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Home My WebLink AboutCAG2001-0034 - Other - AFSCME 2001-2003 Labor Agreement - 04/21/2003 - MOU - Clarification of Seniority in Article 3 Records MCe me . KENT -_ WASHINGTON �' Document 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 questions, please contact City Clerk's Office. Vendor Name: AFSCME Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Memorandum of Understanding - Clarification of Seniority in Article 3 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 4/21/2003 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: S. Viseth Department: ES Detail: (i.e. address, location, parcel number, tax id, etc.): S.Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN • THE CITY OF KENT (CITY) AND WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES, AFSCME, AFL-CIO, LOCAL#2617 (UNION) By signature below the parties agree to the following clarification of the layoff and recall provisions of the current Collective Bargaining Agreement This agreement shall not be deemed as a modification of any specific provision of the Collective Bargaining Agreement, but shall serve as clarification for the issues as specified The language identified in italics shall be the current language as it exists in the parties' Collective Bargaining Agreement—any language in bold shall serve as clarification of the language provisions Although the clarifications are grouped with the most appropriate sections and subsections, they apply to all provisions of the Collective Bargaining Agreement as it pertains to layoff and recalls Section 3 2— Sernonty A. For the purposes of this article permanent service shall be defined as regular full time or regular part-time employment with the City of Kent. Clarification: Seniority shall be based on years of service and shall not be pro-rated for regular part-time employees. • B. Seniority,for the purpose of vacation bids shall be defined as the employee's length of permanent service within their department, less any adjustments due to layoff, approved leaves of absence without pay (unless otherwise agreed to by the City),periods of 24 months or less between resignation and reinstatement (according to Civil Service procedures, if applicable), or other authorized breaks in service. C. Seniority,for the purpose of shift bidding, reductions in force, recalls, and reductions in rank resulting from personnel reductions, shall be defined as the employee's length of permanent service within their current rank or classification, less any adjustments due to layoff, approved leaves of absence without pay (unless otherwise agreed to by the City), periods of 24 months or less between resignation and reinstatement (according to Cavil Service procedures, if applicable), or other authorized breaks in service. In the case of an employee who has had a reduction in rank or class, the employee's seniority shall include time spent in the higher rank(s) or class(es). Clarification: Employees in an acting capacity or on a job rotation shall continue to accrue seniority in their permanent classification. Employees shall not accrue seniority in a classification in which they are in an acting status or in a job rotation. Seniority shall be considered all time spent in a classification currently covered within the AFSCME bargaining unit, regardless of what Union it was represented by at the time. D. Seniority for all other purposes, shall be defined as the employee's length of permanent • service with the City of Kent, less any adjustments due to layoff, approved leaves of 1 absence without pay (unless otherwise agreed to by the City),periods of 24 months or . less between resignation and reinstatement (according to Civil Service procedures, if applicable), or other authorized breaks in service. E. Seniority and the employment relationship shall be terminated when an employee: resigns, is discharged forjust cause, is absent for three (3) consecutive working days without notifying the City unless there are extenuating circumstances beyond the employee's control; is laid off and fails to report for work within three (3) working days after having been recalled, does not report for work within forty-eight (48) hours after the termination of an authorized leave of absence, unless there are extenuating circumstances beyond the employee's control, is laid off for a period in excess of one (1) year; or retires or is retired. Section 3 3— Personnel Reduction Should it become necessary due to budgetary conditions, lack of work, or any other reasonable cause, to reduce the number of employees within the City, the following basic provisions shall apply. A. It shall be the responsibility of the City to determinelob classifications in which layoffs are to occur Such factors as nature of work performed and impact on Department operations shall be weighed to determine areas where reductions can be made. B. Order of layoff shall be determined bY4ob classification within the Department. Employees with the least seniority in a classification, as defined in Section 3.2, will be laid off first Clarification: Decision as to which positions to layoff shall be made based on Departmental need. Within a Department, the decision as to which classification is to be reduced shall be made by the City. The least senior employee in that classification within that Department shall be the employee subject to layoff and corresponding bumping rights. Any remaining employees within that classification within that Department may be subject to reassignment within the classification. C. If an employee subject to layoff has more seniority than an employee in the same classification within the bargaining unit or in a classification previously occupied by the employee within the bargaining unit and meets the minimum qualifications for theJob, the more senior employee shall have the option of bumping the less senior employee. For purposes of bumping, an employee bumping to a lower compensated or equivalently compensated classification shall add their seniority in that classification to any seniority in an equivalently compensated or higher compensated classification. Although seniority can accumulate from a higher compensated classification to a lower compensated classification or between two (2) equivalently compensated classf cation following the line of progression, seniority cannot accumulate from a lower compensated classification to a higher compensated classification It is understood that employees in non AFSCME positions shall be entitled to bumping rights but shall only be allowed to accumulate seniority,for this purpose,for time spent in bargaining unit classifications. • 2 Clarification: Employees may add any seniority they have in a higher compensated • AFSCME classification to the seniority accrued in a lower compensated AFSCME classification. For adding seniority in equivalently compensated classifications, the line of progression shall be the order in which they held the classifications. (For example: Employee spent 5 years at classification A then laterally transferred to classification B for 3 years— both at the same rate of pay—for layoff and bumping purposes, Employee shall have 3 years in classification B and 8 years in classification A.) Employees exercising rights back to the bargaining unit shall only have rights to classifications in which they have previously held. Employees' bumping rights shall be to the position of the least senior employee in the classification to which they are bumping. Employees choosing not to bump shall be considered laid off and afforded all benefits and rights accordingly. Employees shall have three (3) working days (Monday through Friday, excluding holidays) from receipt of written "Layoff Notice" to select their bumping option, if they have any. Employees having bumping rights due to a more senior employees choice not to "bump" shall have three days from written notification of these bumping options to make their selection. Bumping access and seniority credit for positions that have been affected by a reclassification or reorganization shall be determined on a case by case basis and the determining factor shall be if the positions are significantly similar. D. Employees bumping to a different classification in the same pay range shall remain at the salary step occupied prior to the move and given credit for time served within that salary • step Employees bumping to a lower classification shall be compensated at the salary range of the position they are transferred to. Placement within the salary range shall be at the step closest but not lower than the employee's previous compensation unless the previous salary exceeds the top step of the new pay range At which time, the employee shall be placed at the top step of the new pay range. Their increment date shall not be changed. No bargaining unit employee may be laid off if there are temporary employees working in the same work unit Any employee subject to layoff shall have the right to bump into any temporary position working within the bargaining unit for which they are qualified In which case, they will assume the status of a temporary employee without loss of seniority rights as provided for in Article 3, Section 3.2 of this Agreement Clarification: For the purpose of temporaries, same work unit shall be considered all employees under the lowest non-AFSCME supervisor/manager. No bargaining unit member may he laid off without being given thirty (30) calendar days notice. In the event the Employer intends to cease the operation of the Corrections Facility, it shall provide the Union and the employees such notice not less than six (6) months prior to such change in operation. Clarification: Notice to include specific date of layoff and bumping options available to the iemployee. "Notice of Potential Layoff' shall serve as notice for purposes of the 30 day requirement. 3 Section 3 4— Severance Pay • All non probationary employees shall, in event of reduction in force, be paid at the time of separation, a sum equal to twenty two (22) days pay, not to exceed 176 hours Such severance pay shall be in addition to any and all monies due the employee at the time of separation, provided, however this section shall only apply to employees who are laid off by the City Voluntary termination and other terminations not classified as layoff are excluded from the provisions of this section. Clarification: All non-probationary employees who are either laid off or bumped out of their classification resulting in layoff, shall be eligible for severance pay. Employees bumping to another position shall not be eligible for severance pay. Section 3.5— Notification for Recall All employees who have been laid off shall receive, via certified marl, notification of alljob openings in the City of Kent. The employees shall receive such notification for 24 months from the date of lay-off or reduction. Refusal to accept regular full-time employment offered by the City of Kent during this period, in the classification occupied at time of layoff, shall terminate the employee's notification right. Clarification: Only employees refusing the same classification and same status (regular full-time/regular part-time) that they were originally laid off from shall lose notification rights. • Section 3.6— Recalls All employees who have been laid off shall have the right to apply and compete for any vacancies in the City. Should one or more laid off employees apply for a vacancy within the bargaining unit for which the employee(s) has previously held, said vacancy shall be filled by the most senior applicant, having seniority rights as defined in Article 3, Section 3.2. Employees applying for a position within the bargaining unit which they have not previously held, and who meet the minimum qualf cations for the lob, shall be given preferential consideration over other applicants outside the bargaining unit when the position is filled If an employee is recalled to a classification in the pay range they occupied prior to the layoff, the employee shall return to the salary step occupied prior to the layoff and given credit for time spent within that salary step Employees recalled to a lower compensated classification shall be compensated at a salary range of the position they are transferred to Placement within the salary range shall be at the step closest but not lower than the employee's previous compensation unless the previous salary exceeds the top step of the new salary range. At which time, the employee shall be placed at the top step of the new pay range. The employee shall be given credit for time served within the salary step Clarification: Employees shall continue to have recall rights to all positions previously held until recalled into the same classification and same status (regular full-time/regular part- time) that they were originally laid off from. 4 • By signature below, all parties agree with the provisions of this agreement Signed this Z 1st day of April, 2003 t For the Union For the City: Rob M Sprague,fStafitlkepresentative Sue Viseth, Employee Services Director 7�a;t7� Kathleen Senecaut, Local#2617 President Anh Hoang, Labor R&tions Manager • 5