HomeMy WebLinkAboutHR2000-0109 - Original - Driver Salesmen and Warehouse's Union - Local #117 - 2000-2002 Labor Agreement CITY OF KENT
and
DRIVER SALES AND WAREHOUSE
LOCAL UNION NO. 117
Affiliated with the
International Brotherhood of Teamsters
JANUARY 1, 2000 - DECEMBER 31, 2002
TABLE OF CONTENTS
PREAMBLE.................................................................................................................... 1
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT............................................... 1
SECTION 1.1 UNION RECOGNITION...............................................................................................1
SECTION 1.2 EXCLUDED EMPLOYEES...........................................................................................1
SECTION 1.3 DISPUTE RESOLUTION .............................................................................................2
ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION.................................... 2
SECTION 2.1 MANDATORY OPTIONS- UNION MEMBERSHIP...........................................................2
SECTION 2.2 DUES DEDUCTION....................................................................................................2
SECTION 2.3 LIST OF EMPLOYEES FURNISHED BY UNION..............................................................3
SECTION 2.4 UNION REFUND TO EMPLOYER.................................................................................3
ARTICLE3 - SENIORITY............................................................................................... 3
SECTION3.1 DEFINITION..............................................................................................................3
SECTION 3.2 SENIORITY CANCELLATION.......................................................................................3
SECTION 3.3 ORDER OF LAYOFF...................................................................................................4
SECTION 3.4 TRANSFER OF SENIORITY.........................................................................................4
SECTION 3.5 RETURN TO WORK...................................................................................................4
ARTICLE 4-TRANSFERS & VACANCIES .................................................................. 5
SECTION 4.1 TRANSFER TO DIFFERENT POSITION ........................................................................5
SECTION4.2 JOB OPENINGS ........................................................................................................5
ARTICLE 5 - HOURS OF WORK................................................................................... 5
SECTION 5.1 NORMAL WORKWEEK ..............................................................................................5
SECTION 5.2 ALTERNATIVE WORK SCHEDULES ............................................................................5
SECTION5.3 OVERTIME................................................................................................................6
SECTION 5.4 COMPENSATORY TIME .............................................................................................6
SECTION 5.5 SCHEDULE CHANGES- NOTICE................................................................................6
SECTION 5.6 MEALS AND REST PERIODS......................................................................................7
SECTION5.7 CALL BACK..............................................................................................................7
SECTION 5.8 PHONE CALLS/WORK AT HOME................................................................................7
SECTION 5.9 MANDATORY STANDBY DUTY...................................................................................8
SECTION 5.10 SHIFT DIFFERENTIAL..............................................................................................8
SECTION 5.11 REGULAR STARTING/QUITTING TIME......................................................................8
ARTICLE 6 - UNION ACTIVITIES.................................................................................. 9
SECTION 6.1 BUSINESS REPRESENTATIVES OF THE UNION...........................................................9
SECTION 6.2 EMPLOYEE UPHOLDING UNION PRINCIPLES/PERFORMING DUTIES............................9
ARTICLE 7 - LABOR - MANAGEMENT COMMITTEE .................................................. 9
ARTICLE 8 - GRIEVANCE PROCEDURE ................................................................... 10
SECTION 8.1 GRIEVANCE OR DISPUTE OVER PROVISIONS OF AGREEMENT................................ 10
SECTION 8.2 DISCIPLINARY ACTION BY THE EMPLOYER ............................................................. 11
SECTION 8.3 MEETINGS RELATIVE TO DISCIPLINE...................................................................... 11
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ARTICLE 9 -WORK STOPPAGES AND EMPLOYER PROTECTION....................... 12
SECTION 9.1 WORK STOPPAGES-DEFINED .............................................................................. 12
SECTION 9.2 BACK TO WORK ORDER........................................................................................ 12
SECTION 9.3 DISCIPLINARY MEASURES BY EMPLOYER............................................................... 12
ARTICLE 10 - BULLETIN BOARDS............................................................................ 12
ARTICLE 11 -SAFETY AND SANITATION................................................................. 12
SECTION 11.1 COMPLIANCE WITH SAFETY CODES..................................................................... 12
SECTION 11.2 UNSAFE WORK CONDITIONS............................................................................... 13
SECTION 11.3 CHEMICAL APPLICATORS PREMIUM..................................................................... 13
SECTION 11.4 SAFETY COMPLIANCE.......................................................................................... 13
SECTION 11.5 IMMUNIZATIONS................................................................................................... 13
ARTICLE 12 - MANAGEMENT RIGHTS...................................................................... 14
ARTICLE 13 - PAY PERIOD ........................................................................................ 14
ARTICLE 14 -WAGES, CLASSIFICATIONS AND MINIMUM RATES OF PAY.......... 15
SECTION 14.1 SALARY PLAN-ADOPTION.................................................................................. 15
SECTION 14.2 MINIMUM RATES OF PAY..................................................................................... 15
SECTION14.3 LONGEVITY......................................................................................................... 15
SECTION 14.4 RECLASSIFICATION ............................................................................................. 15
SECTION 14.5 ACTING/OUT OF CLASS PAY................................................................................ 15
ARTICLE 15 - HOLIDAYS............................................................................................ 16
SECTION 15.1 OBSERVED DATES.............................................................................................. 16
SECTION 15.2 OVERTIME WORKED ON HOLIDAYS...................................................................... 17
ARTICLE 16 - HEALTH CARE AND LIFE INSURANCE ............................................. 17
SECTION 16.1 MEDICAUDENTAL COVERAGE............................................................................. 17
SECTION 16.2 EMPLOYEE CONTRIBUTION- DEPENDENT COVERAGE.......................................... 17
SECTION 16.3 LIFE INSURANCE COVERAGE............................................................................... 18
SECTION 16.4 LONG-TERM DISABILITY INSURANCE(LTD) ......................................................... 18
SECTION 16.5 HEALTHCARE COMMITTEE.................................................................................. 18
ARTICLE 17 - PENSION.............................................................................................. 19
ARTICLE 18 -WORKERS COMPENSATION PROGRAM.......................................... 19
ARTICLE 19 -VOLUNTEER PROGRAMS .................................................................. 19
ARTICLE 20 - EQUAL EMPLOYMENT OPPORTUNITY - NONDISCRIMINATION 20
ARTICLE 21 - SICK LEAVE......................................................................................... 20
SECTION 21.1 ACCRUAL RATE................................................................................................... 20
SECTION 21.2 SICK LEAVE INCENTIVE PROGRAM....................................................................... 21
SECTION 21.3 PHYSICIAN'S STATEMENT.................................................................................... 21
SECTION 21.4 SICK LEAVE USES............................................................................................... 22
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SECTION 21.5 PROMPT NOTIFICATION....................................................................................... 22
SECTION 21.6 SICK LEAVE ABUSE............................................................................................. 22
SECTION 21.7 CONDITIONS NOT COVERED................................................................................ 22
ARTICLE 22 -JURY DUTY.......................................................................................... 22
ARTICLE 23 - BEREAVEMENT LEAVE...................................................................... 23
SECTION 23.1 USE OF BEREAVEMENT LEAVE............................................................................ 23
SECTION 23.2 IMMEDIATE FAMILY.............................................................................................. 23
SECTION 23.3 USE OF SICK LEAVE TO SUPPLEMENT BEREAVEMENT LEAVE............................... 23
SECTION 23.4 REQUEST AND APPROVAL................................................................................... 23
ARTICLE 24 -VACATIONS ......................................................................................... 24
SECTION24.1 ACCRUAL RATE................................................................................................... 24
SECTION24.2 SCHEDULING....................................................................................................... 25
SECTION 24.3 MAXIMUM ACCUMULATION................................................................................... 25
ARTICLE 25 - EMERGENCY CONDITIONS................................................................ 25
ARTICLE 26 - MILITARY LEAVE................................................................................. 25
ARTICLE 27 - SEVERANCE PAY................................................................................ 25
ARTICLE 28 - STANDARD DRESS, TOOLS AND LICENSES ................................... 26
SECTION 28.1 UNIFORM ALLOWANCE........................................................................................ 26
SECTION 28.2 TOOLS AND EQUIPMENT ALLOWANCE.................................................................. 26
SECTION 28.3 LICENSE/CERTIFICATION REQUIREMENTS............................................................ 27
ARTICLE 29 - SUBSTANCE ABUSE TESTING.......................................................... 27
ARTICLE 30 - SAVINGS CLAUSE............................................................................... 27
ARTICLE 31 - ENTIRE AGREEMENT ......................................................................... 27
ARTICLE 32 - SUBORDINATION OF AGREEMENT .................................................. 27
ARTICLE 33 - TERM OF AGREEMENT ...................................................................... 28
APPENDIX "A" -WAGES............................................................................................ 29
APPENDIX "B" - BARGAINING UNIT CLASSIFICATION SCHEDULE...................... 30
APPENDIX "C" - TEN-MONTH MAINTENANCE EMPLOYEE.................................... 31
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PREAMBLE
This Agreement is between the City of Kent (hereinafter called the City), and Teamsters
Local #117 (hereinafter called the Union) for the purpose of setting forth a mutual
understanding of the parties as to conditions of employment for those employees for whom
the City recognizes the Union as the collective bargaining representative. Furthermore, the
City and the Union agree that the efficient and uninterrupted performance of municipal
functions is a primary purpose of this Agreement, as well as the establishment of fair and
reasonable compensation and working conditions for employees of the City. This Agreement
has been reached through the process of collective bargaining with the objective of fostering
effective cooperation between the City and its employees. Therefore, this Agreement and
the procedures which it establishes for the resolution of differences is intended to contribute
to the continuation of good employee relations and to be in all respects in the public interest.
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT
Section 1.1 Union Recognition
The City hereby recognizes the Union as the exclusive bargaining representative for all
regular full-time, regular part-time, and ten-month employees who work for the City of Kent in
the following department/divisions: public works operations, parks maintenance, golf
maintenance, facility maintenance and finance customer service, and whose positions are
allocated to classifications listed on Appendix "B".
In addition, the City recognizes the Union as the exclusive bargaining representative for all
temporary employees hired to perform Union work who are scheduled to work one-sixth (1/6)
of full-time, or 347 hours, in a calendar year. Temporary employees hired into the 4-month or
8 month categories shall be recognized as bargaining unit members. Such temporary
employees shall be provided the opportunity to apply for bargaining unit job opportunities.
Temporary employees shall not be afforded access to the grievance procedure until such
time as they have served the equivalent of six months of full-time service.
Section 1.2 Excluded Employees
The following employees shall be excluded from the bargaining unit:
A. Employees hired to work less than one sixth (1/6th) of full-time, or less than 347
hours, in a calendar year shall be excluded from the bargaining unit.
B. Employees who are employed by the City under Federal, State, County or other
employment programs which provides funding for such employees.
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Section 1.3 Dispute Resolution
Any dispute arising in the future as to the inclusion or exclusion of a position from the
bargaining unit will be presented to the Public Employment Relations Commission (PERC)
for determination.
ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION
Section 2.1 Mandatory Options - Union Membership
All employees of the City covered by this Agreement who are members of the Union on or
after the effective date of this Agreement shall remain in good standing of the Union. Failure
to comply with this condition shall, upon the written request of the Union, result in the
immediate discharge of the employee.
New employees who are employed after the time this Agreement becomes effective shall,
not later than thirty (30) calendar days after the commencement of such employment,
become and remain members in good standing in the Union. The Employee and the Union
agree that the right of non-association of employees based on bona fide religious tenets or
teachings of a church or religious body of which such public employee is a member shall be
protected at all times and such public employees shall pay such sum as is provided in RCW
41.56, "Chapter 59, Laws of 1973".
Neither party shall discriminate against any employee or applicant for employment on
account of membership in or non-membership in any labor union or other employee
organization.
Section 2.2 Dues Deduction
The City agrees to deduct from the paycheck of each employee who has so authorized it, the
regular monthly dues uniformly required of members of the Union. The amount deducted
shall be transmitted monthly to the Union on behalf of the employees involved. Authorization
by the employee shall be on a form approved by the parties hereto and may be revoked by
the employee upon request. No portion of the fund collected by the union under this
provision shall be used for support of political purposes in Kent. The Union agrees to
indemnify and hold the City harmless against any and all claims, suits, orders and other
judgments brought or issued against the City as a result of any action taken by the City under
the provisions of this Article, unless a dispute arises as a result of an error committed by the
City.
It shall be a condition of employment that all represented temporary employees as defined in
Section 1.1, shall pay to the Union a service fee in the amount of 1.32% of regular gross pay
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(not-overtime) for all hours of employment. This service fee shall be paid in lieu of the
membership provisions required of regular employees in the bargaining unit.
Section 2.3 List of Employees Furnished by Union
The Union will furnish to the City before the first day of each month a list of the employees for
whom dues shall be withheld.
Section 2.4 Union Refund to Employer
The Union agrees to refund to the City any amounts paid to it in error on account of the
check-off provisions upon presentation of proper evidence thereof.
ARTICLE 3 - SENIORITY
Section 3.1 Definition
Seniority shall, for the purpose of longevity pay, be defined as an employee's length of
continuous service as a regular employee with the City, less any adjustments for approved
leaves of absence without pay.
Seniority shall, for the purpose of layoff, be defined as an employee's length of continuous
service as a regular employee within the bargaining unit, less any adjustments for approved
leaves of absence without pay.
Seniority shall, for all other purposes of this Agreement, be defined as an employee's length
of continuous service as a regular employee within their respective department/division, less
any adjustments for approved leaves of absence without pay.
Seniority shall not accrue to a new employee until completion of a six (6) month probationary
period. However, the City may extend the probationary period of a new employee for an
additional six months.
Section 3.2 Seniority Cancellation
An employee's seniority shall be canceled under any of the following circumstances:
A. The employee resigns;
B. The employee is discharged;
C. The employee retires;
D. The employee is laid off for a continuous period of twelve (12) months or more;
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E. The employee fails to return to work subsequent to and in accordance with the terms
of an approved leave of absence;
F. The employee fails to return to work from layoff on the date specified by the City in a
recall notice delivered to the employee or mailed to the employee's last known
address on file with the City, providing such notice grants the employee seventy-two
(72) hours advance notice to report.
Section 3.3 Order of Layoff
The City shall determine when layoffs are necessary and in which department/division layoffs
shall occur. In the event of a reduction in the number of positions in the employee's
department/division, employees in that division shall be laid off in the reverse order of
seniority.
Section 3.4 Transfer of Seniority
An employee with established seniority who is laid off may transfer his/her seniority to
another department within the bargaining unit in which he/she successfully completed
probation and worked for twelve months or more. To accomplish this, the employee must
demonstrate that he/she possesses the appropriate certifications and licenses and can
perform the work without additional training. It shall be the responsibility of the employee to
maintain such licenses and certifications. Requests for transfer must be made to the
Employee Services Department in writing within three (3) calendar days of the layoff notice.
The City will pay the cost of maintaining the required licenses and certifications for the last
regular position held in the bargaining unit by the employee. Such costs shall include the
actual cost of renewing the license or certification and the cost of registration for required
training to maintain the license or certification. All other expenses shall be the responsibility
of the employee. In addition, the employee must use their own time to attend any required
training in order to maintain such licenses and certifications. Maintenance of such licenses
and certifications by the employee shall be voluntary. However, if the employee allows their
license or certification to lapse the City shall have no further obligation under this section.
Section 3.5 Return to Work
An employee who is injured or becomes ill either on or off the job will have six (6) months
from the date of the injury or illness to return to his/her vacated position.
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ARTICLE 4—TRANSFERS & VACANCIES
Section 4.1 Transfer to Different Position
The City may transfer an,employee to a different position at any time either temporarily or
permanently.
In addition, the City may offer lateral transfers to eligible employees within a division (reports
to a Superintendent). Where knowledge, skills, abilities, work experience, and performance
are equal, as reasonably determined by the City, the position will be awarded on the basis of
seniority.
Section 4.2 Job Openings
If a job opening occurs within the bargaining unit, the City shall first post the position
internally for all regular City employees, including Teamsters 8-month and active 4-month
employees prior to posting the job to outside applicants. All openings shall be posted five (5)
work days in all work areas, prior to filling any such openings.
Upon closing a job posting as described above, the City may establish an eligibility list for
each job opening within a division. Such eligibility lists shall be established by classification
within a division, i.e., Maintenance Work 3, Golf Course. The City may hire from an eligibility
list for a period not to exceed six (6) months.
Where qualifications, skills and abilities of the finalists are relatively equal, as reasonably
determined by the City, preference shall be given to the bargaining unit employee.
ARTICLE 5 - HOURS OF WORK
Section 5.1 Normal Workweek
The normal workweek for full-time employees shall be five (5) consecutive days of not less
than eight (8) hours per day exclusive of meal period.
Section 5.2 Alternative Work Schedules
Alternative work schedules, as mutually agreed by the City and the Union, may be utilized, to
include, but not be limited to, 4/10's or 9/80's. The details of such alternative work schedules
shall be determined through a labor-management committee.
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Section 5.3 Overtime
For employees on a normal work schedule all work performed in excess of eight (8) hours at
straight-time in one (1) day, or in excess of forty (40) hours at straight-time in one (1) week,
shall constitute overtime and shall be paid for at one and one-half times the employee's
regular straight-time hourly rate of pay. Employees working an alternate work schedule that
exceeds eight (8) hours in one day shall be paid at time and one-half for all hours in excess
of their regular shift.
In all cases in computing overtime, the nearest one-half hour shall be used. All work
performed on the sixth and seventh consecutive days shall be paid at the overtime rate of
time and one-half. In computing overtime, for over fifteen (15) minutes and less than one-
half(1/2) hour, one-half(1/2) hour shall be allowed; for over one-half (1/2) hour and less
than forty-five (45) minutes, forty-five (45) minutes shall be allowed; for over forty-five (45)
minutes and less than one (1) hour, one (1) hour shall be allowed.
Section 5.4 Compensatory Time
Compensatory time may be requested by members of the bargaining unit in lieu of cash.
Such compensatory time, if approved by the City, shall be earned at the rate of time and one-
half. The amount of compensatory time allowed to be accrued by bargaining unit members
may vary by department/division and job classification and shall be determined by the City.
However, the maximum accrual limit for the employees of the Public Works department shall
be eighty (80) hours.
Accrued compensatory time off may be requested by members of the bargaining unit by
submitting a request to their supervisor. Compensatory time off may be taken in units of less
than 4 hours, if approved by a division manager or his/her designee. The City will make
every effort to accommodate requests for use of compensatory time, unless such request
would unduly disrupt the employer's operation. Employees may request a cash out of their
accumulated compensatory time annually by making a written request to their division
manager no later than November 15' of each year for payment in December.
Section 5.6 Schedule Changes - Notice
In the event the City decides to change the employee's normal work schedule, the City
agrees to provide a seven (7) calendar day notice prior to the effective date of such change,
except for emergency situations which make it impractical to give such notice. The City will
not manipulate work schedules by making short term schedule changes solely for the
purpose of avoiding payment of overtime.
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Section 5.6 Meals and Rest Periods
Employees shall receive a fifteen (15) minute rest break during the first four (4) hour period of
their workday, and a second fifteen (15) minute rest break during the second four (4) hour
period in their workday. Employees shall be compensated at their prevailing wage rate for
time spent while on rest breaks. Rest breaks will generally be taken near the work site where
an employee is designated. Employees shall be granted an unpaid meal period of not less
than one-half(1/2) hour nor more than one (1) hour during each work shift, unless otherwise
established by mutual agreement between the superintendent and the employee.
Management retains the right to determine the rest and meal periods.
Section 5.7 Call Back
Employees who are required to return to work as the result of a call-back shall receive a
minimum of two (2) hours pay at the overtime rate for the work for which they are called
back, exclusive of travel time. Effective January 1, 2001, the minimum call-back rate shall be
three (3) hours. If an employee is called back to work after having returned home from a
previous call back, an additional three (3) hours work at the overtime rate shall be paid,
exclusive of travel time. This provision applies only when such call back results in hours
worked which are not annexed consecutively to one end or the other of the working day.
Employees called back to work on a recognized holiday shall receive three (3) hours pay for
each call back, exclusive of travel time. The City reserves the right to retain the employee at
the work site on a call back when notified in advance or during an emergency.
Section 5.8 Phone Calls/Work at Home
If an employee, who is not on standby, receives a work related telephone call outside their
normal work schedule and is able to resolve the issue without having to return to work they
shall be compensated based on the actual time spent resolving the issue rounded to the
nearest thirty (30) minute increment, paid at the overtime rate. Except that calls received
between 8pm to 6am, Monday-Friday, or 8pm to 8am on Saturday or Sunday, or a holiday,
shall be rounded to the nearest hour increment.
Employees on standby who receive a work related telephone call outside their normal work
schedule and are able to resolve the issue without having to return to work shall be
compensated based on the actual time spent resolving the issue rounded to the nearest
fifteen (15) minute increment, paid at the overtime rate. Except that calls received between
8pm to 6am, Monday-Friday, or 8pm to 8am on Saturday or Sunday, or a holiday, shall be
rounded to the nearest half hour increment.
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Section 6.9 Mandatory Standby Duty
The City reserves the right to establish a mandatory standby program. Employees on
standby shall be required to carry a pager device and be able to respond immediately to
callback situations without restrictions or impairments. Employees assigned to mandatory
standby shall receive $2.00 per hour effective January 1, 2000, $2.20 per hour effective
January 1, 2001, and $2.40 per hour effective January 1, 2002. Standby periods shall be
determined by the City.
Section 5.10 Shift Differential
A shift differential of twenty-five cents ($0.25) per hour will be paid for all hours worked by an
employee when a majority of his or her regularly scheduled shift hours occur before 7:30 AM
or after 4:00 PM Monday through Friday. This shift differential rate shall be thirty-five cents
($0.35) per hour effective January 1, 2001 and shall be forty-five cents ($0.45) per hour
effective January 1, 2002.
A shift differential of thirty cents ($0.30) per hour will be paid for all hours worked on Saturday
and Sunday. This shift differential rate shall be forty cents ($0.40) per hour effective January
1, 2001 and shall be fifty cents ($0.50) per hour effective January 1, 2002.
Shift premiums will not be paid for any paid time off. Shift differential only applies to regular
full time, regular part-time and ten-month employees. There shall be no pyramiding of shift
differential pay.
In exchange for shift differential pay the Union agrees to work with the City in developing
alternative work schedules and shifts that provide coverage seven days a week, and for a
minimum of 16 hours per day.
Section 5.11 Regular Starting/Ouittina Time
All employees shall have a regular starting and regular quitting time, and any work performed
at the direction of the City, before the regular starting or after the regular quitting time shall
be considered overtime.
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ARTICLE 6 - UNION ACTIVITIES
Section 6.1 Business Representatives of the Union
The Business Representative of the Union shall be allowed access to all facilities of the City
wherein the employees covered under this contract may be working for the purpose of
conducting necessary Union business and investigating grievances, provided such
representative does not interfere with the normal work processes. The Business
Representative shall notify the Employee Services department and/or appropriate
Department Head or his/her designee prior to visiting City facilities for the purpose of
conducting necessary Union business or investigating grievances, except in emergency
situations.
Section 6.2 Employee Upholding Union Principles/Performing Duties
The City agrees that the employees covered by this contract shall not be discharged or
discriminated against for upholding Union principles or for performing duties authorized by
the Union, as long as their activities do not interfere with normal work processes of the City.
Provided, however, it shall not be a violation of this Agreement or cause for discharge or
discipline for any employee to refuse to cross a legal, primary picket line sanctioned by Joint
Council of Teamsters No. 28 or the International Brotherhood of Teamsters, Chauffeurs,
Warehousemen and Helpers of America, so long as an employee's refusal to cross such a
recognized picket line shall not interfere with the delivery of City services. Whenever
possible, in the event of a picket line established at a place of business during a labor
dispute, the City will make every effort to utilize non-union personnel to cross picket lines so
as not to interfere with the delivery of City services.
ARTICLE 7 - LABOR - MANAGEMENT COMMITTEE
The City and the Union agree continuing cooperation between labor and management is
important, and further, from time to time suggestions and complaints of a general nature
affecting the Union and the City need consideration. To accomplish this end, the City and
the Union agree that duly authorized representatives of the Union shall function as one-half
of a Labor-Management Committee, the other half being certain representatives of the City
named for that purpose. Said Committee shall meet periodically for the purpose of
discussing and facilitating the resolution of all problems which may arise between the parties
other than those for which another procedure is provided by law or by other provisions of this
Agreement.
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ARTICLE 8 - GRIEVANCE PROCEDURE
Section 8.1 Grievance or Dispute Over Provisions of Agreement
A procedure is hereby established as a means to resolve grievances. Grievance shall be
defined as a claim or dispute by an employee or group of employees with respect to a
violation of the express provisions of this Agreement. If the parties mutually agree, the
timelines set forth in this section for processing of grievances will be put on hold for a
mutually agreed upon period of time to allow the parties to address the grievance in a labor-
management forum. If a resolution is not agreed to, the grievance process shall continue.
Grievances shall be resolved in the following manner. Failure to follow the time frames set
forth below shall constitute waiver of the grievance.
Step 1. Any Grievance shall be reduced to writing and submitted to the Superintendent
or Division Manager by the employee and/or the Union within ten (10) working days of the
occurrence of the alleged incident giving rise to such grievance. The written grievance shall
include a statement of the issue, the section(s) of the agreement allegedly violated, facts of
the case and remedy sought. Every effort shall be made to resolve all grievances at this
level. If resolved, the basis for resolution shall be reduced to writing and signed by the
employee.
Step 2. Grievances not settled within ten (10) working days following Step 1, shall then
be presented, in writing, by the Union directly to the Department Director or designee. The
Department Director shall submit a decision, in writing, on the grievance within ten (10)
working days from the date the grievance was first presented to him/her. Copies of the
decision shall be provided to the employee or employees requesting the grievance decision.
If resolved, the basis for resolution shall be reduced to writing and signed by the employee.
Step 3. Grievances not resolved at step 2, may be presented in writing by the Union to
the Employee Services Director, or designee within ten (10) working days of the Step 2
response. The Employee Services Director shall submit a written decision on the grievance
within ten (10) working days from receipt.
Step 4. In the event the decision reached by the Employee Services Director is
unsatisfactory to the parties presenting the grievance, the grievance may, within ten (10)
working days, be submitted to arbitration. The Union and the City shall mutually select an
arbiter under Federal Mediation and Conciliation Services listing Washington and Oregon
Arbiters.
A. The Arbiter shall render his/her decision based on interpretation and applications of
the provisions of this Agreement. The decision shall be in writing and copies shall be
Page 10 of 28
sent to the City and the Union.
B. The decision of the Arbiter shall be final and binding upon all parties to the grievance,
provided the decision does not involve action by the City which is beyond its
jurisdiction.
C. Neither the Arbiter nor any 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.
D. All expenses incurred in the arbitration process shall be borne as follows:
1. Expenses incurred by the Union shall be borne by the Union.
2. Expenses incurred by the City shall be borne by the City.
3. Expenses or fees of the Arbiter shall be borne equally by the Union and the
City.
Section 8.2 Disciplinary Action by the Employer
No employee shall be disciplined, suspended or discharged without just cause. It is
understood that no disciplinary action by the City shall be considered cause for a grievance
unless it is specifically alleged that such represents an incorrect application of the terms of
this Agreement. In no event shall this Agreement alter or interfere with disciplinary
procedures heretofore followed by the City or provided for by City Charter, Ordinance, or law
including the procedure for appeals thereof. This clause shall not, however, prevent the
Union from affording to its members such representation in any other proceedings as it may
see fit.
Section 8.3 Meetings Relative to Discipline
In the event the Employer requires an employee to attend a meeting for purposes of
discussing an incident which may lead to suspension, demotion or termination of that
employee, the employee shall be advised of his/her right to be accompanied by a
representative of the Union. If the employee desires Union representation in said matter,
he/she shall notify the Employer at that time and shall be provided a reasonable time to
arrange for Union representation.
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ARTICLE 9 -WORK STOPPAGES AND EMPLOYER PROTECTION
Section 9.1 Work Stoppages - Defined
The City and the Union agree that the public interest requires efficient and uninterrupted
performance of all City services and to this end pledge their best efforts to avoid or eliminate
any conduct contrary to this objective. Specifically, the Union shall not cause or condone
any work stoppage, including any strike, slowdown, refusal to perform any customarily
assigned duties, sick leave absence which is not bona fide, or other interference with City
functions by employees under this Agreement and should same occur, the Union agrees to
take appropriate steps to end such interference. Any concerted action by any employee in
any bargaining unit shall be deemed a work stoppage if any of the above activities have
occurred.
Section 9.2 Back to Work Order
Upon notification in writing by the City to the Union that any of its members are engaged in a
work stoppage, the Union shall immediately in writing, order such members to immediately
cease engaging in such work stoppage and provide the City with a copy of such order.
Section 9.3 Disciplinary Measures by Employer
Any employee who commits any act prohibited in this Article will be subject to the following
penalties:
A. Discharge;
B. Other disciplinary action as may be applicable to such employee.
ARTICLE 10 - BULLETIN BOARDS
The City shall permit the reasonable use of bulletin boards by the Union for the posting of
notices of a non-controversial nature relating to Union business.
ARTICLE 11 -SAFETY AND SANITATION
Section 11.1 Compliance with Safety Codes
All work shall be done in a competent and workmanlike manner, and in accordance with the
State of Washington Code and any Federal codes relating to this subject.
Page 12 of 28
Section 11.2 Unsafe Work Conditions
It shall not be considered a violation of this Agreement whereby any employee shall refuse to
work with unsafe equipment, or where adequate safeguards are not provided, or when the
facilities and services are not being maintained in a reasonable sanitary condition. However,
the employee shall be responsible to immediately report such alleged unsafe working
conditions to his/her supervisor who shall immediately report it to the Superintendent.
All employees who are assigned to work on jobs or in areas deemed by the City to possibly
be dangerous (e.g., spraying) shall be required to wear lawfully designated safety devices
and/or equipment designated as necessary for their protection. Such devices and equipment
will be furnished by the City. Refusal or failure of any employee to perform the work
assigned, to use, or to wear such devices or equipment shall be grounds for appropriate
disciplinary action, up to and including dismissal.
Section 11.3 Chemical Applicators Premium
All employees required to maintain a Public Pesticide Operator's License in the Maintenance
Worker 11 classification shall receive an hourly premium pay of the hourly differential in base
pay between a Maintenance Worker II and a Maintenance Worker III, for actual time spent
spraying.
Section 11.4 Safety Compliance
All employees covered by this collective bargaining agreement are expected to comply with
W.I.S.H.A. (Washington Industrial Safety and Health Act) regulations and City policies and
rules related thereto. Employees knowingly violating such policies, rules and regulations
shall be subject to disciplinary action which may include suspension and discharge. No
supervisor shall require an employee to go or be in any employment or place of employment
which is not safe according to W.I.S.H.A. standards.
Section 11.5 Immunizations
The City shall provide all full time, regular part-time and 8-month employees in the bargaining
unit who have a potential exposure with an opportunity to receive the three (3) shot Hepatitis
series and the TB immunization and follow-up tests to help prevent diseases or infection in
the work place. Such immunizations shall be voluntary on the part of the employee.
The City shall pay for the cost of the shots and the employee's time to get the shots while the
employee is actively working for the City. If an employee fails to follow through with a series
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of shots, the employee shall be responsible for the cost of repeating the same shot series,
unless circumstances arise that are beyond the control of the employee.
For 8-month employee who are furloughed, the shots will be finished on the employee's own
time. The employee will be reimbursed for the cost of the shot upon rehire. It shall be the
employees' responsibility to ensure they obtain all three shots for each immunization series.
ARTICLE 12 - MANAGEMENT RIGHTS
Subject only to the limitation expressly stated in this Agreement, the Union recognizes that
the City retains the exclusive rights to manage its business including, but not limited to, the
right:
A. To determine the methods and means by which its operations are to be carried on,
B. To direct the work force and to conduct its operations in a safe and effective manner;
C. To establish reasonable qualifications for employment and to employ employees;
D. To schedule and assign work;
E. To establish work and reasonable productivity standards;
F. To assign overtime;
G. To determine the methods, means, organization and number of personnel by which
operations are conducted;
H. To determine whether goods or services are made or purchased;
I. To determine the utilization of technology;
J. To evaluate employees;
K. To discipline, suspend and discharge employees for just cause; and
L. To carry out the mission of the City;
provided, however, that the exercise of any of the above rights shall not conflict with any of
the express written provisions of this Agreements.
ARTICLE 13 - PAY PERIOD
Whenever practicable, the City shall pay all regular employees on the fifth (5th) and twentieth
(20th) of each month. Any employee who is laid off or terminated shall receive all wages due
him/her within 24 hours of the termination of this employment excluding weekends.
This article may be reopened by either party during this contract life to negotiate the impacts
related to the new JD Edwards Payroll/Human Resources/Finance system implementation.
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ARTICLE 14 -WAGES. CLASSIFICATIONS AND MINIMUM RATES OF PAY
Section 14.1 Salary Plan -Adoption
It is agreed that the classifications and minimum rates of pay shall be as set forth in the
annual budget, and in accordance with the provisions of this Labor Agreement. Salaries by
classification shall be in accordance with Appendix "A" of this Agreement.
Section 14.2 Minimum Rates of Pay
Any employee already receiving a higher rate of pay than the minimum set forth in this
agreement shall suffer no reduction as a result of this Agreement, and nothing herein shall
preclude the payment of a higher rate at the discretion of the City.
Section 14.3 Longevity
The following longevity premium pay shall apply:
1. After 5 consecutive years of service - 1% of base pay
2. After 10 consecutive years of service - 2% of base pay
3. After 15 consecutive years of service - 3% of base pay
4. After 20 consecutive years of service - 4% of base pay
Section 14.4 Reclassification
Reclassification of certain positions may become necessary in order to recognize major
changes in functions or responsibilities, or to align salaries within the bargaining unit in order
to correct any inconsistencies. Employees petitioning for reclassification consideration will
be required to complete a position description questionnaire form which shall then be
forwarded to Employee Services. During the term of this contract, no reclassifications will be
processed by Employee Services. Instead, departments will use the work out of class pay
provisions of this agreement.
Section 14.5 Acting/Out of Class Pay
A. Acting pay will be granted when an employee is temporarily assigned in writing by
their Superintendent or designee to perform at least 50% of the higher level duties of a
higher level vacant position within the bargaining unit. Acting pay will not apply for
periods less than five (5) consecutive working days and shall not exceed one (1) year.
Extensions beyond the one year period may be mutually agreed to between the City
and the Union.
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B. Out of Class pay will be granted when an employee is temporarily assigned in writing by
their Superintendent or designee to perform at least 50% of the higher level duties of an
existing higher level classification within the bargaining unit. Out of class pay will not
apply for periods less than five(5)consecutive working days and shall not exceed one(1)
year. Extensions beyond the one(1)year period may be mutually agreed to between the
City and the Union. The employee will be permanently placed in the higher level position
after serving twelve (12) consecutive months less any authorized leaves with pay unless
City management determines it is necessary to reassign the higher level duties during the
employee's leave(s).
Employees assigned Acting or to Work out of Class shall be compensated at a rate which
represents a ten percent (10%) increase from their base wage, not to exceed the maximum of
the higher range to which they have been assigned. Employees assigned Acting or Workout of
Class to a higher classification of a non-represented position shall be compensated in
accordance with City Policy. All grievances relating to violations of this section of the contract
shall be filed at Step 3.
ARTICLE 15 - HOLIDAYS
Section 15.1 Observed Dates
The following holidays shall be paid holidays for all employees covered by this Agreement:
Holiday
1. New Year's Day
2. Martin Luther King Day
3. Presidents' Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veterans' Day
8. Thanksgiving Day
9. Day after Thanksgiving
10. Christmas Day
11. Floating Holiday (Personal)
12. Other holidays proclaimed by the Mayor or City Council
Effective January 1, 2001, employees of this bargaining unit shall be provided a second
Floating Holiday for a total of twelve (12) paid holidays per year.
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The City shall specify, each year, the date on which the above holidays shall be observed.
Section 15.2 Overtime Worked on Holidays
Employees required to work a full shift on any of the above observed holidays shall receive
pay at the overtime rate. In addition, the employee may choose to receive pay for the
holiday or to reschedule, with manager or designee's approval, the use of such holiday to the
day before or the day after the original observed holiday. If the employee does not request
for the holiday to be rescheduled, the employee shall be paid for the holiday.
All employees required to work on holidays shall receive a minimum of three (3) hours at the
employee's overtime rate.
ARTICLE 16 - HEALTH CARE AND LIFE INSURANCE
Section 16.1 Medical/Dental Coverage
The City agrees to provide medical/dental coverage for all regular full-time and regular part-
time and Ten-month employees in the bargaining unit. Coverage will also be available for
eligible dependents. The employee shall contribute toward the purchase of dependent
coverage in accordance with the provisions of Section 16.2 of this Agreement.
For the contract period, the following health care plans will be offered to eligible employees:
1. *Premera Blue Cross, Enhance PPO Plan; and
2. Group Health Cooperative (HMO), includes co-pays and VSP vision plan.
However, the City reserves to right to change carriers based upon comparable benefits and
cost-effectiveness of such a change.
*Effective January 1, 2001, the cost containment features proposed from the September 20,
2000 Health Care Committee meeting shall be implemented for all bargaining unit members
on the City's self-insured Enhanced PPO plan.
Section 16.2 Employee Contribution - Dependent Coverage
Eligible employees shall have dependent coverage available. Employees shall have the
option to insure dependents under alternative plans offered, subject to the terms and
conditions imposed by the carrier. The following premium rates shall apply for dependent
medical from January 1, 2000 to December 31, 2001.
Page 17 of 28
EMPLOYEE CONTRIBUTIONS Blue Cross Group Health
Employee Only $0. $0.
Employee/Spouse 15.00 25.00
Employee/Children 10.00 15.00
Employee/Spouse/Children 25.00 65.00
The following premium rates shall apply for dependent medical coverage effective January 1,
2002:
EMPLOYEE CONTRIBUTIONS Blue Cross Group Health
Employee Only $0. $0.
Employee/Spouse 27.00 25.00
Employee/Children 23.00 15.00
Employee/Spouse/Children 44.00 65.00
If for any reason, Non-represented or AFSCME employees receive a lower dependent
premium schedule than outlined above, all members of this bargaining unit shall receive the
lower premium schedule.
Section 16.3 Life Insurance Coverage
The City shall pay the entire premium of double indemnity life insurance coverage for each
eligible employee in the bargaining unit. The City will determine the manner in which
insurance coverage is secured.
Section 16.4 Long-Term Disability Insurance (LTD)
The City shall pay the entire premium of a long term disability plan for each eligible employee
in the bargaining unit. The LTD plan shall provide for coverage with a 90 day elimination
period, which pays at 66.67% of the first $6,000 of monthly base salary and pays to age 65
for eligible employees. The City will determine the manner in which insurance coverage is
secured.
Section 16.5 Health Care Committee
The Union will designate two representatives to participate in the Health Care Committee.
The parties agree that the Union's participation on the City's Health Care Committee has
been mutually beneficial. The parties agree to meet and discuss the purpose of the
Committee and the parameters under which the Committee operates. Furthermore, the
parties recognize that there must be representation and participation by all Unions on the
Committee.
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ARTICLE 17 - PENSION
Pension for employees and contributions to Public Employees' Retirement System (PERS)
will be governed by Washington State Statute.
ARTICLE 18 -WORKERS COMPENSATION PROGRAM
Employees injured on-duty and qualified for worker's compensation shall be entitled to such
benefits through the City's self-funded program as determined by statute. Further, if all
accumulated sick leave is used by the employee, the City will continue medical/dental and
life insurance contributions on behalf of the injured employee and dependents, if applicable,
in an amount not to exceed the City's pre-injury contribution level. The period of the City's
contribution shall terminate upon the employee's return to active employment or four (4)
months, whichever is sooner.
ARTICLE 19 -VOLUNTEER PROGRAMS
The parties agree that volunteer programs can be mutually beneficial to the City, employees,
and the citizens of Kent. The parties recognize that volunteerism provides a sense of
community involvement and requires a commitment of time and service on behalf of the
volunteer. Successful volunteer programs require leadership and coordination with
employees. To that end the City is committed to working in partnership with the Union to
build successful volunteer programs.
The parties agree that the City shall not layoff employees in the bargaining unit as a result of
volunteer programs. The use of volunteers shall not result in a loss of existing overtime
opportunities for members of the bargaining unit.
Volunteer programs may require leadership and coordination with City staff. As a result,
supervisory or lead opportunities may become available for bargaining unit members as a
result of successful volunteer programs.
The parties agree to meet in a labor-management forum to discuss new volunteer programs
or work that is beyond the scope of current volunteer programs. Such programs may
include, but are not limited to: youth programs, King County work training programs, adopt-
a-park, adopt-a-street, internships, jobcore, community service workers, and work release.
Furthermore, the parties agree that should any concerns arise regarding a specific volunteer
project those concerns shall be brought to the City's attention immediately. If the concerns
cannot be resolved at that level the Union may, with just cause, request that a specific
volunteer project be suspended with 10 days written notice to the City. No new activity on
the project will be scheduled until such time as the parties meet in a labor-management
forum. If the parties are unable to reach agreement on the specific volunteer project the City
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will cease activity on the project, except that any previously agreed upon scheduled events
involving the volunteer project may take place, and no new activity may be scheduled.
ARTICLE 20 - EQUAL EMPLOYMENT OPPORTUNITY - NONDISCRIMINATION
The employer or the Union shall not unlawfully discriminate against any individual with
respect to compensation, terms, conditions, or privileges of employment because of race,
color, religion, political affiliation, ancestry, national origin, sexual orientation, marital status,
age, sex, gender, Vietnam era Veteran's status, mental, sensory, or physical disability,
unless based on a bona fide occupational qualification reasonably necessary to the
operations of the City. Sexual harassment shall be considered discrimination under this
Article.
Disciplinary action will be taken against employees who engage in any activity under this
Article. The employer agrees to take corrective action to assure that any such practices are
remedied and that such discrimination does not continue. Reprisal against a grievant or
witness for a grievant is prohibited.
The City and the Union, recognizing the need for Equal Employment Opportunities, do
mutually agree to be supportive to the City's Equal Employment Opportunity Policy.
Wherever words denoting a specific gender are used in the Agreement, they are intended
and shall be construed so as to apply equally to either gender.
ARTICLE 21 - SICK LEAVE
Section 21.1 Accrual Rate
Regular full-time employees will accrue eight (8) hours of sick leave for each continuous
month of service.
Regular part-time employees' sick leave accrual will be pro-rated based upon the total hours
compensated each month.
Sick Leave is accrued according to completed months of continuous service with the City.
This is calculated from the date of employment (hire date) or rehire, whichever is later.
Employees' monthly sick leave credits will be posted on the first day of each month following
the month of accrual. For regular part-time employees adjustments in sick leave credits will
be made the month following the month worked.
Sick leave must be accrued before it can be used. The maximum number of accumulated
sick leave hours at any given time is 960. Effective January 1, 2001, the maximum number
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of accumulated sick leave hours at any given time is 1,040.
Section 21.2 Sick Leave Incentive Program
In order to provide an incentive for using sick leave only as necessary, members of the
bargaining unit shall be entitled to incentive pay for maintaining their sick leave balance at
the following levels:
Sick Leave Hours Amount of Cash Incentive
0 - 239 No incentive
240 - 479 8 hours base pay
480 - 719 16 hours base pay
720 - 960 24 hours base pay
Effective January 1, 2001, members of the bargaining unit shall be entitled to incentive pay
for maintaining their sick leave balance at the following levels:
Sick Leave Hours Amount of Cash Incentive
0 - 239 No incentive
240 - 479 8 hours base pay
480 - 719 16 hours base pay
720 - 959 24 hours base pay
960 + 32 hours base pay
Incentive pay would be granted in January of the following year. For purposes of
determining eligibility to receive incentive pay an employee must have maintained the 240+,
480+, 720+, or 960+ hour accrual for the entire preceding calendar year. If an employee falls
below one of the designated accrual levels they will not be eligible for the corresponding
incentive pay.
Section 21.3 Physician's Statement
Employees who are absent for four (4) or more consecutive days and request sick leave pay
may be required to submit to their supervisor, upon returning to work, a statement from a
physician stating the reason for the absence. This requirement shall not be used as
disciplinary action against an employee, but rather to inform the supervisor of the medical
reasons for the absence.
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Section 21.4 Sick Leave Uses
Sick leave may be used by the employee for bona fide cases of:
- Illness or injury which prevents the employee from performing his/her regular duties.
- Disability of the employee due to pregnancy and/or childbirth.
- Medical or dental appointments for the employee.
- Care of family members as required by either State or Federal Law.
Section 21.5 Prompt Notification
Employees incapacitated by illness or injury shall personally call their supervisor within one
hour of their scheduled starting time, except where there are extenuating circumstances, or
when a physician has verified in writing that the employee will be out for a clearly defined
period of time. Failure to do so may result in loss of paid sick leave for that day. During
periods of extended illness, employees shall keep their supervisors informed as to their
progress and potential date of return to work.
Section 21.6 Sick Leave Abuse
Abuse of sick leave shall be grounds for suspension or dismissal. An employee's ability to
work regularly and as scheduled is a requirement for continued employment. The City has
the right to take corrective action to deal with abuse of sick leave or situations where the
employee has prolonged and/or frequent or regular absences which hinder the performance
of the employee's job duties or the efficiency of the department. Such corrective action may
include medical consultations, physician's statements or disciplinary action including
termination.
Section 21.7 Conditions Not Covered
Employees shall not be eligible for sick leave when:
- Suspended or on leave without pay and when laid off or on other non-pay status.
- Off work on a holiday.
- While on vacation, unless the employee or an immediate family member is admitted to
the hospital.
ARTICLE 22 -JURY DUTY
Refer to City Policy (Court Appearances). City to pay difference between jury pay and full
salary.
Page 22 of 28
ARTICLE 23 - BEREAVEMENT LEAVE
Section 23.1 Use of Bereavement Leave
Members of the bargaining unit shall receive three (3) days bereavement pay for death in the
immediate family.
Section 23.2 Immediate Family
Immediate family shall be defined as the employee's legal spouse, daughter or son (step
also), daughter or son-in-law, mother or father (step also), mother or father-in-law, sister or
brother (step also), sister or brother-in-law, grandparents, grandparents-in-law,
grandchildren. Other members or non-members of the employee's family could be
considered immediate family as a result of special circumstances (example: aunt or uncle
with whom an employee lived, where such a person could have been regarded as a
substitute parent). An employee must ask for an exception ruling from Employee Services in
order to receive bereavement leave for persons classified in this category. Such request
must explain the relationship of the person(s) involved, either as family or non-family
members.
Section 23.3 Use of Sick Leave to Supplement Bereavement Leave
In the event that the time required for immediate family bereavement leave is in excess of the
allowed leave, sick leave may be taken. A maximum of ten (10) days sick leave may be
granted by the department director or Employee Services Director for this purpose.
Distance, travel time or other factors will be considered to determine the number of sick days
to be granted.
If additional time is needed other available leave may be utilized (compensatory time or
annual leave) subject to approval of the department director or Employee Services Director.
Attendance at funerals of close friends and other close relatives will be recognized as sick
leave, except that the actual time required to attend the funeral shall not exceed four (4)
hours.
Paid time off will not be granted when a funeral occurs during the time an employee is on
annual leave, paid sick leave, or a City Holiday.
Section 23.4 Request and Approval
Employees shall request funeral leave in writing through their department supervisor and
Department director for approval.
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Final determination shall be made by the Employee Services Director or Director of
Operations regarding the extent to which funeral/sick leave will be granted. Distance, travel
time and/or other factors will be considered to determine the number of days to be granted.
ARTICLE 24 -VACATIONS
Section 24.1 Accrual Rate
All regular full-time employees will accrue vacation time at the rate of eight (8) hours, or one
(1) working day per month. Any employee who leaves employment or is involuntarily
terminated within the first six (6) months of employment, will not have accrued any annual
leave.
All regular part-time employees' leave accrual shall be pro-rated based on the percentage of
full-time hours compensated each month.
Monthly Annually
Years of Employment Hours of leave accrued
1st through 4th year 8 hours 96 hours
5th through 9th year 10 hours 120 hours
10th through 12th year 12 hours 144 hours
13th through 16th year 12.67 hours 152 hours
17th through 19th year 14 hours 168 hours
20th and thereafter 14.67 hours 176 hours
Effective January 1, 2001, employees of this bargaining unit shall accrue annual leave based
on the following schedule:
Monthly Annually
Years of Employment Hours of leave accrued
1 st through 4th year 8 hours 96 hours
5th through 9th year 10 hours 120 hours
10th through 12th year 12 hours 144 hours
13th through 14th year 12.67 hours 152 hours
15'h through 16'h year 13.33 hours 160 hours
17th through 19th year 14 hours 168 hours
20th through 24'h year 14.67 hours 176 hours
25'h year and thereafter 16 hours 192 hours
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Section 24.2 Scheduling
Whenever possible, vacations will be scheduled for the convenience of the employees
involved, subject to work scheduling requirements of the department. All vacation leave use
must be pre-approved by the employee's Superintendent or designee.
Section 24.3 Maximum Accumulation
Effective January 1, 2001, vacation leave accumulation shall be restricted to 240 hours
maximum. Employees may exceed the maximum accruals during a calendar year, but shall
be at or below the maximum limit as of December 315' of each year. Employees may request
carry over exceptions in accordance with City Policy.
Employees whose vacation leave balance is above the 240 hours limit as of the date of the
signing of this contract shall have until December 31, 2001 to comply with the maximum
accrual limit.
ARTICLE 25 - EMERGENCY CONDITIONS
In the event of a natural disaster or inclement weather resulting in emergency conditions the
following provision shall apply:
Employees who are unable to travel safely to work or who, with supervisory authorization,
request to leave before the end of their shift, shall be required to use annual leave or comp
time to cover all hours away from work.
ARTICLE 26 - MILITARY LEAVE
The City and Union agree that members of the bargaining unit who are members of the
Washington National Guard or any Federal Reserve military unit will be entitled to be absent
with pay from their duties with the City for periods of time up to a cumulative maximum of 15
work days (a work day = 8 hours of work) or 15 consecutive work days during each calendar
year.
ARTICLE 27 - SEVERANCE PAY
Full-time employees shall, in the event of a reduction in force, be paid at the time of their
separation a sum equal to two (2) weeks pay from which no deductions shall be made except
as required by State and Federal Law. Provided, however, that no employee accepting any
other employment with the City shall be entitled to such pay.
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ARTICLE 28 - STANDARD DRESS, TOOLS AND LICENSES
Section 28.1 Uniform Allowance
The City will continue to provide and launder, for all full time, regular part-time, and 10-month
employees, 11 pairs of pants, 11 shirts, and 3 coats. Coveralls to be allocated based on
operational need. Effective January 1, 2001, temporary employees will be provided 11
shirts, 1 jacket, and coveralls as needed at the discretion of the Superintendent. Additional
uniforms may be allotted where a need can be demonstrated. In addition, the City will
provide options in the selection of coats, shirts and coveralls (to include insulated coats and
coveralls). Management reserves the right to determine additional options available. The
laundering of these uniforms will be a standard schedule and paid for by the City. The City
and Union agree to work together toward reducing the cost of providing and maintaining
employee uniforms.
The maximum safety shoe allowance for regular full-time, regular part-time, 10-month and 8-
month employees shall be increased from $150.00 to $170.00, plus tax, per pair, as needed.
Four-month employees shall receive a maximum safety shoe allowance increase from
$50.00 to $75.00, plus tax, per pair, as needed. Such increase shall become effective upon
signing of this agreement.
Proper attire: Each employee in the bargaining unit while on duty must be attired properly
and in accordance with City Policy and/or reasonable rules regarding safety.
Section 28.2 Tools and Equipment Allowance
All existing mechanics as of the date of the signing of this agreement will be grandfathered to
be authorized to receive $350.00, plus tax, per year for the purchase of work tools, which are
on the City's approved tool list. The City shall reimburse the actual cost of mechanic tools
based on a receipt and reimbursement method.
The City will provide new mechanics with a fully furnished tool box; such employees shall not
be eligible for the mechanic tool allowance. Grandfathered employees shall have the option
of switching from the allowance option to the City provided tools option at the beginning of
each calendar year. Once an employee has moved to the City provided tools, the employee
shall no longer be eligible for the tool allowance.
The City will also purchase air-tools. Labor-management committee reserves the right to
prioritize the purchase of tools.
In addition, the City agrees to provide at its cost, the minimum, safety equipment required
under W.I.S.H.A. (Washington Industrial Safety and Health Act)..
Page 26 of 28
The City agrees to purchase insurance to cover theft of employee owned tools from City
premises required for employment. City obligation shall be limited to loss due to burglary.
Employee shall comply with all terms and conditions of the insurance carrier. Deductible to
be paid by the City.
Section 28.3 License/Certification Requirements
Employees required to obtain licenses, certifications or physical exams shall be allowed time
off at the City's expense. Additionally, the City shall pay for any of the requirements.
ARTICLE 29 - SUBSTANCE ABUSE TESTING
All members of the bargaining unit shall comply with City policy #2.25 - Substance Abuse.
Random testing, however, shall only apply to those employees required to carry a
commercial driver's license (CDL) as a condition of employment.
ARTICLE 30 -SAVINGS CLAUSE
If any Article of this Agreement or any Addendum thereto should be held invalid by operation
of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any
article should be restrained by such tribunal, the remainder of this Agreement and Addendum
shall not be affected thereby and the parties shall enter into immediate collective bargaining
negotiations for the purpose of arriving at a mutually satisfactory replacement of such Article.
ARTICLE 31 - ENTIRE AGREEMENT
The Agreement expressed herein in writing constitutes the entire Agreement between the
parties and no oral statement shall add to or supersede any of its provisions.
ARTICLE 32 - SUBORDINATION OF AGREEMENT
It is understood that the parties hereto and the employees of the City are governed by the
provisions of applicable Federal Law, State Law, and the City Code. When any provisions
thereof are in conflict with the provisions of this Agreement, the provisions of said Federal
Law, State Law, or City Code are paramount and shall prevail.
s
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ARTICLE 33 - TERM OF AGREEMENT
This Agreement shall be in force and effect from January 1, 2000 through December 31,
2002.
Signed this_�day of December 2000, at Kent, Washington.
CITY OF KENT DRIVER SALES AND WAREHOUSE
220 4th Avenue South LOCAL UNION NO. 117, IBT
Kent, Washington 98032 553 John Street
Seattle, Washington 98109
BY B*ohA.
7/lJ
Jim ite, Williams,
Ma r ry-Treasurer
BYt_
Sue Viseth,
Employee Services Director
Approved as to form:
B
4Ro Lubovich, Ci
Page 28 of 28
APPENDIX "A" -WAGES
The salary schedule for positions in the bargaining unit shall be as follows:
A. Effective January 1, 2000, base salaries for the job classifications set forth in
Appendix "B" will be increased by 90% of the Seattle-Tacoma-Bremerton CPI-
W, June 1998 to June 1999, (2.9%).
B. Effective January 1, 2001, base salaries for the job classifications set forth in
Appendix "B" will be increased by 90% of the Seattle-Tacoma-Bremerton CPI-W,
June 1999 to June 2000, (3.5%).
C. Effective January 1, 2002, base salaries for the job classifications set forth in
Appendix "B" will be increased by 90% of the Seattle-Tacoma-Bremerton CPI-W,
June 2000 to June 2001, minimum 2%, maximum 5%, or the COLA given to non-
represented employees, whichever is greater.
D. Temporary employees shall be paid in accordance with the following schedule,
except that the City may pay more in hourly wage as it deems appropriate to
maintain a qualified workforce.
Temporary Four-Month Employees
Start at $7.00/hour or minimum wage, whichever is higher
Greater than 1040 hours = $8.00/hour
Greater than 2080 hours = $9.00/hour
Temporary Eight-Month Employees
Start at $8.50/hour
Greater than 1040 hours = $9.50/hour
Greater than 2080 hours=$11.00/hour
The above wage schedule includes wages and pay in lieu of benefits for
vacation, sick leave, holidays, insurance and other miscellaneous benefits.
Appendix A
APPENDIX "B" - BARGAINING UNIT CLASSIFICATION SCHEDULE
Classification Salary Range
Meter Reader I Range TM17
Meter Reader II Range TM20
Meter Reader III Range TM24
Maintenance Worker I* Range TM17
Maintenance Worker II Range TM20
Maintenance Worker III Range TM24
Maintenance Worker IV Range TM27
Maintenance Technician Range TM30
Field Supervisor Range TM32
Mechanic Assistant Range TM20
Mechanic I Range TM24
Mechanic II Range TM27
*The Maintenance Worker I classification is intended to be a training/apprenticeship
classification. Employees hired into this classification may move to the Maintenance
Worker II classification when they have passed a six-month probation period and have
passed all tests for all required certifications of the Maintenance Worker 11 position into
which they will move. Such licenses and certifications may include, but not be limited
to: Commercial Driver's License (CDL), First Aid Card, Flagger Card, Defensive Driving
Course.
David Gilmore, Field Supervisor in the Parks Facilities Division, shall be redlined at his
present salary until such time as the TM32 salary range catches up to his present
salary level.
Appendix B
APPENDIX "C" - TEN-MONTH MAINTENANCE EMPLOYEE
Salaries - Regular: Employees in this classification shall receive compensation whether
on an active or inactive status during their employment with the City. For purposes of
computing such compensation the annual base wage shall be paid in 24 equal
installments on the City's regular pay dates.
Salaries - Overtime: Overtime, based upon base wage for classification, shall be
provided for employees who are required to work in excess of 8 hours per day or 40
hours in any week. Overtime compensation shall be paid in the form of cash or
compensatory time off in accordance with this Agreement.
Jury Duty/Bereavement Leave: While on active status, the employee shall be allowed
time off with pay in accordance with the City's policy for jury duty and bereavement
leave.
Personal Leave Days: Employees in this classification shall be provided Paid Personal
Leave Days in lieu of Holiday leave and Sick leave. The paid Leave Days or portions
thereof may be used, with departmental approval, to maintain pay during periods of
illness and observed holidays. A Personal Leave Account of employees will be credited
with 15 days during the first pay period of the work year (ten-month active period);
provided, that under no circumstances will the account be allowed to accrue more that
30 days. Personal Leave Days which are not used may be accrued from year to year.
Such accrual shall be limited to 30 days with subsequent crediting of annual allocations
contingent upon current leave balances. Except in the case of illness, an employee
shall not be allowed use of more than two Personal Leave Days per month during the
first five months of employment.
Annual Leave: Annual Leave benefits are not provided to employees filling positions
within the ten-month classification. By the nature of the employment classification,
employees are provided two months off with compensation each year, thereby
providing a reasonable break in employment for purposes of rest and regeneration.
Otherwise, employees have the opportunity to exercise the benefits associated with
Personal Leave Days which, when exercised, provide time off with compensation during
active status.
Existing Labor Agreement: All provisions of this Labor Agreement, except as otherwise
specified in this Appendix shall apply to members of the bargaining unit occupying ten-
month positions. For purposes of clarification, "ten-month employees" are those who
are regularly assigned to a work schedule consisting of ten months of active status and
two months of inactive status during a twelve month period.
Appendix C