HomeMy WebLinkAboutES04-035 - Original - AFSCME 2004-2005 Labor Agreement Records M ern
KENTN Document
WASHINOTOH
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name: F<-�C AAt� I-GrQ Il 9411
Contract Number: CS"0y-0 3�
This is assigned by Mary Simmons
Vendor Number:
Project Name: � _Qr � AM QAA4
Contract Effective Date: - I
Contract Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: QAI t-LontA-1�
Department: v►ti� �2 AZI$oz
Abstract:
ADCL7832 07/02
CITY OF KENT
AND
WASHINGTON STATE COUNCIL
OF COUNTY AND CITY EMPLOYEES
UNION, LOCAL 2617
LABOR AGREEMENT
January 1 , 2004 — December 31 , 2005
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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
SECTION2.2-DUES DEDUCTION.......................................................................... ........................ ..... ....3
ARTICLE 3-SENIORITY AND EMPLOYMENT PRACTICES...................................................................4
SECTION3.1 -PROBATIONERS................................................................. ................................... ..... .......4
A Non Civil Service Employees.......... .. ..................... .. .................... ............ .. ............... .. ... .. 4
BCivil 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
SECTION3.6-RECALLS.......... ... ............. ........... ...... ............... .. .......... .. ............................ ...............8
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.................................................11
SECTION5.1 -OVERTIME............................................... ..................... ...... .. ......... .. ............ .. .. .....- 11
SECTION5.2-CALL BACK.............. ......................................... .. ...... ...... ...... . ............ ................. . .... 11
SECTION 5.3-COMPENSATORY TIME.......................... ............ .. ............. ...... .. ............ ........ ...... .. .... 12
SECTION 5.4-MANDATORY STANDBY...................................... ......... .. ....... ..................... ............. . .... 12
ARTICLE 6-UNION ACTIVITIES.............................................................................................................12
SECTION 6.1 -ATTENDANCE AT MEETINGS................... .. ....................... .. .... . ............ .......... .... .... .12
SECTION 6.2-BULLETIN BOARDS........ ................................................... . .................... .. ............ ......... 13
SECTION 6.3-EMPLOYEE UPHOLDING UNION PRINCIPLES/PERFORMING DUTIES.... ........................ .. ... .. 13
ARTICLE 7-GRIEVANCE PROCEDURE................................................................................................14
SECTION 7.1 -GRIEVANCE OR DISPUTE OVER PROVISIONS OF AGREEMENT............................ ... ..... .. . . . 14
SECTION 7.2-CIVIL SERVICE APPEAL.................................. ......... ......... ..... .... ...... ............ .. .. ..... . 14
SECTION 7.3-GRIEVANCE STEPS......... ......... .............. .. .............................. ..................... .. ....... . .. .14
Step1.................................... .................................. ................................. ........... ......... ............ .... 14
Step1 B(If Applicable)..................................................................... ............................... ............ .... 15
Step2................................................................................................... .. .....................................- 15
Step3 ........................................................................................... ...... ............... ......................... 1 15
Step4........................................................ ............ ............ .......................................... ........ .......... 15
SECTION 7.4-GRIEVANCE AGAINST UNION................................... ....... . ....... ............. ..... ............ ..... 16
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Step1.......... ........................................................ ............................ ......... .. .. .. .. . ...... ... .. .. ..... 16
Step2.......... ........................................................ ...................................... .. .. .. .. ......... ...... .. ... . 16
ARTICLE 8-DISCIPLINARY ACTION BY THE EMPLOYER.................................................................16
SECTION 8.1 -DISCIPLINARY ACTION................................................................................................ . .... 16
SECTION 8.2-DISCIPLINARY/PERSONNEL RECORDS........................................................ ........................ 17
ARTICLE 9-WORK STOPPAGES AND EMPLOYER PROTECTION................................................... 18
SECTION 9.1 -WORK STOPPAGE DEFINED... ... ........................................................................................ 18
SECTION 9.2-BACK TO WORK ORDER..................................................................................................... 18
SECTION 9.3-DISCIPLINARY MEASURES BY EMPLOYER............................................... ........ ............. .. 18
ARTICLE 10-DEPARTMENT WORK RULES........................................................................................19
ARTICLE 11 -MANAGEMENT RIGHTS..................................................................................................19
ARTICLE 12-CONTRACTING WORK....................................................................................................20
ARTICLE 13-CITY COUNCIL AGENDAS/MINUTES.............................................................................20
ARTICLE14-PAY PERIODS...................................................................................................................20
ARTICLE 15-WAGES, COMPENSATION AND LONGEVITY...............................................................21
SECTION15.1 -WAGES.......... ....................................................... ......... .. ... .. .. ......... ... ...................21
SECTION 15.2-SALARY STRUCTURE................................................. ... .. .... .... .. ................ ................22
SECTION 15.3-JOB DESCRIPTIONS AND RECLASSIFICATION REQUESTS.............................................. .. ..23
SECTION 15.4-LONGEVITY. ................................................................. .. ...... .. .. ... .. ...... .. .. .............23
SECTION 15.5-EDUCATIONAL INCENTIVE PLAN.............................................................. ........... ....... .....23
SECTION 15.6-SHIFT DIFFERENTIAL PAY(POLICE SUPPORT)..................................... .............................24
SECTION 15.7-OUT OF CLASS PAY....................................................... .... ................................... .. .....24
SECTION 15.8-CORRECTIONS PREMIUM PAY/ASSIGNMENT............................................ .. ......................27
ARTICLE 16-EMERGENCY CONDITIONS............................................................................................27
ARTICLE17-HOLIDAYS.........................................................................................................................27
SECTION 17.1 -HOLIDAYS OBSERVED............ ................................. ......... ............................. ... .. . .... .27
SECTION 17.2-HOLIDAY LEAVE BANK........................... ..... .................. . .......................... ...... ...........28
A. Eligibility........................................................... .................................. ................... ...... ...........28
B. Accruals..................................................... ..... ........ ............... .. ....................... .. ........ ........28
C. Holidays Not Worked.. ................................. ............................................... ....................... ....29
D. Holidays Worked............................................................................. ................... .. .. ............29
E. Holiday Use Restrictions....... ......................................................... ......... ................ . ............30
F. Cash Out....... ........................................................................ ................. .. .................... . ... .. 30
ARTICLE 18-ANNUAL LEAVE...............................................................................................................31
SECTION 18.1 -ANNUAL LEAVE ACCRUAL.................................................................. ....................... .. ...31
SECTION 18.2-MAXIMUM LEAVE ACCRUAL....................................................................................... ......32
SECTION 18.3-SCHEDULING ANNUAL LEAVE................... ........................ ............ .. . . ............... .. ......32
A. Non-Civil Service............................... ........................ .................................................... .. ... ..32
B. Civil Service...................................................................................... ... .. .. ............. ................32
ARTICLE19-SICK LEAVE......................................................................................................................32
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SECTION 19.1 —SICK LEAVE ACCRUAL............................................................... .... . ................... . .... ...32
SECTION 19.2—USE OF SICK LEAVE........................................................................................ .. . .. ........33
SECTION 19.3—PROMPT NOTIFICATION.................................................. ............... .. ................ .............33
SECTION 19.4—SICK LEAVE ABUSE............................................. .. ................ ...... .......... ..... .. ..... .. ...34
SECTION 19.5—CONDITIONS NOT COVERED........................................................................... .................34
SECTION 19.6—PHYSICIAN'S STATEMENT.......................................... .................... ...... ... .. .. ................34
SECTION 19.7—WELLNESS PROGRAM............................................................................... ..... ................34
SECTION 19.8—SICK LEAVE INCENTIVE PROGRAM....... ........................................... .... . . .. .. . .... . ..... 34
ARTICLE 20—JURY DUTY AND COURT APPEARANCES...................................................................35
SECTION 20.1 —JURY DUTY AND COURT APPEARANCES.................................................................. .........35
SECTION 20.2—JOB-RELATED COURT APPEARANCE.................................................................................35
A. Shift Other than Grave................................................................... .... . ... ..... ... .. ....... . .........36
B. Grave Shift....................................................................................................................... ...... ..36
C. Pyramiding........................................................ ........................................................................36
D. Standby Time for Court Appearance......... ...... .. ................................ ... ................... .. ...... ..36
ARTICLE 21 —BEREAVEMENT LEAVE...................................................................................................36
SECTION 21.1 —USE OF BEREAVEMENT LEAVE............................. ........................................ .. ...............36
SECTION 21.2— IMMEDIATE FAMILY....................................................................................... ..................37
SECTION 21.3—USE OF SICK LEAVE TO SUPPLEMENT BEREAVEMENT LEAVE....... .... ...... ...... .. ... .. .. .....37
ARTICLE 22—PENSION...........................................................................................................................37
ARTICLE 23—WORKERS'COMPENSATION PROGRAM.....................................................................37
ARTICLE 24—INSURANCE......................................................................................................................38
SECTION 24.1 —MEDICAL/DENTAL PLANS...................... ........................... ....... .. ..... ........ ...................38
SECTION 24.2—EMPLOYEE CONTRIBUTION-MEDICAUDENTAL COVERAGE... ...... .... .. ............. ..............38
SECTION 24.3—RETIREMENT BENEFITS...................... .. ................................... ... . ... .................. .........39
SECTION 24.4—HEALTH CARE COMMITTEE................... .............................. .... ... .. .. ......... ..................39
SECTION24.5—LIFE INSURANCE.................................................................... ......... ...................... ... ....39
SECTION 24.6—LONG TERM DISABILITY INSURANCE(LTD).......................................... ...... .. .. ...... .......39
ARTICLE 25—EDUCATION, SEMINARS AND CONFERENCES...........................................................40
SECTION 25.1 —REIMBURSEMENT FOR TRAINING SEMINARS/CONFERENCES.................. ............. .............40
SECTION 25.2—SPECIAL LICENSES AND CERTIFICATES....................................... ...... . .. . .................. .. 40
SECTION 25.3—EDUCATION—GENERAL...................................... ............................. .......................... ...40
SECTION 25.4—REIMBURSEMENT REQUESTS........................... ........................ ..... . ................ ...... .. ...40
SECTION 25.5—CLASS ATTENDANCE.................................. ............................ ........................................41
SECTION 25.6—REIMBURSEMENT FOR TRAINING .......................................... .. ..... ............. .. ... .. .........41
ARTICLE 26—LABOR MANAGEMENT MEETINGS..............................................................................41
ARTICLE 27—HEALTH AND SAFETY....................................................................................................42
SECTION 27.1 —WORKING CONDITIONS........... ...................... ......................... .... ........... ....................42
SECTION 27.2—UNIFORMS AND SAFETY GEAR ........................................................ ... ............ ...... ........42
SECTION 27.3—PERSONAL TOOLS................................................................... ... ................ ..................43
SECTION 27.4—MISCELLANEOUS PROVISIONS........................................ ... ................ ..... ................ .. .43
ARTICLE 28—NON-DISCRIMINATION....................................................................................................43
ARTICLE 29—MILITARY LEAVE.............................................................................................................44
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ARTICLE 30—PRIORITY OF STATE AND CITY LAWSISAVINGS CLAUSE........................................44
ARTICLE 31 —SMOKE FREE WORKPLACE...........................................................................................45
ARTICLE 32— ALCOHOL OR DRUGS IN THE WORKPLACE...............................................................45
SECTION 32.1 —DRUG FREE WORKPLACE....................................................................... ... ... ...... .. ......45
SECTION 32.2—DRUG AND ALCOHOL TESTING............... .. ........................ ......... ......... . .... ...... .. ..... ...45
SECTION 32.3—INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING..........................................45
SECTION 32.4—EMPLOYEE TESTING.......................................................................... ...... .. ...................46
SECTION 32.5—ALCOHOL TESTING............................... ............................... ............ ... .. ..... .. ............46
SECTION 32.6—TESTING PROGRAM COSTS....................... ....................................... ...... ......... ...... .....47
SECTION 32.7—REHABILITATION PROGRAM................ ............................................................. ...............47
SECTION 32.8—DUTY ASSIGNMENT AFTER TREATMENT................................ ... .. ... ...... .................. ... ..47
SECTION 32.9—RIGHT OF APPEAL.................................................................... ......... ....................... .. ..47
SECTION32.10—UNION HELD HARMLESS................................................................................................48
ARTICLE33—JOB ROTATION................................................................................................................48
ARTICLE34—JOB SHARE......................................................................................................................48
ARTICLE 35—VOLUNTEERS AND INTERNS.............................................................................I...........49
ARTICLE 36—CIVIL SERVICE SHIFT BIDDING.....................................................................................50
SECTION 36.1 —POLICE SUPPORT SHIFT BIDDING......................... ............... .... .. .... ..............................50
SECTION 36.2—CORRECTIONS POSITION BIDDING............................... ...... . .... . ......... .........................51
Subsection 36.2.1 -Shift Assignments.................... ........................................ ...... ... .....................51
Subsection 36.2.2-Bid/Assignment Process...................................... ......... .... ...... . .....................52
Subsection 36.2.3—Corrections Bid Cycle............................................................ ..... .. .................53
ARTICLE 37—ENTIRE AGREEMENT......................................................................................................54
ARTICLE 38—DURATION........................................................................................................................54
SIGNATURES............................................................................................................................................55
APPENDIXA-SCHEDULE «A....................................................................................................................1
APPENDIXB...............................................................................................................................................1
POLICE DEPARTMENT INTERNAL INVESTIGATIVE PROCEDURES.......................... ...... ...... ........ 1
SECTION1 -EMPLOYEE RIGHTS....................................................................................... ......................... 1
SECTION 2- PSYCHOLOGICAL EVALUATIONS......................... .......................... ..... .. ............. .. ... .. .. .....3
A. Conditions Under Which Evaluations Will Take Place.............. ... ... ......................... ... ...........3
B. Results of the Evaluation............................................................... .. ..... ...... .... ....... ... ...........3
C. Definihon.... ....................................... .................................................. .. ...... ............... ..... .....3
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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, Building/Development Services, and the Permit
Center), Parks Maintenance, Parks Facilities, Parks Human Services, Public Works
Engineering (including Administration, Property Management, and Permit/Development
Services sections), Public Works Operations Administration, 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.
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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 and non-bargaining unit members shall
retain their non-represented status.
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 (31s) day following the beginning of such
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employment, become and remain members in good standing in the Union. When the
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 semi-monthly dues amount to be deducted shall be rounded to the nearest penny
in accordance with standard rounding practices. The amounts deducted shall be
transmitted semi-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 an employee register of the
bargaining unit employees each pay period and a list of all new employees covered by
the collective bargaining agreement.
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.
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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
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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, regular service shall be defined as regular full
time or regular part-time employment with the City of Kent. Seniority shall accrue
at an equal rate for regular part-time employees as for regular full time
employees based on years of regular service. Adjustments in seniority for leaves
without pay shall be made for each full calendar month or more.
B. For the purpose of vacation bids, seniority shall be defined as the employee's
length of regular 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. Employees moved by the City to another department as part of a
reorganization shall retain their seniority from the previous department.
C. For the purpose of shift bidding, reductions in force, recalls, and reductions in
rank resulting from personnel reductions, seniority shall be defined as the
employee's length of regular 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 classification, the employee's seniority shall
include time spent in the higher AFSCME rank(s) or classification(s). Seniority in
the rank/classification shall include all time spent in the current classification,
which is now represented by the AFSCME bargaining unit, regardless of that
classification's union representation history.
An employee in an acting capacity or on a job rotation shall continue to accrue
seniority in his/her regular rank/classification, not the acting or rotation
rank/classification.
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D. For all other purposes, seniority shall be defined as the employee's length of
regular 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
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.
F. Employees affected by reorganizations or reclassifications shall have the impacts
on their seniority identified in writing at the time of the reorganization or
reclassification.
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
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(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 different 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
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 (or by electronic
mail, if such is requested in writing by the employee), 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
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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 job, shall be given
preferential consideration over other applicants outside the bargaining unit when the
position is filled. Rights to a position or preferential consideration shall be limited to 24
months.
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
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. Employees recalled within the 24 month period shall be credited
with any leave amounts that were not cashed out at time of layoff.
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,
including those who were laid off within the previous 24 months, 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
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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 job
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.
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
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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
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 — Meal 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 (1/2) shift, at the middle of each one-half (1/2)
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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 work
week. 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 (6th) or seventh (7th) consecutive day
within the same work week shall be paid at the rate of time and one-half.
E. Additional hours 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. After the initial three (3) hours at the
overtime rate, if a part-time employee is otherwise not in an overtime situation, they
shall be paid for all additional hours at the straight time rate, until exceeding the eight
(8) or forty (40) hours thresholds identified in Section 5.1. This section may not apply to
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certain circumstances where an employee has a flex schedule as identified in Section
4.2
Section 5.3— Compensatory Time
Employees shall have the right to receive compensatory time at the same ratio as the
overtime rate in lieu of cash payment for overtime. Overtime worked which is to be paid
by grants, project funds, or reimbursements shall be paid as overtime and shall not be
eligible for compensatory time accrual.
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.
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 $2.60 per hour. 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
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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.
The Shop Steward or a Union Officer shall be allowed fifteen (15) minutes during a new
employee's orientation to meet with the employee to discuss the Collective Bargaining
Agreement, the Union, and any other related concerns that the new employee may
have.
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.
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.
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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
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 Service 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
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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 parry
responding to the grievance shall give its written response within ten (10) working days
of the completion of the meeting.
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
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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.
ARTICLE 8— DISCIPLINARY ACTION BY THE EMPLOYER
Section 8.1 — Disciplinary Action
The City shall not discipline or discharge an employee without just 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:
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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.
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.
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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 Stoppacte 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.
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.
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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 Standards
outlined in Appendix B.
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.
D. Evaluate, promote, determine, transfer, assign, and retain employees in positions j
in the City, and to suspend, demote, discharge, or take other disciplinary action
against such employees for just 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
I. Determine the necessity and amount of overtime and assign such overtime.
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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.
B. Temporary agency employees, i.e. Kelly Services, may be utilized in accordance
with the provisions of Section 1.3—Temporary Employees (criteria, timeframes).
The City shall notify the Local Union President of all temporary agency
employees performing bargaining unit work. This notification will be quarterly to
include name, department, date of hire, temporary classification (5 months or 520
hours), and hours worked.
ARTICLE 13 —CITY COUNCIL & CIVIL SERVICE AGENDAS/MINUTES
The City will send copies, via interoffice mail or e-mail, of City Council and Civil Service
agendas and 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 (5th) and twentieth (20th) of each month. In the event the fifth (51n)
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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 on the next scheduled
payday (if possible) or the subsequent payday if not sufficient time to process.
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 Cite makes every effort to initiate the electronic
transfer of employee pay on the 4'h and 19 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.
ARTICLE 15 —WAGES. COMPENSATION AND LONGEVITY
Section 15.1 —Wages
Each regular bargaining unit employee shall receive an additional $150 (less applicable
taxes) if the contract is ratified on or before December 9, 2003.
Effective January 1, 2004 or the first of the month following ratification, whichever is
later, a cost of living adjustment that is equivalent to ninety percent (90%) of CPI-W
Seattle-Tacoma-Bremerton, June to June, which is 0.8%, plus half of one percent
(0.5%), shall be applied to all Bargaining Unit classifications and salary ranges listed in
schedule "A" of this agreement.
Effective January 1, 2005, a cost of living adjustment that is equivalent to ninety percent
(90%) of the Seattle—Tacoma-Bremerton CPI-W, June to June, plus half of one percent
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(0.5%), shall be applied to all Bargaining Unit classifications and salary ranges listed is
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.
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
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.
E. Reclassifications. Employees reclassified to a higher salary range shall be
placed in the salary step within the new salary range which represents a
minimum of two and one-half percent (2 t/2%) annualized increase, however, at
no time will the employee be paid above the maximum of the new pay range. If
at any time, the top step of the new salary range is less than two and one-half
percent (2 t/2%) increase over the employee's current compensation level, the
employee shall be placed at the top step of the new range. Their increment date
shall be adjusted accordingly to reflect the reclassification.
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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,
provided the employee provides information and feedback to Employee Services within
the timeline(s) requested during the reclassification process. 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 Chief Administrative Officer within ten
(10) working days of Employee Services written recommendations. The Chief
Administrative Officer will schedule an appeal meeting with the employee. The Chief
Administrative Officer will provide a written response to the employee within fifteen (15)
working days from the date of the appeal meeting.
Section 15.4— Longevity
The following longevity pay shall apply:
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
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 $120 per month
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B. Those employees who have attained a "Junior" status at an accredited university
or college will receive the same compensation as an employee with an AA
degree. In order to qualify for the compensation all of the credits earned must be
consolidated with one accredited university or college. It is the employee's
responsibility to provide proof of qualification.
C. Compensation will be provided based upon the highest educational level attained
and there shall be no pyramiding of educational degrees.
Section 15.6— Shift Differential Pay (Police Support)
A. Employees who are assigned to a regular workweek of five (5) consecutive days
on and two (2) consecutive days off or four (4) consecutive days on and three (3)
consecutive days off will receive shift differential pay as follows:
1. Employees who work shifts which normally commence after the hours of
11:00 a.m. or before 5:00 p.m. shall be considered swing shift personnel
and shall receive a differential pay of twenty cents ($.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
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 job
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.
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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
Chief Administrative Officer. 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 (one year maximum can be extended
upon mutual agreement), 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 Director's 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 Chief Administrative Officer or his/her designee must approve all
Department Director acting assignments and compensation.
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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).
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
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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 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, threatlact of terrorism, 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 request to leave before the
end of their shift and such request is approved by their supervisor/manager, shall be
required to use 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 15i Day of January
Martin Luther King's Birthday and Monday of January
President's Day and 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 4th Thursday of November
Day After Thanksgiving DaX after Thanksgiving
Christmas Day 25 Day of December
Two (2) Personal Holidays Scheduled with Management Approval
Other holidays as proclaimed by the Mayor and/or City Council
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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.
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 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
personal holiday(s) 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 personal
holidays, if eligible), 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 96 hours
of holiday pay during each year. The 96 hours shall be placed in a holiday bank
for each employee on January 1 s'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
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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.
Non-shift personnel (as defined in Section 17.1-13) shall have their accruals
adjusted in years affected by having New Year's Day occur on a Saturday
(observed on Friday in the preceding year). In such situations, the year
preceding shall have the bank reflect the additional holiday (104 hours instead of
96) and the following year shall reflect the subtracted holiday (88 hours instead of
96).
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
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.
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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
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. 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.
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Employees may reserve up to forty (40) holiday hours to cover the remaining
holidays in the year. All holiday hours not cashed out on December 5th or used
by December 31 st 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:
ANNUAL MONTHLY
COMPLETION OF: VACATION HOURS VACATION HOURS
1-4 years 96 hours 8 hours
5-9 years 120 hours 10 hours
10-12 years 144 hours 12 hours
13-16 years 152 hours 12.67 hours
17-19 years 168 hours 14 hours
20-24 years 176 hours 14.67 hours
25 years and thereafter 184 hours 15.33 hours
Beginning January 1, 2005, regular full time bargaining unit members shall receive
annual leave benefits in accordance with the following schedule:
ANNUAL MONTHLY
COMPLETION OF: VACATION HOURS VACATION HOURS
1 year 96 hours 8 hours
2-4 years 104 hours 8.67 hours
5 years 120 hours 10 hours
6-7 years 128 hours 10.67 hours
8-9 years 136 hours 11.33 hours
10 years 144 hours 12 hours
11-14 years 152 hours 12.67 hours
15-19 years 168 hours 14 hours
20-24 years 184 hours 15.33 hours
25+years 192 hours 16 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. At no time will such accrual exceed the full time rates above.
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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 are 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 affected.
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. A conflict shall
be defined as the same individuals requesting the same dates (based on
holidays or events) in two consecutive years. 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.
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Regular part-time employees' sick leave accrual will be pro-rated based upon the total
hours compensated each month. At no time will such accrual exceed the full time rate
above.
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.
Sick leave must be accrued before it can be used. The maximum number of
accumulated sick leave hours that may be carried over to a subsequent year is 1040.
All accrued sick leave above 1040 hours as of December 31 st of each year shall be
deleted.
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 may be 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.
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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.
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 due to illness or injury
may be required by their supervisor/manager, upon returning to work, to submit a
statement from a physician stating the reason for the absence. This physician
statement shall be submitted to the Employee Services Department, which will then
provide necessary coordination with or information to the employee's
supervisor/manager.
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/manager 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:
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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.
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:
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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
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.
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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.
Section 21.3— Use of Sick Leave to Supplement Bereavement Leave
In the event that the time required for immediate family bereavement leave is in excess
of the allowed 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 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 qualify 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.
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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 job 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.
However, the City reserves the right to change carriers based upon comparable benefits
and cost-effectiveness of such a change.
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.
Effective January1 2004 employees shall a seven percent 7% of the total health
pay P ( )
care insurance premium paid into the employee's respective health insurance program.
Blue Cross City Pays Employee
EMPLOYEE COVERAGE Total Premium 93% Pays 7%
Employee Only $ 465.30 $ 432.72 $ 32.58
Employee/Spouse 949.06 882.62 66.44
Employee/Children 896.12 833.38 62.74
Employee/Spouse/Children 1,370.02 1,274.12 95.90
Group Health City Pays Employee
EMPLOYEE COVERAGE Total Premium 93% Pays 7%
Employee Only $ 346.04 $ 321.82 $ 24.22
Employee/Spouse 761.72 708.40 53.32
Employee/Children 692.10 643.64 48.46
Employee/Spouse/Children 1,092.00 1,015.56 76.44
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.
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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.
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
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. Employees currently self-paying their premium shall
be grandfathered with that right. Any employee currently self-paying who subsequently
chooses to have the premium paid by the City, shall not have the right to revert to a self-
pay status. The LTD plan shall provide for coverage with a 90 day elimination period,
which pays at 66.67% of the monthly pay, subject to a maximum amount of $7,000 per
month, except as stated in Proof of Loss provision of the benefit schedule and pays to
age 65 for eligible employees. The City will determine the manner in which insurance
coverage is secured.
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ARTICLE 25 — EDUCATION SEMINARS AND CONFERENCES
Section 25.1 — Reimbursement for Training Semi nars/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.
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;
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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.
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
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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.
ARTICLE 27— HEALTH AND SAFETY
Section 27.1 —Workina 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: Rent/purchase and launder eleven (11)
shirts, eleven (11) pants, three (3)jackets.
Inspectors: Rent/purchase and launder 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.
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Employees in positions that require wearing W.I.S.H.A. approved safety boots will be
reimbursed for two (2) pairs per year up to a maximum of$180.00 + tax for each pair.
The City will provide the following safety and foul weather gear for those positions
requiring such gear pursuant to City, State or Federal standards, as well as inspectors:
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). Each employee shall be provided only one (1) uniform allowance during the
employee's probationary period. 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
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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
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 each year (October 1 to September 30) 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
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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.),
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 shalt be tested before this information is provided to him/her.
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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
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 City'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 properly 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
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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
reimburse each employee for their time and expenses including travel incurred involving
the testing procedure only.
Section 32.7— Rehabilitation Program
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 benefitstinsurance, 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.
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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
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. Employees selected for job rotation
into a position outside the bargaining unit shall continue to be considered part of the
bargaining unit (based on their regular position remaining in the bargaining unit).
Seniority shall continue to accrue in the employee's regular position and shall not
accrue in the position they are rotating into. Employees in a job rotation shall have full
and complete right to their regular position at any time up to and including the date of
the end of the job 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 —
Position 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
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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.
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 job
share arrangement. Any of the parties may terminate the job share arrangement during
this evaluation period. In the event the job 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 job 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.
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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
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 January, May and September.
C. During their probationary period, Records Supervisors, Records Specialists and
Data Entry Specialists may be placed in work assignments based on training
needs. Every second bid cycle (bid commencing in May), 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.
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F. The Employer reserves the right to bar individuals from bidding where required
by business necessity.
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.
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.
Assignments outside the bid process shall be completed prior to starting the bid
process unless the incumbent of the assignment fails to give 30 calendar days
notice of intent to leave the assignment prior to the start of the bidding process.
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 report for work
for at least half of the new cycle will not participate in the bidding process for that
cycle and 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.
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Subsection 36.2.2 - Bid/Assicgnment 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.
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:
H. The attached and appropriate rotation utilizing six (6) sergeants shall be used for
the bidding.
I. 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.
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J. 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.
K. 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.
L. 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
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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.
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, 2004 and shall remain in full force
and effect through December 31, 2005.
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SIGNATURES
Signed this day of , 2003, at Kent, Washington.
CITY OF KENT WASHINGTON STATE COUNCIL OF
COUNTY AND CITY EMPLOYEES
UNION, LOCAL #2617
BY
Jim hite
M or 1W31163
Rob M. Spra e
Staff Representative
BY
Sue Viseth Employee Services Director BY ea "
Kathleen Senecaut
President
BY
Anh Hoang 13
Labor Relations Manager BY
7)aM(t J-6141111
Debra Leroy
Vice President
Approved as to form:
BY 'w `c5K
Tom Brubaker
City Attorney
Attest by:
City Clerk
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APPENDIX A - SCHEDULE "A"
EMPLOYEE
CLASSIFICATION PAY RANGE
Financial Services Supervisor AF 32
Sr. Financial Analyst AF 34
Financial Analyst AF 30
Accounting/Administrative Coord AF 30
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
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
Records Administrator AF 32
Contract Specialist AF 27
Facilities Specialist AF 25
Multimedia Lead AF 27
Video Production Specialist AF 27
Multimedia Specialist AF 25
Department Systems Support Spec AF 25
Printing Technician AF 20
Production Assistant AF 12
Assistant Building Official AF 39
Plans Examiner AF 37
Combination Building Inspector AF 34
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Code Enforcement Officer AF 33
Development Permit Tech Lead AF 29
Development Permit Technician AF 27
Program Coord— Emergency Mgmt AF 32
Public Education Specialist AF 27
Support Services Specialist AF 24
Property Management Technician AF 27
Fire Equipment Maint Supervisor AF 37
Fire Apparatus Mechanic AF 33
Facilities Services Supervisor AF 30
Custodial Lead AF 20
Custodian " AF 13
Research & Development Analyst AF 34
Police Specialist Supervisor AF 29
Police Records Specialist AF 22
Police Word Processing Technician AF 17
Evidence Technician Supervisor AF 32
Evidence Technician AF 28
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.
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APPENDIX B
POLICE DEPARTMENT INTERNAL INVESTIGATIVE STANDARDS
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.
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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.
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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.
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