HomeMy WebLinkAboutES12-004 - Original - AFSCME 2012-2013 Labor Agreement NMI,
Records M een
KENT N- =- M
WAS„,„aro„ — - 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: WA State Council of County and City Employees, AFSCME, Local 2617
Vendor Number: N/A
ID Edwards Number
Contract Number: CS ' a - �C/
This is assigned by City Clerk's Office
Project Name: AFSCME Agreement
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Collective Bargaining Agreement (CBA)
Contract Effective Date: 1/1/2012 Termination Date: 12/31/2013
Contract Renewal Notice (Days): No date specified
Number of days required notice for termination or renewal or amendment
Contract Manager: Teri Smith Department: ES-Labor/Class & Comp
Detail: (i.e. address, location, parcel number, tax id, etc.):
CA, 14471/a
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S,Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
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CITY OF KENT
AND
WASHINGTON STATE COUNCIL
OF COUNTY AND CITY EMPLOYEES,
AFSCME, LOCAL 2617
LABOR AGREEMENT
January 1, 2012 - December 31, 2013
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TABLE OF CONTENTS
PREAMBLE...............................................................................................................................................................1
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT..................................................................1
SECTION 1.1 - RECOGNITION OF UNIT .............................................................................1
SECTION 1.2 - EXCLUDED EMPLOYEES..............................................................................I
SECTION 1.3 - TEMPORARY EMPLOYEES............................................................................1
SECTION 1.4 - LIMITED TERM EMPLOYEES ........................................................................2
SECTION 1.5 - DISPUTE RESOLUTION...............................................................................3
ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION......................................................3
SECTION 2.1 - UNION MEMBERSHIP.................................................................................3
SECTION 2.2 - DUES DEDUCTION ....................................................................................3
ARTICLE 3 - SENIORITY AND EMPLOYMENT PRACTICES...........................................................4
SECTION 3.1 - PROBATIONERS ........................................................................................4
A. Regular Employees (Non-Civil Service) 4
B. Civil Service Employees 4
C. Seniority S
SECTION3.2 - SENIORITY...............................................................................................5
SECTION 3.3 - PERSONNEL REDUCTION............................................................................6
SECTION 3.4 - SEVERANCE PAY.......................................................................................9
SECTION 3.5 - NOTIFICATION FOR RECALL .......................................................................9
SECTION3.6 - RECALLS..................................................................................................9
SECTION 3.7 - POSITION VACANCIES............................................................................. 10
ARTICLE4 - HOURS OF WORK.................................................................................................................11
SECTION 4.1 - HOURS OF WORK ................................................................................... 11
SECTION 4.2 - ALTERNATIVE WORK SCHEDULES ............................................................. 13
SECTION 4.3 - MEAL AND REST PERIODS........................................................................ 13
ARTICLE 5 - OVERTIME, COMPENSATORY TIME AND CALL BACK.......................................14
SECTION 5.1 - OVERTIME ............................................................................................. 14
SECTION5.2 - CALL BACK ............................................................................................14
SECTION 5.3 - COMPENSATORY TIME .............................................................................15
SECTION 5.4 - MANDATORY STANDBY ............................................................................15
SECTION 5.5 - EMERGENCY RESPONSE........................................................................... 16
ARTICLE 6 - UNION ACTIVITIES.............................................................................................................16
SECTION 6.1 - ATTENDANCE AT MEETINGS ..................................................................... 16
SECTION 6.2 - BULLETIN BOARDS.................................................................................. 17
SECTION 6.3 - EMPLOYEE UPHOLDING UNION PRINCIPLES/PERFORMING DUTIES................ 17
SECTION 6.4 - UNION CONVENTION AND CONFERENCE LEAVE BANK ................................. 17
ARTICLE 7 - GRIEVANCE PROCEDURE.................................................................................................18
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SECTION 7.1 - GRIEVANCE OR DISPUTE OVER PROVISIONS OF AGREEMENT........................ 18
SECTION 7.2 - CIVIL SERVICE APPEAL............................................................................ 18
SECTION 7.3 - GRIEVANCE STEPS.................................................................................. 19
Step 1 19 -
Step IB (If Applicable) 19
Step 2 19
Step 3 19
Step 4 20
SECTION 7.4 - GRIEVANCE AGAINST UNION ...................................................................20
Step 1 20
Step 2 20
ARTICLE 8 - DISCIPLINARY ACTION BY THE EMPLOYER.........................................................21
SECTION 8.1 - DISCIPLINARY ACTION ............................................................................21
SECTION 8.2 - DISCIPLINARY/PERSONNEL RECORDS .......................................................21
ARTICLE 9 - WORK STOPPAGES AND EMPLOYER PROTECTION...........................................22
SECTION 9.1 - WORK STOPPAGE DEFINED......................................................................22
SECTION 9.2 - BACK TO WORK ORDER...........................................................................23
SECTION 9.3 - DISCIPLINARY MEASURES BY EMPLOYER....................................................23
ARTICLE 10 - DEPARTMENT WORK RULES........................................................................................23
ARTICLE it - MANAGEMENT RIGHTS...................................................................................................23
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ARTICLE 12 - CONTRACTING WORK.....................................................................................................24
ARTICLE 13 -CIVIL SERVICE AGENDAS/MINUTES......................................................................25
ARTICLE14 - PAY PERIODS......................................................................................................................25
ARTICLE 15 - WAGES, COMPENSATION AND LONGEVITY.......................................................26
SECTION15.1 - WAGES ...............................................................................................26
SECTION 15.2 - SALARY STRUCTURE .............................................................................26
SECTION 15.3 - JOB DESCRIPTIONS AND RECLASSIFICATION REQUESTS ...........................27
SECTION 15.4 - LONGEVITY..........................................................................................27
SECTION 15.5 - EDUCATIONAL INCENTIVE PLAN..............................................................28
SECTION 15.6 - SHIFT DIFFERENTIAL PAY (POLICE SUPPORT)..........................................28
SECTION 15.7 - OUT OF CLASS PAY...... ........................................................................29
SECTION 15.8 - CORRECTIONS PREMIUM PAY/ASSIGNMENT.............................................31
SECTION 15.9 - CORRECTIONS ACCREDITATION PAY .......................................................31
SECTION 15.10 - CUSTODIAN SPECIALTY PAY.................................................................31
SECTION 15.11 - COMMUTE TRIP REDUCTION (CTR) ......................................................31
ARTICLE 16 - EMERGENCY CONDITIONS...........................................................................................32
ARTICLE17 - HOLIDAYS..............................................................................................................................32
SECTION 17.1 - HOLIDAYS OBSERVED ...........................................................................32
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SECTION 17.2 - HOLIDAY LEAVE BANK...........................................................................33
A Eligibility . . . 33
B. Accruals 33
C. Holidays Not Worked 34
D. Holidays Worked 34
E. Holiday Use Restrictions 35
F. Cash Out 36
ARTICLE 18 - ANNUAL LEAVE...................................................................................................................36
SECTION 18.1 - ANNUAL LEAVE ACCRUAL.......................................................................36
SECTION 18.2 - MAXIMUM LEAVE ACCRUAL....................................................................37
SECTION 18.3 - SCHEDULING ANNUAL LEAVE .................................................................37
1. Non-Civil Service 37
B. Civil Service 37
ARTICLE19 - SICK LEAVE...........................................................................................................................38
SECTION 19.1 - SICK LEAVE ACCRUAL...........................................................................38
SECTION 19.2 - USE OF SICK LEAVE..............................................................................38
SECTION 19.3 - PROMPT NOTIFICATION .........................................................................39
SECTION 19.4 - SICK LEAVE ABUSE...............................................................................39
SECTION 19.5 - CONDITIONS NOT COVERED..................................................................39
SECTION 19.6 - PHYSICIAN'S STATEMENT ......................................................................39
SECTION 19.7 - WELLNESS PROGRAM............................................................................40
SECTION 19.8 - SICK LEAVE INCENTIVE PROGRAM ..........................................................40
SECTION19.9 - LIGHT DUTY.........................................................................................40
A. On-the-Job Injury 40
B. Off-Duty Illness or Injury-Reasonable Accommodations 41
ARTICLE 20 - JURY DUTY AND COURT APPEARANCES..............................................................42
SECTION 20.1 - JURY DUTY AND COURT APPEARANCES....................................................42
SECTION 20.2 - JOB-RELATED COURT APPEARANCE ........................................................42
A. Shift Other than Grave 42
B. Grave Shift 42
C. Pyramiding 43
D. Standby Time for Court Appearance 43
ARTICLE 21 - BEREAVEMENT LEAVE.....................................................................................................43
SECTION 21.1 - USE OF BEREAVEMENT LEAVE ................................................................43
SECTION 21.2 - IMMEDIATE FAMILY...... ........................................................................43
SECTION 21.3 - USE OF SICK LEAVE TO SUPPLEMENT BEREAVEMENT LEAVE.......................44
ARTICLE22 - PENSION................................................................................................................................44
ARTICLE 23 - WORKERS' COMPENSATION PROGRAM...............................................................44
ARTICLE24 - INSURANCE..........................................................................................................................44
SECTION 24.1 - MEDICAL/DENTAL PLANS ......................................................................44
SECTION 24.2 - EMPLOYEE CONTRIBUTION-MEDICAL/DENTAL COVERAGE .........................45
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SECTION 24.3 — RETIREMENT HEALTH SAVINGS ..............................................................46
SECTION 24.4 — HEALTH CARE COMMITTEE.....................................................................46
SECTION 24.5 — LIFE INSURANCE ..................................................................................46
SECTION 24.6 — LONG TERM DISABILITY INSURANCE (LTD) ............................................46
ARTICLE 25 — EDUCATION, SEMINARS AND CONFERENCES...................................................46
SECTION 25.1 — REIMBURSEMENT FOR TRAINING SEMINARS/CONFERENCES.......................46
SECTION 25.2 — SPECIAL LICENSES AND CERTIFICATES ...................................................47
SECTION 25.3 — EDUCATION — GENERAL ........................................................................47
SECTION 25.4 — REIMBURSEMENT REQUESTS..................................................................47
SECTION 25.5 — CLASS ATTENDANCE ............................................................................ 48
SECTION 25.6 — REIMBURSEMENT FOR EDUCATION/TRAINING ..........................................48
ARTICLE 26 — LABOR MANAGEMENT MEETINGS............................................................................49
ARTICLE 27 — HEALTH AND SAFETY......................................................................................................49
SECTION 27.1 — WORKING CONDITIONS.........................................................................49
SECTION 27.2 — UNIFORMS AND SAFETY GEAR................................................................49
SECTION 27.3 — MISCELLANEOUS PROVISIONS................................................................51
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ARTICLE 28 — NON—DISCRIMINATION.................................................................................................51
ARTICLE 29 — MILITARY LEAVE...............................................................................................................52
ARTICLE 30 — PRIORITY OF STATE AND CITY LAWS/SAVINGS CLAUSE.........................52
ARTICLE 31 — TOBBACCO FREE WORKPLACE...................................................................................53
ARTICLE 32 — ALCOHOL OR DRUGS IN THE WORKPLACE.........................................................53
SECTION 32.1 — DRUG FREE WORKPLACE.......................................................................53
SECTION 32.2 — DRUG AND ALCOHOL TESTING ...............................................................53
SECTION 32.3 — INFORMING EMPLOYEES ABOUT DRUG AND ALCOHOL TESTING..................53
SECTION 32.4 — EMPLOYEE TESTING ..............................................................................54
SECTION 32.5 — ALCOHOL TESTING ...............................................................................54
SECTION 32.6 — TESTING PROGRAM COSTS ....................................................................54
SECTION 32.7 — REHABILITATION PROGRAM ...................................................................54
SECTION 32.8 — DUTY ASSIGNMENT AFTER TREATMENT...................................................55
SECTION 32.9 — RIGHT OF APPEAL.................................................................................55
SECTION 32.10 — UNION HELD HARMLESS .....................................................................55
ARTICLE33 — 30B ROTATION...................................................................................................................55
ARTICLE34 — 30B SHARE............................................................................................................................56
ARTICLE 35 — VOLUNTEERS AND INTERNS.......................................................................................57
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ARTICLE 36 — CIVIL SERVICE SHIFT BIDDING...............................................................................58
SECTION 36.1 — POLICE RECORDS SHIFT BIDDING..........................................................58
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Subsection 36.1.1 - Police Records Bid/Assignment Process 58
Subsection 36.1.2 - Police Records Bid Rotation 59
SECTION 36.2 - CORRECTIONS POSITION BIDDING .........................................................59
Subsection 36.2.1 - Shift Assignments 59
Subsection 36 2.2 - Bid/Assignment Process 60
Subsection 36.2.3 - Corrections Bid Rotation 61
ARTICLE37 - ENTIRE AGREEMENT........................................................................................................62
ARTICLE38 - DURATION.............................................................................................................................62
SIGNATURES........................................................................................................................................................63
APPENDIX A - SALARY RANGES..............................................................................................................64
APPENDIX B - POLICE DEPARTMENT INTERNAL INVESTIGATIVE STANDARDS........66
SECTION 1 - EMPLOYEE RIGHTS......................................................................................66
SECTION 2 - PSYCHOLOGICAL EVALUATIONS....................................................................67
A. Conditions Under Which Evaluations Will Take Place 68
B. Results of the Evaluation 68
C. Definition 68
APPENDIX C - HEALTH CARE PLAN & PREMIUMS..........................................................................69
APPENDIX D - POLICE RECORDS SHIFT BID....................................................................................71
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PREAMBLE
This agreement is between the City of Kent (hereinafter called the City), and Local
#2617, Washington State Council of County and City Employees, American
Federation of State, County and Municipal Employees, AFL-CIO (hereinafter called s
the Union) for the purpose of setting forth a mutual understanding of the parties as '
to wages, hours, and working conditions, for those employees for whom the City
recognizes the Union as the collective bargaining representative.
The City and the Union shall cooperate to provide the public with efficient and
courteous service, to promote the efficiency of law enforcement, public safety, the
morale and security of employees, to encourage good attendance of employees,
and to promote a climate of labor relations that will aid in achieving a high level of
efficiency and productivity in all departments of City government.
Whenever words denoting the feminine or masculine gender are used in this
Agreement, they are intended to apply equally to either gender.
ARTICLE 1 - RECOGNITION AND BARGAINING UNIT
Section 1.1 - Recognition of Unit
The City hereby recognizes the Union as the exclusive bargaining representative for
regular, full time and regular, part-time employees who work for the City whose
positions are allocated to classifications listed in Schedule "A" in the following
departments/divisions: Finance, Police, City Attorney's Office Prosecution Division,
Economic and Community Development, Parks Operations, Parks Facilities, Parks
Human Services, Public Works Engineering, Public Works Operations, Information
Technology, and the City Clerk's Office.
Section 1.2 - Excluded Employees
The following employees shall be excluded from the bargaining unit:
A. All other represented employees of the City;
B. All Department/Division Directors, Managers, as well as supervisory and
confidential employees as defined by P.E.R.C., and
C. All employees classified as temporary, as defined in Section 1.3.
Section 1.3 - Temporary Employees
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Temporaries shall be considered employees hired to work no more than five (5) °
months in a calendar year (January - December) or who work less than 520 hours
in a calendar year (January - December) and are not regularly scheduled. The City
shall notify the Local Union President of all temporaries performing bargaining unit
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work. This notification will be provided on a quarterly basis to include name,
department, date of hire, and hours worked.
Temporary employees shall be classified Into one of two categories:
A. Five (5) month temporaries are defined as employees who may work up to
forty (40) hours a week for a period not to exceed five (5) consecutive
months in a calendar year (January - December). A minimum of four (4)
months break in service shall occur after any five (5) consecutive month
period.
Management may request a one-time extension of no more than three (3)
months beyond the five (5) months with the approval of the union. At no
point may a temporary employee work more than a total of eight (8) months
in a calendar year.
B. 520 hour temporaries are defined as employees who work 520 hours or less
in any calendar year (January - December) and are typically described as on-
call, Intermittent, or who may be routinely scheduled for only a few hours
each week.
The total number of hours worked by 520-hour temporary employees in any
work unit shall not exceed 1400 hours in any calendar year. A work unit
shall be defined as all employees under the lowest level non-AFSCME
supervisor/manager.
Departments may hire multiple temporary employees as defined above but shall
not combine or overlap temporaries in such a way as to create the equivalent of a
regular position or to avoid the time constraints set herein.
It is understood that the use of temporary employees as provided for in this section
shall not be deemed as supplanting bargaining unit work.
Section 1.4 - Limited Term Employees
Limited term positions are those within the bargaining unit which are grant-funded
or project-based and have a limited duration of employment, not to exceed three
(3) years. Such positions shall be filled in accordance with Section 3.7 Position
Vacancies and shall clearly state the expected duration of the position. Limited
term positions shall be considered regular positions and shall be covered by all
aspects of the Collective Bargaining Agreement.
The position's term may be extended by the City to complete the project for which
it was established. The position's term may also be extended based on mutual
agreement through the Labor/Management process. If the limited term position is
extended or becomes regular and loses limited term status, the incumbent
employee shall have the first right of refusal for the position.
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Section 1.5 — Dispute Resolution
Any dispute arising in the future as to the inclusion or exclusion of a position from
the bargaining unit will be presented to the Public Employment Relations
Commission (P.E.R.C.) for determination. Failing agreement of the parties, pending
resolution, bargaining unit members shall remain members and non-bargaining unit
members shall retain their non-represented status.
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ARTICLE 2 — UNION MEMBERSHIP AND DUES DEDUCTION
Section 2.1 — Union Membership
Except as provided below, it shall be a condition of employment that all employees !
of the Employer covered by this Agreement be members of the Union in good
standing and shall remain in good standing. Except as provided below, it shall be a
condition of employment that all employees covered by this Agreement hired on or
after its effective date shall, on or before the thirty-first (315`) day following the
beginning of such employment, become and remain members in good standing in
the Union. When the application of provisions set forth in the next paragraph are in
dispute, the thirty-one (31) day period shall not begin to run until the dispute has
been resolved through the appropriate proceedings.
In accordance with R.C.W. 41.56.122, employees covered by this Agreement who
for bona fide religious tenets or teachings of a church or religious body are
forbidden from joining a union or association, shall contribute an amount equivalent
to regular union dues and initiation fees, if applicable, to a non-religious charity or
to another charitable organization mutually agreed upon by the Employee and
Union. The Employee shall furnish written proof to the Union that such payment
has been made.
Pending the resolution of any dispute concerning the application of R.C.W.
41.56.122, the amount equivalent to union dues and initiation fees shall be held in
an escrow account.
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Section 2.2 — Dues Deduction
The City agrees to deduct semi-monthly from the paycheck of each employee, who
has so authorized it, the regular monthly dues uniformly required of members of
the Union. The semi-monthly dues amount to be deducted shall be rounded to the
nearest penny in accordance with standard rounding practices. The amounts
deducted shall be transmitted semi-monthly to the Union on behalf of the
employees involved. Said transmission shall include a breakdown of total number
of employees in three categories:
• Full-time (more than 20 hours per week);
• Part-time (more than 12 hours per week not to exceed 20 hours per week);
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• Sub Part-time (12 hours a week or less).
The Union will indemnify, defend, and hold the City harmless against any claims
made and against any suit instituted against the City as a result of compliance with
this article.
The City agrees to provide the Local Union President with an employee register of
the bargaining unit employees each pay period and a list of all new employees
covered by the collective bargaining agreement.
Issues related to the administration of this section will be addressed on a case-by-
case basis in Labor/Management prior to utilizing the grievance procedure.
ARTICLE 3 — SENIORITY AND EMPLOYMENT PRACTICES
Section 3.1 — Probationers
A. Regular Employees (Non-Civil Service)
New Hires: All employees hired or rehired (excluding recalls) shall serve a
probationary period during the first twelve (12) months of employment.
Probationary employees shall have full access to the grievance procedure
except in cases of disciplinary action and/or layoffs.
B. Civil Service Employees
1. New Hires: The parties recognize the purpose of probationary
employment for new hires and rehired employees is to provide a trial
period of employment during which the City can observe the
performance of the probationer for twelve (12) months before
confirming the rights of permanent status. For Corrections Officers
who are required to attend the State Correction Academy, the twelve
(12) month probationary period would exclude time spent in the
academy.
Probationary employees shall have full access to the grievance
procedure except in cases of disciplinary action and/or layoffs.
2. Transferred and Promoted Employees. Any permanent employee who
is transferred (pursuant to the Civil Service process), or promoted
shall be considered as a special probationary employee, and must
successfully complete a twelve (12) month special probationary period
before being permanently appointed to the new position or rank. For
purposes of this agreement, special probationary employees who are
employed as regular full time shall be considered as and entitled to all
benefits of non-probationary members of the bargaining unit.
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If the special probationary employee fails to demonstrate that he or
she can completely and satisfactorily perform the job within the special
probationary period, the City shall return the employee to his or her
former position classification, or rank, without any loss of seniority,
and this determination may not be challenged under the grievance
procedure. Any other employees who were transferred or promoted as
a result of this employee's transfer or promotion shall also be returned
to their former positions, and unless there is a layoff involved, the
bumping procedure shall not apply.
3. Probation Extension. Any probationary period for police department
employees may be extended upon the request of the Police Chief as a
result of approved breaks in service to allow for the completion of
twelve (12) months of satisfactory performance in the employee's
regular assignment.
C. Seniority
In the case of lay off, bumping, and/or recall, there shall be no seniority
among probationary employees during the first twelve (12) months following
the employee's hire date (excluding special probation as referred to in
Section 3.1.13.2). Upon the successful completion of the probationary period,
the employee shall acquire seniority credit, and their seniority shall be
retroactive to the date of employment, less any adjustments due to approved
leaves of absence without pay.
Section 3.2 — Seniority
A. For the purposes of this article, regular service shall be defined as regular full
time or regular part-time employment with the City of Kent. Seniority shall
accrue at an equal rate for regular part-time employees as for regular full
time employees based on years of regular service. Adjustments in seniority
for leaves without pay shall be made for each full calendar month or more.
B. For the purpose of vacation bids, seniority shall be defined as the employee's
length Of regular 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 twenty-four (24) months or less between
resignation and reinstatement (according to Civil Service procedures, if
applicable), or other authorized breaks in service. Employees moved by the
City to another department as part of a reorganization shall retain their
seniority from the previous department.
C. For the purpose of shift bidding, reductions in force, recalls, and reductions in
rank or classification resulting from personnel reductions, seniority shall be
defined as the employee's length of regular 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
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twenty-four (24) months or less between resignation and reinstatement
(according to Civil Service procedures, If applicable), or other authorized
breaks In service.
In the case of an employee who has had a reduction in rank or classification,
the employee's seniority shall Include time spent in the higher AFSCME
rank(s) or classification(s). Seniority In the rank/classification shall Include
all time spent In the current classification, that Is currently represented by
the AFSCME bargaining unit, regardless of that classification's representation
history.
An employee in an acting capacity or on a job rotation shall continue to
accrue seniority in his/her regular rank/classification, not the acting or
rotation rank/classification.
D. For all other purposes, seniority shall be defined as the employee's length of
regular service with the City of Kent, less any adjustments due to layoff,
approved leaves of absence without pay (unless otherwise agreed to by the
City), periods of twenty-four (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 for just 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 twenty-
four (24) months; or retires or is retired.
F. Employees affected by reorganizations or reclassifications shall have the
Impacts on their seniority Identified in writing at the time of the
reorganization or reclassification.
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 determine job 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.
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B. Order of layoff shall be determined by Job classification within the
Department. Employees with the least seniority in a classification, as defined
in Section 3.2, will be laid off first. Where two or more employees share the
same anniversary date within a specific classification, seniority shall be based
on the employee's length of service as a regular employee within the
bargaining unit. Where two or more employees share the same anniversary
date within a specific classification and within the bargaining unit, seniority
shall be based on the employee's length of cumulative service within the City
as a regular employee. For Civil Service employees, if the above language
does not net a result, Civil Service ranking shall then apply. For non-Civil s
Service employees, if the above language does not net a result, seniority
shall be based on the employee's temporary hire date within the City.
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 the job, the more senior employee shall have the option of
bumping the least senior employee.
If an employee that gets laid off is full-time and there are regular, part-time
employees in the same classification, the laid off employee may bump the
least senior full-time employee who in turn may bump the least senior
regular, part-time employee. The intent is for the full-time laid off employee
to bump the least senior full-time employee before he or she bumps the least
senior regular, part-time employee. However, a part-time employee with
more seniority may bump an employee with lesser seniority regardless of
full-time status.
A regular, part-time employee shall be defined as any budgeted position that
is fifty-two and one half percent (52.5%) to less than one hundred percent
(100%) full-time status.
Job share is a unique agreement between two employees and shall be
considered full-time for the purpose of bumping. For job share employees,
seniority shall be based on the primary job share incumbent's seniority within
the classification. Therefore, the secondary employee in the job share shall
not be afforded bumping rights.
For purposes of bumping, an employee bumping to a lower compensated or
equivalently compensated AFSCME classification shall add their seniority in
that classification to any seniority in an equivalently compensated or higher
compensated AFSCME classification. Although seniority can accumulate from
a higher compensated AFSCME classification to a lower compensated AFSCME
classification or between two (2) equivalently compensated AFSCME
classifications following the line of progression, seniority cannot accumulate
from a lower compensated AFSCME classification to a higher compensated
AFSCME classification. It is understood that employees in non-AFSCME
P 1LCC(Labor,Class&Comp)1LaborIUNIONIAFSCMEIContracts12012-20131Final AF 2012-2013 Contract doc Page 7
positions shall not be entitled to bumping rights back Into the bargaining unit
regardless of that employee's union representation history.
D. 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 employee's choice not to "bump"
shall have three (3) days from written notification of these bumping options
to make their selection. An employee whose bumping rights would be to a
classification that no longer exists due to a reclassification(s) or
reorganization(s) shall have his or her bumping access and seniority credit
for such classifications determined at the time of the reclassification(s)
and/or reorganization(s) and documented in the employee's personnel file.
The determination shall be on a case-by-case basis and made by Employee
Services. However, a discussion of the affected positions and the
reclassification/reorganization of that position will occur at a joint labor
management meeting.
E. 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.
F. 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.
G. Any employee bumping into a Civil Service position, must fulfill all the Civil
Service hiring requirements for that position.
H. No bargaining unit employee may be laid off if there are AFSCME temporary
employees in the same work unit (defined as all employees reporting to the
lowest non-AFSCME supervisor/manager). 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. An employee bumping into or
being rehired per this Subsection into a temporary position will assume the
status of a temporary employee without loss of recall rights.
I. No bargaining unit member may be laid off without being given thirty (30)
calendar days notice (notice shall include "Notice of Potential Layoff"). 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.
P 1LCC(Labor,Class&Comp)1Labor\UNION\AFSCME1Contracts12 01 2-2 0 1 31Final AF 2012-2013 Contract doc Page 8
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. Employees bumping to another regular
(non-temporary) position shall not be eligible for severance pay. However,
employees bumping and/or accepting temporary employment within the City shall
be eligible for severance pay. Voluntary termination and other terminations not
classified as layoff are excluded from the provisions of this section.
Section 3.5 — Notification for Recall
All employees who have been laid off shall receive, via electronic mail, notification
of all job openings in the City of Kent. It shall be the laid off employee's
responsibility to keep the City apprised of their current contact information. The
employees shall receive such notification for twenty-four (24) months from the date
of lay-off or reduction. Refusal to accept or acceptance of regular full-time (or
regular part-time if the employee was laid off from a regular part-time position)
employment offered by the City of Kent during this period in the classification
occupied at the time of layoff, shall terminate the employee's notification right.
Laid off employees may cease their notification and recall rights by providing
written notice to the Employee Services Department and the Union.
Section 3.6 — Recalls
Regular employees who have been laid off shall have recall rights for twenty-four
(24) months to bargaining unit classifications in which they have earned seniority
as defined in Section 3.2 Seniority and Section 3.3 Personnel Reduction. During
this twenty-four (24) month period, recall rights shall be exercised before an
AFSCME job opening may be posted for recruitment. Employees shall be recalled in
the order of seniority earned in that classification as defined in Section 3.2 Seniority
and Section 3.3 Personnel Reduction. Probationary employees shall be entitled to
recall and will be required to complete his/her remaining probationary period upon
recall.
An employee bumping into or being rehired per this Section 3.3.H into a temporary
position will assume the status of a temporary employee without the loss of recall
rights. Furthermore, any laid off employee that refuses to accept a temporary
position shall not lose his or her recall rights. Employees hired back in a temporary
status shall not have the recall rights extended from the time that he or she has
been terminated from the temporary position. The twenty-four (24) month recall
period shall remain in effect from the employee's original layoff date.
All employees who have been laid off shall also have the right to apply and compete
for any vacancies posted for recruitment in the City. Employees applying for a
position within the bargaining unit which they have not previously held, and who
r
P\LCC(Labor, Class&Comp)\Labor\UNION\AFSCME\Contracts\2012-2013\Final AF 2012-2013 Contract doc Page 9
meet the minimum qualifications for the job, shall be given preferential
consideration over other applicants outside the bargaining unit when the position is
filled. Preferential consideration shall be limited to twenty-four (24) months.
Refusal to accept or acceptance of regular full-time (or regular part-time if the
employee was laid off from a regular part-time position) employment offered by the
City of Kent during this period in the classification occupied at the time of layoff,
shall terminate the employee's recall right. Acceptance of a lower compensated
position within the bargaining unit shall not terminate the Incumbent's recall right.
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. The employee shall have
three (3) working days to either accept or refuse the recall position. 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.
Employees recalled within the twenty-four (24) month period shall be credited with
any leave amounts that were not cashed out at time of layoff.
Section 15.2.D shall apply to an employee who returns as a result of a recall within
twenty-four (24) months from a layoff to a higher compensated classification.
Section 3.7 — Position Vacancies
When a job opening occurs within the bargaining unit, the City shall first post the
job announcement internally subject to the provisions below in order to establish a
list of qualified applicants, except for Correction Officer vacancies, which shall be
administered through an external testing service (i.e. Public Service Testing). All
qualified regular, full-time and regular, part-time City employees, including those
who were laid off within the previous 24 months, may apply and compete in the
process (regardless of union affiliation). Job announcements shall include
notification of the City's intent to establish an applicant list for the classification
posted and shall be posted on the citywide e-mail system. All job openings shall be
open for a minimum of seven (7) working days. Exceptions to the in-house posting
may be agreed upon by the parties in Labor Management.
The City may thereafter post the Job opening to outside applicants. In such cases,
employees who applied through the in-house process shall be allowed to compete in
the process. Civil Service rules and regulations shall govern all Civil Service
positions.
For non-civil service positions, upon completion of the recruitment and screening
process, the City may establish a non-ranked pool of qualified applicants. This pool
may be utilized for a period up to twelve (12) months for the classification. Such
applicant pool shall be established by classification and may be utilized by multiple
P 1LCC(Labor,Class&Comp)1LaborIUNIONIAFSCME%Contracts12012-20131Final AF 2012-2013 Contract doc Page 10
departments at the hiring manager's discretion. Once an applicant pool has been
established for a job classification in accordance with the above procedure, the City
is not required to reopen positions of the same classification Internally before
accessing the applicant pool. When a qualified applicant pool is being considered
for a subsequent opening, a general notice of such will be sent to all city
employees. In addition, the qualified candidates on the active pool shall be notified
in writing, via email, of the opportunity to contend for the position. If the qualified
applicant pool is not used, the City shall initiate the announcement process with an
internal announcement as required above.
When a regular, part-time incumbent's position is authorized to become a regular,
full-time position, the opportunity shall first be offered to the incumbent employee.
ARTICLE 4 — HOURS OF WORK
Section 4.1 — Hours of Work
A. For the purpose of this Agreement, shift employees shall be defined as any
position that requires bidding for a twenty-four (24) hour shift. Non-shift
employees shall be defined as those positions working a traditional schedule
(5/8s, 4/10s, 9/80s, etc.) and are not eligible for twenty-four (24) hour shift
bidding.
B. For Corrections Officers, Corrections Sergeants, Records Supervisors, and
Records Specialists, the normal work schedule for employees covered by this
agreement shall not exceed forty (40) hours of work in a seven (7)
consecutive day period. The work week will commence at the beginning of
day shift on Sunday and end with completion of Saturday night's graveyard a
shift. The normal work schedule for all Records Supervisors and Records
Specialists shall be designed with a minimum of a thirty (30) minute unpaid
lunch period. The normal work schedule for Corrections Officers and
Corrections Sergeants shall include a thirty (30) minute paid lunch period.
The employee's work schedule, which is a result of the shift bidding process,
shall be posted at least fourteen (14) calendar days prior to the beginning of
the applicable work period. Work schedules may be changed with fourteen
(14) calendar days notice. Work schedules may be changed with less than
fourteen (14) calendar days notice by mutual agreement between the
employee and management.
The work schedule shall be either five (5) consecutive workdays followed by
two (2) consecutive days off, or four (4) consecutive workdays followed by
three (3) consecutive days off, except at shift rotation time, or a mutually
agreed upon alternative work schedule.
Scheduling changes may be made where there is an operating need. The
Union shall be given thirty (30) calendar days advance notice of any change
P\LCC(Labor,Class&Comp)\Labor\UNION\AFSCME\Contracts\2012-2013\Final AF 2012-2013 Contract doc Page 11
d
in the basic schedule (5-2 to 4-3 or 4-3 to 5-2), and of the schedule
determined for new assignments or positions, and the reasons necessitating
it, in order to discuss alternatives and Impacts.
Employees must be scheduled with at least twenty-four (24) hours between
the time each regular shift begins. If as a result of shift bidding, an
employee's schedule would not allow for at least twenty-four (24) hours
between the time each regular shift begins, the employee will be provided an
opportunity to take a day of leave or adjust their schedule for the first week
of the new rotation only. Except as provided herein, the Police
Administration shall have the right to determine the work schedule.
Any employee covered in this section who is required to report back to work
between the end of their regular shift and the beginning of their next regular
shift shall be paid at the overtime rate for all hours worked between regular
shifts.
The parties agree it is mutually beneficial to Correction Officer safety and the
quality of service to provide at least eight (8) consecutive hours of rest for
Correction Officers between regularly scheduled work shifts. To ensure such,
the parties agree to the following:
a. The City will make every effort when scheduling employees to provide
at least an eight (8) hour consecutive rest period between normally
scheduled work shifts. If an employee is mandated by the City to
work overtime (including court overtime), the employee shall take
time off on paid administrative leave to allow for a continuous eight
(8) hour rest period between normally scheduled work shifts.
b. For employees who work additional voluntary hours/assignments:
i. If an employee works seventeen (17) consecutive, regularly
scheduled hours, he/she will be granted one (1) hour of paid
administrative leave at the beginning of his/her next regularly
scheduled shift within a 24-hour period. The intent is to allow
for an eight (8) hour consecutive rest period between the end of
the first shift and the beginning of the next shift.
ii. If the employee works seventeen (17) consecutive hours and
his/her next shift is a voluntary shift, and that shift would begin
prior to eight (8) consecutive hours of rest from the previous
shift, the start time will be adjusted to allow for an eight (8)
hour rest period. The adjusted start time will be unpaid.
c. The provision shall not apply during emergencies. Emergencies
include, but are not limited to, natural disasters, riots, demonstrations,
and special events which cannot be handled by call up for the next
shift.
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C. For regular, full-time employees not covered under Section A above, the
regular hours of work each day shall be consecutive except for lunch periods.
The normal work week shall be five (5) consecutive days of not more than
eight (8) hours per day, Monday through Friday, exclusive of lunch period,
except where the work day or work week is different and is accepted as a
condition of employment when the employee is hired. Scheduling changes
may be made where there is an operating need.
The normal work week for regular, part-time employees shall be up to eight
(8) hours per day and up to forty (40) hours per week, exclusive of lunch
periods.
The employee shall be given at least fourteen (14) calendar days advance
notice of change in the employee's work schedule. Work schedules may be
changed with less than fourteen (14) calendar days notice by mutual
agreement between the employee and management. Change in schedule
shall be allowed with less than fourteen (14) calendar days notice by
employee and management, due to emergency operational need or when the
employee is placed on administrative paid leave and is needed for
interview(s) related to an investigation.
D. Daylight Savings - Employees who work graveyard shift during the fall will
be paid one hour at the overtime rate of time and one-half when the clocks
are moved back one hour. Employees who work graveyard shift during the
spring will be required to utilize one hour of annual or compensatory leave
when the clocks are moved forward one hour, or be allowed to work the
additional hour to complete their normal shift hours.
Section 4.2 - Alternative Work Schedules j
Alternative schedules, as agreed to by employer and Union, may be utilized.
Examples of alternative work schedules include, but are not limited to, flex time,
4/10's, 9/80's, 12-hour shifts, and telecommuting. Any such schedule needs to be
reduced to writing and signed off by the City and the Union. The City reserves the
right, with fourteen (14) calendar days notice to the employee to revert back to the
normal schedule based on operating need and/or employee job performance
concerns. The employee may also, with fourteen (14) calendar days notice, revert
back to the normal schedule.
Section 4.3 - Meal and Rest Periods
All employees shall be granted a meal period of not less than one-half (1/2) hour
nor more than one (1) hour during each work shift. Occasional exceptions may be
made by mutual agreement between the supervisor and employee, as defined in
Section 4.1 above.
I
P 1LCC(Labor,Class&Comp)1Labor\UNION\AFSCME1Contracts12012-20131Final AF 2012-2013 Contract doe Page 13
Except in emergency situations, all employees will be granted one paid fifteen (15)
minute rest period during each one-half (1/2) shift, at the middle of each one-half
(1/2) shift whenever feasible. Emergency situations are defined as situations
where Injury to persons, loss of life, and/or serious public or private property
damage are possible. It is management's responsibility to afford the employee the
aforementioned breaks and it is the employee's responsibility to take those breaks.
Employees whose work requires personal cleanup prior to leaving the Employer's
premises or job site shall be allowed necessary time for doing so prior to lunch and
the end of the shift.
ARTICLE 5 — OVERTIME, COMPENSATORY TIME AND CALL BACK
Section 5.1 — Overtime
The City reserves the right to determine whether overtime is necessary or should
be worked.
A. All regular full-time employees shall be paid at the rate of time and one-half
their rate of pay for all time compensated in excess of their normal forty (40)
hour work week. In computing overtime, rounding up to the nearest one-
quarter (1/4) hour shall be used. In addition, all regular full-time employees
who work in excess of their regular shift in any one (1) day exclusive of the
lunch period shall be paid at a rate of time and one-half.
B. Any regular part-time or job share employee who works in excess of forty
(40) hours in a work week, or eight (8) hours in a work day shall be paid at
time and one-half.
C. Mutually agreed alternative work schedules beyond eight (8) hour days shall
be paid at time and one half for all hours in excess of their regular shift.
D. Employees required to work on a sixth (61n) or seventh (7th) consecutive day
within the same work week shall be paid at the rate of time and one-half
However, if the work on the 6tr or 7tn consecutive day is as a result of the
employee's alternative work schedule or is at the employee's voluntary
request, and such request is approved by the City, the City shall not be
obligated to pay overtime unless the employee has met the provisions in
paragraphs A, B, or C above.
E. Additional hours shall be offered evenly to those employees who normally
perform the work within the same work unit.
Section 5.2 — Call Back
A. Call back shall be defined as all time worked, whether scheduled or
unscheduled (to include voluntary overtime) in excess of a regular shift,
P\LCC(Labor,Class&Comp)\Labor\UNION\AFSCME\Contracts\2012-2013\Final AF 2012-2013 Contract doc Page 14
which is not annexed to either the beginning or end of the shift. Employees
called back to work shall be paid a minimum of three (3) hours at the
overtime rate.
B. Regular part-time employees shall not be considered in call back status if the
work is voluntary and pre-scheduled.
C. This section may not apply to certain circumstances where an employee has
a flex schedule as Identified in Section 4.2 Alternative Work Schedules.
D. Regular, full-time employees shall not be considered in call back status if the '
additional work to be performed is scheduled to be annexed to the
employee's regular work shift. However, if the employee requests to work
such additional hours not annexed to his or her work shift, and such request
is approved by the City, the full-time employee shall only be paid for the
actual overtime hours worked.
Section 5.3 — Compensatory Time
Employees shall have the right to receive compensatory time at the same ratio as
the overtime rate in lieu of cash payment for overtime. Overtime worked which is to
be paid in whole or in part by grants, project funds, or reimbursements shall be
paid as overtime and shall not be eligible for compensatory time accrual when such
funding or reimbursement cannot be achieved if compensatory time is granted in
lieu of overtime pay.
Compensatory time shall not, at any given time, exceed one hundred (100) hours.
All hours accrued above one hundred (100) shall be paid. If an employee is unable
to use accrued compensatory time, they shall be granted the option to cash out
their accrual upon request. The cash out will be included in the next regularly
scheduled paycheck.
Employees who wish to take compensatory time off must receive pre-approval for '
such leave use from management. The City will make reasonable efforts to
accommodate such compensatory leave requests unless it is determined that the
operational effectiveness of the City would be impaired by such action in
accordance with the Fair Labor Standards Act (F.L.S.A.). It is understood that
"reasonable efforts" shall not include canceling another employee's approved
vacation leave in order to accommodate the employee's compensatory leave
request.
Section 5.4 — Mandatory Standby
The City reserves the right to establish a mandatory standby program within
defined work units. Standby periods shall be determined by the City. Volunteers
shall be sought before mandatory assignments are made.
i
P\LCC(Labor, Class&Comp)1Labor\UNION\AFSCME\Contracts\2 01 2-2 01 31Final AF 2012-2013 Contract doc Page 15
Employees placed on mandatory standby by the department director, or designee,
shall be required to carry a communication device (such as a phone or pager)
provided by the City and be able to respond to call back situations immediately
without restrictions or impairments.
Employees assigned to mandatory standby by the department director, or designee,
shall be compensated at $2.60 per hour. Standby pay shall commence upon the
employee's departure from work. Standby pay shall cease upon the employee's
return to work for his or her assigned shift.
Section 5.5 - Emergency Response
A. Employees occupying emergency designated "essential positions" per City
Policy shall not be considered to be on call for that purpose.
B. Police Department personnel who are assigned pagers or cell phones shall
carry them at all times while on-duty and off-duty to provide a means for the
department to contact them in cases of emergency. Employees are not
required to carry their cell phones/pagers while on approved leave.
Employees who choose to carry their personal cell phones in lieu of pagers
shall maintain text messaging capability on their cell phones and keep the
department informed of their cell phone information. While off-duty, unless
placed on standby, employees will not be compensated for carrying their
pagers/cell phones. Employees are only required to respond to call backs in
cases of emergency unless extenuating circumstances prevent the response.
Examples of emergency situations include, but are not limited to, natural
disasters, riots, demonstrations, and events which cannot be handled by call
up of the next shift.
ARTICLE 6 — UNION ACTIVITIES
Section 6.1 — Attendance at Meetings
With prior notice the City will rant employees who are designated Union
P � Y 99
representatives reasonable time off, with pay, for meetings with City officials,
investigating grievances, grievance meetings, P.E.R.C. or arbitration hearings,
labor/management meetings, and contract negotiations. Meetings between the
Local Union representatives and management will be held during regular working
hours, if possible.
The Union representative shall be allowed access at reasonable times to facilities of
the City wherein the employees covered under this Agreement may be working.
Access shall be granted for the purpose of conducting necessary Union business and
investigating grievances. The representative shall normally notify, except where
exempted in writing by the Employee Services Director, the appropriate City official
(Department Director and/or Employee Services Director) prior to arriving on City
premises for Union business. In the event such prior notification cannot be given,
P\LCC(Labor,Class&Comp)\Labor\UNION\AFSCME\CoMracts\2012-2013\Final AF 2012-2013 Contract doc Page 16
and a written exemption has not been provided as stated above, the Union
representative will give such notice to the Employee Services Director or
appropriate Department or Division Director within ten (10) minutes after his/her
arrival at City facilities. Employees whose regular work schedule is a swing shift or
a night shift, may be allowed to adjust their work schedule with prior supervisory i
approval for the purpose of attending Union meetings (limited to 12 meetings per
year). However, employees may elect to use either annual leave or compensatory
time, if available, for time spent attending Union meetings.
The Shop Steward or a Union Officer shall be allowed fifteen (15) minutes during a
new employee's orientation to meet with the employee to discuss the Collective
Bargaining Agreement, the Union, and any other related concerns that the new
employee may have.
Section 6.2 — Bulletin Boards
The City shall permit the reasonable use of bulletin boards and e-mail by the Union
for the posting of notices relating to Union business. Bulletin boards will be located
in each represented work area. Material posted thereon shall be the responsibility
of the Union. Shift personnel may receive Union notices in their City mailboxes.
Section 6.3 — Employee Upholding_Union Principles/Performing Duties
The City agrees that the employees covered by this Agreement shall not be
discharged or discriminated against for upholding Union principles or for performing
duties authorized by the Union, as long as their activities do not interfere with
normal work processes of the City. The City agrees to meet with the Union to seek
mutual resolution to concerns so that employees shall not be required to cross the
picket line of a strike sanctioned by the King County Labor Council.
Section 6.4 — Union Convention and Conference Leave Bank
The City will allow the donation of annual leave to a Union Convention and
Conference Leave Bank for use by members who have been duly elected to attend
official union conventions and conferences. Donations shall be accepted in whole
hour increments. The Union may solicit donations at any time, but the deadline for
submission to the City shall be September 30th of each year. Any donations made
on or before September 301h will be available for use on October 5t or earlier.
Once the donation is made, it will be converted at the donor's rate of pay at the
time of donation and maintained on a dollar basis. The cap of this leave bank shall
be equivalent of sixty-four (64) hours times the top Senior Financial Analyst base
hourly pay as of January Vt of each year. Any unused balance in the Union
Convention and Conference Leave Bank shall be carried over from year to year and
will not be subject to any wage increases. If more donations are made than would
be necessary to reach the maximum, the donations shall be accepted on a first
donated first accepted basis.
P 1LCC(Labor,Class&Comp)1LaborIUNIONIAFSCME1Contracts12012-20131Final AF 2012-2013 Contract doe Page 17
The Union President, or designee, shall have the sole authority to approve use of
the Union Convention and Conference Leave Bank. Requests for time off under this
section shall be treated as annual leave and governed by Section 18.3-Scheduling
Annual Leave.
ARTICLE 7 — GRIEVANCE PROCEDURE
Section 7.1 — Grievance or Dispute over Provisions of Agreement
A procedure is hereby established as a means to resolve grievances. Grievance
shall be defined as a claim or dispute by an employee or group of employees with
respect to a violation of the express provisions of this Agreement. Both parties
agree to make every effort to promptly address issues which may give rise to
grievances at the lowest level possible.
Grievances processed through the grievance procedure shall be heard during
normal working hours, Monday through Friday, 8:00 a.m. to 5:00 p.m., unless
stipulated otherwise by the parties. Grievants and employee representatives
involved in such grievance meetings during their scheduled working hours shall be
allowed to do so without suffering a loss in pay.
If a grievance is not presented by the employee or the Union within the time limits
set forth below, it shall be considered "waived" and may not be further pursued by
the employee or the Union. If a grievance Is not appealed to the next step within
the specified time limit or any agreed extension thereof, it shall be considered
settled on the basis of the City's last answer. If the City does not answer a
grievance or an appeal thereof within the specified time limits, the aggrieved
employee and/or the Union may elect to treat the grievance as denied at that step
and immediately appeal the grievance to the next step.
If the parties mutually agree, the timelines set forth in this section for processing of
grievances will be put on hold for a mutually agreed upon period of time to allow
the parties to address the grievance in Labor/Management. If a resolution is not
agreed to, the grievance process shall continue. Grievances shall be resolved in the
following manner.
Section 7.2 — Civil Service Appeal
Actions subject to appeal through either this contract grievance procedure or
pertinent Civil Service appeal procedures must follow either the grievance
procedure contained herein or pertinent procedures regarding such appeals to the
Civil Service Commission, including applicable deadlines. Under no circumstances
may an employee use both the contract grievance procedure and Civil Service
Commission procedures relative to the same action. The Employer shall endeavor
to accommodate the work schedule of employees who are the subject of a Civil
Service hearing or grievance arbitration, provided that the Employer is not required
to alter the schedule of any employee to make this accommodation.
P 1LCC(Labor,Class&Comp)1LaborIUNIONWFSCME1Contracts\2 0 1 2-2 01 31Final AF 2012-2013 Contract doc Page 18
Section 7.3 — Grievance Steps
Step 1
A grievance shall be reduced to writing and presented by the aggrieved employee
and/or his/her Union Representative within fifteen (15) working days of the alleged
contract violation to the employee's immediate supervisor. Except that when the
employee's immediate supervisor is recognized under this collective bargaining
Agreement, the Step 1 grievance will be presented to the first supervisor in the
employee's chain of command who is not represented under this collective
bargaining Agreement.
The immediate supervisor should consult and/or arrange a meeting with the
employee and/or Union Representative as necessary to resolve the grievance. The
parties agree to make every effort to settle the grievance at this stage promptly.
The immediate supervisor(s) shall answer the grievance within ten (10) working
days after receipt of the grievance.
Grievances regarding suspensions, demotions, or terminations may be presented at
Step 2.
Step 1B (If Applicable)
For Civil Service employees, if the grievance is not resolved as provided above, it
shall be forwarded to the appropriate Division Commander by the aggrieved
employee or Union representative within ten (10) working days of receipt of the
immediate supervisor's answer to the grievance. The Division Commander shall
answer the grievance within ten (10) working days after receipt of the grievance.
a
Step 2
If not resolved above, the grievance shall be reduced to writing and submitted to
the Department Director by the aggrieved employee and/or the Union within ten
(10) working days following the completion of Step 1. The written grievance shall
include a statement of the issue, the section(s) of the Agreement allegedly violated,
facts of the case, and remedy sought. A meeting shall be arranged within ten (10)
working days with the City and representatives of the Union. Following that
meeting the party responding to the grievance shall give its written response within
ten (10) working days of the completion of the meeting.
Step 3
Grievances not settled to the satisfaction of the Union shall then be presented by
the Union directly to the Mayor or his/her designee within ten (10) working days of
the Step 2 response. A meeting shall be arranged within ten (10) working days
between the City, the grievant and the Union. The Mayor or his/her designee shall
then submit a decision, in writing, on the grievance within ten (10) working days i
P 1LCC(Labor, Class&Comp)1LaborIUNIONIAFSCME%ContractsQO12-20131Final AF 2012-2013 Contract doc Page 19
from the completion of the Step 3 meeting. Copies of the decision shall be
provided to the grievant and the Union.
Step 4
In the event the decision reached by the Mayor or his/her designee is unsatisfactory
to the Union, the grievance may, within twenty (20) working days, be submitted to
arbitration. If the parties fail to mutually agree upon an arbitrator, a list of seven
(7) names shall be requested from the Public Employment Relations Commission.
The parties shall alternately strike names, beginning with the respondent, until one
(1) name remains, that person shall serve as the arbitrator. If referred to
arbitration:
(1) the arbitrator's decision shall be final and binding;
(2) the arbitrator shall be empowered to render a decision based on
interpretation of the contract only and shall not add or delete from the
provisions of this Agreement; and
(3) the arbitrator shall render a decision within thirty (30) days after the
hearing has been concluded.
It is agreed that the expenses and fees of the Arbitrator shall be borne equally by
the City and the Union and each party shall bear the cost of presenting its own
case.
Section 7.4 - Grievance Against Union
The following procedure shall be observed if the City files a grievance against the
Union for an alleged violation of the contract.
Step 1
The Mayor or his/her designated representative shall present the grievance to the
Union Staff Representative within ten (10) working days of occurrence. The Union
shall attempt to resolve the matter within twenty (20) working days of receipt.
Step 2
If the matter is not satisfactorily resolved at Step 1, the City may within twenty
(20) working days refer the matter to arbitration using the procedure outlined in
Section 7.3 - Step 4.
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ARTICLE 8 — DISCIPLINARY ACTION BY THE EMPLOYER
Section 8.1 — Disciplinary Action
The City shall not discipline or discharge an employee without just cause.
Employees shall be given the opportunity to have a Union Representative present at
meetings where disciplinary proceedings will take place.
The City agrees with the principles of progressive discipline. Disciplinary action
generally includes the following progressive steps:
1. Oral reprimand, which shall be reduced to writing although not placed
in the employee's personnel record;
2. Written reprimand;
3. Suspension or demotion; and
4. Discharge.
Disciplinary action will be tailored to the nature and severity of the offense.
Management maintains the right to take disciplinary action as they deem
appropriate.
Section 8.2 — Disciplinary/Personnel Records
Employee Personnel files are the responsibility of the Employee Services
Department. Except to the extent that disclosure is required by law and/or court
order, employee personnel files are confidential and shall be accessed only by the
following individuals:
a) Employee;
b) Employee's supervisor/department director;
c) Employee Services Director or designee;
d) An attorney representing the City of Kent in legal matters as approved
by the Employee Services Director; and
e) Employee's Union Representative upon written authorization from the
Employee. However, the employee's written authorization is not
required for the employee's Union Staff Representative to have access
to the employee's personnel records if such records are relevant to a
pending grievance or legal action between the City and the employee's
union.
The Employee Services Director is designated guardian of the City's Personnel
records and bears the responsibility for lost files. Therefore, no Personnel file will
be allowed to leave the immediate area of the Employee Services Department
without authorization of the Employee Services Director. All files will be allowed
examination by an authorized individual while in the presence of authorized
Employee Services staff.
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No materials shall be Included in an Employee Personnel file without the knowledge
of the employee and the consent of the Employee Services Director, or designee.
Employees may submit letters or documents related to their employment to the
Employee Services Director, or designee, to be Included in their personnel file.
Rebuttals to performance evaluations and disciplinary actions shall be attached and
maintained in accordance with the retention schedule for the document related to
the specific employment action.
Documentation of disciplinary action shall be maintained in the employee's
personnel file in accordance with the following schedule, provided that exceptions to
this schedule, for earlier removal of documentation, may be approved by the
Employee Services Director, or designee.
Written Reprimands: Upon written request of the employee, written
reprimands shall be purged from the employee's
personnel file after five (5) years from the date of
the reprimand, provided no other discipline has
subsequently occurred. Purged written reprimands
will be kept in an archived file to be maintained as
required by the State Archives and Records
Management Division.
Suspensions: Permanent record of the employee's personnel file.
Demotions: Permanent record of the employee's personnel file.
ARTICLE 9 — WORK STOPPAGES AND EMPLOYER PROTECTION
Section 9.1 — Work Stoppage Defined
The City and the Union agree that the public Interest requires efficient and
uninterrupted performance of all City services and to this end pledge their best
efforts to avoid or eliminate any conduct contrary to this objective. Specifically, the
Union shall not cause or condone any work stoppage, including any strike,
slowdown, refusal to perform any customarily assigned duties, sick leave absence
which is not bona fide or other interference with City functions by employees under
this Agreement and should same occur, the Union agrees to take appropriate steps
to end such interference. Any concerted action by any employee in any bargaining
unit shall be deemed a work stoppage if any of the above activities have occurred.
It is agreed that all members of the bargaining unit shall perform all functions and
duties required by laws of the State of Washington and ordinances of the City of
Kent.
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Section 9.2 — Back to Work Order
Upon notification in writing by the City to the Union that any of its members are
engaged in a work stoppage, the Union shall immediately in writing, order such
members to immediately cease engaging in such work stoppage and provide the
City with a copy of such order.
The City agrees that it shall not initiate a lockout of bargaining unit employees.
Section 9.3 — Disciplinary Measures by Employer
Any employee who commits any act prohibited in this Article may be subject to the
following penalties:
a) Oral reprimand;
b) Written reprimand;
c) Suspension (notice to be given in writing); and/or
d) Discharge.
It is understood that these penalties are not necessarily sequential. Disciplinary
action resulting from violation of this Article will be tailored to the nature and
severity of the offense.
ARTICLE 10 — DEPARTMENT WORK RULES
The City agrees to notify the affected employees in advance of changes in written
departmental operating procedures which would affect employees in the bargaining
unit. Conferences to discuss such changes may be arranged prior to the time such
changes would become effective. However, nothing in this section shall be
construed to limit the City from exercising its management responsibilities,
provided, however, that when changes in procedure or department operations
would cause a reduction in force or layoff of any employee, such proposed change,
including the effective date shall be provided in writing to the Union in advance of
making the proposed change. Nothing in this section shall be construed to waive
the Union's right to bargain any mandatory subject of negotiations.
Internal investigations of Civil Service employees in the Police Department will be
conducted in accordance with the Police Department Internal Investigative
Standards outlined in Appendix B.
ARTICLE 11 — MANAGEMENT RIGHTS
The Union recognizes that an area of responsibility must be reserved to
management if it is to function effectively. Unless specifically modified by sections
of this Agreement, management retains the exclusive right to:
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A. Plan, direct, control and determine all the operations and services of the City.
B. Establish the qualifications for employment and to employ employees.
C. Direct employees of the City in the performance of their official duties.
D. Evaluate, promote, transfer, assign, and retain employees in positions in the
City.
E. Suspend, demote, discharge, or take other disciplinary action against such
employees for just cause.
F. Determine the management organization, the selection, retention, and
promotion for occupations not within the scope of this Agreement.
G. Schedule and assign work.
H. Establish work and productivity standards and, from time-to-time, to change
those standards.
I. Make, alter and enforce reasonable rules, regulations, orders and policies.
I Determine the necessity and amount of overtime and assign such overtime.
K. Determine the use of technology, equipment, methods, means, facilities,
organization, and number of personnel by which departmental operations are
to be conducted.
L. Determine whether goods or services are made or purchased.
M. Take whatever actions may be necessary to carry out public safety and
essential city functions in emergency situations.
N. Maintain efficiency of government operations entrusted to management.
The above listing of specific management rights is not intended nor shall be
considered restrictive of, or as a waiver of any rights of the City not listed herein.
Such inherent management responsibilities shall remain exclusively with the City
except as they may be shared with the Union by specific provisions of this
Agreement.
ARTICLE 12 — CONTRACTING WORK
The employer agrees not to contract-out bargaining unit work except under the
following conditions:
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A. The employer will notify the Union at least forty-five (45) calendar days,
except in cases of emergency, prior to contracting out bargaining unit work
in order to determine if that work might be more efficiently done in-house.
Upon request, the employer agrees to meet with the Union.
B. Temporary agency employees, i.e. Kelly Services, may be utilized in
accordance with the provisions of Section 1.3 - Temporary Employees
(criteria, timeframes). The City shall notify the Local Union President of all
temporary agency employees performing bargaining unit work. This
notification will be quarterly to include name, department, date of hire,
temporary classification (5 months or 520 hours), and hours worked.
ARTICLE 13 -CIVIL SERVICE AGENDAS/MINUTES
The City will send copies, via e-mail, of Civil Service agenda and minutes to the
Union until such time as the information contained therein is made available
electronically and through the City's intranet.
ARTICLE 14 - PAY PERIODS
The Employer shall pay all employees twice each month. The City shall pay all
regular employees on the fifth (5th) and twentieth (20th) of each month. In the
event the fifth (5th) or twentieth (20") falls on Saturday, Sunday or holiday, the pay
date shall be the preceding non-holiday, business day. Any employee who is laid
off or terminated shall receive all monies due him/her on the next scheduled
payday (if possible) or the subsequent payday if not sufficient time to process.
The City will make every effort to ensure that employees receive their payroll
checks by 12:00 noon on the designated payday.
Concerning employees who wish to participate in the direct deposit option offered
by the City for automatic deposit of paychecks to the banking institution of the
employee's choice, it is agreed that the timeliness of having funds available by
12.00 (noon) of any given payday can no longer be guaranteed by the City due to
the possibility of unforeseen banking computer system problems that may arise
from time to time. Employees who opt to participate in this program do not have a
12:00 (noon) guarantee insofar as the banking transfer network system is
concerned It is mutually understood that the City has no control of the timeliness
of funds being available once transmitted electronically. However, it is also
understood that normal paydays do occur on the 5th and the 201h of each month and
that the City makes every effort to initiate the electronic transfer of employee pay
one (1) business day prior to each payday to employee accounts.
The effective date for all step increases shall be as follows:
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For employees hired on the first (Is) of the month through and including the
fifteenth (15th) of the month, the Increase shall occur on the first day of the month
of the employee's hire date which becomes the employee's anniversary date for
purposes of step Increases.
For employees hired on the sixteenth (16th) through and Including the last day of
the month, the Increase shall occur on the first day of the month that follows the
month of the employee's hire date which becomes the employee's anniversary date
for the purposes of step Increases.
ARTICLE 15 — WAGES, COMPENSATION AND LONGEVITY
Section 15.1 — Wages
Due to current economic conditions there shall be no cost of living adjustment
(COLA) during the term of this contract. If for any reason, Non-Represented or
Teamster employees receive a cost of living Increase during the term of this
contract, all members of this bargaining unit shall be eligible to receive the
equivalent cost of living Increase.
Section 15.2 — Salary Structure
A. The salary range for employees in Appendix A of this agreement shall consist
of five steps, A through E, with approximately five percent (5%) between
each step.
B. New Hires. New employees hired Into steps A through D will be eligible for a
step increase after successfully passing their twelve (12) month probationary
period. After the first step increase as stated above, the employee shall be
eligible for step increases after every twelve (12) months of service (less any
authorized unpaid leaves of absence), until the maximum step in the range is
reached.
C. Transfers. For the purposes of this section, a transfer shall be considered as
any movement of an existing employee from one classification to an equally
or lower compensated classification. When employees are transferred, they
shall be placed in the salary step within the new salary range which is closest
but not less than their previous compensation nor greater than the top step
of the new salary range. If the top step of the new salary range is less than
the employee's present compensation level, the employee shall be placed at
the top step of that new range. Their increment date shall not be changed.
D. Promotions. For the purposes of this section, a promotion shall be
considered any movement from one classification to a higher compensated
classification. When employees are promoted, they shall be placed in the
salary step within the new salary range which represents a minimum of five
percent (5%) increase not to exceed the maximum of the new pay range. If
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the top step of the new salary range is less than five percent (5%) increase
over the employee's current compensation level, the employee shall be
placed at the top step of that new range. Their Increment date shall be
adjusted accordingly to reflect the promotion.
E. Reclassifications. Employees reclassified to a higher salary range shall be
placed in the salary step within the new salary range which represents a
minimum of two and one-half percent (2 1/2%) annualized Increase, however,
at no time will the employee be paid above the maximum of the new pay
range. If at any time, the top step of the new salary range is less than two
and one-half percent (21/2%) Increase over the employee's current
compensation level, the employee shall be placed at the top step of the new
range. Their increment date shall be adjusted accordingly to reflect the
reclassification.
Section 15.3 — Job Descriptions and Reclassification Requests
Job descriptions for all represented employees shall be maintained by the Employee
Services Department. All substantive, defined as all non-housekeeping, changes to
Job descriptions shall be presented to the Union prior to any formal acceptance of
the changes. This does not confer upon the Union approval rights.
Employees may apply for reclassification if they can demonstrate that there have
been significant changes in their Job, typically this means that the employee has
added higher level or new duties that accounts for fifty percent (50%) or more of
the employee's regular duties. Employees will be required to complete a position
questionnaire. The employee's supervisor and department director will also be
required to complete a section of the questionnaire. The questionnaire will then be
forwarded to Employee Services for an evaluation. The union will be copied on
Employee Services' conclusion. If a wage increase is warranted as a result of the
reclassification process, such increase shall be retroactive to the first day of the
month following receipt of the completed and signed questionnaire by Employee
Services.
An employee, or supervisor, may appeal the findings of the Employee Services
Department by submitting a written appeal to the Chief Administrative Officer
within ten (10) working days of Employee Services written recommendations. The
Chief Administrative Officer will schedule an appeal meeting with the employee.
The Chief Administrative Officer will provide a written response to the employee
within fifteen (15) working days from the date of the appeal meeting.
Section 15.4 — Longevity
The following longevity pay shall apply:
After 5 consecutive years of service: 1% of base pay
After 10 consecutive years of service: 2% of base pay
After 15 consecutive years of service: 3% of base pay
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After 20 consecutive years of service: 4% of base pay
Section 15.5 — Educational Incentive Plan
For employees In the Corrections Officer and Corrections Sergeant classifications,
an Education Incentive Program shall be provided for qualified employees.
Qualified employees are those who have attained the education levels defined
below. For employees who qualify, educational levels will be compensated at the
following rates:
Associate Bachelors Masters
A. $40 per month $80 per month $120 per month
B. Those employees who have attained a "Junior" status at an accredited
university or college will receive the same compensation as an employee with
an AA degree. In order to qualify for the compensation all of the credits
earned must be consolidated with one accredited university or college. It is
the employee's responsibility to provide proof of qualification.
C. Compensation will be provided based upon the highest educational level
attained and there shall be no pyramiding of educational degrees.
Section 15.6 — Shift Differential Pay (Police Support)
A. Employees who are assigned to a regular workweek of five (5) consecutive
days on and two (2) consecutive days off or four (4) consecutive days on and
three (3) consecutive days off will receive shift differential pay as follows:
1. Employees who work shifts which normally commence after the hours
of 11:00 a.m. or before 5.00 p.m. shall be considered swing shift
personnel and shall receive a differential pay of twenty cents ($.20)
per hour above the regular pay rate in effect for their respective job
classifications.
2. Employees who work shifts which normally commence after the hour
of 5:00 p.m. or before 6:00 a.m. shall be considered to be grave shift
employees and shall receive a differential pay of thirty cents ($.30) per
hour above the regular pay rate In effect for their respective job
classifications.
3. Agreement between the City and Union is predicated on the current
shift structure In effect at the signing date of this contract. Should the
function of the section of the Kent Police Department covered by this
agreement change substantially due to changes in equipment
available, scheduling requirements, etc., It Is understood that
differential pay rates will be re-examined In light of such changes.
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B. In cases where the employee is permanently assigned to swing or grave
shift, leave benefits will be paid at the differential rates. If an employee is
only temporarily assigned to a swing or grave shift, they will be compensated
at the differential rate for only the hours worked.
Section 15.7 — Out of Class Pav
A. Any non-Civil Service employee who is temporarily assigned by their division
manager to perform substantially all of the duties of a higher paying AFSCME
job classification during a time period consisting of seven (7) consecutive
days (inclusive of work and non-work days) shall be eligible to receive acting
pay.
The employee assigned to work in an AFSCME position of a higher
classification shall be placed at the step that represents a minimum of ten
percent (10%) increase, not to exceed the maximum of the range. Payment
of acting pay shall be based on either an hourly rate or monthly rate based
upon the following criteria:
1. At the hourly equivalent (based on calculation used for overtime:
monthly salary/173.33) of the higher classification if assignment is for
a period of time less than one (1) month; or
2. At the monthly equivalent of the higher classification if the assignment
is for a period of time greater than or equal to one month.
B. Any bargaining unit employee who is temporarily assigned by their division
manager to perform at least fifty percent (50%) of a higher non-represented
position's duties, for a time period consisting of seven (7) consecutive days
(inclusive of work and non-work days) shall be eligible to receive acting pay.
The following is provided as a general guideline for acting pay compensation.
The decision for specific placement of compensation will be at the discretion
of the Department Director, with approval of the Employee Services Director
or Chief Administrative Officer. At no time will acting pay exceed the top
step of the salary range for the position being filled.
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1. One Month or Less: For acting pay assignments of one month or less,
compensation may be based on a ten percent (10%) base pay
increase above the employee's current salary level for the position
being temporarily filled.
2. Longer than One Month: For acting pay assignments of more than one
month to a maximum of one year (one year maximum can be
extended upon mutual agreement), compensation may be placed
between A and E salary level for the position being temporarily filled
with a minimum of ten percent (10%) increase above the employee's
base position salary.
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When an employee is assigned a Department Director's position
duties, acting pay may be placed within the higher salary range with a
minimum of ten percent (10%) Increase above the employee's base
position salary. The Chief Administrative Officer or his/her designee
must approve all Department Director acting assignments and
compensation.
3. During an acting assignment, Management Benefit and Longevity Pay
shall not be included or changed from that of the employee's base
position. The employee's salary review dates will also be maintained
in accordance with the employee's base position.
4. Upon return of the incumbent to his/her base position, the temporary
acting pay will be discontinued immediately.
5. Employees are not obligated to accept acting assignments into a non-
AFSCME position.
C. Corrections - The City agrees to compensate employees assigned by
competent authority to positions of higher authority and responsibility.
Assignment shall be limited to the positions of Corrections Sergeant and
Corrections Lieutenant. Assignment to Corrections Lieutenant shall be in
accordance with Section 15.6(B). Employees must be assigned to Acting
Corrections Sergeant for a minimum of two (2) hours before additional
compensation will be paid. During shift overlap periods, Acting Corrections
Sergeant will be appointed only if neither shift has a Corrections Sergeant on
duty, and then only one Acting Sergeant will be appointed. In order to
qualify to act as a Corrections Sergeant, an officer must meet the minimum
qualifications of the Corrections Sergeant (24/12 months of service).
D. Police Support - The City agrees to compensate members of the bargaining
unit assigned by competent authority to positions of higher authority and
responsibility. For purposes of this Subsection, assignment shall be limited:
• in the Records Unit, to the classifications of Records Supervisor and
Records Specialist;
• in the Kent Corrections Facility, to the Administrative Assistant 1; and
in the Police administration, to the classification of Administrative
Assistant 1.
Whenever an employee is assigned to a higher classification as described
above, the employee will be compensated at the rate of the higher
classification for all hours worked out of classification. Police administration,
or their designee, must make formal temporary assignments to the position
of higher classification before provisions of this section apply: naming
person placed in the temporary classification and the length of time the
employee will be in the temporary assignment.
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Appointments to the position of Records Supervisor will be made whenever
the regular supervisor is absent provided:
1. There are two or more employees working;
2. There would normally be a supervisor working the affected shift; and
3. The Support Services Manager or another member of the police
administration does not assume the responsibilities of the supervisor.
E. Longevity pay shall not be Included or changed from that of the employee's
base salary. Acting pay shall be Included in overtime calculations.
F. Acting pay assignments shall be communicated by the Department Director
or Division Manager to the affected employee.
Section 15.8 — Corrections Premium Pay/Assignment
Premium pay of five percent (5%) above base wage shall be granted to employees
while they are actively functioning as Field Training Officers in the Corrections
Division of the Police Department.
Section 15.9 — Corrections Accreditation Pav
The salary levels provided in Appendix A for Corrections Officers and Corrections
Sergeants shall be increased by one percent (111%) in recognition of the Kent
Correctional Facility's WASPC accreditation, and shall remain in effect while the
Facility retains its WASPC accreditation status.
Section 15.10 — Custodian Specialty Pay
The custodian assigned to the Senior Center who opts to participate in the oversight
of the work time credit inmates program will be paid a specialty pay of $0.50 per
hour for the oversight of work time credit inmates. Participation in the program is
voluntary on the part of Custodial staff. The decision to opt in or out of this
program must be made at the time of rotation to the Senior Center Facility. This
specialty pay will only be paid while there is no Custodial Supervisor or Lead
available on the same shift.
It is further understood that should custodial staff opt out of providing oversight to
work time credit inmates, that non-represented Senior Center staff may provide
such oversight and direction as needed.
Section 15.11 — Commute Trip Reduction (CTR)
The City shall provide a Commute Trip Reduction Program (CTR) for the employees
in the bargaining unit. The CTR program may include alternate work schedules, on-
site carpool and/or vanpool parking spaces, and secure bicycle parking.
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The City shall no longer provide Flex pass/Orca cards through the King County
Metro program effective June 30, 2012.
ARTICLE 16 — EMERGENCY CONDITIONS
In the event of a natural disaster, threat/act of terrorism, declared emergency or
inclement weather resulting in emergency conditions, the following provision shall
apply:
Employees who are unable to travel safely to work or who request to leave before
the end of their shift and such request is approved by their supervisor/manager,
shall be required to use annual leave, compensatory time, or leave without pay to
cover all hours away from work.
ARTICLE 17 — HOLIDAYS
Section 17.1 — Holidays Observed
A. The following holidays shall be paid holidays for all employees covered by
this Agreement.
New Year's Day 1st Day of January
Martin Luther King's Birthday 3rd Monday of January
President's Day 3rd Monday of February
Memorial Day Last Monday in May
Independence Day 4th Day of July
Labor Day 1st Monday in September
Veteran's Day 11th Day of November
Thanksgiving Day 4th Thursday of November
Day After Thanksgiving Day after Thanksgiving
Christmas Day 25th Day of December
Two (2) Personal Holidays Scheduled with Management Approval
Other holidays as proclaimed by the Mayor and/or City Council
B. Holidays Observed
Shift Personnel: For the purpose of this article, shift personnel shall be
defined as those who are required to work rotating shifts in 24-hour
operations and those whose regular work shifts include weekends. For these
shift personnel, holidays shall be observed on the actual holidays. However,
Memorial Day shall be observed on the last Monday in May as outlined above.
Non-Shift Personnel: For all non-shift personnel, except as provided in
Section 17.2.D.5, holidays shall be observed on the days outlined above.
However, for dates when the above holidays fall on Saturday, the preceding
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Friday will be observed. When a holiday falls on Sunday, the following
Monday will be observed.
C. The City will provide two (2) additional personal holidays in 2012 and two (2)
additional personal holidays in 2013, not to exceed 4 personal holidays in
any year. The additional personal holidays are being provided to recognize
there will be no COLA's in 2012 and 2013 The personal holidays should be
scheduled so as to minimize overtime Impacts. The two (2) additional
holidays shall follow the same rules as the standard personal holidays and
will have no cash value and may not be carried over from year to year.
Section 17.2 — Holiday Leave Bank
The following provisions of the holiday leave bank shall be applicable to all
employees of the bargaining unit.
A. Eligibilitv
1. To be eligible for holiday leave pay, an employee must be fully paid on
the City's payroll the work day preceding and the work day following an
observed holiday as specified in Section 17.1. An employee on leave
without pay for any portion of the scheduled work day preceding or
following the holiday is not eligible for holiday pay.
2. New Hires: Employees working less than a full calendar year will receive
such holiday hours in a proportion equal to the number of holidays
occurring during the calendar year while the employee is working for the
City on a regular basis. The personal holiday(s) will only be awarded to
new hires, who have completed four (4) continuous months of service.
3. Termination: Employees terminating during the year will be paid eight
(8) hours for each holiday occurring up to the date of termination
(including their personal holidays, if eligible), minus all holiday hours
already withdrawn from the bank that year. Deductions, if any, will be
made from the employee's final paycheck.
B. Accruals
1. Regular Full Time employees of the bargaining unit shall be entitled to 96
hours of holiday pay during each year. The 96 hours shall be placed in a
holiday bank for each employee on January 15t of each year.
2. Regular Part-time employees of the bargaining unit shall accrue holiday
hours based on their actual hours compensated and shall participate in
the holiday bank identified above on a prorated basis. Initial bank hours
shall be established based on budgeted hours and shall be adjusted to
reflect compensated hours on the following month.
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3. In the rare case that New Year's Day occurs on a Saturday, the
employee's leave bank will no longer be ad3usted. The employee will
instead observe New Year's Day on the following Monday. The employee
shall still receive the normal ninety-six (96) hours (or prorated amount)
of leave placed in his or her holiday leave bank.
C. Holidays Not Worked
1. Employees who do not work on holidays as listed in Section 17.1 shall
withdraw either eight (8) hours or the equivalent of their normal work
shifts from their holiday banks to cover their holidays off. If the
employees have exhausted their holiday leave banks, they may draw from
their vacation or compensatory time banks to cover holiday time off.
2. However, if the holiday falls on a day the employee is regularly not
scheduled to work (normal day off), the employee will take the day off as
scheduled. The employee shall have full discretion as to whether to bank
the holiday hours for cash out or to reschedule the day off at another
time. With management approval, the employee may take the holiday off
the day before or the day after the holiday, or to take the holiday off at a
later date in the above withdrawal manner. The employee will submit a
leave request form when requesting to use a rescheduled holiday.
D. Holidays Worked
1. All employees who work, with management approval, on the holidays
listed in Section 17.1 shall be compensated at the rate of one and one-
half (1-1/2) times the regular base pay for all hours worked. However,
employees who work Thanksgiving or Christmas shall be compensated at
the rate of two (2) times the regular base pay for all hours worked. There
shall be no pyramiding of overtime.
2. Full shift: Employees who, with management approval, work their full
shift on one of the holidays listed in Section 17.1 shall be compensated at
the appropriate rate for all hours worked as specified above. They will not
draw from their holiday bank for the day worked.
All holiday hours not used will be banked for later use, with management
approval, or for cash out.
3. Partial shift: Employees who work, with management approval, part of
their shift on one of the holidays listed in Section 17.1 shall be
compensated at the appropriate rate for all hours worked as specified
above. They shall also draw from their holiday leave bank any hours
needed to make up the full shift. Hours not drawn to cover holiday time
off will be banked for later use, with management approval, or for cash
out.
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4. Police Corrections and Support Personnel: Shifts which are eligible for
holiday compensation for hours worked are only those shifts which begin
work within the twenty-four (24) hour period considered to be holidays in
Section 17.1. However, employees who work swing or grave shifts on
Christmas Eve shall also be compensated at the rate of time and one-half
(1-1/2). Additional time off at a later date shall not be provided to
employees who work Christmas Eve.
5. Police Support and Non-Shift Corrections Employees: Non-24-hour-shift
employees whose normal work schedule would ordinarily include Martin i
Luther King Day, President's Day and/or Veteran's Day shall be given the
option of working their regular shift on said Holiday(s). Employees who
elect to work the holiday must notify Police Administration in writing at
least fourteen (14) calendar days before the holiday of their intent to
work.
In addition, these employees may submit a written request at least
fourteen (14) calendar days in advance to work on New Year's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day
after Thanksgiving, or Christmas Day. Such request must be pre-
approved by management prior to the employee being able to work on
such holiday(s).
6. Police Support: Employees in classifications which require them to work
their scheduled shift on holidays shall have the option of submitting a
written request for the holiday(s) off with at least fourteen (14) calendar
days notice. Management shall have final authorization for the requested
day(s) off. All other provisions of the Holiday Leave Bank shall apply.
7. Corrections Officers: If the decision is made to go to minimum staffing on
a designated holiday, the least senior employee on the affected shift will
be required to take the holiday off if no other employee on that shift
volunteers.
E. Holiday Use Restrictions
1. It shall be understood between the parties that schedules shall not be
adjusted in order to avoid overtime compensation or to allow employees
to pool hours in their holiday bank.
2. It is also understood that holiday hours may only be withdrawn for
purposes of receiving compensation for holidays on which the employee
does not work, including time taken pursuant to Section 17.2(C).
3. Further, employees may not schedule holiday(s) off prior to having
earned the holiday(s) as defined in Section 17.2.A.1 - Eligibility. In
essence, although the holiday hours for the year are placed in the
employee's leave bank at the beginning of the year, employees may not
P\LCC(Labor,Class&Comp)\Labor\UNIONIAFSCME\Contracts\2012-2013\Final AF 2012-2013 Contract doc Page 35 I
y
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schedule to take a holiday day(s) off except to make up for a holiday
day(s) previously worked. Employees may, however, use supplemental
hours from a holiday not yet earned If it Is necessary in order for an
employee to have a full "day" off.
F. Cash Out
1. Holiday hours not used during the year will be bought back by the City at
the end of the year at the same time as the December 5" paycheck.
Employees must submit their written holiday leave cash out requests to
their department director no later than November 20th of each year. It Is
the employees' responsibility to ensure that they have adequate holiday
leave In their banks to cover the remaining holidays In the calendar year.
As of November 201h of each year, employees may reserve up to fifty (50)
holiday hours to cover the remaining holidays In the year, unless they
have existing pre-approval for using holiday hours already earned but not
used. All holiday hours above fifty (50) will be automatically cashed out
by the City in the December 5th paycheck, unless more is kept for pre-
approved use as described before.
2. All holiday hours not cashed out on the December 5`h paycheck or used by
December 31' will be carried over to the next year.
ARTICLE 18 — ANNUAL LEAVE
Section 18.1 — Annual Leave Accrual
Regular full time bargaining unit members shall receive annual leave benefits in
accordance with the following schedule:
ANNUAL MONTHLY
COMPLETION OF: VACATION HOURS VACATION HOURS
1 year 96 hours 8 hours
2-4 years 104 hours 8.67 hours
5 years 120 hours 10 hours
6-7 years 128 hours 10.67 hours
8-9 years 136 hours 11.33 hours
10 years 144 hours 12 hours
11-14 years 152 hours 12.67 hours
15-19 years 168 hours 14 hours
20-24 years 184 hours 15.33 hours
25+ years 192 hours 16 hours
Regular part-time bargaining unit members' annual leave accrual shall be pro-rated
based on the regular full time schedule in accordance with the percent of full time
compensated. At no time will such accrual exceed the full time rates above.
P\LCC(Labor, Class&Comp)\Labor\UNION\AFSCME\Contracts\2012-2013\Final AF 2012-2013 Contract doc Page 36
Section 18.2 — Maximum Leave Accrual
Employees can maintain 240 hours of annual leave. Employees may exceed the
240 hour threshold during a calendar year, but shall be at or below this limit as of
December 31 of each year. Compensatory and Holiday accumulation and use are
considered separate from annual leave accrual and use. The City will allow
scheduling of annual leave so as to maximize the opportunity for employees to
utilize annual leave so they may comply with the 240 hour accrual limit. Employees
may request a carryover of annual leave hours in excess of the 240 hours
maximum by submitting a written request to the Employee Services Director
stating the extenuating circumstances under which such request is made.
Carryover requests shall be reviewed and approved on a case-by-case basis.
Section 18.3 — Scheduling Annual Leave
Annual leave shall be granted to the employees at the time of the employees'
choosing provided the departmental work schedule would not be adversely affected.
1. Non-Civil Service
Annual leave schedule conflicts over three (3) months in advance shall be
governed by seniority. If the same conflict over the same leave time occurs
in a following year, the less senior employee shall receive the leave. A
conflict shall be defined as the same individuals requesting the same dates
(based on holidays or events) in two consecutive years. Annual leave
scheduling of less than three (3) months notice shall be on a first come
basis. 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 the day in which the
approving manager/designee receives the request.
B. Civil Service
If two or more employees request annual leave for the same dates, and it is
not feasible to allow those employees to take leave during the same period,
then preference shall be granted on the basis of seniority, provided the
employees submitted their requests between January 1 and January 31 of
the affected year. Requests submitted after January 31 will be recognized by
date and not subject to seniority. Requests submitted prior to January 1 will
be superseded by those requests which are submitted between January 1
and January 31.
Annual leave scheduling for personnel shall not be contingent upon leave
scheduling for personnel from other bargaining units.
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ARTICLE 19 — SICK LEAVE
Section 19.1 — Sick Leave Accrual
Regular full-time employees will accrue eight (8) hours of sick leave for each
continuous month of service.
Regular part-time employees' sick leave accrual will be pro-rated based upon the
total hours compensated each month. At no time will such accrual exceed the full
time rate above.
Sick leave is accrued according to completed months of continuous service with the
City. This is calculated from the date of employment (hire date) or rehire,
whichever is later.
Sick leave must be accrued before it can be used. The maximum number of
accumulated sick leave hours that may be carried over to a subsequent year is
1040. All accrued sick leave above 1040 hours as of December 31st of each year
shall be deleted.
In an enhanced effort to attract, recruit, and hire qualified lateral corrections
officers, the City may offer lateral corrections officers the following Incentives. The
City's offering of any or all of these additional incentives shall be at the City's sole
discretion and shall not be precedent setting for future hirings. The City may offer
as an incentive:
• a lump sum of sick leave hours.
• a lump sum of paid leave hours, not to exceed forty (40) hours; if the
employee separates from employment prior to completing his or her
probationary period, the paid leave shall have no cash value. Once the
employee passes probation, all remaining unused paid leave will be
transferred to the employee's annual leave bank.
• Corrections officers who relocate upon hiring to a residence closer to the City
of Kent may be allowed up to one thousand dollars ($1,000) in relocation
expenses per City policy through the City's receipt and reimbursement
procedure.
Section 19.2 — Use of Sick Leave
Accumulated sick leave credits may be used for the following purposes only:
A. Illness or injury of an employee. This includes leave taken for treatment
through the Employee Assistance Program.
B. Illness or injury of a member of the employee's immediate family, as defined
in Article 21, or as provided by either State or Federal law.
C. Death in family/funeral leave. Sick leave may be used to cover time away
from work as a result of a death in the employee's immediate family or to
attend a funeral, as set forth in Article 21 of this agreement.
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D. Medical or dental appointments for the employee or a member of the
employee's Immediate family, as defined in Article 21, which cannot be
scheduled at times other than during working hours.
E. Disability of the employee due to pregnancy and/or childbirth.
F. As otherwise provided for by State or Federal law.
Section 19.3 — Prompt Notification
Employees incapacitated by illness or injury shall notify their Immediate supervisor
within one (1) hour of their scheduled starting time, barring extenuating
circumstances. Police Department employees assigned to shift work who are
incapacitated by illness or injury shall notify an on-duty supervisor in their unit at
least one (1) hour before the start of their shift. If there is no supervisor working,
the employee shall advise an on-duty co-worker in their unit. Failure to do so may
result in loss of paid sick leave for that day. During periods of extended illness,
employees shall keep their supervisors informed as to their progress and potential
date of return to work.
Section 19.4 — Sick Leave Abuse
Abuse of sick leave shall be grounds for discipline. An employee's ability to work
regularly and as scheduled is a requirement for continued employment. The City
has the right to take corrective action to deal with abuse of sick leave.
Section 19.5 — Conditions Not Covered
Employees shall not be eligible for sick leave when:
A. Suspended or on leave without pay and when laid off or on other non-pay
status;
B. Of work on a holiday unless regularly scheduled to work the holiday; or
C. While on vacation, unless the employee submits a doctor's certification of
illness or injury of the employee or an immediate family member. The
certification must state the full nature of the illness or injury.
Section 19.6 — Physician's Statement
Employees who are absent four (4) or more consecutive days due to illness or
injury may be required by their supervisor/manager, upon returning to work, to
submit a statement from a physician stating the reason for the absence. This
physician statement shall be submitted to the Employee Services Department,
which will then provide necessary coordination with or information to the
employee's supervisor/manager.
This section is not intended to require physician's statements for all absences of
four (4) days or more.
A physician's statement may also be required by a supervisor/manager for
absences less than four (4) consecutive days where sick leave abuse is suspected
P 1LCC(Labor,Class&Comp)1LaborIUNIONWFSCME1Contracts12 01 2-2 01 31Final AF 2012-2013 Contract doc Page 39
and has been previously discussed with the employee and the employee has
received written documentation of the discussion.
Section 19.7 — Wellness Program
The City agrees to maintain a wellness program to educate and encourage healthy
lifestyles among bargaining unit members and allow participation during normal
working hours where such participation does not adversely affect the operation of
the department.
Section 19.8 — Sick Leave Incentive Program
In order to provide an Incentive for using sick leave only as necessary, members of
the unit shall be entitled to Incentive pay for maintaining their sick leave balance at
the following levels:
Sick Leave Hours Amount of Cash Incentive
0 - 239 No Incentive
240 - 479 8 hours base pay
480 - 719 16 hours base pay
720 - 959 24 hours base pay
960 + 32 hours base pay
Incentive pay will be granted in January of the following year. Employees will have
cash Incentive added to their paycheck. For purposes of determining eligibility to
receive Incentive pay an employee must have maintained the 240+, 480+, 720+,
or 960+ hour accrual for the entire preceding calendar year. If an employee falls
below one of the designated accrual levels they will not be eligible for the
corresponding incentive pay.
Section 19.9 — Light Duty
In the event an employee becomes sick or disabled and cannot perform the major
functions of their current position, the employer may allow the AFSCME member to
return to work in a light duty status. Light duty will be offered to all employees in a
fair and equitable manner.
A. On-the-Job Iniury
1. A light duty status job may be assigned so as to permit the employee to
continue working within the Department in a duty capacity that the employee
is physically capable of performing in accordance with the conditions set forth
by the employee's attending physician while continuing to be paid at the
employee's normal rate of salary.
2. Such assignment is contingent upon the medical prognosis of full physical
recovery from the employee's disability within a reasonable period of time.
3. Light duty status shall not exceed six (6) months without adequate
documentation from the injured worker's attending physician. Consideration
of an extension shall be based upon the medical prognosis of the employee
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being able to return to full employment in a reasonable period of time
thereafter in accordance with the advice of a physician retained by the
employer.
4. A request for light duty status will be submitted in writing or via email by the
employee to the Superintendent/Manager or from the employer to the
employee.
5. The City reserves the right to have a City appointed physician determine the
extent of an employee's disability, ability to perform light duty, and/or ability
to return to full duty.
6. Employee refusal of a light duty work assignment will be handled in
accordance with applicable Labor & Industries protocol, which may result in
discontinuation of time loss payments.
B. Off-Duty Illness or Injury-Reasonable Accommodations
In accordance with the American with Disabilities Act (ADA), a reasonable
accommodation, in the form of temporary light duty, may be considered when an
employee is, by reason of an ADA accepted physical or mental disability,
temporarily unable to perform the essential functions of his or her position.
1. In the event that light duty is determined to be a reasonable
accommodation, the light duty accommodation shall be defined in a light
duty short term position description written to expressly reflect the duties to
be temporarily performed by the employee with a disability.
2. From time to time, the employee's physical or mental condition and newly
assigned light duties may be reevaluated by the City in accordance with the
ADA.
3. Light duty status under this section shall generally not exceed six (6)
months; provided, a longer light duty period may be considered if there is a
medical prognosis that the employee will be permitted to return to full
employment in a reasonable period of time and such an extension of light
duty is determined by the City to be reasonable in accordance with the ADA.
In accordance with the ADA, the City may require a second opinion of the
employee's condition and prognosis by a physician retained by the City.
4. Nothing in this section shall be interpreted to require the City to provide
benefits or accommodations above and beyond those required by the ADA.
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ARTICLE 20 — JURY DUTY AND COURT APPEARANCES
Section 20.1 — Jury Duty and Court Appearances
Leaves of absence will be granted to those who are compelled to attend court as a
result of their employment with the City (unless the employee is litigating with the
City) or being called to serve jury duty. Those employees who are subpoenaed as
independent witnesses for cases in which they are not a party in the action will also
be granted leave of absence. Eligible employees will be compensated by the City
during their period of service. Employees who are required to appear in court for
personal matters are not eligible under this article and must request annual leave
or leave without pay. Full time employees will receive full compensation while on
approved leave for their period of services. Part-time employees with benefits on
approved leave will receive compensation for hours they would have "normally"
worked.
Upon receiving the sum paid for jury service, or witness fee, the employee shall
submit the warrant, or its equivalent to the City for City compensated court leave.
Compensation received for such service during hours normally worked must be
assigned to the City of Kent.
Section 20.2 — Job-Related Court Appearance
In the event that job-related court appearances are required, the City shall
attempt, wherever possible, to schedule such appearances during an employee's
regular duty shift, rather than on furlough days. The City will make every effort to
notify employees who are placed on a potential witness list.
Such appearances outside of the regular duty schedule shall be compensated for as
follows:
A. Shift Other than Grave
Employees will receive pay at the overtime rate for court appearance time
outside of regular duty hours, provided, however, each employee required to
report for court appearances shall receive a minimum of three (3) hours pay
at the overtime rate, for separate court appearances in accordance with
Section C below. Court appearances which are consecutively annexed to the
beginning or end of an employee's regular duty shift shall be treated as
regular overtime.
B. Grave Shift
Employees who are assigned to the 'grave" shift will receive pay at the
overtime rate for court appearance time outside of regular duty hours,
provided, however, each employee required to report for court appearances
following their regular duty shift shall receive a minimum of four (4) hours
pay at the overtime rate, for separate court appearances in accordance with
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Section C below. Court appearances which are consecutively annexed to the
beginning or end of an employee's regular duty shift shall be treated as
regular overtime and shall not be subject to the provisions of (A) and (B)
above.
C. Pyramiding
Pyramiding of court appearances is prohibited. There will be a maximum of
one (1) minimum guarantee in the morning and one (1) minimum guarantee
in the afternoon. Continuance of a morning appearance Into the afternoon
shall not constitute a separate court appearance.
D. Standby Time for Court Appearance
Employees who are required by the court or the City to "standby" for possible
court appearance, while off duty or on furlough days off, will receive one (1)
hour compensation at the regular time rate for each two (2) hours or portion
of assigned standby time. Standby time must be pre-authorized and logged
by the City and have a starting time and ending time.
ARTICLE 21 — BEREAVEMENT LEAVE
Section 21.1 — Use of Bereavement Leave
Members of the bargaining unit are eligible to receive three (3) days bereavement
leave with pay for death of an immediate family member. For purposes of making
necessary arrangements, etc., said days are not required to be consecutive.
Members of the bargaining unit may be eligible to receive up to one (1) day of paid
bereavement leave to attend the funeral service(s) for a co-worker. Employees
must receive their supervisor's approval prior to attending such funeral service(s)
to ensure the operations of the City shall not be interrupted. For a former co-
worker's funeral service(s), refer to Section 21.3 for leave use for a close friend.
Section 21.2 — Immediate Family
Immediate family shall be defined the following:
1. Employee's legal spouse, state-registered domestic partner, or significant
other
2. Parents (step and in-laws also)
3. Siblings (step and in-laws also)
4. Children (step and foster also)
5. Grandparents (in-laws also)
6. Grandchildren (step also)
Other members or non-members of the employee's family could be considered
immediate family as a result of special circumstances (example an aunt or uncle
P 1LCC(Labor, Class&Comp)1LaborIUNIONIAFSCME1Contracts12 01 2-2 0 1 31Final AF 2012-2013 Contract doc Page 43
with whom an employee lived, where such a person could have been regarded as a
substitute parent). An employee must ask for an exception ruling in order to
receive bereavement leave for persons classified in this category. Such request
must be submitted to and approved by the Employee Services Director, or
designee, and must explain the relationship of the person(s) Involved, either as
family or non-family member(s).
Section 21.3 — Use of Sick Leave to Supplement Bereavement Leave
In the event that the time required for Immediate family bereavement leave is in
excess of the allowed leave, sick leave may be taken. A maximum of twenty (20)
days sick leave may be granted by the department director or Employee Services
Director for this purpose, not to exceed the balance in the employee's sick leave
bank. Distance, travel time or other factors will be considered to determine the
number of days to be granted.
Members of the bargaining unit may use up to one (1) day of sick leave for the time
needed to attend the funeral for death of aunts, uncles, nieces, nephews, cousins
and close friends.
If additional time is needed other available leave may be utilized (compensatory
time or vacation) subject to approval of the department director or Employee
Services Director.
ARTICLE 22 — PENSION
Pension for employees and contributions will be governed by Washington State
Statute, however this shall not limit Improvements to the retirement benefits by the
City and/or the State of Washington.
ARTICLE 23 — WORKERS' COMPENSATION PROGRAM
Employees injured on-duty and who qualify for workers' compensation shall be
entitled to such benefits through the City's self-funded program as determined by
statute. The City will continue medical/dental, life, and LTD insurance contributions
on behalf of the injured employee and dependents, if applicable, in an amount not
to exceed the City's pre-injury contribution level.
ARTICLE 24 — INSURANCE
Section 24.1 — Medical/Dental Plans
Coverage will be available for all regular full time and regular part-time employees
(21+ hours per week and 20+ hours per week for job shares) and their eligible
dependents. The plan(s) offered are:
P\LCC(Labor,Class&Comp)\Labor\UNION\AFSCME\Contracts\2012-2013\Final AF 2012-2013 Contract doc Page 44
A. City's self-Insured health Insurance Enhance Prudent Buyer (PPO) Plan
administered by Premera Blue Cross, Washington Dental Service, and
V.S.P. Vision;
B. Group Health Cooperative (HMO), Includes co-pays as required by
Group Health Cooperative, Washington Dental service, and V.S.P.
Vision plan;
C. Health Savings Account (HSA) and High Deductible Plan administered
by Premera HSA, Washington Dental Service and V.S.P. Vision, with
the City funding thirty-five percent (35%) of the employee's HSA in
the first year that the employee elects this plan; and
D. 80/20% Traditional Plan administered by Premera Blue Cross PPO,
Washington Dental Service, and V.S.P. vision.
There shall be a one-year trial period for 2012. Employees may elect any of the
above plans and revert back to the 100% Premera plan on January 1, 2013.
Effective January 1, 2013, if an employee elects option B, C, or D above, the
employee will no longer be eligible to select Option A in the future.
The City reserves the right to change carriers based upon comparable benefits and
cost-effectiveness of such a change.
Section 24.2 — Employee Contribution-Medical/Dental Coverage
Eligible employees shall have dependent coverage available. Employees shall have
the option to insure dependents under alternative plans offered, subject to the
terms and conditions imposed by the carrier.
Effective January 1, 2012, for option A and B above, employees shall pay six
percent (6%) of the employee's portion and fourteen percent (14%) of the
dependent(s) portion of the total health care insurance premium paid into the
employee's respective health insurance program.
Effective January 1, 2012, for option D above, employees shall pay two percent
(2%) of the dependent(s) portion of the health care insurance premium paid into
the 80/20% Traditional Plan.
Employees that elect option C above, must contribute a minimum of $50 per month
into his or her Health Savings account.
The employee premium contributions reflected in Appendix C shall remain in effect
for 2012 and 2013.
If for any reason, non-represented or Teamster employees pay a lower cumulative
employee and dependent premium than outlined above, all members of this
bargaining unit shall be covered by the lower cumulative employee and dependent
premium schedule.
P 1LCC(Labor,Class&Comp)1LaborIUNIONWFSCME1Contracts12012-20131Final AF 2012-2013 Contract doc Page 45
Section 24.3 — Retirement Health Sayings
If the Union establishes a Retirement Health Savings program in compliance with
IRS regulations the city agrees to administer the payroll deductions and assist in
the administration of the plan.
Section 24.4 — Health Care Committee
The Union is entitled to two (2) representatives to participate in the City's Health
Care Committee. The parties agree that the Union's participation on the City's
Health Care Committee has been mutually beneficial. The parties recognize that
there must be representation and participation by all Unions on the Committee.
During the life of this contract, the City's Health Care Committee shall meet for the
purpose of due diligence to review other health care options, that may provide
savings to the City and its employees.
Section 24.5 — Life Insurance
The City shall pay the entire premium of double indemnity life insurance coverage
for each eligible employee in the bargaining unit. The City will determine the
manner in which insurance coverage is secured. The amount of life insurance shall
be equal to one times the employee's annual base salary to a maximum of $50,000
and a minimum of $25,000.
Section 24.6 — Long Term Disability Insurance (LTD)
The City shall pay the entire premium of a long term disability plan for each eligible
employee in the bargaining unit. Employees currently self-paying their premium
shall be grandfathered with that right. Any employee currently self-paying who
subsequently chooses to have the premium paid by the City, shall not have the
right to revert to a self-pay status. The LTD plan shall provide for coverage with a
90 day elimination period, which pays at 66.67% of the monthly pay, sub]ect to a
maximum amount of $7,000 per month, except as stated in Proof of Loss provision
of the benefit schedule and pays to age 65 for eligible employees. The City will
determine the manner in which insurance coverage is secured.
ARTICLE 25 — EDUCATION, SEMINARS AND CONFERENCES
Section 25.1 — Reimbursement for Training Seminars/Conferences
Employees will be granted reasonable amounts of time off and full financial
reimbursement for attending training programs/seminars/conferences whenever
such training is work related and attendance has prior approval of the City.
Employees who conduct authorized, official City business or participate in
conferences as official representatives of the City while outside the City shall be
reimbursed for authorized expenses and paid their regular wages for participation.
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Section 25.2 — Special Licenses and Certificates
The employer shall pay the applicable fees for obtaining or renewing special
licenses or certificates, if such is required, or to be maintained as a condition of
employment with the City.
No employee shall suffer a loss due to time needed during the work day to obtain
special licenses or certificates, required as a condition of employment with the City
of Kent. However, employees shall not be compensated for time spent studying for
such licenses or certifications.
Section 25.3 — Education — General
The City recognizes the need to encourage and promote educational opportunities
for employees, subject to budgetary limitations. The City will reimburse personnel
for costs incurred in receiving approved education upon satisfactory completion of
such education. Approved education shall be defined as training and/or education
that relates to the employee's current position, or education and training that
supports the employee's professional growth toward a potential future position
within the employee's career path. Nothing in this section shall be interpreted as a
guarantee that the costs Of training and/or education will be paid or reimbursed, in
whole or in part, by the City. Reimbursement for course work and/or a degree
program must be preapproved by the employee's department director, the
Employee Services Director, and the Chief Administrative Officer.
Eligible costs include:
1. Tuition and class registration;
2. Books; and
3. Associated fees (i.e., lab fees, parking fees, materials).
If an employee is attending an accredited State institution, the employee shall be
reimbursed based upon that institution's tuition schedule. If an employee is
attending a non-State supported institution, the employee shall be reimbursed on
the basis of the University of Washington tuition schedule.
Section 25.4 — Reimbursement Reauests
The employee must submit a written request to the Department Head. The request
should include:
1. Course list and content;
2. Reason for taking the course and its relatedness to Department
business; and
3. Appropriate cost.
Once the education reimbursement request is approved by the Department Head,
the cost will be included in the budget, subject to budget mandates. Once
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i
approved by the Department Head, the department will make a good faith effort to
have the budget approved by the Council. Interim changes shall be considered by
the Department Head and acted on only if budget is available.
Section 25.5 — Class Attendance
Employees who wish to attend classes offered by schools, colleges, universities, or
other training organizations must do so during their off-hours. If the job related
courses are not offered during off-hours, an employee may be granted time off with
pay while attending such courses. In special cases, subject to departmental
approval, an Irregular work schedule may be arranged in order for an employee to
attend courses that are not offered during off-hours. Hours spent by an employee
while attending class or studying for such class during off-hours will not be
considered compensable hours.
Section 25.6 — Reimbursement for Education/Training
If reimbursement is available through outside grant funds, or any other potential
source, then reimbursement shall be through that source. (G.I. benefits and
student loans shall not be considered outside funds for purposes of this section.)
Upon completion of approved training, the employee must prepare a request for
reimbursement Itemizing actual expenses incurred and Including a copy of the
training authorities' certificate of completion or grade report.
Paid receipts for training costs must accompany the request for reimbursement.
The City will reimburse the employee for only those costs that have been approved
and for which paid receipts are attached to the reimbursement request.
Employees requesting reimbursement must submit the request, with
documentation, within thirty (30) calendar days following successful completion of
the approved course(s). Requests not received within thirty (30) days will not be
considered for reimbursement, unless good cause is shown.
As a condition of the reimbursement, an employee who accepts an
education/training reimbursement agrees to repay the City the amount of the
reimbursement received if he or she voluntarily separates employment from the
Citywithin twenty-four 24 months after completion of the course(s) for which
Y ( )
reimbursement is received.
To qualify for training and education reimbursements, the employee must be in
good standing unless the training or education is a requirement of the employee's
corrective action plan. This means the employee cannot be under current
discipline. Current discipline shall be Interpreted as three (3) years for a written
reprimand, and five (5) years for a suspension or demotion. The timeline shall
apply from the date of the discipline. If the preapproved course(s) have
commenced prior to the disciplinary action, such course(s) will continue to be
honored by the City for reimbursement if the employee successfully completes the
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course(s). Pre-approved course(s) which have not commenced will be reevaluated
if the employee receives discipline of a written reprimand or greater.
ARTICLE 26 — LABOR MANAGEMENT MEETINGS
The City and the Union agree that a need exists for cooperation between labor and
management. To accomplish this end, the City and the Union agree that Labor-
Management meetings shall be conducted for that purpose. Said meetings shall
occur as needed and agreed to by both parties for the purpose of discussing and
facilitating the resolution of problems which may arise between the parties other i
than those for which another procedure is provided by law or by other provisions of
this Agreement. Meetings may be suspended by agreement of both parties.
ARTICLE 27 — HEALTH AND SAFETY
Section 27.1 — Working_Conditions
All work shall be done in a competent and professional manner, and in accordance
with State, Federal and City Safety Codes and with ordinances and rules relating to
this subject.
It shall not be considered a violation of this Agreement if any employee refuses to
work with unsafe equipment, or when the facilities and services are not being
maintained in a reasonably sanitary condition. If an employee has justifiable
reason to believe that his/her safety and health are in danger due to an alleged
unsafe working condition, or alleged unsafe equipment, he/she shall inform his/her
manager who shall have the responsibility to determine what action, if any, should
be taken, including whether or not the job should be shut down.
A grievance involving an alleged violation of this Article may be submitted directly
to Step 2 of the grievance procedure and a grievance hearing shall be promptly
scheduled.
Section 27.2 — Uniforms and Safety Gear
A. Uniforms
The City shall provide uniforms, at no cost to the employee, or a uniform
allowance, for those employees who are required to wear them as part of
their employment as follows:
Inspectors: The City will provide three (3) jackets, or two (2) jackets and
one (1) pair of coveralls for work purposes, to be replaced every three years,
or sooner as determined necessary by the Manager.
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Corrections Officers and Sergeants: The City will provide uniforms, and
alterations, and will continue to be provided per department practice prior to
the signing of this contract. The maintenance and cleaning of such uniforms
shall be the responsibility of the employee.
Public Education Specialists and Parking Enforcement Officer: The City will
provide three (3) pair of pants and three (3) uniform shirts (altered as
necessary). The maintenance and cleaning of such uniforms shall be the
responsibility of the employee.
Police Records Specialists and Police Records Supervisors: The City shall
provide an annual uniforms allowance for employees in Records Specialist
and Records Supervisor positions in Police in the amount of $400.00,
effective upon signing of the contract, based on a receipt and reimbursement
method. New Police Records employees eligible for the uniform allowance
will be provided a $400.00 start-up uniform allowance (said start-up may be
included in the employee's first paycheck less applicable deductions, at the
employee's written request). Each employee shall be provided only one (1)
uniform allowance during the employee's probationary period. The
maintenance, alteration, and cleaning of such uniforms shall be the
responsibility of the employee. Effective January 2013, the uniform
allowance will be increased to $450.
Custodians, Custodial Leads, Custodial Supervisor, Printing Technician, Print
Shop Lead, and Production Assistant: The City shall provide an annual
replacement uniform allowance for employees in the above classifications in
the amount of $400 to be applied on their April 5, 2012 paycheck. Effective
with the February 5, 2013 paycheck the uniform allowance will increase to
$450. Employees will be expected to launder and maintain their own
uniforms on their own time. Employees will be allotted two hours per year,
on city time, to purchase their uniforms. No overtime shall be incurred as a
result of employees purchasing uniforms. The city will determine the uniform
options available and will provide a listing of all approved uniform options to
include a listing of approved vendors. Approved uniforms will include, but
may not be limited to: Carhartt pants, non-insulated Carhartt overalls,
insulated Carhartt overalls/coveralls, blue work pants, t-shirts, tech-shirts,
polo shirts, industrial shirts, and hooded sweatshirts. The City will provide
two (2) high-image jackets, or similar quality, and one (1) parka to be
replaced every three years, or sooner as determined necessary by the
Manager.
Employees must be properly attired in accordance with city policy and
reasonable rules regarding safety.
No employee shall receive more than the specified annual uniform allowance
in any given calendar year. A calendar year is defined as January -
December.
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B. Safety Boots
Employees in positions that require wearing W.I.S.H.A. approved safety boots will
be reimbursed for up to two (2) pairs of safety boots per year and two (2) pair of
Insoles per year, not to exceed $180.00 + tax for each pair of safety boots/Insoles.
C. Safety Gear
The City will provide the following safety and foul weather gear for those positions
requiring such gear pursuant to City, State, or Federal standards:
Hard Hats
Rubber Boots
Rain Gear
Safety Glasses
Reflective Vests
Hearing Protection
In addition to the outlined equipment set forth above, the City agrees to provide at
the City's expense at least the minimum safety equipment required under
W.I.S.H.A. for affected employees.
Section 27.3 — Miscellaneous Provisions
The City shall pay the auto insurance deductible, if any, incurred by an employee
who is involved in an automobile accident while driving his/her personal automobile
on City business, where such accident is not the fault of the employee and the
employee is not cited.
ARTICLE 28 — NON-DISCRIMINATION
The City and the Union agree not to discriminate against any employee for
exercising his or her legal rights to organize and bargain collectively under the
Public Employees Collective Bargaining Act (R.C.W. Chapter 41.56). The City and
the Union further agree they shall not discriminate against, or grant preferential
treatment to, any employee because of membership or non-membership in the
Union, or other employee organization, race, color, creed, religion, age, ethnicity,
national origin, sex, sexual orientation, marital status, honorably discharged
veteran or military status, the presence of any physical, mental, or sensory
disability, the use of a trained dog guide or service animal by a person with a
disability, unless based on bona fide occupational qualifications. Furthermore, it is
mutually agreed that there shall be no discrimination based on applicable State or
Federal laws.
It is mutually agreed that there shall be no sexual harassment. Employees who
feel they have been discriminated against or sexually harassed shall be encouraged
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to use the grievance procedure set forth under this Agreement, as well as,
appropriate City policies and procedures regarding Sexual Harassment and
Harassment and Discrimination.
ARTICLE 29 — MILITARY LEAVE
Any employee who is a member of the Washington National Guard, a Federal
Military Reserve unit, or any branch of the U.S. military shall be granted paid
military leave and benefits as required by Federal and State laws and in accordance
with City Policy. An employee who is a qualifying family member of a service
member of the military shall be granted leave benefits as required by Federal and
State laws and in accordance with City Policy.
Paid military leave of absence days shall be determined on the basis of the number
of working days the employee is absent from work. Employees working a non-
traditional schedule shall continue such schedule during the period of leave.
Military leave shall be in addition to any vacation or compensatory time to which
the employee might otherwise be entitled, and shall not involve any loss of
efficiency rating, privileges (including those provided by the Uniformed Services
Employment and Reemployment Rights Acts (USERRA)), pay, or seniority.
During the period of military leave, the employee shall be compensated, for each
day of paid military leave granted, an amount not to exceed the equivalent
compensation earned by that employee over their work period.
ARTICLE 30 — PRIORITY OF STATE AND CITY LAWS/SAVINGS CLAUSE
It is understood and agreed by and between the parties that in negotiations and
collective bargaining and in the administration of all matters covered by this
Agreement, the parties hereto and the City employees are governed by the
provisions of applicable Federal laws, State laws, and City Ordinances. If there is a
conflict between any provision of this Agreement and Federal and State law, the
appropriate law shall prevail.
If any article of the Agreement or any addendum hereto should be held invalid by
operation of law, including any amendment to the Fair Labor Standards Act
(F.L.S.A.), or by any tribunal of competent jurisdiction, or if compliance with or
enforcement of any article should be restrained by such tribunal, the remainder of
the Agreement and addendum shall not be affected thereby and the parties shall
enter immediate collective bargaining negotiations for the purpose of arriving at a
mutually satisfactory replacement of such article.
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ARTICLE 31 - TOBBACCO FREE WORKPLACE
The parties agree to abide by the City policy On Smoking and Tobacco Use, policy
#7.3, in order to protect and promote the health of employees, and maintain a safe
and healthy work environment.
ARTICLE 32 - ALCOHOL OR DRUGS IN THE WORKPLACE
Section 32.1 - Drug Free Workplace
The City and Union agree that the City of Kent shall be a drug free work place
(Including work sites outside the City limits). The use of alcohol and/or illegal drugs
during working hours, or reporting for work under the Influence of either is strictly
prohibited and grounds for disciplinary action.
It is expected that an employee will seek appropriate medical help for alcoholism,
and/or chemical dependency through the Employee Assistance Program.
Section 32.2 - Drug and Alcohol Testing
All members of the bargaining unit shall comply with City Policy #2.25 - Substance
Abuse, subject to the provisions of this Collective Bargaining Agreement and
specifically the provisions of this Article. Random testing, however, shall only apply
to those employees required to carry a commercial driver's license (CDQ as a
condition of employment.
Section 32.3 - Informing Employees About Drug and Alcohol Testing
All employees shall be fully informed of this drug and alcohol testing policy.
Employees will be provided with information concerning the impact of the use of
alcohol and drugs on job performance. In addition, the City shall inform the
employees on how the tests are conducted, what the tests can determine and the
consequence of testing positive for drug use. No employee shall be tested before
this information is provided to him/her. Employees who voluntarily come forward
and ask for assistance to deal with a drug or alcohol problem shall not be ,
disciplined by the City.
The City encourages employees to seek treatment for drug and alcohol abuse
voluntarily. To encourage employees to do so, the City makes available the
Employee Assistance Program (E.A.P.). Any employee who notifies the City of
alcohol or chemical abuse problems will be given assistance offered to employees
with any other illness. As with other illnesses, the City may grant sick leave,
vacation leave or leaves of absence without pay for treatment and rehabilitation of
drug and alcohol abuse.
Any decision to voluntarily seek help through the Employee Assistance Program, or
privately, will not interfere with an employee's continued employment or eligibility
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for promotional opportunities. Information regarding an employee's participation in
the Employee Assistance Program will be maintained in confidence.
Section 32.4 — Employee Testing
Unless otherwise required by federal law, employees shall not be subject to random
urine testing or blood testing or other similar or related tests for the purpose of
discovering possible drug or alcohol abuse. If the City has reasonable suspicion to
believe an employee's work performance is Impaired due to drug or alcohol use, the
City may require the employee to undergo a drug and/or alcohol test consistent
with the conditions set forth in this article.
Reasonable suspicion for the purposes of this article is defined as follows: the
City's determination that reasonable suspicion exists shall be based on specific
articulated observations concerning the appearance, behavior, speech or body
odors of an employee and shall include, as a minimum, a written report
documenting objective, measurable changes in the employee's work performance
due to unauthorized drug or alcohol use by two (2) observers who have adequate
opportunity to observe these changes.
Section 32.5 — Alcohol Testing
A breathalyzer or similar equipment shall be used to screen for alcohol use, and if
positive, shall be confirmed by a blood alcohol test performed by a qualified
laboratory. This screening test shall be performed by an Individual properly
qualified to perform the tests utilizing appropriate equipment. An initial positive
alcohol level shall be 0.04 grams per 210 L. of breath. If initial testing results are
negative (below 0.04 grams per 210 L. of breath), testing shall be discontinued, all
samples destroyed and records of the testing expunged from the employee's files.
Only specimens identified as positive on the initial test shall be confirmed using a
blood alcohol level. A positive blood alcohol level shall be 0.04 grams per 100 ml of
blood. If confirmatory testing results are negative (below 0.04 grams per 100 ml of
blood), all samples shall be destroyed and records of testing expunged from the
employee's files.
Section 32.6 — Testing Program Costs
The City shall pay for all costs involving City required drug and alcohol testing as
well as the expenses associated with the Medical Review Physician. The City shall
also reimburse each employee for their time and expenses including travel incurred
involving the testing procedure only.
Section 32.7 — Rehabilitation Program
Any employee who tests positive shall be medically evaluated, counseled and
treated for rehabilitation as recommended by the E.A.P. counselor. In the event
the employee disagrees with the treatment recommended by the E.A.P. counselor,
the employee may choose to obtain a second opinion from a qualified physician of
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his/her choice. Employees who complete a rehabilitation program may be re-tested
for one (1) year following completion of a rehabilitation program.
An employee may voluntarily enter rehabilitation without a requirement or prior
testing. Employees who enter the program on their own shall not be subject by the
City to random re-testing. Employees will be allowed to use their accrued and
earned leave for the necessary time off involved in the rehabilitation program.
If an employee tests positive during the one (1) year period following completion of
rehabilitation, the employee will be re-evaluated by an E.A.P. counselor to
determine if the employee requires additional counseling and/or treatment. The
employee may be solely responsible for any costs, not covered by medical
benefits/insurance, which arise from this additional counseling or treatment.
Section 32.8 — Duty Assignment After Treatment
If the duty assignment for an employee is modified or changed as a result of a
rehabilitation program, then after an employee successfully completes his/her
rehabilitation program, the employee shall be returned to the regular duty
assignment held prior to the rehabilitation program. Once treatment and follow-up
care is completed, and one (1) year has passed with no further violations of this
article, the employee's personnel and medical files shall be purged of any reference
to his/her drug problem or alcohol problem.
Section 32.9 — Right of Appeal
The employee has the right to challenge the result of the drug or alcohol test and
any discipline imposed in the same manner that he/she may grieve any other City
action.
Section 32.10 — Union Held Harmless
This drug and alcohol testing program was initiated at the request of the City. The
City assumes the sole responsibility for the administration of this Article and shall
be solely liable for any legal obligations and costs arising out of the provisions
and/or application of this collective bargaining agreement relating to drug and
alcohol testing. The Union shall be held harmless for the violation of any worker
rights arising from the administration of the drug and alcohol testing program.
ARTICLE 33 — JOB ROTATION
The City may fill temporary vacancies, which occur and are determined by the City
to be appropriate for job rotation, at the same or higher level classification based
on the duties and responsibilities assigned by the City to the job rotation position.
The City may, at its discretion, post for and fill the job rotation position with any
regular employee(s) of the City. If a non-represented employee or an employee
from another bargaining unit is selected to fill the vacancy, the City and concerning
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unions will work out the details of the employee's representation status while filling
the Job rotation position. Non-represented employees performing union work and
union employees performing non-represented work, under this article, will not
constitute cause for a unit clarification.
The employee(s) filling the Job rotation position shall be compensated at the step in
the salary range for the Job rotation position as posted, which represents a
minimum of five percent (5%) Increase from the employee's base position salary,
not to exceed the maximum of the Job rotation position's salary range. Such
compensation shall begin at the commencement of the Job rotation.
The employee selected for Job rotation shall be notified of the expected start date
and termination date of such rotation Including any changes thereof. The Job
rotation must be approved by the coming and going department directors. Either
one of the department directors or the employee may terminate the Job rotation
prior to the termination date with at least two (2) weeks notice to all parties, unless
a shorter notification period is mutually agreed to by the concerning parties.
AFSCME bargaining unit employees selected for Job rotation Into a position outside
the bargaining unit shall continue to be considered part of the bargaining unit
(based on their regular position remaining in the bargaining unit). Seniority shall
continue to accrue in the employee's regular position and shall not accrue in the
position they are rotating Into.
Employees in a Job rotation shall have full and complete right to their regular
position at any time up to and Including the date of the end of the Job rotation.
ARTICLE 34 - JOB SHARE
Job share is a form of work in which two people share the responsibilities of one full
time position. Job share eligibility is determined by the Department Director and
Employee Services Director at the request of the incumbent employee. The Job
share team is comprised of the primary employee (the incumbent who held the full
time position before the Job share arrangement was approved) and the secondary
employee (the person selected to fill the remaining portion of the position). All Job
share opportunities shall be posted and filled in accordance with Article 3, Section
3.7 - Position Vacancies. Job share applicants must possess the required skills,
knowledge, and ability, as well as the education and experience requirements
reflected in the position description.
Both salary and benefits of the shared position shall be pro-rated based on hours of
work. Benefits may be divided unequally in accordance with the employees'
request and upon the approval of the Employee Services Director and the Union.
Job shares are intended to be relatively cost neutral as compared to one employee
holding the position. Scheduling of the Job share workweek shall be left to the
discretion of the immediate supervisor and Job share employees. However,
approval of any work schedule and/or schedule changes must be granted by the
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Department Director, or designee. All Job share agreements shall be reduced to
writing and signed by the City and the Union.
Job share employees of 50% or more of the position shall be eligible for health care
benefits and job share employees of less than 50% shall not be eligible for health
care benefits. Job share situations involving two employees eligible for health
care benefits shall have the health care benefits shared. The basis for this sharing
of health care benefits shall be on a total benefit cost for insuring a full family. The
corresponding dollar amount shall be split between the employees, based on a
mutually agreeable division, and used individually for each employee's selected
health care premiums. Job share employees shall be considered regular part-time
employees for all reasons not specifically addressed in this Article.
The first three months of the job share shall be considered an evaluation period in
which the Department Director, or designee, and job share partners shall evaluate
the job share arrangement. Any of the parties may terminate the job share
arrangement during this evaluation period. In the event the job share is
terminated during the evaluation period, the employee who does not fill the full
time position shall have bumping/reversion rights to their previously held position
immediately prior to the job share arrangement in accordance with Article 3,
Section 3.3 - Personnel Reduction of this Agreement, if that previous position was
represented by AFSCME at the time the employee accepted the job share
assignment.
After the evaluation period, job share arrangements may be terminated at any time
at the request of the Department Director, or designee, or either employee. In the
event the job share arrangement is terminated, either as a result of a decision
outlined above or by one of the employees leaving the position or the City, the
primary employee shall have first right of refusal to resume full time status. If the
primary employee decides not to resume full time, the secondary employee shall
have the right to fill the full time position. Whichever employee does not fill the full
time position shall be considered laid Off and shall be afforded all rights of the
Layoff provisions except bumping rights. All layoff rights shall not apply to an
employee who terminates the Job Share arrangement by separating from City
employment.
ARTICLE 35 - VOLUNTEERS AND INTERNS
The City and the Union agree that volunteer and/or intern programs (including work
time credit and the Communities in Schools program) can be mutually beneficial to
the City, employees, and citizens of Kent. The parties recognize that such
programs provide a sense of community involvement and require a commitment of
time and service on behalf of the volunteer and intern. To that end, the City is
committed to working in partnership with the Union to build successful volunteer
and/or intern programs.
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The use of volunteers and/or interns will not supplant bargaining unit positions. No
bargaining unit member shall be laid off as a result of volunteer and/or Intern
programs. The use of volunteers and/or Interns shall not result in a loss of
overtime opportunities for bargaining unit members.
Successful volunteer and Intern programs require leadership and coordination with
employees. Any such opportunities may be made available to the bargaining unit
employee(s) so affected. In addition, said bargaining unit member shall receive
appropriate compensation for performing these duties.
The City and the Union will meet in a labor-management forum and come to mutual
agreement prior to Implementing any new volunteer and Intern programs.
ARTICLE 36 - CIVIL SERVICE SHIFT BIDDING
Section 36.1 - Police Records Shift Bidding
Subsection 36.1.1 - Police Records Bid/Assignment Process
A. Work assignments for Records Specialists and Record Supervisors shall be
determined by a bid system based on seniority in those positions with the
Kent Police Department. Except that, in the case of an employee who had a
reduction in rank or class, the employee's seniority shall include time spent
in the higher rank(s) or class(es). Work assignment, as it relates to the bid
process, means a specific set of work days and work hours. (Example: Work
Assignment No. 1 = Monday, Tuesday, Wednesday and Thursday from 0700
to 1700 hours.) The City has the sole discretion to determine the days and
hours of work assignments as they pertain to the bid process.
B. The parties mutually agree to continue the four-month bid rotation. Those
assignments shall commence the first Sunday in January, May and
September.
C. During their probationary period, Records Supervisors and Records
Specialists may be placed in work assignments based on training needs.
D. Every fourth bid rotation (see Appendix D), priority for work assignment
preference shall be reversed so that the least senior personnel shall receive
priority for work assignment preference.
E. The bid processes for each rotation shall occur according to the schedule
outlined in Subsection 36.1.2.
F. Individuals unable to report for work by the start of a new rotation will not
participate in the bidding process for that rotation and shall be assigned by
the City to a work assignment for that specific rotation.
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G. No early or late work assignment preference bids shall be accepted.
H. Employees will not be able to participate in the shift bid while on probation
except that a probationary employee may bid for a shift that occurs after
his/her probationary period will be completed.
I. The Employer reserves the right to bar individuals from bidding where
required by business necessity.
Subsection 36.1.2 - Police Records Bid Rotation
Records employees work four-month shift assignments as follows:
1. First Rotation - Schedule commences on the first Sunday in January with day
shift and shift bidding commences as follows:
September 1 - 6 Police Specialist Supervisor bid is open
September 7 - 28 Police Records Specialist bid is open
September 29 Final schedule is posted
2. Second Rotation - Commences on the first Sunday in May with day shift and
position bidding commences as follows:
February 1 - 6 Police Specialist Supervisor bid is open
February 7 - 28 Police Records Specialist bid is open
March 1 Final schedule is posted
3. Third Rotation - Commences on the first Sunday in September with day shift
and position bidding commences as follows:
June 1 - 6 Police Specialist Supervisor bid is open
June 7 - 28 Police Records Specialist bid is open
June 29 Final schedule is posted
Section 36.2 - Corrections Position Bidding
Subsection 36.2.1 - Shift Assignments
A. Shift assignments for Corrections Officers and Corrections Sergeants shall
be determined by a bid system based on tenure in those positions with the
City of Kent Corrections Facility.
B. Corrections Officers tenure shall be determined from the date of hire with
the City of Kent Corrections Facility. Tenure for Sergeants shall be
determined by the time in grade as a regularly appointed Sergeant at the
City of Kent Corrections Facility. During the initial probationary period of
employment, Corrections Officers are not eligible to bid for shift/days off
assignments.
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C. Bids and assignments shall be made every four (4) months. The rotation for
bids/assignments shall be implemented on the first Sunday of January,
effective with the commencement of the day shift, the first Sunday in May,
effecting with the commencement of day shift, and the first Sunday in
September, with the commencement of day shift. All assignments shall
remain in effect until the next bid rotation unless it is determined by the City
that the Corrections Officer or Sergeant will be reassigned to a non-bid
assignment during that period of time. Assignments outside the bid process
shall be completed prior to starting the bid process unless the incumbent of
the assignment fails to give 30 calendar days notice of intent to leave the
assignment prior to the start of the bidding process.
D. For Corrections Officers and Corrections Sergeants. The first and second bid
process shall give priority to the most senior personnel for shift/days off
preference. The third process shall result in a reversal of selection, giving
first choice in shift/days off preference to least senior personnel.
E. The bid process shall occur as scheduled. Individuals unable to report for
work for at least half of the new rotation will not participate in the bidding
process for that rotation and shall be assigned by the City to a work shift for
that specific rotation. Employees who are on or will be on leave shall be
responsible to provide documentation from person(s) of authority (i.e.
doctor, military commander, etc.) certifying that they are expected to return
for at least half of the rotation to be eligible to bid for shifts in that rotation.
F. The City shall determine who is eligible to bid, however, ineligibility will be
documented in writing and provided to the affected Corrections Officer or
Sergeant.
G. The City may be required to limit the number of positions available for bid to
ensure that a male and female officer are scheduled for each of the 21
shifts.
Subsection 36.2.2 - Bid/Assignment Process
The following provisions shall control the process of bidding and assignment in
accordance with the above guidelines:
A. Shift/days off preference shall be selected by the affected employee during
the established bidding period. This preference may not be changed by the
employee.
B. No early or late shift preference bids shall be accepted.
C. Vacant positions that occur after the bid deadline shall be filled by
Corrections Officers or Sergeants, as applicable. Those assignments shall
continue until the next rotation.
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D. Assignments of all Individuals shall be determined by the City.
E. The position schedule that will be used will be communicated in writing to
employees. The affected employee will make their selection in writing. Once
the selection is chosen, there will be no changing of their selection.
F. Corrections Officers will be able to bid for positions that may include two of
their previous days off. If an employee selects an invalid/ineligible shift
when other option(s) are available, the employee shall move to the end of
the bid eligibility list. Sergeants shall not be limited in their bid based on
previous days off.
G. Employees shall complete their bid selection within 24 hours from the initial
notification of their individual bid choices.
H. The attached and appropriate rotation(s) shall be used for the bidding. In
the event that there are sixteen (16) Corrections Officer positions, the
rotation(s) from the previous contract will be used. However, if less than
sixteen (16) Corrections Officers are bidding during the process, the
procedures outlined in Subsection 36.2.2 (I) shall apply.
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I. If less than fifteen (15) Corrections Officers are bidding during the process,
the City may freeze up to the number of shifts equal to the number of
Corrections Officers ineligible to bid (for example: If there are thirteen (13)
Corrections Officers bidding, the City may freeze up to two (2) shifts). The
frozen shift(s) (day, swing and grave) and the number of each to be frozen
shall be noted prior to starting the bid process. The specific positions to be
frozen shall be the last positions bid upon for the given shift.
Subsection 36.2.3 - Corrections Bid Rotation
Corrections Officers work four (4) months with assigned shift and days off.
1. First Rotation - Schedule commences on the first Sunday in January with day
shift and position bidding commences as follows: i
September 1 - 6 Sgt.'s position bid is open I
September 7 - 28 CO's position bid is open
September 29 Final schedule is posted
2. Second Rotation - Commences on the first Sunday in May with day shift and
position bidding commences as follows:
February 1 - 6 Sgt's position bid open
February 7 - 28 CO's position bid is open
March 1 Final schedule posted
I
P\LCC(Labor, Class&Comp)\Labor\UNION\AFSCME\Contracts\2012-2013\Final AF 2012-2013 Contract doc Page 61
3. Third Rotation - Commences on the first Sunday in September with day shift
and position bidding commences as follows:
June 1 - 6 Sgt.'s position bid open
June 7 - 28 CO's position bid is open
June 29 Final schedule posted
ARTICLE 37 - ENTIRE AGREEMENT
The agreement expressed herein in writing constitutes the entire Agreement
between the parties and no oral statements shall add to or supersede any of its
provisions.
The parties agree that this Agreement is their complete Agreement and that all
agreements between the parties are merged into this Agreement. No issues
negotiated by this Agreement are subject to mandatory negotiation during the term
of this Agreement, but they may be modified by mutual agreement in writing.
This agreement constitutes the negotiated agreement between the City and the
Union and supersedes any previous agreements or undertakings, whether oral or
written, between the parties or between the City and included employees.
ARTICLE 38 - DURATION
This Agreement shall become effective on January 1, 2012 and shall remain in full
force and effect through December 31, 2013.
P\LCC(Labor,Class&Comp)\Labor\UNION\AFSCME\Contracts\2012-2013\Final AF 2012-2013 Contract doc Page 62
SIGNATURES
Signed this day of 6Z , 2012, at Kent, Washington.
CITY OF KENT WASHINGTON STATE COUNCIL OF
COUNTY AND CITY EMPLOYEES UNION,
LOCAL #2/617
BY BY
uze to oke Ethan Fineout
Ma r Staff Representative
BY /ILL_ BY
Sue Viseth Barbara Haney
Employee Services Director President
BY A
Teri Smith Sara Wo d
Labor Relations Manager Vice Presl nt
Approved as to form:
BY
To Brubaker
City Attorney
Attest
y Clerk
P\LCC(Labor, Class&Comp)\Labor\UNION\AFSCME\Contracts12 01 2-2 01 31Final AF 2012-2013 Contract doc Page 63
APPENDIX A — Salary Ranges
EMPLOYEE CLASSIFICATION PAY RANGE
Accounting Services Asst I AF 14
Accounting Services Asst II AF 18
Accounting Services Asst III AF 22
Accounting Technician AF 25
Accounting/Administrative Coordinator AF 30
Accreditation Coordinator AF 34
Administrative Assistant I AF 23
Administrative Assistant II AF 27
Administrative Secretary I AF 20
Administrative Secretary II AF 23
Administrative Services Supervisor AF 32
Assistant Building Official AF 39
Code Enforcement Officer AF 34
Combination Building Inspector AF 34
Contract Specialist AF 27
Corrections Officer AF 26
Corrections Sergeant AF 32
Crime Analyst AF 31
Custodial Lead * AF 20
Custodian * AF 13
Customer Services Representative AF 22
Department Systems Support Spec AF 25
Deputy City Clerk AF 25
Development Permit Technician AF 27
Development Permit Technician Lead AF 29
Ergonomics & Facilities Services Specialist AF 27
Evidence Custodian AF 23
Evidence Technician AF 28
Evidence Technician Supervisor AF 32
Facilities Services Supervisor AF 30
Financial Analyst AF 30
Financial Services Supervisor AF 32
Legal Secretary I AF 22
Multimedia Lead AF 29
P 1LCC(Labor,Class&Comp)1Labor\UNION%AFSCME\Contracts12 0 1 2-2 01 31Final AF 2012-2013 Contract doc Page 64
Multimedia Specialist I AF 20
Multimedia Specialist II AF 27
EMPLOYEE CLASSIFICATION PAY RANGE
Office Technician I AF 12
Office Technician II AF 16
Office Technician III AF 20
Parking Enforcement Assistant AF 17
Payroll Business Analyst AF 36
Plans Examiner AF 37
Police Records Specialist AF 22
Police Specialist Supervisor AF 29
Print Shop Lead AF 22
Printing Technician AF 20
Production Assistant AF 12
Property Management Technician AF 27
Prosecution Paralegal AF 28
Public Education Specialist AF 29
Records Administrator AF 32
Research & Development Analyst AF 34
P Y
Senior Accountant AF 38
Senior Financial Analyst AF 34
Video Production Coordinator AF 34
* For incumbents hired in the classifications of Custodian and Custodial Lead on or
prior to September 15, 1998, the City shall grandfather their salaries at the salary
range of AF15 and AF27. They will continue to be eligible for COLA's and step
increases. Employees hired or promoted into these classifications after September
15, 1998 shall be paid at the salary range above.
P\LCC(Labor,Class&Comp)\Labor\UNION\AFSCME\Contracts\2012-2013\Ftnal AF 2012-2013 Contract doc Page 65
APPENDIX B - POLICE DEPARTMENT INTERNAL INVESTIGATIVE
STANDARDS
The City retains the right to adopt rules for the operation of the Kent Police
Department and the conduct of its employees provided that such rules do not
conflict with City Ordinances, City and State Civil Service rules and regulations as
they exist or any provision of this Agreement. It is agreed that the City has the
right to discipline, suspend, or discharge any employees for just cause.
Section 1 - Employee Rights
In an effort to ensure that internal investigations, as designated by the Chief of
Police of the Kent Police Department, are conducted in a manner which is conducive
to good order and discipline, employees of the Police Department shall be entitled
to the following protection:
A. Any employee who is the subject of an investigation shall be informed, in
writing, at least twenty four (24) hours before any interview of the following:
1. That the employee is considered a subject of the internal investigation;
2. The nature of the allegation, including a summary of the allegation, as
well as the date and location that the alleged conduct occurred;
3. Whether the employee is suspected of committing a criminal offense
and/or misconduct that would be grounds for termination, suspension, or
other disciplinary action (greater than written reprimand);
4. The name of the complainant or the victim; provided, that in the event
disclosure of the identity of the complainant or the victim would
jeopardize the safety of the complainant or victim, the identity of the
complainant or victim may be withheld;
5. The employee's right to have a Union representative present during the
interview as well as an opportunity and facilities to contact and consult
with his or her Union representative;
6. The name of the officer(s) or City employees in charge of the
investigation and the name of the officer or employee who will conduct
the interview. If the person conducting the investigation or interview is
not a City employee, then the name of the person who will conduct the
interview and his or her place of employment will be provided.
B. Employees placed on paid administrative leave pending an investigation may
be placed on Day shift to be available for interviews during normal City
business hours.
C. The interview of any employee shall be at a reasonable hour, preferably
when the employee is on duty, unless the exigency of the interview dictates
P 1LCC(Labor,Class&Comp)1LaborIUNIONIAFSCME1Contracts12012-20131Final AF 2012-2013 Contract doc Page 66
otherwise. Whenever practical, interviews shall be scheduled during the
normal workday of the City. Interviews shall be completed under
circumstances devoid of improper Intimidation or coercion. The employee
shall be entitled to such reasonable intermissions as the employee shall
request for personal necessities, meals, telephone calls, consultation with
his/her representative, and rest periods.
D. At the cost of the requesting party and in accordance with Chapter 9.73
RCW, the employee or City may request that an investigative interview be
recorded, either mechanically or by a stenographer. There can be no "off-
the-record" questions. Upon request, the employee under investigation shall
be provided an exact copy of any written statement the employee has
signed, or at the employee's expense a verbatim transcript of the interview.
E. No employee shall be required to submit to a polygraph examination. The
employee will not be dismissed or have any other penalty imposed upon him
or her for not taking this examination. This provision shall not apply to the
initial application process for employment.
F. Employees retain all of their constitutional rights. During an investigation in
which an employee has been advised of his or her Garrity rights, the
employee will be compelled to answer questions directly related to and
narrowly focused on the investigation. However, any information gained
from the employee cannot be used against that employee in any criminal
investigation.
G. Should any section, subsection, paragraph, sentence, clause or phrase in this
article be declared unconstitutional or invalid, for any reason, such decision
shall not affect the validity of the remaining portions of this article.
The Union recognizes the Administration's effort to improve procedures involving
complaints against its members. Upon request of either the Union or Police
Administration, an annual review meeting of the procedures will be held to ensure
they are accomplishing their goals.
Section 2 - Psychological Evaluations
The purpose of this Section is to balance the interest of the Employer in obtaining a
psychological evaluation of an employee to determine the employee's fitness for
duty and the interest of the employee in having those examinations being
conducted.
1. In the least intrusive manner as possible, and
2. In a manner as to protect the employee's right to privacy.
P 1LCC(Labor,Class&Comp)1LaborIUNIONWFSCME1Contracts1201 2-201 31Final AF 2012-2013 Contract doc Page 67
A. Conditions Under Which Evaluations WIII Take Place
1. No evaluation will take place without there being a reasonable
suspicion to believe that an employee is psychologically unfit to
perform the job. If the Employer has facts which provide reasonable
suspicion that an employee may be psychologically unfit for duty, the
Employer will bring those facts to the attention of a doctor chosen by it
from a list of doctors previously agreed to by the Employer and the
Union. (In the event the City and the Union do not reach agreement
on an appropriate list, the City may select a doctor of its choosing.)
2. Any relevant medical history of the employee which the examining
doctor requests shall be released by the employee to the examining
doctor.
B. Results of the Evaluation
The doctor will issue a written report to the Employer and the employee. The
only information which the doctor may disclose shall be whether the
employee is fit or unfit for duty or requires modified work conditions, and the
prognosis for recovery. Additionally, where the cause of the unfitness is
duty-related, the doctor shall disclose that cause. If the doctor believes the
employee is fit for duty but needs modified work conditions, the doctor will
indicate what modifications are necessary and the extent or duration
projected of the modification. The doctor will keep all data that has been
made available to him or her confidential and not release it to any of the
parties except the employee. Modified work conditions may include light
duty assignments.
C. Definition
As used in this section, "doctor" refers to a psychologist or psychiatrist.
P\LCC(Labor,Class&Comp)\Labor\UNION\AFSCME\Contracts\2012-2013\Final AF 2012-2013 Contract doc Page 68
APPENDIX C - Health Care Plan & Premiums
Effective January 1, 2012 thru December 3, 2013
Premera Blue Cross - 100% PPO Plan
Employee Cit Total
Y
Coverage Premium Premium Premium
Employee Only $ 41.00 $ 649.00 $ 690.00
Employee & Spouse $ 142 00 $ 1,266 00 $ 1,408 00
Employee & Child(ren) $ 131.00 $ 1,199.00 $ 1,330.00
Employee & Family $ 229 00 $ 1,80400 $ 2,033 00
Employee Share. 6% Employee, 14% Dependants
Premera Blue Cross - 80/20 Plan
Employee City Total
Coverage Premium Premium Premium
Employee Only $ - $ 618 00 $ 618 00
Employee &Spouse $ 13.00 $ 1,249 00 $ 1,262 00
Employee &Child(ren) $ 11.00 $ 1,181 00 $ 1,192 00
Employee & Family $ 24 00 $ 1,798.00 $ 1,822 00
Employee Share: 2% Dependents Only
Health Savings Account (HSA) - Premera Blue Cross
City Dental/
City HDHP Vision Total Employee City
HSA
Coverage Premium Premium Premium Contribution Contribution
Employee Only $ 464 00 $ 93 00 $ 55700 $ 108 32 $ 58 34
Employee & Family $ 1,367 00 $ 27600 $ 1,643 00 $ 216 66 $ 116 66
Employee Contribution Rates
Recommended
Minimum 1st Year 2nd Year Maximum
$ 5000 $ 108 32 $ 166 66 $ 258 32
$ 100.00 $ 216 66 $ 333 32 $ 520.82
P 1LCC(Labor,Class&Comp)1Labor\UNION\AFSCME1Contracts12012-20131Final AF 2012-2013 Contract doc Page 69
Group Health (With
Dental/Vision)
City City
Employee Group Health Dental/Vision Total
Coverage Premium Premium Premium Premium
Employee Only $ 37 00 $ 492 52 $ 93 00 $ 622 52
Employee & Spouse $ 142.00 $ 1,042 54 $ 191 00 $ 1,375 54
Employee & Child(ren) $ 125 00 $ 942.72 $ 181 00 $ 1,248.72
Employee & Family $ 226.00 $ 1,46986 $ 276.00 $ 1,971 86
Employee Share: 6% Employee Only, 14% Dependents
Group Health Premiums Only
Employee Only $ 529 52
Employee & Spouse $ 1,18454
Employee &Child(ren) $ 1,067 72
Employee & Family $ 1,695 86
P 1LCC(Labor,Class&Comp)1Labor\UNIONWFSCME1Contracts12012-20131Final AF 2012-2013 Contract doc Page 70
APPENDIX D - Police Records Shift Bid
Year Month Month Month
January - May - September -
2012 Aril Au ust December
January - May - September -
2013 Aril* Au ust December
January - May - September -
2014 Aril Au ust* December
January - May - September -
2015 Aril Au ust December*
*highlighted months are the "Junior Bid" that occur every
four bids
{
P\LCC(Labor,Class&Comp)\Labor\UNION\AFSCME\Contracts\2012-2013\Final AF 2012-2013 Contract doc Page 71
a
\ REQUEST FOR MAYOR'S SIGNATURE
y KtNT Please Fill in All Applicable Boxes
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator. Teri Smith Phone (Originator) 5298
Date Sent. 1/26/12 Date Required: 1/26/12
Return Signed Document to: CONTRACT TERMINATION DATE: 12/31/2013
VENDOR NAME: AFSCME DATE OF COUNCIL APPROVAL: 1/17/12
Brief Explanation of Document:
AFSCME Labor Contract for 2012 and 2013
All Contracts Must Be Routed Through The Law Department
Ski rent �pleted by the Law Department)
U,
Received:
Approval of Law Dept.: JAN 2 6 2C12 1
Law Dept. Comments: KENT LAW DEPT
Date Forwarded to Mayor: 1 j '
Shaded Allrlle�as To Be Completed By Administration Staff
Received. iU ,
Recommendations and Comments: t,'AfF,' 3 0 2012
Disposition:
�//�5��✓G t��� �6 /'�� �r nE�dT
Date Returned: