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HomeMy WebLinkAboutES06-177 - Original - Teamsters Local Union #117 - 01/01/2006-12/31/2008 Union Contract - 02/28/2006 Records Mapagemenia KENT ��� Document WASHINGTON _ 01 CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have question's,please contact City Clerks Office. Vendor Name: / //Vendor Number: JD Edwards Number Contract Number: C-S OG- 1 -77 This is assigned by Deputy City Clerk �yL Description: L� C-ems" Detail: Project Name: f_�_ OG Contract Effective Date: Termination Date: 1,2_ 3/-OF Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager. _ G� Department: C Abstract: 2 2If o� S Public\RecordsManogement\Forms\contractCover\ADCL7832 07/02 e ` CITY OF KENT and TEAMSTERS LOCAL UNION #117, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS JANUARY 1, 2006 - DECEMBER 31, 2008 P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc TABLE OF CONTENTS PREAMBLE .................................................................................................................... I ARTICLE 1 - RECOGNITION AND BARGAINING UNIT .......................................... 1 SECTION 1.1 UNION RECOGNITION .... .......... . . . .. .... . .. . .. .. . .... ... . 1 SECTION 1.2 EXCLUDED EMPLOYEES . . ....... ..... .. . .. . . .... . .... . .. . .. ...... 1 SECTION 1.3 DISPUTE RESOLUTION . . .......... . . ... . .. . ... .... ........ . . .... ....... .... 2 ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION................................2 SECTION 2.1 MANDATORY OPTIONS - UNION MEMBERSHIP . . . . .. .. .. ....... ... .................. 2 SECTION 2.2 DUES DEDUCTION . .. ....... ........................ .... ....................... 2 SECTION 2.3 LIST OF EMPLOYEES FURNISHED BY UNION 3 SECTION 2.4 UNION REFUND TO EMPLOYER 3 ARTICLE 3 - SENIORITY............................................................................................. 3 SECTION 3.1 SENIORITY DEFINITION .... .... .... ... ... .................... .... ................... .. . ... ... . 3 SECTION 3.2 PROBATIONARY PERIOD...... ................ . . .. ....... .............. .... .... .. 3 SECTION 3.3 SENIORITY CANCELLATION .... .. 4 SECTION 3.4 LAYOFF/PERSONNEL REDUCTION .. .. 4 SECTION 3.5 TRANSFER OF SENIORITY 5 SECTION 3.6 RECALL . .. .... ... .... . .............. .............. .... .... ............................. .. 5 ARTICLE 4 -TRANSFERS &VACANCIES ................................................... ........6 SECTION 4.1 TRANSFER TO DIFFERENT POSITION .. .. 6 SECTION 4.2 JOB OPENINGS .. . .... .. 6 ARTICLE 5 - HOURS OF WORK.................................................................................. 6 SECTION 5.1 NORMAL WORKWEEK .... . ...... .. . .. . 6 SECTION 5.2 ALTERNATIVE WORK SCHEDULES .... .. .. ... .. . .. .. .... 7 SECTION 5.3 OVERTIME ... .... ...... .. ... . . . .... ............ . ... .......... 7 SECTION 5.4 COMPENSATORY TIME . . . . . .. 7 SECTION 5.5 SCHEDULE CHANGES- NOTICE . 8 SECTION 5.6 MEALS AND REST PERIODS . ... .... 8 SECTION 5.7 CALL BACK .. .... .... .... ... ............ .............. .... .... . .... .... .... .. .. . .......... 8 SECTION 5.8 PHONE CALLS/WORK AT HOME .... 8 SECTION 5.9 MANDATORY STANDBY DUTY . ... 9 SECTION 5.10 SHIFT DIFFERENTIAL .............. ......... .... .... .. . ....... . ........ ... . .... 9 SECTION 5.11 REGULAR STARTING/QUITTING TIME . . 9 ARTICLE 6 - UNION ACTIVITIES ............................................................................ 10 SECTION 6.1 BUSINESS REPRESENTATIVES OF THE UNION . .... . .... .... ........ .. 10 SECTION 6.2 EMPLOYEE UPHOLDING UNION PRINCIPLES/PERFORMING DUTIES.... 10 ARTICLE 7 - LABOR - MANAGEMENT COMMITTEE .............................................. 10 P•\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page i ARTICLE 8 - GRIEVANCE PROCEDURE................................................................... 10 SECTION 8.1 GRIEVANCE OR DISPUTE OVER PROVISIONS OF AGREEMENT .. ......... .... ............. ...... 10 SECTION 8 2 DISCIPLINARY ACTION BY THE EMPLOYER .... ..... . . . ........... ... .. .......... .... 12 SECTION 8.3 MEETINGS RELATIVE TO DISCIPLINE . . ....... . ... 12 ARTICLE 9 - WORK STOPPAGES AND EMPLOYER PROTECTION...................... 12 SECTION 9.1 WORK STOPPAGES - DEFINED. .... .. .. . .. ......... 12 SECTION 9.2 BACK TO WORK ORDER .. .. . .. ........ ..... .... .... .... ... .... ... .......... 12 SECTION 9.3 DISCIPLINARY MEASURES BY EMPLOYER . ........... ................... ................. . 13 ARTICLE 10 - BULLETIN BOARDS........................................................................... 13 ARTICLE 11 - SAFETY AND SANITATION .............................................................. 13 SECTION 11.1 COMPLIANCE WITH SAFETY CODES. ... . .... .... .............. .... ... ......... .... .... ......... 13 SECTION 11.2 UNSAFE WORK CONDITIONS . .... ............... . . . .............. .... .... . .. ... . . 13 SECTION 11.3 CHEMICAL APPLICATORS PREMIUM ......... . 13 SECTION 11.4 SAFETY COMPLIANCE.. .......... ....... . . . . .... ............ . 13 SECTION 11.5 IMMUNIZATIONS . ............. ....... ........................ .... ................... ................ 14 ARTICLE 12 - MANAGEMENT RIGHTS.................................................................... 14 ARTICLE 13 - PAY PERIOD....................................................................................... 14 ARTICLE 14 - WAGES, CLASSIFICATIONS AND MINIMUM RATES OF PAY..... 15 SECTION 14.1 SALARY PLAN - ADOPTION ... ..... .... ..... .... .. ..... .... ... 15 SECTION 14.2 MINIMUM RATES OF PAY . ...................... .... .. ...... ............ .. . . .. . ... . 15 SECTION 14.3 LONGEVITY . . .. . .. .... .. 15 SECTION 14.4 RECLASSIFICATION. .. .. .. .... .... .... .... .. . ... 15 SECTION 14.5 ACTING/OUT OF CLASSIFICATION PAY. ................... ... .... .... ............................. 15 ARTICLE 15 - HOLIDAYS.......................................................................................... 16 SECTION 15.1 OBSERVED DATES .. ..... 16 SECTION 15.2 OVERTIME WORKED ON HOLIDAYS ..... 17 ARTICLE 16 - HEALTH CARE AND LIFE INSURANCE ........................................... 17 SECTION 16.1 MEDICAL/DENTAL COVERAGE 17 SECTION 16.2 EMPLOYEE CONTRIBUTION - HEALTH CARE INSURANCE COVERAGE 17 SECTION 16.3 LIFE INSURANCE COVERAGE 18 SECTION 16.4 LONG-TERM DISABILITY INSURANCE (LTD) ...................... .. . . .... .... .... .... . . 18 SECTION 16.5 RETIREE HEALTH CARE SAVINGS ACCOUNT(VEBA) .. 18 SECTION 16.6 HEALTH CARE COMMITTEE . 19 ARTICLE 17 - PENSION ............................................................................................ 19 ARTICLE 18 - WORKERS COMPENSATION PROGRAM ........................................ 19 ARTICLE 19 - VOLUNTEER PROGRAMS ................................................................. 19 ARTICLE 20 - EQUAL EMPLOYMENT OPPORTUNITY - NONDISCRIMINATION ...................................................................................................................................... 20 P•\PUBLICLCC\LacbrNUNION�TEAMSTER\Contracts�TM 2006 Contract.doc Page n ARTICLE 21 - SICK LEAVE........................................................................................ 21 SECTION 21.1 ACCRUAL RATE .. ....... .... ..... ...... .......... .............. ......... ......... .... ... 21 SECTION 21.2 SICK LEAVE INCENTIVE PROGRAM. . ......... ............ .... ......... ......... ........... 21 SECTION 21.3 PHYSICIAN'S STATEMENT . ... . . ... . ...... . . . . . ......... 21 SECTION 21.4 SICK LEAVE USES ... . . .......... .. 22 SECTION 21.5 PROMPT NOTIFICATION . ... ... .. ..... . ................ .... ............ ........................ 22 SECTION 21.6 SICK LEAVE ABUSE.... 22 SECTION 21.7 CONDITIONS NOT COVERED . . . .... .. ..... . .. .... .... .. . . ..... ... .... . 22 ARTICLE 22 - JURY DUTY......................................................................................... 22 ARTICLE 23 - BEREAVEMENT LEAVE......................................................................23 SECTION 23.1 BEREAVEMENT LEAVE. 23 SECTION 23.2 IMMEDIATE FAMILY .... . ... .... .... .... 23 SECTION 23.3 USE OF LEAVE ...... ... ... ............... . .. ............ . .. ...................... .............. 23 SECTION 23.4 REQUEST AND APPROVAL . 24 ... .. ................. . ... ARTICLE 24 - VACATIONS........................................................................................ 24 SECTION 24.1 ACCRUAL RATE. ... .... 24 SECTION 24.2 SCHEDULING . ...... .. 24 ... .. . .. . .. .. SECTION 24.3 MAXIMUM ACCUMULATION .... .... ... .... .. . ..... . . . .. . 24 ARTICLE 25 - EMERGENCY CONDITIONS .............................................................25 ARTICLE 26 - MILITARY LEAVE .............................................................................. 25 ARTICLE 27 - SEVERANCE PAY ............................................................................... 25 ARTICLE 28 - STANDARD DRESS, TOOLS AND LICENSES.................................. 25 SECTION 28.1 UNIFORM ALLOWANCE . . . . .I............ ....... . 25 SECTION 28.2 TOOLS AND EQUIPMENT ALLOWANCE. . .. ... ... .. ........... . 26 SECTION 28.3 LICENSE/CERTIFICATION REQUIREMENTS ... .. ..... ...... . .. . .. .... ....... . . . 26 ARTICLE 29 - SUBSTANCE ABUSE TESTING .................................. 27 ARTICLE 30 - SAVINGS CLAUSE.............................................................................. 27 ARTICLE 31 - ENTIRE AGREEMENT........................................................................27 ARTICLE 32 - SUBORDINATION OF AGREEMENT................................................ 27 ARTICLE 33 - TERM OF AGREEMENT...................................................................... 28 APPENDIX "A" - WAGES..........................................................................................A-1 APPENDIX "B" - BARGAINING UNIT CLASSIFICATION SCHEDULE ................B-1 APPENDIX "C" - TEN-MONTH MAINTENANCE EMPLOYEE.................................C-1 P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page in PREAMBLE This Agreement is between the City of Kent (hereinafter called the City) and the Teamsters Local Union #117, affiliated with the International Brotherhood of Teamsters, (hereinafter called the Union) for the purpose of setting forth a mutual understanding of the parties as to conditions of employment for those employees for whom the City recognizes the Union as the collective bargaining representative. Furthermore, the City and the Union agree that the efficient and uninterrupted performance of municipal functions is a primary purpose of this Agreement, as well as the establishment of fair and reasonable compensation and working conditions for employees of the City. This Agreement has been reached through the process of collective bargaining with the objective of fostering effective cooperation between the City and its employees. Therefore, this Agreement and the procedures which it establishes for the resolution of differences are intended to contribute to the continuation of good employee relations, to provide an environment where the City's municipal values are practiced, and to be in all respects in the public's interest. ARTICLE 1 - RECOGNITION AND BARGAINING UNIT Section 1.1 Union Recognition The City hereby recognizes the Union as the exclusive bargaining representative for all regular full-time, regular part-time, and ten-month employees (as described in Appendix C), who work for the City of Kent in the following department/divisions: public works operations, parks maintenance, golf maintenance, facility maintenance, and housing and human services, and finance customer service, and whose positions are allocated to classifications listed on Appendix "B" In addition, the City recognizes the Union as the exclusive bargaining representative for all temporary employees hired to perform Union work who are scheduled to work one-sixth (1/6) of full-time, or three hundred forty seven (347) hours, in a calendar year. Temporary employees hired into the 4-month or 8-month categories shall be recognized as bargaining unit members. Such temporary employees shall be provided the opportunity to apply for bargaining unit job opportunities. Temporary employees shall not be afforded access to the grievance procedure until such time as they have served the equivalent of six months of full-time service. Section 1.2 Excluded Employees The following employees shall be excluded from the bargaining unit: A. Employees hired to work less than one sixth (1/6th) of full-time, or less than three hundred forty seven (347) hours, in a calendar year shall be excluded from the bargaining unit. B. Employees who are employed by the City under Federal, State, County or other employment programs which provides funding for such employees. P.\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 1 y Section 1.3 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 (PERC) for determination. ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION Section 2.1 Mandatory Options - Union Membership All employees of the City covered by this Agreement who are members of the Union on or after the effective date of this Agreement shall remain in good standing of the Union. Failure to comply with this condition shall, upon the written request of the Union, result in the immediate discharge of the employee. New employees who are employed after the time this Agreement becomes effective shall, not later than thirty (30) calendar days after the commencement of such employment, become and remain members in good standing in the Union. The Employee and the Union agree that the right of non-association of employees based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member shall be protected at all times and such public employees shall pay such sum as is provided in RCW 41.56, "Chapter 59, Laws of 1973". Neither party shall discriminate against any employee or applicant for employment on account of membership in or non-membership in any labor union or other employee organization. Section 2.2 Dues Deduction The City agrees to deduct from the paycheck of each employee who has so authorized it, the regular monthly dues uniformly required of members of the Union. The amount shall be deducted semi-monthly and shall be transmitted monthly to the Union on behalf of the employees involved. Authorization by the employee shall be on a form approved by the parties hereto and may be revoked by the employee upon request. No portion of the fund collected by the union under this provision shall be used for support of political purposes in Kent. The Union agrees to indemnify and hold the City harmless against any and all claims, suits, orders and other judgments brought or issued against the City as a result of any action taken by the City under the provisions of this Article, unless a dispute arises as a result of an error committed by the City. It shall be a condition of employment that all represented temporary employees as defined in Section 1.1, shall pay to the Union a service fee in the amount of 1.3% of regular gross pay (not-overtime) for all hours of employment. This service fee shall be paid in lieu of the membership provisions required of regular employees in the bargaining unit. P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contrad.doc Page 2 Section 2.3 List of Employees Furnished by Union The Union will furnish to the City before the first day of each month a list of the employees for whom dues shall be withheld. Section 2.4 Union Refund to Em foyer The Union agrees to refund to the City any amounts paid to it in error on account of the check- off provisions upon presentation of proper evidence thereof. ARTICLE 3 - SENIORITY Section 3.1 Seniority Definition A. Seniority shall, for the purposes of longevity pay and leave accruals, be defined as an employee's length of continuous service as a regular employee with the City, less any adjustments due to layoffs or for approved leaves of absence without pay. B. Seniority shall, for the purposes of layoff and recall, be defined as an employee's length of continuous service as a regular employee within the bargaining unit, less any adjustments due to layoffs or for approved leaves of absence without pay. C. Seniority shall, for all other purposes of this Agreement, be defined as an employee's length of continuous service as a regular employee within their respective division (reports to the same Superintendent), less any adjustments for approved leaves of absence without pay. Section 3.2 Probationary Period A. New Hires. All regular employees shall serve a new hire probation period of twelve (12) months. New hires shall not accrue seniority until completion of their new hire probation period, at which time, their seniority will be retroactive to the date of employment as regular employees New hires will be eligible for a step increase upon completion of twelve (12) months of probation provided they receive a satisfactory performance evaluation during the twelve (12) month probationary evaluation period. B. Transferred or Promoted Employees. All regular employees who transfer to another division (reports to a different Superintendent) or who are promoted to a higher classification shall be considered special trial employees and must successfully complete a six (6) month special trial period before being permanently appointed to the new position/classification. For the purpose of this agreement, special trial employees who are employed as regular non-new hire trial employees (employees who have passed their new hire probation period) shall be considered as and entitled to all benefits of non-trial employees of the bargaining unit. P:\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 3 If either the special trial employee or the City determines that the employee either does not want to continue in the new position or has faded to demonstrate that he or she can completely and satisfactorily perform the job within the special trial period, the deciding party shall provide written notification to the other party of such decision. The employee shall then revert back to his/her former position by providing written notice to the former position's Superintendent. C. Termination. Probation employees may be terminated without just cause and without recourse to the grievance procedure. Section 3.3 Seniority Cancellation An employee's seniority shall be canceled under any of the following circumstances: A. The employee resigns; B. The employee is discharged; C. The employee retires; D. The employee is laid off for a continuous period of twelve (12) months or more; E. The employee fads to return to work subsequent to and in accordance with the terms of an approved leave; or F. The employee fails to return to work from layoff on the date specified by the City in a recall notice delivered to the employee or mailed to the employee's last known address on file with the City, providing such notice grants the employee five (5) working days advance notice to report. Section 3.4 Layoff/Personnel Reduction A. The City shall determine when layoffs or personnel reductions are necessary and the positions and classifications in each division to be laid off or reduced. B. Employees in a division affected by layoffs shall be laid off in the reverse order of seniority as defined in Section 3.1 Seniority Definition, paragraph B. C. In the event of a reduction in the number of positions in a higher classification within the same division, affected employees in that division shall be reduced in the reverse order of the employee's length of continuous service as a regular employee in that classification. Time spent in higher bargaining unit classifications(s) shall be included in the employee's lower classification's seniority. The employee will generally bump to the next lower classification within the employee's division in which the employee has the necessary seniority and qualifications for the job. However, employees who work in divisions with five (5) or less employees shall be eligible to bump within the employee's department if the employee has the necessary seniority and qualifications for the job. Teamsters employees who work in Finance may be eligible to bump into the Public Works Department if Finance has five (5) or less employees at the time of layoff so long P-\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 4 as the employees meet the bumping requirements herein. D. Layoff and bumping shall not result in a promotion for any employee. E. The City reserves the right to retain qualified employees in vital positions if the position's unique skills or certification requirements are needed to meet the City's legal responsibilities or to serve the public's interest. Such vitally positioned employees shall be exempt from the seniority layoff or personnel reduction. F. When more than one (1) employee has the same seniority, as defined in Section 3.1 Seniority Definition, for layoff/personnel reduction, each employee's cumulative service with the City of Kent (including service outside of the bargaining unit and as a temporary), shall be considered in determining the order of layoff/reduction. G. When there arises issues/complications relating to layoff/reduction procedures, the parties agree to meet in Labor/Management to discuss the details. Section 3.5 Transfer of Seniority An employee with established seniority who is laid off may transfer his/her seniority to another department/division within the bargaining unit in which he/she successfully completed probation and worked for twelve (12) months or more. To accomplish this, the employee must demonstrate that he/she possesses the appropriate certifications and licenses and can perform the work without additional training. It shall be the responsibility of the employee to maintain such licenses and certifications. Requests for transfer must be made to the Employee Services Department in writing within three (3) calendar days of the layoff notice. The City will pay the cost of maintaining the required licenses and certifications for the last regular position held in the bargaining unit by the employee. Such costs shall include the actual cost of renewing the license or certification and the cost of registration for required training to maintain the license or certification. All other expenses shall be the responsibility of the employee. In addition, the employee must use their own time to attend any required training in order to maintain such licenses and certifications. Maintenance of such licenses and certifications by the employee shall be voluntary. However, if the employee allows their license or certification to lapse the City shall have no further obligation under this section. Section 3.6 Recall The City shall recall laid off employees for bargaining unit vacancies of equivalent or lower level classification within the division from which the employees were laid off or reduced. The vacancy shall be filled by the most senior employee, as defined in Section 3.1 Senionty Definition, so long as the employee meets the qualifications of the vacant position. The recalled employee shall be notified in writing, via U.S. certified mail or electronic mail, to the employee's last known address on file with the City, and shall be provided at least five (5) working days advance notice to report back to work. Upon the employee's return to work, the employee must meet the qualifications for the job within the same timeframe that a new hire would be P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 5 required to meet for the vacant position. If the laid off employee(s) have not maintained or fads to obtain the qualifications for the position as required of a new hire, the City reserves its right to fill the vacant position in accordance with the provisions of Section 4.2 Job Openings. Refusal to accept or acceptance of a regular position offered by the City within the five (5) working days notice during the twelve (12) month period following layoff shall terminate the employee's recall rights. ARTICLE 4 —TRANSFERS &VACANCIES Section 4.1 Transfer to Different Position The City may transfer an employee to a different position at any time either temporarily or permanently. In addition, the City may offer lateral transfers to eligible employees within a division (reporting to a specific Superintendent). Where knowledge, skills, abilities, work experience, and performance are equal, as reasonably determined by the City, the position will be awarded on the basis of seniority. Section 4.2 Job Openings If a job opening occurs within the bargaining unit, the City shall first post the position internally for all regular City employees, including Teamsters 8-month and active 4-month employees prior to posting the job to outside applicants. Teamsters 8-month employees may apply for internal positions while on their four (4) month furlough; Teamsters 4-month employees must be active to apply for internal positions. All openings shall be posted at least five (5) work days in all work areas, prior to filling any such openings. Upon closing a job posting, the City may establish an eligibility list for each job opening within a division Such eligibility lists shall be established by classification within a division, i.e., Maintenance Work 3, Golf Course. The City may hire from an eligibility list for a period not to exceed twelve (12) months. Where qualifications, skills and abilities of the finalists are relatively equal, as reasonably determined by the City, preference shall be given to the bargaining unit employee. ARTICLE 5 - HOURS OF WORK Section 5.1 Normal Workweek The normal workweek for full-time employees shall be five (5) consecutive days of not less than eight (8) hours per day exclusive of their meal period. The normal workweek for regular part- time and temporary employees shall be up to eight (8) hours per day and up to forty (40) hours per week exclusive of their meal period. P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 6 Section 5.2 Alternative Work Schedules Alternative work schedules, as mutually agreed by the City and the Union, may be utilized, to include, but not be limited to, 4/10's or 9/80's. The details of such alternative work schedules shall be determined through a labor-management committee. Section 5.3 Overtime Overtime shall be paid at the rate of one and one-half (1 I/2) the employee's regular straight- time hourly rate of pay. In computing overtime, the nearest one-quarter (1/4) hour shall be used. All overtime work must be pre-authorized by the employee's Superintendent and/or the division designee. Employees are eligible for overtime compensation in accordance with the following: A. Regular full time employees may accrue overtime for all authorized hours worked in excess of their regular scheduled workday (minimum of eight (8) hours per workday), or forty (40) hours in a workweek, whichever comes first. B. Regular part-time employees may accrue overtime for all authorized hours worked in excess of their regular workday (minimum of eight (8) hours per workday), or forty (40) hours in a workweek, whichever comes first. C. Temporary employees may accrue overtime for all authorized hours worked in excess of forty (40) hours in a workweek. However, during a week in which there is a City observed holiday, temporary employees who work in excess of their scheduled workday (minimum of eight (8) hours per workday) shall be paid at the overtime rate for the excess hour(s) worked. Section 5.4 Compensatory Time Compensatory time may be requested by members of the bargaining unit in lieu of cash. Such compensatory time, if approved by the City, shall be earned at the rate of time and one-half. The amount of compensatory time allowed to be accrued by bargaining unit members may vary by department/division and job classification and shall be determined by the City. However, the maximum accrual limit for the employees of the Public Works department shall be one hundred (100) hours. Accrued compensatory time off may be used by members of the bargaining unit in not less than one (1) hour increment. Employees who wish to take one (1) full shift or less of compensatory time off must receive pre-approval for such leave use from the supervisor. Employees who wish to take more than one (1) full shift of compensatory time off must provide a minimum of three (3) working days written notice of their intent to use compensatory time and receive pre- approval from their superintendent for such leave use. This notice requirement does not prohibit the superintendent from allowing employees to use compensatory time off with less notice as staffing levels permit. The City will make every effort to accommodate requests for use of compensatory time, unless such request would unduly disrupt the employer's operation P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract.doc Page 7 or would result in the City having to withdraw previously approved vacation leave request from a co-worker in the same work section/unit. Employees may request a cash out of their accumulated compensatory time annually by making a written request to their division manager no later than November 151h of each year for payment in December. Section 5.5 Schedule Changes - Notice In the event the City decides to change the employee's normal work schedule, the City agrees to provide a seven (7) calendar day notice prior to the effective date of such change, except for emergency situations which make it impractical to give such notice. Schedule changes may also be made with less than seven (7) calendar day notice if such change is mutually agreeable between employee and management. The City will not manipulate work schedules by making short term schedule changes solely for the purpose of avoiding payment of overtime. Section 5.6 Meals and Rest Periods Employees shall receive a fifteen (15) minute rest break during the first four (4) hour period of their workday, and a second fifteen (15) minute rest break during the second four (4) hour period in their workday. Employees may not forego taking their rest breaks without pre- approval from their Superintendent or designee. Employees shall be compensated at their prevailing wage rate for time spent while on rest breaks. Rest breaks will generally be taken near the work site where an employee is designated. Employees shall be granted an unpaid meal period of not less than one-half (1/2) hour nor more than one (1) hour during each work shift, unless otherwise established by mutual agreement between the superintendent and the employee. Management retains the right to determine the rest and meal periods. Section 5.7 Call Back Employees who are required to return to work as the result of a call-back shall receive a minimum of three (3) hours pay at the overtime rate for the work for which they are called back, exclusive of travel time. If an employee is called back to work after having returned home from a previous call back, an additional three (3) hours work at the overtime rate shall be paid, exclusive of travel time. This provision applies only when such call back results in hours worked which are not annexed consecutively to one end or the other of the working day. Employees called back to work on a recognized holiday shall receive three (3) hours pay for each call back, exclusive of travel time. The City reserves the right to retain the employee at the work site on a call back when notified in advance or during an emergency. Section 5.8 Phone Calls/Work at Home If an employee, who is not on standby, receives a work related telephone call outside their normal work schedule and is able to resolve the issue without having to return to work they shall be compensated based on the actual time spent resolving the issue rounded to the nearest P:\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 8 thirty (30) minute increment, paid at the overtime rate. Except that calls received between 8pm to 6am, Monday-Friday, or 8pm to 8am on Saturday or Sunday, or a holiday, shall be rounded to the nearest hour increment. Employees on standby who receive a work related telephone call outside their normal work schedule and are able to resolve the issue without having to return to work shall be compensated based on the actual time spent resolving the issue rounded to the nearest fifteen (15) minute increment, paid at the overtime rate. Except that calls received between 8pm to 6am, Monday-Friday, or 8pm to 8am on Saturday or Sunday, or a holiday, shall be rounded to the nearest half hour increment. Section 5.9 Mandatory Standby Duty The City reserves the right to establish a mandatory standby program. Employees on standby shall be required to carry a pager device and be able to respond immediately to callback situations without restrictions or impairments. Employees assigned to mandatory standby shall receive two dollars and sixty cents ($2.60) per hour. Standby periods shall be determined by the City. Section 5.10 Shift Differential A week night shift differential pay of fifty-five cents ($0.55) per hour will be paid for all hours worked by an employee when a majority of his or her regularly scheduled shift hours occur before 7:30 AM or after 4:00 PM Monday through Friday. A weekend shift differential pay of sixty cents ($0.60) per hour will be paid for all regularly scheduled hours worked on Saturday and Sunday. Shift differential will not be paid for any time off on leave or for overtime hours worked. Shift differential only applies to regular full time, regular part-time and ten-month employees. There shall be no pyramiding of shift differential pay(s) and/or overtime pay. In exchange for shift differential pay the Union agrees to work with the City in developing alternative work schedules and shifts that provide coverage seven days a week, and for a minimum of sixteen (16) hours per day. Section 5.11 Regular Starting/Quitting Time All regular employees shall have a regular starting and regular quitting time. Any work required by the City to be performed before the regular starting or after the regular quitting time shall be considered overtime so long as the employee is paid at least eight (8) hours during that normal scheduled workday. P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 9 ARTICLE 6 - UNION ACTIVITIES Section 6.1 Business Representatives of the Union The Business Representative of the Union shall be allowed access to all facilities of the City wherein the employees covered under this contract may be working for the purpose of conducting necessary Union business and investigating grievances, provided such representative does not interfere with the normal work processes. The Business Representative shall notify the Employee Services department and/or appropriate Department Head or his/her designee prior to visiting City facilities for the purpose of conducting necessary Union business or investigating grievances, except in emergency situations. Section 6.2 Employee Upholding Union Principles/Performing Duties The City agrees that the employees covered by this contract shall not be discharged or discriminated against for upholding Union principles or for performing duties authorized by the Union, as long as their activities do not interfere with normal work processes of the City. Provided, however, it shall not be a violation of this Agreement or cause for discharge or discipline for any employee to refuse to cross a legal, primary picket line sanctioned by Joint Council of Teamsters No. 28 or the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, so long as an employee's refusal to cross such a recognized picket line shall not interfere with the delivery of City services. Whenever possible, in the event of a picket line established at a place of business during a labor dispute, the City will make every effort to utilize non-union personnel to cross picket lines so as not to interfere with the delivery of City services. ARTICLE 7 - LABOR - MANAGEMENT COMMITTEE The City and the Union agree continuing cooperation between labor and management is important, and further, from time to time suggestions and complaints of a general nature affecting the Union and the City need consideration. To accomplish this end, the City and the Union agree that duly authorized representatives of the Union shall function as one-half of a Labor-Management Committee, the other half being certain representatives of the City named for that purpose. Said Committee shall meet periodically for the purpose of discussing and facilitating the resolution of all problems which may arise between the parties other than those for which another procedure is provided by law or by other provisions of this Agreement. ARTICLE 8 - GRIEVANCE PROCEDURE Section 8.1 Grievance or Dispute Over Provisions of A reement A procedure is hereby established as a means to resolve grievances. Grievance shall be defined as a claim or dispute by an employee or group of employees with respect to a violation of the express provisions of this Agreement. If the parties mutually agree, the timelines set forth in P•\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 10 this section for processing of grievances will be put on hold for a mutually agreed upon period of time to allow the parties to address the grievance in a labor-management forum. If a resolution is not agreed to, the grievance process shall continue. Grievances shall be resolved in the following manner. Failure to follow the time frames set forth below shall constitute waiver of the grievance. Step 1. Any Grievance shall be reduced to writing and submitted to the Superintendent or Division Manager by the employee and/or the Union within ten (10) working days of the occurrence of the alleged incident giving rise to such grievance. The written grievance shall include a statement of the issue, the section(s) of the agreement allegedly violated, facts of the case and remedy sought. Every effort shall be made to resolve all grievances at this level. If resolved, the basis for resolution shall be reduced to writing and signed by the employee. Step 2. Grievances not settled within ten (10) working days following Step 1, shall then be presented, in writing, by the Union directly to the Department Director or designee. The Department Director shall submit a decision, in writing, on the grievance within ten (10) working days from the date the grievance was first presented to him/her. Copies of the decision shall be provided to the employee or employees requesting the grievance decision. If resolved, the basis for resolution shall be reduced to writing and signed by the employee. Step 3. Grievances not resolved at step 2, may be presented in writing by the Union to the Employee Services Director, or designee within ten (10) working days of the Step 2 response. The Employee Services Director shall submit a written decision on the grievance within ten (10) working days from receipt. Step 4. In the event the decision reached by the Employee Services Director is unsatisfactory to the parties presenting the grievance, the grievance may, within ten (10) working days, be submitted to arbitration. The Union and the City shall mutually select an arbiter under Federal Mediation and Conciliation Services listing Washington and Oregon Arbiters. A. The Arbiter shall render his/her decision based on interpretation and applications of the provisions of this Agreement. The decision shall be in writing and copies shall be sent to the City and the Union. B. The decision of the Arbiter shall be final and binding upon all parties to the grievance, provided the decision does not involve action by the City which is beyond its jurisdiction. C. Neither the Arbiter nor any persons involved in the grievance procedure shall have the power to negotiate new agreements or to change any of the present provisions of this Agreement. D. All expenses incurred in the arbitration process shall be borne as follows: P.\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract.doc Page 11 1. Expenses incurred by the Union shall be borne by the Union. 2. Expenses incurred by the City shall be borne by the City. 3. Expenses or fees of the Arbiter shall be borne equally by the Union and the City. Section 8.2 Disciplinary Action by the Employer No employee shall be disciplined, suspended or discharged without just cause. It is understood that no disciplinary action by the City shall be considered cause for a grievance unless it is specifically alleged that such represents an incorrect application of the terms of this Agreement. In no event shall this Agreement alter or interfere with disciplinary procedures heretofore followed by the City or provided for by City Charter, Ordinance, or law including the procedure for appeals thereof. This clause shall not, however, prevent the Union from affording to its members such representation in any other proceedings as it may see fit. Section 8.3 Meetings Relative to Discipline In the event the Employer requires an employee to attend a meeting for purposes of discussing an incident which may lead to suspension, demotion or termination of that employee, the employee shall be advised of his/her right to be accompanied by a representative of the Union. If the employee desires Union representation in said matter, he/she shall notify the Employer at that time and shall be provided a reasonable time to arrange for Union representation. ARTICLE 9 - WORK STOPPAGES AND EMPLOYER PROTECTION Section 9.1 Work Stoppages - Defined The City and the Union agree that the public interest requires efficient and uninterrupted performance of all City services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective Specifically, the Union shall not cause or condone any work stoppage, including any strike, slowdown, refusal to perform any customarily assigned duties, sick leave absence which is not bona fide, or other interference with City functions by employees under this Agreement and should same occur, the Union agrees to take appropriate steps to end such interference. Any concerted action by any employee in any bargaining unit shall be deemed a work stoppage if any of the above activities have occurred. Section 9.2 Back to Work Order Upon notification in writing by the City to the Union that any of its members are engaged in a work stoppage, the Union shall immediately in writing, order such members to immediately cease engaging in such work stoppage and provide the City with a copy of such order. P-\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 12 r ' Section 9.3 Disciplinary Measures by Employer Any employee who commits any act prohibited in this Article will be subject to the following penalties: A. Discharge; B. Other disciplinary action as may be applicable to such employee. ARTICLE 10 - BULLETIN BOARDS The City shall permit the reasonable use of bulletin boards by the Union for the posting of notices of a non-controversial nature relating to Union business. ARTICLE 11 - SAFETY AND SANITATION Section 11.1 Compliance with Safe1y Codes All work shall be done in a competent and workmanlike manner, and in accordance with the State of Washington Code and any Federal codes relating to this subject. Section 11.2 Unsafe Work Conditions It shall not be considered a violation of this Agreement whereby any employee shall refuse to work with unsafe equipment, or where adequate safeguards are not provided, or when the facilities and services are not being maintained in a reasonable sanitary condition. However, the employee shall be responsible to immediately report such alleged unsafe working conditions to his/her supervisor who shall immediately report it to the Superintendent. All employees who are assigned to work on jobs or in areas deemed by the City to possibly be dangerous (e.g., spraying) shall be required to wear lawfully designated safety devices and/or equipment designated as necessary for their protection. Such devices and equipment will be furnished by the City. Refusal or failure of any employee to perform the work assigned, to use, or to wear such devices or equipment shall be grounds for appropriate disciplinary action, up to and including dismissal. Section 11.3 Chemical Applicators Premium All employees required to maintain a Public Pesticide Operator's License in the Maintenance Worker II classification shall receive an hourly premium pay of two dollars ($2.00) per hour for actual time spent spraying. Section i1.4 Safety Compliance All employees covered by this collective bargaining agreement are expected to comply with W.I.S.H.A. (Washington Industrial Safety and Health Act) regulations and City policies and P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 13 T rules related thereto. Employees knowingly violating such policies, rules and regulations shall be subject to disciplinary action which may include suspension and discharge No supervisor shall require an employee to go or be in any employment or place of employment, which is not safe according to W.I.S.H.A. standards. Section 11.5 Immunizations The City shall provide all full time, regular part-time and 8-month employees in the bargaining unit who have a potential for occupational exposure to bloodborne pathogens with an opportunity to receive vaccination as required by the State law and City Policy. ARTICLE 12 - MANAGEMENT RIGHTS Subject only to the limitation expressly stated in this Agreement, the Union recognizes that the City retains the exclusive rights to manage its business including, but not limited to, the right: A. To determine the methods and means by which its operations are to be carried on; B. To direct the work force and to conduct its operations in a safe and effective manner; C. To establish reasonable qualifications for employment and to employ employees; D. To schedule and assign work; E. To establish work and reasonable productivity standards; F. To schedule and assign overtime; G. To determine the methods, means, organization and number of personnel by which operations are conducted; H. To determine whether goods or services are made or purchased; I. To determine the utilization of technology; I To evaluate, promote, transfer, assign and retain employees; K. To discipline, suspend and discharge employees for just cause; L. To carry out the mission of the City; and M. To take whatever actions may be necessary to carry out essential City functions in emergency conditions. However, the exercise of any of the above rights shall not conflict with any of the express written provisions of this Agreement. ARTICLE 13 - PAY PERIOD Whenever practicable, the City shall pay all regular employees on the fifth (5th) and twentieth (20th) of each month. Any employee who is laid off or terminated shall receive all wages due him/her on the next available payday. This Article may be reopened by either party during this contract life to negotiate the impacts related to the implementation of a new or upgraded Payroll/Human Resources/Finance system. P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract.doc Page 14 1 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 of the City bargaining units, the non- represented employees, and appropriate City representatives. Final recommendation(s) of this committee regarding payroll process changes shall be applied uniformly to all employees of the City. ARTICLE 14 - WAGES, CLASSIFICATIONS AND MINIMUM RATES OF PAY Section 14.1 Salary Plan - Adoption It is agreed that the classifications and minimum rates of pay shall be as set forth in the annual budget, and in accordance with the provisions of this Labor Agreement Salaries by classification shall be in accordance with Appendix "A" of this Agreement. Section 14.2 Minimum Rates of Pay Any employee already receiving a higher rate of pay than the minimum set forth in this agreement shall suffer no reduction as a result of this Agreement, and nothing herein shall preclude the payment of a higher rate at the discretion of the City. Section 14.3 Longevity The following longevity premium pay shall apply: A. After 5 consecutive years of service - 1% of base pay B. After 10 consecutive years of service - 2% of base pay C. After 15 consecutive years of service - 3% of base pay D. After 20 consecutive years of service - 4% of base pay Section 14.4 Reclassification Reclassification of certain positions may become necessary in order to recognize major changes in functions or responsibilities, or to align salaries within the bargaining unit in order to correct any inconsistencies Employees petitioning for reclassification consideration will be required to complete a position description questionnaire form, which shall then be forwarded to Employee Services. During the term of this contract, no reclassifications will be processed by Employee Services. Instead, departments will use the work out of class pay provisions of this agreement. Section 14.5 Acting/Out of Classification Pay A. Acting pay will be granted when an employee is temporarily assigned in writing by their P \PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 15 Superintendent or designee to perform at least fifty percent (50%) of the higher level duties of a higher level vacant position within the bargaining unit. Acting pay will not apply for periods less than one (1) full work week and shall not exceed one (1) year. Extensions beyond the one (1) year period may be mutually agreed to between the City and the Union. B. Out of Classification pay will be granted when an employee is temporarily assigned in writing by their Superintendent or designee to perform at least fifty percent (50%) of the higher level duties of an existing higher level classification within the bargaining unit. Out of class pay will not apply for periods less than one (1) full work week and shall not exceed one (1) year. Extensions beyond the one (1) year period may be mutually agreed to between the City and the Union. The employee will be permanently placed in the higher level position after serving twelve (12) consecutive months less any authorized leaves with pay. The City reserves its right to cease or reassign the higher level duties at any time due to budgetary restrictions, employee performance or just cause. Employees assigned to Acting or to work Out of Classification shall be compensated at a rate which represents a ten percent (10%) increase from their base wage, not to exceed the maximum of the higher range to which they have been assigned. Employees assigned to Acting or to work Out of Classification to a higher classification of a non- represented position shall be compensated in accordance with City Policy. All grievances relating to violations of this section of the contract shall be filed at Step 3. ARTICLE 15 - HOLIDAYS Section 15.1 Observed Dates The following holidays shall be paid holidays for all regular employees covered by this Agreement: Holidays 1. New Year's Day 2. Martin Luther King Day 3. Presidents' Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veterans' Day 8. Thanksgiving Day 9. Day after Thanksgiving 10. Christmas Day 11. Two (2) Personal Holidays 12. Other holidays proclaimed by the Mayor or City Council P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 16 The City shall specify, each year, the date on which the above holidays shall be observed. Section 15.2 Overtime Worked on Holidays Employees required to work a full shift on any of the above observed holidays shall receive pay at the overtime rate. In addition, the employee may choose to receive pay for the holiday or to reschedule, with manager or designee's approval, the use of such holiday to the day before or the day after the original observed holiday. If the employee does not request for the holiday to be rescheduled, the employee shall be paid for the holiday. All employees required to work on holidays shall receive a minimum of three (3) hours at the employee's overtime rate. ARTICLE 16 - HEALTH CARE AND LIFE INSURANCE Section 16.1 Medical/Dental Coverage The City agrees to provide health care (medical/dental/vision) insurance coverage for all regular full-time and regular part-time and Ten-month employees in the bargaining unit. Coverage will also be available for eligible dependents. The employee shall contribute toward the purchase of health care insurance coverage in accordance with the provisions of Section 16.2 of this Agreement. For the contract period, the following health care plans will be offered to eligible employees: 1. The City's self-insured health care plan administered by Premera Blue Cross, and VSP vision plan; and 2. Group Health Cooperative (HMO), includes co-pays as required by Group Health Cooperative and VSP vision plan. However, the City reserves the right to change carriers based upon comparable benefits and cost-effectiveness of such a change. This Section may be re-opened during the life of this Agreement for the negotiations of possible implementation of a third health care plan, which may include a Health Savings Account (HSA). Section 16.2 e Employee Contribution - Health Care Insurance Coverage 9 Eligible employees shall have health care insurance coverage available. Employees shall have the option to insure dependents under alternative plans offered, subject to the terms and conditions imposed by the carrier. A. Effective January 1, 2006 through December 31, 2006, employees shall pay ten percent (10%) of the total health care insurance premium paid into the employee's respective health care insurance program. The employee monthly premium rates are as follows: P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 17 EMPLOYEE CONTRIBUTIONS Blue Cross Group Health Employee Only $48.62 $40.74 Employee/Spouse $99.18 $89.84 Employee/Children $93.64 $81.54 Employee/Spouse/Children $143.16 $128.76 B. Effective January 1, 2007 to December 31, 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 paid into the employee's respective health care insurance program. C. 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 paid into the employee's respective health care insurance program. If for any reason, Non-represented or AFSCME employees receive a lower cumulative total employee and dependent health care insurance premium schedule than outlined herein, all members of this bargaining unit shall be eligible for coverage by the lower combined employee and dependent premium schedule. Section 16.3 Life Insurance Coverage The City shall pay the entire premium of double indemnity life insurance coverage for each eligible employee in the bargaining unit. The City will determine the manner in which insurance coverage is secured. Section 16.4 Long-Term Disability Insurance (LTD) The City shall pay the entire premium of a long term disability plan for each eligible employee in the bargaining unit. The LTD plan shall provide for coverage with a ninety (90) day elimination period, which pays at sixty six and two thirds percent (66-2/3%) of the first six thousand dollars ($6,000) of monthly base salary and pays to age sixty five (65) for eligible employees. The City will determine the manner in which insurance coverage is secured. Section 16.5 Retiree Health Care Savings Account (VEBA) A. Effective January 1, 2007, the City will match, on a one-for-one basis, twenty dollars ($20.00) per month to each regular employee's retiree health care savings account if the employee contributes at least twenty dollars ($20) per month. The matching contribution shall be payable on a semi-monthly basis of ten dollars ($10.00) per pay period. B. Employees must make the participation selection during the City's open enrollment period, as designated by the Employee Services Department, each year. Once their participation choice is made for the year, the minimum twenty dollars ($20.00) contribution cannot be changed until the next open enrollment period. P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 18 C. New hires will be eligible to commence participation in the City matching retiree health care savings program based on their date of hire. If an employee is hired between the Ist and 71h or the 16th and 22Id of the month, the employee will be eligible for the full contribution amount (ten dollars ($10.00)) for that pay period. If an employee is hired between the 81h and the 15th or the 23rd and the end of the month, the employee will not be eligible for the City contribution until the following pay period. The designated open enrollment period for a new hire for the initial employment year shall be the employee's first two (2) weeks of employment with the City of Kent as a regular employee. D. In addition, in lieu of receiving payment for their sick leave incentive, as provided for in Section 21.2 Sick Leave Incentive of this Agreement, each employee may elect to have his/her entire payout sum be deposited, pre-taxed, into their retiree health care savings account. Any employee who wishes to exercise this option must notify the City's payroll division by December 20th of each year for the following January's sick leave incentive payout. Section 16.6 Health Care Committee The Union will designate two representatives to participate in the Health Care Committee. The parties agree that the Union's participation on the City's Health Care Committee has been mutually beneficial. The parties agree to meet and discuss the purpose of the Committee and the parameters under which the Committee operates. Furthermore, the parties recognize that there must be representation and participation by all Unions on the Committee. ARTICLE 17 - PENSION Pension for employees and contributions to Public Employees' Retirement System (PERS) will be governed by Washington State Statute. ARTICLE 18 - WORKERS COMPENSATION PROGRAM Employees injured on-duty and qualified for worker's compensation shall be entitled to such benefits through the City's self-funded program as determined by statute and City Policy 6.2 — On-the-Job Injuries and Illnesses. The City will continue medical/dental and life insurance contributions on behalf of the injured employee and dependents, if applicable, as required by State law and City Policy. The employee shall be responsible for their portions of these benefit premiums. ARTICLE 19 - VOLUNTEER PROGRAMS The parties agree that volunteer programs can be mutually beneficial to the City, employees, and the citizens of Kent. The parties recognize that volunteerism provides a sense of P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 19 community involvement and requires a commitment of time and service on behalf of the volunteer. Successful volunteer programs require leadership and coordination with employees. To that end the City is committed to working in partnership with the Union to build successful volunteer programs. The parties agree that the City shall not layoff employees in the bargaining unit as a result of volunteer programs. The use of volunteers shall not result in a loss of existing overtime opportunities for members of the bargaining unit. Volunteer programs may require leadership and coordination with City staff. As a result, supervisory or lead opportunities may become available for bargaining unit members as a result of successful volunteer programs. The parties agree to meet in a labor-management forum to discuss new volunteer programs or work that is beyond the scope of current volunteer programs. Such programs may include, but are not limited to: youth programs, King County work training programs, adopt-a-park, adopt- a-street, internships, JobCorp, community service workers, and work release. Furthermore, the parties agree that should any concerns arise regarding a specific volunteer project those concerns shall be brought to the City's attention immediately. If the concerns cannot be resolved at that level the Union may, with just cause, request that a specific volunteer project be suspended with 10 days written notice to the City. No new activity on the project will be scheduled until such time as the parties meet in a labor-management forum. If the parties are unable to reach agreement on the specific volunteer project the City will cease activity on the project, except that any previously agreed upon scheduled events involving the volunteer project may take place, and no new activity may be scheduled. ARTICLE 20 - EQUAL EMPLOYMENT OPPORTUNITY - NONDISCRIMINATION The employer or the Union shall not unlawfully discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of race, color, religion, political affiliation, ancestry, national origin, sexual orientation, marital status, age, sex, gender, Vietnam era Veteran's status, mental, sensory, or physical disability, unless based on a bona fide occupational qualification reasonably necessary to the operations of the City. Sexual harassment shall be considered discrimination under this Article. Disciplinary action will be taken against employees who engage in any activity under this Article. The employer agrees to take corrective action to assure that any such practices are remedied and that such discrimination does not continue. Reprisal against a grievant or witness for a grievant is prohibited. The City and the Union, recognizing the need for Equal Employment Opportunities, do mutually agree to be supportive to the City's Equal Employment Opportunity Policy. Wherever words denoting a specific gender are used in the Agreement, they are intended and shall be construed so as to apply equally to either gender. P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 20 ARTICLE 21 - SICK LEAVE Section 21.1 Accrual Rate Regular full-time employees will accrue eight (8) hours of sick leave for each continuous month of service. Regular part-time employees' sick leave accrual will be pro-rated based upon the total hours compensated each month. Sick Leave is accrued according to completed months of continuous service with the City. This is calculated from the date of employment (hire date) or rehire, whichever is later. Employees' semi-monthly sick leave credits will be posted on the payday following the accrual of such leave. For regular part-time employees adjustments in sick leave credits will be made the month following the month worked. Sick leave must be accrued before it can be used. The maximum number of accumulated sick leave hours at any given time is one thousand forty (1,040). Section 21.2 Sick Leave Incentive Program In order to provide an incentive for using sick leave only as necessary, members of the bargaining unit shall be entitled to incentive pay for maintaining their sick leave balance at the following levels: Sick Leave Hours Amount of Cash Incentive 0 - 239 No incentive 240 - 479 8 hours base pay 480 - 719 16 hours base pay 720 - 959 24 hours base pay 960 + 32 hours base pay Incentive pay would be granted in January of the following year. For purposes of determining eligibility to receive incentive pay an employee must have maintained the 240+, 480+, 720+, or 960+ hour accrual for the entire preceding calendar year. If an employee falls below one of the designated accrual levels they will not be eligible for the corresponding incentive pay. Section 21.3 Physician's Statement Employees who are absent for four (4) or more consecutive days due to illness or injury may be required by their supervisor, upon returning to work, to submit to Employee Services a statement from a physician stating the reason for the absence. Employee Services will provide necessary coordination with or information to the employee's supervisor as needed. P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 21 Section 21.4 Sick Leave Uses Sick leave may be used by the employee for bona fide cases of: A. Illness or injury of the employee, which prevents the employee from performing his/her regular duties. B. Disability of the employee due to pregnancy and/or childbirth. C. Health care appointments. D. Care of family members as allowed by either State or Federal Law. E. For bereavement/funeral leave as allowed in Article 23 Bereavement Leave. Section 21.5 Prompt Notification Employees incapacitated by illness or injury shall personally call and speak to their supervisor within one (1) hour of their scheduled starting time, except where there are extenuating circumstances, or when a physician has verified in writing that the employee will be out for a clearly defined period of time. If the supervisor is not available, the employees shall personally call and speak to their Superintendent. If the Superintendent is not available, the employees shall call the office receptionist to leave a message for their supervisor/superintendent. Failure to do so may result in loss of paid sick leave for that day. During periods of extended illness, employees shall keep the Employee Services Department informed as to their progress and potential date of return to work. The Employee Services Department will provide necessary information to or coordination with the employee's supervisor as needed. Section 21.6 Sick Leave Abuse Abuse of sick leave shall be grounds for suspension or dismissal. An employee's ability to work regularly and as scheduled is a requirement for continued employment. The City has the right to take corrective action to deal with abuse of sick leave or situations where the employee has prolonged and/or frequent or regular absences, which hinder the performance of the employee's job duties or the efficiency of the department. Such corrective action may include medical consultations, physician's statements or disciplinary action including termination. Section 21.7 Conditions Not Covered Employees shall not be eligible for sick leave when: A. Suspended or on leave without pay and when laid off or on other non-pay status. B. Off work on a holiday. C. While on vacation, unless the employee or an immediate family member is admitted to the hospital. ARTICLE 22 - JURY DUTY City shall pay the difference between jury pay and full salary in accordance with City Policy. P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 22 ARTICLE 23 - BEREAVEMENT LEAVE Section 23.1 Bereavement Leave Members of the bargaining unit shall receive three (3) days bereavement pay for death in the immediate family. Section 23.2 Immediate Family A. Immediate family shall be defined as the employee's legal spouse, daughter or son (step also), daughter or son-in-law, mother or father (step also), mother or father-in-law, sister or brother (step also), sister or brother-in-law, grandparents, grandparents-in-law, grandchildren. B. Other members or non-members of the employee's family could be considered immediate family as a result of special circumstances (example: aunt or uncle with whom an employee lived, where such a person could have been regarded as a substitute parent). An employee must ask for an exception ruling from Employee Services in order to receive bereavement leave for persons classified in this category. Such request must explain the relationship of the person(s) involved, either as family or non-family members. Section 23.3 Use of Leave A. In the event that the time required for immediate family bereavement leave is in excess of the three (3) days of bereavement leave, sick leave may be taken. A maximum of ten (10) days sick leave may be granted by the department director or Employee Services Director for this purpose. Distance, travel time or other factors will be considered to determine the number of sick days to be granted. B. If additional time is needed in addition to the three (3) days of bereavement leave and ten (10) days of sick leave, other available leave may be utilized (compensatory time or annual leave) subject to approval of the department director or Employee Services Director. C. Attendance at funerals of close friends and other close relatives, who do not meet the definition in Section 23.1, will not qualify for bereavement leave. It will be recognized as sick leave. Sick leave may be taken for only the actual time required to attend the funeral, but shall not exceed four (4) hours D. Paid time off will not be granted when a funeral occurs during the time an employee is on annual leave, paid sick leave, or a City Holiday. P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 23 Section 23.4 Reauest and Approval A. Employees shall request funeral leave in writing through their department supervisor and department director for approval. B. Final determination shall be made by the Department Director, in consultation with the Employee Services Director, or designee, regarding the extent to which funeral/sick leave will be granted. Distance, travel time and/or other factors will be considered to determine the number of days to be granted. ARTICLE 24 - VACATIONS Section 24.1 Accrual Rate All regular full-time employees will accrue vacation time at the rate based on the following schedule: Hours of leave accrued Years of Employment Monthly Annually 1st through 4th year 8 hours 96 hours 5th through 9th year 10 hours 120 hours loth through 12th year 12 hours 144 hours 13th through 14th year 12.67 hours 152 hours 15th through 16`h year 13.33 hours 160 hours 17th through 19th year 14 hours 168 hours 20th through 24th year 14.67 hours 176 hours 25th year and thereafter 16 hours 192 hours All regular part-time employees leave accrual shall be pro-rated based on the percentage of full- time hours compensated each month. Such vacation accruals will be posted on a semi-monthly basis. Any employee who leaves employment or is involuntarily terminated within the first six (6) months of employment, will not have accrued any annual leave. Section 24.2 Scheduling Whenever possible, vacations will be scheduled for the convenience of the employees involved, subject to work scheduling requirements of the department. All vacation leave use must be pre-approved by the employee's Superintendent or designee. Section 24.3 Maximum Accumulation The maximum vacation leave an employee may accumulate is two hundred forty (240) hours. Employees may exceed the maximum accruals during a calendar year, but shall be at or below P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 24 the maximum limit as of December 31" of each year. Employees may request carry over exceptions in writing to the Employee Services Director, or designee. Such exceptions will be approved on a case-by-case basis and shall not be precedent setting. ARTICLE 25 - EMERGENCY CONDITIONS In the event of a natural disaster, threats/acts of terrorism, any declared emergency, or inclement weather resulting in emergency conditions the following provision shall apply: Employees who are unable to travel safely to work or who, with supervisory authorization, request to leave before the end of their shift, shall be required to use annual leave or compensatory time to cover all hours away from work. ARTICLE 26 - MILITARY LEAVE The City and Union agree that members of the bargaining unit, who are members of the Washington National Guard or any Federal Reserve military unit will be entitled to be absent with pay from their duties with the City for periods of time up to a cumulative maximum of fifteen (15) work days (a work day = 8 hours of work) or fifteen (15) consecutive work days during each calendar year. ARTICLE 27 - SEVERANCE PAY Full-time employees shall, in the event of a reduction in force, be paid at the time of their separation a sum equal to two (2) weeks pay from which no deductions shall be made except as required by State and Federal Law. Provided, however, that no employee accepting any other employment with the City shall be entitled to such pay. ARTICLE 28 - STANDARD DRESS, TOOLS AND LICENSES Section 28.1 Uniform Allowance The City will provide a one-time issuance, for all full time, regular part-time, and 10-month employees, of 11 pairs of pants, 11 shirts, and 3 coats. Replacements to these uniforms will be provided on an as needed basis per City/departmental policies or procedures. Coveralls will be allocated based on operational need. Temporary employees will be provided 11 shirts, 1 jacket, and coveralls as needed at the discretion of the Superintendent. Additional uniforms may be allotted where a need can be demonstrated. In addition, the City will provide options in the selection of coats, shirts, overalls, and coveralls (to include insulated coats and coveralls). It is understood that regular employees may substitute up to six (6) pairs of pants for Carhartt pants. Of these six (6) Carhartts, up to three (3) may be bib overalls. Management reserves the right to determine additional options available The laundering of these uniforms will be a standard schedule and paid for by the City. The City and Union agree to work together toward reducing the cost of providing and maintaining employee uniforms. P.\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 25 Y The maximum safety shoe allowance for regular full-time, regular part-time, 10-month and 8- month employees shall be one hundred seventy dollars ($170.00), plus tax, per pair, as needed. Four-month employees shall receive a maximum safety shoe allowance of seventy five dollars ($75.00), plus tax, per pair, as needed. Proper attire: Each employee in the bargaining unit while on duty must be attired properly and in accordance with City Policy and/or reasonable rules regarding safety. Section 28.2 Tools and Equipment Allowance All existing mechanics as of the date of the signing of this agreement will be grandfathered to be authorized to receive three hundred fifty dollars ($350.00), plus tax, per year for the purchase of work tools, which are on the City's approved tool list. The City shall reimburse the actual cost of mechanic tools based on a receipt and reimbursement method. The City will provide new mechanics with a fully furnished tool box; such employees shall not be eligible for the mechanic tool allowance. Grandfathered employees shall have the option of switching from the allowance option to the City provided tools option at the beginning of each calendar year. Once an employee has moved to the City provided tools, the employee shall no longer be eligible for the tool allowance. The City will also purchase air-tools. Labor-management committee reserves the right to prioritize the purchase of tools. In addition, the City agrees to provide at its cost, the minimum, safety equipment required under W.I.S.H.A. (Washington Industrial Safety and Health Act). The City agrees to purchase insurance to cover theft of employee owned tools from City premises required for employment. City obligation shall be limited to loss due to burglary. Employee shall comply with all terms and conditions of the insurance carrier. Deductible to be paid by the City. Section 28.3 License/Certification Requirements Employees required to obtain licenses, certifications or physical exams shall be responsible to obtain such within the timeline outlined in their job descriptions. Failure to do so may be grounds for disciplinary action up to and including termination. The City shall allow the employee a reasonable amount of time off with pay to take the necessary test/exam. The City shall pay the cost of the license, certification or physical exam and/or the registration cost for reasonable training to obtain/mair stain the license or certification. If the employee fails to obtain the required licenses/certifications after three attempts, the employee shall be responsible for the cost of repeating the same exam/training. The City reserves its right to determine the reasonable licenses and certifications required for P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract.doc Page 26 the work assigned to the positions. ARTICLE 29 - SUBSTANCE ABUSE TESTING All members of the bargaining unit shall comply with City policy #2.25 - Substance Abuse. Random testing, however, shall only apply to those employees required to carry a commercial driver's license (CDL) as a condition of employment. ARTICLE 30 - SAVINGS CLAUSE If any Article of this Agreement or any Addendum thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of this Agreement and Addendum shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such Article. ARTICLE 31 - ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. ARTICLE 32 - SUBORDINATION OF AGREEMENT It is understood that the parties hereto and the employees of the City are governed by the provisions of applicable Federal Law, State Law, and the City Code. When any provisions thereof are in conflict with the provisions of this Agreement, the provisions of said Federal Law, State Law, or City Code are paramount and shall prevail. P,\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 27 ARTICLE 33 -TERM OF AGREEMENT This Agreement shall be in force and effect from January 1, 2006 through December 31, 2008. Signed this 2 day of February 2006, at Kent, Washington. CITY OF KENT TEAMSTERS LOCAL UNION #117, 220 4th Avenue South AFFILIATED WITH THE INTERNATIONAL Kent, Washington 98032 BROTHERHOOD OF TEAMSTERS 14675 Interurban Ave S, Suite 307 Tukwila, WA 98168 B BY z e Cooke, ohn A. Williams, M Secr tary-Treasurer BY Sue Viseth, Employee Services Director Approved as negotiated: BY Anh Hoang, Labor Relations Manager Approved as to for om Br ,r, City Attorney Attest: BY Brenda Jacober, City CI P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page 28 K APPENDIX "A" - WAGES The salary schedule for positions in the bargaining unit shall be as follows: A. Effective February 1, 2006, the base salaries for the job classifications set forth in Appendix "B" will be increased by one hundred percent (100%) of the Seattle-Tacoma- Bremerton CPI-W, June 2004 to June 2005, which is two and three-tenths of one percent (2.3%). In addition, each regular employee of the bargaining unit will receive a one time payment of one hundred fifty dollars ($150.00), less applicable taxes, which will be included in the first check paid to employees which includes the new 2006 pay rates. B. Effective January 1, 2007, the base salaries for the job classifications set forth in Appendix "B" will be increased by ninety percent (90%) of the Seattle-Tacoma- Bremerton CPI-W, June 2005 to June 2006, plus three-tenths of one percent (0.3%). This additional three-tenths of one percent (0.3%) is provided to the general membership in lieu of applying specific market adjustments for certain classifications within the bargaining unit. C. Effective January 1, 2008, the base salaries for the job classifications set forth in Appendix "B" will be increased by ninety percent (90%) of the Seattle-Tacoma- Bremerton CPI-W, June 2006 to June 2007, plus three-tenths of one percent (0.3%). This additional three-tenths of one percent (0 3%) is provided to the general membership in lieu of applying specific market adjustments for certain classifications within the bargaining unit. D. Temporary employees shall be paid in accordance with the following schedule, except that the City may pay more in hourly wage as it deems appropriate to maintain a qualified workforce. Temporary Four-Month Employees Start at $7.63/hour or minimum wage, whichever is higher Greater than 1040 hours = $8 00/hour Greater than 2080 hours = $9.00/hour Temporary Eight-Month Employees Start at $8.50/hour Greater than 1040 hours = $9.50/hour Greater than 2080 hours=$11.00/hour This Temporary Employee wage schedule includes wages and pay in lieu of benefits for vacation, sick leave, holidays, bereavement leave, insurance and other miscellaneous benefits except as provided for in Section E. Personal Leave for Temporary 8 ionth Employees. P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract.doc Page A-1 f R E. Personal Leave Days for Temporary Eight-Month Employees 1. Eligibility and Accrual. Effective January 1, 2007, Teamsters temporary eight- month employees are eligible to accrue four (4) hours of Personal Leave for each full time month they work while in a temporary eight-month status. Accrual of Personal Leave shall begin with the fifth (5th) full-time month in an eight-month status with the City. However, the employee's accruals for months five (5) through eight (8) will not be posted to the employee's Personal Leave account until they return for their second eight-month cycle with the City. Upon the employee's return for the second eight-month cycle, the employee will be credited with up to sixteen (16) hours of Personal Leave earned during their first eight-month cycle worked. They will be eligible to use personal leave accrued; and they will also begin to accrue four (4) hours per month for each full time month they work. Eight-month employees will not accrue any leave for furlough months or months in which they work as temporary part-time employees. a) Teamsters temporary eight-month employees who, as of January 1, 2007, have worked at least eight (8) full time months in an eight-month capacity shall be eligible to accrue Personal Leave at four (4) hours per month for each full time month they work from January 1, 2007 forward. b) Teamsters temporary eight-month employees who worked as eight-month employees prior to January 1, 2007, but have not worked a full eight-month cycle with the City, will receive credit towards their eligibility to accrue Personal Leave for each full time month worked prior to January 1, 2007. Example 1: Employee was hired and works as a Teamsters eight-month temporary from July 1, 2006 to February 28, 2007. The employee will accumulate two (2) months of leave credit, which is eight (8) hours of Personal Leave. The employee returns for his second eight-month cycle on July 1, 2007, at which time, his Personal Leave bank will be posted with the eight (8) hours he accumulated in January and February of 2007. In addition, he will accrue four (4) hours of Personal Leave for each full time month he works from July 1, 2007 forward. Example 2: Employee was hired and works as a Teamsters eight-month temporary from December 1, 2006 to July 31, 2007. The employee will accumulate four (4) months of leave credit, which is sixteen (16) hours of Personal Leave. The employee works as a temporary part-time employee from August 1, 2007 to November 30, 2007, during which time no leave credits are earned. The employee resumes his eight-month full time work hours on December 1, 2007, at which time, his Personal Leave bank will be posted with the sixteen (16) hours he accumulated from April through July of P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page A-2 r � 2007. In addition, he will accrue four (4) hours of Personal Leave for each full time month he works from December 1, 2007 forward. 2. Use of Personal Leave: Teamsters temporary eight-month employees may use their accrued Personal Leave once it is posted in increments of one (1) hour or more for qualified and management-approved sick leave, vacation, holiday or bereavement leave. 3. Maximum Accrual: Teamsters temporary eight-month employees may accrue a maximum of sixty four (64) hours of Personal Leave. 4. Cash Out: Teamsters temporary eight-month employees will have their accrued Personal Leave cashed out at separation of employment with the City. 5. Conversion of Personal Leave: A Teamsters eight-month employee who is hired into a regular full time or regular part-time position with the City will have his/her accrued, unused Personal Leave converted into vacation leave. All policies and procedures surrounding the use and cash out of annual leave shall apply. However, the employee may use only the converted Personal Leave balance during the first six (6) months of employment as a regular employee. P\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract doc Page A-3 k APPENDIX "B" - BARGAINING UNIT CLASSIFICATION SCHEDULE Effective 1/1/06 Effective 6/1/07 Classification Salary Range Salary Range Meter Reader I Range TM17 TM17 Meter Reader II Range TM21 TM21 Meter Reader III Range TM25 TM25 Meter Reader IV Range TM28 TM28 Maintenance Worker I* Range TM17 TM17 Maintenance Worker II Range TM21 TM21 Maintenance Worker III Range TM25 TM25 Maintenance Worker IV Range TM28 TM29 Maintenance Worker V Range TM30 TM30 Maintenance Technician Range TM31 TM31 Field Supervisor Range TM34 TM34 Mechanic Assistant Range TM20 TM20 Mechanic I Range TM24 TM24 Mechanic II** Range TM28 TM28 Senior Mechanic Range TM32 TM32 *The Maintenance Worker I classification is intended to be a training/apprenticeship classification. Employees hired into this classification may move to the Maintenance Worker II classification when they have passed a six-month probation period and have passed all tests for all required certifications of the Maintenance Worker II position into which they will move. Such licenses and certifications may include, but not be limited to: Commercial Driver's License (CDL), First Aid Card, Flagger Card, Defensive Driving Course. **Both parties agree to work in joint Labor/Management Committee to develop a certification program for the Mechanic II classification. Upon completion of such program development, all incumbents in this classification shall participate in and obtain the required certification(s). P-\PUBLIC\LCC\Laobr\UNION\TEAMSTER\Contracts\TM 2006 Contract.doc Page B-1 i APPENDIX "C" - TEN-MONTH MAINTENANCE EMPLOYEE Salaries - Regular: Employees in this classification shall receive compensation whether on an active or Inactive status during their employment with the City. For purposes of computing such compensation the annual base wage shall be paid in twenty four (24) equal installments on the City's regular pay dates. Salaries - Overtime: Overtime, based upon base wage for classification, shall be provided for employees who are required to work in excess of eight (8) hours per day or forty (40) hours in any week. Overtime compensation shall be paid in the form of cash or compensatory time off in accordance with this Agreement. Jury Duty/Bereavement Leave: While on active status, the employee shall be allowed time off with pay In accordance with the City's policy for]ury duty and bereavement leave. Personal Leave Days: Employees in this classification shall be provided Paid Personal Leave Days in lieu of Holiday leave and Sick leave. The paid Leave Days or portions thereof may be used, with departmental approval, to maintain pay during periods of illness and observed holidays. A Personal Leave Account of employees will be credited with fifteen (15) days during the first pay period of the work year (ten-month active period); provided, that under no circumstances will the account be allowed to accrue more that thirty (30) days. Personal Leave Days which are not used may be accrued from year to year. Such accrual shall be limited to thirty (30) days with subsequent crediting of annual allocations contingent upon current leave balances. Except In the case of illness, an employee shall not be allowed use of more than two (2) Personal Leave Days per month during the first five (5) months of employment. Annual Leave: Annual Leave benefits are not provided to employees filling positions within the ten-month classification. By the nature of the employment classification, employees are provided two (2) months off with compensation each year, thereby providing a reasonable break in employment for purposes of rest and regeneration. Otherwise, employees have the opportunity to exercise the benefits associated with Personal Leave Days which, when exercised, provide time off with compensation during active status. Existing Labor Agreement: All provisions of this Labor Agreement, except as otherwise specified in this Appendix shall apply to members of the bargaining unit occupying ten-month positions. For purposes of clarification, "ten-month employees" are those who are regularly assigned to a work schedule consisting of ten (10) months of active status and two (2) months of inactive status during a twelve (12) month period. i P 1PUBLICTCCTaobrWNIONJEAMSTER1Contracts\TM 2006 Contract doe Page C-1