Loading...
HomeMy WebLinkAbout5.261 Original Contract (2) . b.c:<,{P1 ... AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND TEAMSTERS UNION LOCAL #589, (SWORN OFFICERS UNIT) ~ JANU~RY 1,1995 - DECEMBER 31,1997 '\. .' TEAMSTERS LOCAL #589 SWORN OFFICERS UNIT COLLECTIVE BARGAINING AGREEMENT TABLE OF CONTENTS ARTICLE I - GENERAL PROVISIONS Section A - Purpose Section B - Agreement Section C - Recognition Section D - Savings Clause Section E - Non-Discrimination ARTICLE II - RIGHTS OF PARTIES Section A - Management's Rights Section B - Union Security Section C - Payroll Deductions Section D - Personnel Policy and Procedures Section E - Record Keeping Section F - Personnel Records Section G - Labor-Management Committee Section H - Police Department Employee Bill of Rights ARTICLE III - WORKING CONDITIONS Section A - Hours of Work Section B - Shift Rotation Section C - Response Time PAGE NO. 1 1 1 1 2 3 3 4 4 5 5 5 5 7 8 8 ~ , Section D - Relatives Working in the Police Department Section E - Work Stoppage ARTICLE IV - COMPENSATION 8 8 Section A - Wages Section B - Deferred Compensation Section C - Longevity Pay Section D - Overtime Compensation Section E - Stand-by/Call-Back Section F - Compensatory Time Section G - Educational Incentive Pay Section H - Tuition Reimbursement Section I - Higher Class Pay Section J - Uniform Maintenance Allowance Section K - Field Training Officer Pay ARTICLE V - P AID LEAVE TIME 10 10 10 11 12 12 13 14 14 14 15 Section A - Vacation Section B - Sick Leave Section C - Holidays ARTICLE VI - HEALTH BENEFITS ARTICLE VII - GRIEVANCE PROCEDURE 16 16 21 23 Section A - Objectives Section B - Definitions Section C- Exclusions 24 24 24 " .. ARTICLE VII - GRIEVANCE PROCEDURE (cont) Section D - Time Limits Section E - The Parties' Rights and Restrictions Section F - Informal Grievance Disposition Section G - Formal Grievance Procedure 25 25 26 26 28 ARTICLE VIII - DURATION OF AGREEMENT " .......... .. ARTICLE I - GENERAL PROVISIONS Section A - Pm:pose This Contract, entered into by the City of Port Angeles, hereinafter referred to as the City, and the 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 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 ofthe 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 Sergeant. The union agrees to provide, in writing, the name of the shop steward(s) and such notice and any changes thereto 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 membership or non-membership in the Union. Wherever notations are used in the masculine gender, they are intended to apply equally to either gender. -2- I- .. 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 and rules, and Department Policy and Procedural 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 are members of the Union in good standing on the execution date of the agreement shall remain members in good standing. It shall also be a condition of employment that all employees covered by the 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 such beliefs, the employee shall pay an amount of -3- 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 proofto the Union that such payment has been made. If the employee and the Union do not reach agreement on the charitable organization, the Public Employment Relations Commission shall designate the charitable organization. 2. The Union agrees that membership in the Union will not be denied or terminated for any reason other than the failure of the employee covered by this Agreement to tender the initiation fee, Union dues or service charge. The parties agree that if an employee fails to fulfill the obligation in (1) above, the Union shall provide the employee and the City with thirty (30) days' notification of the employee's failure to comply with this Section and during this period, the employee shall make restitution in the amount which is due or the City shall terminate employment. 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 such 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. 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 and Procedures and Salary Ordinance. Personnel benefits in the Personnel Resolution shall not be changed during the life of this Agreement, except in changes in related working conditions which shall be negotiated with the Union. -4- Section E - Record Keeping The City shall maintain records of overtime and time off and the data in the records system will be made available to employees. 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 Resource Office. Departments may keep and maintain employee personnel files but such information in the Department files shall not be used relative to taking personnel actions, unless such information is also contained or referenced in the official personnel file. Any employee may review his/her personnel file in the Human Resource 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 such information is the result of disciplinary action or an unsatisfactory performance evaluation, the employee may submit a rebuttal which shall be made part of the employee's personnel file. Such a response by the employee shall be within thirty (30) working days of receipt of the disciplinary action or performance evaluation and be of reasonable length. 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 Local and two employees from the bargaining unit, and others that may need to attend who are affected by an issue under discussion. Attendance by other on-duty employees is permitted as long as staffing needs are adequately met and with approval of the Department Head. 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. -5- 1. Prior to an employee being questioned relative to a possible disciplinary matter, the employee will be apprised 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, such 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/her 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 such reasonable intermissions as s/he 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/her 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. -6- ARTICLE III - WORKING CONDITIONS Section A - Hours of Work 1. Work Week: The normal hours on duty for shift personnel shall be established by the City so that the average hours worked in any week shall be composed of five consecutive eight (8) hour shifts and two (2) consecutive shifts off duty. The City may require overlapping shifts if needed. Starting time for regular shifts shall be as follows: Regular Patrol shifts are: Days: 7:00 AM. to 3:00 P.M. Swing: 3:00 P.M. to 11 :00 P.M. Graveyard: 11:00 P.M. to 7:00 AM. Regular Detective shifts are: Days: 8:00 AM. to 5:00 P.M. a Seven days' advance notice will be provided prior to changes to the above shift time schedule, unless an emergency manpower situation exists. 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 workweek worked which falls during the previously scheduled two days off. b. Nonstandard shifts 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: 1. to provide staffing for a special services section that may include, but is not limited to, Bicycle Patrol, Crime Prevention duties, Pro Act duties, DUI emphasis patrols, focused crime prevention patrols, criminal investigations, or community policing functions as adopted by the department. 2. Work Day: The normal work day shall consist of eight (8) consecutive working hours in a 24-hour period (separated at the approximate mid-point by a meal period, if appropriate, as defined herein). The starting and ending times of the work day shall be determined by the City. 3. Rest Periods: The City shall provide two IS-minute rest periods; one in the first half and one in the second half of the work shift. Such rest periods may not be permitted if Departmental operations would be affected. -7- Rest periods, if not taken as scheduled by the supervisor, shall not be accrued and taken beyond the current shift. 4. Meal Periods: Meal periods shall be scheduled by the City and 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. Detectives on stand-by are excluded from application ofthis Section. 5. Personal requests for a change or trade of 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 shift for personal reasons nor shall the City be obligated to pay for time not worked in a normal work week as a result of such change or trade of shifts. Section B - Shift Rotation The City may, at its discretion, change an employee's work shift. In the event of shift rotations, the City shall provide a minimum of seven (7) calendar days' advance notice to the employees affected, as determined by the Police Chief. 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 ofthe Police Chief, the City will make a reasonable effort to change 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 personnel problems in managing the Police Department. Prior to terminating an employee because of this policy, the City shall make reasonable effort to transfer the individual to another position. The Union reserves the right to be consulted prior to any decision on this matter. Section E - Work Stoppages. Strikes. or other Concerted Work Actions The City and the Union agree that the public interest requires efficient and uninterrupted municipal services, and to this end, pledge their support to avoid or eliminate any conduct -8- 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 that employees who engage in any such 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 tinanciallosses suffered by the City as a result of such work actions. -9- ARTICLE IV - COMPENSATION Section A - Wages - Three-Year Agreement 1. Effective January 1, 1995, wages will be increased by 3.42% (equal to a 90% CPI formula) for employees covered by the Contract, which is reflected in the following biweekly salary schedule: A B C D E Police Officer Police Sergeant 1239.07 1645.26 1294.77 1353.62 1700.97 1414.58 1475.54 2. Effective January 1, 1996, and January 1, 1997 employees covered by this Agreement will receive a cost of living increase equal to 90~ of the Seattle Consumer Price Index (CPI) second half series "W" index (published in February of each year), with a minimum of 2% and maximum of 4%. Section B - Deferred Compensation The City shall make a biweekly contribution to the deferred compensation account of each bargaining unit employee, based upon the employee's base wage. City contributions shall be required only for wages earned beginning with the first payroll period following ratification of this agreement. The cumulative City contribution for each employee shall be as follows: Effective the first payroll period following ratification: 1.1 % Effective January 1, 1996: 2.1% Effective January 1, 1997: 3.1% Section C - Longevity Pay The City agrees to pay longevity premiums as follows, computed upon the monthly base wages: Completion offive (5) years City service, 2%; Completion often (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. -10- Section D - Overtime Compensation 1. Overtime hours are those compensable hours which the employee is assigned to work in excess of forty (40) hours in the work week or eight (8) hours in the work day. 2. Overtime hours worked shall be paid at the rate oftime 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. Regular police work shall be offered to Police Officers prior to using Police Reserves. Work that may be performed by Reserves includes social and community events, parades, dances, and other similar affairs, as well as Downtown street patrol, City Pier, Waterfront Trail Patrol and situations not requiring the expertise offully commissioned State Certified Police Officers. 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. Such programs or functions shall not supplant current full-time department personnel. 5. If such time or service is on any day which is observed as a contractual holiday, except that whenever the major portion of a shift falls on such day, work performed during the entire eight (8) hour shift shall constitute overtime worked. 6. If an employee is required to report to the employee's regularly scheduled shift with less than twelve (12) hours of rest, the employee shall earn pay at the overtime rate until such a rest period is granted. This sub-section shall not apply to the relief sergeant shift or whenever an employee is deprived of the twelve (12) hours rest period as a result of a change of work hours at his/her own request. 7. 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. -11- 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 wear a paging device or carry a portable radio (as determined by the City) to be reached when needed, and/or remain within the range of the pager/radio or telephone. 2. Stand-by Compensation: An employee on stand-by assignment shall receive $84 per week, or $12 per day. 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 two (2) hours at the overtime rate of pay. Hours worked beyond the two (2) hour minimum shall continue to be paid at the overtime rate until relieved of duty. Court time, on other than the employee's regular work schedule, shall be compensated as \ call-back. Section F - Compensatory Time 1. No employee will be allowed to accumulate more than 88 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 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. -12- 5. An employee may choose to add comp time to his/her bank as long as his/her bank does not exceed the 88-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: Patrol Officers Fourteen dollars ($14) per pay period for completion of 45 semester hours in law enforcement- related subjects. To retain this educational incentive pay, the employee must complete six semester hours annually. Thirty-five dollars ($35) per pay period for completion of 90 semester hours in law enforcement-related subjects. To retain this educational incentive pay, the employee must complete two semester hours annually. Fifty-six dollars ($56) per pay period for attainment of a two-year degree in a law enforcement- related subject. Eighty-five dollars ($85) per pay period for attainment of a four-year degree in a law enforcement-related subject. Sergeants Sixteen dollars ($16) per pay period for completion of 45 semester hours in law enforcement- related subjects. To retain this educational incentive pay, the employee must complete six semester hours annually. Forty-five dollars ($45) per pay period for completion of 90 semester hours in law enforcement-related subjects. To retain this educational incentive pay, the employee must complete two semester hours annually. Sixty-five dollars ($65) per pay period for attainment of a two-year degree in a law enforcement-related subject. One hundred dollars ($100) per pay period for attainment of a four-year degree in a law enforcement-related subject. 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 such credits transferred to Peninsula College for qualification for the educational incentive pay. -13- ~ This shall not apply to employees who have completed a two or four-year degree program in law enforcement at another accredited college. All employees with less than two years' City service as a police officer shall not be eligible for educational incentive pay. The City Manager may waive these exclusions at his discretion. Section H - Tuition Reimbursement Costs for tuition and books of qualified educational courses shall be 25 percent paid by the officer and 75 percent paid by the City, except where funding is provided by another agency, in which case the City shall provide 75 percent of the unfunded portion. In itemizing costs, an employee shall not include his/her time as a reimbursable expense. Nothing in this Section will interfere with the Chief of Police to require an employee's attendance in training seminars or other law enforcement-oriented training. 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 30 minutes. Section J - Uniform Maintenance Allowance 1. Uniforms will be purchased and provided to officers 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 and Sergeants assigned to the Detective Division shall receive $450 annually, effective January 1, 1995. 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. 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 determine if the article purchased is an approved part of the uniform, is of acceptable quality, and is in conformance with Department standards. -14- " 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 hislher uniform and have all items available for inspection upon reasonable notice. 6. All articles purchased by the City will be the property ofthe City and will be returned prior to leaving City service (i.e., retirement, termination, 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 determined by the Police Department. Section K - Field Training Officer Pay The City agrees to pay a Police Officer assigned and functioning as a Field Training Officer an additional $12 per day. -15- v Article V - P AID LEAVE TIME Section A - Vacation Vacation leave shall accrue to each employee covered by this Agreement, as follows: Annual Hrs. Days Per Max. Accrual Accrual Year Hours 1 - 5 continuous years of City service 80 10 288 6 - 10 continuous years of City service 120 15 368 11 - 15 continuous years of City service 160 20 448 16 - 20 continuous years of City service 200 25 528 21 & over continuous years of City service 240 30 608 Vacation may be taken only upon completion of one full year's service (except for holidays- see Section C - Holidays). Thereafter, vacation credit earned may be taken upon proper authorization, per Department procedures. Application for such leave shall be made in advance and is subject to Departmental approval. The maximum accrual of vacation leave is noted in the preceding chart. Employees shall be paid for unused vacation leave at their final base hourly rate (i.e., straight time) upon leaving City service, except for terminations during the employee's new hired probationary period. If an employee has prior approval for vacation and is called back to work once hislher vacation has started, the employee will be compensated at the overtime rate of pay for the time which interfered with scheduled vacation. Section B - Sick Leave 1. The use of sick leave benefits is considered a privilege and not a right, and may only be used in the event of actual illness or disability to the employee or family members as provided for in this Contract. In the event of a serious illness to an employee who has exhausted hislher sick leave accrual, the City Manager, at hislher discretion, may advance sick leave credits upon expiration of accrued sick leave credits. -16- ~. 2. Sick Leave Accrual. Sick leave shall accrue at the rate of3.69 hours per pay period for all employees covered by this Agreement, except LEOFF I covered employees, who shall accrue at the rate of 1.85 hours per pay period. The maximum accrual of sick leave credits shall be limited to 150 days (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. Such sick leave is limited to three day~ 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. Maternity Leave: Illness/disability resulting from pregnancy, miscarriage, or childbirth shall be charged 'to sick leave and then, if necessary, to vacation accrual. Upon expiration of paid leave (sick leave, vacation, holiday time, etc.), an employee may request a maternity leave of absence without pay. Maternity leave of absence shall not exceed six (6) months, including all paid or unpaid leave, except if determined medically necessary and certified by a physician. e. Paternity Leave: The Department Head may approve a leave of absence of up to 30 days for an employee to assist the mother of his newborn child or caring for their child (natural or adopted). Such time off shall be taken first from accrued vacation and then leave without pay. -17- ~ A request for paternity leave must be submitted in writing at ~east sixty (60) days in advance of the requested leave start date. The leave of absence, if approved, may not begin more than thirty (30) days before the anticipated delivery date or date of adoption, nor extend beyond thirty (30) days after the delivery date or date of adoption. f. Payment of Unused Sick Leave: The City shall pay 20% of accumulated sick leave upon retirement (normal or disability) or death ofthe employee after completion often (10) or more consecutive years of service. Payment of such sick leave shall be calculated at the employee's base rate of pay. 5. Family Leave a. An eligible employee may take up to twelve (12) work weeks of family leave during any consecutive twelve (12) month period for: 1. The birth of a child and to care for a newborn child; or 2. Placement with the employee of a child for adoption or foster care; or 3. Care for a spouse, child under the age of 18 years, or parent, but not including parent- in-law, who has a serious health condition caused by injury, disease, illness, or impairment that involves in-patient care at a medical facility or continuing treatment by a health care provider; or 4. To care for self, if the employee has a serious health condition that makes the employee unable to perform the essential functions of the employee's job. b. Family leave shall include unpaid leave, paid leave, compensatory time and paid legal holidays, if any. Leave for childbirth, adoption or placement for foster care shall be completed within twelve (12) months after the birth or placement for adoption, as applicable. Family leave shall be charged to accrued sick leave, accrued compensatory time, and floating holidays. Unpaid leave as family leave shall be authorized only after the exhaustion of all forms of available paid leaves above. Vacation may also be used for family leave. c. Eligibility: To be eligible for family leave, an employee must have been employed by the City for at least 12 consecutive months prior to the date family leave is to begin and have been compensated for at least 1,250 hours during the same 12-month period. Family leave is available to all regular full-time and regular part-time employees. -18- d. Maintenance of Benefits: During periods of family leave, the City will maintain employee and dependent coverage under the health plan under which the employee was enrolled at the time leave commenced and shall make premium payments at the same level as was made prior to leave commencement. Should the employee fail to return to work at the conclusion of authorized family leave, the City shall recover any premiums paid for maintaining health coverage under this section, unless the reason is the continuation, onset, or recurrence of a serious health condition. e. Spouses employed by the City are entitled to a combined total of 12 work weeks of family leave for the birth or placement of a child for adoption or foster care, or to care for a child or parent, but excluding a parent-in-law, who has a serious health condition. f. Medical Certification Required: Each employee requesting family leave shall make application on an approved City application form and provide a certification from the attending physician. Submission of the medical certification should be made at the time of application but shall be submitted not later than 15 calendar days after application is made. Failure to provide the medical certification within the required 15 days after application, and the leave was foreseeable, shall be cause to deny family leave until such time as an acceptable medical certificate is provided to the City. If the validity of the claim is disputed or unclear, the City may require the employee to obtain a second opinion by a provider of the City's choice and at the City's expense. In the event of a dispute between the two providers, the City may require an opinion of a third provider jointly selected by the employer and the employee, the cost of which shall be borne by the City. The opinion of the third party shall be binding. g. Approval of Family Leave: All requests for family leave require the approval of the employee's Department Head and the Human Resources Manager. h. Serious Health Condition: A "serious health condition" IS an illness, Injury, impairment, or physical and medical condition requiring: 1. In-patient care in a hospital, hospice, or residential medical care facility; or 2. Continuing treatment by a health care provider. 1. Continuing Treatment: Continuing treatment by a health care provider means one or more of the following: 1. The employee or family member is treated two or more times for the injury or illness by a health care provider; or 2. The employee or family member is treated two or more times by a provider of health -19- . care services (e.g., physical therapist) under the orders of, or on referral by, a health care provider, or is treated for the injury or illness by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a health care provider (e.g., course of medication or therapy) to resolve the health condition. 3. The employee or family member is under the continuing supervision of, but not necessarily being actively treated by, a health care provider due to a serious long- term or chronic condition or disability which cannot be cured (e.g., Alzheimer's disease, severe stroke, or persons in the terminal stages of a disease who may not be receiving active medical treatment). J. An employee planning to take family leave shall complete the request for a leave of absence and provide their Department Head and immediate supervisor with written notice thirty (30) days in advance of the anticipated date of delivery or placement for adoption, stating the dates the employee intends to take family leave, unless exempted as follows: 1. The birth is premature; 2. The mother is incapacitated due to birth so that she is unable to care for the child; 3. The employee takes custody of the newly adopted child or child placed for foster care at an unanticipated time and is unable to give thirty (30) days advance notice; 4. The Department Head, employee's supervisor and employee agree to notice of less than thirty (30) days. An employee should give at least 14 calendar days notice if leave taken pursuant to Section l-c is foreseeable and make a reasonable effort to schedule treatment so as not to unduly disrupt departmental operations. Failure to give the required notice may result in the requested leave being reduced by up to three (3) weeks. k. Subject to Section 1, below, an employee who exercises any right provided under this section shall be entitled, upon return from leave or during any reduced leave schedule: 1. To the same or equivalent position in salary as was held by the employee when the leave commenced; or 2. If the department's circumstances have so changed that the employee cannot be reinstated to the same position, or a position of equivalent pay and benefits, the employee shall be reinstated in any other position which is vacant and for which the employee is qualified. -20- 3. The entitlements under Section k above are subject to bona fide changes m compensation or work duties, and do not apply if: 1. The employee's position is eliminated by a bona fide restructuring, or reduction- in-force; or 2. An employee on family leave takes another job; or 3. The employee fails to provide timely notice of family leave as required under Section 10, or fails to return on the established ending date of leave. m. The City may elect to designate up to ten percent (10%) of its "highly compensated" salaried personnel to be exempt from reinstatement from the FMLA, and the employer shall notify the affected employee of this action at the time the employee makes a request for the leave of absence. n. Family leave for birth or adoption or placement for foster care may only be used in full work week units and may not be used on an hourly basis or on a single day usage basis unless intermittent leave is requested by the employee and approved by both the Department Head and Human Resources Manager. Only the actual number of hours taken will be subtracted from the employee's annual family leave entitlement. Legal holidays occurring during a week of family leave will not extend the total number of weeks of family leave available. o. Family leave for serious health conditions may be used either as full work week units or on an intermittent or reduced leave schedule if medically necessary. Legal holidays occurring during a week of family leave will not extend the total number of weeks of family leave available. Only the actual number of hours taken will be subtracted from the employee's annual family leave entitlement. Section C - Holidays The following are the holidays provided for under this Agreement: New Year's Day, January 1st Lincoln's Birthday, February 12th Washington's Birthday, 3rd Monday in February Memorial Day, last Monday in May Independence Day, July 4th Labor Day, 1 st Monday in September Veteran's Day, November 11th Thanksgiving Day, 3rd Thursday m November Day after Thanksgiving Christmas, December 25th One Floating Holiday -21- " 1. Employees covered by this Agreement shall in January of each calendar year, receive 88 hours of holiday time (10 named holidays plus one floating holiday = 88 hours) credited to his/her vacation bank. (See Vacation Section for administration of these hours.) 2. An employee has the option of selling back for cash a maximum of forty (40) hours of vacation accrual at any time during the year, in increments of eight (8) hours. Such cash- out of holidays shall be at the employee's regular hourly rate of pay. 3. If an employee works on a holiday named above, the employee shall receive pay at the rate of time and one-half for all hours worked on the holiday. 4. 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. 5. For those employees working Monday through Friday, when one of the above holidays falls on Saturday, the preceding Friday shall be observed. When such holiday falls on a Sunday, the following Monday shall be observed. -22- ~ ARTICLE VI - HEALTH BENEFITS Medical Coverage: Effective January 1, 1995, based on December 1994 hours, the City shall pay into the Washington Teamsters Welfare Trust the sum of$366.50 per month, Plan lC. #28XL for each LEOFF II employee and $474.85 for active LEOFF I employees, who were compensated for eighty (80) hours or more in the preceding month. Said payment to be made on or before the tenth (10th) day of each month. Effective on July 1, 1995, the City agrees to provide medical coverage through the Association of Washington Cities, Plan A and pay the full premium for employees and their eligible dependents. This plan includes prescription drug benefits. Dental Coverage Effective January 1, 1995, based on December 1994 hours, the City shall pay in the Washington Teamsters Dental Trust the sum of $70.00 per month, Plan R.C. for each employee who was compensated for eighty (80) hours or more in each preceding month. Said payment to be made on or before the tenth (10th) day of each month. Vision Coverage Effective January 1, 1995, based on December 1994 hours, the City shall pay in the Teamsters Vision Care Trust, the sum of $11.35 per month for each employee who was compensated for eighty (80) hours or more during the preceding month. Said payment to be made on or before the tenth (10th) day of each month. Long- Term Disability coverage is provided for and paid by the City for LEOFF II Police Officers. The L TD 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. Life Insurance: The City shall maintain a $5,000 term life insurance policy for employees and a $1,000 term policy for the spouse. The City will provide benefit booklets for the medical, L TD and life insurance benefits above. The Teamsters will provide benefit booklets for the vision and dental coverage. The premiums, and any increases for the benefits above, will be paid for by the City for the term of the agreement. -23- " 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. Employee: Any employee of the classified service of the City of Port Angeles Police Department covered by this Agreement. Immediate Supervisor: The person who assigns, reviews, or directs the work of an employee. Division Manager: The person to whom an immediate supervisor reports. 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 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 demotions, dismissals, incremental denials, suspensions, promotions, separations, and examination procedures. (These matters are within the Civil Service Commission's authority.) Dismissals pursuant to Article III, Section D, are subject to this grievance procedure, if the Civil Service Commission denies hearing the employee's appeal. -24- " 3. Work performance evaluations. 4. Impasses 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 grievant's responsibility to initiate the action which submits the grievance to the next level of review within the time limits specified. Failure of the employee to submit the grievance within the time limits imposed shall terminate the grievance process, and the matter shall be ! considered resolved. Failure of the City to respond within the time limits specified will allow the grievant to submit the grievance to the next higher step of the grievance procedure. Section E - The Parties' 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. 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. Such 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. -25- . 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 and verbally meet to discuss the complaint with his/her 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. Such initial discussion shall precede the use of the formal grievance procedure. If the supervisor fails to reply to the employee within five (5) days of the meeting, or if the employee is not satisfied with the decision, the employee may utilize the formal grievance procedure. Section G - Formal Grievance Procedure Step 1 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 fifteen (15) 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 five (5) days of the close of the formal meeting. Step 2 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/her representative, if requested, within ten (10) days from the date of the appeal receipt, and attempt to settle the grievance. A decision shall be made, in writing, on the original grievance form, to the employee by the Department Head within ten (10) days from the close ofthe formal meeting. Step 3 If the employee is not satisfied with the decision of the Department Head, s/he may appeal -26- . the decision to the City Manager within five (5) working days from receipt of the Department Head's decision. In hislher appeal to the City Manager, all supporting documents must be attached to the grievance form, together with the grievant's reason for appeal and stated remedy requested. The City Manager or hislher designee will review the original grievance, all supporting documents, the Department Head's response, and the remedy requested, and issue a written decision within ten (10) days of receipt of the grievance. Step 4 - Binding Arbitration If the grievant is not satisfied with the decision ofthe City Manager, within five (5) days after receipt of the decision, the grievant may submit the grievance to binding arbitration. F or 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. -27- ,. ARTICLE VIII - DURATION OF AGREEMENT This Agreement shall be effective January 1, 1995, and shall remain in force through December 31, 1997, and shall remain in effect during the course of negotiations of a new Contract. IN WITNESS WHEREOF, we hereunto attach our signatures this 16th day of May , 1995. CITY OF PORT ANGELES Qs;~~o.~v.; Mayor '"' 0Q~ u':\ TEAMSTERS LOCAL #589 y~~~~. Earl Douglas B sh, Jr. Teamsters Secretary/Treasurer. ~~~ Robert Coons Human Resources Manager ~M~~ Thomas S. Thompson /~:p;n~ Shop Steward ~r ~~~ Stephen A. Ilk Police Chief Erick Zappey Shop Steward -28- . " . AGREEMENT The City of Port Angeles ("City") and Teamsters Union Local 589 ("Union") hereby agree upon the following resolution of all issues in their negotiations for a new collective bargaining agreement: 1. The parties will enter into a one year agreement for 1994 and a three year agreement which will run from January I, 1995 through December 31, 1997. 2. The current longevity program will remain in place. 3. All payments under the educational incentive program will be converted to the flat dollar amounts in existence on December 31, 1993, and will remain at that same rate throughout the term of the two agreements. 4. The City shall make an annual contribution to the deferred compensation account of each bargaining unit employee, based upon each employee's base wage. City contributions shall be required only for wages earned beginning with the first payroll period following ratification of this agreement. The cumulative City contribution for each employee shall be as follows: Effective the first payroll period following ratification: 1.1 % Effective January I, 1996 2.1 % Effective January 1, 1997 3.1 % 5. The parties agreement on wage increases is as follows: 1994 2.7% 1995 90% CPl. W, Seattle, second half (2% min/4% max) 1996 90% CPI-W, Seattle, second half (2% min/4% max) 1997 90% CPI - W, Seattle, second half (2% min/4% max) 6. Bargaining unit employees shall go on the A WC Plan A for medical benefits. Employees shall remain on the same Teamster Dental Plan which they are currently on. 7. Except as otherwise provided herein, all other terms and conditions as outlined in the March 15, 1995 letter from Otto Klein to Michael McCarthy shall apply. 8. All tentative agreements reached previously in bargaining shall apply. BY gf~~ TEAMSTERS ION LOC #589 . ; .. .. MEMORANDUM OF UNDERSTANDING Teamsters Local 589 ("Union") and the City of Port Angeles ("City") have had many discussions over the years about whether members of the sworn officers unit represented by the Union should participate in social security, or whether some other form of deferred compensation plan should be put into effect. In order to fully and finally resolve this issue, the parties enter into the following memorandum of understanding: 1. The City agrees that it will make an annual contribution to the City's deferred compensation program on behalf of each bargaining unit employee. The amount of these contributions is spelled out in the parties' collective bargaining agreement. 2. In 1997, the City's contribution will be 3.1 % of the base wage received by each employee in the bargaining unit. It is agreed by the parties that this amount fully covers any reasonable approximation of the value of social security participation. As such, the Union agrees that it will not, in future negotiations, seek to require that the City increase the level of its contribution to the deferred compensation program. 3. The parties agree not to use deferred compensation in determination of base wages in future negotiations, but deferred compensation may be included in analyses of the benefit package. 4. The parties agree to conduct in 1997 a salary survey for the next contract period. 5. Should any bargaining unit employees enter the social security system, either individually or collectively, the City's obligation to make further contributions on behalf of any such employees under the City's deferred compensation plan shall immediately cease. 6. The parties have entered this agreement with the intent that it will constitute a full and fi.ruli resolution of all issues related to social security and/or deferred compensation. As such, the Union agrees that any effort by it to hereafter seek additional deferred compensation from the City would constitute bad faith bargaining, and a violation of the duty to bargain in good faith. It is the intent of the parties that by agreeing to a percentage based contribution system, they will have achieved total and complete resolution of this issue. 7. The parties have voluntarily entered into this agreement and believe it is lawful and enforceable. BY MAl 4~. TEAMST~ UNION L f\L 589 ~ ,. . , .. ORDINANCE NO. 2867 AN ORDINANCE of the City of Port Angeles establishing a pay plan for the union employees represented by Teamsters Local #589 for the period of January 1, 1995 through December 31, 19~5, and providing for the payment thereof. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: section 1. Effective January 1, 1995, through December 31, 1995, the wages for the classifications noted below are hereby adopted as follows: Bi-Weeklv steps .l ~ .1 ~ .2 Q police Of cr. 1239.07 1294.77 1353.62 1414.58 1475.54 police Sgt. 1645.26 1700.97 Comm. Of cr. 878.94 922.56 996.71 1016.60 1061'.55 1121.16 Comm. Supv. 1126.93 1182.62 1242.51 1305.03 Records Supv. 1126.93 1182.62 1242.51 1305.03 , Records Spec. 830.10 871. 59 915.19 960.91 1008.71 Animal Cont. 895.24 940.41 987.70 1036.03 1088.05 1142.69 Park. Cont. 772.82 815.91 863.71 901. 53 942.02 989.81 section 2. The above wages shall be paid in bi-weekly installments per accounting procedures established by the City of Port Angeles, and shall be paid within five (5) working days after the end of the payroll period, or as soon thereafter, per procedures established by the City of Port Angeles. PASSED by the City Council of the city of Port Angeles at of May said c~~nCil held on~e 16th 19~5. /' ~-- '-_ \ I \............ \ \ '. '\ , I \ J \ '-k"';::F,,:,<<-~ '-- S"-vdI.9--I-~ "" -_uetm t y M A---r-e---R day a regular meeting of ATTEST: ') - I tJ 1: (I ,e I~' I I.rd-r ^ Becky J. ( pt , CitY" Clerk AP(:Z~~~ craig D. Knutson, City Attorney PUBLISHED: Mav 21, 1995 (By Summary)