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HomeMy WebLinkAboutCAG1991-014 - Original - Correction Officers 1991-1992 Labor Agreement CITY OF K E N T and UNITED STEELWORKERS OF AMERICA, AFL-CIO CORRECTIONS OFFICERS 1991-1992 LABOR AGREEMENT TABLE OF CONTENTS PAGE PREAMBLE I ARTICLE 1 - RECOGNITION AND BARGAINING UNIT 1 Section 1 .1 Recognition of the Union I Section 1 .2 Attendance - Negotiating Sessions I ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION I Section 2.1 Eligibility 1 Section 2.2 Union Membership 1 Section 2.3 Excluded Employees 1 Section 2.4 Dues Deduction 2 ARTICLE 3 - EMPLOYMENT PRACTICES 2 Section 3. 1 Personnel Reduction 2 Section 3.2 Severance Pay/Notice 3 Section 3.3 Reinstatement Registers 3 Section 3.4 Recalls 3 Section 3.5 Affirmative Action/Nondiscrimination 3 Section 3.6 Personnel Files 4 ARTICLE 4 - HOURS OF WORK AND OVERTIME 4 Section 4.1 Hours of Work 4 Section 4.2 Overtime/Compensatory Time 4 Section 4.3 Overtime Minimum - Call Back 5 Section 4.4 Overtime Pay for Court Appearances 5 Section 4.5 Time Off in Lieu of Pay for Overtime 6 ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES 6 ARTICLE 6 - SICK LEAVE 6 Section 6.1 Sick Leave Policy 6 Section 6.2 On-Duty Injury Leave Provision 6 Section 6.3 Maternity/Paternity Leave 6 ARTICLE 7 - HOLIDAYS 7 7.1 Holidays Observed 7 7.2 Holiday Compensation 7 - i - ARTICLE 8 - EDUCATION ALLOWANCE 8 Section 8.1 General Policy 8 Section 8.2 Class Attendance 8 Section 8.3 Reimbursement for Training 9 ARTICLE 9 - ANNUAL LEAVE 9 Section 9. 1 Annual Leave Accumulation 9 Section 9.2 Scheduling Annual Leave 9 Section 9.3 Seniority Rights 9 Section 9.4 Maximum Accrual 10 ARTICLE 10 - PENSIONS 10 ARTICLE 11 - BEREAVEMENT LEAVE 10 ARTICLE 12 - CITY SUPPLIED EQUIPMENT 10 ARTICLE 13 - SAVINGS CLAUSE 10 ARTICLE 14 - ENTIRE AGREEMENT 11 ARTICLE 15 - MANAGEMENT RIGHTS 11 ARTICLE 16 - PERFORMANCE OF DUTY 12 Section 16.1 Non-Strike Provisions 12 Section 16.2 Performance of Duty 12 ARTICLE 17 - CONFERENCE BOARD 12 Section 17.1 Mutual Concerns 12 Section 17.2 Communications with the City Administrator 13 Section 17.3 Contract Modification 13 ARTICLE 18 - GRIEVANCE PROCEDURE 14 Section 18.1 Grievance or Dispute Over Provisions of Agreement 14 ARTICLE 19 - EMPLOYEE RIGHTS 15 ARTICLE 20 - COMPENSATION 17 Section 20.1 Salaries 17 Section 20.2 Longevity Pay 17 Section 20.3 Premium Pay 18 Section 20.4 Working Out of Classification 18 Section 20.5 Clothing and Equipment 18 Section 20.6 Educational Incentive Plan 18 Section 20.7 Timely Compensation 19 Section 20.8 Effective Date of Compensation Increases 19 - 11 - ARTICLE 21 - INSURANCE COVERAGE 19 Section 21.1 Employee Coverage 19 Section 21 .2 Dependent Coverage 19 Section 21.3 Plans Offered 19 Section 21.4 Employee Responsibilities 19 Section 21.5 Life Insurance 20 Section 21.6 Forms Handling Insurance 20 Section 21.7 Hepatitis B Vaccination Program 20 ARTICLE 22 - MILITARY LEAVE 20 ARTICLE 23 - SMOKE-FREE WORKPLACE 20 ARTICLE 24 - TERM OF AGREEMENT 21 APPENDIX A - SHIFT AND DAYS OFF BID PROCESS 22 PREAMBLE This labor contract contains the entire agreement between the United Steelworkers of America, AFL-CIO for and on behalf of Local #1088, (hereinafter known as the "Union") and the City of Kent, Washington (hereinafter known as the "City") . The purpose of this agreement is for the establishment of wages, hours of work and working conditions for Correction Officers (hereinafter known as employees) employed by the City of Kent. ARTICLE 1 - RECOGNITION AND BARGAINING UNIT Section 1 ,1 Recognition of the Union The City recognizes the United Steelworkers of America, AFL-CIO on behalf of Local #1088, as the exclusive bargaining representative for all employees in positions listed in the wage schedule. Section 1 .2 Attendance - Negotiating Sessions A. Time off with pay shall be limited to regular negotiation sessions between the City and the Union negotiating team member's scheduled duty hours. This section shall apply only to members of the negotiating team. B. Police administration reserves the right to determine the amount of time and specific hours of official time, if any, which will be approved for Union officials or members to conduct Union business while on duty. ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION Section 2.1 Eligibility The City and Union recognize that employees within the bargaining unit may, at their discretion, become members of the Union. Intent to join must be furnished to the City in writing prior to formal membership for the purpose of uniform dues deductions. Section 2.2 Union Membership The Union accepts its responsibility to fairly represent all employees in the bargaining unit regardless of membership status. Neither party shall discriminate against any employee because of membership or non-membership in the Union. However, this clause shall not restrict the Union from providing internal , Union-sponsored benefits to Union members only. Section 2 3 Excluded Employees Supervisory personnel above the rank of Corrections Sergeant and all other non-corrections personnel of the City are excluded from the bargaining unit. - 1 - 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. Section 2.4 Dues Deduction The following procedures shall be followed in the deduction of dues for members of the United Steelworkers of America, AFL-CIO. A. The City agrees to the deduction of monthly dues uniformly levied by the Union for those employees who elect to become members of the Union and who request in writing, to have their regular monthly Union dues deducted on the basis of individually and voluntarily signed check-off authorization cards. B. Each month the City shall remit to the International Treasurer of the United Steelworkers of America, AFL-CIO, all dues deducted for Local 1088, together with a list of employees and the amount deducted from each employee. C. All employees hired on or after January 1, 1991 who choose not to become members of the Union shall , in lieu of Union membership, pay an amount equal to the Union dues schedule in effect for that employee, as a monthly contribution toward the administration of this agreement. Such service charge in lieu of dues shall be paid in the form of a donation to a nonreligious charity mutually agreed upon by the Union and City and the employee. This donation will be made in the name of the Union and the employee. Proof of payment shall be furnished to the Union by the employee by the end of each month. D. The Union agrees to indemnify and hold the City harmless against any and all claims, suits, orders and other judgments brought or issued against the City as a result of any action taken by the City under the provisions of this Article, unless caused by the negligence of the City. ARTICLE 3 - EMPLOYMENT PRACTICES Section 3. 1 Personnel Reduction Should it become necessary due to budgetary conditions, lack of work, or any other reasonable cause, to reduce the number of Corrections employees in this unit, the following basic provisions will apply: A. It shall be the responsibility of the City to determine the job classification in which layoffs are to occur. Factors such as nature of function performed, risk to overall public safety, and impact on the Police Department operations shall be weighed to determine areas in which reduction can be made. 2 - B. Reductions, transfers, or layoff of employees shall be accomplished in accordance with the rules and regulations established by the Kent Civil Service Commission. Section 3.2 Severance PaYZNotice All employees shall , in the event of a reduction in force, be entitled to two (2) weeks notice of such layoff and shall be paid, at the time of separation, a sum equal to two (2) weeks pay at the current rate of pay. Such severance pay shall be in addition to any and all monies due the employee at the time of separation. This section, however, shall only apply to employees who are terminated because of layoff by the City; voluntary terminations and other terminations not classified as layoff are excluded from the provisions of this section. Section 3.3 Reinstatement Registers A. The names of regular or certified employees who have been laid off shall be placed on a reinstatement register for the same class from which they were laid off. This reinstatement register shall be in effect for two (2) years from the date of layoff or reduction. B. Refusal to accept permanent work with the Kent Police Department from a reinstatement register shall terminate all rights granted under this section, provided the work is in the same civil service classification from which the employee was laid off. C. If a vacancy is to be filled from the reinstatement register certification shall be made on the basis of length of service. The regular employee on the register who has the most service credit shall be reinstated first. Section 3.4 Recalls In the event a certified employee leaves the service of the City due to reduction in force and within the next two (2) years the City rehires said former employee in the same classification to which assigned at the date of reduction, such employee shall be placed at the step in the salary range which the employee occupied at the time of the original reduction. Section 3.5 Affirmative Action/Nondiscrimination A. No employee shall be discriminated against for upholding Union principles or serving on a committee. The Employer and the Union shall not unlawfully discriminate against any individual with respect to hiring, compensation, terms or conditions of employment because of such individual 's race, color, religion, sex, national origin, or marital status, or the presence of any physical , mental , or sensory handicap, or age, unless the absence of such physical , mental or sensory handicap, or age, is a bona fide occupational qualification; nor shall they limit, segregate or classify employees in any way to deprive any individual of employment opportunities, except as such may be a bona fide occupational qualification. - 3 - B. A concerted effort has been given to eliminate sexist language in this Agreement. If there are words in this Agreement making reference to gender, then those words are intended, and shall be construed, to equally apply to either gender. Section 3.6 Personnel Files A. Personnel files are the property of the City. The City agrees that the contents of the personnel files, including the personnel photographs, shall be confidential and restricted to internal use by the management of the Corrections Facility and/or the Personnel ,Director. This provision shall not restrict such information from becoming t.& subject to due process by any court or administrative personnel tribunal . It is further agreed that information may be released to outside groups subject to the approval of both the City and employee. An employee may view his/her original personnel file in its entirety, upon written request that states the reason for the review. Such review will be conducted in the presence of the Chief, Captain, or Lieutenant of the Police Department/Correction's Facility. B. Employees can request and will receive copies of any materials in their own personnel file. Duplication of any materials in the employee's folder will be done only by the Police Administration. Employees will not remove any materials, documents, or records from their files. ARTICLE 4 - HOURS OF WORK AND OVERTIME Section 4.1 Hours of Work A. The normal work schedule for corrections officers shall be 40 hours in the employee's 7-day work week. The employee's work schedule shall be posted at least fourteen (14) days prior to the beginning of the applicable work period. B. Employees will be allowed to bid for shift assignments and days off. The bidding process shall be in accordance with Appendix A of this Agreement. C. The Mayor may declare the closure, or partial closure, of City facilities or operations in the case of emergencies, or for safety reasons. During such times, employees will continue to maintain their normal work schedule unless specifically released from duty and will not receive additional monetary compensation or time off. Section 4 2 Overtime/Compensatory Time A. Employees shall be compensated at the rate of time and one-half for all hours worked in excess of 40 hours in the employee's 7-day work - 4 - week. The employees may opt to accrue compensatory time in lieu of overtime pay. Compensatory time will accrue at a rate of 1-1/2 hours for each hour earned. B. In all cases, overtime will be computed to the nearest one-half (1/2) hour. Section 4.3 Overtime Minimum - Call Back Employees "called back" to work shall receive a minimum of three (3) hours pay at the overtime rate for the work for which they were called back. This provision applies when such call back results in hours worked which are not annexed consecutively to either the beginning or end of a regular shift. Section 4.4 Overtime Pay for Court Appearances If court appearances are required, the City shall attempt, to schedule such appearances during an employee's regular duty shift rather than on furlough days. Such appearances outside of the regular duty schedule shall be compensated for as follows: A. Shift Other than Grave - Employees will receive pay at the overtime rate for court appearance time outside of regular duty hours, provided, however, each employee required to report for court appearances shall receive a minimum of three (3) hours pay at the overtime rate, for separate court appearances in accordance with Section 4.4-C. Court appearances which are consecutively annexed to the beginning or end of an officer's regular duty shift shall be treated as regular overtime. B. Grave Shift - Employees who are assigned to the "grave" shift will receive pay at the overtime rate for court appearance time outside of regular duty hours, provided, however, each employee required to report for court appearances following his regular duty shift shall receive a minimum of four (4) hours pay at the overtime rate, for separate court appearances in accordance with Section 4.4-C. Court appearances which are consecutively annexed to the beginning or end of an officer's regular duty shift shall be treated as regular overtime and shall not be subject to the provisions of (A) and (B) above. C. Pyramiding of court appearances is prohibited. There will be a maximum of one minimum guarantee in the morning and one minimum guarantee in the afternoon. Continuance of a morning appearance into the afternoon shall not constitute a separate court appearance. D. Standby Time for Court Appearance - Employees who are required by the court or administration to "standby" for possible court appearance, while off duty or on furlough days off, will receive one (1) hour compensation at the regular time rate for each two (2) hours or portion of assigned standby time. Standby time must be pre-authorized and logged by the Police administration and have a starting time and ending time. - 5 - Section 4.5 Time Off in Lieu of Pay for Overtime Employees who wish to take time off in lieu of receiving overtime pay may do so provided: A. Departmental scheduling will allow the employee to take time off. B. An employee may accumulate up to 80 hours of time off. All hours above 80 shall be paid unless special approval is received from the Chief of Police and Personnel Director in accordance with applicable City personnel policy. ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES The City agrees to notify the Union in advance of changes in departmental operating procedures or working conditions which would affect a substantial number of employees in the bargaining unit. Conferences to discuss such changes may be arranged prior to the time such changes would become effective. However, nothing in this section shall be construed to limit the City from exercising its management responsibilities, provided, however, that when changes in procedure or departmental operation would cause a reduction in force or layoff of any employee, such proposed change, including the effec- tive date shall be provided in writing to the Union in advance of making the proposed change. ARTICLE 6 - SICK LEAVE Section 6. 1 Sick Leave Policy Sick leave policies shall be administered in accordance with City policy. Administration and approval of sick leave shall be consistent with provisions in the City of Kent Policy Manual . Additionally, employees sick leave accounts will be credited with 24 additional hours annually. The credits shall be provided on January 1 of each year. Employees hired after January 1 of any calendar year .shall receive additional hours on a prorated basis. Section 6.2 On-Duty Injury Leave Provision Employees injured while on duty must apply for Worker's Compensation Benefits for disability periods described in City Policy. Questions of policy clarification or interpretation should be directed in writing to the Personnel Director. Section 6.3 Maternity/Paternity Leave Employees will be allowed to use sick leave or family sick leave in cases of pregnancy or child birth in accordance with City policy. 6 - ARTICLE 7 - HOLIDAYS Section 7.1 Holidays Observed The following named holidays will be considered as observed holidays for full time employees. 1) New Year's Day 2) Martin Luther King Day 3) President's Day 4) Memorial Day 5) Independence Day 6) Labor Day 7) Veteran's Day 8) Thanksgiving Day 9) Day after Thanksgiving 10) Christmas Day 11) Floating Holiday (personal ) 12) Other holidays proclaimed by the Mayor or City Council Each year the City shall specify the date on which the above holidays will be observed. Section 7.2 Holiday Compensation A. Members of the bargaining unit shall be entitled to a combination of 88 hours of time off with pay and compensation in lieu of time off during each year. B. The City shall purchase four (4) holidays from members of the bargaining unit each year which include Martin Luther King Day; President's Day; Veterans Day; and the individual floating holiday. The City will issue a holiday check to all qualified employees on or about December 1 of each year for the holidays purchased. Employees working less than a full calendar year will receive such holiday compensation in proportion to their time of employment during the calendar year. Those employees who wish to receive pay for their unused holidays, in addition to the purchased holidays, will have the option of receiving this pay on an annual basis, and such pay shall be included with the annual "holiday buy out" check. Those employees who exercise this option shall submit their request, in writing, to the Chief of Police no later than November 15th each year. C. Employees who are scheduled to work on one of the holidays listed in Section 7. 1 shall be compensated at the rate of 1-112 times the regular base pay for all hours worked. However, employees who are required to work Thanksgiving or Christmas shall be compensated at a rate of two (2) times their base pay. D. Employees who are scheduled to work on one of the non-purchased holidays shall , in addition to the provision of "C" above, - 7 - be entitled to take the holiday off at a later date subject to approval of the Police Administration. E. Employees who are scheduled to work on one of the purchased holidays (4 holidays) shall be entitled to only that compensation stated in "C" above. Additional time off at a later date is not provided. F. When and employee's regularly scheduled day off falls on any of the non-purchased holidays the employee shall be entitled to the holiday(s) off at a later date subject to the approval of the Police Administration. However, when an employee's regularly scheduled day off falls on any of the purchased holidays (4 holidays) the employee shall not be entitled to a day(s) off at a later date. G. Shifts which are eligible for time and one-half as outlined in Section 7.2 are only those shifts which begin work within the twenty-four (24) hour period considered to be holidays in Section 7. 1 . However, employees required to work swing or grave shifts on Christmas Eve shall also be compensated at the rate of time and one-half. Additional time off at a later date shall not be provided employees required to work Christmas Eve. ARTICLE 8 - EDUCATION ALLOWANCE Section 8.1 General Policy The City recognizes the need to encourage and promote educational opportunities for employees. The City will reimburse personnel for costs incurred in receiving approved training upon satisfactory completion of such training. Eligible costs include: A. Tuition B. Books C. Fees associated with training. Employees covered by this agreement will be reimbursed by the City for above training costs if: A. The course/training requests has been pre-approved by the management of the Corrections Facility as to course content and relatedness to the employee's current position. B. Approval will be requested according to procedures established by the management of the Corrections Facility by June 1 each year for the new budget year and costs are included in the budget. Section 8.2 Class Attendance Employees who attend classes offered by schools, colleges, universities, or other training organizations must do so during their off-hours. In special cases, subject to departmental approval , an irregular work schedule may be arranged in order for an employee to attend courses that are not offered - 8 - during off-hours. Hours spent by an employee while attending class or studying for such class during off-hours will not be considered compensation hours unless otherwise required by law. Section 8.3 Reimbursement for Training A. If reimbursement is available through outside grant funds, or any other potential source, then reimbursement shall be through that source. (G. I . benefits shall not be considered outside funds for purposes of this section) . B. Upon completion of approved training, employees must prepare a request for reimbursement„itemizing actual expenses incurred and include a copy of the training authority's certificate of completion or grade report. C. Paid receipts for training costs must accompany the request for reimbursement. The City will reimburse employees only for those costs that have been approved and for which paid receipts are attached to the reimbursement request. D. Employees requesting reimbursement must submit requests with receipts and supporting documentation, within 30 calendar days following successful completion of the approved course(s) . Requests not received within 30 days will not be considered for reimbursement, unless good cause is shown. ARTICLE 9 - ANNUAL LEAVE Section 9.1 Annual Leave Accumulation Employees shall receive annual leave benefits consistent with the uniform policy in effect for all employees of the City of Kent. COMPLETION OF: ANNUAL VACATION HOURS 1-4 years 96 hours 5-9 years 120 hours 10-12 " 136 hours 13-16 " 144 hours 17-19 " 152 hours 20 years and thereafter 160 hours Section 9.2 Scheduling Annual Leave Annual leave shall be granted to an employee at the time of the employee's choosing, provided the departmental work schedule would not be adversely affected by his/her absence. Section 9.3 Seniority Rights If two or more employees request annual leave for the same dates, but it is not feasible to allow those employees to take leave during the same period, then preference shall be granted on the basis of seniority, provided both - 9 - employees requested said leave on the same date. If the date of request is not the same, then preference will be granted in respect to who requested first. It is agreed that determination will be made by date of written request. Section 9.4 Maximum Accrual Employees can accrue and maintain 240 hours of annual leave, as set forth in accordance with City Policy 3.2. 1 . Annual leave will be audited on December 31 of each year. Employees may exceed the maximum accrual limit on January 1 of the following calendar year, but it is the employee's responsibility to insure that accrued annual leave hours are at or below the 240 hour limit by December 31 of the following year. Compensatory and Holiday accumulation and use is considered separate from annual leave accrual and use. The City will schedule annual leave so as to maximize the opportunity for employees to utilize annual leave so they may comply with the 240 hour maximum accrual limit. These provisions do not prohibit carryover of annual leave hours beyond the maximum limit when exceptional circumstances exist. Carryover can only occur when requested by employees in writing and when approval is granted by the Police Chief and/or City Personnel Director. Approval of carryover is done on a case-by-case basis and does not serve as precedent for any subsequent requests. ARTICLE 10 - PENSIONS Pensions for employees and contributions to pension funds will be governed by Washington State Statute. ARTICLE 11 - BEREAVEMENT LEAVE Employees shall receive time off with pay for leave due to a death in the family/funeral leave purposes consistent with the uniform policy in effect for all employees of the City of Kent. ARTICLE 12 - CITY SUPPLIED EQUIPMENT The City agrees to provide the necessary articles of equipment that enable the employees to perform their duties. This shall include, but is not limited to, providing notebooks, typewriters, pens/pencils, other necessary articles of equipment of a minor nature specified herein, and safety equipment that is formally recommended by the Police Administration and funded by the Police Department budget. ARTICLE 13 - SAVINGS CLAUSE It is agreed that the City and the Union retain the right to reopen this agreement, during the term of the agreement, in the event of amendment to the Fair Labor Standard Act (FLSA) or implementation of or amendment to United States Department of Labor Regulations. It is understood that the reopening of the contract pertains only to amendments implemented by law or - 10 - regulations. It is agreed that the City has the primary responsibility to review amendments or changes to the Fair Labor Standards Act and Federal Regulations, and to initiate discussions of such amendments or changes . If any article of this agreement, or any addenda hereto, should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal , the remainder of this agreement and addenda shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such article. If any provisions of this agreement are found by a court of competent jurisdiction to be in conflict with the current Civil Service Rules and Regulations or Laws of the State of Washington, the latter shall prevail . ARTICLE 14 - ENTIRE AGREEMENT The agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this agreement. Therefore, except as otherwise provided in the agreement, the City and Union, for the duration of this agreement, each voluntarily and without qualification agree to waive the right to oblige the other party to bargain with respect to any subject or matter whether or not specifically referred to or covered by this agreement. ARTICLE 15 - MANAGEMENT RIGHTS The Union and employees in the bargaining unit recognize that areas of respon- sibility must be reserved to management if it is to function effectively. In recognition of this principle, it is agreed that the following responsibili- ties are not subject to collective bargaining and are management responsibilities of the City. Unless specifically modified by sections in this Agreement, management retains the exclusive right: A. To determine the management organization, and the selection, retention, and promotion for occupations within the scope of this Agreement. B. To direct employees of the City in the performance of their official duties. C. To hire, promote, transfer, assign, retain, and layoff employees in positions in the City, and to suspend, demote, discharge, or take other disciplinary action against such employees. - 11 - D. To determine the methods, means, and personnel by which departmental operations are to be conducted. E. To prescribe uniform dress to be worn by correction officers. F. To take whatever actions may be necessary to carry out the corrections function in emergency situations. G. To determine the necessity of overtime and the amount thereof. N. To cease operations or to contract out any work to City or other public entity or entities. I . To determine hours of work and each employee' s work schedule. J. To adopt rules for the operation of the City of Kent Corrections Facility and the conduct of its employees. The above listing of specific management rights are not intended nor shall be considered restrictive of, or as a waiver of any rights of the City not listed herein. Such inherent management responsibilities are not subject to arbitra- tion and shall remain exclusively with the City except as they may be shared with the Union by specific provisions of this Agreement. ARTICLE 16 - PERFORMANCE OF DUTY Section 16.1 Non-Strike Provisions Nothing in this agreement shall be construed to give an employee the right to strike and no employee shall strike or refuse to perform the employee's assigned duties to the best of the employee' s ability. The Union and employees it represents agree that they shall not condone or cause any strike, slowdown, mass sick call , or any other form of work stoppage or interference to the normal operation of the Kent Police Department. Section 16.2 Performance of Duty It is agreed that all members of the bargaining unit shall perform all functions and duties required by laws of the State of Washington, ordinances of the City of Kent, Civil Service rules and regulations and regulations and operating policies of the department. Provided, however, where articles or sections of this agreement are in conflict with ordinances and policies, the agreement will prevail . ARTICLE 17 - CONFERENCE BOARD Section 17. 1 Mutual Concerns There shall be a Department Conference Board consisting of four (4) Union representatives named by the Union and three (3) department representatives named by the Chief. The Chief, or his/her representative, shall sit as one of the three (3) City representatives when it is practical , but any of the seven - 12 - (7) members may be replaced with an alternate from time to time. The conference board shall meet quarterly or more often as mutually determined and shall considermatters of mutual concern that to the improvement of the departmentand the welfareofthe employees. The purpose of the conference board is to deal with matters of general concern to members of the department as opposed to individual complaints of employees. Accordingly, the conference board shall not discuss grievances properly the re outlined in Article 18, except to the extent that subject of the procedu suggesting improved department such discussion may be useful in t policies. Either the Union representatives or the City representatives may initiate discussion of any subject of a general nature affecting the operations of the department or its employees. An agenda shall be prepared and distributed in advance of each meeting and minutes shall be kept. Nothing in this article shall be construed to limit, restrict, or reduce the management prerogatives outlined in this agreement. Section 17.2 Communications with the City Administrator The Union and City agree that concern over areas not specifically mentioned in this contract may arise. Such concerns may be related to interpretation of procedures, changes in policies, working conditions, or labor/management relations. Because such concerns by their nature cannot be predicted, they cannot properly be considered under the Grievance Article of this Agreement; therefore the following procedure shall be established to allow either the City or the Union to directly address issues or questions as they arise. A. Meetings may be initiated by either the City or Union by request. A mutually agreeable meeting time and place will be set. B. The coordinators of this procedure shall be the Union President and City Administrator, or their designees. C. An agenda of items shall be prepared and distributed in advance of a proposed meeting. Statements or fact-finding results should be available in writing for review in order to explain or clarify areas of concern. D. Minutes of each meeting shall be kept. Section 17.3 Contract Modification Either the Union representatives or the City representatives may initiate discussion of any subject of a general nature affecting the operations of the Department or its employees. However, at any session which involves the interpretation or application of the terms of this Agreement, or any contemplated modifications thereof, no such terms or changes shall be made- without the review of the Personnel Director and subsequent approval by the City nor shall such terms or changes be made without review of the Union Executive Board and subsequent approval by the Union. Nothing in this section shall be construed to limit, restrict, or reduce the management prerogatives outlined in this Agreement. - 13 - ARTICLE 18 - GRIEVANCE PROCEDURE Section 18.1[ Grievance or Disp Over Provisions of Agreement A. 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 provisions of this agreement. Grievances must be resolved in the following manner. Failure to follow the time frames set forth below shall constitute waiver of the grievance. Disciplinary action shall not be subject to this grievance and arbitration process. Step 1 . A grievance shall be reduced to writing and presented by the aggrieved employee within ten (10) working days of the alleged contract violation to the employee's immediate supervisor and the Corrections Division Commander. The parties agree to make every effort to settle the grievance at this stage promptly. The immediate supervisor(s) or the Corrections Division Commander shall answer the grievance within five (5) working days after being notified of the grievance. 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 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 between 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 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 between the City and representatives of the Union. The City Administrator 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 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/her designee is unsatisfactory to the parties submitting the grievance, the grievance may, within ten (10) working days, be submitted to the Mayor or his/her designee for review. Step 5. 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 fifteen (15) working days, be submitted to arbitration. The Union and City shall mutually select an arbiter from a list supplied by the Federal Mediation and Conciliation Service. 14 - B. The Arbiter shall render his/her decision based on interpretation and applications of the provisions of this Agreement. The decision shall be in writing and copies sent to the City and the Union. C. The decision of the Arbiter shall be final and binding upon all parties to the grievance provided the decision does not involve action by the City which is beyond his/her jurisdiction. D. Neither the Arbiter nor any persons involved in the grievance procedure shall have the power to negotiate new agreements or to change any of the present provisions of this Agreement. E. All expenses incurred in the arbitration process shall be borne as follows: 1 . Expenses incurred by the Union shall be borne by the Union. 2. Expenses incurred by the City shall be borne by the City. 3. Expenses or fees of the Arbiter shall be borne equally by the Union and the City. ARTICLE 19 - EMPLOYEE RIGHTS Complaints Against Employees Procedure The City retains the right to adopt rules for the operation of the Kent Police Department and the conduct of its employees provided that such rules do not conflict with City Ordinances, Civil Service Rules and/or regulations, or any provision of this Agreement. It is agreed that the City has the right to discipline, suspend, or discharge any employees subject to the provisions of the City Ordinances and Civil Service Rules Regulations, as they exist at the time of the incident, and terms of this Agreement. Employee Rights A. In an effort to ensure that investigations made by an officer as designated by the Chief of Police of the Kent Police Department, are conducted in a manner which is conducive to good order and discipline, employees covered by this agreement shall be entitled to the protection of what shall hereafter be termed as the "Complaints Against Employees' Procedure." B. Every employee who becomes the subject of an internal investigation shall be advised in writing at the time of the interview that he/she is suspected of: 1 . Committing a criminal offense; or 2. Misconduct that would be grounds for termination, suspension, or other disciplinary action; or 3. Not being qualified for continued employment with the Department. - 15 - C. Any employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews. This representation by counsel is confined to counseling, and not to actual participation in the investigation. A criminal investigation as used herein shall be interpreted as any action which could result in the filing of a criminal charge. A major investigation as used elsewhere in this article shall be interpreted as any action which could result in dismissal from the Department or the filing of a criminal charge. D. The employee under investigation must, at the time of an interview, be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. E. Before any interview commences, the employee shall be informed, in writing, of the nature of the major investigation, and whether he is considered a witness or suspect at that stage of the investigation, before any interview commences including the information: who is the complainant or the victim, what reportedly took place, when it happened, and where it happened. F. The interview of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigency of the interview dictates otherwise. Whenever practical , interviews shall be scheduled during the normal workday of the City. G. At the cost of the requesting party and in accordance with Washington State Law, RCW 9.73, the employee or City may request that a major investigation interview be recorded, either mechanically or by a stenographer. There can be no "off-the-record" questions. Upon request, the employee under a major investigation shall be provided an exact copy of any written statement the employee has signed or, at the employee's expense, of a verbatim transcript of his interview. H. Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all major investigation interviews, the employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney of the employee's own choosing, before being interviewed. The employee shall be entitled to such intermissions as the employee shall request for personal necessities, meals, telephone calls, and rest periods. Any intermissions of over fifteen minutes requested by the employee in a one-hour period will be without pay. I . No employee who is the suspect in an investigation shall be required to unwillingly submit to a polygraph test or to unwillingly answer questions for which the employee might otherwise properly invoke the protections of any constitutional amendment against self-incrimina- tion. Nor shall this employee be dismissed for or shall any other penalty be imposed upon the employee solely for a failure to submit to a polygraph test, or to answer questions for which the employee might otherwise invoke the protection of any constitutional amendment against self-incrimination. - 16 - J. Should any section, subsection, paragraph, sentence, clause or phrase in this article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this article. K. The union recognizes the administration's effort to improve procedures involving complaints against its members. In an effort to ensure that these procedures are accomplishing their goals, there will be an annual review of the procedures in a meeting between the union and the department's administration. ARTICLE 20 - COMPENSATION Section 20.1 Salaries The City agrees to maintain salaries in accordance with this section. CORRECTIONS OFFICERS - 1991_1992 Correction Monthly Base Wage Officer Step 1991 C.O. Probationary 2056 C.O. 4 2165 C.O. 3 2273 C.O. 2 2391 C.O. 1 2509 Sergeant 2698 Effective January 1, 1992 monthly base contractual wage rates will increase by 90 percent of the CPI-W (Seattle-Tacoma) for the period of July 1, 1990 through June 30, 1991, with a minimum increase of four percent and up to a maximum increase of six percent. The salary plan requires that corrections employees in the Department must satisfactorily serve forty-two (42) consecutive months in the Kent Police Department in order to reach the top step of the pay plan. Changes in step will be made upon the completion of each cumulative service period (i .e. after 6 months, after 18 months, after 30 months, after 42 months) . The only exceptions shall be those provided by Civil Service, wherein education or prior corrections experience or training allow employees to be hired at grades higher than probationary. Section 20.2 Longevity Pay Longevity pay will be applied to the base salary rates, on a monthly basis, for employees who have completed the following continuous service requirements: Completion of 5 years - 1 percent Completion of 10 years - 2 percent Completion of 15 years - 3 percent Completion of 20 years - 4 percent - 17 - Section 20.3 Premium Pay Premium pay of five percent (5%) above base wage shall be granted to employees while they are actively functioning as Field Training Officers in the Corrections Division of the Kent Police Department. Section 20 4 Working Out of Classification The City agrees to compensate employees assigned by competent authority to positions of higher authority and responsibility. Assignments shall be limited to the positions of Corrections Sergeant and Corrections Lieutenant. Employees must be assigned for a minimum of four (4) hours before additional compensation will be paid. Employees assigned to act in the position of Corrections Lieutenant shall receive compensation at the A Step of the Lieutenant's salary range or 2-1/2% above a Sergeant's base wage, whichever is greater. Section 20.5 Clothing and Equipment A. The City shall furnish employees with clothing and equipment required to perform their assigned duties. B. Safety equipment which may be formally recommended by Police Administration and funded with the Department's budget will be provided upon request. C. The City will repair damage to clothing or equipment which is due to normal wear and tear in service. Unusual repairs required to be made because of neglect or abuse by the employee shall be paid for by the employee responsible. D. Accessories to the uniform, which are optional in nature, shall be provided by the employee according to personal preference, except for those safety items referred to Section 20.5 B, of this labor agreement. E. Employees shall have uniforms supplied and maintained by the City. F. Cleaning or laundry of uniforms supplied by the City shall be the responsibility of the employee. Section 20.6 Educational Incentive Plan Effective January 1, 1991, an Education Incentive Program shall be provided for qualified employees. For those employees who qualify, educational levels will be compensated at the following rate: ASSOCIATE BACHELORS MASTERS A. $30.00 per month $60.00 per month $90.00 per month B. Those employees who have attained a "Junior" status at an accredited university or college will receive the same compensation as an employee with an AA degree. In order to qualify for the compensation - 18 - all of the credits earned must be consolidated with one accredited university or college. It is the employee's responsibility to provide proof of qualification. C. Compensation will be provided based upon the highest educational level attained and there shall be no pyramiding of educational degrees. Section 20,7 Timely Compensation Employees will receive their payroll checks by 12:00 noon on designated paydays. This section will take effect when the City's new "Payroll Automation System" is fully operational . The City will notify the Union in writing when the "Payroll Automation System" is considered to be fully operational . Section 20.8 Effective Date of Compensation Increases The effective date for all increases in compensation shall be the first day of the month of the employee's anniversary, or when otherwise eligible. ARTICLE 21 - INSURANCE COVERAGE Section 21 .1 Employee Coverage Employees in the bargaining unit shall receive a fully paid health, accident and dental coverage plan underwritten by a company who provides such insurance nation wide. The premium cost shall be paid by the City. Section 21 .2 Dependent Coverage Employees in the bargaining unit have dependent coverage available under the plans offered by the City. For the contract years 1991/92, the City shall pay the entire monthly premium for the "Standard" Blue Cross Plan, however, if the employee selects the "Traditional " Blue Cross plan the employee will contribute up to $75.00 towards the monthly premiums or if the employee selects the "Group Health" plan the employee will contribute $45.00 towards the monthly premium. Section 21 .3 Plans Offered The following health and accident plans will be offered' to employees: A. Blue Cross of Washington and Alaska 1 . Traditional Plan, or 2. Standard Plan (Prudent Buyer) , or B. Group Health Cooperative (HMO) . Section 21 .4 Employee Responsibilities Each employee will be responsible for obtaining and filling out necessary application forms, change in coverage forms, or providing other information necessary to determine eligibility for insurance coverage. - 19 - Section 21 .5 Life Insurance The City shall pay the entire premium of double indemnity life insurance coverage for each eligible employee. The amount of coverage will be equal to the employee's annual base salary. Section 21 .6 Forms Handling Insurance The Union and its membership agree to cooperate with the City in all requirements relating to insurance forms and processing such. It is mutually agreed that forms handling is a necessary part of the employee and City's duties, and that expeditious handling is in the best interest of both parties. Section 21.7 Hepatitis B Vaccination Program The City will provide employees with the opportunity to receive vaccinations to help prevent contraction of the Hepatitis B virus. The program will be voluntary in nature and in accordance with applicable Washington State Law, WISHA directives, and Labor & Industry regulations. ARTICLE 22 - MILITARY LEAVE The City and Union agree that members of the bargaining unit shall be entitled to military leave benefits in accordance with City policy. ARTICLE 23 - SMOKE-FREE WORKPLACE The Union and the City agree that in order to create a healthy work environment, to protect the public and reduce overall risk, the members of the bargaining unit agree to comply with the City policy concerning "Smoking". - 20 - ARTICLE 24 - TERM OF AGREEMENT This Agreement shall become effective when executed but no earlier than January 1, 1991, and shall remain in force until December 31, 1992. Signed this _day of 4UC 11bEr 1991 at Kent, Washington. CI OF ENT UNITED LWORK S OF MER CA, AFL-CIO Dan Ke leher, Mayor Lynn R.�1lil ms, International President 00 �J Do E. Olso Jr. , Personnel Director Edg L. 1 James N. an C.� George Bec r Le _0 Robe . Petris Robert:',J. Gr ! d j ff Rep sentati ve b h��e Bruce W issich, President Wal., 1088 Wa ne P. Aimple, Chief Negotiator, Local 1088 2714W-39W (04/30/91) - 21 - APPENDIX A WORK ASSIGNMENTS SHIFT ASSIGNMENTS A. Shift assignments for Corrections Officers and Corrections Sergeants shall be determined by a bid system based on tenure in those positions with the City of Kent Corrections Facility. B. Corrections Officers tenure shall be determined from the date of hire with the City of Kent Corrections Facility. Tenure for Sergeants shall be determined by the time in grade as a regularly appointed Sergeant at the City of Kent Corrections Facility. During the initial probationary period of employment, Corrections Officers are not eligible to bid for shift assignments. C. Bids and assignments shall be made every four (4) months. The cycle for bids/assignments shall be implemented on the first Sunday of January, effective with the commencement of the day shift, the first Sunday in May, effective with the commencement of the day shift, and the first Sunday in September, with the commencement of dayshift. All assignments shall remain in effect until the next bid cycle unless it is determined by the City that the Corrections Officer or Sergeant will be reassigned to a non-bid assignment during that period of time. D. For Corrections Officers and Corrections Sergeants. The first and second bid process shall give priority to the most senior personnel for shift assignment preference. The third process shall result in a reversal of selection, giving first choice in shift assignment to least senior personnel . E. The bid process shall occur as scheduled. Individuals unable to participate in a bidding process shall be assigned by the City to a shift for that specific cycle. F. The City shall determine who is eligible to bid, however, ineligibility will be documented in writing and provided to the affected Corrections Officer or Sergeant. G. The City's management rights under this Bargaining Agreement remain in full force and effect. BID/ASSIGNMENT PROCESS The following provisions shall control the process of bidding and assignment in accordance with the above guidelines: A. Shift preference bids shall be delivered to the Division Commander, or designee, during the established bidding period. B. No early or late shift preference bids shall be accepted. C. Vacant positions that occur after the bid deadline shall be filled by Corrections Officers or Sergeants, as applicable. Those assignments shall continue until the next cycle. - 22 - D. Assignments of all individuals shall be determined by the City. DAYS OFF ROTATION A. All bids for days off shall not include any portion of the preceding days off. B. The rotation for days off shall be the first Sunday of every January, May and September starting with the day shift. C. Employees will be allowed to bid for their days off based upon seniority. CORRECTIONS BID/ASSIGNMENT CYCLE Corrections Officers work four (4) months with assigned days off and work four (4) months with assigned shifts. 1 . FIRST CYCLE: Schedule commences on the first Sunday in January with day shift and bidding commences as follows. November 1 - Sgt's shift bids open at 0600 hrs. November 3 - Sgt's bids close at 1700 hrs. November 6 - Sgt's shift posted by this date. November 8 - CO's shift bids open at 0600 hrs. November 15 - CO's bids close at 1700 hrs. November 20 - CO's shift posted by this date. November 21 - Days-off bids for all employees open at 0600 hrs. November 25 - Bids for days off close .at 1700 hrs. November 30 - Final schedule/next cycle posted by this date. 2. SECOND CYCLE: Commences on the first Sunday in May with day shift and bidding commences as follows. March 1 - Sgt's shift bids open at 0600 hrs. March 3 - Sgt's shift bids close at 1700 hrs. March 6 - Sgt's shift bids posted by this date. March 8 - CO's shift bids open at 0600 hrs. March 15 - CO's shift bids close at 1700 hrs. March 20 - CO's shift bids posted by this date. March 21 - Days-qff bids for all employees open at 0600 hrs. March 25 - Bids for days off close at 1700 hrs. March 30 - Final schedule/next cycle posted by this. date. 3. THIRD CYCLE: Commences on the first Sunday in September with day shift and bidding commences as follows. July 1 - Sgt's shift bids open at 0600 hrs. July 3 - Sgt's shift bids close at 1700 hrs. July 6 - Sgt's shift bids posted by this date. July 15 - CO's shift bids open at 0600 hrs. July 20 - CO's shift bids close at 1700 hrs. July 21 - Days-off bids for all employees open at 0600 hrs. July 25 - Bids for days off close at 1700 hrs. July 30 - Final schedule/next cycle posted by this date. 2714W-39W (04/30/91) - 23 -