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HomeMy WebLinkAboutCAG1993-0030 - Original - AFSCME 1993-1994 Labor Agreement CITY OF KENT AND WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES UNION, LOCAL 21-K 1993 - 1994 LABOR AGREEMENT INDEX Page No. PREAMBLE 1 ARTICLE 1 RECOGNITION AND BARGAINING UNIT 1 ARTICLE 2 UNION MEMBERSHIP AND DUES DEDUCTION 2 ARTICLE 3 SENIORITY 2 ARTICLE 4 HOURS OF WORK 3 ARTICLE 5 OVERTIME 4 ARTICLE 6 UNION ACTIVITIES 4 ARTICLE 7 GRIEVANCE PROCEDURE 5 ARTICLE 8 DISCIPLINARY ACTION BY THE EMPLOYER 7 ARTICLE 9 WORK STOPPAGES AND EMPLOYER PROTECTION 7 ARTICLE 10 MANAGEMENT RIGHTS 7 ARTICLE 11 CONTRACTING WORK 8 ARTICLE 12 CITY COUNCIL AGENDAS/MINUTES 8 ARTICLE 13 PAY PERIOD 8 ARTICLE 14 WAGES, CLASSIFICATIONS AND MINIMUM RATES OF PAY 8 ARTICLE 15 NEW EMPLOYEES 9 ARTICLE 16 HOLIDAYS 9 ARTICLE 17 ANNUAL LEAVE 10 ARTICLE 18 SICK LEAVE 11 ARTICLE 19 JURY DUTY 12 ARTICLE 20 DEATH IN FAMILY/FUNERAL LEAVE 13 ARTICLE 21 PENSION 13 ARTICLE 22 WORKERS' COMPENSATION PROGRAM 13 ARTICLE 23 INSURANCE 13 ARTICLE 24 EDUCATION AND CONFERENCE 14 ARTICLE 25 LABOR MANAGEMENT COMMITTEE 15 ARTICLE 26 HEALTH AND SAFETY 15 ARTICLE 27 NON-DISCRIMINATION 15 ARTICLE 28 MILITARY LEAVE 16 ARTICLE 29 PRIORITY OF STATE AND CITY LAWS/SAVINGS CLAUSE 16 ARTICLE 30 ALCOHOL OR DRUGS IN THE WORK PLACE 16 ARTICLE 31 NO SMOKING POLICY 17 ARTICLE 32 SEVERANCE PAY 17 ARTICLE 33 ENTIRE AGREEMENT 17 ARTICLE 34 DURATION is SCHEDULE A 19 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. ARTICLE 1 - RECOGNITION AND BARGAINING 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 Department of Finance,whose positions are allocated to classifications listed on Schedule A. Excluded Employees The following employees shall be excluded from the bargaining unit: A. Finance Director B. All other represented employees of the City C. All supervisors and confidential employees. D. All employees classified as other than regular full-time or regular part-time who work less than seven (7) hours per week and who have worked less than a total of 365 hours. E. All other employees of the City F. 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. G. Temporary employees shall not be used to supplant or replace bargaining unit employees. No temporary employee shall work more than six (6) calendar months in a given calendar year, except as specified in Sub-section "D", as set forth under Article 1 - Excluded Employees. The City shall notify the Local Union President of all temporaries performing bargaining unit work. H. Probationary employee is an employee who has never accrued seniority under this Agreement, or an employee rehired after termination of seniority, who shall be in a probationary status until he has completed three (3) months of continuous full time employment with the City. The discipline or discharge of an employee who is in probationary status shall not be in violation of this Agreement. 1 ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION Except as provided below, it shall be a condition of employment that all employees of the Employer covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement shall remain in good standing and those who are not members on the effective date of this Agreement shall, on or before the thirty-first (31st) day following the effective date of this Agreement become and remain members in good standing in the Union. 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 RCW 41.56.122, the amount equivalent to union dues and initiation fees shall be held in an escrow account. Neither party shall discriminate against any employee on account of membership in or nonmembership in any labor union or other employee organization. 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 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 on account of any checkoff of Union dues. The Union agrees to refund to the City any amounts paid to it in error on account of the checkoff provision 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. ARTICLE 3 - SENIORITY 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 the probationary period set forth herein. 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 solely 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 layoffs, recalls, reduction in force, shift selection, temporary upgrades, and job vacancies. 2 No bargaining unit employee may be laid off if there are temporary employees working in the bargaining unit. No temporary employees may be utilized in the Bargaining Unit while regular employees are on layoff. No bargaining unit member may be laid off without being given thirty (30) calendar days notice. The City will supply the Union with updated seniority lists at least once during a given six 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 consecutive working days without notifying the City; or D. is laid off and fails 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 reports for work within a reasonable time; or F. is laid off for a period in excess of one (1) year; or G. retires or is retired. Permanent job vacancies within the bargaining unit shall be posted on a bulletin board within the Finance Department for five (5) calendar days. Any qualified bargaining unit employee may apply for a vacancy and will be given an interview. The City may also fill the vacancy from outside the bargaining unit, as the City deems appropriate, if the outside applicant possesses greater skill and ability, as reasonably determined by the City, than a present employee applying for the vacancy. Employees assigned to a new position in the bargaining unit may revert back to their prior position without prejudice within the first thirty (30) days of the assignment. ARTICLE 4 - 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. Alternate schedules, as agreed to by employer and Union, may be utilized. 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. 3 Any employee who is temporarily assigned to perform substantially all of the duties of a higher paying job classification for periods of five full shifts or more, shall be paid at the rate of the higher classification. Provided, however, the employee will only be paid the higher rate if his temporary assignment equals or exceeds five full shifts or more and such assignment has been communicated in writing by the Finance Director to the affected employee. Except in emergency situations, all employees will be granted one paid fifteen (15) minute rest period during each one-half (1/2) shift, at the middle of each one-half (1/2) shift whenever feasible. Emergency situations are defined as situations where injury to persons, loss of life and/or serious public or private property damage are possible. Employees whose work requires personal clean-up prior to leaving the Employer's premises or job site shall be allowed necessary time for doing so prior to the end of the shift. ARTICLE 5 - OVERTIME 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 time worked over eight hours in any one day exclusive of the lunch period shall be paid at a rate of time and one-half. Employees required to work on a sixth consecutive day shall be paid at the rate of time and one-half. Employees required to work on a seventh consecutive day shall be paid at the rate of time and one-half. Call-back shall be defined as all time worked in excess of a scheduled shift, which is not an extension of that shift, and is unanticipated, unforeseen, and not a regular function of the employee's work schedule. Employees called back to work shall be paid a minimum of two hours at the rate of time and one-half. Employees who must attend regularly scheduled meetings before or after their normal work hours shall be paid a one (1) hour minimum at the time and one-half rate. Overtime shall be offered evenly to those employees qualified to do the job within the affected job classifications. Employees shall have the right to request compensatory time off at the same ratio as the overtime rate in lieu of cash payment for overtime, provided, however, that such 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. ARTICLE 6 - UNION ACTIVITIES 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,PERC 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. 4 The Union representative shall be allowed access at reasonable times to facilities of the City wherein the employees covered under this contract 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 (Finance 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 Finance Director within ten (10) minutes after his arrival at City facilities. Employees whose regular work schedule is a swing shift or a night shift, shall be allowed one hour per month without pay for the purpose of attending Union meetings. However, employees may elect to use either annual leave or comp-time, if available, for time spent attending Union meetings. The City shall permit the reasonable use of a bulletin board by the Union for the posting of notices relating to Union business. The bulletin board will be located in the Finance Department. Shift personnel may receive Union notices in their City mailboxes. Designated Union Representatives exercising their rights under the provisions of Section A of this article who fail to first notify their supervisor or designee will be subject to being charged leave without pay for their absence from their assigned duties, or other disciplinary action. 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. ARTICLE 7 - GRIEVANCE PROCEDURE Grievance or Dilute over Provisions of Agreement A procedure is hereby established as a means to resolve grievances. Grievance shall be defined as a claim or dispute by an employee or group of employees with respect to a violation of the express provisions of this Agreement. Grievances 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, 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 five (5) working days after being notified of the grievance. The grievant shall refer the matter 5 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 be submitted to the Department Head by the aggrieved employee and/or the Union within seven (7) 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 five (5)work days with the City and representatives of the Union. Following that meeting the party responding to the grievance shall give its written response within five (5) working days of the completion of the meeting. Step 3 Grievances not settled within five (5) working days following Step 2 shall then be presented by the Employee and/or the Union directly to the City Administrator or his designee. A meeting shall be arranged within five (5) working days between the City and the representatives and the Union. The City Administrator shall then submit a decision, in writing, on the grievance within ten (10) working days from the completion of Step 3 meeting. Copies of the decision shall be provided to the filing party and/or its representative. 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 City Administrator or his designee is unsatisfactory to the parties presenting the grievance, the grievance may, within ten (10) working days, be submitted to arbitration. The Union and City shall mutually select an arbiter under American Arbitration Association Labor Arbitration Rules. If referred to arbitration: (1) the arbitrator's decision shall be final and binding (2) the arbitrator shall be empowered to render a decision based on interpretation of the contract only and shall not add or delete from the provisions of this Agreement, and (3) the arbitrator shall render a decision within forty-five (45) 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 B. 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 Business Agent 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 Step 4. 6 ARTICLE 8 - DISCIPLINARY ACTION BY THE EMPLOYER No employee shall be disciplined nor discharged except for 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 action 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. This clause shall not, however, prevent the Union from affording to its members such representation in any other proceedings as it may see fit. Any changes due to the application of City policy that significantly impacts discipline in a negative manner shall be negotiated with the Union prior to implementation. ARTICLE 9 - WORK STOPPAGES AND EMPLOYER PROTECTION 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. 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 during the term of this agreement. Disciplinary Measures by Employer Any employee who commits any act prohibited in this Article will be subject to the following penalties. A. Discharge B. Other disciplinary action as may be applicable to such employee. ARTICLE 10 - 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 7 assign work; to establish work and productivity standards and, from time-to-time, to change those 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 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 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 prior to contracting out the 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 PERIOD The Employer shall pay all employees twice each month. Whenever practicable, the City shall pay all regular employees on the fifth and twentieth of each month. In the event the fifth or twentieth falls on Saturday, Sunday or holiday (Monday only), the pay date shall be the preceding Friday. If an employee is leaving on vacation, an early check request authorized by the City may be granted. Any employee who is laid off or terminated shall receive all moneys due him within one week of termination, excluding weekends. ARTICLE 14 - WAGES CLASSIFICATIONS AND MINIMUM RATES OF PAY 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 Schedule A of this Agreement. Classifications/Job Descriptions Job descriptions and classification descriptions for all represented positions are to be provided to the Union within ninety (90) calendar days after signing the contract. Within forty (40) calendar days, the City will provide the Union with job descriptions and job classification descriptions for any substantial changes to existing jobs or any new positions created. 8 Longevity Longevity benefits shall be provided in accordance with City policy. The following longevity premium pay shall apply: 1. After 5 consecutive years of service - $25 per month 2. After 10 consecutive years of service - $35 per month 3. After 20 consecutive years of service - $50 per month It is further agreed that any future adjustments in longevity pay shall be established between Management and the Union. ARTICLE 15 - NEW EMPLOYEES New employees shall be considered as serving a probationary period during the first three months of employment. During this time, no grievances shall be brought by or on behalf of such employees. When special conditions exist, the City may extend the probationary period up to three (3) additional months in lieu of termination. The City shall notify the Union when an extension of the probationary period is deemed appropriate. ARTICLE 16 - HOLIDAYS Holiday benefits shall be provided in accordance with City policy. Any changes due to the application of this policy that significantly impacts holidays in a negative manner, shall be negotiated with the Union prior to implementation. Observed Dates The following holidays shall be paid holidays for all employees covered by this Agreement. 1993 1994 New Year's Day 1/1/93 (Dates to be determined) Martin L. King's Birthday 1/18/93 President's Day 2/15/93 Memorial Day 5/31/93 Independence Day 7/5/93 Labor Day 9/6/93 Veteran's Day 11/11/93 Thanksgiving Day 11/25/93 Day After Thanksgiving 11/26/93 Christmas Day 12/24/93 Floating Holiday In accordance with City policy Other holidays as proclaimed by the Mayor and/or City Council. 9 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. Effective January 1, 1990 all Vacation, Sick Leave and Holiday accrual for regular Part-time Employees covered by this contract shall be accrued on the basis of hours budgeted. Effective January 1, 1991 all Vacation, Sick Leave and Holiday accrual for Regular Part-time Employees covered by this contract shall be accrued on the basis of hours worked. (See formula below.) Effective January 1, 1992 all Vacation, Sick Leave and Holiday accrual for Regular Part-time Employees covered by this contract shall be accrued on the basis of hours worked. (See formula below.) An initial accrual will be made at the budgeted amount. Following the month end payroll regular part-time employees who worked a greater number of hours than budgeted should determine if they are entitled to an additional accrual. The additional accrual is calculated by dividing total hours worked in the month by 21.66. If this number exceeds the budgeted accrual by .5 or more, a memo should be routed to payroll through the employee's supervisor. The memo should show the calculation rounded to the nearest .5 hours. The previous timesheets showing total hours should be attached. An employee cannot earn more than the full time accrual rates. The request needs to be made on a monthly basis and thus cannot be accumulated over a number of months. ARTICLE 17 - ANNUAL LEAVE Annual Leave Members of the bargaining unit shall receive annual leave benefits consistent with the uniform policy in effect for all nonrepresented employees of the City of Kent. Any changes due to the application of this policy that significantly impacts annual leave in a negative manner, shall be negotiated with the Union prior to implementation. COMPLETION OF: ANNUAL VACATION HOURS 1-4 years 96 hours 5-9 years 120 hours 10-12 years 136 hours 13-16 years 144 hours 17-19 years 152 hours 20 years and thereafter 160 hours Schedulim! 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 leaves shall be scheduled February 1 through March 31 annually, with proper notification given to all employees. 10 If two or more employees request annual leave at the same dates, and it is not feasible to allow the employees so requesting annual leave to take leave during the same period, then preference shall be granted on the basis of seniority, provided the departmental policy for requesting annual leave has been complied with by the senior person. Annual leave requests initiated at times other than during this period shall not interfere with scheduled vacations. ARTICLE 18 - SICK LEAVE Members of the bargaining unit shall receive sick leave benefits consistent with the uniform policy in effect for all nonrepresented employees of the City of Kent. Any changes due to the application of this policy that significantly impacts sick leave in a negative manner shall be negotiated with the Union prior to implementation. Incentives. In order to provide an incentive for using sick leave only as necessary, members of the unit shall be entitled to bonus days off for non-use of sick leave during a calendar year. Employees who use no sick leave in a calendar year shall be entitled to 2 bonus days off in the following year. Employees who use up to 16 hours sick leave in a calendar year shall be entitled to 1 bonus day off. Use of bonus days shall not affect sick leave balances. Bonus days will be included in and used as vacation days. Sick Leave Uses Sick leave credit may be used 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. - Employee medical or dental appointments. - Care of family members as required by either State or Federal Law. Prompt Notification Employees incapacitated by illness or injury shall notify their immediate supervisor as close to scheduled starting time as possible that he/she is to report for duty. 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. 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. 11 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. Accrual Rate Sick leave shall accrue at the rate of one day for each calendar month of service accumulative to a maximum of 120 days. Physician's Statement - 3 Days 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. Family Care Family care sick leave. For purposes of family care sick leave, the immediate family shall be defined as spouse, child, parent and any person continuously residing in the employee's household. Additionally, for valid reasons use of sick leave under this section shall not be less than provided by state statute. Wellness Proi4ram The City agrees to maintain a wellness program to educate and encourage healthy lifestyles among bargaining unit members. ARTICLE 19 - JURY DUTY Employees shall receive leave for jury duty in accordance with applicable City ordinance. It is the policy of the City to have its employees take part in the governmental process. Therefore, leaves of absence will be granted to those who are compelled to attend court as a result of their employment with the City. 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 policy 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. Any changes due to the application of this policy that significantly impacts jury duty in a negative manner shall be negotiated with the Union prior to implementation. Upon receiving the sum paid for jury service, or witness fee, the Employee shall submit the warrant, or its equivalent to the City. Compensation received for such service during hours normally worked must be assigned to the City of Kent. 12 ARTICLE 20 - DEATH IN FAMILY/FUNERAL LEAVE Members of the bargaining unit shall receive leave with pay for death in family/funeral leave purposes consistent with the uniform policy in effect for all nonrepresented employees of the City of Kent. Any changes due to the application of this policy that significantly impacts funeral leave in a negative manner, shall be negotiated with the Union prior to implementation. ARTICLE 21 - PENSION Pension for employees and contributions to Public Employees' Retirement System (PERS) will be governed by Washington State Statute. ARTICLE 22 - WORKERS' COMPENSATION PROGRAM Workers' compensation benefits shall be provided in accordance with City policy. Any changes due to the application of this policy that significantly impacts workers compensation in a negative manner, shall be negotiated with the Union prior to implementation. Employees injured on-duty and qualified 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 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 23 - INSURANCE Medical/Dental Coverage Medical/Dental coverage shall be provided in accordance with City Policy. Coverage will be available for employees and their eligible dependents. The plan(s) offered are those offered to all nonrepresented employees. The City shall contribute toward the purchase of such coverage in an amount equal to that provided nonrepresented employees. City contributions will vary depending upon family size. City contributions toward employee and dependent coverage will be the same as for nonrepresented employees during the life of this Agreement. City Contribution-Medical/Dental Coverage For the contract period, the following health care plans will be offered to eligible employees: 1. Blue Cross of Washington and Alaska A. Traditional Plan B. Standard Plan (Prudent Buyer) 2. Group Health Cooperative (HMO) However, the City reserves the right to change carriers based upon comparable benefits and cost-effectiveness of such a change. 13 A) Blue Cross Prudent Buyer Plan with Dental, Orthodontia and Vision City Contribution Employe Em I S s Empl/Children Family 1993 $220.00/mo $416.00/mo $374.00/mo $570.00/mo B) Blue Cross Traditional City Contribution Employee Em 1 S s Empl/Children Family 1993 $220.00/mo $416.00/mo $374.00/mo $570.00/mo C) HMO Medical Option with Dental and Orthodontia City Contribution Employee Em 1 S s Empl/Children Familv 1993 $197.00/mo $384.00/mo $368.00/mo $521.00/mo Employee Contribution-Medical/Dental 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 1993 calendar year, effective 1-1-93, provided, however the maximum amount contributed shall not exceed the amount charged by Blue Cross or Group Health for family dependent premiums. PLANS OFFERED Traditional Prudent Buyer Group Health Employee Only $ 0 $ 0 $ 0 Employee/Spouse $ 58.00 $24.00 $ 34.00 Employee/Child $ 46.00 $16.00 $ 21.00 Employee/Spouse/Child $115.00 $40.00 $ 80.00 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. Coverage may be provided in whole or in part through the medical program specified in this Labor Agreement. ARTICLE 24 - EDUCATION AND CONFERENCE 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 is required by the City. 14 Employees who conduct authorized, official City business or participate in conferences as official representatives of the City while outside the City shall be reimbursed in such amounts and for such purposes as authorized by City ordinance. Tuition reimbursement for educational courses applicable to an employees job will be granted in accordance with City policy. Any changes due to the application of this policy that significantly impacts tuition reimbursement in a negative manner, shall be negotiated with the Union prior to implementation. 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. It is understood and agreed that the purpose of this committee does not include the hearing of formal grievances brought under the provisions of Article 8 of this Agreement. ARTICLE 26 - HEALTH AND SAFETY 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 safety and health are in danger due to an alleged unsafe working condition, or alleged unsafe equipment, he shall inform his 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. The City shall provide uniforms for those employees who are required to wear them as part of their employment. ARTICLE 27 - NON-DISCRIMINATION Whenever words denoting the feminine or masculine gender are used in this Agreement, they are intended to apply equally to either gender. The City and the Union agree not to discriminate against any employee for exercising his or her legal rights to organize and bargain collectively under the Public Employees Collective Bargaining Act (R.C.W. Chapter 41.56). The City and the Union further agree that there shall be no discrimination against any employee because of membership or nonmembership in the Union, sex, race, color, creed, 15 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 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 2.13." ARTICLE 28 - MILITARY LEAVE Any employee of the City who is 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 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 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 pursuant to City Policy Number 7.1.1. 16 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 will establish a reasonable No Smoking Policy which members of the bargaining unit will comply with. The policy will be based upon a mutually agreed cessation program. The Union will be requested to participate in any such policy formulation. ARTICLE 32 - SEVERANCE PAY Employees who are laid-off from the City shall be eligible for severance pay equal to the vacation accrual for the year in which severance from employment occurred or up to twenty-two (22) work days pay,whichever is greatest. Application for severance pay will indicate that the employee waives all claims for recall or reinstatement and shall not be calculated into any retirement benefit. ARTICLE 33 - ENTIRE AGREEMENT The agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statements shall add to or supersede any of its provisions. The parties agree that this Agreement is their complete Agreement and that all agreements between the parties are merged into this Agreement. No issues negotiated by this Agreement are subject to mandatory negotiation during the term of this Agreement, but they may be modified by mutual agreement in writing. This agreement constitutes the negotiated agreement between the City and the Union and supersedes any previous agreements or undertakings, whether oral or written, between the parties or between the City and included employees. 17 ARTICLE 34 - DURATION This Agreement shall become effective on January 1, 1993 and shall remain in full force and effect through December 31, 1994. However, salaries for bargaining unit employees shall become effective July 1, 1993, as outlined in Schedule A. {_ Signed the _ day of i t ,-' t 193.,� at Kent, Washington. CITY OF KENT WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES BY UNION, LOCAL 21-K Dan Kelleher,\ Mayor BY BY (-No n ki ICU t BY Don L Olso Jr. ions T m Member , Human Resources Director BY N gotiations T m Member Approved B Approved R Lubo ich, City ttorney Negotiations Team Member 18 SCHEDULE A Salaries for covered bargaining unit employees shall be provided as follows effective July 1, 1993 . Employee Classifications ----------------------------- PAY STEP AND MONTHLY SALARY CITY JOB TITLE RANGE A B C D E Accountant 34 3 , 029 3 , 177 3 , 338 3 , 505 3 , 685 Accounting Svcs Asst II 18 2 , 037 2 , 140 2 , 249 2 , 369 2 , 488 Accounting Svcs Asst III 22 2 , 249 2 , 369 2 , 488 2 , 618 2 , 744 Accounting Technician 25 2 , 424 2 , 547 2 , 672 2 , 808 2 , 950 Administrative Asst I 22 2 , 249 2 , 369 2 , 488 2 , 618 2 , 744 Budget Analyst 30 2 , 744 2 , 883 3 , 029 3 , 177 3 , 338 Custodian I 15 1, 897 1, 989 2 , 090 2 , 194 2 , 308 Custodial Lead 27 2 , 547 2 , 672 2 , 808 2 , 950 3 , 104 Customer Svcs Asst II 18 2 , 037 2 , 140 2 , 249 2 , 369 2 , 488 Customer Svcs Asst III 22 2 , 249 2 , 369 2 , 488 2 , 618 2 , 744 Deputy City Clerk 25 2 , 424 2 , 547 2 , 672 2 , 808 2 , 950 Graphics Art Specialist 20 2 , 140 2 , 249 2 , 369 2 , 488 2 , 618 Graphics Art Spclst Lead 27 2 , 547 2 , 672 2 , 808 2 , 950 3 , 104 Payroll/Benefits/Tax Analyst 30 2 , 744 2 , 883 3 , 029 3 , 177 3 , 338 Printing Technician 20 2 , 140 2 , 249 2 , 369 2 , 488 2 , 618 Word Processing Spclst II 21 2 , 194 2 , 308 2 , 424 2 , 547 2 , 672 Treasury Services Lead 27 2 , 547 2 , 672 2 , 808 2 , 950 3 , 104 Effective on or about October 1, 1993 , this Agreement may be reopened by the Union for the express purpose of negotiating 1994 salary rates and medical benefits only for members of the bargaining unit covered under provisions of this Agreement.