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Home My WebLink AboutES06-016 - Other - AFSCME 2006-2008 Labor Agreement - 12/10/2009 - MOU - 2 Year Extension of the 2006-2008 Labor Agreement MEMORANDUM OF UNDERSTANDING By And Between THE CITY OF KENT And WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES, AFSCME, AFL-CIO, Local #2617 This Memorandum of Understanding (hereafter referred to as the "Agreement') memorializes the agreement between the City of Kent ("City") and Washington State Council of County and City Employees, AFSCME Local #2617 ("Union"). This Agreement was ratified by the union membership on November 23,2009 and approved by the City Council on December 8, 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 2011: 1. CBA Extension: On January 12, 2009, the parties agreed to extend the CBA to December 31, 2009. This Agreement shall further extend the CBA and all MOUs until December 31, 2011; provided, if there is a conflict between this Agreement and the CBAs or MOUs, this Agreement shall control. 2. Successor CBA: The parties agree to continue to negotiate for a successor collective bargaining agreement to take effect January 1, 2012. 3. Tentative Agreements Reached for Successor Collective Bargaining Agreement: The parties agree to review the tentative agreements reached during negotiation in 2008 and by mutual consent implement them through a subsequent MOU. 4. Wages: A. Effective January 1, 2010, members of the bargaining unit will not receive a cost of living adjustment due to a negative CPI-W (Seattle - Tacoma) for the period of July 1, 2008 through June 30, 2009. B. Effective January 1, 2011, members of the bargaining unit will receive an amount equivalent to 90% of the CPI-W (Seattle- Tacoma) for the period of July 1, 2009 through June 30, 2010 with a minimum increase of zero (0) percent and up to a maximum increase of three and a half (3.5) percent. C. "Me Too" for Wages: If any other non-public safety employee group, i.e. Teamsters or non-represented, receive a more favorable economic package for the 2010 and/or 2011 calendar year, such favorable conditions shall apply in the same fashion to this bargaining unit. Page 1 of 6 S. Furlough Days: For the period of January 1, 2010, through December 31, 2010, certain members of the bargaining unit will participate in a furlough program as set forth below. A. DEFINITIONS: 1. Furlough Ineligible Employees - Members of the bargaining unit within the Corrections Officer and Corrections Sergeant classifications. 2. Furlough Eligible Employees - All members of the bargaining unit who are not "Furlough Ineligible Employees". 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. The hours and pay of all Furlough Eligible Employees shall reduce their hours by 2.31% (48 hours per year) from January 1, 2010 through December 31, 2010 in exchange for a non-cash furlough leave bank of forty eight (48) hours. Regular part-time employees will have their hours reduction and furlough leave credit based on their positions' budgeted percentage of full time equivalents. The reductions in pay will start with the January 5, 2010 paycheck and end with the December 20, 2010 paycheck. 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: • If two or more employees request furlough for the same dates, and it is not feasible to allow those employees to take leave during the same period, then Section 18.3 - Scheduling Annual Leave of the CBA will prevail. Page 2 of 6 • Barring extenuating circumstances, written leave requests from employees shall be responded to with an approval or denial within ten (10) working days. The ten (10) working days shall include days in which the approving manager has received the request and that manager is scheduled to work (not on leave). If the approving manager is on leave for ten (10) working days or more, the manager shall designate a leave approving authority in his/her absence. • Furlough scheduling for Furlough Eligible Employees shall not be contingent upon leave scheduling for personnel from other bargaining units. 5. Employees must completely use the furlough leave called for in this Agreement on or before December 31, 2010. There shall be no cash value to any unused furlough, and if the employee leaves employment with the city without having used all furlough leave, or fails to use the furlough leave prior to December 31, 2010, no payment for the unused hours shall be made. 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 may be 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 eight (48) 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 or civil service rules if applicable. Page 3 of 6 3. Health care insurance and related benefits will not be affected by this Agreement 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 this Agreement. 5. Vacation leave carryover shall not be affected by this Agreement. Considerations for vacation carryover exceptions shall follow the CBA and past practice of the City. D. NEW HIRES AND SEPARATIONS: 1. Employees who become Furlough Eligible after the execution of this Agreement are subject to this Agreement. The amount of furlough leave that shall apply to such employees shall be prorated based the number of full 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 36 hours (9 months times 4 hours/month = 36 hours) of furlough. Their hours of work shall be reduced on a 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 7tn calendar day of the pay period is not required to take that pay period's furlough. 3. Employees who are separated from employment (voluntarily or involuntary layoff) as part of a budget reduction strategy by the City shall not be required to "pay back" the City for furlough time that was taken prior to being "earned." E. MISCELLANEOUS 1. To the extent this Agreement conflicts with any provisions of the CBA or City policies, this Agreement shall control. 2. The parties acknowledge that all parties have fulfilled their obligations to engage in collective bargaining over the subjects contained in this MOU. 3. The Union and City will meet as necessary to discuss any other issues related to the implementation of this Agreement, with the goal that all eligible employees will equitably use furlough leave. Page 4of6 4. 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. For work groups in which City management performs some of the bargaining unit work in addition to general oversight, management agrees not to perform more bargaining unit work than in the past when bargaining unit members were not using furlough leave. 5. Any dispute regarding the interpretation and/or application of this Agreement shall be handled pursuant to the terms of the CBA's grievance procedures. 6. This Agreement shall not be interpreted to create a past practice nor shall it set a precedence for either party. By signature below, the parties agree that the above represents the parties' full and entire agreement. Signed this loth day of December, 2009. CITY OF KENT WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES UNION LOCAL #2617 BY BY jouz e Cooke Ethan Fineout M Staff Representative BY � � BY Sue Viseth Lillian Hernandez Employee Services Director Local #2617 Acting President BY BY(� Ray Luevanos Dori Tolbert Labor Relations Manager Local #2617 Chief Steward Page 5 of 6 s a � Approved as to form: BY Arthur P. Fitzpatrick Deputy City Attorney Attest: BYE-! ter/ Brenda Jacober City Clerk Page 6 of 6 400 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: t,A L-LA..l V AV c _< Phone (Originator): X 5 z `1 Date Sent 2i >- C z c 1 Date Required: Return Signed Document to. p L.tc ,a s CONTRACT TERMINATION DATE: t z ( s l zcOf VENDOR NAME: AF >< ,�lC- Lcc_h DATE OF COUNCIL APPROVAL: r z/ k f 2cc Brief Explanation of Document: (.,� •• r ,ice l T C Y Y E.^` S ! U't+ i'CI T,-i `I-t 212 L. ,v i A ; Mf 0 All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received: Approval of City Attorney lr City Attorney Comments: i Date Forwarded to Mayor: 4, Shaded Areas to Be Completed by Administration Staff s= -Received:- Recommendations & Comments: E ChFo �` Disposition:_ CITY Of KENT CITY C 'RK Date Returned: Iage5870 • 2/04