HomeMy WebLinkAbout000485 Original Contract City of Port Angeles
Record #000485
AGREEMENT BETWEEN
THE
CITY OF PORT ANGELES
AND
INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS
LOCAL #997, AFL -CIO
January 1, 2011 thru December 31, 2014
IBEW LOCAL #997
COLLECTIVE BARGAINING AGREEMENT
TABLE OF CONTENTS
ARTICLE I GENERAL PROVISIONS Page No.
Section A Purpose 1
Section B Recognition 1
Section C Savings Clause 2
Section D Non Discrimination 2
ARTICLE II RIGHTS OF PARTIES
Section A Management's Rights 2
Section B Union Security 2
Section C Seniority 3
Section D Discipline Procedure 4
Section E Labor \Management Committee 4
Section F Vacancies 5
Section G Notice of Changes to Work Rules 5
Section H Personnel Records 5
Section I Apprenticeship Program 6
Section J Overnight Lodging for Travel 6
ARTICLE III WORKING CONDITIONS
Section A Hours of Work 6
Section B Safety 6
Section C Response Time 7
Section D Meal Breaks When on Overtime 7
Section E Work Stoppages 7
Section F Layoff Procedures 7 -9
ARTICLE IV COMPENSATION
Section A Wages 9
Section B Deferred Compensation 10
Section C Overtime 10
Section D Compensatory Time Off 10
Section E High Time Pay 11
Section F Call Back 11
Section G Higher Class Pay 11
Section H Tuition Reimbursement 12
Section I Safety Glasses 12
Section J Boot Allowance 12
ARTICLE V PAID LEAVE TIME
Section A Vacation 13
Section B Holidays 13
Section C Sick Leave 14
Section D Injury Subsidization 15
Section E Industrial Injury 15
ARTICLE VI HEALTH BENEFITS
Section A Health Coverage 15
Section B Life Insurance 16
Section C Long Term Disability Coverage 16
ARTICLE VII GRIEVANCE PROCEDURE 16 -19
ARTICLE VIII DURATION OF AGREEMENT 19
Addendum "A" 2013 -2014 Salary Schedule
ARTICLE I GENERAL PROVISIONS
Section A Purpose
This Agreement, entered into by the City of Port Angeles, Washington, hereinafter referred to as
the City, and the International Brotherhood of Electrical Workers, AFL -CIO, Local #997,
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 Agreement.
Section B Recognition
The City recognizes the Union as the bargaining representative for purposes of establishing wages,
hours, and conditions of employment. The terms and conditions set forth shall apply to regular
full -time and regular part-time employees and approved apprenticeship programs in the following
classifications:
Lineman Line Foreman
Electrical Service Shop Foreman
Meterman Senior Meterman/Journeyman
Equipment Operator Head Groundman
Groundman Senior Electrical Inspector
Electrical Inspector Fleet Maintenance Mechanic
Warehouse /Storekeeper Senior Fleet Maintenance Mechanic
Maintenance Technician Commercial Energy Analyst
Serviceman Service Writer
Traffic Signal Electrician
Regular full -time employees are defined as an employee in a represented classification who is
budgeted to work full time (2,080 hours per year). Regular part-time employees are defined as an
employee in a represented classification who is regularly budgeted as working half time or greater
(1,040 hours per year).
The City may employ temporary help in the represented classifications who may work up to ninety
(90) consecutive days. Such employment beyond this period shall result in the temporary
employee being eligible for Union membership and the payment of appropriate dues, assessments,
and initiation fees, subject to the Union security provisions of this Agreement.
This provision does not apply to work the City elects to subcontract.
In the event the City establishes a new classification assigned to perform operational, technical, or
maintenance work in the Electrical Utility, the City shall notify the Union of the new class and
negotiate to establish wages for the classification.
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Section C Savings Clause
It is the intention of the parties to comply with all applicable laws and believe that all portions of
this Agreement are lawful. All of this Agreement shall be complied with unless provisions are
declared invalid or inoperative by a court of final jurisdiction. In such event, either party may
request re- negotiation of the provision(s) declared invalid. However, any new provisions shall
have no effect on the remaining provisions of this Agreement.
Section D 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.
The City and the Union agree that if discrimination should happen inadvertently that either party
will actively cooperate with the other party to resolve the situation. Wherever notations are used in
the masculine gender, they are intended to apply equally to either gender.
ARTICLE II RIGHTS OF PARTIES
Section A Management's Rights
The City and its management representatives shall retain all customary rights, powers, functions,
and authority normally reserved by management consistent with State law, local ordinances, and
Department rules and regulations. It is understood that the City retains its right to manage and
operate the Department except as may be limited by an express provision of this Agreement.
Management's Rights shall include but not be limited to the following:
1. Determine the mission of the City and respective Departments, Commissions, and Boards.
2. Set standards of service and performance standards, 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. The exclusive right to assign work and establish work schedules.
5. Engage in all types of personnel transactions and disciplinary proceedings in accordance
with established ordinances, resolutions, and rules, and Department Policies and
Procedures.
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 classification of personnel.
8. Contract out any work as determined by the City.
9. Take any action necessary to carry out its mission in an emergency.
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Section B Union Security
Employees of the Light Operations Division_and the Equipment Services Division covered by this
Agreement who are currently members of the Union shall, as a condition of employment, continue
as members in good standing during the term of this Agreement.
New employees hired after the effective date of this Agreement shall, as a condition of
employment, become and remain members in good standing on the thirty -first (31st) day of
employment and continuing through the term of this Agreement.
Exception: A waiver of this membership requirement will be granted to an employee, providing
the employee presents satisfactory proof to the City and the Union that the obligation of Union
membership is in conflict with the tenets of the employee's religion and that the employee remits
an amount equal to the regular initiation fee and monthly dues to a non religious charitable
organization mutually agreed between the Union and the employee. Failure of the parties to agree,
PERC shall make the selection.
It is further understood that a probationary or temporary employee may be granted an extension of
time from the normal thirty -one (31) days to a maximum of one hundred eighty (180) days by
mutual consideration of the parties to this Agreement if such action would be in the best interests
of the employee, as determined by the Department Director.
Section C Seniority
The following seniority rules shall apply separately to each classification. When it is found
necessary to add new classifications to this Agreement, the City and the Union shall meet to
negotiate wages and conditions for said new classification.
Seniority in each classification shall be determined by continuous service in the classification.
Seniority with the City shall be determined by length of continuous service with the City.
It is understood and agreed that in all cases of promotion, the following factors shall be considered.
When and where factor (1) is relatively equal, factor (2) shall govern; and where factors (1) and (2)
are equal, factor (3) shall be used:
1. Knowledge, training, ability, physical fitness.
2. Length of employee service in classification.
3. Length of continuous service with the City.
In cases where two (2) or more employees start to work on the same day, the date of application for
employment shall establish priority of position on the seniority list.
A seniority list shall be made and posted annually, beginning with the first day of this Agreement.
The list shall show length of service:
1. Service in present classification.
2. Continuous service with the City.
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Seniority status shall terminate upon the following: Discharge, resignation, retirement, failure to
return from an approved leave of absence, layoff of more than eighteen (18) consecutive months,
or, if recalled from layoff, within fourteen (14) days from notice of recall from layoff should the
employee not return to work. Approved leaves of absence and layoff beyond thirty (30) calendar
days will not count toward the computation of seniority.
Apprentice Seniority: The 1 (one) year position seniority will be awarded upon the start of his/her
journeyman status date, and within that journeyman classification. This one -year seniority for
apprentices shall be used solely for promotional opportunities or layoff purposes.
Section D Disciplinary Procedures
All discipline for employees covered under this Agreement shall be for just cause.
In the event of discipline (excluding verbal and written reprimand), the employee's supervisor will
provide the employee with written notice of such discipline, including specific violations, prior to
the imposition of disciplinary action, unless immediate action is warranted.
An employee disciplined, other than verbal, has the right to have a meeting with his Department
Head to address the facts of the incident. Such a meeting must be requested by the employee within
five (5) working days of the discipline imposed by the employee's supervisor. The meeting is to
provide the employee with the opportunity to present his side of the matter. The Department Head,
after the meeting, shall either affirm, modify, or cancel the disciplinary action.
The employee is entitled to representation at all stages of the disciplinary process.
Verbal or written reprimands are not appealable through the grievance procedure. However, if a
written reprimand is placed in the employee's personnel file, the employee may submit a written
reply for placement in the personnel file.
Section E Labor/Management Committee
In the interest of developing and improving trust, communications, and employer employee
relations between the Union and Management, the parties agree to establish a Labor/Management
Committee. This committee shall meet on an as- needed basis. In order to determine whether a
dispute is subject to the Labor Management Committee or the grievance procedures, the Union
President and the Human Resources Manager will discuss the matter in dispute.
The members of the Labor /Management Committee shall be no more than four members from the
Union and four representatives from Management. The Management personnel will be the Public
Works/Utilities Director, the Deputy Director of Public Works/Utilities, the Light Operations
Manager, and the Human Resources Manager.
The City Manager may attend from time to time, depending on the issue discussed or if the Union
requests the City Manager's attendance at the meeting. The Union members of this committee will
be the Union shop steward and three others as selected by the Union.
The parties shall submit their agenda issues to each other prior to the meeting. The times and
frequency of the meetings shall be by mutual agreement of the parties.
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Issues which are resolved through the Labor/Management process that affect this labor contract
will be put in writing in a letter of understanding as an addendum to the contract, subject to
approval by the Union.
Section F Vacancies
When a vacancy occurs in a position represented by IBEW, the job posting will be posted for three
weeks (15 working days) before the recruitment period ends. A copy of the posting notice will the
sent to the Union Shop Steward. The City will attempt to make the posting notice available to
employees that may be on leave due to vacation, sick leave, or an approved leave of absence, so
they are aware of the opportunity to complete the process before the interviews are conducted.
Applications must be submitted to the Human Resources Office prior to the closing deadline in the
job posting. Temporary assignment to the vacant position may be made during the recruitment
period, until the job is filled.
Employees promoted to a higher class shall be required to serve a 6 -month probationary period
during which time; he /she is required to demonstrate his/her ability to perform the duties of the
higher -level position. Should the person fail the probationary period, he /she will revert back to the
position held prior to the promotion or reclassification.
Section G Notice of Changes to Work Rules
The City agrees to notify the Union in writing of any changes to work rules /regulations at least
fourteen (14) calendar days prior to implementation. At the request of the Union during this time
period, the City agrees to discuss the proposed changes to such work rules /regulations.
Section H 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
Any employee may review his 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(s).
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, however, shall be within thirty (30) days of receipt of the disciplinary action or
performance evaluation.
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Section I Apprenticeship Program
The City conditionally agrees to the establishment of an apprenticeship on-the-job training
program as provided within the Washington State statutes, Chapter 49.04 RCW and Chapter
296 -04 WAC. The City reserves the right to review and approve the Washington State
Apprenticeship Council guidelines prior to implementation of the program.
Section J Overnight Lodging for Travel
If an employee is required to travel outside the Puget Sound/ Seattle area in excess of two hours
travel time to attend job- related training, the Department Head will consider the need for overnight
lodging. The intent of this procedure is to provide a safe work environment for employees
traveling over long distances, when it may be advantageous to provide lodging rather than have the
employee attend a training workshop and travel additional hours.
ARTICLE III WORKING CONDITIONS
Section A Hours of Work
The work schedule and hours of work shall be established by the City and shall consist of five (5)
consecutive 8 -hour days on duty with two (2) consecutive days off duty. The normal work week is
Monday through Friday, with Saturday, Sunday and holidays as scheduled days off duty. If the
City or the Union wishes to establish any other work schedule, the parties may do so by mutual
agreement, which shall be in writing as an addendum to this contract.
The normal work day will be from 7 AM to 3:30 PM or 8 AM to 4:30 PM, with a 30- minute lunch
period, or 8 AM to 5 PM with a 60- minute lunch period, scheduled by the supervisor at
approximately mid -point in the work day.
An employee shall not work for more than twelve (12) consecutive hours (including meal breaks)
without a rest period of no less than eight (8) consecutive hours before returning to duty, without
the express authorization of the supervisor.
Work hours for the part-time mechanic shall be Monday- Friday and the City shall establish a
regular schedule for this position. The part-time mechanic may be assigned varying hours to fill in
for vacancies and unexpected absences as needed. However, the City will provide at least three
days notice of any shift changes, unless an emergency or unforeseen manpower shortage exists.
Section B Safety
The electrical safety rules of the Department of Labor and Industries of the State of Washington, or
any amendments thereto, is hereby adopted and incorporated as a part of this Agreement, as if fully
set forth herein. If the Washington State Safety Code does not cover a situation, the national
Safety Code will be used. The Line Foreman/Shop Foreman will be responsible for the safety of
his/her crews.
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Section C Response Time
Employees hired after April 1, 1985, performing field operations in City Light Division, and
Service Garage mechanics shall reside within thirty (30) minutes response time from the shop.
Travel time is determined using normal driving conditions.
Section D Meal Breaks When on Overtime Assignment
An employee will not be required to work more than five (5) consecutive hours without a meal
break. The supervisor shall determine the time for such a meal period, which shall be non -paid
time and shall be for 30 minutes in length. During an overtime assignment in which the employee
is entitled to a meal period as defined above, the City will pay the cost of the meals based on City
policy (IRS rate). Meal time shall be as follows: Breakfast, 3 AM to 9 AM; Lunch, 9 AM to 3 PM;
Dinner, 3 PM to 3 AM.
An employee is responsible for his /her own meal if overtime is scheduled in advance.
In the event an employee working overtime will complete the work within a reasonable period of
time after the five (5) hours qualifying for a meal period, in the judgment of the supervisor, the
project may be completed without the meal break and the employee will be entitled to the cash
payment for the meal, based upon the above meal rates.
Section E Work Stoppages
During the term of this Agreement, employees shall not engage in any work actions, including a
strike, work slowdown, sick -out, or any interference with the efficient operation of the Light
Department or Service Garage.
It is further understood that employees who engage in any such actions as noted above shall be
subject to disciplinary action as may be determined by the City.
Employees who refuse to cross legal picket lines, except where the public safety and welfare are in
jeopardy, will not be in violation of this Section.
The City will not engage in a lockout of employees during the term of this Agreement.
Section F Layoff Procedures
In the event that a reduction in the workforce occurs due to of a shortage of work, budgetary
reasons, a reduction in budgeted work hours from full -time to part-time for a regular full -time
position, a reorganization resulting in reduced staffing levels, or other reasons of business or
organizational necessity layoff shall be in accordance with the following:
1. Procedure for Layoff. The City shall determine which classifications and the number of
positions that will be affected.
The City shall provide employees subject to lay -off with a minimum of thirty (30) calendar
days written notice of the lay -off. The layoff letter shall advise an the employee of the
effective date and his/her recall rights. Any correspondence between the employee and the
City shall be through the Human Resources Office.
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Any regular full -time City employee who is laid off shall have his/her name placed on a
recall list for the classification that he /she was laid off from, and for any lower
classification in which the employee is qualified and has more seniority than another
employee on the list. If the employee has never held status in that classification, he /she
will serve a probationary period. The employee's name shall remain on the recall list(s) for
a period of twenty -four (24) months from date of layoff.
It shall be the responsibility of each person on the layoff list(s) to keep the City informed
of his/her current address and telephone number. Persons shall be recalled in the inverse
order of layoff. The City shall have the right to remove any name from a layoff list if no
response is received from a person on such list within fourteen (14) calendar days after the
City has mailed a certified letter (return receipt requested) to the person's last known
address.
2. Order of Layoff. The City shall first attempt to achieve the required reduction of the
workforce through attrition. If this is not possible, then:
a. Layoff shall be by classification for IBEW positions within the department. Prior
to a regular full -time employee being displaced within a department in the affected
classification, any volunteer (working without compensation in a recognized
classification), temporary, part-time, or seasonal position shall be laid off first
within the affected department. In the Parks Department, this includes summer
youth employment employees.
b. The least senior regular full -time employee in an affected classification shall be subject
to layoff, so defined in subsection 4 of this subsection. The employee subject to layoff
shall have the right to bump a less senior employee in a lower or lateral classification
for only those positions in which the employee meets the minimum educational and
technical skill qualifications for the position as indicated in the job description and has
experience in the lower and/or similar classification sufficient such that technical on or
off the job -site training, other than orientation, shall not be required and assumption of
the position shall not result in a loss of productivity or interruption of work. Lateral
transfers in lieu of layoffs shall not be subject to an additional six -month probationary
period.
c. Time served in a different classification: An employee may have had a title change or
been involved in a reclass or consolidation of classes during his employment with the
City. For purposes of layoff, classification seniority will include time served in another
class within the same occupational area and be added to his/her time in his/her present
classification.
d. In the event of a layoff, the City shall identify the position(s) scheduled for layoff and
then meet with the Union to review the seniority for the affected employees.
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3. Recall Rights: Any regular full time employee who is laid off shall have his/her name
placed on a recall list for the classification that he /she was laid off from, and for any lower
classification in which the employee is qualified and has more seniority than another
employee on the list. If the employee has never held status in that classification, he /she
will serve a probationary period. The employees name shall remain on the recall list(s) for
a period of twenty -four (24) months from the date of layoff. It shall be the responsibility of
each person on the layoff list(s) to keep the City informed of his/her current address and
telephone number.
Persons shall be recalled in the inverse order of layoff. The City shall have the right to
remove any name form a layoff list if no response is received from a person on such list
within fourteen (14) calendar days after the City has mailed a certified letter (return receipt
requested) to the person's last known address.
4. Service Time Layoff: Employees who separated from City employment because of
budgetary reasons and returned to City employment within twenty -four (24) months, in
accordance with the Layoff Procedures, shall be entitled to count the length of time of their
prior City service for purposes of accrual of vacation, sick leave, and longevity pay.
ARTICLE IV COMPENSATION
Section A Wages See Addendum "A" for 2011 -2014 salary schedule.
Effective January 1, 2011 and 2012, the parties agree to no wage increase. The 2010 wages will be
maintained for these two years.
Effective January 1, 2013 and January 1, 2014 the parties agree to a 2% cost of living adjustment
(COLA). Additionally, the parties agree to conduct a wage craft survey using the electrical
utilities historically used (see names below). The craft survey will use the Journeyman Lineman
hourly rate for 2012. The average hourly rate of the survey will be used, and if the results are such
that the City is below the average, the percentage difference will be split between 2013 and 2014.
The maximum for the craft survey adjustment per year will be no more than 3 For example, if
the survey results indicate the City Lineman is down 6% from the average, an additional 3% will
be applied with the above COLA each year. This would be a maximum of 5% per year for the
COLA and survey adjustment.
The survey market adjustment only applies to the line crew /meter classifications. The Mechanics
and Commercial Energy Analyst receive the 2% COLA only.
The Survey agencies for the lineman related classes include Lakeview, Orcas, Klickitat,
Ellensburg, Clallam PUD, Pend Oreille, Modern, Benton, Vera, Centralia, and Elmhurst.
The parties further agree to establish a list of comparable cities to use for wage survey purposes for
the classifications of Fleet Mechanic and Senior Fleet Mechanic. These cities are Aberdeen,
Lacey, Oak Harbor, Wenatchee, Mt. Vernon, Pasco, and Marysville.
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Section B Deferred Compensation: The City and the Union members agree to contribute into
a deferred compensation program, as offered by the City. The City will contribute an amount
equal to one -half of the amount paid by the employee, up to a maximum of $100 per month. This
contribution will be effective January 2005.
Section C Overtime Pay
1. Overtime hours are those hours which the employee is assigned to work in excess of forty
(40) compensable hours in the work week or eight (8) or ten (10) hours in the work day,
depending on the work schedule.
2. Overtime hours worked shall be paid at the rate of double the employee's current rate of
pay.
3. If an employee is called back to work in an overtime situation 4 hours or more before their
shift, and the work extends into the regular shift, the employee remains on overtime while
they are working, until an 8 -hour rest period is provided.
4. If an employee works on a holiday, the employee shall receive pay at the overtime rate of
pay (double time) for those hours worked on a holiday, in addition to the holiday pay.
5. Overtime pay shall not be compounded with any other forms of compensation paid to the
employee.
6. 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.
Section D Compensatory Time Off
An employee assigned to work overtime may, at the option of the employee, receive cash or
compensatory time off for such overtime hours worked. Compensatory time shall be earned at the
rate of double time for each hour worked, calculated to the nearest 30 minutes.
The maximum compensatory time accrual is eighty (80) hours.
Compensatory time taken off shall be scheduled by advanced supervisory approval and such time
off will not be permitted if it results in an overtime situation or affects the operations of a crew
because of manpower shortage.
All overtime worked in excess of the eighty (80) compensatory hours shall be paid in cash at the
overtime rate of pay.
Compensatory Time for Travel
If an employee is required to attend mandatory training and driving time extends beyond the
normal work day, such time shall be paid in the form of compensatory time at the rate of straight
time and credited to the employee's compensatory time bank accrual, per procedure noted above.
Travel time for non mandatory training shall not be compensable.
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Section E High Time Pay
All employees who work eighty (80) feet above ground, or higher, shall be paid at the rate of
double time while working at such height. This rule does not apply when employees are working
on the roofs of buildings where no exceptional hazards exist.
Section F Call Back
If an employee is called out to work and receives any combination of four hours or more at the
overtime rate, the employee will remain on overtime status until an eight (8) hour rest period is
provided. If the rest period is provided during the employee's regular shift hours, the employee
will be paid for their shift at the straight time rate.
If the eight -hour rest period ends before the end of the regular shift, the employee will return to
work for the remaining hours or use vacation or compensatory time.
Employees called back for duty less than four (4) hours before the beginning of regular working
hours, or their shift hours, shall be paid at the overtime rate (except meal breaks, which are
non -paid time) from the time they are called until the beginning of their regular working hours or
shift.
A minimum of one (1) hour of overtime will be paid. Regular hours or shift hours following shall
be paid at straight time. If relieved from duty prior to the start of their regular shift, the two (2)
hour minimum of overtime (double time) shall apply.
Employees called back to work prior to the beginning of their regular shift, without sufficient time
to eat breakfast or prepare a lunch, shall receive compensation for the breakfast and lunch period
provided they continue to work. For the purpose of this agreement, meal periods shall be 6:30 am,
12:00 (noon), 6:00 pm, and midnight.
Section G Higher Class Pay
Due to WISHA requirements for a supervisor to be present in charge of a Line Crew, when an
employee is assigned by management to work in a higher class, the employee will be paid at the
salary of the higher class for those hours worked, calculated to the nearest 30 minutes.
In the event an employee in the bargaining unit is assigned by management to work out of class in
a management position, the compensation shall be a flat 5% premium pay based on the employees
regular rate of pay. In order to receive this pay the assignment must be for an 8 -hour shift or
longer.
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Section H Tuition Reimbursement
Any member covered by this Agreement is entitled to 80% reimbursement for tuition and books
costs for any course directly related to his job, provided the member has gained the approval of the
Supervisor prior to registration for the class of instruction. All members requesting reimbursement
for tuition and books will be expected to meet the minimum standards for taking the course and
must complete the course with a passing grade or notification of course completion.
Section I Safety Glasses:
The City agrees to provide up to $100 per year for the purchase of approved safety glasses, with
receipt of purchase. Employees may bank this amount for one year and use up to $200 every other
year for safety glasses.
Section J Boot Allowance:
The City has implemented safety procedures for the Public Works Utilities Department for foot
protection, including safety boots. The style of the safety boot is subject to approval of the Light
Operations Manager. For the Line Crew safety boots, employees have the option of selecting
boots that are rated "EH The amount of payment for the initial purchase of new required boots
and annually thereafter, is as follows:
For employees in the Line Crew, the City agrees to pay an initial purchase of $500 and each year
thereafter, $150.
For employees in the classes of Meterman, Warehouse /Storekeeper, and Electrical Inspector, the
City agrees to pay an initial purchase of $250, and each year thereafter, $150.
For employees in the classes of Mechanic, Service Writer, Commercial Energy Analyst, the City
agrees to pay an initial purchase of $150, and each year thereafter, $150.
Employees will have the option of receiving the above payment in cash in January of each year,
subject to appropriate payroll taxes or use a boot certificate provided by the City for the amount
above and the vendor will invoice the Department for payment and this shall not be taxable
income.
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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 Maximum
Accrual Year Accrual Hours
1 5 continuous years
of City service 88 11 176
6 10 continuous years
of City service 128 16 256
11 15 continuous years
of City service 168 21 336
16 20 continuous years
of City service 208 26 416
21 and over continuous years
of City service 248 31 496
Vacation may be taken only after completion of the 6 -month probationary period. Thereafter,
vacation credit earned may be taken upon proper authorization, per Department procedures. A
request for such leave shall be made in advance and is subject to approval of the Department Head.
The maximum accrual of vacation leave is twice the employee's annual accrual rate (refer to
preceding chart). Employees shall be paid for unused vacation leave at their base hourly rate (i.e.,
straight time) upon leaving City service, except for terminations during the employee's initial
probationary period.
An employee may request an extension of the vacation accrual maximum by submitting a written
request to the Department Head. The request shall provide justification for the request and a
reasonable time in which the accrual will be brought down below the maximum limit. It is
understood that an extension will not be authorized to increase vacation payoff, if leaving the City.
Section B Holidays
The following holidays will be observed during the term of this Agreement:
New Year's Day Independence Day
Washington's Birthday Labor Day
Memorial Day Veteran's Day
Christmas Day Thanksgiving Day
Two Floating Holidays Day after Thanksgiving Day
Martin Luther King Jr. Birthday
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The two floating holidays may be taken in 8 -hour increments, subject to Supervisor approval.
Whenever the above -named holidays (excluding floating holidays) fall on a Sunday, the following
Monday shall be observed as the holiday; when the holiday falls on a Saturday, the preceding
Friday shall be observed as the holiday.
Section C Sick Leave
Purpose
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
Agreement.
Sick Leave Accrual
Sick leave shall accrue at the rate of 8 hours per month for all regular full -time employees covered
by this Agreement. The accrual of sick leave shall be unlimited, however, payoff shall be limited
to 120 days (960 hours).
Notification Requirements
An employee requesting sick leave usage must provide the proper notice as established by the
Department Head. When the Department Head has reasonable cause to believe an employee has
misused his /her sick leave benefits, the employee may be required to provide proof of illness from
a medical doctor. Any misuse of sick leave shall be considered cause for disciplinary action.
Use of Sick Leave:
Sick leave may be used for the following:
1. Illness or injury to the employee, on or off the job, resulting in an inability of the employee
to perform his/her work.
2. Sick leave may be used, with advance approval of the supervisor to care for members of
his/her immediate family, or for funeral leave.
Use of sick leave for funeral leave is limited three (3) days per incident unless additional
time is approved by the employee's supervisor.
For purposes of sick leave usage, immediate family member includes spouse, children,
parents, grandparents, step children, brothers, sisters, and other dependent relatives or
legally adopted children.
Sick leave for family members is limited to care which is medically necessary, with
verification required from the attending physician, if requested by the supervisor, to verify
proper sick leave usage.
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3. Family Leave shall be pursuant to City Personnel Policy and Procedures Manual Section
7.05 and 7.06.
4. Sick Leave Benefit
If the employee has ten (10) or more years of service with the City, twenty -five (25)
percent of the value of the employee's accumulated sick leave will be paid upon regular
retirement or death.
Section D Injury Subsidization Applies only to Light Operations and Mechanic
classifications.
Any regular employee having six (6) months continuous service with the City who is injured on
the job and is unable to return to work, shall be compensated by the City an amount equal to the
difference between the employee's regular salary and those moneys paid through the City's
Worker's Compensation Plan. However, the combination of the two shall not exceed the
employee's regular salary. The first three days of time loss shall be charged to sick leave. Time
loss thereafter, up to ninety (90) days, shall be paid by the City at the employee's regular salary.
This section shall apply only to full 8 -hour days or longer periods of time lost. It shall not apply to
sporadic periods of disability or medical appointments of less than a full day.
Section E Industrial Injury
When an employee is injured on the job and there is time loss, the employee shall go on the City's
Industrial Insurance program and draw Worker's Compensation time loss benefits, which is equal
to the State of Washington's Worker's Compensation Plan.
For employees with less than six (6) months City service who qualify, that portion of sick leave
paid shall be deducted from accumulated sick leave.
ARTICLE VI HEALTH BENEFITS
Section A Health Coverage
During the term of this Agreement, the City agrees to provide family medical coverage under the
AWC Healthfirst medical plan.
Effective January 1, 2013, employees shall contribute 12.5% of the monthly medical premium for
the AWC HealthFirst medical plan. For 2011 and 2012, the employee's contribution is 10% of the
monthly medical premium.
The City agrees to provide family dental and vision coverage for the term of this Agreement. The
dental coverage is AWC Plan F, and the vision benefit is the $25 deductible plan through AWC.
The City reserves the right to select carriers for health benefits as long as the benefits are not
reduced.The terms and conditions of health benefits, eligibility requirements, plan benefits and
limitations are provided in the Plan summary, provided to each employee.
15
Section B Term Life Insurance:
The City agrees to provide term life insurance for regular full -time employees, equal to one times
annual salary with a maximum of $50,000, rounded to the nearest thousand. Additional optional
life insurance is available, paid for by the employee through payroll deduction.
Section C Long -Term Disability Coverage:
The City agrees to provide long -term disability coverage for regular full -time employees. The
coverage shall have a 90 -day waiting period and benefits are subject to the terms and conditions of
the plan booklet, provided to each employee.
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; and 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 meanings:
Grievance: A complaint by an employee 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 City policy or an alleged violation of any term or condition of
this Agreement.
Day: Calendar day, exclusive of Saturday, Sunday, and legal holidays.
Employee: A regular full -time or regular part-time employee covered by this Agreement.
Immediate Supervisor: The Division Manager who assigns, reviews, or directs the work of an
employee.
Representative: The Union Shop Steward or designee appointed by the Union President.
Department Head: The employee reporting to the City Manager, having direct responsibility over
a City Department.
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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 or State and/or
Federal Safety Regulations.
2. Work performance evaluations, except where disciplinary actions occur.
3. Grievances filed after Twenty -five (25) days from the incident or when the employee had
knowledge of the incident.
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 representatives 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. Only a person(s) selected by the Union and made known to management prior to a
scheduled grievance meeting shall have the right to represent or advocate as an employee's
representative.
5. Nothing within this grievance procedure shall be construed as limiting the right of
management to manage the affairs of the City.
6. Grievances of an identical nature, involving an alleged violation of the same Article,
Section, etc., concerning the same subject matter, may be consolidated.
7. The Union, as an organization, may file a grievance alleging that the City has violated
specific rights afforded the organization in the Agreement. Such grievance shall be filed
directly at the Department Head level.
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Section F Grievance Procedure:
Step 1 Division Manager: If an employee or the Union wishes to file a grievance, they may do
so by completing the grievance form (Union or City grievance form) and submitting the completed
form to their Division Manager within the time limits specified above. Any documentation in
support of the grievance should be attached to the grievance form. The Division Manager shall
meet with the employee and the Union representative to hear the complaint or allegation and
provide a written response to the employee/Union within five (5) working days after close of the
meeting(s) to discuss the matter. Failure of the Division Manager to respond to the
employee/Union within this time period shall automatically elevate the grievance to the next level
of the grievance procedure, the Department Head, the Public Works/Utilities Director.
A grievance, whether submitted by an employee or directly from the Union, must have a signature
of the Union President to be valid.
Step 2 Department Head
If the employee/Union is not satisfied with the decision of the Division Manager, they may
request that the grievance be advanced to Step 2, the Department Head, within five (5) working
days after receipt of the Division Manager's decision.
The Department Head shall hold a meeting with the employee and the Union representative within
ten (10) days from the date the grievance is received and attempt to settle the grievance.
A decision shall be made, in writing, to the employee and the Union representative by the
Department Head within ten (10) days from the close of the meeting.
Step 3 City Manager
If the employee/Union is not satisfied with the decision of the Department Head, the Union may
appeal the decision to the City Manager within ten (10) days from receipt of the Department
Head's decision.
The City Manager will hold a meeting with the Union President and the employee within ten (10)
days of receipt of the grievance or a mutually agreeable time, with all supporting documents, the
Department Head's response, and the remedy requested, and issue a written decision within ten
(10) work days after the close of the meeting.
Step 4 Binding Arbitration
If the Union is not satisfied with the decision of the City Manager, the Union may submit the
grievance to binding arbitration, by written request to the City Manager within ten (10) days of
receipt of the City Manager's decision.
If the grievance is submitted to binding arbitration, the grievant, Union representative, and the
City's Human Resources Manager shall, within ten (10) days of receipt of the grievant's request,
set a date for a meeting to:
1. Agree to any stipulations.
2. Attempt to agree upon an issue statement.
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3. Jointly request from the American Arbitration Association, Federal Mediation and
Conciliation Service, or other mutually agreed upon source, a list of five (5) arbitrators, and
upon receipt of this list, the parties will toss a coin to see who strikes the first name, and
then each shall alternately strike a name, to arrive at an arbitrator who will hear the
grievance. The parties may, however, mutually agree to an arbitrator without using the
above arbitration selection process, or may request another list of arbitrators if both parties
are not satisfied with the initial list of arbitrators.
The parties agree that the grievance shall be heard before the arbitrator selected at the earliest
possible date. The decision of the arbitrator shall be final and binding upon the parties. The
arbitrator shall not have the ability to alter, amend, or modify any portion of the Labor Agreement,
City policies, or regulations.
The cost of the arbitration process shall be shared equally between the parties. Any cost or fees
related to the presentation of the case for each respective party shall be the responsibility of that
party and shall not be shared as part of the arbitrator's expenses.
ARTICLE VIII DURATION OF AGREEMENT
This Agreement shall be effective January 1, 2011, and shall continue in full force and effect
through December 31, 2014. Should either party desire to modify or terminate this Agreement, it
shall serve written notice upon the other party at least sixty (60) days prior to the expiration of this
Agreement.
IN WITNESS WHEREOF, we attach our signatures this 17 4 kday of July 2012.
CITY OF PORT ANGELES IBEW, LOCAL #997
„fir/ 997
Mayor, Cherie Kidd Timm Kelly, Pre lent I .:A.�
Dan Mckeen, George Dr. Negotiating
Interim City Manager Team Mem.er, IBEW #997
Bo Coons, Human Resources
Manager
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