HomeMy WebLinkAboutHR1990-0106 - Original - Driver Salesmen and Warehouse's Union - Local #117 - 1990-1992 Labor Agreement CITY OF KENT
and
DRIVER SALESMEN AND WAREHOUSEMEN'S UNION
LOCAL #117
1990 - 1992 LABOR AGREEMENT
INDEX
Page No.
PREAMBLE 1
ARTICLE 1 RECOGNITION AND BARGAINING UNIT 1
Section 1.1 Union Recognition - Membership - Exclusions 1
Section 1.2 Exclusion of Temporary Employees
ARTICLE 2 UNION MEMBERSHIP AND DUES DEDUCTION 2
Section 2.1 Mandatory Options - Union Membership 2
Section 2.2 Dues Deduction 2
Section 2.3 List of Employees Furnished by Union 2
Section 2.4 Union Refund to Employer 3
ARTICLE 3 HOURS OF WORK 3
Section 3.1 Normal Workweek/OVERTIME 3
Section 3.2 Compensatory Time 3
Section 3.3 Overtime Provision for Call Back Time 3
Section 3.4 Regular Starting/Quitting Time
ARTICLE 4 UNION ACTIVITIES 4
Section 4.1 Business Representative of the Union 4
Section 4.2 Employee Upholding Union Principles/ 4
Performing Duties
ARTICLE 5 LABOR - MANAGEMENT COMMITTEE 4
ARTICLE 6 GRIEVANCE PROCEDURE 4
Section 6.1 Grievance or Dispute over Provisions of 4
Agreement 5
Section 6.2 Disciplinary Action by the Employer
ARTICLE 7 WORK STOPPAGES AND EMPLOYER PROTECTION 6
Section 7.1 Work Stoppages - Defined 6
Section 7.2 Back to Work Order 6
Section 7.3 Disciplinary Measures by Employer 6
ARTICLE 8 BULLETIN BOARDS 6
ARTICLE 9 SAFETY AND SANITATION 6
Section 9.1 Compliance with Safety Codes 6
Section 9.2 Unsafe Work Conditions 7
ARTICLE 10 MANAGEMENT RIGHTS 7
ARTICLE 11 PAY PERIOD 7
ARTICLE 12 WAGES, CLASSIFICATIONS AND MINIMUM RATES OF PAY 7
Section 12.1 Salary Plan - Adoption 7
Section 12.2 Minimum Rates of Pay 7
Section 12.3 Longevity 7
Section 12.4 Reclassification 8
Section 12.5 Job Openings 8
ARTICLE 13 HOLIDAYS 8
Section 13.1 Observed Dates 8
Section 13.2 Overtime Worked on Holidays 9
ARTICLE 14 HEALTH CARE AND LIFE INSURANCE 9
Section 14.1 Medical/Dental Coverage 9
Section 14.2 City Contributions - Medical/Dental Coverage 9
Section 14.3 Life Insurance Coverage 10
ARTICLE 15 PENSION 10
ARTICLE 16 WORKERS COMPENSATION PROGRAM 10
ARTICLE 17 SICK LEAVE 11
Section 17.1 Accrual Rate 11
Section 17.2 Physician's Statement - 3 Days 11
ARTICLE 18 JURY DUTY 11
ARTICLE 19 BEREAVEMENT LEAVE 11
ARTICLE 20 VACATIONS 11
Section 20.1 Accrual Rate 11
Section 20.2 Proration - Bonus Days 11
Section 20.3 Scheduling 12
Section 20.4 Maximum Accumulation 12
Section 20.5 Holidays During Vacation 12
ARTICLE 21 SAVINGS CLAUSE 12
ARTICLE 22 ENTIRE AGREEMENT 12
ARTICLE 23 STANDARD DRESS AND TOOLS (MECHANICS) 12
ARTICLE 24 ACLOHOL OR DRUGS IN THE WORK PLACE 13
ARTICLE 25 MILITARY LEAVE 13
ARTICLE 26 SEVERANCE PAY 13
ARTICLE 27 NOTICE 13
ARTICLE 28 TERM OF AGREEMENT 13
APPENDIX "A" 15
APPENDIX "B" 15
1990 - 1992 Wage Agreement
APPENDIX "C"
Ten-month Maintenance Employee 16
APPENDIX "D"
Mandatory Standby Duty 17
APPENDIX "E"
Smoking Policy 18
APPENDIX "F"
Bargaining Unit Classification Schedule 19
APPENDIX "G"
Bargaining Unit Base Salary Schedule (1990) 20
PREAMBLE
This Agreement is between the City of Kent (hereinafter called the City) , and
the Driver Salesmen and Warehousemen's Union Local #117 (hereinafter called
the Union) for the purpose of setting forth a mutual understanding of the
parties as to conditions of employment for those employees for whom the City
recognizes the Union as the collective bargaining representative.
ARTICLE 1. - RECOGNITION AND BARGAINING UNIT
Section 1.1. Union Recognition - Membership - Exclusions
The City hereby recognizes the Union as the sole, exclusive collective
bargaining representative of the full -time and all regular part-time employees
who work a minimum of 21 hours but less than 40 hours per week on a continuous
service basis earning part-time benefits in the departments listed in Schedule
"A" of this Agreement. All temporary, other part-time employees, supervisors,
office clerical , professional and protection employees engaged in training and
instruction for management positions shall be excluded.
The parties to this agreement recognize that a unit clarification hearing was
conducted in 1982 by the Public Employment Relations Commission (PERC)
concerning the issue of representation of Maintenance Supervisors and one
Construction Inspector. The parties agree that bargaining unit representation
will be determined by PERC's decision in this matter.
Section 1.2. Exclusion of Temporary Employees
The following classes of employees shall be excluded from the provisions in
Article II, Section 3, of this Agreement.
A. Temporary employees shall be defined as: Those employees who are
hired by the City for a definite period of time which is less than
full-time and has a predetermined termination date. Example: Summer
hires, temporary emergency help, and other seasonal employees.
B. Those employees who are employed by the City under a Federal , State,
or other employment program which provides funding for such employ-
ees. Such programs are designed to assist in the alleviation of high
unemployment conditions in the King County area. These programs are
of a nature wherein funding is provided for a definite period of time
and at the end of such time employees either transition into a
"regular" City position, extended by renewed funding or the employee
is laid off. Examples: CETA, WIN, PEP employees.
Employees classified in the above categories shall be exempt from mandatory
membership or non-membership in the Union until such time as they are:
1. Transition into a position identified and budgeted as a "regular"
position.
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2. Absorbed into a new position created in the City budget which is not
subsidized by outside funds.
Once a subsidized employee is absorbed under either condition above, he will
be considered as a new full-time employee and shall be required to exercise
his options for Union membership in accordance with Section 1 of Article II.
The first date of transition to regular employment shall be considered the
hire-in date for determining the Union option period in Article II, Section 1 .
ARTICLE 2. - UNION MEMBERSHIP AND DUES DEDUCTION
Section 2.1. Mandatory Options - Union Membership
All employees of the City covered by this Agreement who are members of the
Union on or after the effective date of this Agreement shall remain in good
standing of the Union. Failure to comply with this condition shall , upon the
written request of the Union, result in the immediate discharge of the
employee.
New employees who are employed after the time this Agreement becomes effective
shall , not later than thirty (30) calendar days after the commencement of such
employment, become and remain members in good standing in the Union. The
Employee and the Union agree that the right of non-association of employees
based on bona fide religious tenets or teachings of a church or religious body
of which such public employee is a member shall be protected at all times and
such public employees shall pay such sum as is provided in RCW 41.56, "Chapter
59, Laws of 1973" .
Neither party shall discriminate against any employee or applicant for
employment on account of membership in or non-membership in any labor union or
other employee organization.
Section 2.2. Dues Deduction
The City agrees to deduct from the paycheck of each employee who has so
authorized it, the regular monthly dues uniformly required of members of the
Union. The amount deducted shall be transmitted monthly to the Union on
behalf of the employees involved. Authorization by the employee shall be on a
form approved by the parties hereto and may be revoked by the employee upon
request. No portion of the fund collected by the Union under this provision
shall be used for support of political purposes in Kent. The Union agrees to
indemnify and hold the City harmless against any and all claims, suits, orders
and other judgments brought or issued against the City as a result of any
action taken by the City under the provisions of this Article, unless a
dispute arises as a result of an error committed by the City.
Section 2.3. List of Employees Furnished by Union
The Union will furnish to the City before the first day of each month a list
of the employees for whom dues shall be withheld.
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Section 2 4 Union Refund to Employer
The Union agrees to refund to the City any amounts paid to it in error on
account of the check-off provisions upon presentation of proper evidence
thereof.
ARTICLE 3. - HOURS OF WORK
Section 3.1. Normal Workweek/Overtime
The normal workweek shall be five (5) consecutive days of not less than eight
(8) hours per day exclusive of lunch period and all time over eight hours in
any one day shall be overtime and shall be paid at a rate of time and
one-half. In all cases in computing overtime, the nearest one-half hour shall
be used. All work performed on the sixth and seventh consecutive days shall
be paid at the overtime rate of time and one-half.
In the event the City decides to change the employee's normal work schedule,
the City agrees to provide a seven (7) calendar day notice prior to the
effective date of such change, except for emergency situations which make it
impractical to give such notice. The City will not manipulate work schedules
by making short term schedule changes solely for the purpose of avoiding
payment of overtime.
Section 3.2. Compensatory Time
Overtime shall be paid at a rate of time and one-half as outlined in Section
3.1. However, compensatory time may be requested by members b ofthe the
Cbtrgaining
unit in lieu of cash. Such compensatory time, if approvedY Y,
be earned at the rate of time and one-half. The amount of compensatory time
allowed to be accrued by bargaining unit members may vary by
department/division and job classification and shall be determined by the City.
Accrued compensatory time off may be requested by members of the bargaining
unit by submitting a request to their supervisor. Compensatory time off may
be taken in units of less than 4 hours, if approved by a Division Head or his
designee. The City will attempt to allow the use of such leave as requested,
however, the City retains the right to deny or postpone employee requested
leave if and when work schedules or service delivery would in the City's
determination be negatively impacted.
Section 3.3. Overtime Provision for Call Back Time
Employees called back to work shall receive a minimum of two (2) hours pay at
the overtime rate for the work for which they are called back. This provision
applies only when such call back results in hours worked which are not annexed
consecutively to one end or the other of the working day.
Section 3.4. Regular Starting/Quitting Time
(Subject to the provisions in Section 1 above) .
All employees shall have a regular starting and a regular quitting time, and
any work performed at the direction of the City, before the regular starting
or after the regular quitting time shall be considered overtime.
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ARTICLE 4. - UNION ACTIVITIES
Section 4.1. Business Representatives of the Union
The Business Representative of the Union shallaccess contract may
facilities of the City wherein the employees covered under this
be working for the purpose of conducting necessary Union business and
investigating grievances, provided such representative does not interfere with
the normal work processes. The Business Representative shall notify the
Personnel department and/or appropriate Department Head or his/her designee
prior to visiting City facilities for the purpose of conducting necessary
Union business or investigating grievances, except in emergency situations.
Section 4 2 Employee Upholding Union Principles/Performing Duties
The City agrees that the employees covered by this contract shall not be
discharged or discriminated against for upholding Union principles or for
performing duties authorized by the Union, as long as their activities do not
interfere with normal work processes of the City. Provided, however, it shall
not be a violation of this Agreement or cause for discharge or discipline for
any employee to refuse to cross a legal , primary picket line sanctioned by
Joint Council of Teamsters No. 28 or the International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America, so long as an
employee's refusal to cross such a recognized picket line shall not interfere
with the delivery of City services. Whenever possible, in the event of the
picket line established at a place of business during a labor dispute,
City will make every effort to utilize non-Union personnel to cross picket
lines so as not to interfere with the delivery of City services.
ARTICLE 5. - LABOR - MANAGEMENT COMMITTEE
The City and the Union agree continuing cooperation between labor and
management is important, and further, from time to time suggestions and com-
plaints of a general nature affecting the Union and the City need considera-
tion. To accomplish this end, the City and the Union agree that duly
authorized representatives of the Union shall function as one-half of a
Labor-Management Committee, the other half being certain representatives of
the City named for that purpose. Said Committee shall meet periodically for
the purpose of discussing and facilitating the resolution of all problems
which may arise between the parties other than those for which another proce-
dure is provided by law or by other provisions of this Agreement.
ARTICLE 6. - GRIEVANCE PROCEDURE
Section 6.1 . Grievance or Dispute over Provisions of Agreement
A procedure is hereby established as a means to resolve grievances. Grievance
shall be defined as a claim or dispute by an employee or group of employees
with respect to a violation of the express provisions of this Agreement.
Grievances shall be resolved in the following manner. Failure to follow the
time frames set forth below shall constitute waiver of the grievance.
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Step 1. Any grievance shall be reduced to writing and submitted to the
Department Head or his designee by the employee and/or the Union within ten
(10) working days of the occurrence of the alleged incident giving rise to
such grievance. The written grievance shall include a statement of the
issue, the section(s) of the agreement allegedly violated, facts of the
case and remedy sought. Every effort shall be made to resolve all
grievances at this level . If resolved the basis for resolution shall be
reduced to writing and signed by the employee.
Step 2. Grievances not settled within five (5) working days following
Step 1, shall then be presented by the employee and/or the Union directly
to the Personnel Director. The Personnel Director shall submit a decision,
in writing, on the grievance within ten (10) working days from the date the
grievance was first presented to him. Copies of the decision shall be
provided to the employee or employees requesting the grievance decision.
If resolved the basis for resolution shall be reduced to writing and signed
by the employee.
Step 3. In the event the decision reached by the Personnel Director is
unsatisfactory to the parties presenting the grievance, the grievance
may--within ten (10) working days--be submitted to arbitration. The Union
and the City shall mutually select an arbiter under American Arbitration
Association procedures.
A. The Arbiter shall render his decision based on interpretation and
applications of the provisions of this Agreement. The decision shall
be in writing and copies sent to the City and the Union.
B. The decision of the Arbiter shall be final and binding upon all
parties to the grievance provided the decision does not involve action
by the City which is beyond his jurisdiction.
C. Neither the Arbiter nor any persons involved in the grievance
procedure shall have the power to negotiate new agreements or to
change any of the present provisions of this Agreement.
D. All expenses incurred in the arbitration process shall be borne as
follows:
1. Expenses incurred by the Union shall be borne by the Union.
2. Expenses incurred by the City shall be borne by the City.
3. Expenses or fees of the Arbiter shall be borne equally by the
Union and the City.
Section 6.2. Disciplinary Action by the Employer
No employee shall be disciplined, suspended or discharged without just cause.
It is understood that no disciplinary action by the City shall be considered
cause for a grievance unless it is specifically alleged that such represents
an incorrect application of the terms of this Agreement. In no event shall
this Agreement alter or interfere with disciplinary procedures heretofore
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followed by the City or provided for by City Charter, Ordinance, or law
including the procedure for appeals thereof. This clause shall not, however,
prevent the Union from affording to its members such representation in any
other proceedings as it may see fit.
ARTICLE 7. - WORK STOPPAGES AND EMPLOYER PROTECTION
Section 7.1. Work Stoppages - Defined
The City and the Union agree that the public interest requires efficient and
uninterrupted performance of all City services and to this end pledge their
best efforts to avoid or eliminate any conduct contrary to this objective.
Specifically, the Union shall not cause or condone any work stoppage,
including any strike, slowdown, refusal to perform any customarily assigned
duties, sick leave absence which is not bonafide, or other interference with
City functions by employees under this Agreement and should same occur, the
union agrees to take appropriate steps to end such interference. Any
concerted action by any employee in any bargaining unit shall be deemed a work
stoppage if any of the above activities have occurred.
Section 7.2. Back to Work Order
Upon notification in writing by the City to the Union that any of its members
are engaged in a work stoppage, the Union shall immediately in writing, order
such members to immediately cease engaging in such work stoppage and provide
the City with a copy of such order.
Section 7.3. Disciplinary Measures by Employer
Any employee who commits any act prohibited in this Article will be subject to
the following penalties.
A. Discharge
B. Other disciplinary action as may be applicable to such employee.
ARTICLE 8. - BULLETIN BOARDS
The City shall permit the reasonable use of bulletin boards by the Union for
the posting of notices of a non-controversial nature relating to Union
business.
ARTICLE 9. - SAFETY AND SANITATION
Section 9.1. Compliance with Safety Codes
All work shall be done in a competent and workmanlike manner, and in
accordance with the State of Washington Code and any Federal codes relating to
this subject.
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Section 9.2. Unsafe Work Conditions
It shall not be considered a violation of this Agreement whereby any employee
shall refuse to work with unsafe equipment, or where adequate safeguards are
not provided, or when the facilities and services are not being maintained in
a reasonable sanitary condition.
ARTICLE 10. - MANAGEMENT RIGHTS
Subject only to the limitation expressly stated in this Agreement, the Union
recognizes that the City retains the exclusive rights to manage its business
including, but not limited to the right to determine the methods and means by
which its operations are to be carried on, to direct the work force and to
conduct its operations in a safe and effective manner; to establish reasonable
qualifications for employment and, to employ employees; to schedule and assign
work; to establish work and reasonable productivity standards to assign
overtime; to determine the methods, means, organization and number of
personnel by which operations are conducted; to determine whether goods or
services are made or purchased; to evaluate employees; to discipline, suspend
and discharge employees for just cause; and to carry out the mission of the
City; provided, however, that the exercise of any of the above rights shall
not conflict with any of the express written provisions of this Agreement.
ARTICLE 11. - PAY PERIOD
Whenever practicable, the City shall pay all regular employees on the fifth
and twentieth of each month. Any employee who is laid off or terminated shall
receive all wages due him within 24 hours of the termination of this
employment excluding weekends.
ARTICLE 12. - WAGES CLASSIFICATIONS AND MINIMUM RATES OF PAY
Section 12.1. Salary Plan - Adoption
It is agreed that the classifications and minimum rates of pay shall be as set
forth in the annual budget, and in accordance with the provisions of this
Labor Agreement. Salaries by classification shall be in accordance with
Schedule "B" of this Agreement.
Section 12.2. Minimum Rates of Pay
Any employee already receiving a higher rate of pay than the minimum set forth
herein for this classification shall suffer no reduction as a result of this
Agreement, and nothing herein shall preclude the payment of a higher rate at
the discretion of the City.
Section 12.3. Longevity
The following longevity premium pay shall apply:
1. After 5 consecutive years of service - $25 per month
2. After 10 consecutive years of service - $30 per month
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3. After 20 consecutive years of service - $45 per month
The Union and City agree to work together to develop and implement a
performance based merit system to replace the existing longevity plan. During
the period of development, as long as two years if necessary, the City will
continue to provide longevity benefits.
The performance based merit system shall be acceptable to both the Union and
the City prior to implementation. If, by January 1, 1988, parties cannot
reach agreement on an acceptable merit system, then the existing longevity
plan shall be continued.
It is further agreed that any future adjustments in longevity pay shall be
based on performance criteria established between Management and the Union.
Section 12.4. Reclassification
Reclassifications of certain positions may become necessary in order to meet
the prevailing rate for similar positions, to recognize major changes in
functions or responsibilities, or to align salaries within the bargaining unit
in order to correct any inconsistencies. Employees petitioning for
reclassification consideration will do so in accordance with the provisions
set forth in City Policy No. 2.2.1 . Such petitions will be processed in a
reasonable and timely manner.
Section 12.5. Job Openings
If a new job opening occurs within the bargaining unit, the City shall first
offer the opening to current Local 117 members in the bargaining unit who are
qualified to perform same, prior to offering the job to outside applicants.
ARTICLE 13. - HOLIDAYS
Section 13.1. Observed Dates
The following holidays shall be paid holidays for all employees covered by
this Agreement:
Holiday 1990
1) New Year's Day 1/1/90
2) Martin Luther King Day 1/15/90
3) Washington's Birthday (President's Day) 2/19/90
4) Memorial Day 5/28/90
5) Independence Day 7/4/90
6) Labor Day 9/3/90
7) Veteran's Day 11/11/90
8) Thanksgiving Day 11/22/90
9) Day after Thanksgiving 11/23/90
10) Christmas Day 12/25/90
11) Floating Holiday (personal )
12) Other holidays proclaimed by the Mayor or City Council
The City shall specify, each year, the date on which the above holidays shall
be observed.
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Section 13 2 Overtime Worked on Holidays
Employees performing work on the date that any of the above holidays is
observed shall receive the pay for the holiday plus compensation for the
actual hours worked at the overtime rate. Employees working on such holidays
shall receive a minimum of three (3) hours at the employee's overtime rate.
ARTICLE 14. - HEALTH CARE AND LIFE INSURANCE
Section 14.1. Medical/Dental Coverage
The City agrees to provide medical/dental coverage 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
accordance with the provisions of Section 14.2 of the Labor Agreement.
Section 14.2. City Contributions-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. The Union and the City will
work jointly during the term of the contract to address alternative methods of
addressing the health care issue.
A) Blue Cross Prudent Bu er Plan with Dental Orthodontia and Vision
City
Contribution Employee Employee/Spouse Employee Children Family
1990 $171.31/mo $275.00/mo $235.00/mo $305.00/mo
B) HMO Medical Option with Dental and Orthodontia
City
Contribution* Employee Employee/Spouse Employee Children Family_
1990 $126.79/mo $267.88/mo $239.85/mo $330.69/mo
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
1990 calendar year, effective 1-1-90, provided, however, the maximum amount
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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 $ 34.00 $ 0 $ 0
Employee/Child $ 30.00 $ 0 $ 0
Employee/Spouse/Child $ 75.00 $ 0 $ 45.00
The City proposes to increase its share of costs for the Blue Cross Prudent
Buyer and Group Health Plans for dependent medical insurance coverage,
effective 1-1-91 up to an additional $15.00 per month, effective 1-1-92, up to
another $15.00 additional per month (e.g. Employee & spouse - City share plus
$15.00 per month; Employee & children - City share plus $15.00 per month;
Employee, spouse & children - City share plus $15.00 per month) .
If during 1991 or 1992 the Blue Cross Prudent Buyer or Group Health Plan
premiums for employee dependent coverage exceeds the formula set forth above,
the employee will be responsible for any additional premium costs.
If during 1991 or 1992 the Blue Cross Traditional Plan premium rates for
employee dependent medical coverage set forth above increase in any amount,
the employee will be responsible for any additional premium costs each month.
Section 14.3. Life Insurance Coverage
The City shall pay the entire premium of double indemnity life insurance
coverage for each eligible employee in the bargaining unit. The City will
determine the manner in which insurance coverage is secured. Coverage may be
provided in whole or in part through the medical program specified in
Section 14.1 of this Labor Agreement.
ARTICLE 15. - PENSION
Pension for employees and contributions to Public Employees' Retirement System
(PERS) will be governed by Washington State Statute.
ARTICLE 16. - WORKERS COMPENSATION PROGRAM
Employees injured on-duty and qualified for worker's compensation shall be
entitled to such benefits through the City's self-funded program as determined
by statute. Further if all accumulated sick leave is used by the employee,
the City will continue medical/dental and life insurance contributions on
behalf of the injured employee and dependents, if applicable, in an amount not
to exceed the City's pre-injury contribution level . The period of the City's
contribution shall terminate upon the employee's return to active employment
or four (4) months whichever is sooner.
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ARTICLE 17. - SICK LEAVE
Section 17.1. 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.
Section 17.2 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.
ARTICLE 18. - JURY DUTY
Refer to City Policy (Court Appearances) . City to pay difference between jury
pay and full salary.
ARTICLE 19. - BEREAVEMENT LEAVE
Employees shall be eligible for bereavement leave in accordance with City
Policy (Death in Family/Funeral Leave) .
ARTICLE 20. - VACATIONS
Section 20.1. Accrual Rate
All employees will accrue vacation time at the rate of eight (8) hours, or one
working day per month. Any employee who leaves employment or is involuntarily
terminated before the probationary period which is the first six (6) months of
employment, will not have accrued any annual leave.
Upon completion of five (5) years of service, a bonus of 24 hours of leave
will be granted. Said 24 hours bonus will continue through the ninth year of
employment. A bonus of forty (40) hours will be granted on completion of the
tenth through the twelfth year. A bonus of forty-eight (48) hours will be
granted on completion of the thirteenth through the sixteenth year. A bonus
of fifty-six (56) hours will be granted on completion of the seventeenth
through the nineteenth year. A bonus of sixty-four (64) hours will be granted
on completion of the twentieth (20) year and all additional years of
employment.
Section 20.2. Proration - Bonus Days
Any employee of the City who is discharged or laid off after one year's
service shall receive a pro-rata portion of a normal vacation payment in the
proportion that his length of service since his last vacation eligibility
date, bears to one full year. For the purpose of this paragraph, minor
fractions of a month worked shall be ignored, and major fractions of a month
worked shall be counted as a full month.
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Section 20 3. Scheduling
Vacations will be scheduled by the City. Whenever possible, vacations will be
scheduled for the convenience of the employees involved.
Section 20.4. Maximum Accumulation
Vacation benefits shall not be cumulative from year to year. It is the intent
each eligible employee receive and take a regular vacation period annually.
Employees who require extended vacation (more than their current year's
allowance) may request approval to accrue more than one year's vacation.
Under no circumstances shall any employee be allowed to accumulate more than
the equivalent vacation that the employee would earn in two years. Approval
for extended accrual must be in writing from the employee's department head
and the Personnel Director.
Section 20.5. Holidays During Vacation
When one of the holidays specified in Article IV occurs during an employee's
vacation period, he shall receive an additional day's pay as compensation for
such day over and above his vacation pay.
ARTICLE 21. - SAVINGS CLAUSE
If any Article of this Agreement or any Addendums thereto should be held
invalid by operation of law or by any tribunal of competent jurisdiction, or
if compliance with or enforcement of any article should be restrained by such
tribunal , the remainder of this Agreement and Addendums shall not be affected
thereby and the parties shall enter into immediate collective bargaining
negotiations for the purpose of arriving at a mutually satisfactory
replacement of such Article.
ARTICLE 22. - ENTIRE AGREEMENT
The Agreement expressed herein in writing constitutes the entire Agreement
between the parties and no oral statement shall add to or supersede any of its
provisions.
ARTICLE 23 - STANDARD DRESS AND TOOLS (MECHANICS)
All regular employees covered by this Agreement will be furnished one (1)
shirt, one (1) pair of pants per day, and other clothing in accordance with
past practice. The laundering of these uniforms will be a standard schedule
and paid for by the City. The City and Union agree to work together toward
reducing the cost of providing and maintaining employee uniforms.
In addition, the City agrees to provide at its cost, the minimum safety
equipment required under WISHA (Washington Industrial Safety and Health Act) .
Maximum shoe allowance: 1990 $ 85.00 plus tax per pair.
1991 $ 90.00 plus tax per pair.
1992 $100.00 plus tax per pair.
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Proper attire: Each employee in the bargaining unit while on duty must be
attired properly and in accordance with City Policy No. 2.2.6 and/or
reasonable rules regarding safety.
The City agrees to purchase insurance to cover theft of employee owned tools
from City premises and required for employment. City obligation shall be
limited to loss due to burglary. Employee shall comply with all terms and
conditions of the insurance carrier. Deductible shall be paid by the City.
ARTICLE 24. - ALCOHOL OR DRUGS IN THE WORK PLACE
The City and Union agree that the City of Kent shall be a drug free workplace
(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.
ARTICLE 25. - MILITARY LEAVE
The City and Union agree that members of the bargaining unit who are members
of the Washington National Guard or any Federal Reserve military unit will be
entitled to be absent with pay from their duties with the City for periods of
time up to a cumulative maximum of 15 work days (a work day = 8 hours of work)
or 15 consecutive work days during each calendar year.
ARTICLE 26. - SEVERANCE PAY
Full time employees shall , in the event of a reduction in force, be paid at
the time of their separation a sum equal to two (2) weeks pay from which no
deductions shall be made except as required by State and Federal Law.
Provided, however, that no employee accepting any other employment with the
City shall be entitled to such pay.
ARTICLE 27. - NOTICE
Any notice provided for by this agreement shall be given in person by U.S.
mail , postage prepaid, to the address of the party set forth below. A
postmarked date is sufficient to satisfy notice requirements of this agreement.
ARTICLE 28. - TERM OF AGREEMENT
Unless otherwise provided herein, this Agreement shall be in full force and
effect from January 1, 1990 and shall remain in effect through December 31,
1992.
2/6/90 rev. - 14 -
SIGNED THIS ' DAY OF /ZIAklC H 1990, at Kent, Washington.
C TY OF KEjNT DRIVER SALESMEN AND WAREHOUSEMEN'S
UNION LOCAL #117 f
BY
BY
Dan Kelleher, A. G. Weinmeister,
Mayor Secretary-Treasurer
i
BY
Don E. Olson, .
Personnel Director
Approved to fo
BY
Sandra Driscol , City Attorney
CITY OF KENT TEAMSTERS LOCAL 117
220 4th Avenue South 553 Johns Street
Kent, Washington 98032 Seattle, Washington 98109
0174W-09W
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APPENDIX "A"
Equipment Rental Department
Park Department
Street Department
Utilities Department
APPENDIX "B"
The salary schedule for positions in the bargaining unit shall be as follows:
A. Effective January 1, 1990, base salaries shall be increased in the
amount of 4.0 percent.
B. Effective January 1, 1991, base salaries shall be increased in the
amount of 4.0 percent.
C. Effective January 1, 1992, base salaries shall be increased in the
amount of 4.0 percent.
0174W-09W
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APPENDIX "C"
"TEN-MONTH MAINTENANCE EMPLOYEE"
Salaries - Regular: Employees in this classification shall receive compen-
sation whether on an active or inactive status during their employment with
the City. For purposes of computing such compensation, the annual base wage
shall be paid in 24 equal installments on the City's regular pay dates.
Salaries - Overtime: Overtime, based upon base wage for classification, shall
be provided for employees who are required to work in excess of 8 hours per
day or 40 hours in any week. Overtime compensation shall be paid in the form
of cash or compensatory time off in accordance with this Agreement.
Jury Duty/Bereavement Leave: While on active status, the employee shall be
allowed time off with pay in accordance with the City's policy for jury duty
and bereavement leave.
Personal Leave Days: Employees in this classification shall be provided Paid
Personal Leave Days in lieu of Holiday leave and Sick leave. The paid Leave
Days or portions thereof may be used, with departmental approval , to maintain
pay during periods of illness and observed holidays. A Personal Leave Account
of employees will be credited with 15 days during the first pay period of the
work year (ten-month active period) ; provided, that under no circumstances
will the account be allowed to accrue more that 30 days. Personal Leave Days
which are not used may be accrued from year to year. Such accrual shall be
limited to 30 days with subsequent crediting of annual allocations contingent
upon current leave balances. Except in the case of illness, an employee shall
not be allowed use of more that two Personal Leave Days per month during the
first five months of employment.
Annual Leave: Annual Leave benefits are not provided to employees filling
positions within the ten-month classification. By the nature of the employ-
ment classification, employees are provided two months off with compensation
each year, thereby providing a reasonable break in employment for purposes of
rest and regeneration. Otherwise, employees have the opportunity to exercise
the benefits associated with Personal Leave Days which, when exercised,
provide time off with compensation during active status.
Existing Labor Agreement: All provisions of this Agreement, except those
specifically addressed in this Memorandum of Understanding, shall apply to
members of the bargaining unit occupying ten-month positions. For purposes of
clarification, "ten-month employees" are those who are regularly assigned to a
work schedule consisting of ten months of active status and two months of
inactive status during a twelve month period.
174W-9W
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APPENDIX "D"
MANDATORY STANDBY DUTY
This is a memorandum of understanding between the City of Kent and the
Driver Salesmen and Warehousemen's Union Local 117 and specifically concerns
mandatory stand-by duty and compensation for such duty. The Agreement as
drafted shall remain in force between January 1, 1990 and December 31,
1992. The following agreement with respect to mandatory stand-by duty has
been reached:
During any period of time in which the City requires employees under this
Contract to perform weeknight, weekend, and/or holiday stand-by duty, the
City shall provide compensation for such duty. Weeknight duty is defined to
include all hours between the end of the normal work day, day 1 (one) and
beginning of the normal work day, day 2 (two) , etc. Weekend duty is defined
to include all hours between the end of the normal work day on Friday and
the beginning of normal work day on Monday. Holiday duty is defined as the
period of time following the end of a normal work day preceding a holiday
specified in the Labor Agreement and the beginning of the normal work day or
weekend following the holiday.
Employees assigned to mandatory stand-by will be compensated in the amount
of $1.50 per hour for stand-by duty actually performed weeknights, Saturday,
Sunday and holidays.
174W-9W
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APPENDIX "E"
SMOKING POLICY
This is a letter of understanding between the City of Kent and Driver
Salesmen and Warehousemen's Union Local 117, concerning a Smoking Policy,
covering employees in the Union's bargaining unit. This letter of
understanding shall remain in full force between January 1, 1990 and
December 31, 1992.
As a result of complaints regarding smoking, the following policy has been
put into effect:
1. No person shall smoke within the confines of the present
maintenance shops, including Golf Course maintenance, except in
areas designated at the discretion of Maintenance Superintendents,
Operations Managers and/or their designee.
2. No smoking will take place in a City vehicle when a non-smoker is
present.
3. Since smoking is not only harmful for the smoker, but also people
breathing the smoke, it is very important that smokers be
considerate of non-smokers who are around them.
As long as the policy as outlined above adequately meets the needs of the
employees, it will be followed. If future problems arise or if the
city-wide policy is changed, this policy will need to be revised also. The
City will continue to encourage employees to stop smoking by offering a
smoking cessation program as part of the City's Wellness Program.
174W-9W
2/6/90 rev. - 19 -
APPENDIX "F"
BARGAINING UNIT CLASSIFICATION SCHEDULE
Classification Salary Range
Meter Reader I Range T-7
Meter Reader II Range T-20
Meter Reader III Range T-24
Building Maintenance Worker Range T-24
Building Maintenance Leadworker Range T-27
Maintenance Worker I Range T-7
Maintenance Worker II Range T-20
Maintenance Worker III Range T-24
Maintenance Worker IV Range T-27
Mechanic Assistant Range T-7
Automotive Equipment Mechanic Range T-27
Utility Specialist I Range T-20
Utility Specialist II Range T-24
Utility Leadworker Range T-27
174W-9W
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APPENDIX "G"
BARGAINING UNIT BASE SALARY SCHEDULE
1990
Range No. A B_ C U E
T-1 1,143 1,197 1,259 1,320 1,389
T-2 1,163 1,226 1,285 1,352 1,424
T-3 1,197 1,259 1,320 1,389 1,461
T-4 1,226 1,285 1,352 1,424 1,502
T-5 1,259 1,320 1,389 1,461 1,539
T-6 1,285 1,352 1,424 1,502 1,575
T-7 1,320 1,389 1,461 1,539 1,614
T-8 1,352 1,424 1,502 1,575 1,655
T-9 1,389 1,461 1,539 1,614 1,696
T-10 1,424 1,502 1,575 1,655 1,736
T-11 1,461 1,539 1,614 1,696 1,782
T-12 1,502 1,575 1,655 1,736 1,823
T-13 1,539 1,614 1,696 1,782 1,870
T-14 1,575 1,655 1,736 1,823 1,916
T-15 1,614 1,696 1,782 1,870 1,967
T-16 1,655 1,736 1,823 1,916 2,019
T-17 1,696 1,782 1,870 1,967 2,064
T-18 1,736 1,823 1,916 2,019 2,118
T-19 1,782 1,870 1,967 2,064 2,169
T-20 1,823 1,916 2,019 2,118 2,229
T-21 1,870 1,967 2,064 2,169 2,278
T-22 1,916 2,019 2,118 2,229 2,339
T-23 1,967 2,064 2,169 2,278 2,393
T-24 2,019 2,118 2,229 2,339 2,456
T-25 2,064 2,169 2,278 2,393 2,514
T-26 2,118 2,229 2,339 2,456 2,580
T-27 2,169 2,278 2,393 2,514 2,645
T-28 2,229 2,339 2,456 2,580 2,707
T-29 2,278 2,393 2,514 2,645 2,778
T-30 2,339 2,456 2,580 2,707 2,843
174W-9W
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Range No. A_ B C D I
T-31 2,393 2,514 2,645 2,778 2,916
T-32 2,456 2,580 2,707 2,843 2,987
T-33 2,514 2,645 2,778 2,916 3,064
T-34 2,580 2,707 2,843 2,987 3,141
T-35 2,645 2,778 2,916 3,064 3,219
T-36 2,707 2,843 2,987 3,141 3,306
T-37 2,778 2,916 3,064 3,219 3,387
T-38 2,843 2,987 3,141 3,306 3,473
T-39 2,916 3,064 3,219 3,387 3,555
T-40 2,987 3,141 3,306 3,473 3,644
T-41 3,064 3,219 3,387 3,555 3,736
T-42 3,141 3,306 3,473 3,644 3,828
T-43 3,219 3,387 3,555 3,736 3,921
T-44 3,306 3,473 3,644 3,828 4,027
T-45 3,387 3,555 3,736 3,921 4,124
T-48 3,473 3,644 3,828 4,027 4,224
T-47 3,555 3,736 3,921 4,124 4,330
T-48 3,644 3,828 4,027 4,224 4,437
174W-9W
2/6/90 rev. - 22 -
OTHER BUSINE
DOCUMENT No. 4-D
MEMORANDUM
DATE: February 5, 1990
TO: Mayor Kelleher
City Council Members
FROM: VDon E. Olson, Interim Personnel Director
SUBJECT: Teamster Labor Contract Settlement
------------------------------------------------------------
Attached, herewith, is a copy of the City of Kent ' s contract
offer, dated January 26, 1990, which was subsequently ratified
and accepted by Teamsters Local Union No. 117 on January 29 ,
1990. The terms of the Teamster contract settlement are in
accordance with the guidelines set by the City Council .
The Operations Committee gave approval of the Teamster
contract settlement on February 1, 1990. The Union has been
promised that their memberships paychecks would reflect the new
wage rates on February 20, 1990 .
I, hereby, request your approval of this new contract so
that the terms and conditions of the settlement may be
implemented immediately. Are there any questions regarding this
settlement.
�0 ID
cf'
J�
{
Dated 1-26-90
FINAL
CONTRACT OFFER
FROM
CITY OF KENT
TO
DRIVER, SALESMEN AND WAREHOUSEMEN'S
UNION, LOCAL NO. 117
ARTICLE 1. - RECOGNITION AND BARGAINING UNIT
Section 1 1 Union Recognition - Membership - Exclusions
The City hereby recognizes the Union as the sole, exclusive collective
bargaining representative of the full -time and all regular part-time employees
who work a minimum of 21 hours but less than 40 hours Per week on a continuous
service basis earning art-time benefits in the departments listed in Schedule
"A" of this Agreement.
ARTICLE 2. - UNION MEMBERSHIP AND DUES DEDUCTION
Section 2.1 . Mandatory Options - Union Membership
All employees of the City covered by this Agreement who are members of the
Union on or after the effective date of this Agreement shall remain in good
standing of the Union. Failure to comply with this condition shall , upon the
written request of the Union, result in the immediate discharge of the
employee.
New em to ees who are employed after the time this Agreement becomes effective
shall not later than thirty 30 calendar days after the commencement of such
employment, become and remain members in good standing in the Union.
2615W-39W
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The Employee and the Union agree that the right of non-association of
employees based on bona fide religious tenets or teachings of a church or
religious body of which such public employee is a member shall be protected at
all times and such public employees shall pay such sum as is provided in
RCW 41 56, "Chapter 59, Laws of 1973" .
ARTICLE 3. - HOURS OF WORK
Section 3.2. Compensatory Time
Overtime shall be paid at a rate of time and one-half as outlined in Section
3.1. However, compensatory time may be requested by members of the bargaining
unit in lieu of cash. Such compensatory time, if approved by the City, shall
be earned at the rate of time and one-half. The amount of compensatory time
allowed to be accrued by bargaining unit members may vary by
department/division and job classification and shall be determined by the City.
Accrued compensatory time off may be requested by members of the bargaining
unit by submitting a request to their supervisor compensatory time off may be
taken in units of less than 4 hours if approved by a Division Head or his
designee. The City will attempt to allow the use of such leave as requested,
however, the City retains the right to deny or postpone employee requested
leave if and when work schedules or service delivery would in the City's
determination be negatively impacted.
ARTICLE 4. - UNION ACTIVITIES
Section 4.1 . Business Representatives of the Union
The Business Representative of the Union shall be allowed access to all
facilities of the City wherein the employees covered under this contract may
be working for the purpose of conducting necessary Union business and
investigating grievances, provided such representative does not interfere with
the normal work processes. The Business Representative shall notify the
2615W-39W
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Personnel department and/or appropriate Department Head or his/her designee
prior to visiting City facilities for the purpose of conducting necessary
Union business or investigating grievances, except in emergency situations.
Section 6.2. Disciplinary Action by the Employer
No employee shall be disciplined, suspended or discharged without .lust cause.
It is understood that no disciplinary action by the City shall be considered
cause for a grievance unless it is specifically alleged that such represents
an incorrect application of the terms of this Agreement. In no event shall
this Agreement alter or interfere with disciplinary procedures heretofore
followed by the City or provided for by City Charter, Ordinance, or law
including the procedure for appeals thereof. This clause shall not, however,
prevent the Union from affording to its members such representation in any
other proceedings as it may see fit.
ARTICLE 10. - MANAGEMENT RIGHTS
Subject only to the limitation expressly stated in this Agreement, the Union
recognizes that the City retains the exclusive rights to manage its business
including, but not limited to the right to determine the methods and means by
which its operations are to be carried on, to direct the work force and to
conduct its operations in a safe and effective manner; to establish reasonable
qualifications for employment and, to employ employees; to schedule and assign
work, to establish work and reasonable productivity standards to _assign
overtime; to determine the methods, means, organization and number of
personnel by which operations are conducted; to determine whether goods or
services are made or purchased; to evaluate employees; to discipline, suspend
and discharge employees for Just cause; and to carry out the mission of the
City, provided, however, that the exercise of any of the above rights shall
not conflict with any of the express written provisions of this Agreement.
2615W-39W
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ARTICLE 12. - WAGES CLASSIFICATIONS AND MINIMUM RATES OF PAY
NEW SECTION 12.4
Reclassifications of certain positions may become necessary in order to meet
the prevailing rate for similar positions, to recognize major changes in
functions or responsibilities or to align salaries within the bargaining unit
in order to correct any inconsistencies Employees petitioning for
reclassification consideration will do so in accordance with the provisions
set forth in City Policy No. 2.2.1 . Such petitions will be processed in a
reasonable and timely manner.
NEW SECTION 12.5
If a new job opening occurs within the bargaining unit, the City shall first
offer the opening to current Local 117 members in the bargaininq _unit who are
qualified to perform same, prior to offering the job to outside applicants.
Section 12.3. Longevity (Effective 1-1-90)
The following longevity premium pay shall apply:
1 . After 5 consecutive years of service - $25 per month
2. After 10 consecutive years of service - $30 per month
3. After 20 consecutive years of service - $45 per month
ARTICLE 13. - HOLIDAYS
Section 13. 1. Observed Dates
The following holidays shall be paid holidays for all employees covered by
this Agreement:
2615W-39W
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Holiday 1990
1) New Year's Day 1/1/90
2) Martin Luther King Day 1/15/90
3) Washington's Birthday (President's Day) 2/19/90
4) Memorial Day 5/28/90
5) Independence Day 7/4/90
6) Labor Day 9/3/90
7) Veteran's Day 11/11/90
8) Thanksgiving Day 11/22/90
9) Day after Thanksgiving 11/23/90
10) Christmas Day 12/25/90
11) Floating Holiday (personal )
12) Other holidays proclaimed by the Mayor or City Council
The City shall specify, each year, the date on which the above holidays shall
be observed.
Section 14.2. City Contributions-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. The Union and the City will
work jointly during the term of the contract to address alternative methods of
addressing the health care issue.
2615W-39W
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A) Blue Cross Prudent Buyer Plan with Dental Orthodontia and Vision
City
Contribution Employee Employee/Spouse Employee Children Family_
1990 $171 .31/mo $275.00/mo $235.00/mo $305.00/mo
B) HMO Medical Option with Dental and Orthodontia
City
Contribution* Employee Employee/Spouse Employee Children Family
1990 $126.79/mo $267.88/mo $239.85/mo $330.69/mo
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
1990 calendar year, effective 1-1-90, 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 $ 34.00 $ 0 $ 0
Employee/Child $ 30.00 $ 0 $ 0
Employee/Spouse/Child $ 75.00 $ 0 $ 45.00
The City proposes to increase its share of costs for the Blue Cross Prudent
Buyer and Group Health Plans for dependent medical insurance coverage,
effective 1-1-91 up to an additional $15.00 per month, effective 1-1-92, up to
another $15.00 additional per month (e.g. Employee & spouse - City share plus
$15.00 per month; Employee & children - City share plus $15.00 per month;
Employee, spouse & children - City share plus $15.00 per month) .
If during 1991 or 1992 the Blue Cross Prudent Buyer or Group Health Plan
premiums for employee dependent coverage exceeds the formula set forth above,
the employee will be responsible for any additional premium costs.
2615W-39W
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If during 1991 or 1992 the Blue Cross Traditional Plan premium rates for
employee dependent medical coverage set forth in Section 13.4 increase in any
amount, the employee will be responsible for any additional premium costs each
month.
MODIFIED SECTION 14.3 - 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
Section 14.1 of this Labor Agreement.
ARTICLE 23. - -STANDARD DRESS AND TOOLS
Maximum shoe allowance: 1990 $ 85.00 plus tax per pair.
1991 $ 90.00 plus tax per pair.
1992 $100.00 plus tax per pair.
Proper attire: Each employee in the bargaining unit while on duty must be
attired properly and in accordance with City Policy No. 2.2.6 and/or
reasonable rules regarding safety.
NEW SECTION
ALCOHOL OR DRUGS IN THE WORK PLACE
The City and Union agree that the City of Kent shall be a drug free workplace
(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 .
2615W-39W
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NEW SECTION - MILITARY LEAVE
The City and Union agree that members of the bargaining unit who are members
of the Washington National Guard or any Federal Reserve military unit will be
entitled to be absent with pay from their duties with the City for periods of
time up to a cumulative maximum of 15 work days (a work day = 8 hours of work)
of 15 consecutive work days during each calendar year.
Letter of Understanding - Smoking Policy
SMOKING POLICY
December 14, 1989
As a result of complaints regarding smoking, the following policy has been put
into effect:
1. No person shall smoke within the confines of the present maintenance
shops, including Golf Course maintenance, except in areas designated
at the discretion of Maintenance Superintendents, Operations Managers
and/or their designee.
2. No smoking will take place in a City vehicle when a non-smoker is
present.
3. Since smoking is not only harmful for the smoker, but also people
breathing the smoke, it is very important that smokers be considerate
of non-smokers who are around them.
As long as the policy is outlined above adequately meets the needs of the
employees, it will be followed. If future problems arise or if the city-wide
policy is changed, this policy will need to be revised also. The City will
continue to encourage employees to stop smoking by offering a smoking
cessation program as part of the City's Wellness Program.
2615W-39W
8 -
Substitution Language for Appendix "D"
MANDATORY STANDBY DUTY
This is a memorandum of understanding between the City of Kent and the Driver
Salesmen and Warehousemen's Union Local 117 and specifically concerns
mandatory stand-by duty and compensation for such duty. The Agreement as
drafted shall remain in force between January 1, 1990 and December 31, 1992.
The following agreement with respect to mandatory stand-by duty has been
reached:
During any period of time in which the City requires employees under this
Contract to perform weeknight, weekend, and/or holiday stand-by duty, the City
shall provide compensation for such duty. Weeknight duty is defined to
include all hours between the end of the normal work day, day 1 (one) and
beginning of the normal work day, day 2 (two) , etc. Weekend duty is defined
to include all hours between the end of the normal work day on Friday and the
beginning of normal work day on Monday. Holiday duty is defined as the period
of time following the end of a normal work day preceding a holiday specified
in the Labor Agreement and the beginning of the normal work day or weekend
following the holiday.
Employees assigned to mandatory stand-by will be compensated in the amount of
$1 .50 per hour for stand-by duty actually performed weeknights, Saturday,
Sunday and holidays.
2615W-39W
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llPf?ENDTX f3f3
SALARY-SCHEDULE
Effective January 1, 1990 - 1989 contractual base wade plus 4.0%.
Effective January 1, 1991 , the base contractual wage rates shall be increased
by 4 .0%
Effective January 1, 1992, the base contractual wade rates shall be increased
by 4.0%.
This constitutes the entire contract offer made by the City. The city
reserves the right to add, delete or modify any provision of this offer, lip
and until the City Council modifies same, and/or the Mayor grants approval .
In addition, this offer is made contingent upon the Union agreeing to the
Personnel/Payroll processing issues relating to automation being accepted by
the Union which were discussed early in the negotiations process.
2615W-39W
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