051-19 - Ordinance - Approving Agreed Modification in the Collective Bargaining Agreements with Teamsters Local 589oRDtNANCE NO. 051-19
AN ORD NANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPROVING THE AGREED MODIFICATION OF A PROVIS ON CONTAINED
N THE C TY'S COLLECTIVE BARGAIN NG AGREEMENTS W TH TEAMSTERS
LOCAT 589 REPRESENT NG PUBI C WORKS EMPLOYEES, MUNIC PAL
COURT EMPLOYEES AND POL CE SUPPORT STAFF; PROVIDING FOR
SEVERAB Llw AND PUBL CAT ON; AND SETT NG AN EFFECTIVE DATE.
WHEREAS, the Fair Labor Standards Act of 1938 (FLSA) and the Washington Minimum
Wage Act (MWA) regulate overtime pay; and
WHEREAS, the City's collective bargaining agreement ("CBA") with Teamsters Local 589
for Public Works Employees contains language that could be interpreted as being contrary to
certain requirements of the FLSA and the MWA; and
WHEREAS, the City and the Teamsters strive to comply with federal and state law, and in
an abundance of caution have agreed to remove this potentially problematic language; and
WHEREAS, RCW 2.36.150 provides that payments received by jurors from the court for
each day's attendance constitute "expense payments"; and
WHEREAS, the City had previously adopted a City policy providing that employees who
receive such jury duty "expense payments" may keep the payment check; and
WHEREAS, the City did not make this administrative correction during contract
negotiations with the three Teamsters Local 589 bargaining groups to establish a consistent
practice across the City; and
WHEREAS, the City and Teamsters Local 589 are in agreement that the proposed revisions
to the three CBAs are in the best interest of both parties; now, therefore,
THE C TY COUNC t OF THE C TY OF PORT ORCHARD, WASH NGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. The City Council hereby authorizes the Mayor Pro-Tem to sign a
Memorandum of Understanding with Teamsters Local 589 representing the Public Works
Employees to modify the language of Article 8.4 and Article 15.1 of the 2019-2O2L collective
bargaining agreement to reflect the language as presented in the Memorandum of
Understanding which is attached hereto as Exhibit A.
Ordinance No. 051-L9
Page 2 of 2
SECTION 2. The City Council hereby authorizes the Mayor Pro-Tem to sign a
Memorandum of Understanding with Teamsters Local 589 representing the Municipal Court
Employees to modify the language of Article 15.1 of the 2OL9-2O2L collective bargaining
agreement to reflect the language as presented in the Memorandum of Understanding which
is attached hereto as Exhibit B.
SECTION 3. The City Council hereby authorizes the Mayor Pro-Tem to sign a
Memorandum of Understanding with Teamsters Local 589 representing the Police Support Staff
to modify the language of Article 15.1 of the 20L9-2O21 collective bargaining agreement to reflect
the language as presented in the Memorandum of Understanding which is attached hereto as
Exhibit C.
SECTION 4. Severabilitv. lf any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
sEcTtoN 5.Publi ron.This Ordinance shall be published by an approved summary
consisting of the title.
SECT ON 6. Effective Date. This Ordinance shall take effect and be in ful! force and effect
five days after publication, as provided by law.
PASSED bythe City Council of the City of Port Orchard, APPROVED bythe Mayor Pro-Tem
and attested by the Clerk in authentication of such passage this L2th day of November 2019.
Be Ashby, Mayor Pro-Tem
ATTEST:SPONSOR:
Brandy Ri nearson,MMC, City Clerk J h Clauson, Counci lmember
APPROVED AS TO FORM:
n Cates, City Attorney
PU BLISH ED:
EFFECTIVE DATE:
Novemb er 22,2OL9
Novemb er 27 , 2OL9
!
a
a
a SEAL }
Memorandum of Understand ing
Arnended to the AGREEMENT by and hetween
CITY OF POR'I' ORCI.IARD. WASHINGTON
and
TEAMS'I ERS LOCAL NO. 589
(Representing the Public Works Employces) datcd
January 1,2019 through December 3l,2OZl
THIS AMENDMENT is supplemental to the AGREEMENT by and between the CITY OF
PORT ORCHARD, WASHINGTON (the "City") and the TEAMSTERS LOCAL NO. 589
(the "Teamsters") (representing the Public Works Ernployees), dated January l,lol9 through
Decernber 31, 2021.
WHEREAS, the Fair Labor Standards Act of 1938 OLSA) and the Washington
Minimunt Wage Act (MWA) regulate overtime pay; and
WHEREAS, the City's agreement with the Teamsters contains language that could be
interpreted as being contrary to certain requirements of the FLSA and the MWA; and
WHEREAS, the City and the Teamsters strivc to comply rvith fedcral and state law, and in
an abundance of caution have agreed to remove this potentially problenratic language; and
WHEREAS, RCW 2.36.150 providcs that paymcnts rcceivcd by jurors from the court for
eaclr day's attendance conslitute "expense payments"; and
WI-IEREAS, the City had previously adopted a City policy providing that employecs who
rcceive such jury duty "expense payrnents" nray kccp thc payment check; and
WI-lllREAS, the City did not make this administrative correction during conlract
negotiations to establish a consistcnt practice across the City;
NOW TFIEREFORE, the Ciry and the 'feamsters have entered into this Memorandum
of Understanding ("MOU") to revise Article 8.4 and Article 15.1 of the conhact to read as
follows:
8.4 CALLBACK - Should an employee be called for duty other thau the regular
shift, such employee shall receive one and one-half (l %) times his/her
hourly wage for work performed with a minimum of two (2) hours of
overtime pay. This shal! include street sweeping and anti-icing assignments
perflorrned outside of the regular workday. Call back time shall include
direct travel from hornc to work and work to home. tfthe employce receives
a work rclated telephone call at any time other than the scheduled shift
he/she shall receive ten dollars ($10.00) for such cal[. tf the employee is
called out they shall receive callback pay only. The telephone call pay shall
not apply to calls from SCADA. For purposes of this section, stand by duty
is not considered a "scheduled shift".
MOU
Page 2
TEAMSTIiRS NO. 589
Fuller,/Treasurer
C YOF ORCI{ARD
Ashby, Mayor
l5.l CIVIL LEAVE - Any necessary leave rnay be allorved by the director of the
department to permit any cmployec to servc as a mcmber of a jury or to
exercise his other civil duties. Each employee who is granted such leave and
rvlto, for the performance of the civil duties involved, received any
comp€nsation shall bc paid by the Employer for thc time they are absent,
The City does not require employees to remit payments forjury duty service
to the City, including for periods of paid leave. If an employee is summoned
for jury duty and the department dircctor dctcrmines it would adversely
impact Employer operations if the employee was on jury duty, then the
employee shall cooperate with the Employer in attempting to be excused
from jury duty. If the attempt to be excused from jury duty is unsuccessful,
then the employee will work with the Employer to change thc jury duty
dates to a time that does not significantly impact Employer operations.
,/*/rt ?-/'l
Date Date
Memorandum of Understandi ng
Amcnded to thc AGREEMDNT by and betrveen
CITY OF PORT ORCHARD, WASHTNGTON
and
TEAMSTERS LOCAL NO. 589
(Representing the Municipal Court Employees) dated
January 1,2019 through December 3 1,2021
THIS AMENDMENT is supplemental to the AGREEMENT by and between the CITY OF
PORT ORCHARD, WASI{INGTON (the "Ciry") and the TEAIVISTERS LOCAL NO. 589
(the "'feamsters") (representing the Municipal Court Employees), dated January 1,2019
through December 3 [ ,2021 .
WHEREAS, RCW 2.36.150 provides tlrat payrnents received by jurors from the court for
each day's attendance constitule "expensc payments"; and
WHEREAS, the City had previously adopted a City policy providing that employees who
receive such jury duty "expense payments" may keep the payment check; and
WHEREAS, the City did not make this administrative correction during contract
negotiations to establish a consistent practice across the City;
NOW THEREFORE, the CiU and the Teamsters have entered into this Memorandum
oFUndcrstanding ('MOU") to revise Arricle 15.1 of the contract to read as follows:
l5.l CIVIL LEAVE - Any necessary leave nray be allowed by the department
head to permit any employee to serve as a member of a jury or to exercise
his other civil duties. Each cmployee rvho is granted such leavc and who,
for the perfornrance of the civil duties involved, received any cornpensation
shall be paid by the Employer for the time they are absent. The City does
not require employees to remit payments for jury duty service to the City,
including for periods of paid leave. If an employee is summoned for jury
duty and thc depaftment director determines it would adversely impact
Employer operations if the ernployce was on jury duty, thcn thc cmployec
shall cooperate with the Employer in attempting to be excused from jury
duty. If the attempt to be excused lrom jury duty is unsuccessful, then the
employee will w'ork with thc Ernploycr to change the jury duty dates to a
time that does not significantly impact Employer operations.
TEAMSTERS I . s89 CI oF'RT ORCIIARD
B Ashby,ayor Pro-
Date
//eill reasurer
Date
/l-tq-/q
M cmorandurn of Understanding
Amended to the AGR"EEMENT by aud bctween
CITY OI? PORT ORCI[ARD, WASHINGTON
and
TEAMSTERS LOCAL NO. 589
(Representing the Police Support Staff) dated
January 1 ,201 9 througlr Decembe r 3 L, 2021
THIS AMENDMENT is supplemental to the AGREEMENT by and between the CITY OF
PORT ORCILARD, WASIIINGTON (the "City.') and the TEAMSTERS LOCAL NO. 589
(the "Teamsters") (representing the Police Support Statf), dated January 1,2019 througlt
December3l,202l.
WHEREAS, RCW 2.36,150 providcs that payrnents received by jurors frotn the court for
each day's attendonce constitute "expense paymcnts"; and
WHEREAS, the City had previously adoptcd a City policy providing that employees who
reccivc such jury duty "expense payments" may keep the payment check; and
WHEREAS, the City did nol make this administrativc corrcction during contract
negotiations to establislr a consistent praclice across the City;
NOW THEREFORE, the City and the Teamsters have entered into this Memorandum
of Understanding ("MOU") to revise Article I 5. 1 of the contract to read as follows:
l5.l CIVIL LEAVE - Any necessary leave may be allowed by the director of tlre
departmeut to pcrmit any ernployee to serye as a member of a jury or to
exercisc his other civil dutic.s. Each employee who is granted such leave and
who, for the performance of the civil duties involved, received any
compensation shall be paid by the Employer for the time they are absent.
The City does not require employees to remit payments forjury duty service
to the City, including for periods of paid leave. If an employec is summoncd
for jury duty and the department director determines it rvould adversely
impact Employer opcrations if the employee was on jury duty, then the
employee shall cooperate rvith the Employer in atternpting to be excused
from jury dul,y. Itthe attempt to be excused from jury duty is unsuccessful,
then the cmployee will work with the Employer to change the jury duty
dates to a time that does not significantly impact Employcr opcrations.
TEAMSTERS LOC NO.589 TY OF PO T ORCHARD
M ler, Secretary/Treasurer Ashby, Mayor Pro-T
ll-tQ-t!
Date
'%r/n
Date
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held November 12, 2019.
ORDINANCE NO. 051-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
APPROVING THE AGREED MODIFICATION OF A PROVISION CONTAINED
IN THE CITY’S COLLECTIVE BARGAINING AGREEMENTS WITH
TEAMSTERS LOCAL 589 REPRESENTING PUBLIC WORKS EMPLOYEES,
MUNICIPAL COURT EMPLOYEES AND POLICE SUPPORT STAFF;
PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN
EFFECTIVE DATE.
Copies of Ordinance No. 051-19 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 051-19 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, November 22, 2019