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Home My WebLink AboutCAG2001-0034 - Original - AFSCME 2001-2003 Labor Agreement CITY OF KENT AND WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES UNION, LOCAL 2617 LABOR AGREEMENT January 1, 2001 — December 31, 2003 (P\Labor\UNIONWFSCME12001 Neg4AF 2001 Contract Final doc) 08/02/01 A TABLE OF CONTENTS PREAMBLE..... ......... . ............................. ......... ....... ......... ....... ........ . ....... . ................ ...... .......... .. 1 ARTICLE 1 —RECOGNITION AND BARGAINING UNIT . ...... .......... . ........ .......... ......... ...... ......... .... 1 SECTION 1 1 —RECOGNITION OF UNIT 1 SECTION 1 2 —EXCLUDED EMPLOYEES 1 SECTION 1 3—TEMPORARY EMPLOYEES 2 SECTION 1 4— DISPUTE RESOLUTION 2 ARTICLE 2— UNION MEMBERSHIP AND DUES DEDUCTION .. ...... .. .......... ................. ...... ... ...... 2 SECTION 2 1 — UNION MEMBERSHIP 2 SECTION 2 2 —DUES DEDUCTION 3 ARTICLE 3—SENIORITY AND EMPLOYMENT PRACTICES . ........ .. ........ ........... ......... ...... . ........4 SECTION 3 1 —PROBATIONERS 4 A Non Civil Service Employees 4 B Civil Service Employees 4 SECTION 3 2—SENIORITY 5 SECTION 3 3— PERSONNEL REDUCTION 6 SECTION 3 4—SEVERANCE PAY 7 SECTION 3 5—NOTIFICATION FOR RECALL 7 SECTION 3 6—RECALLS 7 SECTION 3 7— POSITION VACANCIES 8 ARTICLE 4— HOURS OF WORK....... . ....... ........ . ......... ......... ....... . .......... .................. ........... ..... 9 SECTION 4 1 —HOURS OF WORK 9 SECTION 4 2 —ALTERNATIVE WORK SCHEDULES 10 SECTION 4 3—MEAL AND REST PERIODS 10 ARTICLE 5—OVERTIME, COMPENSATORY TIME AND CALL BACK..... . ....... ......... ................. . 10 SECTION 5 1 —OVERTIME 10 SECTION 5 2—CALL BACK 11 SECTION 5 3—COMPENSATORY TIME 11 SECTION 5 4 —MANDATORY STANDBY 11 ARTICLE 6 —UNION ACTIVITIES.. .. ........ ......... ....... . ......... ..... ......... .......... .......... .... ..... .. . . . 12 SECTION 6 1 —ATTENDANCE AT MEETINGS 12 SECTION 6 2—BULLETIN BOARDS 12 SECTION 6 3— EMPLOYEE UPHOLDING UNION PRINCIPLES/PERFORMING DUTIES 13 ARTICLE 7—GRIEVANCE PROCEDURE ................... . ...... ......... ......... ................ .. ............. .. .. 13 SECTION 7 1 —GRIEVANCE OR DISPUTE OVER PROVISIONS OF AGREEMENT 13 SECTION 7 2—CIVIL SERVICE APPEAL 13 SECTION 7 3—GRIEVANCE STEPS 14 Step 1 14 Step 1 B (if Applicable) 14 Step 2 14 Step 3 15 Step 4 15 SECTION 7 4—GRIEVANCE AGAINST UNION 15 I (P 1LaborIUNIONWFSCME12001 NegVaF 2001 Contract Final doc) 08/02/01 Step 1 15 Step 2 15 ARTICLE 8— DISCIPLINARY ACTION BY THE EMPLOYER..... ........ . ....... ......... ........ ...... ....... . 16 SECTION 8 1 —DISCIPLINARY ACTION 16 SECTION 8 2— DISCIPLINARY/PERSONNEL RECORDS 16 ARTICLE 9—WORK STOPPAGES AND EMPLOYER PROTECTION . ........ .................... ....... ........ 17 SECTION 9 1 —WORK STOPPAGE DEFINED 17 SECTION 9 2—BACK TO WORK ORDER 17 SECTION 9 3—DISCIPLINARY MEASURES BY EMPLOYER 18 ARTICLE 10—DEPARTMENT WORK RULES........ ........... ....... . ......... .......... .......... ..... ........ . 18 ARTICLE 11 —MANAGEMENT RIGHTS... ......... ........ ........ ........ ........ . ........... ........ ............ .18 ARTICLE 12—CONTRACTING WORK....... .. ........ ...................... ........... ................... ........ .......... ... 19 ARTICLE 13—CITY COUNCIL AGENDAS/MINUTES... . ....... . ......... ...................... ................. . .. ... 20 ARTICLE14— PAY PERIODS ........ .......... .......... . ................................ ...................... ...... .......... ..20 ARTICLE 15—WAGES, COMPENSATION AND LONGEVITY............................... .......... ...... . ........21 SECTION 15 1 —WAGES 21 SECTION 15 2—SALARY STRUCTURE 21 SECTION 15 3—JOB DESCRIPTIONS AND RECLASSIFICATION REQUESTS 22 SECTION 15 4— LONGEVITY 22 SECTION 15 5—EDUCATIONAL INCENTIVE PLAN 23 SECTION 15 6—SHIFT DIFFERENTIAL PAY(POLICE SUPPORT) 23 SECTION 15 7—OUT OF CLASS PAY 24 SECTION 15 8—CORRECTIONS PREMIUM PAY/ASSIGNMENT 26 ARTICLE 16—EMERGENCY CONDITIONS ................... ........ ....... . .......... ................. ....... .......... 26 ARTICLE 17— HOLIDAYS ......... ......... ........ . ....... . .......................... .......... ................. ................... . 27 SECTION 17 1 —HOLIDAYS OBSERVED 27 SECTION 17 2 — HOLIDAY LEAVE BANK 27 A Eligibility 28 B Accruals 28 C Holidays Not Worked 28 D Holidays Worked 29 E Holiday Use Restrictions 30 F Cash Out 30 ARTICLE 18—ANNUAL LEAVE. .......... ....... ......... ........ ......... ........................... .................. ..........30 SECTION 18 1 —ANNUAL LEAVE ACCRUAL 30 SECTION 18 2—MA7(IMUM LEAVE ACCRUAL 31 SECTION 18 3—SCHEDULING ANNUAL LEAVE 31 A Non-Civil Service 31 B Civil Service 31 ARTICLE 19—SICK LEAVE ......... ........ ..... ......... ......... ....... . ...........................................................31 11 (P\Labor\UNIONWFSCME12001 Neg\AF 2001 Contract Final doc) 08/02/01 SECTION 19 1 —SICK LEAVE ACCRUAL 31 SECTION 19 2— USE OF SICK LEAVE 32 SECTION 19 3—PROMPT NOTIFICATION 32 SECTION 19 4—SICK LEAVE ABUSE 32 SECTION 19 5—CONDITIONS NOT COVERED 33 SECTION 19 6— PHYSICIANS STATEMENT 33 SECTION 19 7—WELLNESS PROGRAM 33 SECTION 19 8—SICK LEAVE INCENTIVE PROGRAM, 33 ARTICLE 20—JURY DUTY AND COURT APPEARANCES... .. .... ........ ...... ......... ..... ......... ........ 34 SECTION 20 1 —JURY DUTY AND COURT APPEARANCES 34 SECTION 20 2—JOB-RELATED COURT APPEARANCE 34 A Shift Other than Grave 34 B Grave Shift 34 C Pyramiding 35 D Standby Time for Court Appearance 35 ARTICLE 21 — BEREAVEMENT LEAVE.. ........ ...... ........................ ............... ...... . ..................... ...35 SECTION 21 1 —USE OF BEREAVEMENT LEAVE 35 SECTION 212—IMMEDIATE FAMILY 35 SECTION 21 3— USE OF SICK LEAVE TO SUPPLEMENT BEREAVEMENT LEAVE 36 ARTICLE22— PENSION..... ....... . ....... ...... ......... ..... ........ ....... ....... ....................... ...... .......... ..... 36 ARTICLE 23—WORKERS' COMPENSATION PROGRAM....... ..... ........ ..... ................ ...... ...... .. ... 36 ARTICLE24— INSURANCE. ....... .. ..... ........ ....... ...... ............... ..... .. ..... . ............... ...... ...... ...... .36 SECTION 24 1 —MEDICAUDENTAL PLANS 36 SECTION 24 2—EMPLOYEE CONTRIBUTION-MEDICAUDENTAL COVERAGE 37 SECTION 24 3—RETIREMENT BENEFITS 37 SECTION 24 4— HEALTH CARE COMMITTEE 38 SECTION 24 5—LIFE INSURANCE 38 SECTION 24 6—LONG TERM DISABILITY INSURANCE(LTD) 38 ARTICLE 25—EDUCATION, SEMINARS AND CONFERENCES.. ........ ..... ............... ...... ...... ....... 38 SECTION 25 1 —REIMBURSEMENT FOR TRAINING SEMINARS/CONFERENCES 38 SECTION 25 2 —SPECIAL LICENSES AND CERTIFICATES 39 SECTION 25 3—EDUCATION—GENERAL 39 SECTION 25 4—REIMBURSEMENT REQUESTS 39 SECTION 25 5—CLASS ATTENDANCE 40 SECTION 25 6— REIMBURSEMENT FOR TRAINING 40 ARTICLE 26— LABOR MANAGEMENT MEETINGS... ..... . ....... .... ....... ..... ..... ..................... . ....40 ARTICLE 27— HEALTH AND SAFETY...... ....... ........ ..... ...... ....... .... ......... ...... ................ .... . ..... 41 SECTION 27 1 —WORKING CONDITIONS 41 SECTION 27 2— UNIFORMS AND SAFETY GEAR 41 SECTION 27 3—PERSONAL TOOLS 42 SECTION 27 4—MISCELLANEOUS PROVISIONS 42 ARTICLE 28—NON-DISCRIMINATION . ...... ....... ...... ...... ...... .... ............... ..... ..... ............... ....... 42 ARTICLE 29— MILITARY LEAVE.... ....... . .............. .... ...... . ..... .... ........ ..... .... ...... ........ .... ... ..43 III (P 1LaborIUNIOMAFSCME12001 Neg1AF 2001 Contract Final doo) 08/02/01 ARTICLE 30— PRIORITY OF STATE AND CITY LAWS/SAVINGS CLAUSE...................... ...... .........43 ARTICLE 31 —SMOKE FREE WORKPLACE..... ......... ........ ......... .................... ................. ........ . 44 ARTICLE 32—ALCOHOL OR DRUGS IN THE WORKPLACE................. ............................. ........ .. .44 SECTION 32 1 — DRUG FREE WORKPLACE 44 SECTION 32 2 —DRUG AND ALCOHOL TESTING 44 SECTION 32 3— INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING 44 SECTION 32 4—EMPLOYEE TESTING 45 SECTION 32 5—ALCOHOL TESTING 45 SECTION 32 6—TESTING PROGRAM COSTS _ _ 45 SECTION 32 7— REHABILITATION PROGRAM 46 SECTION 32 8— DUTY ASSIGNMENT AFTER TREATMENT 46 SECTION 32 9— RIGHT OF APPEAL 46 SECTION 32 10— UNION HELD HARMLESS 46 ARTICLE 33—JOB ROTATION..... .............. .......... ........... ............ ............... ........... ......... . ...........47 ARTICLE 34—JOB SHARE..... .............. ...................... . ........ ........... . .......... ........... ...... .... ....47 ARTICLE 35—VOLUNTEERS AND INTERNS......................... . ......... . ....................... . ....... ... .......48 ARTICLE 36—CIVIL SERVICE SHIFT BIDDING...... ............. ........... ........... ...................... ........ . .48 SECTION 36 1 —POLICE SUPPORT SHIFT BIDDING 48 SECTION 36 2—CORRECTIONS POSITION BIDDING 49 Subsection 36 2 1 - Shift Assignments 49 Subsection 36 2 2-Bid/Assignment Process 50 Subsection 36 2 3— Corrections Bid Cycle 52 ARTICLE 37— ENTIRE AGREEMENT... ........... ........ ............. ....... . . ....... ........... ........... ........ .. . 52 ARTICLE38—DURATION... ......... .... ........ . .......... ......... ......... ......... .... ...... ........... ........... ........53 SIGNATURES............. . ............ ......... ......................... ......... ......... .................... ........ . ....... . ........54 APPENDIX A -SCHEDULE "A" .. .......... ......... ......... ....................................................... ........... ........ 1 APPENDIXB. ................ .......... .......... ........ .............. ................ ............... .......... ....... ......... . ......... 1 POLICE DEPARTMENT INTERNAL INVESTIGATIVE PROCEDURES 1 SECTION 1 - EMPLOYEE RIGHTS 1 SECTION 2 - PSYCHOLOGICAL EVALUATIONS 3 A Conditions Under Which Evaluations Will Take Place 3 B Results of the Evaluation 3 C Definition 3 IV (P 1LaborIUNIONWFSCME12001 Neg\AF 2001 Contract Final doc) 08/02/01 PREAMBLE This agreement is between the City of Kent (hereinafter called the City), and Local #2617, Washington State Council of County and City Employees, American Federation of State, County and Municipal Employees, AFL-CIO (hereinafter called the Union) for the purpose of setting forth a mutual understanding of the parties as to wages, hours, and working conditions, for those employees for whom the City recognizes the Union as the collective bargaining representative The City and the Union shall cooperate to provide the public with efficient and courteous service, to promote the efficiency of law enforcement, public safety, the morale and security of employees, to encourage good attendance of employees, and to promote a climate of labor relations that will aid in achieving a high level of efficiency and productivity in all departments of City government Whenever words denoting the feminine or masculine gender are used in this Agreement, they are intended to apply equally to either gender ARTICLE 1 — RECOGNITION AND BARGAINING UNIT Section 1.1 — Recognition of Unit The City hereby recognizes the Union as the exclusive bargaining representative for regular fulltime and regular part-time employees who work for the City whose positions are allocated to classifications listed in Schedule "A" in the following departments/divisions Finance, Fire Administration, Fire Prevention, Police (regular fulltime only), City Attorney's Office Prosecution Division, Community Development (including Planning Administration, Development Services, and the Permit Center), Parks Maintenance, Parks Facilities, Parks Human Services, Public Works Administration, Public Works Property Management, Public Works Operations, Information Technology Administration and Multimedia Divisions, and the City Clerk's Office Section 1.2 — Excluded Employees The following employees shall be excluded from the bargaining unit A All other represented employees of the City, B All Department/Division Directors, Managers, as well as supervisory and confidential employees as defined by P E R C , C Police Department Drinking Driver Task Force Personnel and Parking Enforcement Assistant, and D All employees classified as temporary, as defined in Section 1 3 Page 1 (P tLaborWN10N1AF5CME12001 Neg1AF 2001 Contract Final doc) 08102/01 Section 1.3 — Temporary Employees Temporaries shall be considered employees hired to work no more than five (5) months in a calendar year (January— December) or who work less than 520 hours in a calendar year (January— December) and are not regularly scheduled Temporary employees shall not be used to supplant or replace bargaining unit employees The City shall notify the Local Union President of all temporaries performing bargaining unit work This notification will be upon hire and quarterly to include name, department, date of hire, and hours worked The use of temporary employees is appropriate for defined short-term, intermittent, or seasonal work in accordance with the above Temporary employees shall be classified into one of two categories A Five (5) month temporaries are defined as employees who may work up to forty (40) hours a week for a period not to exceed five (5) consecutive months in a calendar year (January— December) A minimum of four (4) months break in service shall occur after any five (5) consecutive month period B 520 hour temporaries are defined as employees who work 520 hours or less in any calendar year (January— December) and are typically described as on-call, intermittent, or who may be routinely scheduled for only a few hours each week Departments may hire multiple temporary employees as defined above but shall not combine or overlap temporaries in such a way as to create the equivalent of a regular position or to avoid the time constraints set herein Section 1.4— Dispute Resolution Any dispute arising in the future as to the inclusion or exclusion of a position from the bargaining unit will be presented to the Public Employment Relations Commission (P E R C ) for determination Failing agreement of the parties, pending resolution, bargaining unit members shall remain members ARTICLE 2 — UNION MEMBERSHIP AND DUES DEDUCTION Section 2.1 — Union Membership Except as provided below, it shall be a condition of employment that all employees of the Employer covered by this Agreement be members of the Union in good standing and shall remain in good standing Except as provided below, it shall be a condition of employment that all employees covered by this Agreement hired on or after its effective date shall, on or before the thirty-first (31 at) day following the beginning of such employment, become and remain members in good standing in the Union When the Page 2 (P\LaborWNIOMAFSCME12001 Neg1AF 2001 Contract Final doc) 08102J01 application of provisions set forth in the next paragraph are in dispute, the thirty-one (31) day period shall not begin to run until the dispute has been resolved through the appropriate proceedings In accordance with R C W 41 56 122, employees covered by this Agreement who for bona fide religious tenets or teachings of a church or religious body are forbidden from joining a union or association, shall contribute an amount equivalent to regular union dues and initiation fees, if applicable, to a non-religious charity or to another charitable organization mutually agreed upon by the Employee and Union The Employee shall furnish written proof to the Union that such payment has been made Pending the resolution of any dispute concerning the application of R C W 41 56 122, the amount equivalent to union dues and initiation fees shall be held in an escrow account Section 2.2 — Dues Deduction The City agrees to deduct semi-monthly from the paycheck of each employee, who has so authorized it, the regular monthly dues uniformly required of members of the Union The amounts deducted shall be transmitted monthly to the Union on behalf of the employees involved Said transmission shall include a breakdown of total number of employees in three categories Full-time (more than 20 hours per week), Part-time (more than 12 hours per week not to exceed 20 hours per week), and Sub Part-time (12 hours a week or less) The Union will indemnify, defend, and hold the City harmless against any claims made and against any suit instituted against the City as a result of compliance with this article The City agrees to provide the Local Union President with a payroll register of the bargaining unit employees each pay period and a list of all new employees covered by the collective bargaining agreement The City agrees to provide the affected employee(s) with a copy of a Personnel Action Report which identifies changes to the employees' pay and/or employment status which shall be provided within five (5) working days of the payday Issues related to the administration of this section will be addressed on a case-by-case basis in Labor/Management prior to utilizing the grievance procedure Page 3 (P 1LaborIUNIONWFSCME\2001 NegWF 2001 Contract Final doc) 08/02/01 ARTICLE 3 — SENIORITY AND EMPLOYMENT PRACTICES Section 3.1 — Probationers A Non Civil Service Employees New Hires All employees hired after the signing of this contract shall serve a probationary period during the first twelve (12) months of employment Probationary employees shall have full access to the grievance procedure except in cases of disciplinary action B Civil Service Employees 1 New Hires The parties recognize the purpose of probationary employment for new hires and rehired employees is to provide a trial period of employment during which the City can observe the performance of the probationer for twelve (12) months before confirming the rights of permanent status Probationary employees shall have full access to the grievance procedure except in cases of disciplinary action In the case of lay off, bumping and recall, there shall be no seniority among probationary employees Upon the successful completion of the probationary period, the employee shall acquire seniority credit, and their seniority shall be retroactive to the date of employment, less any adjustments due to approved leaves of absence without pay 2 Transferred and Promoted Employees Any permanent employee who is transferred (pursuant to the Civil Service process), or promoted shall be considered as a special probationary employee, and must successfully complete a twelve (12) month special probationary period before being permanently appointed to the new position or rank For purposes of this agreement, special probationary employees who are employed as regular full time shall be considered as and entitled to all benefits of non- probationary members of the bargaining unit If the special probationary employee fails to demonstrate that he or she can completely and satisfactorily perform the job within the special probationary period, the City shall return the employee to his or her former position classification, or rank, without any loss of seniority, and this determination may not be challenged under the grievance procedure Any other employees who were transferred or promoted as a result of this employee's transfer or promotion shall also be returned to their former Page 4 (P 1LaborWNIONWFSCMEV2001 NegWF 2001 Contract Final doc) 08/02/01 positions, and unless there is a layoff Involved, the bumping procedure shall not apply 3 Probation Extension Any probationary period for police department employees may be extended upon the request of the Police Chief as a result of approved breaks in service and time spent by a Corrections Officer in the basic Corrections Officer academy, to allow for the completion of twelve (12) months of satisfactory performance in the employee's regular assignment Section 3.2 — Seniority A For the purposes of this article permanent service shall be defined as regular full time or regular part-time employment with the City of Kent B Seniority, for the purpose of vacation bids shall be defined as the employee's length of permanent service within their department, less any adjustments due to layoff, approved leaves of absence without pay (unless otherwise agreed to by the City), periods of 24 months or less between resignation and reinstatement (according to Civil Service procedures, if applicable), or other authorized breaks in service C Seniority, for the purpose of shift bidding, reductions in force, recalls, and reductions in rank resulting from personnel reductions, shall be defined as the employee's length of permanent service within their current rank or classification, less any adjustments due to layoff, approved leaves of absence without pay (unless otherwise agreed to by the City), periods of 24 months or less between resignation and reinstatement (according to Civil Service procedures, if applicable), or other authorized breaks in service In the case of an employee who has had a reduction in rank or class, the employee's senionty shall include time spent in the higher rank(s) or class(es) D Seniority for all other purposes, shall be defined as the employee's length of permanent service with the City of Kent, less any adjustments due to layoff, approved leaves of absence without pay (unless otherwise agreed to by the City), periods of 24 months or less between resignation and reinstatement (according to Civil Service procedures, if applicable), or other authorized breaks in service E Seniority and the employment relationship shall be terminated when an employee resigns, is discharged for just cause, is absent for three (3) consecutive working days without notifying the City unless there are extenuating circumstances beyond the employee's control, is laid off and fails to report for work within three (3) working days after having been recalled, does not report for Page 5 (P\LaborlUNI0N\AFSCME\2001 Neg\AF 2001 Contract Final doc) 08/02/01 work within forty-eight (48) hours after the termination of an authorized leave of absence, unless there are extenuating circumstances beyond the employee's control, is laid off for a period in excess of one (1) year, or retires or is retired Section 3.3 — Personnel Reduction Should it become necessary due to budgetary conditions, lack of work, or any other reasonable cause, to reduce the number of employees within the City, the following basic provisions shall apply A It shall be the responsibility of the City to determine job classifications in which layoffs are to occur Such factors as nature of work performed and impact on Department operations shall be weighed to determine areas where reductions can be made B Order of layoff shall be determined by job classification within the Department Employees with the least seniority in a classification, as defined in Section 3 2, will be laid off first C If an employee subject to layoff has more seniority than an employee in the same classification within the bargaining unit or in a classification previously occupied by the employee within the bargaining unit and meets the minimum qualifications for the job, the more senior employee shall have the option of bumping the less senior employee For purposes of bumping, an employee bumping to a lower compensated or equivalently compensated classification shall add their seniority in that classification to any seniority in an equivalently compensated or higher compensated classification Although seniority can accumulate from a higher compensated classification to a lower compensated classification or between two (2) equivalently compensated classification following the line of progression, seniority cannot accumulate from a lower compensated classification to a higher compensated classification It is understood that employees in non-AFSCME positions shall be entitled to bumping rights but shall only be allowed to accumulate seniority, for this purpose, for time spent in bargaining unit classifications D Employees bumping to a drfferent classification in the same pay range shall remain at the salary step occupied prior to the move and given credit for time served within that salary step Employees bumping to a lower classification shall be compensated at the salary range of the position they are transferred to Placement within the salary range shall be at the step closest but not lower than the employee's previous compensation unless the previous salary exceeds the top step of the new pay Page 6 (P 1LaborIUNI0NIAF5CME12001 Neg1AF 2001 Contract Final doc) 08/02/01 range At which time, the employee shall be placed at the top step of the new pay range Their Increment date shall not be changed No bargaining unit employee may be laid off if there are temporary employees working in the same work unit Any employee subject to layoff shall have the right to bump Into any temporary position working within the bargaining unit for which they are qualified In which case, they will assume the status of a temporary employee without loss of seniority rights as provided for in Article 3, Section 3 2 of this Agreement No bargaining unit member may be laid off without being given thirty (30) calendar days notice In the event the Employer intends to cease the operation of the Corrections Facility, it shall provide the Union and the employees such notice not less than six (6) months prior to such change in operation Section 3.4 — Severance Pav All non-probationary employees shall, in event of reduction in force, be paid at the time of separation, a sum equal to twenty two (22) days pay, not to exceed 176 hours Such severance pay shall be in addition to any and all monies due the employee at the time of separation, provided, however this section shall only apply to employees who are laid off by the City Voluntary termination and other terminations not classified as layoff are excluded from the provisions of this section Section 3.5 — Notification for Recall All employees who have been laid off shall receive, via certified mail, notification of all job openings in the City of Kent. The employees shall receive such notification for 24 months from the date of lay-off or reduction Refusal to accept regular full-time employment offered by the City of Kent during this period, in the classification occupied at time of layoff, shall terminate the employee's notification right Section 3.6 — Recalls All employees who have been laid off shall have the right to apply and compete for any vacancies in the City Should one or more laid off employees apply for a vacancy within the bargaining unit for which the employee(s) has previously held, said vacancy shall be filled by the most senior applicant, having seniority rights as defined in Article 3, Section 3 2 Employees applying for a position within the bargaining unit which they have not previously held, and who meet the minimum qualifications for the lob, shall be given preferential consideration over other applicants outside the bargaining unit when the position is filled If an employee is recalled to a classification in the pay range they occupied prior to the layoff, the employee shall return to the salary step occupied prior to the layoff and given credit for time spent within that salary step Employees recalled to a lower Page 7 (P%LaborS1JNION\AFSCMEX2001 Neg1AF 2001 Contract Final doc) 08/02/01 compensated classification shall be compensated at a salary range of the position they are transferred to Placement within the salary range shall be at the step closest but not lower than the employee's previous compensation unless the previous salary exceeds the top step of the new salary range At which time, the employee shall be placed at the top step of the new pay range The employee shall be given credit for time served within the salary step Section 3.7 — Position Vacancies When a job opening occurs within the bargaining unit, the City shall first post the job announcement internally subject to the provisions below in order to establish a list of qualified applicants All qualified regular full time and regular part-time City employees may apply and compete in the process Job announcements shall include notification of the City's intent to establish an applicant list for the classification posted and shall be posted on the citywide e-mail system and distributed to each department through inter- office mail All job openings shall be open for a minimum of five (5) working days The City may thereafter post the job opening to outside applicants In such cases, employees who applied through the in-house process shall be allowed to compete in the process Civil Service rules and regulations shall govern all Civil Service positions For non-civil service positions, upon completion of the recruitment and screening process, the City shall establish a certified non-ranked list of qualified applicants This list may be utilized for a period not to exceed six (6) months Such applicant pool lists shall be established by classification and may be utilized by multiple departments at the hiring manager's discretion Once an applicant pool list has been established for a lob classification in accordance with the above procedure, the City is not required to re- open positions of the same classification internally before accessing the applicant pool list When a qualified applicant pool list is being considered for a subsequent opening, a general notice of such will be sent to all city employees In addition, the qualified candidates on the active list shall be notified in writing of the opportunity to contend for the position If the active list is not used, the City shall initiate the announcement process with an internal announcement as required above Where qualifications, skills and abilities of the finalists are relatively equal, as reasonably determined by the City, preference shall be given to the Bargaining Unit employee Regular part-time positions authorized to become regular full time by the City Council shall first be offered to the incumbent employee Page 8 (P 1LaboAlJNI0N\AFSCME12001 NegWF 2001 Contract Final doe) 08/02/01 ARTICLE 4— HOURS OF WORK Section 4.1 — Hours of Work A For Corrections Officers, Corrections Sergeants, Records Supervisors, Records Specialists and Data Entry Specialist the normal work schedule for employees covered by this agreement shall not exceed 40 hours of work in a seven (7) consecutive day period The work week will commence at the beginning of day shift on Sunday and end with completion of Saturday night's graveyard shift The employee's work schedule shall be posted at least fourteen (14) days prior to the beginning of the applicable work period The normal work schedule for all employees covered by this agreement shall be designed with a minimum of a 30 minute unpaid lunch period Except that for Corrections Officers and Corrections Sergeants lunch shall be inclusive The work schedule shall be either five (5) consecutive workdays followed by two (2) consecutive days off, or four (4) consecutive workdays followed by three (3) consecutive days off, except at shift rotation time, or a mutually agreed upon alternative work schedule Scheduling changes may be made where there is an operating need The Union shall be given thirty (30) days advance notice of any change in the basic schedule (5-2 to 4-3 or 4-3 to 5-2), and of the schedule determined for new assignments or positions, and the reasons necessitating it, in order to discuss alternatives and impacts Provided, however, that any employee covered in this section who is required to report back to work between the end of their regular shift and the beginning of their next regular shift shall be paid at the overtime rate for all hours worked between regular shifts Employees must be scheduled with at least twenty-four (24) hours between the time each regular shift begins If as a result of shift bidding, an employee's schedule would not allow for at least twenty-four (24) hours between the time each regular shift begins, the employee will be provided an opportunity to take a day of leave or adjust their schedule for the first week of the new rotation only Except as provided herein, the Police Administration shall have the right to determine the work schedule B For all employees not covered under Section A above, the regular hours of work each day shall be consecutive except for lunch periods The normal work week shall be five (5) consecutive days of not more than eight (8) hours per day, Monday through Friday, exclusive of lunch period, except where the work day or work week is different and is accepted as a condition of employment when the Page 9 (P 1LaborIUNI0N\AF5CMB2001 Neg1AF 2001 Contract Final doc) 08/02/01 employee is hired Scheduling changes may be made where there is an operating need C Daylight Savings — Employees who work graveyard shift during the fall will be paid one hour at the overtime rate of time and one-half when the clocks are moved back one hour Employees who work graveyard shift during the spring will be required to utilize one hour of annual or compensatory leave when the clocks are moved forward one hour, or be allowed to work the additional hour to complete their normal shift hours Section 4.2 —Alternative Work Schedules Alternative schedules, as agreed to by employer and Union, may be utilized For example, but not limited to flex time, 4/10's, 9/80's, tele-work, etc Any such schedule needs to be reduced to writing and signed off by the City and the Union. The City reserves the right, with fourteen (14) days notice to the employee to revert back to the normal schedule based on operating need and/or employee job performance concerns The employee may also, with fourteen (14) days notice revert back to the normal schedule Section 4.3— Meat and Rest Periods All employees shall be granted a meal period of not less than one-half(1/2) hour nor more than one (1) hour during each work shift, unless otherwise established by mutual agreement between the supervisor and employee, as defined in Section 4 1 above Except in emergency situations, all employees will be granted one paid fifteen (15) minute rest period during each one-half (112) shift, at the middle of each one-half (1/2) shift whenever feasible Emergency situations are defined as situations where injury to persons, loss of life and/or serious public or private property damage are possible Employees whose work requires personal clean-up prior to leaving the Employer's premises or job site shall be allowed necessary time for doing so prior to lunch and the end of the shift ARTICLE 5 — OVERTIME, COMPENSATORY TIME AND CALL BACK Section 5.1 — Overtime The City reserves the right to determine whether overtime is necessary or should be worked A All regular full-time employees shall be paid at the rate of time and one-half their rate of pay for all time compensated in excess of their normal forty (40) hour Page 10 (P 1LaborIUNIOMAFSCME\2001 Neg\AF 2001 Contract Final doc) 08/02/01 workweek In computing overtime, rounding up to the nearest one-quarter (1/4) hour shall be used In addition, all regular full-time employees who work in excess of their regular shift in any one (1) day exclusive of the lunch period shall be paid at a rate of time and one-half B All regular part-time and job share employees who work in excess of forty (40) hours In a work week, or eight (8) hours in a work day shall be paid at time and one-half C Mutually agreed alternative work schedules beyond eight (8) hour days shall be paid at time and one half for all hours In excess of their regular shift D Employees required to work on a sixth (6t") or seventh (7t") consecutive day within the same work week shall be paid at the rate of time and one-half E Overtime shall be offered evenly to those employees who normally perform the work within the same work unit Section 5.2 — Call Back Call back shall be defined as all time worked, whether scheduled or unscheduled (to Include voluntary overtime) in excess of a regular shift, which is not annexed to either the beginning or end of the shift Employees called back to work shall be paid a minimum of three (3) hours at the overtime rate Section 5.3 — Compensatory Time Employees shall have the right to request compensatory time at the same ratio as the overtime rate In lieu of cash payment for overtime. Requests for compensatory time off may be denied if the department director determines that the operational effectiveness of the City would be Impaired by such action in accordance with the Fair Labor Standards Act (F L S A ) Compensatory time shall not, at any given time, exceed eighty (80) hours All hours accrued above eighty (80) shall be paid If an employee Is unable to use accrued compensatory time, they shall be granted the option to cash out their accrual upon request The cash out will be included In the next regularly scheduled paycheck Section 5.4— Mandatory Standby The City reserves the right to establish a mandatory standby program within defined work units Standby periods shall be determined by the City Volunteers shall be sought before mandatory assignments are made. Page 11 (P Tabor\UNION\AFSCME12001 Neg\AF 2001 Contract Final doc) 08/02/01 Employees placed on mandatory standby by the department director, or designee, shall be required to carry a communication device (such as a phone or pager) provided by the City and be able to respond to call back situations immediately without restrictions or impairments Employees assigned to mandatory standby by the department director, or designee, shall be compensated at $2 20 per hour effective January 1, 2001 and $2 40 per hour effective January 1, 2002 Standby pay shall commence upon the employee's departure from work Standby pay shall cease upon the employee's return to work for his or her assigned shift ARTICLE 6 — UNION ACTIVITIES Section 6.1 —Attendance at Meetings With prior notice, the City will grant employees who are designated Union representatives reasonable time off, with pay, for meetings with City officials, investigating grievances, grievance meetings, P E R C or arbitration hearings, labor/management meetings, and contract negotiations Meetings between the Local Union representatives and management will be held during regular working hours, if possible The Union representative shall be allowed access at reasonable times to facilities of the City wherein the employees covered under this Agreement may be working Access shall be granted for the purpose of conducting necessary Union business and investigating grievances The representative shall normally notify, except where exempted in writing by the Employee Services Director,the appropriate City official (Department Director and/or Employee Services Director) prior to arriving on City premises for Union business In the event such prior notification cannot be given, and a written exemption has not been provided as stated above, the Union representative will give such notice to the Employee Services Director or appropriate Department or Division Director within ten (10) minutes after his/her arrival at City facilities Employees whose regular work schedule is a swing shift or a night shift, may be allowed to adjust their work schedule with prior supervisory approval for the purpose of attending Union meetings (limited to 12 meetings per year) However, employees may elect to use either annual leave or compensatory time, if available, for time spent attending Union meetings Section 6.2 — Bulletin Boards The City shall permit the reasonable use of bulletin boards and e-mail by the Union for the posting of notices relating to Union business Bulletin boards will be located in each represented work area Material posted thereon shall be the responsibility of the Union Shift personnel may receive Union notices in their City mailboxes Page 12 (P 1Labor\UNIONtAFSCME2001 NegWF 2001 Contract Final doe) 08l02101 Section 6.3 — Employee Upholding Union Principles/Performing Duties The City agrees that the employees covered by this Agreement 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 The City agrees to meet with the Union to seek mutual resolution to concerns so that employees shall not be required to cross the picket line of a strike sanctioned by the King County Labor Council ARTICLE 7 — GRIEVANCE PROCEDURE Section 7.1 — Grievance or Dispute over Provisions of Agreement A procedure is hereby established as a means to resolve grievances Grievance shall be defined as a claim or dispute by an employee or group of employees with respect to a violation of the express provisions of this Agreement Grievances processed through the grievance procedure shall be heard during normal working hours, Monday through Friday, 8.00 a m to 5 00 p m., unless stipulated otherwise by the parties Grievants and employee representatives involved in such grievance meetings during their scheduled working hours shall be allowed to do so without suffering a loss in pay If a grievance is not presented by the employee or the Union within the time limits set forth below, it shall be considered "waived" and may not be further pursued by the employee or the Union If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the City's last answer If the City does not answer a grievance or an appeal thereof within the specified time limits, the aggrieved employee and/or the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step If the parties mutually agree, the timelines set forth in this section for processing of grievances will be put on hold for a mutually agreed upon period of time to allow the parties to address the grievance in Labor/Management If a resolution is not agreed to, the grievance process shall continue Grievances shall be resolved in the following manner Section 7.2 — Civil Service Appeal 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, including applicable deadlines Under no circumstances may an employee use both the Page 13 (P\Labor\UNIONWFSCME12001 Neg\AF 2001 Contract Final doc) 08/02/01 contract grievance procedure and Civil Service Commission procedures relative to the same action The Employer shall endeavor to accommodate the work schedule of employees who are the subject of a Civil Seance hearing or grievance arbitration, provided that the Employer is not required to alter the schedule of any employee to make this accommodation Section 7.3 — Grievance Steps Step 1 A grievance shall be reduced to writing and presented by the aggrieved employee and/or his/her Union Representative within fifteen (15) working days of the alleged contract violation to the employee's immediate supervisor Except that when the employee's immediate supervisor is recognized under this collective bargaining Agreement, the Step 1 grievance will be presented to the first supervisor in the employee's chain of command who is not recognized under this collective bargaining Agreement The immediate supervisor should consult and/or arrange a meeting with the employee and/or Union Representative as 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 receipt of the grievance Step 1 B (If Applicable) For Civil Service employees, if the grievance is not resolved as provided above, it shall be forwarded to the appropriate Division Commander by the aggrieved employee or Union representative within ten (10)working days of receipt of the immediate supervisor's answer to grievance The Division Commander shall answer the grievance within ten (10) working days Step 2 If not resolved above, the grievance shall be reduced to writing and submitted to the Department Director by the aggrieved employee and/or the Union within ten (10) working days following the completion of Step 1 The written grievance shall include a statement of the issue, the section(s) of the Agreement allegedly violated, facts of the case, and remedy sought A meeting shall be arranged within ten (10) working days with the City and representatives of the Union Following that meeting the party responding to the grievance shall give its written response within ten (10) working days of the completion of the meeting Page 14 (P tLabor\UNlOMAFSCME12001 Neg1AF 2001 Contract Final doc) 08/02/01 Step 3 Grievances not settled to the satisfaction of the Union shall then be presented by the Union directly to the Mayor or his/her designee within ten (10) working days of the Step 2 response A meeting shall be arranged within ten (10) working days between the City, the grievant and the Union The Mayor or his/her designee shall then submit a decision, in writing, on the grievance within ten (10) working days from the completion of the Step 3 meeting Copies of the decision shall be provided to the grievant and the Union Step 4 In the event the decision reached by the Mayor or his/her designee is unsatisfactory to the Union, the grievance may, within twenty (20) working days, be submitted to arbitration If the parties fail to mutually agree upon an arbitrator, a list of seven (7) names shall be requested from the Public Employment Relations Commission The parties shall alternately strike names, beginning with the respondent, until one (1) name remains, that person shall serve as the arbitrator If referred to arbitration (1) the arbitrator's decision shall be final and binding, (2) the arbitrator shall be empowered to render a decision based on Interpretation of the contract only and shall not add or delete from the provisions of this Agreement, and (3) the arbitrator shall render a decision within thirty (30) days after the hearing has been concluded It is agreed that the expenses and fees 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 Section 7.4 — Grievance Against Union The following procedure shall be observed if the City files a grievance against the Union for an alleged violation of the contract Step 1 The Mayor or his/her designated representative shall present the grievance to the Union Staff Representative within ten (10) working days of occurrence The Union shall attempt to resolve the matter within twenty (20) working days of receipt Step 2 If the matter is not satisfactorily resolved at Step 1, the City may within twenty (20) working days refer the matter to arbitration using the procedure outlined in Section 7 3 — Step 4 Page 15 (P\Labor\UNION\AFSCME\2001 Neg\AF 2001 Contract Final doc) 08/02/01 ARTICLE 8 — DISCIPLINARY ACTION BY THE EMPLOYER Section 8.1 — Disciplinary Action The City shall not discipline or discharge an employee without lust cause Employees shall be given the opportunity to have a Union Representative present at meetings where disciplinary proceedings will take place. The City agrees with the principles of progressive discipline Disciplinary action generally includes the following progressive steps 1 Oral reprimand, which shall be reduced to writing although not placed in the employee's personnel record, 2 Written reprimand, 3 Suspension or demotion, and 4 Discharge Disciplinary action will be tailored to the nature and severity of the offense Management maintains the right to take disciplinary action as they deem appropriate Section 8.2— Disciplinary/Personnel Records Employee Personnel files are the responsibility of the Employee Services Department Employee Personnel files are confidential and shall be accessed only by the following individuals a) Employee, b) Employee's supervisor/department director, c) Employee Services Director or designee, d) An attorney representing the City of Kent in legal matters as approved by the Employee Services Director, and e) Employee's Union Representative upon written authorization from the Employee No materials shall be included in an Employee Personnel file without the knowledge of the employee and the Employee Services Department The Employee Services Director is designated guardian of the City's Personnel records and bears the responsibility for lost files Therefore, no Personnel file will be allowed to leave the immediate area of the Employee Services Department without authorization of the Employee Services Director All files will be allowed examination by an authorized individual while in the presence of authorized Employee Services staff Page 16 (P\Labof\UNI0MAFSCMM2001 Neg1AF 2001 Contract Final doc) 08/02/01 Documentation of disciplinary action shall be maintained in the employee's personnel file in accordance with the following schedule, provided that exceptions to this schedule may be approved by the Employee Services Director Written Reprimands. Written reprimands shall be purged from the employee's personnel file after three (3) years from the date of the reprimand, provided no other discipline has subsequently occurred Purged written reprimands will be kept in an archived file to be maintained as required by the State Archives and Records Management Division Suspensions Permanent record of the employee's personnel file Demotions Permanent record of the employee's personnel file ARTICLE 9 —WORK STOPPAGES AND EMPLOYER PROTECTION Section 9.1 —Work Stoppaue Defined The City and the Union agree that the public Interest requires efficient and uninterrupted performance of all City services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective Specifically, the Union shall not cause or condone any work stoppage, including any strike, slowdown, refusal to perform any customarily assigned duties, sick leave absence which is not bona fide, 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 It is agreed that all members of the bargaining unit shall perform all functions and duties required by laws of the State of Washington and ordinances of the City of Kent Section 9.2 — 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 The City agrees that it shall not initiate a lockout of bargaining unit employees Page 17 (P 1LaborWNI0NIAFSCME12001 Neg\AF 2001 Contract Final doc) 08/02101 Section 9.3 — Disciplinary Measures by Employer Any employee who commits any act prohibited in this Article may be subject to the following penalties a) Oral reprimand, b) Written reprimand, c) Suspension (notice to be given in writing), and/or d) Discharge It is understood that these penalties are not necessarily sequential Disciplinary action resulting from violation of this Article will be tailored to the nature and severity of the offense ARTICLE 10 — DEPARTMENT WORK RULES The City agrees to notify the affected employees in advance of changes in written departmental operating procedures which would affect employees in the bargaining unit Conferences to discuss such changes may be arranged prior to the time such changes would become effective However, nothing in this section shall be construed to limit the City from exercising its management responsibilities, provided, however, that when changes in procedure or department operations 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 Nothing in this section shall be construed to waive the Union's right to bargain any mandatory subject of negotiations Internal investigations of Civil Service employees in the Police Department will be conducted in accordance with the Police Department Internal Investigative Procedures outlined in Appendix C ARTICLE 11 — MANAGEMENT RIGHTS The Union recognizes that an area of responsibility must be reserved to management if it is to function effectively Unless specifically modified by sections of this Agreement, management retains the exclusive right to A Plan, direct, control and determine all the operations and services of the City B Establish the qualifications for employment and to employ employees C Direct employees of the City in the performance of their official duties Page 18 (P 1Labor\UNI0NWFSCMB2001 NegWF 2001 Contract Final doc) 08/02/01 D Evaluate, promote, determine, transfer, assign, and retain employees in positions in the City, and to suspend, demote, discharge, or take other disciplinary action against such employees for lust cause E Determine the management organization, the selection, retention, and promotion for occupations not within the scope of this Agreement F Schedule and assign work, G Establish work and productivity standards and, from time-to-time, to change those standards H Make, alter and enforce reasonable rules, regulations, orders and policies I Determine the necessity and amount of overtime and assign such overtime J Determine the use of technology, equipment, methods, means, facilities, organization, and number of personnel by which departmental operations are to be conducted K Determine whether goods or services are made or purchased L Take whatever actions may be necessary to carry out public safety and essential city functions in emergency situations M Maintain efficiency of government operations entrusted to management The above listing of specific management rights is not intended nor shall be considered restrictive of, or as a waiver of any rights of the City not listed herein Such inherent management responsibilities shall remain exclusively with the City except as they may be shared with the Union by specific provisions of this Agreement ARTICLE 12 — CONTRACTING WORK The employer agrees not to contract-out bargaining unit work except under the following conditions A The employer will notify the Union at least forty-five (45) calendar days, except in cases of emergency, prior to contracting out bargaining unit work in order to determine if that work might be more efficiently done in-house Upon request, the employer agrees to meet with the Union Page 19 (P 1LaborIUNIQNWFSCMB2001 Neg\AF 2001 Contract Final doc) 081021O1 B. Temporary agency employees, i e Kelly Services, may be utilized in accordance with the provisions of Section 1.3—Temporary Employees (criteria, timeframes) Notification to the Union of the use of agency employees is not required ARTICLE 13 — CITY COUNCIL AGENDAS/MINUTES The City will mad copies of City Council and Civil Service agendas and City Council and Civil Service minutes to the Union ARTICLE 14— PAY PERIODS The Employer shall pay all employees twice each month The City shall pay all regular employees on the fifth (5t) and twentieth (20th) of each month. In the event the fifth (51h) or twentieth (20th) falls on Saturday, Sunday or holiday (Monday only), the pay date shall be the preceding Friday Advanced pay checks may be authorized in emergency situations by the Employee Services Director or the Finance Director Any employee who is laid off or terminated shall receive all monies due him/her within one week of termination, excluding weekends The City will make every effort to insure that employees receive their payroll checks by 12 00 noon on the designated payday Concerning employees who wish to participate in the direct deposit option offered by the City for automatic deposit of paychecks to the banking institution of the employee's choice, it is agreed that the timeliness of having funds available by 12 00 (noon) of any given payday can no longer be guaranteed by the City due to the possibility of unforeseen banking computer system problems that may arise from time to time Employees who opt to participate in this program do not have a 12 00 (noon) guarantee insofar as the banking transfer network system is concerned It is mutually understood that the City has no control of the timeliness of funds being available once transmitted electronically However, it is also understood that normal paydays do occur on the 5th and the 20th of each month and that the Cit� makes every effort to initiate the electronic transfer of employee pay on the 4th and 19t of each month to employee accounts The effective date for all increases in compensation shall be the first day of the month of the employee's anniversary, or when otherwise eligible The parties recognize that the City is in the process of implementing a new Payroll/Human Resources/Finance system, which may result in the need for the parties to meet and discuss changes to this Article Such changes may only be implemented with mutual agreement of the parties Page 20 (P 1Labor\UNIONtAFSCME12001 Neg\AF 2001 Contract Final doc) 08/02/01 ARTICLE 15 — WAGES. COMPENSATION AND LONGEVITY Section 15.1 —Wages Effective January 1, 2001, a cost of living adjustment that is equivalent to ninety percent (90%) of CPI-W Seattle-Tacoma-Bremerton, June to June, which is 3 5%, shall be applied to all Bargaining Unit classifications and salary ranges listed in schedule "A" of this agreement Effective January 1, 2002, a cost of living adjustment that is equivalent to ninety percent (90%) of the Seattle—Tacoma-Bremerton CPI-W, June to June, shall be applied to all Bargaining Unit classifications and salary ranges listed is schedule "A" of this agreement Effective January 1, 2003, a cost of living adjustment equivalent to ninety percent (90%) of the Seattle-Tacoma-Bremerton CPI-W, June to June, shall be applied to all Bargaining Unit classifications and salary ranges listed in schedule "A" of this agreement Section 15.2 — Salary Structure A The salary range for employees in Appendix "A" of this agreement shall consist of five steps, A through E, with approximately five percent (5%) between each step B New Hires New employees hired into steps A through D will be eligible for a step increase after successfully passing their twelve (12) month probationary period After the first step increase as stated above, the employee shall be eligible for step increases after every twelve (12) months of service (less any authorized unpaid leaves of absence), until the maximum step in the range is reached Employees hired prior to the signing of this contract, directly into steps P, A, or B, shall be eligible for a step increase after serving six (6) consecutive months of their probationary period Upon satisfactory completion of the initial six (6) months of the probationary period the employee shall advance to the next step in the range, where the employee shall serve twelve (12) months in each step until the maximum step in the range is reached C Transfers For the purposes of this section, a transfer shall be considered as any movement of an existing employee from one classification to an equally or lower compensated classification When employees are transferred, they shall be placed in the salary step within the new salary range which is closest but not less than their previous compensation nor greater than the top step of the new salary Page 21 (P\Labor\UNI0NWFSCME120D1 Neg\AF 2001 Contract Final doc) 08/02/01 range If the top step of the new salary range is less than the employee's present compensation level, the employee shall be placed at the top step of that new range Their Increment date shall not be changed D Promotions For the purposes of this section, a promotion shall be considered any movement from one classification to a higher compensated classification When employees are promoted, they shall be placed in the salary step within the new salary range which represents a minimum of five percent (5%) increase not to exceed the maximum of the new pay range If the top step of the new salary range is less than five percent (5%) increase over the employee's current compensation level, the employee shall be placed at the top step of that new range Their increment date shall be adjusted accordingly to reflect the promotion Section 15.3 —Job Descriptions and Reclassification Requests Job descriptions for all represented employees shall be maintained by the Employee Services Department Employees may apply for reclassification If they can demonstrate that there have been significant changes In their job, Employees will be required to complete a position questionnaire. The employee's supervisor will also be required to complete a section of the questionnaire The questionnaire will then be forwarded to Employee Services for an evaluation Requests for reclassification shall be processed within three (3) months from the date the completed questionnaire has been received by Employee Services If a wage increase is warranted as a result of the reclassification process, such increase shall be retroactive to the first day of the month following receipt of the completed and signed questionnaire by Employee Services An employee, or supervisor, may appeal the findings of the Employee Services Department by submitting a written appeal to the Director of Operations within ten (10) working days of Employee Services written recommendations The Director of Operations will provide a written response to the employee within fifteen (15) working days If the Accounting Technician (A/P and LID) positions submit a request for reclassification within two (2) months of the 2001 contract ratification, and Employee Services determines the positions are to be reclassified, said reclassifications shall be effective January 1, 2001. The effective date for all other reclassification requests shall be as the first day of the month following receipt of the questionnaire as outlined above Section 15.4— Longevity The following longevity pay shall apply Page 22 (P\Labor\UNI0N\AFSCME\2001 Neg'AF 2001 Contract Final doc) 08/02101 After 5 consecutive years of service 1% of base pay After 10 consecutive years of service 2% of base pay After 15 consecutive years of service 3% of base pay After 20 consecutive years of service 4% of base pay The following employees shall also receive a minimum pay of$25 00 per month in accordance with an Addendum to the1993-1994 labor agreement, dated April 27, 1994 Ann Erickson, Sharon Andreas, and Michelle Hale Section 15.5 — Educational Incentive Plan For employees in the Corrections Officer and Corrections Sergeant classifications, an Education Incentive Program shall be provided for qualified employees Qualified employees are those who have attained the education levels defined below For employees who qualify, educational levels will be compensated at the following rates Associate Bachelors Masters A $40 per month $80 per month $120 per month B Those employees who have attained a "Junior' status at an accredited university or college will receive the same compensation as an employee with an AA degree In order to qualify for the compensation all of the credits earned must be consolidated with one accredited university or college It is the employee's responsibility to provide proof of qualification C Compensation will be provided based upon the highest educational level attained and there shall be no pyramiding of educational degrees Section 15.6 — Shift Differential Pay (Police Support) A Employees who are assigned to a regular workweek of five (5) consecutive days on and two (2) consecutive days off or four (4) consecutive days on and three (3) consecutive days off will receive shift differential pay as follows 1 Employees who work shifts which normally commence after the hours of 11 00 a m or before 5 00 p m shall be considered swing shift personnel and shall receive a differential pay of twenty cents ($ 20) per hour above the regular pay rate in effect for their respective job classifications 2 Employees who work shifts which normally commence after the hour of 5 00 p m or before 6 00 a m shall be considered to be grave shift employees and shall receive a differential pay of thirty cents ($ 30) per Page 23 (P SLabor\UNI0NIAFSCMEt2001 Neg\AF 2001 Contract Final doc) 08/02/01 hour above the regular pay rate in effect for their respective job classifications 3 Agreement between the City and Union is predicated on the current shift structure in effect at the signing date of this contract Should the function of the section of the Kent Police Department covered by this agreement change substantially due to changes in equipment available, scheduling requirements, etc , it is understood that differential pay rates will be re- examined in light of such changes B In cases where the employee is permanently assigned to swing or grave shift, leave benefits will be paid at the differential rates If an employee is only temporarily assigned to a swing or grave shift, they will be compensated at the differential rate for only the hours worked Section 15.7 — Out of Class Pay A Any non-Civil Service employee who is temporarily assigned by their division manager to perform substantially all of the duties of a higher paying AFSCME lob classification during a time period consisting of seven (7) consecutive days (inclusive of work and non-work days) shall be eligible to receive acting pay The employee assigned to work in an AFSCME position of a higher classification shall be placed at the employee's current step in the range of the higher classification or the step that represents a minimum of ten percent (10%) increase (whichever is greater), not to exceed the maximum of the range Payment of acting pay shall be based on either an hourly rate or monthly rate based upon the following criteria 1 At the hourly equivalent (based on calculation used for overtime monthly salary/173 33) of the higher classification if assignment is for a period of time less than one (1) month, or 2 At the monthly equivalent of the higher classification if the assignment is for a period of time greater than or equal to one month B Any bargaining unit employee who is temporarily assigned by their division manager to perform at least fifty percent (50%) of a higher non-represented position's duties, for a time period consisting of seven (7) consecutive days (inclusive of work and non-work days) shall be eligible to receive acting pay The following is provided as a general guideline for acting pay compensation The decision for specific placement of compensation will be at the discretion of the Department Director, with approval of the Employee Services Director or Page 24 (P 1LaboAUNIONWFSCME12001 Neg4AF 2001 Contract Final doc) 08/02/01 Director of Operations At no time will acting pay exceed the top step of the salary range for the position being filled 1 One Month or Less For acting pay assignments of one month or less, compensation may be based on a ten percent (10%) base pay increase above the employee's current salary level for the position being temporarily filled 2 Longer than One Month For acting pay assignments of more than one month to a maximum of one year, compensation may be placed between A and E salary level for the position being temporarily filled with a minimum of ten percent (10%) Increase above the employee's base position salary When an employee is assigned a Department Directors position duties, acting pay may be placed within the higher salary range with a minimum of ten percent (10%) Increase above the employee's base position salary The Director of Operations or his/her designee must approve all Department Director acting assignments and compensation 3 During an acting assignment, Management Benefit and Longevity Pay shall not be included or changed from that of the employee's base position The employee's salary review dates will also be maintained In accordance with the employee's base position 4 Upon return of the incumbent to his/her base position, the temporary acting pay will be discontinued immediately 5 Employees are not obligated to accept acting assignments into a non- AFSCME position C Corrections —The City agrees to compensate employees assigned by competent authority to positions of higher authority and responsibility Assignment shall be limited to the positions of Corrections Sergeant and Corrections Lieutenant Assignment to Corrections Lieutenant shall be in accordance with Section 15 6(B) Employees must be assigned to Acting Corrections Sergeant for a minimum of two (2) hours before additional compensation will be paid During shift overlap periods, Acting Corrections Sergeant will be appointed only if neither shift has a Corrections Sergeant on duty, and then only one Acting Sergeant will be appointed In order to qualify to act as a Corrections Sergeant, an officer must meet the minimum qualifications of the Corrections Sergeant (24/12 months of service) Page 25 (P 1LaborIUNI0NSAFSCME12001 Neg1AF 2001 Contract Final doc) 08/02/01 D Police Support—The City agrees to compensate members of the bargaining unit assigned by competent authority to positions of higher authority and responsibility For purposes of this Subsection, assignment shall be limited • in the Records Unit, to the classifications of Records Supervisor and Records Specialist, • in the Kent Corrections Facility, to the Administrative Assistant 1, and • in the Police administration, to the classification of Administrative Assistant 1 Whenever an employee is assigned to a higher classification as described above, the employee will be compensated at the rate of the higher classification for all hours worked out of classification Police administration, or their designee, must make formal temporary assignments to the position of higher classification before provisions of this section apply naming person placed in the temporary classification and the length of time the employee will be in the temporary assignment Appointments to the position of Records Supervisor will be made whenever the regular supervisor is absent provided, 1. There are two or more employees working, 2. There would normally be a supervisor working the affected shift, and 3 The Support Services Manager or another member of the police administration does not assume the responsibilities of the supervisor E Longevity pay shall not be included or changed from that of the employee's base salary Acting pay shall be included in overtime calculations F Acting pay assignments shall be communicated in writing by the Department Director or Division Manager to the affected employee Section 15.8 — Corrections Premium Pay/Assignment Premium pay of five percent (5%) above base wage shall be granted to employees while they are actively functioning as Field Training Officers in the Corrections Division of the Police Department ARTICLE 16 — EMERGENCY CONDITIONS In the event of a natural disaster or inclement weather resulting in emergency conditions, the following provision shall apply Employees who are unable to travel safely to work or who, with supervisory authorization, request to leave before the end of their shift, shall be required to use Page 26 (P\Labor\UNI0N\AFSCMEl2001 Neg\AF 2001 Contract Final doc) 08/02/01 annual leave, compensatory time, or leave without pay to cover all hours away from work ARTICLE 17 — HOLIDAYS Section 17.1 — Holidays Observed A The following holidays shall be paid holidays for all employees covered by this Agreement New Year's Day 1st Day of January Martin Luther King's Birthday 3rd Monday of January President's Day 3rd Monday of February Memorial Day Last Monday In May Independence Day 4th Day of July Labor Day 1st Monday in September Veteran's Day 11th Day of November Thanksgiving Day 4tn Thursday of November Day After Thanksgiving Dar after Thanksgiving Christmas Day 25t Day of December Floating Holiday Scheduled with Management Approval Other holidays as proclaimed by the Mayor and/or City Council Effective January 1, 2002, one (1) additional floating holiday shall be added for a total of two (2) floating holidays per year B Holidays Observed Shift Personnel For the purpose of this article, shift personnel shall be defined as those who are required to work rotating shifts in 24-hour operations and those whose regular work shifts include weekends For these shift personnel, holidays shall be observed on the actual holidays However, Memorial Day shall be observed on the last Monday In May as outlined above Non-Shift Personnel For all non-shift personnel, holidays shall be observed on the days outlined above However, for dates when the above holidays fall on Saturday, the preceding Friday will be observed When a holiday falls on Sunday, the following Monday will be observed, Section 17.2 — Holiday Leave Bank The following provisions of the holiday leave bank shall be applicable to all employees of the bargaining unit Page 27 (P 1LaborIUNI0NIAFSCME12001 NegVAF 2001 Contract Final doc) 06102101 A Eligibility To be eligible for holiday leave pay, an employee must be paid on the City's payroll the day preceding and the day following an observed holiday as specified in Section 17 1 An employee on leave of absence without pay is not eligible for holiday pay New Hires Employees working less than a full calendar year will receive such holiday hours in a proportion equal to the number of holidays occurring during the calendar year while the employee is working for the City on a regular basis The floating holiday will only be awarded to new hires, who have completed four (4) continuous months of service Termination Employees terminating during the year will be paid eight (8) hours for each holiday occurring up to the date of termination (including their floating holiday), minus all holiday hours already withdrawn from the bank that year Deductions, if any, will be made from the employee's final paycheck B Accruals Regular Full Time employees of the bargaining unit shall be entitled to 88 hours in 2001 and 96 hours (effective January 1, 2002) of holiday pay during each year The 88 or 96 hours shall be placed in a holiday bank for each employee on January 1st of each year Regular Part-time employees of the bargaining unit shall accrue holiday hours based on their actual hours compensated and shall participate in the holiday bank Identified above on a prorated basis Initial bank hours shall be established based on budgeted hours and shall be adjusted to reflect compensated hours on the following month C Holidays Not Worked Employees who do not work on holidays as listed in Section 17 1 shall withdraw either eight(8) hours or the equivalent of their normal work shifts from their holiday banks to cover their holidays off If the employees have exhausted their holiday leave banks, they may draw from their vacation or compensatory time banks to cover holiday time off However, if the holiday falls on a day the employee is regularly not scheduled to work (normal day off), the employee will take the day off as scheduled The employee shall have full discretion as to whether to bank the holiday hours for cash out or to reschedule the day off at another time With management approval, the employee may take the holiday off the day before or the day after Page 28 (P 1LaborIUNIONIAFSCM02001 NegtAF 2001 Contract Final doc) 08/02/01 the holiday, or to take the holiday off at a later date in the above withdrawal manner The employee will submit a leave request form when requesting to use a rescheduled holiday D Holidays Worked All employees who work, with management approval, on the holidays listed in Section 17 1 shall be compensated at the rate of one and one-half (1-1/2) times the regular base pay for all hours worked However, employees who work Thanksgiving or Christmas shall be compensated at the rate of two (2) times the regular base pay for all hours worked There shall be no pyramiding of overtime Full shift Employees who, with management approval, work their full shift on one of the holidays listed in Section 17 1 shall be compensated at the appropriate rate for all hours worked as specified above They will not draw from their holiday bank for the day worked All holiday hours not used will be banked for later use, with management approval, or for cash out Partial shift Employees who work, with management approval, part of their shift on one of the holidays listed in Section 17 1 shall be compensated at the appropriate rate for all hours worked as specified above They shall also draw from their holiday leave bank any hours needed to make up the full shift Hours not drawn to cover holiday time off will be banked for later use, with management approval, or for cash out Police Corrections and Support personnel Shifts which are eligible for holiday compensation for hours worked are only those shifts which begin work within the twenty-four (24) hour period considered to be holidays in Section 17 1 However, employees who work swing or grave shifts on Christmas Eve shall also be compensated at the rate of time and one-half(1-1/2). Additional time off at a later date shall not be provided to employees who work Christmas Eve Corrections Officers If the decision is made to go to minimum staffing on a designated holiday, the least senior employee on the affected shift will be required to take the holiday off if no other employee on that shift volunteers Police Support Employees whose schedule would ordinarily include Martin Luther King Day, President's Day and/or Veteran's Day shall be given the option of working their regular shift on said Holiday(s) Employees who elect to work the holiday must notify Police Administration in writing fourteen (14) calendar days before the holiday of their intent to work. Employees in classifications requiring them to work their scheduled shift, shall not be given this option These Page 29 (P\Labor\UNION\AFSCME\2001 Neg\AF 2001 Contrail Final doc) 08102/01 shift personnel shall have the option of submitting a written request for the above holiday(s) off with fourteen (14) calendar days notice Management shall have final authorization for the requested day(s) off All other provisions of the Holiday Leave Bank shall apply E Holiday Use Restrictions It shall be understood between the parties that schedules shall not be adjusted in order to avoid overtime compensation or to allow employees to pool hours in their holiday bank It Is also understood that holiday hours may only be withdrawn for purposes of receiving compensation for holidays on which the employee does not work, including time taken pursuant to Section 17 2(C) F Cash Out Holiday hours not used will be bought back by the City at the end of the year at the same time as the December 5t paycheck (on a separate check) Employees must submit their written requests to their department director no later than November 20`" of each year It is the employees' responsibility to ensure that they have adequate holiday leave in their banks to cover the remaining holidays In the calendar year Employees may reserve up to thirty (30) holiday hours to cover the remaining holidays in the year All holiday hours not Cashed out on December 5th or used by December 315t will be carried over to the next year, ARTICLE 18 — ANNUAL LEAVE Section 18.1 —Annual Leave Accrual Regular full time bargaining unit members shall receive annual leave benefits in accordance with the following schedule COMPLETION OF ANNUAL VACATION HOURS 1-4 years 96 hours 5-9 years 120 hours 10-12 years 144 hours 13-16 years 152 hours 17-19 years 168 hours 20-24 years 176 hours 25 years and thereafter 184 hours Regular part-time bargaining unit members' annual leave accrual shall be pro-rated based on the regular full time schedule In accordance with the percent of full time compensated Page 30 (P 1LaborWNIOMAFSCMV2001 Neg1AF 2001 Contract Final doc) 08/02/01 Section 18.2 — Maximum Leave Accrual Employees can maintain 240 hours of annual leave. Employees may exceed the 240 hour threshold during a calendar year, but shall be at or below this limit as of December 31 of each year Compensatory and Holiday accumulation and use is considered separate from annual leave accrual and use The City will allow scheduling of annual leave so as to maximize the opportunity for employees to utilize annual leave so they may comply with the 240 hour accrual limit Section 18.3 — Scheduling Annual Leave Annual leave shall be granted to the employees at the time of the employees' choosing provided the departmental work schedule would not be adversely effected A Non-Civil Service Annual leave schedule conflicts over three (3) months in advance shall be governed by seniority If the same conflict over the same leave time occurs in a following year, the less senior employee shall receive the leave Annual leave scheduling of less than three (3) months notice shall be on a first come basis B Civil Service If two or more employees request annual leave for the same dates, and it is not feasible to allow those employees to take leave during the same period, then preference shall be granted on the basis of seniority, provided the employees submitted their requests between January 1 and January 31 of the affected year Requests submitted after January 31 will be recognized by date and not subject to seniority Requests submitted prior to January 1 will be superseded by those requests which are submitted between January 1 and January 31 Annual leave scheduling for personnel shall not be contingent upon leave scheduling for personnel from other bargaining units ARTICLE 19 — SICK LEAVE Section 19.1 — Sick Leave Accrual Regular full-time employees will accrue eight (8) hours of sick leave for each continuous month of service Regular part-time employees' sick leave accrual will be pro-rated based upon the total hours compensated each month. Page 31 (P 1Labor\UNIONIAFSCME12001 Neg\AF 2001 Contract Final doc) 08/02/01 Sick leave is accrued according to completed months of continuous service with the City This is calculated from the date of employment (hire date) or rehire, whichever is later Employees' monthly sick leave credits will be posted on the first day of each month following the month of accrual For regular part-time employees, adjustments in sick leave credits will be made the month following the month worked Sick leave must be accrued before it can be used, The maximum number of accumulated sick leave hours at any given time is 1040 Section 19.2 — Use of Sick Leave Accumulated sick leave credits may be used for the following purposes only: A Illness or injury of an employee This includes leave taken for treatment through the Employee Assistance Program B Illness or injury of a member of the employee's immediate family, as provided by either State or Federal law C Illness or injury of a member of the employee's immediate family, as defined in Article 21 of this agreement, who permanently reside in the same household, and where the employee's presence is considered necessary D Death in family/funeral leave Sick leave maybe used to cover time away from work as a result of a death in the employee's immediate family or to attend a funeral, as set forth in Article 21 of this agreement A maximum of ten (10) days in excess of funeral leave may be allowed for death in the immediate family E Medical or dental appointments for the employee or a member of the employee's immediate family, as defined in Article 21, which cannot be scheduled at times other than during working hours F Disability of the employee due to pregnancy and/or childbirth Section 19.3— Prompt Notification Employees incapacitated by illness or injury shall notify their immediate supervisor within one (1) hour of their scheduled starting time, barring extenuating circumstances Failure to do so may result in loss of paid sick leave for that day During periods of extended illness, employees shall keep their supervisors informed as to their progress and potential date of return to work Section 19.4 — Sick Leave Abuse Abuse of sick leave shall be grounds for discipline An employee's ability to work regularly and as scheduled is a requirement for continued employment The City has the right to take corrective action to deal with abuse of sick leave Page 32 (P\Labor\UNION\AFSCMEt2001 Neg1AF 2001 Contract Final doo) 08102/01 Section 19.5 — Conditions Not Covered Employees shall not be eligible for sick leave when A Suspended or on leave without pay and when laid off or on other non-pay status, B Off work on a holiday unless regularly scheduled to work the holiday, or C While on vacation, unless the employee submits a doctor's certification of Illness or injury of the employee or an Immediate family member The certification must state the full nature of the Illness or injury Section 19.6 — Physician's Statement Employees who are absent four (4) or more 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 This section is not intended to require physician's statements for all absences of four (4) days or more A physician's statement may also be required by a supervisor for absences less than four (4) consecutive days where sick leave abuse is suspected and has been previously discussed with the employee and the employee has received written documentation of the discussion Section 19.7 — Wellness Program The City agrees to maintain a wellness program to educate and encourage healthy lifestyles among bargaining unit members and allow participation during normal working hours where such participation does not adversely affect the operation of the department Section 19.8 — Sick Leave Incentive Program In order to provide an incentive for using sick leave only as necessary, members of the unit shall be entitled to incentive pay for maintaining their sick leave balance at the following levels Sick Leave Hours Amount of Cash Incentive 0 - 239 No Incentive 240 - 479 8 hours base pay 480 - 719 16 hours base pay 720 - 959 24 hours base pay 960 + 32 hours base pay Incentive pay would be granted In January of the following year For purposes of determining eligibility to receive incentive pay an employee must have maintained the 240+, 480+, 720+, or 960+ hour accrual for the entire preceding calendar year If an Page 33 (P 1Labor\UNI0NWFSCME\2001 Neg1AF 2001 Contract Final doc) 08/02/01 employee falls below one of the designated accrual levels they will not be eligible for the corresponding Incentive pay ARTICLE 20 —JURY DUTY AND COURT APPEARANCES Section 20.1 — Jury Duty and Court Appearances Leaves of absence will be granted to those who are compelled to attend court as a result of their employment with the City (unless the employee is litigating with the City) or being called to serve jury duty Those employees who are subpoenaed as independent witnesses for cases in which they are not a party in the action will also be granted leave of absence Eligible employees will be compensated by the City during their period of service Employees who are required to appear in court for personal matters are not eligible under this article and must request annual leave or leave without pay Full time employees will receive full compensation while on approved leave for their period of services Part-time employees with benefits on approved leave will receive compensation for hours they would have "normally" worked Upon receiving the sum paid for jury service, or witness fee, the employee shall submit the warrant, or its equivalent to the City for City compensated court leave Compensation received for such service during hours normally worked must be assigned to the City of Kent Section 20.2 —Job-Related Court Appearance In the event that job-related 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 The City will make every effort to notify employees who are placed on a potential witness list Such appearances outside of the regular duty schedule shall be compensated for as follows A Shift Other than Grave Employees will receive pay at the overtime rate for court appearance time outside of regular duty hours, provided, however, each employee required to report for court appearances shall receive a minimum of three (3) hours pay at the overtime rate, for separate court appearances in accordance with Section C below Court appearances which are consecutively annexed to the beginning or end of an employee's regular duty shift shall be treated as regular overtime B Grave Shift Page 34 (P 1LaboWNIONIAFSCMEV001 NegtAF 2001 Contract Final doc) 08/02/01 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 their regular duty shift shall receive a minimum of four (4) hours pay at the overtime rate, for separate court appearances in accordance with Section C below Court appearances which are consecutively annexed to the beginning or end of an employee's regular duty shift shall be treated as regular overtime and shall not be subject to the provisions of (A) and (B) above C Pyramiding Pyramiding of court appearances is prohibited There will be a maximum of one (1) minimum guarantee in the morning and one (1) minimum guarantee in the afternoon Continuance of a morning appearance into the afternoon shall not constitute a separate court appearance D Standby Time for Court Appearance Employees who are required by the court or the City 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 City and have a starting time and ending time ARTICLE 21 — BEREAVEMENT LEAVE Section 21.1 — Use of Bereavement Leave Members of the bargaining unit shall receive three (3) days bereavement pay for death In the immediate family For purposes of making necessary arrangements, etc said days are not required to be consecutive, but must be used within fourteen (14) calendar days Section 21.2 — Immediate Family Immediate family shall be defined as spouse or significant other and shall include employee's or spouse's parents, siblings, children (foster also), grandparents, and grandchildren Other members or non-members of the employee's family could be considered immediate family as a result of special circumstances (example an aunt or uncle with whom an employee lived, where such a person could have been regarded as a substitute parent) An employee must ask for an exception ruling in order to receive bereavement leave for persons classified in this category Such request must explain the relationship of the person(s) Involved, either as family or nonfamily members Page 35 (P 1Labor\UNI0MAFSCME2001 Neg�AF 2001 Contract Final doc) 08/02/01 Section 21.3 — Use of Sick Leave to Supplement Bereavement Leave In the event that the time required for Immediately family bereavement leave is in excess of the allowed leave, sick leave maybe taken A maximum often (10) days sick leave may be granted by the department director or Employee Services Director for this purpose Distance, travel time or other factors will be considered to determine the number of days to be granted Members of the bargaining unit may use up to one (1) day of sick leave for the time needed to attend the funeral for death of aunts, uncles, nieces, nephews, cousins and close friends If additional time is needed other available leave may be utilized (compensatory time or vacation) subject to approval of the department director or Employee Services Director ARTICLE 22 — PENSION Pension for employees and contributions to Public Employees' Retirement System (PERS) will be governed by Washington State Statute, however this shall not limit improvements to the retirement benefits by the City and/or the State of Washington ARTICLE 23 —WORKERS' COMPENSATION PROGRAM Employees injured on-duty and who quality for workers' compensation shall be entitled to such benefits through the City's self-funded program as determined by statute The City will continue medical/dental, life, and LTD 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 on the date when the employee returns to active employment, or six (6) months from the on- set of the disability ARTICLE 24— INSURANCE Section 24.1 — Medical/Dental Plans Coverage will be available for all regular full time and regular part-time employees (21+ hours per week and 20+ hours per week for lob shares) and their eligible dependents The plan(s) offered are. 1 *City's self-Insured health insurance program administered by Premera Blue Cross, and 2 Group Health Cooperative (HMO), includes co-pays and V S P Vision plan Page 36 (P 1Labor\UNI0NVIFSCMEt2001 Neg\AF 2001 Contract Final doc) 08/02/01 However, the City reserves the right to change carriers based upon comparable benefits and cost-effectiveness of such a change 'Effective August 1, 2001, the cost containment features proposed from the 2000 Health Care Committee meetings shall be implemented Section 24.2 — Employee Contribution-Medical/Dental Coverage Eligible employees shall have dependent coverage available Employees shall have the option to insure dependents under alternative plans offered, subject to the terms and conditions imposed by the carrier The following premium rates shall apply for medical/dental coverage unless otherwise established pursuant to this agreement Premera Group Employee Contributions Blue Cross Health Employee Only $0 00 $0 00 Employee/Spouse $15 00 $25 00 Employee/Child $10 00 $15 00 Employee/Spouse/Child $25 00 $65 00 The following premium rates shall apply for dependent medical/dental coverage effective January 1, 2002 Premera Group Employee Contributions Blue Cross Health Employee Only $0 00 $0 00 Employee/Spouse $27 00 $25 00 Employee/Children $23 00 $15 00 Employee/Spouse/Children $44 00 $65 00 If for any reason, Non-represented employees pay a lower dependent premium than outlined above, all members of this bargaining unit shall be covered by the lower dependent premium schedule Furthermore, should there be any premium decrease, the corresponding decrease shall first be taken from the premium contribution increases cited above Section 24.3 — Retirement Benefits The Union and the City agree to work in the Labor/Management process to see if a program can be developed where employees will have the opportunity to receive some sort of assistance in securing medical benefits at retirement The purpose of this process will be to attempt to obtain a mechanism whereas employees are not Page 37 (P 1LaborSUNI0NtAFSCME12001 Neg1AF 2001 Contract Final doc) 08/02/01 continuing employment, when retirement-eligible, solely for the ability to maintain medical benefits Section 24.4— Health Care Committee The parties agree that the Union's participation on the City's Health Care Committee has been mutually beneficial The parties agree to meet and develop a letter of understanding that describes the purpose of the Committee and the parameters under which the Committee operates Furthermore, the parties recognize that there must be representation and participation by all Unions on the Committee Section 24.5 — Life Insurance The City shall pay the entire premium of double indemnity life Insurance coverage for each eligible employee in the bargaining unit The City will determine the manner in which Insurance coverage is secured The amount of life insurance shall be equal to one times the employee's annual base salary to a maximum of$50,000 and a minimum of $25,000 Section 24.6 — Long Term Disability Insurance (LTD) The City shall pay the entire premium of a long term disability plan for each eligible employee in the bargaining unit unless the employee chooses to self-pay the premium through payroll deduction Such decisions regarding premium payment may only be made annually during the open enrollment period The LTD plan shall provide for coverage with a 90 day elimination period, which pays at 66 67% of the first $6,000 of monthly base salary and pays to age 65 for eligible employees The City will determine the manner in which insurance coverage is secured For employees who have not previously been covered by the above LTD plan, coverage will become effective the first of the month following the signing of this contract ARTICLE 25 — EDUCATION, SEMINARS AND CONFERENCES Section 25.1 — Reimbursement for Trainina Seminars/Conferences Employees will be granted reasonable amounts of time off and full financial reimbursement for attending training programs/seminars/conferences whenever such training is work related and attendance has prior approval of the City Employees who conduct authorized, official City business or participate in conferences as official representatives of the City while outside the City shall be reimbursed for authorized expenses and paid their regular wages for participation Page 38 (P\Labor\UNION\AFSCMD2001 Neg\AF 2001 Contract Final doc) 08/02/01 Section 25.2 — Special Licenses and Certificates The employer shall pay the applicable fees for obtaining or renewing special licenses or certificates, if such is required, or to be maintained as a condition of employment with the City No employee shall suffer a loss due to time needed during the work day to obtain special licenses or certificates, required as a condition of employment with the City of Kent However, employees shall not be compensated for time spent studying for such licenses or certifications Section 25.3 — Education —General The City recognizes the need to encourage and promote educational opportunities for employees, subject to budgetary limitations The City will reimburse personnel for costs incurred in receiving approved education upon satisfactory completion of such education Eligible costs include 1 Tuition and class registration, 2 Books, and 3 Associated fees (i e , lab fees, parking fees, materials) If an employee is attending an accredited State institution, the employee shall be reimbursed based upon that institution's tuition schedule If an employee is attending a non-State supported institution, the employee shall be reimbursed on the basis of the University of Washington tuition schedule. Section 25.4— Reimbursement Requests The employee must submit a written request to the Department Head. The request should include 1 Course list and content, 2 Reason for taking the course and its relatedness to Department business, and 3 Appropriate cost Once the education reimbursement request is approved by the Department Head, the cost will be included in the budget, subject to budget mandates Once approved by the Department Head, the department will make a good faith effort to have the budget approved by the Council Interim changes shall be considered by the Department Head and acted on only if budget is available Page 39 (P 1Labor\UNI0NWFSCME2001 NegW,F 2001 Contract Final doc) 08/02/01 Section 25.5 — Class Attendance Employees who wish to attend classes offered by schools, colleges, universities, or other training organizations must do so during their off-hours If the job related courses are not offered during off-hours, an employee may be granted time off with pay while attending such courses 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 Section 25.6 — Reimbursement for Training If reimbursement is available through outside grant funds, or any other potential source, then reimbursement shall be through that source (G I benefits and student loans shall not be considered outside funds for purposes of this section ) 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 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 Employees requesting reimbursement must submit the request, with documentation, within thirty (30) calendar days following successful completion of the approved course(s) Requests not received within thirty (30) days will not be considered for reimbursement, unless good cause is shown ARTICLE 26 — LABOR MANAGEMENT MEETINGS The City and the Union agree that a need exists for closer cooperation between labor and management, and that from time to time suggestions and complaints of a general nature affecting the Union and the City need consideration To accomplish this end, the City and the Union agree that Labor-Management meetings shall be conducted for that purpose Said meetings shall occur as needed and agreed to by both parties for the purpose of discussing and facilitating the resolution of problems which may arise between the parties other than those for which another procedure is provided by law or by other provisions of this Agreement Meetings may be suspended by agreement of both parties Page 40 (P TaboAUNIOMMSCME12001 Neg\AF 2001 Contract Final doc) 08/02/01 ARTICLE 27 — HEALTH AND SAFETY Section 27.1 — Working Conditions All work shall be done in a competent and professional manner, and in accordance with State, Federal and City Safety Codes and with ordinances and rules relating to this subject It shall not be considered a violation of this Agreement if any employee refuses to work with unsafe equipment, or when the facilities and services are not being maintained in a reasonably sanitary condition If an employee has justifiable reason to believe that his/her safety and health are in danger due to an alleged unsafe working condition, or alleged unsafe equipment, he/she shall inform his/her manager who shall have the responsibility to determine what action, if any, should be taken, including whether or not the job should be shut down A grievance involving an alleged violation of this Article may be submitted directly to Step 2 of the grievance procedure and a grievance hearing shall be promptly scheduled Section 27.2 — Uniforms and Safety Gear The City shall provide uniforms for those employees who are required to wear them as part of their employment as follows. Public Education Specialists Purchase two (2) pair slacks, three (3) uniform shirts and one (1) skirt (altered as necessary) Fire Mechanics Purchase five (5) uniforms and lease eleven (11) coveralls, Fire Department approved costs as needed Custodians, Custodial Leads, Custodial Supervisor, Printing Technician, Production Assistant and Courier Rentipurchase and launder eleven (11) shirts, eleven (11) pants, three (3) jackets Purchased uniforms shall be laundered by the employee at his/her expense In addition, any excessive damage to purchased uniforms will be repaired or replaced at the City's expense Employees in positions that require wearing W 1 S H A approved safety boots will be reimbursed for two (2) pairs per year up to a maximum for each pair of 2001 - $170 00 + tax, and 2002 - $180 00 + tax Page 41 (P 1Labor\UNIOWAFSCME52001 NegW 2001 Contract Final doe) 08/02/01 The City will provide the following safety and foul weather gear for those positions requiring such gear pursuant to City, State or Federal standards Hard Hats Rubber Boots Rain Gear Safety Glasses Reflective Vests Hearing Protection In addition to the outlined equipment set forth above, the City agrees to provide at City's expense the minimum safety equipment required under W I S H A for affected employees The City shall provide an annual replacement clothing allowance for uniforms for employees in Records Specialist, Records Supervisor, and Data Entry Specialist positions in Police, as follows $350 00, based on a receipt and reimbursement method New employees will be provided a $350 00 start-up uniform allowance (said start-up maybe in the form of an advance check less applicable deductions, at the employee's option) The maintenance, alteration and cleaning of such uniforms shall be the responsibility of the employee Section 27.3 — Personal Tools Mechanics in the Fire Department are required to provide their own tools The City shall replace any lost, stolen, worn-out, or damaged tools Section 27.4 — Miscellaneous Provisions The City shall pay the auto insurance deductible, if any, incurred by an employee who is involved in an automobile accident while driving his/her personal automobile on City business, where such accident is not the fault of the employee and the employee is not cited ARTICLE 28 — NON-DISCRIMINATION The City and the Union agree not to discriminate against any employee for exercising his or her legal rights to organize and bargain collectively under the Public Employees Collective Bargaining Act (R C W Chapter 41,56) The City and the Union further agree that there shall be no discrimination against any employee because of membership or non-membership in the Union, or other employee organization, gender, race, color, creed, religion, age, national origin, sexual orientation, marital status, physical, mental or sensory disability or imperfection, provided that it does not interfere with bona fide Page 42 (P 1LaborIUNIONIAFSCME12001 NegW 2001 Contract Final doc) 08/02/01 occupational qualifications Furthermore, it is mutually agreed that there shall be no discrimination based on applicable State or Federal laws It is mutually agreed that there shall be no sexual harassment Employees who feel they have been discriminated against or sexually harassed shall be encouraged to use the grievance procedure set forth under this Agreement, as well as, appropriate City policy 2 1 3 ARTICLE 29 — MILITARY LEAVE Any employee who is a member of the Washington National Guard or of any Federal Military Reserve unit shall be granted paid military leave of absence from his or her duties with the City for a period of time not to exceed a cumulative of fifteen (15) working days during each calendar year while engaging in the performance of officially ordered active training duty and while going to or returning from such duty Employees may also request time off for other related officially ordered military duty Paid military leave of absence days shall be determined on the basis of the number of working days the employee is absent from work Employees working a non-traditional schedule shall continue such schedule during the period of leave Military leave shall be in addition to any vacation or compensatory time to which the employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges, pay, or seniority During the period of military leave, the employee shall be compensated, for each day of leave granted, an amount not to exceed the equivalent compensation earned by that employee over their work period Employees who are required to participate in training programs or active duty must submit a copy of his/her military orders attached to a Leave Request form to the Employee Services office, via his/her supervisor The notification must be submitted at least two (2) weeks prior to his/her reporting date, unless not reasonably practical ARTICLE 30 — PRIORITY OF STATE AND CITY LAWS/SAVINGS CLAUSE It is understood and agreed by and between the parties that in negotiations and collective bargaining and in the administration of all matters covered by this Agreement, the parties hereto and the City employees are governed by the provisions of applicable Federal laws, State laws, and City Ordinances If there is a conflict between any provision of this Agreement and Federal and State law, the appropriate law shall prevail If any article of the Agreement or any addendum hereto should be held invalid by operation of law, including any amendment to the Fair Labor Standards Act (F L S A ), Page 43 (P 1Labor1UNl0N1AFSCME12001 Neg1AF 2001 Contract Final doc) O8/02/01 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 addendum 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 ARTICLE 31 — SMOKE FREE WORKPLACE The Union agrees that in order to create a healthy work environment, to protect the public and to reduce overall risks, the City has established a No Smoking Policy ARTICLE 32 —ALCOHOL OR DRUGS IN THE WORKPLACE Section 32.1 — Drug Free Workplace The City and Union agree that the City of Kent shall be a drug free work place (including work sites outside the City limits) The use of alcohol and/or illegal drugs during working hours, or reporting for work under the influence of either is strictly prohibited and grounds for disciplinary action It is expected that an employee will seek appropriate medical help for alcoholism, and/or chemical dependency through the Employee Assistance Program Section 32.2 — Drug and Alcohol Testing All members of the bargaining unit shall comply with City Policy#2 25 — Substance Abuse, subject to the provisions of this Collective Bargaining Agreement and specifically the provisions of this Article Random testing, however, shall only apply to those employees required to carry a commercial driver's license (CDL) as a condition of employment Section 32.3 — Informing Employees About Drug and Alcohol Testing All employees shall be fully informed of this drug and alcohol testing policy Employees will be provided with information concerning the impact of the use of alcohol and drugs on job performance In addition, the City shall inform the employees on how the tests are conducted, what the tests can determine and the consequence of testing positive for drug use No employee shall be tested before this information is provided to him/her Employees who voluntarily come forward and ask for assistance to deal with a drug or alcohol problem shall not be disciplined by the City The City encourages employees to seek treatment for drug and alcohol abuse voluntarily To encourage employees to do so, the City makes available the Employee Assistance Program (E A P ) Any employee who notifies the City of alcohol or Page 44 (P\Labor\UNIONWFSCME12001 NegWF 2001 Contract Final doc) 08/02/01 chemical abuse problems will be given assistance offered to employees with any other Illness As with other illnesses, the City may grant sick leave, vacation leave or leaves of absence without pay for treatment and rehabilitation of drug and alcohol abuse Any decision to voluntarily seek help through the Employee Assistance Program, or privately, will not interfere with an employee's continued employment or eligibility for promotional opportunities Information regarding an employee's participation in the Employee Assistance Program will be maintained in confidence Section 32.4— Employee Testing Unless otherwise required by federal law, employees shall not be subject to random urine testing or blood testing or other similar or related tests for the purpose of discovering possible drug or alcohol abuse If the City has reasonable suspicion to believe an employee's work performance is impaired due to drug or alcohol use, the City may require the employee to undergo a drug and/or alcohol test consistent with the conditions set forth in this article Reasonable suspicion for the purposes of this article is defined as follows the Clty's determination that reasonable suspicion exists shall be based on specific articulated observations concerning the appearance, behavior, speech or body odors of an employee and shall Include, as a minimum, a written report documenting objective, measurable changes in the employee's work performance due to unauthorized drug or alcohol use by two (2) observers who have adequate opportunity to observe these changes Section 32.5 —Alcohol Testing A breathalyzer or similar equipment shall be used to screen for alcohol use, and if positive, shall be confirmed by a blood alcohol test performed by a qualified laboratory This screening test shall be performed by an individual property qualified to perform the tests utilizing appropriate equipment An initial positive alcohol level shall be 0 04 grams per 210 L of breath If initial testing results are negative (below 0 04 grams per 210 L of breath), testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's files Only specimens identified as positive on the initial test shall be confirmed using a blood alcohol level A positive blood alcohol level shall be 0 04 grams per 100 ml of blood If confirmatory testing results are negative (below 0 04 grams per 100 ml of blood), all samples shall be destroyed and records of testing expunged from the employee's files Section 32.6 — Testing Program Costs The City shall pay for all costs involving City required drug and alcohol testing as well as the expenses associated with the Medical Review Physician The City shall also Page 45 (P 1LaborSUNI0N\AF5CME12001 Neg1AF 2001 Contract Final doc) 08/02/01 reimburse each employee for their time and expenses Including travel Incurred Involving the testing procedure only Section 32.7 — Rehabilitation Proaram Any employee who tests positive shall be medically evaluated, counseled and treated for rehabilitation as recommended by the E A P counselor In the event the employee disagrees with the treatment recommended by the E A P counselor, the employee may choose to obtain a second opinion from a qualified physician of his/her choice Employees who complete a rehabilitation program may be re-tested for one (1) year following completion of a rehabilitation program An employee may voluntarily enter rehabilitation without a requirement or prior testing Employees who enter the program on their own shall not be subject by the City to random re-testing Employees will be allowed to use their accrued and earned leave for the necessary time off involved in the rehabilitation program If an employee tests positive during the one (1) year period following completion of rehabilitation, the employee will be re-evaluated by an E A P counselor to determine if the employee requires additional counseling and/or treatment The employee may be solely responsible for any costs, not covered by medical benefits/insurance, which arise from this additional counseling or treatment Section 32.8 — Duty Assignment After Treatment If the duty assignment for an employee is modified or changed as a result of a rehabilitation program, then after an employee successfully completes his/her rehabilitation program, the employee shall be returned to the regular duty assignment held prior to the rehabilitation program Once treatment and follow-up care is completed, and one (1) year has passed with no further violations of this article, the employee's personnel and medical files shall be purged of any reference to his/her drug problem or alcohol problem Section 32.9 — Right of Appeal The employee has the right to challenge the result of the drug or alcohol test and any discipline imposed in the same manner that he/she may grieve any other City action Section 32.10 — Union Held Harmless This drug and alcohol testing program was initiated at the request of the City The City assumes the sole responsibility for the administration of this Article and shall be solely liable for any legal obligations and costs arising out of the provisions and/or application of this collective bargaining agreement relating to drug and alcohol testing The Union Page 46 (P\Labor\UNI0N1AFSCME\2001 Neg\AF 2001 Contract Final doc) 08J02101 shall be held harmless for the violation of any worker rights arising from the administration of the drug and alcohol testing program ARTICLE 33 —JOB ROTATION Temporary vacancies which occur and are determined by the City to be appropriate for job rotation, shall be posted for all Bargaining Unit employees The employee(s) filling the job rotation position shall be compensated at the level of pay for that position commencing immediately The employee selected for job rotation shall be notified of the start date and termination date of such rotation ARTICLE 34 — JOB SHARE Job share is a form of work in which two people share the responsibilities of one full time position Job share eligibility is determined by the Department Director and Employee Services Director at the request of the incumbent employee The job share team Is comprised of the primary employee (the incumbent who held the full time position before the job share arrangement was approved) and the secondary employee (the person selected to fill the remaining portion of the position) All job share opportunities shall be posted and filled in accordance with Article 3, Section 3 7 — Posltlon Vacancies Job share applicants must possess the required skills, knowledge, and ability, as well as the education and experience requirements reflected in the position description Both salary and benefits of the shared position shall be pro-rated based on hours of work Benefits may be divided unequally in accordance with the employees' request and upon the approval of the Employee Services Director and the Union Job shares are intended to be relatively cost neutral as compared to one employee holding the position Scheduling of the job share workweek shall be left to the discretion of the immediate supervisor and/or job share employees Approval of any schedule and schedule changes must be granted by the Department Director, or designee All job share agreements shall be reduced to writing and signed by the City and the Union Job share employees of 50% or more of the position shall be eligible for health care benefits and job share employees of less than 50% shall not be eligible for health care benefits Job share situations involving two employees eligible for health care benefits shall have the health care benefits shared The basis for this sharing of health care benefits shall be on a total benefit cost for Insuring a full family The corresponding dollar amount shall be split between the employees, based on a mutually agreeable division, and used individually for each employee's selected health care premiums Job share employees shall be considered regular part-time employees for all reasons not specifically addressed In this Article Page 47 (P\Labor\U NION\AFSCME\2001 Neg\AF 2001 Contract Final doc) 08/02/01 The first three months of the job share shall be considered an evaluation period In which the Department Director, or designee, and job share partners shall evaluate the lob share arrangement Any of the parties may terminate the lob share arrangement during this evaluation period In the event the lob share is terminated during the evaluation period, the employee who does not fill the full time position shall have bumping/reversion rights to their previously held position prior to the job share arrangement in accordance with Article 3, Section 3 3 of this Agreement After the evaluation period, job share arrangements may be terminated at any time at the request of the Department Director, or designee, or either employee In the event the lob share arrangement is terminated, the primary employee shall have first right of refusal to resume full time status If the primary employee decides not to resume full time, the secondary employee shall have the right to fill the full time position Whichever employee does not fill the full time position shall be considered laid off and shall be afforded all rights of the Layoff provisions except bumping rights ARTICLE 35 —VOLUNTEERS AND INTERNS The City and the Union agree that volunteer and Intern programs (including work release) can be mutually beneficial to the City, employees and citizens of Kent The parties recognize that such programs provide a sense of community involvement and require a commitment of time and service on behalf of the volunteer and intern To that end, the City is committed to working in partnership with the Union to build successful volunteer and intern programs The use of volunteers and interns will not supplant bargaining unit positions No bargaining unit member shall be laid off as a result of volunteer and intern programs. The use of volunteers shall not result in a loss of overtime opportunities for bargaining unit members Successful volunteer and intern programs require leadership and coordination with employees. Any such opportunities may be made available to the bargaining unit employee(s) so affected In addition, said bargaining unit member shall receive appropriate compensation for performing these duties The City and the Union will meet in a labor-management forum and come to mutual agreement prior to implementing any new volunteer and intern programs ARTICLE 36 — CIVIL SERVICE SHIFT BIDDING Section 36.1 — Police Support Shift Bidding A. Work assignments for Records Specialists, Data Entry Specialists and Record Supervisors shall be determined by a bid system based on seniority in those Page 48 (P%LaborIUNIOMHFSCME52001 NegWF 2001 Contrad Final doc) 08102/01 positions with the Kent Police Department Except that, in the case of an employee who had a reduction in rank or class, the employee's seniority shall include time spent in the higher rank(s) or class(es) Work assignment, as it relates to the bid process, means a specific set of work days and work hours (Example Work Assignment No 1 = Monday, Tuesday, Wednesday and Thursday from 0700 to 1700 hours ) The City has the sole discretion to determine the days and hours of work assignments as they pertain to the bid process B The parties mutually agree to continue the four-month bid cycle. Those assignments shall commence the first Sunday in September, January and May C During their probationary period, Records Supervisors, Records Specialists and Data Entry Specialists may be placed in work assignments based on training needs Every third bid cycle, priority for work assignment preference shall be reversed so that the least senior personnel shall receive priority for work assignment preference D The bid processes for each cycle shall occur according to the following schedule Bids for the cycle shall begin with Records Supervisors bidding two (2) weeks prior to the Records Specialists and Data Entry Specialists The Records Specialists and Data Entry Specialists will bid between the second and third Wednesdays two (2) months preceding the cycle The schedule based on the outcome of the bidding process will be posted within two (2) weeks Individuals unable to report for work by the start of a new cycle will not participate in the bidding process for that cycle and shall be assigned by the City to a work assignment for that specific cycle. E No early or late work assignment preference bids shall be accepted F The Employer reserves the right to bar individuals from bidding where required by business necessity G The City's management rights under this Bargaining Agreement remain in full force and effect Section 36.2 —Corrections Position Bidding Subsection 36.2.1 - Shift Assignments A Shift assignments for Corrections Officers and Corrections Sergeants shall be determined by a bid system based on tenure in those positions with the City of Kent Corrections Facility Page 49 (P\Labor%UNl0NIAFSCME12001 Neg1AF 2001 Contract Final doc) 08/02/01 B Corrections Officers tenure shall be determined from the date of hire with the City of Kent Corrections Facility Tenure for Sergeants shall be determined by the time in grade as a regularly appointed Sergeant at the City of Kent Corrections Facility During the initial probationary period of employment, Corrections Officers are not eligible to bid for shift/days off assignments C Bids and assignments shall be made every four (4) months The cycle for bids/assignments shall be implemented on the first Sunday of January, effective with the commencement of the day shift, the first Sunday in May, effecting with the commencement of day shift, and the first Sunday in September, with the commencement of day shift All assignments shall remain in effect until the next bid cycle unless it is determined by the City that the Corrections Officer or Sergeant will be reassigned to a non-bid assignment during that period of time D For Corrections Officers and Corrections Sergeants The first and second bid process shall give priority to the most senior personnel for shift/days off preference The third process shall result in a reversal of selection, giving first choice in shift/days off preference to least senior personnel E The bid process shall occur as scheduled Individuals unable to participate in a bidding process shall be assigned by the City to a shift for that specific cycle F The City shall determine who is eligible to bid, however, ineligibility will be documented in writing and provided to the affected Corrections Officer or Sergeant G The City may be required to limit the number of positions available for bid to ensure that a male and female officer are scheduled for each of the 21 shifts H The City's management rights under this Bargaining Agreement remain in full force and effect Subsection 36 2 2 - Bid/Assignment Process The following provisions shall control the process of bidding and assignment in accordance with the above guidelines A Shift/days off preference shall be selected by the affected employee during the established bidding period B No early or late shift preference bids shall be accepted Page 50 (P 1Labor1UN10N1AF5C1V1E\2001 Neg1AF 2001 Contract Final doc) 08/02/01 C Vacant positions that occur after the bid deadline shall be filled by Corrections Officers or Sergeants, as applicable Those assignments shall continue until the next cycle D Assignments of all individuals shall be determined by the City E The position schedule that will be used will be posted in the Administration office The affected employee will report to the Administration Office to make their selection Once the selection is chosen, there will be no changing of their selection F Corrections Officers will be able to bid for positions that may include two of their previous days off Sergeants shall not be limited in their bid based on previous days off G Employees shall complete their bid selection within 24 hours from initial notification of their individual bid choices The following provisions shall be in addition to the process of bidding and assignment in accordance with the above guidelines when there are six (6) sergeants bidding in the cycle, A The attached and appropriate rotation utilizing six (6) sergeants shall be used for the bidding B If the bid cycle is for rotation 1 or 2, the parties agree to utilize the Labor/Management process to develop the shift options available for those rotations C If sixteen (16) Corrections Officers are bidding during the process, all positions shall be available D If fifteen (15) Corrections Officers are bidding during the process, the City may select to freeze either one (1) Grave or one (1) Swing shift The actual position to be frozen shall be the 5th option of the affected shift, once four (4) options have been chosen in the affected shift (i,e if a Swing shift is to be frozen, once 4 swing shift options have been selected, the remaining swing shift option shall be frozen) Exceptions to this may be any position adjustments needed to reserve position(s) to ensure male/female officer ratios E If fourteen (14) Corrections Officers are bidding during the process, the City may select to freeze one (1) Grave and one (1) Swing shift The actual position to be frozen shall be as outlined above Page 51 (P 1LaboAUNIONIAFSCME12001 Neg1AF 2001 Contract Final doc) 08/02/01 F If thirteen (13) Corrections Officers are bidding during the process, the City may select to freeze one (1) Grave and one (1) Swing shift In addition, the City may select to freeze one (1) additional Grave or Swing shift This results in a potential of three (3) frozen positions The actual positions to be frozen shall be as outlined above The shift having two (2) frozen positions shall have the frozen positions be the two positions remaining after three (3) have been chosen Exceptions to this may be any position adjustments needed to reserve position(s) to ensure male/female officer ratios G If less than thirteen (13) Corrections Officers are on staff to bid during a bid cycle, both parties agree to reopen this section of the contract to discuss the impacts of shortage of staffing and work schedules Subsection 36 2 3 — Corrections Bid Cycle Corrections Officers work four (4) months with assigned shift and days off 1 First Cycle — Schedule commences on the first Sunday in January with day shift and position bidding commences as follows- September 1 —6 Sgt 's position bid is open September 7 —28 CO's position bid is open September 29 Final schedule is posted 2 Second Cycle — Commences on the first Sunday in May with day shift and position bidding commences as follows February 1 —6 Sgt's position bid open February 7 —28 CO's position bid is open March 1 Final schedule posted 3 Third Cycle — Commences on the first Sunday in September with day shift and position bidding commences as follows June 1 —6 Sgt 's position bid open June 7 —28 CO's position bid is open June29 Final schedule posted ARTICLE 37 — ENTIRE AGREEMENT The agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statements shall add to or supersede any of its provisions Page 52 (P 1Labor\UNI0NWFSCME12001 NegWF 2001 Contract Final doc) 08/02/01 The parties agree that this Agreement is their complete Agreement and that all agreements between the parties are merged Into this Agreement No issues negotiated by this Agreement are subject to mandatory negotiation during the term of this Agreement, but they may be modified by mutual agreement in writing This agreement constitutes the negotiated agreement between the City and the Union and supersedes any previous agreements or undertakings, whether oral or written, between the parties or between the City and included employees ARTICLE 38 — DURATION This Agreement shall become effective on January 1, 2001 and shall remain in full force and effect through December 31, 2003 Page 53 (P\Labor\UNION\AFSCME\2001 NegW 2001 Contract Final doc) 08/02/01 SIGNATURES Signed this �� day of , 2001, at Kent, Washington. CITY OF KENT WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES UNION, LOCAL #2617 BY V �/ Ji orhite BY 1/1yI., Rob M. Sprague Staff Representative BY Stie Viseth Employee Services Director B�` 8 7119 1OI Debra Leroy President BY a jnn" Anh Hoang Labor Relations Manager BY Marvin Bartlemay Vice President Approved as to form- BY /l vwk r /vl 6" roger Lubovich City Attorney Attest by Q y Clerk Page 54 APPENDIX A - SCHEDULE "A" EMPLOYEE CLASSIFICATION PAY RANGE Financial Services Supervisor AF 32 Sr Financial Analyst AF 34 Financial Analyst AF 30 Sr Accounting Technician AF 27 Accounting Technician AF 25 Customer Services Representative AF 22 Accounting Services Asst III AF 22 (Police Accounting Assistants) Accounting Services Asst II AF 18 Accounting Services Asst I AF 14 Customer Services Courier AF 15 Administrative Services Supervisor ** AF 32 Administrative Assistant II AF 27 Administrative Assistant I AF 23 (Police Administrative Assistants) Administrative Secretary II AF 23 Administrative Secretary I AF 20 Legal Secretary I AF 20 Police Office Technician AF 21 Office Technician III AF 20 Office Technician II AF 16 Office Technician I AF 12 Deputy City Clerk AF 25 Word Processing/Record Specialist AF 21 Contract Specialist AF 27 Facilities Specialist AF 25 Multimedia Lead AF 27 Multimedia Specialist AF 25 Video Technician AF 22 Graphics Arts Specialist AF 20 Printing Technician AF 20 Production Assistant AF 12 Assistant Building Official AF 39 Plans Examiner AF 37 Combination Building Inspector AF 33 Page 1 (P 1LaborIUNI0NSAFSCME12001 Neg1AF 2001 Contract Final doc) 08/02/01 Code Enforcement Officer** AF 33 Development Permit Technician AF 27 Program Coord — Emergency Mgmt AF 32 Public Education Specialist AF 27 Support Services Specialist AF 24 Community Services Specialist AF 21 Property Analyst AF 32 Property Management Technician AF 27 Fire Equipment Maint Supervisor AF 37 Fire Apparatus Mechanic AF 33 Custodial Supervisor AF 30 Custodial Lead " AF 20 Custodian * and ** AF 13 Research & Development Analyst AF 30 Police Specialist Supervisor *** AF 29 Police Records Specialist ** AF 22 Police Data Entry Specialist AF 17 Police Word Processing Technician AF 17 Evidence Technician Supervisor ** AF 32 Evidence Technician ** AF 25 Evidence Custodian AF 23 Corrections Sergeant *** AF 32 Corrections Officer ** AF 25 * For incumbents hired in the classifications of Custodian and Custodial Lead on or prior to September 15, 1998, the City shall grandfather their salaries at the salary range of AF15 and AF27 They will continue to be eligible for COLA's and step increases Employees hired or promoted into these classifications after September 15, 1998 shall be paid at the salary range above ** For incumbents in positions that have been identified for pay increases, they will be moved to the new salary range at their current step effective January 1, 2001 *** For incumbents in positions that have been identified for pay increases in positions in which there is a flat rate of pay, they will be moved to the new salary range at the E step effective January 1, 2001 Page 2 (P\LabortUNI0NWFSCMEt2001 Neg1AF 2001 Contract Final doc) 08/02/01 APPENDIX B POLICE DEPARTMENT INTERNAL INVESTIGATIVE PROCEDURES 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 regulations 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 for just cause Section 1 - Employee Rights In an effort to ensure that internal 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 following protection A Every employee who becomes the subject of an internal investigation shall be advised in writing at the time of the interview that they are suspected of 1 Committing a criminal offense, 2 Misconduct that would be grounds for termination, suspension, or other disciplinary action, or 3 Not being qualified for continued employment with the Kent Police Department B Any employee who becomes the subject of a criminal investigation shall have all rights accorded by the state and federal constitutions and Washington law, C The employee under investigation must, at the time of an interview, be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview D Twenty-four (24) hours before any interview commences, the employee shall be informed, in writing, of the nature of the investigation, and whether the employee is considered a witness or suspect at that stage of the investigation, including the information Who is the complainant or the victim, what reportedly took place, when it happened, where it happened Page 1 (P 4Labor\UNI0NIAFSCME12001 Neg1AF 2001 Contract Final doc) 08/02/01 E The Interview of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigency of the interview dictates otherwise Whenever practical, Interviews shall be scheduled during the normal workday of the City F At the cost of the requesting party and in accordance with Washington State Law, R C W 9 73, the employee or City may request that an Investigative interview be recorded, either mechanically or by a stenographer There can be no "off-the-record" questions Upon request, the employee under an 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 G Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of improper Intimidation or coercion Twenty-four (24) hours prior to all Investigative interviews, the employee shall be afforded an opportunity and facilities to contact and consult with his or her Union representative, and to be represented by the Union representative to the extent permitted by law The employee shall be entitled to such reasonable Intermissions as the employee shall request for personal necessities, meals, telephone calls, consultation with his/her representative, and rest periods H No employee shall be required to submit to a polygraph test or to answer questions for which the employee might otherwise properly invoke the protection of constitutional amendment against self-incrimination Nor shall the 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 apply to either the initial application for employment, or to persons in the field of public law enforcement who are seeking promotion I Should any section, subsection, paragraph, sentence, clause or phrase in this article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this article The Union recognizes the Administration's effort to improve procedures involving complaints against its members Upon request of either the Union or Police Administration, an annual review meeting of the procedures will be held to ensure they are accomplishing their goals Page 2 (P\Labor\UNION\AFSCME\2001 Neg\AF 2001 Contract Final doc) 08/02/01 Section 2 - Psychological Evaluations The purpose of this Section is to balance the interest of the Employer in obtaining a psychological evaluation of an employee to determine the employee's fitness for duty and the interest of the employee in having those examinations being conducted 1 In the least intrusive manner as possible, and 2 in a manner as to protect the employee's right to privacy A Conditions Under Which Evaluations Will Take Place 1 No evaluation will take place without there being a reasonable suspicion to believe that an employee is psychologically unfit to perform the job If the Employer has facts which provide reasonable suspicion that an employee may be psychologically unfit for duty, the Employer will bring those facts to the attention of a doctor chosen by it from a list of doctors previously agreed to by the Employer and the Union (In the event the City and the Union do not reach agreement on an appropriate list, the City may select a doctor of its choosing ) 2 Any relevant medical history of the employee which the examining doctor requests shall be released by the employee to the examining doctor B Results of the Evaluation The doctor will issue a written report to the Employer and the employee The only information which the doctor may disclose shall be whether the employee is fit or unfit for duty or requires modified work conditions, and the prognosis for recovery Additionally, where the cause of the unfitness is duty-related, the doctor shall disclose that cause If the doctor believes the employee is fit for duty but needs modified work conditions, the doctor will indicate what modifications are necessary and the extent or duration projected of the modification The doctor will keep all data that has been made available to him or her confidential and not release it to any of the parties except the employee Modified work conditions may include light duty assignments C Definition As used in this section, "doctor" refers to a psychologist or psychiatrist Page 3 (P 1abor\UN1ON1AFSCME12001 Neg\AF 2001 Contract Final doe) 08/02/01 Rotation 1 -5 Sergeants Day Off Staff Sun Mon Tue Wed Thu Fri Sat C/Sgt 1 D D D D C/Sgt 2 D S % ' D D C/Sgt 3 S S S S C/Sgt 4 S G G G C/Sgt 5 Gffl G G G C/Ofc 1 D D D D C/Ofc 2 D D D D C/Ofo 3 D D D D C/Ofc 4 D sg� D D D C/Ofc 5 D D ,> � D D C/Ofc 6 s D D D D C/Ofc 7 S S Sf S C/Ofc 8 S S S S C/Ofc 9 S S S S ClOfc 10 S S S S C/Ofc 11 ., S S S S C/Ofc 12 G G G G C/Ofc 13 G G G G C/Ofc 14 G G G G C/Ofc 15 G N G G G s �r<,3�, C/Ofc 16 G G f r1'. a G G Rotation 2 -5 Sergeants Day Off Staff Sun Mon Tue Wed Thu Fri Sat C/Sgt 1 D D D D C/Sgt 2 D D D S C/Sgt 3 S S S S C/Sgt 4 G G S G ClSgt 5 G G G G ClOfc 1 D D D D C/Ofc 2 D D D r D C/Ofc 3 D D D D C/Ofc 4 D D D D C/Ofo 5 1 1 D D D D C/Ofc 6 D D D D C/Ofc 7 S S S S C/Ofc 8 S � S S S C/Ofc 9 S Fg� S S 1 S C/Ofc 10 � S S S S C/Ofc 11 S S S S C/Ofc 12 G G G G C/Ofc 131 G I G Gu G C/Ofc 14 G G w G G C/Ofc 15 G G G G C/Ofc 16 `�$ - G G G G Rotation 3 -5 Sergeants Day Off Staff Sun Mon Tue Wed Thu Fri Sat C/S t 1 D ME ME,i D D D C/S t 2 ME D D D S C/S t 3 S S El 5 S S C/S t 4 IM EM. S G G G O/S t 5 G G G G C/Ofc 1 D D D D C/Ofc 2 D D D D C/Ofc 3 D D D D C/Ofc 4 D D D D C/Ofc 5 D D D D C/Ofc 6 . , D D D D C/Ofc 7 S S S ,dgMES C/Ofc 8 S S S S C/Ofc 9 S S S S C/Ofc 10 S S S S im C/Ofc 11 S S S S C/Ofc 12 G G a G G C/Ofc 13 G G G G C/Ofc 14 G G G G C/Ofc 15 G G G G C/Ofc 116 G G G G Rotation 4- 5 Sergeants _ = Day Off Staff Sun Mon Tue Wed Thu Fri Sat C/Sgt 11 D D D C/Sgt 2 D D S D C/Sgt 3 S S S S C/Sgt 4 S G G G C/Sgt 5 G G G G C/Ofc 1 D D D D C/Ofc 2 D D D D C/Ofc 3 D D D D C/Ofc 4 D D D D C/Ofc 5 D D D D C/Ofc 6 D D D D C/Ofc 7 S S S S C/Ofc 8 S S S S C/Ofc 9 S S S S C/Ofc 10 S PG S S C/Ofc 11 S S S S C/Ofc 12 G G G G C/Ofc 13 G G G C/Ofc 14 G G G G C/Ofc 15 G G G G C/Ofc 16 G G G G Rotation 5-5 Sergeants _ Day Off Staff Sun Mon Tue Wed Thu Fri Sat C/Sgt 1 D D D D C/Sgt 2 S D D D C/Sgt 3 S S S S C/Sgt 4 G G G S C/Sgt 5 G G G G C/Ofc 1 r D D D D C/Ofc 2 D D D D C/Ofc 3 D D D D C/Ofc 4 D D D D C/Ofc 5 D D D D C/Ofc 6 D D D D C/Ofc 7 S S S S C/Ofc S S S S S C/Ofc 9 S S S S C/Ofc 10 S S S S C/Ofc 11 S S S S C/Ofc 12 G G G G C/Ofc 13 G G G G C/Ofc 14 G G G G C/Ofc 15 — IIIIIIIIG G G G C/Ofc 16 G G G G Rotation 3-6 Sergeants Bid �= Day Off Staff Sun I Mon Tue Wed Thu Fn Sat C/S t 1 D D D D C/S t 2 D D D D C/S t 3 S S S S C/S t 4 S S S S C/S t 5 G G G G C/S t 6 G G G G C/Ofc 1 D D D D C/Ofc 2 D D D D C/Ofc 3 D D D D C/Ofc 4 D D D!I D C/Ofc 5 D D D D C/Ofc 6 D D D D C/Ofc 7 S S S S C/Ofc 8 S S S S C/Ofc 9 S S S S C/Ofc 10 S S S S C/Ofc 11 S S S S C/Ofc 12 G G G G C/Ofc 13 G G G G C/Ofc 14 G G G G G/Ofc 15 G G G G C/Ofc 16 G I G G G Rotation 4 - 6 Sergeants Bid -= Day Off Staff site Sunigs Thu Fn Sat C/S t 1 D C/S t 2 DD D D C!S t 3 C/s t 4 Ss S s C/S t 5 C/S t 6 GG G G C/Ofc 1 t D_j D I D I D C/Ofc 2 D D D D C/Ofc 3 D D D D C/Ofc 4 D D D D C/Ofc 5 D D D D C/Ofc 6 D D D D C/Ofc 7 S S S S C/Ofc 8 S S S s C/Ofc 9 s S S S C/Ofc 101 S I S S S C/Ofc ill S I S S S C/Ofc 12 G G G G C/Ofc 13 G G G G C/Ofc 14 G G G G C/Ofc 151 G I G G G ClOfc 1161—G G G G Rotation 5-6 Ser eants Bid �= Day Off Staff JsItl Sun I Mon Tue Wed Thu Fri Sat C/S t 1 D D D D C/S t 2 D D D D C/S t 3 S S S S C/S t 4 S S S S C/S t 5 G G G G C/S t 6 G G G G C/Ofc 1 D D D D C/Ofc 2 D D D D C/Ofc 31 D I D D D C/Ofc 4 D D D D C/Ofc 151 D I D D D C/Ofc 113iG D D D D C/Ofc S S S S C/Ofc S S S S C/Ofc S S S S ClOfc S S S S C/Ofc S S S S C/Ofc G G G G C/Ofc G G G C/Ofc 141 G I G G G C/Ofc 15 G G G G C/Ofc 16 G G G I G