Loading...
022-22 - Teamsters Local No. 589-Municipal Court - ContractAGREEMENT BY AND BETWEEN CITY OF PORT ORCHARD, WASHINGTON /r► i1 TEAMSTERS LOCAL NO. 589 (Representing the Municipal Court Employees) JANUARY 1, 2022 THROUGH DECEMBER 31, 2025 TABLE OF CONTENTS - Update to the AGREEMENT By and Between CITY OF PORT ORCHARD and TEAMSTERS LOCAL NO. 589 (Representing the Municipal Court Employees) January 1, 2022 through December 31, 2025 ARTICLE TITLE PAGE ARTICLE I EXCLUSIVE BARGAINING REPRESENTATIVE.................................................3 ARTICLE 2 NONDISCRIMINATION..........................................................................................3 ARTICLE 3 UNION SECURITY ............................ ..... ...3 ............................................................... ARTICLE 4 RIGHTS OF MANAGEMENT..................................................................................4 ARTICLE S UNION AND EMPLOYEE'S RIGHTS ............. .............................. I ....... I ................. 5 ARTICLE 6 DISCHARGE & SUSPENSION................................................................................6 ARTICLE 7 GRIEVANCE AND ARBITRATION........................................................................7 ARTICLE 8 HOURS OF WORK AND WORKING CONDITIONS............................................7 ARTICLE 9 WAGES, LONGEVITY PAY....................................................................................8 ARTICLE 10 DEFINITIONS.... .............................................................................................. . ........ 9 ARTICLE I I HOLIDAYS..... ........................................................................................................... 9 ARTICLE12 VACATIONS........................................................................................................... 10 ARTICLE 13 SICK LEAVE..... .......... - ........ 1-1 ... — .... ... .............. I ................................................... I I ARTICLE 14 BEREAVEMENT.-... .......... ......................... .......... - ............................................... 12 ARTICLE 15 LEAVES OF ABSENCE.......................................................................................... 12 ARTICLE 16 HEALTH AND WELFARE..................................................................................... 13 ARTICLE 17 NO REDUCTION IN BENEFITS............................................................................ 14 ARTICLE 18 SAVINGS CLAUSE................................................................................................. 15 ARTICLE 19 NO STRIKE CLAUSE ........... ........ ......... ........ ....... ........................ I ...... ............ I ...... 15 ARTICLE 20 DURATION AND NEGOTIATION NOTIFICATION...........................................15 ARTICLE 21 TRAINING AND EDUCATION.............................................................................15 ARTICLE 22 COURT DECORUM............................................................. ....16 ........................ . APPENDIX"A".. .............. ....... ..................................... ................................ ....... _ .................. 17 APPENDIX"B"................................................................................................................................ 19 AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE 2 OF 20 CITY OF PORT ORCHARD/TEAMSTERS 4589 January 1, 2099 December 31, 2025 AGREEMENT BY AND BETWEEN CITY OF PORT ORCHARD AND TEAMSTERS LOCAL NO. 589 (Representing the Municipal Court Employees) January 1, 2077 through December 31, 2023 PREAMBLE THIS AGREEMENT, dated for reference purposes only the Ist day of January 2022, is entered into by the CITY OF PORT ORCHARD, WASHINGTON, MUNICIPAL COURT hereinafter the "Employer' or "City", and TEAMSTERS LOCAL NO. 589, hereinafter the "Union". ARTICLE I...................EXCLUSIVE BARGAINING REPRESENTATIVE 1.1 The Employer recognizes Teamsters Local No. 589 as the exclusive bargaining representative for all employee classifications as found in Appendix "A". This Agreement does not cover temporary employees, supervisors, department heads and any other City job classifications not listed in Appendix "A". ARTICLE 2...................NONDISCRIMINATION 2.1 The Employer and the Union agree that employment shall be consistent with applicable stale and federal laws regarding discrimination. If an employee pursues a complaint of unlawful discrimination to a federal or state government agency, the complaint shall not also be processed as a grievance under this Agreement. ARTICLE 3...................UNION SECURITY 3.1 Section I. Notification of New Hires The Employer agrees to notify the Union within five (5) working days when new employees are hired. Section 2. Dues Deduction Procedure Employees have the right to become a member of the union. The Employer shall deduct and transmit monthly those regular Union membership initiation fees, dues, and assessments from the pay of each employee who so authorizes the Employer in writing. In addition, the Employer shall provide the Union a list of employees and their respective Union -related deductions. The Union agrees to indemnify, defend and hold the Employer harmless against any and all claims, suits, orders and judgments brought against the Employer as a result of any payroll deduction made on AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE 3 OF 20 CITY OF PORT ORC14ARDITE•AMSTERS 9589 January I, 2022 December 31, 2025 the Union's behalf until such time as the authorizing employee revokes their authorization. The authorizing employee's dues deduction authorization shall remain in full force and effect until the month following a written notice revoking the same is executed by tite employee and delivered to the Employer with a copy to the Union. The Union may give the Employer thirty (30) days written notice to discontinue dues check -off. An employee on unpaid leave shall not be required to pay union dues. ARTICLE 4...................RIGHTS OF MANAGEMENT 4.1 Subject only to the terms and conditions of the Agreement all of management's inherent rights, powers, authority and functions, whether heretofore or hereafter exercised and regardless of the frequency of their exercise, shall remain vested exclusively in the Employer. Management's rights shall include, but not be limited to, the following: (1) The determination of Department policy, including the right to manage the affairs of the Department in all respects; (2) The right to assign working hours, including overtime; (3) The right to establish, modify or change work schedules, managing of facilities and equipment, including the amount of Facilities and equipment; (4) The right to direct the employees of the Department, including the right to hire, evaluate qualifications, evaluate skill and ability, promote, demote, suspend, layoff and discipline or discharge non -probationary employees forjust cause; (5) The right to organize and reorganize the Department in any manner it chooses, including the size ofthe Department and the determination ofjob classifications based upon duties assigned, except where such changes impact conditions of employment, wherein the Employer will notify the Union of its intent and offer the opportunity to bargain prior to the implementation by the Employer; (b) The determination of the safety, health and property protection measures for the Department in accordance with applicable statutes and regulations; (7) The selection, promotion or transfer of employees to supervisory or other managerial or technical positions; (8) The allocation and assignment of work to employees within the Department; (9) The determination of policy affecting selection or training ofemployees; (10) The scheduling of operations and determination of the number and duration of hours of assigned duty per week, except that the Employer will notify the Union of its intent and offer the opportunity to bargain prior to implementation by the Employer; (l 1) The establishment, modification and enforcement of Department rules, regulations and orders; AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE 4 OF 20 CITY OF PORT ORCHARD/TEAMSTERS 4589 January I, 2022— December 31, 2025 (12) The transfer of work from one position to another within the Department; (13) The introduction of new, improved or different methods and techniques of operation of the Department or changes in existing methods and techniques; (14) The placing of service, maintenance or other wort: with outside contractors or agencies of the Employer; (15) The determination of the number of classifications and the number of employees within each classification; and (16) The determination of the amount of supervision necessary. The failure of the Employer to exercise a management right, or its exercise of that right in a particular way, shall not create a vested right in the employee to a continuation of a past practice with regards thereto. 4.2 PROBATION - Employees shall serve a probationary period of (12) twelve months and shall have no seniority rights during that period. After twelve (12) months an employee's seniority date shall become the date on which the employee started the probation period. Probationary employees are employed at will and may be disciplined or discharged without cause. The Union may not question the dismissal ofany probationary employee nor shall the dismissal be the subject of a grievance. 4.3 PROMOTION -PROBATION - The probationary period for an employee who has been promoted to a new classification shall be six (6) months, if an employee's performance in the new classification is found to be unacceptable, the employee shall have the right to return to the position from which the employee was promoted. In the event an employee is found to be unacceptable in the new classification during the probationary period, the employee and the Union may not question the Employer's decision to return the employee to a previously held position, nor shall the Employer's action be the subject of a grievance. ARTICLE 5...................UNION AND EMPLOYEE'S RIGHTS 5.1 Duly authorized Union Representatives shall be permitted access to the properties of the Employer at reasonable times for the purpose of observing working conditions and transacting Union business, provided, however, that the Union Representative first secures approval from a designated Employer representative and that no interference with the work of employees or the proper operation of the Employer shall result. 5.2 The Employer agrees to provide bulletin board space for posting of official Union notices which shall be signed by a responsible agent of the Union. 5.3 The Union shall be permitted to establish a job steward. The duties of the job steward shall be to give the Union notice of new employees hired and to receive complaints which will be communicated to the business agent of the Union, who in turn may take the matter up with the Employer. The job steward may also sign up new employees. Union activities (except labor AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE S OF 20 CITY OF PORT ORCHARD/TEAMSTERS #589 January 1, 2022— December 31, 2025 negotiations) shall not be carried on during working hours. Labor negotiations shall occur at mutually convenient times. The participating employee shall be in a paid status during normal working hours, unless the Employer, in its sole discretion, decides otherwise. 5.4 Any employee receiving higher wages or enjoying more favorable conditions than provided for in this Agreement shall not suffer by reason of its signing or adoption. 5.5 The Employer shall deduct regular Union initiation fees and dues when presented an authorization card signed by the employee. 5.6 The Union will supply to the Employer, signed payroll deduction authorization cards for the payroll deduction of Union initiation fees and dues for the Employer's records. 5.7 Monies so deducted shall be mailed to the office of the Union on or before the tenth (I Oth) of each month, accompanied with a list of the employees and amount deducted. Deduction of dues shall be optional with the employee. The Union and each employee authorizing the assignment of wages for payment of Union dues hereby undertake to indemnify and hold the Employer harmless from all claims, demands, suits or other forms of liability that may arise against the Employer for or on account of any deduction made from the wages of such employee. 5.8 No employee shall be unlawfully discriminated against for upholding Union principles and any person who works under the instructions ofthe Union or who serves on a committee shall not lose their job or be discriminated against for that reason. 5.9 It shall not be a violation of this Agreement or cause for discharge of any employee who refuses to cross a legal, primary picket line in the performance of their duty, excluding emergency situations such as protection of life. safety, or property. ARTICLE6 ...................DISCHARGE & SUSPENSION 6.1 The Employer agrees that no non -probationary employee shall be disciplined without just cause. Whenever the Employer believes the employee has committed acts such as, but not limited to, dishonesty, drunkenness, improper use of controlled substances or abuse of medications whether prescribed or not, willful destruction of property or equipment, recklessness, repeal insubordination, gross insubordination, discrimination or harassment, or reporting for duty while under the influence of non -prescribed medications which may have an effect or side effect to be expected by the printed label or monograph which could impair the efficiency of their work, the employee may be subject to immediate termination from employment. 6.2 Non -probationary employees guilty of lesser infractions such as but not limited to, chronic lateness for work, careless work habits, misuse of equipment, or failure to observe Employer rules, shall be given a written warning notice, with a copy to the Union. Warning notices shall be used for progressive discipline purposes for a period of twenty-four (24) months. Employees receiving a second warning notice during the twenty-four (24) month period involving the reoccurrence of a previously warned incident or condition which remains in effect, may be subject to a suspension from work andlor termination from employment. In the event an employee receives a third warning notice for any reason, while any two warning notices of any complaint remain in effect, then such employee may be subject to a suspension from work andlor termination of employment. AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE 6 OF 20 CITY OF PORT ORCHARD. TEAMSTERS 6589 January I, 2022 - December 3 t, 2025 6.3 The Union shall have the right to investigate any notices involving the discharge, suspension or warning of any employee, and the option of proceeding with the grievance procedure as recognized under Article 7 of this Agreement for discipline of non -probationary employees. ARTICLE 7...................GRIEVANCE AND ARBITRATION 7.1 A "grievance" means a claim or dispute with respect to the alleged violation of the provisions of this Agreement. 7.2 Step I. A grievance shall be presented within thirty (30) calendar days of its alleged occurrence to the employee's immediate supervisor. The grievance shall contain the section of the Agreement allegedly violated, the facts, and the remedy sought. The supervisor shall issue a written response within fifteen (15) working days.. 7.3 Step 2. 1 f the employee(s) or the Union Representative istare not satisfied with the Step I response, the grievance may be presented in writing within fifteen (15) calendar days of receipt of the Step I response to the Judge who shall issue a written response within thirty (30) calendar days. 7A Neither the arbiter nor any other person or persons involved in the grievance procedure shall have the power to negotiate new agreements or to change any of the present provisions of this Agreement. 7.5 Step 3. If the Union is not satisfied with the Step 2 response, the Union may File a request for a list of nine (9) arbitrators from the Public Employment Relations Commission (PERC) within fifteen (15) calendar days of the Step 2 response. An arbitrator shall be selected by alternating strikes, the first strike to be determined by a flip of a coin. The decision of the arbitrator shall be final and binding on both parties. The cost of the arbitrator will he shared equally by the parties. Each party shall pay for its own representatives, including attorney's fees. ARTICLE 8...................HOURS OF WORK AND WORKING CONDITIONS 8.1 WORK HOURS - A maximum regular work week shall be forty (40) hours of work during the time period from 7:00 A.M. on Monday through 6:00 P.M. on the following Friday. The hours of work shall be set at the discretion of the Judge or designee. 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 a supervisor. 8.2.1 ....REST PERIODS - Employees are provided two 15-minute paid rest periods per regular full-time work shift, which are combined with the employee's meal break and taken at a time directed by the Judge or designee. 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. Employee working a part-time shift are provided one 15-minute paid rest period for every four (4) hours worked. AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE 7 OF 20 CITY OF PORT ORCHARD/TEAMSTERS 4599 January I, 2022 December31, 2025 8.2.2 ....MEAL BREAKS - Employees are provided one thirty -minute unpaid meal break for cacti regular full-time work shift, which is combined with their two paid rest periods and taken at a time directed by the Judge or designee. Employees working a part-time shift shall not be provided with a meal break. 8.3 OVERTIME - Compensable hours in excess of forty (40) hours in any one work week, shall be paid for at the rate of one -and -one-half (I-'/,) times the regular straight time hourly rate. 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-lialf(I -' i) hours for each hour of overtime. Scheduling of time to use the compensatory time shall be subject to approval of the employees' supervisor. I 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 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. 8.6 OUT OF CLASS PAY - There is no out of class pay unless employee is assigned to the position for more than thirty (30) calendar days, I st - 30th calendar days: no additional pay 31 st calendar day or more: 8% premium pay added to current hourly rate 8.7 TELEPHONE CALLS - Employees required to work remotely outside their regular shift without reporting for duty (for example, phone calls lasting more than 7'/i minutes) shall be compensated a minimum of fifteen minutes at the applicable hourly rate. Routine communications, such as for overtime opportunities or assignments, are not eligible for compensation under this provision, 8.8 If at any time, the Judge closes Municipal Court due to inclement weather or a state of emergency, employees will not be required to come to City Hall. The City will pay employees forthe equivalent time of their regular working hours for that day and they will not be required to use leave. Employees who are already at City Hall and are required to stay by the Judge or designee shall be credited the equivalent time of the closure into their vacation leave banks. The foregoing shall not apply to situations in which Municipal Court is closed to the public but remains open for employees to work. 8.9 Layoffs shall be made in the following order within the affected classification: (1) temporary employees and then (2) regular employees by inverse seniority. Seniority is defined as the employee's most recent date of hire into a position covered by this Agreement. Employees shall be provided not less than four (4) weeks written notice of layoff. ARTICLE 9................... WAGES, LONGEVITY PAY 9.1 All employees covered by this Agreement shall be classified and compensated in accordance with Appendix "A" attached hereto and considered part of this Agreement. As determined by the Employer, in recognition of previous work experience, the starting pay for newly hired employees may be set up to and including the point on the pay scale one step below the top of the scale. AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE 8 OF 20 CITY OF PORT ORCHARD/TEAMSTERS ##589 January 1, 2022 December 31, 2025 9.2 After completion oftwo (2) years full-time employment, an employee shall be eligible for longevity pay. Such longevity pay shall be the employee's base pay plus one -quarter of one percent (,25%) for each additional year of employment. Each longevity pay increase shall commence in the pay period that the employee's anniversary date of employment occurs as calculated by the payroll software, and each longevity increase shall be calculated on the base pay for the position held by the employee. Employees hired after February 12, 2001 shall not be entitled to longevity pay. ARTICLE 10.................DEFINITIONS 10.1 DEFINITIONS - In construing the provisions of this agreement, the following definitions shall apply: 10.2 A "full-time employee" is any person employed by the Employer who is scheduled to work forty (40) hours per week on a year-round basis. 10.3 A "part-time employee" is any person employed by the Employer for less than forty (40) hours per week. 10A A "temporary employee" is any person employed by the Employer for not to exceed six (6) months duration. The employee will be considered "full time" or "pan-tirne" when their continuous service exceeds six (6) months. ARTICLE I I.................HOLIDAYS 11.1 All full-time employees shall be entitled to observe the following holidays with pay: the first day of January, commonly called New Years Day; the third Monday of January, being celebrated as the birthday of Martin Luther King. Jr.; the third Monday of February, being celebrated as the anniversary of the birth of George Washington; the last Monday of May, commonly known as Memorial Day; the nineteenth day of June, commonly known as Juneteenth; the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, known as Labor Day, the eleventh day of November, known as Veteran's Day; the fourth Thursday of November, known as Thanksgiving Day; the day after Thanksgiving; the twenty-fifth day of December, commonly called Christmas Day. Part-time employees will receive a pro -rasa portion of pay for holidays provided for in this section. 11.2 All full-time employees shall receive sixteen (16) hours of personal holidays each year to be used by the employee; provided: The employee has been or is scheduled to be continuously employed by the Employer for more than four (4) months, and the employee has given not less than fourteen (14) calendar days written notice to the supervisor; provided, however, the employee and the supervisor may agree upon an earlier date, and the number of employees selecting a particular day off does not prevent the Employer from providing continued public service. Part-time employees will receive a pro-rata portion of pay for holidays provided for in this section. The personal holidays must be taken during the calendar year or entitlement to that day will lapse, except when the employee has scheduled a personal holiday for use by December 31 and the request AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE 9 OF 20 CITY OP PORT ORCHARD.'TEAMSTERS #599 January 1, 2022 December 31, 2025 has been denied due to business needs of the Employer, in which case it must be used by March 31 of the following year. 11.3 Whenever a recognized holiday falls on a Saturday, the holiday will be observed on the preceding Friday. Whenever a recognized holiday falls on a Sunday, the holiday will be observed on the following Monday. ARTICLE 12.................VACATIONS 12.1 VACATION ACCURAL Vacations should be scheduled in order to minimize disruption to City operations. Leave requests should he submitted through Employee Self -Service Module as far in advance as possible (and at least two weeks) prior to taking vacation leave. Vacation requests will be granted or denied based upon City operational needs as determined in the supervisor's discretion. All full-time employees will accrue vacation leave on a prorated monthly basis as follows: Year I: (80 hours) a year Year 2: (88 hours) a year Year 3: (96 hours) a year In addition, each year on the employee's anniversary date, after three (3) full years ofemployment. 8 hours of vacation will be credited to their vacation account. After each additional year of employment, the employee shall be entitled to an additional bonus of 8 hours of vacation leave. The total vacationtbonus accrual shall not exceed thirty (30) days, or 240 hours. 12.2 ACCUMULATION OF VACATION LEAVE - Part-time employees shall have their vacation leave prorated on the basis of two thousand and eighty (2,080) hours per year (full-time employment). Vacation leave shall be accrued and recorded on a monthly and or calendar year basis in the same manner as provided in the vacation accrual section. 12.3 The Department Director has the discretion to allow an employee advance vacation leave that has not yet been accrued at any time during the year. 12.4 After the first full calendar year of employment, each employee must use at least one week (five (5) consecutive days) leave each calendar year for vacation purpose. 12.5 An employee, as defined herein, shall receive leave pay for any portion of vacation earned, but not taken, upon leaving the employ of the Employer (including for the reasons of voluntary termination and death of the employee); provided, however, that in case of voluntary termination, the employee shall have given at least fourteen (14) calendar days' notice of such termination before being entitled to receive such pay. Upon date of termination the employee shall receive compensation for all bonus vacation leave prorated from the last anniversary date_ 12.6 Holidays observed during an employee's vacation period shall not be counted as vacation leave taken. AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE 10 OF 20 CITY OF PORT ORCFIARD'TEAMSTERS #589 January I, 2022 Dcrember31, 2025 12.7 An employee may carry over a maximum of two hundred forty (240) hours of vacation effective January 1 ofeach year. All other accrued vacation not used by the end ofeach year will be forfeited, except when accrued vacation is not used due to the convenience of the Employer, the employee will be paid in cash at the end of the year. No employee shall be eligible to receive this cash payment, however, for any vacation leave which was not previously scheduled prior to December ". Upon termination, vacation pay shall not exceed two hundred forty (240) hours. If an employee has accrued annual leave in excess of two hundred and forty (240) hours, the employee may request to be continued on the payroll for the lime equivalent to the amount of time in excess of two hundred forty hours of accrued vacation leave. 12.8 Upon promotion or transfer to a City position not covered by this Agreement, the employee may roll over accrued and unused vacation up to the cash out maximum in this Agreement (i.e., 240 hours) or the maximum vacation accrual limit applicable to the new position, whichever is higher. 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 City of Port Orchard policies. Such sick leave for full-time employees shall accrue at the rate of one (1) day (8 hours) for each calendar month of employment and i F not used shall accumulate to a maximum of one 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. Effective the first full pay cycle after January I, 2022, or the First full pay cycle after ratification of this Agreement by both parties, whichever is later, sick leave for full and part-time employees shall accrue at the rate of 0.0462 per regular paid straight time hour (up to a maximum of 3.70 hours afsick leave per pay period) and if not used shall accumulate to a maximum carryover from one calendar year to the next of nine hundred and sixty (960) hours. 13.2 Sickness shall be reported by the employee at the beginning of any period of illness to the Court Administrator or designee. 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 lime -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. AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE 1 I OF 20 CITY OF PORT ORCHARD TEAMSTERS 4589 January 1, 2022 December 31, 2025 (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 ofthe policy shal I be Fifty Thousand and no/100 Dollars ($50,000.00). To he 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.04.1 15, effective January I, 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 accrual limit applicable to the new position. ARTICLE 14.................BEREAVEMENT 14.1 Employees shall be allowed up to twenty-four (24) hours of paid bereavement leave for death in the immediate family upon approval and authorization of the Judge or designee. For travel out of state an employee shall receive, subject to the approval of the Judge or designee, an additional sixteen (16) hours of paid bereavement leave. Part-time employees will receive a pro -rats amount of bereavement leave. 14.2 For purposes of paragraph 14.1 above, "immediate family" means the employee's spouse (or Washington State registered domestic partner as defined by Chapter 26.60 RCW), their children and/or step -children, and both the employee's and the spouse's/domestic partner's sister, brother, grandmother, grandfather, mother, father, mother-in-law, and father-in-law, as well as any "step or foster' relation and any other familial inhabitant of the employee's household. If an employee would like to attend the funeral of an individual not listed in this section, upon approval and authorization of the Judge or designee, the employee may do so either by using accrued vacation leave, or if the employee has no vacation leave available, leave without pay. The amount of leave set forth in section 14.1. above, will apply. The provisions of Section 15.3 requiring exhaustion of paid leave before leave without pay will not apply to Article 14. ARTICLE 15.................LEAVES OF ABSENCE 15.1 CIVIL LEAVE - Any necessary leave may be allowed by the Judge or designee to permit any employee to serve as a member of ajury or to exercise his other civil duties. 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 AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE 12 OF 20 CITY OF PORT ORCHARD/TEAMSTERS 4589 January I, 2022 December31, 2025 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 the Judge or designee determines 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 or rescheduling the jury duty. 15.2 MILITARY LEAVE - Paid military leave shall be provided in accordance with RCW 38.40.060. 15.3 LEAVE WITHOUT PAY - Leave without pay may be granted at the discretion of the Judge or designee. Such leave will be granted only after all sick leave, if applicable, vacation and compensatory time has been exhausted and under no circumstances in excess of ninety (90) calendar days. Leave without pay shall not be granted for the purpose of the employee accepting other temporary employment or to gain personal advantage or profit, During an authorized leave without pay, the employee shall not receive any benefits nor shall they continue to accrue seniority. Nothing herein is intended to supersede the employee's rights under applicable State or Federal Leave Law. This paragraph does not apply to leaves of absence while an employee is on Washington Paid Family Medical Leave. 15.4 UNAUTHORIZED ABSENCE - Unauthorized absence from duty for three (3) consecutive working days shall constitute grounds for dismissal. ARTICLE 16.............HEALTH AND WELFARE 16.1 MEDICAL COVERAGE - Subject to the remaining terms of this Article 16, the Employer will provide health insurance coverage through the Association of Washington Cities (AWC) provided that the employee has been compensated for 40 hours or more in the preceding month. Coverage will end in the month of separation, provided that the employee has been compensated for 40 or more hours in the preceding month. 16.2 DENTAL COVERAGE - The Employer shall provide Teamsters Plan A Dental through the Washington Teamsters, for the employee, spouse and dependents. 16.3 VISION COVERAGE - The Employer shall provide Vision Plan, Extended Benefits through the Washington Teamsters for the employee, spouse and dependents. 16.3.1 ..All employees that have Dental Plan "A" and Vision Plan "EXT" through Washington Teamsters Welfare Trust must meet the eligibility threshold and be compensated for at least forty (40) hours per month to qualify for the above benefits as per the Trust's operating guidelines. If the employee does not meet the eligibility requirement, then they are not entitled to the benefits or alternative compensation for the same. 16.4 The Employer shall have the right to change the health and welfare insurance company and/or plan so long as the medical premium impacts to the employee are cost neutral and the benefits in the new plan are substantially the same as the benefits in the plan in effect at the time the plan change is to be implemented. The term "cost neutral" is to be used in the context of employee monthly medical premiums. Employee medical premium amounts are listed in Appendix B of this Agreement. "Cost neutral" means that the employee medical premiums will not he increased above the fixed amounts that would have been calculated under the previous plan's allocation in the event the Employer elects to change health and welfare insurance plans or companies AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE 13 OF 20 CITY OF PORT ORCHARD.TEAMSTERS 4589 January I, 2022 December 31, 2025 16.4.1 Employees shall be responsible for paying a portion of the total monthly premium for the subject medical plan by payroll deduction as shown in Appendix B. 16.4.2 The parties acknowledge the Employer's current health and welfare plans. If the total cost of monthly premiums for said plan increase by more than twenty-five percent (25%), the parties shall meet and confer. The Employer and the Union each reserve the right to reopen negotiations relating to health care to bargain over the impact of any changes to Article 16 of this Agreement, whether such changes are necessitated by the requirements of the Affordable Care Act, or any changes thereto, or otherwise. 16.4.3 MEDICAL BENEFITS FOR PART-TIME EMPLOYEES WORKING MORE THAN 20 HOURS A WEEK AND AN AVERGE OF LESS THAN 30 HOURS PER WEEK- Subject to the remaining terms of this Article 16, for part-time employees the Employer will pay 50% of the medical insurance premium as specified above for the employee only if the employee elects to pay 50% of the premium by payroll deduction. The employee may elect to purchase medical insurance coverage for their spouse and/or dependents at their own expense by payroll deduction. 16.5 14RA VEBA CONTRIBUTION FOR NON -PARTICIPANTS - if a full-time employee who is otherwise eligible to participate in the Employer's medical care coverage as provided in this Article 16 elects to waive such coverage (and provided the related insurance companies involved allow for such waiver) Employer shall contribute live hundred dollars (S500) per month towards an 14RA VEBA account established for such employee in lieu of such medical care coverage. The HRA VEBA contribution shall be made directly into the applicable account, in accordance with the Employer's normal payroll processes, at the end of the last payroll period of the applicable month. Such contribution shall only be made for those frill months in which the employee's waiver is in effect, no prorated contribution for partial months shall be made. Employees who waive the Employer's group medical care coverage may not be eligible to return to such medical coverage until open enrollment periods as outlined by the insurance carrier. Employees waiving coverage are subject to verification for waiver eligibility as requested by the Employer. In the event, in an open enrollment period, the number of potential waivers exceeds the available capacity, there will be a lottery for the available spots. Participants will not be unenrolled from their medical plan until the City has verified that the employee is eligible to waive their participation in the Employer's group medical care coverage. 16.6 Effective on or after January 1, 2022. the City will pay for an Accidental Death and Dismemberment (AD&D) policy covering all employees under this Agreement. To be eligible for this benefit, the employee must work thirty (30) or more hours per week and meet all other eligibility requirements. ARTICLE 17.................NO REDUCTION IN BENEFITS 17.1 No ordinance granting any employee a benefit shall be changed during the term of the Agreement which would reduce the benefits to the employees for the duration of this Agreement, unless agreed upon in writing by the parties_ AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE 14 OF 20 CITY OF PORT ORCHARD/TEAMSTERS #589 January 1, 2022— December31, 2025 ARTICLE 18.................SAVINGS CLAUSE 18.1 Should any provisions of this Agreement be found to be in violation of any federal or state law, or declared invalid by a court action, all other provisions ofthis Agreement shall remain in full force and effect for the duration of this Agreement. The Employer and the Union agree that any invalid provision of this Agreement shall be modified through collective bargaining prior to the expiration of this Agreement. All language in this Agreement will remain [lie same from year to year while this Agreement is in effect unless either party to the Agreement negotiates a change in the current language. ARTICLE 19.................NO STRIKE CLAUSE 19.1 Per RCW 41.56.120, public employees are not permitted the right to strike or refuse to perform their assigned duties, and Local #589 shall so counsel its members. 19.2 Any employee violating this article shall be subject to immediate discharge or other disciplinary action as determined appropriate. ARTICLE 20.................DURATION AND NEGOTIATION NOTIFICATION 20.1 This Agreement shall become effective when signed by both the Union and the Employer and remain in full force and effect from January 1, 2022 through December 31, 2025. Should either party to this Agreement wish to commence collective bargaining discussion over any changes they wish to introduce into a subsequent agreement, it is agreed that notice of such party's desire to open collective bargaining discussion should be sent to the other party not more than one hundred and eighty (I80) days or less than one hundred and fifty (150) days prior to the tenmination date of the Agreement, and all efforts will be made to complete negotiations no later than thirty (30) days prior to the termination date. Both parties, after such notice has been given, shall forthwith seek establishment of a meeting for the purpose of discussion and negotiation of desired changes. 20.2 In the event that neither party provides such notice within the time period stated herein, the provisions of this contract shall remain in effect alter December 31, 2025, for a period of one (l ) year. ARTICLE 21................TRAINING AND EDUCATIONAL INCENTIVE PAY 21.1 Municipal Court employees shall be eligible to receive the educational incentive pay of 1% of base pay per hour. The employee must: ( I ) Have an associate degree from an accredited college or university in an eligible course of study; or AGREEMENT" (MUNICIPAL COURT EMPLOYEES) PAGE 15 OF 20 CITY OF PORT ORCHARD/TEAMSTERS #589 January 1, 2022 December 31, 2025 To receive the educational incentive pay oft%of base pay per hour, the Municipal Court employee must: (2) Have a bachelor's degree from an accredited college or university in an eligible course of study. The member must provide an official transcript and diploma. 21.2 Educational incentive pay is subject to a requirement that the degree be relevant to the employee's position in the Employer's judgment, effective January I, 2022. ARTICLE 22................COURT DECORUM 22.1 Judges are admonished by the Code of Judicial Conduct to be "patient, dignified, and courteous to litigants, jurors, witnesses, lawyers," and others with whom they deal in their official capacity. Additionally, Judges must perform judicial duties without bias or prejudice. 22.2 These principles apply to all those who are a part of the Court, as all play an important role and are seen by the public as representatives of the Judge and the judicial system. The Judge must require and enforce the highest level of professionalism both within and outside the courtroom - a level of professionalism to which the Judge as well as the staff should be held. 22.3 The Judge must provide a workplace atmosphere that encourages individual growth and development, i.e., by having employees who are willing to follow the rules, work hard, be respectful of each other and be part of an environment which ensures efficient operation of the Court. That is the obligation owed to the public by the Judge and is an obligation shared by stab. IN WITNESS WHEREOF, the parties hereto have set their hands on this fdr_._f day of [esn t/ 2021, CITY OF PORT ORCHARD PORT ORCHARD TEAMSTERS LOCAL 4589 MUNICIPAL COURT ROSERT PUTAANSUU [ION, TIIM DRU MARK FULLER MAYOR MUNICIPAL C RT JUDGE SECRETARY TREASURER ATTEST: nd Rinearson, MMC, City Clerk AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE 16 OF 20 CITY OF PORT ORCHARD: TEAMSTERS 4589 January 1, 2022 December31, 2025 APPENDIX "A" TO THE AGREEMENT BY AND BETWEEN CITY OF PORT ORCHARD AND TEAMSTERS LOCAL NO. 589 (Representing the Municipal Court Employees) January 1, 2022 through December 31, 2025 Rates of pay shall be as follows: Effective the first full pay period after January 1, 2022, or the first full pay period following ratification of this Agreement by both parties, whichever occurs later, base wages shall be increased by 4% and are represented below. Step Years Lead Clerk Court Clerk 7 5 years 3521 29.72 6 4 years 34.17 28.86 5 3 years 33.19 28.02 4 2 years 32.22 27.21 3 1 year 31.27 26.41 2 6 months 30.35 25.65 1 Starting Pay 29.46 24.89 Effective the first full pay cycle after January 1, 2023 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, 2021 to June, 2022, 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 four percent (4%), Effective the first full pay cycle after January 1, 2024 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, 2022 to June, 2023, 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 (l%) nor more than four percent (4%). 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 AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE 17 OF 20 CITY OF PORT ORCHARD/TEAMSTERS #589 January 1, 2022 December 31, 2025 Bureau of Labor Statistics, United States Department of Labor; provided, however, the COLA increase shall not be less than one percent (I %) nor more than five percent (5%). Employees are eligible to move from Step 1 to Step 2 after six months of employment. An employee moving from Step I to Step 2 after six months be eligible to move from Step 2 to Step 3 after completion of another six months of employment. In all other cases, employees will work 12 months at each step before being eligible to advance to the next step until the top of the scale is reached. AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE 18 OF 20 CITY OF PORT ORCHARD/TEAMSTERS #589 January 1, 2022— Decembcr 31, 2025 APPENDIX''B" TO THE AGREEMENT BY AND BETWEEN CITY OF PORT ORCHARD AND TEAMSTERS LOCAL NO. 589 (Representing the Municipal Court Employees) Medical Benefits for Full -Time or Part -Time Employees working an average of 30 or more hours per week: Employee Premiums for AWC Medical Insurance Plans Employees shall be responsible for paying a portion of the total monthly premium for the subject medical plan by payroll deduction as shown in the table below. Ralf of the employee's portion shall be deducted from the first paycheck in the month and half shall be deducted from the last paycheck in the month. The employees' share of the monthly premium shall be based on a numeric percentage of the total cost of the monthly premium for the subject plan (including the cost to insure dependents, if applicable). Plan Name Employee Portion of Monthly Premium Employer Portion of Monthly Premium AWC HealthFirst 250 10% 90% Kaiser Permanence 200 10% 90% Re Bence Hi �h Deductible 0% 100% Kaiser Permanent Hi�h Deductible 0% 100% Part-time employees working an average of less than 30 hours per week will be provided medical insurance in accordance with Article 16.4.3 of this Agreement. AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE 19 OF 20 CITY OF PORT ORCHARDITEAMSTERS #589 January I, 2022 December31, 2025 HRANEBA: Effective the first full pay period after January I, 2022, or the first full pay period after ratification of this Agreement by both parties, if later, the following contributions shall be made. For those full-time or part-time employees working an average of 30 hours or more per week who are offered and enroll in one of the medical insurance plans listed in this Appendix, the employer shall contribute to the employee's HRAVEBA account for each covered month the amount shown below, The employee shall be responsible for all fees charged by HRAVEBA for their respective account. AWC Health First 250 AWC Regence High Deductible Plan AWC Kaiser Permanente 200 AWC Kaiser Permanente High Deductible Plan Employee Only 35.00 100.00 30.00 50.00 Employee + Spouse 55,00 200.00 60.00 100.00 Em is ee,-Spouse, I Dependent 75.00 300.00 65.00 150.00 Em la ee, Spouse. 2 or more Dependents 80.00 400.00 80.00 200.00 Employee and 1 Dependent 55,00 200.00 60.00 100.00 Employee and 2 or more Dependents 75.00 300.00 65.00 1 150.00 Well City Incentive Program: For those eligible employees who are offered and enroll in an AWC medical insurance plan: The City participates in the AWC Well City Wellness Program. Each year AWC awards a discount off medical premiums for cities that participate and receive the Wellness Award. The City encourages employees to participate in wellness activity throughout the year to promote health and wellness. Those employees who are enrolled on an AWC medical insurance plan through the Employer as of December 31 of the year for which the Well City award is based will be eligible for a wellness incentive bonus to be deposited to their established I -IRA VEBA account. (For example, an employee enrolled in AWC medical insurance on December 31, 2021, is eligible for the incentive paid in 2022 provided that the City earns the Well City Award.) The employee shall be responsible for all fees charged by I -IRA VEBA for their respective account. The employer shall deposit $100 for each eligible employee as described above on an annual basis. Well City Incentive payments will be paid to employees who remain employed on the day the payment is paid. AGREEMENT (MUNICIPAL COURT EMPLOYEES) PAGE 20 OF 20 CITY OF PORT ORCHARD/TEAMSTERS #589 January 1, 2022- December 31, 2025 Memorandum of Understanding Amended to the AGREEMENT by and between CITY OF PORT ORCHARD. WASHINGTON and TEAMSTERS LOCAL NO. 589 (Representing the Municipal Court Employees dated January 1, 2022 through December 31.2025 THIS AMENDMENT is supplemental to the COLLECTIVE BARGAINING AGREEMENT by and between the CITY OF PORT ORCHARD. WASHINGTON (the "City") and the TEAMSTERS LOCAL NO. 589 (the "Union") (representing Municipal Court Employees). dated January I. 2022 through December 31. 2025. WHEREAS. the 2022-2025 collective bargaining agreement between the parties provides for bi-weekly deductions of the employee's portion of insurance premiums: and WHEREAS. the City pays bi-weekly. resulting in 26 paychecks in a typical year. which means in some months employees receive three paychecks: and WHEREAS, insurance premiums are set up by the payroll system to be deducted evenly between two paychecks each month; and WHEREAS. (lie City desires to clarif) contract language to align deductions with pa) roll's desired hi -weekly deduction schedule; NOW TI IEREFORE. the City and the Union agree as follows: 1. On the effective date of this MOU. Appendix B of the collective bargaining agreement ("CBA") between the City and the Union representing Municipal Court Employees shall be modified as follows: Employee Premiums for AWC Medical Insurance Plans Employees shall be responsible for paying a portion of the total monthly premium for the subject medical plan by payroll deduction as shown in the table below. Half of the employee's portion shall be deducted from theifsteach paycheck in the month. eR hal he ded-upied ffem the last pa) .,.h.,, k iR tl.om� In months with three (3) aavcliecks. the deductions will be taken from the second and third checks in the month. In the case of new emoloyees or chanties to the number or tvaes of family members insured additional deductions may occur to tile emnlovec. The employees' share of the monthly premium shall be based on a numeric percentage of the total cost of the monthly premium for the subject plan (including the cost to insure dependents, if applicable). 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 Robert Putaansau Mayor 5 /25 /22, Date PORT ORCHARD MUNICIPAL COURT 7 Hon. Tim Drury Municipal Court Kdge Date TEAMSTERS LOCAL #589 Mark Fuller Secretary Treasurer `&/aa Date