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HomeMy WebLinkAboutHR1997-0108 - Original - Driver Salesmen and Warehousemen's Union Local #117 - 1997-1999 Labor Agreement - 01/01/1997 CITY OF KENT and DRIVER SALESMEN AND WAREHOUSEMEN'S UNION LOCAL #117 JANUARY 1, 1997 - DECEMBER 31, 1999 (p:\union\teamster\tm97con.wpf revised 7/22/97) INDEX Page No. PREAMBLE I ARTICLE 1 RECOGNITION AND BARGAINING UNIT 1 Section 1.1 Union Recognition 1 Section 1.2 Excluded Employees 1 Section 1.3 Dispute Resolution 1 ARTICLE 2 UNION MEMBERSHIP AND DUES DEDUCTION 2 Section 2.1 Mandatory Options - Union Membership 2 Section 2.2 Dues Deduction 2 Section 2.3 List of Employees Furnished by Union 2 Section 2.4 Union Refund to Employer 2 ARTICLE 3 SENIORITY 3 Section 3.1 Definition 3 Section 3.2 Seniority Cancellation 3 Section 3.3 Order of Layoff 3 Section 3.4 Transfer to Different Position 3 Section 3.5 Transfer of Seniority 4 Section 3.6 Return to Work 4 ARTICLE 4 HOURS OF WORK 4 Section 4.1 Normal Workweek 4 Section 4.2 Alternative Work Schedules 4 Section 4.3 Overtime 4 Section 4.4 Compensatory Time 5 Section 4.5 Schedule Changes - Notice 5 Section 4.6 Lunch and Rest Periods 5 Section 4.7 Call Back 5 Section 4.8 Phone Calls/Work at Home 6 Section 4.9 Mandatory Standby Duty 6 Section 4.10 Shift Differential 6 Section 4.11 Regular Starting/Quitting Time 6 ARTICLE 5 UNION ACTIVITIES 7 Section 5.1 Business Representatives of the Union 7 Section 5.2 Employee Upholding Union Principles/ 7 Performing Duties ARTICLE 6 LABOR - MANAGEMENT COMMITTEE 7 ARTICLE 7 GRIEVANCE PROCEDURE 7 Section 7.1 Grievance or Dispute Over Provisions of Agreement 7 (p:lunioniteamster\tm97con.wpf revised 7/22/97) Section 7.2 Disciplinary Action by the Employer 9 Section 7.3 Meetings Relative to Discipline 9 ARTICLE 8 WORK STOPPAGES AND EMPLOYER PROTECTION 9 Section 8.1 Work Stoppages - Defined 9 Section 8.2 Back to Work Order 9 Section 8.3 Disciplinary Measures by Employer 9 ARTICLE 9 BULLETIN BOARDS 10 ARTICLE 10 SAFETY AND SANITATION 10 Section 10.1 Compliance with Safety Codes 10 Section 10.2 Unsafe Work Conditions 10 Section 10.3 Chemical Applicators Premium 10 Section 10.4 Safety Compliance 10 Section 10.5 Immunizations 10 ARTICLE 11 MANAGEMENT RIGHTS 11 ARTICLE 12 PAY PERIOD 11 ARTICLE 13 WAGES, CLASSIFICATIONS AND MINIMUM RATES OF PAY 11 Section 13.1 Salary Plan- Adoption 11 Section 13.2 Minimum Rates of Pay 11 Section 13.3 Longevity 11 Section 13.4 Reclassification 12 Section 13.5 Job Openings 12 ARTICLE 14 HOLIDAYS 12 Section 14.1 Observed Dates 12 Section 14.2 Overtime Worked on Holidays 13 ARTICLE 15 HEALTH CARE AND LIFE INSURANCE 13 Section 15.1 Medical/Dental Coverage 13 Section 15.2 Employee Contribution-Dependent Coverage 13 Section 15.3 Life Insurance Coverage 13 Section 15.4 Long-Term Disability Insurance (LTD) 14 Section 15.5 Health Care Task Force 14 ARTICLE 16 PENSION 14 ARTICLE 17 WORKERS COMPENSATION PROGRAM 14 ARTICLE 18 VOLUNTEER PROGRAMS 14 ARTICLE 19 EQUAL EMPLOYMENT OPPORTUNITY - 15 NONDISCRIMINATION (pAunioniteamster\tm97con.wpf revised 7/22/97) ARTICLE 20 SICK LEAVE 15 Section 20.1 Accrual Rate 15 Section 20.2 Sick Leave Incentive Program 16 Section 20.3 Physician's Statement 16 Section 20.4 Sick Leave Uses 16 Section 20.5 Prompt Notification 16 Section 20.6 Sick Leave Abuse 16 Section 20.7 Conditions Not Covered 17 ARTICLE 21 JURY DUTY 17 ARTICLE 22 BEREAVEMENT LEAVE 17 Section 22.1 Use of Bereavement Leave 17 Section 22.2 Immediate Family 17 Section 22.3 Use of Sick Leave to Supplement Bereavement Leave 17 Section 22.4 Request and Approval 18 ARTICLE 23 VACATIONS 18 Section 23.1 Accrual Rate 18 Section 23.2 Scheduling 18 Section 23.3 Maximum Accumulation 18 ARTICLE 24 EMERGENCY CONDITIONS 19 ARTICLE 25 MILITARY LEAVE 19 ARTICLE 26 SEVERANCE PAY 19 ARTICLE 27 STANDARD DRESS, TOOLS AND LICENSES 19 Section 27.1 Uniform Allowance 19 Section 27.2 Tools & Equipment Allowance 20 Section 27.3 License/Certification Requirements 20 ARTICLE 28 SUBSTANCE ABUSE TESTING 20 ARTICLE 29 SAVINGS CLAUSE 20 ARTICLE 30 ENTIRE AGREEMENT 20 ARTICLE 31 SUBORDINATION OF AGREEMENT 20 ARTICLE 32 TERM OF AGREEMENT 21 APPENDIX "A" WAGES 22 APPENDIX "B" BARGAINING UNIT CLASSIFICATION SCHEDULE 23 (pAunionAeamster\tm97con.wpf revised 7/22/97) APPENDIX "C" TEN-MONTH MAINTENANCE EMPLOYEE 24 (p:\union\teamster\tm97con.wpf revised 7/22/97) PREAMBLE This Agreement is between the City of Kent (hereinafter called the City), and the Teamster's Local#117 (hereinafter called the Union) for the purpose of setting forth a mutual understanding of the parties as to conditions of employment for those employees for whom the City recognizes the Union as the collective bargaining representative. Furthermore, the City and the Union agree that the efficient and uninterrupted performance of municipal functions is a primary purpose of this Agreement, as well as the establishment of fair and reasonable compensation and working conditions for employees of the City. This Agreement has been reached through the process of collective bargaining with the objective of fostering effective cooperation between the City and its employees. Therefore, this Agreement and the procedures which it establishes for the resolution of differences is intended to contribute to the continuation of good employee relations and to be in all respects in the public interest. ARTICLE 1 - RECOGNITION AND BARGAINING UNIT Section 1 1 Union Recognition The City hereby recognizes the Union as the exclusive bargaining representative for all regular full-time, regular part-time, and ten-month employees who work for the City of Kent in the following department/divisions: public works operations,parks maintenance, golf maintenance, facility maintenance and finance customer service, and whose positions are allocated to classifications listed on Appendix "B". In addition, the City recognizes the Union as the exclusive bargaining representative for all temporary employees hired to perform Union work who are scheduled to work one-sixth (1/6) of full-time, or 347 hours, in a calendar year. Temporary employees hired into the 4-month or 8 month categories shall be recognized as bargaining unit members. Such temporary employees shall be provided the opportunity to apply for bargaining unit job opportunities. Temporary employees shall not be afforded access to the grievance procedure until such time as they have served the equivalent of six months of full-time service. Section 1.2 Excluded Employees The following employees shall be excluded from the bargaining unit: A. Employees hired to work less than one sixth (1/6th) of full-time, or less than 347 hours, in a calendar year shall be excluded from the bargaining unit. B. Employees who are employed by the City under Federal, State, County or other employment programs which provides funding for such employees. Section 1.3 Dispute Resolution Any dispute arising in the future as to the inclusion or exclusion of a position from the bargaining unit will be presented to the Public Employment Relations Commission(PERC) for determination. (pAunion\teamster\tm97con.wpf revised 7/22/97) 1 ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION Section 2.1 Mandatory Options - Union Membership All employees of the City covered by this Agreement who are members of the Union on or after the effective date of this Agreement shall remain in good standing of the Union. Failure to comply with this condition shall, upon the written request of the Union, result in the immediate discharge of the employee. New employees who are employed after the time this Agreement becomes effective shall, not later than thirty (30) calendar days after the commencement of such employment, become and remain members in good standing in the Union. The Employee and the Union agree that the right of non-association of employees based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member shall be protected at all times and such public employees shall pay such sum as is provided in RCW 41.56, "Chapter 59, Laws of 1973". Neither party shall discriminate against any employee or applicant for employment on account of membership in or non-membership in any labor union or other employee organization. Section 2.2 Dues Deduction The City agrees to deduct from the paycheck of each employee who has so authorized it, the regular monthly dues uniformly required of members of the Union. The amount deducted shall be transmitted monthly to the Union on behalf of the employees involved. Authorization by the employee shall be on a form approved by the parties hereto and may be revoked by the employee upon request. No portion of the fund collected by the union under this provision shall be used for support of political purposes in Kent. The Union agrees to indemnify and hold the City harmless against any and all claims, suits, orders and other judgements brought or issued against the City as a result of any action taken by the City under the provisions of this Article, unless a dispute arises as a result of an error committed by the City. It shall be a condition of employment that all represented temporary employees as defined in Section 1.1, shall pay to the Union a service fee in the amount of 1.32% of regular gross pay (not-overtime) for all hours of employment. This service fee shall be paid in lieu of the membership provisions required of regular employees in the bargaining unit. Section 2.3 List of Employees Furnished by Union The Union will furnish to the City before the first day of each month a list of the employees for whom dues shall be withheld. Section 2.4 Union Refund to Emuloyer The Union agrees to refund to the City any amounts paid to it in error on account of the check-off provisions upon presentation of proper evidence thereof. (pAunion\teamster\tm97con.wpf revised 7/22/97) 2 ARTICLE 3 - SENIORITY Section 3.1 Definition Seniority shall, for the purpose of longevity pay, be defined as an employee's length of continuous service as a regular employee with the City, less any adjustments for approved leaves of absence without pay. Seniority shall, for the purpose of layoff, be defined as an employee's length of continuous service as a regular employee within the bargaining unit, less any adjustments for approved leaves of absence without pay. Seniority shall, for all other purposes of this Agreement, be defined as an employee's length of continuous service as a regular employee within their respective department/division, less any adjustments for approved leaves of absence without pay. Seniority shall not accrue to a new employee until completion of a six (6) month probationary period. However, the City may extend the probationary period of a new employee for an additional six months. Section 3.2 Seniority Cancellation An employee's seniority shall be canceled under any of the following circumstances: A. The employee resigns; B. The employee is discharged; C. The employee retires; D. The employee is laid off for a continuous period of twelve (12) months or more; E. The employee fails to return to work subsequent to and in accordance with the terms of an approved leave of absence; F. The employee fails to return to work from layoff on the date specified by the City in a recall notice delivered to the employee or mailed to the employee's last known address on file with the City, providing such notice grants the employee seventy-two(72)hours advance notice to report. Section 3.3 Order of Layoff The City shall determine when layoffs are necessary and in which department/division layoffs shall occur. In the event of a reduction in the number of positions in the employee's department/division, employees in that division shall be laid off in the reverse order of seniority. Section 3.4 Transfer to Different Position The City may transfer an employee to a different position at any time either temporarily or permanently. (pAunioniteamster\tm97con.wpf revised 7/22/97) 3 Section 3.5 Transfer of Seniority An employee with established seniority who is laid off may transfer his seniority to another department within the bargaining unit in which he successfully completed probation and worked for twelve months or more. To accomplish this, the employee must demonstrate that he possesses the appropriate certifications and licenses and can perform the work without additional training. It shall be the responsibility of the employee to maintain such licenses and certifications. Requests for transfer must be made to the Employee Services Department in writing within three (3) calendar days of the layoff notice. The City will pay the cost of maintaining the required licenses and certifications for the last regular position held in the bargaining unit by the employee. Such costs shall include the actual cost of renewing the license or certification and the cost of registration for required training to maintain the license or certification. All other expenses shall be the responsibility of the employee. In addition, the employee must use their own time to attend any required training in order to maintain such licenses and certifications. Maintenance of such licenses and certifications by the employee shall be voluntary. However, if the employee allows their license or certification to lapse the City shall have no further obligation under this section. Section 3.6 Return to Work An employee who is injured or becomes ill either on or off the job will have six (6) months from the date of the injury or illness to return to his/her vacated position. ARTICLE 4 - HOURS OF WORK Section 4.1 Normal Workweek The normal workweek for full-time employees shall be five (5) consecutive days of not less than eight (8) hours per day exclusive of lunch period. Section 4.2 Alternative Work Schedules Alternative work schedules, as mutually agreed by the City and the Union, may be utilized, to include, but not be limited to, 4/10's or 9/80's. The details of such alternative work schedules shall be determined through a labor-management committee. Section 4.3 Overtime For employees on a normal work schedule all work performed in excess of eight(8)hours at straight-time in one (1) day, or in excess of forty (40) hours at straight-time in one (1) week, shall constitute overtime and shall be paid for at one and one-half times the employee's regular straight-time hourly rate of pay. Employees working an alternate work schedule that exceeds eight(8)hours in one day shall be paid at time and one-half for all hours in excess of their regular shift. In all cases in computing overtime, the nearest one-half hour shall be used. All work performed on the sixth and seventh consecutive days shall be paid at the overtime rate of time and one-half. In computing overtime, for over fifteen (15) minutes and less than one-half (1/2) hour, one-half (1/2) hour shall be (p:\union\teamster\tm97con.wpf revised 7/22/97) 4 allowed; for over one-half (1/2) hour and less than forty-five (45) minutes, forty-five (45) minutes shall be allowed; for over forty-five (45) minutes and less than one (1) hour, one (1) hour shall be allowed. Section 4.4 Compensator, Time Compensatory time may be requested by members of the bargaining unit in lieu of cash. Such compensatory time, if approved by the City, shall be earned at the rate of time and one-half. The amount of compensatory time allowed to be accrued by bargaining unit members may vary by department/division and job classification and shall be determined by the City. Accrued compensatory time off may be requested by members of the bargaining unit by submitting a request to their supervisor. Compensatory time off may be taken in units of less than 4 hours, if approved by a division manager or his designee. The City will make every effort to accommodate requests for use of compensatory time, unless such request would unduly disrupt the employer's operation. Employees may request a cash out of their accumulated compensatory time annually by making a written request to their division manager no later than November 15 of each year for payment in December. Section 4.5 Schedule Changes - Notice In the event the City decides to change the employee's normal work schedule, the City agrees to provide a seven(7) calendar day notice prior to the effective date of such change, except for emergency situations which make it impractical to give such notice. The City will not manipulate work schedules by making short term schedule changes solely for the purpose of avoiding payment of overtime. Section 4.6 Lunch and Rest Periods Employees shall receive a fifteen (15) minute rest break during the first four (4) hour period of their workday, and a second fifteen (15) minute rest break during the second four (4) hour period in their workday. Employees shall be compensated at their prevailing wage rate for time spent while on rest breaks. Rest breaks will generally be taken near the work site where an employee is designated. Section 4.7 Call Back Employees who are required to return to work as the result of a call-back shall receive a minimum of two (2) hours pay at the overtime rate for the work for which they are called back. If an employee is called back to work after having returned home from a previous call back, an additional two (2) hours work at the overtime rate shall be paid. This provision applies only when such call back results in hours worked which are not annexed consecutively to one end or the other of the working day. Employees called back to work on a recognized holiday shall receive three (3) hours pay for each call back. The City reserves the right to retain the employee at the work site on a call back when notified in advance or during an emergency. (pAunion\teamster\tm97con.wpf revised 7/22/97) 5 Section 4 8 Phone Calls/Work at Home If an employee, who is not on standby, receives a work related telephone call outside their normal work schedule and is able to resolve the issue without having to return to work they shall be compensated based on the actual time spent resolving the issue rounded to the nearest thirty (30)minute increment, paid at the overtime rate. Except that calls received between 8pm to 6am, Monday-Friday, or 8pm to Sam on Saturday or Sunday, or a holiday, shall be rounded to the nearest hour increment. Employees on standby who receive a work related telephone call outside their normal work schedule and are able to resolve the issue without having to return to work shall be compensated based on the actual time spent resolving the issue rounded to the nearest fifteen (15) minute increment, paid at the overtime rate. Except that calls received between 8pm to 6am, Monday-Friday, or 8pm to Sam on Saturday or Sunday, or a holiday, shall be rounded to the nearest half hour increment. Section 4.9 Mandatory Standby Duty The City reserves the right to establish a mandatory standby program. Employees on standby shall be required to carry a pager device and be able to respond immediately to callback situations without restrictions or impairments. Employees assigned to mandatory standby shall receive $1.90 effective July 1, 1997, $2.00 effective January 1, 1998. Standby periods shall be determined by the City. Section 4 10 Shift Differential A shift differential of twenty-five cents per hour will be paid for all hours worked by an employee when a majority of his or her regularly scheduled shift hours occur before 7:30 a.m. or after 4:00 p.m. Monday through Friday. A shift differential of thirty cents per hour will be paid for all hours worked on Saturday and Sunday. Shift premiums will be paid for hours worked during the shift except for work performed as overtime work. Shift premiums will not be paid for any paid time off. Shift differential only applies to regular full time, regular part-time and ten-month employees. There shall be no pyramiding of shift differential. In exchange for shift differential pay the Union agrees to work with the City in developing alternative work schedules and shifts that provide coverage seven days a week, and for a minimum of 16 hours per day. Section 4 11 Regular Starting/Quitting Time All employees shall have a regular starting and regular quitting time, and any work performed at the direction of the City, before the regular starting or after the regular quitting time shall be considered overtime. (p:lunioniteamster\tm97con.wpf revised 7/22/97) 6 ARTICLE 5 - UNION ACTIVITIES Section 5 1 Business Representatives of the Union The Business Representative of the Union shall be allowed access to all facilities of the City wherein the employees covered under this contract may be working for the purpose of conducting necessary Union business and investigating grievances,provided such representative does not interfere with the normal work processes. The Business Representative shall notify the Employee Services department and/or appropriate Department Head or his/her designee prior to visiting City facilities for the purpose of conducting necessary Union business or investigating grievances, except in emergency situations. Section 5.2 Employee Upholding Union Principles/Performing Duties The City agrees that the employees covered by this contract shall not be discharged or discriminated against for upholding Union principles or for performing duties authorized by the Union, as long as their activities do not interfere with normal work processes of the City. Provided, however, it shall not be a violation of this Agreement or cause for discharge or discipline for any employee to refuse to cross a legal, primary picket line sanctioned by Joint Council of Teamsters No. 28 or the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, so long as an employee's refusal to cross such a recognized picket line shall not interfere with the delivery of City services. Whenever possible, in the event of a picket line established at a place of business during a labor dispute, the City will make every effort to utilize non-union personnel to cross picket lines so as not to interfere with the delivery of City services. ARTICLE 5 - LABOR - MANAGEMENT COMMITTEE The City and the Union agree continuing cooperation between labor and management is important, and further, from time to time suggestions and complaints of a general nature affecting the Union and the City need consideration. To accomplish this end, the City and the Union agree that duly authorized representatives of the Union shall function as one-half of a Labor-Management Committee, the other half being certain representatives of the City named for that purpose. Said Committee shall meet periodically for the purpose of discussing and facilitating the resolution of all problems which may arise between the parties other than those for which another procedure is provided by law or by other provisions of this Agreement. 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. If the parties mutually agree, the timelines set forth in this section for processing of grievances will be put on hold for a mutually agreed upon period of time to allow the parties to address the grievance in a labor-management forum. If a resolution is not agreed to, the grievance process shall continue. (pAunioniteamster\tm97eon.wpf revised 7/22/97) 7 Grievances shall be resolved in the following manner. Failure to follow the time frames set forth below shall constitute waiver of the grievance. Step 1. Any Grievance shall be reduced to writing and submitted to the Superintendent or Division Manager by the employee and/or the Union within ten(10) working days of the occurrence of the alleged incident giving rise to such grievance. The written grievance shall include a statement of the issue, the section(s) of the agreement allegedly violated, facts of the case and remedy sought. Every effort shall be made to resolve all grievances at this level. If resolved, the basis for resolution shall be reduced to writing and signed by the employee. Step 2. Grievances not settled within ten (10) working days following Step 1, shall then be presented, in writing, by the Union directly to the Department Director or designee. The Department Director shall submit a decision, in writing, on the grievance within ten(10) working days from the date the grievance was first presented to him. Copies of the decision shall be provided to the employee or employees requesting the grievance decision. If resolved, the basis for resolution shall be reduced to writing and signed by the employee. Step 3. Grievances not resolved at step 2, may be presented in writing by the Union to the Employee Services Director, or designee within ten (10) working days of the Step 2 response. The Employee Services Director shall submit a written decision on the grievance within ten (10) working days from receipt. Step 4. In the event the decision reached by the Employee Services Director is unsatisfactory to the parties presenting the grievance, the grievance may, within ten (10) working days, be submitted to arbitration. The Union and the City shall mutually select an arbiter under American Arbitration Association procedures. A. The Arbiter shall render his decision based on interpretation and applications of the provisions of this Agreement. The decision shall be in writing and copies shall be sent to the City and the Union. B. The decision of the Arbiter shall be final and binding upon all parties to the grievance, provided the decision does not involve action by the City which is beyond its jurisdiction. C. Neither the Arbiter nor any persons involved in the grievance procedure shall have the power to negotiate new agreements or to change any of the present provisions of this Agreement. D. All expenses incurred in the arbitration process shall be borne as follows: 1. Expenses incurred by the Union shall be borne by the Union. 2. Expenses incurred by the City shall be borne by the City. 3. Expenses or fees of the Arbiter shall be borne equally by the Union and the City. (pAunion\teamster\tm97con.wpf revised 7/22/97) 8 Section 7 2 Disciplinary Action by the Employe No employee shall be disciplined, suspended or discharged without just cause. It is understood that no disciplinary action by the City shall be considered cause for a grievance unless it is specifically alleged that such represents an incorrect application of the terms of this Agreement. In no event shall this Agreement alter or interfere with disciplinary procedures heretofore followed by the City or provided for by City Charter, Ordinance, or law including the procedure for appeals thereof. This clause shall not, however, prevent the Union from affording to its members such representation in any other proceedings as it may see fit. Section 7.3 Meetings Relative to Discipline In the event the Employer requires an employee to attend a meeting for purposes of discussing an incident which may lead to suspension, demotion or termination of that employee, the employee shall be advised of his right to be accompanied by a representative of the Union. If the employee desires Union representation in said matter, he shall notify the Employer at that time and shall be provided a reasonable time to arrange for Union representation. ARTICLE 8 - WORK STOPPAGES AND EMPLOYER PROTECTION Section 8.1 Work Stoppages - Defined The City and the Union agree that the public interest requires efficient and uninterrupted performance of all City services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. Specifically, the Union shall not cause or condone any work stoppage, including any strike, slowdown, refusal to perform any customarily assigned duties, sick leave absence which is not bona fide, or other interference with City functions by employees under this Agreement and should same occur, the Union agrees to take appropriate steps to end such interference. Any concerted action by any employee in any bargaining unit shall be deemed a work stoppage if any of the above activities have occurred. Section 8.2 Back to Work Order Upon notification in writing by the City to the Union that any of its members are engaged in a work stoppage, the Union shall immediately in writing, order such members to immediately cease engaging in such work stoppage and provide the City with a copy of such order. Section 8.3 Disciplinary Measures by Employer Any employee who commits any act prohibited in this Article will be subject to the following penalties. A. Discharge B. Other disciplinary action as may be applicable to such employee. (pAunioniteamster\tm97con.wpf revised 7/22/97) 9 ARTICLE 9 - BULLETIN BOARDS The City shall permit the reasonable use of bulletin boards by the Union for the posting of notices of a non- controversial nature relating to Union business. ARTICLE 10 - SAFETY AND SANITATION Section 10.1 Compliance with Safety Codes All work shall be done in a competent and workmanlike manner, and in accordance with the State of Washington Code and any Federal codes relating to this subject. Section 10.2 Unsafe Work Conditions It shall not be considered a violation of this Agreement whereby any employee shall refuse to work with unsafe equipment, or where adequate safeguards are not provided, or when the facilities and services are not being maintained in a reasonable sanitary condition. However, all employees who are assigned to work on jobs or in areas deemed by the City to possibly be dangerous (e.g., spraying) shall be required to wear lawfully designated safety devices and/or equipment designated as necessary for their protection. Such devices and equipment will be furnished by the City. Refusal or failure of any employee to perform the work assigned, to use, or to wear such devices or equipment shall be grounds for appropriate disciplinary action, up to and including dismissal. Section 10.3 Chemical Applicators Premium All employees required to maintain a Public Pesticide Operator's License in the Maintenance Worker II classification shall receive an hourly premium pay of the hourly differential in base pay between a Maintenance Worker II and a Maintenance Worker III, for actual time spent spraying. Section 10.4 Safety Compliance All employees covered by this collective bargaining agreement are expected to comply with W.I.S.H.A. (Washington Industrial Safety and Health Act) regulations and City policies and rules related thereto. Employees knowingly violating such policies, rules and regulations shall be subject to disciplinary action which may include suspension and discharge. No supervisor shall require an employee to go or be in any employment or place of employment which is not safe according to W.I.S.H.A. standards. Section 10.5 Immunizations The City shall provide all full time, regular part-time and 8-month employees in the bargaining unit who have a potential exposure with an opportunity to receive the three (3) shot Hepatitis series and the TB immunization and follow-up tests to help prevent diseases or infection in the work place. Such immunizations shall be voluntary on the part of the employee. (p:lunioniteamster\tm97con.wpf revised 7/22/97) 10 ARTICLE 11 - MANAGEMENT RIGHTS Subject only to the limitation expressly stated in this Agreement, the Union recognizes that the City retains the exclusive rights to manage its business including, but not limited to the right to determine the methods and means by which its operations are to be carried on, to direct the work force and to conduct its operations in a safe and effective manner; to establish reasonable qualifications for employment and, to employ employees; to schedule and assign work; to establish work and reasonable productivity standards to assign overtime; to determine the methods, means, organization and number of personnel by which operations are conducted; to determine whether goods or services are made or purchased; to determine the utilization of technology; to evaluate employees; to discipline, suspend and discharge employees for just cause; and to carry out the mission of the City; provided, however, that the exercise of any of the above rights shall not conflict with any of the express written provisions of this Agreements. ARTICLE 12 - PAY PERIOD Whenever practicable, the City shall pay all regular employees on the fifth (5th) and twentieth (20th) of each month. Any employee who is laid off or terminated shall receive all wages due him within 24 hours of the termination of this employment excluding weekends. ARTICLE 13 - WAGES CLASSIFICATIONS AND MINIMUM RATES OF PAY Section 13.1 Salary Plan- Adoption It is agreed that the classifications and minimum rates of pay shall be as set forth in the annual budget, and in accordance with the provisions of this Labor Agreement. Salaries by classification shall be in accordance with Appendix "A" of this Agreement. Section 13.2 Minimum Rates of Pay Any employee already receiving a higher rate of pay than the minimum set forth in this agreement shall suffer no reduction as a result of this Agreement, and nothing herein shall preclude the payment of a higher rate at the discretion of the City. Section 13.3 Longevity The following longevity premium pay shall apply: 1. After 5 consecutive years of service - 1% of base pay 2. After 10 consecutive years of service - 2% of base pay 3. After 15 consecutive years of service - 3% of base pay 4. After 20 consecutive years of service - 4% of base pay (pAunion\teamster\tm97con.wpf revised 7/22/97) I 1 Section 13 4 Reclassification Reclassification of certain positions may become necessary in order to recognize major changes in functions or responsibilities, or to align salaries within the bargaining unit in order to correct any inconsistencies. Employees petitioning for reclassification consideration will be required to complete a position description questionnaire form which shall then be forwarded to Employee Services. Such requests will be processed within three months from the date the completed questionnaire is 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 questionnaire. Section 13.5 Job Openings If a job opening occurs within the bargaining unit, the City shall first offer the opening to all regular City employees, including 8-month and active 4-month employees prior to offering the job to outside applicants. All openings shall be posted five (5) work days in all work areas, prior to filling any such openings. Where qualifications, skills and abilities of the finalists are relatively equal, as reasonably determined by the City, preference shall be given to the bargaining unit employee. ARTICLE 14 - HOLIDAYS Section 14.1 Observed Dates The following holidays shall be paid holidays for all employees covered by this Agreement: Holiday 1. New Year's Day 2. Martin Luther King Day 3. Presidents' Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veterans' Day 8. Thanksgiving Day 9. Day after Thanksgiving 10. Christmas Day 11. Floating Holiday (Personal) 12. Other holidays proclaimed by the Mayor or City Council The City shall specify, each year, the date on which the above holidays shall be observed. (pAunion\teamster\tm97con.wpf revised 7/22/97) 12 Section 14.2 Overtime Worked on Holidays Employees performing work on the date that any of the above holidays is observed shall receive the pay for the holiday plus compensation for the actual hours worked at the overtime rate. Employees scheduled to work on such holidays shall receive a minimum of three (3) hours at the employee's overtime rate. ARTICLE 15 - HEALTH CARE AND LIFE INSURANCE Section 15.1 Medical/Dental Coverage The City agrees to provide medical/dental coverage for all regular full-time and regular part-time and Ten- month employees in the bargaining unit. Coverage will also be available for eligible dependents. The employee shall contribute toward the purchase of dependent coverage in accordance with the provisions of Section 15.2 of this Agreement. For the contract period, the following health care plans will be offered to eligible employees: 1. Blue Cross of Washington and Alaska, Enhance PPO Plan 2. Group Health Cooperative (HMO), includes co-pays and VSP vision plan However, the City reserves to right to change carriers based upon comparable benefits and cost- effectiveness of such a change. Section 15.2 Employee Contribution - Dependent Coverage Eligible employees shall have dependent coverage available. Employees shall have the option to insure dependents under alternative plans offered, subject to the terms and conditions imposed by the carrier. The following premium rates shall apply for dependent medical coverage for the duration of this labor agreement. EMPLOYEE CONTRIBUTIONS Blue Cross Group Health Employee Only $ 0. $ 0. Employee/Spouse 15.00 25.00 Employee/Children 10.00 15.00 Employee/Spouse/Children 25.00 65.00 Section 15.3 Life Insurance Coverage The City shall pay the entire premium of double indemnity life insurance coverage for each eligible employee in the bargaining unit. The City will determine the manner in which insurance coverage is secured. (pAunion\teamster\tm97con.wpf revised 7/22/97) 13 Section 15.4 Long-Term Disability Insurance (LTD) The City shall pay the entire premium of a long term disability plan for each eligible employee in the bargaining unit. The LTD plan shall provide for coverage with a 90 day elimination period, which pays at 66.67% of the first$6,000 of monthly base salary and pays to age 65 for eligible employees. The City will determine the manner in which insurance coverage is secured. Section 15.5 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 discuss 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. ARTICLE 16 - PENSION Pension for employees and contributions to Public Employees' Retirement System(PERS)will be governed by Washington State Statute. ARTICLE 17 -WORKERS COMPENSATION PROGRAM Employees injured on-duty and qualified for worker's compensation shall be entitled to such benefits through the City's self-funded program as determined by statute. Further, if all accumulated sick leave is used by the employee, the City will continue medical/dental and life insurance contributions on behalf of the injured employee and dependents, if applicable, in an amount not to exceed the City's pre-injury contribution level. The period of the City's contribution shall terminate upon the employee's return to active employment or four (4) months, whichever is sooner. ARTICLE 18 - VOLUNTEER PROGRAMS The parties agree that volunteer programs can be mutually beneficial to the City, employees, and the citizens of Kent. The parties recognize that volunteerism provides a sense of community involvement and requires a commitment of time and service on behalf of the volunteer. Successful volunteer programs require leadership and coordination with employees. To that end the City is committed to working in partnership with the Union to build successful volunteer programs. The parties agree that the City shall not layoff employees in the bargaining unit as a result of volunteer programs. The use of volunteers shall not result in a loss of existing overtime opportunities for members of the bargaining unit. Volunteer programs may require leadership and coordination with City staff. As a result, supervisory or lead opportunities may become available for bargaining unit members as a result of successful volunteer programs. The parties agree to meet in a labor-management forum to discuss new volunteer programs or work that is beyond the scope of current volunteer programs. Such programs may include, but are not limited to: youth programs, King County work training programs, adopt-a-park, adopt-a-street, internships,jobcore, (pAunioniteamster\tm97con.wpf revised 7/22/97) 14 community service workers, and work release. Furthermore, the parties agree that should any concerns arise regarding a specific volunteer project those concerns shall be brought to the City's attention immediately. If the concerns cannot be resolved at that level the Union may, with just cause, request that a specific volunteer project be suspended with 10 days written notice to the City. No new activity on the project will be scheduled until such time as the parties meet in a labor-management forum. If the parties are unable to reach agreement on the specific volunteer project the City will cease activity on the project, except that any previously agreed upon scheduled events involving the volunteer project may take place, and no new activity may be scheduled. ARTICLE 19 EQUAL EMPLOYMENT OPPORTUNITY - NONDISCRIMINATION The employer or the Union shall not unlawfully discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of race, color, religion, political affiliation, ancestry, national origin, sexual orientation, marital status, age, sex, gender, Vietnam era Veteran's status, mental, sensory, or physical disability, unless based on a bona fide occupational qualification reasonably necessary to the operations of the City. Sexual harassment shall be considered discrimination under this Article. Disciplinary action will be taken against employees who engage in any activity under this Article. The employer agrees to take corrective action to assure that any such practices are remedied and that such discrimination does not continue. Reprisal against a grievant or witness for a grievant is prohibited. The City and the Union, recognizing the need for Equal Employment Opportunities, do mutually agree to be supportive to the City's Equal Employment Opportunity Policy. Wherever words denoting a specific gender are used in the Agreement, they are intended and shall be construed so as to apply equally to either gender. ARTICLE 20 - SICK LEAVE Section 20.1 Accrual Rate Regular full-time employees will accrue eight(8)hours of sick leave for each continuous month of service. Regular part-time employees' sick leave accrual will be pro-rated based upon the total hours compensated each month. Sick Leave is accrued according to completed months of continuous service with the City. This is calculated from the date of employment(hire date) or rehire, whichever is later. Employees' monthly sick leave credits will be posted on the first day of each month following the month of accrual. For regular part-time employees adjustments in sick leave credits will be made the month following the month worked. Sick leave must be accrued before it can be used. The maximum number of accumulated sick leave hours at any given time is 960. (pAunion\teamster\tm97con.wpf revised 7/22/97) 15 Section 20.2 Sick Leave Incentive Program In order to provide an incentive for using sick leave only as necessary, members of the bargaining unit shall be entitled to incentive pay for maintaining their sick leave balance at the following levels: Sick Leave Hours Amount of Cash Incentive 0 - 239 No incentive 240 - 479 8 hours base pay 480 - 719 16 hours base pay 720 - 960 24 hours base pay 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+ or 720+ hour accrual for the entire preceding calendar year. If an employee falls below one of the designated accrual levels they will not be eligible for the corresponding incentive pay. Section 20.3 Physician's Statement Employees who are absent more than three(3)consecutive days and request sick leave pay may be required to submit to their supervisor, upon returning to work, a statement from a physician stating the reason for the absence. This requirement shall not be used as disciplinary action against an employee, but rather to inform the supervisor of the medical reasons for the absence. Section 20.4 Sick Leave Uses Sick leave may be used by the employee for bona fide cases of: - Illness or injury which prevents the employee from performing his/her regular duties. - Disability of the employee due to pregnancy and/or childbirth. - Medical or dental appointments for the employee. - Care of family members as required by either State or Federal Law. Section 20.5 Prompt Notification Employees incapacitated by illness or injury shall personally call their supervisor within one hour of their scheduled starting time, except where there are extenuating circumstances. 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 20.6 Sick Leave Abuse Abuse of sick leave shall be grounds for suspension or dismissal. An employee's ability to work regularly and as scheduled is a requirement for continued employment. The City has the right to take corrective action to deal with abuse of sick leave or situations where the employee has prolonged and/or frequent or regular absences which hinder the performance of the employee's job duties or the efficiency of the department. Such corrective action may include medical consultations, physician's statements or disciplinary action including termination. (pAunioniteamster\tm97con.wpf revised 7/22/97) 16 Section 20.7 Conditions Not Covered Employees shall not be eligible for sick leave when: - Suspended or on leave without pay and when laid off or on other non-pay status. - Off work on a holiday. - while on vacation, unless the employee or an immediate family member is admitted to the hospital. ARTICLE 21 - JURY DUTY Refer to City Policy (Court Appearances). City to pay difference between jury pay and full salary. ARTICLE 22 - BEREAVEMENT LEAVE Section 22.1 Use of Bereavement Leave Members of the bargaining unit shall receive three (3) days bereavement pay for death in the immediate family. Section 22.2 Immediate Family Immediate family shall be defined as the employee's legal spouse, daughter or son (step also), daughter or son-in-law, mother or father(step also), mother or father-in-law, sister or brother (step also), sister or brother-in-law, grandparents, grandparents-in-law, grandchildren. Other members or non-members of the employee's family could be considered immediate family as a result of special circumstances (example: aunt or uncle with whom an employee lived, where such a person could have been regarded as a substitute parent). An employee must ask for an exception ruling from Employee Services in order to receive bereavement leave for persons classified in this category. Such request must explain the relationship of the person(s) involved, either as family or non-family members. Section 22.3 Use of Sick Leave to Supplement Bereavement Leave In the event that the time required for immediate family bereavement leave is in excess of the allowed leave, sick leave may be taken. A maximum of ten(10)days sick leave may be granted by the department director or Employee Services Director for this purpose. Distance, travel time or other factors will be considered to determine the number of sick days to be granted. If additional time is needed other available leave may be utilized (compensatory time or annual leave) subject to approval of the department director or Employee Services Director. Attendance at funerals of close friends and other close relatives will be recognized as sick leave, except that the actual time required to attend the funeral shall not exceed four (4) hours. Paid time off will not be granted when a funeral occurs during the time an employee is on annual leave, paid sick leave, or a City Holiday. (pAunioniteamster\tm97con.wpf revised 7/22/97) 17 Section 22 4 Request and Approval Employees shall request funeral leave in writing through their department supervisor and Department director for approval. Final determination shall be made by the Employee Services Director or Director of Operations regarding the extent to which funeral/sick leave will be granted. Distance, travel time and/or other factors will be considered to determine the number of days to be granted. ARTICLE 23 - VACATIONS Section 23.1 Accrual Rate All regular full-time employees will accrue vacation time at the rate of eight(8)hours, or one working day per month. Any employee who leaves employment or is involuntarily terminated before the probationary period which is the first six (6) months of employment, will not have accrued any annual leave. All regular part-time employees leave accrual shall be pro-rated based on the percentage of full-time hours compensated each month. f Years o Emn oyment Hour of leave accrued_ Years -- Monthly Annually 1 st thru 4th year 8 hours 96 hours 5th thru 9th year 10 hours 120 hours loth thru 12th year 12 hours 144 hours 13th thru 16th year 12.67 hours 152 hours 17th thru 19th year 14 hours 168 hours 20th and thereafter 14.67 hours 176 hours Section 23.2 Scheduling Vacations will be scheduled by the City. Whenever possible, vacations will be scheduled for the convenience of the employees involved. Section 23.3 Maximum Accumulation Vacation benefits shall not be cumulative from year to year. It is the intent that each eligible employee receive and take a regular vacation period annually. Employees who require extended vacation(more than their current year's allowance)may request approval to accrue more than one year's vacation. Under no circumstances shall any employee be allowed to accumulate more than the equivalent vacation that the employee would earn in two years. Approval for extended accrual must be in writing from the employee's department director and the Employee Services Director. (p:\union\teamster\tm97con.wpf revised 7/22/97) 18 ARTICLE 24 - EMERGENCY CONDITIONS In the event of a natural disaster or inclement weather resulting in emergency conditions the following provision shall apply: Employees who are unable to travel safely to work or who, with supervisory authorization, request to leave before the end of their shift, shall be required to use annual leave or comp time to cover all hours away from work. ARTICLE 25 - MILITARY LEAVE The City and Union agree that members of the bargaining unit who are members of the Washington National Guard or any Federal Reserve military unit will be entitled to be absent with pay from their duties with the City for periods of time up to a cumulative maximum of 15 work days (a work day = 8 hours of work) or 15 consecutive work days during each calendar year. ARTICLE 26 - SEVERANCE PAY Full-time employees shall, in the event of a reduction in force, be paid at the time of their separation a sum equal to two (2) weeks pay from which no deductions shall be made except as required by State and Federal Law. Provided, however, that no employee accepting any other employment with the City shall be entitled to such pay. ARTICLE 27 - STANDARD DRESS, TOOLS AND LICENSES Section 27.1 Uniform Allowance The City will continue to provide and launder, for all full time, regular part-time, and 10-month employees, 11 pairs of pants, 11 shirts, and 3 coats. Coveralls to be allocated based on operational need. Additional uniforms may be allotted where a need can be demonstrated. In addition, the City will provide options in the selection of coats, shirts and coveralls (to include insulated coats and coveralls) as recommended by the Uniform Subcommittee, however management reserves the right to determine additional options available. The laundering of these uniforms will be a standard schedule and paid for by the City. The City and Union agree to work together toward reducing the cost of providing and maintaining employee uniforms. The maximum safety shoe allowance for regular full-time, regular part-time, 10-month and 8-month employees shall be $150.00, plus tax, per pair, as needed. Four month employees shall receive a maximum safety shoe allowance of$50.00, plus tax, per pair, as needed. Such increase shall become effective upon signing of this agreement. Proper attire: Each employee in the bargaining unit while on duty must be attired properly and in accordance with City Policy and/or reasonable rules regarding safety. (pAunion\teamster\tm97con.wpf revised 7/22/97) 19 Section 27.2 Tools and Equipment Allowance All mechanic classifications will be authorized to receive $250.00 in 1997, $300.00 in 1998, and $350.00 in 1999 for the purchase of work tools, based on a receipt and reimbursement method. The City will also purchase air-tools. Labor-management committee reserves the right to prioritize the purchase of tools. In addition, the City agrees to provide at its cost, the minimum, safety equipment required under W.I.S.H.A. (Washington Industrial Safety and Health Act). The City agrees to purchase insurance to cover theft of employee owned tools from City premises required for employment. City obligation shall be limited to loss due to burglary. Employee shall comply with all terms and conditions of the insurance carrier. Deductible to be paid by the City. Section 27.3 License/Certification Requirements Employees required to obtain licenses, certifications or physical exams shall be allowed time off at the City's expense. Additionally, the City shall pay for any of the requirements. ARTICLE 28 - SUBSTANCE ABUSE TESTING All members of the bargaining unit shall comply with City policy #2.25 - Substance Abuse. Random testing however, shall only apply to those employees required to carry a commercial driver's license(CDL) as a condition of employment. ARTICLE 29 - SAVINGS CLAUSE If any Article of this Agreement or any Addendum thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement and Addendum shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such Article. ARTICLE 30 - ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. ARTICLE 31 - SUBORDINATION OF AGREEMENT It is understood that the parties hereto and the employees of the City are governed by the provisions of applicable Federal Law, State Law, and the City Code. When any provisions thereof are in conflict with the provisions of this Agreement, the provisions of said Federal Law, State Law, or City Code are paramount and shall prevail. (p:lunioniteamster\tm97con.wpf revised 7/22/97) 20 ARTICLE 32 - TERM OF AGREEMENT This Agreement shall be in force and effect from January 1, 1997 through December 31, 1999. SIGNED THIS <�15 DAY OF -11� , 1997, at Kent, Washington. CITY OF KENT DRIVER SALESMEN AND WAREHOUSEMEN'S UNION LOCAL#117 r BY r JFI BY Jim ite, J66 Williams, Secret y-Treasurer BY S e Viseth Employee Services Director au Approved as to form: BY "]&geNLub—o;vIch, City Attorney CITY OF KENT TEAMSTERS LOCAL 117 220 4th Avenue South 553 Johns Street Kent, Washington 98032 Seattle, Washington 98109 (pAunion\teamster\tm97con.wpf revised 7/22/97) 21 APPENDIX "A" -WAGES The salary schedule for positions in the bargaining unit shall be as follows: A. Effective January 1, 1997, base salaries for the job classifications set forth in Appendix "B" will be increased by 90% of the Seattle CPI-W, July 95 to July 96, (2.6%). The Water Treatment Plant Operator position will be increased from a Maintenance Worker III to a Maintenance Worker IV classification effective January 1, 1997. The Mechanic Lead position will be reclassified to a Field Supervisor effective January 1, 1997. The Field Supervisor classification will be increased to a TM 32 effective January 1, 1997. B. Effective January 1, 1998, base salaries for the job classifications set forth in Appendix "B" will be increased by 90% of the Seattle CPI-W, July 96 to July 97, min 2%, max 5%, or the COLA given to non-represented employees whichever is greater. C. Effective January 1, 1999, base salaries for the job classifications set forth in Appendix "B" will be increased by 90% of the Seattle CPI-W, July 97 to July 98, min 2%, max 5%, or the COLA given to non-represented employees whichever is greater. D. Temporary employees shall be paid in accordance with the following schedule, except that the City may pay more in hourly wages as it deems appropriate to maintain a qualified workforce. 1997 - 1999 Wage Scale Temporary Four-Month Employees Start at $6.00 Greater than 1040 hours = $7.00/hour Greater than 2080 hours = $8.50/hour 1997 Wage Scale 1998 - 1999 Wage Scale Temporary Eight-Month Employees Temporary fight-Month Employees Start at $7.50 Start at $7.75 Greater than 1040 hours = $8.75/hour Greater than 1040 hours = $9.00/hour Greater than 2080 hours = $10.00/hour Greater than 2080 hours = $10.25/hour The above wage schedule includes wages and pay in lieu of benefits for vacation, sick leave, holidays, insurance and other miscellaneous benefits. (pAunion\teamster\tm97con.wpf revised 7/22/97) 22 APPENDIX "B" - BARGAINING UNIT CLASSIFICATION SCHEDULE Classification Salary Range Meter Reader I Range TM 17 Meter Reader II Range TM20 Meter Reader III Range TM24 Maintenance Worker I* Range TM17 Maintenance Worker II Range TM20 Maintenance Worker III Range TM24 Maintenance Worker IV Range TM27 Maintenance Technician Range TM30 Field Supervisor Range TM32 Mechanic Assistant Range TM20 Mechanic I Range TM24 Mechanic II Range TM27 *The Maintenance Worker I classification is a six (6) month training classification. Employees hired into this classification will be required to successfully complete six (6) months of training and obtain any required licenses and certifications before advancing to the Maintenance Worker II classification. Such licenses and certifications may include but not be limited to: Commercial Driver's License (CDL), First Aid Card, Flagger Card, Defensive Driving Course. (pAunioniteamster\tm97con.wpf revised 7/22/97) 23 APPENDIX "C" - TEN-MONTH MAINTENANCE EMPLOYEE Salaries - Regular: Employees in this classification shall receive compensation whether on an active or inactive status during their employment with the City. For purposes of computing such compensation the annual base wage shall be paid in 24 equal installments on the City's regular pay dates. Salaries - Overtime: Overtime, based upon base wage for classification, shall be provided for employees who are required to work in excess of 8 hours per day or 40 hours in any week. Overtime compensation shall be paid in the form of cash or compensatory time off in accordance with this Agreement. Jury Duty/Bereavement Leave: While on active status, the employee shall be allowed time off with pay in accordance with the City's policy for jury duty and bereavement leave. Personal Leave Days: Employees in this classification shall be provided Paid Personal Leave Days in lieu of Holiday leave and Sick leave. The paid Leave Days or portions thereof may be used, with departmental approval, to maintain pay during periods of illness and observed holidays. A Personal Leave Account of employees will be credited with 15 days during the first pay period of the work year (ten-month active period); provided, that under no circumstances will the account be allowed to accrue more that 30 days. Personal Leave Days which are not used may be accrued from year to year. Such accrual shall be limited to 30 days with subsequent crediting of annual allocations contingent upon current leave balances. Except in the case of illness, an employee shall not be allowed use of more than two Personal Leave Days per month during the first five months of employment. Annual Leave: Annual Leave benefits are not provided to employees filling positions within the ten-month classification. By the nature of the employment classification, employees are provided two months off with compensation each year, thereby providing a reasonable break in employment for purposes of rest and regeneration. Otherwise, employees have the opportunity to exercise the benefits associated with Personal Leave Days which, when exercised, provide time off with compensation during active status. Existing Labor Agreement: All provisions of this Labor Agreement, except as otherwise specified in this Appendix shall apply to members of the bargaining unit occupying ten- month positions. For purposes of clarification, "ten-month employees" are those who are regularly assigned to a work schedule consisting of ten months of active status and two months of inactive status during a twelve month period. (pAunion\teamster\tm97con.wpf revised 7/22/97) 24 r MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF KENT AND TEAMSTERS LOCAL UNION NO. 117 This memorandum of understanding is intended to clarify the language in the January 1, 1997 - December 31, 1999 labor contract as it pertains to Article 4 Hours of Work. The City and Union have met to discuss this issue and have agreed to use this memorandum of understanding to clarify the intent of the language in the contract. The parties agree that the intent of Section 4.8 Phone Calls/Work at Home is as follows: If an employee, who is not on standby, receives a work related telephone call outside their normal work schedule and is able to resolve the issue without having to return to work they shall be compensated based on the actual time spent resolving the issue rounded up to the nearest thirty (30) minute increment, paid at the overtime rate. Except that calls received between 8pm to Gam, Monday-Friday, or 8pm to 8am on Saturday or Sunday, or a holiday, shall be rounded up to the nearest hour increment. Employees on standby who receive a work related telephone call outside their normal work schedule and are able to resolve the issue without having to return to work shall be compensated based on the actual time spent resolving the issue rounded up to the nearest fifteen (15) minute increment, paid at the overtime rate. Except that calls received between 8pm to 6am, Monday-Friday, or 8pm to 8am on Saturday or Sunday, or a holiday, shall be rounded up to the nearest half hour increment. The parties agree that the intent of Section 4.9 Mandatory Standby Dutv is as follows: The City reserves the right to establish a mandatory standby program. Employees on standby shall be required to carry a pager device and be able to respond immediately to callback situations without restrictions or impairments. Employees assigned to mandatory standby shall receive $1.90 per hour effective July 1, 1997, $2.00 per hour effective January 1, 1998. Standby periods shall be determined by the City. The parties agree that the intent of Section 4.10 Shift Differential is as follows: A shift differential of twenty-five cents per hour will be paid for all hours worked by an employee when a majority of his or her regularly scheduled shift hours occur before 7:30 a.m. or after 4:00 p.m. Monday through Friday. A shift differential of thirty cents per hour will be paid for all hours worked on Saturday and Sunday. Shift differential only applies to regular full time, regular part-time and ten-month employees. There shall be no pyramiding of shift differential. In exchange for shift differential pay the Union agrees to work with the City in developing alternative work schedules and shifts that provide coverage seven days a week, and for a minimum of 16 hours per day. This agreement is intended to represent the parties understanding and agreement of temporary employees within the bargaining unit. This Memorandum of Understanding shall serve as a guide in the application of the above referenced articles of the 1997-1999 labor contract. For the City of Kent: For Teamsters Local No. 117: ue Viseth, Employee Services Director Date ohn Williams, Secretary Treasurer Date CITY OF Jim White, Mayor December 22, 1998 Ken Troup, Business Representative Teamsters Local Union No. 117 553 John Street Seattle WA 98109 RE: Physical Agility Screening Dear Ken: This will confirm our discussion at the November 16, 1998 labor management meeting regarding physical agility pre-employment screening. The City implemented a pre-employment physical agility program. The physical agility screening is conducted and overseen by a Field Supervisor. After the conditional job offer is made to the prospective employee(s), they are sent to a medical provider of the City's choice for a flexibility and back examination. This screening is not done when recruiting for four or eight month temporary employees. However, any four or eight month temporary employee who applies for a regular benefited position shall be required to complete this pre-employment screening. The City shall continue its present practice of compensating active four and eight month temporary employees, not on furlough, at their regular rate of pay for actual time spent during the physical agility screening. I believe this outlines our verbal agreement. If you concur, please sign below and return one original for our files. If you have any questions or concerns, please contact me at (253) 859-6832. Sincerely, Anh Hoang Senior Employee Services Analyst Signature: /J� dz4w Ken troup, Business Representative Teamster Local 117 220 4th AVENUE SOUTH / KENT,WASHINGTON 98032-5895/TELEPHONE (253)859-3300 CITY OF F ��� _ Jim White, Mayor — d�II(C9t� December 22, 1998 Ken Troup, Business Representative Teamsters Local Union No. 117 553 John Street Seattle WA 98109 RE: Storm Facilities Inspectors Dear Ken: This will confirm our discussion at the November 16, 1998 labor management meeting regarding the two new Storm Facilities Inspectors approved in the 1999 budget. 1. The Teamsters Union agrees that the Storm Facilities Inspector positions approved in the 1999 budget are non-represented positions. 2. Due to the unique circumstances surrounding Lyle Bush, the City agrees to grandfather Mr. Bush as a Teamster member in his position as Storm Facilities Inspector. Mr. Bush's salary is currently under review pending the completion of a reclassification by the Employee Services Department. 3. The grandfathering of Mr. Bush into the Storm Facilities Inspector shall not be deemed to be precedent setting. 4. At such time as Mr. Bush vacates his position as a Storm Facilities Inspector, the position shall be refilled as a non-represented position. I believe this outlines our verbal agreement. If you concur, please sign below and return one original for our files. If you have any questions or concerns, please contact me at (253) 859-6832. Sincerely, Anh Hoang Senior Employee Services Analyst Signature: C40 Ken Troup, Busines6 Representative Teamster Local 117 220 4th AVENUE SOUTH / KENT,WASHINGTON 98032-5895/TELEPHONE (253)859-3300