Loading...
HomeMy WebLinkAboutHR1987-0105 - Original - Driver Salesmen and Warehouse's Union, Local #117 - 1987-1989 Labor Agreement - 01/01/1987 AUG 8 1989 C���F KENT CLERK CITY OF KENT and DRIVER SALESMEN AND WAREHOUSEMEN'S UNION LOCAL #117 1987 - 1989 LABOR AGREEMENT INDEX Page No. PREAMBLE 1 ARTICLE 1 RECOGNITION AND BARGAINING UNIT 1 Section 1 .1 Union Recognition - Membership - Exclusions 1 Section 1 .2 Exclusion of Temporary Employees 1 ARTICLE 2 UNION MEMBERSHIP AND DUES DEDUCTION Section 2. 1 Mandatory Options - Union Membership 2 Section 2.2 Dues Deduction Section 2.3 List of Employees Furnished by Union 2 Section 2.4 Union Refund to Employer 2 ARTICLE 3 HOURS OF WORK 3 Section 3. 1 Normal Workweek/OVERTIME 3 Section 3.2 Overtime Provision for Call Back Time 3 Section 3.3 Regular Starting/Quitting Time 3 ARTICLE 4 UNION ACTIVITIES 3 Section 4.1 Business Representative of the Union 3 Section 4.2 Employee Upholding Union Principles/ Performing Duties 4 ARTICLE 5 LABOR - MANAGEMENT COt°MITTEE 4 ARTICLE 6 GRIEVANCE PROCEDURE 4 Section 6.1 Grievance or Dispute over Provisions of Agreement 4/5 Section 6.2 Disciplinary Action by the Employer 5 ARTICLE 7 WORK STOPPAGES AND EMPLOYER PROTECTION 5 Section 7.1 Work Stoppages - Defined 5 Section 7.2 Cease Work Stoppage Order 6 Section 7.3 Disciplinary Measures by Employer 6 ARTICLE 8 BULLETIN BOARDS 6 ARTICLE 9 SAFETY AND SANITATION 6 Section 9. 1 Compliance with Safety Codes 6 Section 9.2 Unsafe Work Conditions 6 ARTICLE 10 MANAGEMENT RIGHTS 6 ARTICLE 11 PAY PERIOD 7 ARTICLE 12 WAGES, CLASSIFICATIONS AND MINIMUM RATES OF PAY 7 Section 12. 1 Salary Plan - Adoption 7 Section 12.2 Minimum Rates of Pay 7 Section 12.3 Longevity 7 ARTICLE 13 HOLIDAYS 8 Section 13. 1 Observed Dates 8 Section 13.2 Overtime Worked on Holidays 8 ARTICLE 14 HEALTH CARE AND LIFE INSURANCE 8 Section 14.1 Medical/Dental Coverage 8 Section 14.2 City Contributions - Medical/Dental Coverage 8/9 Section 14.3 Life Insurance Coverage 9 ARTICLE 15 PENSION 9 ARTICLE 16 WORKERS COMPENSATION PROGRAM 9 ARTICLE 17 SICK LEAVE 9 Section 17.1 Accrual Rate 9 Section 17.2 Physician's Statement - 3 Days 9 ARTICLE 18 JURY DUTY 9 ARTICLE 19 BEREAVEMENT LEAVE 10 ARTICLE 20 VACATIONS 10 Section 20.1 Accrual Rate 10 Section 20.2 Proration - Bonus Days 10 Section 20.3 Scheduling 10 Section 20.4 Maximum Accumulation 10 Section 20.5 Holidays During Vacation 10 ARTICLE 21 SAVINGS CLAUSE 11 ARTICLE 22 ENTIRE AGREEMENT 11 ARTICLE 23 STANDARD DRESS AND TOOLS (MECHANICS) 11 ARTICLE 24 SEVERANCE PAY 11 ARTICLE 25 NOTICE 11 ARTICLE 26 TERM OF AGREEMENT 12 APPENDIX "A" 13 APPENDIX "B" 13 1984 - 1986 Wage Agreement APPENDIX "C" Ten-month Maintenance Employee 14 APPENDIX "D" Mandatory Standby Duty 15 APPENDIX "E" Bargaining Unit Classification Schedule 16 APPENDIX "F" Bargaining Unit Salary Schedule 1987 17 PREAMBLE This Agreement is between the City of Kent (hereinafter called the City), and the Driver Salesmen and Warehousemen's Union Local #117 (hereinafter called the Union) for the purpose of setting forth a mutual understanding of the parties as to conditions of employment for those employees for whom the City recognizes the Union as the collective bargaining representative. ARTICLE 1 . - RECOGNITION AND BARGAINING UNIT Section 1 .1 . Union Recognition - Membership - Exclusions The City hereby recognizes the Union as the sole, exclusive collective bargaining representative of the full-time employees who work in the depart- ments listed in Schedule "A" of this Agreement. All temporary, other part-time employees, supervisors, office clerical , professional and protection employees engaged in training and instruction for management positions shall be excluded. The parties to this agreement recognize that a unit clarification hearing was conducted in 1982 by the Public Employment Relations Commission (PERC) concerning the issue of representation of Maintenance Supervisors and one Construction Inspector. The parties agree that bargaining unit representation will be determined by PERC's decision in this matter. Section 1 .2. Exclusion of Temporary Employees The following classes of employees shall be excluded from the provisions in Article II, Section 3, of this Agreement. A. Temporary employees shall be defined as: Those employees who are hired by the City for a definite period of time which is less than full-time and has a predetermined termination date. Example: Summer hires, temporary emergency help, and other seasonal employees. B. Those employees who are employed by the City under a Federal, State, or other employment program which provides funding for such employ- ees. Such programs are designed to assist in the alleviation of high unemployment conditions in the King County area. These programs are of a nature wherein funding is provided for a definite period of time and at the end of such time employees either transition into a "regular" City position, extended by renewed funding or the employee is laid off. Examples: CETA, WIN, PEP employees. Employees classified in th-e above categories shall be exempt from mandatory membership or non-membership in the Union until such time as they are: 1 . Transition into a position identified and budgeted as a "regular" position. 2. Absorbed into a new position created in the City budget which is not subsidized by outside funds. 9/24/87 rev. - 1 - Once a subsidized employee is absorbed under either condition above, he will be considered as a new full-time employee and shall be required to exercise his options for Union membership in accordance with Section 1 of Article II. The first date of transition to regular employment shall be considered the hire-in date for determining the Union option period in Article II, Section 1 . ARTICLE 2. - UNION MEMBERSHIP AND DUES DEDUCTION Section 2.1 . Mandatory Options - Union Membership All employees of the City covered by this Agreement who are members of the Union on or after the effective date of this Agreement shall remain in good standing of the Union. Failure to comply with this condition shall , upon the written request of the Union, result in the immediate discharge of the employee. New employees hired after the effective date of this Agreement shall within fifteen (15) working days, meet jointly with the Personnel Director and Shop Steward. At this meeting, the employee shall determine his intent regarding union membership, which shall be reduced to writing and sent to the Union by certified mail . Neither party shall discriminate against any employee or applicant for employment on account of membership in or non-membership in any labor union or other employee organization. Section 2.2. Dues Deduction The City agrees to deduct from the paycheck of each employee who has so authorized it, the regular monthly dues uniformly required of members of the Union. The amount deducted shall be transmitted monthly to the Union on behalf of the employees involved. Authorization by the employee shall be on a form approved by the parties hereto and may be revoked by the employee upon request. No portion of the fund collected by the Union under this provision shall be used for support of political purposes in Kent. The Union agrees to indemnify and hold the City harmless against any and all claims, suits, orders and other judgments brought or issued against the City as a result of any action taken by the City under the provisions of this Article, unless a dispute arises as a result of an error committed by the City. Section 2.3. List of Employees Furnished by Union The Union will furnish to the City before the first day of each month a list of the employees for whom dues shall be withheld. Section 2.4. Union Refund to ,Employer The Union agrees to refund to the City any amounts paid to it in error on account of the check-off provisions upon presentation of proper evidence thereof. 9/24/87 rev. - 2 - ARTICLE 3. - HOURS OF WORK Section 3.1 . Normal Workweek/Overtime The normal workweek shall be five (5) consecutive days of not less than eight (8) hours per day exclusive of lunch period and all time over eight hours in any one day shall be overtime and shall be paid at a rate of time and one-half. In all cases in computing overtime, the nearest one-half hour shall be used. All work performed on the sixth and seventh consecutive days shall be paid at the overtime rate of time and one-half. In the event the City decides to change the employee's normal work schedule, the City agrees to provide a seven (7) calendar day notice prior to the effective date of such change, except for emergency situations which make it impractbcamak n gshortive ��termn schedule The cha changes solely not for manipulate purposework of schedules y 9 avoiding payment of overtime. Section 3.2. Compensatory Time Overtime shall be paid at the rate of time and one half as outlined in Section 3.1 . However, compensatory time may be requested by members of the bargaining unit in lieu of cash. Such compensatory time, if approved by the City, shall be earned at the rate of time and one half. The amount of compensatory allowed to be accrued by bargaining unit members may vary by department/division and job classification and shall be determined by the City. Accrued compensatory time off may be requested by members of the bargaining unit by submitting a request to their supervisor. The City will attempt to allow the use of such leave as requested, however, the City retains the right to deny or postpone employee requested leave if and when work schedules or service delivery would in the City's determination be negatively impacted. Section 3.3. Overtime Provision for Call Back Time Employees called back to work shall receive a minimum of two (2) hours pay at the overtime rate for the work for which they are called back. This provision applies only when such call back results in hours worked which are not annexed consecutively to one end or the other of the working day. Section 3.4. Regular Starting/Quitting Time TSubject to the provisions in Section above) . All employees shall have a regular starting and a regular quitting time, and any work performed at the direction of the City, before the regular starting or after the regular- quitting time shall be considered overtime. ARTICLE 4. - UNION ACTIVITIES Section 4.1 . Business Representatives of the Union The Business Representative of the Union shall be allowed access to all facilities of the City wherein the employees covered under this contract may 9/24/87 rev. - 3 - be working for the purpose of conducting necessary Union business and investigating grievances, provided such representative does not interfere with the normal work processes. Section 4.2. Employee Upholding Union Principles/Performing Duties The City agrees that the employees covered by this contract shall not be discharged or discriminated against for upholding Union principles or for performing duties authorized by the Union, as long as their activities do not interfere with normal work processes of the City. Provided, however, it shall not be a violation of this Agreement or cause for discharge or discipline for any employee to refuse to cross a legal , primary picket line sanctioned by Joint Council of Teamsters No. 28 or the International Brotherhood of Team- sters, Chauffeurs, Warehousemen and Helpers of America, so long as an employee's refusal to cross such a recognized picket line shall not interfere with the delivery of City services. Whenever possible, in the event of a picket line established at a place of business during a labor dispute, the City will make every effort to utilize non-Union personnel to cross picket lines so as not to interfere with the delivery of City services. ARTICLE 5. - LABOR - MANAGEMENT COMMITTEE The City and the Union agree continuing cooperation between labor and management is important, and further, from time to time suggestions and com- plaints of a general nature affecting the Union and the City need considera- tion. To accomplish this end, the City and the Union agree that duly authorized representatives of the Union shall function as one-half of a Labor-Management Committee, the other half being certain representatives of the City named for that purpose. Said Committee shall meet periodically for the purpose of discussing and facilitating the resolution of all problems which may arise between the parties other than those for which another proce- dure is provided by law or by other provisions of this Agreement. ARTICLE 6. - GRIEVANCE PROCEDURE Section 6.1 . Grievance or Dispute over Provisions of Agreement A procedure is hereby established as a means to resolve grievances . Grievance shall be defined as a claim or dispute by an employee or group of employees with respect to a violation of the express provisions of this Agree- ment. Grievances shall be resolved in the following manner. Failure to follow the time frames set forth below shall constitute waiver of the grievance. Step 1 . Any grievance shall be reduced to writing and submitted to the Department Head or his designee by the employee and/or the Union within ten (10) working days of the occurrence of the alleged incident giving rise to such grievance. The written grievance shall include a statement of the issue, the section(s) of the agreement allegedly violated, facts of the case and remedy sought. Every effort shall be made to resolve all grievances at this level . If resolved the basis for resolution shall be reduced to writing and signed by the employee. 9/24/87 rev. - 4 - Step 2. Grievances not settled within five (5) working days following Step 1 , shall then be presented by the employee and/or the Union directly to the Personnel Director. The Personnel Director shall submit a decision, in writing, on the grievance within ten ( 10) working days from the date the grievance was first presented to him. Copies of the decision shall be provided to the employee or employees requesting the grievance decision. If resolved the basis for resolution shall be reduced to writing and signed by the employee. Step 3. In the event the decision reached by the Personnel. Director is unsatisfactory to the parties presenting the grievance, the grievance may--within ten (10) working days--be submitted to arbitration. The Union and the City shall mutually select an arbiter under American Arbitration Association procedures. A. The Arbiter shall render his decision based on interpretation and applications of the provisions of this Agreement. The decision shall be in writing and copies sent to the City and the Union. B. The decision of the Arbiter shall be final and binding upon all parties to the grievance provided the decision does not involve action by the City which is beyond his jurisdiction. C. Neither the Arbiter nor any persons involved in the grievance procedure shall have the power to negotiate new agreements or to change any of the present provisions of this Agreement. D. All expenses incurred in the arbitration process shall be borne as follows: 1 . Expenses incurred by the Union shall be borne by the Union. 2. Expenses incurred by the City shall be borne by the City. 3. Expenses or fees of the Arbiter shall be borne equally by the Union and the City. Section 6.2. Disciplinary Action by the Employer It is understood that no disciplinary action by the City shall be considered cause for a grievance unless it is specifically alleged that such action represents an incorrect application of the terms of this Agreement. In no event shall this Agreement alter or interfere with disciplinary procedures heretofore followed by the City or provided for by City Charter, Ordinance, or law including the procedure for appeals thereof. This clause shall not, however, prevent the Union from affording to its members such representation in any other proceedings as it may see fit. ARTICLE 7. - WORK STOPPAGES AND EMPLOYER PROTECTION Section 7.1 . Work Stoppages - Defined The City and the Union agree that the public interest requires efficient and uninterrupted performance of all City services and to this end pledge 9/24/87 rev. - 5 - their best efforts to avoid or eliminate any conduct contrary to this objective. Specifically, the Union shall not cause or condone any work stoppage, including any strike, slowdown, refusal to perform any customarily assigned duties, sick leave absence which is not bonafide, or other interference with City functions by employees under this Agreement and should same occur, the union agrees to take appropriate steps to end such interference. Any concerted action by any employee in any bargaining unit shall be deemed a work stoppage if any of the above activities have occurred. Section 7.2. Back to Work Order Upon notification in writing by the City to the Union that any of its members are engaged in a work stoppage, the Union shall immediately in writing, order such members to immediately cease engaging in such work stoppage and provide the City with a copy of such order. Section 7.3. Disciplinary Measures by Employer Any employee who commits any act prohibited in this Article will be subject to the following penalties. A. Discharge B. Other disciplinary action as may be applicable to such employee. ARTICLE 8. - BULLETIN BOARDS The City shall permit the reasonable use of bulletin boards by the Union for the posting of notices of a non-controversial nature relating to Union business. ARTICLE 9. - SAFETY AND SANITATION Section 9. 1 . Compliance with Safety Codes All work shall be done in a competent and workmanlike manner, and in accordance with the State of Washington Code and any Federal codes relating to this subject. Section 9.2. Unsafe Work Conditions It shall not be considered a violation of this Agreement whereby any employee shall refuse to work with unsafe equipment, or where adequate safeguards are not provided, or when the facilities and services are not being maintained in a reasonable sanitary condition. ARTICLE 10. - MANAGEMENT RIGHT S Subject only to the limitation expressly stated in this Agreement, the Union recognizes that the City retains the exclusive rights to manage its business including, but not limited to the right to determine the methods and means by which its operations are to be carried on, to direct the work force and to conduct its operations in a safe and effective manner. 9/24/87 rev. - 6 - ARTICLE 11 . - PAY PERIOD Whenever practicable, the City shall pay all regular employees on the fifth and twentieth of each month. Any employee who is laid off or terminated shall receive all wages due him within 24 hours of the termination of this employment excluding weekends. ARTICLE 12. - WAGES, CLASSIFICATIONS AND MINIMUM RATES OF PAY Section 12. 1 . Salary Plan - Adoption It is agreed that the classifications and minimum rates of pay shall be as set forth in the annual budget, and in accordance with the provisions of this Labor Agreement. Salaries by classification shall be in accordance with Schedule "B" of this Agreement. Section 12.2. Minimum Rates of Pay Any employee already receiving a higher rate of pay than the minimum set forth herein for this classification shall suffer no reduction as a result of this Agreement, and nothing herein shall preclude the payment of a higher rate at the discretion of the City. Section 12.3. Longevity The following longevity premium pay shall apply: 1 . After 5 consecutive years of service - $20 per month 2. After 10 consecutive years of service - $25 per month 3. After 20 consecutive years of service - $35 per month The Union and City agree to work together to develop and implement a performance based merit system to replace the existing longevity plan. During the period of development, as long as two years if necessary, the City will continue to provide longevity benefits. The performance based merit system shall be acceptable to both the Union and the City prior to implementation. If, by January 1 , 1988, parties cannot reach agreement on an acceptable merit system, then the existing longevity plan shall be continued. It is further agreed that any future adjustments in longevity pay shall be based on performance criteria established between Management and the Union. 9/24/87 rev. - 7 - ARTICLE 13. - HOLIDAYS Section 13.1 . Observed Dates The following holidays shall be paid holidays for all employees covered by this Agreement: 1987 1988 1989 New Year's Day 1/l/87 l/l/88 1/2/89 Martin L. King's Birthday 1/19/87 1/18/88 1/16/89 President's Day 2/16/87 2/15/88 2/20/89 Memorial Day 5/25/87 5/30/88 5/29/89 Independence Day 7/3/87 7/4/88 7/4/89 Labor Day 9/7/87 9/5/88 9/4/89 Veteran's Day 11/26/87 11/11/88 11/11/89 Thanksgiving Day 11/26/87 11/24/88 11/23/89 Day After Thanksgiving 11/27/87 11/25/88 11/24/89 Christmas Day 12/25/87 12/25/88 12/25/89 Floating Holiday In accordance with City Policy Section 13.2. Overtime Worked on Holidays Employees performing work on the date that any of the above holidays is observed shall receive the pay for the holiday plus compensation for the actual hours worked at the overtime rate. Employees working on such holidays shall receive a minimum of four (4) hours at the employee's straight time rate. ARTICLE 14. - HEALTH CARE AND LIFE INSURANCE Section 14.1 . Medical/Dental Coverage The City agrees to provide medical/dental coverage in accordance with City Policy. Coverage will be available for employees and their eligible dependents. The plan(s) offered are those offered to all nonrepresented employees. The City shall contribute toward the purchase of such coverage in accordance with the provisions of Section 14.2 of the Labor Agreement. Section 14.2. City Contributions - Medical/Dental Coverage A. ) Full Flexible Medical/Dental Option City Contribution Employee Employee/Spouse Employee Children Family 1987 $128.96/mo $226.12/mo $189. 13/mo $238.96/mo 1988 $128.96/mo $226.12/mo $189.13/mo $248.96/mo 1989 $128.96/mo $226.12/mo $189. 13/mo $248.96/mo 9/24/87 rev. - 8 - B ) Flexible Medical/Dental Option with HMO Medical City Contribution* Employee Employee/Spouse Employee Children Family 1987 $101 .96/mo $212.72/mo $191 .63/mo $238.96/mo 1988 $101 .96/mo $212.72/mo $191 .63/mo $248.96/mo 1989 $101 .96/mo $212.72/mo $191 .63/mo $248.96/mo NOTE: The City contribution toward the employee cost of HMO medical coverage shall be increased during the term of this Agreement if HMO cost increases. However, City contributions shall not exceed that amount set forth in Section 14.2A for similar coverage during the life of this Agreement. Section 14.3. Life Insurance Coverage The City shall provide, on the first day of the month following date of hire, $10,000 (double indemnity) group life insurance for members of the bargaining unit. ARTICLE 15. - PENSION Pension for employees and contributions to Public Employees ' Retirement System (PERS) will be governed by Washington State Statute. ARTICLE 16. - WORKERS COMPENSATION PROGRAM Employees injured on-duty and qualified for worker's compensation shall be entitled to such benefits through the City's self-funded program as determined by statute. Further if all accumulated sick leave is used by the employee, the City will continue medical/dental and life insurance contributions on behalf of the injured employee and dependents, if applicable, in an amount not to exceed the City's pre-injury contribution level . The period of the City's contribution shall terminate upon the employee's return to active employment or four (4) months whichever is sooner. ARTICLE 17. - SICK LEAVE Section 17.1 . Accrual Rate Sick leave shall accrue at the rate of one day for each calendar month of service accumulative to a maximum of 120 days. Section 17.2 Physician's Statement - 3 Days Employees who are absent more than three (3) consecutive days and request sick leave pay may be required to submit to their supervisor upon returning to work a statement from a physician stating the reason for the absence. ARTICLE 18. - JURY DUTY Refer to City Policy (Court Appearances) . City to pay difference between jury pay and full salary. 9/24/87 rev. - 9 - ARTICLE 19. - BEREAVEMENT LEAVE Employees shall be eligible for bereavement leave in accordance with City Policy (Death in Family/Funeral Leave) . ARTICLE 20. - VACATIONS Section 20.1 . Accrual Rate All employees will accrue vacation time at the rate of eight (8) hours, or one working day per month. Any employee who leaves employment or is involuntarily terminated before the probationary period which is the first six (6) months of employment, will not have accrued any annual leave. Upon completion of five (5) years of service, a bonus of 24 hours of leave will be granted. Said 24 hours bonus will continue through the ninth year of employment. A bonus of forty (40) hours will be granted on completion of the tenth through the twelfth year. A bonus of forty-eight (48) hours will be granted on completion of the thirteenth through the sixteenth year. -A bonus of fifty-six (56) hours will be granted on completion of the seventeenth through the nineteenth year. A bonus of sixty-four (64) hours will be granted on completion of the twentieth (20) year and all additional years of employment. Section 20.2. Proration - Bonus Days Any employee of the City who is discharged or laid off after one year's service shall receive a pro-rata portion of a normal vacation payment in the proportion that his length of service since his last vacation eligibility date, bears to one full year. For the purpose of this paragraph, minor fractions of a month worked shall be ignored, and major fractions of a month worked shall be counted as a full month. Section 20.3. Scheduling Vacations will be scheduled by the City. Whenever possible, vacations will be scheduled for the convenience of the employees involved. Section 20.4. Maximum Accumulation Vacation benefits shall not be cumulative from year to year. It is the intent each eligible employee receive and take a regular vacation period annually. Employees who require extended vacation (more than their current year's allowance) may request approval to accrue more than one year's vacation. Under no circumstances shall any employee be allowed to accumulate more than the equivalent vacation that the employee would earn in two years. Approval for extended accrual must be in writing from the employee's department head and the Personnel Director. - Section 20.5. Holidays During Vacation When one of the , holidays specified in Article IV occurs during an employee's vacation period, he shall receive an additional day's pay as compensation for such day over and above his vacation pay. 9/24/87 rev. - 10 - ARTICLE 21 . - SAVINGS CLAUSE If any Article of this Agreement or any Addendums thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal , the remainder of this Agreement and Addendums shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such Article. ARTICLE 22. - ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. ARTICLE 23. - STANDARD DRESS AND TOOLS (MECHANICS) All regular employees covered by this Agreement will be furnished -one (1 ) shirt, one (1 ) pair of pants per day, and other clothing in accordance with past practice. The laundering of these uniforms will be a standard schedule and paid for by the City. The City and Union agree to work together toward reducing the cost of providing and maintaining employee uniforms. In addition, the City agrees to provide at its cost, the minimum safety equipment required under WISHA (Washington Industrial Safety and Health Act). Maximum safety shoe allowance: 1987 $70.00, plus tax, per pair 1988 $75.00, plus tax, per pair 1989 $80.00, plus tax, per pair The City agrees to purchase insurance to cover theft of employee owned tools from City premises and required for employment. City obligation shall be limited to loss due to burglary. Employee shall comply with all terms and conditions of the insurance carrier. Deductible shall be paid by the City. ARTICLE 24. - SEVERANCE PAY Full time employees shall , in the event of a reduction in force, be paid at the time of their separation a sum equal to two (2) weeks pay from which no deductions shall be made except as required by State and Federal Law. Provided, however, that no employee accepting any other employment with the City shall be entitled to such pay. ARTICLE 25. - NOTICE Any notice provided for by this agreement shall be given in person by U.S. mail , postage prepaid, to the address of the party set forth below. A postmarked date is sufficient to satisfy notice requirements of this agreement. 9/24/87 rev. - 11 - ARTICLE 26. - TERM OF AGREEMENT Unless otherwise provided herein, this Agreement shall be in full force and effect from January 1 , 1987 and shall remain in effect through December 31 , 1989. SIGNED THIS DAY OF �'�' , 1987, at Kent, Washington. CITY OF KENT y DRIVER SALESMEN AND WAREHOUSEMEN'S UNION LOCAL #117 BY BY %L4t , l,G/ Dan Kell6 er, A. G. Weinmeister, Mayor Secretary-Treasurer BY 0a)t, , Ai e so, Approved as to Business Representative BY Sandra Driscoll, City Attorney CITY OF KENT TEAMSTERS LOCAL 117 220 4th Avenue South 553 Johns Street Kent, Washington 98032 Seattle, Washington 98109 0174W-09W 9/24/87 rev. - 12 - APPENDIX "A" Equipment Rental Department Park Department Street Department Utilities Department APPENDIX "B" The salary schedule for positions in the bargaining unit shall be as follows: A. Effective January 1 , 1987, base salaries shall be increased in the amount of 2.75 percent across the board. B. Effective January 1, 1988, base salaries shall be increased in the amount of 2.75 percent across the board. C. Effective January 1 , 1989, base salaries shall be increased in the amount of 80 percent of the change in the CPI-W, Seattle, July 1987 - July 1988 with a minimum of 2.25 percent to a maximum of 5.25 percent. 0174W-09W 9/24/87 rev. - 13 - APPENDIX "C" "TEN-MONTH MAINTENANCE EMPLOYEE" Salaries - Regular: Employees in this classification shall receive compen- sation whether on an active or inactive status during their employment with the City. For purposes of computing such compensation, the annual base wage shall be paid in 24 equal installments on the City's regular pay dates. Salaries - Overtime: Overtime, based upon base wage for classification, shall e provided for employees who are required to work in excess of 8 hours per day or 40 hours in any week. Overtime compensation shall be paid in the form of cash or compensatory time off in accordance with this Agreement. Jury Duty/Bereavement Leave: While on active status, the employee shall be allowed time off with pay in accordance with the City's policy for jury duty and bereavement leave. Personal Leave Days: Employees in this classification shall be provided Paid Personal Leave Days in lieu of Holiday leave and Sick leave. The paid Leave Days or portions thereof may be used, with departmental approval , to maintain pay during periods of illness and observed holidays. A Personal Leave Account of employees will be credited with 15 days during the first pay period of the work year (ten-month active period) ; provided, that under no circumstances will the account be allowed to accrue more that 30 days. _ Personal Leave Days which are not used may be accrued from year to year. Such accrual shall be limited to 30 days with subsequent crediting of annual allocations contingent upon current leave balances. Except in the case of illness, an employee shall not be allowed use of more that two Personal Leave Days per month during the first five month of employment. Annual Leave: Annual Leave benefits are not provided to employees filling positions within the ten-month classification. By the nature of the employ- ment classification, employees are provided two months off with compensation each year, thereby providing a reasonable break in employment for purposes of rest and regeneration. Otherwise, employees have the opportunity to exercise the benefits associated with Personal Leave Days which, when exercised, provide time off with compensation during active status. Existing Labor Agreement: All provisions of this Agreement, except those specifically addressed in this Memorandum of Understanding, shall apply to members of the bargaining unit occupying ten-month positions. For purposes of clarification, "ten-month employees" are those who are regularly assigned to a work schedule consisting of ten months of active status and two months of inactive status during a twelve month period. 174W-9W 9/24/87 rev. - 14 - APPENDIX "D" MANDATORY STANDBY DUTY This is a memorandum of understanding between the City of Kent and the Driver Salesmen and Warehousemen's Union Local 117 and specifically concerns mandatory stand-by duty and compensation for such duty. The agreement as drafted shall remain in force between January 1 , 1987 and December 31 , 1989. The following agreement with respect to mandatory stand-by duty has been reached: During any period of time in which the City requires employees of the Utilities Division to perform weekend and/or holiday stand-by duty, the City shall provide compensation for such duty. Weekend duty is defined to include all hours between the end of the normal work day on Friday and the beginning of the normal work day on Monday. Holiday duty is defined as the period of time following the end of the normal work day preceding holiday(s) specified in the labor agreement and the beginning of the normal workday or weekend following the holiday. Utility employees assigned to mandatory stand-by duty will be compensated in the amount of thirty-five dollars ($35) per day for stand-by duty actually performed on Saturday, Sunday or Holiday. Utility employees who perform such duty on weekends and holidays are not required to carry a bellboy during normal weeknight hours. The City will allow qualified employees to carry the bellboy during the week and therefore be on first call for overtime while carrying the bellboy. No compensation for carrying the bellboy during normal weeknight hours will be provided. However, such employees will be compensated under the overtime provisions of the labor agreement. 174W-914 9/24/87 rev. - 15 - APPENDIX "E" BARGAINING UNIT CLASSIFICATION SCHEDULE Classification Salary Range Meter Reader I Range T-7 Meter Reader II Range T-20 Customer Service Field Coordinator Range T-25 Building Maintenance Worker Range T-24 Building Maintenance Leadworker Range T-27 Maintenance Worker I Range T-7 Maintenance Worker II Range T-20 Maintenance Worker III Range T-24 Maintenance Worker IV Range T-27 Mechanic Helper Range T-7 Automotive Equipment Mechanic Range T-27 Utility Specialist I Range T-20 Utility Specialist II Range T-24 Utility Leadworker Range T-27 174W-9W 9/24/87 rev. - 16 - Range No. A B C D E T-31 2, 182 2,292 2,412 2,532 2,659 T-32 2,239 2,352 2,468 2,593 2,723 T-33 2,292 2,412 2,532 2,659 2,793 T-34 2,352 2,468 2,593 2,723 2,863 T-35 2,412 2,532 2,659 2,793 2,934 T-36 2,468 2,593 2,723 2,863 3,014 T-37 2,532 2,659 2,793 2,934 3,088 T-38 2,593 2,723 2,863 3,014 3,166 T-39 2,659 2,793 2,934 3,088 3,241 T-40 2,723 2,863 3,014 3,166 3,323 T-41 2,793 2,934 3,088 3,241 3,406 T-42 2,863 3,014 3,166 3,323 3,490 T-43 2,934 3,088 3,241 3,406 3,575 T-44 3,014 3,166 3,323 3,490 3,671 T-45 3,088 3,241 3,406 3,575 3,760 T-48 3,166 3,323 3,490 3,671 3,852 T-47 3,241 3,406 3,575 3,780 3,947 T-48 3,323 3,490 3,671 3,852 4,045 174W-9W 9/24/87 rev. - 18 - 5 LETTER OF UNDERSTANDING This Agreement is made between Local Union No. 117 of the Driver Sales and Warehouse Union, hereinafter referred to as the "Union" , and the City of Kent, hereinafter referred to as the "City" , clarifying certain bargaining unit positions as defined in the Collective Bargaining Agreement Between the Union and the City. Whereas, the Union and the City have discussed whether or not certain positions are still performing bargaining unit work; and Whereas, the Union and the City agree that the field services supervisor position is not' performing bargaining unit work but rather supervisory functions; and Whereas the Union and the City agree that the control center technician position primarily performs non-bargaining unit work and supervisory functions; and Whereas the Union maintains that the water treatment position is performed within the existing definition of the bargaining unit and the City maintains that the work is outside the scope of the bargaining unit; NOW, THEREFORE, It is hereby agreed as follows: 1. Effective on June 1, 1988, the following positions will no longer be included within the bargainining unit as defined by the Collective Bargaining Agreement between Local Union No. 117 and the City of Kent: (a) field service supervisor (b) control center supervisor 2 . The Union and City each reserve the right to discuss the bargaining unit status of the water treatment position at a future time. CITY OF KENT LOCAL UNION NO. 117 DAN KELLEHER ARNIE WEINMEISTER MAYOR SECRETARY-TREASURER Date: 7Z�C/Pf' Date: ,5 S