025-12 - Resolution - Collective Bargaining Agreement with Teamsters for Municipal Court EmployeesIntroduced by:
Requested by:
Drafted by:
Reviewed by:
Introduced:
Adopted:
RESOLUTION NO. 025-12
City Attorney
City Negotiating Team
City Attorney
City Attorney
September 25, 2012
September 25, 2012
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, RATIFYING . A COLLECTIVE BARGAINING
AGREEMENT WITH TEAMSTERS LOCAL NO. 589
REPRESENTING THE MUNICIPAL COURT EMPLOYEES
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 September 30, 2012; 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 CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: 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.
AGREEMENT
BY AND BETWEEN
CITY OF PORT ORCHARD, WASHINGTON
AND
TEAMSTERS LOCAL NO. 589
(Representing the Municipal Court Employees)
OCTOBER 1, 2012 THROUGH SEPTEMBER 30,2015
ARTICLE
TABLE OF CONTENTS
to the
AGREEMENT
By and Between
CITY OF PORT ORCHARD
and
TEAMSTERS LOCAL NO. 589
(Representing the Municipal Court Employees)
October 1, 2012 through September 30, 2015
TITLE PAGE
ARTICLE 1 EXCLUSIVE BARGAINING REPRESENTATIVE ........................................................... 3
ARTICLE 2 NONDISCRIMINATION .................................................................................................... 3
ARTICLE 3 UNION SECURITY ............................................................................................................. 3
ARTICLE 4 RIGHTS OF MANAGEMENT ............................................................................................ 3
ARTICLE 5 UNION AND EMPLOYEE'S RIGHTS ............................................................................... 5
ARTICLE 6 DISCHARGE & SUSPENSION .......................................................................................... 6
ARTICLE 7 GRIEVANCE AND ARBITRATION .................................................................................. 6
ARTICLE 8 HOURS OF WORK AND WORKING CONDITIONS ....................................................... 7
ARTICLE 9 WAGES , LONGEVITY PAY .............................................................................................. 7
ARTICLE 10 DEFINITIONS ..................................................................................................................... 7
ARTICLE 11 HOLIDAYS .......................................................................................................................... 8
ARTICLE 12 VACATIONS ....................................................................................................................... 8
ARTICLE 13 SICK LEAVE ....................................................................................................................... 9
ARTICLE 14 BEREAVEMENT ................................................................................................................. 10
ARTICLE 15 LEAVES OF ABSENCE ...................................................................................................... 11
ARTICLE 16 HEALTH AND WELFARE ................................................................................................. 11
ARTICLE 17 NO REDUCTION IN BENEFITS ........................................................................................ 12
ARTICLE 18 UNIFORM ALLOW ANCE .................................................................................................. 12
ARTICLE 19 SAVINGS CLAUSE ............................................................................................................. 12
ARTICLE 20 NO STRIKE CLAUSE ......................................................................................................... 13
ARTICLE 21 NEGOTIATION NOTIFICATION ...................................................................................... 13
ARTICLE 22 POLICIES ............................................................................................................................. 13
ARTICLE 23 LEGALITY ........................................................................................................................... 13
ARTICLE 24 INTERVIEW GUDIELINES ................................................................................................ 13
ARTICLE 25 SHOP STEW ARDS .............................................................................................................. 13
ARTICLE 26 MISCELLANEOUS ............................................................................................................. 13
ARTICLE 27 TEMPORARY EMPLOYMENT ......................................................................................... 14
ARTICLE 28 TRAINING AND EDUCATION ......................................................................................... 14
ARTICLE 29 COURT DECORUM ............................................................................................................ 14
APPENDIX "A" .............................................................................................................................................. 15
AGREEMENT (MUNICIPAL COURT EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October 1, 2012-September 30 , 2015
CITY
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PREAMBLE
AGREEMENT
BY AND BETWEEN
CITY OF PORT ORCHARD
AND
TEAMSTERS LOCAL NO. 589
(Representing the Municipal Court Employees)
October 1, 2012 through September 30, 2015
THIS AGREEMENT, dated for reference purposes only the 1st day of October, 2012, is entered into by the CITY
OF PORT ORCHARD, WASHINGTON, hereinafter the "Employer", and TEAMSTERS LOCAL NO . 589,
hereinafter the "Union".
ARTICLE ! ...................... EXCLUSIVE BARGAINING REPRESENTATIVE
1.1 The Employer recognizes Teamsters Local No. 589 as the exclusive bargaining representative for all
employee classifications as found in Appendix "A". This Agreement does not cover temporary employees,
supervisors, department heads and any other City job classifications not listed in Appendix "A".
ARTICLE 2 ...................... NONDISCRIMINATION
2.1 The Employer and the Union agree that employment shall be consistent with applicable state and federal
laws regarding discrimination.
ARTICLE 3 ...................... UNION SECURITY
3.1 It is a condition of employment that all current employees covered by this agreement on the date of
ratification and those employees hired after its execution shall by the 30th 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 as a charitable organization under IRS code section 501(c)(3).
An amount equal to the union initiation fee shall be paid within thirty (30) days of initial hire. There shall
be paid monthly a service fee equal to the monthly union dues.
ARTICLE 4 ...................... RIGHTS OF MANAGEMENT
4.1 Subject only to the terms and conditions of the Agreement all of management's inherent rights, powers,
authority and functions, whether heretofore or hereafter exercised and regardless of the frequency of their
exercise, shall remain vested exclusively in the Employer. Management's rights shall include, but not be
limited to, the following:
(1) The determination of Department policy, including the right to manage the affairs of the Department
in all respects;
AGREEMENT (MUNICIPAL COURT EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October 1, 2012-September 30, 2015 JMIL
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(2) The right to assign working hours, including overtime;
(3) The right to establish, modify or change work schedules, managing of facilities and equipment,
including the amount of facilities and equipment;
(4) The right to direct the employees of the Department, including the right to hire , evaluate
qualifications, evaluate skill and ability, promote, demote, suspend, layoff and dis cipline or discharge
for just cause ;
( 5) The right to organize and reorganize the Department in any manner it chooses, including the size of
the Department and the determination of job classifications and rank based upon duties assigned,
except where such changes impact conditions of employment, wherein the Employer will notify the
Union of its intent and offer the opportunity to bargain prior to the implementation by the Employer;
(6) The determination of the safety, health and property protection measures for the Department in
accordance with applicable statutes and regulations;
(7) The selection, promotion or transfer of employees to supervisory or other managerial or technical
positions;
(8) The allocation and assignment of work to employees within the Department;
(9) The determination of policy affecting selection or training of employees;
( 10) The scheduling of operations and determination of the number and duration of hours of assigned duty
per week, except that the Employer will notify the Union of its intent and offer the opportunity to
bargain prior to implementation by the Employer;
(11) The establishment, modification and enforcement of Department rules, regulations and orders;
(12) The transfer of work from one position to another within the Department;
(13) The introduction of new, improved or different methods and techniques of operation of the
Department or changes in existing methods and techniques ;
(14) The placing of service, maintenance or other work with outside contractors or agencies of the
Employer;
(15) The determination of the number of classifications and the number of employees within each
classification; and
(16) The determination of the amount of supervision necessary.
The failure of the Employer to exercise a management right, or its exercise of that right in a particular way, shall not
create a vested right in the Employee to a continuation of a past practice with regards thereto.
4.2 PROBATION -Employees shall serve a probationary period of (12) twelve months and shall have no
seniority rights during that period. After twelve (12) months an employee's seniority date shall become the
date on which the employee started the probation period.
The Union may not question the dismissal of any probationary employee nor shall the dismissal be the
subject of a grievance .
AGREEMENT (MUNICIPAL COURT EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October 1, 2012-September 30 , 2015 vMJ
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4.3 PROMOTION-PROBATION -The probationary period for an employee who has been promoted to a new
classification shall be six (6) months. If an employee's performance in the new classification is found to be
unacceptable, the employee shall have the right to return to the position from which the employee was
promoted . In the event an employee is found to be unacceptable in the new classification during the
probationary period , the employee and the Union may not question the Employer's decision to return the
employee to a previously held position, nor shall the Employer's action be the subject of a grievance .
ARTICLE 5 ...................... UNION AND EMPLOYEE'S RIGHTS
5.1 Duly authorized Union Representatives shall be permitted access to the properties of the Employer at
reasonable times for the purpose of observing working conditions and transacting Union business;
provided, however, that the Union Representative first secures approval from a designated Employer
representative and that no interference with the work of employees or the proper operation of the Employer
shall result .
5.2 The Employer agrees to provide bulletin board space for posting of official Union notices which shall be
signed by a responsible agent of the Union.
5.3 The Union shall be permitted to establish a job steward. The duties of the job steward shall be to give the
Union notice of new employees hired and to receive complaints which will be communicated to the
business agent of the Union, who in tum may take the matter up with the Employer. The job steward may
also collect members' dues and may sign up new employees. Union activities (except labor negotiations)
shall not be carried on during working hours. Labor negotiations shall occur at mutually convenient times .
The participating employee shall be in a paid status during normal working hours , unless the Employer, in
its sole discretion, decides otherwise.
5.4 Any employee receiving higher wages or enjoying more favorable conditions than provided for in this
Agreement shall not suffer by reason of its signing or adoption.
5.5 The Employer shall deduct regular Union initiation fees and dues when presented an authorization card
signed by the employee.
5 .6 The Union will supply to the Employer, signed payroll deduction authorization cards for the payroll
deduction of Union initiation fees and dues for the Employer's records.
5. 7 Monies so deducted shall be mailed to the office of the Union on or before the tenth (1Oth) of each month,
accompanied with a list of the employees and amount deducted. Deduction of dues shall be optional with
the employee . The Union and each employee authorizing the assignment of wages for payment of Union
dues hereby undertake to indemnify and hold the Employer harmless from all claims, demands , suits or
other forms of liability that may arise against the Employer for or on account of any deduction made from
the wages of such employee.
5.8 No employee shall be unlawfully discriminated against for upholding Union principles and any person who
works under the instructions of the Union or who serves on a committee shall not lose their job or be
discriminated against for that reason.
5.9 It shall not be a violation of this Agreement or cause for discharge of any employee who refuses to cross a
legal, primary picket line in the performance of their duty, excluding emergency situations such as
protection of life, safety, or property.
AGREEMENT (MUNICIPAL COURT EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October 1, 2012-September 30, 2015 Jt£11
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ARTICLE 6 ...................... DISCHARGE & SUSPENSION
6.1 The employer agrees that no employee shall be disciplined without just cause . Whenever the Employer
believes the employee has committed acts such as, but not limited to, dishonesty, drunkenness, improper
use of controlled substances or abuse of medications whether prescribed or not, willful destruction of
property or equipment, recklessness, or gross insubordination, may be subject to immediate termination
from employment.
6.2 Employees guilty of lesser infractions such as but not limited to, chronic lateness for work, careless work
habits, misuse of equipment, reporting for duty while under the influence of prescribed or non-prescribed
medications which may have an effect or side effect to be expected by the printed label or monograph
which could impair the efficiency of his/her work, or failure to observe Employer rules, shall be given a
written warning notice, with a copy to the Union. Warning notices shall remain on file and in effect in an
employee's personnel records for a period of twenty-four (24) months . Employees receiving a second
warning notice during an eighteen (18) month period involving the reoccurrence of a previously warned
incident or condition which remains in effect, may be subject to a suspension from work and/or termination
from employment. In the event an employee receives a third warning notice for any reason, while any two
warning notices of any complaint remain in effect, then such employee may be subject to a suspension
from work and/or termination of employment.
6.3 The Union shall have the right to investigate any notices involving the discharge, suspension or warning of
any employee, and the option of proceeding with the grievance procedure as recognized under Article 7 of
this Agreement.
ARTICLE 7 ...................... GRIEVANCE AND ARBITRATION
7.1 A "grievance" means a claim or dispute by an employee(s) or Union Representative with respect to the
interpretation or application of the provisions of this Agreement.
7.2 An employee(s) who believes they have a grievance may present such a grievance within ten (10) calendar
days of its alleged occurrence to the Court Administrator. If the alleged grievable occurrence occurs while
the employee is not at work (on sick leave, vacation, holiday, excused leave of absence) then the ten (10)
day period shall not commence to run until the first working day that the employee returns back to duty.
The Union Representative shall have thirty (30) days to present a grievance after its alleged occurrence.
The Court Administrator shall attempt to resolve the grievance within ten (10) days after the grievance is
presented to him or her.
7.3 If the employee(s) or the Union Representative is/are not satisfied with the solution by the Court
Administrator, the grievance , in writing, may be presented within ten (10) calendar days of receipt from the
Court Administrator to the Judge, who shall attempt to resolve it within thirty (30) calendar days after it has
been presented to him or her. It is required that the written statement include the section of the Agreement
allegedly violated, the facts, and the remedy sought.
7.4 Neither the arbiter nor any other person or persons involved in the grievance procedure shall have the
power to negotiate new agreements or to change any of the present provisions of this Agreement.
7.5 The employee may, after any grievance involving the interpretation or application of this agreement which
is not resolved by the Judge within thirty (30) calendar days after it is presented to him or her, file a request
for arbitration through the Public Employment Relations Commission (PERC). The rules and regulations
of PERC shall apply to the arbitration. The decision of the arbitrator shall be binding on both parties.
AGREEMENT (MUNICIPAL COURT EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October 1, 2012-September 30, 2015 .::JCtJ/1
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ARTICLE 8 ...................... HOURS OF WORK AND WORKING CONDITIONS
8.1 WORKWEEK-A maximum regular work week shall be forty (40) hours of work during the time period
from 7:00A.M. on Monday through 6:00P.M. on the following Friday. The hours of work shall be set at
the discretion of the Judge.
8.2 OVERTIME-Compensable hours in excess of forty (40) hours in any one work week, shall be paid for at
the rate of one-and-one-half (1-~) times the regular straight time hourly rate. Compensable hours are
defmed as sick pay, vacation pay, holiday pay, or pay for hours worked. Hours worked in excess of eight
(8) hours in a day that is not scheduled shall be deemed overtime.
8.3 COMPENSATORY TIME-If the employee prefers, overtime may be credited to compensatory leave time
at the rate of one and one-half (1-~) 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 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.
8.5 OUT OF CLASS PAY -There is no out of class pay unless employee is assigned to the position for more
than thirty (30) calendar days .
1st-30th calendar days: no additional pay
31st calendar day or more: 8% premium pay added to current hourly rate
8.6 If Employer closes City Hall due to inclement weather, and the Employer pays employees for a full shift,
even though the employee only worked a portion of said shift, then those employees who are required by
the Employer to complete their full shift shall be compensated an additional number of hours equal to the
number of hours that the other employees were paid but did not work. For example, if City Hall closed
after being open for 3 hours and employees are sent home and receive five hours of pay for which they did
not work, any remaining employees required to stay by the Employer shall receive five hours of pay, in
addition to the hours worked on the day in question. The foregoing shall not apply to situations where City
Hall is closed to the public , but remains open for employees to work.
ARTICLE 9 ...................... WAGES , LONGEVITY PAY
9.1 All employees covered by this Agreement shall be classified and compensated in accordance with
Appendix "A" attached hereto and considered part of this Agreement.
9.2 After completion of two (2) years full-time employment, an employee shall be eligible for longevity pay.
Such longevity pay shall be the employee's base pay plus one-quarter of one percent (.25%) for each
additional year of employment. Each longevity pay increase shall commence on his/her anniversary date of
employment and each longevity increase shall be calculated on the base pay for the position held by the
employee. Employees hired after February 12, 2001 shall not be entitled to longevity pay.
ARTICLE 10 .................... DEFINITIONS
10.1 DEFINITIONS-In construing the provisions of this agreement, the following definitions shall apply :
10.2 A "full-time employee" is any person employed by the Employer who devotes his full time to the job
during working hours on a yearly basis.
AGREEMENT (MUNICIPAL COURT EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October 1, 2012-September 30, 2015 :11!/11
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10 .3 A "part-time employee" is any person employed by the Employer for le ss th an forty (40) hours per week
but not less than twenty (20) hours per week.
10.4 A "temporary employee" is any person employed by the Employer for not to exceed six (6) months
duration . The Employee will be considered "full time" or "part-time" when his or her continuous service
exceeds six (6) months .
ARTICLE 11 .................... HOLIDAYS
11.1 All employees shall be entitled to observe the following hol idays with pay: the first day of January,
commonly called New Years Day; the third Monday of January, being celebrated as the birthday of Martin
Luther King , Jr .; the third Monday of February, being celebrated as the anniversary of the birth of George
Washington; the last Monday of May, commonly known as Memorial Day; the fourth day of July, being
the anniversary of the Declaration of Independence; the first Monday in September, known as Labor Day,
the eleventh day of November, known as Veteran's Day; the fourth Thursday of November, known as
Thanksgiving Day; the day after Thanksgiving; the twenty-fifth day of December, commonly called
Christmas Day. 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 from providing
continued public service . If the employee is hired after July 1 then the employee shall only receive one (1)
floating holiday in the year of hire.
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 Judge or Court
Administrator .
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 (1) day and the remainder the other day, to permit continued
operation of vital functions.
ARTICLE 12 .................... VACATIONS
12.1 After one (1) 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 (11) 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 (1)
bonus day (8 hours) of vacation for each year will be credited to his /her vacation account (i.e., the
employee shall receive 1 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 .
AGREEMENT (MUNICIPAL COURT EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October 1, 2012-September 30, 2015
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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
Judge or Court Administrator.
12.3 Each employee must use at least 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 (1 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 employee'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 of thirty (30) days of vacation effective January 1 of each year.
All other accrued vacation not used by 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
13.1 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 (1) 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 Court
Administrator 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 leave so taken,
which request, when approved by the Court Administrator, shall be forwarded to the Human Resources
Coordinator 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.
AGREEMENT (MUNICIPAL COURT EMPLOYEES)
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13.5 Advance sick leave may be granted in cases of serious disabilities or ailments of the employee . Sick leave
credit advanced shall be limited to not more than twelve (12) and not less than five (5) consecutive
workdays. It shall be further limited to cases in which it is believed that the employee will return to full
duty for a period of time sufficient to liquidate the advance.
13.6 Requests for advance sick leave shall be submitted by the employee to the Court Administrator. The Court
Administrator shall make a recommendation on the proposed request and forward it to the Judge for
approval or disapproval. It will be signed by the Judge and forwarded to the Human Resources
Coordinator for filing in the employee's file , and the employee will be notified of the Judge's decision by
the Court Administrator.
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 Court Administrator and at the discretion of
the Judge .
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.
13.10 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 no/100 Dollars
($50,000 .00). Only employees 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 eligibility requirements of the
subject policy.
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 Judge and/or Court Administrator . For travel out
of State an employee shall receive, subject to the approval of the Judge and/or Court Admini strator an
additional sixteen (16) hours of paid bereavement leave . Part time employees shall receive bereavement
leave at 50% of the above hours .
14 .2.1 For purposes of paragraph 14.1 above, "immediate family" means the employee's spouse, children, step-
children, sister, brother, grandmother, grandfather, mother, father, mother-in-law, and father-in-law, and
any other familial inhabitant of the employee's household .
AGREEMENT (MUNICIPAL COURT EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October 1, 2012-September 30, 2015 ..:JC{J4
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ARTICLE 15 .................... LEAVES OF ABSENCE
15.1 CIVIL LEAVE-Any necessary leave may be allowed by the Judge and/or Court Administrator 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
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 1st 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 Reserve Corps unit. During the
period of military leave the employee shall continue to receive his or her normal salary, in addition to
whatever is received by the employee from the military.
15.3 LEAVE WITHOUT PAY -Leave without pay may be granted at the discretion of the Judge and/or Court
Administrator. Such leave will be granted only after all sick leave , if applicable, vacation and
compensatory time has been exhausted and under no circumstances in excess of ninety (90) calendar days .
Leave without pay shall not be granted for the purpose of the employee accepting other temporary
employment or to gain personal advantage or profit. During an authorized leave without pay, the employee
shall not receive any benefits nor shall they continue to accrue seniority. Nothing herein is intended to
supersede the employee's rights under applicable State or Federal Leave Law.
15.4 UNAUTHORIZED ABSENCE-Unauthorized absence from duty for three (3) consecutive working days
shall constitute grounds for dismissal upon recommendation of the Judge and/or Court Administrator at the
discretion of the appointing authority.
ARTICLE 16 ............. HEALTH AND WELFARE
16.1 MEDICAL COVERAGE-Subject to the remaining terms of this Article 16, the Employer will provide
health insurance coverage through the Association of Washington Cities (AWC) HealthFirst Plan or Group
Health Co-pay plan 1.
16.2 DENTAL COVERAGE-The Employer shall provide Teamsters Plan A Dental through the Washington
Teamsters , for the full time employee, spouse and dependents.
16.3 VISION COVERAGE -The Employer shall provide Vision Plan, Extended Benefits through the
Washington Teamsters for the full-time employee.
16.3.1 All employees that have Dental Plan "A" and Vision Plan "EXT" through Washington Teamsters Welfare
Trust must meet the eligibility threshold and be compensated for at least forty (40) hours per month to
qualify for the above benefits as per the Trusts operating guidelines. If the employee does not meet the
eligibility requirement, then they are not entitled to the benefits or alternative compensation for the same.
16.3.2 MEDICAL BENEFITS FOR PART-TIME EMPLOYEES-Subject to the remaining terms of this Article
16, for part-time employees hired prior to December 9, 1996 the employer will pay 90% of the medical
insurance premium, less applicable employee co-payment. The employee shall pay their 10% of the
medical insurance premium by payroll deduction. The employee may elect to purchase medical insurance
coverage for their spouse and/or dependents at their own expense by payroll deduction. Subject to the
AGREEMENT (MUNICIPAL COURT EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October 1, 2012-September 30, 2015 ~11
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PAGE 11 OF 16
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remaining terms of this Article 16, for part-time employees hired after December 9 , 1996 the employer will
pay 50% of the medical insurance premium as specified above for the employee only if the employee elects
to pay 50% of the premium by payroll deduction. The employee may elect to purchase medical insurance
coverage for their spouse and/or dependents at their own expense by payroll deduction.
16.4 The Employer shall have the right to change the health and welfare insurance company and/or plan so long
as the impacts to the employee are cost neutral and the benefits in the new plan are substantially the same
as the benefits in the plan in effect at the time the plan change is to be implemented .
16.4 .1 Full-time 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 shall be based on a
numeric percentage of the total cost of the monthly premium for the subject plan (including the cost to
insure dependents , if applicable). The amount of the numeric percentage shall be calculated by converting
the monthly dollar amount employees are required to pay for each of the subject medical plans as of
September 30, 2012 into a percentage basis. Employees shall then be responsible for paying this same
percentage for each respective medical plan after September 30, 2012 . 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 shall be
responsible for paying the same percentage of the increased monthly premium amount for that respective
plan.
16.4.2 The parties acknowledge the Employer's current health and welfare plans. Provided, however, if the total
cost of monthly premiums for said plans increase by more than twenty-five percent (25%), the parties shall
meet and confer.
16.5 For payroll deduction purposes, the monthly premium determined above in this Article 16 shall be rounded
to the nearest dollar.
16 .6 If an eligible employee elects to waive the Employer medical coverage as provided in this Article 16 and
the related insurance companies involved allow for such 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. An
eligible employee includes any full time employees as well as part time employees hired prior to December
9, 1996. Employees who participate may not be eligible to return to medical coverage until open enrollment
periods as outlined by the insurance carrier.
ARTICLE 17 .................... NO REDUCTION IN BENEFITS
17.1 No ordinance granting any employee a benefit shall be changed during the term of the Agreement which
would reduce the benefits to the employees for the duration of this Agreement.
ARTICLE 18 ................... UNIFORM ALLOWANCE
Intentionally left blank.
ARTICLE 19 .................... SAVINGS CLAUSE
19 .1 Should any provisions of this Agreement be found to be in violation of any federal or state law, or declared
invalid by a court action, all other provisions of this Agreement shall remain in full force and effect for the
duration of this Agreement. The Employer and the Union agree that any invalid provision of this
Agreement shall be modified through collective bargaining prior to the expiration of this Agreement. All
AGREEMENT (MUNICIPAL COURT EMPLOYEES)
CITY OF PORT ORCHARD /TEAMSTERS #589
October 1, 2012-September 30 , 2015 ~-}((»/
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PAGE 12 OF 16
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language in this Agre ement will remain the same from year to year unless either party to the Agreement
negotiates a change in the current language .
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 his/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 1, 2012 through September 30, 2015. Should either party to this
Agreement wish to commence collective bargaining discussion over any changes they wish to introduce
into a subsequent agreement, it is agreed that notice of such party's desire to open collective bargaining
discussion shall be mailed to the other party not more than one hundred and eighty (180) days or less than
one hundred and fifty (150) days prior to the termination date of the Agreement , and all efforts will be
made to complete negotiations no later than thirty (30) days prior to the termination date . Both parties,
after such notice has been given, shall forthwith seek establishment of a meeting for the purpose of
discussion and negotiation of desired changes .
21.2 In the event that neither party provides such notice within the time period stated herein , the provisions of
this contract shall remain in effect after September 30 , 2015, for a period of one (1) year.
ARTICLE 22 ................... POLICIES
Intentionally left blank.
ARTICLE 23 ................... LEGALITY
Intentionally left blank.
ARTICLE 24 ................... INTERVIEW GUIDELINES
Intentionally left blank.
ARTICLE 25 ................... SHOP STEWARDS
Intentionally left blank.
ARTICLE 26 ................... MISCELLANEOUS
Intentionally left blank.
AGREEMENT (MUNICIPAL COURT EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October 1, 2012-September 30, 2015 0{])14
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ARTICLE 27 ................... TEMPORARY EMPLOYMENT
Intentionally left blank.
ARTICLE 28 ................... TRAINING AND EDUCATION
28.1 Municipal Court Employees shall be eligible to receive the educational incentive pay of 1% of base pay
per hour. The employee must:
( 1) Have an associate degree from an accredited college or university in an eligible course of study; or
To receive the educational incentive pay of2% ofbase pay per hour, the Municipal Court Employee must:
(2) Have a bachelor's degree from an accredited college or university in an eligible course of study.
The member must provide an official transcript and diploma.
ARTICLE 29 ................... COURT DECORUM
29.1 Judges are admonished by the Code of Judicial Conduct to be "patient, dignified, and courteous to litigants,
jurors, witnesses, lawyers," and others with whom they deal in their official capacity. Additionally, Judges
must perform judicial duties without bias or prejudice.
29 .2 These principles apply to all those who are a part of the Court, as all play an important role and are seen by
the public as representatives of the Judge and the judicial system. The Judge must require and enforce the
highest level of professionalism both within and outside the courtroom - a level of professionalism to which
the Judge as well as the staff should be held.
29.3 The Judge must provide a workplace atmosphere that encourages individual growth and development, i.e.,
by having employees who are willing to follow the rules, work hard, be respectful of each other and be part
of an environment which ensures efficient operation of the Court. That is the obligation owed to the public
by the Judge and is an obligation shared by staff.
CITY OF PORT ORCHARD
~~{!!Jj-a~
TIMOTHY C . MA HES, MAYOR
APPROVED AS TO FORM:
AGREEMENT (MUNICIPAL COURT EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October 1, 2012-September 30, 2015
TEAMSTERS LOCAL #589
PAGE 14 OF 16
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APPENDIX "A"
TO THE AGREEMENT BY AND BETWEEN
CITY OF PORT ORCHARD
AND
TEAMSTERS LOCAL NO. 589
(Representing the Municipal Court Employees)
October 1, 2012 through September 30, 2015
A. 1 CITY OF PORT ORCHARD Rates of pay effective October 1, 2012 shall remain the same as the
preceding year. These rates are as follows:
Lead Court Clerk
Step 7 After 5 years
Step 6 After 4 years
Step 5 After 3 years
Step 4 After 2 years
Step 3 After 1 year
Step 2 After 6 months
Step 1 First 6 months
Court Clerk
Step 7
Step 6
Step 5
Step 4
Step 3
Step 2
Step 1
After 5 years
After 4 years
After 3 years
After 2 years
After 1 year
After 6 months
First 6 months
$26.89
$26.08
$25.26
$24.43
$23.63
$22.82
$22.02
$22.40
$21.65
$20.91
$20.12
$19.37
$18.61
$17.89
A.2 As an inducement to execute this Agreement, employees shall receive a signing bonus of three hundred
dollars ($300.00) to be paid within 60 days of ratification of this Agreement by the Union and the
Employer.
A.3 Effective October 1, 2013 the rates of pay set forth above may be increased by one hundred percent (100%)
of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the
Seattle-Tacoma-Bremerton area for that period from June, 2012 to June, 2013, 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 thim two percent (2%).
A.4 Effective October 1, 2014 the rates of pay set forth above shall be increased by one hundred percent
(100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100)
for the Seattle-Tacoma-Bremerton area for that period from June, 2013 to June, 2014, as is specified by the
AGREEMENT (MUNICIPAL COURT EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October 1, 2012-September 30, 2015
PAGE 15 OF 16
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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 two-and-a-half percent (2.5%).
IN WITNESS WHEREOF , the parties hereto have set their hands on this Z-8 day of September, 2012 .
CITY OF PORT ORCHARD
A~~
Brandy Rinearson, City Clerk
APPROVED AS TO FORM:
1:\DOCS\P\3 1221 \Court Clerks\docs\MuniCo urt CBA 082 01 2 143 l.doc
AGREEMENT (MUNICIPAL COURT EMPLOYEES)
CITY OF PORT ORCHARD/TEAMSTERS #589
October 1, 2012-September 30, 2015
TEAMSTERS LOCAL #589
~£~·
/JOHN R. WITTE, BUSINESS
REPRESENTATIVE
PAGE 16 OF 16
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