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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. -1- 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. -2- 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 -4- 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 -5- 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 -9- 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. -11- 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