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ES06-016 - Other - AFSCME 2006-2008 Labor Agreement - 03/27/2009 - Letter of Understanding - 2009 Furlough Leave Clarification
ab Records Ma- =r gernli��bjim, KENT Document WA 9 HI NGTON - - 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: G SC(�- © � This is assigned by City Clerk's Office Project Name: Letter of Understanding - 2009 Furlough Leave Clarification Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3/27/2009 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: S Vlseth Department: ES Detail: (i.e. address, location, parcel number, tax id, etc.): s Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 EMPLOYEE SERVICES DEPARTMENT Sue Viseth Employee Services Director 220 Fourth Ave So Kent, WA 98032-5895 4eKENT Fax, 253-856-6270 WA5HIMGTGM Phone: 253-856-5270 March 27, 200; Ethan Fineout Staff Representative AFSCME, Council 2 PO Box 750 Everett, WA 98206 RE: Furlough Leave Letter of Understanding Dear Ethan, This Letter of Understanding ("LOU") memorializes the agreement between the City of Kent ("City") and the Washington State Council of County and City Employees, AFSCME Local #2617 ("Union"), which is intended to clarify the understanding and implementation of the Memorandum of Understanding regarding Furlough Leave Days • (hereafter referred to as "Furlough MOU") signed between the parties on March 16, 2009. The parties have discussed and agree to the following: 1. Bargaining unit employees' overtime rate will not be affected by the wage reductions due to the administration of the Furlough MOU, with the exception of longevity pay effects as described in item 4 below. To administer this, the City will have regular employees'"regular rate" for overtime calculation purposes reflect the employee's pay scale rather than the actual amount of pay they are receiving. o To administer the Furlough MOU, the City reduced the full time equivalent (FTE) status for regular full time (RIFT) employees by 3.08%. The City reduced the hourly rate of regular part-time (RPT) employees by 3.08%. The pay scale was left in tact as if no wage reductions had occurred. o By reflecting the pay scale for the overtime rate rather than the actual pay rate, the bargaining unit employees' overtime rate will not be affected by the furlough wage reduction with the exception of item #4 below. o For RPT employees whose hourly rates were reduced, the City's timekeepers will be instructed to manually change the RPT employees' pay rate to reflect the employee's pay scale hourly rate rather than their 3 reduced actual hourly pay rate when entering a RPT employee's overtime y pay. Because this is a manual process by the timekeepers, the parties understand that some administrative errors may occur. However, the City will make every effort to educate timekeepers and audit payroll 3 processes and correct those errors, if and when, they are found. 3 MAYOR SUZETTE COOKE March 27, 2009 Furlough Leave Letter of Understanding Page 2 of 2 . 2. Regular employees separating from the City during the Effective Period (March 16, 2009 to December 15, 2009) of the Furlough MOU who have accumulated leave that is eligible to be cashed out at separation will have such leave cashed out based on the employee's pay scale hourly rate. Therefore, the reduced FTE status for RFT employees or the reduced hourly rate for RPT employees will not affect their leave cash out hourly rate, with the exception of item #4 below, at separation. 3. Regular employees of the bargaining unit cashing out compensatory time or eligible accumulated holiday leave hours during the Furlough MOU's Effective Period will have such leave cashed out at the employee's pay scale hourly rate. Therefore, the employees' leave cash out hourly rate, with the exception of item #4 below, will not be affected by the furlough wage reductions. 4. Longevity pay of bargaining unit employees, as is for all City employees, is calculated based on a percentage of the employee's actual base pay. Since actual base pay is being reduced by 3.08%, longevity pay will be respectively affected. 5. RFT employees who are reduced to RPT during the Effective Period of the Furlough MOU will have their personal holiday leave credits reduced proportionate to their FTE status during the Effective Period. 6. Section 3.a. of the Furlough MOU states, "Regular part-time employees will have their hours reduction and furlough leave credit based on their positions' budgeted percentage of full time equivalents." The employee's budgeted • percentage of FTE will be used as the initial rate for the City to credit (add) the furlough leave hours to the employee's personal holiday leave bank. In addition, the City will retroactively audit and credit (add) or debit (subtract) furlough leave hours to RPT employees' personal holiday leave banks based on hours compensated using the same contract language and practice as it uses for vacation and sick leave adjustments for RPT employees. However, due to the expiration date for the use of furlough leave being on December 15, 2009, the parties agree to use the March 1, 2009 through November 30, 2009 period for the audit and adjustment of furlough leave hours to the personal holiday leave bank for RPT bargaining unit employees. Furlough leave credit/debit based on actual hours compensated for the November 16-30, 2009 pay period will be added and must also be used during the December 1-15, 2009 pay period. By signature below, the parties agree that the above represents the parties' full and entire understanding and agreement as to the implementation and interpretation of the Furlough MOU. FOR THE CITY: FOR AFSCME L L 2617: . "A4 :1 0 3 a'� d 7 Anh Hoang Date Ethan Fineout Date Labor Relations Mgr Staff Representative �l Aa,&�n�J 1 Z<cc>Lc'�( -3<' IJq Kathleen Etheredge J Date Local 2617 President