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HomeMy WebLinkAboutCAG1989-013 - Original - United Steelworkers of America, AFL-CIO - Correction Officers 1989-1990 Labor Agreement - 01/01/1989 fj C I T Y 0 F K E N T and UNITED STEELWORKERS OF AMERICA, AFL-CIO CORRECTIONS OFFICERS 1989-1990 LABOR AGREEMENT TABLE OF CONTENTS PAGE PREAMBLE 1 ARTICLE 1 - RECOGNITION AND BARGAINING UNIT 1 ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION 1 Section 2.1 Eligibility 1 Section 2.2 Union Membership I Section 2.3 Excluded Employees I Section 2.4 Dues Deduction 1 Section 2.5 Attendance - Negotiating Sessions/Grievance Arbitration 2 ARTICLE 3 - EMPLOYMENT PRACTICES 2 Section 3. 1 Personnel Reduction 2 Section 3.2 Severance Pay/Notice 3 Section 3.3 Establishment of Reinstatement Registers 3 Section 3.4 Recalls Section 3.5 Affirmative Action/Nondiscrimination 3 Section 3.6 Personnel Files 3 ARTICLE 4 - HOURS OF WORK AND OVERTIME 4 Section 4.1 Hours of Work 4 Section 4.2 Overtime 4 Section 4.3 Time Off in Lieu of Pay for Overtime 4 Section 4.4 Overtime Minimum - Call Back 4 Section 4.5 Overtime Pay for Court Appearances 5 ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES 5 ARTICLE 6 - SICK LEAVE 6 ARTICLE 7 - HOLIDAYS 6 7.1 Holidays Observed 6 7.2 Holiday Compensation 6 ARTICLE 8 - EDUCATION ALLOWANCE 7 Section 8. 1 General Policy 7 Section 8.2 Class Attendance 8 Section 8.3 Reimbursement for Training 8 ARTICLE 9 - ANNUAL LEAVE 8 Section 9.1 Annual Leave 8 Section 9.2 Scheduling Annual Leave 9 Section 9.3 Seniority Rights 9 ARTICLE 10 - PENSIONS 9 ARTICLE 11 - DEATH IN FAMILY/FUNERAL LEAVE 9 ARTICLE 12 - SAVINGS CLAUSE 9 ARTICLE 13 - ENTIRE AGREEMENT 10 ARTICLE 14 - MANAGEMENT RIGHTS 10 ARTICLE 15 - PERFORMANCE OF DUTY 11 Section 15. 1 Non-Strike Provisions 11 Section 15.2 Performance of Duty 11 ARTICLE 16 - CONFERENCE BOARD 11 Section 16.1 Mutual Concerns 11 Section 16.2 Contract Modification 12 ARTICLE 17 - GRIEVANCE PROCEDURE 12 Section 17. 1 Grievance Defined 12 Section 17.2 Grievance Procedure 12 Section 17.3 Arbitration Proceeding 13 ARTICLE 18 - COMPENSATION 14 Section 18. 1 Salaries 14 Section 18.2 Longevity Pay 14 Section 18.3 Temporary Assignments 15 Section 18.4 Clothing and Equipment 15 ARTICLE 19 - INSURANCE 15 Section 19. 1 Medical/Dental Coverage 15 Section 19.2 Life Insurance 16 ARTICLE 20 - WORK ASSIGNMENTS 16 Section 20.1 Shift Assignments 16 Section 20.2 Days Off 16 ARTICLE 21 - TERM OF AGREEMENT 16 PREAMBLE The agreement herein 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. ARTICLE 1 - RECOGNITION AND BARGAINING UNIT 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. 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, elect or maintain membership or nonmembership in the Union. Intent to join, in writing, must be furnished to the City prior to formal membership for the purposes 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 The following employees shall be excluded from the bargaining unit. Super- visory personnel above the rank of Corrections Sergeant, and all other noncorrections personnel of the City. 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 procedure 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 signed voluntary check-off authorization cards. - 1 - B. Each month, the City shall remit to the International Treasurer of the ther wi theallisteof employeesaandEthelamount deducttedufrom each together w employee. C. 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 sole negligence of the City. Section 2 .5 Attendance Tlegotiatinq Sessions/Grievance Arbitration A. Time off with pay shall be limited to regular negotiations 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 on duty. C. Time off required by union members to prepare for or attend grievance arbitration meetings or hearings, shall be considered leave without pay, unless substitute coverage is provided for by union members at no additional test to the City to replace those designated employees who are required to be absent from their shifts. It shall be the Chi :2f' s responsibility to determine manning levels required on all shifts. It shall be his decision as to whether substitute coverage is necessary to attend grievance arbitration proceedings. 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 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. Such factors as nature of function performed, risk to overall public safety, impact on the Police Department operations, shall be weighed to determine areas where reductions can be made. B. Reductions, transfers, or layoff of certified employees in the bargaining unit shall be accomplished in accordance with the rules and regulations established by the Kent Civil Service Commission. - 2 - Section 3 2 Severance Pay/Notice A. 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. Provided, however, this section shall only apply to employees who are terminated because of layoff by the City. Voluntary termina- tions and other terminations not classified as layoff are excluded from the provisions of this section. _Section 3.3 Establishment of Reinstatement Registers A. The names of regular or certified employees who have been laid off shall be placed upon a reinstatement register for the same class from which laid off. Such reinstatement register shall not be effective past one (1) year from the date of termination of any employee. B. Refusal to accept permanent work with the Kent Police Department from a reinstatement register shall terminate all rights granted under this section. C. Order of Reinstatement - 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 first reinstated in accordance with the rules and regulations established by the Kent Civil Service Commission. 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 year the City rehires said former employee in the same relative classification to which assigned at the date of reduction, such employee shall be placed at the step in the relative salary range which the employee occupied at the time of the original reduction. Section 3.5 Affirmative Action/Nondiscrimination It is agreed that the City and Union are mutually obligated to provide equal employment opportunity, consideration and treatment to all employees of the Kent Corrections Facility. The Union also affirms its intent to comply with the equal employment policies, including the Affirmative Action Program adopted by the City of Kent. Section 3.6 Personnel Files A. The 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 shall restrict the use of 3 - information in the files to internal use by the management of the Corrections Facility and the Personnel Department. This provision shall not restrict such information from becoming 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; provided, that nothing in this section shall prevent an employee of the City from viewing his/her personnel file in its entirety, upon written request, stating the reason for the review. B. Duplication of Documents - Materials, documents, or records will not be removed from the employee' s files by the employee. The City will duplicate materials in the folder as requested by the employee. ARTICLE 4 - HOURS OF WORK AND OVERTIME Section 4. 1 Hours of Work 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. 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 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 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. Section 4.4 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. - 4 - Section 4 5 Overtime Pay for Court Appearances In the event that court appearances are required, the City shall attempt, wherever possible, 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. 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- - 5 - 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 provi - sions in the City of Kent Policy Manual . However, members of the bargaining unit shall have their sick leave account 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. ARTICLE 7 - HOLIDAYS Section 7. 1 Holidays Observed The following holidays shall be considered as holidays for full time employees. Date Holiday 1989 1990 1) New Year's Day 1/1/89 1/1/90 2) Martin Luther King Day 1/16/89 1/15/90 3) Washington's Birthday (President' s Day) 2/20/89 2/19/90 4) Memorial Day 5/29/89 5/28/90 5) Independence Day 7/4/89 7/4/90 63 Labor Day 9/4/89 9/3/90 7) Veteran's Day 1-1/11/89 11/11/00 8) Thanksgiving Day 11/23/89 11/22/90 9) Day after Thanksgiving 11/24/89 11/23/90 10) Christmas Day 12/25/89 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 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 ear which include Martin Luther King Day; Presidents' Day; Veterans Day; and the individual floating holiday. The City will issue a holiday check to all qualified members of the bargaining unit on or about December 1 of each year for the holidays 6 - purchased. Members working less than a full calendar year will receive such holiday compensation in a proportion equal to their employment during the calendar year. C. Bargaining unit employees who are required to work on one of the holidays listed in Section 7.1 shall be compensated at the rate of 1-1/2 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 base pay for all hours worked. D. Bargaining unit employees who are required to work on one of the non-purchased holidays (7 holidays) shall in addition to the provision of "C" above be entitled to take the holiday off at a later date subject to approval of the Police Administration. E. Bargaining unit members who are required 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. Bargaining unit members whose regularly scheduled day off falls on any of the non-purchased holidays (7 holidays) shall be entitled to the holiday(s) off at a later date subject to the approval of the Police Administration. However, employees whose regularly scheduled day off fails on any of the purchased holidays (4 holidays) 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 opportuni - ties for employees, subject to budgetary limitations. The City will reim- burse 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: - 7 - the A. The course/training FacQlitysas has tobeen courpeecoPPe�teandyrelatednessmtot of the Corrections 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 wish to attend classes offered by schools, colleges, universi- ties, 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 during off-hours. Hours spent by an employee while attending class or studying for such class during off-hours, will not be considered compen- sation 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. B. Upon completion of approved training, the employee must prepare a request for reimbursement itemizing actual expenses incurred and including a copy of the training authorities' certificate of completion or grade report. C. Paid receipts for training costs must accompany the request for reimbursement. The City will reimburse the employee for only those costs that have been approved and -for which paid receipts are attached to the reimbursement request. D. Employees requesting reimbursement must submit the request, with 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 Members of the bargaining unit shall receive annual leave benefits consis- tent with the uniform policy in effect for all employees of the City of Kent. C014PLETION OF: ANNUAL VACATION HOURS 1-4 years 96 hours 5-9 years 120 hours 10-12 " 136 hours 13-16 " 144 hours - 8 - 17-19 " 152 hours 20 years and thereafter 160 hours Section 9.2 Scheduling Annual Leave Annual leave shall be granted to the employee at the time of the employee' s choosing provided the departmental work schedule would not be adversely affected. Section 9.3 Seniority Rights If two or more employees request annual leave at the same dates, and it is not feasible to allow the employees so requesting annual leave to take leave during the same period, then preference shall be granted on the basis of seniority, provided the departmental policy for requesting annual leave has been complied with by the senior person. ARTICLE 10 - PENSIONS Pensions for employees and contributions to pension funds will be governed by Washington State Statute. ARTICLE 11 - DEATH IN FAMILY/FUNERAL LEAVE Members of the bargaining unit shall receive leave with pay for death in family/funeral leave purposes consistent with the uniform policy in effect for all employees of the City of Kent. ARTICLE 12 - SAVINGS CLAUSE It is agreed that the City and the Union retain the right to reopen the 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 regulations. If any article of the 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 the agreement and addenda' shal I 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 . - 9 - ARTICLE 13 - ENTIRE AGREEMENT Section 13. 1 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. Section 13.2 Potential Modifications The City and Union agree that should the Emergency Closure Section and/or the Personnel Files Article of the Police Officers bargaining unit contract for 1990 be modified then, such modifications will be prospectively incorporated in the 1989/90 Correction' s Officer Contract along with any specific benefits associated with such modifications. ARTICLE 14 - 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. 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. - 10 - G. To determine the necessity of overtime and the amount thereof. H. 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 15 - PERFORMANCE OF DUTY Section 15. 1 Non-Strike Provisions Nothing in this agreement shall be :;onstrued 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 15.2 Performance of Duty It is agreed that all members of the bargaining unit shall perform all func- tions 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 16 CONFERENCE BOARD Section 16. 1 Mutual Concerns There shall be a Department Conference Board consisting of three (3) representatives named by the Union and three (3) representatives named by the Chief of the Department. The Department Head, or his representative, shall sit as one of the three (3) City representatives to the maximum extent practicable, but any of the six (6) members may be replaced with an alternate from time to time. It is also agreed that either party may add additional members to its Conference Board committee whenever deemed appropriate. The Conference Board shall meet as needed and shall consider and discuss matters of mutual concern pertaining to the improvement of the Division and the welfare of the employees. The purpose of the Conference Board is to deal with matters of general concern to members of the Division as opposed to individual complaints of employees; provided, however, it is understood that - 11 - the Conference Board shall function in a consultive capacity to the Chief. Accordingly, the Conference Board will not discuss grievances properly the subject of the procedure outlined in Article 17, except to the extent that such discussion may be useful in suggesting improved Departmental policies. Section 16.2 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. ARTICLE 17 - GRIEVANCE PROCEDURE Section 17.1 Grievance Defined 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. Section 17.2 Grievance Procedure Step 1 . A grievance shall be verbally presented by the aggrieved employee within five (5) working days of the alleged contract violation to the employee' s immediate supervisor. The immediate supervisor should consult and/or arrange a meeting with the employee's supervisor(s) if necessary to resolve the grievance. The parties agree to make every effort to settle the grievance at this stage promptly. The immediate supervisor(s) shall answer the grievance within five (5) working days after being notified of the grievance. Step 2. If not resolved above, the grievance shall be reduced to writing and be submitted to the Department Head by the aggrieved employee and/or the Union within seven (7) working days following the completion of Step 1. The written grievance shall include a statement of the issue, the section(s) of the Agreement allegedly violated, facts of the case, and remedy sought. A meeting shall be arranged between the City and representatives of the Union. Following that meeting the party responding to the grievance shall give its written response within five (5) working days of the completion of the meeting. - 12 - Step 3. Grievances not settled within five (5) working days following Step 2 shall then be presented by the Employee and/or the Union directly to the City Administrator or his designee. A meeting shall be arranged 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 Grievances not settled within five (5) working days following Step 3 shall then be presented by the employee and/or the Union directly to the Mayor or his designee. A meeting shall be arranged between the City and representatives of the Union. The Mayor shall then submit a decision, in writing, on the grievance within ten (10) working days from the completion of the Step 4 meeting. Copies of the decisions 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 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 ten (10) working days, be submitted to arbitration. The Union and City shall mutually select an arbiter under American Arbitration Association Procedures . Section 17.3 Arbitration Proceeding 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 the jurisdiction of the arbiter. 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. - 13 - Section 17.4 Civil Service Grievance Procedures An employee covered by this Agreement must upon initiating objections relating to disciplinary action follow pertinent Civil Service appeal procedures. Other actions subject to appeal through either this contract grievance procedure or pertinent Civil Service appeal procedures njust follow either the grievance procedure contained herein or pertinent procedures regarding such appeals to the Civil Service Commission. Under no circumstances may an employee use both the contract grievance procedure and Civil Service Commission procedures relative to the same action. ARTICLE 18 Compensation Section 18. 1 Salaries The City agrees to maintain salaries in accordance with this section. CORRECTIONS OFFICERS - 1989/1990 Correction Monthly Base Wage Officer Step 1989 1990 C.O. Probationary 1858 1932 C.O. 4 1957 2035 C.O. 3 2054 2136 C.O. 2 2161 2247 C.O. 1 2267 2358 Sergeant 2438 2536 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 on the completion of each cumulative service period completed, (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 18.2 Longevity Pay Longevity pay shall be available to all corrections officers covered by this bargaining agreement who have completed continuous services in accordance with the following schedule: 1 . After five (5) continuous years of service - $25 per month 2. After ten (10) continuous years of service - $45 per month Provided, however, that such longevity pay shall be awarded so long as otherwise qualified employees maintain positive performance evaluations and further provided that qualified employees maintain levels of physical fitness consistent with Article 20 of this Agreement. - 14 - Section 18 3 Premium Pay Premium pay of five percent (5%) above base wage shall be granted to employees while they are actively functioning as unctioninas fled training officers in the corrections division of the Kent Police Section 18.4 Temporary Assignments The City agrees to compensate members of the bargaining unit assigned by competent authority to positions of higher authority and responsibility. For purposes of this Agreement, assignment shall be limited to the positions of Corrections Sergeant and Corrections Lieutenant. A member of the bargaining unit must be assigned for a minimum of one full shift before additional compensation will be paid. Members of the bargaining unit 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 18.5 Clothing and Equipment A. The City shall furnish corrections personnel with clothing and equip- ment 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 norml uSewofr and negllectaorlabusevbyetheUnusual employeeepairs shall begpaidd to be e for by the becau beca 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 specified in Section 18.5, B, of this labor agreement. E. Corrections 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. ARTICLE 19 - Insurance Section 19.1 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 an amount equal to that provided nonrepresented employees. City contributions will vary depending upon family size. City contributions toward employee and dependent coverage will be the same as for nonrepresented employees during the life of this agreement. - 15 - Section 19.2 Life Insurance The City shall pay the entire premium of double indemnity life insurance coverage for each eligible employee in the bargaining unit. The amount of coverage will be no less than the employee's annual salary. Such coverage shall be continued in full force and effect during the life of this agree- ment. 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 19.1 of this Labor Agreement. ARTICLE 20 - WORK ASSIGNMENTS Employees of the bargaining unit will be allowed to bid for shift assignments and days off. The bidding process shall be in accordance with Appendix A of this labor agreement. ARTICLE 21 - TERM OF AGREEMENT This Agreement shall become effective when executed but no earlier than January 1, 1989, and shall remain in force until December 31, 1991. Signed this day of Po ),le 1989 at Kent, Washington. CITY F KEN UNIT I D TEELWO KERS OF AMERICA, AFL-CIO Dan Kelleher, �Mayor Lynn i ams chael R. Webby, Xrsonnel Director Edgar B 1 James an George Becke ✓,,-' Leon y qZ;�k Robert Willi Thompson avid C 1 n; I i c ae S. P'ainter, i,&Inf Local 1088 C arles E. Miller, Bargaining Committee Chair 0821W-24W (10/25/89) - 16 - 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 the Sergeant 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 six (6) months. The cycle for bids/assignments shall be implemented on the first Sunday of January, effective with the commencement of the day shift, and the first Sunday in July, effective with the commencement of the day shift. 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. The first through third bid process shall give priority to the most senior personnel for shift assignment preference. The fourth process shall result in a reversal of selection, giving first choice in shift assignment to least senior personnel . Thereafter, at the end of every third cycl i e, the personnel receiving priority shall alternate between the most senior and least senior. 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. - 17 - 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. 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 third month, (January, April , July, October) starting with the day shift. C. Employees will be allowed to bid for their days off based upon seniority. 0821W-24W (10/25/89) - 18 - KENT POLICE DEPARTMENT ANNUAL SCHEDULE ROTATION CORRECTIONS BID/ASSIGNMENT CYCLE Corrections Officers work three (3) months with assigned days off and work six (6) months with assigned shifts. FIRST SUNDAY IN JANUARY ASSIGNMENTS COMMENCE WITH DAY SHIFT BIDS FOR NEW "OFF DAYS" C011MENCE: February 8th - Bids open at 0600 - All Staff February 15th - Bids close at 1700 February 20th - Assignments Posted FIRST SUNDAY IN APRIL DAYS OFF SHIFT ASSIGNMENTS COMMENCE WITH DAY SHIFT BID FOR "NEW SHIFTS" COMMENCE: May 1st - Sgt. Shift bids open at 0600 May 3rd - Sgt. Shift bids close at 1700 May 6th - Sgt. Shift Assignment Posted May 8th - C.O. Bids open at 0600 May 15th - Bids close at 1700 May 21st - Shift Assignments Posted May 21st - Bids open for days off - All Staff May 25th - Bids close at 1700 May 30th - Final Shift and Days-off Assignments Posted FIRST SUNDAY IN JULY SHIFT ASSIGNMENTS COMMENCE WITH DAY SHIFT BIDS FOR NEW "OFF DAYS" COMMENCE: August 8th - Bids open at 0600 - All Staff August 15th - Bids close at 1700 August 20th - Assignments for "Off Days" Posted FIRST SUNDAY IN OCTOBER SHIFT ASSIGNMENTS COMMENCE WITH DAY SHIFT BID FOR "NEW SHIFTS" COMMENCE: November 1st - Sgt. Shift bids open at 0600 November 3rd - Sgt. Shift bids close at 1700 November 6th - Sgt. Shift Assignments Posted November 8th - C.O. Bids open at 0600 November 15th - Bids close at 0700 November 20th - Shift Assignments Posted November 21st - Bids open for• days off - All Staff November 25th - Bids close for days off at 1700 November 30th - Final Shifts and Days Off Assignments Posted 0821W-24W (10/25/89) - 19 - -- C MEMORANDUM DATE: September 5, 1989 TO: Chuck Miller, Chief Negotiator, Police Union FROM: M Webby, .Personnel Director gl SUBJECT: Correction Officers Contract - 19 /90 ---------------------------------------------- The purpose of this document is to outline a proposal that if acceptable to the Union can be ratified, I believe, by the Mayor and City Council . With the Union's acceptance I will meet with the Mayor and City Council in executive session this evening, Sept 5, 1989 and recommend the modified tentative agreement. Modified Tentative Agreement: * All items including all economic items as previously agreed on July 14 , 1989 . * Agreement that if the City and the Police Officers bargaining unit reach agreement to modification of their contract specifically in the areas of Emergency Closure of City Facilities and Personnel Files, those modifications will be incorporated into the 1989/90 Correction' s Officers contract. (See attached sample of the proposed (not adopted) modifications. ) Contract Modification Language Proposed: The City and Union agree that should the Emergency Closure Section and/or the Personnel Files Article of the Police Officers bargaining unit contract for 1990 be modified then, such modifications will be prospectively incorporated in the 1989/90 Correction' s Officer Contract along with any specific benefits associated with such modifications. September 5, 1989 REPORTS corridor and possibly the 228th corridor, along with any other projects which would be suitable. He asked that the two committees make their recommendations to the Council as soon as possible, so that the bond issue could be submitted to the voters next year. White noted that the City is growing rapidly and needs to plan for the future. (REPORTS - ITEM 6G) Administrative Reports, At 7:45 p.m. , the Mayor announced that there would be an executive session of approximately five minutes. EXECUTIVE The meeting reconvened at 7 :50 p.m. BITEMAN MOVED SESSION to accept the Corrections Officers contract for 1989-1990 as negotiated, including the provisions of the memo from the Personnel Director to the Police Union dated September 5, 1989. White seconded and the motion carried. ADJOURNMENT The meeting then adjourned. Brenda Jac(Z er, CMC Deputy City`Clerk 8