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HomeMy WebLinkAbout000894 Original Contract City of Port Angeles Record #000894 • ORT NGELES ;-� WASH I N G T O N, U. S. A. __LLB CITY COUNCIL MEMO DATE: MARCH 17,2015 TO: CITY COUNCIL FROM: HEIDI GREENWOOD,SENIOR ASSISTANT CITY ATTORNEY ABBI FOUNTAIN,HUMAN RESOURCES MANAGER SUBJECT: APPROVE COLLECTIVE BARGAINING AGREEMENT WITH IUOE LOCAL#302 Summary: In April 2014, the Public Works & Utilities Manager's voted to establish a new union; the International Union of Operating Engineers (IUOE) Local #302. City staff and IUOE representatives settled on a contract with the following terms: 1) A one year contract: January 1, 2015 –December 31, 2015; 2) A 2 % cost of living adjustment to be effective January 1, 2015; 3) All current benefits the managers are currently receiving will remain the same for calendar year 2015; including the $50 health care offset, for 2015 only, which is explicitly for the management/non-represented group; and 4)Approve increasing Street/Stormwater Superintendent salary due to increased responsibility and parity with other Public Works &Utilities Managers.. Recommendation: Staff recommends the City Council approve the terms of the IUOE Collective Bargaining Agreement, the cost of living adjustment, and salary increase for the Street/Stormwater Superintendent as stated in the summary above. Background /Analysis: In April 2014, the Public Works &Utilities Manager's voted on and approved establishing a Collective Bargaining Unit with the IUOE Local #302. City staff has been negotiating with the IUOE union since October 2014. Through several negotiating sessions the union leadership accepted the following as proposed by the City: • A one year contract: January 1, 2015 –December 31, 2015, • A 2 % cost of living adjustment to be effective January 1, 2015, and • All current benefits the managers are currently receiving will remain the same including the $50 health care offset, for 2015 only, that is explicitly for the management/non- represented group. • The City agrees to conduct a salary survey for the IUOE during the 2015 calendar year, with any potential impacts subject to negotiations. In addition to agreeing to a new Collective Bargaining Agreement with the City, in 2014, the Public Works & Utilities Operations went through a re-organization. The City eliminated the Public Works & Utilities Deputy Director of Operations position and created just one Deputy Director of Public Works & Utilities position. This reorganization resulted in a savings of approximately $150,000. During this same re-organization, the current Street/Stormwater Superintendent position acquired new job duties and a significant amount of responsibilities regarding the evolving certification and requirements of the Stormwater program. Therefore, the Human Resources Office also conducted a salary comparison (between internal managers and other city's with similar positions) and recommended to the Public Works &Utilities Director and the City Manager that the Street/Stormwater Superintendent's salary be increased from the current Management Range of 32 to Management Range 33 (or IUOE RO1 to IUOE Range 02)which represented a 6% increase in salary to be effective when the IUOE Collective Bargaining Agreement is approved by union and City Council. In closing, the proposal is consistent with the City Council's recommendation and is the same financial proposal settled on between the City, IAFF, and the IBEW. The City is still in negotiations with the remaining three contracts that expired December 31, 2014. City staff appreciates the IUOE working with the negotiating team and accepting the City's proposal. Attachment: 2015 IUOE Collective Bargaining Agreement Collective Bargaining Agreement between THE CITY OF PORT ANGELES,WASHINGTON AND INTERNATIONAL UNION OF OPERATING ENGINEERS Local#302 PUBLIC WORKS OPERATIONS SUPERVISORS & MANAGERS UNIT January 1, 2015 through December 31, 2015 PAGE NO. Preamble 2 ARTICLE 1 Recognition 2 ARTICLE 2 Union Security 2-3 ARTICLE 3 Union-Management Relations 3 ARTICLE 4 Nondiscrimination 3-4 ARTICLE 5 Management Rights 4-5 ARTICLE 6 Grievance Procedure 5-6 ARTICLE 7 Hours of Work and Overtime Exemption 7 ARTICLE 8 Paid Holidays 7 ARTICLE 9 Vacation Leave 7-8 ARTICLE 10 Sick Leave 8-9 ARTICLE 11 Education and Certifications 9 ARTICLE 12 Health and Welfare 9-10 ARTICLE 13 Retirement 10 ARTICLE 14 Employee Rights 10-11 ARTICLE 15 Probation 11 ARTICLE 16 Layoff, Recall, & Promotion 11 ARTICLE 17 Seniority 11 ARTICLE 18 Wages 11-12 ARTICLE 19 Equipment, Uniforms, & CDL'S 12 ARTICLE 20 Safety 13 ARTICLE 21 Civil Liability 13 ARTICLE 22 Savings Clause 13 ARTICLE 23 No Strike, No Lockout 13 ARTICLE 24 Entire Agreement 14 ARTICLE 25 Term of Agreement 14 Appendix"A" 2015 Salary Schedule 1 Preamble This Agreement is entered into by the City of Port Angeles, Washington, hereinafter referred to as the "Employer" or"City", and International Union of Operating Engineers, Local 302, hereinafter referred to as "Union" ,representing Public Works & Utilities Department Supervisors & Managers working for the City in the Fleet Services, Water Resources, Solid Waste,Waste Water, Streets/Storm Water, Light Operations Divisions, Engineering, Electrical Engineering and Power Resources . This agreement governs all terms lawful for negotiations between the parties including, but not limited to wages, benefits and working conditions. ARTICLE 1 RECOGNITION 1.1 The City recognizes the Union as the exclusive bargaining representative for the purposes of establishing wages, hours and other conditions of employment for all full-time and regular part-time operations supervisors of the City of Port Angeles, Public Works Department in Fleet Services, Water Resources, Solid Waste,Waste Water, Streets/Storm Water, Light Operations Divisions, Engineering, Electrical Engineering, and Power Resources, excluding confidential employees and all other employees. This is in accordance with the decision issued by PERC April 14th 2014. PERC Case 26238-E-14-3847 1.2 When any new supervisor or manager position is created in the Public Works, Utilities Department, and Engineering the parties will meet to determine if that position will be included in the bargaining unit consistent with the position's duties, responsibilities, confidentiality, and general organizational structure of the Department. In the event agreement cannot be reached, either party may petition the PERC for unit clarification pursuant to WAC Title 391-35n. ARTICLE 2 UNION SECURITY 2.1 All employees in the bargaining unit shall, as a condition of employment, within thirty(30) days of employment or the effective date of this agreement become members of the Union and thereafter shall maintain their membership in good standing for the duration of this Agreement. All employees of the employer covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing. 2.2 Upon the written authorization of any employee within the bargaining unit, the Employer shall deduct and remit from the pay of said employee the monthly amount of dues as certified by the Union. 2 2.3 The Union agrees to defend, indemnify and hold the City harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken by the City to comply with the provisions of this Article. ARTICLE 3 UNION-MANAGEMENT RELATIONS 3.1 All collective bargaining with respect to wages, benefits, hours, and working conditions of employment shall be conducted by authorized representatives of the Union and authorized representatives of the Employer. Agreement reached between the parties to this contract shall become effective when signed by authorized representatives of the Employer and of the Union. The City of Port Angeles Personnel Policy& Procedures Manual shall apply to members of this bargaining unit. The parties agree that should the City amend, modify, adopt or change any such policies that it is understood that the Union will be notified in writing of the effective date of the change and given the opportunity to propose that these changes be negotiated as they pertain to bargaining unit members. Should there be any conflict between City rules, regulations or policy and this Agreement, the Agreement shall prevail. 3.2 City Personnel Policy& Procedures Manual for Personnel Administration will be available for review, either electronically or at a central location accessible to all members of the bargaining unit. 3.3 The Employer agrees to furnish suitable bulletin boards in convenient places in each work area to be used by the Union. The Union shall limit its posting of notices and bulletins to such bulletin boards. Such posting shall not include derogatory or inflammatory or defamatory information. 3.4 Union activities will not interfere with the work of employees and shall be performed only with permission of the Deputy Director, usually 24 hours in advance or by mutual agreement, to minimize any impacts on Employer operations. 3.5 Authorized representatives of the Union shall have full and free access to the public premises of the Employer at any time during working hours to conduct Union business; provided, however, that such conduct of Union business shall cause no disruption of the work required to be performed by employees. The Union shall give reasonable advance notice to the Employer of any such Union activity. 3.6 The Union shall provide the Department Director with a current list of all stewards. ARTICLE 4 NON-DISCRIMINATION 4.1 Neither the Employer, Union nor any employee shall in any manner unlawfully discriminate against any employee on the basis of race; color; religion; creed; sex; marital status; national origin; age; or sensory, mental or physical handicaps or disabilities. 3 4.2 No employee shall be discriminated against because of membership or lack thereof or lawful activity in the Union, provided such activities are not carried on so as to interfere with the normal work process. 4.3 City Personnel Policy& Procedures Manual prohibiting discrimination and harassment shall be adhered to by members of the bargaining unit. ARTICLE 5 MANAGEMENT RIGHTS The Employer retains the exclusive right to reserve all powers and authority to manage its operations in an effective manner, subject only to the limitations expressly stated in this Agreement. The following management rights and responsibilities are examples, not intended as all-inclusive: • Establish, enforce and modify reasonable rules and regulations for the operation of the Department and the conduct of its employees. • Determine and change Department budget, methods of operation, procedures, location, facilities, materials and equipment. • Recruit, hire, layoff, promote, assign, classify, evaluate, appoint, transfer, discipline, discharge, or suspend employees in accordance with City of Port Angeles Personnel Policy& Procedures Manual. All discipline for employees covered under this Agreement shall be for just cause. • Determine the number of personnel, the allocation of work assignments, including the number to be assigned any particular work, work schedules and the personnel, methods and processes by which work is to be performed • Determine mental, physical and performance standards. • To schedule and assign work and determine the duties to be performed by employees. The employer will notify the Union of any and all job description changes and arrange for effects bargaining. • Determine the need for additional education courses, training programs, and on-the-job training, or class training, assign employees to such duties for periods to be determined by the Employer. • Take any action as may be necessary to carry out the mission of the City and to deal with emergencies as declared by the Emergency Management Director, Mayor, County, Governor, or President. The Employer agrees those Employer rules, regulations, policies and procedures adopted which affect working conditions and performance may be subject to the grievance procedure as to whether or not there has been a violation of such rule, regulation, policy or procedure. In the event there is a conflict 4 between the terms of this Agreement and any Department rule, regulation or policy. The Employer agrees that for the life of this Agreement, it will not subcontract or outsource bargaining unit work,(exceptions include Engineering contracts)without first notifying the Union of its plans, meet with the Union representatives and explore alternatives with the Union that would meet the City's interests. The Employer and the Union will discuss the effects of any such decision upon employees covered by this Agreement. ARTICLE 6 GRIEVANCE PROCEDURE 6.1 A grievance is defined as a dispute arising during the term of this Agreement involving the interpretation, application, or alleged violation of an employee's rights and privileges as set forth herein. 6.2 A determined effort shall be made by all parties to resolve the dispute at the lowest possible level. The Employer agrees to allow reasonable time during working hours for employees and a steward to investigate and process a grievance. Step One: An employee or group of employees who thinks he/she is aggrieved shall consult with a Union Representative and they shall, within ten (10)working days of the occurrence discuss the facts with the employee's Deputy Director. The Deputy Director shall provide a proposed solution, which may be in writing, to the grievance within ten (10) working days of the discussion. Step Two: If the aggrieved employee(s) is not satisfied with the Deputy Directors proposed solution, the employee and the Union may put the facts of the grievance in writing and submit the grievance to the Public Works Director within ten (10)working days of the Deputy Director's response or failure to respond. The grievance shall contain the factual allegations surrounding the occurrence, the specific articles of the contract alleged to be violated, and the proposed remedy sought by the grievant. The Public Works Director shall reply to the employee and the Union in writing within ten (10) working days after receipt of the written grievance. Step Three: If the aggrieved employee and the Union are not satisfied with the Public Works Director's response, the grievance and all supporting documentation and information shall be submitted to the City Manager within ten (10)working days of the receipt of the Director's response or the Director's failure to respond. The City Manager shall meet with the grievant, the Union and other concerned parties, and shall respond in writing with a decision within ten (10)working days of receipt of the grievance. 5 Step Four: If the Union is not satisfied with the response at Step 3, it may, by written notification to the City Manager within ten (10)working days of receipt of the answer at Step 3, request arbitration. The Employer and the Union will attempt to agree on a neutral arbitrator to hear the grievance, and with mutual agreement may submit multiple grievances to the same arbitrator. If the parties are unable to reach agreement on an arbitrator the parties shall request the Public Employment Relations Commission, Federal Mediation and Conciliation Service or the American Arbitration Association to provide a list of nine (9) arbitrators. The arbitration shall be conducted under PERC rules. The parties shall alternately strike names from the list, a coin flip determining which party strikes the first name. The last remaining name shall be requested to hear the grievance. 6.3 Each party shall be responsible for compensating its own representation (e.g. legal representation and witnesses). The arbitrator's findings shall be final and binding on the parties. Cost of the arbitrator shall be shared equally by the parties. 6.4 The time limit expressed throughout this procedure may be waived or extended by mutual agreement of the parties in writing. The steps in the grievance procedure may be eliminated by mutual consent.. 6.5 Should the employee or the Union fail to take a grievance to the next step within the prescribed time limits, the grievance shall be deemed abandoned. 6.6 There shall be no unlawful discrimination or disciplinary action against an employee or witness for an employee because of his or her use of the grievance procedure. 6.7 All discipline or corrective action for managers and superintendents covered under this Agreement shall be for just cause. In the event of written reprimand or disciplinary action, the employee's Deputy Director will provide the Union with written notice of such action, including specific violations.. An employee has the right to meet with his Deputy Director to address the facts of the incident. Such a meeting must be requested by the employee within ten (10)working days of the discipline imposed by the Deputy Director. The meeting is to provide the employee with the opportunity to present his/her side of the matter. The Deputy Director, after the meeting, shall affirm, modify, or cancel the action. The employee is entitled to representation at all stages of the process. Verbal or written reprimands are not appealable through the grievance procedure, unless there is a loss of pay, property or benefits. However, if a written reprimand is placed in the employee's personnel file, the employee may submit a written reply for placement in the personnel file. The reprimand shall be removed at the end of twelve months provided no related discipline occurs during this time. 6 ARTICLE 7 HOURS OF WORK AND OVERTIME EXEMPTION 7.1 Managers and Superintendents in the bargaining unit shall generally work a four or five day, forty (40) hour per week schedule. Furthermore, the supervisory nature of their position qualifies as an exemption under the Fair Labor Standards Act, and thus are salaried employees who are not paid overtime. The City recognizes managers often work in excess of 40 hours per week in response to demands of the job. Managers are allowed to work with their Deputy Director and use flex time in, lieu of accrued leave, when it is appropriate and mutually agreed upon. ARTICLE 8 PAID HOLIDAYS 8.1 The following holidays are recognized and observed by the City as paid holidays for regular full-time employees in the bargaining unit: New Year's Day Labor Day Martin Luther King's Birthday Veterans Day President's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day 8.2 In addition to the above specified holidays, a member may designate two non-cumulative personal (floating) holidays in each calendar year. 8.3 Bargaining unit members shall have the holiday off and receive their regular compensation for each holiday. In the event that any listed holiday falls on a scheduled day off, the closest regularly scheduled workday shall be given as a holiday in lieu of the normal holiday. ARTICLE 9 VACATION LEAVE 9.1 Vacation shall be accrued at the following rates: Less than 2 years service 11 days 2-5 years service 14 days 6-10 years service 17 days 11-15 years service 21 days 16-20 years service 26 days 21 years + 31 days 7 9.2 Leave accredited for any pay period of service may be taken in any subsequent pay period, providing such leave is approved by the Deputy Director. 9.3 Accumulation of annual leave may be unlimited, however accrued vacation leave payoff at the time of separation of City service, will be limited to 100%for the first 960 hours and at 25% after that, as long as the employee has completed the applicable probation period. As to newly hired employees to the City in this group after the effective date of this contract, accumulation shall be unlimited, but at time of separation from City employment, payoff is limited to 100%for the first 480 hours accumulated and 25% for hours accrued beyond this amount. ARTICLE 10 SICK LEAVE 10.1 Sick leave shall accrue at the rate of 3.69 hours per pay period for all regular full time employees covered by this agreement. 10.2 An employee requesting sick leave usage must provide the proper notice as established by the Department Policy. 10.3 Sick leave may be used for the following: Illness or injury to the employee, on or off the job, resulting in an inability of the employee to perform his/her work. 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 the purpose 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, nieces and nephews and any relative living in the employee's household. 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 any on instance. Upon request of an employee, additional days shall be granted if he/she encounters extenuating circumstances of must travel out of state. Maternity Leave: Illness/disability resulting from pregnancy, miscarriage, or childbirth shall be charged to sick leave and then, if necessary, to vacation accrual. Upon expiration of all paid leave, 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. 8 Family Leave: Employees are covered by Federal/State Family Leave legislation which provides for leave of absence to care for a newborn child, adopted child or a child terminally ill. See the City of Port Angeles Personnel Policy and Procedure Manual, Chapter 7.06, Family Leave. Donation of Paid Leave Time for Catastrophic Illness/Injury: An employee may donate sick leave, vacation, compensatory time, or holiday time to another employee who has exhausted all pair leave time resulting from a catastrophic illness/injury. See the City of Port Angeles Personnel Policy and Procedures Manual, Chapter 7, Leaves of Absence, for specific conditions and eligibility procedures. Worker's Compensation: When an employee is injured on the job and there is time lost, he/she shall go on industrial insurance as provided by the City. He/she may use sick leave credits for pay equal to the difference between his/her regular pay, less the amount of Workers Compensation pay. The portion of sick leave paid will be deducted from accumulated sick leave. Upon exhaustion of sick leave credits, any other form of paid leave shall be made available for the above purpose. 10.4 Sick Leave Cash Out: 25% of accumulated sick leave will be paid out upon separation of service from the City of Port Angeles. In the event of the death of an employee, the City will pay 75% of accumulated sick leave. ARTICLE 11 EDUCATION AND CERTIFICATIONS The parties agree that it is in their best interests to provide opportunities for employees to gain additional education in areas relating to their employment with the City. The city agrees to reimburse an employee for full tuition and book expenses for courses directly related to his/her job subject to written approval in advance by the Public Works Director and in accordance with the City's Personnel Policies and Procedures Manual, Department policy, and available funds and as set by the Tuition Reimbursement policy. The employee must submit proof of satisfactory completion of the course, and such proof shall be placed in the employee's personnel file. Certifications required by the Employer by City, State or Federal government/regulation will be paid for by the Employer including any training needed to obtain and maintain such certifications. This includes any renewal fees. ARTICLE 12 HEALTH AND WELFARE BENEFITS 12.1 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 part—time employees (50%or greater) and their eligible dependents. 9 Medical Insurance: The City shall provide medical insurance through AWC and cover 87.5% of the premium for employees and eligible dependents for the Health First medical plan. The cost sharing of premiums for employees will be 12.5% of the monthly medical premium. The City agrees to purchase the AWC vision plan. The City will provide$50 per month compensation as a"Health Care Offset"for uninsured medical, vision, and/or dental expenses for calendar year 2015. 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. Term Life Insurance: The City agrees to extend life insurance coverage to regular full time employees represented by IUOE Local#302 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. Long-term Disability The City will provide long-term disability insurance for regular full-time employees with a 90-day waiting period and income protection equal to approximately 60% of the employees' monthly salary. The specific terms, conditions and eligibility shall be governed by the insurance policy document, provided to each employee. Deferred Compensation: The City shall make deferred compensation programs available to employees and the City shall contribute 50% of the employee's contribution up to 3% of base salary. IRS 125 Account (Flexible Spending Account) The City shall make available an IRS 125 Flexible Spending account benefit for any employee who chooses to participate in the program. ARTICLE 13 RETIREMENT 13.1 Retirement: Employees shall be covered under the applicable Washington State Public Employees Retirement System (PERS)c9 plan and Social Security. ARTICLE 14 EMPLOYEE RIGHTS 10 14.1 The Employee personnel records shall be accessible to the concerned employee, selected City officials as authorized by the City Manager, and Union representatives, except as otherwise required by law. Personnel files shall contain only information directly relevant to the employee's employment with the City. Employees may examine the file and shall have the right to rebut, in writing, any items in the file. 14.2 If a meeting with an employee is called for that may result in disciplinary action, the employee may request a Union Representative to be present. 14.3 Administration of employee records, discipline and discharge for Managers and Superintendents will continue to be in accordance with Employer's Personnel Policy& Procedures Manual as they pertain to employee discipline and discharge. An employee may request any disciplinary action to be removed from his/her personnel file. Requests must be in writing to the Department Director. ARTICLE 15 PROBATION Administration of probationary periods of employment for Managers and Superintendents will continue to be in accordance with Employer's Personnel Policy & Procedures Manual as they pertain to probation periods. During probation, supervisors in the bargaining unit shall not have access to the grievance procedure regarding discipline and discharge. Probationary periods for all members of this group will last twelve (12) months. ARTICLE 16 LAYOFF, RECALL & PROMOTION Administration of layoff, recall from layoff and promotion for Managers and Superintendents will continue to be in accordance with Employer's Personnel Policy& Procedures Manual as they pertain to layoff, recall and employee promotions. The City will notify the Union and proceed in accordance with the City's Personnel Policy& Procedures Manual in advance of implementation of any reorganization within the Public Works Department which would result in the termination, lay-off or reassignment of bargaining unit employees. Once the Union and At-Risk employees are notified, the parties will meet and confer for the purpose of discussion regarding the effects upon employees. ARTICLE 17 SENIORITY The term "seniority" shall be inoperative for Managers and Superintendents in accordance with Employer's Personnel Policy& Procedures Manual as they pertain to the employee's length of service. ARTICLE 18 COMPENSATION 11 18.1 Wages Effective 1/1/15 the cost of living adjustments (COLA)for 2015 is 2%. 18.2 Classification/Pay Grade is as follows per the 2015 IUOE Grade/Step Table: Power Resources Manager—R02 Street/Stormwater Superintendent—R03 Fleet Maintenance Manager—R03 Solid Waste Superintendent—R03 Water Superintendent—R04 Waste Water Superintendent—R04 Engineering Manager—R05 Light Operations Manager—R06 Electrical Engineering Manager—R06 18.3 Higher Class Pay- Upon approval from the Department Director and City Manager, when an employee is assigned to work in a higher classification, such as the Deputy Director position, for more than five(5) days, the employee will receive 5% premium pay. 18.5 A Salary Survey will be performed by the City during the first year of the Collective Bargaining Agreement; the surveyed City's will be discussed between the City and the Union. ARTICLE 19 EQUIPMENT, UNIFORMS, & CDL's 19.1 The Employer will supply all safety equipment, rain gear and gloves if appropriate. 19.2 Uniforms: Uniforms will be provided as per the Public Works Department Policy on Employee Uniforms. 19.3 Commercial Driver's Licenses (CDL): Operations Managers and Superintendents are not required to obtain and maintain CDL. If an Operations Manager and Superintendent elects to obtain a CDL, as directed from the Deputy Director, the CDL Fees shall be borne by the City. The City will reimburse out- of-pocket expenses associated with obtaining a CDL, up to the rate contracted by the City with a vendor for a required health exam. The choice of vendor and rates will remain the decision of the City. If the employee wishes to use a medical service other than the contracted vendor, the City will reimburse only up to the amount contracted with the City-selected vendor; the employee will be responsible for charges in excess of the contracted amount. 19.4 Safety Shoe Allowance Per Labor and Industries, the City has implemented safety procedures under the Public Works and Utilities Department Foot Protection Policy for safety shoes. The City will pay up to$150 on any boot purchased per year. The employee will pay any dollar value over this amount. A certificate will be 12 ARTICLE 20 SAFETY 20.1 The City agrees to provide a clean and sanitary work environment. 20.2 The City and employees will comply with all state and federal laws to insure worker safety. 20.3 The City shall pay for Hepatitis A, B, DPT, and tetanus inoculation for all employees potentially exposed to those diseases. ARTICLE 21 CIVIL LIABILITY The City shall comply with all laws respecting the civil liability of employees in the performance of their duties. ARTICLE 22 SAVINGS CLAUSE 22.1 If any Article, or part thereof, of this Agreement or any addenda thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal, the remainder of this Agreement and addenda shall not be affected thereby, and the parties shall enter into immediate collective bargaining negotiations to arrive at a mutually satisfactory replacement of such Article or addenda. 22.2 It is agreed between the parties that nothing in this Agreement intends to abrogate existing monetary benefits as set forth in the City's Personnel Policy& Procedures Manual and not specifically referred to in this Agreement. ARTICLE 23 NO STRIKE, NO LOCKOUT 23.1 The City and the Union recognize 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. Neither the Union nor the City shall cause, engage in, or sanction any work stoppage, slow down, action in sympathy, or other interference with City functions. 23.2 The City shall not engage in any lockout of its employees during the term of this Agreement. 23.3 An employee's failure to cross a primary picket line established by some other Union where the employee may be subject to bodily harm will not be cause for discipline for such failure. 13 ARTICLE 24 ENTIRE AGREEMENT The Agreement expressed and referred to herein in writing constitutes the entire Agreement between the parties and no express or implied or oral statements shall add to or supersede any of its provisions. ARTICLE 25 TERM OF THE AGREEMENT This Agreement shall become effective upon the date signed and dated by authorized representative of both parties and shall remain in full force and effect from January 1, 2015 to December 31, 2015.Either party shall file written notice with the other of its desire to amend, modify or terminate this Agreement, not later than sixty(60) days, or more than 90 days before expiration of the current agreement. In such case, the parties shall promptly meet for the purpose of negotiating a successor Agreement. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THIS v-A OF r--A.,k4zG 2015. FOR THE CITY OF PORT ANGELES FOR LOCAL#302, INTERNALTIONAL UNION OF OP ACING ENGINEERS Dan DiGuilio, Mayor a n Konopaski, Business Manager Dan McKeen, City Manager Abbi Fountain, Human Resources Manager 14