HomeMy WebLinkAboutES06-016 - Original - AFSCME 2006-2008 Labor Agreement CITY OF KENT
AND
WASHINGTON STATE COUNCIL
OF COUNTY AND CITY EMPLOYEES,
AFSCME, LOCAL 2617
LABOR AGREEMENT
January 1, 2006— December 31, 2008
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TABLE OF CONTENTS
PREAMBLE................................................................................................................................................................ 1
ARTICLE 1 — RECOGNITION AND BARGAINING UNIT......................................................................I...... 1
SECTION 1.1— RECOGNITION OF UNIT....................................................................................1
SECTION 1.2—EXCLUDED EMPLOYEES....................................................................................1
SECTION 1.3—TEMPORARY EMPLOYEES..................................................................................2
SECTION 1.4— LIMITED TERM EMPLOYEES...............................................................................2
SECTION 1.5— DISPUTE RESOLUTION.....................................................................................3
ARTICLE 2— UNION MEMBERSHIP AND DUES DEDUCTION..................................................................3
SECTION 2.1 —UNION MEMBERSHIP.......................................................................................3
SECTION 2.2—DUES DEDUCTION..........................................................................................3
ARTICLE 3 — SENIORITY AND EMPLOYMENT PRACTICES......................................................................4
SECTION 3.1 —PROBATIONERS .............................................................................................4
A. Non Civil Service Employees 4
8. Civil Service Employees 4
C. Seniority 5
SECTION 3.2—SENIORIIY...................................................................................................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................................................................................... 11
SECTION 5.4—MANDATORY STANDBY .................................................................................. 12
SECTION 5.5 - EMERGENCY RESPONSE ................................................................................. 12
ARTICLE 6—UNION ACTIVITIES................................................................................................................... 13
SECTION 6.1 —ATTENDANCE AT MEETINGS............................................................................ 13
SECTION 6.2— BULLETIN BOARDS ...............................................................................I....... 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
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SECTION 7.2-CIVIL SERVICE APPEAL.................................................................................. 14
SECTION 7.3-GRIEVANCE STEPS........................................................................................ 14
Step 1 14
Step IS(If Applicable) 15
Step 2 15
Step 3 .... 15
Step 4 15
SECTION 7.4-GRIEVANCE AGAINST UNION........................................................................... 16
Step I ... . ...... . .. . ........ ... . . 16
Step 2 1 1 1 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................................................................................................ 18
ARTICLE 11— MANAGEMENT RIGHTS..............................».......................................................................... 19
ARTICLE 12—CONTRACTING WORK............................................................................................................20
ARTICLE 13 —CITY COUNCIL&CIVIL SERVICE AGENDAS/MINUTES............................................. 20
ARTICLE 14— PAY PERIODS............................................................................................................................20
ARTICLE 15 —WAGES, COMPENSATION AND LONGEVITY...................................................................21
SECTION15.1 -WAGES.................................................................................................... 21
SECTION 15.2-SALARY STRUCTURE.................................................................................... 21
SECTION 15.3-JOB DESCRIPTIONS AND RECLASSIFICATION REQUESTS........................................ 22
SECTION 15.4-LONGEVITY............................................................................................... 23
SECTION 15.5- EDUCATIONAL INCENTIVE PLAN ..................................................................... 23
SECTION 15.6-SHIFT DIFFERENTIAL PAY (POLICE SUPPORT).................................................... 23
SECTION 15.7-OUT OF CLASS PAY..................................................................................... 24
SECTION 15.8-CORRECTIONS PREMIUM PAY/ASSIGNMENT....................................................... 26
SECTION 15.9-CORRECTIONS ACCREDITATION PAY................................................................ 26
SECTION 15.10-CUSTODIAN SPECIALTY PAY ........................................................................ 26
ARTICLE 16— EMERGENCY CONDITIONS...................................................................................................26
ARTICLE17— HOLIDAYS...................................................................................................................................27
SECTION 17.1 - HOLIDAYS OBSERVED.................................................................................. 27
SECTION 17.2- HOLIDAY LEAVE BANK................................................................................. 27
A. Eligibility 27
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S. Accruals .. ............... . . .... . . ........ .. ... .. ......... 28
C. Holidays Not Worked. 28
D. Holidays Worked 28
E. Holiday Use RestrIctions 30
F. Cash Out ... 30
ARTICLE 18—ANNUAL LEAVE.........................................................................................................................30
SECTION 18.1 —ANNUAL LEAVE ACCRUAL.............................................................................. 30
SECTION 18.2— MAXIMUM LEAVE ACCRUAL ...........................................................................31
SECTION 18.3—SCHEDULING ANNUAL LEAVE......................................................................... 31
A. Non-Ovi(Service 31
B. Civil Service 31
ARTICLE 19 —SICK LEAVE................................................................................................................................32
SECTION 19.1 —SICK LEAVE ACCRUAL.................................................................................. 32
SECTION 19.2—USE OF SICK LEAVE .................................................................................... 32
SECTION 19.3—PROMPT NOTIFICATION ...............................................................................32
SECTION 19.4—SICK LEAVE ABUSE ..................................................................................... 33
SECTION 19.5—CONDITIONS NOT COVERED.......................................................................... 33
SECTION 19.6— PHYSICIAN'S STATEMENT .............................................................................33
SECTION 19.7—WELLNESS PROGRAM ..................................................................................33
SECTION 19.8—SICK LEAVE INCENTIVE PROGRAM................................................................... 33
ARTICLE 20—JURY DUTY AND COURT APPEARANCES.........................................................................34
SECTION 20.1 —JURY DUTY AND COURT APPEARANCES.............................................................34 '
SECTION 20.2—JOB-RELATED COURT APPEARANCE..................................................... ...... 34
A. Shllt Other than Grave 34
S. Grave Shift ... 35
C. Pyramiding 35
D. Standby Time for Court Appearance 35
ARTICLE 21 — BEREAVEMENT LEAVE............................................................................................................35
SECTION 21.1 — USE OF BEREAVEMENT LEAVE........................................................................35
SECTION 21.2—IMMEDIATE FAMILY..................................................................................... 35
SECTION 21.3— USE OF SICK LEAVE TO SUPPLEMENT BEREAVEMENT LEAVE................................... 36
ARTICLE22— PENSION.....................................................................................................................................36
ARTICLE 23—WORKERS'COMPENSATION PROGRAM..........................................................................36
ARTICLE24—INSURANCE................................................................................................................................36
SECTION 24.1 — MEDICAL/DENTAL PLANS.............................................................................. 36
SECTION 24.2—EMPLOYEE CONTRIBUTION-MEDICAL/DENTAL COVERAGE .....................................37
SECTION 24.3— RETIREMENT HEALTH SAVINGS......................................................................37
SECTION 24.4— HEALTH CARE COMMITTEE ...........................................................................37
SECTION 24.5—LIFE INSURANCE ........................................................................................38
SECTION 24.6—LONG TERM DISABILITY INSURANCE(LTD) ......................................................38
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ARTICLE 25- EDUCATION, SEMINARS AND CONFERENCES...............................................................38
SECTION 25.1 - REIMBURSEMENT FOR TRAINING SEMINARS/CONFERENCES................................... 38
SECTION 25.2-SPECIAL LICENSES AND CERTIFICATES............................................................. 38
SECTION 25.3-EDUCATION-GENERAL............................................................................... 38
SECTION 25.4-REIMBURSEMENT REQUESTS ......................................................................... 39
SECTION 25.5-CLASS ATTENDANCE.................................................................................... 39
SECTION 25.6-REIMBURSEMENT FOR TRAINING .................................................................... 39
ARTICLE 26- LABOR MANAGEMENT MEETINGS....................................................................................40
ARTICLE 27 - HEALTH AND SAFETY..............................................................................................................40
SECTION 27.1 -WORKING CONDITIONS ............................................................................... 40
SECTION 27.2-UNIFORMS AND SAFETY GEAR ....................................................................... 40
SECTION 27.3 - PERSONAL TOOLS....................................................................................... 41
SECTION 27.4- MISCELLANEOUS PROVISIONS........................................................................ 41
ARTICLE 28 - NON-DISCRIMINATION........................................................................................................41
ARTICLE 29 - MILITARY LEAVE......................................................................................................................42
ARTICLE 30-PRIORITY OF STATE AND CITY LAWS/SAVINGS CLAUSE........................................42
ARTICLE 31 - SMOKE FREE WORKPLACE....................................................................................................43
ARTICLE 32-ALCOHOL OR DRUGS IN THE WORKPLACE....................................................................43
SECTION 32.1- DRUG FREE WORKPLACE.............................................................................. 43
SECTION 32.2- DRUG AND ALCOHOL TESTING....................................................................... 43
SECTION 32.3 -INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING .............................. 43
SECTION 32.4- EMPLOYEE TESTING.................................................................................... 44
SECTION 32.5-ALCOHOL TESTING .....................................................................................44
SECTION 32.6-TESTING PROGRAM COSTS ...........................................................................44
SECTION 32.7-REHABILITATION PROGRAM ..........................................................................44
SECTION 32.8- DUTY ASSIGNMENT AFTER TREATMENT............................................................45
SECTION 32.9- RIGHT OF APPEAL.......................................................................................45
SECTION 32.10- UNION HELD HARMLESS.............................................................................45
ARTICLE 33-JOB ROTATION.........................................................................................................................45
ARTICLE34-JOB SHARE.................................................................................................................................46
ARTICLE 35 -VOLUNTEERS AND INTERNS................................................................................................47
ARTICLE 36-CIVIL SERVICE SHIFT BIDDING ........................................................................................47
SECTION 36.1 - POLICE SUPPORT SHIFT BIDDING...................................................................47
Subsection 36.12-Poke Support Bid Rotation ... .... 1 48
SECTION 36.2-CORRECTIONS POSITION BIDDING..................................................................49
Subsection 36.2.1 -ShIft Assignments 49
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Subsection 36.2.2-Brd/Assignment Process.... ........................................ ............ .... . . .. 50
Subsection 36.2.3-Corrections Bid Rotation ....... . 50
ARTICLE 37 - ENTIRE AGREEMENT..............................................................................................................51
ARTICLE38- DURATION..................................................................................................................................51
SIGNATURES..........................................................................................................................................................52
APPENDIX A - SCHEDULE-A„............................................................................................................................ 1
APPENDIXB............................................................................................................................................................ 1
POLICE DEPARTMENT INTERNAL INVESTIGATIVE STANDARDS ..........................................1
SECTION 1 - EMPLOYEE RIGHTS............................................................................................. 1
SECTION 2 - PSYCHOLOGICAL EVALUATIONS.............................................................................3
A. Conditions Under Which Evaluations Will Take Place 3
B. Results of the Evaluation 3
C. DeAnItion . ...... . . . 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 provided
on a quarterly basis to include name, department, date of hire, and hours worked. {
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 — Limited Term Employees
Limited term positions are those within the bargaining unit which are grant-funded or project-
based and have a limited duration of employment, not to exceed three (3) years. Such
positions shall be filled in accordance with Section 3.7 Position Vacancies and shall clearly state
the duration of the position. Limited term positions shall be considered regular positions and
shall be covered by all aspects of the Collective Bargaining Agreement with the exception of
Layoff and Recall provisions, or as modified herein. The position's term may be extended by
the City to complete the project for which it was established. The position's term may also be
extended based on mutual agreement through the Labor/Management process. If the limited
term position is extended or becomes regular and loses limited term status, the incumbent
employee shall have the first right of refusal for the position.
A. Internal Bargaining Unit Applicants
Bargaining unit members hired into a limited term position shall have the right to
assume the regular position they occupied immediately prior to accepting the limited
term position if the limited term position is eliminated. If the incumbent employee
refuses the extended or regular position, they shall have the right to assume the regular
position they occupied immediately prior to accepting the limited term position.
B. Outside/Non-Bargaining Unit Applicants
Newly hired employees in limited term positions shall have no rights to other bargaining
unit positions in the City, if the limited term position is eliminated or if they refuse the
position as extended or as a regular position.
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Section 1.5 — 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 (31") day following the beginning of such 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 1
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.
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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.
ARTICLE 3 — SENIORITY AND EMPLOYMENT PRACTICES
Section 3.1— Probationers
A. Non Civil Service Employees
New Hires: All employees hired or rehired (excluding recalls) 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. For Corrections
Officers who are required to attend the State Correction Academy, the twelve
(12) month probationary period would exclude time spent in the academy.
Probationary employees shall have full access to the grievance procedure except
in cases of disciplinary action.
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 positions, and unless there is a
layoff involved, the bumping procedure shall not apply.
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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 to allow for the completion of twelve (12) months of
satisfactory performance in the employee's regular assignment.
C. Seniority
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.
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
twenty-four (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 or
classification 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 twenty-four (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.
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 twenty-four
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(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 falls 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 AFSCME classification shall add their seniority in that classification to any
seniority in an equivalently compensated or higher compensated AFSCME classification.
Although seniority can accumulate from a higher compensated AFSCME classification to
a lower compensated AFSCME classification or between two (2) equivalently
compensated AFSCME classifications following the line of progression, seniority cannot
accumulate from a lower compensated AFSCME classification to a higher compensated
AFSCME classification. It is understood that employees in non-AFSCME positions shall
not be entitled to bumping rights back into the bargaining unit regardless of that
employee's union representation history.
D. Employees' bumping rights shall be to the position of the least senior employee in the
classification to which they are bumping. Employees choosing not to bump shall be
considered laid off and afforded all benefits and rights accordingly. Employees shall
have three (3) working days (Monday through Friday, excluding holidays) from receipt
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of written "Layoff Notice"to select their bumping option, if they have any. Employees
having bumping rights due to a more senior employee's choice not to"bump"shall have
three (3) days from written notification of these bumping options to make their
selection. Bumping access and seniority credit for positions that have been affected by
a reclassification or reorganization shall be determined on a case by case basis and the
determining factor shall be if the positions are significantly similar.
E. 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.
Any employee bumping into a Civil Service position, must fulfill all the Civil Service hiring
requirements for that position.
No bargaining unit employee may be laid off if there are AFSCME temporary employees working
in the same work unit (all employees under the lowest non-AFSCME supervisor/manager). 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 recall rights.
No bargaining unit member may be laid off without being given thirty (30) calendar days notice
(notice shall include "Notice of Potential Layoff'l. 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 Pay
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. Employees bumping to another position shall not be eligible for severance pay. 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 U.S. mail (or by electronic mail, if such is
requested in writing by the employee), notification of all job openings in the City of Kent. It
shall be the laid off employee's responsibility to keep the City apprised of their current contact
information. The employees shall receive such notification for twenty-four (24) months from
the date of lay-off or reduction. Refusal to accept or acceptance of regular full-time (or regular
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part-time if the employee was laid off from a regular part-time position) employment offered by
the City of Kent during this period in the classification occupied at the time of layoff, shall
terminate the employee's notification right. Laid off employees may cease their notification and
recall rights by providing written notice to the Employee Services Department and the Union.
Section 3.6— Recalls
Regular employees who have been laid off shall have recall rights for twenty-four (24) months
to bargaining unit classifications in which they have earned seniority as defined in Section 3.2
Seniori and Section 3.3 Personnel Reduction. During this twenty-four (24) month period,
recall rights shall be exercised before an AFSCME job opening may be posted for recruitment.
Employees shall be recalled in the order of seniority earned in that classification as defined in
Section 3.2 Senioritv and Section 3.3 Personnel Reduction.
All employees who have been laid off shall also have the right to apply and compete for any
vacancies posted for recruitment in the City. 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. Preferential consideration shall be limited to twenty-
four (24) months. Refusal to accept or acceptance of regular full-time (or regular part-time if
the employee was laid off from a regular part-time position) employment offered by the City of
Kent during this period in the classification occupied at the time of layoff, shall terminate the
employee's recall right.
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
twenty-four (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 seven
(7) working days. Exceptions to the in-house posting may be agreed upon by the parties in
Labor Management.
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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 may establish a certified non-ranked list of qualified applicants. This list may be utilized for
a period up to twelve (12) months for the position and six (6) months for the classification.
Such applicant pool lists shall be established by classification and may be utilized by multiple
departments at the hiring manager's discretion. Once an applicant pool list has been
established for a 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 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, and Records
Specialists, the normal work schedule for employees covered by this agreement shall not
exceed forty (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. Work schedules
may be changed with less than fourteen (14) calendar days notice by mutual agreement
between the employee and management.
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
P 1PUBLIC\Labor\UNI0N\AFSCME12006 Neg\AF 2006 Contract doc Page 9
4-3 to 5-2), and of the schedule determined for new assignments or positions, and the
reasons necessitating it, in order to discuss alternatives and impacts. Provided,
however, that any employee covered in this section who is required to report back to
work between the end of their regular shift and the beginning of their next regular shift
shall be paid at the overtime rate for all hours worked between regular shifts.
Employees must be scheduled with at least twenty-four (24) hours between the time
each regular shift begins. If as a result of shift bidding, an employee's schedule would
not allow for at least twenty-four (24) hours between the time each regular shift begins;
the employee will be provided an opportunity to take a day of leave or adjust their
schedule for the first week of the new rotation only. Except as provided herein, the
Police Administration shall have the right to determine the work schedule.
B. For all employees not covered under Section A above, the regular hours of work each
day shall be consecutive except for lunch periods. The normal work week shall be five
(5) consecutive days of not more than eight (8) hours per day, Monday through Friday,
exclusive of lunch period, except where the work day or work week is different and is
accepted as a condition of employment when the 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, 4/10s, 9/80s, 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) 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. It is management's
responsibility to afford the employee the aforementioned breaks and it is the employee's
responsibility to take those breaks. Barring extenuating circumstances, employees may not
forego breaks without management's prior approval.
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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. Any regular part-time or job share employee who works 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. Regular part-time employees shall not be considered in call back status if
the work is voluntary and pre-scheduled. This section may not apply to 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 in whole or in
part by grants, project funds, or reimbursements shall be paid as overtime and shall not be
eligible for compensatory time accrual when such funding or reimbursement cannot be achieved
if compensatory time is granted in lieu of overtime pay.
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,
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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.
Employees who wish to take compensatory time off must receive pre-approval for such leave
use from management. The City will make reasonable efforts to accommodate such
compensatory leave requests unless it is determined 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.). It is understood that"reasonable efforts"shall not include canceling another
employee's approved vacation leave in order to accommodate the employee's compensatory
leave request.
Section 5.4— Mandatory Standby
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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.
Section 5.5 - ElineMengy Response
A. Employees occupying emergency designated "essential positions" per City Policy shall
not be considered to be on call for that purpose.
B. Police Department personnel who are assigned pagers or cell phones shall carry them at
all times while on-duty and off-duty to provide a means for the department to contact
them in cases of emergency. Employees are not required to carry their cell
phones/pagers while on approved leave. Employees who choose to carry their personal
cell phones in lieu of pagers shall maintain text messaging capability on their cell phones
and keep the department informed of their cell phone information. While off-duty,
unless placed on standby, employees will not be compensated for carrying their
pagers/cell phones. Employees are only required to respond to call backs in cases of
emergency unless extenuating circumstances prevent the response. Examples of
emergency situations include, but are not limited to, natural disasters, riots,
demonstrations, and events which cannot be handled by call up of the next shift.
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ARTICLE 6— UNION ACTIVITIES
Section 6.1 — Attendance at Meetings
With prior notice, the City will grant employees who are designated Union representatives
reasonable time off, with pay, for meetings with City officials, investigating grievances,
grievance meetings, P.E.R.C. or arbitration hearings, labor/management meetings, and contract
negotiations. Meetings between the Local Union representatives and management will be held
during regular working hours, if possible.
The Union representative shall be allowed access at reasonable times to facilities of the City
wherein the employees covered under this Agreement may be working. Access shall be granted
for the purpose of conducting necessary Union business and investigating grievances. The
representative shall normally notify, except where exempted in writing by the Employee
Services Director, the appropriate City official (Department Director and/or Employee Services
Director) prior to arriving on City premises for Union business. In the event such prior
notification cannot be given, and a written exemption has not been provided as stated above,
the Union representative will give such notice to the Employee Services Director or appropriate
Department or Division Director within ten (10) minutes after his/her arrival at City facilities.
Employees whose regular work schedule is a swing shift or a night shift, may be allowed to
adjust their work schedule with prior supervisory approval for the purpose of attending Union
meetings (limited to 12 meetings per year). However, employees may elect to use either
annual leave or compensatory time, if available, for time spent attending Union meetings.
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
i
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. Both parties agree to make every effort to promptly
address Issues which may give rise to grievances at the lowest level possible.
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
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.
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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 16 (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
the grievance. The Division Commander shall answer the grievance within ten (10) working
days after receipt of the grievance.
Step 1C (If Applicable)
For Civil Service employees, if the grievance is not resolved as provided above, it shall be
forwarded to the Deputy Police Chief by the aggrieved employee or Union representative within
ten (10) working days of receipt of the Division Commander's answer to the grievance. The
Deputy Chief shall answer the grievance within ten (10) working days after receipt of the
grievance.
Step 2
If not resolved above, the grievance shall be reduced to writing and submitted to the
Department Director by the aggrieved employee and/or the Union within ten (10) working days
following the completion of Step 1. The written grievance shall include a statement of the
issue, the section(s) of the Agreement allegedly violated, facts of the case, and remedy sought.
A meeting shall be arranged within ten (10) working days with the City and representatives of
the Union. Following that meeting the party responding to the grievance shall give its written
response within ten (10) working days of the completion of the meeting.
Step 3
Grievances not settled to the satisfaction of the Union shall then be presented by the Union
directly to the Mayor or his/her designee within ten (10) working days of the Step 2 response.
A meeting shall be arranged within ten (10) working days between the City, the grievant and
the Union. The Mayor or his/her designee shall then submit a decision, in writing, on the
grievance within ten (10) working days from the completion of the Step 3 meeting. Copies of
the decision shall be provided to the grievant and the Union.
Step 4
In the event the decision reached by the Mayor or his/her designee is unsatisfactory to the
Union, the grievance may, within twenty (20) working days, be submitted to arbitration. If the
parties fail to mutually agree upon an arbitrator, a list of seven (7) names shall be requested
from the Public Employment Relations Commission. The parties shall alternately strike names,
beginning with the respondent, until one (1) name remains, that person shall serve as the
arbitrator. If referred to arbitration:
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(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 parry 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.
5Lep 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 — DiscinlinaryAction
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:
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.
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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.
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.
No materials shall be included in an Employee Personnel file without the knowledge of the
employee and the consent of the Employee Services Director, or designee. Employees may
submit letters or documents related to their employment to the Employee Services Director, or
designee, to be included in their personnel file. Rebuttals to performance evaluations and
disciplinary actions shall be attached and maintained in accordance with the retention schedule
for the document related to the specific employment action.
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, for earlier
removal of documentation, may be approved by the Employee Services Director, or designee.
Written Reprimands: Written reprimands shall be purged from the employee's
personnel file after five (5) years from the date of the
reprimand, provided no other discipline has subsequently
occurred. Purged written reprimands will be kept in an
archived file to be maintained as required by the State
Archives and Records Management Division.
Suspensions: Permanent record of the employee's personnel file.
Demotions: Permanent record of the employee's personnel file.
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ARTICLE 9— WORK STOPPAGES AND EMPLOYER PROTECTION
Section 9.1 —Work Stoppage 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— Discii,linary Measures by Employer
Any employee who commits any act prohibited in this Article may be subject to the following
penalties:
a) Oral reprimand;
b) Written reprimand;
c) Suspension (notice to be given in writing); and/or
d) Discharge.
It is understood that these penalties are not necessarily sequential. Disciplinary action resulting
from violation of this Article will be tailored to the nature and severity of the offense.
ARTICLE 10 — DEPARTMENT WORK RULES
The City agrees to notify the affected employees in advance of changes in written departmental
operating procedures which would affect employees in the bargaining unit. Conferences to
discuss such changes may be arranged prior to the time such changes would become effective.
However, nothing in this section shall be construed to limit the City from exercising its
management responsibilities, provided, however, that when changes in procedure or
department operations would cause a reduction in force or layoff of any employee, such
proposed change, including the effective date shall be provided in writing to the Union in
P 1PUBLIC\Labor\UNI0N\AFSCME12006 Neg1AF 2006 Contract doc Page 18
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, transfer, assign, and retain employees in positions in the City.
E. Suspend, demote, discharge, or take other disciplinary action against such employees
for just cause.
F. Determine the management organization, the selection, retention, and promotion for
occupations not within the scope of this Agreement.
G. Schedule and assign work.
H. Establish work and productivity standards and, from time-to-time, to change those
standards.
I. Make, alter and enforce reasonable rules, regulations, orders and policies.
J. Determine the necessity and amount of overtime and assign such overtime.
K. Determine the use of technology, equipment, methods, means, facilities, organization,
and number of personnel by which departmental operations are to be conducted.
L. Determine whether goods or services are made or purchased.
M. Take whatever actions may be necessary to carry out public safety and essential city
functions in emergency situations.
N. 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
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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 AGENDASIMINUTES
The City will send copies, via interoffice mail or e-mail, of City Council and Civil Service agenda
and minutes to the Union until such time as the information contained therein is made available
electronically and through the City's intranet.
ARTICLE 14— PAY PERIODS
The Employer shall pay all employees twice each month. The City shall pay all regular
employees on the fifth (51h) and twentieth (201h) of each month. In the event the fifth (5") or
twentieth (20th) falls on Saturday, Sunday or holiday, the pay date shall be the preceding non-
holiday, business day. 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 ensure 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
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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 City makes every effort to
initiate the electronic transfer of employee pay on the 4th and 19th 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.
Both parties see the benefit of discussing changes to the current payroll processing
dates/procedures to provide more timely and accurate pay checks. Once the City has
consensus from all bargaining units within the City to participate, a committee may be formed
to meet and discuss ways to enhance the payroll process. The city wide committee shall be
comprised of two (2) representatives from each bargaining unit, two (2) non-represented
employees, and two (2) management representatives. Final recommendations of this
committee regarding payroll process changes will then be taken back to the respective Union
membership for ratification. However, such recommended changes may require all employee
groups' ratification prior to implementation.
ARTICLE 15 —WAGES, COMPENSATION AND LONGEVITY
Section 15.1 —Wage
s
Each regular bargaining unit employee shall receive an additional $150 (less applicable taxes).
Effective January 18, 2006, a cost of living adjustment that is equivalent to one hundred
percent (100%) of the CPI-W Seattle-Tacoma-Bremerton, June to June, which is 2.3%, shall be
applied to all Bargaining Unit classifications and salary ranges listed in schedule "A"of this
agreement.
Effective January 1, 2007, a cost of living adjustment that is equivalent to ninety percent (90%)
of the Seattle—Tacoma-Bremerton CPI-W, June to June, shall be applied to all Bargaining Unit
classifications and salary ranges listed In schedule "A"of this agreement.
Effective January 1, 2008, a cost of living adjustment that is equivalent to ninety percent (90%)
of the Seattle-Tacoma-Bremerton CPI-W, June to June, shall be applied to all Bargaining Unit
classifications and salary ranges listed in schedule "A" of this agreement.
Section 15.2— Salary Structure
A. The salary range for employees in Appendix A of this agreement shall consist of five
steps, A through E, with approximately five percent (5%) between each step.
B. New Hires. New employees hired into steps A through D will be eligible for a step
increase after successfully passing their twelve (12) month probationary period. After
the first step Increase as stated above, the employee shall be eligible for step increases
P 1PUBLIC\Labor\UNI0N\AFSCME12006 Neg\AF 2006 Contract doc Page 21
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 (511/o) 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.
I
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 1/2%) 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 1/2%) 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.
Section 15.3 —Job Descriptions and Reclassification Requests
Job descriptions for all represented employees shall be maintained by the Employee Services
Department. All changes to Job descriptions shall be presented to the Union prior to any formal
acceptance of the changes. This does not confer upon the Union approval rights.
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. 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.
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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 $120 per month
B. Those employees who have attained a "Junior"status at an accredited university or
college will receive the same compensation as an employee with an AA degree. In order
to qualify for the compensation all of the credits earned must be consolidated with one
accredited university or college. It is the employee's responsibility to provide proof of
qualification.
C. Compensation will be provided based upon the highest educational level attained and
there shall be no pyramiding of educational degrees.
Section 15.6— Shift Differential Pay (Police Sunuort)
A. Employees who are assigned to a regular workweek of five (5) consecutive days on and
two (2) consecutive days off or four (4) consecutive days on and three (3) consecutive
days off will receive shift differential pay as follows:
1. Employees who work shifts which normally commence after the hours of 11:00
a.m. or before 5:00 p.m. shall be considered swing shift personnel and shall
receive a differential pay of twenty cents ($.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,
P 1PUBLIC\Labor\UNI0NWFSCME12006 Neg1AF 2006 Contract doc Page 23
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.
The employee assigned to work in an AFSCME position of a higher classification shall be
placed at the step that represents a minimum of ten percent (10%) increase, 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.
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I
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.
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;
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2. There would normally be a supervisor working the affected shift; and
3. The Support Services Manager or another member of the police administration
does not assume the responsibilities of the supervisor.
E. Longevity pay shall not be Included or changed from that of the employee's base salary.
Acting pay shall be included in overtime calculations.
F. Acting pay assignments shall be communicated 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.
Section 15.9 — Corrections Accreditation Pay
The salary levels provided in Appendix A for Corrections Officers and Corrections Sergeants
shall be Increased by one percent (1%) in recognition of the Kent Correctional Facility's national
accreditation. Such accreditation pay shall be effective the first of the month following the Kent
Corrections Facility's obtaining It's national accreditation, and shall remain in effect while the
Facility retains Its national accreditation status.
Section 15.10—Custodian Specialty Pax
The custodian assigned to the Senior Center will be paid a specialty pay of $0.50 per hour for
the oversight of work time credit inmates. This specialty pay will only be paid while there is no
Custodial Supervisor or Lead available on the same shift.
ARTICLE 16 — EMERGENCY CONDITIONS
In the event of a natural disaster, threat/act 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.
P 1PUBLIC\LabcrWNI0MAFSC1V1E12006 Neg\AF 2006 Contract doc Page 26
i
ARTICLE 17 — HOLIDAYS
Section 17.1 — Holidays Observed
A. The following holidays shall be paid holidays for all employees covered by this
Agreement.
New Year's Day 1st Day of January
Martin Luther King's Birthday 3rd Monday of January
President's Day 3rd Monday of February
Memorial Day Last Monday in May {
Independence Day 4th Day of July
Labor Day 1st Monday in September
Veteran's Day lit" Day of November
Thanksgiving Day 4t" Thursday of November
Day After Thanksgiving Day after Thanksgiving
Christmas Day 25th Day of December
Two (2) Personal Holidays Scheduled with Management Approval
Other holidays as proclaimed by the Mayor and/or City Council
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
1. To be eligible for holiday leave pay, an employee must be fully paid on the City's
payroll the work day preceding and the work day following an observed holiday as
specified in Section 17.1. An employee on leave without pay for any portion of the
scheduled work day preceding or following the holiday is not eligible for holiday pay.
2. 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
P 1PU13LIC\LaborIUNI0N\AFSCME2006 Neg1AF 2006 Contract doc Page 27
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.
3. 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
1. 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 1s` of each year.
2. Regular Part-time employees of the bargaining unit shall accrue holiday hours based
on their actual hours compensated and shall participate in the holiday bank identified
above on a prorated basis. Initial bank hours shall be established based on
budgeted hours and shall be adjusted to reflect compensated hours on the following
month.
3. Employees 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
1. 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.
2. 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
1. 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(1-112) times the
regular base pay for all hours worked. However, employees who work Thanksgiving
P\PUBLIC\Labor\UN1MAF3CME\2006 Neg\AF 2006 Contract doc Page 28
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.
2. 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.
3. 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.
4. 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.
5. Police Support and Non-Shift Corrections Employees: Non-24-hour-shift employees
whose normal work 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 at least fourteen (14) calendar days before the
holiday of their intent to work.
In addition, these employees may submit a written request at least fourteen (14)
calendar days in advance to work on New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, or Christmas Day. Such
request must be pre-approved by management prior to the employee being able to
work on such holiday(s).
6. Police Support: Employees in classifications which require them to work their
scheduled shift on holidays shall have the option of submitting a written request for
the holiday(s) off with at least 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.
7. 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.
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E. Holiday Use Restrictions
1. 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.
2. 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).
3. Further, employees may not schedule holiday(s) off prior to having earned the
holiday(s) as defined in Section 17.2.A.1 — Eligibility. In essence, although the
holiday hours for the year are placed in the employee's leave bank at the beginning
of the year, employees may not schedule to take a holiday day(s) off except to make
up for a holiday day(s) previously worked. Employees may, however, use
supplemental hours from a holiday not yet earned if it is necessary in order for an
employee to have a full "day" off.
F. Cash Out
1. Holiday hours not used during the year will be bought back by the City at the end of
the year at the same time as the December 5th paycheck. Employees must submit
their written holiday leave cash out requests to their department director no later
than November 20th 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. As of November 20th of each year, employees may reserve up to
fifty (50) holiday hours to cover the remaining holidays in the year, unless they have
existing pre-approval for using holiday hours already earned but not used. All
holiday hours above fifty (50) will be automatically cashed out by the City in the
December 5th paycheck, unless more is kept for pre-approved use as described
before.
2. All holiday hours not cashed out on the December 51h paycheck or used by
December 315t will be carried over to the next year.
ARTICLE 18—ANNUAL LEAVE
Section 18.1 —Annual Leave Accrual
Regular full time bargaining unit members shall receive annual leave benefits in accordance
with the following schedule:
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
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ANNUAL MONTHLY
COMPLETION OF: VACATION HOURS VACATION 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.
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.
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ARTICLE 19 — SICK LEAVE
Section 19.1 — Sick Leave Accrual
Regular full-time employees will accrue eight (8) hours of sick leave for each continuous month
of service.
Regular part-time employees'sick leave accrual will be pro-rated based upon the total hours
compensated each month. 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 31st 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. Police
Department employees assigned to shift work who are incapacitated by illness or injury shall
notify an on-duty supervisor in their unit at least one (1) hour before the start of their shift. If
there is no supervisor working, the employee shall advise an on-duty co-worker in their unit.
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:
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
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Incentive pay would be granted in January of the following year. Employees shall have the
ability to have their cash incentive added to their paycheck or deposited into their Retirement
Health Savings Account starting with the incentive paid in January 2007. 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:
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.
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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.
Members of the bargaining unit may be eligible to receive up to one (1) day of paid
bereavement leave to attend a funeral for a co-worker. Employees must receive their
supervisor's approval prior to attending such funeral to ensure the operations of the City shall
not be interrupted.
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.
P 1PUBLIC\Labor\UNI0NIAFSCME12006 Neg\AF 2006 Contract doc Page 35
Such request must be submitted to and approved by the Employee Services Director, or
designee, and must explain the relationship of the person(s) Involved, either as family or non-
family member(s).
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 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.
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 V.S.P. Vision; and
2. Group Health Cooperative (HMO), includes co-pays as required by Group Health
Cooperative, Premera Blue Cross Dental 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.
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By mutual agreement, the parties may reopen this section in 2007 for the negotiations of
possible Implementation of a third healthcare plan, which may Include a Health Savings Account
(HSA), to be effective no sooner than 2008.
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 January 1, 2006, employees shall pay ten percent (10%) of the total health care
Insurance premium paid Into the employee's respective health Insurance program.
Blue Cross City Pays Employee
EMPLOYEE COVERAGE Total Premium 90% Pays 10%
Employee Only $ 486.26 $ 437.64 $ 48.62
Employee/Spouse 991.78 892.60 99.18
Employee/Children 936.44 842.80 93.64
Employee/Spouse/Children 1,431.68 1,288.52 143.16
Group Health City Pays Employee
EMPLOYEE COVERAGE Total Premium 90% Pays 10%
Employee Only $ 407.36 $ 366.62 $ 40.74
Employee/Spouse 898.30 808.46 89.84
Employee/Children 815.48 733.94 81.54
Employee/Spouse/Children 1,287.64 1,158.88 128.76
Effective January 1, 2007, employees shall pay eight percent (8%) of the employee portion and
twelve percent (12%) of the dependent(s) portion of the health care insurance premium Into
the employee's respective health Insurance program.
Effective January 1, 2008, employees shall pay six percent (6%) of the employee portion and
fourteen percent (14%) of the dependent(s) portion of the health care Insurance premium into
the employee's respective health insurance program.
If for any reason, non-represented employees pay a lower cumulative employee and dependent
premium than outlined above, all members of this bargaining unit shall be covered by the lower
cumulative employee and dependent premium schedule.
Section 24.3 — Retirement Health Savings
By no later than January 1, 2007, the City shall establish a retirement health savings program in
which bargaining unit members may voluntarily participate.
Section 24.4— Health Care Committee
The Union is entitled to two (2) representatives to participate in the City's Health Care
Committee.
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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.
ARTICLE 25 — EDUCATION, SEMINARS AND CONFERENCES
Section 25.1 — Reimbursement for Training Seminars/Conferences
Employees will be granted reasonable amounts of time off and full financial reimbursement for
attending training programs/seminars/conferences whenever such training is work related and
attendance has prior approval of the City.
Employees who conduct authorized, official City business or participate in conferences as official
representatives of the City while outside the City shall be reimbursed for authorized expenses
and paid their regular wages for participation.
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
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3. Associated fees (i.e., lab fees, parking fees, materials).
If an employee is attending an accredited State institution, the employee shall be reimbursed
based upon that institution's tuition schedule. If an employee Is attending a non-State
supported institution, the employee shall be reimbursed on the basis of the University of
Washington tuition schedule.
Section 25.4 — Reimbursement Requests
The employee must submit a written request to the Department Head. The request should
Include:
1. Course list and content;
2. Reason for taking the course and its relatedness to Department business; and
3. Appropriate cost.
Once the education reimbursement request is approved by the Department Head, the cost will
be included in the budget, subject to budget mandates. Once approved by the Department
Head, the department will make a good faith effort to have the budget approved by the
Council. Interim changes shall be considered by the Department Head and acted on only if
budget is available.
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
P%PUBLICILabor%UNI0NWFSCME12006 Neg1AF 2006 Contract doc Page 39
not received within thirty (30) days will not be considered for reimbursement, unless good
cause is shown.
ARTICLE 26— LABOR MANAGEMENT MEETINGS
The City and the Union agree that a need exists for closer cooperation between labor and
management, and that from time to time suggestions and complaints of a general nature
affecting the Union and the City need consideration. To accomplish this end, the City and the
Union agree that Labor-Management meetings shall be conducted for that purpose. Said
meetings shall occur as needed and agreed to by both parties for the purpose of discussing and
facilitating the resolution of problems which may arise between the parties other than those for
which another procedure is provided by law or by other provisions of this Agreement. Meetings
may be suspended by agreement of both parties.
ARTICLE 27 — HEALTH AND SAFETY
Section 27.1 —Working Conditions
All work shall be done in a competent and professional manner, and in accordance with State,
Federal and City Safety Codes and with ordinances and rules relating to this subject.
It shall not be considered a violation of this Agreement if any employee refuses to work with
unsafe equipment, or when the facilities and services are not being maintained in a reasonably
sanitary condition. If an employee has justifiable reason to believe that his/her safety and
health are in danger due to an alleged unsafe working condition, or alleged unsafe equipment,
he/she shall inform his/her manager who shall have the responsibility to determine what action,
if any, should be taken, including whether or not the job should be shut down.
A grievance involving an alleged violation of this Article may be submitted directly to Step 2 of
the grievance procedure and a grievance hearing shall be promptly scheduled.
Section 27.2 —Uniforms and Safety Gear
The City shall provide uniforms for those employees who are required to wear them as part of
their employment as follows:
Public Education Specialists: Purchase two (2) pair slacks, three (3) uniform shirts and
one (1) skirt (altered as necessary)
Fire Mechanics: Purchase five (5) uniforms and lease eleven (11) coveralls, Fire
Department approved costs as needed
Custodians, Custodial Leads, Custodial Supervisor, Printing Technician, Production
Assistant and Courier: Rent/purchase and launder eleven (11) shirts, eleven (11)
pants, three (3) jackets.
Inspectors: Purchase and launder three (3)jackets, or 2 jackets and one pair of
coveralls for work purposes.
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Purchased uniforms shall be laundered by the employee at his/her expense. In addition, any
excessive damage to purchased uniforms will be repaired or replaced at the City's expense.
Employees in positions that require wearing W.I.S.H.A. approved safety boots will be
reimbursed for up to 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 and Records Supervisor positions in Police in the amount of $350.00, based
on a receipt and reimbursement method.
New Police Support employees eligible for the clothing allowance will be provided a $350.00
start-up uniform allowance (said start-up may be included in the employee's first paycheck less
applicable deductions, at the employee's written request). 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 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,
P 1PUBLIC\Labor\UNIONWFSCME12006 Neg1AF 2006 Contract doc Page 41
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 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.
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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 Work Ip ace
The City and Union agree that the City of Kent shall be a drug free work place (including work
sites outside the City limits). The use of alcohol and/or illegal drugs during working hours, or
reporting for work under the influence of either is strictly prohibited and grounds for disciplinary
action.
It is expected that an employee will seek appropriate medical help for alcoholism, and/or
chemical dependency through the Employee Assistance Program.
Section 32.2 — Drug and Alcohol Testing
All members of the bargaining unit shall comply with City Policy #2.25 — Substance Abuse,
subject to the provisions of this Collective Bargaining Agreement and specifically the provisions
of this Article. Random testing, however, shall only apply to those employees required to carry
a commercial driver's license (CDL) as a condition of employment.
Section 32.3 — Informing Employees About Drug and Alcohol Testing
All employees shall be fully informed of this drug and alcohol testing policy. Employees will be
provided with information concerning the impact of the use of alcohol and drugs on job
performance. In addition, the City shall inform the employees on how the tests are conducted,
what the tests can determine and the consequence of testing positive for drug use. No
employee shall be tested before this information is provided to him/her. Employees who
voluntarily come forward and ask for assistance to deal with a drug or alcohol problem shall not
be disciplined by the City.
The City encourages employees to seek treatment for drug and alcohol abuse voluntarily. To
encourage employees to do so, the City makes available the Employee Assistance Program
(E.A.P.). Any employee who notifies the City of alcohol or 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.
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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 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.
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If an employee tests positive during the one (1) year period following completion of
rehabilitation, the employee will be re-evaluated by an E.A.P. counselor to determine if the
employee requires additional counseling and/or treatment. The employee may be solely
responsible for any costs, not covered by medical benefits/insurance, which arise from this
additional counseling or treatment.
Section 32.8—Duty Assignment After Treatment
If the duty assignment for an employee is modified or changed as a result of a rehabilitation
program, then after an employee successfully completes his/her rehabilitation program, the
employee shall be returned to the regular duty assignment held prior to the rehabilitation
program. Once treatment and follow-up care is completed, and one (1) year has passed with
no further violations of this article, the employee's personnel and medical files shall be purged
of any reference to his/her drug problem or alcohol problem.
Section 32.9 — Right of Appeal
The employee has the right to challenge the result of the drug or alcohol test and any discipline
imposed in the same manner that he/she may grieve any other City action.
Section 32.10— Union Held Harmless
This drug and alcohol testing program was initiated at the request of the City. The City
assumes the sole responsibility for the administration of this Article and shall be solely liable for
any legal obligations and costs arising out of the provisions and/or application of this collective
bargaining agreement relating to drug and alcohol testing. The Union 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
The City may fill temporary vacancies, which occur and are determined by the City to be
appropriate for job rotation, at the same or higher level classification based on the duties and
responsibilities assigned by the City to the job rotation position. The job rotation opportunity
shall be posted for all Bargaining Unit employees first. If no bargaining unit employees apply
for the job rotation, the City may, at its discretion, post for and fill the job rotation position with
any regular employee(s) of the City. If an employee from another bargaining unit is selected to
fill the vacancy, the City and concerning unions will work out the details of the employee's
representation status while filling the job rotation position.
The employee(s) filling the job rotation position shall be compensated at the step in the salary
range for the job rotation position as posted, which represents a minimum of five percent (5%)
increase from the employee's base position salary, not to exceed the maximum of the job
rotation position's salary range. Such compensation shall begin at the commencement of the
job rotation.
The employee selected for job rotation shall be notified of the start date and termination date
of such rotation including any changes thereof. The job rotation must be approved by the
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coming and going department directors. Either one of the department directors or the
employee may terminate the job rotation prior to the termination date with at least two (2)
weeks notice to all parties, unless a shorter notification period is mutually agreed to by the
concerning parties.
AFSCME bargaining unit 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.
S JOB—4 ARTICLE HARE
C 3
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 Job share
employees. However, approval of any work schedule and/or 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
P\PUBLIC\Labor\UNIONb4FSCME\2006 Neg\AF 2006 Contract doc Page 46
employee who does not fill the full time position shall have bumping/reversion rights to their
previously held position Immediately prior to the job share arrangement in accordance with
Article 3, Section 3.3 — Personnel Reduction of this Agreement, if that previous position was
represented by AFSCME at the time the employee accepted the job share assignment.
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, either as a result of a decision outlined above or by one of
the employees leaving the position or the City, 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. All layoff rights shall not apply to an employee who
terminates the Job Share arrangement by separating from City employment.
ARTICLE 35—VOLUNTEERS AND INTERNS
The City and the Union agree that volunteer and Intern programs (including work release) can
be mutually beneficial to the City, employees and citizens of Kent. The parties recognize that
such programs provide a sense of community Involvement and require a commitment of time
and service on behalf of the volunteer and intern. To that end, the City is committed to
working in partnership with the Union to build successful volunteer and intern programs.
The use of volunteers and interns will not supplant bargaining unit positions. No bargaining
unit member shall be laid off as a result of volunteer and intern programs. The use of
volunteers shall not result in a loss of overtime opportunities for bargaining unit members.
Successful volunteer and intern programs require leadership and coordination with employees.
Any such opportunities may be made available to the bargaining unit employee(s) so affected.
In addition, said bargaining unit member shall receive appropriate compensation for performing
these duties.
The City and the Union will meet in a labor-management forum and come to mutual agreement
prior to Implementing any new volunteer and Intern programs.
ARTICLE 36 —CIVIL SERVICE SHIFT BIDDING
Section 36.1 — Police Support Shift Bidding
A. Work assignments for Records Specialists 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
P 1PUBLIC1abor\UNIONIAFSCME12006 NegWF 2006 Contract doc Page 47
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 rotation. Those assignments
shall commence the first Sunday in January, May and September.
C. During their probationary period, Records Supervisors and Records Specialists may be
placed in work assignments based on training needs.
D. Every second bid rotation (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.
E. The bid processes for each rotation shall occur according to the schedule outlined in
Subsection 36.1.2.
F. Individuals unable to report for work by the start of a new rotation will not participate in
the bidding process for that rotation and shall be assigned by the City to a work
assignment for that specific rotation.
G. No early or late work assignment preference bids shall be accepted.
H. The Employer reserves the right to bar individuals from bidding where required by
business necessity.
Subsection 36.1.2 — Police Support Bid Rotation
Support employees work four-month shift assignments as follows:
1. First Rotation — Schedule commences on the first Sunday in January with day shift and
shift bidding commences as follows:
September 1 — 6 Police Specialist Supervisor bid is open
September 7 — 28 Police Records Specialist bid is open
September 29 Final schedule is posted
2. Second Rotation — Commences on the first Sunday in May with day shift and position
bidding commences as follows:
February 1 — 6 Police Specialist Supervisor bid is open
February 7 — 28 Police Records Specialist bid is open
March 1 Final schedule is posted
3. Third Rotation — Commences on the first Sunday in September with day shift and
position bidding commences as follows:
P PUB LIC\Labor\UN ION\AFSCME\2006 Neg\AF 2006 Contract doc Page 48
June 1 — 6 Police Specialist Supervisor bid is open
June 7 — 28 Police Records Specialist bid is open
June 29 Final schedule is posted
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 rotation 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
rotation 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 rotation will not participate in the bidding process for that rotation
and shall be assigned by the City to a work shift for that specific rotation. Employees
who are on or will be on leave shall be responsible to provide documentation from
person(s) of authority (i.e. doctor, military commander, etc.) certifying that they are
expected to return for at least half of the rotation to be eligible to bid for shifts in that
rotation.
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.
P\PUBLIC\Labor\UNI0N\AFSC1V1E\2006 Neg\AF 2006 Contract doc Page 49
Subsection 36.2.2 - Bid/Assignment Process
The following provisions shall control the process of bidding and assignment in accordance with
the above guidelines:
A. Shift/days off preference shall be selected by the affected employee during the
established bidding period. This preference may not be changed by the employee.
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 rotation.
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. If an employee selects an invalid/ineligible shift when other option(s)
are available, the employee shall move to the end of the bid eligibility list. Sergeants
shall not be limited in their bid based on previous days off.
G. Employees shall complete their bid selection within 24 hours from the initial notification
of their individual bid choices.
H. The attached and appropriate rotation(s) shall be used for the bidding. In the event
that there are sixteen (16) Corrections Officer positions, the rotations) from the
previous contract will be used. However, if less than sixteen (16) Corrections Officers
are bidding during the process, the procedures outlined in Subsection 36.2.2 (1) shall
apply.
I. If less than fifteen (15) Corrections Officers are bidding during the process, the City may
freeze up to the number of shifts equal to the number of Corrections Officers ineligible
to bid (for example: If there are thirteen (13) Corrections Officers bidding, the City may
freeze up to two (2) shifts). The frozen shift(s) (day, swing and grave) and the number
of each to be frozen shall be noted prior to starting the bid process. The specific
positions to be frozen shall be the last positions bid upon for the given shift.
Subsection 36.2.3 — Corrections Bid Rotation
Corrections Officers work four (4) months with assigned shift and days off.
1. First Rotation — Schedule commences on the first Sunday in January with day shift and
position bidding commences as follows:
P 1PUBLIC\Labor\UNI0NWFSCME12006 NegWF 2006 Contract doc Page 50
i
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 Rotation — 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 Rotation — 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
June 29 Final schedule posted
ARTICLE 37 — ENTIRE AGREEMENT
The agreement expressed herein in writing constitutes the entire Agreement between the
parties and no oral statements shall add to or supersede any of its provisions.
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, 2006 and shall remain in full force and
effect through December 31, 2008.
P IPUBLIC\LaborlUNiOMAFSCME0006 Neg\AF 2006 Contract doc Page 51
ARTICLE 38 — DURATION
This Agreement shall become effective on January 1, 2006 and shall remain in full force and
effect through December 31, 2008.
SIGNATURES
Signed this -day of 2006, at Kent, Washington.
CITY OF KENT WASHINGTON STATE COUNCIL OF COUNTY
AND CITY EMPLOYEES UNION, LOCAL #2617
BY BYw Z L2.Ve 6
ze a coke Rob M. Sprague
Ma r Staff Representative
BY L BY
ue Viseth Kathleen Senecaut
Employee Services Director President
BY BY �/ I66
Anh Hoang Debra Leroy
Labor Relations Manageto Vice President
Approved as to form:
BY
Tom Bruba er
City Attorney
Attest by:
City Clerk
P.\PUBLIC\LCC\Labor\UNION\AFSCME\Contracts\AF 2006 Contract.doc Page 52
APPENDIX A - SCHEDULE"A"
EMPLOYEE CLASSIFICATION PAY RANGE
Accounting Services Asst I AF 14
Accounting Services Asst II AF 18
Accounting Services Asst III AF 22 (Police Accounting Assistants)
Accounting Technician AF 25
Accounting/Administrative Coordinator AF 30
Administrative Assistant I AF 23 (Police Administrative Assistants)
Administrative Assistant II AF 27 j
Administrative Secretary I AF 20
Administrative Secretary II AF 23
Administrative Services Supervisor AF 32
Assistant Building Official AF 39
Code Enforcement Officer AF 34
Combination Building Inspector AF 34
Contract Specialist AF 27
Corrections Officer AF 26 (effective 1/18/06)
Corrections Sergeant AF 32
Custodial Lead * AF 20
Custodian * AF 13
Customer Services Representative AF 22
Department Systems Support Spec AF 25
Deputy City Clerk AF 25
Development Permit Technician AF 27
Development Permit Technician Lead AF 29
Evidence Custodian AF 23
Evidence Technician AF 28
Evidence Technician Supervisor AF 32
Facilities Services Supervisor AF 30
Facilities Specialist AF 25
Financial Analyst AF 30
Financial Services Supervisor AF 32
Fire Apparatus Mechanic AF 33
Fire Equipment Maintenance Supervisor AF 37
Legal Secretary I AF 22 (effective 1/18/06)
Multimedia Lead AF 29 (effective 1/18/06)
Multimedia Specialist I AF 20
Multimedia Specialist II AF 27 (effective 1/18/06)
P\PUBLIC\Labor\UNI0MAF3C1V1E\2006 Neg\AF 2006 Contract doc Page 1
EMPLOYEE CLASSIFICATION PAY RANGE
Office Technician I AF 12
Office Technician II AF 16
Office Technician III AF 20
Plans Examiner AF 37
Police Office Technician AF 21
Police Records Specialist AF 22
Police Specialist Supervisor AF 29
Police Word Processing Technician AF 17
Printing Technician AF 20
Production Assistant AF 12
Program Coordinator— Emergency Mgmt AF 32
Property Management Technician AF 27
Prosecution Paralegal AF 28
Public Education Specialist AF 29 (effective 1/18/06)
Records Administrator AF 32
Research & Development Analyst AF 34
Senior Accountant AF 38
Senior Financial Analyst AF 34
Support Services Specialist AF 24
Video Production Specialist AF 27
* 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.
P 1PUBLIC%LaborIUNI0NIHFSCME12006 Negb4F 2006 Contract doc Page 2
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 employee, 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 members of this bargaining unit 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 (greater than written reprimand); 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. Any employee interviewed in an investigation must, at the time of an interview, be
informed of the name of the employee in charge of the investigation and the name of
the employee who will be conducting the interview.
D. Any employee who is the subject of an investigation shall be informed, in writing, at
least twenty four (24) hours before any interview of the following:
1. That the employee is considered a subject of the investigation at that stage,
2. The nature of the investigation,
3. Who is the complainant and/or the victim,
4. What allegedly took place,
5. When it allegedly happened, and
6. Where it allegedly happened.
P TUB LIC1abor\UN10NVIFSCMEM06 Neg\AF 2006 Contract doc Page
The employee shall also 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.
E. Employees placed on paid administrative leave pending an investigation may be placed
on Day shift to be available for interviews during normal City business hours.
F. The interview of any 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.
Interviews shall be completed under circumstances devoid of improper intimidation or
coercion. 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.
G. 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.
H. No employee shall be required to submit to a polygraph examination. The employee will
not be dismissed or have any other penalty imposed upon them for not taking this
examination. This provision shall not apply to the initial application process for
employment.
I. Employees retain all of their constitutional rights. During an investigation in which an
employee has been given their Garrity rights, the employee will be compelled to answer
questions directly related to and narrowly focused on the investigation. However, any
information gained from the employee cannot be used against that employee in any
criminal investigation.
J. 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.
P 1PUBLIC1Labor\UNIQNWFSCME12006 NegWF 2006 Contract doc Page 2
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.
P 1P1JBLICTabor\UNIONWSCME12006 NegWF 2006 Contract doc Page 3
Corrections Bid Rotations
Rotation 1 Sun Mon Tue Wed Thu Fri Sat
C/S t 1 Day Day Day Da
C/S t 2 Da Swing =, ° ,,, P,. Da Da
C/S t 2 Swinq Swing Swing Swing _
C/S t 4 Swing Grave Grave Grave
C/S t 5 Grave sr �' °3� � Grave Grave Grave
C/Ofc 1 gin` Day Day Swing* Swing*
C/Ofc 2 Day Day Day Da
C/Ofc 3 Day Day Day Day ` r;14 , -
C/Ofc 4 Da Day Day Da
C/Ofc 5 Da Da `' _� _ Da Da
C/Ofc 6 -;IP Day Day Day Da
C/Ofc 7 =�.- ` _= Swing SwingSwing Swing
C/Ofc 8 Swing Swing Swing °` F ^� Swing
C/Ofc 9 Swing Swing Swing Swing
C/Ofc 10 Swing SwingI'x_ Swing Swing
C/Ofc 11 Grave Grave Grave Grave
C/Ofc 12 Grave Grave Grave Grave
C/Ofc 13 Grave Grave Grave Grave
C/Ofc 14 Grave = Grave Grave Grave
C/Ofc 15 I Grave Grave -;<< s Grave Grave
*Note: C/Ofc split shift Swing shift is 1030 - 2030
Rotation 21 Sun Mon Tue Wed Thu Fri Sat
C/S t 1 Day Day Day Da
C/S t 2 Day Day Day Swing
C/S t 2 Swing Swing Swing Swing
C/S t 4 Gravei Swing Grave Grave
C/Sgt 5 Grave Grave Grave Grave
C/Ofc 1 ..:_ Day Day Day Da
C/Ofc 2 Day Day Da - Da
C/Ofc 3 Da Da Da Da
Day
C/Ofc 4 D Da
Da Da
C/Ofc 5 - ` F Day Day Day Da
C/Ofc 6 Day Day Swing* Swing*
C/Ofc 7 tee- _-_ Swing Swing Swing Swing
C/Ofc 8 Swing Swing Swing Swing
C/Ofc 9 Swing Swing Swing Swing
C/Ofc 10 Swing Swing Swing Swing
C/Ofc 11 ; y Grave Grave Grave Grave '`
C/Ofc 12 - - _ - Grave Grave Grave Grave I=
C/Ofc 13 Grave Grave Grave - V`_ =' _ - r~� Grave
C/Ofc 14 Grave Grave : Grave Grave
C/Ofc 15 Grave Grave Grave Grave
*Note: C/Ofc split shift Swing shift is 1030 -2030
Rotation 31 Sun I Mon Tue wed Thu Fri Sat
C/Sgt I Day
� - -,sE Day Day- Day
Day Day Day Swin 77, 7777 7 7�7
n
C/Sgt 2 9 - -
C/Sgt 2 Swing Swing C"WI
Swing Swing
C/Sgt 4 Swing Grave Grave Grave
C/Sgt 5 Grave Grave Grave Grave
C/Ofc 1 Day Day
Day Day
C/Ofc 2 Day
Day Day Day
C/Ofc 3 Day Day Swing* Swing*
C/Ofc 4 Day Day Day Day IiIila'% P"', 4,
C/Ofc 5 Day Day Day Day
C/Ofc 6 Day Day Day
Day
C/Ofc 7 Swing Swinq Swing Swing
C/Ofc 8 Swing Swing Swing Swing
A
C/Ofc 9 Swing Swing fm M
Ow"in I'-,;1� Swing Swing
Swing Swing Swing
C/Ofc 10 tt-Mi,` XkI�-'--T Swing
C/Ofc 11 Grave Grave - I Grave Grave
C/Ofc 12 Grave Grave Grave Grave
C/Ofc 13 ,-t - ,'� ,
Grave Grave Grave Grave
C/Ofc 14 Grave Grave Grave Grave
C/Ofc 15 Grave Grave Grave Grave
*Note: C/Ofc split shift Swing shift is 1030- 2030
Rotation 41 Sun I Mon I Tue I Wed I Thu I Fri Sat
C/Sgt 1 4�,1 3, - -
'7- W Day Day Day Day
Day
C/Sgt 2 Day Day n
S
w
C/Sgt 2 Swi Swin Swing Swing Swing
C/Sgt 4 Swing Grave
avv
e Grave
avv
e Grave
CjSgt 5 Grave Grave 14= Grave Grave
C/Ofc I Day Day Day Day
C/Ofc 2 Day Day Day Day
C/Ofc 3 Day Day Day Day
C/Ofc 4 Day Day I I I - -
Day Day
C/Ofc 5 Day Day Day Day
C/Ofc 6 Pay Day Swing* Swing*
C/Ofc 7 -Z Swing Swing Swing Swing
C/Ofc 8 Swing Swing Swing Swing
C/Ofc 9 Swing Swing Swing Swing
C/Ofc 10 Swing Swing Swing Swinq
C/Ofc 11
Grave Grave Grave Grave
C/Ofc 12 Grave Grave Grave Grave
C/Ofc 13 Grave Grave Grave Grave
C/Ofc 14 Grave Grave Grave Grave
C/Ofc 15 Grave I Grave Grave Grave
*Note: C/Ofc split shift Swing shift is 1030 - 2030
Rotation 5 Sun Mon Tue Wed Thu Fri Sat
C/Sgt 1 Day 2,ay Day Day
C/Sgt 2 Swing 7=4t 7
Day Day Day
C/Sgt 2 Swing Swing Swing Swing
C/Sgt 4 Grave Grave Grave Swing
C/Sgt S
it— j- Grave Grave Grave Grave
C/Ofc I Day Day Day Day
C/Ofc 2 Day Day Day Day
C/Ofc 3 Day Day Day Day
C/Ofc 4 Day Day IWN-iY-F, �W
Pi
11 , �P , - Day Day
C/Ofc 5 Day Day Day Day
C/Ofc 6 Day Day Swing* Swing*
C/Ofc 7 Swing '_M"; .Iyk �W Swing Swing Swing
C/Ofc 8 2 Swing Swing Swing Swin
C/Ofc 9 Swing Swing
Swing Swing
C/Ofc 10 '1"i
Swing Swing Swing Swing
C/Ofc 11 Ar 7, Grave Grave Grave Grave
C/Ofc 12 Grave Grave Grave Grave
C/Ofc 13 Grave Grave Grave -,74 _14, -2,
Grave
Grave Grave Grave
Grave
C/Ofc 14
C/Ofc 15 Grave —Grave Grave Grave
*Note: C/Ofc split shift Swing shift is 1030 - 2030