receive overtime for that portion of the work week worked which falls
during the previously scheduled two days off.
b. Nonstandard days or extra shifts may be scheduled for the following reasons,
when needed, and will be scheduled 24 hours in advance, unless an emergency
manpower situation exists:
To provide staff for a special services section that may include, but is not limited
to, Bicycle Patrol Crime Prevention duties, , DUI emphasis patrols,
focused crime prevention patrols, criminal investigations, or community policing
functions as adopted by the department.
Section B - Shift Rotation (when not on 4XI1 schedule)
The City may, at its discretion, change an employee's workday or shift. In the event of these
changes or rotations, the City shall provide a minimum of seven (7) calendar days' advance
notice to the employees affected.
Section C - Response Time
Employees covered by this agreement shall reside within a 30 -minute response time from the
Police Department Headquarters. Driving time shall be calculated using the lawful speed limits.
Section D - Relatives Working in the Police Department
If employees in the Police Department become related through marriage or cohabitation, which
may result in a problematic, questionable, or preferential supervisor/subordinate relationship in
the judgment of the Police Chief, the City will make a reasonable effort to change days of work
or shifts of the individuals affected.
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However, the City reserves the exclusive right to terminate, transfer, or re -assign one of the
individuals involved, if necessary, to resolve operational or personnel problems in managing the
Police Department. Prior to terminating an employee because of this policy, the City shall make
reasonable effort to transfer the individual to another position. The Union reserves the right to
be consulted prior to any decision on this matter.
Section E - Work Stoppages, Strikes, or other Concerted Work Actions
The City and the Union agree that the public interest requires efficient and uninterrupted
municipal services, and to this end, pledge their support to avoid or eliminate any conduct
contrary to this objective. During the term of this agreement, the Union and the employees
covered by this agreement shall not engage in any work stoppage, strike, work slow -down, sick-
out, or any other concerted activity which may, in any manner, interfere with public safety,
municipal services, or be construed as contrary to the objective above.
It is further understood employees who engage in any actions as noted above shall be subject to
any disciplinary action as may be determined by the City. Employees shall be held responsible
for any financial losses suffered by the City as a result of work actions.
Section F - Drug Testing Policy
1. Policy:
Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or
possession by an employee of illegal drugs is strictly prohibited and may result in
disciplinary action, including immediate termination. For the purpose of this policy,
substances that require a prescription or other written approval from a licensed physician
or dentist for their use shall also be included when used other than as prescribed. Each
employee must advise the employer if they are using prescription or over the counter
drugs they know or reasonably should know may impair their ability to perform job
functions and/or operate machinery like automobiles. Under appropriate circumstances,
the employer may request the employee provide written medical authorization to perform
various job functions from a physician while using these drugs.
Any voluntary request by an employee for assistance with his/her own alcohol abuse
problem will remain confidential and shall not be used as the basis for any disciplinary
action provided that the request for assistance is initiated prior to being identified as
impaired through the procedures herein.
The parties recognize the essential purpose of any law enforcement agency is to enforce
the criminal laws. Moreover, the parties recognize the courts have held it would
substantially impair law enforcement agencies if they were required to employ
individuals within their ranks who have violated the very laws said agencies are charged
with enforcing. Therefore, the employer reserves the right to refuse to employ or
continue the employment of individuals who are or have been engaged in criminal
conduct, whether drug-related or not.
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When a supervisory employee has a reasonable suspicion to believe an employee is under
the influence of alcohol or illegal drugs, or is using illegal drugs, the employee in
question will be asked to submit to discovery testing including breath tests, urinalysis
and/or a blood screen for the presence of alcohol or illegal drugs.
An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs
shall be conclusively presumed to be under the influence of alcohol or an illegal drug for
the purpose of administering this Section.
If the results of the drug test are positive, and establish that the employee used an illegal
drug, or reported to work while under the influence of alcohol, the employee may be
subject to discipline including immediate discharge.
2. Definitions:
For the purpose of administering this Section, the following definition of terms is
provided:
Reasonable Suspicion - Reasonable suspicion is based on specific objective facts and
reasonable inferences from those facts in the light of experience, that discovery testing
will produce evidence of illegal drugs or improper alcohol use by that particular
employee.
Under the Influence - The following cut-off levels shall be used for the initial screening
of specimens to determine whether they are negative for these drugs or classes of drugs:
(ng/ml
Test Level
11Ln1/mIJ
Test Level
Marijuana metabolites
100 ng/ml
Cocaine Metabolites
300 ng/ml
Opiate metabolites
300 ng/ml
Phencyclidine
25 ng/ml
Amphetamines
1000 ng/ml
Barbiturates:
Secobarbital 300 ng/ml
Phenobarbital 1000 — 3000 ng/ml
Butalbital 1000 ng/ml
Benzodiazepines:
Oxazepam
300 ng/ml
Chlordiazepoxide
3000 ng/ml
Diazepam
2000 ng/ml
Methadone
300 ng/ml
Methaqualone
300 ng/ml
Propoxyphene
300 ng/ml
Ethanol
0.03 g/dl
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Level of the positive results for ethyl alcohol 0.05 gr/dl.
Illegal Drugs - are defined as all forms of narcotics, depressants, stimulants,
hallucinogens, and cannabis, which sale, purchase, transfer, or unauthorized use or
possession is prohibited by law.
Over -the -Counter Drugs - are those which are generally available without a prescription
and are limited to those drugs which are capable of impairing the judgment of an
employee to safely perform the employee's duties.
Prescription Drugs - are defined as those drugs which are used in the course of medical
treatment and have been prescribed and authorized for use by a licensed practitioner/
physician or dentist.
Legal Drugs - The appropriate use of legally prescribed drugs and non-prescription
medications is not prohibited by this policy. However, the use any substance which
carries a warning label that indicates mental functioning, motor skills, or judgment may
be adversely affected must be reported to the employee's supervisor immediately prior to
reporting to work. The employee will not be permitted to perforni safety -sensitive work,
operate equipment or vehicles or carry a firearm while on city business without a written
release from his/her doctor that the employee is deemed safe to perform duties.
Employees who violate this policy shall be disciplined up to and including termination.
Procedures:
• If an employee is required to submit to a drug test, the following procedure shall be followed:
• The employee shall be given an opportunity to confer with a union representative if one is
readily available and the employee has requested a representative.
• The employee shall be given an opportunity to explain to the Medical Review Officer (MRO)
the reasons for the employees conditions, reaction to a prescribed drug, fatigue, exposure to
toxic substances, or any other reasons known to the employee. The employee, employer, and
a union representative may be present during this discussion.
• The employer may request urine and/or blood samples.
• Urine and blood samples shall be collected at a local laboratory, hospital, or medical facility.
The employer shall transport the employee to the collection site. The employer and/or union
representative may be allowed to accompany the employee to the collection site and observe
the bottling and sealing of the specimen.
• All specimen containers and vials and bags used to transport the specimen shall be sealed to
safeguard their integrity, in the presence of the employer, employee, and the union
representative to the extent they have elected to be present, and proper chain -of -custody
procedures shall be followed.
14
• The collection and testing of the samples shall be performed only by a laboratory and by a
physician or health care professional qualified and authorized to administer and determine
the meaning of any test results. The laboratory performing the test shall be one that is
certified by the National Institute of Drug Abuse (NIDA).
• If a specimen tests positive in an immunoassay screen test, the results must be confirmed by
a gas chromatography/mass spectrometry test. The specimen must show positive results
at/within the following limits on the GUMS (gas chromatography/mass spectrometry)
confirmatory test to be considered positive:
If immunoassay is specific for free morphine, the initial test level is 25 ng/ml.
Confirmatory Test:
Barbiturates
200 ng/ml
Benzodiazepines
200 ng/ml
Methadone
100 ng/ml
Methaqualone
300 ng/ml
Ethanol
0.03 g/dl
At the employee's or the union's option, a sample of the specimen may be
requisitioned and sent to a laboratory chosen by the union for testing. The cost of
this test will be paid by the union or the employee. Failure to exercise this option
may not be considered as evidence in an arbitration or other proceeding
concerning the drug test or its consequences. The results of this second test shall
be provided to the City.
• The employee and the union shall be informed of the results of all tests and
provided with all documentation regarding the tests as soon as the test results are
available.
The parties agree to use the Medical Review Officer (MRO) in the Association of Washington
Cities (AWC) Drug Testing Consortium to review all confirmed positive test results and
communicate those results to the employer. The MRO shall have the responsibility to determine
when an individual has failed a drug test in accordance with the standard enumerated herein.
15
ARTICLE IV - COMPENSATION
Section A - Wages - Three -Year Agreement
Effective 1/1/2012 the wage table will be increased by 2% but no Retroactivity will be paid for
2012. Wages will be increased by 2% 1/1/2013 including the compounding of the 1/1/2012, and
by another 2% 1/1/2014. Retroactivity will only apply to those on the Payroll as of the date of
execution. See Appendix A for wage table.
Section B - Deferred Compensation
The City will make a 3.1 % biweekly contribution to the deferred compensation account of each
bargaining unit employee, based upon the employee's base wage.
Section C - Longevity Pay
The City agrees to pay longevity premiums as follows, computed upon the monthly base wages:
• Completion of five (5) years City service, 2%;
• Completion of ten (10) years City service, a total of 4%;
• Completion of fifteen (15) years City service, a total of 6%;
• Completion of twenty (20) years City service, a total of 8%.
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, City service shall be limited to time served in good standing as a regular
full-time employee of the Port Angeles Police Department covered by this Agreement.
Section D - Overtime Compensation (applies when NOT on 4XI I schedule)
Overtime hours are those compensable hours which the employee is assigned to work in
excess of forty (40) hours in the week or eight (8) hours in a day.
2. Overtime hours worked shall be paid at the rate of time and one-half the employee's
regular rate of pay, calculated to the nearest 15 minutes.
Overtime pay shall not be compounded with any other form of premium compensation,
excluding higher class pay, paid to the employee.
4. 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. Overtime shall be offered to regular, full-
time Police Officers in descending seniority and assigned by ascending seniority.
All regular overtime and paid detail police work shall be offered to Police Officers prior
to using Police Reserves.
If an employee is required to report to the employee's scheduled shift within twelve (12)
hours of working his or her previously scheduled shift, then the employee shall earn pay
at the overtime rate until a twelve (12) hour or more period of time falls between the
16
employee's scheduled shifts. An officer's starting time or end time may be changed to
allow for the required rest period so no overtime is incurred.
The intent of the twelve (12) hour rule is to economically support allowing officers at
least a twelve (12) hour period between working scheduled patrol or detective shifts. It
does not invoke paying overtime when personnel attend training or meetings between
shifts or under emergency circumstances like barricaded suspects, riots, major crimes,
and disasters.
This sub -section does not apply to necessary in-service training including but not limited
to the following: First Aid/CPR; BAC certification and refresher; firearms qualifications,
practice and training; defensive tactics; blood and airborne pathogens; supervision;
emergency vehicle operation; criminal law updates (arrests, search and seizure, vehicle
stops, etc); instructor certifications and re -certifications; and staff/department meetings.
The maximum number of hours an employee may work shall be 12 hours in a work day,
or 65 hours in a work week, except in emergency conditions as determined by the Police
Chief.
Section E - Stand-W/Call-Back
1. Stand-by hours are those hours in which the Police Department requires an employee to
remain "on-call" for possible work outside his/her normal work schedule, when assigned by a
supervisor. The employee on stand-by shall be required to carry a cell phone.
2. Stand-by Compensation: An employee on stand-by assignment shall receive $22/day_for. A
day is a 24-hour period and a week is a week of 168 consecutive hours.
3. Call Back Compensation: An employee called back to work on other than his/her normal
work schedule shall be compensated a minimum of three (3) hours at the overtime rate of pay.
Hours worked beyond the three (3) hour minimum shall continue to be paid at the overtime rate
until relieved of duty. Court time, on other than the employee's regular work schedule, shall be
compensated as call-back
Section - Compensatory Time
No employee will be allowed to accumulate more than 120 hours of comp time.
An employee on compensatory time off shall be deemed to be on official leave with pay
status.
Any compensatory time credits which have been actually taken by an employee shall be
included in computing the hours of his/her work week.
4. An employee who notifies the Police Chief or his designee promptly and substantiates to
the satisfaction of the Police Chief or his designee that he/she was sick on a scheduled
day of compensatory, vacation, or holiday -time off may request that a day of sick leave
be taken rather than previously scheduled compensatory time.
17
Use of compensatory time shall be by mutual agreement with the employee and his/her
supervisor or the Department Head.
The Department Head or employee's supervisor shall make all reasonable efforts to
accommodate a request for compensatory time off when made at least seven (7) days but
not more than thirty (30) days in advance. This section shall also apply to floating
holidays.
An employee may choose to add comp time to his bank as long as his bank does not
exceed the 120 hour maximum.
Section G - Educational Incentive Pay
The City, to encourage and improve the proficiency of its employees, offers employees covered
by this Agreement the following Educational Incentive Pay program.
Fifty-six dollars ($56 for Officers, $60 for Corporals, $65.00 for Sergeants) per pay
period for attainment of a two-year degree in a law enforcement related subject until the
time 2% shall be equal to or greater than the above dollar amount, at that time the
classification shall receive 2% in addition to the base rate of pay.
Eighty-five dollars ($85 for Officers, for Corporals $93.00, for Sergeants $100) per pay
period for attainment of a four-year with a BA degree in a law enforcement related
subject until the time 4% shall be equal to or greater than the above dollar amount, at that
time the classification shall receive 4% in addition to the base rate of pay, effective the
date of execution.
All law enforcement subjects shall be as approved by the Washington State Training
Commission and meet the necessary requirements of an accredited college or university.
All new employees having college credits in other than Peninsula College shall have
credits transferred to Peninsula College for qualification for the educational incentive
pay. This shall not apply to employees who have completed a two or four-year degree
program in law enforcement at another accredited college.
Probationary employees shall not be eligible for educational pay. This does not apply to
promotional probations.
Section H - Tuition Reimbursement
The City's tuition reimbursement program covers payment for college course work to encourage
employees to pursue job-related education/training. Under the tuition reimbursement program,
the City pays for 75% of tuition and required books, not to exceed $750 annually, subject to
budgetary restrictions and in accordance with the following requirements:
a) Requests for tuition reimbursement must be made in writing, in advance, on the form
provided by the Human Resources Office.
18
b) All course work must be job-related and requires advance approval by the Department
Head and City Manager, processed through the Human Resources Office.
C) Prior to payment of approved tuition reimbursement, the employee must provide proof of
a grade C or better, together with a copy of receipts for the course and required books.
d) The City may retain certain course materials (i.e., books, reference materials) if the
Department Head determines materials are of value to the City.
Courses offered during regular work hours may be approved, per the above policy, if time off
can be arranged without affecting the public services or disrupting departmental operations.
Time off should be charged to accrued vacation, comp time, or leave without pay.
The following are examples of courses that may be approved as job-related. Final determination
for acceptability of tuition reimbursement is the decision of the Police Chief and City Manager.
• Law enforcement courses (e.g., Introduction to Criminal Justice, Criminal Justice
Administration, Crime Scene Investigation, Criminal Law)
• Psychology
• Speech
• Computer courses related to specific software/hardware used by the department
• Typing, English
• Report writing and written communications courses
• Supervision/management courses
• Public Administration or related professional degree
Section I - Hi2her Class Pay
When an employee is assigned to work in a higher classification for two (2) or more consecutive
hours, the employee shall be paid higher class pay at the beginning salary for the higher class for
the duration of the assignment, calculated to the nearest 15 minutes.
Section J - Uniform Maintenance Allowance
Uniforms will be purchased and provided to offers through the Department's
quartermaster system. Officers requiring uniforms or equipment shall make a written
request to the Department administration for uniforms or equipment.
Purchases made under the quartermaster system require the approval of the Chief of
Police or his designee.
Police Officers, Corporals and Sergeants assigned to the Detective Division shall receive
$750 annually. Officers assigned to the Detective Division on or after January 31" shall
be paid a pro -rated uniform allowance based on the remaining weeks of the year.
2. The required uniform is described in the Department Policy/Procedures Manual.
19
Only those items listed in the Police Department Policy and Procedures Manual may be
purchased with uniform maintenance allowance funds. The Department retains the right
to determine if the article purchased is an approved part of the uniform, is of acceptable
quality, and is in conformance with Department standards.
4. The Police Chief retains the right to supply uniform or equipment articles from supplies
on hand rather than authorizing the employee to purchase new uniform articles.
The employee agrees to maintain and repair his/her uniform and have all items available
for inspection upon reasonable notice.
All articles purchased by the City will be the property of the City and will be returned
prior to leaving City service (i.e., retirement, termination, etc.)
The City agrees to provide each officer with a bullet-proof vest, approved by the Police
Department. Replacement of the vests and selection of the vests shall be determined by
the Police Department.
Section K - Field Training Officer Pay
The City agrees to pay a Police Officer assigned and functioning as a Field Training Officer an
additional $1.50 per hour.
20
ARTICLE V - PAID LEAVE TIME
Section A - Vacation
Vacation leave shall accrue to each employee covered by this Agreement, as follows:
21 & over continuous years
of City service 240
30
•1:
Vacation may be taken only upon completion of one full year's service. Thereafter,
vacation credit earned may be taken upon proper authorization, per Department
procedures. Application for leave shall be made in advance and is subject to
Departmental approval. The maximum accrual of vacation leave is noted in the
preceding chart. Employees shall be paid for unused vacation leave at their final base
hourly rate (i.e., straight time) upon leaving City service, except for terminations during
the employee's new hired probationary period.
If an employee has prior approval for vacation and is called back to work once his/her
vacation has started, the employee will be compensated at the overtime rate of pay for the
time which interfered with scheduled vacation.
Section B - Sick Leave
1. The use of sick leave benefits is considered a privilege and not a right, and may only be
used in the event of actual illness or disability to the employee or family members as
provided for in this Contract.
In the event of a serious illness to an employee who has exhausted his/her sick leave
accrual, the City Manager, at his/her discretion, may advance sick leave credits upon
expiration of accrued sick leave credits.
21
Annual His.
Days Per
Max.Accrual
Accrual
Year
Hours
1 - 5 continuous years
of City service
80
10
288
6 - 10 continuous years
of City service
120
15
368
11 - 15 continuous years
of City service
160
20
448
16 - 20 continuous years
of City service
200
25
528
21 & over continuous years
of City service 240
30
•1:
Vacation may be taken only upon completion of one full year's service. Thereafter,
vacation credit earned may be taken upon proper authorization, per Department
procedures. Application for leave shall be made in advance and is subject to
Departmental approval. The maximum accrual of vacation leave is noted in the
preceding chart. Employees shall be paid for unused vacation leave at their final base
hourly rate (i.e., straight time) upon leaving City service, except for terminations during
the employee's new hired probationary period.
If an employee has prior approval for vacation and is called back to work once his/her
vacation has started, the employee will be compensated at the overtime rate of pay for the
time which interfered with scheduled vacation.
Section B - Sick Leave
1. The use of sick leave benefits is considered a privilege and not a right, and may only be
used in the event of actual illness or disability to the employee or family members as
provided for in this Contract.
In the event of a serious illness to an employee who has exhausted his/her sick leave
accrual, the City Manager, at his/her discretion, may advance sick leave credits upon
expiration of accrued sick leave credits.
21
2. Sick Leave Accrual. Sick leave shall accrue at the rate of 3.69 hours per pay period for
all employees covered by this Agreement, not to exceed a maximum of 96 hours per year.
The maximum accrual of sick leave is unlimited, but sick leave payoff shall have a
maximum of 1,200 hours.
Notification Requirements. An employee requesting sick leave usage must provide the
proper notice as established in the Police Department Policy and Procedures Manual.
When sick leave extends to three or more consecutive days, the employee may be
required to provide proof of illness from a medical doctor if the request is made before
the employee returns to work. Misuse of sick leave shall be considered cause for
disciplinary action.
4. 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. Sick leave is
limited to three days per incident, unless specifically approved by the Police
Chief.
"Immediate Family" for sick leave and bereavement leave benefits shall include
only persons related by blood or marriage or legal adoption, which includes
parent, wife, husband, brother, sister, child, grandparents or grandchild, and any
relative living in the employee's household.
Employees on approved sick leave will continue to accrue sick leave.
Bereavement Leave: Sick leave may be used for purposes of attending a funeral
of a family member. Funeral leave shall be limited to not more than three
consecutive days per instance, unless specifically approved by the Police Chief.
d. Payment of Unused Sick Leave: The City shall pay 25% of accumulated sick
leave upon retirement (normal or disability) or death of the employee after
completion of ten (10) or more consecutive years of service. The maximum
accrual for purposes of sick leave payoff is 1,200 hours. Payment of sick leave
shall be calculated at the employee's base rate of pay.
Family Leave: Leave as defined by the City's Personnel Policy and Procedures Manual, Chapter
7.05, Family Leave.
22
Section C - Holidays
The following are the holidays provided for under this Agreement:
All holidays listed are the day they appear in that year's calendar
New Year's Day
Martin Luther King Day
Lincoln's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas
One Floating Holiday
Employees covered by this Agreement shall in January of each calendar year, receive 96
hours of holiday time ( I I named holidays plus one floating holiday = 96 hours) The
City will establish a separate holiday bank for these hours.
2. If an employee is scheduled to work on a holiday, the employee shall receive pay at the
rate of time and one-half for all hours worked on the holiday.
All hours worked on a holiday in excess of eight (8) hours shall be paid at the double
time rate.
4. When an employee is called back to work on a holiday for which he was not previously
scheduled to work, all hours worked shall be paid at the double time rate.
When the major portion of any shift is on a contractual holiday, the entire shift shall be
paid according to this section.
If an employee leaves City service, his/her vacation bank will be reconciled based upon
the number of holidays which have occurred during that calendar year, prior to leaving
City service, excluding the floating holiday. Employees hired during the calendar year
shall have the holiday hours credited based upon the number of designated holidays
(including the floater) remaining in the calendar year and shall be allowed to use this
holiday/vacation time prior to the completion of one year.
7. For those employees working Monday through Friday, when one of the above holidays
falls on Saturday, the preceding Friday shall be observed. When a holiday falls on a
Sunday, the following Monday shall be observed.
23
ARTICLE VI - HEALTH BENEFITS
1. Medical Benefits:
Effective January 1, 2013, based on December 2012 hours and February coverage, and
for the life of the agreement, the City shall pay the monthly premium payment into the
Washington Teamsters Welfare Trust for Medical Plan A on behalf of each employee
who is compensated for eighty (80) hours or more in the preceding month. This Plan A
premium shall include the additional monthly premium to maintain the 12 month
Premium Waiver Period.
Effective January 2013, employee will contribute 11.5% of the premiums necessary to
provide the benefits noted in paragraph one of Article VI, 1, Medical Benefits and for the
life of the agreement.
Effective January 2013, the employer will contribute 88.5% of the premiums necessary to
provide the benefits noted in paragraph one of Article VI, 1, Medical Benefits, and for the
life of the agreement.
2. Dental Coverage
Effective January 1, 2013, based on December 2012 hours and February 2013 coverage,
and for the life of the agreement, the City shall pay the monthly premium payment into
the Washington Teamsters Dental Trust for Dental Plan A, on behalf of each employee
who is compensated for eighty (80) hours or more in the preceding month.
The employer will, for the life of the agreement, contribute 100% of the premiums
necessary to provide the benefits noted in the foregoing paragraph, Dental Coverage.
Vision Coverage
Effective January 1, 2013, based on December 2012 hours and for the life of the
agreement, the City shall pay the monthly premium payment into the Washington
Teamsters Vision Care Trust for Vision Plan EXT, on behalf of each employee who is
compensated for eighty (80) hours or more in the preceding month.
The employer will, for the life of the agreement, contribute 100% of the premiums
necessary to provide the benefits noted in the foregoing paragraph, Vision Coverage.
4. Long Term Disability coverage is provided for and paid by the City for LEOFF II Police
Officers. The LTD benefits provide for a 90 -day waiting period, with benefits equal to
approximately 60% of salary, subject to the specific terms and limitations of the policy.
Provided by the City through the AWC.
Life Insurance: The City will provide term life insurance equal to one times the
employee's annual salary, rounded to the nearest thousand, with a maximum of $50,000.
The City will also provide AD&D coverage. The life insurance and accidental death and
dismemberment coverage are subject to the terms of the policy purchased from the
Association of Washington Cities.
24
6. RWT-Plus: Teamsters Retiree Medical
Effective January 1, 2008, based on December 2007 hours, the employer shall pay into
the Retiree's Welfare Trust the amount of $94.85 per month on behalf of each employee
performing work of the bargaining unit, in a represented classification, who is
compensated for eighty (80) hours or more in the preceding month, to provide the RWT-
Plus Retiree Medical Plan.
In the application of the terms of this article of the labor agreement by and between
Teamsters Local Union NO. 589 and the City, it is understood that the contributions to
the Retirees Welfare Trust, (RWT-Plus) Plan, shall be as follows:
Effective Date (based on preceding month) Contribution Rate (monthly):
1/1/12 $94.85
The RWT-Plus Retiree Medical Plan, shall, for the life of the agreement, be funded solely
through authorized payroll diversion. In like manner, it shall remain the responsibility of
the participating employees to fund thru payroll diversion any premium increases
necessary to maintain this Retiree's Welfare Trust RWT-Plus Retiree medical plan.
In the event that employees elect not to have the wages withheld thru a payroll diversion
necessary to cover participation in the RWT Plus Retiree Medical Plan, the employee
must notify the employer in writing of that decision.
25
ARTICLE VII - GRIEVANCE PROCEDURE
Section A - Obiectives
To informally settle disagreements at the employee/supervisor level; to provide an orderly
procedure to handle the grievance through each level of supervision; to correct, if possible, the
cause of the grievance to prevent future complaints; to promote harmonious relations among
employees, their supervisors, and Departmental administrators; to assure fair and equitable
treatment of employees; 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 or a Union representative 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 policy or an alleged violation of any
term or condition of this Agreement.
Working Day: Exclusive of Saturday, Sunday, and legal holidays.
Employee: Any employee of the classified service of the City of Port Angeles Police
Department covered by this Agreement.
Immediate Supervisor: The person who assigns, reviews, or directs the work of an employee.
Division Manager: The person to whom an immediate supervisor reports.
Representotive: A person who appears on behalf of the employee.
Department Head: The Police Chief of the City of Port Angeles.
Section C - Exclusions
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.
2. Appeals involving examination procedures. (These matters are within the Civil Service
Commission's authority.)
Work performance evaluations.
4. Impasse in collective bargaining.
5. Grievances filed after ten (10) working days from date of occurrence, or after ten (10)
working days from the date the employee had knowledge of an occurrence.
26
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
grievants responsibility to initiate the action which submits the grievance to the next level of
review within the time limits specified. Failure of the employee to submit the grievance within
the time limits imposed shall terminate the grievance process, and the matter shall be considered
resolved. Failure of the City to respond within the time limits specified will allow the grievant to
submit the grievance to the next higher step of the grievance procedure.
Section E - The Parties' Rights and Restrictions
1. A party to the grievance shall have the right to record a formal grievance meeting at the
expense of the requesting party.
2. An employee may have a representative present at all steps of the grievance procedure.
Reasonable time in processing a grievance will be allowed during regular working hours
for the shop steward, with advanced supervisory approval.
4. Nothing within this grievance procedure shall be construed as limiting the right of
management to manage the affairs of the City.
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 communication 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 a representative, may file a grievance alleging that the City has violated
specific rights afforded the employees covered by the Agreement. The grievance shall be
filed directly at Step 2 (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 ten (10) working days from the occurrence of the incident on which a complaint is based,
or within ten (10) working days from the employee's knowledge of the occurrence, the employee
will promptly meet to verbally discuss the complaint with his immediate supervisor. In those
circumstances where the nature of the complaint involves the immediate supervisor, the
employee may verbally discuss the complaint with the next higher level of supervision, provided
notification is given the immediate supervisor by the employee. The initial discussion shall
precede the use of the formal grievance procedure. If the supervisor fails to reply to the
employee within ten (10) working days of the meeting, or if the employee is not satisfied with
the decision, the employee may utilize the formal grievance procedure.
Section G - Formal Grievance Procedure
Step 1: Supervisor
The formal grievance procedure shall be initiated by the employee, stating the nature of the
27
grievance, the alleged violation by section or number, and the desired solution, in writing on the
City grievance form, together with any supporting documents attached to the grievance form.
The grievance form and any supporting documents shall be delivered to the supervisors with
whom the informal meeting was held, no later than ten (10) working days from the date of the
close of the infonnal meeting. The supervisor shall hold a formal meeting with the employee to
review the facts, gather all supporting documents, discuss the complaint and desired solution,
and discuss the proper appeal procedure. The supervisor will issue a written decision on the
original grievance form within ten (10) working days of the close of the formal meeting.
Step 2: Department Head
If the employee feels the immediate supervisor has not resolved the grievance, the employee may
appeal to the Department Head. At this time, all supporting documents and evidence relative to
the grievance shall be included with the appeal. The Department Head shall hold a formal
meeting with the employee and his representative, if requested; within ten (10) working days
from the date of the appeal receipt; 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) working days from the close of the formal meeting.
Step 3: City Manager
If the employee is not satisfied with the decision of the Department Head, he/she may appeal the
decision to the City Manager within ten (10) working days from receipt of the Department
Head's decision. In his appeal to the City Manager, all supporting documents must be attached
to the grievance form, together with the grievants reason for appeal and stated remedy requested.
The City Manager- or his designee will review the original grievance, all supporting documents,
the Department Head's response, and the remedy requested, and issue a written decision within
ten (10) working days of receipt of the grievance.
Step 4 - Binding Arbitration
If the grievant is not satisfied with the decision of the City Manager, within ten (10) working
days after receipt of the decision, the Union may submit the grievance to binding arbitration. For
purposes of arbitration, the parties agree to use the Federal Mediation & Conciliation Service and
request a list of seven names. The selection of the arbitrator shall be by each side striking a
name from the list, with the first party to strike a name determined by a coin toss, until only one
name remains. In the event the initial list is not satisfactory to either party, a second list of
names may be requested
The cost of the arbitrator shall be divided equally between the City and the Union. Cost for
witnesses, court reporter, or other individual expenses shall be borne by the requesting party.
The Arbitrator shall not have the power to alter, amend, or change any contractual language of
the Labor Agreement.
28
ARTICLE VIII - DURATION OF AGREEMENT
This Agreement shall be effective January 1, 2012, and shall remain in force through December
31, 2014, and shall remain in effect during the course of negotiations of a new Contract.
IN WITNESS WHEREOF, we hereunto attach our signatures this day of June, 2014.
tc
OF 7/ZZ4
Dan DiGuilio, Mayor
cl_�-
Dan McKeen, City Manager
9-, z
Bob Coons, Human Resource Manager
29
TEAMSTERS LOC #589
Mark Fuller, Secretary/Treasurer
APPENDIX "A" Wale Table
1.00% effective 07-01-10
2010 Teamsters Sworn Grade/Step Table
same wage table for 2010 and 2011
Class
Position
Grade
Step
Hourly
Bi -Weekly
Monthly
Annual
#
Title
TS1
1
Rate
Amount
Amount
Salary
6000
POLICE OFFICER
TS1
1
27.265
2181.20
4726
56711
POLICE OFFICER
TS1
2
28.491
2279.28
4938
59261
POLICE OFFICER
TS1
3
29.784
2382.72
5163
61951
POLICE OFFICER
TS1
4
31.126
2490.08
5395
64742
6001
POLICE OFFICER
TS1
5
32.468
2597.44
5628
67533
6001
POLICE SERGEANT
TS2
1
36.202
2896.16
6275
75300
POLICE SERGEANT
TS2
2
37.429
2994.32
6488
77852
6002
POLICE CORPORAL
TS3
4
33.423
2673.84
5793
69520
POLICE CORPORAL
TS3
5
34.765
2781.20
6026
72311
2012 Teamsters Sworn Grade/Step Table
2.0% increase per Arbitration Award,
not retroactive.
Class
Position
Grade
Step
Hourly
Bi -Weekly
Monthly
Annual
#
Title
TS1
1
Rate
Amount
Amount
Salary
6000
POLICE OFFICER
TS1
1
27.810
2224.82
4820
57845
POLICE OFFICER
TS1
2
29.060
2324.87
5037
60447
POLICE OFFICER
TS1
3
30.379
2430.37
5266
63190
POLICE OFFICER
TS1
4
31.748
2539.88
5503
66037
6001
POLICE OFFICER
TS1
5
33.117
2649.39
5740
68884
6001
POLICE SERGEANT
TS2
1
36.926
2954.08
6401
76806
POLICE SERGEANT
TS2
2
38.177
3054.21
6617
79409
6002
POLICE CORPORAL
TS3
4
34.091
2727.32
5909
70910
POLICE CORPORAL
TS3
5
35.460
2836.82
6146
73757
2013 Teamsters Sworn Grade/Step Table
2.0% increase per Arbitration Award.
Class
#
Position
Title
Grade
Step
Hourly
Rate
Bi -Weekly
Amount
Monthly
Amount
Annual
Salary
6000
POLICE OFFICER
TS1
1
28.366
2269.32
4917
59002
POLICE OFFICER
TS1
2
29.642
2371.36
5138
61655
POLICE OFFICER
TS1
3
30.987
2478.98
5371
64454
POLICE OFFICER
TS1
4
32.383
2590.68
5613
67358
POLICE OFFICER
TS1
5
33.779
2702.38
5855
70262
6001
POLICE SERGEANT
TS2
1
37.664
3013.16
6529
78342
30
2014 Teamsters Sworn Grade/Step Table
2.0% increase per Arbitration Award.
Class
POLICE SERGEANT
TS2
2
38.941
3115.29
6750
80998
6002
POLICE CORPORAL
POLICE CORPORAL
TS3
TS3
4
5
34.773
36.169
2781.86
2893.56
6027
6269
72328
75233
2014 Teamsters Sworn Grade/Step Table
2.0% increase per Arbitration Award.
Class
Position
Grade
Step
Hourly
Bi -Weekly
Monthly
Annual
#
Title
Rate
Amount
Amount
Salary
6000
POLICE OFFICER
TS1
1
28.933
2314.71
5015
60182
POLICE OFFICER
TS1
2
30.234
2418.79
5241
62889
POLICE OFFICER
TS1
3
31.607
2528.56
5479
65743
POLICE OFFICER
TS1
4
33.031
2642.49
5725
68705
POLICE OFFICER
TS1
5
34.455
2756.42
5972
71667
6001
POLICE SERGEANT
TS2
1
38.417
3073.43
6659
79909
POLICE SERGEANT
TS2
2
39.720
3177.60
6885
82618
6002
POLICE CORPORAL
TS3
4
35.468
2837.50
6148
73775
POLICE CORPORAL
TS3
5
36.892
2951.43
6395
76737
31