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HomeMy WebLinkAboutES06-016 - Other - AFSCME 2006-2008 Labor Agreement - 04/23/2009 - MOU - Dual Representation MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF KENT (CITY) AND TEAMSTERS LOCAL UNION No. 117, Affiliated With The International Brotherhood Of Teamsters AND Washington State Council Of County And City Employees, AFSCME, AFL-CIO, LOCAL #2617 This Memorandum of Understanding ("MOU") is to memorialize an agreement between the City of Kent ("City") and Teamsters Local Union No. 117 ("Teamsters") and AFSCME Local #2617 ("AFSCME"), regarding the dual union representation of a City of Kent employee, Nathen Harper. This agreement applies only to this employee and shall not be precedent setting for any future situations. Section 1. Purpose WHEREAS, Nathen Harper is employed by the City as a Combination Building Inspector in the Community Development Department, and whose work hours will be reduced from regular full time (RFT) to twenty-one (21) hours per week, which is 52.5% regular part-time (RPT), effective April 16, 2009; WHEREAS, the body of work of a Combination Building Inspector is and will continue to be represented by the AFSCME bargaining unit; WHEREAS, Mr. Harper is qualified and has been offered a temporary 8-month Maintenance Worker 3 position in the Human Services Division of the Parks, Recreation and Community Services Department of the City effective April 20, 2009. In this capacity, Mr. Harper is scheduled to nineteen (19) hours per week; WHEREAS, the body of work of a Maintenance Worker 3 is and will continue to be represented by the Teamsters bargaining unit; and NOW, THEREFORE, in the best interest of the employee, Nathen Harper, the parties agree to the following. Section 2. Agreement A. The parties are in agreement to have Mr. Harper be dually represented by the AFSCME bargaining unit for the Combination Building Inspector work, while being represented by the Teamsters bargaining unit for the Maintenance Worker work he performs. B. Mr. Harper will be considered a regular part-time employee within the AFSCME bargaining unit and shall have full rights and privileges of the AFSCME Collective Bargaining Agreement (CBA) for all hours and activities in the performance of the Combination Building Inspector duties. He will pay union dues to AFSCME in the amount specified in the CBA. His salary for hours worked in the Combination Building Inspector position shall be at salary range AF34. He will continue to have recall rights to a full time position of Combination Building Inspector for a period of 24-month after his personnel reduction as specified in the AFSCME CBA. C. Mr. Harper will be considered a regular part-time employee within the Teamsters bargaining unit for the purposes of longevity pay, leave accruals and uniform benefits and shall have full grievance rights under the Teamsters CBA for all hours and activities in the performance of the Maintenance Worker duties. However, Mr. Harper will not be eligible to accumulate seniority for the purposes of layoff, recall, personnel reduction, bumping, and transfer of seniority within the Teamsters bargaining unit and shall not be eligible for any other rights or privileges of the Teamsters CBA not specified herein. His salary for hours worked in the Maintenance Worker 3 position shall be at salary range TM25. He will pay union dues and assessments to Teamsters in the amount specified in the CBA and the Union's Bylaws. D. This dual representation status will be in effective for the length of time Mr. Harper is employed in both positions of Combination Building Inspector and Maintenance Worker 3. This Agreement shall cease once Mr. Harper's employment in one or both of these positions ceases, whichever occurs first. At such time, Mr. Harper's union representation status will be determined by the position he occupies. E. If questions or concerns regarding Mr. Harper's union representation status, rights and/or privileges under either or both of the CBA's should arise, the affected parties agree to meet to promptly resolve such questions and/or concerns. Section 3. Signatures By signature below, all parties agree that the above represents the parties' full and entire agreement with regard to Mr. Nathen Harper's union representation status. rc/ Signed this WO — day of April 2009. U Tea;M� n: For the City: JLAJ Tracey A. Th mpson, Secretary-Treasurer Anh Hoang, Labor Oations Manager For the FSCM Union: For the Employee: Ethan Fineout, Staff Representative 146then Harper,Imployee Kathleen Wit, Local #2617 President i5;t-he_�e-