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026-12 - Resolution - Collective Bargaining Agreement with Teamsters for Public Works Employeesll).troduced by: Requested by: Drafted by: Reviewed by: Introduced: Adopted: RESOLUTION NO. 026-12 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 PUBLIC WORKS EMPLOYEES WHEREAS, the City's Public Works 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 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 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 Public Works Employees and the City as attached hereto as Exhibit A and the Mayor is hereby authorized to execute the same. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 25th day of September 2012. Brandy Rinearson, CMC, City Clerk AGREEMENT BY AND BETWEEN CITY OF PORT ORCHARD, WASHINGTON AND TEAMSTERS LOCAL NO. 589 (Representing the Public Works 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 Public Works 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 .............................................................................. .4 ARTICLE 6 DISCHARGE & SUSPENSION .......................................................................................... 5 ARTICLE 7 GRIEVANCE AND ARBITRATION .................................................................................. 5 ARTICLE 8 HOURS OF WORK AND WORKING CONDITIONS ....................................................... 6 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 ...................................................................................................... 10 ARTICLE 16 HEALTH AND WELFARE ................................................................................................. 11 ARTICLE 17 NO REDUCTION IN BENEFITS ........................................................................................ 12 ARTICLE 18 UNIFORMALLOWANCE .................................................................................................. 12 ARTICLE 19 SAVINGS CLAUSE ............................................................................................................. 12 ARTICLE 20 NO STRIKE CLAUSE ......................................................................................................... 13 ARTICLE 21 NEGOTIATION NOTIFICAITON ...................................................................................... 13 ARTICLE 22 POLICIES ............................................................................................................................. 13 ARTICLE 23 LEGALITY ........................................................................................................................... 13 ARTICLE 24 INTERVIEW GUIDELINES ................................................................................................ 13 ARTICLE 25 SHOP STEW ARDS .............................................................................................................. 13 ARTICLE 26 MISCELLANEOUS ............................................................................................................. 13 ARTICLE 27 TEMPORARY EMPLOYMENT ......................................................................................... 13 ARTICLE 28 TRAINING AND EDUCATION ......................................................................................... 14 APPENDIX "A" .............................................................................................................................................. 15 AGREEMENT (PUBLIC WORKS EMPLOYEES) CITY OF PORT ORCHARD/TEAMSTERS #589 October 1, 2012-September 30, 2015 vtJftt City PAGE ;f; !6 ~ PREAMBLE AGREEMENT BY AND BETWEEN CITY OF PORT ORCHARD AND TEAMSTERS LOCAL NO. 589 (Representing the Public Works 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 1 ...................... 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 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 as a charitable organization under IRS code section 501(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 exercise, shall remain vested exclusively in the Employer. Management's rights shall include, but not be limited to, installation of time 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 1, 2012-September 30,2015 PAG.:z ;6 ~ 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 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 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 also 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 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 Moneys so deducted shall be mailed to the office of the Union on or before the tenth (lOth) 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. AGREEMENT (PUBLIC WORKS EMPLOYEES) CITY OF PORT ORCHARD/TEAMSTERS #589 October 1, 2012-September 30 ,2015 PAG ~~15 ~ 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 oflife, safety, or property. ARTICLE 6 ...................... DISCHARGE & SUSPENSION 6.1 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, gross insubordination, or 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, 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, 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 eighteen (18) months . Employees receiving a second warning notice for any reason while any previous warning remains in existence, may be subject to a suspension from work for a reasonable period of time. Employees receiving a second warning notice 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 existence, 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 or group of employees with respect to the interpretation or application of the provisions of this Agreement. 7.2 An employee or group of employees, or their delegated Union Representative, who consider they have a grievance may present such a grievance within thirty (30) calendar days of its alleged occurrence to the employee's immediate supervisor who shall attempt to resolve it within fifteen (15) calendar days after it is presented to the immediate supervisor. 7.3 If the employee or employees or their delegated Union Representative is/are not satisfied with the solution by the Supervisor, the grievance, in writing, may be presented within fifteen (15) calendar days of receipt from the immediate supervisor to the Department Director 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 If the employee or group of employees or their delegated Union Representative is not satisfied with the solution by the Department Director, the grievance, in writing together with all other pertinent material may be presented to the Mayor by the Union Representative, with fifteen (15) calendar days of receipt from the Department Director. 7.5 The employee may, after any grievance involving the interpretation or application of this agreement which is not resolved by the Mayor 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 AGREEMENT (PUBLIC WORKS EMPLOYEES) CITY OF PORT ORCHARD/TEAMSTERS #589 October 1, 2012-September 30, 2015 PAG~ Union regulations of PERC shall apply to the arbitration . The dec ision 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 emp loyee 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 forty (40) hours of work consisting of five (5) consecutive eight-hour days (Monday through Friday from 8:00am to 4:30 pro or four (4) consecutive ten- hour days (Monday through Thursday, or Tuesday through Friday) from 6:00 am to 4:30 pro. 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 forty (40) compensable hours in any one work week, shall be paid for at the rate of one-and-one-half (1 Y2) times the regular straight time hourly rate. Compensable hours are defmed 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 (1 Y2) 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 (1 Y2) 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 10 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 1, 2012-September 30, 2015 PAG ~~ Union 8.8 The Employer shall pay for all required Hepatitis inoculations. 8.9 OUT OF CLASS PAY-In the event an employee is assigned the duties of the Public Works Foreman, the employee shall be compensated as follows: 1st-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 responsibility: 100% of Public Works Foreman Base Wage rate 8.10 STANDBY PAY-The employee on standby duty must be able to respond within 45 minutes and shall not have consumed alcohol or non-prescription medications which could impair his/her ability to safely perform their job duties . They shall be paid twelve dollars and fifty cents ($12.50) per day while on standby duty. 8.11 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 recieve 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. Appendix "A" reflects the pertinent items from the City salary ordinance. 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. 9 .3 Longevity pay will be granted to eligible employees and adjusted thereafter on the anniversary date of their employment. In the event an eligible employee would receive an amount of longevity pay less than received prior to this contract, such employees' longevity pay would not be adjusted until their next anniversary date . 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 . 10.3 A "part-time employee" is any person employed by the Employer for less than forty (40) hours per week but not less than twenty (20) hours per week. AGREEMENT (PUBLIC WORKS EMPLOYEES) CITY OF PORT ORCHARD/TEAMSTERS #589 October 1, 2012-September 30, 2015 4tJP1 City PAG ~16 ~ 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. 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 11 .................... HOLIDAYS 11.1 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 ofNovember, 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 from 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 (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 . 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. AGREEMENT (PUBLIC WORKS EMPLOYEES) CITY OF PORT ORCHARD/TEAMSTERS #589 October 1, 2012-September 30, 2015 dmJ1 City PAG~.l~ ruon 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. 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 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 leave so taken, which request, when approved by the Department Director, 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 . 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. AGREEMENT (PUBLIC WORKS EMPLOYEES) CITY OF PORT ORCHARD/TEAMSTERS #589 October 1, 2012-September 30, 2015 J(?l7/ City PAGE ~16 ~ 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 Council for approval or disapproval. It will be signed by the Mayor and forwarded to the Human Resources Coordinator 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. 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). 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 defmed 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 AGREEMENT (PUBLIC WORKS EMPLOYEES) CITY OF PORT ORCHARD/TEAMSTERS #589 October 1, 2012-September 30, 2015 PAGE Y ~6 ~ 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 receive their normal pay. 15.3 LEAVE WITHOUT PAY-Leave without pay may be granted at the discretion 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 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 Department Director at the discretion of the appointing authority. ARTICLE 16 .................... HEALTHANDWELFARE 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 employee, spouse and dependents. 16.3 VISION COVERAGE -The Employer shall provide Vision Plan, Extended Benefits through the Washington Teamsters. 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. 16.4 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 may be eligible for medical benefits as set forth in this Article 16. 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. AGREEMENT (PUBLIC WORKS EMPLOYEES) CITY OF PORT ORCHARD/TEAMSTERS #589 October 1, 2012-September 30, 2015 vflft City PAG ~ Union 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 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 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. Employees who participate may not be eligible to return to medical coverage until open enrollment periods as outlined by the insurance carrier. An eligible employee, for purposes of this paragraph, means a full time employee. 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 18.1 Effective January 1, 2013 for the year 2013 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 Employees' purchase of job related clothing. Probationary employees shall be entiteld to a prorated sum on the first pay period after the termination of their probationary status. Job related clothing shall be suitable for both outdoor and indoor work conditions, shall project a professional look, and shall be in conformance with the Employer'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 Employer shall 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 contamination. 18.3 The Employer shall pay an amount equal to current vision plan benefits for the replacement or repair of prescription glasses/contacts when such items are lost of damaged in the line of duty, provided such loss or damage is not the result of employee negligence. 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 language in this Agreement will remain the same from year to year unless either party to the Agreement negotiates a change in the current language. AGREEMENT (PUBLIC WORKS EMPLOYEES) CITY OF PORT ORCHARD/TEAMSTERS #589 October 1, 2012-September 30 , 2015 Je£? City PAGE 12 OF 16 ~~/ UlliOn 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. ARTICLE 27 .................... TEMPORARY EMPLOYMENT Intentionally left blank. AGREEMENT (PUBLIC WORKS EMPLOYEES) CITY OF PORT ORCHARD/TEAMSTERS #589 October 1, 2012-September 30,2015 J(!df City PAG~13 F16 ~/ 'Ilion ARTICLE 28 .................... TRAINING AND EDUCATION 28.1 Public Works 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% of base pay per hour, the Public Works 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 which is approved by the Department Head. CITY OF PORT ORCHARD ~~~-&/ TIMOTHY C. TTHES, MAYOR APPROVED AS TO FORM : AGREEMENT (PUBLIC WORKS EMPLOYEES) CITY OF PORT ORCHARD/TEAMSTERS #589 October 1, 2012-September 30,2015 TEAMSTERS LOCAL #589 /fOHNR:WiTTE, BUSINESS REPRESENTATIVE PAG ~6 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, 2012 THROUGH SEPTEMBER 30,2015 A. 1 CITY OF PORT ORCHARD Rates of pay effective Effective October 1, 2012 shall remain the same as the preceding year. These rates are as follows: Public Works Personnel After 30 months $28.48 After 24 months $25.11 After 18 months $24.06 After 12 months $23.00 After 6 months $22.02 Starting pay $21.09 Community Service Supervisor After 5 years $23.63 After 4 years $22.82 After 3 years $22.02 After 2 years $21.21 After 1 year $20.39 After 6 months $19.62 First 6 months $18.81 Public Works/Shop Mechanic After 12 months $29.34 After 6 months $27.24 Starting. $26.33 Public Works Foreman Hourly Rate $33.53 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. AGREEMENT (PUBLIC WORKS EMPLOYEES) CITY OF PORT ORCHARD/TEAMSTERS #589 October 1, 2012-September 30, 2015 dLP&1 City PAGE~l6 ~ 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 than 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 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 ..2.11_ day of September, 2012 . CITY OF PORT ORCHARD k~a~ TIMOTHY C. TTHES, MAYOR APPROVED AS TO FORM: 1:\DOCS\P\3 1221 \Public Works\do cs\Public Works CBA 082012 151 O.do c AGREEMENT (PUBLIC WORKS EMPLOYEES) CITY OF PORT ORCHARD/TEAMSTERS #589 October 1, 2012-September 30 ,2015 TEAMSTERS LOCAL #589 -HN R . WITTE, BUSINESS REPRESENTATIVE ~/!/11 City PAGE ~~6 ~