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HomeMy WebLinkAboutCAG1995-0031 - Original - AFSCME 1995-1997 Labor Agreement CITY OF KENT AND WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES UNION, LOCAL 21-K 1995 - 1997 LABOR AGREEMENT A:1AF95FNL.WPD(KF 05/11195) INDEX Page No. PREAMBLE 1 ARTICLE 1 RECOGNITION 1 Section 1.1 Recognition of Unit 1 Section 1.2 Excluded Employees 1 Section 1.3 Temporary Employees and Dispute Resolution 1 Section 1.4 Dispute Resolution 1 ARTICLE 2 UNION MEMBERSHIP & DUES 2 Section 2.1 Union Membership 2 Section 2.2 Dues Deduction 2 ARTICLE 3 SENIORITY & EMPLOYMENT PRACTICES 2 Section 3.1 Seniority 2 Section 3.2 Personnel Reduction 3 Section 3.3 Severance Pay 4 Section 3.4 Notification for Recall 4 Section 3.5 Recalls 4 Section 3.6 Job Vacancies 5 ARTICLE 4 HOURS OF WORK 5 Section 4.1 Hours of Work 5 Section 4.2 Alternative Work Schedules 5 Section 4.3 Working Out of Classification 5 Section 4.4 Lunch & Rest Periods 5 ARTICLE 5 OVERTIME, COMPENSATORY TIME, & CALL BACK 6 Section 5.1 Overtime 6 Section 5.2 Call Back 6 Section 5.3 Compensatory Time 6 ARTICLE 6 UNION ACTIVITIES 7 Section 6.1 Attendance at Meetings 7 Section 6.2 Bulletin Boards 7 Section 6.3 Employee Upholding Union Principles/Performing Duties 7 ARTICLE 7 GRIEVANCE PROCEDURE 7 Section 7.1 Grievance or Dispute Over Provisions of Agreement 7 Section 7.2 Grievance Against Union 9 ARTICLE 8 DISCIPLINARY ACTION BY THE EMPLOYER 9 Section 8.1 Disciplinary Action 9 Section 8.2 Disciplinary Records 9 A:1AF95FNL.WPD(KF 05/11/95) 1 ARTICLE 9 WORK STOPPAGES & EMPLOYER PROTECTION 10 Section 9.1 Work Stoppages Defined 10 Section 9.2 Back to Work Order 10 Section 9.3 Disciplinary Measures by Employer 10 ARTICLE 10 MANAGEMENT RIGHTS 10 ARTICLE 11 CONTRACTING WORK 11 ARTICLE 12 CITY COUNCIL AGENDAS/MINUTES 11 ARTICLE 13 PAY PERIODS 11 ARTICLE 14 WAGES, CLASSIFICATIONS, & LONGEVITY 11 Section 14.1 Wages 11 Section 14.2 Job Descriptions & Reclassification Requests 12 Section 14.3 Longevity 12 ARTICLE 15 NEW EMPLOYEES 12 ARTICLE 16 HOLIDAYS 12 Section 16.1 Holidays Observed 12 Section 16.2 Holiday Compensation 13 Section 16.3 Holiday Work 13 ARTICLE 17 ANNUAL LEAVE 13 Section 17.1 Annual Leave Accrual 13 Section 17.2 Scheduling Annual Leave 14 ARTICLE 18 SICK LEAVE 14 Section 18.1 Sick Leave Accrual 14 Section 18.2 Use of Sick Leave 14 Section 18.3 Prompt Notification 15 Section 18.4 Sick Leave Abuse 15 Section 18.5 Conditions Not Covered 15 Section 18.6 Physician's Statement 15 Section 18.7 Wellness Program 15 Section 18.8 Sick Leave Incentive Program 16 ARTICLE 19 JURY DUTY AND COURT APPEARANCES 16 ARTICLE 20 BEREAVEMENT LEAVE 16 Section 20.1 Use of Bereavement Leave 16 Section 20.2 Immediate Family 16 Section 20.3 Use of Sick Leave to Supplement Bereavement Leave 17 ARTICLE 21 PENSION 17 A:1AF95FNL.WPD(KF 05111/95) 11 ARTICLE 22 WORKERS' COMPENSATION PROGRAM 17 ARTICLE 23 INSURANCE 17 Section 23.1 Medical/Dental Plans 17 Section 23.2 Employee Contribution - Medical/Dental Coverage 17 Section 23.3 Health Care Task Force 18 Section 23.4 Life Insurance 18 Section 23.5 Long Term Disability Insurance (LTD) 18 ARTICLE 24 EDUCATION AND CONFERENCE 18 Section 24.1 Reimbursement for Training 18 Section 24.2 Special Licenses & Certificates 19 ARTICLE 25 LABOR MANAGEMENT COMMITTEE 19 ARTICLE 26 HEALTH & SAFETY 19 Section 26.1 Working Conditions 19 Section 26.2 Uniforms & Safety Gear 19 Section 26.3 Personal Tools 20 ARTICLE 27 NON-DISCRIMINATION 20 ARTICLE 28 MILITARY LEAVE 21 ARTICLE 29 PRIORITY OF STATE AND CITY LAWS/SAVINGS CLAUSE 21 ARTICLE 30 ALCOHOL OR DRUGS IN WORK PLACE 21 Section 30.1 Drug Free Workplace 21 Section 30.2 Drug &Alcohol Testing 22 ARTICLE 31 NO SMOKING POLICY 22 ARTICLE 32 JOB ROTATION 22 ARTICLE 33 VOLUNTEERS 22 ARTICLE 34 ENTIRE AGREEMENT 22 ARTICLE 35 DURATION 24 A:1AF95FNL.WPD(KF 05/11/95) i 11 PREAMBLE This Agreement is between the City of Kent (hereinafter called the City), and Local 21-K, 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 conditions of employment 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 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 full- time and regular part-time employees who work for the City of Kent in the following departments/divisions: Finance, Fire Administration, Planning Administration, Development Services, Parks Maintenance, Public Works Operations, Information Services, City Clerk, Fire Prevention, and whose positions are allocated to classifications listed on Schedule A. 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 PERC; C. All employees classified as temporary, as defined in Section 1.3. Section 1.3 - Temlorary Employees 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. 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 (PERC) for determination. Failing agreement of the parties, pending resolution, bargaining unit members shall remain members. A:1AF95FNL.WPD(KF 05/11/95) 1 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(31st) 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 (31) day period shall not begin to run until the dispute has been resolved through the appropriate proceedings. In accordance with RCW 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 RCW 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 - Seniority A:1AF95FNL.WPD(KF 05/11/95) 2 Seniority shall,for the purpose of this Agreement, be defined as an employee's length of continuous service with the City within the bargaining unit measured in calendar days, on or after the employee's most recent date of hire Seniority shall not accrue to a probationary employee until completion of a six (6) month probationary period In all applications of seniority under this Agreement,the ability of the employee shall mean the qualifications and ability of an employee as to be determined by the City to perform the required work Where ability and qualifications to perform the required work are, among the employees concerned, relatively equal, seniority as defined above shall govern, in shift selection, temporary upgrades, and job vacancies The City will supply the Union with updated seniority lists at least once during a given six(6) month period Seniority and the employment relationship shall be terminated when an employee- A quits, or B is discharged for just cause, or C is absent for three (3) consecutive working days without notifying the City unless there are extenuating circumstances beyond the employee's control, or D is laid off and fads to report for work within three (3) working days after having been recalled, or E. does not report for work within forty-eight(48) hours after the termination of an authorized leave of absence An extension of time will be granted if the employee could not report for work within forty-eight (48) hours but notifies the respective supervisor, or F. is laid off for a period in excess of one (1) year, or G retires or is retired Section 3 2 - 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 1,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 thejob,the more senior employee shall have the option of bumping the less senior employee 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 p lumon\afscme197start 3 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 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 1 of this Agreement No bargaining unit member may be laid off without being given thirty (30) calendar days notice Section 3 3 - 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 terminations and other terminations not classified as layoff are excluded from the provisions of this section Section 3 4 - 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 18 months from the date of lay- off or reduction Refusal to accept regular full-time employment offered by the City of Kent during this 18 month period shall terminate the employee's notification right Section 3 5 - Recalls A 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 1 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 B 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 p lunionlafscme197start 4 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 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 3.6 - Job Vacancies Permanent job vacancies within the bargaining unit shall be posted on a bulletin board within each department for five (5) working days. Any qualified City employee 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. 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 4 - HOURS OF WORK Section 4.1 - Hours of Work 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. Section 4.2 - Alternative Work Schedules Alternate 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, tele-communications, commuter trip reduction, etc. Section 4.3 - Working Out of Classification Any employee who is temporarily assigned to perform substantially all of the duties of a higher paying job classification during a time period consisting of 7 consecutive days (inclusive of work and non-work days) or more, shall be paid at the rate of the higher classification. Such assignments shall be communicated in writing by the Department or Division Director/Manager to the affected employee. Section 4.4 - Lunch and Rest Periods All employees shall be granted a lunch period of not less than one-half(1/2) hour nor more than one (1) hour during each work shift. 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. A:1AF95FNL.WPD(KF 05/11/95) 5 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 All regular full-time employees shall be paid at the rate of time and one-half their regular rate of pay for all time worked in excess of their normal forty (40) hour work week. In computing overtime, the nearest one-half(1/2) 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. All regular part-time employees who work in excess of forty (40) hours in a work week, or eight (8) hours in a work day shall be paid at time and one-half. 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. Employees required to work on a sixth (6th) consecutive day shall be paid at the rate of time and one-half. Employees required to work on a seventh (7th) consecutive day shall be paid at the rate of time and one-half. Overtime shall be offered evenly to those employees who normally perform the work within the same work unit. 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. Employees called back to work shall be paid a minimum of two (2) 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 head determines that the operational effectiveness of the City would be impaired by such action or that Fair Labor Standards Act (FLSA) guidelines relating to the expenditure of compensatory time will be violated. 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. A:1AF95FNL.WPD(KF 05/11/95) 6 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 Human Resources 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 Human Resources 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, shall be allowed to adjust their work schedule with prior supervisory approval for the purpose of 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. Shift personnel may receive Union notices in their City mailboxes. Section 6.3 - Employee Upholding Union Principles/Performing 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. 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, the grievance process shall continue. Grievances shall be resolved in the following manner. If a grievance is not presented by the employee or the Union within the time limits set forth below, A:1AF95FNL.WPD(KF 05/11/95) 7 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. Step 1 A grievance shall be presented verbally or in writing by the aggrieved employee and/or his/her Union Representative within ten (10) working days of the alleged contract violation to the employee's immediate supervisor. The immediate supervisor should consult and/or arrange a meeting with the employee's supervisor(s) if 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. The grievant shall refer the matter to a designated representative for investigation and determination of whether the grievance shall be referred to Step 2. The designated representative shall be given reasonable time off with pay for this purpose. 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 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 within ten (10) working days of completion of the meeting in Step 2 shall then be presented by the Employee and/or the Union directly to the Mayor or his/her designee. A meeting shall be arranged within ten (10) working days between the City, 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. If resolved, the basis for resolution shall be reduced to writing and signed by both parties. Step 4 In the event the decision reached by the Mayor or his/her designee is unsatisfactory to the parties presenting the grievance, the grievance may, within ten (10) 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 A:1AF95FNL.WPD(KF 05/11/95) 8 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 by the non-prevailing party. The Arbitrator shall designate the non-prevailing party in his/her award. Section 7.2 - 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) days of occurrence. The Union shall attempt to resolve the matter within thirty (30) days of receipt. Step 2. If the matter is not satisfactorily resolved at Step 1, the City may within fifteen (15) working days refer the matter to arbitration using the procedure outlined in Section 7.1 - 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, where appropriate. Disciplinary action may include the following progressive steps: 1. Oral reprimand 2. Written reprimand 3. Suspension or demotion 4. Discharge It is understood that these steps are not necessarily sequential. 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 Records Records of a disciplinary action against an employee shall be removed from the employees personnel file in accordance with the following schedule as long as there has been no recurrence of similar conduct: Written reprimand - two (2) years Suspension - three (3) years Demotion - three (3) years for written notification. The personnel action form (PCR) becomes a permanent part of the employment record. A:1AF95FNL.WPD(KF 05/11/95) 9 ARTICLE 9 - WORK STOPPAGES AND EMPLOYER PROTECTION Section 9.1 -Work Stoppages Defined The City and the Union agree that the public interest requires efficient and uninterrupted performance of all City services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective. Specifically, the Union shall not cause or condone any work stoppage, including any strike, slowdown, refusal to perform any customarily assigned duties, sick leave absence which is not bona fide, or other interference with City functions by employees under this Agreement and should same occur, the Union agrees to take appropriate steps to end such interference. Any concerted action by any employee in any bargaining unit shall be deemed a work stoppage if any of the above activities have occurred. Section 9.2 - Back to Work Order Upon notification in writing by the City to the Union that any of its members are engaged in a work stoppage, the Union shall immediately in writing, order such members to immediately cease engaging in such work stoppage and provide the City with a copy of such order. The City agrees that it shall not initiate a lockout of bargaining unit employees. Section 9.3 - Disciplinary Measures by Employer Any employee who commits any act prohibited in this Article may be subject to the following penalties: 1. Oral reprimand 2. Written reprimand 3. Suspension (notice to be given in writing) 4. 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 - MANAGEMENT RIGHTS Except as specifically modified by other articles of this Agreement, the Union recognizes the exclusive right of the City to make and implement decisions with respect to the operation and management of its operation in all respects. Such rights include but are not limited to the following: to plan, direct, control and determine all the operations and services of the City; to supervise and direct the working forces; to establish the qualifications for employment and to employ employees; to schedule and assign work; to establish work and productivity standards and, from time-to-time, to change those standards; to determine the utilization of technology; 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 make, alter and enforce reasonable rules, regulations, orders and policies; to evaluate employees abilities and qualifications; to discipline, suspend and discharge employees; to change or eliminate existing methods, equipment or facilities; and to carry out the mission of the City; provided, however, that A:1AF95FNL.WPD(KF 05/11/95) 10 the exercise of any of the above rights shall not conflict with any of the express written provisions of this Agreement. ARTICLE 11 - CONTRACTING WORK The employer agrees not to contract-out bargaining unit work except under the following conditions: - The employer will meet with the Union at least thirty (30) calendar days, except in cases of emergency, prior to contracting out bargaining unit work in order to determine if that work might be more efficiently done in-house. ARTICLE 12 - CITY COUNCIL AGENDAS/MINUTES The City will mail copies of City Council agendas and City Council minutes to the Union. ARTICLE 13 - 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 Human Resources Director or the Finance Director. Any employee who is laid off or terminated shall receive all moneys due him/her within one week of termination, excluding weekends. ARTICLE 14 -WAGES CLASSIFICATIONS AND LONGEVITY Section 14.1 -Wages Effective January 1, 1995, a cost of living adjustment that is equivalent to 100% of the CPI-W Seattle, July to July, shall be applied to all Bargaining Unit classifications and salary ranges listed in schedule "A" of this agreement. Effective January 1, 1996, those wages shall increase by a COLA that is equivalent to ninety percent (90%) of the CPI-W Seattle, July to July, or the COLA given to non-represented employees, whichever is greater. Effective January 1, 1997, those wages shall increase by a COLA that is equivalent to ninety percent (90%) of the CPI-W Seattle, July to July, or the COLA given to non-represented employees, whichever is greater. A probationary "P" 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 "A" step of the pay range. Probationary employees shall serve six (6) consecutive months at the "P" step and upon satisfactory completion of their probationary period, shall advance to the "A" step. The position of Assistant Building Official/Plans Examiner, currently at a range 39, shall be lowered to a range 37 with the understanding that the incumbent will be grandfathered at range 39 with no loss of pay or benefits, including COLA, longevity, etc. A:1AF95FNL.WPD(KF 05/11/95) 11 Section 14 2 - Job Descriptions and Reclassification Requests Job descriptions for all represented employees shall be maintained by the Human Resources 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 Human Resources for an evaluation. Requests for reclassification shall be processed within three (3) months from the date the completed questionnaire has been received by Human Resources. An employee, or supervisor, may appeal the findings of the Human Resources Department by submitting a written appeal to the Director of Operations within ten (10) working days of Human Resources written recommendations. The Director of Operations will provide a written response to the employee within fifteen (15) working days. Section 14.3 - 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 ARTICLE 15 - NEW EMPLOYEES New employees shall be considered as serving a probationary period during the first six (6) months of employment. Probationary employees shall have full access to the grievance procedure except in cases of disciplinary action. ARTICLE 16 - HOLIDAYS Section 16.1 - Holidays Observed The following holidays shall be paid holidays for all employees covered by this Agreement. New Year's Day Martin L. King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Day A:1AF95FNL.WPD(KF 05111/95) 12 Floating Holiday Other holidays as proclaimed by the Mayor and/or City Council. Section 16.2 - Holiday Compensation The parties agree to a trial period for the new holiday leave bank concept. This trial period will commence on the first day of the month following the signing of the contract. The parties agree to meet in January 1996 to determine whether amendments to this section are required. At the request of either party, the holiday leave bank concept may be abolished at which time the parties agree to meet in labor-management and re-draft this section to reflect the previous practice in place at the time of signing of this agreement. A. Regular full-time employees of the bargaining unit shall be entitled to a total of 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 1 st of each year. Employees who would have normally been scheduled to work on a observed holiday shall withdraw either eight (8) hours or the equivalent of their normal work shift from their holiday bank. Employees who would have normally not been scheduled to work on an observed holiday shall have the option, with supervisory approval, of taking their holiday on the workday before or after the holiday in the above withdrawal manner. 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. The floating holiday will only be awarded to newly hired employees beginning work on or before August 31 of a calendar year. Holiday hours not used will be bought back by the City at the end of the year. Employees terminating during the year will be paid eight (8) hours for each holiday occurring up until 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. Regular part-time employees of the bargaining unit shall accrue holiday hours based on their actual hours compensated. Section 16.3 - Holiday Work Employees performing work on the date that any of the above holidays is observed shall receive pay for the holiday plus compensation for actual hours worked at the overtime rate except that employees required to work on Thanksgiving Day or Christmas shall be compensated at the double time rate. ARTICLE 17 -ANNUAL LEAVE Section 17.1 - Annual Leave Accrual Regular full time bargaining unit members shall receive annual leave benefits in accordance with the following schedule: A:1AF95FNL.WPD(KF 05111/95) 13 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 years and thereafter 176 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. Section 17.2 - 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. 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. ARTICLE 18 - SICK LEAVE Section 18.1 - 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. 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. Section 18.2 - 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 A:1AF95FNL.WPD(KF 05/11/95) 14 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 20 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 "D" above, which cannot be scheduled at times other than during working hours. F. Disability of the employee due to pregnancy and/or childbirth. Section 18.3 - Prompt Notification Employees incapacitated by illness or injury shall notify their immediate supervisor within one 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 18.4 - 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. Section 18.5 - 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. Section 18.6 - 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 18.7 -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. A:1AF95FNL.WPD(KF 05/11/95) 15 Section 18 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 Sick Leave Hours Amount of Cash Incentive 0 - 239 No incentive 240 - 479 8 hours base pay 480 - 719 16 hours base pay 720+ 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 ARTICLE 19 - JURY DUTY AND COURT APPEARANCES 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 servejury 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 forjury 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 ARTICLE 20 - BEREAVEMENT LEAVE Section 20 1 - Use of Bereavement Leave Members of the bargaining unit shall receive three (3) days bereavement pay for death in the immediate family Section 20 2 - Immediate Famdv 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 and 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 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 .t p\union\afscme\97start 16 Section 20 3 - Use of Sick Leave to Supplement Bereavement 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 Human Resources 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 Human Resources Director. ARTICLE 21 - 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 22 -WORKERS' COMPENSATION PROGRAM Employees injured on-duty and who qualify 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 23 - INSURANCE Section 23.1 - Medical/Dental Plans Coverage will be available for all regular full time and regular part-time employees and their eligible dependents. The plan(s) offered are: 1. Blue Cross, Enhanced PPO (Prudent Buyer) Plan 2. Group Health Cooperative (HMO) (includes copays and VSP Vision plan effective 1/1/96.) However, the City reserves the right to change carriers based upon comparable benefits and cost-effectiveness of such a change. Sec 23.2 - Employee Contribution-Medical/Dental Coverage Eligible employees shall have dependent coverage available. Employees shall have the option to A:1AF95FNL.WPD(KF 05/11/95) 17 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 Group Health Group Health Prudent Buyer 1995 Rates 1996 Rates Employee Only $ 0 $0 $0 Employee/Spouse $15.00 $ 34.00 $25.00 Employee/Child $10.00 $ 21.00 $15.00 Employee/Spouse/Child $25.00 $ 80.00 $65.00 Section 23.3 - 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 23.4 - 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 23.5 - Long Term Disability Insurance (LTD) Effective the first (1st) of the month following the signing of this contract, 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. ARTICLE 24 - EDUCATION AND CONFERENCE Section 24.1 - Reimbursement for Trainina Employees will be granted reasonable amounts of time off and full financial reimbursement for attending training programs 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. A:1AF95FNL.WPD(KF 05111/95) 18 The City will reimburse employees for costs incurred upon satisfactory completion of pre-approved educational courses. Eligible costs include: A. Tuition B. Books C. Associated fees. Employees covered by this agreement will be reimbursed by the City for above costs with prior approval of the City. Section 24.2 - 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. ARTICLE 25 - 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 26 - HEALTH AND SAFETY Section 26.1 -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 supervisor 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 26.2 - Uniforms and Safety Gear A:1AF95FNL.WPD(KF 05/11/95) 19 The City shall provide uniforms for those employees who are required to wear them as part of their employment as follows: Public Education Specialist: Purchase two (2) pair slacks, three (3) uniform shirts and one (1) skirt (altered as necessary) Fire Mechanics: Purchase five (5) uniforms and lease eleven (11) coveralls, Fire Department approved coats as needed. Building/Grounds Mtc Supv: Five (5) pair pants, five (5) shirts, Fire Department approved coats as needed. Cutodians/Supervisor, Rent and launder eleven (11) shirts, eleven (11) pants, three Printing Technician: (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 the following positions: Combination Building Inspector/Assistant Plans Examiners, Fire Mechanics, and Building/Grounds Maintenance Employees will receive two (2) pairs of Red Wing safety boots per year not to exceed a maximum of$150 per pair. 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 WISHA for affected employees. Section 26.3 - 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. ARTICLE 27 - 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 (RCW Chapter 41.56). The City and the Union further agree that there shall be no discrimination against any employee because of membership or nonmembership in the Union, or other employee organization, sex, 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. The City and the Union representatives shall work cooperatively to assure the achievement of equal employment A:1AF95FNL.WPD(KF 05/11/95) 20 opportunity. 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 28 - MILITARY LEAVE Any employee of the City who is a member of the Washington National Guard or any Federal Reserve military unit shall be entitled to be absent with pay from his or her duties with the City for periods of time up to a cumulative maximum of 15 calendar days or 15 consecutive calendar days during each calendar year while engaging in their performance of officially ordered military duty and while going to or returning from such duty in accordance with the laws of the State of Washington (RCW 38.40.060). Such compensated leaves shall be in addition to any vacation or sick leave benefits. Employees may also request time off utilizing other available leave or leave without pay for other related officially ordered military duty. If an employee is officially ordered to military duty and the beginning of duty occurs on an employee's regularly scheduled day(s) off, then the counting of the cumulative 15 calendar days per calendar year will not begin until the first day following the end of the employee's regularly scheduled day(s) off. ARTICLE 29 - 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 (FLSA), 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 30 -ALCOHOL OR DRUGS IN THE WORK PLACE Section 30.1 - 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. A:1AF95FNL.WPD(KF 05/11195) 21 Section 30.2 - Drug and Alcohol Testing The parties agree that it is important and necessary for the City to have a substance abuse testing procedure established for those employees required to be tested. The parties agree to continue to meet and attempt to reach an agreement on such a procedure. ARTICLE 31 - NO SMOKING POLICY 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. This policy is based upon a mutually agreed cessation program. ARTICLE 32 - 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 33 -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. 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 34 - 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. A:1AF95FNL.WPD(KF 05111/95) 22 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. A:1AF95FNL.WPD(KF 05/11/95) 23 ARTICLE 35 - DURATION This Agreement shall become effective on January 1, 1995 and shall remain in full force and effect through December 31, 1997. Signed the /�-o'- day of MAY 1995, at Kent, Washington. CITY OF KENT WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES UNION, LOCAL 21-K BY �-- BY Rob M. Spraguel Ma` or Staff Representative BY BY ue Viseth Tammy Mc(Yueeney Human Resources Director President BY r C3111 BY aren A. Ford Dea Drake Negotiating Team Member Vice President B BY Bob Hutchinson Barbara Ekstrom Negotiating Team Member Negotiating Team Member BY Laurie Murray r T.C. Nee Negotiating Team Member Negotiating Team Member Approved form: BY er LLBbvich City Attorney Attest By Lj�.a= ' :7)E10U71j' C/TY A:1AF95FNL.WPD(KF 05111/95) 24 SCHEDULE "A" EMPLOYEE CLASSIFICATION PAY RANGE Field Auditor AF 34 Financial Analyst AF 30 Sr. Accounting Technician AF 27 Accounting Technician AF 25 Accounting Services Asst III AF 22 Accounting Services Asst II AF 18 Accounting Services Asst I AF 13 Treasury Services Lead AF 27 Customer Services Representative AF 22 Administrative Assistant II AF 27 Administrative Assistant I AF 22 Administrative Secretary II AF 23 Administrative Secretary I AF 20 Office Technician II AF 16 Deputy City Clerk AF 25 Word Processing/Records Specialist AF 21 Graphics Specialist Lead AF 27 Graphics Arts Specialist AF 20 Printing Technician AF 20 Asst Building Official/Plans Examiner AF 37 Comb Bldg Inspector/Asst Plans Examiner 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 Building & Grounds Maint. Supervisor AF 35 Building & Grounds Maint. Worker AF 20 Custodial Supervisor AF 29 Custodial Lead AF 27 Custodian AF 15 Fire Equipment Maintenance Supervisor AF 37 Fire Apparatus Mechanic AF 33 A:1AF95FNL.WPD(KF 05/11/95) 25 a n a n a a n n a n n n a a a a a a a C v T T T T T T T T T T T T T D < r m ,o •o •00000000 ,o ,0000 ,o •o •o ,o p m rn v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m D a a n n T T a a m T T n T n T T T m n T r W W W W W W W N N N N N N N N Z < •O V N1 r W N O .O V to r W N O Do P u� m T D W W W W W N N N N N N N N N N N N T \ u n tPrl trii .NO W P Oho V o VW vri W V N P toil P O m .O P N N O W O W N N V Z W O W P m D 3 r r W w W w W W W W N N N N N N N N N < W •O V JP to r W N o •O 07 V V P tr r W N V O •0 W W V r �` O P O P coR r P P P N A N 00 N N N N r O •O . . 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