021-22 - Teamsters Local No. 589-Public Works - Contract Amendment MOU 6-15-2024MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF PORT ORCHARD
AND THE TEAMSTERS LOCAL NO.589
(REPRESENTING THE PUBLIC WORKS EMPLOYEES)
The City of Port Orchard ("City") and Teamsters No. 589 Representing the Public Works
Employees (Union) enter into this Memorandum of Understanding ("MOU") amending portions
of the Collective Bargaining Agreement dated January 1, 2022 through December 31, 2025 as a
result of a restructuring of the department, changing of position titles and change in duties and
responsibilities of some positions.
WHEREAS, the City of Port Orchard continues to grow in both population and employee
numbers; and
WHEREAS, the City has determined that the effectiveness of the public works operations
division would benefit from a change in the organizational structure; and
WHEREAS, the City has negotiated with the Union to eliminate a Foreman position and
create additional lead positions overseeing the mechanics shop, streets and parks and facilities;
and
WHEREAS, the parties have agreed that the positions with the title of Coordinator should
be retitled to Lead; and
WHEREAS, the parties have agreed to a distribution of the Foreman job duties resulting
in a pay increase for all positions with the Lead title; and
WHEREAS, the contract language regarding working out of class has been negotiated to
reflect the new structure; and
WHEREAS, clarification was desired regarding treatment of unused sick leave balances if
an employee promotes out of the bargaining unit;
NOW, THEREFORE, the City and the Union agree as follows:
1. Article 8, Article 13 and Appendix A of the collective bargaining agreement between
the City and the Union are amended as shown in Exhibit A.
2. This MOU is effective when signed by both parties..No modification to this MOU is
valid unless in writing and signed by the parties.
CITY OF PORT ORCHARD
Mayor Rob Putaansuu
Date: / L� �Z4
TEAMSTERS LOCAL NO. 589
Robert Driskell, Secretary/Treasurer
Date: Aaq `
Exhibit A to MOU
ARTICLE 8...................HOURS OF WORK AND WORKING CONDITIONS
8.1 WORKWEEK -A maximum regular work week shall be forty (40) hours of work consisting of five
(5) consecutive eight -hour days (Monday through Friday from 8:00 am to 4:30 pm) or four (4)
consecutive ten-hour days (Monday through Thursday, or Tuesday through Friday) from 6:00 am
to 4:30 pm during a seven (7) day period. The four -ten work week shall be implemented or
rescinded at the discretion of the City Public Works Director or designee.
8.1.1 ....Should the Employer establish a split shift, or a workweek other than set forth above,
employees shall be assigned at the sole discretion of the Publie V;efks-maa, 9peratiens
Managefef management. Employer shall provide ten (10) working
days' notice to employees that such a major shift change is being implemented. A "major
shift change" for purposes of this section shall not include shift changes necessitated by
weather -related or emergency -related shift work (including but not limited to street
sweeping, anti -icing, and snow plowing), or voluntary shift changes.
8.1.2 ....In the event an employee's shift is changed to start at 3 a.m. for street sweeping and/or
anti -icing, the employee may be released from work by the Employer at 8:30 a.m. and still
receive eight (8) hours of straight time pay for the shift.
8.1.3 ....Weekend duty shifts are scheduled from 6 am to 12 pm, or as otherwise directed by the
Employer. Additional weekend duty may be assigned from Memorial Day through Labor
Day from 12 pm to 2 pm, or as otherwise directed by the Employer.
8.2 REST PERIODS AND MEAL BREAKS — The parties agree to rest periods and meal breaks that
supersede WAC 296-126-092 pursuant to RCW 49.12.187. Rest periods and meal breaks do not
accrue and may not be cashed out. An employee who does not receive a rest period or meal break
shall notify the o..blie " eFk MFeman their Lead or supervisor.
8.2.1 ....REST PERIODS - Employees are provided two 15-minute paid rest periods per regular
full-time work shift, one taken in the morning and one in the afternoon or as otherwise
directed by the Employer. An employee required to work more than ten (10) consecutive
hours shall be provided another 15-minute paid rest period after the ten (10) hours. Rest
periods shall be taken to avoid interfering with the Employer's operations and services,
and may be taken intermittently when appropriate. Employees working a part-time shift,
including weekend duty, are provided one 15-minute paid rest period for every four (4)
hours worked.
8.2.2 .... MEAL BREAKS — Employees are provided one thirty -minute unpaid meal break for each
regular full-time work shift. Timing of meal breaks is dependent on operational need.
Employees working a part-time shift, including weekend duty, shall not be provided with
a meal break.
8.2.3 ....EMERGENCIES — In the event of emergencies or for other operational reasons, an
employee may be required to work without a rest period or meal break.
8.3 OVERTIME - Compensable hours in excess forty (40) compensable hours in any one work week,
shall be paid for at the rate of one -and -one-half (1 '/z) times the regular straight time hourly rate.
All overtime shall be assigned at the discretion of t'��lie•WeFks lie ,
or-Nbhe We-'�reeter management. Compensable hours are defined as Employer -paid time.
8.4 COMPENSATORY TIME - If the employee prefers, overtime may be credited to compensatory
leave time at the rate of one and one-half (1 ''/Z) hours for each hour of overtime. Scheduling of
time to use the compensatory time shall be subject to approval of the employees' supervisor. If
compensatory time is not taken within thirty (30) calendar days of the date earned it shall be
converted to cash and paid in accordance with the above rate.
8.5 CALLBACK - Should an employee be called for duty other than the regular shift, such employee
shall receive one and one-half (1 ''/2) times their hourly wage for work performed with a minimum
of two (2) hours of overtime pay. This shall include unscheduled street sweeping and anti -icing
assignments performed outside of the regular workday. Call back time shall include direct travel
from home to work and work to home. Weekend duty shifts are not subject to callback.
8.6 TELEPHONE CALLS - Employees required to work remotely outside their regular shift without
reporting for duty (for example, phone calls lasting more than 7'/z minutes) shall be compensated a
minimum of fifteen minutes at the applicable hourly rate. Routine communications such as for
overtime opportunities or assignments, and SCADA-related calls, are not eligible for compensation
under this provision. If the employee is called out they shall receive callback pay only.
8.7 Adjustments in the regular working hours of the employees for the convenience of the Employer
shall not be construed to be in conflict with this Agreement.
8.8 In the event an employee is required to work twelve (12) or more hours in a day, such employee
shall be entitled to sixteen ($16.00) dollars per day for food.
8.9 Employees covered by this Agreement, except employees working in the classification of inere
Maintenance Technician I and Mechanic, shall have in their possession a current operators license
and meet the requirements of RCW 46.25, Uniformed Commercial Drivers License Act. New
employees, other than Maintenance Technician I and Mechanic, will be required to obtain
the required Commercial Driver's License, at the Employer's expense, within a reasonable time
frame as determined by the Employer. The Employer shall reimburse the employee for the renewal
fee of the CDL endorsement and the DOT physical examination at the Employer's bid doctor. If
the employee goes to another doctor other than the bid doctor, the Employer shall reimburse the
employee the bid doctor's amount only. An employee who separates from the Employer within two
(2) years of being hired shall be required to reimburse the Employer for the costs of obtaining a
CDL from their final paycheck(s).
8.10 The Employer shall pay for all required Hepatitis inoculations and any medically required follow
up testing.
8.11 OUT OF CLASS PAY - In the event an employee is assigned, by management, the duties of the
Publie ` e-ks Fee-e-- an Lead, the employee shall be compensated as follows:
ist loth wer-king day� He additional Pay
0
8.11.1 If the absence of the Lead is a scheduled absence (training, medical leave, vacation, etc.
planned a minimum of one week in advance) and the Lead is scheduled to be off work for
a period of five (5) consecutive working days or more, management will assign an
employee of another job classification the duties of the Lead. The assigned employee will
be compensated $20 for each day the employee was assigned as the Acting Lead provided
that the duties of Lead are assigned for the full day (i.e. 8 hours). Acting Lead assignment
pay in this situation is effective upon the first day of the Lead's absence or the first day of
assignment as Acting Lead, whichever occurs first.
8.11.2 If the absence of the Lead is an unscheduled absence and the Lead has been absent for three
(3) or more consecutive working days, management may assign an employee of another
job classification the duties of the Lead. The assigned employee will be compensated $20
for each day the employee was assigned as the Acting Lead provided that the duties of
Lead are assigned for the full day (i.e. 8 hours). Acting Lead assignment pay in this
situation becomes effective on the fourth consecutive working day of the Lead's absence
or the first day of assignment as Acting Lead, whichever occurs first.
8.11.3 Employees classified as Maintenance Technician I are not eligible for Out of Class Pay
under Article 8.11. Employees classified as Electrician, Mechanic and Maintenance
Technician II are eligible for Out of Class Pay provided that they have completed their
probationary period. At the discretion of management, employees assigned responsibilities
of Lead will not be required to possess all of the minimum certifications of that Lead
position, unless otherwise required by local, state or federal regulations.
8.12 STANDBY PAY — The Employer shall schedule employees to standby duty. The employee on
standby duty must be able to respond within 45 minutes and shall not have consumed alcohol or
non-prescription medications which could impair their ability to safely perform their job duties.
Standby duty shall be between Friday at 4:30 pm until the following Friday at 8:00 am, including
holidays. The Standby Pay shall be as follows:
Effective January 1, 2022 or the first pay period after ratification of this Agreement if later, Standby
Pay shall be $30 per calendar day. No more than one employee will be paid Standby Pay for each
calendar day.
8.13 If at any time the Mayor or designee closes City Hall due to inclement weather or a state of
emergency, non -essential employees will not be required to report to work. The City wiN pay non-
essential employees for the equivalent time of their regular working hours for that day and they
will not be required to use leave. Employees designated as essential will need to coordinate with
the supervisor regarding their schedule. Essential employees who are required to stay and work by
the Employer shall be credited the equivalent time of the closure into their vacation leave banks.
The foregoing shall not apply to situations in which City Hall is closed to the public but remains
open for employees to work. This section 8.13 will not apply to non -essential and essential
employees that were previously scheduled to use leave (i.e. vacation, personal holiday, sick or other
leave categories) during the closure. This section 8.13 does not apply to Call Backs.
8.14 SCADA assignments shall be made at the sole discretion of the Nblie We -ks For-e . a Opereti n
mans eg ment. This assignment will start on the 11 of a
designated month and last the duration of that month. Minor changes to the schedule shall be
approved at the sole discretion of the Rublie "' Fks FOF0F.,..., Op ff,,.:,...s Manager-, ef Publie ""e�'.�
Direeter-management. SCADA related calls or checking alarm status are reimbursed at the flat rate
stated below and are not eligible for additional compensation unless an employee physically
responds with approval from the Publie Wefks F Opefatiens Manager, - Public Wer-ks
Direetertheir supervisor, the manager or designee. Employees performing this assignment will
receive flat pay per menth in oeeerdanee with the following table!•
Ef-eetive jw t3arj-1-, 202' of the first pay e ed after- m6fieatien of this A b nt if later-,
SCIA iv il be $7.00 per calendar day. No more than one employee will be paid SCADA for each
calendar day.
8.15 The Employer retains the right to decide if a reduction in force is required. The Employer also
retains the right to designate the classification from which the layoff will occur. Once the
classification is designated, a reduction in force will be based on seniority (in the event of special
skillsets within the classification, the skillset to be reduced will be identified by the Employer).
Seniority is defined as time that an employee has continuously served in the targeted classification.
Employees who are ultimately laid off will be placed on a Reinstatement List in order of seniority.
For eighteen months after being placed on the Reinstatement List the employee will first be offered
their former position, if it becomes available, or any other open position within the City for which
the employee is qualified. Employees shall be provided not less than four (4) weeks written notice
of layoff. Employees on the Reinstatement List are required to provide the Employer with updated
contact information and failure to respond to an offer of reemployment within fourteen (14)
calendar days shall result in waiver of the right to reinstatement.
The order of layoff shall be: (1) temporary employees; (2) probationary employees; (3) part-time
employees; and (4) full-time employees.
If furloughs are deemed necessary by the Employer, the parties will discuss the impact of the
furloughs and enter into an appropriate and agreed Memorandum of Understanding.
ARTICLE 13................. SICK LEAVE
13.1 All full-time and part-time employees shall be entitled to use accrued sick leave in accordance with
the Employer's policies. Such sick leave for full time employees shall accrue at the rate of eight
(8) hours for each calendar month of employment and if not used shall accumulate to a maximum
of nine hundred sixty (960) hours. Part-time employees shall have their sick leave prorated on the
basis of two thousand and eighty (2,080) hours per year (full-time employment). Sick leave shall
be accumulated and recorded on a monthly basis as provided in this section.
13.2 Sickness shall be reported by the employee at the beginning of any period of illness to the
employee's supervisor or the manager.
13.3 Medical verification may be required when sick leave occurs in excess of three (3) consecutive
days.
13.4 Any employee found to have abused the sick leave privilege by falsification or misrepresentation
may thereupon be subject to discipline up to and including termination.
13.5 ON-THE-JOB INJURIES - An employee who suffers a work -related illness or injury must report
that illness or injury to their supervisor within twenty-four (24) hours unless the employee is
prevented by incapacity from doing so. If the illness or injury is one for which time -loss payments
are provided through the workers' compensation system, the employee will indicate, via their
electronic timesheet, to receive only such time -loss payment or to use paid leave in combination
with workers' compensation benefits as follows:
(1) An employee choosing to receive only such time -loss payment as provided by workers'
compensation will indicate "Leave without Pay" or alternative designation set up by
payroll to indicate their choice to collect only the workers' compensation time -loss.
(2) An employee choosing to take any type of available paid leave while receiving workers'
compensation benefits will receive the full value of such paid leave in addition to their
time -loss payments.
13.6 At the option of the employee, sickness in excess of the maximum number of days accrued may be
charged to accrued vacation.
13.7 In lieu of sick leave buyout the Employer shall provide term life insurance on the employee's life,
the beneficiary to be designated under the plan rules. The policy shall remain in full force and effect
so long as the employee is employed by the Employer. The face amount of the policy shall be Fifty
Thousand and no/100 Dollars ($50,000.00). To be eligible for this benefit, the employee must work
thirty (30) or more hours per week and meet all other eligibility requirements.
13.8 Washington State Family and Medical Leave Program — Employees are eligible for paid family
and medical leave consistent with RCW 50A.04.115, effective January 1, 2020. Employer will pay
the designated employer's share and employees will pay the designated employee share via payroll
deduction.
13.9 Upon promotion or transfer to a City position not covered by this Agreement, the employee may
roll over accrued and unused sick leave up to the maximum sick leave aeefu l li annual calendar
year carry over amount applicable to the new position.
APPENDIX "A"
January 1, 2022 THROUGH DECEMBER 31, 2025
Rates of pay shall be as follows:
For Fiscal Year 2023 through 2025 the new rates shall go into effect the first full pay cycle after January I
of the pay rate year.
Effective the first full pay cycle after €nll-pay-eye4e following ratification of
this Agreement by both parties, whichever occurs later, base wages shall be as set forth in the following
chart, which includes an 3% aemss-!he bincrease for Lead positions. Employees move from step l to
step 2 after 6 months, and from step 2 to step 3 after another 6 months. Each subsequent step is 12
months. if a newly hired employee is placed above step 1, all of that employee's future steps are 12
months.
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Fefem
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Geor-den
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Elee&4
ei"
Meeh
**ie
Elie
Wef#s
P*Memtel
Lab fef
7
-5-year-5
44-06
38.26
35-95
3642
33:64
264-3
6
4-yeaf-s
42-�
P. i 5
37.82
35.65
3437
23-76
3-yeffs
4E3.
36..07
3642
34.61
3356
25-4
4
2••year-s
40:32
35.02
35-65
33.6
3249
24:28
3
4- `
39.15
34.0
34.61•
32.62
3- -.
23-7
2
6•menths
34.4 l•
33 O i
33.60
3A�1•
2?S8
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3&W
32�-5
32�2
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24.42
22
Step 1
StartingPa
Step 2
6 months
Step 3
1 ear
Step 4
Z ears
Step 5
3 ears
Step 6
4 ears
Step 7
5 ears
Lead
35.69
36.76
37.87
39.00
40.17
41.38
42.62
Maintenance Technician II
32.25
33.22
34.22
35.24
36.30
37.39
38.51
Maintenance Technician I
24.02
24.75
25.49
26.26
27.05
27.86
1 28.69
Lead Mechanic
35.69
36.76
37.87
39.00
40.17
41.38
42.62
Mechanic
33.26
34.26
35.28
36.34
37.43
38.56
39.72
Electrician
35.28
36.34
37.43
38.56
39.72•
40.90
42.13
EL feetive the mst €all -pay eyele af#e -3anuary 1, 202.3-base-wages-shall be iner ased-by-eee huadr-ed
pefeeet (1000%) e€efs Jade* -U)+V)8-2-
1984=100) fet the SeattleTaeeffia Bellevue -area fey that peried-€fe June, 2021 t ►,.�,o ,n�asis
spa et
Labor. , Unit States-hev:e�the
CO n sh..n_ ►.e ►a than , per-eeni-0%) nor-ieere than four- per-eent (49;).
Effective the first full pay cycle after January 1, 2025 base wages shall be increased by one hundred
percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) ( 1982-
1984= 100) for the Seattle -Tacoma -Bellevue area for that period from June, 2023 to June, 2024, as is
specified by the Bureau of Labor Statistics, United States Department of Labor; provided, however, the
COLA increase shall not be less than one percent (1%) nor more than five percent (5%).