106-09 - Resolution - Contract with Teamsters Local 589 for Public Works EmployeesIntroduced by: City Attorney
Requested by: City Attorney
RESOLUTION NO. 106-09
Drafted by: City Attorney
Introduced: October 27, 2009
Adopted: October 27, 2009
A RESOLUTION OF THE CITY OF PORT
ORCHARD, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE A COLLECTIVE BARGAINING
AGREEMENT WITH TEAMSTERS LOCAL NO. 589
FOR PUBLIC WORKS EMPLOYEES
WHEREAS, the Public Works Employees are represented by Teamsters Local No.
589 (the "Teamsters"); and
WHEREAS, the current Collective Bargaining Agreement expired on
September 30, 2009; and
WHEREAS, the City negotiating team has reached a tentative Agreement with the
Teamsters for a new three (3) year contract and the City negotiating team has
recommended that the Council ratify the tentative Agreement; and
WHEREAS, the Public Works 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 authorize the
Mayor to execute the Agreement; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASIDNGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: the City Council hereby ratifies the tentative
Collective Bargaining Agreement (Public Works Employees)
reached between the negotiating teams for the Teamsters and
City as attached hereto as Exhibit A and the Mayor is hereby
authorized to execute the same for a three(3) year contract.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 27th of 2009.
AGREEMENT
BY AND BETWEEN
CITY OF PORT ORCHARD, WASHINGTON
AND
TEAMSTERS LOCAL NO. 589
(Representing the Public Works Employees)
OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2012
ARTICLE
TAB LE O F CON TEN TS
to the
AGREEMENT
B y a nd Between
C ITY OF PORT ORCHARD
and
TEAMSTER S LOCAL N O. 589
(Represent ing the P u b lic W ork s Employees)
October 1, 2009 through Septe mber 30, 2012
TITLE PAGE
ARTICLE I EXCLUS IVE BARGAIN ING REPRESENTATIVE ........................................................... 3
ARTICLE 2 NONDISCRIMINATION ...................................................................................... : ............. 3
ARTICLE 3 UNION SECURITY ............................................................................................................. 3
ARTICLE 4 RIGHTS OF MANAGEMENT ............................................................................................ 3
ARTICLE 5 UNION AND EMPLOYEE'S RIGHTS .............................................................................. .4
ARTICLE 6 DISCH ARGE & SUSPENSION .......................................................................................... 5
ARTICLE 7 GRIEVANCE AND ARBI TRATION .................................................................................. 5
ARTICLE 8 HOURS OF WORK AND W ORKING CONDITIONS ....................................................... 6
ARTICLE 9 WAGES, LONG EVITY PAY .............................................................................................. 7
ARTICLE 10 DEFIN ITIONS ..................................................................................................................... 7
ARTIC L E I I HOLIDAYS .......................................................................................................................... 8
ARTIC LE 12 VACATIONS ....................................................................................................................... 8
ARTICLE 13 SICK LEAVE ....................................................................................................................... 9
ARTICLE 14 BEREAVEMENT ................................................................................................................. tO
ARTICLE 15 LEAVES OF ABSENCE ...................................................................................................... t O
A RTICLE 16 HEALTH AND WELFARE ................................................................................................. II
A RTI C LE 17 NO REDUCTION IN BENEFITS ........................................................................................ I 2
ARTIC L E 18 UNIFORM ALLOWANCE .................................................................................................. l 2
ARTICLE 19 SAVINGS C LAUSE ............................................................................................................. I2
ARTIC L E 20 NO STRIKE C LAUS E ......................................................................................................... l 3
ARTICLE 2 1 NEGOTIATION NOTIFICAITON ...................................................................................... 13
ARTICLE 22 POLICI ES ............................................................................................................................. I 3
ARTICLE 23 LEGALITY ........................................................................................................................... I 3
ARTICLE 24 INTERV IEW G U ID E LINES ................................................................................................ l 3
ARTICLE 25 SHOP STEWARDS .............................................................................................................. l 3
ARTICLE 26 M ISCELLANEOUS ............................................................................................................. 13
ARTICLE 27 TEMPORARY E MPLOYMENT ......................................................................................... 13
ARTICLE 28 T RAINING AND E DUCATION ......................................................................................... 14
APPENDIX "A " .............................................................................................................................................. 15
AGREEMENT (PUBLIC WORKS EMPLOYEES)
CITY O F PORT ORCHARD/T E AMSTERS #589
October I , 2009 -September 30,20 12
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PREAMBLE
AGREEMENT
BY AND BETWEEN
CITY OF PORT ORCHARD
AND
TEAMSTERS LOCAL NO. 589
(Representing the Public Works Employees)
October 1, 2009 through September 30, 2012
THIS AGREEMENT, dated for reference purposes only, the I st day of October, 2009, is entered into by the CITY
OF PORT ORCHARD, WASHINGTON, hereinafter the "Employer", and TEAMSTERS LO C AL 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 applicab le state and federal
laws regarding discrimination.
ARTICLE 3 ...................... UNION SECURITY
3.1 It is a condition of employment that a ll current employees covered by thi s agreement on the date of
ratification and those employees hired after its execution shall by the 365th day following the initial hire
become and remain members in good standing in the union, or in lieu thereof pay a service fee to a non-
political and secular organization recognized a s a charitable organization under IRS code section 50I(c)(3).
An amount equal to the union initiation fee shall be paid within 365 days of the initial hire. The service fee
shall equal the monthly union dues amount.
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
e xercise, shall remain vested exclusively in the Employer. Management's rights shall include, but not be
limited to, installation oftime clocks, tool check system with fmancial responsibility and a "loss prevention
program". Any employee may be assigned any duty the Employer may deem necessary. The Employer
shall have the right to change or add job designations in accordance with changes in the state of the art of
municipal functions and to negotiate with the Union appropriate wages "for such changed or added job
designations".
AGREEMENT (PUBLIC WORKS EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October I, 2009 -September 30,2012
PAGE 3 OF 16
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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 .
The Union may not question the dismissal of any probationary employee nor shall the dismissal be the
subject of a grievance. The probationary period may be shortened, in the Employer's sole discretion, on a
case by case basis.
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 perfonnance 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 class ification 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 pennitted acces s to the properties of the Employer at
reasonable times for the purpose of observing working conditions and trans acting Union business;
provided, however, that the union repre sentative first secures approval from a des ignated 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 e stablish job stewards. 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
al so collect members dues and may sign up new employees. Union activities (except labor negotiations)
shall not be carried on during working hours.
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 s igning or adoption.
5 .5 The Employer shall deduct regular Union initiation fees and dues when pres ented 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 Moneys 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 hannless from all claims, demands, suits or
other forms of liability that may arise agains t the Employer for or on account of any deduction made from
the wages of such employee.
5.8 No employee shall be unlawfully di scriminated against for upholding Union principles and any person who
works under the instructions of the Union or who serves on a committee shall not lose their job or be
discriminated against for that reason.
AGREEMENT (PUBLIC WORKS EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October I, 2009 -September 30, 20 12 City
PAGE4_2F 16
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5.9 It s hall not be a violation of this Agreeme nt or cause for discharge of any employee who refu ses to cross a
legal, primary picket line in the pe rform ance of their duty, excluding emergency s ituations s uch as
protection oflife, safety , or property.
ARTICLE 6 0000 00 00 00000000000000 DISCHARGE & SUSPENSION
6.1 Whenever the Employer believes the employee has committed acts s uch as, but not limited to, dishonesty,
drunkenness, improper use of c o ntroll ed s ubs tances or abuse of medication s wh ether presc ribed or not,
willful destruction of property or equipment, reckless nes s, gros s insubordination, or re porting for duty
while under the influence of prescribed or non-pres cribed medications which m ay ha ve an effect or side
effect to be expected by the printed la bel or monograph which could impair th e efficiency of his/her work,
may be s ubject to immediate te rmination from employment.
6.2 Employees guilty of lesse r infract ions s uch as but not limited to, chronic late ness fo r work, careless work
ha bits, mi suse of equipment, or fa ilure to observe Employer rules, s h all be g iven a written warn ing notice,
with a copy to the Unio n . Warning notices s hall re main on file and in effect in an e mployee's personnel
record s for a period of eighteen (18) months. E mployees receiving a second warning notice for a ny reason
while any previous warn ing rema in s in existence, may b e subject to a suspens io n from work for a
reasonable period of tim e. Employees r eceiving a second warning notice involvin g th e reoccurrence of a
previously warned incident or condition which remain s in effect, may be subject to a s uspension from work
and/or termination from employment. In the event an employee receives a third warning n otice for any
re ason, while any two warning notices of any complaint rema in in existence, then such employee may be
s ubj ec t to a s uspen sion from work a nd/or termination of employment.
6.3 The Union shall have th e right to inv esti gate any notice s involving the di sc harge, suspensio n or warning of
any e mployee, and the option of procee ding with the gri evance procedure as recogni ze d under Article 7 of
thi s Agreement.
ARTICLE 7 0000000000000000000000 GRIEVANCE AND ARBITRATION
7.1 A "grievance" mean s a claim or dispute by an employee or group of employees with respect to the
interpre tation or a pplication of th e provision s of this Agreement.
7.2 An employee or group of employees, or th e ir del egated Union Representative, who consider they have a
grievance may present such a grievance within thirty (30) calendar days of it s a ll eged occurre nc e to the
employee's imm ediate supervisor who s ha ll attempt to r esolve it within fifteen (15) cale ndar d ays after it is
presented to the immed iate supervisor.
7.3 If the employee or employees or their de legated Union Representative is/ar e not sat isfied with the solut ion
by the Supervisor, the gri evance, in writin g, may be presented within fift ee n ( 15) calendar days of receipt
from the immediate supe rvisor to the Departme nt Director who shall attempt to resolve it within thitty (30)
calendar days after it has been present ed to him or her . It is required that th e written statement include the
section of the Agree ment a ll egedly viol ated, the fac ts, and the remedy sought.
7.4 If the employee or gro up of employees or their de legated Union Representative is not sati s fi ed with the
so lution by the Department Director, the g ri evance, in writin g together with a ll other pe rtin ent materia l may
be presented to the Mayor by the Un ion Representative, with fifte e n (1 5) calendar days of rece ipt from the
Departme nt Director.
7.5 T he employee m ay , after any grievance involvin g the interpretation or app li cation of thi s agreement which
is not resolved by the Mayor within thirty (30) calendar days after it is prese nted to him or her, file a
request for arb itrat ion through th e Public Employme nt Relations Commission (PERC). The rules a nd
AGREEMENT (PUBLIC WORKS EMPLOYEES)
C ITY OF PORT ORCHARD /TE AMSTERS #589
October I , 2009 -September 30, 2012
PAG ::;~1 6
/Union
regulations of PERC shall apply to the arbitration. The decision of the arbitrator shall be binding on both
parties.
7.6 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.
7.7 None of the foregoing is intended to mean that the Union itself cannot lodge a grievance and process the
same through the various steps to arbitration in accordance with and subject to the provisions hereof. The
right of the Union to so lodge and process a grievance is expressly confirmed. An employee may be
represented at any stage of the grievance procedure by the Union. No settlement of a grievance with an
employee shall be contrary to the terms of this Agreement.
ARTICLE 8 ...................... HOURS OF WORK AND WORKING CONDITIONS
8.1 WORKWEEK-A maximum regular work week shall be for(y (40) hours of work consisting of five (5)
consecutive eight-hour days (Monday through Friday from 8:00am to 4:30pm or four (4) consecutive ten-
hour days (Monday through Thursday, or Tuesday through Friday) from 6:00 am to 4:30 pm. during a
seven (7) day period. The four-ten work week shall be implemented or rescinded at the discretion of the
City Engineer subject to approval of Mayor and City Council.
8.1.1 Should the Employer establish a split shift, or a workweek other than set forth above, employees shall be
allowed, based on seniority to bid for such shift assignment. Should no employees bid on said shift or
workweek, the employee with the least seniority shall be assigned to the shift or work week.
8.2 OVERTIME-Compensable hours in excess of eight (8) hours in a day or ten (10) hours in any one 4/10
work day, or if over for(y (40) compensable hours in any one work week, shall be paid for at the rate of
one-and-one-half (I Y,) times the regular straight time hourly rate. Compensable hours are defined as sick
pay, vacation pay, holiday pay, or pay for hours worked.
8.3 COMPENSATORY TIME -If the employee prefers, overtime may be credited to compensatory leave time
at the rate of one and one-half (I Y,) hours for each hour of overtime. Scheduling of time to use the
compensatory time shall be subject to approval of the employees' supervisor. If compensatory time is not
taken within thirty (30) calendar days of the date earned it shall be converted to cash and paid in
accordance with the above rate.
8.4 CALLBACK -Should an employee be called for duty other than the regular shift, such employee shall
receive one and one-half (I Y,) times his/her hourly wage for work performed with a minimum of two (2)
hours of overtime pay. This shall include street sweeping assignments performed outside of the regular
workday. Call back time shall include direct travel from home to work and work to home. If the employee
receives a work related telephone call between the hours of I 0 p.m. and 5 a.m. he/she shall receive ten
dollars ($10.00) for such call. If the employee is called out they shall receive callback pay only.
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 In the event an employee is required to work twelve (12) or more hours in a day, such employee shall be
entitled to sixteen ($16.00) dollars per day for food.
8.7 Public works employees shall have in their possession a current operators license and meet the
requirements of R.C.W. 46.25, Uniformed Commercial Drivers License Act, except facilities maintenance
employees. The Employer shall reimburse the employee for the renewal fee of the CDL endorsement and
the DOT physical examination at the Employer's bid doctor. If the employee goes to another doctor other
than the bid doctor, the Employer shall reimburse the employee the bid doctor's amount only.
AGREEMENT (PUBLIC WORKS EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October I, 2009 -September 30, 2012
PAGE 60F 16
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8.8 The Employer shall pay for a ll required Hepatitis inoculations.
8.9 OUT OF CLASS PAY -In th e eve nt an employee is assigned the duties of the Public Works Foreman, the
employee shall be compensated as follows:
I st -5th working day: no additional pay
6th -20th working day : 8% premium pay added to current hourly rate
21st working day or more and/or at any time upon assignment of full res p o ns ibility : I 00% of
Public Works Foreman Base W age r ate
8.1 0 STAND BY PAY -The employee on s tandby duty must be able to respond within 45 minute s and s hall not
have consumed alcohol or non-prescr iption medications which could impair hi s/her ability to safely
perform their job duties . They shall be p aid twelve dollars and fifty cents ($12.50) per day while on
s tandby duty.
8.11 If E mployer closes City Hall due to inclement weather, and the Employer pays employees for a full shift,
even thoug h the e mployee only worked a portion of said shift, th en tho se emplo yees who are required by
the Employer to complete the ir full s hift shall be compensated an additiona l numbe r of hours equal to the
numbe r of hours that the other employees were paid but did not work. For example, if City Hall closed
after being open for 3 hours a nd empl oyees are sent home and reci eve five ho urs of pay for which they did
not work, any remaining employees required to s tay by the Employer shall receive five hours of pay, in
addition to the hours w orked on the day in question. The forego in g shall not a pply to situ ations where City
Hall is closed to the public, but remains open for employees to work.
ARTI C LE9 ...................... WAG E S, LONGEVITY PAY
9 .1 All employees covered by this Agree ment s hall be classified and compensated in accordance with
Appendi x "A" attached hereto a nd considered part of this Agreement. Appendi x "A" reflects the pertinent
items from the City sa lary ordinance.
9.2 Afte r completion of two (2) years full-time e mpl oym ent, an employee s hall be e li gi ble for longevity pay.
Such longevity pay shall be th e e mpl oyee's bas e pay plus one-quarter of one p e rc e nt (.2 5%) for e ach
additional year of employment. Each longevity pay increase shall commence on hi s/her a nnivers ary date of
e mployment and each longevity increase s ha ll be calculated on the base pay for th e pos iti on he ld by the
employee.
9.3 Longevity pay will be granted to eligible em ployees and adjusted thereafte r on th e anniversary date of the ir
employment. In the event an eligible employee would receive an amount of longevity pay less th an
r ece ived prior to thi s contract, such employees' longevity pay would not be adjusted until th eir next
anniversary date.
ARTICLE 10 .................... D EFINITIONS
10.1 DEFINITIONS-In construing the provisions of thi s agreement, the following definitions shall apply:
10 .2 A "full-time employee" is any person employe d b y the Employer who devo tes his full time to th e job
during working hours on a yearly basis.
10.3 A "part-time employee" is any person e mploye d by the Employer for less than forty (40) hours per week
but not less than twenty (20) hours per week .
I 0.4 A "temporary employee" is any person e mployed by the Employer for not to exceed s ix
(6) months duration. The Employee will be considered "full time" or "part-time" whe n hi s
AGREE MENT (PUBLIC WORKS EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October 1, 2009 -September 30,2012 City
PAG ~z~6
Union
or her continuous service exceeds six (6) months. The parties agree that the intent of this paragraph 10.4 is
that the City will not terminate a temporary employee just prior to his/her completion of six months of
continuous employment with the City and then immediately rehire the same temporary employee to a
temporary position in order to avoid the employee achieiving "full time" or "part time" status under this
paragraph.
ARTICLE II .................... HOLIDAYS
II.! All 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; 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 fourth day of July, being
the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor
Day, the eleventh day of November, to be known as Veteran's Day; the fourth Thursday of November, to be
known as Thanksgiving Day; the day after Thanksgiving; the twenty fifth day of December, commonly
called Christmas Day. All employees shall receive two (2) personal holidays each year to be selected 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 an agency ftom
providing continued public service.
11.1.1 The personal holidays must be taken during the calendar year or entitlement to that day will lapse, except
when the employee has requested a personal holiday and the request has been denied.
11.2 Anything in this article notwithstanding, any employee whose regular work week includes a holiday on
Saturday or Sunday will receive some other day off in lieu thereof at the discretion of the department head.
11.3 Whenever a legal holiday falls on a Saturday, the Mayor will designate by executive order the preceding
Friday as a legal holiday. Whenever a legal holiday falls on a Sunday, the Mayor will designate by
executive order the following Monday as a legal holiday. Alternatively, in either circumstance, the Mayor
may designate by executive order another day as the subject legal holiday or he may designate two (2) days
with a portion of the employees observing one(!) day and the remainder the other day, to permit continued
operation of vital functions.
ARTICLE 12 .................... VACATIONS
12.1 After one (!)full year of employment, a full-time employee shall be entitled to ten (10) days (80 hours)
vacation leave. During the second year, the employee's vacation account shall be credited on a monthly
basis at the rate of eleven (II) days (88 hours) per year. During the third year, the employee's vacation
account shall be credited on a monthly basis at the rate with twelve (12) days (96 hours) per year. In
addition each year on the employee's anniversary date, after three (3) full years of employment, one (I)
bonus day (8 hours) of vacation for each year will be credited to his/her vacation account (i.e., the
employee shall receive I bonus vacation day after 3 full years of employment with Employer). The total
vacation/bonus day accrual shall not exceed thirty (30) days, or 240 hours.
12.1.1 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.
12.2 Vacation leave to an employee's credit may be granted at any time during the year at the discretion of the
Department Director concerned.
AGREEMENT (PUBLIC WORKS EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October I, 2009-September 30, 2012 City
PAGE 8 OF 16
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12.3 Each employee must use at lea st one week five (5) consecutive days) leave each year for vacation purpose.
The balance of vacation leave to their credit may be granted one at a time.
12.4 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 ten (I 0) 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 .5 Holidays observed during an emp loyee's vacation period shall not be counted as vacation leave taken.
12 .6 The leave pay of all employees who are employed on a daily wage scale shall be paid on the same schedule
for the vacation period as the employee would have been paid for a regular week of work without overtime.
12.7 An employee may carry over a maximum ofthirty (30) days ofvacation effective January I of each year.
All other accrued vacation not used b y the end of each 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. However, upon termination, vacation pay shall not exceed two hundred and forty (240) hours. If an
employee has accrued annual leave in excess of two hundred and forty (240) hours, the employee may be
continued on the payroll for the time equivalent to the amount of time in excess of two hundred and forty
(240) hours of accrued vacation leave .
ARTICLE 13 .................... SICK LEAVE
13 .I All full-time and part-time employees shall be entitled to sick leave pay when they are incapacitated from
performance of their duties by reason of sickness or injury or when, through exposure to contagious
diseases, the presence of the employee would jeopardize the health of others. Such sick leave for full time
employee's shall accrue at the rate of one(!) day (8 hours) for each calendar month of employment and if
not used shall accumulate to a maximum of one hundred twenty (120) working days (960 hours). Part-time
employees shall have their sick leave prorated on the basis of two thousand and eighty (2,080) hours per
year (full-time employment). Sick leave shall be accumulated and recorded on a monthly basis as provided
in this section.
13.2 Sickness shall be reported by the employee at the beginning of any period of illness to the Shop (i.e., Shop
Foreman) and, within three (3) days after returning to work, the employee shall give a written statement
certifYing the need for the absence and submit a formal request for approval of le ave so taken, which
request, when approved by the Department Director, sha ll be forwarded to the City Clerk for filing in the
employee's personnel file.
13.3 A doctor's certificate shall be required when the sick leave extends over a period of three (3) consecutive
days. ·
13.4 Advance sick leave may be granted to employees who have two (2) or more years of continuous service
with the Employer after they have exhausted all of their accrued vacation, compensatory, and sick leave.
13.5 Advance sick leave may be granted in cases of seriou s disabilities or ailments of the employee. Sick leave
credit advanced shall be limited to not more than twelve (12) and not le ss than five (5) consecutive
workdays. It shall be further limited to cases in which it is believed that the employee wi ll return to full
duty for a period of time suffici ent to liquidate the advance.
13 .6 Requests for advance sick leave shall be submitted by the employee to the Department Director concerned.
The Department Director shall make a recommendation on the proposed request and forward it to the City
AGREEMENT (PUBLIC WORKS EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October I, 2009 -September 30, 2012 City
PAGE9 OF 16 -.4,2<42
Umon
Council for approval or disapproval. It will be signed by the Mayor and forwarded to the City Clerk for
filing in the employee's file, and the employee will be notified of the Council's decision by the Department
Director.
13.7 Sick leave earned after return to duty must first be applied to liquidate the sick leave advanced prior to
being used as regular sick leave.
13.8 Any employee found to have abused the sick leave privilege by falsification or misrepresentation may
thereupon be subject to dismissal upon recommendation of the Department Director and at the discretion of
the City Council.
13.9 Employer does not accept/process reimbursement checks from the Department of Labor and Industries for
time loss payments to employees. Instead, in cases of injury or illness which is covered by industrial
insurance, the amount of insurance payments will be deducted from the next pay, if any, of the employee
after the Department of Labor and Industries' award letter. Employees may use accrued leave to
supplement their Department of Labor and Industries' time loss payment (up to the level of their regular
pay) if they submit a written request to their Department Director and said request is approved.
I 3.10 At the option of the employee, sickness in excess of the maximum number of days accrued may be charged
to unused vacation.
13.11 In lieu of sick leave buyout the Employer shall provide term life insurance on the employee's life, the
beneficiary to be chosen by the employee. The policy shall be acquired as quickly after the effective date of
this Agreement that the Employer can acquire the policies after calling for proposals and obtaining City
Council approval of the proposals. The policy shall remain in full force and effect so long as the employee
is employed by the Employer. The face amount of the policy shall be Fifty Thousand and noll 00 Dollars
($50,000.00). To be eligible for this benefit, the employee must meet the eligibility requirements of the
subject policy. This currently includes a requirement that the employee work at least 30 hours per week
(including compensable hours).
ARTICLE 14 .................... BEREAVEMENT
14.1 Employees shall be allowed up to twenty four hours (24) of paid bereavement leave for death in the
immediate family upon approval and authorization of the Department Director. For travel out of State an
employee shall receive, subject to the approval of the Department Director, an additional sixteen (16) hours
of paid bereavement leave. Part time employees shall recieve bereavement leave at 50% of the above
hours.
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 Ch. 26.60 RCW), children, step-children, sister, brother,
grandmother, grandfather, mother, father, mother-in-law, father-in-law, and any other familial inhabitant of
the employee's household.
ARTICLE 15 .................... LEAVES OF ABSENCE
15.1 CIVIL LEAVE -Any necessary leave may be allowed by the director of the department to permit any
employee to serve as a member of a jury 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 only in the amount in excess of their regular
salary over the compensation received, exclusive of travel or any other reimbursable allowances. If an
employee is summoned for jury duty and the department director 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 jury duty. If the attempt to be excused from jury duty is
AGREEMENT (PUBLIC WORKS EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October I, 2009 -September 30, 2012 City
PAGE 10 OF 16
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unsuccessful, then the employee will work with the Employer to change the jury duty dates to a time that
does not significantly impact Employer operations.
15.2 MILITARY LEAVE -Leave not to exceed twenty-one (21) calendar days during each year beginning
October I s t and ending the following September 30th over and above annual vacation shall be allowed any
employee who is a member of any duly established National Guard or Re serve Corps unit. During the
period of military leave the employee shall receive their normal pay.
15.3 LEAVE WITHOUT PAY-Leave without pay may be granted at the di scretion of the Department Director,
subject to the approval of the appointing authority. Such leave will be granted only after all sick leave,
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 s hall they continue to accrue seniority. Nothing herein is
intended to s upersede the employee's rights under applicable State or Federal leave Law .
15.4 UNAUTHORIZED ABSENC E-Unauthori zed absence rrom duty for three (3) consecutive working days
shall constitute grounds for dismissal upon recommendation of the Department Director at the di scretion of
the appointing authority.
ARTICLE 16 .................... HEALTH AND WELFARE
16.1 M EDICAL COVERAGE -Subject to the remaining term s of this Article 16, the Employer will provide
health in surance coverage through the Association of Washington Cities (A WC) Plan B administered by
Regence BlueShield or Group Health Co-pay plan l.
16.2 DENTAL COVERAGE-T he Employer shall provide Teamsters Plan A Dental through the Wa shington
Teamsters, for the employee, spouse and dependents.
16 .3 VISION COVERAGE -The Employer s hall provide Vision Plan, Extended Benefits through the
Washington Teamsters.
16.3.1 All employees that have Dental Plan "A" and Vi sion Plan "EXT" through Wa s hington Teamsters Welfare
Trust must meet the eligibility threshold and be compensated for at lea st forty (40) hours per month to
qualify for the above benefits as pe r the Trusts operating guidelines. If the e mployee does not me et the
e li g ibility requirement, then they are not entitled to the benefits or a lternative compensation for the same.
16.4 The Emp loyer sha ll have th e right to change the health and welfare in surance company and/or plan so long
as the impacts to the employee are cost neutral a nd th e benefits in the new plan are s ub stantially the same
as the benefits in the pl an in effect at the time the plan change is to be implemented.
16.4 .1 Full-time employees may be eligible for medical benefits as set forth in this Article 16. Full-time
employees shall be re spons ible for paying a portion of the total monthly premium for the subject med ical
plan by payroll deduction. The employees' share of the monthly premium s h all be ba sed on a numeric
percentage of the total cost of the monthl y premium for the subject pla n (including the cost to in s ure
dependents, if applicable). The amount of the numeric percentage sha ll be calculated by converting the
monthly doll ar amount emplo yees are required to pay for each of the subject medical plans as of September
30, 2009 into a percentage basis. Employees s hall then be respon s ible for paying thi s same percentage for
each respective medical plan after September 30, 2009. In the event of any increase in the cost of the total
monthly premium in the future for any of the subject plans, the employees s hall be respons ible for paying
the same p ercentage of the increased monthly premium amount for that respective plan.
16.4.2 The parties acknowledge that the Employer's contract with A WC to provide in surance benefits is currently
schedul ed to expire during th e third year of this Agreement. Employer shall endeavor to enter into a new
AGREEMENT (PUBLIC WORKS EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October l , 2009 -September 30,2012 C ity
PAGE II OF 16
7&~
contract (insurance plan) with A WC to provide health and welfare benefits prior to expiration of the
existing contract with AWC, if feasible. If the Employer is ab le to enter into such contract (insurance plan)
with A WC, the Employer and employee shall pay th e same respective percentages for the costs of the
monthly premiums for said plan as set forth above in paragraph 16.4.1. Provided, however, 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 parties also agree to meet and confer if the Employer is unable to enter into a new contract
with A WC upon the expiration of the existing A WC contract.
16.5 For payroll deduction purposes, the monthly premium determined above in paragraphs 16.4.1 and 16.4.2
shall be rounded to the nearest dollar.
16 .6 If an eligible employee elects to waive the Employer medical coverage as provided in paragraph 16.1 and
the related insurance companies involved a llow for s uch practice, the employee shall be compensated two
hundred fifty dollars ($250) per month through the payroll process as a cost savings incentive. This cost
savings incentive is only payable for those full months where the employee elects to waive coverage.
Employees who participate may not be eligible to return to medical coverage until open enrollment periods
as outlined by the insurance carrier. An el ig ible employee, for purposes of this paragraph, means a full
time employee.
ARTICLE 17 ................... NO REDUCTION IN BENEFITS
17 .I 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.
ARTICLE 18 .................... UNIFORM ALLOWANCE
18.1
Effective June 13, 2008 for the year 2008 and each year thereafter on the first pay period of the year, the
Employer agrees to pay non-probationary employees as additional compensation the sum of three hundred
fifty dollars ($350) per year for the Emp loyees' purchase of j ob related c lothing. Probationary employees
shall be entite ld to a prorated sum on the fir st pay period after the termination of their probationary status.
Job related clothing shall be s uitable for both outdoor and indoor work conditions, shall project a
professional look, and sha ll be in conformance with th e Emp loyer's requirement of work practiciability.
Outer wear shall be of visible colors (i.e., orange or yellow) and shall be retro-reflective for working in
traffic conditions. Notwithstanding the above, all work wear purchased by the E mployer sha ll remain
property of the Employer.
18 .2 The Employer shall pay up to two hundred dollars ($200 .00) for the replacement of shoes/boots and/or
clothing confiscated due to contam in ation.
18 .3 T he Emp loyer shall pay an amo unt equal to current vision plan benefits for the replacement or repair of
prescription gla sses/contacts when s uch items are lost of damaged in the lin e of duty, provided suc h lo ss or
damage is not the res ult of emplo yee negligence.
ARTICLE 19 .................... SAVINGS C LAUSE
19 .1 Should any provisions of thi s Agreement be found to be in violation of any federal or s tate law, or declared
invalid by a court action, all other provisions of this Agreement shall remain in fu ll force and effect for the
duration of thi s Agreement. The Employer a nd the Union agree that any invalid provision of this
Agreement shall be modified through collective bargaining prior to the expiration of thi s Agreement. All
language in this Agreement will remain the same from year to year unle ss either party to the Agreement
negotiates a change in the current language.
AGREEMENT (PUBLIC WORKS EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October 1, 2009 -September 3 0 ,2012
PAGE 12 OF 16
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ARTICLE 20 .................... NO STRIKE CLAUSE
20.1 Per RCW 41 .56.120, public employees are not permitted the right to strike or refuse to perform h is/her
assigned duties, and Local #589 shall so counsel its members.
20.2 Any employee violating this article shall be subject to immediate discharge or other disciplinary action as
determined appropriate.
ARTICLE 21 .................... NEGOTIATION NOTIFICATION
21.1 This Agreement shall become effective when signed by both the Union and the Employer and remain in
full force and effect from October I , 2009, through September 30, 2012. Should eithe r 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 shall be mailed to the other party not more than one hundred and eighty ( 180) days or less than
one hundred a nd fifty (150) days prior to the termination date of the Agreement, and all efforts will b e
made to complete negoti a ti ons no later than thirty (30) days prior to the termination date. Both parties,
after such notice has been given, s hall forthwith seek establishment of a meeting for the purpose of
discussion and negotiation of desired changes.
21.2 In the event that neither party provides s uch notice within the time period stated herein, the provisions of
this contract shall remain in effect after September 30, 2012, for a period of one (1) year.
ARTICLE 22 ................... POLICIES
Int ent iona lly left blank.
ARTICLE 23 ................... LEGALITY
Intentio nally left blank
ARTICLE 24 ................... INTERVIEW GUIDELINES
Intentionally left blank.
ARTICLE 25 ................... SHOP STEWARDS
Intentionally left blank.
ARTICLE 26 ................... MISCELLANEOUS
Intentionally left blank.
ARTICLE 27 ................... TEMPORARY EMPLOYMENT
Intentionally left blank.
AGREEMENT (PUBLIC WORKS E MPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October 1, 2009 -September 30, 20 12 City
PAGE 13 OF 16
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/Union
ARTICLE 28 ................... TRAINfNG AND EDUCATION
28.1 Public Works Em ployees s ha ll be e li gib le to receive the e ducational incentive pay of I % of base pay per
hour. T he em ployee mu st:
(1) Have an associate degree from an accredited college o r univers ity in an e ligible course of study; or
To receive th e educationa l incentive pay of2% of base pay pe r hour, the Public Works Emp loyee mu st:
(2) Have a bachelor's degree from an accredited co ll ege or university in an eligible course of study.
The member mu s t provide an official transcri pt and d ipl oma whic h is approved by the Department Head.
C ITY OF PORT OR~HARD
APPROVED AS TO FORM:
Gie~ttorney
AGREEMENT (PUBLIC WORKS EMPLOYEES)
C ITY OF PORT ORCHARD/TEAMSTERS #5 89
October 1, 2009 -September 30, 20 12
TEAMSTERS LOCAL #589
/.JOHN R. WITTE, BUSINESS
REPRESEN TATIV E
City
PAGE 14 OF 16
&"....)
/Union
APPENDIX "A"
TO THE
AGREEMENT
BY AND BETWEEN
CITY OF PORT ORCHARD
AND
TEAMSTERS LOCAL NO. 589
(Representing the Public Works Employees)
OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2012
A. 1 CITY OF PORT ORCHARD Rates of pay effective Effective October 1, 2009
Public Works Personnel
After 30 months
After 24 months
After 18 months
After 12 months
After 6 months
Starting pay
$27.06
$23.85
$22.85
$21.85
$20.92
$20.04
Community Service Supervisor
After 5 years $22.45
After 4 years $21.68
After 3 years $20.92
After2 years $20.15
Afterlyear $19.37
After 6 months $18.64
First 6 months $17.87
Public Works/Shop Mechanic
After 12 months $27.87
After 6 months $25.88
Starting. $25.01
Public Works Foreman
Hourly Rate $31.85
A.2 Effective October 1, 2009 the rates of pay set forth above may be increased by one hundred percent ( 1 00%)
of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-I984~100) for the
Seattle-Tacoma-Bremerton area for that period from June, 2008 to June, 2009, as is specified by the Bureau
of Labor Statistics, United States Department of Labor; provided, however, the COLA increase (if any)
shall not be less than zero percent (0%) nor more than one percent (I%).
AGREEMENT (PUBLIC WORKS EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October I, 2009-September 30, 2012 City
PAGE 15 OF 16
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A.3 Effective October I, 20 I 0 the rates of pay set forth above shall be increased by one hundred percent
(100%) of that percentage increas e set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100)
for the Seattle-Tacoma-Bremerton area for that period from June , 2009 to June , 20 I 0, as is specified by the
Bureau of Labor Statistics, United States Department of Labor; provided, however, the COLA increase
shall not be less than two percent (2%) nor more than four percent (4%).
A.4 Effective October I, 20 II the rates of pay set forth above shall be increased by one hundre d percent
(100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100)
for the Seattle-Tacoma-Bremerton area for that period from June, 2010 to June, 2011, as is specified by the
Bureau of Labor Statistics, United States Department of Labor; provided, however, the COLA increase
shall not be Jess than two percent (2%) nor more than four percent (4%).
IN WITNESS WHEREOF, the parties hereto have set their hands on this mday of ocfobw=
CITY OF PORT ORCHARD
APPROVED AS TO FORM:
1:\00CS\P\29473\Public Work siDoc s\PubWork s 102209.doc
AGREEMENT (PUBLIC WORKS EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October I, 2009 -September 30,2012
TEAMSTERS LOCAL #589
/JOHNR. WITTE, BUSINESS
REPRESENTATIVE
PAGE 16 OF 16
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, 2009.