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HomeMy WebLinkAboutCAG2003-0522 - Original - Teamsters Local Union #117 - 2003-2005 Collective Bargaining Agreement - 01/01/2003 ecords M eme �••� KENT Document WASHINGTGM RECEIVED CONTRACT COVER SHEET MAR 0 5 2003 4UMAN E30CES This is to be completed by the Contract Manager prior to submission to City Clerkir,%Wp portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: Vendor Number: JD Edwards Number Contract Number: This is assigned by Mary Simmons /� 1 Description: T� OAA4 sl 1 Q CZilnn lto r_� .,LIGI L 11-7 La ' _ _ (�u,�^f�D IU Detail: Z O& j 6>QA ally-.g 0'1Aor0Id1sQ E�2Y6UinnIAlf otyoar� Project Name: Contract Effective Date: 0) ) r) i )o Termination Date: f Z1_2�)1C?,S Contract Renewal Notice (Days): t� I A Number of days required notice for termination or renewal or amendment Contract Manager: OI AIlI rl � 100A I Q Department: qn 4 t l� A stract: S Public\RecordsManagement\forms\ConiractCover\ADCL7832 07/02 CITY OF KENT and TEAMSTERS LOCAL UNION #117, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS JANUARY 1, 2003 - DECEMBER 31, 2005 C\TEMP\TM 2003 Contract doc TABLE OF CONTENTS PREAMBLE...................................................................................................................1 ARTICLE 1 - RECOGNITION AND BARGAINING UNIT..............................................1 SECTION 1 1 UNION RECOGNITION 1 SECTION 1 2 EXCLUDED EMPLOYEES 1 SECTION 1 3 DISPUTE RESOLUTION . 2 ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION ..................................2 SECTION 2 1 MANDATORY OPTIONS- UNION MEMBERSHIP 2 SECTION 2 2 DUES DEDUCTION 2 SECTION 2 3 LIST OF EMPLOYEES FURNISHED BY UNION 3 SECTION 2 4 UNION REFUND TO EMPLOYER 3 ARTICLE 3 - SENIORITY..............................................................................................3 SECTION 3 1 DEFINITION . 3 SECTION 3 2 PROBATIONARY PERIOD 3 SECTION 3 3 SENIORITY CANCELLATION 4 SECTION 3 4 ORDER OF LAYOFF 4 SECTION 3 5 TRANSFER OF SENIORITY 5 ARTICLE 4—TRANSFERS & VACANCIES.................................................................5 SECTION 4 1 TRANSFER TO DIFFERENT POSITION 5 SECTION 4 2 JOB OPENINGS 5 ARTICLE 5 -HOURS OF WORK..................................................................................6 SECTION 5 1 NORMAL WORKWEEK 6 SECTION 5 2 ALTERNATIVE WORK SCHEDULES 6 SECTION 5 3 OVERTIME . 6 SECTION 5 4 COMPENSATORY TIME . 7 SECTION 5 5 SCHEDULE CHANGES- NOTICE . 7 SECTION 5 6 MEALS AND REST PERIODS 7 SECTION 5 7 CALL BACK 8 SECTION 5 8 PHONE CALLS/WORK AT HOME . . 8 SECTION 5 9 MANDATORY STANDBY DUTY . . . . 8 SECTION 5 10 SHIFT DIFFERENTIAL 8 SECTION 5 11 REGULAR STARTING/QUITTING TIME 9 ARTICLE 6 - UNION ACTIVITIES.................................................................................9 SECTION 6 1 BUSINESS REPRESENTATIVES OF THE UNION 9 SECTION 6 2 EMPLOYEE UPHOLDING UNION PRINCIPLES/PERFORMING DUTIES 9 ARTICLE 7 - LABOR - MANAGEMENT COMMITTEE...............................................10 ARTICLE 8 - GRIEVANCE PROCEDURE..................................................................10 SECTION 8 1 GRIEVANCE OR DISPUTE OVER PROVISIONS OF AGREEMENT 10 Page I C\TEMP\TM 2003 Contract doo SECTION 8 2 DISCIPLINARY ACTION BY THE EMPLOYER 11 SECTION 8 3 MEETINGS RELATIVE TO DISCIPLINE 12 ARTICLE 9 -WORK STOPPAGES AND EMPLOYER PROTECTION .....................12 SECTION 9 1 WORK STOPPAGES- DEFINED 12 SECTION 9 2 BACK TO WORK ORDER 12 SECTION 9 3 DISCIPLINARY MEASURES BY EMPLOYER 12 ARTICLE10 - BULLETIN BOARDS...........................................................................12 ARTICLE 11 - SAFETY AND SANITATION................................................................13 SECTION 11 1 COMPLIANCE WITH SAFETY CODES 13 SECTION 11 2 UNSAFE WORK CONDITIONS 13 SECTION 11 3 CHEMICAL APPLICATORS PREMIUM 13 SECTION 11 4 SAFETY COMPLIANCE . . 13 SECTION 11 5 IMMUNIZATIONS 14 ARTICLE 12 - MANAGEMENT RIGHTS.....................................................................14 ARTICLE13 - PAY PERIOD.......................................................................................14 ARTICLE 14 -WAGES, CLASSIFICATIONS AND MINIMUM RATES OF PAY.........15 SECTION 14 1 SALARY PLAN-ADOPTION 15 SECTION 14 2 MINIMUM RATES OF PAY 15 SECTION 14 3 LONGEVITY 15 SECTION 14 4 RECLASSIFICATION 15 SECTION 14 5 ACTING/OUT OF CLASS PAY 15 ARTICLE 15 - HOLIDAYS...........................................................................................16 SECTION 15 1 OBSERVED DATES 16 SECTION 15 2 OVERTIME WORKED ON HOLIDAYS 17 ARTICLE 16 - HEALTH CARE AND LIFE INSURANCE............................................17 SECTION 16 1 MEDICAL/DENTAL COVERAGE 17 SECTION 16 2 EMPLOYEE CONTRIBUTION- DEPENDENT COVERAGE 17 SECTION 16 3 LIFE INSURANCE COVERAGE .. 18 SECTION 16 4 LONG-TERM DISABILITY INSURANCE(LTD) . 18 SECTION 16 5 HEALTH CARE COMMITTEE . 19 ARTICLE 17 - PENSION.............................................................................................19 ARTICLE 18 - WORKERS COMPENSATION PROGRAM.........................................19 ARTICLE 19 -VOLUNTEER PROGRAMS.................................................................19 ARTICLE 20 - EQUAL EMPLOYMENT OPPORTUNITY - NONDISCRIMINATION.20 ARTICLE21 - SICK LEAVE........................................................................................20 Page II C\TEMP\TM 2003 Contract doc SECTION 21 1 ACCRUAL RATE 20 SECTION 212 SICK LEAVE INCENTIVE PROGRAM 21 SECTION 21 3 PHYSICIANS STATEMENT 21 SECTION 214 SICK LEAVE USES 21 SECTION 21 5 PROMPT NOTIFICATION 22 SECTION 21 6 SICK LEAVE ABUSE 22 SECTION 21 7 CONDITIONS NOT COVERED 22 ARTICLE 22 - JURY DUTY.........................................................................................22 ARTICLE 23 - BEREAVEMENT LEAVE.....................................................................23 SECTION 23 1 BEREAVEMENT LEAVE 23 SECTION 23 2 IMMEDIATE FAMILY 23 SECTION 23 3 USE OF LEAVE 23 SECTION 23 4 REQUEST AND APPROVAL . . 24 ARTICLE 24 -VACATIONS........................................................................................24 SECTION 24 1 ACCRUAL RATE 24 SECTION 24 2 SCHEDULING 24 SECTION 243 MAXIMUM ACCUMULATION 25 ARTICLE 25 - EMERGENCY CONDITIONS ..............................................................25 ARTICLE 26 - MILITARY LEAVE ...............................................................................25 ARTICLE 27 - SEVERANCE PAY...............................................................................25 ARTICLE 28 - STANDARD DRESS, TOOLS AND LICENSES..................................25 SECTION 281 UNIFORM ALLOWANCE 25 SECTION 28 2 TOOLS AND EQUIPMENT ALLOWANCE 26 SECTION 28 3 LICENSE/CERTIFICATION REQUIREMENTS 26 ARTICLE 29 - SUBSTANCE ABUSE TESTING.........................................................27 ARTICLE 30 - SAVINGS CLAUSE .............................................................................27 ARTICLE 31 - ENTIRE AGREEMENT........................................................................27 ARTICLE 32 - SUBORDINATION OF AGREEMENT.................................................27 ARTICLE 33 - TERM OF AGREEMENT.....................................................................28 APPENDIX "A" -WAGES...........................................................................................29 APPENDIX "B" - BARGAINING UNIT CLASSIFICATION SCHEDULE.....................30 APPENDIX "C" - TEN-MONTH MAINTENANCE EMPLOYEE...................................31 Page ul C\TEMP\TM 2003 Contract doc Page iv C\TEMP\TM 2003 Contract doc PREAMBLE This Agreement is between the City of Kent (hereinafter called the City) and the Teamsters Local Union #117, affiliated with the International Brotherhood of Teamsters, (hereinafter called the Union) for the purpose of setting forth a mutual understanding of the parties as to conditions of employment for those employees for whom the City recognizes the Union as the collective bargaining representative Furthermore, the City and the Union agree that the efficient and uninterrupted performance of municipal functions is a primary purpose of this Agreement, as well as the establishment of fair and reasonable compensation and working conditions for employees of the City This Agreement has been reached through the process of collective bargaining with the objective of fostering effective cooperation between the City and its employees. Therefore, this Agreement and the procedures which it establishes for the resolution of differences is intended to contribute to the continuation of good employee relations and to be in all respects in the public interest ARTICLE 1 - RECOGNITION AND BARGAINING UNIT Section 1.1 Union Recognition The City hereby recognizes the Union as the exclusive bargaining representative for all regular full-time, regular part-time, and ten-month employees (as described in Appendix C), who work for the City of Kent in the following department/divisions- public works operations, parks maintenance, golf maintenance, facility maintenance, and housing and human services, and finance customer service, and whose positions are allocated to classifications listed on Appendix "B" In addition, the City recognizes the Union as the exclusive bargaining representative for all temporary employees hired to perform Union work who are scheduled to work one- sixth (1/6) of full-time, or three hundred forty seven (347) hours, in a calendar year Temporary employees hired into the 4-month or 8-month categories shall be recognized as bargaining unit members. Such temporary employees shall be provided the opportunity to apply for bargaining unit job opportunities. Temporary employees shall not be afforded access to the grievance procedure until such time as they have served the equivalent of six months of full-time service Section 1.2 Excluded Employees The following employees shall be excluded from the bargaining unit A. Employees hired to work less than one sixth (1/6th) of full-time, or less than three hundred forty seven (347) hours, in a calendar year shall be excluded from the bargaining unit. Page 1 of 37 C\TEMP\TM 2003 Contract doc B Employees who are employed by the City under Federal, State, County or other employment programs which provides funding for such employees Section 1.3 Dispute Resolution Any dispute ansing in the future as to the inclusion or exclusion of a position from the bargaining unit will be presented to the Public Employment Relations Commission (PERC) for determination. ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION Section 2.1 Mandatory Options - Union Membership All employees of the City covered by this Agreement who are members of the Union on or after the effective date of this Agreement shall remain in good standing of the Union Failure to comply with this condition shall, upon the written request of the Union, result in the immediate discharge of the employee. New employees who are employed after the time this Agreement becomes effective shall, not later than thirty(30) calendar days after the commencement of such employment, become and remain members in good standing in the Union. The Employee and the Union agree that the right of non-association of employees based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member shall be protected at all times and such public employees shall pay such sum as is provided in RCW 41.56, "Chapter 59, Laws of 1973" Neither party shall discriminate against any employee or applicant for employment on account of membership in or non-membership in any labor union or other employee organization Section 2.2 Dues Deduction The City agrees to deduct from the paycheck of each employee who has so authorized it, the regular monthly dues uniformly required of members of the Union. The amount shall be deducted semi-monthly and shall be transmitted monthly to the Union on behalf of the employees involved Authorization by the employee shall be on a form approved by the parties hereto and may be revoked by the employee upon request. No portion of the fund collected by the union under this provision shall be used for support of political purposes in Kent. The Union agrees to indemnify and hold the City harmless against any and all claims, suits, orders and other judgements brought or issued against the City as a result of any action taken by the City under the provisions of this Article, unless a dispute arises as a result of an error committed by the City. It shall be a condition of employment that all represented temporary employees as Page 2 of 37 C\TEMP\TM 2003 Contract doc defined in Section 1.1, shall pay to the Union a service fee in the amount of 1 3% of regular gross pay (not-overtime) for all hours of employment This service fee shall be paid in lieu of the membership provisions required of regular employees in the bargaining unit Section 2.3 List of Employees Furnished by Union The Union will furnish to the City before the first day of each month a list of the employees for whom dues shall be withheld Section 2.4 Union Refund to Employer The Union agrees to refund to the City any amounts paid to it in error on account of the check-off provisions upon presentation of proper evidence thereof. ARTICLE 3 - SENIORITY Section 3.1 Definition Seniority shall, for the purpose of longevity pay, be defined as an employee's length of continuous service as a regular employee with the City, less any adjustments for approved leaves of absence without pay. Seniority shall, for the purpose of layoff, be defined as an employee's length of continuous service as a regular employee within the bargaining unit, less any adjustments for approved leaves of absence without pay Seniority shall, for all other purposes of this Agreement, be defined as an employee's length of continuous service as a regular employee within their respective department/division, less any adjustments for approved leaves of absence without pay Section 3.2 Probationary Period A New Hires All regular employees shall serve a new hire probation period of twelve (12) months. New hires shall not accrue seniority until completion of their new hire probation period, at which time, their seniority will be retroactive to the date of employment as regular employees New hires will be eligible for a step increase upon completion of six (6) months of probation provided they receive a satisfactory performance evaluation during their six (6) month performance appraisal. The City reserves its right to hold any employees' step increases until the employees have passed their full twelve (12) month probation period. B. Transferred or Promoted Employees All regular employees who transfer to Page 3 of 37 C\TEMP\TM 2003 Contract doe another division (reports to a different Superintendent) or who are promoted to a higher classification shall be considered special trial employees and must successfully complete a six(6) month special trial period before being permanently appointed to the new position/classification For the purpose of this agreement, special trial employees who are employed as regular non-new hire trial employees (employees who have passed their new hire probation period) shall be considered as and entitled to all benefits of non-trial employees of the bargaining unit If either the special trial employee or the City determines that the employee either does not want to continue in the new position or has failed to demonstrate that he or she can completely and satisfactonly perform the job within the special trial period, the deciding party shall provide written notification to the other party of such decision The employee shall then revert back to his/her former position by providing written notice to the former position's Superintendent C Termination. Probation employees may be terminated without iust cause and without recourse to the grievance procedure Section 3.3 Seniority Cancellation An employee's seniority shall be canceled under any of the following circumstances A The employee resigns, B The employee is discharged; C The employee retires, D The employee is laid off for a continuous period of twelve (12) months or more, E The employee fails to return to work subsequent to and in accordance with the terms of an approved leave, or F The employee fails to return to work from layoff on the date specified by the City in a recall notice delivered to the employee or mailed to the employee's last known address on file with the City, providing such notice grants the employee five (5) working days advance notice to report Section 3.4 Order of Layoff The City shall determine when layoffs are necessary and in which department/division layoffs shall occur In the event of a reduction in the number of positions in the employee's department/division, employees in that division shall be laid off in the reverse order of seniority Both parties agree to work in Labor/Management committee to mutually develop language to address seniority, layoff, personnel reduction and recall within six (6) months of the signing of this agreement Page 4 of 37 C\TEMP\TM 2003 Contact doc Section 3.5 Transfer of Seniority An employee with established seniority who is laid off may transfer his/her seniority to another department within the bargaining unit in which he/she successfully completed probation and worked for twelve months or more To accomplish this, the employee must demonstrate that he/she possesses the appropriate certifications and licenses and can perform the work without additional training. It shall be the responsibility of the employee to maintain such licenses and certifications Requests for transfer must be made to the Employee Services Department in writing within three (3) calendar days of the layoff notice The City will pay the cost of maintaining the required licenses and certifications for the last regular position held in the bargaining unit by the employee Such costs shall include the actual cost of renewing the license or certification and the cost of registration for required training to maintain the license or certification. All other expenses shall be the responsibility of the employee. In addition, the employee must use their own time to attend any required training in order to maintain such licenses and certifications Maintenance of such licenses and certifications by the employee shall be voluntary However, if the employee allows their license or certification to lapse the City shall have no further obligation under this section ARTICLE 4— TRANSFERS & VACANCIES Section 4.1 Transfer to Different Position The City may transfer an employee to a different position at any time either temporarily or permanently In addition, the City may offer lateral transfers to eligible employees within a division (reports to a Superintendent) Where knowledge, skills, abilities, work experience, and performance are equal, as reasonably determined by the City, the position will be awarded on the basis of senionty. Section 4.2 Job Openings If a job opening occurs within the bargaining unit, the City shall first post the position internally for all regular City employees, including Teamsters 8-month and active 4- month employees pnor to posting the lob to outside applicants All openings shall be posted five (5) work days in all work areas, prior to filling any such openings Upon closing a lob posting as described above, the City may establish an eligibility list for each lob opening within a division Such eligibility lists shall be established by classification within a division, i e , Maintenance Work 3, Golf Course The City may Page 5 of 37 C\TEMP\TM 2003 Contract doc hire from an eligibility list for a period not to exceed six (6) months. 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 ARTICLE 5 - HOURS OF WORK Section 5.1 Normal Workweek The normal workweek for full-time employees shall be five (5) consecutive days of not less than eight (8) hours per day exclusive of their meal period. The normal workweek for regular part-time and temporary employees shall be up to eight (8) hours per day and up to forty (40) hours per week exclusive of their meal period Section 5.2 Alternative Work Schedules Alternative work schedules, as mutually agreed by the City and the Union, may be utilized, to include, but not be limited to, 4/10's or 9/80's The details of such alternative work schedules shall be determined through a labor-management committee Section 5.3 Overtime Overtime shall be paid at the rate of one and one-half the employee's regular straight- time hourly rate of pay In computing overtime, the nearest one-quarter(1/4) hour shall be used. All overtime work must be pre-authorized by the employee's Superintendent and/or the division designee Employees are eligible for overtime compensation in accordance with the following: A Regular full time employees may accrue overtime for all authorized hours worked in excess of their regular scheduled workday (minimum of eight (8) hours per workday), or forty (40) hours in a workweek, whichever comes first B Regular part-time employees may accrue overtime for all authorized hours worked in excess of their regular workday (minimum of eight (8) hours per workday), or forty (40) hours in a workweek, whichever comes first. C Temporary employees may accrue overtime for all authorized hours worked in excess of forty(40) hours in a workweek. However, during a week in which there is a City observed holiday, temporary employees who work in excess of their scheduled workday (minimum of eight (8) hours per workday) shall be paid at the overtime rate for the excess hours) worked Page 6 of 37 C\TEMP\TM 2003 Contract doc Section 5.4 Compensatory Time Compensatory time may be requested by members of the bargaining unit in lieu of cash Such compensatory time, if approved by the City, shall be earned at the rate of time and one-half. The amount of compensatory time allowed to be accrued by bargaining unit members may vary by department/division and job classification and shall be determined by the City However, the maximum accrual limit for the employees of the Public Works department shall be one hundred (100) hours Accrued compensatory time off may be used by members of the bargaining unit in not less than one (1) hour increment Employees who wish to take one (1)full shift or less of compensatory time off must receive pre-approval for such leave use from the supervisor Employees who wish to take more than one (1) full shift of compensatory time off must provide a minimum of three (3) working days written notice of their intent to use compensatory time and receive pre-approval from their superintendent for such leave use This notice requirement does not prohibit the superintendent from allowing employees to use compensatory time off with less notice as staffing levels permit The City will make every effort to accommodate requests for use of compensatory time, unless such request would unduly disrupt the employer's operation Employees may request a cash out of their accumulated compensatory time annually by making a written request to their division manager no later than November 15th of each year for payment in December Section 5.5 Schedule Changes - Notice In the event the City decides to change the employee's normal work schedule, the City agrees to provide a seven (7) calendar day notice prior to the effective date of such change, except for emergency situations which make it impractical to give such notice. Schedule changes may also be made with less than seven (7) calendar day notice if such change is mutually agreeable between employee and management. The City will not manipulate work schedules by making short term schedule changes solely for the purpose of avoiding payment of overtime. Section 5.6 Meals and Rest Periods Employees shall receive a fifteen (15) minute rest break during the first four(4) hour period of their workday, and a second fifteen (15) minute rest break during the second four (4) hour period in their workday Employees shall be compensated at their prevailing wage rate for time spent while on rest breaks Rest breaks will generally be taken near the work site where an employee is designated Employees shall be granted an unpaid 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 superintendent and the employee. Management retains the right to Page 7 of 37 C\TEMP\TM 2003 Contract doe determine the rest and meal periods Section 5.7 Call Back Employees who are required to return to work as the result of a call-back shall receive a minimum of three (3) hours pay at the overtime rate for the work for which they are called back, exclusive of travel time If an employee is called back to work after having returned home from a previous call back, an additional three (3) hours work at the overtime rate shall be paid, exclusive of travel time This provision applies only when such call back results in hours worked which are not annexed consecutively to one end or the other of the working day. Employees called back to work on a recognized holiday shall receive three (3) hours pay for each call back, exclusive of travel time. The City reserves the right to retain the employee at the work site on a call back when notified in advance or during an emergency. Section 5.8 Phone CallsMork at Home If an employee, who is not on standby, receives a work related telephone call outside their normal work schedule and is able to resolve the issue without having to return to work they shall be compensated based on the actual time spent resolving the issue rounded to the nearest thirty(30) minute increment, paid at the overtime rate Except that calls received between 8pm to 6am, Monday-Friday, or 8pm to 8am on Saturday or Sunday, or a holiday, shall be rounded to the nearest hour increment Employees on standby who receive a work related telephone call outside their normal work schedule and are able to resolve the issue without having to return to work shall be compensated based on the actual time spent resolving the issue rounded to the nearest fifteen (15) minute increment, paid at the overtime rate. Except that calls received between 8pm to 6am, Monday-Friday, or 8pm to 8am on Saturday or Sunday, or a holiday, shall be rounded to the nearest half hour increment. Section 5.9 Mandatory Standby Dutv The City reserves the right to establish a mandatory standby program. Employees on standby shall be required to carry a pager device and be able to respond immediately to callback situations without restrictions or impairments Employees assigned to mandatory standby shall receive two dollars and sixty cents ($2.60) per hour effective January 1, 2003 Standby periods shall be determined by the City Section 5.10 Shift Differential A shift differential of fifty-five cents ($0 55) per hour will be paid for all hours worked by an employee when a majority of his or her regularly scheduled shift hours occur before 7:30 AM or after 4 00 PM Monday through Friday. Page 8 of 37 C\TEMP\TM 2003 Contract doc I, A shift differential of sixty cents ($0.60) per hour will be paid for all hours worked on Saturday and Sunday Shift premiums will not be paid for any paid time off. Shift differential only applies to regular full time, regular part-time and ten-month employees There shall be no pyramiding of shift differential pay. In exchange for shift differential pay the Union agrees to work with the City in developing alternative work schedules and shifts that provide coverage seven days a week, and for a minimum of 16 hours per day Section 5.11 Regular Starting/Quitting Time All regular employees shall have a regular starting and regular quitting time Any work required by the City to be performed before the regular starting or after the regular quitting time shall be considered overtime so long as the employee is paid at least eight (8) hours during that normal scheduled workday ARTICLE 6 - UNION ACTIVITIES Section 6.1 Business Representatives of the Union The Business Representative of the Union shall be allowed access to all facilities of the City wherein the employees covered under this contract may be working for the purpose of conducting necessary Union business and investigating grievances, provided such representative does not interfere with the normal work processes The Business Representative shall notify the Employee Services department and/or appropriate Department Head or his/her designee prior to visiting City facilities for the purpose of conducting necessary Union business or investigating grievances, except in emergency situations Section 6.2 Employee Upholding Union Principles/Performing Duties The City agrees that the employees covered by this contract shall not be discharged or discriminated against for upholding Union principles or for performing duties authorized by the Union, as long as their activities do not interfere with normal work processes of the City Provided, however, it shall not be a violation of this Agreement or cause for discharge or discipline for any employee to refuse to cross a legal, primary picket line sanctioned by Joint Council of Teamsters No 28 or the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, so long as an employee's refusal to cross such a recognized picket line shall not interfere with the delivery of City services Whenever possible, in the event of a picket line established at a place of business during a labor dispute, the City will make every effort to utilize non- union personnel to cross picket Imes so as not to interfere with the delivery of City Page 9 of 37 C\TEMP\TM 2003 Contract doc services ARTICLE 7 - LABOR - MANAGEMENT COMMITTEE The City and the Union agree continuing cooperation between labor and management is important, and further, from time to time suggestions and complaints of a general nature affecting the Union and the City need consideration. To accomplish this end, the City and the Union agree that duly authorized representatives of the Union shall function as one-half of a Labor-Management Committee, the other half being certain representatives of the City named for that purpose Said Committee shall meet periodically for the purpose of discussing and facilitating the resolution of all problems which may arise between the parties other than those for which another procedure is provided by law or by other provisions of this Agreement ARTICLE 8 - GRIEVANCE PROCEDURE Section 8.1 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 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 a labor-management forum If a resolution is not agreed to, the grievance process shall continue Grievances shall be resolved in the following manner. Failure to follow the time frames set forth below shall constitute waiver of the grievance Step 1 Any Grievance shall be reduced to writing and submitted to the Superintendent or Division Manager by the employee and/or the Union within ten (10) working days of the occurrence of the alleged incident giving rise to such grievance The written grievance shall include a statement of the issue, the section(s) of the agreement allegedly violated, facts of the case and remedy sought. Every effort shall be made to resolve all grievances at this level If resolved, the basis for resolution shall be reduced to writing and signed by the employee Step 2 Grievances not settled within ten (10)working days following Step 1, shall then be presented, in writing, by the Union directly to the Department Director or designee. The Department Director shall submit a decision, in writing, on the grievance within ten (10) working days from the date the grievance was first presented to him/her Copies of the decision shall be provided to the employee or employees requesting the grievance decision If resolved, the basis for resolution shall be reduced to writing and signed by the employee Page 10 of 37 C\TEMP\TM 2003 Contract doc Step 3 Grievances not resolved at step 2, may be presented in writing by the Union to the Employee Services Director, or designee within ten (10)working days of the Step 2 response The Employee Services Director shall submit a written decision on the grievance within ten (10) working days from receipt Step 4 In the event the decision reached by the Employee Services Director is unsatisfactory to the parties presenting the grievance, the grievance may, within ten (10) working days, be submitted to arbitration The Union and the City shall mutually select an arbiter under Federal Mediation and Conciliation Services listing Washington and Oregon Arbiters. A The Arbiter shall render his/her decision based on interpretation and applications of the provisions of this Agreement The decision shall be in writing and copies shall be sent to the City and the Union B The decision of the Arbiter shall be final and binding upon all parties to the grievance, provided the decision does not involve action by the City which is beyond its jurisdiction. C Neither the Arbiter nor any persons involved in the grievance procedure shall have the power to negotiate new agreements or to change any of the present provisions of this Agreement. D. All expenses incurred in the arbitration process shall be borne as follows 1 Expenses incurred by the Union shall be borne by the Union 2 Expenses incurred by the City shall be borne by the City 3 Expenses or fees of the Arbiter shall be borne equally by the Union and the City. Section 8.2 Disciplinary Action by the Employer No employee shall be disciplined, suspended or discharged without just cause It is understood that no disciplinary action by the City shall be considered cause for a grievance unless it is specifically alleged that such represents an incorrect application of the terms of this Agreement In no event shall this Agreement alter or interfere with disciplinary procedures heretofore followed by the City or provided for by City Charter, Ordinance, or law including the procedure for appeals thereof This clause shall not, however, prevent the Union from affording to its members such representation in any other proceedings as it may see fit Page 11 of 37 C\TEMMTM 2003 Contract doc Section 8.3 Meetings Relative to Discipline In the event the Employer requires an employee to attend a meeting for purposes of discussing an incident which may lead to suspension, demotion or termination of that employee, the employee shall be advised of his/her right to be accompanied by a representative of the Union. If the employee desires Union representation in said matter, he/she shall notify the Employer at that time and shall be provided a reasonable time to arrange for Union representation ARTICLE 9 -WORK STOPPAGES AND EMPLOYER PROTECTION Section 9.1 Work Stoppages - Defined The City and the Union agree that the public interest requires efficient and uninterrupted performance of all City services and to this end pledge 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. 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 Section 9.3 Disciplinary Measures by Employer Any employee who commits any act prohibited in this Article will be subject to the following penalties. A Discharge; B Other disciplinary action as may be applicable to such employee. ARTICLE 10 - BULLETIN BOARDS The City shall permit the reasonable use of bulletin boards by the Union for the posting of notices of a non-controversial nature relating to Union business Page 12 of 37 C 1TEMP\TM 2003 Contract doc ARTICLE 11 - SAFETY AND SANITATION Section 11.1 Compliance with Safety Codes All work shall be done in a competent and workmanlike manner, and in accordance with the State of Washington Code and any Federal codes relating to this subject Section 11.2 Unsafe Work Conditions It shall not be considered a violation of this Agreement whereby any employee shall refuse to work with unsafe equipment, or where adequate safeguards are not provided, or when the facilities and services are not being maintained in a reasonable sanitary condition However, the employee shall be responsible to immediately report such alleged unsafe working conditions to his/her supervisor who shall immediately report it to the Superintendent All employees who are assigned to work on lobs or in areas deemed by the City to possibly be dangerous (e g , spraying) shall be required to wear lawfully designated safety devices and/or equipment designated as necessary for their protection. Such devices and equipment will be furnished by the City Refusal or failure of any employee to perform the work assigned, to use, or to wear such devices or equipment shall be grounds for appropriate disciplinary action, up to and including dismissal. Section 11.3 Chemical Applicators Premium All employees required to maintain a Public Pesticide Operator's License in the Maintenance Worker II classification shall receive an hourly premium pay of two dollars ($2 00) per hour for actual time spent spraying Section 11.4 Safety Compliance All employees covered by this collective bargaining agreement are expected to comply with W I.S.H.A (Washington Industrial Safety and Health Act) regulations and City policies and rules related thereto Employees knowingly violating such policies, rules and regulations shall be subject to disciplinary action which may include suspension and discharge No supervisor shall require an employee to go or be in any employment or place of employment, which is not safe according to W 1 S H A. standards. Page 13 of 37 C\TEMP\TM 2003 Contractdoc Section 11.5 Immunizations The City shall provide all full time, regular part-time and 8-month employees in the bargaining unit who have a potential for occupational exposure to bloodborne pathogens with an opportunity to receive vaccination as required by the State law and City Policy ARTICLE 12 - MANAGEMENT RIGHTS Subject only to the limitation expressly stated in this Agreement, the Union recognizes that the City retains the exclusive rights to manage its business including, but not limited to, the right A To determine the methods and means by which its operations are to be carried on, B To direct the work force and to conduct its operations in a safe and effective manner, C To establish reasonable qualifications for employment and to employ employees, D To schedule and assign work; E To establish work and reasonable productivity standards, F To schedule and assign overtime, G To determine the methods, means, organization and number of personnel by which operations are conducted, H To determine whether goods or services are made or purchased; I To determine the utilization of technology, J. To evaluate, promote, transfer, assign and retain employees, K To discipline, suspend and discharge employees for just cause, L To carry out the mission of the City; and M To take whatever actions may be necessary to carry out essential City functions in emergency conditions However, the exercise of any of the above rights shall not conflict with any of the express written provisions of this Agreements ARTICLE 13 - PAY PERIOD Whenever practicable, the City shall pay all regular employees on the fifth (5th) and twentieth (20th) of each month Any employee who is laid off or terminated shall receive all wages due him/her on the next available payday. This article may be reopened by either party during this contract life to negotiate the impacts related to the new JD Edwards Payroll/Human Resources/Finance system implementation Page 14 of 37 C\TEMP\TM 2003 Contract doc ARTICLE 14 -WAGES, CLASSIFICATIONS AND MINIMUM RATES OF PAY Section 14.1 Salary Plan -Adoption It is agreed that the classifications and minimum rates of pay shall be as set forth in the annual budget, and in accordance with the provisions of this Labor Agreement. Salaries by classification shall be in accordance with Appendix "A" of this Agreement Section 14.2 Minimum Rates of Pav Any employee already receiving a higher rate of pay than the minimum set forth in this agreement shall suffer no reduction as a result of this Agreement, and nothing herein shall preclude the payment of a higher rate at the discretion of the City Section 14.3 Longevity The following longevity premium pay shall apply 1 After 5 consecutive years of service - 1% of base pay 2 After 10 consecutive years of service - 2% of base pay 3 After 15 consecutive years of service - 3% of base pay 4 After 20 consecutive years of service - 4% of base pay Section 14.4 Reclassification Reclassification of certain positions may become necessary in order to recognize major changes in functions or responsibilities, or to align salaries within the bargaining unit in order to correct any inconsistencies Employees petitioning for reclassification consideration will be required to complete a position description questionnaire form, which shall then be forwarded to Employee Services During the term of this contract, no reclassifications will be processed by Employee Services. Instead, departments will use the work out of class pay provisions of this agreement However, the City acknowledges the receipt of a reclassification request for Stephen Craigue, Warehouse Assistant. If, through the reclassification process, Mr Craigue's position is reclassified, such reclassification and related pay change(s) shall be effective January 1, 2003 Section 14.5 Acting/Out of Class Pav A Acting pay will be granted when an employee is temporarily assigned in writing by their Superintendent or designee to perform at least fifty percent (50%) of the higher level duties of a higher level vacant position within the bargaining unit Page 15 of 37 C\TEMP\TM 2003 Contract doc Acting pay will not apply for periods less than five (5) consecutive working days and shall not exceed one (1) year Extensions beyond the one (1) year period may be mutually agreed to between the City and the Union B Out of Class pay will be granted when an employee is temporarily assigned in writing by their Superintendent or designee to perform at least fifty percent(50%)of the higher level duties of an existing higher level classification within the bargaining unit Out of class pay will not apply for periods less than five (5) consecutive working days and shall not exceed one (1) year. Extensions beyond the one (1) year period may be mutually agreed to between the City and the Union The employee will be permanently placed in the higher level position after serving twelve (12)consecutive months less any authorized leaves with pay The City reserves its right to cease or reassign the higher level duties at any time due to budgetary restrictions, employee performance or lust cause Employees assigned Acting or to Work out of Class shall be compensated at a rate which represents a ten percent(10%)increase from their base wage, not to exceed the maximum of the higher range to which they have been assigned Employees assigned Acting or Work out of Class to a higher classification of a non-represented position shall be compensated in accordance with City Policy All grievances relating to violations of this section of the contract shall be filed at Step 3 ARTICLE 15 - HOLIDAYS Section 15.1 Observed Dates The following holidays shall be paid holidays for all employees covered by this Agreement Holidays 1 New Year's Day 2 Martin Luther King Day 3 Presidents' Day 4 Memorial Day 5 Independence Day 6 Labor Day 7. Veterans' Day 8 Thanksgiving Day 9 Day after Thanksgiving 10 Christmas Day 11 Two (2) Personal Holidays 12 Other holidays proclaimed by the Mayor or City Council The City shall specify, each year, the date on which the above holidays shall be observed Page 16 of 37 C\TEMP\TM 2003 Contract doc Section 15.2 Overtime Worked on Holidays Employees required to work a full shift on any of the above observed holidays shall receive pay at the overtime rate. In addition, the employee may choose to receive pay for the holiday or to reschedule, with manager or designee's approval, the use of such holiday to the day before or the day after the original observed holiday. If the employee does not request for the holiday to be rescheduled, the employee shall be paid for the holiday All employees required to work on holidays shall receive a minimum of three (3) hours at the employee's overtime rate. ARTICLE 16 - HEALTH CARE AND LIFE INSURANCE Section 16.1 Medical/Dental Coverage The City agrees to provide medical/dental coverage for all regular full-time and regular part-time and Ten-month employees in the bargaining unit Coverage will also be available for eligible dependents The employee shall contribute toward the purchase of dependent coverage in accordance with the provisions of Section 16 2 of this Agreement For the contract period, the following health care plans will be offered to eligible employees. 1. Premera Blue Cross, Enhance PPO Plan to include the cost containment features implemented on January 1, 2001, and 2 Group Health Cooperative (HMO), includes co-pays and VSP vision plan. However, the City reserves to right to change carriers based upon comparable benefits and cost-effectiveness of such a change Section 16.2 Employee Contribution - Dependent 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 dependent medical coverage effective January 1, 2003 to December 31, 2003 Page 17 of 37 C\TEMP\TM 2003 Contract doc EMPLOYEE CONTRIBUTIONS Blue Cross Group Health Employee Only $0. $0 Employee/Spouse 2700 25.00 Employee/Children 23.00 1500 Employee/Spouse/Children 4400 6500 Effective January 1, 2004, employees shall pay seven percent (7%) of the total health care insurance premium paid into the employee's respective health insurance program The following is an example for demonstration purposes only The actual total premium amounts have not yet been determined for 2004 or 2005- Blue Cross City Pays Employee EMPLOYEE COVERAGE Total Premium 93% Pays 7% Employee Only $ 378.00 $ 352.00 $ 26.00 Employee/Spouse 77100 717.00 54.00 Employee/Children 72800 67700 5100 Employee/Spouse/Children 1,11300 1,03500 7800 Group Health City Pays Employee EMPLOYEE COVERAGE Total Premium 93% Pays 7% Employee Only $ 37800 $ 352.00 $ 26 00 Employee/Spouse 75600 70300 5300 Employee/Children 71100 661.00 5000 Employee/Spouse/Children 1,08900 1,013.00 7600 Effective January 1, 2005, employees shall pay ten percent (10%) of the total health care insurance premium paid into the employee's respective health insurance program. If for any reason, Non-represented or AFSCME employees receive a lower dependent premium schedule than outlined above, all members of this bargaining unit shall receive the lower premium schedule Section 16.3 Life Insurance Coverage 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 Section 16.4 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 The LTD plan shall provide for coverage with a ninety (90) day elimination period, which pays at sixty six and two thirds percent (66-2/3%) of Page 18 of 37 C\TEMP\TM 2003 Contract doc the first six thousand dollars ($6,000) of monthly base salary and pays to age sixty five (65) for eligible employees The City will determine the manner in which insurance coverage is secured. Section 16.5 Health Care Committee The Union will designate two representatives to participate in the 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 discuss 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. ARTICLE 17 - PENSION Pension for employees and contributions to Public Employees' Retirement System (PERS) will be governed by Washington State Statute ARTICLE 18 -WORKERS COMPENSATION PROGRAM Employees injured on-duty and qualified for worker's compensation shall be entitled to such benefits through the City's self-funded program as determined by statute and City Policy 6.2 — On-the-Job Injuries and Illnesses. The City will continue medical/dental and life insurance contributions on behalf of the injured employee and dependents, if applicable, as required by State law and City Policy The employee shall be responsible for their portions of these benefit premiums ARTICLE 19 -VOLUNTEER PROGRAMS The parties agree that volunteer programs can be mutually beneficial to the City, employees, and the citizens of Kent. The parties recognize that volunteensm provides a sense of community involvement and requires a commitment of time and service on behalf of the volunteer. Successful volunteer programs require leadership and coordination with employees To that end the City is committed to working in partnership with the Union to build successful volunteer programs. The parties agree that the City shall not layoff employees in the bargaining unit as a result of volunteer programs The use of volunteers shall not result in a loss of existing overtime opportunities for members of the bargaining unit Volunteer programs may require leadership and coordination with City staff. As a result, supervisory or lead opportunities may become available for bargaining unit Page 19 of 37 C\TEMP\TM 2003 Contract doc members as a result of successful volunteer programs The parties agree to meet in a labor-management forum to discuss new volunteer programs or work that is beyond the scope of current volunteer programs Such programs may include, but are not limited to youth programs, King County work training programs, adopt-a-park, adopt-a-street, internships, JobCorp, community service workers, and work release Furthermore, the parties agree that should any concerns arise regarding a specific volunteer project those concerns shall be brought to the City's attention immediately. If the concerns cannot be resolved at that level the Union may, with just cause, request that a specific volunteer project be suspended with 10 days written notice to the City. No new activity on the project will be scheduled until such time as the parties meet in a labor-management forum If the parties are unable to reach agreement on the specific volunteer project the City will cease activity on the project, except that any previously agreed upon scheduled events involving the volunteer project may take place, and no new activity may be scheduled ARTICLE 20 - EQUAL EMPLOYMENT OPPORTUNITY - NONDISCRIMINATION The employer or the Union shall not unlawfully discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of race, color, religion, political affiliation, ancestry, national origin, sexual orientation, marital status, age, sex, gender, Vietnam era Veteran's status, mental, sensory, or physical disability, unless based on a bona fide occupational qualification reasonably necessary to the operations of the City Sexual harassment shall be considered discrimination under this Article Disciplinary action will be taken against employees who engage in any activity under this Article The employer agrees to take corrective action to assure that any such practices are remedied and that such discrimination does not continue. Reprisal against a grievant or witness for a grievant is prohibited The City and the Union, recognizing the need for Equal Employment Opportunities, do mutually agree to be supportive to the City s Equal Employment Opportunity Policy. Wherever words denoting a specific gender are used in the Agreement, they are intended and shall be construed so as to apply equally to either gender. ARTICLE 21 - SICK LEAVE Section 21.1 Accrual Rate 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 Page 20 of 37 C\TEMP\TM 2003 Contract doc hours compensated each month 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' semi-monthly sick leave credits will be posted on the payday following the accrual of such leave 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 one thousand forty (1,040) Section 21.2 Sick Leave Incentive Program In order to provide an incentive for using sick leave only as necessary, members of the bargaining 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 employee falls below one of the designated accrual levels they will not be eligible for the corresponding incentive pay Section 21.3 Physician's Statement Employees who are absent for four (4) or more consecutive days due to illness or injury may be required by their supervisor, upon returning to work, to submit to Employee Services a statement from a physician stating the reason for the absence. Employee Services will provide necessary coordination with or information to the employee's supervisor as needed Section 21.4 Sick Leave Uses Sick leave may be used by the employee for bona fide cases of: - Illness or injury of the employee, which prevents the employee from performing his/her regular duties Page 21 of 37 C\TEMP\TM 2003 Contract doc - Disability of the employee due to pregnancy and/or childbirth - Health care appointments. - Care of family members as allowed by either State or Federal Law - For bereavement/funeral leave as allowed in Article 23 Bereavement Leave Section 21.5 Prompt Notification Employees incapacitated by illness or injury shall personally call and speak to their supervisor within one (1) hour of their scheduled starting time, except where there are extenuating circumstances, or when a physician has verified in writing that the employee will be out for a clearly defined period of time If the supervisor is not available, the employees shall personally call and speak to their Superintendent If the Superintendent is not available, the employees shall call the office receptionist to leave a message for their supervisor/superintendent. Failure to do so may result in loss of paid sick leave for that day During periods of extended illness, employees shall keep the Employee Services Department informed as to their progress and potential date of return to work The Employee Services Department will provide necessary information to or coordination with the employee's supervisor as needed Section 21.6 Sick Leave Abuse Abuse of sick leave shall be grounds for suspension or dismissal. 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 or situations where the employee has prolonged and/or frequent or regular absences, which hinder the performance of the employee's job duties or the efficiency of the department Such corrective action may include medical consultations, physician's statements or disciplinary action including termination Section 21.7 Conditions Not Covered Employees shall not be eligible for sick leave when: - Suspended or on leave without pay and when laid off or on other non-pay status - Off work on a holiday. - While on vacation, unless the employee or an immediate family member is admitted to the hospital. ARTICLE 22 - JURY DUTY Refer to City Policy(Court Appearances) City to pay the difference between jury pay and full salary. Page 22 of 37 C\TEMP\TM 2003 Contract doc ARTICLE 23 - BEREAVEMENT LEAVE Section 23.1 Bereavement Leave Members of the bargaining unit shall receive three (3) days bereavement pay for death in the immediate family Section 23.2 Immediate Family A Immediate family shall be defined as the employee's legal spouse, daughter or son (step also), daughter or son-in-law, mother or father(step also), mother or father-in- law, sister or brother(step also), sister or brother-in-law, grandparents, grandparents-in-law, grandchildren B. Other members or non-members of the employee's family could be considered immediate family as a result of special circumstances (example 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 from Employee Services 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 non-family members. Section 23.3 Use of Leave A In the event that the time required for immediate family bereavement leave is in excess of the three (3) days of bereavement leave, sick leave may be taken A maximum of ten (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 sick days to be granted. B If additional time is needed in addition to the three (3) days of bereavement leave and ten (10) days of sick leave, other available leave may be utilized (compensatory time or annual leave) subject to approval of the department director or Employee Services Director C Attendance at funerals of close friends and other close relatives, who do not meet the definition in Section 23 1, will not qualify for bereavement leave. It will be recognized as sick leave Sick leave may be taken for only the actual time required to attend the funeral, but shall not exceed four(4) hours D Paid time off will not be granted when a funeral occurs during the time an employee is on annual leave, paid sick leave, or a City Holiday Page 23 of 37 C UEMPUM 2003 Contract doc Section 23.4 Request and Approval A Employees shall request funeral leave in writing through their department supervisor and department director for approval B. Final determination shall be made by the Employee Services Director or Chief Administrative Officer regarding the extent to which funeral/sick leave will be granted Distance, travel time and/or other factors will be considered to determine the number of days to be granted. ARTICLE 24 -VACATIONS Section 24.1 Accrual Rate All regular full-time employees will accrue vacation time at the rate outlined below Any employee who leaves employment or is involuntarily terminated within the first six (6) months of employment, will not have accrued any annual leave All regular part-time employees' leave accrual shall be pro-rated based on the percentage of full-time hours compensated each month. Employees of this bargaining unit shall accrue annual leave based on the following schedule: Monthly Annually Years of Employment Hours of leave accrued 1st through 4th year 8 hours 96 hours 5th through 9th year 10 hours 120 hours 10th through 12th year 12 hours 144 hours 13th through 14th year 12 67 hours 152 hours 15th through 16th year 13 33 hours 160 hours 17th through 19th year 14 hours 168 hours 20th through 24"' year 14 67 hours 176 hours 25th year and thereafter 16 hours 192 hours Such vacation accruals will be posted on a semi-monthly basis Section 24.2 Scheduling Whenever possible, vacations will be scheduled for the convenience of the employees involved, subject to work scheduling requirements of the department All vacation leave use must be pre-approved by the employee's Superintendent or designee Page 24 of 37 C\TEMP\TM 2003 Contract doc Section 24.3 Maximum Accumulation The maximum vacation leave an employee may accumulate is two hundred forty(240) hours Employees may exceed the maximum accruals during a calendar year, but shall beat or below the maximum limit as of December 315T of each year Employees may request carry over exceptions in writing to the Employee Services Director, or designee. Such exceptions will be approved on a case-by-case basis and shall not be precedent setting ARTICLE 25 - EMERGENCY CONDITIONS In the event of a natural disaster, threats/acts of terrorism, any declared emergency, 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 annual leave or compensatory time to cover all hours away from work. ARTICLE 26 - MILITARY LEAVE The City and Union agree that members of the bargaining unit, who are members of the Washington National Guard or any Federal Reserve military unit will be entitled to be absent with pay from their duties with the City for periods of time up to a cumulative maximum of fifteen (15) work days (a work day = 8 hours of work) or fifteen (15) consecutive work days during each calendar year ARTICLE 27 - SEVERANCE PAY Full-time employees shall, in the event of a reduction in force, be paid at the time of their separation a sum equal to two (2)weeks pay from which no deductions shall be made except as required by State and Federal Law Provided, however, that no employee accepting any other employment with the City shall be entitled to such pay. ARTICLE 28 - STANDARD DRESS, TOOLS AND LICENSES Section 28.1 Uniform Allowance The City will continue to provide and launder, for all full time, regular part-time, and 10- month employees, 11 pairs of pants, 11 shirts, and 3 coats. Coveralls to be allocated based on operational need Temporary employees will be provided 11 shirts, 1 jacket, and coveralls as needed at the discretion of the Superintendent Additional uniforms may be allotted where a need can be demonstrated In addition, the City will provide options in the selection of coats, shirts and coveralls (to include insulated coats and coveralls). Management reserves the right to determine additional options available Page 25 of 37 C\TEMP\TM 2003 Contract doc The laundering of these uniforms will be a standard schedule and paid for by the City. The City and Union agree to work together toward reducing the cost of providing and maintaining employee uniforms The maximum safety shoe allowance for regular full-time, regular part-time, 10-month and 8-month employees shall be one hundred seventy dollars ($170 00), plus tax, per pair, as needed. Four-month employees shall receive a maximum safety shoe allowance of seventy five dollars ($75 00), plus tax, per pair, as needed. Proper attire. Each employee in the bargaining unit while on duty must be attired properly and in accordance with City Policy and/or reasonable rules regarding safety Section 28.2 Tools and Equipment Allowance All existing mechanics as of the date of the signing of this agreement will be grandfathered to be authorized to receive three hundred fifty dollars ($350 00), plus tax, per year for the purchase of work tools, which are on the City's approved tool list The City shall reimburse the actual cost of mechanic tools based on a receipt and reimbursement method The City will provide new mechanics with a fully furnished tool box; such employees shall not be eligible for the mechanic tool allowance Grandfathered employees shall have the option of switching from the allowance option to the City provided tools option at the beginning of each calendar year Once an employee has moved to the City provided tools, the employee shall no longer be eligible for the tool allowance. The City will also purchase air-tools. Labor-management committee reserves the right to prioritize the purchase of tools In addition, the City agrees to provide at its cost, the minimum, safety equipment required under W I S H A (Washington Industrial Safety and Health Act). The City agrees to purchase insurance to cover theft of employee owned tools from City premises required for employment City obligation shall be limited to loss due to burglary Employee shall comply with all terms and conditions of the insurance carrier Deductible to be paid by the City Section 28.3 License/Certification Requirements Employees required to obtain licenses, certifications or physical exams shall be responsible to obtain such within the timeline outlined in their lob descriptions. Failure to do so may be grounds for disciplinary action up to and including termination, The City shall allow the employee a reasonable amount of time off with pay to take the Page 26 of 37 C\TEMP\TM 2003 Contract doc necessary test/exam. The City shall pay the cost of the license, certification or physical exam and/or the registration cost for reasonable training to obtain/maintain the license or certification. If the employee fads to obtain the required licenses/certifications after three attempts, the employee shall be responsible for the cost of repeating the same exam/training The City reserves its right to determine the reasonable licenses and certifications required for the work assigned to the positions. ARTICLE 29 - SUBSTANCE ABUSE TESTING All members of the bargaining unit shall comply with City policy#2 25 - Substance Abuse. Random testing, however, shall only apply to those employees required to carry a commercial driver's license (CDL) as a condition of employment. ARTICLE 30 - SAVINGS CLAUSE If any Article of this Agreement or any Addendum thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement and Addendum shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such Article. ARTICLE 31 - ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions ARTICLE 32 - SUBORDINATION OF AGREEMENT It is understood that the parties hereto and the employees of the City are governed by the provisions of applicable Federal Law, State Law, and the City Code When any provisions thereof are in conflict with the provisions of this Agreement, the provisions of said Federal Law, State Law, or City Code are paramount and shall prevail. Page 27 of 37 C\TEMP\TM 2003 Contract doc ARTICLE 33 -TERM OF AGREEMENT This Agreement shall be in force and effect from January 1, 2003 through December 31, 2005 Fi6rtaF+J Signed this day of 49owa4 2003, at Kent, Washington CITY OF KENT TEAMSTERS LOCAL UNION #117, 220 4th Avenue South AFFILIATED WITH THE INTERNATIONAL Kent, Washington 98032 BROTHERHOOD OF TEAMSTERS 553 Johns Street Seattle, Washington 98109 BY BY Jim W ite, hn . Williams, Mayo "Crary-Treasurer BY + C, 2t- S e Viseth, Employee Services Director Approved as negotiated- BY Anh Hoang, Ij Labor Relations Manager Approved as to form BY a ' Tom Brubaker, City Attorney Attest BY A �C�-iti .,� Bar, City Clerk Page 28 of 37 C\TEMP\TM 2003 Contract doc APPENDIX "A" -WAGES The salary schedule for positions in the bargaining unit shall be as follows A Effective the first of the month following signing of a tentative agreement (which is ratified by the membership), the base salaries for the lob classifications set forth in Appendix "B" will be increased by ninety percent (90%) of the Seattle- Tacoma-Bremerton CPI-W, June 2001 to June 2002, (1.4%) In addition, each bargaining unit member as of the ratification date of this agreement shall receive a one-time lump sum payment of one hundred dollars ($100) as part of this economic settlement package. B Effective January 1, 2004, base salaries for the job classifications set forth in Appendix "B" will be increased by ninety percent (90%) of the Seattle-Tacoma- Bremerton CPI-W, June 2002 to June 2003 C Effective January 1, 2005, base salaries for the lob classifications set forth in Appendix "B" will be increased by ninety percent (90%) of the Seattle-Tacoma- Bremerton CPI-W, June 2003 to June 2004 D Temporary employees shall be paid in accordance with the following schedule, except that the City may pay more in hourly wage as it deems appropriate to maintain a qualified workforce Temporary Four-Month Employees Start at $7 01/hour or minimum wage, whichever is higher Greater than 1040 hours = $8.00/hour Greater than 2080 hours = $9.00/hour Temporary Eight-Month Employees Start at $8 50/hour Greater than 1040 hours = $9.50/hour Greater than 2080 hours=$11.00/hour The above wage schedule includes wages and pay in lieu of benefits for vacation, sick leave, holidays, insurance and other miscellaneous benefits. Appendix A C UEMMM 2003 Contract doc APPENDIX "B" - BARGAINING UNIT CLASSIFICATION SCHEDULE Effective 1/1/03 Effective 1/1/04 Effective 7/1/04 Classification Salary Range Salary Range Salary Range Meter Reader I Range TM17 TM17 TM17 Meter Reader II Range TM20 TM20 TM21 Meter Reader III Range TM24 TM24 TM25 Maintenance Worker I* Range TM17 TM17 TM17 Maintenance Worker II Range TM20 TM20 TM21 Maintenance Worker III Range TM24 TM24 TM25 Maintenance Worker IV Range TM27 TM27 TM28 Maintenance Technician Range TM30 TM30 TM31 Field Supervisor Range TM33 TM34 TM34 Mechanic Assistant Range TM20 TM20 TM20 Mechanic I Range TM24 TM24 TM24 Mechanic II** Range TM27 TM27 TM28 *The Maintenance Worker I classification is intended to be a training/apprenticeship classification Employees hired into this classification may move to the Maintenance Worker II classification when they have passed a six-month probation period and have passed all tests for all required certifications of the Maintenance Worker II position into which they will move Such licenses and certifications may include, but not be limited to Commercial Driver's License (CDL), First Aid Card, Flagger Card, Defensive Driving Course **Both parties agree to work in joint Labor/Management Committee to develop a certification program for the Mechanic II classification. Upon completion of such program development, all incumbents in this classification shall participate in and obtain the required certification(s). Appendix B C\TEMP\TM 2003 Contract doc APPENDIX "C" -TEN-MONTH MAINTENANCE EMPLOYEE Salaries - Regular Employees in this classification shall receive compensation whether on an active or inactive status during their employment with the City For purposes of computing such compensation the annual base wage shall be paid in twenty four(24) equal installments on the City's regular pay dates Salaries - Overtime- Overtime, based upon base wage for classification, shall be provided for employees who are required to work in excess of eight (8) hours per day or forty (40) hours in any week. Overtime compensation shall be paid in the form of cash or compensatory time off in accordance with this Agreement Jury Duty/Bereavement Leave: While on active status, the employee shall be allowed time off with pay in accordance with the City's policy for jury duty and bereavement leave Personal Leave Days Employees in this classification shall be provided Paid Personal Leave Days in lieu of Holiday leave and Sick leave The paid Leave Days or portions thereof may be used, with departmental approval, to maintain pay during periods of illness and observed holidays A Personal Leave Account of employees will be credited with fifteen (15) days during the first pay period of the work year (ten-month active period); provided, that under no circumstances will the account be allowed to accrue more that thirty (30) days. Personal Leave Days which are not used may be accrued from year to year Such accrual shall be limited to thirty (30) days with subsequent crediting of annual allocations contingent upon current leave balances Except in the case of illness, an employee shall not be allowed use of more than two (2) Personal Leave Days per month during the first five (5) months of employment Annual Leave Annual Leave benefits are not provided to employees filling positions within the ten-month classification By the nature of the employment classification, employees are provided two (2) months off with compensation each year, thereby providing a reasonable break in employment for purposes of rest and regeneration. Otherwise, employees have the opportunity to exercise the benefits associated with Personal Leave Days which, when exercised, provide time off with compensation during active status. Existing Labor Agreement. All provisions of this Labor Agreement, except as otherwise specified in this Appendix shall apply to members of the bargaining unit occupying ten- month positions For purposes of clarification, "ten-month employees" are those who are regularly assigned to a work schedule consisting of ten (10) months of active status and two (2) months of inactive status during a twelve (12) month period. Appendix C C\TEMP\TM 2003 Contract doc MEMORANDUM OF UNDERSTANDING By and between the CITY OF KENT • And TEAMSTERS LOCAL UNION #117 Affiliated with the International Brotherhood of Teamsters The purpose of this Memorandum of Understanding is to memorialize the Agreements between the City of Kent ("City") and Teamsters Local Union #117 ("Union") during the labor/ management meeting on June 28, 2005 The parties have discussed and agreed to the following 1. Alternative Work Schedules - The Public Works Operations Division is commencing a 4/10 alternative work schedule for all employees within the Division However, the employees of the Fleet Services Section have requested to stay on their current traditional 5/8 work schedule and such request will be honored by the City The 4/10 work schedule shall commence on Monday, July 11, 2005 and end Friday, September 30, 2005 and shall be considered the "trial period" for this alternative work schedule program After September 30, 2005, the City and the Union will evaluate the program's effectiveness and feasibility for continuation in future years The parties also agree that standby assignments during this trial period will be determined by the Superintendent of each Section 2. Jurisdiction - Mark Maughan, is currently employed in the Customer Service Division as a twenty-one (21) hours per week regular part-time (RPT) Meter Reader 2, represented by Teamsters Local #117, under its collective bargaining agreement (CBA) with the City He has expressed interest in working additional hours for the City The City's mailroom currently has an opening for 19-21 hours of temporary part-time (TPT) AFSCME work available Mr Maughan has accepted the City's offer of employment to perform these mailroom duties in addition to his water meter reading duties The City and Union are in agreement to have Mr Maughan be dually represented by both the Teamsters bargaining unit for the Meter Reader work he performs, while being represented by the AFSCME bargaining unit for the mailroom work Mr Maughan will pay union dues to the Teamsters Union in the amount specified by the Teamsters CBA for his hours worked as a Meter Reader 2 Mr Maughan will have full rights and privileges of the Teamsters CBA for all hours and activities as a Meter Reader 2 All hours and activities in the performance of the mailroom duties shall be represented by the AFSCME CBA 3 Acting Assignment - The Warehouse Supervisor is expected to be on intermittent leave for up to one and one-half (1'h) days per week for up to three (3) months. During his absence, the Maintenance Worker 3 in Warehouse, Steve Craig, will be appointed by management to act for the supervisor The parties agree to allow Mr Craig to receive acting pay for this intermittent acting assignment Qualification will be based on his fulfillment of a minimum of forty (40) hours, which is the equivalent of five (5) working days, of performing at least fifty percent (50%) of the higher level duties of the supervisor position The parties understand and agree that this unique circumstance and agreement will not serve as a precedent for future similar situations Signed this 6 y day of��, 2005 FOR THE CITY FOR THE UNION- AA Anh Hoang, eSec illiams, Labor Relations Manage ary Treasurer ters Local Union 117