HomeMy WebLinkAboutES06-177 - Other - Teamsters Local Union #117 - MOU Collective Bargaining Agreement Extension for 2010 - 12/10/2009 Records M10 O erne L
KENT Document
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CONTRACT COVER SHEET
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MEMORANDUM OF UNDERSTANDING
By and between the
CITY OF KENT
And
TEAMSTERS LOCAL UNION No. #117
Affiliated with the International Brotherhood of Teamsters
This Memorandum of Understanding (hereafter referred to as the "Agreement")
memorializes the agreement between the City of Kent ("City") and Teamsters Local
Union No. 117 ("Union"). This Agreement was ratified by the union membership
on, November 10, 2009 and approved by the City Council on November 17, 2009.
This MOU shall supplement the current 2006-2008 collective bargaining agreement
("CBA") and become part of the CBA by this reference. The parties agree to the
following with regard to extension of the current CBA through 2010:
1. CBA Extension: Extend the current CBA and all Memoranda of
Understanding ("MOU's") in effect except for the items listed below, which
shall supersede the current CBA and MOU's. The current CBA and MOU's will
therefore be extended and will expire on December 31, 2010.
2. Wages:
A. Effective January 1, 2010, members of the bargaining unit will not
receive a cost of living adjustment.
3. Negotiation for Successor Agreement: In 2010, the parties agree to
commence negotiation for a successor Agreement.
4. Recruitment and Retention: During the life of this Agreement, through
December 31, 2010, the parties agree to continue reviewing wage
adjustments necessary to address recruitment and retention issues for
bargaining unit positions.
5. "Me Too" for Wages: If any other non-public safety employee group, i.e.
AFSCME or non-represented, receive a more favorable economic package for
the 2010 calendar year, such favorable conditions shall apply in the same
fashion to this bargaining unit.
6. Alternative Work Schedule: The parties agree that members of the
bargaining unit shall have access to the nine-eighty's (9/80's) work schedule
if the majority of the work group elects this option. This means the Parks
Department and Public Works Operations employees shall continue their
9/80's schedule. These alternative work schedules will remain in effect for
the remainder of this Agreement unless they are modified by mutual
agreement between the City and the Union through Joint Labor/Management
Committee. With fourteen (14) calendar days' written notice, the City
reserves its right to revert back to the normal five-eight's (5/8's) work
schedule if issues of safety or departmental operating need arise to justify
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such change. It is understood that the parties will revisit this issue during
the negotiation of the successor Agreement.
7. Furlough Days: Effective January 1, 2010 members of the bargaining unit
will continue to participate in the furlough program as established in March,
2009. However, the MOU has been modified as to the length of the program
(12 months) and the amount deducted from the members' base pay (2.56 %
to 1.92 %). The reductions in pay will start with the January 5, 2010
paycheck and end with the December 20, 2010 paycheck.
A. DEFINITIONS:
1. Furlough Eligible Employees - All members of the bargaining
unit.
2. Furlough Ineligible Employees - All temporary employees of the
bargaining unit.
3. Furlough Leave - Days or hours of leave without pay taken by
members of the bargaining unit in accordance with the terms of
this MOU.
B. FURLOUGH LEAVE:
1. Employees shall reduce their hours by 1.92 % (40 hours per
year) from January 1, 2010 through December 31, 2010 in
exchange for a non-cash furlough leave bank of forty (40)
hours. Regular part-time employees will have their hours
reduction and furlough leave credit based on their positions'
budgeted percentage of full time equivalents.
2. Furlough leave may be taken by employees in not less than one
(1) hour Increment, subject to authorization and scheduling
requirements below.
3. Employees will work with their supervisor to schedule their
furlough leave in advance of taking such furlough. Scheduling
of furlough shall be subject to management approval to ensure
that there will be no increase in overtime and no additional cost
to the City.
4. The following procedure shall be used for the scheduling of
furlough leave time off:
• The use of furlough days shall be in accordance
with _Section 24.2 Scheduling of the CBA
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Furlough scheduling for bargaining unit employees
shall not be contingent upon leave scheduling for
personnel from other bargaining units.
5. Employees must completely use the furlough leave bank on or
before December 15, 2010. There shall be no carryover of the
unused furlough or any portion thereof unless management
denies the use of such based on unforeseeable events or the
inability to maintain adequate staffing. If an employee is denied
the use of said furlough time off, carryover exceptions shall be
reviewed and approved by the Employee Services Director on a
non-precedent setting case-by-case basis, as is currently the
practice for excess vacation accruals.
6. Employees who volunteer to take additional leave without pay
above and beyond the forty (40) hours may do so by request
and approval through their department's chain of command.
C. SENIORITY AND BENEFITS:
1. Furlough leave will not be considered as a break in service and
shall not affect seniority or step advancement.
2. Probationary periods will not be impacted in that mandatory
furlough leave will not add to the length of the employee's
probation. However, management retains the right to extend
probationary periods based on terms of the CBA.
3. Health care Insurance and related benefits will not be affected
by furloughs except where an employee is on unpaid status for
one (1) calendar month or more.
4. Vacation and sick leave shall continue to accrue, and shall not
be Impacted by employee's hours reduction or use of furlough
leave.
5. Vacation leave carryover shall not be affected by furloughs.
Considerations for vacation carryover exceptions shall follow the
CBA and past practice of the City.
D. NEW HIRES AND SEPARATIONS:
1. New bargaining unit members are subject to furlough
requirements remaining in 2010, which shall be prorated based
on the full number of pay periods remaining in the year. For
example, an employee hired on April 1, 2010 will be required to
take nine (9) months of furloughs, which equals 30 hours (9
months times 3.33 hours/month = 30 hours) of furlough. Their
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hours of work shall be reduced on prorated basis based on the
furlough hours remaining In the year.
2. Employees who have submitted resignation/termination notices
are required to take prorated furlough leave based on the
number of pay periods they worked during the hours reduction
period of this MOU. Employees whose last day of work is on or
before the 7m calendar day of the pay period is not required to
take that pay period's furlough.
3. Employees who voluntarily separate from employment with the
City, or who are terminated for cause, shall reimburse the City
for furlough days used in excess of the prorated furlough leave
earned based on the number of months employed during the
year. For example, an employee working from January 1st
through September 30th who has taken their full 40 hours of
furlough leave shall be financially liable for the 10 hours of leave
taken in excess of the prorated furlough leave which he/she has
earned. Members who are laid-off shall not have to pay back
furlough leave used in excess of the amount earned.
E. TRANSFER OF SENIORITY
1. Section 3.5 of the CBA shall be amended to read as follows:
An employee who is laid off and who is ineligible to bump within
his/her current division due to lack of seniority shall be eligible
to bump back to another department/division within the
bargaining unit in which he/she successfully completed
probation and worked for twelve (12) months or more, provided
that the bumping employee has higher seniority than another
employee in an equivalent or lower classification. 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 regular Teamster employees 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
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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.
Where an employee has no option to bump to another regular
position based on seniority, he/she may bump into a temporary
Teamster position within the same division. If there are no
temporary Teamster positions within the same division, then the
employee may bump Into any temporary Teamster position
within the City. Management retains the right to terminate
temporary employees based on performance or work
availability, but in no instance shall this affect recall eligibility.
F. RECALL
1. Section 3.6 of the CBA shall have the following sentence
added to the last paragraph:
Employees bumping into temporary Teamster positions shall
have recall rights for the eighteen (18) month period following
the layoff date.
G. MISCELLANEOUS
1. To the extent the furlough portion of the MOU conflicts with any
provisions of the CBA or City policies, this MOU shall control
from January 1, 2010 to December 31, 2010.
2. The Union and City will meet as necessary to discuss any other
issues related to the implementation of the furlough days, with
the goal that all eligible employees will serve equitable required
unpaid leaves.
3. The parties agree that the bargaining unit employees' furlough
leave use shall not result in bargaining unit work being
performed by non-bargaining unit employees of the City.
4. Any dispute regarding the interpretation and/or application of
this Agreement shall be handled pursuant to the terms of the
CBA's grievance procedures.
5. This Agreement shall not be interpreted to create a past practice
nor shall it set a precedence for either party.
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The above contains all terms and conditions agreed to by the parties.
�CLL�u b —
Signed this , i day of Nevember 2009.
CITY OF KENT TEAMSTERS LOCAL UNION No. 117,
220 4th Avenue South AFFILIATED WITH THE INTERNATIONAL
Kent, Washington 98032 BROTHERHOOD OF TEAMSTERS
14675 Interurban Ave S, Suite 307
Tukwila, WA 98168
Bjrzejk�e,
B /
Secretary-Treasurer
BY /; ' z4j
Sue Vlseth,
Employee Services Director
Approved as negotiated:
BY
Ray Luevanos,
Labor Relations Manager
Approved as to form:
at Fi a rick putt' City Att rney
Attest:
Brenda Jacober, City tierk
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I
REQUEST FOR MAYOR'S SIGNATURE
KENT Please FIII in All Applicable Boxes
WASHINGTON
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: s Phone (Originator). x 5 z 4 8
Date Sent: 6 cue W Date Required-
Return Signed Document to. CONTRACT TERMINATION DATE:
VENDOR NAME: DATE OF COUNCIL APPROVAL: ZI Nov o y
Brief Explanation I nation of Document:
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0 All Contracts Must Be Routed Through the Law Department
(This Area to be Completed By the Law Department)
Received:
Approval of City Attorney:
City Attorney Comments: ECKEN 9
T
Date Forwarded to Mayor:
' Shaded Areas to Be Completed by Administration Staff
Received:
T_
Recommendations & Comments: 6t
Disposition:
Date Returned: _ "I
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