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HomeMy WebLinkAbout001126 Original Contract City of Port Angeles Record # 001126 AGREEMENT BETWEEN CITY OF PORT ANGELES AND Sot �zu w TEAMSTERS LOCAL 589 SWORN OFFICERS UNIT January 1, 2016 thru December 31, 2018 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 2-3 Section B - Union Security 3 Section C - Payroll Deductions 3-4 Section D - Personnel Policy and Procedures 4 Section E - Record Keeping 5 Section F - Personnel Records 4-5 Section G - Labor-Management Committee 5 Section H - Police Department Employee Bill of Rights 5-6 Section I - Citizen Volunteer Programs 7 Section J - Promotions 7 Section k - Union Communications 7-8 ARTICLE III - WORKING CONDITIONS Section A - Hours of Work 9-11 Section B - Shift Rotation 11 Section C - Response Time 12 Section D - Relatives Working in the Police Department 12 Section E - Work Stoppage 12 Section F - Drug Testing Policy 12-16 ARTICLE IV - COMPENSATION Section A - Wages 16 Section B - Deferred Compensation 16 Section C - Longevity Pay 16 Section D - Overtime Compensation 17 Section E - Stand-by/Call-Back 17-18 Section F - Compensatory Time 18 Section G - Educational Incentive Pay 18-19 Section H - Tuition Reimbursement 19-20 Section I - Higher Class Pay 20 Section J - Uniform Maintenance Allowance 20 Section K - Field Training Officer Pay 20-21 ARTICLE V - PAID LEAVE TIME Section A - Vacation 21-22 Section B - Sick Leave/Family Leave 23-24 Section C - Holidays 24-25 ARTICLE VI - HEALTH BENEFITS 25-26 Medical, Dental, and Vision LTD, Life, & RWT Plus Retiree Fee ARTICLE VII - GRIEVANCE PROCEDURE 27-30 ARTICLE VIII —PHYSICAL FITNESS INCENTIVE 30 ARTICLE VIIII - DURATION OF AGREEMENT 31 APPENDIX "A" WAGE TABLE 32 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 terns and conditions set forth herein shall apply to employees in the following classifications: • Police Officer • Police Corporal • Police Sergeant The Union agrees to provide, in writing, the name of the shop steward(s) and notice and any changes shall be provided to the Human Resources Manager. Section D - Savings Clause The City and the Union agree that should any portion of this Agreement be contrary to present or future State or Federal laws, both parties agree to mutually resolve the conflicts. Neither the City nor the Union shall be penalized or hold the other party responsible for conflicts which might arise. Any new provisions shall have no effect on the remaining provisions of this Agreement. 1 Section E - Non-Discrimination The City and the Union agree that they will not discriminate against any employee by reason of race, creed, age, color, sex, national origin, religion, handicapped status, or marital status, or Sexual Orientation and Genetic infonnation or, membership or non-membership in the Union. Wherever notations are used in the masculine gender, they are intended to apply equally to either gender. ARTICLE II - RIGHTS OF PARTIES Section A- Management's Rights The City and its management representatives shall retain all customary rights, powers, functions, and authority normally reserved by management consistent with State law, local ordinances, and Department rules and regulations. This management rights section does not give Management the right to change or modify the existing negotiated contractual language of the Agreement. The Management rights shall include but not be limited to the following: 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. Detennine the number and classifications of personnel. 8. Take any action necessary to carry out its mission in an emergency. 2 Section B - Union Security 1. It shall be a condition of employment that all employees covered by this Agreement who are members of the Union in good standing on the execution date of this Agreement shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its execution date shall by the thirtieth (30th) day following initial hire, become and remain members in good standing in the Union, or in lieu thereof, pay each month a service charge equivalent to initiation fees and Union dues, paid to the Union, toward the administration of this Agreement. 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 tenninated for any reason other than the failure of the employee covered by this Agreement to tender the initiation fee, Union dues or service charge 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 harnless from any liabilities of any nature, which may arise as a result of the application of this Article. Section C - Payroll Deductions I. 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 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. 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 information in the Department files shall not be used relative to taking personnel actions, unless this inforination is also contained or referenced in the official personnel file. Any employee may review his/her personnel file in the Human Resources Office or within the .Department upon request, with reasonable notice, and may have a copy of any information contained in the file. Whenever a Department Head places information concerning the employee in the official personnel file, a copy will be provided to the employee. If this information is the result of disciplinary action or an unsatisfactory 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 4 II, Section G below, for review and recommendation to the Police Chief The decision to remove will at all times remain with the Police Chief. Section G - Labor-Management Committee In the interest of developing mutual trust and open communication between the parties and improving employee/employer relations, the parties agree to establish a labor-management committee to meet at times as mutually agreed upon. The members of this Committee for the City may include the City Manager, the Human Resources Manager, the Police Chief, and others as needed. The members of this Committee for the Union shall be the respective business agent for the Union and two employees from the bargaining unit, and others that may need to attend not to exceed 4 personnel. Section H - Police Department Employee 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. 5 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. Use of deadly force/in-custody death/investigation of excessive force - Officer(s) involved in: 1. a use of deadly force; 2. an incident when someone died while being apprehended or while in custody; or 3. incident involving an investigation of excessive force will be allowed reasonable time to consult a representative and an attorney. When an incident occurs involving the above listed items--whether or not death occurs-- representatives of the Department shall request from the involved officers only public safety information needed to secure the scene,to identify witnesses, to follow-up and apprehend any perpetrators of the crime who may be at large, or to handle other exigent circumstances. The Department will not otherwise question the involved officers regarding the incident until at least 48 hours after the event. However, officers may volunteer a statement at anytime. A union representative and a Department representative may mutually agree to a time when the involved officer will give a statement about the incident.The union representative will consult with the involved officers as to the timing of giving statements. The Department shall allow the involved officers to have a representative of their choosing present during any interviews regarding the incident.The union representative will ensure that the involved officers have all contractual and constitutional rights and protections. The Department will immediately inform the involved officers that they have immediate access to the following: 1. A spouse or significant other 2. A union representative 3. A personal attorney 4. A psychologist, psychotherapist, or minister 5. A peer support counselor At the discretion of the Chief of Police or designee, the involved officers may be placed on administrative leave or assigned administrative duties. If the Department must preserve a chain of custody for weapons the involved officers will be immediately issued a replacement weapon unless the Chief of Police or designee immediately articulates to the involved officers a compelling reason for not issuing the weapon.The Chief of Police will notify the involved officers of that reason in writing, as soon as possible but no later than 48 hours. 8. This Police Department Bill of Rights only applies to disciplinary actions and related investigations, excluding cases of criminal investigations. i Section I - Citizen Volunteer Programs Management reserves the right to establish citizen volunteer programs to perforin non-critical 6 I public service functions related to the department's Community Policing goals and objectives. Programs or functions shall not supplant current full-time department personnel. If the Department determines that it may have need of adding permitted actions to the list below, it will contact the Union and the Union agrees to meet and confer with the Department Head. Vacation house checks; annual City/Police auction; speed watch trailer program; distribution of registered sex offender and criminal alert bulletins; crime prevention programs; assisting with non-specialist tasks for the Records Division; assisting the Operations Division by acting in capacities not requiring sworn officer status during special community events like as parades, athletic events, and fairs, and with "citizen patrols" of areas and events like as the Waterfront 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. F 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. k 7 E 4. Union Business: Reasonable time off with pay shall be provided to affected employees to attend official Union functions, like Union membership meetings; provided however, attendance shall not interfere with the non-nal 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 detennined 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 tenmination 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 8 year, in addition to their regularly scheduled work days. These training days will be assigned based on the agency's needs. Training days will not fall on the employee's calendar weekend (Saturday/Sunday) and will be scheduled on the employees' last regularly scheduled day off. These days will be scheduled no later than 30 days in advance and shall not be included in the calculations of an employees work week for purposes of overtime. Training days will be scheduled in advance and are considered part of the employee's regularly scheduled work week during the weeks they occur. These training days shall be paid at regular pay scale and shall not be included in calculations for purposes of overtime. Overtime: All work performed by employees in excess of eleven (11) hours in the saine 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. 9 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 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 non-nal 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 non-nal work day, for Patrol and Detectives shall be as in the table above. (separated at the approximate mid-point by a meal period,if appropriate, as defined herein). The starting and ending times of the work day (a shift) shall be determined by the City. 4. Personal Requests: Personal requests for a change or trade of day,or shift must be approved by administration. The City shall not be obligated to provide overtime or additional compensation to the affected employees for overtime incurred resulting from a requested change or trade of day, or shift for personal reasons nor shall the City be obligated to pay for time not worked in a nonoral 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. 10 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 determined by the City. The Supervisor shall determine the meal period during the shift. 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 11 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. However, the City reserves the exclusive right to terminate, transfer, or re-assign one of the individuals involved, if necessary, to resolve operational or persomlel problems in managing the Police Department. Prior to terminating an employee because of this policy, the City shall make reasonable effort to transfer the individual to another position. The Union reserves the right to be consulted prior to any decision on this matter. Section E - Work Stoppages, Strikes, or other Concerted Work Actions The City and the Union agree that the public interest requires efficient and uninterrupted municipal services, and to this end, pledge their support to avoid or eliminate any conduct contrary to this objective. During the term of this agreement, the Union and the employees covered by this agreement shall not engage in any work stoppage, strike, work slow-down, sick-out, or any other concerted activity which may, in any manner, interfere with public safety, municipal services, or be construed as contrary to the objective above. It is further understood employees who engage in any actions as noted above shall be subject to any disciplinary action as may be detennined by the City. Employees shall be held responsible for any financial losses suffered by the City as a result of work actions. Section F- Drug Testing Policy 1. Policv: 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 perforin 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. 12 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. 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 terins 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 detennine whether they are negative for these drugs or classes of drugs: n 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: 13 E F 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 Level of the positive results for ethyl alcohol 0.05 gr/dl. Illegal Drugs - are defined as all forins 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 permitted to perform safety-sensitive work, operate equipment or vehicles or carry a firearm while on city business without a written release from his/her doctor that the employee is deemed safe to perform duties. Employees who violate this policy shall be disciplined up to and including 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 14 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. • The collection and testing of the samples shall be performed only by a laboratory and by a physician or health care professional qualified and authorized to administer and determine the meaning of any test results. The laboratory performing the test shall be one that is certified by the National Institute of Drug Abuse(NIDA). • If a specimen tests positive in an immunoassay screen test, the results must be confinned by a gas chromatography/mass spectrometry test. The specimen must show positive results at/within the following limits on the GC/MS (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. Confinnatory Test: Barbiturates 200 ng/ml Benzodiazepines 200 ng/ml Methadone 100 ng/ml Methaqualone 300 ng/ml Ethanol 0.03 g/dl • At the employee's or the union's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the union for testing. The cost of this test will be paid by the union or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. • The employee and the union shall be infonned 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 15 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 1/1/16 Wages will be increased by 1% which is 90% CPI-W Seattle Tacoma Bremerton June to June 1/1/16 Market Adjustment of 1% 7/1/16 Market Adjustment of 0.5% 1/1/17 Wages will be increased by 100% of the CPI-W Seattle Tacoma Bremerton June to June 1/1/17 Market Adjustment of 1% 1/1/18 Wages will be increased by 100% of the CPI-W Seattle Tacoma Bremerton June to June 1/1/18 Market Adjustment of 1% Section B - Deferred Compensation Upon the month following date this contract is approved, the City will make a 3.6% biweekly contribution to the deferred compensation account of each bargaining unit employee, based upon the employee's base wage Section C - Longevity Pay The City agrees to pay longevity premiums as follows, computed upon the monthly base wages: • Completion of five (5) years City service, 2%; • Completion of ten (10) years City service, a total of 4%; • Completion of fifteen (15) years City service, a total of 6%; • Completion of twenty (20) years City service, a total of 8%. Longevity premiums shall be paid beginning with the first full pay period following the completion of the eligibility requirements. For the purpose of determining eligibility for longevity premiums, City service shall be limited to time served in good standing as a regular full-time employee of the Port Angeles Police Department covered by this Agreement. Section D - Overtime Compensation (applies when NOT on 4X11 schedule) I. Overtime hours are those compensable hours which the employee is assigned to work in excess of forty (40) hours in the week or eight (8) hours in a day. 16 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 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 detennined 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 normal work schedule, when assigned by a supervisor. The employee on stand-by shall be required to carry a cell phone. Stand-by Compensation: An employee on stand-by assignment shall receive 1 hour at the officer's base hourly rate each day or the same in comp time.. Aay 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 nonnal 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 17 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. 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 attaimnent 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 attaimnent 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 18 date of execution. All law enforcement subjects shall be as approved by the Washington State Training Commission and meet the necessary requirements of an accredited college or university. All new employees having college credits in other than Peninsula College shall have credits transferred to Peninsula College for qualification for the educational incentive pay. This shall not apply to employees who have completed a two or four-year degree program in law enforcement at another accredited college. Probationary employees shall not be eligible for educational pay. This does not apply to promotional probations. Section H - Tuition Reimbursement The City's tuition reimbursement program covers payment for college course work to encourage employees to pursue job-related education/training. Under the tuition reimbursement program, the City pays for 75% of tuition and-required books, not to exceed $750 annually, subject to budgetary restrictions and in accordance with the following requirements: a) Requests for tuition reimbursement must be made in writing, in advance, on the form provided by the Human Resources Office. 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 deternines materials are of value to the City. Courses offered during regular work hours may be approved, per the above policy, if time off can be arranged without affecting the public services or disrupting departmental operations. Time off should be charged to accrued vacation, comp time, or leave without pay. The following are examples of courses that may be approved as job-related. Final determination for acceptability of tuition reimbursement is the decision of the Police Chief and City Manager. • Law enforcement courses (e.g., Introduction to Criminal Justice, Criminal Justice Administration, Crime Scene Investigation, Criminal Law) • Psychology • Speech • Computer courses related to specific software/hardware used by the department • Typing, English • Report writing and written communications courses • Supervision/management courses 19 • 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. Uniforins 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 on the date of assignment and annually on the date of assignment provided the officer is assigned for longer than 60 days. 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 uniform maintenance allowance funds. The Department retains the right to detennine if the article purchased is an approved part of the uniform, is of acceptable quality, and is in conformance with Department standards. 4. The Police Chief retains the right to supply uniform or equipment articles from supplies on hand rather than authorizing the employee to purchase new uniform articles. 5. The employee agrees to maintain and repair his/her unifonn and have all items available for inspection upon reasonable notice. 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. 20 ARTICLE V- PAID LEAVE TIME Section A—Vacation BiddinjZ 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 determining factor. Employees may split their vacation into as many parts as is mutually agreed upon between the employee and the supervisor. 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 - 4 continuous years of City service 96 132 384 5 - 9 continuous years of City service 136 132 464 10 - 14 continuous years of City service 176 132 544 15 - 19 continuous years of City service 216 132 624 20 & over continuous years of City service 256 132 704 21 I. Vacation may be taken only upon completion of one full year's service unless otherwise approved by the Department Director. Thereafter, vacation credit eared 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 terminations during the employee's new hired probationary period. If an employee has prior approval for vacation and is called back to work once his/her vacation has started, the employee will be compensated at the overtime rate of pay for the time which interfered with scheduled vacation. Section 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. 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 perforin 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 22 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 (non-nal 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 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 132 hours of holiday time (11 named holidays plus one floating holiday= 132 hours) the holiday bank will be added to the vacation bank. (See Section B) 23 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. 2. 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. ARTICLE VI - HEALTH BENEFITS 1. Medical Benefits: Effective January 1, 2016, based on December 2015 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 2016, 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 2016, 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. 24 2. Dental Coverage Effective January 1, 2016, based on December 2015 hours and February 2016 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, 2016, based on December 2015 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 tenn 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. 6. RWT-Plus: Teamsters Retiree Medical Effective January 1, 2016, based on December 2015 hours, the employer shall pay into the Retiree's Welfare Trust the amount of$94.85 per month on behalf of each employee performing work of the bargaining unit, in a represented classification, who is compensated for eighty(80) hours or more in the preceding month, to provide the RWT- Plus Retiree Medical Plan. In the application of the terins of this article of the labor agreement by and between Teamsters Local Union NO. 589 and the City, it is understood that the contributions to the Retirees Welfare Trust, (RWT-Plus) Plan, shall be as follows: Effective Date(based on preceding month) Contribution Rate (monthly): 1/1/16 $94.85 2017 and 2018 To be determined The RWT-Plus Retiree Medical Plan, shall, for the life of the agreement, be funded solely r 25 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 tenns, as used in this Article, shall have the following meaning: Grievanee: 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 tenn or condition of this Agreement. Working Day: Exclusive of Saturday, Sunday, and legal holidays. All "days" used in this article shall mean "Working Days"by this definition. Employee: Any employee of the classified service of the City of Port Angeles Police Department covered by this Agreement. Munediate Supervisor: The person who assigns, reviews, or directs the work of an employee. Divisiofi Manage: The person to whom an immediate supervisor reports. Representative: A person who appears on behalf of the employee. i Department Head: The Police Chief of the City of Port Angeles. i Section C - Exclusions I i 26 I. Work assignments, unless the complaint arises out of an allegation that the employee was required to work in violation of applicable sections of this Agreement. 2. Appeals involving examination procedures. (These matters are within the Civil Service Commission's authority.) 3. Work performance evaluations. 4. Impasse in collective bargaining. 5. Grievances filed after (Oworking days from date of occurrence, or after y 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 fornal 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. 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. i I i I 27 Section F- Informal Grievance Disposition Within 20 working days from the occurrence of the incident on which a complaint is based, or within 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 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 form, together with any supporting documents attached to the grievance form. The grievance form and any supporting documents shall be delivered to the supervisors with whom the informal meeting was held, no later than 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 forn within 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 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 forn, to the employee by the Department Head within 20 working days from the close of the formal meeting. Step 3: City Manalzer If the employee is not satisfied with the decision of the Department Head, he/she may appeal the decision to the City Manager within 20 working days from receipt of the Department Head's decision. In his appeal to the City Manager, all supporting documents must be attached to the grievance form, together with the grievants reason for appeal and stated remedy requested. The City Manager or his designee will review the original grievance, all supporting documents, the Department Head's response, and the remedy requested, and issue a written decision within 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 20 working days 28 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 naive 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. ARTICLE VIII PHYSICAL FITNESS INCENTIVE The City and the Union agree to draft guidelines for the fitness incentive via a Memorandum of Understanding (MOU) by November 30, 2016. It has been agreed that once the guidelines are finalized the fitness incentive for 2017 will be$250 per person and in 2018 will be$300 per person. 29 ARTICLE `'IIII- DURATION OF AGREEMENT This Agreement shall be effective January 1,2016,and shall remain in force through December 31,2018. and shall remain in effect during the course of negotiations of a new Contract. IN WITNESS WHEREOF,we hereunto attach our signatures this -.. day August 2016. CITY 0E-J'3RT, NGL aS TEAMSTERS L L#589 f- X G Pat ' Downie, i1.ay Mark Fuller, SecretaryJTreasurer g Dan McKeen,City Manager f Abbi Founain, Human Resource Manager i 30 City of ••rt Angeles--TEAMSTERS Local#589 SwornOfficers Salary&Classification Schedule effective January 1 2016--1.0%COLA plus 1%Market Adjustment Salary Range Step Hourly Rate Bi-weekly • Annual; based on Salary Salary 2,080 work Amount hours 1 $30.102 $2,408.16 $62,612.16 2 $31.456 $2,516.48 $65,428.48 Police Officer 3 $32.884 $2,630.72 $68,398.72 4 $34.366 $2,749.28 $71,481.28 5 $35.847 $2,867.76 $74,561.76 1 $39.970 $3,197.60 $83,137.60 Police Sergeant 2 $41.324 $3,305.92 $85,953.92 1 $33.268 $2,661.44 • $69,197.44 2 $34.643 $2,771.44 $72,057.44 Police Corporal 3 $36.099 $2,887.92 $75,085.92 4 $36.902 $2,952.16 $76,756.16 5 $38.383 $3,070.64 $79,836.64 1 $28.597 $2,287.75 :• $59,481.55 Training *Effective 7/1/2016 a Market Adjustment of 0.5% WASHINGTON TEAMSTERS WELFARE TRUST SUBSCRIPTION AGREEMENT COLLECTIVE BARGAINING AGREEMENT PROVIDING FOR PARTICIPATION IN TR UST The Employer and Labor Organization below are parties to a Collective Bargaining Agreement providing for participation in the above Trust. An enforceable Collective Bargaining Agreement must exist as a condition precedent to participation in the Trust. City of Port Angeles Sworn Officers Unit Teamsters Local 589 Employer Name Labor Organization(Union)Name 321 East Fifth Street PO Box 4043 Address Address Port Angeles,WA 98362-0217 Port Angeles WA 98363 City,State,Zip Code City,State,Zip Cade COLLECTIVE BARGAINING AGREEMENT The parties' Collective Bargaining Agreement is in effect from: 1/t/16 to 12/31/18 ❑New Account ®Renewal—Account No. Approximate Number of Covered Employees 33 INFORMATION CONCERNING TYPE OF EMPLOYER'S BUSINESS Employer is:®Public Entity ❑Corporation—State of ❑Partnership ❑Sole Proprietorship If employer is a Partnership or Sole Proprietorship please provide name(s)of the owner or partners below: BENEFIT PLAN(S)DESIGNATED IN COLLECTIVE BARGAINING AGREEMENT The Collective Bargaining Agreement provides that contributions will be made to the Trust on behalf of all employees for whom the Employer is required to contribute under the Trust Operating Guidelines for the purpose of providing such employees and their dependents with the following benefit plan(s): (The undersigned parties acknowledge the receipt of a copy of the Trust Operating Guidelines which by this reference are made a part hereof.) COVERAGE IN BARGAINING AGREEMENT For renewals,list all coverages not just changes. Monthly Rate MEDICAL ®Plan A ❑Plan B ❑Plan C I ❑WT100 $ 1367.40 Life/AD&D ❑Plan A ❑Plan B ❑Plan C Employee $30,000 Life/AD&D $15,000 Life/AD&D $5,000 Life/AD&D $ Dependent $ 3,000 Life $ 1,500 Life $ 500 Life Time Loss ❑Plan A El Plan B ❑Plan C ❑Plan D $ Amount $400/week $300/week $200/ eek $100/week LTD ❑Long Term Disability Income Plan $ Waivers ®Additional 9 months Disability Waiver of Contributions—Medical only $ 11.40 MEDICAL TOTAL $ 1378.80 DENTAL I ®Plan A ❑Plan B ❑Plan C $ 130.50 VISION ®Plan EXT $ 14.00 Will there be any coverage changes before the Collective Bargaining Agreement's expiration? ❑ Yes ® No. If yes,attach a Subscription Agreement for each change. A Subscription Agreement must be submitted in advance of the effective date below. EFFECTIVE DATE OF COVERAGE The contribution rates above are due effective(month/year)January.2016 based on employment in the prior month. Note:Coverage is provided using a lag month, therefore coverage is effective in the month following the month contributions are due. For example, contributions due effective April based on March employment will provide coverage in May. EXPIRATION OF COLLECTIVE BARGAINING AGREEMENT Upon expiration of the above-referenced Collective Bargaining Agreement,the Employer agrees to continue to contribute to the Trust in the same amount and manner as required in the Collective Bargaining Agreement until such time as the Employer and the Labor Organization either enter into a successor Collective Bargaining Agreement, which conforms to the Trust Operating Guidelines, or one party notifies the other in writing (with a copy to the Trust)of its intent to cancel such obligation five(5)days after receiving notice,whichever occurs first. The Trust reserves the right to immediately terminate participation in the Trust upon the failure to execute this or any future Subsc ' Agreement or to comply with the Trust Operating Guidelines as amended by the Trustees from time to time. \ gg ' 1. For Employer LA_..�°' For Union / Title/Assn. \°r (Sp Date�� t t '' Title s-0 Date 91' 7 lle5'