HomeMy WebLinkAboutHR1987-015 - Original - United Steelworkers of America, AFL-CIO Local #1088 - Kent Police Union 1987-1989 Labor Agreement - 01/01/1987 A(JG
81989
CITY
CITyOF
LE ENT
CLERK
CITY OF KENT
and
KENT POLICE UNION
1987 - 1989 LABOR AGREEMENT
TABLE OF CONTENTS
Page No.
PREAMBLE T
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT 1
Section 1 .1 . Recognition of the Union 1
Section 1 .2. Representation During Negotiations 1
Section 1 .3. Attendance - Negotiating Sessions 1
Section 1 .4. Probationers 2
ARTICLE 2. - UNION MEMBERSHIP AND DUES DEDUCTION 2
Section 2. 1 . Eligibility 2
Section 2.2. Union Membership 2
Section 2.3. Excluded Employees 2
Section 2.4. Dues Deduction 2
ARTICLE 3. - EMPLOYMENT PRACTICES 3
Section 3.1 . Personnel Reduction 3
Section 3.2. Severance Pay/Notice 4
Section 3.3. Establishment of Reinstatement Registers 4
Section 3.4. Recalls 4
Section 3.5. Affirmative Action/Nondiscrimination 4
Section 3.6. Personnel Files 4
ARTICLE 4 - HOURS OF WORK AND OVERTIME 5
Section 4. 1 . Hours of Work 5
Section 4.2. Overtime 6
Section 4.3. Overtime Minimum - Call Back 6
Section 4.4. Overtime Pay for Court Appearances 6
Section 4.5. Time Off in Lieu of Pay for Overtime 7
Section 4.6. Standby for Duty 7
Section 4.7. Fair Labor Standards. 7
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES 7
Section 5. 1 . Notification of Work Rule Changes 7
Section 5.2. Alternative Work Schedules 8
ARTICLE 6 - SICK LEAVE 8
Section 6.1 . LEOFF Employees - Plan I (Hired on or before 9/30/77) 8
Section 6.2. LEOFF Employees - Plan II (Hired on or after 1011177) 8
Section 6.3. LEOFF II Employees -- On-Duty Injury Leave Provision 9
Section 6.4. Leave to Care for Sick Dependents 9
Section 6.5. Sick Leave Accrual - LEOFF II Employees 9
Section 6.6. Sick Leave Incentive Program 9
Page No.
ARTICLE 7 - HOLIDAYS 10
Section 7. 1 . Holidays Observed 10
Section 7.2 Holiday Compensation 10
ARTICLE 8 - EDUCATION ALLOWANCE 11
Section 8. 1 . General Policy 11
Section 8.2. Officers - Policy 11
Section 8.3. Class Attendance 12
Section 8.4. Reimbursement for Training 12
ARTICLE 9 - ANNUAL LEAVE 12
Section 9. 1 . Annual Leave 12
Section 9.2. Scheduling Annual Leave 12
Section 9.3. Seniority Rights 12
ARTICLE 10 - PENSIONS 13
ARTICLE 11 - DEATH IN FAHILY/FUNERAL LEAVE 13
ARTICLE 12 - CITY SUPPLIED EQUIPMENT 13
ARTICLE 13 - SAVINGS CLAUSE 13
ARTICLE 14 - ENTIRE AGREEMENT 14
ARTICLE 15 - MANAGEMENT RIGHTS 14
ARTICLE 16 - PERFORMANCE OF DUTY 15
Section 16. 1 . Non-Strike Provisions 15
Section 16.2. Performance of Duty 15
ARTICLE 17 - CONFERENCE BOARD/COMMUNICATIONS 15
Section 17.1 . Conference Board 15
Section 17.2. Communications with the City Administrator 15
ARTICLE 18 - GRIEVANCE PROCEDURES 16
ARTICLE 19 - POLICE OFFICERS' BILL OF RIGHTS 19
Section 19.1 . Bill of Rights 19
20
ARTICLE 20 - COMPENSATION
20
Section 20.1 . Salaries 21
Section 20.2. Salary Plan 21
Section 20.3. Premium Pay 21
Section 20.4. Working out of Classification 22
Section 20.5. Longevity Pay 22
Section 20.6. Clothing and Equipment 22
Section 20.7. Compensation for Training 23
Section 20.8. Educational Incentive Plan
23
ARTICLE 21 - INSURANCE COVERAGE
23
Section 21 .1 . Legal Requirements 23
Section 21 .2. Employee Coverage 23
Section 21 .3. Dependent Coverage 23
Section 21 .4. Plans Offered 23
Section 21 .5. Selection of Flex Plan During Contract Period 24
Section 21 .6. Employee Responsibilities 24
Section 21 .7. Life Insurance 24
Section 21 .8. Forms Handling Insurance
ARTICLE 22 - PHYSICAL FITNESS PROGRAM
24
24
Section 22. 1 . Program Development/Operation 24
Section 22.2. Program Modifications
25
ARTICLE 23 - TERM OF AGREEMENT
PREAMBLE
The agreement herein contains the entire agreement between the United
Steelworkers of America, AFL-CIO, for and on behalf of Local #1088 (herein-
after known as thee Union)
and
ofthe
thisCity
agreement Wsof Kent, s fortthe(hereinafter
establishmentnoof
as the City) . Th p pose
wages, hours of work and working conditions .
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT
Section 1 .1 . Recognition of the Union.
The City recognizes the United Steelworkers of America, AFL-CIO, on behalf
of Local #1088 as the exclusive bargaining representative for all employees in
positions listed in the wage schedule.
Section 1 .2. Representation During Negotiations.
For the purpose of negotiations between the parties, there shall be no more
than three (3) official representatives, plus one (1 ) alternate, from the
Local Union. In addition, representatives of the International Union y n
present. The City may utilize no more than four (4) representatives, plus oe
(1 ) alternate, during this process.
Both the Union and the City agree to provide to the other party written notice
of their representatives ten (10) days prior to the commencement of the
negotiations. Changes of representatives by either party during negotiations
shall also be made through written notice at the earliest opportunity.
Section 1 .3. Attendance - Negotiating Sessions
A. Time off with pay shall be limited to regular negotiations sessions
between the City and the Union negotiating team members during their
scheduled duty hours. This section shall apply only to members of
the Union's negotiating team and members who may be required to
participate.
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.
Time off required by union members to prepare for or attend compul-
sory arbitration meetings or hearings shall be considered leave with-
out pay, unless substitute coverage is provided for by union members
at no additional cost to the City to replace those designated employ-
ees who are required to be absent from their shifts. It shall be the
Chief's responsibility to determine staffing levels required on all
shifts. It shall be the Chief's decision as to whether substitute
coverage is necessary to attend compulsory arbitration proceedings.
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Section 1 .4. Probationers
1 .4.1 The parties recognize the purpose of probationary employment is to
provide a trial period of employment during which the City can
observe the performance of the probationer before confirming the
rights of permanent status.
1 .4.2 During the first six months of employment, probationers shall not be
entitled to access to the grievance procedures of Article 18.
1 .4.3 During the second six months of employment, or extension of a proba-
tionary period beyond 12 months, wages, hours, and working conditions
of probationers shall be governed by applicable provisions of this
agreement.
ARTICLE 2. - UNION MEMBERSHIP AND DUES DEDUCTION
Section 2. 1 . Eligibility
The City recognizes that employees within the bargaining unit may, at their
discretion, become members of 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
nonmembership 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 Police Chief and all other officers above the rank of Sergeant shall be
excluded from the bargaining unit.
Section 2.4. Dues Deduction
The following procedure shall be followed in the deduction of dues for members
of Local #1088 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 deduction checked off on the basis of individually signed volun-
tary check-off authorization cards.
B. Each month, the City shall remit to the International Treasurer of
the United Steelworkers of America, AFL-CIO, all dues deducted
together with a list of employees and the amount deducted from each
employee.
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C. All employees hired on or after January 1, 1982 who elect not to
become members of the Union shall , in lieu of union membership, pay
an amount equal to the regular initiation fee plus a regular monthly
service fee equal to the Union dues schedule in effect for towards t e administration of this
employee as a monthly contribution
agreement.
Such service charge in lieu of dues shall be paid in the form
donation to a nonreligious charity mutually agreed upon by the Union
and City and the employee. This donation w be shall made
benthe
name
furnished to
of
the union and the employee. Proof of payment
the union by the employee for all charity donations by the end of
each month.
D. The Union agrees to indemnify and hold the City harmless against any
and all claims, suits, orders and other judgments brought or issued
against the City as a result of any action taken by the City under
the provisions of this Article, unless caused by the negligence of
the City.
ARTICLE 3. - EMPLOYMENT PRACTICES
Section 3. 1 . Personnel Reduction
Should it become necessary due to budgetary conditions, lack of work, or any
other reasonable cause, to reduce the number of employees in this unit, the
following basic provisions will apply:
A. It shall be the responsibility of the City to determine job classifi-
cation in which layoffs are to occur. Such factors as nature
tone the
of
function performed, risk to overall public safety, imp
Police Department operations, shall be weighed to determine areas
where reductions can be made.
B. Order of layoff shall be determined by job classification. Employees
with the least seniority in any classification will be laid off first.
C. Reductions or transfers of certified
wrgaining unit
ho the srules in hand aregula- tions
shall be accomplished in accordance
established by the Kent Civil Service Commission.
Section 3.2. Severance Pay/Notice
A. All certified employees shall in event of reduction in force be
entitled to two (2) weeks sum of equaltoctwoa(2)f and weeksspaylate thelc cur-
Such the time of separation, q
rent rate of pay. Such severance pay shall be in addition to any and
all monies due the employee at the ti e f to employeesartion.who ertermin�
however, this section shall only apply oluntar trminations and other
ated because of layoff by the City.
terminations not classified as layoff are excluded from the provi-
sions of this section.
-3-
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 reinstatementistr shall
of anynot be employeeffective
past one (1 ) year from
B. Refusal to accept permanent
shall with the terminateent all Police Department
granted tunder
from
a reinstatement register
this rule.
C. Order of Reinstatement - If a vacancy is to be filled from the rein-
statement register, certification shall be made on the basis of
length of service. The regular employee on such register who has the
the parties
most service credit shall be first reinstated; provided,
may agree to reinstatement out of such regular order upon showing of
efficiency or that such a�ver�el 1 affected the
angood
opportunity to beeheardafter
giving the employee(s) Y
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
he tbe placed
the original step
in iothe
relative salary
range which he occupied at
n.
Section 3.5. Affirmative Action/Nondiscrimination
It is agreed that the City and Union are mutually obligated
btogaal ld to employees provide equal
gthe
employment opportunity, consideration with the
Kent Police Department. The Union also affirms its intent to comply
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 Poli the use of
Department
information in the files to internal use by the
and/or Personnel Director. 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 from viewing his original personnel file in
its entirety, upon written request, stating the reason for the
review. Such review will be conducted
inthe
presence of the Chief,
Captain, or Lieutenant of the
g. Duplication of Documents - as files ,by documents,
employeerecords
Duplication nor
be removed from the employee
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materials in the folder will be done only by the Police
Administration.
ARTICLE 4 - HOURS OF WORK AND OVERTIME
Section 4. 1 . Hours of Work
The normal working hours for employees covered by this agreement shall not
exceed the equivalent of forty hours per week on an annualized basis.
A. The normal work week for officers in the patrol division,
traffic,
canine, crime prevention and other uniformed assignments, except for
modifications that ma ur b(4) coe through the nsecutive
nsecuti ve days provisions
o h
is
followed by
Agreement, shall be fo
three (3) consecutive days off.
B. Unless otherwise agreed, the
evershifts
ei eighty-four patrol
divisions
with days schedule
off
will normally be rotated Y 9 be requiredoff
annually every align forty-two
shift rotatiionswith college quaon may rters.
annually
C. The normal work week for officers working as detectives, research and
development, training officer, or new assignments that may w
ork
closely with the police department administration may be either a
five (5) and two (Z) or four (4) and
ublichrand/or schedule
departme�thowith
based upon the needs of P
Saturday and Sunday off, provided however, in the event it becomes
necessary to expand the number of days in service,
the normal work
week may be set at five (5) or four (4) consecutive days exclusive of
Sunday. Should such scheduling be required, the Union will be
notified in advance of such change and the reasons necessitating it.
D. The normal 4-3 shift shall be ten ( 10) hours. The normal 5-2 shift
shall be eight (8) hours.
E. In the event the Police Administration changes an employee' s normal
work schedule, the Administration agrees to provide fourteen (14)
calendar days notice prior to the effective date of Administration
change,
except for emergency situations as determined by
the which make it impractical to give such notice.
Section 4.2. Overtime
A. Detectives on a 5-2 or 4-3 week shall be paid at the rate of time and
one-half for all hours worked in , excess of forty (40) in one
even dy
ex
clusive of
Pre-authoriz
consecutive edsovertimea shall be provided ded for all hours lunch
in excess of
the regular shift.
B. Patrol officers on a 4-3 week shall be paid at the rate of per e and
one-half for all of lunch hours
eri d worked
and for al lexcess
hourrs on ten
a (fuO) hours rl ugh day.
inclusive P
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C. In all cases overtime will be computed to the nearest one-half (1/2)
hour.
Section 4.3. Overtime Minimum - Call Back
Employees "called back" to work shall receive a minimum of two (2) hours pay
at the overtime rate for the work for which they were called back. This
provision applies when such call back results in hours worked which are not
annexed consecutively to either the beginning or end of a regular shift.
Section 4.4. Overtime Pay for Court Appearances
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 t oche
appearances shall receive a minimum of three (3) hours pay a
overtime rate, for separate court appearances in accordance with
Section 4.4-C. Court appearances
officer' s are regulaonsaU�yi ely shiftanshal shall to
be
the beginning or end of an
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
in accordance with Section 4.4-C. Court
separate court appearances
appearances which are consecutively annexed to the beginning or end
of an officer' s regular duty shift shall be treated as regular
the provisions of (A) and (B)
overtime and shall not be subject to
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.
constit to Continuance
a separate courf a t appeap ancence into
the afternoon shall
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.
-6-
Section 4 5 Time Off in Lieu of Pay for Overtime
Employees who wish to take time off in lieu of receiving overtime pay may do
so provided:
A. Departmental scheduling will allow the employee to take time off.
B. An employee may accumulate up to 80 hours of time off. All hours
above 80 must be paid unless special approval is received from the
Chief and Personnel Director.
Section 4.6. Standby for Duty
A. The City and Union agree that the use of standby time shall be
minimized consistent with sound law enforcement practices and
maintenance of public safety. Standby assignments shall be for a
fixed, predetermined period of time not to exceed a regular shift,
unless the public safety is considered endangered, and then shall
extend as long as it is deemed necessary by the Police administration.
B. Employees formally placed on standby status shall be compensated on a
basis of one ( 1 ) hour at the regular straight time rate for every two
(2) hours or portion thereof of standby time. If an employee is in
fact called back to work, overtime provision will take effect upon
reporting for duty.
ARTICLE 5 - DEPARTMENTAL WORK RULES AND WORK SCHEDULES
Section 5. 1 . Notification of Work Rule Changes
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 department. Conferences to discuss such changes
may be arranged prior to the time such changes would become effective. How-
ever, nothing in this section shall be construed to limit the City from
exercising its management responsibilities, provided, however, that when
changes in procedure or department operating would cause a reduction in force
or layoff of any employee, such proposed change, including the effective date
shall be provided in writing to the Union in advance of making the proposed
change.
Section 5.2 Alternative Work Schedules
In the event the Police Chief and/or the .Union determines it is necessary to
change the normal work schedule, the moving party will submit the proposed
change and reasons therefore to the other party. The parties will meet and
confer in good faith with regard to the necessity for such change. The
purposes of such meeting(s) shall be to determine how the manpower needs of
-7-
the City can be met; provided that it is recognized by both parties that a 5-2
work schedule for patrol division personnel is unacceptable to the Union at
this time and, therefore, will not be considered for implementation during the
term of this agreement, unless by mutual agreement of the parties. The total
number of scheduled work hours on an annualized basis (net) for patrol
division personnel shall be 2080.
In the event that no mutual understanding can be reached with regard to the
modified work schedule, either on a pilot or permanent basis, within sixty
(60) days of the commencement of meetings, the schedule will remain in its
current configuration prior to the proposed change, pending the outcome of an
arbitration hearing, if either party deems it necessary. The jurisdiction of
the arbiter shall be solely to determine whether or not sufficient
justification exists for the proposed change in the work schedule. The
parties shall utilize the AAA procedures for the selection of an arbiter.
Section 5.3. The parties acknowledge their past practice to consider and
approve modifications to the normal work schedule and rotation cycle for
employees with a demonstrated need. If such modified work schedules are
approved by the Police Chief, the employee, and the Union, the parties agree
to continue the past practice of allowing members of the bargaining unit to
work such mutually agreed schedules.
ARTICLE 6 SICK LEAVE
Section 6.1 Sick Leave Benefits
All sick leave benefits for "LEOFF" personnel shall be in accordance with the
Revised Code of Washington (RCW) , provided however, that LEOFF employees of
the Kent Police Department shall not be required to submit sick leave approval
requests to the LEOFF Board for absences due to illness that do not extend
beyond three (3) consecutive working days. Approval for up to and including
three (3) days sick leave for any one occurrence shall be the responsibility
of the Chief of Police.
Section 6.2 Sick Leave Accrual
6.2.1 LEOFF I Employees
Officers hired by the City prior to 10101177, or otherwise qualify for the
benefits of LEOFF I under the RCW, will not accrue sick leave. These officers
will have up to six (6) months for any single illness or injury as approved by
the LEOFF Board.
6.2.2 LEOFF II Employees
Officers hired by the City on or after 10/01/77 shall accrue sick leave at the
rate of eight (8) per month in accordance with City Policy, however, the
following modification shall apply. Employees shall accrue sick leave at the
accelerated rate of twelve (12) hours per month for the life of this contract
or for three (3) years after date of hire, whichever occurs later. However,
under no conditions will an employee's accrual exceed 960 hours.
-8-
Section 6.3 LEOFF II Sick Leave Usage
All LEOFF employees shall be entitled to use sick leave for personal illness
in accordanoe with City Policy.
Section 6.4 LEOFF II Employees--On-Duty Injury Leave Provision
Employees injured while on-duty must apply for "Worker's Compensation
Benefits" for disability periods described in City Policy. Questions of
policy clarification or interpretation should be referred to the Personnel
Director in writing.
Employees injured on-duty and qualified for "Worker's Compensation" shall have
their salary at the time of injury maintained for a period not to exceed six
(6) months. This shall be accomplished through a combination of "Worker's
Compensation" time loss payments and the balance supplemented by the City.
During such disability, the City shall continue to contribute towards the
employee's and dependent's medical/life insurance program at its presidability
level . Further, the employee shall continue to accrue annual leave and sick
leave benefits while disabled for the period not to exceed six (6) months.
Section 6.5 Leave to Care for Sick Dependents
Paid leave will be granted to any employee required to care for or attend to
an immediate family member who is sick or temporarily incapacitated and
requires the assistance of the employee. Such leave is not cumulative and
shall not exceed six (6) shifts per calendar year. Employees who require
leave time in excess of six (6) shifts per year shall be required to take comp
time, annual leave, or leave without pay for the excess time required.
Administration and approval of the above shall be consistent with the
provisions in the City of Kent Police Manual .
Section 6.6 Sick Leave Incentive Program
Employees who use a total of three (3) days of sick leave (personal and/or
family) or less during the calendar year shall receive one additional day of
time off with pay which shall be used during the next calendar year.
Scheduling of the time off shall be with approval of the Police Administration.
ARTICLE 7 - HOLIDAYS
Section 7.1 . Holidays Observed
The following holidays shall be considered as holidays for full time employees.
1 . New Year's Day
2. Martin Luther King Day
3. President's Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
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8. Thanksgiving Day
9. Day after Thanksgiving
10. Christmas
11 . Floating Holiday
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
110 hours of time off with pay and compensation in lieu of time off
during each year.
B. The City shall purchase four (4) holidays from members of the
bargaining unit each year which include Martin Luther King Day;
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 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.
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 falls 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.
-10-
ARTICLE 8 - EDUCATION ALLOWANCE
Section 8.1 . General Policy
The City recognizes the need to encourage and promote education opportunities
for employees, subject to budgetary limitations. The City will reimburse
personnel for costs incurred in receiving approved training upon satisfactory
completion of such training.
Eligible costs include:
A. Tuition
B. Books
C. Fees associated with training
If a officer is attending an accredited State institution, the officer shall
be reimbursed based upon that institution's tuition schedule. If an officer
is attending a non-State supported institution, the officer shall be
reimbursed on the basis of the University of Washington tuition schedule.
Section 8.2. Officers - Policy
The City shall reimburse a officer for actual cost of books, tuition, and
course fees while attending approved courses. Approval to attend reimbursed
training shall be requested by June 1 , of each year, for the next calendar
year. Approval should include:
A. Course list
B. Reason for taking the course
C. Approximate cost
The Chief will then review and approve the total training requests and include
the cost in the budget. Once the budget is set, very few, if any changes can
be made. Interim changes will be considered by the Chief and acted on only if
budget is available.
Commissioned officers who are working in the AA Degree Police Science Program
will be reimbursed for costs of courses in that degree program provided:
A. The program/school is approved by the Chief.
B. The employee submits his training plan to the Chief for inclusion in
the budget.
Section 8.3. Class Attendance
Employees who wish to attend classes offered by schools, colleges,
universities, or other training organizations must do so during their
off-hours. In special cases, subject to departmental approval , an irregular
work schedule may be arranged in order for an employee to attend courses that
are not offered during off-hours. Hours spent by an employee while attending
class or studying for such class during off-hours, will not be considered
compensable hours.
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Section 8.4. Reimbursement for Training
A. If reimbursement is available through outside grant funds, or any
other potential source, then reimbursement shall be through that
source. (G.I . benefits shall not be considered outside funds for
purposes of this section).
B. Upon completion of approved training, 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 (90) calendar days following successful
completion of the approved course(s) . Requests not received within
90 days will not be considered for reimbursement.
ARTICLE 9 - ANNUAL LEAVE
Section 9.1 . Annual Leave
Members of the bargaining unit shall receive annual leave benefits consistent
with the uniform policy in effect for all employees of the City of Kent.
Section 9.2. Scheduling Annual Leave
Annual leave shall be granted to the employee at the time of his choosing
provided the departmental work schedule would not be adversely affected.
Section 9.3. Seniority Rights
A. 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.
B. Annual leave scheduling for personnel shall not be contingent upon
leave scheduling for civilian personnel nor affected thereby.
ARTICLE 10 - PENSIONS
Pensions for employees and contributions to pension funds will be governed by
applicable Washington State Statute.
-12-
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. Provided, however, that where the policy
states that sick leave accumulated may be used when leave required is greater
than three (3) days, this shall be interpreted as "additional leave with pay"
for those employees covered by LEOFF who do not accumulate sick leave.
ARTICLE 12 - CITY SUPPLIED EQUIPMENT
In placing this agreement into effect, the City agrees to continue to provide
the necessary articles of equipment to enable the employee to perform hisbut her
duties, as has been done prior to this agreement. This shall include, itenot
be limited to, providing flashlight batteries, notebooks,
pens/pencils and other necessary minor articles of equipment of the nature
specified herein.
ARTICLE 13 - 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 Standards Act (FLSA) or implementation of or amendment to United
States Department of borlRegolamendmentst is implemendtedtbydlarat the or regulatPonsn9
of the contract pertainsy
If any article of the agreement or any addendums 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 addendums shall not be affected
thereby and the parties shall enter immediate collective bargaining
negotiations for the purpose of arriving at a mutually satisfactory
replacement of such article.
If any provisions of this agreement are found by a court of competent
jurisdiction to be in conflict
of Washington, ent Civil Sery the latter hallice prevaileS and
Regulations or Laws of the State
ARTICLE 14 - ENTIRE AGREEMENT
The agreement expressed writingherein in constitutes
add to orthe entire supersede anyrofmits
between the parties and no oral statement
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, each voluntarily and without qualification agree to waive the
right to oblige t s he' oher party t eferredln with to or coveredct to by thisny subject agreement. or
not
matter whether or specifically
-13-
ARTICLE 15 - MANAGEMENT RIGHTS
The Union recognizes that an area of responsibility must be reserved to
management if it is to funtfollowinon eCresponsibilitiescare,notnsubject this
to
principle, it is agreed that the9 Unless
collective bargaining and management representatives of the City.
specifically modified by sections in this Agreement, management retains the
exclusive right to:
A. Determine the management notawithinothethe scope select
this Agreement.' and
promotion for occupations
B. Direct employees of the City in the performance of their official
duties.
C. To hire, promote, transfer, assign, and retain employees in positions
in the City, and to suspend, demote; discharge, or take other
disciplinary action against such employees subject to Civil Service
rules and regulations of the City of Kent and the State of Washington.
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 certain officers or
employees.
F. To take whatever actions may be necessary to carry out police
functions in emergency situations.
G. To determine the necessity of overtime and the amount thereof.
H. To maintain efficiency of government operations intrusted to
management.
I . To determine and administer policy.
tended
all
be
The above listing of specific management of hany rights ofts are not n the City not nor h listed
considered restrictive of, or as awaiver
herein. Such inherent management responsibilities are not subject to
arbitration and shall remain exclusively with the City except as they may be
shared with the Union by specific provisions of the Agreement.
ARTICLE 16 - PERFORMANCE OF DUTY
Section 16.1 . Non-Strike Provisions
Nothing in this agreement shall be construed to give an employee the right to
strike and no eraPloyee shall s T e or refuse operform will mwh notigned condone nes
or
to the best of his ability. The Union agrees that
r form of wor
cause any strike, slowdown,
mass
k call,
the Kent Pole ce Departmentk stoppage
or interference to the normal o peraton
-14-
Section 16.2. Performance of Duty
It is agreed that all members of the bargaining unit shall perform all
functions and duties required by laws of the State of Washington, ordinances
of the City of Kent, and Civil Service rules and regulations and operating
policies of the department. Provided, however, where articles or sections of
this agreement are in conflict with the above, the above shall prevail .
ARTICLE 17 - CONFERENCE BOARD/COMMUNICATIONS
Section 17.1 . Conference Board
There shall be a department conference board consisting of two (2) members
named by the Union and two (2) officers of the department named by the Chief.
The Chief of the department, or a representative, shall sit as one of the two
(2) officers to the maximum extent practical , but any of the four (4) members
_may be replaced with an alternate from time to time. A representative of the
Mayor may be requested to attend conference board meetings at the discretion
of either party. The conference board shall meet quarterly or more often as
mutually determined and shall consider and discuss matters of mutual concern
pertaining to the improvement of the department and the welfare of the
employees.
The purpose of the conference board is to deal with matters of general concern
to members of the department as opposed to individual complaints of
employees. Accordingly, the conference board shall not discuss grievances
properly the subject of the procedure outlined in Article 18, except to the
extent that such discussion may be useful in suggesting improved department
policies. Either the Union representative or the City representatives may
initiate discussion of any subject of a general nature affecting the
operations of the department or its employees. An agenda shall be prepared
and distributed in advance of each meeting and minutes shall be kept. Nothing
in this article shall be construed to limit, restrict, or reduce the
management prerogatives outlined in this agreement.
Section 17.2. Communications with the City Administrator
The Union and City agree that areas of general concern not specifically
mentioned in this contract may arise. Such concerns may be related to
interpretation of procedures, changes in policies, working conditions, etc. ,
that may generally affect employees or City rights and responsibilities.
Acknowledging that such concerns could arise and further that such concerns
are of a nature that they should not properly be considered under the
Grievance Article of this agreement, the following procedure shall be
established to allow either the City or Union to directly address issues or
questions of concern.
A. The coordinators of this procedure shall be the Union President and
City Administrator or their designees.
-15-
B. Meetings may be initiated by either the City or Union by request. A
mutually agreeable meeting time and place will be set.
C. A proposed agenda of items to be discussed shall be prepared and
distributed in advance of a proposed meeting. Statements,
fact-finding results, etc. , should be available in writing for review
in order to explain or clarify areas of concern.
D. Minutes of each meeting shall be kept.
ARTICLE 18 - GRIEVANCE PROCEDURES
Section 18.1 . Any dispute between the Employer and the Union or between the
Employer and any employee covered by this Agreement concerning the applica-
tion, claim of breach or violation of the express terms of this Agreement
shall be deemed a grievance. Provided however, disciplinary action shall not
be subject to this grievance and arbitration process (See 18.8) .
Section 18.2. Every effort will be made to settle grievances at the lowest
possible level of supervision with the understanding grievances will be filed
at the step in which there is authority to adjudicate, providing the immediate
supervisor (Lieutenant of permanent status or above) is notified. Employees
will be unimpeded and free from restraint, interference, coercion,
discrimination, or reprisal in seeking adjudication of their grievance.
Section 18.3. Grievances processed through Step 3 of the grievance procedure
shall be heard during normal City working hours unless stipulated otherwise by
the parties. Employee representatives involved in such grievance meetings
during their normal City working hours shall be allowed to do so without
suffering a loss in pay.
Section 18.4. Any time limits stipulated in the grievance procedure may be
extended for stated periods of time by the appropriate parties by mutual
agreement in writing. Failure by the union and/or employee to comply with any
time limitation of the procedure in this Article shall constitute withdrawal
of the grievance. Failure by the Employer to comply with any time limitation
of the procedure in this Article shall allow the Union and/or the employee to
proceed to the next step without waiting for the Employer to reply at the
previous step.
Section 18.5. A grievance in the interest of a majority of the employees in a
bargaining unit shall be reduced to writing by the Union and may be introduced
at Step 3 of the grievance procedure and be processed within the time limits
set forth herein.
Section 18.6. A grievance shall be processed in accordance with the following
procedure:
Step 1 A grievance shall be verbally presented by the aggrieved
employee or the employee and/or shift representative within 10
(10) working days of the alleged contract violation to the
employee's immediate supervisor. The immediate supervisor
should consult and/or arrange a meeting with his supervisor(s)
-16-
if necessary to resolve the grievance. The parties agree to
make every effort to settle the grievance at this stage
promptly. The immediate supervisor(s) shall answer the
grievance within ten (10) working days after being notified of
the grievance.
Step 2 If the grievance is not resolved as provided in Step 1, it shall
be reduced to written form, citing the section(s) of the Agree-
ment allegedly violated, the nature of the alleged violation and
the remedy sought. The Grievance Committee or its designee
and/or aggrieved employee shall then forward the written
grievance to the Chief with a copy to the City Personnel
Director within ten (10) working days after the Step 1 answer.
The Chief shall convene a meeting within ten (10) working days
after receipt of the grievance between the aggrieved employee,
shift representative and/or Committee Representative, together
with Department representatives. The City Personnel Director or
a designee may attend said meeting. Within ten ( 10) working
days after the meeting, the Division Head shall forward a reply
to the Union.
Step 3 If the grievance is not resolved as provided in Step 1 above or
if the grievance is initially submitted at Step 3 pursuant to
Sections 18.2 or 18.5, the grievance shall be reduced to written
form which shall include the same information specified in Step
2 above. The grievance shall be forwarded within ten (10)
working days after receipt of the Step 1 answer or if the
grievance was initially submitted at Step 2 it shall be
submitted within ten (10) working days of the alleged contract
violation. Said grievance shall be submitted by the Grievance
Committee or its designee and/or aggrieved employee to the City
Administrator with a copy to the Chief. The City Administrator
or a designee shall investigate the grievance and, if deemed
appropriate, shall convene a meeting between the appropriate
parties. The Administrator shall thereafter answer in writing
ten (10) working days after receipt of the grievance or the
meeting between the parties.
Step 4 If the grievance is not settled in Step 3, either of the signa-
tory parties to this Agreement may refer the grievance to
arbitration.
The City (through its City Administrator or designee) and the
Union may select a third disinterested party to serve as an
arbitrator. In the event that the parties are unable to agree
upon an arbitrator, the grievance shall be referred to the
American Arbitration Association for arbitration to be conducted
under its voluntary labor arbitration regulations. When the
grievance is submitted to the American Arbitration Association,
the arbitrator shall be selected from a list obtained from the
Association by both the City representative and the Union, each
alternately striking a name from the list until only one name
remains. Cases that are referred to arbitration shall be so
-17-
ndar
after
referred the
nSte yanswer andeshall be saccompaniede with the
receipt of h p 3
following information.
a. Identification of selections of the Agreement allegedly
violated
b. Nature of the alleged violation
C. Remedy sought
Section 18.7. In connection with any arbitration proceeding held pursuant to
this Agreement, it is understood as follows:
1 . The arbitrator shall have no power to render a decision that
will add to, subtract from, alter, change, or modify the terms
of this Agreement, and the power shall be limited to the
interpretation or application of the express terms of this
Agreement, and all other matters shall be excluded from
arbitration.
2. The decision of the arbitrator shall be final , conclusive and
binding upon the City, the Union, and the employee involved.
3. The cost of the arbitrator shall be borne equally by the City
and the Union, and each party shall bear the cost of presenting
its own case.
4. The arbitrator' s decision shall be made in writing and shall be
issued to the parties within thirty (30) days after the case is
submitted to the arbitrator.
5. Any arbitrator selected under Step 4 of this Article shall
function pursuant to the voluntary labor arbitration regulations
of the American Arbitration Association unless stipulated
otherwise in writing by the parties to this Agreement.
Section 18.8. 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 must
follow either the grievance procedure contained herein or pertinent procedures
regarding such appeals to the Civil Service Commission. Under no circum-
stances may an employee use both the contract grievance procedure and Civil
Service Commission procedures relative to the sarne action.
Section 18.9. Arbitration awards or grievance settlements shall not be made
retroactive eyond based the date of the that date being tenu (10)ce or workingndaysrornce lesspon priori
ch the
grievance is to the
,
initial filing of the grievance.
-18-
ARTICLE 19 - POLICE OFFICERS' BILL OF RIGHTS
The City retains the right to adopt rules for the operation of the Kent Police
Department and the conduct of its employees provided that such rules do not
conflict with City Ordinances, City and State Civil Service rules and regula-
tions as they exist, or any provision of this Agreement. It is agreed that
the City has the right to discipline, suspend, or discharge any employees
subject to the provisions of the City Ordinances, City and State Civil Service
Rules and Regulations as they exist at the time of the incident and terms of
this Agreement.
Section 19.1. Bill of Rights
A. In an effort to ensure that investigations made by an officer as
designated by the Chief of Police of the Kent Police Department, are
conducted in a manner which is conducive to good order and
discipline, the employees shall be entitled to the protection of what
shall hereafter be termed as the "Police Officers' Bill of Rights."
B. Every employee who becomes the subject of an internal investigation
shall be advised at the time of the interview that he is suspected of:
1. Committing a criminal offense;
2. Misconduct that would be grounds for termination, suspension, or
other disciplinary action; or
3. Not be qualified for continued employment with the Department.
C. Any employee who becomes the subject of a criminal investigation may
have legal counsel present during all interviews. This
representation by counsel is confined to counseling, and not to
actual participation in the investigation. A criminal investigation
as used herein shall be interpreted as any action which could result
in the filing of a criminal charge. A major investigation as used
elsewhere in this article shall be interpreted as any action which
could result in dismissal from the Department or the filing or a
criminal charge.
D. The employee under investigation must, at the time of an interview,
;n .-karma of the investi4ation
interview dictates thenormalworkday of the City.
interviews shall
be scheduled duringe
G. At the cost of the requesting party, the employee or City may request
that a major investigation interview be recorded, either mechanically
or by a stenographer. There can be no "off-the-record" questions.
Upon request, the employee under a major investigation shall be
provided an exact copy of any written statement the employee has
signed, or at the employee's expense a verbatim transcript of the
interview.
H. Interviewing shall be completed within a reasonable time and shall be
done under circumstances devoid of intimidation or coercion. In all
major investigation interviews, the employee shall be afforded an
opportunity and facilities to contact and consult privately with an
attorney of the employee's choosing, before being interviewed. The
employee shall be entitled to such intermissions as the employee
shall request for personal necessities, meals, telephone calls, and
rest periods. Any intermissions of over fifteen minutes requested by
the employee in a one hour period will be without pay.
I. No employee who is the suspect in an investigation shall be required
to unwillingly submit to a polygraph test or to unwillingly answer
questions for which the employee might otherwise properly invoke the
protection of constitutional amendment against self-incrimination.
Nor shall this employee be dismissed for or shall any other penalty
be imposed upon the employee solely for a failure to submit to a
polygraph test, or to answer questions for which the employee might
otherwise invoke the protection of any constitutional amendment
against self-incrimination and provided further, that this provision
shall not sonsap n the fieldofpublic1dlawpplication enforcementowhompare
or
to per seeking
promotion.
J. Should any section, subsection, paragraph, sentence, clause or phrase
in nal or
reasonarticle
decision be ondshallenotnaffectttheovalid validity
a,
for any
of the remaining
reon,
portions of this article.
K. The union recognizes the administration's effort to improve
procedures involving complaints against its members. In an effort to
here
ensure that these procedures are accomplishing their goals,
will be an annual review of the procedures in a meeting between the
union and the department's administration.
ARTICLE 20 - COMPENSATION
Section 20.1. Salaries
The City agrees to maintain salaries in accordance with this section.
-20-
POLICE SALARIES - 1987
PATROL STEP
MONTHLY BASE
WAGE
REQ. MONTHS
STEP
CUMULATIVE PRE -
REQUISITE SERVICE
CLASSES
1987
1988
1989
IN EACH
1. Patrol
Prob.
2038
2120
2205
6 mo.
12
6 mo.
2. Patrol
4
2204
2341
2292
2435
2384
2532
mo.
12 mo.
18 mo.
3. Patrol
4. Patrol
3
2
2491
2591
2695
12 mo.
30 mo.
42 mo.
5. Patrol
1
2656
2762
2872
6. Sergeant
2966
3085
3208
Section 20.2 Salary Plan
requires that any officer in the Department must
The above salary pan the
satisfactorily serve forty-two (42) consecutive monthlan n Chan esn P ingrade
Department in order to reach the top step the pay p 9
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 police experience or training allow employees to be hired
at grades higher than probationary.
rba y. a With case -buck exceptions,
ons, cumulative service
requirements shall be determined
Section 20.3. Premium Pay
A. Premium pay of one hundred dollars ($100) per month in addition to
regular pay shall be granted to officers who are assigned to the
Detective Unit, traffic officer, rime officer, ERTomembersarch and and
c can
ine ee , unitfthe Kent
officer,
Police Department.
B. Premium pay of one hundred dollars ($100) per month in addition to
regular pay shall be granted to employees while they are actively
functioning as field training officers in the patrol division of the
Kent Police Department.
C. It is understood that there will be no pyramiding of premium pay and
that an officer can only receive premium pay for one assignment at a
time.
Section 20.4. Working out of Classification
A. Any employee who is assigned to perform duties of a higher paying
classification for periods of one full shift or more, shall be paid
at the rate of the higher classification. Provided, however,
he
employee will only be paid the higher rate if his temporary
assignment equals or exceeds one regular shift.
B. Only temporary assignments
,fe"working the out of sition of cTassification'e pay, and above
shall be considered for
-21-
C. Police administration must
provisions of this section
classifications, temporary
working out of his regular
of acting Sergeant shall
absent from his shift.
Section 20.5. Longevity Pay
make formal acting assignments before
apply, naming person placed in temporary
rank, and length of time employee will be
classification. Appointments to the rank
be made whenever a regular Sergeant is
Employees shall receive longevity pay in accordance with the following
schedule for the proportionate years of continuous service.
After 5 years
After 10 years
$25 per month
$45 per month
Longevity allowance shall begin on the first day following the anniversary
date of the employee.
Section 20.6. Clothing and Equipment
A. The City shall furnish employees with clothing and equipment required
to perform their assigned duties. Quantity of items shall be in
accordance with past practice.
B. The City will repair damage to clothing or equipment which is due to
normal wear and tear in service. Unusual repairs required to be made
because of neglect or abuse by the employee shall be paid for by the
employee responsible.
C. Approved accessories to the uniform, which are optional in nature,
shall be provided by the employee according to personal preference.
D. Cleaning and laundry of uniforms supplied by the City shall be the
responsibility of the employee.
E. Officers who are normally assigned to the Detective Division, Crime
Prevention, Training, and Research or other assignment when civilian
clothing is appropriate will be allotted:
1. $400 per year for civilian clothing.
2. Be provided uniforms by the City.
Section 20.7. Compensation for Training
A. The employee agrees to waive any overtime compensation due him as a
result of his attendance at the Washington State Law Enforcement
School commonly referred to as "basic school."
B. While attending "basic school", the employee shall be relieved of all
police -related duties, provided that if an employee is required by
the City to perform police duties in addition to attending "basic
school", the employee shall be compensated pursuant to Section 4.2_
-22-
C. The City agrees to compensate pursuant to Section 4.2 any employee
for training time which is a result of an employee's required
attendance at any symposium, seminar, or training school.
Section 20.8. Educational Incentive Plan
An Education Incentive Program shall be provided for qualified police
officers. For those officers who qualify, educational levels will be
compensated at the following rate:
1. AA degree - $ 30.00 per month
2. BA degree - $ 60.00 per month
3. MA degree - $ 90.00 per month
4. PHD degree - $120.00 per month
Compensation will be provided based upon the highest educational level
attained and there shall be no pyramiding of educational degrees.
ARTICLE 21 - INSURANCE COVERAGE
Section 21.1 Legal Requirements
The City shall provide medical coverage of LEOFF employees as required by law.
Section 21.2 Employee Coverage
Employees in the bargaining unit shall receive a fully paid health and
accident and/or dental coverage plan underwritten by a company who provides
such insurance nation wide. The premium cost shall be paid by the City.
Section 21.3 Dependent Coverage
Employees in the bargaining unit have dependent coverage available under the
plan(s) offered by the City. For the contract years 1987/89, the City's
contribution for dependent medical/dental premiums shall not exceed $115.00
per month. The actual amount contributed (up to the maximum) shall be
determined by the number of dependents and related premium charged by Blue
Cross for a spouse and two or more dependent children.
Section 21.4 Plans Offered
For the term of the contract the following health and accident plans will be
offered to bargaining unit members:
1. Blue Cross�of Washington and Alaska
2. Group Health Cooperative
The City and the Union are concerned about the increasing rise in the cost of
medical care. The parties thereby agree to work together to seek alternatives
(self insurance, different insurance carrier, or the like) in order to reduce
costs to the parties, yet maintain comparable benefits.
-23-
Section 21.5 Selection of Flex Plan During Contract Period
Prior to years 1988 or 1989 (no later than October 1 of either year), the City
will meet and confer at the Union's request regarding the entire bargaining
unit's move to the Flexible Medical Insurance program. If the Union elects to
move to the Flex Plan, at its then established employee/dependent allocations
and coverage premiums, then the Union agrees to retain the Flex Plan coverage
throughout the remaining term of the Labor Agreement.
Section 21.6 Employee Responsibilities
Each employee shall be responsible for obtaining and filling out necessary
application forms, change in coverage forms, or providing other information
necessary to determine eligibility for insurance coverage.))
Section 21.7 Life Insurance
The City shall pay the entire premium of a $10,000 double indemnity life
insurance policy for each eligible employee in the bargaining unit. Such
policy shall be continued in full force and effect during the life of this
agreement.
Section 21.8 Forms Handling Insurance
The Union and its membership agree to cooperate with the City in all
requirements relating to insurance forms and processing such. It is mutually
agreed that forms handling is a necessary part of the employee and City's
duties, and that expeditious handling is in the best interest of both parties.
ARTICLE 22 - PHYSICAL FIT14ESS PROGRAM
Section 22.1 Program Development/Operation
The City and Union will work together in the development and implementation of
the physical fitness programs and standards. The Union acknowledges the
City's right to establish, administer and apply physical programs and
standards. Such fitness standards shall be job related and shall apply to all
members of the bargaining unit.
It is understood by the parties that the City shall not take a disciplinary
action, based on solely an employee's failure to meet or maintain such a
standard, such discipline may be maintained when the employee's failure to
meet or maintain such a standard results in, or contributes to, the employee's
failure or inability to satisfactorily perform duties.
Section 22.2 Program Modifications
Conferences to discuss changes in program
administration of program or standard will be
outlined in Article 17 of this Labor Agreement.
Union in advance of changes in program
administration of a program or standard.
or standards, or manner of
conducted following procedures
The City agrees to notify the
or standards, or manner of
-24-
CITY OF MIEN r3
Mr. Michael Painter
Kent Police Union
t % LiC
uv)�
OCT 10 1989
CITY OF KENT
CITY CLERIC
RE: Recognition of Bargaining Unit Positions
Dear Mr Painter:
The purpose of this letter of agreement is to recognize the
inclusion of two positions within the Police Specialists'
bargaining unit. The positions include one administrative
secretarial position within the support services division and two
data entry positions.
The circumstances giving rise to this agreement are as follows.
The Police Department was authorized the positions within the 1989
budget. The department prepared to recruit to fill the positions
and the Union protested, claiming the positions should be
represented by the Police Specialists' bargaining unit. The
Department disagreed, claiming their job duties were dissimilar to
duties performed by members of the Police Specialists' bargaining
unit. The situation was discussed with both the Public Safety
Committee and the Operations Committee of the City Council. The
Operations Committee authorized the positions to be filled.
However, it was determined by the Committee that the wages be
placed at the same level as wages provided to Police Specialists.
The Operations Committee directed the Police Administration to
proceed to the Public Employment Relations Commission (PERC) in
accordance with the provisions of the 1987/89 labor Agreement
between the City and Local 1088. However, upon further discussion
by all parties, this joint resolution is recommended in lieu of a
hearing before PERC.
Joint Agreement Resolution
While the labor agreement between the City and Local 1088 provides
for resolution of questions of position representation by PERC,
the City and the Union have reached agreement on the issue of
representation. The agreement has been negotiated without
consulting PERC for administrative review and decisions. The
specifics of the agreement are as follows:
Page 2
October 4, 1989
Recognition of Bargaining Unit Positions
1. The positions in question will be included in the Police
Specialists' bargaining unit and will be represented by Local
1088 upon the parties' signatures of agreement.
2. The parties agree that the provisions of the 1987/89 labor
agreement between the City and Local 1088 providing for PERC
intervention shall be followed in any future question of
representation unless the parties agree to its waiver.
3. The parties agree that this settlement shall at no time be
used in any administrative or civil proceeding and shall
establish no precedent whatever.
By signature on this document, both the City and the Union agree
that this matter is resolved.
Dan Kelleher, Mayor
City of Kent
Michael Painter, Union President
United Steelworkers of America
Local 1088
October 3, 1989
FINANCE Approval of checks issued for payroll:
Date Check Numbers Amount
9/21/89 124899-125543 $716,484.79
REPORTS (REPORTS - ITEM 6A)
Council President. White noted that he will be
attending the National League of Cities
Transportation and Communications Steering Committee
meeting in Orlando, Florida on October 5-8. He
noted that serving on such committees is very
rewarding and urged other Councilmembers to get
involved in some of the State and National
committees.
(REPORTS - ITEM 6G)
Administrative Reports At 7:50 p.m., City
Administrator Chow advised that there would be an
executive session of approximately 20 minutes to
discuss pending and/or potential litigation.
EXECUTIVE The meeting reconvened at 8:25 p.m. WHITE MOVED to
SESSION approve the settlement agreement with relationship
to the pending hearing before the Public Employment
Relations Commission and to include an
administrative secretarial position and two police
specialist positions within the Police bargaining
unit. Woods seconded. Motion carried.
ADJOURNMENT The meeting then adjourned.
Brenda Jacobe , CMC
Deputy City C k
8
CITY OF ZW5T
September 29, 1989
United Steelworkers of America, AFL-CIO
PO Box 15049
Kent, WA 98032
Re: City of Kent Civil Service - Police Specialists
Dear Mr. Miller:
The City Council has authorized and directed the inclusion of
members of the Police Specialists bargaining unit in the Civil
Service of the City of Kent. In order for the City to implement
this measure it will be necessary for the Civil Service Commission
to adopt rule amendments and for the City Council to adopt
amendments to the Kent City Code. Additionally, the City
recognizes the interest of Police Specialists concerning this
matter, and by this letter agreement ("Addendum") the City and
Police Specialists memorialize our understanding.
INTENT
The parties intend to incorporate into their collective bargaining
agreement those provisions of the 1987- 1989 Labor Agreement
between the City and the Kent Police Union ("Police Contract"),
where applicable, concerning civil service for Police Specialists.
Until such time as provisions are incorporated into a collective
bargaining agreement between the City and Police Specialists, and
except as noted below, the applicable provisions of the Police
Contract shall be considered part of the collective bargaining
agreement between the City and Police Specialists.
CURRENT EMPLOYEES COVERED
All current full time employees of City subject to this Addendum
having served for at least six months are considered to be
permanently appointed without further examination, and not on
probation. All current employees of the City subject to this
Addendum having served for less than six months are considered to
be on probation until the completion of six months of employment,
or any extension of the probationary period consistent with civil
=PHONE (206) 850 ��nn
2204th AVE. S!")., KENT, WASHINGTON 98032589_,;
United Steelworkers of America, AFL-CIO
September 29, 1989
Page 2
service rules. All future employees of the City subject to this
Addendum shall be governed by applicable collective bargaining
provisions and civil service rules regarding probation.
RULES AMENDMENT
Attached is a proposed form of Order providing for amendment of the
Civil Service Rules. Police Specialists concur in the adoption of
those amendments by the Commission.
IMPLEMENTATION
The City and United Steelworker Local 1088 will work cooperatively
to facilitate the inclusion %f Police Specialists in the Civil
Service, and to address issu that may arise in the future
relating to this matter.
` it Kent
Dan -Kelleher, Mayor
Miqfiael R. Webby,
Personnel Director
Accepted this / day of August, 1989.
U ited•pten�o;
s, Local 1088
Ll _7 -
Michael S. Pa
President, Local 1088