HomeMy WebLinkAbout5.261 Original Contract
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5.c1{tJ; I
AGREEMENT BETWEEN THE
CITY OF PORT ANGELES
AND
TEAMSTERS UNION LOCAL #589
(SWORN OFFICERS UNIT)
JANUARY 1, 1994 - DECEMBER 31, 1994
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TEAMSTERS LOCAL #589
SWORN OFFICERS UNIT
COLLECTIVE BARGAINING AGREEMENT
TABLE OF CONTENTS
ARTICLE I - GENERAL PROVISIONS
PAGE NO.
1
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
Section D - Relatives Working in the Police
Department
Section E - Work Stoppage
1
1
2
2
3
3
4
5
5
5
5
6
7
8
8
8
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ARTICLE IV - COMPENSATION
section A - Wages
section B - Longevity Pay
section C - Overtime compensation
section 0 - Stand-by/Call-Back
section E - Compensatory Time
section F - Educational Incentive Pay
section G - Tuition Reimbursement
section H - Higher Class Pay
Section I - Uniform Maintenance Allowance
section J - Field Training Officer Pay
PAGE NO.
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9
9
10
11
11
12
12
12
13
ARTICLE V - PAID LEAVE TIME
Section A - Vacation
Section B - Sick Leave
Section C - Holidays
14
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18
ARTICLE VI - HEALTH BENEFITS
20
ARTICLE VII - GRIEVANCE PROCEDURE
22
ARTICLE VIII - DURATION OF AGREEMENT
26
TEAMSTERS LOCAL #589
SWORN OFFICERS UNIT
COLLECTIVE BARGAINING AGREEMENT
ARTICLE I - GENERAL PROVISIONS
Section A - Purpose
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 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
resul ts 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 - Recoqnition
The city recognizes the Union as the exclusive bargaining
representative for purposes of establishing wages, hours, and
condi tions 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.
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Section D - Savinqs Clause
The City and the Union agree that should any portion of this
Agreement be contrary to present or future State or Federal laws,
both parties agree to mutually resolve the conflicts. Neither the
City nor the Union shall be penalized or hold the other party
responsible for conflicts which might arise. Any new provisions
shall have no effect on the remaining provisions of this Agreement.
Section E - Non-Discrimination
The City and the Union agree that they will not discriminate
against any employee by reason of race, creed, age, color, sex,
national origin, religion, handicapped status, or marital status,
or membership or non-membership in the Union.
Wherever notations are used in the masculine gender, they are
intended to apply equally to either gender.
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ARTICLE II - RIGHTS OF PARTIES
Section A - Manaqement's Riqhts
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 Procedures Manual.
6. Effect a reduction in authorized positions because of a
lack of work, fiscal limitations, organizational changes, or other
legitimate reason.
7. Determine the number and classifications of personnel.
8. Take any action necessary to carry out its mission in an
emergency.
Section B - Union Security
1. It shall be a condition of emploYment that all employees
covered by this Agreement who are members of the Union in good
standing on the execution date of this Agreement shall remain
members in good standing. It shall also be a condition of
emploYment that all employees covered by this Agreement and hired
on or after its execution date shall by the thirtieth (30th) day
following initial hire, become and remain members in good standing
in the Union, or in lieu thereof, pay each month a service charge
equivalent to initiation fees and Union dues, paid to the Union,
toward the administration of this Agreement.
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If objections to joining the Union are based on bona fide
religious tenets and the employee objects to joining the Union
because of such 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 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 - Pavroll 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 wi thholdings,
noted above, except Union dues, shall be subject to data processing
limitations.
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Section D - Personnel policv 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 changes in related working conditions which shall
be negotiated with the Union.
Section E - Record Keeping
The city shall maintain records of overtime and time off and
such 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 Resources 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
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 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-Manaqement committee
In the interest of developing mutual trust and open
communication between the parties and improve employee/employer
relations, the parties agree to establish a labor-management
committee to met at times as mutually agreed upon.
The members of this Committee for the city shall be the city
Manager, the Human Resources Manager, the Police Chief, and others
as needed.
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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 Emplovee Bill of Riqhts
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 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.
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 such reasonable intermissions as 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 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.
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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 all
regular shifts shall be as follows:
For Patrol, times for all regular shifts are:
Days: 7:00 A.M. to 3:00 P.M.
Swing: 3:00 P.M. to 11:00 P.M.
Graveyard: 11:00 P.M. to 7:00 A.M.
For Detectives, times for all regular shifts are:
Days: 8:00 A.M. to 5:00 P.M.
Overlapping or extra
scheduled 24 hours in advance,
situation exists.
shifts,
unless
when needed,
an emergency
will be
manpower
Seven days' advance notice will be provided prior to
changes to the above shift time schedule, unless an emergency
manpower situation exists.
2 . Work Day: The normal work day shall cons ist 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
below). The starting and ending times of the work day shall be
determined by the City.
3. Rest Periods: The City shall provide two 15-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 in Departmental
operations would be affected.
Rest periods, if not taken as scheduled by the super-
visor, shall not be accrued and taken beyond the current shift.
4. Meal Periods: "On-Call" employees, as determined by the
City, shall have as part of their 8-hour shift, a 30-minute paid
meal period. Employees not designated as "on-call" shall have
either a 30-minute or 60-minute non-paid meal period, as scheduled
by the Department. The supervisor shall determine the time during
the employee's shift when the meal period is granted.
Detectives on stand-by are excluded from application of
this Section.
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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.
The City shall not pay overtime to employees resulting from a
relief sergeant shift.
Section C - Response Time
An employee sUbject to call-back shall reside within a 30-
minute response time from the Pol ice Department Headquarters.
Driving time shall be calculated using the lawful speed limits.
Section D - Relatives Workinq 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 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 Stoppaqes. 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 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 financial losses suffered by the City as a
result of such work actions.
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ARTICLE IV - COMPENSATION
Section A - Waqes - One Year Aqreement for 1994
1. Effective January 1, 1994, wages will be increased by
2.7% for employees covered by the Contract, which is reflected in
the following salary schedule:
A
B
C
D
E
Police Officer
1198.10
2,596
1251.95
2,713
1308.86
2,836
1367.80
2,964
1426.75
3,091
Police Sergeant
1590.85
3,447
1644.72
3,564
Section B - Lonqevitv 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 C - 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 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.
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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 maintained for Reserves includes social and
community events, parades, dances, and other similar affairs, as
well as summer hires for Downtown street patrol, City Pier, and
situations not requiring Police response or expertise.
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 a 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 overtime hours an employee may work
shall be 12 hours in a work day, or 65 hours in a work week, except
in emergency conditions as determined by the Police Chief.
Section D - Stand-Bv/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 $70 per week, or $10 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.
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Section E - 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 his/her Department Head promptly
or substantiates to the satisfaction of his/her Department Head
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.
5. An employee may choose to add comp time to his bank as
long as his bank does not exceed the 88-hour maximum.
section F - 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:
A one-year increment of 1% of the monthly base pay for
completion of 45 semester hours in law enforcement-related
subj ects. To retain this educational incentive pay, the
employee must complete six semester hours annually.
A one-year increment of 2.5% of the monthly base pay 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. A
permanent increment of 4% of the monthly base pay shall be
paid for attainment of a two-year degree in a law enforcement-
related subject. A permanent increment of 6% of the monthly
base pay shall be given for attainment of a four-year degree
in a law enforcement-related subject.
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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. 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 G - 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 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 H - Hiqher 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 I - Uniform Maintenance Allowance
1. Each Police Officer shall receive a full seasonal uniform
and $400 for the first calendar year of emploYment with the City
and a uniform maintenance allowance of $275 per calendar year
thereafter. This includes officers assigned to the Detective
Division who wear civilian clothes. Effective in the second year
of this Agreement (1992), the uniform maintenance allowance will be
increased from $275 per year to $300 per year for Police Officers
and Police Sergeants, and employees assigned as Detectives shall
receive $325 per year. The uniform maintenance allowance for 1993
shall be $325 for Police Officers and Police Sergeants, and $350
for Detectives.
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2. The required uniform is provided for 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.
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
uniform 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, 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 J - Field Traininq Officer Pay
The City agrees to pay a Police Officer assigned and
functioning as a Field Training Officer $8 per day.
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ARTICLE V - PAID 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). There-
after, vacation credit earned may be taken upon proper authoriza-
tion, 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 probation-
ary period. Probationary employees hired prior to signing this
Agreement are exempt from this payoff limitation.
If an employee has prior approval for vacation and is called
back to work once his vacation has started, the employee will be
compensated at the overtime rate of pay for the time which
interfered with scheduled vacation.
Section B - sick Leave
1. The use of sick leave benefits is considered a privilege
and not a right, and may only be used in the event of actual
illness or disability to the employee or family members as provided
for in this Contract.
In the event of a serious illness to an employee who has
exhausted his/her sick leave accrual, the city Manager, at his
discretion, may advance sick leave credits upon expiration of
accrued sick leave credits.
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2. sick Leave Accrual. Sick leave shall accrue at the rate
of 8 hours per month for all employees covered by this Agreement,
except LEOFF I covered employees, who shall accrue at the rate of
4 hours per month. 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.
following:
sick leave may be used for the
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
requlrlng 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 one 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.
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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.
A request for paternity leave must be submitted in
writing at least 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 of the employee after completion of ten (10)
or more consecutive years of service. PaYment of such sick leave
shall be calculated at the employee's base rate of pay.
5. Familv Leave
Pursuant to Chapter 296-134 WAC, Family Leave, an employee is
entitled to a leave of absence from his/her job to care for a new-
born child, newly adopted child, or a child under 18 years of age
with a terminal health condition.
Family Leave to care for a newborn or recently adopted child
must be completed within twelve (12) months after the birth or
placement for adoption.
Care for a child under 18 years of age who is terminally ill
shall be allowed only once per child.
Eligible employees for purposes of this section means a
regular full-time or regular part-time employee who works an
average of 35 hours a week, or more, and has been continuously
employed for at least 52 weeks prior to requesting such leave.
Regular employees working less than 35 hours per week, temporary
employees, part-time employees, or employees having any other
emploYment status shall not be eligible for family leave.
The duration of family leave shall not exceed twelve (12) work
weeks during any twenty-four (24) month period. Request for family
leave shall be made to the Department Head on the city of Port
Angeles Leave of Absence Request form and shall be submitted at
least thirty (30) days prior to the effective date of the requested
family leave. An employee planning to take family leave shall
provide his/her 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:
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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 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 attempt to give at least fourteen (14) days'
notice if leave to be taken pursuant to this section is
foreseeable. Failure to give the required notice may result in the
requested leave being reduced. Generally these will be limited to
management positions and such a decision will be based on jOb-
related needs.
The twelve (12) weeks may include accrued paid vacation or
sick leave if used for legitimate reasons as defined by the City's
sick Leave Policy or the appropriate labor contract. If vacation
or sick leave is not utilized, the family leave shall be leave
without pay. Family leave requests shall be made at the same time
as all other requests for paid or unpaid leave related to the
reason for a leave of absence.
All requests for a leave of absence shall be coordinated with
the Department Head for each specific incident and the request for
leave shall specify the entire period of leave requested, including
vacation, compo time, sick leave, family leave, maternity leave, or
any other leave of absence.
The City may request medical confirmation or verification of
proof for family leave. If this is required, the Department Head
shall provide written notice to the employee within five (5)
working days of receipt of the employee's request for family leave.
Requested information shall be provided to the Department Head
within ten (10) working days thereafter unless the delay is the
result of the employee's physician.
Failure of the employee to provide the medical information, or
other information as needed for verification, may result in denial
of the employee's request for family leave.
When both parents of a child are employed by the City, the
leave available remains twelve (12) weeks for both parents combined
and shall be coordinated with the affected Department Heads. Only
one employee may take family leave at a time.
Upon returning from family leave, the employee shall be placed
in the same position, with the same pay and shift, which the
employee held when the leave commenced. If the employee's position
no longer exists, or circumstances have changed where the
employee's position no longer exists, then the employee shall be
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placed in a vacant position with equivalent pay and benefits, if
such a position is available and the employee meets the minimum
qualifications.
Reinstatement to a position need not occur if (a) the
employee's job was eliminated because of a lay-off or re-
organization resulting from a lack of work or lack of funds; (b)
the employee on family leave takes another job with another
employer; or (c) the employee fails to return from family leave
upon expiration of the leave period, as stated in the leave of
absence request initially submitted to the Department Head.
If the employee requesting family leave is covered under the
City's health coverage, the employee is responsible for paYment of
premiums, as determined by the Human Resources Manager, while on
unpaid family leave.
Section C - Holidays
The following are the holidays provided for under this
Agreement:
New Year's Day, Jan. 1st
Lincoln's Birthday, Feb. 12th
Washington's Birthday, 3rd Mon.
in Feb.
Memorial Day, last Mon. in
May
Independence Day, July 4th
Labor Day, 1st Mon. in Sept.
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. )
Veteran's Day, Nov. 11th
Thanksgiving Day, 3rd
Thurs. in Nov.
Day after Thanksgiving
Christmas, Dec. 25th
One Floating Holiday
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
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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.
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ARTICLE VI - HEALTH BENEFITS
During the term of this Agreement, the City agrees to provide
employees and eligible dependents medical, prescription, and vision
benefit coverage equal to the current level of benefits through the
City's Self-Insurance Program. The City agrees not to modify the
level of benefits for the duration of the Agreement except by
mutual consent of the parties. The current level of benefits is
equal to or better than the Teamsters benefits in place when the
City converted to a self-insured program.
Dental Coverage: Effective July 1, 1991, dental coverage for
employees covered by this Agreement shall be provided through the
Teamsters Dental Plan R.C.
LEOFF-II. Short Term/Long Term Disabilitv Coveraqe: The city
agrees to provide LEOFF-II employees in the Police Department a
short term/long term disability coverage up to $28 per month for
the Washington State Law Enforcement Association Disability Plan,
as presented during contract negotiations. This Plan was not
available at the signing of the Agreement because a specific number
of enrollees were needed. In the interim period, up to October 1,
1991, the City agrees to provide a long-term disability plan with
a waiting period of ninety (90) days. The terms and conditions of
the LTD are provided in the Standard Insurance Company, Policy No.
609 711. The short-term disability coverage shall be on a
temporary basis only, through an extension of sick leave coverage
for non-job-related disabilities eligible under the LTD plan, with
a waiting period of thirty (30) days. After 60 days of eligible
coverage, the LTD takes over. Eligibility for the short-term
disability coverage shall meet the definitions of disabled under
the Washington State Law Enforcement Association policy.
Once the State Law Enforcement Association Plan reaches a
sufficient number of eligible enrollees, the LEOFF-II employees
with the City shall be transferred over to this Plan and the short-
term and LTD coverage above shall be discontinued.
In the event the Washington State Law Enforcement Association
Disability Plan is not made available because of insufficient
enrollment, the City will continue the LTD plan above for LEOFF-II
employees, paid for by the City for the duration of the Agreement.
The terms and conditions of such health benefits, eligibility
requirements, plan benefits and limitations, are provided in the
Plan summary provided to each employee.
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The Union recognizes the need to contain the overall costs of
the Health Plan and agrees to promote the prudent use of such
benefits among its membership.
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ARTICLE VII - GRIEVANCE PROCEDURE
section A - Obiectives
To informally settle disagreements at the employee/supervisor
level; to provide an orderly procedure to handle the grievance
through each level of supervision; to correct, if possible, the
cause of the grievance to prevent future complaints; to promote
harmonious relations among employees, their supervisors, and
Departmental administrators; to assure fair and equitable treatment
of employees; to resolve grievances at the Departmental level
before appeal to higher levels.
Section B - Definitions
The following terms, as used in this Article, shall have the
following meaning:
Grievance: A complaint by an employee or a Union representative
concerning the interpretation or application of this Agreement. A
grievance may be filed when the employee believes an injustice has
been done because of unfair application of a policy or an alleged
violation of any term or condition of this Agreement.
Workinq Dav: Exclusive of Saturday, Sunday, and legal holidays.
Emplovee: 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 Manaqer:
reports.
The person to whom an immediate supervisor
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.
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3. Work performance evaluations.
4. Impasse in collective bargaining.
5. Grievances filed after twenty (20) working days from date
of occurrence, or after twenty (20) working days from the date the
employee had knowledge of an occurrence.
section D - Time Limits
Time limits are established to settle grievances quickly.
Time limits may be extended by agreement of the parties. If the
grievant is not satisfied with the decision rendered, it shall be
the 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
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the time limitations and procedures set forth in the grievance
procedure.
section F - Informal Grievance Disposition
within twenty (20) working days from the occurrence of the
incident on which a complaint is based, or within twenty (20)
working days from the employee's knowledge of the occurrence, the
employee will promptly and verbally meet to 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 imme-
diate 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 support-
ing 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 rela-
tive to the grievance shall be included with the appeal. The
Department Head shall hold a formal meeting with the employee and
his representative, if requested, within ten (10) 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 of the formal meeting.
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step 3
If the employee is not satisfied with the decision of the
Department Head, he may appeal the decision to the City Manager
within five (5) 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
grievant's reason for appeal and stated remedy requested.
The City Manager or his designee will review the original
grievance, all supporting documents, the Department Head's
response, and the remedy requested, and issue a written decision
within ten (10) days of receipt of the grievance.
step 4 - Bindinq Arbitration
If the grievant is not satisfied with the decision of the city
Manager, within five (5) days after receipt of the decision, the
grievant may submit the grievance to binding arbitration. For
purposes of arbitration, the parties agree to use the Federal
Mediation & Conciliation Service and request a list of seven names.
The selection of the arbitrator shall be by each side striking a
name from the list, with the first party to strike a name
determined by a coin toss, until only one name remains. In the
event the initial list is not satisfactory to either party, a
second list of names may be requested.
The cost of the arbitrator shall be divided equally between
the City and the Union. Cost for witnesses, court reporter, or
other individual expenses shall be borne by the requesting party.
The Arbitrator shall not have the power to alter, amend, or
change any contractual language of the Labor Agreement.
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ARTICLE VIII - DURATION OF AGREEMENT
This Agreement shall be effective January 1, 1994, and shall
remain in force through December 31, 1994, 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.
Mayor -' .s(~\.)~
~rm::;d
. ty M nager
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TEAMSTERS LOCAL #589
f:f:1ks~~
Teamsters Sec./Treas.
Th~~~~~
Business Representative
~ ~CZ~
Steve Ilk
Police Chief
Erick Zappey
Shop Steward
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Robert Coons
Human Resources Manager
Police.94
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