HomeMy WebLinkAbout000982 Original Contract pity of Port Angeles_ ,
Record # 000982
AGREEMENT
BETWEEN
CITY OF PORT ANGELES
AND
coorte\
i
TEAMSTERS LOCAL 589
SWORN OFFICERS UNIT
January 1,2015 tluu December 31,2015
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 I I
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 14
Section B - Deferred Compensation 15
Section C - Longevity Pay 15
Section D - Overtime Compensation 15
Section E - Stand-by/Call-Back 16
Section F - Compensatory Time 16-17
Section G - Educational Incentive Pay 17
Section H - Tuition Reimbursement 17-18
Section I - Higher Class Pay 19
Section J - Uniforin Maintenance Allowance 18-19
Section K- Field Training Officer Pay 19
ARTICLE V - PAID LEAVE TIME
Section A - Vacation 19-20
Section B - Sick Leave/Family Leave 20-21
Section C - Holidays 21-22
ARTICLE VI - HEALTH BENEFITS 22-24
Medical, Dental, and Vision
LTD, Life, & RWT Plus Retiree Fee
ARTICLE VII - GRIEVANCE PROCEDURE 24-27
ARTICLE VIII - DURATION OF AGREEMENT 27
APPENDIX "A" WAGE TABLE 28
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
1. 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 naive 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.
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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 information 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 11-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:
1. 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.
3. Select, increase, diminish or change equipment, vehicles, machinery, etc., including the
introduction of any and all new, improved or automated methods or equipment.
4. Assign work and establish work schedules.
5. Engage in all types of personnel transactions and disciplinary proceedings in accordance
with established ordinances, 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.
7. Determine the number and classifications of personnel.
8. Take any action necessary to carry out its mission in an emergency.
Section B - Union Security
1. It shall be a condition of employment that all employees covered by this Agreement who
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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.
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 charg e. 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.
3. 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.
3. 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.
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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 making 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 infonnation in the Department files shall not be used
relative to taking personnel actions, unless this infonnation 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 infonnation
contained in the file.
Whenever a Department Head places infonnation concerning the employee in the official
personnel file, a copy will be provided to the employee. If this infonnation is the result of
disciplinary action or an unsatisfactory perfonnance 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
perfonnance 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 tunes 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
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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 Bill of Rights
Employees covered by this Agreement shall be entitled to the protection of the Port Angeles
Police Department Employee Bill of Rights.
1. 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.
3. 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
intennissions, 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.
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Programs or functions shall not supplant current full-time department personnel. If the
Department determines that it may l 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
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 pennission 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
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shall not interfere with the normal operations of the Department.
ARTICLE III - WORKING CONDITIONS
Section A- Hours of Work
1. 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 detennines 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 rank and then seniority on their assigned
teams. Shift start times will then be bid in 6 month increments first by rank then by seniority.
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 determined 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 reassigmnent 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 of up to 8 hours per day, 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
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and shall not be included in the calculations of an employees work week for purposes of
overtime.
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 perfonned 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
perfonning 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 pen-nits 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.
Holiday pay: If an employee is scheduled to work on a holiday, the employee shall receive pay
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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 assignment 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.
3. 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
detennined 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 nonnal work week as a result of changed or
traded of shifts.
5. 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.
6. 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 detennined by the City. The Supervisor
shall detennine the meal period during the shift.
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7. 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.
a. 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 4X11 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 tenninate, transfer, or re-assign one of the
individuals involved,if necessary, to resolve operational or personnel problems in managing the
Police Department. Prior to tenninating 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 tern 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- DruI4 Testinp,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 perforn 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 teens 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
Il n ml 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 fonns 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 perfonn 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 pennitted to perfonn safety-sensitive work,
operate equipment or vehicles or carry a fireann 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 tennination.
3. 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.
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• 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 detennine
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/inl
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.
ARTICLE IV- COMPENSATION
Section A-Wages - Three-Year Agreement
Effective 1/1/2015 the wage table will be increased by 2%. Retroactive to 1/1/15 to include staff
who have left City employment in 2015.
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
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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 detennining eligibility for
longevity premiums, City service shall be limited to time served in good standing as a regular
full-tune employee of the Port Angeles Police Department covered by this Agreement.
Section D - Overtime Compensation (applies when NOT on 4X11 schedule)
1. Overtime hours are those cornpensable 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.
3. 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.
5. 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
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
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stops, etc); instructor certifications and re-certifications; and staff/department meetings.
6. 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-BY/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 nonnal work schedule, when assigned by a
supervisor. The employee on stand-by shall be required to cant'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. When an employee is mandated to return to work (from the bottom up
on the seniority list) it shall be at double the straight time of pay. No employee will be mandated
more than once each pay period except under exigent circumstances. (Effective date contract is
signed no retroactivity.)
Section - Compensatory Time
1. No employee will be allowed to accumulate more than 120 hours of comp time.
2. An employee on compensatory time off shall be deemed to be on official leave with pay
status.
3. 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.
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.
5. An employee may choose to add comp time to his bank as long as his bank does not
exceed the 120 hour maximum.
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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 fonn
provided by the Human Resources Office.
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.
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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 detennination
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 - Higher 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
1. 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 (after taxes). 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 Jump
suits are pennissible.
3. Only those items listed in the Police Department Policy and Procedures Manual may be
purchased with unifonn maintenance allowance funds. The Department retains the right
to detennine if the article purchased is an approved part of the unifonn, 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 unifonn articles.
5. The employee agrees to maintain and repair his/her uniform and have all items available
for inspection upon reasonable notice.
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6. 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, tennination, etc.)
7. 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 detennined 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.
ARTICLE V- PAID LEAVE TIME
Section A—Vacation Bidding
Seniority order within the shift you are working, shall prevail for all employee vacation
selections made during the"vacation selection period" October for vacation in the following
year. A maximum of 3 consecutive work weeks may be bit during any bid cycle. Failing to
make a bid with in a 72 hour period, and notified the next most senior person, will allow the next
person the right to make their selection. In the case where a selection is advanced to the next
without a bid the employee who's bid is received fist will prevail.
Vacation time not selected during the vacation selection period is subject to forfeiture as
provided below.
All time applied for after the vacation selection period will be on a space available basis.
Vacation time off is to be worked out between the Supervisor and the employee. Vacation may
be taken at any time during the year with the welfare of the job being the detennining factor.
Employees may split their vacation into as many parts as is mutually agreed upon between the
employee and the supervisor.
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Section B—Vacation
Vacation leave shall accrue to each employee covered by this Agreement, as follows:
Annual Hrs. Holiday Bank Max.Accrual
Accrual Hours
1 - 5 continuous years
of City service 80 96 384
6 - 10 continuous years
of City service 120 96 464
11 - 15 continuous years
of City service 160 96 544
16 - 20 continuous years
of City service 200 96 624
21 & over continuous years
of City service 240 96 704
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. The maximum accrual of vacation leave will be assessed as of the final
day of the final pay period of December. Employees shall be paid for unused vacation
leave at their final base hourly rate (i.e., straight time) upon leaving City service, except
for tenninations 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 C - 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.
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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.
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.
3. 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.
C. 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
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Section D - 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
1. Employees covered by this Agreement shall in January of each calendar year, receive 96
hours of holiday time (11 named holidays plus one floating holiday+ 96 hours) The
holiday bank will be added to the vacation bank. (See Section B)
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.
3. All hours worked on a holiday in excess of eight 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.
5 When the major portion of any shift is on a contractual holiday, the entire shift shall be
paid according to this section.
6. 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.
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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.
3. 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.
5. 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.
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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
perfonning 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 terns 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):
111115 $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.
ARTICLE VII - GRIEVANCE PROCEDURE
Section A - Objectives
To informally settle disagreements at the employee/supervisor level; to provide an orderly
procedure to handle the grievance through each level of supervision; to correct, if possible, the
cause of the grievance to prevent future complaints; to promote harmonious relations among
employees, their supervisors, and Departmental administrators; to assure fair and equitable
treatment of employees; 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.
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Employee: Any employee of the classified service of the City of Port Angeles Police
Department covered by this Agreement.
Immediate Super visor The person who assigns, reviews, or directs the work of an employee.
Division Manage: The person to whom an immediate supervisor reports.
Representative: A person who appears on behalf of the employee.
Department Head: The Police Chief of the City of Port Angeles.
Section C - Exclusions
1. Work assigmnents, 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.)
3. Work performance evaluations.
4. Impasse in collective bargaining.
5. Grievances filed after twenty(20) working days from date of occurrence, or after twenty
(20) working days from the date the employee had knowledge of an occurrence.
Section D - Time Limits
Time limits are established to settle grievances quickly. Time limits may be extended by
agreement of the parties. If the grievant is not satisfied with the decision rendered, it shall be the
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.
3. 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.
5. Grievances of an identical nature, involving an alleged violation of the same article,
section, etc., concerning the same subject matter, may be consolidated.
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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 twenty(20) working days from the occurrence of the incident on which a complaint is
based, or within twenty(20) 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 twenty(20) 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 l: Supervisor
The formal grievance procedure shall be initiated by the employee, stating the nature of the
grievance, the alleged violation by section or number, and the desired solution, in writing on the
City grievance forin, together with any supporting documents attached to the grievance form.
The grievance forin and any supporting documents shall be delivered to the supervisors with
whom the informal meeting was held, no later than twenty (20) working days from the date of
the close of the informal 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 twenty(20) working days of the close of the fonnal 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 twenty(20) 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 fonn, to the employee by the
Department Head within twenty(20) 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 twneyt (20) working days from receipt of the Department
Head's decision. In his appeal to the City Manager, all supporting documents must be attached
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to the grievance fonn, 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
twenty(20) 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 twenty(20) 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.
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APPENDIX «A» Wage Table
City of • .rt Angeles--TEAMSTERS Local#589 Sworn Officers
Salary&Classification Schedule effective January 1,2015'--2.0%COLA
Salary Range Step Hourly BI-weekly • Annual
Rate Salary Salary
based on Amount
2,080
work
hours
1 $29.512 E2,4 0.96 $61,385
Police Officer 2 $30.839 7.12 $64,145
3 $32.239 9.12 $67,057
4 $33.692 5.36 �' $70,079
5 $35.144 1.52 • 1• $73,100
1 $39.186 $3,134.88 $81,507
Police Sergeant 2 $40.514 $3,241.12 $84,269
1 $32.616 $2,609.28 $67,841
Police Corporal 2 $33.964 $2,717.12 $70,645
3 $35.391 $2,831.28 $73,613
4 $36.178 $2,894.24 $75,250
5 $37.630 $3,010.40 $78,270
NOTE.The annual salary is adjusted in SunGard by the COLA amount(2%).
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ARTICLE VI)CI-DURATION OF AGREEMENT
This Agreement shall be effective January 1, 2015, and shall remain in force through December
31, 2015, and shall remain in effect during the course of negotiations of a new Contract.
IN WITNESS WHEREOF, we hereunto attach our signatures this—H 1 day November
2015.
7:7ZI��4 TEAMSTERS L#589
Da Guilio, Mayor Mark Fuller, Secretary/Treasurer
Dan McKeen, City Manager
Abbi Fountain, Human Resource Manager
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