HomeMy WebLinkAboutCAG1998-0018 - Original - AFSCME 1998-2000 Labor Agreement CITY OF KENT
AND
WASHINGTON STATE COUNCIL
OF COUNTY AND CITY EMPLOYEES
UNION, LOCAL 2617
LABOR AGREEMENT
January 1, 1998 - December 31, 2000
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TABLE OF CONTENTS
PREAMBLE ....................................................................................................................1
ARTICLE 1 — RECOGNITION AND BARGAINING UNIT...............................................1
SECTION 1.1 — RECOGNITION OF UNIT.............................................................................1
SECTION 1.2 — EXCLUDED EMPLOYEES ...........................................................................1
SECTION 1.3 —TEMPORARY EMPLOYEES.........................................................................2
SECTION 1.4 — DISPUTE RESOLUTION..............................................................................2
ARTICLE 2 — UNION MEMBERSHIP AND DUES DEDUCTION ...................................2
SECTION 2.1 — UNION MEMBERSHIP................................................................................2
SECTION 2.2 — DUES DEDUCTION....................................................................................3
ARTICLE 3 — SENIORITY AND EMPLOYMENT PRACTICES......................................3
SECTION3.1 — PROBATIONERS.......................................................................................3
A. Non Civil Service Employees............................................................................3
B. Civil Service Employees....................................................................................4
SECTION3.2 — SENIORITY ..............................................................................................5
SECTION 3.3 — PERSONNEL REDUCTION..........................................................................6
SECTION 3.4 — SEVERANCE PAY.....................................................................................7
SECTION 3.5 — NOTIFICATION FOR RECALL.......................................................................7
SECTION3.6 — RECALLS.................................................................................................7
SECTION 3.7 — POSITION VACANCIES ..............................................................................8
ARTICLE4— HOURS OF WORK...................................................................................8
SECTION4.1 — HOURS OF WORK ....................................................................................8
SECTION 4.2 —ALTERNATIVE WORK SCHEDULES..............................................................9
SECTION 4.3 — MEAL AND REST PERIODS......................................................................10
ARTICLE 5 —OVERTIME, COMPENSATORY TIME AND CALL BACK.....................10
SECTION5.1 — OVERTIME.............................................................................................10
SECTION5.2 — CALL BACK ...........................................................................................11
SECTION 5.3 — COMPENSATORY TIME............................................................................11
ARTICLE6 — UNION ACTIVITIES................................................................................11
SECTION 6.1 —ATTENDANCE AT MEETINGS....................................................................11
SECTION 6.2 — BULLETIN BOARDS.................................................................................12
SECTION 6.3 — EMPLOYEE UPHOLDING UNION PRINCIPLES/PERFORMING DUTIES.............12
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ARTICLE 7 - GRIEVANCE PROCEDURE...................................................................12
SECTION 7.1 - GRIEVANCE OR DISPUTE OVER PROVISIONS OF AGREEMENT.....................12
SECTION 7.2 - CIVIL SERVICE APPEAL ..........................................................................13
SECTION 7.3 - GRIEVANCE STEPS ................................................................................13
Step1.....................................................................................................................13
Step2..................................................................................................................... 13
Step3..................................................................................................................... 14
Step4..................................................................................................................... 14
SECTION 7.4 - GRIEVANCE AGAINST UNION...................................................................14
Step1..................................................................................................................... 14
Step2..................................................................................................................... 15
ARTICLE 8 - DISCIPLINARY ACTION BY THE EMPLOYER.....................................15
SECTION 8.1 - DISCIPLINARY ACTION............................................................................15
SECTION 8.2 - DISCIPLINARY/PERSONNEL RECORDS......................................................15
ARTICLE 9 -WORK STOPPAGES AND EMPLOYER PROTECTION .......................16
SECTION 9.1 -WORK STOPPAGE DEFINED....................................................................16
SECTION 9.2 - BACK TO WORK ORDER .........................................................................16
SECTION 9.3 - DISCIPLINARY MEASURES BY EMPLOYER.................................................17
ARTICLE 10 - DEPARTMENT WORK RULES............................................................17
ARTICLE 11 - MANAGEMENT RIGHTS......................................................................17
ARTICLE 12 - CONTRACTING WORK .......................................................................18
ARTICLE 13 -CITY COUNCIL AGENDASIMINUTES.................................................19
ARTICLE14- PAY PERIODS......................................................................................19
ARTICLE 15 -WAGES, COMPENSATION AND LONGEVITY...................................20
SECTION15.1 -WAGES...............................................................................................20
SECTION 15.2 -JOB DESCRIPTIONS AND RECLASSIFICATION REQUESTS..........................20
SECTION15.3 - LONGEVITY..........................................................................................21
SECTION 15.4 - EDUCATIONAL INCENTIVE PLAN.............................................................21
SECTION 15.5 - SHIFT DIFFERENTIAL PAY(POLICE SUPPORT) ........................................21
SECTION 15.6 - OUT OF CLASS PAY .............................................................................22
SECTION 15.7 - CORRECTIONS PREMIUM PAY/ASSIGNMENT...........................................24
ARTICLE 16 - EMERGENCY CONDITIONS................................................................25
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ARTICLE17 — HOLIDAYS............................................................................................25
SECTION 17.1 — HOLIDAYS OBSERVED..........................................................................25
SECTION 17.2 —HOLIDAY LEAVE BANK...........................................................................26
A. Eligibility..........................................................................................................26
......................
B. Accruals ....................................................................................26
C. Holidays Not Worked.......................................................................................26
D. Holidays Worked.............................................................................................27
F. Cash Out.........................................................................................................28
SECTION 17.3 — HOLIDAY COMPENSATION FOR POLICE SUPPORT....................................28
ARTICLE18 —ANNUAL LEAVE..................................................................................29
SECTION 18.1 —ANNUAL LEAVE ACCRUAL.....................................................................29
SECTION 18.2 — MAXIMUM LEAVE ACCRUAL...................................................................30
SECTION 18.3 — SCHEDULING ANNUAL LEAVE................................................................30
A. Non-Civil Service.............................................................................................30
B. Civil Service.....................................................................................................30
ARTICLE19 —SICK LEAVE.........................................................................................30
SECTION 19.1 — SICK LEAVE ACCRUAL..........................................................................30
SECTION 19.2 — USE OF SICK LEAVE.............................................................................31
SECTION 19.3 — PROMPT NOTIFICATION ........................................................................31
SECTION 19.4— SICK LEAVE ABUSE..............................................................................31
SECTION 19.5 — CONDITIONS NOT COVERED .................................................................32
SECTION 19.6 — PHYSICIAN'S STATEMENT .....................................................................32
SECTION 19.7 —WELLNESS PROGRAM ..........................................................................32
SECTION 19.8 — SICK LEAVE INCENTIVE PROGRAM.........................................................32
ARTICLE 20 —JURY DUTY AND COURT APPEARANCES.......................................33
SECTION 20.1 — JURY DUTY AND COURT APPEARANCES.................................................33
SECTION 20.2 — JOB-RELATED COURT APPEARANCE .....................................................33
A. Shift Other than Grave ....................................................................................33
B. Grave Shift......................................................................................................34
C. Pyramiding......................................................................................................34
D. Standby Time for Court Appearance...............................................................34
ARTICLE 21 — BEREAVEMENT LEAVE......................................................................34
SECTION 21.1 — USE OF BEREAVEMENT LEAVE..............................................................34
SECTION 21.2 — IMMEDIATE FAMILY...............................................................................34
SECTION 21.3 — USE OF SICK LEAVE TO SUPPLEMENT BEREAVEMENT LEAVE...................35
ARTICLE22 — PENSION..............................................................................................35
ARTICLE 23 —WORKERS' COMPENSATION PROGRAM.........................................35
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ARTICLE24- INSURANCE.........................................................................................35
SECTION 24.1 - MEDICAL/DENTAL PLANS......................................................................35
SECTION 24.2 - EMPLOYEE CONTRIBUTION-MEDICAL/DENTAL COVERAGE.......................36
SECTION 24.3 - HEALTH CARE TASK FORCE .................................................................36
SECTION 24.4 - LIFE INSURANCE..................................................................................36
SECTION 24.5 - LONG TERM DISABILITY INSURANCE(LTD) ............................................36
ARTICLE 25 - EDUCATION, SEMINARS AND CONFERENCES...............................37
SECTION 25.1 - REIMBURSEMENT FOR TRAINING SEMINARS/CONFERENCES....................37
SECTION 25.2 -SPECIAL LICENSES AND CERTIFICATES..................................................37
SECTION 25.3 - EDUCATION- GENERAL.......................................................................37
SECTION 25.4 - REIMBURSEMENT REQUESTS................................................................38
SECTION 25.5 - CLASS ATTENDANCE............................................................................38
SECTION 25.6 - REIMBURSEMENT FOR TRAINING ...........................................................38
ARTICLE 26 - LABOR MANAGEMENT COMMITTEE................................................39
ARTICLE 27 - HEALTH AND SAFETY........................................................................39
SECTION 27.1 -WORKING CONDITIONS.........................................................................39
SECTION 27.2 -UNIFORMS AND SAFETY GEAR ..............................................................39
SECTION 27.3 - PERSONAL TOOLS ...............................................................................41
SECTION 27.4 - MISCELLANEOUS PROVISIONS...............................................................41
ARTICLE 28 - NON-DISCRIMINATION.......................................................................41
ARTICLE29 - MILITARY LEAVE ................................................................................41
ARTICLE 30 - PRIORITY OF STATE AND CITY LAWS/SAVINGS CLAUSE ............42
ARTICLE 31 -SMOKE FREE WORKPLACE..............................................................42
ARTICLE 32 -ALCOHOL OR DRUGS IN THE WORKPLACE...................................42
SECTION 32.1 - DRUG FREE WORKPLACE.....................................................................42
SECTION 32.2 - DRUG AND ALCOHOL TESTING ..............................................................43
SECTION 32.3 - INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING ...............43
SECTION 32.4 - EMPLOYEE TESTING.............................................................................43
SECTION 32.5 -ALCOHOL TESTING...............................................................................44
SECTION 32.6 -TESTING PROGRAM COSTS ..................................................................44
SECTION 32.7 - REHABILITATION PROGRAM ..................................................................44
SECTION 32.8 - DUTY ASSIGNMENT AFTER TREATMENT.................................................45
SECTION 32.9 - RIGHT OF APPEAL................................................................................45
SECTION 32.10 - UNION HELD HARMLESS.....................................................................45
ARTICLE 33 -JOB ROTATION...................................................................................45
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ARTICLE34—VOLUNTEERS......................................................................................45
ARTICLE 35— CIVIL SERVICE SHIFT BIDDING.........................................................46
SECTION 35.1 — POLICE SUPPORT SHIFT BIDDING..........................................................46
SECTION 35.2 — CORRECTIONS POSITION BIDDING.........................................................47
Subsection 35.2.1 - Shift Assignments...................................................................47
Subsection 35.2.2 - BidlAssignment Process.........................................................48
Sub-section 35.2.3— Corrections Bid Cycle...........................................................48
ARTICLE 36 — ENTIRE AGREEMENT.........................................................................49
ARTICLE36 — DURATION...........................................................................................49
SIGNATURES...............................................................................................................50
APPENDIXA...................................................................................................................1
SCHEDULE "A..............................................................................................................1
APPENDIXB...................................................................................................................1
SCHEDULE «B"............................................................................................................1
APPENDIXC..................................................................................................................1
POLICE DEPARTMENT INTERNAL INVESTIGATIVE PROCEDURES .....................1
SECTION 1 - EMPLOYEE RIGHTS......................................................................................1
SECTION 2 - PSYCHOLOGICAL EVALUATIONS....................................................................3
A. Conditions Under Which Evaluations Will Take Place.......................................3
B. Results of the Evaluation...................................................................................3
C. Definition...........................................................................................................3
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PREAMBLE
This agreement is between the City of Kent (hereinafter called the City), and Local
#2617, Washington State Council of County and City Employees, American Federation
of State, County and Municipal Employees, AFL-CIO (hereinafter called the Union) for
the purpose of setting forth a mutual understanding of the parties as to wages, hours,
and working conditions, for those employees for whom the City recognizes the Union as
the collective bargaining representative.
The City and the Union shall cooperate to provide the public with efficient and courteous
service, to promote the efficiency of law enforcement, public safety, the morale and
security of employees, to encourage good attendance of employees, and to promote a
climate of labor relations that will aid in achieving a high level of efficiency and
productivity in all departments of City government.
Whenever words denoting the feminine or masculine gender are used in this
Agreement, they are intended to apply equally to either gender.
ARTICLE 1 — RECOGNITION AND BARGAINING UNIT
Section 1.1 — Recognition of Unit
The City hereby recognizes the Union as the exclusive bargaining representative for
regular fulltime and regular part-time employees who work for the City of Kent in the
following departments/divisions: Finance, Fire Administration, Fire Prevention, Police
(regular fulltime only), City Attorney's Office Prosecution Division, Planning
Administration, Development Services, Parks Maintenance, Parks Facilities, Public
Works Administration, Public Works Operations, Information Services Administration
and Multimedia Division, City Clerk's Office, and whose positions are allocated to
classifications listed on Schedule A and Schedule B.
Section 1.2— Excluded Employees
The following employees shall be excluded from the bargaining unit:
A. All other represented employees of the City;
B. All Department/Division Directors, Managers, as well as supervisory and
confidential employees as defined by P.E.R.C.;
C. Police Department Drinking Driver Task Force Personnel and Parking
Enforcement Assistant; and
D. All employees classified as temporary, as defined in Section 1.3.
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Section 1.3—TemRgmty Emoioyees
Temporaries shall be considered employees hired to work no more than five (5) months
in any twelve (12) month period or who work less than 520 hours in any twelve (12)
month period and are not regularly scheduled. Temporary employees shall not be used
to supplant or replace bargaining unit employees. The City shall notify the Local Union
President of all temporaries performing bargaining unit work.
The use of temporary employees is appropriate for defined short-term, intermittent, or
seasonal work in accordance with the above. Temporary employees shall be classified
into one of two categories:
A. Five (5) month temporaries are defined as employees who may work up to forty
(40) hours a week for a period not to exceed five (5) consecutive months in a
calendar year (January— December). A minimum of four (4) months break in
service shall occur after any five (5) consecutive month period.
B. 520 hour temporaries are defined as employees who work less than 520 hours in
any calendar year (January— December) and are typically described as on-call,
intermittent, or who may be routinely scheduled for only a few hours each week.
Departments may hire multiple temporary employees as defined above but shall not
combine or overlap temporaries in such a way as to create the equivalent of a regular
position or to avoid the time constraints set herein.
Section 1.4— 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
(P.E.R.C.) for determination. Failing agreement of the parties, pending resolution,
bargaining unit members shall remain members.
ARTICLE 2 — UNION MEMBERSHIP AND DUES DEDUCTION
Section 2.1 — Union Membership
Except as provided below, it shall be a condition of employment that all employees of
the Employer covered by this Agreement be members of the Union in good standing
and shall remain in good standing. Except as provided below, it shall be a condition of
employment that all employees covered by this Agreement hired on or after its effective
date shall, on or before the thirty-first (315) day following the beginning of such
employment, become and remain members in good standing in the Union. When the
application of provisions set forth in the next paragraph are in dispute, the thirty-one
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(31) day period shall not begin to run until the dispute has been resolved through the
appropriate proceedings.
In accordance with R.C.W. 41.56.122, employees covered by this Agreement who for
bona fide religious tenets or teachings of a church or religious body are forbidden from
joining a union or association, shall contribute an amount equivalent to regular union
dues and initiation fees, if applicable, to a non-religious charity or to another charitable
organization mutually agreed upon by the Employee and Union. The Employee shall
furnish written proof to the Union that such payment has been made.
Pending the resolution of any dispute concerning the application of R.C.W. 41.56.122,
the amount equivalent to union dues and initiation fees shall be held in an escrow
account.
Section 2.2 — Dues Deduction
The City agrees to deduct semi-monthly from the paycheck of each employee, who has
so authorized it, the regular monthly dues uniformly required of members of the Union.
The amounts deducted shall be transmitted monthly to the Union on behalf of the
employees involved.
The Union will indemnify, defend, and hold the City harmless against any claims made
and against any suit instituted against the City as a result of compliance with this article.
The Union agrees to refund to the City any amounts paid to it in error as a result of
compliance with this article, upon presentation of proper evidence thereof.
The City agrees to provide the Local Union President with a payroll register of the
bargaining unit employees each pay period and a list of all new employees covered by
the collective bargaining agreement.
The City agrees to provide the affected employee(s) with a copy of a Personnel Action
Report which identifies changes to the employees' pay and/or employment status which
shall be provided within five (5) working days of the payday.
ARTICLE 3 — SENIORITY AND EMPLOYMENT PRACTICES
Section 3.1 — Probationers
A. Non Civil Service Employees
New Hires: All employees hired after the signing of this contract shall serve a
probationary period during the first twelve (12) months of employment. All
employees hired prior to the signing of this contract shall serve a probationary
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period of six (6) months. Probationary employees shall have full access to the
grievance procedure except in cases of disciplinary action.
B. Civil Service Employees
1. New Hires: The parties recognize the purpose of probationary
employment for new hires and rehired employees is to provide a trial
period of employment during which the City can observe the performance
of the probationer before confirming the rights of permanent status.
During the actual or extended probationary period of employment, the
probationer shall be entitled to the protection of the grievance procedure
as outlined in this agreement, except that the probationer may not
challenge any disciplinary determinations made by the City,
determinations made related to Article 4.1, and for those other exceptions
specifically identified within the agreement.
In the case of lay off, bumping and recall, there shall be no seniority
among probationary employees. Upon the successful completion of the
probationary period, the employee shall acquire seniority credit, and their
seniority shall be retroactive to the date of employment, less any
adjustments.
2. Transferred and Promoted Employees. Any permanent employee who is
transferred (pursuant to the Civil Service process), or promoted shall be
considered as a special probationary employee, and must successfully
complete a twelve (12) month special probationary period before being
permanently appointed to the new position or rank. For purposes of this
agreement, special probationary employees who are employed as regular
full time shall be considered as and entitled to all benefits of non-
probationary members of the bargaining unit.
If the special probationary employee fails to demonstrate that he or she
can completely and satisfactorily perform the job within the special
probationary period, the City shall return the employee to his or her former
position classification, or rank, without any loss of seniority, and this
determination may not be challenged under the grievance procedure. Any
other employees who were transferred or promoted as a result of this
employee's transfer or promotion shall also be returned to their former
positions, and unless there is a layoff involved, the bumping procedure
shall not apply.
3. Probation Extension. Any probationary period for police department
employees may be extended upon the request of the Police Chief as a
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result of approved breaks in service, to allow for the completion of twelve
(12) months of satisfactory performance in the employee's regular
assignment.
Section 3.2— Seniority
A. For the purposes of this article permanent service shall be defined as regular full
time or regular part-time employment with the City of Kent.
B. Seniority, for the purpose of vacation bids shall be defined as the employee's
length of permanent service within their department, less any adjustments due to
layoff, approved leaves of absence without pay (unless otherwise agreed to by
the City), periods of 24 months or less between resignation and reinstatement
(according to Civil Service procedures, if applicable), or other authorized breaks
in service.
C. Seniority, for the purpose of shift bidding, reductions in force, recalls, and
reductions in rank resulting from personnel reductions, shall be defined as the
employee's length of permanent service within their current rank or classification,
less any adjustments due to layoff, approved leaves of absence without pay
(unless otherwise agreed to by the City), periods of 24 months or less between
resignation and reinstatement (according to Civil Service procedures, if
applicable), or other authorized breaks in service. In the case of an employee
who has had a reduction in rank or class, the employee's seniority shall include
time spent in the higher rank(s) or class(es).
D. Seniority for all other purposes, shall be defined as the employee's length of
permanent service with the City of Kent, less any adjustments due to layoff,
approved leaves of absence without pay (unless otherwise agreed to by the
City), periods of 24 months or less between resignation and reinstatement
(according to Civil Service procedures, if applicable), or other authorized breaks
in service.
E. Seniority and the employment relationship shall be terminated when an
employee: resigns; is discharged for just cause; is absent for three (3)
consecutive working days without notifying the City unless there are extenuating
circumstances beyond the employee's control; is laid off and fails to report for
work within three (3) working days after having been recalled; does not report for
work within forty-eight (48) hours after the termination of an authorized leave of
absence, unless there are extenuating circumstances beyond the employee's
control; is laid off for a period in excess of one (1) year; or retires or is retired.
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Section 3.3 — Personnel Reduction
Should it become necessary due to budgetary conditions, lack of work, or any other
reasonable cause, to reduce the number of employees within the City, the following
basic provisions shall apply:
A. It shall be the responsibility of the City to determine job classifications in which
layoffs are to occur. Such factors as nature of work performed and impact on
Department operations shall be weighed to determine areas where reductions
can be made.
B. Order of layoff shall be determined by job classification within the Department.
Employees with the least seniority in a classification, as defined in Section 3.2,
will be laid off first.
C. If an employee subject to layoff has more seniority than an employee in the same
classification within the bargaining unit or in a classification previously occupied
by the employee within the bargaining unit and meets the minimum qualifications
for the job, the more senior employee shall have the option of bumping the less
senior employee. For purposes of bumping, an employee bumping to a lower
compensated or equivalently compensated classification shall add their seniority
in that classification to any seniority in an equivalently compensated or higher
compensated classification. Although seniority can accumulate from a higher
compensated classification to a lower compensated classification or between two
(2) equivalently compensated classification following the line of progression,
seniority cannot accumulate from a lower compensated classification to a higher
compensated classification. It is understood that employees in non-AFSCME
positions shall be entitled to bumping rights but shall only be allowed to
accumulate seniority, for this purpose, for time spent in bargaining unit
classifications.
D. Employees bumping to a different classification in the same pay range shall
remain at the salary step occupied prior to the move and given credit for time
served within that salary step. Employees bumping to a lower classification shall
be compensated at the salary range assigned to the position they are transferred
to. Placement within the salary range shall be determined by the City, but the
employee shall not be placed lower than five percent (5%) below their previous
compensation nor above the top step of the new range. Their increment date
shall not be changed. If an employee is transferred to a classification whose
entire salary range is below their previous compensation, said employee shall be
placed at the top step of the salary range for the new classification regardless of
the five percent (5%) limitation noted above.
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No bargaining unit employee may be laid off if there are temporary employees working
in the same work unit. Any employee subject to layoff shall have the right to bump into
any temporary position working within the bargaining unit for which they are qualified.
In which case, they will assume the status of a temporary employee without loss of
seniority rights as provided for in Article 3, Section 3.2 of this Agreement.
No bargaining unit member may be laid off without being given thirty (30) calendar days
notice. In the event the Employer intends to cease the operation of the Corrections
Facility, it shall provide the Union and the employees such notice not less than six (6)
months prior to such change in operation.
Section 3.4— Severance Pay
All non-probationary employees shall, in event of reduction in force, be paid at the time
of separation, a sum equal to twenty two (22) days pay, not to exceed 176 hours. Such
severance pay shall be in addition to any and all monies due the employee at the time
of separation, provided, however this section shall only apply to employees who are laid
off by the City. Voluntary termination and other terminations not classified as layoff are
excluded from the provisions of this section.
Section 3.5 — Notification for Recall
All employees who have been laid off shall receive, via certified mail, notification of all
job openings in the City of Kent. The employees shall receive such notification for 24
months from the date of lay-off or reduction. Refusal to accept regular full-time
employment offered by the City of Kent during this period shall terminate the
employee's notification right.
Section 3.6 — Recalls
All employees who have been laid off shall have the right to apply and compete for any
vacancies in the City. Should one or more laid off employees apply for a vacancy within
the bargaining unit for which the employee(s) has previously held, said vacancy shall be
filled by the most senior applicant, having seniority rights as defined in Article 3, Section
3.2. Employees applying for a position within the bargaining unit which they have not
previously held, and who meet the minimum qualifications for the job, shall be given
preferential consideration over other applicants outside the bargaining unit when the
position is filled.
If an employee is recalled to a classification in the pay range they occupied prior to the
layoff, the employee shall return to the salary step occupied prior to the layoff and given
credit for time spent within that salary step. Employees recalled to a lower
compensated classification shall be compensated at a salary range assigned to the
position they are transferred to. Placement within the salary range shall be determined
by the City, but the employee shall not be placed lower than five percent (5%) below
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their previous compensation nor above the top step of the new salary range. The
employee shall be given credit for time spent based on time worked since their last step
increase. If an employee is recalled to a classification whose entire salary range is
below their previous compensation, said employee shall be placed at the top step of the
salary range of the new classification regardless of the five percent (5%) limitation noted
above.
Section 3.7— Position Vacancies
Regular full time and regular part-time position vacancies within the bargaining unit shall
be distributed to all departments through inter-office mail and on the citywide e-mail
system. Job vacancies shall be opened for a minimum of five (5) working days.
Qualified regular full time and regular part-time City employees may apply for a vacancy
and will be allowed to compete in the process. The City may thereafter post the
vacancy to outside applicants, as it deems appropriate. In such cases, employees who
applied through the in-house process shall be allowed to compete in the process.
Regular part-time positions authorized to become regular full time by the City Council
shall first be offered to the incumbent employee.
For the purpose of outside recruitment, the City reserves the right to develop and utilize
applicant pool lists.
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.
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ARTICLE 4— HOURS OF WORK
Section 4.1 — Hours of Work
A. For Corrections Officers, Corrections Sergeants, Records Supervisors, Records
Specialists and Data Entry Specialist the normal work schedule for employees
covered by this agreement shall not exceed 40 hours of work in a seven (7)
consecutive day period. The work week will commence at the beginning of day
shift on Sunday and end with completion of Saturday night's graveyard shift. The
employee's work schedule shall be posted at least fourteen (14) days prior to the
beginning of the applicable work period.
The normal work schedule for all employees covered by this agreement shall be
designed with a minimum of a 30 minute (maximum 60 minute) unpaid lunch
period. Except that for Corrections Officers and Corrections Sergeants lunch
shall be inclusive.
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The work schedule shall be either five (5) consecutive workdays followed by two
(2) consecutive days off, or four(4) consecutive workdays followed by three (3)
consecutive days off, except at shift rotation time, or a mutually agreed upon
alternative work schedule.
Scheduling changes may be made where there is an operating need. The Union
shall be given thirty (30) days advance notice of any change in the basic
schedule (5-2 to 4-3 or 4-3 to 5-2), and of the schedule determined for new
assignments or positions, and the reasons necessitating it, in order to discuss
alternatives and impacts. Provided, however, that any employee covered in this
section who is required to report back to work between the end of their regular
shift and the beginning of their next regular shift shall be paid at the overtime rate
for all hours worked between regular shifts.
Employees must be scheduled with at least twenty-four (24) hours between the
time each regular shift begins. If as a result of shift bidding, an employee's
schedule would not allow for at least twenty-four (24) hours between the time
each regular shift begins; the employee will be provided an opportunity to take a
day of leave or adjust their schedule for the first week of the new rotation only.
Except as provided herein, the Police Administration shall have the right to
determine the work schedule.
B. For all employees not covered under Section A above, the regular hours of work
each day shall be consecutive except for lunch periods. The normal work week
shall be five (5) consecutive days of not more than eight (8) hours per day,
Monday through Friday, exclusive of lunch period, except where the work day or
work week is different and is accepted as a condition of employment when the
employee is hired. Scheduling changes may be made where there is an
operating need.
C. Daylight Savings— Employees who work graveyard shift during the fall will be
paid one hour at the overtime rate of time and one-half when the clocks are
moved back one hour. Employees who work graveyard shift during the spring
will be required to utilize one hour of annual or compensatory leave when the
clocks are moved forward one hour, or be allowed to work the additional hour to
complete their normal shift hours.
Section 4.2—Alternative Work Schedules
Alternative schedules, as agreed to by employer and Union, may be utilized. For
example, but not limited to: flex time, 4/10's, 9/80's, tole-work, etc. Any such schedule
needs to be reduced to writing and signed off by the City and the Union. The City
reserves the right, with fourteen (14) days notice to the employee to revert back to the
normal schedule based on operating need and/or employee job performance concerns.
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The employee may also, with fourteen (14) days notice revert back to the normal
schedule.
Section 4.3— Meal and Rest Periods
All employees shall be granted a 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 supervisor and employee, as defined in Section 4.1 above.
Except in emergency situations, all employees will be granted one paid fifteen (15)
minute rest period during each one-half(1/2) shift, at the middle of each one-half(1/2)
shift whenever feasible. Emergency situations are defined as situations where injury to
persons, loss of life and/or serious public or private property damage are possible.
Employees whose work requires personal clean-up prior to leaving the Employer's
premises or job site shall be allowed necessary time for doing so prior to lunch and the
end of the shift.
ARTICLE 5 —OVERTIME. COMPENSATORY TIME AND CALL BACK
Section 5.1 —Overtime
The City reserves the right to determine whether overtime is necessary or should be
worked.
A. All regular full-time employees shall be paid at the rate of time and one-half their
rate of pay for all time worked in excess of their normal forty (40) hour work
week. In computing overtime, rounding up to the nearest one-quarter (1/4) hour
shall be used. In addition, all regular full-time employees who work in excess of
their regular shift in any one (1) day exclusive of the lunch period shall be paid at
a rate of time and one-half.
B. All regular part-time and job share employees who work in excess of forty (40)
hours in a worts week, or eight (8) hours in a work day shall be paid at time and
one-half.
C. Mutually agreed alternative work schedules beyond eight (8) hour days shall be
paid at time and one half for all hours in excess of their regular shift.
D. Employees required to work on a sixth (6th) or seventh (7th) consecutive day
within the same work week shall be paid at the rate of time and one-half.
E. Overtime shall be offered evenly to those employees who normally perform the
work within the same work unit.
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Section 5.2—Call Back
Call back shall be defined as all time worked in excess of a scheduled shift, which is not
an extension of that shift. Effective January 1, 1998, employees called back to work
shall be paid a minimum of three (3) hours at the overtime rate.
Section 5.3— Compensatory Time
Employees shall have the right to request compensatory time at the same ratio as the
overtime rate in lieu of cash payment for overtime .
Requests for compensatory time off may be denied if the department director
determines that the operational effectiveness of the City would be impaired by such
action in accordance with the Fair Labor Standards Act (F.L.S.A.).
Compensatory time will be accrued at the rate of one and one-half for every hour
worked and shall not, at any given time, exceed eighty (80) hours. All hours accrued
above eighty (80) shall be paid. If an employee is unable to use accrued compensatory
time, they shall be granted the option to cash out their accrual upon request. The cash
out will be included in the next regularly scheduled paycheck.
ARTICLE 6 — UNION ACTIVITIES
Section 6.1 —Attendance at Meetings
With prior notice, the City will grant employees who are designated Union
representatives reasonable time off, with pay, for meetings with City officials,
investigating grievances, grievance meetings, P.E.R.C. or arbitration hearings,
labor/management meetings, and contract negotiations. Meetings between the Local
Union representatives and management will be held during regular working hours, if
possible.
The Union representative shall be allowed access at reasonable times to facilities of
the City wherein the employees covered under this Agreement may be working. Access
shall be granted for the purpose of conducting necessary Union business and
investigating grievances. The representative shall normally notify the appropriate City
official (Department Director and/or Employee Services Director) prior to arriving on City
premises for Union business. In the event such prior notification cannot be given, the
Union representative will give such notice to the Employee Services Director or
appropriate Department or Division Director within ten (10) minutes after his/her arrival
at City facilities.
Employees whose regular work schedule is a swing shift or a night shift, may be
allowed to adjust their work schedule with prior supervisory approval for the purpose of
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attending Union meetings (limited to 12 meetings per year). However, employees may
elect to use either annual leave or compensatory time, if available, for time spent
attending Union meetings.
Section 6.2— Bulletin Boards
The City shall permit the reasonable use of bulletin boards and e-mail by the Union for
the posting of notices relating to Union business. Bulletin boards will be located in each
represented work area. Material posted thereon shall be the responsibility of the Union.
Shift personnel may receive Union notices in their City mailboxes.
Section 6.3 — Employee Unholding_Union PrincipieslPerforming Duties
The City agrees that the employees covered by this Agreement 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.
ARTICLE 7 —GRIEVANCE PROCEDURE
Section 7.1 —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.
Grievances processed through the grievance procedure shall be heard during normal
working hours, Monday through Friday, 8:00 a.m. to 5:00 p.m., unless stipulated
otherwise by the parties. Grievants and employee representatives involved in such
grievance meetings during their scheduled working hours shall be allowed to do so
without suffering a loss in pay.
If a grievance is not presented by the employee or the Union within the time limits set
forth below, it shall be considered 'Waived" and may not be further pursued by the
employee or the Union. If a grievance is not appealed to the next step within the
specified time limit or any agreed extension thereof, it shall be considered settled on the
basis of the City's last answer. If the City does not answer a grievance or an appeal
thereof within the specified time limits, the aggrieved employee and/or the Union may
elect to treat the grievance as denied at that step and immediately appeal the grievance
to the next step.
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 Labor/Management. If a resolution is not agreed to,
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the grievance process shall continue. Grievances shall be resolved in the following
manner.
Section 7.2 —Civil Service Appeal
Actions subject to appeal through either this contract grievance procedure or pertinent
Civil Service appeal procedures must follow either the grievance procedure contained
herein or pertinent procedures regarding such appeals to the Civil Service Commission,
including applicable deadlines. Under no circumstances may an employee use both the
contract grievance procedure and Civil Service Commission procedures relative to the
same action. The Employer shall endeavor to accommodate the work schedule of
employees who are the subject of a Civil Service hearing or grievance arbitration,
provided that the Employer is not required to alter the schedule of any employee to
make this accommodation.
Section 7.3— Grievance Steps
Step 1
A grievance shall be reduced to writing and presented by the aggrieved employee
and/or his/her Union Representative within fifteen (15) working days of the alleged
contract violation to the employee's immediate supervisor. Except that when the
employee's immediate supervisor is recognized under this collective bargaining
Agreement, the Step 1 grievance will be presented to the first supervisor in the
employee's chain of command who is not recognized under this collective bargaining
Agreement.
The immediate supervisor should consult and/or arrange a meeting with the employee
and/or Union Representative as necessary to resolve the grievance. The parties agree
to make every effort to settle the grievance at this stage promptly. The immediate
supervisor(s) shall answer the grievance within ten (10) working days after receipt of the
grievance.
For Civil Service employees, if the grievance is not resolved as provided above, it shall
be forwarded to the appropriate Division Commander by the aggrieved employee or
Union representative within ten (10) working days of receipt of the immediate
supervisor's answer to grievance. The Division Commander shall answer the grievance
within ten (10) working days.
Step 2
If not resolved above, the grievance shall be reduced to writing and submitted to the
Department Director by the aggrieved employee and/or the Union within ten (10)
working days following the completion of Step 1. The written grievance shall include a
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statement of the issue, the section(s) of the Agreement allegedly violated, facts of the
case, and remedy sought. A meeting shall be arranged within ten (10) working days
with the City and representatives of the Union. Following that meeting the party
responding to the grievance shall give its written response within ten (10) working days
of the completion of the meeting.
Step 3
Grievances not settled to the satisfaction of the Union shall then be presented by the
Union directly to the Mayor or his/her designee within ten (10) working days of the Step
2 response. A meeting shall be arranged within ten (10) working days between the City,
the grievant and the Union. The Mayor or his/her designee shall then submit a decision,
in writing, on the grievance within ten (10) working days from the completion of the Step
3 meeting. Copies of the decision shall be provided to the grievant and the Union.
Step 4
In the event the decision reached by the Mayor or his/her designee is unsatisfactory to
the Union, the grievance may, within twenty (20) working days, be submitted to
arbitration. If the parties fail to mutually agree upon an arbitrator, a list of seven (7)
names shall be requested from the Public Employment Relations Commission. The
parties shall alternately strike names, beginning with the respondent, until one (1) name
remains, that person shall serve as the arbitrator. If referred to arbitration:
(1) the arbitrator's decision shall be final and binding;
(2) the arbitrator shall be empowered to render a decision based on
interpretation of the contract only and shall not add or delete from the
provisions of this Agreement; and
(3) the arbitrator shall render a decision within thirty (30) days after the
hearing has been concluded.
It is agreed that the expenses and fees of the Arbitrator shall be borne equally by the
City and the Union and each party shall bear the cost of presenting its own case.
Section 7.4— Grievance Against Union
The following procedure shall be observed if the City files a grievance against the Union
for an alleged violation of the contract.
Step 1
The Mayor or his/her designated representative shall present the grievance to the Union
Staff Representative within ten (10) working days of occurrence. The Union shall
attempt to resolve the matter within twenty (20) working days of receipt.
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Step 2
If the matter is not satisfactorily resolved at Step 1, the City may within twenty (20)
working days refer the matter to arbitration using the procedure outlined in Section 7.3 —
Step 4.
ARTICLE 8 — DISCIPLINARY ACTION BY THE EMPLOYER
Section 8.1 — Disciplinary Action
The City shall not discipline or discharge an employee without just cause. Employees
shall be given the opportunity to have a Union Representative present at meetings
where disciplinary proceedings will take place.
The City agrees with the principles of progressive discipline. Disciplinary action
generally includes the following progressive steps:
1. Oral reprimand, which shall be reduced to writing although not placed in
the employee's personnel record;
2. Written reprimand;
3. Suspension or demotion; and
4. Discharge.
Disciplinary action will be tailored to the nature and severity of the offense.
Management maintains the right to take disciplinary action as they deem appropriate.
Section 8.2— Disciplinary/Personnel Records
Employee Personnel files are the responsibility of the Employee Services Department.
Employee Personnel files are confidential and shall be accessed only by the following
individuals:
a) Employee;
b) Employee's supervisor/department director;
c) Employee Services Director or designee;
d) An attorney representing the City of Kent in legal matters as approved by
the Employee Services Director; and
e) Employee's Union Representative upon written authorization from the
Employee.
No materials shall be included in an Employee Personnel file without the knowledge of
the employee and the Employee Services Department. The Employee Services
Director is designated guardian of the City's Personnel records and bears the
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responsibility for lost files. Therefore, no Personnel file will be allowed to leave the
immediate area of the Employee Services Department without authorization of the
Employee Services Director. All files will be allowed examination by an authorized
individual while in the presence of authorized Employee Services staff.
Documentation of disciplinary action shall be maintained in the employee's personnel
file in accordance with the following schedule, provided that exceptions to this schedule
may be approved by the Employee Services Director.
Written Reprimands: Written reprimands shall be purged from the
employee's personnel file after three (3) years from
the date of the reprimand, provided no other discipline
has subsequently occurred. Purged written
reprimands will be kept in an archived file to be
maintained as required by the State Archives and
Records Management Division.
Suspensions: Permanent record of the employee's personnel file.
Demotions: Permanent record of the employee's personnel file.
ARTICLE 9 —WORK STOPPAGES AND EMPLOYER PROTECTION
Section 9.1 —Work Stogpago 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.
It is agreed that all members of the bargaining unit shall perform all functions and duties
required by laws of the State of Washington and ordinances of the City of Kent.
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
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immediately cease engaging in such work stoppage and provide the City with a copy of
such order.
The City agrees that it shall not initiate a lockout of bargaining unit employees.
Section 9.3 — Disci la inary Measures by Empioyer
Any employee who commits any act prohibited in this Article may be subject to the
following penalties:
a) Oral reprimand;
b) Written reprimand;
c) Suspension (notice to be given in writing); and/or
d) Discharge.
It is understood that these penalties are not necessarily sequential. Disciplinary action
resulting from violation of this Article will be tailored to the nature and severity of the
offense.
ARTICLE 10 — DEPARTMENT WORK RULES
The City agrees to notify the affected employees in advance of changes in written
departmental operating procedures which would affect employees in the bargaining unit.
Conferences to discuss such changes may be arranged prior to the time such changes
would become effective. However, nothing in this section shall be construed to limit the
City from exercising its management responsibilities, provided, however, that when
changes in procedure or department operations would cause a reduction in force or
layoff of any employee, such proposed change, including the effective date shall be
provided in writing to the Union in advance of making the proposed change. Nothing in
this section shall be construed to waive the Union's right to bargain any mandatory
subject of negotiations.
Internal investigations of Civil Service employees in the Police Department will be
conducted in accordance with the Police Department Internal Investigative Procedures
outlined in Appendix C.
ARTICLE 11 — MANAGEMENT RIGHTS
The Union recognizes that an area of responsibility must be reserved to management if
it is to function effectively. Unless specifically modified by sections of this Agreement,
management retains the exclusive right to:
A. Plan, direct, control and determine all the operations and services of the City.
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B. Establish the qualifications for employment and to employ employees.
C. Direct employees of the City in the performance of their official duties.
D. Evaluate, promote, determine, transfer, assign, and retain employees in positions
in the City, and to suspend, demote, discharge, or take other disciplinary action
against such employees for just cause.
E. Determine the management organization, the selection, retention, and promotion
for occupations not within the scope of this Agreement.
F. Schedule and assign work.
G. Establish work and productivity standards and, from time-to-time, to change
those standards.
H. Make, alter and enforce reasonable rules, regulations, orders and policies.
I. Determine the necessity and amount of overtime and assign such overtime.
J. Determine the use of technology, equipment, methods, means, facilities,
organization, and number of personnel by which departmental operations are to
be conducted.
K. Determine whether goods or services are made or purchased.
L. Take whatever actions may be necessary to carry out police functions in
emergency situations.
M. Maintain efficiency of government operations entrusted to management.
The above listing of specific management rights is not intended nor shall be considered
restrictive of, or as a waiver of any rights of the City not listed herein. Such inherent
management responsibilities shall remain exclusively with the City except as they may
be shared with the Union by specific provisions of this Agreement.
ARTICLE 12— CONTRACTING WORK
The employer agrees not to contract-out bargaining unit work except under the following
conditions:
A. The employer will notify the Union at least forty-five (45) calendar days, except in
cases of emergency, prior to contracting out bargaining unit work in order to
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determine if that work might be more efficiently done in-house. Upon request,
the employer agrees to meet with the Union.
B. Temporary agency employees, i.e. Kelly Services, may be utilized in accordance
with the provisions of Section 1.3—Temporary Employees (criteria, timeframes).
Notification to the Union of the use of agency employees is not required.
ARTICLE 13 — CITY COUNCIL AGENDAS/MINUTES
The City will mail copies of City Council and Civil Service agendas and City Council and
Civil Service minutes to the Union.
ARTICLE 14— PAY PERIODS
The Employer shall pay all employees twice each month. The City shall pay all regular
employees on the fifth (5th) and twentieth (20th) of each month. In the event the fifth (5th)
or twentieth (20th) falls on Saturday, Sunday or holiday (Monday only), the pay date
shall be the preceding Friday. Advanced pay checks may be authorized in emergency
situations by the Employee Services Director or the Finance Director. Any employee
who is laid off or terminated shall receive all monies due him/her within one week of
termination, excluding weekends.
The City will make every effort to insure that employees receive their payroll checks by
12:00 noon on the designated payday.
Concerning employees who wish to participate in the direct deposit option offered by the
City for automatic deposit of paychecks to the banking institution of the employee's
choice, it is agreed that the timeliness of having funds available by 12:00 (noon) of any
given payday can no longer be guaranteed by the City due to the possibility of
unforeseen banking computer system problems that may arise from time to time.
Employees who opt to participate in this program do not have a 12:00 (noon) guarantee
insofar as the banking transfer network system is concerned. It is mutually understood
that the City has no control of the timeliness of funds being available once transmitted
electronically. However, it is also understood that normal paydays do occur on the 5th
and the 20th of each month and that the Cit�i makes every effort to initiate the electronic
transfer of employee pay on the 4th and 19t of each month to employee accounts.
The effective date for all increases in compensation shall be the first day of the month of
the employee's anniversary, or when otherwise eligible.
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ARTICLE 15 —WAGES. COMPENSATION AND LONGEVITY
Section 15.1 —Wages
Effective January 1, 1998, a cost of living adjustment that is equivalent to 90% of CPI-W
Seattle—Tacoma, July to July, which is 3.3%, shall be applied to all Bargaining Unit
classifications and salary ranges listed in schedule "A" and schedule "B" of this
agreement.
A probationary step shall be added to the pay range in Schedule "A" of this agreement.
The probationary step shall be the equivalent of five percent (5%) less than the present
"A" step of the pay range. Probationary employees shall serve six (6) consecutive
months at this probationary step. Upon satisfactory completion of the initial six (6)
months of the probationary period, the employee shall be advanced to the next step in
the range, where the employee shall serve twelve (12) months in each step until the
maximum step in the range is reached.
Effective January 1, 1999, a cost of living adjustment that is equivalent to 90% of the
Seattle—Tacoma-Bremerton CPI-W, July to July, shall be applied to all Bargaining Unit
classifications and salary ranges listed is schedule "A" and schedule "B" of this
agreement.
Effective January 1, 2000, a cost of living adjustment equivalent to ninety percent (90%)
of the Seattle-Tacoma-Bremerton CPI-W, June to June, shall be applied to all
Bargaining Unit classifications and salary ranges listed in schedule "A" and schedule "B"
of this agreement.
Section 15.2—Job Descriptions and Reclasslflcation Requests
Job descriptions for all represented employees shall be maintained by the Employee
Services Department.
Employees may apply for reclassification if they can demonstrate that there have been
significant changes in their job. Employees will be required to complete a position
questionnaire. The employee's supervisor will also be required to complete a section of
the questionnaire. The questionnaire will then be forwarded to Employee Services for
an evaluation. Requests for reclassification shall be processed within three (3) months
from the date the completed questionnaire has been received by Employee Services. If
a wage increase is warranted as a result of the reclassification process, such increase
shall be retroactive to the first day of the month following receipt of the completed and
signed questionnaire by Employee Services.
An employee, or supervisor, may appeal the findings of the Employee Services
Department by submitting a written appeal to the Director of Operations within ten (10)
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working days of Employee Services written recommendations. The Director of
Operations will provide a written response to the employee within fifteen (15) working
days.
Section 15.3 — Longevity
The following longevity pay shall apply:
After 5 consecutive years of service: 1% of base pay
After 10 consecutive years of service: 2% of base pay
After 15 consecutive years of service: 3% of base pay
After 20 consecutive years of service: 4% of base pay
The following employees shall also receive a minimum pay of$25.00 per month in
accordance with an Addendum to the1993-1994 labor agreement, dated April 27, 1994:
Ann Erickson, Sharon Andreas, and Michelle Hale.
Section 15.4— Educational Incentive Plan
For employees in the Corrections Officer and Corrections Sergeant classifications, an
Education Incentive Program shall be provided for qualified employees. Qualified
employees are those who have attained the education levels defined below. For
employees who qualify, educational levels will be compensated at the following rates:
Associate Bachelors Masters
A. $40 per month $80 per month $120 per month
B. Those employees who have attained a "Junior" status at an accredited university
or college will receive the same compensation as an employee with an AA
degree. In order to qualify for the compensation all of the credits earned must be
consolidated with one accredited university or college. It is the employee's
responsibility to provide proof of qualification.
C. Compensation will be provided based upon the highest educational level attained
and there shall be no pyramiding of educational degrees.
Section 15.5— Shift Differential Pay (Police SunRort)
A. Employees who are assigned to a regular workweek of five (5) consecutive days
on and two (2) consecutive days off or four (4) consecutive days on and three (3)
consecutive days off will receive shift differential pay as follows:
1. Employees who work shifts which normally commence after the hours of
11:00 a.m. or before 5:00 p.m. shall be considered swing shift personnel
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and shall receive a differential pay of twenty cents ($.20) per hour above
the regular pay rate in effect for their respective job classifications.
2. Employees who work shifts which normally commence after the hour of
5:00 p.m. or before 6:00 a.m. shall be considered to be grave shift
employees and shall receive a differential pay of thirty cents ($.30) per
hour above the regular pay rate in effect for their respective job
classifications.
3. Agreement between the City and Union is predicated on the current shift
structure in effect at the signing date of this contract. Should the function
of the section of the Kent Police Department covered by this agreement
change substantially due to changes in equipment available, scheduling
requirements, etc., it is understood that differential pay rates will be re-
examined in light of such changes.
B. In cases where the employee is permanently assigned to swing or grave shift,
leave benefits will be paid at the differential rates. If an employee is only
temporarily assigned to a swing or grave shift, they will be compensated at the
differential rate for only the hours worked.
Section 15.6— Out of Class Pay
A. Any non-Civil Service employee who is temporarily assigned by their division
manager to perform substantially all of the duties of a higher paying AFSCME job
classification during a time period consisting of seven (7) consecutive days
(inclusive of work and non-work days) shall be eligible to receive acting pay.
The employee assigned to work in an AFSCME position of a higher classification
shall be placed at the employee's current step in the range of the higher
classification or the step that represents a minimum of ten percent (10%)
increase (whichever is greater), not to exceed the maximum of the range.
Payment of acting pay shall be based on either an hourly rate or monthly rate
based upon the following criteria:
1. At the hourly equivalent (based on calculation used for overtime: monthly
salary/173.33) of the higher classification if assignment is for a period of
time less than one (1) month; or
2. At the monthly equivalent of the higher classification if the assignment is
for a period of time greater than or equal to one month.
B. Any bargaining unit employee who is temporarily assigned by their division
manager to perform at least fifty percent (50%) of a higher non-represented
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position's duties, for a time period consisting of seven (7) consecutive days
(inclusive of work and non-work days) shall be eligible to receive acting pay.
The following is provided as a general guideline for acting pay compensation.
The decision for specific placement of compensation will be at the discretion of
the Department Director, with approval of the Employee Services Director or
Director of Operations. At no time will acting pay exceed the top step of the
salary range for the position being filled.
1. One Month or Less: For acting pay assignments of one month or less,
compensation may be based on a ten percent (10%) base pay increase
above the employee's current salary level for the position being
temporarily filled.
2. Longer than One Month: For acting pay assignments of more than one
month to a maximum of one year, compensation may be placed between
A and E salary level for the position being temporarily filled with a
minimum of ten percent (10%) increase above the employee's base
position salary.
When an employee is assigned a Department Director's position duties,
acting pay may be placed within the higher salary range with a minimum
of ten percent (10%) increase above the employee's base position salary.
The Director of Operations or his/her designee must approve all
Department Director acting assignments and compensation.
3. During an acting assignment, Management Benefit and Longevity Pay
shall not be included or changed from that of the employee's base
position. The employee's salary review dates will also be maintained in
accordance with the employee's base position.
4. Upon return of the incumbent to his/her base position, the temporary
acting pay will be discontinued immediately.
5. Employees are not obligated to accept acting assignments into a non-
AFSCME position.
C. Corrections —The City agrees to compensate employees assigned by competent
authority to positions of higher authority and responsibility. Assignment shall be
limited to the positions of Corrections Sergeant and Corrections Lieutenant.
Assignment to Corrections Lieutenant shall be in accordance with Section
15.6(B). Employees must be assigned for a minimum of two (2) hours before
additional compensation will be paid. During shift overlap periods, Acting
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Corrections Sergeant will be appointed only if neither shift has a Corrections
Sergeant on duty, and then only one Acting Sergeant will be appointed.
D. Police Support—The City agrees to compensate members of the bargaining unit
assigned by competent authority to positions of higher authority and
responsibility. For purposes of this Agreement, assignment shall be limited in the
Records Unit to the positions of Records Supervisor and Support Services
Manager and in the Kent Corrections Facility, assignment shall be limited to the
Administrative Assistant 1. Assignment to Support Services Manager shall be in
accordance with Section 15.6(B). The employee will be compensated at the rate
of the higher classification provided they work one full shift or more.
Police administration, or their designee, must make formal temporary
assignments to the position of Records Supervisor, Support Services Manager,
or Administrative Assistant 1 before provisions of this section apply: naming
person placed in the temporary classification and the length of time the employee
will be in the temporary assignment.
Appointments to the position of Records Supervisor will be made whenever the
regular supervisor is absent provided:
1. There are two or more employees working;
2. There would normally be a supervisor working the affected shift; and
3. The Support Services Manager or another member of the police
administration does not assume the responsibilities of the supervisor.
When Police Data Entry personnel are assigned to fill in for absent Police
Records Specialists, they will be compensated at the rate of the higher
classification for all hours worked out of classification.
E. Longevity pay shall not be included or changed from that of the employee's base
salary. Acting pay shall be included in overtime calculations.
F. Acting pay assignments shall be communicated in writing by the Department
Director or Division Manager to the affected employee.
Section 16.7— Corrections Premium Pay/Assignment
Premium pay of five percent (5%) above base wage shall be granted to employees
while they are actively functioning as Field Training Officers in the Corrections Division
of the Police Department.
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ARTICLE 16— 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, compensatory time, or leave without pay to cover all hours away from
work.
ARTICLE 17 — HOLIDAYS
Section 17.1 — Holidays Observed
A. The following holidays shall be paid holidays for all employees covered by this
Agreement.
New Year's Day 1st Day of January
Martin Luther King's Birthday 3`d Monday of January
President's Day 3rd Monday of February
Memorial Day Last Monday in May
Independence Day 4th Day of July
Labor Day 19t Monday in September
Veteran's Day 11th Day of November
Thanksgiving Day 4th Thursday of November
Day After Thanksgiving Day after Thanksgiving
Christmas Day 25t Day of December
Floating Holiday Scheduled with Management Approval
Other holidays as proclaimed by the Mayor and/or City Council
B. Holidays Observed
Shift Personnel: For the purpose of this article, shift personnel shall be defined
as those who are required to work rotating shifts in 24-hour operations. For
these shift personnel, holidays shall be observed on the actual holidays.
However, Memorial Day shall be observed on the last Monday in May as outlined
above.
Non-Shift Personnel: For all non-shift personnel, holidays shall be observed on
the days outlined above. However, for dates when the above holidays fall on
Saturday, the preceding Friday will be observed. When a holiday falls on
Sunday, the following Monday will be observed.
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Section 17.2 —Holiday Leave Bank
The following provisions of the holiday leave bank shall be applicable to all employees
of the bargaining unit except for those in the support services classifications in the
Police Department.
A. Eligibility
To be eligible for holiday leave pay, an employee must be paid on the City's
payroll the day preceding and the day following an observed holiday as specified
in Section 17.1. An employee on leave of absence without pay is not eligible for
holiday pay.
New Hires: Employees working less than a full calendar year will receive such
holiday hours in a proportion equal to the number of holidays occurring during the
calendar year while the employee is working for the City on a regular basis. The
floating holiday will only be awarded to new hires, who have completed four (4)
continuous months of service.
Termination: Employees terminating during the year will be paid eight (8) hours
for each holiday occurring up to the date of termination (including their floating
holiday), minus all holiday hours already withdrawn from the bank that year.
Deductions, if any, will be made from the employee's final paycheck.
B. Accruals
Regular Full Time employees of the bargaining unit shall be entitled to 88 hours
of holiday pay during each year, which represents the equivalent of eleven (11)
holidays in a year. The 88 hours shall be placed in a holiday bank for each
employee on January 1t of each year.
Regular Part-time employees of the bargaining unit shall accrue holiday hours
based on their actual hours compensated and shall participate in the holiday
bank identified above on a prorated basis. Initial bank hours shall be established
based on budgeted hours and shall be adjusted to reflect compensated hours on
the following month.
C. Holidays Not Worked
Employees who do not work on holidays as listed in Section 17.1 shall withdraw
either eight (8) hours or the equivalent of their normal work shifts from their
holiday banks to cover their holidays off. If the employees have exhausted their
holiday leave banks, they may draw from their vacation or compensatory time
banks to cover holiday time off.
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However, if the holiday falls on a day the employee is regularly not scheduled to
work (normal day off), the employee will take the day off as scheduled. The
employee shall have full discretion as to whether to bank the holiday hours for
cash out or to reschedule the day off at another time. With management
approval, the employee may take the holiday off the day before or the day after
the holiday, or to take the holiday off at a later date in the above withdrawal
manner.
D. Holidays Worked
All employees who work, with management approval, on the holidays listed in
Section 17.1 shall be compensated at the overtime rate of one and one-half(1-
1/2) times the regular base pay for all hours worked. However, employees who
work Thanksgiving or Christmas shall be compensated at the rate of two (2)
times the regular base pay for all hours worked. There shall be no pyramiding of
overtime.
Full shift: Employees who, with management approval, work their full shift on
one of the holidays listed in Section 17.1 shall be compensated at the overtime
rate for all hours worked as specified above. They will not draw from their
holiday bank for the day worked.
All holiday hours not used will be banked for later use, with management
approval, or for cash out.
Partial shift: Employees who work, with management approval, part of their shift
on one of the holidays listed in Section 17.1 shall be compensated at the
overtime rate for all hours worked as specified above. They shall also draw from
their holiday leave bank any hours needed to make up the full shift. Hours not
drawn to cover holiday time off will be banked for later use, with management
approval, or for cash out.
Corrections Officers: Shifts which are eligible for overtime compensation for
hours worked are only those shifts which begin work within the twenty-four (24)
hour period considered to be holidays in Section 17.1. However, employees who
work swing or grave shifts on Christmas Eve shall also be compensated at the
rate of time and one-half(1-1/2). Additional time off at a later date shall not be
provided to employees who work Christmas Eve.
Corrections Officers: If the decision is made to go to minimum staffing on a
designated holiday, the least senior employee on the affected shift will be
required to take the holiday off if no other employee on that staff volunteers.
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E. It shall be understood between the parties that schedules shall not be adjusted in
order to avoid overtime compensation or to allow employees to pool hours in
their holiday bank. It is also understood that holiday hours may only be
withdrawn for purposes of receiving compensation for holidays on which the
employee does not work, including time taken pursuant to Section 17.2(C).
F. Cash Out
Holiday hours not used will be bought back by the City at the end of the year.
Employees who wish to receive pay for their unused holiday hours, payable at
the same time as the December 5th paycheck (on a separate check), will have
this option. Employees must submit their written requests to their department
director no later than November 15th of each year. It is the employees'
responsibility to ensure that they have adequate holiday leave in their banks to
cover the remaining holidays in the calendar year.
All holiday hours not cashed out on December 5th or used by December Wt will
be cashed out automatically by the City.
Section 17.3 — Holiday Compensation for Police Suoaort
A. Members of the bargaining unit in Police Support shall be entitled to a
combination of 88 hours of time off with pay and compensation in lieu of time off
during each year.
B. The City shall purchase four (4) holidays from members of the bargaining unit
each year which include Martin Luther King Day; Presidents' Day; Veterans Day;
and the individual floating holiday. The City will issue a holiday check to all
qualified members of the bargaining unit on or about December 5th of each year
for the holidays purchased. Members working less than a full calendar year will
receive such holiday compensation in a proportion equal to their employment
during the calendar year.
Those employees who wish to receive pay for their unused holidays, in addition
to the purchased holidays, will have the option of receiving this pay on an annual
basis, and such pay shall be included with the annual "holiday buyout" check.
Those employees who exercise this option shall submit their request, in writing,
to the Chief of Police no later than November 15th each year.
C. Bargaining unit employees who are required to work on one of the holidays listed
in Section 17.1 shall be compensated at the rate of 1-1/2 times the regular base
pay for all hours worked. However, employees who are required to work
Thanksgiving or Christmas shall be compensated at a rate of two (2) times their
base pay.
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D. Bargaining unit employees who are required to work on one of the non-
purchased holidays shall in addition to the provision of"C" above be entitled to
take the holiday off at a later date subject to approval of the Police
Administration.
E. Bargaining unit members who are required to work on one of the purchased
holidays (4 holidays) shall be entitled to only that compensation stated in "C"
above. Additional time off at a later date is not provided.
F. Bargaining unit members whose regularly scheduled day off falls on any of the
non-purchased holidays shall be entitled to the holiday(s) off at a later date
subject to the approval of Police Administration. However, employees whose
regularly scheduled day off falls on any of the purchased holidays (4 holidays)
shall not be entitled to a day(s) off a later date.
G. Shifts which are eligible for time and one-half as outline in this section are only
those shifts which begin work within the twenty-four (24) hour period considered
to be holidays in Section 17.1. However, employees required to work swing or
grave shifts on Christmas Eve shall also be compensated at the rate of time and
one-half. Additional time off at a later date shall not be provided to employees
required to work Christmas Eve.
ARTICLE 18 —ANNUAL LEAVE
Section 18.1 —Annual Leave Accrual
Regular full time bargaining unit members shall receive annual leave benefits in
accordance with the following schedule effective January 1, 1998:
COMPLETION OF: ANNUAL VACATION HOURS
1-4 years 96 hours
5-9 years 120 hours
10-12 years 144 hours
13-16 years 152 hours
17-19 years 168 hours
20-24 years 176 hours
25 years and thereafter 184 hours
Regular part-time bargaining unit members' annual leave accrual shall be pro-rated
based on the regular full time schedule in accordance with the percent of full time
compensated.
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Section 18.2 — Maximum Leave Accrual
Employees can maintain 240 hours of annual leave. Employees may exceed the 240
hour threshold during a calendar year, but shall be at or below this limit as of December
31 of each year. Compensatory and Holiday accumulation and use is considered
separate from annual leave accrual and use. The City will allow scheduling of annual
leave so as to maximize the opportunity for employees to utilize annual leave so they
may comply with the 240 hour accrual limit.
Section 18.3 —Scheduling Annual Leave
Annual leave shall be granted to the employees at the time of the employees' choosing
provided the departmental work schedule would not be adversely effected.
A. Non-Civil Service
Annual leave schedule conflicts over three (3) months in advance shall be
governed by seniority. If the same conflict over the same leave time occurs in a
following year, the less senior employee shall receive the leave. Annual leave
scheduling of less than three (3) months notice shall be on a first come basis.
B. Civil Service
If two or more employees request annual leave for the same dates, and it is not
feasible to allow those employees to take leave during the same period, then
preference shall be granted on the basis of seniority, provided the employees
submitted their requests between January 1 and January 31 of the affected year.
Requests submitted after January 31 will be recognized by date and not subject
to seniority. Requests submitted prior to January 1 will be superseded by those
requests which are submitted between January 1 and January 31.
Annual leave scheduling for personnel shall not be contingent upon leave
scheduling for personnel from other bargaining units.
ARTICLE 19— SICK LEAVE
Section 19.1 — Sick Leave Accrual
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.
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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 1040.
Section 19.2— Use of Sick Leave
Accumulated sick leave credits may be used for the following purposes only:
A. Illness or injury of an employee. This includes leave taken for treatment through
the Employee Assistance Program.
B. Illness or injury of a member of the employee's immediate family, as provided by
either State or Federal law.
C. Illness or injury of a member of the employee's immediate family, as defined in
Article 20 of this agreement, who permanently reside in the same household, and
where the employee's presence is considered necessary.
D. Death in family/funeral leave. Sick leave may be used to cover time away from
work as a result of a death in the employee's immediate family or to attend a
funeral, as set forth in Article 21 of this agreement. A maximum of ten (10) days
in excess of funeral leave may be allowed for death in the immediate family.
E. Medical or dental appointments for the employee or a member of the employee's
immediate family, as defined in Article 21, which cannot be scheduled at times
other than during working hours.
F. Disability of the employee due to pregnancy and/or childbirth.
Section 19.3 — Prompt Notification
Employees incapacitated by illness or injury shall notify their immediate supervisor
within one (1) hour of their scheduled starting time, barring extenuating circumstances.
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 19.4—Sick Leave Abuse
Abuse of sick leave shall be grounds for discipline. 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.
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Section 19.5— Conditions Not Covered
Employees shall not be eligible for sick leave when:
A. Suspended or on leave without pay and when laid off or on other non-pay status;
B. Off work on a holiday; or
C. While on vacation, unless the employee submits a doctor's certification of illness
or injury of the employee or an immediate family member. The certification must
state the full nature of the illness or injury.
Section 19.6 — Physician's Statement
Employees who are absent 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 section is not intended to
require physician's statements for all absences of four (4) days or more. A physician's
statement may also be required by a supervisor for absences less than four (4)
consecutive days where sick leave abuse is suspected and has been previously
discussed with the employee and the employee has received written documentation of
the discussion.
Section 19.7 —Wellness Program
The City agrees to maintain a wellness program to educate and encourage healthy
lifestyles among bargaining unit members and allow participation during normal working
hours where such participation does not adversely affect the operation of the
department.
Section 19.8—Sick Leave Incentive Program
In order to provide an incentive for using sick leave only as necessary, members of the
unit shall be entitled to incentive pay for maintaining their sick leave balance at the
following levels effective January 1, 1998:
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
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employee falls below one of the designated accrual levels they will not be eligible for the
corresponding incentive pay.
ARTICLE 20 —JURY DUTY AND COURT APPEARANCES
Section 20.1 —Jury Duty and Court Apuearancea
Leaves of absence will be granted to those who are compelled to attend court as a
result of their employment with the City (unless the employee is litigating with the City)
or being called to serve jury duty. Those employees who are subpoenaed as
independent witnesses for cases in which they are not a party in the action will also be
granted leave of absence. Eligible employees will be compensated by the City during
their period of service. Employees who are required to appear in court for personal
matters are not eligible under this article and must request annual leave or leave without
pay. Full time employees will receive full compensation while on approved leave for
their period of services. Part-time employees with benefits on approved leave will
receive compensation for hours they would have "normally" worked.
Upon receiving the sum paid for jury service, or witness fee, the employee shall submit
the warrant, or its equivalent to the City for City compensated court leave.
Compensation received for such service during hours normally worked must be
assigned to the City of Kent.
Section 20.2 —Job-Related Court Appearance
In the event that job-related court appearances are required, the City shall attempt,
wherever possible, to schedule such appearances during an employee's regular duty
shift, rather than on furlough days. The City will make every effort to notify employees
who are placed on a potential witness list.
Such appearances outside of the regular duty schedule shall be compensated for as
follows:
A. Shift Other than Grave
Employees will receive pay at the overtime rate for court appearance time
outside of regular duty hours, provided, however, each employee required to
report for court appearances shall receive a minimum of three (3) hours pay at
the overtime rate, for separate court appearances in accordance with Section C
below. Court appearances which are consecutively annexed to the beginning or
end of an employee's regular duty shift shall be treated as regular overtime.
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B. Grave Shift
Employees who are assigned to the "grave" shift will receive pay at the overtime
rate for court appearance time outside of regular duty hours, provided, however,
each employee required to report for court appearances following their regular
duty shift shall receive a minimum of four(4) hours pay at the overtime rate, for
separate court appearances in accordance with Section C below. Court
appearances which are consecutively annexed to the beginning or end of an
employee's regular duty shift shall be treated as regular overtime and shall not
be subject to the provisions of (A) and (B) above.
C. Pyramiding
Pyramiding of court appearances is prohibited. There will be a maximum of one
(1) minimum guarantee in the morning and one (1) minimum guarantee in the
afternoon. Continuance of a morning appearance into the afternoon shall not
constitute a separate court appearance.
D. Standby Time for Court Al2aearance
Employees who are required by the court or the City to "standby" for possible
court appearance, while off duty or on furiough days off, will receive one (1) hour
compensation at the regular time rate for each two (2) hours or portion of
assigned standby time. Standby time must be pre-authorized and logged by the
City and have a starting time and ending time.
ARTICLE 21 — BEREAVEMENT LEAVE
Section 21.1 — Use of Bereavement Leave
Members of the bargaining unit shall receive three (3) days bereavement pay for death
in the immediate family. For purposes of making necessary arrangements, etc. said
days are not required to be consecutive, but must be used within fourteen (14) calendar
days.
Section 21.2— Immediate Family
Immediate family shall be defined as spouse or significant other and shall include
employee's or spouse's parents, siblings, children (foster also), grandparents, and
grandchildren. Other members or non-members of the employee's family could be
considered immediate family as a result of special circumstances (example an 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 in order to receive
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bereavement leave for persons classified in this category. Such request must explain
the relationship of the person(s) involved, either as family or nonfamily members.
Section 21.3 — Use of Sick Leave to Supplement Eeroavement Leave
In the event that the time required for immediately 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 days to be granted.
Members of the bargaining unit may use up to one (1) day of sick leave for the time
needed to attend the funeral for death of aunts, uncles, nieces, nephews, cousins and
close friends.
If additional time is needed other available leave may be utilized (compensatory time or
vacation) subject to approval of the department director or Employee Services Director.
ARTICLE 22 — PENSION
Pension for employees and contributions to Public Employees' Retirement System
(PERS) will be governed by Washington State Statute, however this shall not limit
improvements to the retirement benefits by the City and/or the State of Washington.
ARTICLE 23 —WORKERS' COMPENSATION PROGRAM
Employees injured on-duty and who quality for workers' 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, life, and LTD 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 on the date when
the employee returns to active employment, or six (6) months from the on-set of the
disability, or on the date when long term disability benefits commence, whichever
occurs first.
ARTICLE 24— INSURANCE
Section 24.1 — MedicBuDental Plans
Coverage will be available for all regular full time and regular part-time employees and
their eligible dependents. The plan(s) offered are:
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1. Blue Cross, Enhanced P.P.O. (Prudent Buyer) Plan; and
2. Group Health Cooperative (HMO), includes co-pays and V.S.P. Vision
plan effective January 1, 1996.
However, the City reserves the right to change carriers based upon comparable benefits
and cost-effectiveness of such a change.
Section 24.2— Employee Contribution-MedicaUDental 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 medical/dental coverage unless otherwise
established pursuant to this agreement.
PLANS OFFERED Blue Cross
Prudent Buyer Group Health
Employee Only $0.00 $0.00
Employee/Spouse $15.00 $25.00
Employee/Child $10.00 $15.00
Employee/Spouse/Child $25.00 $65.00
Section 24.3 — Health Care Task Force
The parties agree that the Union's participation on the City's Health Care Task Force
has been mutually beneficial. The parties agree to meet and develop a letter of
understanding that describes the purpose of the Task Force and the parameters under
which the Task Force operates. Furthermore, the parties recognize that there must be
representation and participation by all Unions on the Task Force.
Section 24.4— Life Insurance
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. The amount of life insurance shall be equal to
one times the employee's annual base salary to a maximum of$50,000 and a minimum
of$25,000.
Section 24.5— 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 unless the employee chooses to self-pay the premium
through payroll deduction. Such decisions regarding premium payment may only be
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made annually during the open enrollment period. 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.
For employees who have not previously been covered by the above LTD plan, coverage
will become effective the first of the month following the signing of this contract.
ARTICLE 25 — EDUCATION SEMINARS AND CONFERENCES
Section 251 — Reimbursement for Training Seminars/Conferences
Employees will be granted reasonable amounts of time off and full financial
reimbursement for attending training programs/seminars/conferences whenever such
training is work related and attendance has prior approval of the City.
Employees who conduct authorized, official City business or participate in conferences
as official representatives of the City while outside the City shall be reimbursed for
authorized expenses and paid their regular wages for participation.
Section 25.2 — Special Licenses and Certificates
The employer shall pay the applicable fees for obtaining or renewing special licenses or
certificates, if such is required, or to be maintained as a condition of employment with
the City.
No employee shall suffer a loss due to time needed during the work day to obtain
special licenses or certificates, required as a condition of employment with the City of
Kent. However, employees shall not be compensated for time spent studying for such
licenses or certifications.
Section 25.3 — Education —General
The City recognizes the need to encourage and promote educational opportunities for
employees, subject to budgetary limitations. The City will reimburse personnel for costs
incurred in receiving approved education upon satisfactory completion of such
education. Eligible costs include:
1. Tuition and class registration;
2. Books; and
3. Associated fees (i.e., lab fees, parking fees, materials).
If an employee is attending an accredited State institution, the employee shall be
reimbursed based upon that institution's tuition schedule. If an employee is attending a
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non-State supported institution, the employee shall be reimbursed on the basis of the
University of Washington tuition schedule.
Section 25.4— Reimbursement Reauests
The employee must submit a written request to the Department Head. The request
should include:
1. Course list and content;
2. Reason for taking the course and its relatedness to Department business; and
3. Appropriate cost.
Once the education reimbursement request is approved by the Department Head, the
cost will be included in the budget, subject to budget mandates. Once approved by the
Department Head, the department will make a good faith effort to have the budget
approved by the Council. Interim changes shall be considered by the Department Head
and acted on only if budget is available.
Section 25.5—Class Attendance
Employees who wish to attend classes offered by schools, colleges, universities, or
other training organizations must do so during their off-hours. If the job related courses
are not offered during off-hours, an employee may be granted time off with pay while
attending such courses. In special cases, subject to departmental approval, an irregular
work schedule may be arranged in order for an employee to attend courses that are not
offered during off-hours. Hours spent by an employee while attending class or studying
for such class during off-hours will not be considered compensable hours.
Section 25.6 — Reimbursement for Training
If reimbursement is available through outside grant funds, or any other potential source,
then reimbursement shall be through that source. (G.I. benefits and student loans shall
not be considered outside funds for purposes of this section.)
Upon completion of approved training, the employee must prepare a request for
reimbursement itemizing actual expenses incurred and including a copy of the training
authorities' certificate of completion or grade report.
Paid receipts for training costs must accompany the request for reimbursement. The
City will reimburse the employee for only those costs that have been approved and for
which paid receipts are attached to the reimbursement request.
Employees requesting reimbursement must submit the request, with documentation,
within thirty (30) calendar days following successful completion of the approved
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course(s). Requests not received within thirty (30) days will not be considered for
reimbursement, unless good cause is shown.
ARTICLE 26 — LABOR MANAGEMENT COMMITTEE
The City and the Union agree that a need exists for closer cooperation between labor
and management, and that 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 not more than three authorized representatives of the
Union shall function as one-half of a Labor-Management Committee; the other half
being not more than three representatives of the City named for that purpose. Said
committee shall meet quarterly, or as agreed to by both parties for the purpose of
discussing and facilitating the resolution of 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. Meetings may be suspended by agreement of both
parties.
ARTICLE 27 — HEALTH AND SAFETY
Section 27.1 —Working Conditions
All work shall be done in a competent and professional manner, and in accordance with
State, Federal and City Safety Codes and with ordinances and rules relating to this
subject.
It shall not be considered a violation of this Agreement if any employee refuses to work
with unsafe equipment, or when the facilities and services are not being maintained in a
reasonably sanitary condition. If an employee has justifiable reason to believe that
his/her safety and health are in danger due to an alleged unsafe working condition, or
alleged unsafe equipment, he/she shall inform his/her manager who shall have the
responsibility to determine what action, if any, should be taken, including whether or not
the job should be shut down.
A grievance involving an alleged violation of this Article may be submitted directly to
Step 2 of the grievance procedure and a grievance hearing shall be promptly
scheduled.
Section 27.2 — Uniforms and Safety Gear
The City shall provide uniforms for those employees who are required to wear them as
part of their employment as follows:
Public Education Specialists: Purchase two (2) pair slacks, three (3) uniform
shirts and one (1) skirt (altered as necessary)
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Fire Mechanics: Purchase five (5) uniforms and lease eleven (11) coveralls, Fire
Department approved costs as needed
Building/Grounds Mtc Worker/Supervisor, Custodians, Custodial Supervisor,
Printing Technician, and Public Service Aide: Rent and launder eleven
(11) shirts, eleven (11) pants, three (3)jackets.
Purchased uniforms shall be laundered by the employee at his/her expense. In
addition, any excessive damage to purchased uniforms will be repaired or replaced at
the City's expense.
Employees in positions that require wearing W.I.S.H.A. approved safety boots will be
reimbursed for two (2) pairs per year up to a maximum for each pair of:
1998 - $150.00 + tax;
1999 - $160.00 + tax; and
2000 - $170.00 + tax.
The City will provide the following safety and foul weather gear for those positions
requiring such gear pursuant to City, State or Federal standards:
Hard Hats
Rubber Boots
Rain Gear
Safety Glasses
Reflective Vests
Hearing Protection
In addition to the outlined equipment set forth above, the City agrees to provide at City's
expense the minimum safety equipment required under W.I.S.H.A. for affected
employees.
The City shall provide an annual replacement clothing allowance for uniforms for
employees in Records Specialist, Records Supervisor, and Data Entry Specialist
positions, as follows:
1998 - $250.00;
1999 - $300.00, based on a receipt and reimbursement method; and
2000 - $350.00, based on a receipt and reimbursement method.
New employees will be provided a $350.00 start-up uniform allowance. The
maintenance, alteration and cleaning of such uniforms shall be the responsibility of the
employee.
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Section 27.3— Personal Tools
Mechanics in the Fire Department are required to provide their own tools. The City shall
replace any lost, stolen, worn-out, or damaged tools.
Section 27.4— Miscellaneous Provisions
The City shall pay the auto insurance deductible, if any, incurred by an employee who is
involved in an automobile accident while driving his/her personal automobile on City
business, where such accident is not the fault of the employee and the employee is not
cited.
ARTICLE 28— NON-DISCRIMINATION
The City and the Union agree not to discriminate against any employee for exercising
his or her legal rights to organize and bargain collectively under the Public Employees
Collective Bargaining Act (R.C.W. Chapter 41.56). The City and the Union further agree
that there shall be no discrimination against any employee because of membership or
non-membership in the Union, or other employee organization, gender, race, color,
creed, religion, age, national origin, sexual orientation, marital status, physical, mental
or sensory disability or imperfection, provided that it does not interfere with bona fide
occupational qualifications. Furthermore, it is mutually agreed that there shall be no
discrimination based on applicable State or Federal laws.
It is mutually agreed that there shall be no sexual harassment. Employees who feel
they have been discriminated against or sexually harassed shall be encouraged to use
the grievance procedure set forth under this Agreement, as well as, appropriate City
policy 2.1.3.
ARTICLE 29 — MILITARY LEAVE
Any employee who is a member of the Washington National Guard or of any Federal
Military Reserve unit shall be granted paid military leave of absence from his or her
duties with the City for a period of time not to exceed a cumulative of fifteen (15)
working days during each calendar year while engaging in the performance of officially
ordered active training duty and while going to or returning from such duty. Employees
may also request time off for other related officially ordered military duty.
Paid military leave of absence days shall be determined on the basis of the number of
working days the employee is absent from work. Employees working a non-traditional
schedule shall continue such schedule during the period of leave. Military leave shall
be in addition to any vacation or compensatory time to which the employee might
otherwise be entitled, and shall not involve any foss of efficiency rating, privileges, pay,
or seniority.
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During the period of military leave, the employee shall be compensated, for each day of
leave granted, an amount not to exceed the equivalent compensation earned by that
employee over their work period.
Employees who are required to participate in training programs or active duty must
submit a copy of his/her military orders attached to a Leave Request form to the
Employee Services office, via his/her supervisor. The notification must be submitted at
least two (2) weeks prior to his/her reporting date, unless not reasonably practical.
ARTICLE 30— PRIORITY OF STATE AND CITY LAWS/SAVINGS CLAUSE
It is understood and agreed by and between the parties that in negotiations and
collective bargaining and in the administration of all matters covered by this Agreement,
the parties hereto and the City employees are governed by the provisions of applicable
Federal laws, State laws, and City Ordinances. If there is a conflict between any
provision of this Agreement and Federal and State law, the appropriate law shall prevail.
If any article of the Agreement or any addendum hereto should be held invalid by
operation of law, including any amendment to the Fair Labor Standards Act (F.L.S.A.),
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 the Agreement and
addendum shall not be affected thereby and the parties shall enter immediate collective
bargaining negotiations for the purpose of arriving at a mutually satisfactory
replacement of such article.
ARTICLE 31 —SMOKE FREE WORKPLACE
The Union agrees that in order to create a healthy work environment, to protect the
public and to reduce overall risks, the City has established a No Smoking Policy.
ARTICLE 32 —ALCOHOL OR DRUGS IN THE WORKPLACE
Section 32.1 — Drug Free Workplace
The City and Union agree that the City of Kent shall be a drug free work place (including
work sites outside the City limits). The use of alcohol and/or illegal drugs during
working hours, or reporting for work under the influence of either is strictly prohibited
and grounds for disciplinary action.
It is expected that an employee will seek appropriate medical help for alcoholism, and/or
chemical dependency through the Employee Assistance Program.
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Section 32.2— Drug and Alcohol Testing
All members of the bargaining unit shall comply with City Policy#2.25 — Substance
Abuse, subject to the provisions of this Collective Bargaining Agreement and specifically
the provisions of this Article. Random testing, however, shall only apply to those
employees required to carry a commercial driver's license (CDL) as a condition of
employment.
Section 32.3 — Informing Employees About Drug and Alcohol Testing
All employees shall be fully informed of this drug and alcohol testing policy. Employees
will be provided with information concerning the impact of the use of alcohol and drugs
on job performance. In addition, the City shall inform the employees on how the tests
are conducted, what the tests can determine and the consequence of testing positive for
drug use. No employee shall be tested before this information is provided to him/her.
Employees who voluntarily come forward and ask for assistance to deal with a drug or
alcohol problem shall not be disciplined by the City.
The City encourages employees to seek treatment for drug and alcohol abuse
voluntarily. To encourage employees to do so, the City makes available the Employee
Assistance Program (E.A.P.). Any employee who notifies the City of alcohol or
chemical abuse problems will be given assistance offered to employees with any other
illness. As with other illnesses, the City may grant sick leave, vacation leave or leaves
of absence without pay for treatment and rehabilitation of drug and alcohol abuse.
Any decision to voluntarily seek help through the Employee Assistance Program, or
privately, will not interfere with an employee's continued employment or eligibility for
promotional opportunities. Information regarding an employee's participation in the
Employee Assistance Program will be maintained in confidence.
Section 32.4— Employee Testing
Unless otherwise required by federal law, employees shall not be subject to random
urine testing or blood testing or other similar or related tests for the purpose of
discovering possible drug or alcohol abuse. If the City has reasonable suspicion to
believe an employee's work performance is impaired due to drug or alcohol use, the
City may require the employee to undergo a drug and/or alcohol test consistent with the
conditions set forth in this article.
Reasonable suspicion for the purposes of this article is defined as follows: the City's
determination that reasonable suspicion exists shall be based on specific articulated
observations concerning the appearance, behavior, speech or body odors of an
employee and shall include, as a minimum, a written report documenting objective,
measurable changes in the employee's work performance due to unauthorized drug or
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alcohol use by two (2) observers who have adequate opportunity to observe these
changes.
Section 32.5—Alcohol Testing
A breathalyzer or similar equipment shall be used to screen for alcohol use, and if
positive, shall be confirmed by a blood alcohol test performed by a qualified laboratory.
This screening test shall be performed by an individual properly qualified to perform the
tests utilizing appropriate equipment. An initial positive alcohol level shall be 0.04
grams per 210 L. of breath. If initial testing results are negative (below 0.04 grams per
210 L. of breath), testing shall be discontinued, all samples destroyed and records of
the testing expunged from the employee's files. Only specimens identified as positive
on the initial test shall be confirmed using a blood alcohol level. A positive blood alcohol
level shall be 0.04 grams per 100 ml of blood. If confirmatory testing results are
negative (below 0.04 grams per 100 ml of blood), all samples shall be destroyed and
records of testing expunged from the employee's files.
Section 32.6 —Testing Program Costs
The City shall pay for all costs involving City required drug and alcohol testing as well as
the expenses associated with the Medical Review Physician. The City shall also
reimburse each employee for their time and expenses including travel incurred involving
the testing procedure only.
Section 32.7— Rehabilitation Program
Any employee who tests positive shall be medically evaluated, counseled and treated
for rehabilitation as recommended by the E.A.P. counselor. In the event the employee
disagrees with the treatment recommended by the E.A.P. counselor, the employee may
choose to obtain a second opinion from a qualified physician of his/her choice.
Employees who complete a rehabilitation program may be re-tested for one (1) year
following completion of a rehabilitation program.
An employee may voluntarily enter rehabilitation without a requirement or prior testing.
Employees who enter the program on their own shall not be subject by the City to
random re-testing. Employees will be allowed to use their accrued and earned leave for
the necessary time off involved in the rehabilitation program.
If an employee tests positive during the one (1) year period following completion of
rehabilitation, the employee will be re-evaluated by an E.A.P. counselor to determine if
the employee requires additional counseling and/or treatment. The employee may be
solely responsible for any costs, not covered by medical benefits/insurance, which arise
from this additional counseling or treatment.
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Section 32.8— Duty Assignment After Treatment
If the duty assignment for an employee is modified or changed as a result of a
rehabilitation program, then after an employee successfully completes his/her
rehabilitation program, the employee shall be returned to the regular duty assignment
held prior to the rehabilitation program. Once treatment and follow-up care is
completed, and one (1) year has passed with no further violations of this article, the
employee's personnel and medical files shall be purged of any reference to his/her drug
problem or alcohol problem.
Section 32.9 — Right of Appeal
The employee has the right to challenge the result of the drug or alcohol test and any
discipline imposed in the same manner that he/she may grieve any other City action.
Section 32.10 — Union Held Harmless
This drug and alcohol testing program was initiated at the request of the City. The City
assumes the sole responsibility for the administration of this Article and shall be solely
liable for any legal obligations and costs arising out of the provisions and/or application
of this collective bargaining agreement relating to drug and alcohol testing. The Union
shall be held harmless for the violation of any worker rights arising from the
administration of the drug and alcohol testing program.
ARTICLE 33 —JOB ROTATION
Temporary vacancies which occur and are determined by the City to be appropriate for
job rotation, shall be posted for all Bargaining Unit employees. The employee(s) filling
the job rotation position shall be compensated at the level of pay for that position
commencing immediately. The employee selected for job rotation shall be notified of
the start date and termination date of such rotation.
ARTICLE 34—VOLUNTEERS
The City and the Union agree that volunteer programs can be mutually beneficial to the
City, employees and citizens of Kent. The parties recognize that volunteer programs
provide a sense of community involvement and require a commitment of time and
service on behalf of the volunteer. To that end, the City is committed to working in
partnership with the Union to build successful volunteer programs.
The use of volunteers will not supplant bargaining unit positions. No bargaining unit
member shall be laid off as a result of volunteer programs. The use of volunteers shall
not result in a loss of overtime opportunities for bargaining unit members.
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Successful volunteer programs require leadership and coordination with employees.
Any such opportunities may be made available to the bargaining unit employee(s) so
affected. In addition, said bargaining unit member shall receive appropriate
compensation for performing these duties.
The City and the Union will meet in a labor-management forum and come to mutual
agreement prior to implementing any new volunteer programs.
ARTICLE 35 — CIVIL SERVICE SHIFT BIDDING
Section 35.1 — Police Support Shift Bidding
A. Work assignments for Records Specialists, Data Entry Specialists and Record
Supervisors shall be determined by a bid system based on seniority in those
positions with the Kent Police Department. Except that, in the case of an
employee who had a reduction in rank or class, the employee's seniority shall
include time spent in the higher rank(s) or class(es). Work assignment, as it
relates to the bid process, means a specific set of work days and work hours.
(Example: Work Assignment No. 1 = Monday, Tuesday, Wednesday and
Thursday from 0700 to 1700 hours.) The City has the sole discretion to
determine the days and hours of work assignments as they pertain to the bid
process.
B. The parties mutually agree to continue the four-month bid cycle. Those
assignments shall commence the first Sunday in September, January and May.
C. During their probationary period, Records Supervisors, Records Specialists and
Data Entry Specialists may be placed in work assignments based on training
needs. Every third bid cycle, priority for work assignment preference shall be
reversed so that the least senior personnel shall receive priority for work
assignment preference.
D. The bid processes for each cycle shall occur according to the following schedule:
Bids for the cycle shall begin with Records Supervisors bidding two (2) weeks
prior to the Records Specialists and Data Entry Specialists. The Records
Specialists and Data Entry Specialists will bid between the second and third
Wednesdays two (2) months preceding the cycle. The schedule based on the
outcome of the bidding process will be posted within one month.
Individuals unable to report for work by the start of a new cycle will not participate
in the bidding process for that cycle and shall be assigned by the City to a work
assignment for that specific cycle.
E. No early or late work assignment preference bids shall be accepted.
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F. The Employer reserves the right to bar individuals from bidding where required
by business necessity.
G. The City's management rights under this Bargaining Agreement remain in full
force and effect.
Section 35.2—Corroctions Position Bidding
The parties agree to a trial period for the new position bid concept. This trial period will
commence with the May 1999 rotation. The schedules that will be used are numbers 1,
2 and 3 of existing position bid concept. The parties agree to meet in September 1999
to determine whether amendments to this section are required. At the request of either
party, the position bid concept may be abolished after the one year trial period at which
time the parties agree to meet in labor-management and re-draft of this section to reflect
the previous practice in place at the time of signing of this agreement.
Subsection 35.2.1 - Shift Assignments
A. Shift assignments for Corrections Officers and Corrections Sergeants shall be
determined by a bid system based on tenure in t hose positions with the City of
Kent Corrections Facility.
B. Corrections Officers tenure shall be determined from the date of hire with the City
of Kent Corrections Facility. Tenure for Sergeants shall be determined by the
time in grade as a regularly appointed Sergeant at the City of Kent Corrections
Facility. During the initial probationary period of employment, Corrections
Officers are not eligible to bid for shift/days off assignments.
C. Bids and assignments shall be made every four (4) months. The cycle for
bids/assignments shall be implemented on the first Sunday of January, effective
with the commencement of the day shift, the first Sunday in May, effecting with
the commencement of day shift, and the first Sunday in September, with the
commencement of day shift. All assignments shall remain in effect until the next
bid cycle unless it is determined by the City that the Corrections Officer or
Sergeant will be reassigned to a non-bid assignment during that period of time.
D. For Corrections Officers and Corrections SeMants. The first and second bid
process shall give priority to the most senior personnel for shift/days off
preference. The third process shall result in a reversal of selection, giving first
choice in shift/days off preference to least senior personnel.
E. The bid process shall occur as scheduled. Individuals unable to participate in a
bidding process shall be assigned by the City to a shift for that specific cycle.
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F. The City shall determine who is eligible to bid, however, ineligibility will be
documented in writing and provided to the affected Corrections Officer or
Sergeant.
G. The City may be required to limit the number of positions available for bid to
ensure that a male and female officer are scheduled for each of the 21 shifts.
H. The City's management rights under this Bargaining Agreement remain in full
force and effect.
Subsection 35.2.2 - Bid/Assignment Process
The following provisions shall control the process of bidding and assignment in
accordance with the above guidelines:
A. Shift/days off preference shall be selected by the affected employee during the
established bidding period.
B. No early or late shift preference bids shall be accepted.
C. Vacant positions that occur after the bid deadline shall be filled by Corrections
Officers or Sergeants, as applicable. Those assignments shall continue until the
next cycle.
D. Assignments of all individuals shall be determined by the City.
E. The position schedule that will be used will be posted in the Administration office.
The affected employee will report to the Administration Office to make their
selection. Once the selection is chosen, there will be no changing of their
selection.
F. Employees will be able to bid for positions that may include two of their previous
days off.
Sub-section 35.2.3— Corrections Bid Cycle
Corrections Officers work four (4) months with assigned shift and days off.
1. First Cycle— Schedule commences on the first Sunday in January with day shift
and position bidding commences as follows:
September 1 —7 Sgt.'s position bid is open
September 10 —25 CO's position bid is open
September 30 Final schedule is posted
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2. Second Cycle— Commences on the first Sunday in May with day shift and
position bidding commences as follows:
February 1 —7 Sgt's position bid open
February 10 —25 CO's position bid is open
February 28 Final schedule posted
3. Third Cycle — Commences on the first Sunday in September with day shift and
position bidding commences as follows:
June 1 —7 Sgt.'s position bid open
June 10 — 25 CO's position bid is open
June 30 Final schedule posted
ARTICLE 36 — ENTIRE AGREEMENT
The agreement expressed herein in writing constitutes the entire Agreement between
the parties and no oral statements shall add to or supersede any of its provisions.
The parties agree that this Agreement is their complete Agreement and that all
agreements between the parties are merged into this Agreement. No issues negotiated
by this Agreement are subject to mandatory negotiation during the term of this
Agreement, but they may be modified by mutual agreement in writing.
This agreement constitutes the negotiated agreement between the City and the Union
and supersedes any previous agreements or undertakings, whether oral or written,
between the parties or between the City and included employees.
ARTICLE 36 — DURATION
This Agreement shall become effective on January 1, 1998 and shall remain in full force
and effect through December 31, 2000.
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SIGNATURES
Signed this day of 1998, at Kent, Washington.
CITY OF KENT WASHINGTON STATE COUNCIL OF
COUNTY AND CITY EMPLOYEES
UNION, LOCAL#2617
BY
Jifffy4hite 9 ��
mayor BY ��''l
Rob M. Sprag e
Staff Representative
BY
Sue oeth
Employee Services Director BY `7 �
6Pfirrini-y-I&Clueen4
President
Approved as to form:
B - �
illian Hemande
BY
Vice President
Roger Lubovich
City Attorney
B�-�G q
Debra Leroy
Attest by: Vice President
City lerk
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APPENDIX A
SCHEDULE "Ar'
EMPLOYEE
CLASSIFICATION PAY RANGE
Field Auditor AF 34
Financial Services Supervisor AF 30
Sr. Financial Analyst AF 34
Financial Analyst AF 30
Sr. Accounting Technician AF 27
Accounting Technician AF 25
Customer Services Representative AF 22
Accounting Services Asst III AF 22 (Police Accounting Assistants)
Accounting Services Asst II AF 18
Accounting Services Asst I AF 14
Customer Services Courier AF 15
Administrative Services Supervisor AF 30
Administrative Assistant II AF 27
Permit/Bond Specialist AF 25
Administrative Assistant I AF 23 (Police Administrative Assistants)
Administrative Secretary II AF 23
Administrative Secretary I AF 20
Legal Secretary I AF 20
Police Office Technician AF 21
Office Technician III AF 20
Office Technician II AF 16
Office Technician I AF 12
Deputy City Clerk AF 25
Word Processing/Record Specialist AF 21
Production Coordinator AF 23
Video Technician AF 22
Graphics Arts Specialist AF 20
Printing Technician AF 20
Public Service Aide AF 7
Pagel
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Assistant Building Official AF 39
Plans Examiner AF 37
Combination Building Inspector AF 32
Code Enforcement Officer AF 32
Development Permit Technician AF 27
Public Education Specialist AF 27
Emergency Management Specialist AF 25
Support Services Specialist AF 24
Community Services Specialist AF 21
Property Analyst AF 32
Property Management Technician AF 27
Building & Grounds Maint Supervisor AF 35
Building & Grounds Maint Worker 2 AF 20
Fire Equipment Maint Supervisor AF 37
Fire Apparatus Mechanic AF 33
Custodial Supervisor AF 29
Custodial Lead AF 20
Custodian AF 12
Research & Development Analyst AF 30
Police Word Processing Technician AF 17
Police Data Entry Specialist AF 17
Lead Evidence Technician AF 29
Evidence Custodian AF 23
• For incumbents in positions that have been identified for downgrade, the City will
grandfather their salaries at the 1997 contract salary range. They will continue to
be eligible for COLA's and step increases. When the positions are refilled or
employees are promoted, they will be filled or promoted at the new salary levels.
• For incumbents in positions that have been identified for pay increases, they will
be moved to the new salary range at their current step effective January 1, 1998.
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APPENDIX B
SCHEDULE "B"
(3.3% Cola) (2.5%)
Employee Classification 1/1/98 1/1/98
Corrections Officer
C.O. Probationer $2,608 $2,673
C.O. Step 4 $2,748 $2,817
C.O. Step 3 $2,884 $2,956
C.O. Step 2 $3,034 $3,110
C.O. Step 1 $3,186 $3,266
Corrections Sergeant $3,568 $3,657
Police Records Specialist
Probationer $2,480 $2,542
Step 4 $2,606 $2,671
Step 3 $2,738 $2,806
Step 2 $2,879 $2,951
Step 1 $3,029 $3,105
Police Specialist Supervisor $3,330 $3,413
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APPENDIX C
POLICE DEPARTMENT INTERNAL INVESTIGATIVE PROCEDURES
The City retains the right to adopt rules for the operation of the Kent Police Department
and the conduct of its employees provided that such rules do not conflict with City
Ordinances, City and State Civil Service rules and regulations as they exist or any
provision of this Agreement. It is agreed that the City has the right to discipline,
suspend, or discharge any employees for just cause.
Section 1 - Employee Rights
In an effort to ensure that internal investigations made by an officer as designated by
the Chief of Police of the Kent Police Department, are conducted in a manner which is
conducive to good order and discipline, the employees shall be entitled to the following
protection:
A. Every employee who becomes the subject of an internal investigation shall be
advised in writing at the time of the interview that they are suspected of:
1. Committing a criminal offense;
2. Misconduct that would be grounds for termination, suspension, or other
disciplinary action; or
3. Not being qualified for continued employment with the Kent Police
Department.
B. Any employee who becomes the subject of a criminal investigation shall have all
rights accorded by the state and federal constitutions and Washington law.
C. The employee under investigation must, at the time of an interview, be informed
of the name of the officer in charge of the investigation and the name of the
officer who will be conducting the interview.
D. Twenty-four (24) hours before any interview commences, the employee shall be
informed, in writing, of the nature of the investigation, and whether the employee
is considered a witness or suspect at that stage of the investigation, including the
information: Who is the complainant or the victim, what reportedly took place,
when it happened, where it happened.
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E. The interview of an employee shall be at a reasonable hour, preferably when the
employee is on duty, unless the exigency of the interview dictates otherwise.
Whenever practical, interviews shall be scheduled during the normal workday of
the City.
F. At the cost of the requesting party and in accordance with Washington State
Law, R.C.W. 9.73, the employee or City may request that an investigative
interview be recorded, either mechanically or by a stenographer. There can be
no "off-the-record" questions. Upon request, the employee under an
investigation shall be provided an exact copy of any written statement the
employee has signed, or at the employee's expense a verbatim transcript of the
interview.
G. Interviewing shall be completed within a reasonable time and shall be done
under circumstances devoid of improper intimidation or coercion. Twenty-four
(24) hours prior to all investigative interviews, the employee shall be afforded an
opportunity and facilities to contact and consult with his or her Union
representative, and to be represented by the Union representative to the extent
permitted by law. The employee shall be entitled to such reasonable
intermissions as the employee shall request for personal necessities, meals,
telephone calls, consultation with his/her representative, and rest periods.
H. No employee shall be required to submit to a polygraph test or to answer
questions for which the employee might otherwise properly invoke the protection
of constitutional amendment against self-incrimination. Nor shall the employee
be dismissed for or shall any other penalty be imposed upon the employee solely
for a failure to submit to a polygraph test, or to answer questions for which the
employee might otherwise invoke the protection of any constitutional amendment
against self-incrimination and provided further, that this provision shall not apply
to either the initial application for employment, or to persons in the field of public
law enforcement who are seeking promotion.
I. Should any section, subsection, paragraph, sentence, clause or phrase in this
article be declared unconstitutional or invalid, for any reason, such decision shall
not affect the validity of the remaining portions of this article.
The Union recognizes the Administration's effort to improve procedures involving
complaints against its members. Upon request of either the Union or Police
Administration, an annual review meeting of the procedures will be held to ensure they
are accomplishing their goals.
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Section 2 - PsycholIggical Evaluations
The purpose of this Section is to balance the interest of the Employer in obtaining a
psychological evaluation of an employee to determine the employee's fitness for duty
and the interest of the employee in having those examinations being conducted.
1. In the least intrusive manner as possible, and
2. In a manner as to protect the employee's right to privacy.
A. Conditions Under Which Evaluations Will Take Place
1. No evaluation will take place without there being a reasonable suspicion to
believe that an employee is psychologically unfit to perform the job. If the
Employer has facts which provide reasonable suspicion that an employee
may be psychologically unfit for duty, the Employer will bring those facts to
the attention of a doctor chosen by it from a list of doctors previously
agreed to by the Employer and the Union. (In the event the City and the
Union do not reach agreement on an appropriate list, the City may select a
doctor of its choosing.)
2. Any relevant medical history of the employee which the examining doctor
requests shall be released by the employee to the examining doctor.
B. Results of the Evaluation
The doctor will issue a written report to the Employer and the employee. The
only information which the doctor may disclose shall be whether the employee is
fit or unfit for duty or requires modified work conditions, and the prognosis for
recovery. Additionally, where the cause of the unfitness is duty-related, the
doctor shall disclose that cause. If the doctor believes the employee is fit for duty
but needs modified work conditions, the doctor will indicate what modifications
are necessary and the extent or duration projected of the modification. The
doctor will keep all data that has been made available to him or her confidential
and not release it to any of the parties except the employee. Modified work
conditions may include light duty assignments.
C. Definition
As used in this section, "doctor" refers to a psychologist or psychiatrist.
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