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040-18 - Ordinance - Rafitying Collective Bargaining Agreement Representing Municipal Court EmployeesoRDTNANCE NO. 040-18 AN ORDINANCE OF THE C TY OF PORT ORCHARD, WASH NGTON, RATIFY NG A COIIECT VE BARGAINING AGREEMENT WITH THE TEAMSTERS TOCAL NO. 589, REPRESENT NG THE MUN CIPAL COURT EMPLOYEES; PROV D NG FOR SEvERABltlw AND PUBL CATION; AND SETTING AN EFFECT VE DATE. WHEREAS, the City's Municipal Court Employees are represented by Teamsters Local No. 589 (the "Teamsters"); and WHEREAS, the current Collective Bargaining Agreement with the Teamsters expires on December 3L,2OL8; and WHEREAS, the City's negotiating team has reached a tentative Agreement with the Teamsters for a new three (3) year contract and the City's negotiating team has recommended that the Council ratify the tentative Agreement; and WHEREAS, the Municipal Court Employees have ratified the Agreement; and, WHEREAS, the Council has reviewed the proposed Collective Bargaining Agreement and finds it is in the best interests of the City and its employees to ratify the Agreement; now, therefore; THE C TY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDA N AS FOLLOWS: The City Council hereby ratifies the tentative Collective Bargaining Agreement reached between the negotiating teams for the Teamsters representing the Municipal Court Employees and the City as attached hereto as Exhibit A, and the Mayor is hereby authorized to execute the same. 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. sEcT oN 3.Public ation.This Ordinance shall be published by an approved summary consisting of the title. SECT ON 4. Effective Date. This Ordinance shall take effect and be in ful! force and effect five days after publication, as provided by law. Ordinance No. 040-18 Page 2 of 2 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 18th day of December 2018. 4 ATTEST: Robert Putaansuu, Mayor SPONSOR: J n Clauson Councilmember = : SE,AL ,/ L Rinearsoh, MMC, City Clerk APPROVED AS TO FORM: Cates, City Attorney n v PU BLICATION : EFFECTIVE DATE: Decemb er 2L,2OL8 Decemb er 25, 2Ot8 a a g.P oQ a I 2 AGREEMENT BY AND BETWEEN CITY OF PORT ORCHARD, WASHINGTON AI{D TEAI4STERS LOCAL NO. 589 (Representing the Municipal Cotrrt Employees) JAhIUARY I, 2OI9 THROUGH DECEMBER 31 ,2021 TABLE OF CONTENTS to the AGREE By and Between CITY OF PORT ORCHARD and IEAMS]ERS LOCAL NO. 589 @epresenting the Municipal Court Employees) January l, 2019 through December 31,2021 ARTICLE I ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICTE t ARTICLE 9 ARTICLE IO ARTICLE I I ARTICLE 12 ARI]CLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICI^E 17 ARTICTE 18 ARTICLE 19 ARTICLE 20 ARTTCLE 2I ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 ARTICLE 26 ARTICLE 27 ARTICLE 28 ARTICLE 29 APPEhIDD('A" APPENDX *8" SHOP STEWARDS MISCELLAT.IEOUS t4 t4 AGREEMENT (MT'NICIPAL COURT EMPLOYEES) CIry OF PORT ORCHARD/TEAMSTERS #589 January l,20lY December 31, 2021 PREAIvTBLE AGREEMENT BY AI.ID BETWEEN CITY OF PORT ORCHARD A}ID TEAI\{STERS LOCAL NO. 589 (Representing the Municipal Coun Employees) January 1, 2019 through December 31 ,2021 TIIIS AGREEMENT, dated for rcference purposcs only the lst day ofJanuary 2019, is entered into by the CITY OF PORT ORCHARD, WASHINGTON, hereinafler fte "Employer', and TEAI{STERS LOCAL NO. 5t9, hereinafter the "Union'. ARTICLE I ...................... EXCLUSTVE BARGAINING REPRESENTATTVE l-l The Employcr recognizes Teamsters l,ocal No. 5t9 as the cxclnsivc baqgaining rcprcscntativc for all cmployee classilications as found in Appendix "A". This Agreement does not cover temporar5r employees, superuisors, deprrtmcnt heads and any othcr Cityjob classifications not listed in Appendix 'A'. ARTICLE 2 ...................... NONDISCRIMINATION 2.t The Employer and the Union agree that cmploymcnt shall bc consistent with applicable state and fedcral laws regard ing discriminalion- ARTICLE 3 .. _............-...... r.rMON SECURTTY 3.1 Sectioo l. Notilicrtion of New llircs The Employer agnces to notify the Union within live (5) working days when new emptoyees ane hired. The Employer shal deduct and transmit monthly those regular Union membership initiation fees, dues, and assessments from th. puy of each employee who so aulhorizes the Employer in writing. In additioq the Employer shatl provide thc Union a list of employees and their rcspcctive Union-related deductiors. Thc Union agrces to indemnify, defcnd and hold the Employerharmless against any and all claims, suitg orrders aodjudgnents brought against the Employer alr I tesult of any palrroll deduction made on the Union's behalf until such time as the authorizing employee revokes their authorization. The authorizing employee's ducs deduction authorization shall rernain in full force and effect until the month following a wrine'n notice revoking the same is executed by Oe employee and delivered lo the Employer with s copy to the Union. The Union may give the Employer thirty (301 days written notice to discontinue dues check-olf,, AGREEMENT (IUI-JMCIPAL COURT EMPLOYTES) CITY OF PORT ORC}IARD/TE,AIvISTERS #5t9 Jannary l, 20lF December 3l,,2OZl ARTICLE 4 ...................... RIGHTS OF MANAGEMENT 4.1 Subject only to the terms and conditions of the Agreement all of managemcnl's inherent righs, powers, authority and functions, whe(her heretofore or hereaftcr exetrised and regardless of the frequency of their exercise, sball remain vested exclusively in the Employer. Management's rights shall include, but not be limited to, the following: (l) S""ffHnation ofDepartment policy, including the right to murage the affairs oflhe Departuent in @ The right to assign working hours, including overtime; (3) The right to cstablish, modi$ or changc twrk schedulcs, managing of facilities and equipmen! including lhe amount of facilities and equipment; (4) ffiffi:fi,t'ffi'ff ,u?,:ffi:t;"?::ffi,ti ffi].$tr h:#L':].ffii['"f#jl;ff (5) Thc right to organizc and roryanize the Department in any manner it chooses, including the sizc ofthe Deparlrnent and the determination ofjob classifcatioru and rank based upon duties assigned, except yhere such changes impact conditions of cmployment, wherein the Employer will notify the Union of its intent and olfer thc opportrurity to bargain prior to the implementation by the Employcr; (6) H*T*i[:h',,:.$t#;*1[#:r::?ertv protection measures ror the Deparlment in (7) The selectioq promotion or transfer of employees to supervis{rry or other managerial or technical positions; (8) The allocation and assignment of work lo employees within the Department; (9) The deternrination of plicy alfcrting selcction or training of anployes; (10) Thc schcduling of operations urd deterrrination of the number and duration of hours of assigned duty per weelg except that the Employer will noti$ the Union of its intent and offer the opportunity to baryain prior to implemenlation by thc Employcr; (l l) The esublishrnent, modification and enforcement of Department rules, rcgulations and orders; (12) The transferofrryork from one position to anothcrwilhin the Dcpanmcnq ( r 3 ) T:#H;'::;ffi'.1ilffi ;i "J.flffiT11 methods and techniques or operation o r the Departmcnt ( I 4) The placing ofsenrice, mainterrance or olher *ork with outside contractors or agencies of the Employer; (15) The determination of the number of classifications and thc number of crnployees within cach classification; and (16) Thc dcte,rmination of the amount of supervisioo necessaqr- The failure ofthe Employer to exercise a management right, or its exercisc of lhat right in a parlicularuay, shdl not crcare a vested right in thc Employec to a continuation of a past practice with rcgards thereto. AGREEMENT $/ftJMcIPAL COURT EMPLOYEES) CITY OF PORT ORCHARD/TEAMSTERS #J89 Jannary 1,2019- December 31,2021 PROMOTION-PROBATION - The probationary period for an employee who has been promoted to 8 new classification shall be six (6) months. If an employee's performance in the new classification is found to be unaccephble, the employee shall have thc right to return to fte position from which the cmploycc was pmmoted. 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 Employe/s decision to rcturn the cmployee to a previorsly held position, nor shall the Employc/s action be thc subjcct of a grievance. ARTICLE 5 ...................... UMON AI{D EMPLOYEE'S RIGT{TS 5.1 Duly authorized Union Rcprescntatives shal be permitted access to the properties of the Employer at rcasonable times for the purpose of obsenring working conditions and transacting Union business; provided, howevcr, that the Union Represenlative first securqi approval from a designated Employer reprrsentativc and that no interfercncc with thc work of employees or lhe proper opcration of Ore Employer shall rcsult. 5.2 Tbe Employer agrees to provide bulletin board space for posting of oflicial Union notices which shall be signcd by a rcsponsible ugcnt of the Union. 5.3 The Union shall be permitted to establish a job steward. The duties of the job stcward shall be to give the Union notice of ncw employees hired and to receive complaints which witl bc communicated to lhc busincss agcnt of the Union, who in lurn may take the matter up with the Employer. Thc job stcward may alrc sign uP new employccs. Union activities (except labor negotiatioru) shall not be canied on during working hours. Labor negotiations shall occur at mutually convenient times. Tbe parricipating employee shall be in a paid status during normal working houq unless the Employer, in ils solc discretion, decides otherwise. 5.4 Any employee receiviog bigher wages or cnjoying morc favorabh conditions than provided for in this Agrccrncnt shsll not suffcr by reason of ic signing or adoption. 4.2 4.3 5.5 5.6 5.7 5.t 5.9 PROBATION - Employees shall serve a probationary period of (12) twelve months arrd shall have no seniority tighs during that period. A.ftcr twelve (12) months an employec's scniority &te shall become the date on which thc employce startcd the probation pcriod. The Union may not question the dismissal ofany probationary employee nor shall the dismissal be the subject ofa grievancc. The Employer shall deduct regular Union initiation fees and dues when prcsented an authorization card signed by the employee. The Union will supply to thc Employer, signed paSrroll deduction authorization cards for the payoll deduction of Union initiation fecs and dues for thc Employeds records. Monies so deducted shall be mailed to the ollice of the Union on or before the tenth (lOth) of each month, accompanied with a list of the employees and amount deducled. Deduction of dues shall be optional with lhe ernployee. The Union and each cmp oyee authorizing the assignment of wages for paymcnt of Union dues hereby undertalre to indemni& urd hold the Employer harmless &om all claims, demands, suits orother forms of liability that may arise against the Employer for or on acoount of any deduction made frrom the wages ofsuch employee. No employee shall be unlawfully discriminated against for upho ding Union principles and any person who works under &e instruclions of the Union or who serves on a comslinee shall not lose their job or be discriminated against for that Feason. It shnll not be a violation of this Agreement or c8use for dischargc of any employee who rclirses to cFoss a legal, primary pickct line in the performance oftheirduty, excluding emergency situations such as protection of life, safety, or propert5r. AGREEMENT (MI.'NICIPAL COI'RT EMPLOYEES) CITY OF PORT ORCHARD/TEAI\,TSTERS #5t9 Janury l, 20 lF Dccember 31, 2OZl CITY ARTICLE 6 ...................... DISCHARGE & SUSPENSTON 6.1 The employer aSrees that no cmployee shall be disciplined without jr.rst cause. Whenever the Employer believes the employee has committed acts such as, but not limited to, dishones$r, drunkenness, improper ue of contmlled substances or abuse of medications whether prescribed or no! willful destnrction of property or cquipmcn! rccklessness, or gross insubordination, may bc subject to immediatc tcrmination from employment. Employees guilty of lesser irfractions such as but not limitcd to, chronic latencss for worlc, careless work habits, misuse of equipmenl, reporting for duty while under the influence of prcscribcd or non-pnescribed medications which may have an effect or side eflect to be expected by the printed label or monograph which could impair the clficiency of his/trer work, or failurc lo obsene Employer ntles, shall bc given a written warning notice, with a copy lo lhe Union. Warning notices shall remain on lile and in effect in an employee's personnel records for a period of twenty-four (24) months. Employees receiving a sccond r,vurning notice during ut eighteen (lt) month period involving 0rc reoccurrence ofa previously rrarncd incident orcondition which remains in effect, may be subject to a suspension hom work and/or lermination Eom employmenl In the event an employce rcccivcs a third warning nolice for any rsirson, whilc any two warning notices of any complaint remain in cffect, then such employce may be subjecl to I snspcnsion fr,om r,vork urd/ortermination of employment. 6.2 7.4 7.5 6.3 The Union shall have the right lo invcstigate any noticcs involving thc dischargc, suspcnsion or warning ot any employee, and the option of proceeding with the grievance procedurc ss rrecognized under Anicle 7 of this Agrcemdrt. ARTICLE 7 ...................... GRIEVAI.ICE A}ID ARBITRATION 7.1 A "gricnance" means a claim or dispute by an employee(s) or Union Rcpresenlative with respect to the in(erpretation or application of the provisions of this Agreemcnt. 7-2 An employee(s) who bclieves they have a gricvance may prcsent such a grievance within [iflccn (15) calcndar days of its alleged occlrrence to the employee's immediate supervisor. If he alleged grievable occurcnce occuls while the employee is nol at work (on sick leave, vacaliorl holiday, excused leave of abscnce) then the lifleen (15) calendar day period shall not commence to rurt until thc lirst working day that thc employec returns back to dury- The Union Represenlative shall have thirty (30) calendar days lo prcsent a grievance afler its alleged occrrrcnce. The supervisor shall attempt lo resolve the grienance within fifleen (15) calcndar days after thc gricvancr is prcsented to him. 7.3 If the employee(s) or ttrc Union Representative is/are not satislied with the solulion by the Supervisor, the grievance, in rrriting may be presented within lilleen (15) calendardays of receipt from the imrncdiate supervisor to lhe Department Head who shall attempt to resolve it within thirty (30) calendar days afler it hns beeo presented to him or her. It is required that the written statement include the section of thc Agreement allegedly violated, the facts, and thc rcmcdy sought. Neither the arbiter nor any otbcr pcrson or persorur involved in lhe griwance proccdure shall have the power to negotiatc n€w agleemcnts or lo change any of thc prcsent provisiorrs ofthis Ageement. The employee may, after any grievance involving the interprelation or application of this agreement which is not resolvcd by the ludge within thirty (30) calendar days afrer it is prescnted to him or her, file a request for arbitrration through thc Public Employment Relations Commission (PERC). The rules and rcgulations of PERC shall apply to the arbitration. The decision of the arbitrator shall be binding on boft parties. AGREEMENT (MLTMCIPAL COURT EMPLOre,ES) CITY OF PORT ORCHARD/TEAI\,TSTERS #589 January l,2019- Dccember 31,2021 PAGE 6 OF 1T ARTICLE E ...................... HOURS OF WORK AI{D WORKING CONDITIONS 8.1 WORKWEEK - A maximum regular work week shall be forty (40) hours of wor* during thc timc period &om 7:00 A.}v{. on Morrday through 6:00 P.fuI. on the following Friday. The hours of work shall be set at the discretion of the Judge. 8.2 OVERTIME - Compcnsable hours in excess of forty (40) hours in any one work weeh shall be paid for at the rate ofoneand-one+alf(l-%) times the regular straight time hourly rate. Compensable hours are defined as holiday pay, or pay for hours worked t.3 COMPENSATORY TIME - If the onployee prcfers, overlime may be creditcd to compensatory leave time at the rate of one and one-half Q-n horrrs for each hour of overtime. Scheduling of time to use the compensatory time shall bc subject to approval of the employecs'supervisor. If compensatory time is not talccn within lhirty (30) calcndar days ofthe date earned it shall be converted to cash and paid in accondance with thc abovc rate. 8.4 Adjustments in the regular working hours ofthe employecs for the convenience of the Employer shall not be construed to be in conflict with this Agrccment. 8.5 OUT OF CLASS PAY - There is no out of class pay unless employec is assigned to the position for more than thirty (30) calendar days. lst - 30th calendar days: no additional pay 3tst calendar day or morc: 8% premium pay added to curcnt hourly rate 8.5 If at any time, the Mayor or hiyher designee closes City Hall due to inclcment wealher or a stnte of emergency, employees will not be required to come to City Hall- Thc City will pay cmployees forthc cquivalent timc of their rcgular working hours forthat day and they will not bc requircd to use leave. Employees who are already at City Hall and are requircd to stay by the Employer shall bc credited the equinalent timc of 0re closure into their rracation leave banks. The foregoing shall not apply to situations in which City Hall is closcd to the public but remains open for cmployees to work. ARTICLE 9 ...................... WAGES, LONGEVITY PAY 9.1 All employees covered by this Agrecment shall be classilied and compensated in accondance with Appendix nA" attached hereto and considered part of this Agreemcnt. 9.2 After complction of two (2) yean full-time employment, an cmployce shall be eligible for longevity pay. Such longevity pay sha I be the employee's base pay plus one-quarter of one percent (.25Vo) for each additional year of employment. Each longerity pay increase shall commence in the pay period that the cmployee's annivcrsary date of cmployurent ocsurs, and each longevity increase shall be calculaled on the base pay forthe position held by the employee. Ernployees hircd affer Febru{y 12,2001 shall not be entitled to longeviry pay. ARTICLE I () .................... DEFIMTIONS lO.t DEFIMTIONS - In construing the provisions of lhis agreemenq the following definitions shall apply: I0.2 A "full-time employee' is any pcrson cmployed by the Employer who devotes his full time to thc job during working hours on a yearly basis. AGREEMENT (Mr.rMCIpAL COr.rRT EMPLOYEES) CITY OF PORT ORCHARD/TEAIV{STERS #589 January l, 2019- December 31, 2O2l 10.3 A "part-time employee" is any person employed by the Employer for less tlran forty (40) hours pcr wcek but not less lhan twcnty (20) hours per week. 10.4 A 'tcmporary employee' is any pcn;on employed by the Employer for not to excced six (6) monfts duration. The Employcc will be considered "full time" or npart-time" when his or her continuous seryice exceeds six (6) months. ARTTCLE I I ....................HOLIDAYS ll.l All employees shall be entitled to observe the following holidays with pay: the lirst day of Januar;r, commonly called New Years Day; the third Monday of January, being c"elebraled as the birthday of Martin Luther King Jr.; lhe third Monday of Febnrary, being celebrated as the atrniversary of ttre biilIr of Gmrge Washington; the last Monday of May, commonly known as Memorid D"y, the fourth day ofJuly, being the anniversary of the Declaration of Independence; the first Monday in September, known as l-abor Day, the eleventh day of November, known as Veteran's Day; lhe fourltr Thunday of November, known as Thanksgiving Day; the day after Thanksgiving; the twenty-fitlh day of Deccmber, commonly called Christmas Day . All employees shall rcceivc nuo (2) personal holidays each year to be selected by thc employee; provided: Thc eorployee has becn or is scheduled to be continuously employed by the Employer for more than four (4) months, and the employee has given not lcss than fourteen (14) calendar days uritten notice to lhe supervisor; provided, however, the employee and thc supervisor may aglte upon an earlier date, and ttre number of employees selecting a particular day off does not prevent an agency from providing continued public service. I1.2 The personal holidays must be taken during the calendar year or entitlement to that day will lapse, except whcn the employec has requesled a pcrsonal holiday and the rcquest has bccn dcnicd. l1.3 Anything in this ariicle notwithstanding, any employee whose regular work week includes a holiday on Saturday or Sunday will receive some other day offin licu thereofat thc discrction of the departnrent head. I1.4 Whcnever a legal holiday falls on a Saturday, thc Mayor will dcsignatc by execulive order the prcceding Friday as a legal holiday. Whenever a legEl holiday falls on a Sunday, the Mayor will designale by executive order the following Monday as a legal holiday. Alternatively, in eilher circumshnce, the Mayor may designate by executive order anothcr day as the subject legal holiday or he may designate two (2) days with a portion of the employees observing one (l) day and the remainder 0re other day, to permit sontinued operation of vihl functions. AGREEMENT MJMCTPAL CO[.IRT EMPLOTES) CITY OF PORT ORCHARD/IEAMSTERS #589 January l, 20lf December 3l,2OZl ARTICLE I 2 .................... VACATTONS I2.I VACATION ACCIJRAL Affer six (6) completed months of employment, employees shall be entitled to use their accrued vacation leave. All full-time employees will accrue vacation leave on a proratcd monthly basis as follows: Year l: l0 days (80 hours) E year Year 2: l l days (8E honrs) I year Year 3: 12 days (96 hours) I year In addition, each year on thc cmployee's anniversary date, afler three (3) full yean of employment, one (l) bonus day (t hours) of vacation for each ycar will be crcdited to hiJtrer vacation account (i.e-, the employee shall receive I bonus vacation day after 3 full years ofemployment with Employer). The total vasationlbonus day accrual shall nol excecd thirty (30) days, or 240 hours. ACCITMIJLATION OF VACATION LEAVE - Part-time cmployees shall have their wcation leave proratd on the basis of two thousand and eighty (2,080) hours per year (full-time emplolmrent). Vacation leave shall bc accrued and recorded on a monthly and or calendar year basis in the same manner as provided in thc nacation accrual scction. The Departnent Director hss the discrction to allow an employee advance vacation leave that has nol yet been accrucd at any time during the year. Each employcc must use at lcast onc weck (fivc (5) consecutivc days) leavc cach year for vacation purpose. Thc balance of vacation leave to their credit may be granted one at a time. An employee, as defined herein, shall receive leave pay for any pottion of vacation earned, but not taken, upon leaving the employ of the Employer (including for the ressotls of voluntary ternrination and death of thc employec); provided, however, lhat in case of voluntary tcrminatioo, the employee shal have given al least ten (10) calcndar days'notice of such termination beforc being entitled to reccive such pay. Upon date of termination the cmployee shall receive compensation for all bonu vacation leave pmrated fr,,om fte last anniversaqr dale. Holidays observed during an employee's rracation period shatl nol bc cormted as yacation leave laken. t2.2 12.3 t2.4 12.5 12.6 t2.7 l2.t The leave pay of all employees who arc employed on a daily lvage scale shall be paid on the samc schedule for the nacation period as the employce would have beer paid for a regular week of work without overtime. An employec may carry over a maximum of Thirly (30) days olvacation c[fective January I of each year. All other accrued vacation not used by the end of each year will be forfeited, except when accnred nacation is not used due to the convenicnce of the Employer, the employee will be paid in cash at the end of the year. However, upon terminatioq vacation pay shall not cxceed nvo hundred forty houn. If an employee has accnred annual lcave in excess oftwo hundred and forty hours, the employec may be conlinued on the payroll for the time equivalent to lhc amount of time in excess oftwo hundrcd forty hours ofaccrued vacation leave. ARTTCLE l3 .................... SICK LEAVE l3.l All full+ime and part-time employees shall be entitled to sick leave pay whcn they are incapacitated from performance of their duties by rcason of sickness or injury or when, through cxposurc to contagious diseascs- the presence of the employee would jeopardizc the health of others. Such sick leave for full time employee's shall accrue at the rale of one (l) day (E hours) for each calendar month of cmployment asd if not used shall ACREEMENT (MUMCTPAL COT JRT EMPLOYT,ES) CITY OF PORT oRCFIARD/TEAIvISTERS #5t9 January l, 201ts Dccember 31, 2021 CITY 13.2 accumulate to a maximum of ooe hundred twenty (120) working days (960 hours). Part.time employees shall have Oeir sick leave prorated on the basis of two thousand and eighty (2,0t0) hours p€r year (full-tirne employment). Sick lcave shall be accumulgrcd and recorded on a monthly basis as provided in this section. Sickness shall be reported by the employee at the beginning ofany period of illness to the Coun Administrator an4 within thrce (3) days afler renrning to worlc, thc employce shall gtvc a wrincn sl,atcment certifiing the need for lhe abscnce and submit a formal request for approrral of leave so taken, which request, when approved by the Department Head, shall be forwarded to the Human Resources Coordinator for filing in the employee's personnel file. t3.3 A doctoCs certificate shall be rcquired when the sick leave exleuds overa period of three (3) consecutive days. 13.4 Advance sick leave may be granted to employecs who have two (2) or monc yeans of continuous service with the Employer aller they have exhausled atl of their accrued vacation, comperuatory, and sick lcave. 13.5 Advance sick lcave may be granted in cases of serious disabilities or ailments of the ernployee. Sick leave credit advanced shall bc limited to not more lhan twelvc (12) and not les than live (5) consecutive workdays. It shall be lirther limited lo cases in which it is believed that the cmployee will return to full dury for a pcriod of timc sufficient to liquidate the adrrance. 13.6 Requests for advance sick leave shall be submitted by fte employee to the Department Head conccnred- The Department Head shall make a necommendation on lhc proposed request and forward it to the City Council for appronal or disapproval. It will be signed by the Mayor and forwarded to the City Clerk for filing in the cmployee's lile, and 0re cmployee will bc notilied ofthc Council's decision by the Department Hcad- Sick leavc earned afler rcturn to duty must lirst be npplied to liquidate the sick lcave advanced prior to being used as rcgular sick leave. 13.7 13.8 13.9 13.10 Any employee found to have abuscd lhe sick leave privilege by falsificalion or misrcpresentation may thereupon be subject to dismissal upon recommendation of the Department Head and at lhe discretion of the City Council. Employer does not accept/process reimbursemenl checks from the Department of L,abor and Industries for time loss pa;rments to cmployecs. lnstead, in cases of injury or illness which is covercd by industrial insurance, thc amount of insurance payments wil be deducted from thc ncxt pay, if any, of lhe employee after the Department of Labor and Industries' award letter. Employees msy use accrued leavc to supplcrnent their Deputment of labor and Industrics' time loss paymcnt (up to thc level of their regular pay) if thcy submit a wrinen rcqucst to their f,)epartment Director and said rcquest is approved. At the option of the employce, sickness in exccss of the maximum number ofdays accrued may be chaqged to unued raacation. l3.ll [n lieu of sick leave buyout the Employer shall provide lerm life insuance on ttre employee's life, the beneliciary lo be chosen by the employee. The policy shatl be rcquired as quickly after the elfective date of this Agreemenl that the Employer can acquire lhc policics aller calling for proposals and obtaining City Council approval of 0re proposals. The policy shall remain in firll 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). Only cmployees working thirty (30) or more hours per week shall receive this benefit. In addition, to be eligible for this benefit, the employee must meet all other etigibility requiremens ofthe subject policy. t3.12 Washington State Family and Medical Leave Program - Employees are eligible for paid lirmily and medical leave consistent with RCW 50A.04.1 15, effectiveJanuary 1,2020. The premium costs forlhe avai able leave AGREEMENT (MTTNICIPAL COURT EMPLOYEES) CITY OF PORT ORCHARD/TEAI\,ISTERS #589 Janttary l,20lf December 3l,2O2l l4.l 14.2.1 will be collected by thc City effective January l, 2019 from employees as follorrs: 45% of the medical leavc portion and 100% of the lhmily leavc portion. ARTICLE I4 .................... BEREAVEMENT Employees shall be allowed up to three (3) days ofpaid bereavcment leave for death in the immediate family upon approvzl and authorization of the Department Head. For travcl out of State an employee shall teceive, subject to the approval of the Department Head, an additiond nro (2) days ofpaid bereavement leave. Part time employees will receive bcreavement leave for the amount of hours of their normal shilt. For purposes of parEgraph l4.l above, "immediatc family" means 0re employee's spouse or registered domestic partner, their children and/or slep-childrcn, and bo0r thc employee's and the spouse's/domestic partrcr's sister, brclher, gnndrnother, grandfalher, molher, father, mother-in-law, and father-inJaq as well Es Bry "step or fostern relrtion and any other familial inhabitant of the employee's household. Ifan employec would like to attend the funeral of an individu,al not listed in this sectioq upon sppronal and authorization of the Department Head, the employee msy do so cither by using accrued vacation leave, or if the employee has no rracation leave available, leave without pEy. The timelines set fodtr in section 14.1, above, will apply to such leave. The provisions of Section 15.3 requiring exhaustion of sick leave beforc leave without pay will be authorized will not apply to Article 14. ARTICLE I 5 .................... LEA'Ir-ES OF ABSENCE l5.l CIVIL LEAVE - Any neocssary lcave may bc allowed by thc department head to permit any employee to servc as a membcr of a jury or lo exercise his other civil duties. Each employee who is grantcd such leavc utd who, for the performance of the civil duties involve{ rcceived any compcnsation shall be paid by the Employer for the time thcy arc absenl only in the amount in exccss of their rcgular salary over the compcnsalion received, exclusivc of travel or any other reimbursable allowanccs. If an cmployce is summoned for jury duty and ttre dcpartment director dctermines it would adverscly impact Employer opcralions it thc cmployee was on jury duty, then thc cmptoyec shall cooperale with the Employer in attcmpting to be excused from jury duty. If the attempt lo be excused from jury duty is unsuccessful, then the employee will work witb thc Employer to changc th" jrry duty datcs to a time that does not significantly impact Employer opcrations. 15.2 MILITARY LEAVE - Leave not to exceed twenty-one (21) calendar days during each year beginning October lst urd ending the following September 30th orrer and above annual vacation shall be allowed any ernployec who is a member ofany duly established National Guard or Reserve Corps unit. During the pcriod of military leave lhe cmployec shall continue lo rcceivc his or hcr normal salary, in addition to whatcver is reccived by the ernployee from the military. 15.3 LEAVE WITIIOLTT PAY - Leave without pay may be granted at the discretion of the Department Head, subjcct lo the approval of the appointing authority. Such leave will be granted only affcr all sick leave, if applicrble, vacation and compensatory time has been exhausted and under no circumstances in excess of ninety (90) calendar days. Leave without pay shall nol be granted for lhe purpose of thc employee accepting other temporsry employment or to gain perrcnal advantage or profit. During an authorized leave wilhout pay, the employce shall not reccive any benclic nor shall they continue to accrue seniority. Nothing herein is intended to supersede the employee's rights under applicable Statc or Federal Leave Law. 15.4 UNAUTHORIZED ABSENCE - Unauthorized absence from duty for three (3) consccutive working days shall constitute grounds for dismissal upon neoommendation of the Department Head at the discrction of the appointing authority. ARTICLE I6...,.........HEALTH AND WELFARE AGREEMENT MJMCIPAL COI.IRT EMPLOYEES) CITY OF PORT ORCHARD/TEAIVISTERS #5E9 January l, 20lF December 31,2021 16.1 t6.2 16.3 16.3.1 16.3.2 16.4 r6.4.1 t6.4.2 16.5 MEDICAL COVERACE - Subject to the remaining terms of this Article 16, &e Emptoyer will provide health insurance coverage thmugh the Association of Washington Cities (AWC) Health Firsr 250 or Kaiser Pernanenle $20 Copay/$200 Dcductiblc. DENTAL COVERAGE'The Employer shall provide Teamsters Plan A Dental through the Washington Teamsers, for thc cmployee, spouse and dependents. VISION COVERAGE -The Employer shall provide Vision Plan, Extended Benefits through the Wasbington Teamsters for the employcc, spouse and deperrdents. All employees that havc Dental Plur *A" and Vision Plan "EXT'through Washinglon Teamsters Welfare Trust must meet thc eligibility threshold and be compensatcd for at least forty (40) houn per rnonrh to quali$ for the above bcne[its alt per thc Tnrsts qperating guidelines. If thc employee does notmeet the etiglUitity requiremenl, lhen they are nol entitled to thc benefits or altcrnative compensation for the some. MEDICAL BENEFITS FOR PART-TIME EMPLOYEES Subject to lhe remaining tsrms of this Article 16, for part-time employees hired after Dccember 9, 1996 the employer will pay 50% of the mcdical insurancc prcmium as specified abovc for the employce only if the employee elects to pay 50o/o of the premium by payroll deduction. Thc cmployce may elect to purchasc medical insurance cov€rage for fieir spouse and/oi dependcnts at thcir own experse by payroll deduction. 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 nlw plan ari substantially the sarre as the benefits in the plan in effect at tlre time the plan change is to be implemented. The term'tost neuud" is to bc uscd in the context ofemployee monthly rrdical prcmiums. Employce medical prcmium amounts are lisled in Appendix B of this Agreemenl, and are expressed as fixed dollar amounts for 2019 and a percentsge to be applied in 2020 and 2021. "Cosl neutral" meanll that the emptoyee medical premiums will not be increased above the lixed amounts that would have been catculated under the previors plan's allocation in the event the City elects to change health and welfare insurance plans or companics, Full'time employees shall be responsible for paying a portion of the total monthly prcmium for the subject medical plan by payroll dcduction. Sce Appcndix B. The parries acknowledge that the Employer's cunent health and welfare plans. Provided, however, if the total cost of moothly prcmiums for said plan incrcase by more than nrenty-five percent (25V0, the parties shall rneet and confer. Thc Employer and the Union each rcscrvc the right to reopen negotiations retating to health care to baryain over the impact of any changes to Arlicle 16 of this Agreemenf whether such changes are necessitaled by the rcquiremenls ofthe Alfordablc Care Act, or any changes lhereto, or olherwisc. If an eligible full time employee elects to waive the Emp oyer medical coverage as providcd in this Article 16 and the re ated insrrancc companies involved atlow for such practice, the cmployee shall be compensated fivc hrmdred dollars (S500) as a contribulioo to be detctmined as cither a cash palment or a conri6ution to s HRA/VEBA account per month through the payoll process as a cost savings inceotive. This cost savings incentive is only payable for those full months wherc the employee elects to rraive covemge. Employees wtro participate may not be eligible to return to medical coverage until opcn enrollmmt periods as outlined by the insurance carrier. Enmllment and eligibility forthe Medical lncentive Program is subject to the total prograur mot timit set at l2 participants city wide for the AWC sponsored heallh plans for2019-2021. Employeas currently in lhe program will continuc to remain unless they opt out. [n the evcn! in an oPen cnrollment period, the number of potential enrollees exceeds the available capacity, there will be a lonery for the anailable spots. Participants will not be unenrolled from their medical plan for the MedicalCost AGREEMENT (MT'NICIPAI COI.'RT EMPLOYEES) CITY OF PORT ORCHARD/TEAIVISTERS #5E9 Jannar5r l,z0lY December 31,2021 CITY Savings until the City has verified that the employee is eligible to participate in tbe Medical lncentive Cost Savings program. ARTICLE 17 ....................NO REDUCTION IN BENEFTTS l7.t No ordinance granting any ernployee a benefit shall be changcd during tlre lerm of the Agreement which would rcduce the bencfits to the employecs for the duration of this Agrcement. ARTICLE I 8 ...... ............. I'NIFORM ALLOWANCE Intentionally left blank. ARTICLE 19 .................... SAVINGS CLAUSE 19.l Should any provisions of this Agrccrnent be found to be in violation of any federal or stale law, or declared invalid by a court action, all other provisions of this Agreemcnt shall remcin in firll force and effect for the duration of this Agreement. The Employer and the Union agnee that any invalid pmvision of this Agreement shall be modilied through mllective bargaining prior to the expiration of this Agrecment. All language in this Agreemeut will remain the same firom year to year unless either party to the Agrcement negotiates a change in tlre current language. ARTICLE 20 ....................NO STRJKE CLAUSE 20.1 Per RCW 41.56.120, public employecs are not pcrmitted the right to strikc or rcfirse to perform his/her assigned dulies, and Local #589 shall so counsel its members. 20.2 Any employee violating this article shall be subject to immediate discharge or olher disciplinary action as deterrnined appropriale. ARTICLE 2 I .................... NEGOTIATION NOTIFICATION 2l.l This Agrecment shall become effective whcn signed by both the Union and the Employer and remain in futl force and effect from January l, 2019 through December 31,2021. Should either party to this Agreement wish to oommeoce collective baryaining discussion over any changes they wish to inboduce into a subsequent agreernen! it is agreed that notice of such part/s desirc to open collcctive bargaining discussion shall be mailed to the other psrty not more than one hundred urd eighty (lS0) days or less than one hundted and fifty (150) days prior to the termination dale of the Agreement, and all efforts will be made to complete negotiations no later thsn thirty (30) days prior to the termination date. Both parties, after such notice has bcen giveq shall forthwith seek estab ishrnent of a mecting for the purpose of discussion ard negotiation of desired changes. 21.2 In the evenl that neither party provides such notice within the time period stated herciq the provisions of this conlract shall remain in elfecl a.fter December 31, 2021, for a period of one (l) year- ARTICLE 22 ................... POLICIES lntentionally left blank. AGREEMEI.IT (tvlt MCIPAL COURT EMPLOEES) CITY OF PORT ORCHARD/TEAI\4STERS #589 Janrrary l, 20lF December 31, 2021 ARTICLE 23..,... LECALITY lntentionally left blank ARTICLE 24...... INTERVIEW GUIDELINES Intentionally left blank. ARTICLE 25...... SHOP STEWARDS Intentionally left blank. ARTICLE ?6...,.. MISCELLANEOUS Intentionally left blank. A RTICLE 27,..... ............. TEMPORARY EMPLOYMENT lntentionalty left blank. ARTICLE 28 TRAINING AND EDUCATION 28.1 Municipal Court Employees shall be eligible to receive the educational incentive pay of lo/o 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 To receive the educational incentive, pay of 2o/o oIbase psy per hour, the Municipal Court Ernployee must: (2) Have a bachelor's degree from an accredited college or university in an eligible course of study. The member musl provide an oflicial transcript and diploma. ARTTCLE 29 ...... ............. COURT DECORUM ?9.1 Judges are admonished by the Code of tudicial Conduct to be "patient, dignified, and coufteous to litigants, jurors, rvitnesses, lawyers," and others with whom they deal in their oflicial capacity. Additionally, Judges must perform judicial duties without bias or prejudice. ,o?These principles apply to allthose who are a part of the Court, as all play an important role and are seen by the public Es representataves 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 tevel of professionalism to which the Judge as well as the staffshould be held. 29.3 The Judge must provide a worliplace atmosphere that encourages individual growlh and development" i.e., by having employees who are willing to follow the rules, work hard, be respectful of each olher and be part AGREEMENT (MLTN|CIPAL COURT EMPLOYEES ) CITY OF PORT ORCHARD/TEAMSTERS #589 January l, 2019* December 31, 2021 CITY of an environment rvhich ensures eflicient operation of the Court. That is the obligation owed to the public by the Judge and is an obligation shared by staff. tN WITNESS WHEREOF, the parties hereto have set their hands on this !8'h day of December 2018. CITY OF PORT ORCHARD TEAMSTERS LOCAL ROBERT PUT MAYOR Treasurer ATTEST: ty Clerk APPROVED AS TO FORM: Cales, City A AGREEMENT (MuNrCr PAL COURT EMPLOYEES) CITY OF PORT ORCHARD/TEAMSTERS #589 January 1,20t9* December 31,2021 APPENDIX ''A" TO TFIE AGREEMENT BY AND BETWEEN CITY OF PORT ORCHARD AI{D TEAMSTERS LOCAL NO, 589 (Representing the Municipal Court Employees) January 1,2019 through December 31,2021 Rates of pay shall be as follows: (Nerv rates shall go into eflect January I of the pay rate year) Lead Clerk Steps Years 2019 2020 2021 7 5 years 32.22 33.03 33.86 6 4 years 31.28 32.06 32.86 5 3 years 30.37 31.13 31.91 4 2 years 29.48 30.22 3 1 years 28.62 29,34 30.07 2 6 months 27.78 28.47 29.18 1 Starting Pay 26.97 27.64 28.33 Court Clerk Ste ps Years 2019 2020 2021 7 5 years 27.20 27.88 28.58 6 4 years 26.41 27.07 27.75 5 3 years 25.64 26.28 26.94 4 2 years 24.90 25,52 26.16 3 1 years 24.17 24.n 25.39 2 6 months 23.47 24.06 24.66 ,l Starting Pay 22.78 23.35 23.93 AGREEMENT (MrJNrCr PAL COURT EMPLOYEES ) CITY OF PORT ORCHARDITEAMSTERS #589 January I, 2019- December 31, 2021 30.98 APPENDIX ''B'' TO TFM AGREEMENT BY AND BETWEEN CITY OF PORT ORCHARD AND TEAMSTERS LOCAL NO. 589 (Representing the Municipal Court Employees) Medical Benefits for FullTime Emp oyees: Ernployee Premiums lor AIVC Health First 250 and Kliser Permanentc Full+ime employees shall be responsible for paying a portion of the total monthly premium for the subject medical plan by payroll deduction. The employees'share of the monthly premium shal! 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). The monthly dollar amount employees are requircd to pay for each of the subject medical plans will be calculated using the employee premium percentage (as represented by the table) multiplied by the medical premium per year: AWC Health Flrst 250 2019 Employee Pramlum l/Month 2019 Employea Premlum % 2020 Employee Premlum % 2021 Employee Premlum % Emplovee only $59.46 8%9olo 10% Ernployee and Spouse $119.41 8%g06 10% Emolovee and Spouse and 1 Deoendent s148.95 8o/o 9%'t0% Employee and Spouse and 2 Dependent +s173.37 80h 9o/o 10% Emplovee and 'l Oependent $88 99 8o/o 9o/"1OVo Emolovee and 2 Dependents s1 13 41 &Yo 9o/o 10% Emoloyee and 3 Dependents s113 41 8o/o 90h 1Oo/n Kalssr Permanente $20 copayll2ll0 deductlble 2019 Employee Premlurn tlMonth 2019 Employee Premlum % 2020 Employee Premlum % 2021 Employee Premlum % Ernployee only $48 62 6Yo 906 10% Employee and Spouse $96.44 8To 9%10% Emolovee and Soouse and 1 Oependent $120 84 8%90/6 10% Employee and Spouse and 2 Dependent +s145 23 Boh 9%1Oolio Employee and 1 Dependent s73 02 8%90h 10% Employee and 2 Dependents s97-42 80h 90/6 t0% Emplovee and 3 Deoendenls $97 42 8%9ord 10% ACREEMENT (MUNICIPAL COURT EMPLOYEES) CITY OF PORT ORCHARDffEAMSTERS #5E9 January l, 2019* December 3 l, 202 I PAGE 17 OF 18 W HRAIVEBA: For those fult-time eligible employees rvho are offered and enroll in the AWC Health First 250 or Kaiser Pennanente plans: The employer shall establish and enroll employees in an HRA/VEBA account starting with their fimt covered monlh. The employee shall be responsible for all fees charged by HRA/VEBA for his/her respective account. The employer shall deposit for those employees that meet the criteria above, on a monthly basis, amounts as established belorv: Wel City ncent vc Progmm: For those full-tirne eligible ernployees who are offered and enroll in the AWC Health First 250 or Kaiser Permanente plans: The City participates in the AWC WellCity Wellness Program. Each year AWC awards a discount offmedical premiums for cities that participatc and receive the Wellness Award. The City encourages employees to paflicipate in wellness activity throughout the year to promote health and wellness. Those employees who are enrolted in the AWC Health First 250 or Kaiser Permanente plans during January lst of the awarded year will be eligible for a wellness incentive bonus to be deposiled to their established HRA/VEBA accounts. lf an employee doesn't have an HRA/VEBA account already established, the employer shallestablish and enroll said employee in an HRA/VEBA of the City's choosing. The employee shall be responsible for all fees charged by HRA/VEBA for his/her respective account. The employer shall deposit $100 for each eligible employee as described above on an annual basis. VEBA Contributlons per rnonth 20u)2020 202L Health First250 Employee Only Emp/Spouse Employee Spouse /1 Dependent Employe Spouse/ 2 Dependent + Employee and 1 Dependent Emp oyee and 2 Dependents Emp oyee and 3 Dependents 15 E 35 40 s S 5 s s s s 25 /m 55 50 10 15 15 s s s s s s S Sts Sss Szs Sso Szo5ro Sso E 45 50 50 20 z0 10 s s S s s S S Kasle r Permanente $ZO Co-pay/$Zm Deductl ble Employee On y Emp/Spouse Employee Spouse /1 Dependent Emp oye Spouse/ 2 Dependent + Emptoyee and 1 Dependent Employee and 2 Dependents Employee and 3 Dependents s 5 s s s s s 20 35 35 tm 10 10 30 50 65 80 30 30 20 s s s s s s 5 r I AGREEMENT (MUNICI PAL COURT EMPLOYEES ) CITY OF PORT ORCHARD/TEAMSTERS #589 January 1,2019-- December 31,2021 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 December 18, 2018. ORDINANCE NO. 040-18 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RATIFYING A COLLECTIVE BARGAINING AGREEMENT WITH THE TEAMSTERS LOCAL NO. 589, REPRESENTING THE MUNICIPAL COURT EMPLOYEES; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. Copies of Ordinance No. 040-18 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. 040-18 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, December 21, 2018