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HomeMy WebLinkAboutES12-075 - Original - Teamsters Local Union #117 - 2012-2013 Collective Bargaining Agreement - 01/01/2012 o, 40 Records Map*ern le- n ZeKE41 -:WAS„,„Gr 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: Teamsters Local #117 Vendor Number: N/A ID Edwards Number Contract Number: ES('9,- This is assigned by City Clerk's Office Project Name: Teamsters 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.): G 14& 111711 a. S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 CITY OF KENT and TEAMSTERS LOCAL UNION #117, AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS JANUARY 1, 2012 - DECEMBER 31, 2013 s P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc TABLE OF CONTENTS PREAMBLE...................................................................................................1 ARTICLE 1 - RECOGNITION AND BARGAINING UNIT...................................1 SECTION 1.1 UNION RECOGNITION..................................................................... 1 SECTION 1.2 EXCLUDED EMPLOYEES ................................................................... 1 SECTION 1.3 DISPUTE RESOLUTION.................................................................... 2 ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION..........................2 SECTION 2.1 MANDATORY OPTIONS - UNION MEMBERSHIP ........................................ 2 SECTION 2.2 DUES DEDUCTION......................................................................... 2 SECTION 2.3 LIST OF EMPLOYEES FURNISHED BY UNION ........................................... 3 SECTION 2.4 UNION REFUND TO EMPLOYER........................................................... 3 ARTICLE 3 - SENIORITY..............................................................................3 SECTION 3.1 SENIORITY DEFINITION .................................................................. 3 SECTION 3.2 PROBATIONARY PERIOD .................................................................. 4 SECTION 3.3 SENIORITY CANCELLATION............................................................... 4 SECTION 3.4 LAYOFF/PERSONNEL REDUCTION ....................................................... 5 SECTION 3.5 TRANSFER OF SENIORITY ................................................................ 6 SECTION 3.6 RECALL ...................................................................................... 6 SECTION 3.7 TRANSFER TO DIFFERENT POSITION.................................................... 7 SECTION 3.8 JOB OPENINGS............................................................................. 7 ARTICLE 4 - LABOR MANAGEMENT COMMITTEE..........................................7 ARTICLE 5 - HOURS OF WORK.....................................................................8 SECTION 5.1 WORK SCHEDULES........................................................................8 SECTION 5.2 SHIFT START AND END TIMES........................................................... 9 SECTION 5.3 OVERTIME .................................................................................. 9 SECTION 5.4 COMPENSATORY TIME .................................................................... 9 SECTION 5.5 SCHEDULE CHANGES - NOTICE ....................................................... 10 SECTION 5.6 MEALS AND REST PERIODS ............................................................ 10 SECTION 5.7 CALL BACK ............................................................................... 11 SECTION 5.8 PHONE CALLS/WORK AT HOME ....................................................... 11 SECTION 5.9 MANDATORY STANDBY DUTY .......................................................... 11 SECTION 5.10 SHIFT DIFFERENTIAL.................................................................. 11 SECTION 5.11 SCHEDULED OVERTIME AND EMERGENCY SHIFTS ................................ 12 SECTION 5.12 REPORTING PAY FOR REGULAR SCHEDULED SHIFTS .............................. 12 ARTICLE 6 - UNION ACTIVITIES ...............................................................12 SECTION 6.1 BUSINESS REPRESENTATIVES OF THE UNION ....................................... 12 SECTION 6.2 EMPLOYEE UPHOLDING UNION PRINCIPLES/PERFORMING DUTIES .............. 13 ARTICLE 7 - DISCIPLINARY ACTION ......................................................... 13 SECTION 7.1 DISCIPLINARY ACTION BY THE EMPLOYER........................................... 13 SECTION 7.2 MEETINGS RELATIVE TO DISCIPLINE ................................................. 14 P 1LCC(Labor,Class&Comp)1LaborIUNIONITEAMSTER1Contracts\TM 2012-2013 Contract-Final doc Page i SECTION 7.3 DISCIPLINARY/PERSONNEL RECORDS................................................ 14 ARTICLE 8 - GRIEVANCE PROCEDURE .......................................................15 SECTION 8.1 GRIEVANCE OR DISPUTE OVER PROVISIONS OF AGREEMENT .................... 15 ARTICLE 9 - WORK STOPPAGES AND EMPLOYER PROTECTION.................17 SECTION 9.1 WORK STOPPAGES - DEFINED ............'............................................ 17 SECTION 9.2 BACK TO WORK ORDER ................................................................ 17 SECTION 9.3 DISCIPLINARY MEASURES BY EMPLOYER............................................. 17 ARTICLE 10 - BULLETIN BOARDS ..............................................................17 ARTICLE it - SAFETY AND SANITATION ...................................................18 SECTION 11.1 COMPLIANCE WITH SAFETY CODES ................................................. 18 SECTION 11.2 UNSAFE WORK CONDITIONS ........................................................ 18 SECTION 11.3 CHEMICAL APPLICATORS PREMIUM ................................................. 18 SECTION 11.4 SAFETY COMPLIANCE.................................................................. 18 SECTION 11.5 IMMUNIZATIONS ....................................................................... 19 ARTICLE 12 - MANAGEMENT RIGHTS.........................................................19 ARTICLE 13 - PAY PERIOD ........................................................................19 ARTICLE 14 - WAGES, CLASSIFICATIONS AND MINIMUM RATES OF PAY..20 SECTION 14.1 SALARY PLAN - ADOPTION ........................................................... 20 SECTION 14.2 MINIMUM RATES OF PAY ............................ 20 ................................. SECTION 14.3 LONGEVITY SECTION 14.4 RECLASSIFICATION.................................................................... 21 SECTION 14.5 ACTING/OUT OF CLASSIFICATION PAY............................................. 21 ARTICLE 15 - HOLIDAYS ...........................................................................22 SECTION 15.1 OBSERVED DATES..................................................................... 22 SECTION 15.2 OVERTIME WORKED ON HOLIDAYS ................................................. 23 ARTICLE 16 - HEALTH CARE AND LIFE INSURANCE...................................23 SECTION 16.1 MEDICAL/DENTAL COVERAGE ....................................................... 23 SECTION 16.2 EMPLOYEE CONTRIBUTION - HEALTH CARE INSURANCE COVERAGE ........... 23 SECTION 16.3 LIFE INSURANCE COVERAGE ......................................................... 24 SECTION 16.4 LONG-TERM DISABILITY INSURANCE (LTD) ...................................... 24 SECTION 16.5 RETIREE HEALTH CARE SAVINGS ACCOUNT (VEBA) ............................ 24 SECTION 16.6 HEALTH CARE COMMITTEE ........................................................... 25 ARTICLE 17 - PENSION .............................................................................25 ARTICLE 18 - WORKERS COMPENSATION PROGRAM.................................25 ARTICLE 19 - VOLUNTEER PROGRAMS ......................................................26 ARTICLE 20 - EQUAL EMPLOYMENT OPPORTUNITY - NONDISCRIMINATION .................................................................................................................27 I ARTICLE 21 - SICK LEAVE .........................................................................27 SECTION 21.1 ACCRUAL RATE......................................................................... 27 P 1LCC(Labor,Class&Comp)1LaboAUNIONITEAMSTER1ContractslTM 2012-2013 Contract-Final doc Page b SECTION 21.2 SICK LEAVE INCENTIVE PROGRAM .................................................. 27 SECTION 21.3 PHYSICIANS STATEMENT............................................................. 28 SECTION 21.4 SICK LEAVE USES ..................................................................... 28 SECTION 21.5 PROMPT NOTIFICATION............................................................... 28 SECTION 21.6 SICK LEAVE ABUSE.................................................................... 29 SECTION 21.7 CONDITIONS NOT COVERED ......................................................... 29 SECTION 21.8 LIGHT DUTY ............................................................................ 29 ARTICLE 22 - JURY DUTY ..........................................................................31 ARTICLE 23 - BEREAVEMENT LEAVE..........................................................31 SECTION 23.1 BEREAVEMENT LEAVE .................................................................. 31 SECTION 23.2 IMMEDIATE FAMILY.................................................................... 31 SECTION 23.3 USE OF LEAVE.......................................................................... 31 SECTION 23.4 REQUEST AND APPROVAL............................................................. 32 ARTICLE 24 - VACATIONS .........................................................................32 SECTION 24.1 ACCRUAL RATE......................................................................... 32 SECTION 24.2 SCHEDULING ........................................................................... 33 SECTION 24.3 MAXIMUM ACCUMULATION ........................................................... 33 ARTICLE 25 - EMERGENCY CONDITIONS...................................................33 ARTICLE 26 - MILITARY LEAVE .................................................................34 ARTICLE 27 - SEVERANCE PAY ..................................................................34 ARTICLE 28 - STANDARD DRESS, TOOLS AND LICENSES...........................34 SECTION 28.1 UNIFORM ALLOWANCE ................................................................ 34 SECTION 28.2 TOOLS AND EQUIPMENT ALLOWANCE............................................... 35 SECTION 28.3 LICENSE/CERTIFICATION REQUIREMENTS ......................................... 36 ARTICLE 29 - SUBSTANCE ABUSE TESTING ...............................................37 ARTICLE 30 - SAVINGS CLAUSE ................................................................37 ARTICLE 31 - ENTIRE AGREEMENT............................................................37 ARTICLE 32 - SUBORDINATION OF AGREEMENT .......................................37 ARTICLE 33 - TERM OF AGREEMENT..........................................................38 APPENDIX "A" - WAGES............................................................................39 APPENDIX "B" - BARGAINING UNIT CLASSIFICATION SCHEDULE ............40 APPENDIX "C" - TEN-MONTH MAINTENANCE EMPLOYEE...........................42 APPENDIX "D" - BIDDING AND MANDATING OF OVERTIME .....................43 APPENDIX "E" - PERSONAL LEAVE DAYS FOR TEMPORARY EIGHT-MONTH EMPLOYEES...............................................................................................45 APPENDIX "F" - COMMUTE TRIP REDUCTION............................................46 P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER\ContractsiTM 2012-2013 Contract-Final doc Page m PREAMBLE This Agreement is between the City of Kent (hereinafter called the City) and the Teamsters Local Union #117, affiliated with the International Brotherhood of Teamsters, (hereinafter called the Union), collectively herein referred to as the Parties for the purpose of setting forth a mutual understanding of the parties as to conditions of employment for those employees for whom the City recognizes the Union as the exclusive collective bargaining representative. Furthermore, the City and the Union agree that the efficient and uninterrupted performance of municipal functions, the establishment of fair and reasonable compensation, benefits, working conditions and job security for employees of the City is a primary purpose of this Agreement. This Agreement has been reached through the process of collective bargaining with the objective of fostering effective cooperation between the City and its unionized employees. Therefore, this Agreement and the procedures which it establishes for the resolution of differences are intended to contribute to the continuation of good employee relations, to provide an environment where the City's municipal values are practiced, and to be in all respects in the public's interest. ARTICLE 1 - RECOGNITION AND BARGAINING UNIT Section 1.1 Union Recognition The City hereby recognizes the Union as the exclusive bargaining representative for i all work performed by regular full-time, regular part-time, and ten-month employees (as described in Appendix C), who work for the City of Kent in the following department/divisions: public works operations, parks maintenance, golf maintenance, facility maintenance, and housing and human services, and finance customer service, and whose positions are allocated to classifications listed on Appendix "B". In addition, the City recognizes the Union as the exclusive bargaining representative for all temporary employees hired to perform Union work who are scheduled to work one-sixth (1/6) of full-time, or three hundred forty seven (347) hours, in a calendar year. Temporary employees hired into the 4-month or 8- month categories shall be recognized as bargaining unit members. Such temporary employees shall be provided the opportunity to apply for bargaining unit job opportunities. Temporary employees shall not be afforded access to the grievance procedure until such time as they have served the equivalent of six months of full- time service. Section 1.2 Excluded Employees The following employees shall be excluded from the bargaining unit: P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 1 A. Employees hired to work less than one sixth (1/6th) of full-time, or less than three hundred forty seven (347) hours, in a calendar year shall be excluded from the bargaining unit. B. Employees who are employed by the City under Federal, State, County or other employment programs which provides funding for such employees. Section 1.3 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 (PERC) for determination. ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION Section 2.1 Mandatory Options - Union Membership All employees of the City covered by this Agreement who are members of the Union on or after the effective date of this Agreement shall remain in good standing of the Union. Failure to comply with this condition shall, upon the written request of the Union, result in the immediate discharge of the employee. New employees who are employed after the time this Agreement becomes effective shall, not later than thirty (30) calendar days after the commencement of such employment, become and remain members in good standing in the Union. The Employee and the Union agree that the right of non-association of employees based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member shall be protected at all times and such public employees shall pay such sum as is provided in RCW 41.56, "Chapter 59, Laws of 1973". The City agrees to submit to the Union, an employee register of the bargaining unit employees. The register shall be submitted to the Union within 3 working days of the 15th of each month. Neither party shall discriminate against any employee or applicant for employment on account of membership in or non-membership in any labor union or other employee organization. Section 2.2 Dues Deduction The City agrees to deduct from the paycheck of each employee who has so authorized it, the monthly dues uniformly required of members of the Union, initiation fees and assessments. The amount shall be deducted semi-monthly and shall be transmitted monthly to the Union on behalf of the employees involved. If P 1LCC(Labor,Class&Comp)1Labor\UNIONITEAMSTER1Contracts\TM 2012-2013 Contract-Final doc Page 2 dues are not deducted in one (1) month for any reason, they shall be deducted after acceptable payment arrangements have been made with the Union. Authorization by the employee shall be on a form approved by the parties hereto and may be revoked by the employee upon request. No portion of the fund collected by the union under this provision shall be used for support of political purposes in Kent. The Union agrees to indemnify and hold the City harmless against any and all claims, suits, orders and other judgments brought or issued against the City as a result of any action taken by the City under the provisions of this Article, unless a dispute arises as a result of an error committed by the City. It shall be a condition of employment that all represented temporary employees as defined in Section 1.1, shall pay to the Union a service fee in the amount of 1.3% of regular gross pay (not-overtime) for all hours of employment. This service fee shall be paid in lieu of the membership provisions required of regular employees in the bargaining unit. Section 2.3 List of Employees Furnished by Union The Union will furnish to the City before the first day of each month a list of the employees for whom dues shall be withheld. Section 2.4 Union Refund to Employer The Union agrees to refund to the City any amounts paid to it in error on account of the check-off provisions upon presentation of proper evidence thereof. ARTICLE 3 - SENIORITY Section 3.1 Seniority Definition A. Seniority shall, for the purposes of longevity pay and leave accruals, be defined as an employee's length of continuous service as a regular employee with the City, less any adjustments due to layoffs or for approved leaves of absence without pay. B. Seniority shall, for the purposes of layoff and recall, be defined as an employee's length of continuous service as a regular employee within the bargaining unit, less any adjustments due to layoffs or for approved leaves of absence without pay. C. Seniority shall, for all other purposes of this Agreement, be defined as an employee's length of continuous service as a regular employee within their respective division (reports to the same Superintendent), less any adjustments for approved leaves of absence without pay. P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 3 Section 3.2 Probationary Period A. New Hires. All regular employees shall serve a new hire probation period of twelve (12) months. Probationary employees shall not be subject to the just cause, grievance and arbitration provisions of this agreement, however they are subject to all other terms, conditions and benefits of this agreement. New hires shall not accrue seniority until completion of their new hire probation period, at which time, their seniority will be retroactive to the date of employment as regular employees. New hires will be eligible for a step increase upon completion of twelve (12) months of probation provided they receive a satisfactory performance evaluation during the twelve (12) month probationary evaluation period. B. Transferred or Promoted Employees. All regular employees who transfer to another division (reports to a different Superintendent) or who are promoted to a higher classification shall be considered special trial employees and must successfully complete a six (6) month special trial period before being permanently appointed to the new position/classification. For the purpose of this agreement, special trial employees who are employed as regular non- new hire trial employees (employees who have passed their new hire probation period) shall be considered as and entitled to all benefits of non- trial employees of the bargaining unit. If either the special trial employee or the City determines that the employee either does not want to continue in the new position or has failed to demonstrate that he or she can completely and satisfactorily perform the job within the special trial period, the deciding party shall provide written notification to the other party of such decision. The employee shall then revert back to his/her former position by providing written notice to the former position's Superintendent. C. Termination. Probation employees may be terminated without just cause and without recourse to the grievance procedure. Section 3.3 Seniority Cancellation An employee's seniority shall be canceled under any of the following circumstances: A. The employee resigns; B. The employee is discharged; C. The employee retires; D. The employee is laid off for a continuous period of twelve (12) months or more; E. The employee fails to return to work subsequent to and in accordance with the terms of an approved leave; or F. The employee fails to return to work from layoff on the date specified P\LCC(Labor,Class&Comp)1Labor\UNION\TEAMSTER1Contracts\TM 2012-2013 Contract-Final doc Page 4 by the City in a recall notice delivered to the employee or mailed to the employee's last known address on file with the City, providing such notice grants the employee five (5) working days advance notice to report. Section 3.4 Layoff/Personnel Reduction A. The City shall determine when layoffs or personnel reductions are necessary and the classifications in each division to be laid off or reduced. B. Employees in a division affected by layoffs shall be laid off in the reverse order of seniority as defined in Section 3.1 Seniority Definition, paragraph B and Section 3.2 Probationary period, paragraph A. In the event of a reduction in the number of positions in a higher classification within the same division, affected employees in that division shall be reduced in the reverse order of the employee's length of continuous service as a regular employee in that classification. Time spent in higher ' bargaining unit classifications(s) shall be included in the employee's lower classification's seniority. An employee may transfer his/her classification seniority within their division, resulting in the least senior employee within that classification being bumped. Then the least senior employee in that classification will bump tO the next lower classification within the employee's division in which the employee has the necessary seniority and qualifications for the job. The employee may elect to accept a layoff in lieu of bumping. C. Where an employee has no option to bump to another regular position within the division, he/she may bump into the least senior temporary 8-month Teamster position within the same division. If there are no temporary 8- month Teamster positions within the same division, then the employee may bump into the least senior temporary 8-month Teamster position within the department. Accepting an 8-month position or any temporary position within the city shall not disqualify an employee for recall. Employees that are laid off from a regular benefitted position shall receive severance and shall be eligible for recall even if they accept an 8-month position. D. Eight-month temporary employees that are laid off shall not be eligible for severance or recall. E. Layoff and bumping shall not result in a promotion for any employee. F. The City reserves the right to retain qualified employees in vital positions if the position's unique skills or certification requirements are needed to meet the City's legal responsibilities or to serve the public's interest. Such vitally positioned employees shall be exempt from the seniority layoff or personnel reduction. Management shall determine which positions are considered vital P\LCC(Labor,Class&Comp)\Labor\UNIONITEAMSTER\Contracts\TM 2012-2013 Contract-Final doe Page 5 i to city operations. The City shall provide the Union with a listing of positions that have been identified as vital to include the justification for the decision. This listing shall be provided to the Union prior to Implementing layoffs. When more than one (1) employee has the same seniority, as defined in Section 3.1 Seniority Definition, for layoff/personnel reduction, each employee's cumulative service with the City of Kent (including service outside of the bargaining unit and as a temporary), shall be considered in determining the order of layoff/reduction. G. When issues/complications arise relating to layoff/reduction procedures, the parties agree to meet in Labor/Management to discuss the details. Section 3.5 Transfer of Seniority An employee with established seniority who is laid off may transfer his/her seniority to another department/division within the bargaining unit in which he/she successfully completed probation and worked for twelve (12) months or more. To accomplish this, the employee must demonstrate that he/she possesses the appropriate certifications and licenses and can perform the work without additional training. It shall be the responsibility of the employee to maintain such licenses and certifications. Requests for transfer must be made to the Employee Services Department in writing within three (3) calendar days of the layoff notice. The City will pay the cost of maintaining the required licenses and certifications for the last regular position held in the bargaining unit by the employee. Such costs shall include the actual cost of renewing the license or certification and the cost of registration for required training to maintain the license or certification. All other expenses shall be the responsibility of the employee. In addition, the employee must use their own time to attend any required training in order to maintain such licenses and certifications. Maintenance of such licenses and certifications by the employee shall be voluntary. However, if the employee allows their license or certification to lapse the City shall have no further obligation under this section. Section 3.6 Recall The City shall recall laid off employees for bargaining unit vacancies of equivalent or lower level classification within the division from which the employees were laid off or reduced. The vacancy shall be filled by the most senior employee, as defined in Section 3.1 Seniority Definition, so long as the employee meets the qualifications of the vacant position. The recalled employee shall be notified in writing, via U.S. certified mail or electronic mail, to the employee's last known address or email on file with the City, and shall be provided at least five (5) working days advance notice to report back to work. Upon the employee's return to work, the employee must meet the qualifications for the job within the same timeframe that a new hire would be required to meet for the vacant position. If the laid off employee(s) have P 1LCC(Labor,Class&Comp)1Labor\UNIONITEAMSTERIContracts\TM 2012-2013 Contract-Final doc Page 6 not maintained or falls to obtain the qualifications for the position as required of a new hire, the City reserves Its right to fill the vacant position in accordance with the provisions of Section 3.8 Job Openings. Refusal to accept or acceptance of a regular position offered by the City within the five (5) working days' notice during the eighteen (18)month period following layoff shall terminate the employee's recall rights. Employees bumping into temporary Teamster positions shall also have recall rights for eighteen (18) months from the date of layoff. Section 3.7 Transfer to Different Position The City may not transfer an employee to a different position at any time either temporarily or permanently, without mutual agreement. In addition, the City may offer lateral transfers to eligible employees within a division (reporting to a specific Superintendent). Where knowledge, skills, abilities, work experience, and performance are equal, as determined by the City, the position will be awarded on the basis of seniority. Section 3.8 Job Openings If a Job opening occurs within the bargaining unit, the City shall first post the position internally for all regular City employees, including Teamsters 8-month and active 4-month employees prior to posting the job to outside applicants. Teamsters 8-month employees may apply for internal positions while on their four (4) month furlough; Teamsters 4-month employees must be active to apply for internal positions. All openings shall be posted at least five (5) work days via city email, prior to filling any such openings. The City agrees to provide working computers that are easily accessible by the members. Upon closing a job posting, the City may establish an eligibility list for each Job opening within a division. Such eligibility lists shall be established by classification within a division, i.e., Maintenance Work 3, Golf Course. The City may hire from an eligibility list for period not to exceed twelve 12 months. 9 Y P ( ) Where qualifications, skills, abilities and work history of the finalists are equal, as determined by the City, preference shall be given to the bargaining unit employee. ARTICLE 4 — LABOR MANAGEMENT COMMITTEE The City and the Union agree continuing cooperation between labor and management is important, and further, from time to time suggestions and complaints of a general nature affecting the Union and the City need consideration. To accomplish this end, the City and the Union agree that duly authorized P\LCC(Labor,Class&Comp)\Labor\UNIONITEAMSTER\ContractslTM 2012-2013 Contract-Final doc Page 7 representatives of the Union shall function as one-half of a Labor-Management Committee, the other half being certain representatives of the City named for that purpose. Said Committee shall meet periodically for the purpose of discussing and facilitating the resolution of all problems which may arise between the parties other than those for which another procedure is provided by law or by other provisions of this Agreement. The Parties agree that the labor-management committee can-not alter the terms and conditions of this agreement. ARTICLE 5 - HOURS OF WORK Section 5.1 Work Schedules The City recognizes the following work schedules for employees within the bargaining unit; exclusive of their meal periods. 9/80's: A 9/80's schedule spans a two week period and the schedule is determined by the day of the week chosen as the flex day, i.e., Monday or Friday. The following is an example of a 9/80's schedule with every other Friday off: The First week consists of four consecutive nine (9) hour work days, followed by one eight (8) hour work day followed by two consecutive days off. The second week consists of four (4) consecutive nine (9) hour days followed by three (3) consecutive days off. 5/8's: Five (5) consecutive eight (8) hour days followed by two (2) consecutive days off 4/10's: Four (4) consecutive ten (10) hour days followed by three (3) consecutive days off 4/9's + 4: Four (4) consecutive nine (9) hour days followed by one four (4) hour day, followed by two (2) consecutive days off; or one four (4) hour day followed by four (4) consecutive nine (9) hour days followed by two (2) consecutive days off The parties recognize that the majority of employees in Public Works Operations work the 9/80's work schedule; Parks Operations uses a variety of the above schedules; and a majority of employees at the Golf Course utilize the 4/9's+4 schedule. The parties agree that these schedules will continue for the duration of this Agreement, except that, the City reserves the right, with fourteen (14) calendar days written notice, to revert to one of the work schedules listed above if issues of safety or operational need arise. The parties further recognize that operational need may require the creation of new work schedules. New work schedules shall be discussed in joint Labor/Management Committee and shall require mutual agreement and proper notice before implementation of any new schedules. P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 8 Section 5.2 Shift Start and End Times The City will establish regular start and end times for shifts based on the work schedules outlined in Section 5.1. Each work schedule may have a variety of start and end times based on operational need and may be adjusted seasonally for safety purposes. The City reserves the right, with fourteen (14) calendar days' notice, to adjust the start and/or end time of a shift. The fourteen (14) day notice period may be waived by mutual agreement of the City and the Union. Section 5.3 Overtime Overtime shall be paid at the rate of one and one-half (1 1/2) the employee's regular straight-time hourly rate of pay. In computing overtime, the nearest one-quarter (1/4) hour shall be used. All overtime work must be pre-authorized by the employee's Superintendent and/or the division designee. Employees are eligible for overtime compensation in accordance with the following: A. Regular full time employees may accrue overtime for all authorized hours worked in excess of their regular scheduled workday (minimum 1 of eight (8) hours per workday), or forty (40) hours in a workweek, whichever comes first. B. Regular part-time employees may accrue overtime for all authorized hours worked in excess of their regular scheduled workday (minimum of eight (8) hours per workday), or forty (40) hours in a workweek, whichever comes first. C. Temporary employees may accrue overtime for all authorized hours worked in excess of forty (40) hours in a workweek. However, during a week in which there is a City observed holiday, temporary employees who work in excess of their scheduled workday (minimum of eight (8) hours per workday) shall be paid at the overtime rate for the excess hour(s) worked. D. Bidding and mandating of overtime shall be in accordance with Appendix "D" of this agreement. Section 5.4 Compensatory Time Compensatory time may be requested by members of the bargaining unit in lieu of cash. Such compensatory time, if approved by the City, shall be earned at the rate of time and one-half. The amount of compensatory time allowed to be accrued by bargaining unit members shall be one hundred sixty (160) hours. Accrued compensatory time off may be used by members of the bargaining unit in not less than one (1) hour increment. Employees who wish to take one (1) full shift P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 9 3 or less of compensatory time off must receive pre-approval for such leave use from the supervisor. Employees who wish to take more than one (1) full shift of compensatory time off must provide a minimum of three (3) working days written notice of their Intent to use compensatory time and receive pre-approval from their superintendent for such leave use. This notice requirement does not prohibit the superintendent from allowing employees to use compensatory time off with less notice as staffing levels permit. The City will make every effort to accommodate requests for use of compensatory time, unless such request would unduly disrupt the employer's operation or would result in the City having to withdraw previously approved vacation leave request from a co-worker in the same work section/unit. Employees may request a cash out of their accumulated compensatory time twice a year by making a written request to their division manager no later than June 15th for payment in July and November 15th for payment in December. Section 5.5 Schedule Changes - Notice In the event the City decides to change the employee's work schedule, the City agrees to provide a fourteen (14) calendar days' notice prior to the effective date of such change, except for emergency situations which make it impractical to give such notice. Schedule changes may also be made with less than fourteen (14) calendar days' notice if such change is mutually agreeable between employee and management. The City will not adjust work schedules by making short term schedule changes, defined as changes of less than five (5) consecutive working days, solely for the purpose of avoiding payment of overtime. Section 5.6 Meals and Rest Periods Employees shall receive a fifteen (15) minute rest break during the first four (4) hour period of their workday, and a second fifteen (15) minute rest break during the second four (4) hour period in their workday. Employees may not forego taking their rest breaks without pre-approval from their Superintendent or designee. Employees shall be compensated at their prevailing wage rate for time spent while on rest breaks. Rest breaks will generally be taken near the work site where an employee is designated. Employees shall be granted an unpaid meal period of not less than one-half (1/2) hour nor more than one (1) hour during each work shift, unless otherwise established by mutual agreement between the superintendent and the employee. The City shall make a reasonable effort to assign employees their meal period at the mid-point of the shift or at the fifth (5th) consecutive hour of work and shall make a reasonable effort not to interrupt the employee's meal period. However, if the meal period is interrupted the Employee will be paid for their entire meal period. Employees may not forgo their meal period without prior approval of their superintendent or designee. Employees authorized to forgo their meal period shall be compensated for all hours worked and shall be paid time and one half for their P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER1Contracts\TM 2012-2013 Contract-Final doc Page 10 meal period. Management retains the right to determine the rest and meal periods. Section 5.7 Call Back Employees who are required to return to work as the result of a call-back shall receive a minimum of three (3) hours pay at the overtime rate for the work for which they are called back, exclusive of travel time. If an employee is called back to work after having returned home from a previous call back, an additional three (3) hours work at the overtime rate shall be paid, exclusive of travel time. This provision applies only when such call back results in hours worked which are not annexed consecutively to one end or the other of the working day. Employees called back to work on a recognized holiday shall receive three (3) hours pay for each call back, exclusive of travel time. The City reserves the right to retain the employee at the work site on a call back when notified in advance or during an emergency. Section 5.8 Phone Calls/Work at Home If an employee, who is not on standby, receives a work related telephone call outside their normal work schedule and is able to resolve the issue without having to return to work they shall be compensated based on the actual time spent resolving the issue rounded to the nearest thirty (30) minute increment, paid at the overtime rate. Except that calls received between 8pm to 6am, Monday-Friday, or 8pm to 8am on Saturday or Sunday, or a holiday, shall be rounded to the nearest hour increment. Employees on standby who receive a work related telephone call outside their normal work schedule and are able to resolve the issue without having to return to work shall be compensated based on the actual time spent resolving the issue rounded to the nearest fifteen (15) minute increment, paid at the overtime rate. Except that calls received between 8pm to 6am, Monday-Friday, or 8pm to 8am on Saturday or Sunday, or a holiday, shall be rounded to the nearest half hour increment. Section 5.9 Mandatory Standby Duty The City reserves the right to establish a mandatory standby program. Employees on standby shall be required to carry a pager device and be able to respond immediately to callback situations without restrictions or impairments. Employees assigned to mandatory standby shall receive two dollars and sixty cents ($2.60) per hour. Standby periods shall be determined by the City. Section 5.10 Shift Differential A week night shift differential pay of fifty-five cents ($0.55) per hour will be paid for P TCC(Labor,Class&Comp)1Labor\UNIONITEAMSTER1ContractslTM 2012-2013 Contract-Final doc Page 11 all hours worked by an employee when a majority of his or her regularly scheduled shift hours occur before 7:30 AM or after 4:00 PM Monday through Friday. A weekend shift differential pay of sixty cents ($0.60) per hour will be paid for all regularly scheduled hours worked on Saturday and Sunday. Shift differential will not be paid for any time off on leave or for overtime hours worked. Shift differential only applies to regular full time, regular part-time and ten-month employees. There shall be no pyramiding of shift differential pay(s) and/or overtime pay. In exchange for shift differential pay the Union agrees to work with the City in developing alternative work schedules and shifts that provide coverage seven days a week, and for a minimum of sixteen (16) hours per day. Section 5.11 Scheduled Overtime and Emergency Shifts Employees scheduled to work an overtime shift or an emergency twelve (12) hour shift (i.e. snow storm), who upon arrival to work, are then sent home shall be entitled to the minimum call back provisions as defined in Section 5.7. Section 5.12 Reporting Pay for regular scheduled shifts A regularly scheduled employee who reports for work on any of his regularly scheduled workdays or nights, and is not put to work, or is prevented from completing his shift through no fault of his own, shall be paid for his regularly scheduled shift. To receive such compensation, an employee must work if requested to. The Employer may assign employees to do other work, except during the periods of normal rest, and the nature of the other work assigned to the employee shall relate to those duties typically performed and for which the employee is qualified. ARTICLE 6 - UNION ACTIVITIES Section 6.1 Business Representatives of the Union The Business Representative of the Union shall be allowed access to all facilities of the City wherein the employees covered under this contract may be working for the purpose of conducting necessary Union business and investigating grievances, provided such representative does not interfere with the normal work processes. The Business Representative shall notify the Employee Services department and/or appropriate Department Head or his/her designee prior to visiting City facilities for the purpose of conducting necessary Union business or investigating grievances, except in emergency situations. P\LCC(Labor, Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 12 Section 6.2 Employee Upholding Union Principles/Performing Duties The City agrees that the employees covered by this contract 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. Provided, however, it shall not be a violation of this Agreement or cause for discharge or discipline for any employee to refuse to cross a legal, primary picket line sanctioned by Joint Council of Teamsters No. 28 or the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, so long as an employee's refusal to cross such a recognized picket line shall not interfere with the delivery of City services. Whenever possible, in the event of a picket line established at a place of business during a labor dispute, the City will make every effort to utilize non-union personnel to cross picket lines so as not to interfere with the delivery of City services. ARTICLE 7 - DISCIPLINARY ACTION Section 7.1 Disciplinary Action by the Employer The City shall not discipline, suspend or discharge an employee without just cause. All notices of discipline and/or suspension and/or discharge, to be considered valid, will be provided, in writing, to the affected employee(s) within twenty (20) calendar days from the date the City became aware of the occurrence of the violation claimed by the City, in cases where an investigation is required the City shall make every effort to issue the disciplinary notice within (20) calendar days of the investigative result. Employees are required to sign the corrective action as an acknowledgement of receipt. Such signature does not constitute acceptance of the corrective action. A copy of such action will be provided to the Union. Administrative Leave - The Employer reserves the right, should the situation present itself, to place an employee on administrative leave, with pay, for any circumstance when an employee is relieved of duty pending the need for an investigation of alleged misconduct that could lead to corrective action. The Employer shall use its best effort to expedite the investigation/administrative proceedings for all employees on leave. The City agrees with the principles of progressive discipline as part of the just cause standard. 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. P 1LCC(Labor,Class&Comp)1LaborIUNIONITEAMSTER1Contracts\TM 2012-2013 Contract-Final doc Page 13 Management maintains the right to take disciplinary action as they deem appropriate which will be subject to the just cause and the grievance procedure. The Parties agree that there is a benefit to coaching and counseling sessions between the employee and a supervisor. Coaching and counseling shall not be considered discipline and documentation shall not be placed in employee personnel file. Section 7.2 Meetings Relative to Discipline In the event the Employer requires an employee to attend a meeting for purposes of discussing an Incident which may lead to suspension, demotion or termination of that employee, the employee shall be advised of his/her right to be accompanied by a representative of the Union. If the employee desires Union representation in said matter, he/she shall notify the Employer at that time and shall be provided a reasonable time to arrange for Union representation. An employee who waives this right shall acknowledge such in writing. Section 7.3 Disciplinary/Personnel Records Employee Personnel files are the responsibility of the Employee Services Department. Employee Personnel files are confidential, except to the extent that disclosure is required by law or court order, 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 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. No materials shall be included in an Employee Personnel file without the knowledge of the employee and the consent of the Employee Service 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. P 1LCC(Labor,Class&Comp)1LaborIUNIONITEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 14 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: All notices of written reprimand for the purpose of advancing further discipline shall remain in effect for a period of three (3) years from the date of Issuance of the corrective action and written reprimands shall be purged from the employee's personnel file after five (5) years from the date of the reprimand, provided no other similar 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: All notices of suspension shall remain in effect for the purpose of advancing further discipline for a period of four (4) years from the date of Issuance of the suspension with the exception of proven harassment resulting in a suspension. Notice of suspension action resulting from harassment will not be purged from an employee file. All other notices of suspensions shall be purged from the employee's personnel file after (5) years from the date of the reprimand, provided no other similar discipline has subsequently occurred. Purged notice of suspensions will be kept in an archived file to be maintained as required by the State Archives and Records Management Division. Demotions: Permanent record of the employee's personnel file. ARTICLES - GRIEVANCE PROCEDURE Section 8.1 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. 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 a labor-management forum. If a resolution is not agreed to, the grievance process shall continue. Grievances shall be resolved in the following manner. Failure to follow the time frames set forth below shall constitute waiver of the grievance. P 1LCC(Labor,Class&Comp)1Labor%UNIONITEAMSTER1Contracts\TM 2012-2013 Contract-Final doc Page 15 Step 1. Any Grievance shall be reduced to writing and submitted to the Superintendent or Division Manager by the employee and/or the Union within ten (10) working days of the occurrence of the alleged Incident giving rise to such grievance. 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. Every effort shall be made to resolve all grievances at this level. If resolved, the basis for resolution shall be reduced to writing and signed by the employee. Step 2. Grievances not settled within ten (10) working days following Step 1, shall then be presented, in writing, by the Union directly to the Department Director or designee. The Department Director shall submit a decision, in writing, on the grievance within ten (10) working days from the date the grievance was first presented to him/her. Copies of the decision shall be provided to the employee or employees requesting the grievance decision and the Union. If resolved, the basis for resolution shall be reduced to writing and signed by the employee. Step 3. Grievances not resolved at step 2, may be presented in writing by the Union to the Employee Services Director, or designee within ten (10) working days of the Step 2 response. The Employee Services Director shall submit a written decision on the grievance within ten (10) working days from receipt to the employee(s) and the Union. Step 4. In the event the decision reached by the Employee Services Director is unsatisfactory to the parties presenting the grievance, the grievance may, within ten (10) working days, be submitted to arbitration. The Union and the City shall mutually select an arbiter under Federal Mediation and Conciliation Services listing Washington and Oregon Arbiters. A. The Arbiter shall render his/her decision based on interpretation and applications of the provisions of this Agreement. The decision shall be in writing and copies shall be sent to the City and the Union. B. The decision of the Arbiter shall be final and binding upon all parties to the grievance, provided the decision does not involve action by the City which is beyond its jurisdiction. C. Neither the Arbiter nor any persons involved in the grievance procedure shall have the power to negotiate new agreements or to change any of the present provisions of this Agreement. D. All expenses incurred in the arbitration process shall be borne as follows: P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 16 1. Expenses Incurred by the Union shall be borne by the Union. 2. Expenses incurred by the City shall be borne by the City. 3. Expenses or fees of the Arbiter shall be borne equally by the Union and the City. ARTICLE 9 - WORK STOPPAGES AND EMPLOYER PROTECTION Section 9.1 Work Stoppages - 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. 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. Section 9.3 Disciplinary Measures by Emolover Any employee who commits any act prohibited in this Article will be subject to the following penalties: A. Discharge; B. Other disciplinary action as may be applicable to such employee. ARTICLE 10 - BULLETIN BOARDS The City shall permit the reasonable use of bulletin boards by the Union for the posting of notices of a non-controversial nature relating to Union business. Union staff members shall be allowed to send electronic mail notices of a non- controversial nature on the City's system if the notices comply with City's policies governing electronic mail and internet use. The parties understand and agree that there is no guarantee of privacy of electronic mail messages. In no circumstances P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 17 shall use of the City's equipment interfere with normal operations or service to the public. Union Stewards may make limited use of the City's telephone, fax machines, copiers, and similar equipment for purposes of contract administration. In addition, Stewards and Union staff may use the City's electronic mall system for communications related to contract administration, provided they comply with City's policies governing electronic mail and internet use. In no circumstances shall use of the Employer's equipment interfere with operations and/or service to the public. ARTICLE 11 - SAFETY AND SANITATION Section 11.1 Compliance with Safety Codes All work shall be done in a competent and professional manner, and in accordance with the State of Washington Code and any Federal codes relating to this subject. Section 11.2 Unsafe Work Conditions It shall not be considered a violation of this Agreement whereby any employee shall refuse to work with unsafe equipment, or where adequate safeguards are not provided, or when the facilities and services are not being maintained in a reasonable sanitary condition. However, the employee shall be responsible to immediately report such alleged unsafe working conditions to his/her supervisor who shall immediately report it to the Superintendent. All employees who are assigned to work on jobs or in areas deemed by the City or other state, federal agency to possibly be dangerous (e.g., spraying) shall be required to wear lawfully designated safety devices and/or equipment designated as necessary for their protection. Such devices and equipment will be furnished by the City. Refusal or failure of any employee to perform the work assigned, to use, or to wear such devices or equipment shall be grounds for appropriate disciplinary action. Section 11.3 Chemical Applicators Premium All employees required to maintain a Public Pesticide Operator's License in the Maintenance Worker II classification shall receive an hourly premium pay of two dollars ($2.00) per hour for actual time spent spraying. The City agrees to pay all costs associated with the maintenance and training required to obtain and maintain a Public Pesticide Operator's License. Section 11.4 Safety Com liance All employees covered by this collective bargaining agreement are expected to P 1LCC(Labor,Class&Comp)1LaborIUNIONITEAMSTER1ContractslTM 2012-2013 Contract-Final doc Page 18 comply with W.I.S.H.A. (Washington Industrial Safety and Health Act) regulations and City policies and rules related thereto. Employees knowingly violating such policies, rules and regulations shall be subject to disciplinary action which may include suspension and discharge. No supervisor shall require an employee to go or be in any employment or place of employment, which is not safe according to W.I.S.H.A. standards. Section 11.5 Immunizations The City shall provide all full time, regular part-time and 8-month employees in the bargaining unit who have a potential for occupational exposure to blood borne pathogens with an opportunity to receive vaccination as required by the State law and City Policy. ARTICLE 12 - MANAGEMENT RIGHTS Subject only to the limitation expressly stated in this Agreement, the Union recognizes that the City retains the exclusive rights to manage its business including, but not limited to, the right: A. To determine the methods and means by which its operations are to be carried on; B. To direct the work force and to conduct its operations in a safe and effective manner; C. To establish reasonable qualifications for employment and to employ employees; D. To schedule and assign work; E. To establish work and reasonable productivity standards; F. To schedule, assign and mandate overtime as needed; G. To determine the methods, means, organization and number of personnel by which operations are conducted; H. To determine whether goods or services are made or purchased; I. To determine the utilization of technology; J. To evaluate, promote, transfer, assign and retain employees; K. To discipline, suspend and discharge employees for just cause; L. To carry out the mission of the City; and M. To take whatever actions may be necessary to carry out essential City functions in emergency conditions. However, the exercise of any of the above rights shall not conflict with any of the express written provisions of this Agreement. ARTICLE 13 - PAY PERIOD 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 P 1LCC(Labor, Class&Comp)1Labor\UNIONITEAMSTER\ContractslTM 2012-2013 Contract-Final doc Page 19 3 event the fifth (5th) or the twentieth (20th) 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 wages and any unused accumulated vacation pay due him/her on the next available payday. The City will make every effort to ensure that employees receive their payroll checks by 12:00 noon on the designated payday. 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 step Increases shall be as follows: For employees hired on the first (1st) 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 employee 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 purposes of step increases. ARTICLE 14 - WAGES, CLASSIFICATIONS AND MINIMUM RATES OF PAY Section 14.1 Salary Plan - Adoption It is agreed that the classifications and rates of pay shall be as set forth in the annual budget, and in accordance with the provisions of this Labor Agreement. Salaries by classification shall be in accordance with Appendix "A" of this Agreement. Section 14.2 Minimum Rates of Pav Any employee already receiving a higher rate of pay than the minimum set forth in this agreement shall suffer no reduction as a result of this Agreement, and nothing P 1LCC(Labor,Class&Comp)1Labor\UNIONITEAMSTER1ContractslTM 2012-2013 Contract-Final doc Page 20 herein shall preclude the payment of a higher rate at the discretion of the City. Section 14.3 Longevity The following longevity premium pay shall apply: A. After 5 consecutive years of service - 1% of base pay B. After 10 consecutive years of service - 2% of base pay C. After 15 consecutive years of service - 3% of base pay D. After 20 consecutive years of service - 4% of base pay Section 14.4 Reclassification Reclassification of certain positions may become necessary in order to recognize major changes in functions or responsibilities, or to align salaries within the bargaining unit in order to correct any inconsistencies. 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 50% or more of the employee's regular duties. Employees petitioning for reclassification consideration will be required to complete a position description questionnaire form. The employee's supervisor and department director will also be required to complete a section of the questionnaire. The questionnaire, shall then be forwarded to Employee Services for evaluation. The union will be copied on Employee Services' conclusion. During the term of this contract, no reclassifications will be processed by Employee Services. However, the City will prepare a class analysis for the positions of SCADA ; Technician and Control Center Technician (Maintenance Tech) during the first (1st) quarter of 2012. The results will be discussed during labor management and any potential salary increase will be retroactive to the date of contract signing. All other positions will use the work out of class pay provisions of this agreement. Section 14.5 Acting/Out of Classification Pay A. Acting pay will be granted when an employee is temporarily assigned in writing by their Superintendent or designee to perform at least fifty percent (50%) of the higher level duties of a higher level vacant position within the bargaining unit. Acting pay will not apply for periods less than one (1) full work week and shall not exceed one (1) year. Extensions beyond the one (1) year period may be mutually agreed to between the City and the Union. A. Out of Classification pay will be granted when an employee is temporarily assigned in writing by their Superintendent or designee to perform at least fifty percent (50%) of the higher level duties of an existing higher level P\LCC(Labor,Class&Comp)\Labor1UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 21 classification within the bargaining unit. Out of class pay will not apply for periods less than one (1) full work week and shall not exceed one (1) year. Extensions beyond the one (1) year period may be mutually agreed to between the City and the Union. The employee will be permanently placed in the higher level position after serving twelve (12) consecutive months less any authorized leaves with pay. The City reserves its right to cease or reassign the higher level duties at any time due to budgetary restrictions, employee performance or just cause. Employees assigned to Acting or to work Out of Classification shall be compensated at a rate which represents a ten percent (10%) increase from their base wage, not to exceed the maximum of the higher range to which they have been assigned. Employees assigned to Acting or to work Out of Classification to a higher classification of a non-represented position shall be compensated in accordance with City Policy. All grievances relating to violations of this section of the contract shall be filed at Step 3. ARTICLE 15 - HOLIDAYS Section 15.1 Observed Dates The following holidays shall be paid holidays for all regular employees covered by this Agreement: Holidays 1. New Year's Day 2. Martin Luther King Day 3. Presidents' Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veterans' Day 8. Thanksgiving Day 9. Day after Thanksgiving 10. Christmas Day 11. Two (2) Personal Holidays 12. Other holidays proclaimed by the Mayor or City Council The City shall specify, each year, the date on which the above holidays shall be observed. 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. P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER\Contracts%TM 2012-2013 Contract-Final doc Page 22 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. Section 15.2 Overtime Worked on Holidays Employees required to work a full shift on any of the above observed holidays shall receive pay at the overtime rate. In addition, the employee may choose to receive pay for the holiday or to reschedule, with manager or designee's approval, the use of such holiday to the day before or the day after the original observed holiday. If the employee does not request for the holiday to be rescheduled, the employee shall be paid for the holiday. All employees required to work on holidays shall receive a minimum of three (3) hours at the employee's overtime rate. ARTICLE 16 - HEALTH CARE AND LIFE INSURANCE Section 16.1 Medical/Dental Coverage The City agrees to provide health care (medical/dental/vision) insurance coverage for all regular full-time and regular part-time and Ten-month employees In the bargaining unit. Coverage will also be available for eligible dependents. The employee shall contribute toward the purchase of health care Insurance coverage in accordance with the provisions of Section 16.2 of this Agreement. For 2012 and 2013, the following health care plans will be offered to eligible employees: 1. The City's self-insured 100% health care plan administered by Premera Blue Cross, and VSP vision plan; and 2. Group Health Cooperative (HMO), includes co-pays as required by Group Health Cooperative and VSP vision plan. However, the City reserves the right to change carriers based upon comparable benefits and cost-effectiveness of such a change. Section 16.2 Employee Contribution - Health Care Insurance Coverage Eligible employees shall have health care Insurance coverage available. Employees shall have the option to insure dependents under alternative plans offered, subJect to the terms and conditions imposed by the carrier. A. Effective January 1, 2012, employees shall pay six percent (6%) of the employee portion and fourteen percent (14%) of the dependent(s) portion of P 1LCC(Labor,Class&Comp)1Labor\UNIONITEAMSTERIContracts\TM 2012-2013 Contract-Final doc Page 23 the health care insurance premium paid into the employee's respective health care Insurance program. The 2012 and the 2013 employee monthly premium rates are as follows: Blue Cross Blue Cross Enhanced Enhanced Prudent Prudent Buyer Buyer PPO PPO Group Health Group Health Employee Employee Portion Employee Portion Employee Portion Employee Portion Coverage (Monthly) (Semi-Monthly) (Monthly) (Semi-Monthly) Employee Only $41.00 $20.50 $37.00 $18.50 Employee/Spouse $142.00 $71.00 $142.00 $71.00 Employee/Children $131.00 $65.50 $125.00 $62.50 Employee/Family $229.00 $114.50 $226.00 $113.00 If for any reason, Non-represented or AFSCME employees receive a lower cumulative total employee and dependent health care insurance premium schedule than outlined herein, all members of this bargaining unit shall be eligible for coverage by the lower combined employee and dependent premium schedule. The parties agree to meet six (6) months prior to the expiration of this agreement to discuss future health care options. Section 16.3 Life Insurance Coverage 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. Section 16.4 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. The LTD plan shall provide for coverage with a ninety (90) day elimination period, which pays at sixty six and two thirds percent (66-2/3%) of the first ten thousand five hundred dollars ($10,500) of monthly base salary with a monthly max of $7,000 and pays to age sixty five (65) for eligible employees. The City will determine the manner in which insurance coverage is secured. Section 16.5 Retiree Health Care Savings Account WEBA) Effective January 1, 2007, the City will match, on a one-for-one basis, twenty dollars ($20.00) per month to each regular employee's retiree health care savings account if the employee contributes at least twenty dollars ($20) per month. The matching contribution shall be payable on a semi-monthly basis of ten dollars P\LCC Labor Class&Com \Labor\UNION\TEAMSTER1Contracts\TM 2012-2013 Contract-Final doc Page 24 ($10.00) per pay period. Effective two (2) months after the signing of this Collective Bargaining Agreement the employee contributions and the employer contributions Into the Retiree Health Care Savings Account (VEBA) will be discontinued. The funding used for the Retiree Health Care Savings Account (VEBA) will be reallocated into the Western Conference of Teamsters Pension (WCTPT); see Article 17. Section 16.6 Health Care Committee The Union will designate two representatives to participate in the Health Care Committee. The parties agree that the Union's participation on the City's Health Care Committee has been mutually beneficial. The parties agree to meet and discuss the purpose of the Committee and the parameters under which the Committee operates. Furthermore, the parties recognize that there must be representation and participation by all Unions on the Committee. ARTICLE 17 - PENSION A. Pension for employees and contributions to Public Employees' Retirement System (PERS) will be governed by Washington State Statute. B. Western Conference of Teamsters Pension Trust (WCTPT)- Effective two months following the signing of this agreement, the City shall pay the amount stated below to the Western Conference of Teamsters Pension Trust Fund on account of each of its full-time, regular part-time, and 10 month employees who perform the work listed under Appendix "B" and "C" of this Agreement for every hour for which compensation is paid, said amounts to be computed monthly, provided that the annual contribution shall be limited to 2160 hours. The City agrees to contribute twelve cents ($0.12) per hour and the employee agrees to reallocate thirteen cents ($0.13) per hour of their hourly wages for a total contribution of twenty-five cents ($0.25) per hour. For the purposes of this article covered hours shall include the following compensable hours: sick leave, vacation, compensatory time off, Holidays (including personal holidays) and bereavement leave shall all be considered compensable time worked. ARTICLE 18 - WORKERS COMPENSATION PROGRAM Employees injured on-duty and qualified for worker's compensation shall be entitled to such benefits through the City's self-funded program as determined by statute \L i 2 P CC(Labor,Class 8 Comp)\LaborIUNION\TEAMSTER\ContractslTM 2012-2013 Contract Final doc Page 5 1 and City Policy 6.2 — On-the-Job Injuries and Illnesses. The City will continue medical/dental and life Insurance contributions on behalf of the injured employee and dependents, if applicable, as required by State law and City Policy. The employee shall be responsible for their portions of these benefit premiums. ARTICLE 19 - VOLUNTEER PROGRAMS The parties agree that volunteer programs can be mutually beneficial to the City, employees, and the citizens of Kent. The parties recognize that volunteerism provides a sense of community involvement and requires a commitment of time and service on behalf of the volunteer. Successful volunteer programs require leadership and coordination with employees. To that end the City is committed to working in partnership with the Union to build successful volunteer programs. The parties agree that the City shall not lay off employees in the bargaining unit as a result of volunteer programs. The use of volunteers shall not result in a loss of existing overtime opportunities for members of the bargaining unit. Volunteer programs may require leadership and coordination with City staff. As a result, these opportunities may become available for bargaining unit members as a result of successful volunteer programs. The parties agree to meet in a labor-management forum to discuss new volunteer programs or work that is beyond the scope of current volunteer programs. Such programs may include, but are not limited to: youth programs, King County work training programs, adopt-a-park, adopt-a-street, internships, community service workers, Communities in Schools and work release (i.e. supervised work crew). The parties agree to meet in a labor-management forum if volunteer hours exceed 4,363 hours in a year (based on an average of 2009 and 2010 volunteer hours) or if supervised work crew hours exceed 1,542 hours in a year (based on an average of 2009 and 2010 supervised work crew hours). The previous numbers exclude hours for scouting (i.e. Eagle Scouts) projects which are not restricted by this Article. Furthermore, the parties agree that should any concerns arise regarding a specific volunteer project those concerns shall be brought to the City's attention immediately. If the concerns cannot be resolved at that level the Union may, with just cause, request that a specific volunteer project be suspended with 10 days written notice to the City. No new activity on the project will be scheduled until such time as the parties meet in a labor-management forum. If the parties are unable to reach agreement on the specific volunteer project the City will cease activity on the project, except that any previously agreed upon scheduled events involving the volunteer project may take place, and no new activity may be scheduled. P\LCC(Labor,Class&Comp)\Labor1UNION\TEAMSTER\ContractslTM 2012-2013 Contract-Final doc Page 26 ARTICLE 20 - EQUAL EMPLOYMENT OPPORTUNITY - NONDISCRIMINATION The employer or the Union shall not unlawfully discriminate against any Individual with respect to compensation, terms, conditions, or privileges of employment because of race, color, religion, political affiliation, ancestry, national origin, sexual orientation, marital status, age, sex, gender, Vietnam era Veteran's status, mental, sensory, or physical disability, unless based on a bona fide occupational qualification reasonably necessary to the operations of the City. Sexual harassment shall be considered discrimination under this Article. Disciplinary action will be taken against employees who engage in any activity under this Article. The employer agrees to take corrective action to assure that any such practices are remedied and that such discrimination does not continue. Reprisal against a grievant or witness for a grievant is prohibited. The City and the Union, recognizing the need for Equal Employment Opportunities, do mutually agree to be supportive to the City's Equal Employment Opportunity Policy. Wherever words denoting a specific gender are used in the Agreement, they are intended and shall be construed so as to apply equally to either gender. ARTICLE 21 - SICK LEAVE Section 21.1 Accrual Rate 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. 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. Employees' semi-monthly sick leave credits will be posted on the payday following the accrual of such leave. For regular part-time employees adjustments in sick leave credits will be made the month following the month worked. Sick leave must be accrued before it can be used. The maximum number of accumulated sick leave hours at any given time is one thousand forty (1,040). Section 21.2 Sick Leave Incentive Program In order to provide an incentive for using sick leave only as necessary, members of the bargaining unit shall be entitled to incentive pay for maintaining their sick leave P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 27 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 would be granted in January of the following year. 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 21.3 Physician's Statement Employees who are absent for four (4) or more consecutive days due to Illness or Injury may be required by their manager or superintendent , upon returning to work, to submit to Employee Services a statement from a physician stating the reason for the absence. Employee Services will provide necessary coordination with or Information to the employee's manager or superintendent as needed. Section 21.4 Sick Leave Uses Sick leave may be used by the employee for bona fide cases of: A. Illness or injury of the employee, which prevents the employee from performing his/her regular duties. B. Disability of the employee due to pregnancy and/or childbirth or to care for a newborn. C. Health care appointments. D. Care of family members as allowed by either State or Federal Law. E. For bereavement/funeral leave as allowed in Article 23 Bereavement Leave. Section 21.S Prompt Notification Employees incapacitated by illness or injury shall personally call and speak to their crew lead or supervisor within one (1) hour of their scheduled starting time, except where there are extenuating circumstances, or when a physician has verified in writing that the employee will be out for a clearly defined period of time. If the crew lead or supervisor is not available, the employees shall personally call and speak to their Superintendent. If the Superintendent is not available, the employees shall call the office receptionist to leave a message for their P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER1Contracts\TM 2012-2013 Contract-Final doc Page 28 supervisor/superintendent. Failure to do so may result in loss of paid sick leave for that day. During periods of extended Illness, employees shall keep the Employee Services Department informed as to their progress and potential date of return to work. The Employee Services Department will provide necessary information to or coordination with the employee's supervisor as needed. Section 21.6 Sick Leave Abuse 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 or situations where the employee has prolonged and/or frequent or regular absences, which hinder the performance of the employee's job duties or the efficiency of the department. Corrective action may include a requirement to provide physician's statements to the Employee Services Department. Abuse of sick leave may be grounds for disciplinary action. Section 21.7 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. Off work on a holiday. C. While on vacation, unless the employee or an immediate family member is admitted to the hospital. Section 21.8 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 Teamsters 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 Injury 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. P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 29 Consideration of an extension shall be based upon the medical prognosis of the employee 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 e-mail 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 light duty, may be considered when an employee is, by reason of an ADA accepted physical or mental disability, 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 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. P ILCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 30 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. ARTICLE 22 - JURY DUTY City shall pay the difference between jury pay and full salary in accordance with City Policy. ARTICLE 23 - BEREAVEMENT LEAVE Section 23.1 Bereavement Leave Members of the bargaining unit shall receive three (3) days bereavement pay for the death of an immediate family member. Section 23.2 Immediate Family A. Immediate family shall be defined as the following: • Employee's Legal Spouse, • State Registered Domestic Partner • Daughter or Son (step also) • Daughter or Son-in-law • Mother or Father (step also) • Mother or Father-in-law • Sister or Brother (step also) • Sister or Brother-in-law • Grandparents • Grandparents-in-law • Grandchildren (step also) B. Other members or non-members of the employee's family could be considered immediate family as a result of special circumstances (example: aunt or uncle 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 from Employee Services in order to receive bereavement leave for persons classified in this category. Such request must explain the relationship of the person(s) involved, either as family or non-family members. Section 23.3 Use of Leave A. In the event that the time required for immediate family bereavement leave is in excess of the three (3) days of bereavement leave, sick leave may be taken. A maximum of ten (10) days sick leave may be granted by the department director or Employee Services Director for this purpose. P 1LCC(Labor,Class&Comp)1Labor\UNIONITEAMSTER1Contracts\TM 2012-2013 Contract-Final doc Page 31 Distance, travel time or other factors will be considered to determine the number of sick days to be granted. B. If additional time is needed in addition to the three (3) days of bereavement leave and ten (10) days of sick leave, other available leave may be utilized (compensatory time or annual leave) subject to approval of the department director or Employee Services Director. C. Attendance at funerals of close friends and other close relatives, who do not meet the definition in Section 23.1, will not qualify for bereavement leave. It will be recognized as sick leave. Sick leave may be taken for only the actual time required to attend the funeral, but shall not exceed four (4) hours. D. Paid time off will not be granted when a funeral occurs during the time an employee is on annual leave, paid sick leave, or a City Holiday. E. Employees may be eligible to receive up to one (1) day of paid bereavement leave to attend the funeral 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. Former co-workers shall be considered "close friends and other relatives" as defined in paragraph C above. Section 23.4 Request and Approval A. Employees shall request funeral leave in writing through their department supervisor and department director for approval. B. Final determination shall be made by the Department Director, in consultation with the Employee Services Director, or designee, regarding the extent to which funeral/sick leave will be granted. Distance, travel time and/or other factors will be considered to determine the number of days to be granted. ARTICLE 24 - VACATIONS Section 24.1 Accrual Rate All regular full-time employees will accrue vacation time at the rate based on the following schedule: Hours of leave accrued Years of Employment Monthly Annually 1st through 4th year 8 hours 96 hours 5th through 9th year 10 hours 120 hours P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 32 10th through 12th year 12 hours 144 hours 13th through 14th year 12.67 hours 152 hours 15th through 16th year 13.33 hours 160 hours 17th through 19th year 14 hours 168 hours 20th through 24th year 14.67 hours 176 hours 25th year and thereafter 16 hours 192 hours All regular part-time employees leave accrual shall be pro-rated based on the percentage of full-time hours compensated each month. Such vacation accruals will be posted on a semi-monthly basis. Any employee who leaves employment or is Involuntarily terminated within the first six (6) months of employment, will not have accrued any annual leave. Section 24.2 Schedulinn Whenever possible, vacations will be scheduled for the convenience of the employees involved, subject to work scheduling requirements of the department. All vacation leave use must be pre-approved by the employee's Superintendent or designee. Once a vacation is approved it will not be revoked without mutual consent. This section shall not apply in the event of a natural disaster, threats/acts of terrorism or any declared emergency. If in the event the employee's vacation is cancelled by the City and the employee accrues a financial loss due to the City's decision, the City will reimburse the employee for any non-refundable travel expenses that have been purchased. In order to be reimbursed for the financial loss the employee must present receipts for all unreimbursed expenses. Section 24.3 Maximum Accumulation The maximum vacation leave an employee may accumulate is two hundred forty (240) hours. Employees may exceed the maximum accruals during a calendar year, but shall be at or below the maximum limit as of December 31st of each year. Employees may request carry over exceptions in writing to the Employee Services Director, or designee. Such exceptions will be approved on a case-by-case basis and shall not be precedent setting. ARTICLE 25 - EMERGENCY CONDITIONS In the event of a natural disaster, threats/acts of terrorism, any 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, with supervisory authorization, request to leave before the end of their shift, shall be required to use annual leave or compensatory time to cover all hours away from work. P 1LCC(Labor,Class&Comp)1Labor\UNIONITEAMSTER%Contracts\TM 2012-2013 Contract-Final doc Page 33 ARTICLE 26 - MILITARY LEAVE The City and Union agree that members of the bargaining unit, who are members of the Washington National Guard or any Federal Reserve military unit will be entitled to be absent with pay from their duties with the City for periods of time up to a cumulative maximum of twenty-one (21) work days (a work day = 8 hours of work) or twenty-one (21) consecutive work days during each year. For purpose of this section only, a year shall be defined as the period beginning October 15Y and ending the following September 30`h, per RCW 38.40.060 as amended in 2010. ARTICLE 27 - SEVERANCE PAY Full-time employees shall, in the event of a reduction in force, be paid at the time of their separation a sum equal to twenty-two (22) days pay, not to exceed 176 hours, from which no deductions shall be made except as required by State and Federal Law. Provided, however, that no employee shall be entitled to such pay if he/she accepts any other regular full-time or regular part-time employment with the City within twenty-two (22) working days. ARTICLE 28 - STANDARD DRESS, TOOLS AND LICENSES Section 28.1 Uniform Allowance The city will provide an annual clothing allowance for all regular full-time, part-time and 10-month employees in the amount of $400 on April 5, 2012. The clothing allowance will be increased to $450 in 2013 and paid on the February 5, 2013 paycheck and each year thereafter. The city will continue to provide one parka, one Carhartt jacket and one set of raingear to be replaced every three years or sooner as determined necessary by the Superintendent or designee. New regular full-time, part-time and 10-month employees shall receive their clothing allowance within one month of hire and will not be eligible for another clothing allowance until the completion of their one year probationary period. Temporary 8-month and temporary 4-month employees will be provided six (6) shirts and one (1) jacket by the city and shall return the shirts and jackets to the city at separation from service. Employees will be responsible to launder and maintain their 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. No employee shall receive more than the specified annual uniform allowance in any given calendar year A calendar year is defined as January - December. The city will determine the uniform options available and will provide a listing of all P\LCC(Labor, Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 34 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, denim shirts, Industrial shirts, and hooded sweatshirts. Nothing in this agreement shall prohibit the review and expansion of uniforms through the Labor Management process. Employees must be properly attired in accordance with city policy and reasonable rules regarding safety. If a Superintendent does not believe an employee is dressed appropriately to reflect a positive Image of the city, the employee may be required to change his/her clothing to meet the cty's expectations. If the employee needs to return home to get the proper clothing, s/he shall do so without pay. Failure to consistently dress appropriately may result in disciplinary action. It is the expectation that if clothing is contaminated employees shall not be expected to take the clothing home but rather, the city will either clean or replace the employee's clothing. The decision to clean or replace will be made by the city. To replace or clean the clothing, an employee should make a written request through their Superintendent or designee documenting the circumstances. In addition, any unintentional damage to uniforms will be repaired or replaced by the city via a written request, to include documentation of the unintentional damage, through the employee's Superintendent or designee. The maximum safety shoe allowance for regular full-time, regular part-time, 10- month and 8-month employees shall be one hundred seventy dollars ($170.00), plus tax, per pair, as needed. Four-month employees shall receive a maximum safety shoe allowance of seventy five dollars ($75.00), plus tax, per pair, as needed. Section 28.2 Tools and Equipment Allowance 's All existing mechanics as of the date of the signing of this agreement will be grandfathered to be authorized to receive three hundred fifty dollars ($350.00), plus tax, per year for the purchase of work tools, which are on the City's approved tool list. The City shall reimburse the actual cost of mechanic tools based on a receipt and reimbursement method. The City will provide new mechanics with a fully furnished tool box; such employees I shall not be eligible for the mechanic tool allowance. Grandfathered employees shall have the option of switching from the allowance option to the City provided tools option at the beginning of each calendar year. Once an employee has moved to the City provided tools, the employee shall no longer be eligible for the tool allowance. The City will also purchase air-tools. Labor-management committee reserves the right to prioritize the purchase of tools. P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 35 In addition, the City agrees to provide at its cost, the minimum, safety equipment required under W.I.S.H.A. (Washington Industrial Safety and Health Act). The City agrees to purchase insurance to cover theft of employee owned tools from City premises required for employment. City obligation shall be limited to loss due to burglary. Employee shall comply with all terms and conditions of the insurance carrier. Deductible to be paid by the City. Section 28.3 License/Certification Reauirements A. Employees required to obtain licenses, certifications or physical exams shall be responsible to obtain such within the timeline outlined in their job descriptions. Failure to do so may be grounds for disciplinary action up to and including termination. The City shall allow the employee a reasonable amount of time off with pay to take the necessary test/exam. The City shall pay the cost of the license, certification or physical exam and/or the registration cost for reasonable training to obtain/maintain the license or certification. If the employee fails to obtain the required licenses/certifications after three attempts, the employee shall be responsible for the cost of repeating the same exam/training. The City reserves its right to determine the reasonable licenses and certifications required for the work assigned to the positions. B. The City and the Union agree that the classifications listed in Appendix B identify a commercial driver's license (CDL) as an essential job requirement. However, certain positions have been identified by the City as eligible to "opt out" of the CDL program. The City maintains the right to determine which positions are eligible to "opt out" of a CDL and will provide proper notice to an employee if the needs for the position change (including up to six (6) months for an employee to obtain a CDL if his/her position will require a CDL). If a position is eligible to "opt out", but the employee wishes to maintain his/her CDL, they may do so and continue to be included in the City's CDL program. If the employee elects to "opt out", they may do so by completing a mutually agreed to "CDL Opt Out/In Form" and the city will no longer require his/her participation in the city's CDL program nor provide payment for the maintenance of the CDL . An employee who previously "opted out" of the CDL program may "opt in" again when he/she changes positions and be allowed up to six (6) months to obtain a CDL; the employee will also complete the "CDL Opt Out/In Form". Upon obtaining the CDL, the city will include the employee in the CDL program and provide for maintenance of the CDL. P 1LCC(Labor, Class&Comp)1Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 36 A ARTICLE 29 - SUBSTANCE ABUSE TESTING All members of the bargaining unit shall comply with City policy #2.25 - Substance Abuse. Random testing, however, shall only apply to those employees required to carry a commercial driver's license (CDL) as a condition of employment. ARTICLE 30 - SAVINGS CLAUSE ; If any Article of this Agreement or any Addendum thereto should be held Invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder i of this Agreement and Addendum shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such Article. ARTICLE 31 - ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. ARTICLE 32 - SUBORDINATION OF AGREEMENT It is understood that the parties hereto and the employees of the City are governed by the provisions of applicable Federal and State Law. When any provisions thereof are in conflict with the provisions of this Agreement, the provisions of said Federal and State Law are paramount and shall prevail. P\LCC(Labor, Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 37 ARTICLE 33 - TERM OF AGREEMENT This Agreement shall be in force and effect from January 1, 2012 through December 31, 2013. kf Signed this &I day of January 2012, at Kent, Washington. CITY OF KENT TEAMSTERS LOCAL UNION #117, 220 4th Avenue South AFFILIATED WITH THE INTERNATIONAL Kent, Washington 98032 BROTHERHOOD OF TEAMSTERS 14675 Interurban Ave S, Suite 307 Tukwila, WA 98168 BY BY 0 1W ffL== ett ooke, Tracey A. ompson, M o Secretary-Treasurer BY 4�j SLie Viseth, Employee Services Director Approved as negotiated: Teri Smith, Labor Relations Manager Approved as to form: BY A"Wk 11)V-6 - To tBruba e , City Attorney Attest: B renda Jacober, Clerk P\LCC(Labor, Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 38 APPENDIX "A" - WAGES The salary schedule for positions in the bargaining unit shall be as follows: Regular full-time, regular part-time and ten-month employees A. Effective January 1, 2012, due to the current economic condition, there shall be no cost of living adjustment to the base salaries for the Job classifications set forth in Appendix "B". B. Effective January 1, 2013, there shall be no cost of living adjustment to the base salaries for the Job classifications set forth in Appendix "B" - Bargaining Unit Classification Schedule. If for any reason, Non-represented or AFSCME 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. Temporary Employees Temporary employees shall be paid in accordance with the following schedule, except that the City may pay more In hourly wage as it deems appropriate to maintain a qualified workforce. Temporary Four-Month Employees Start at $9.04/hour or minimum wage, whichever is higher Greater than 1040 hours = $9.50/hour Greater than 2080 hours = $10.00/hour Temporary Eight-Month Employees Start at $9.04/hour or minimum wage, whichever is higher Greater than 1040 hours = $10.00/hour Greater than 2080 hours=$11.00/hour This Temporary Employee wage schedule includes wages and pay in lieu of, sick leave, holidays, bereavement leave, insurance and other miscellaneous benefits except as provided for in Appendix "E" - Personal Leave days for Temporary 8-Month Employees. P 1LCC(Labor,Class&Comp)1Labor\UNIONITEAMSTER1Contracts\TM 2012-2013 Contract-Final doe Page 39 APPENDIX "B" - BARGAINING UNIT CLASSIFICATION SCHEDULE Effective 1/1/12 Classification Salary Range Meter Reader I Range TM17 Meter Reader II Range TM21 Meter Reader III Range TM25 Meter Reader IV Range TM28 Maintenance Worker I* Range TM17 Maintenance Worker II Range TM21 Maintenance Worker III Range TM25 Maintenance Worker IV Range TM29 Maintenance Worker V Range TM30 Maintenance Technician Range TM31 Field Supervisor Range TM34 Mechanic Assistant Range TM20 Mechanic I Range TM24 Mechanic II Range TM28 Senior Mechanic Range TM32 *The Maintenance Worker I classification is intended to be a training/apprenticeship classification. Employees hired Into this classification may move to the Maintenance Worker II classification when they have passed a six-month probation period and have passed all tests for all required certifications of the Maintenance Worker II position into which they will move. Such licenses and certifications may include, but not be limited to: Commercial Driver's License (CDL), First Aid Card, Flagger Card, and Defensive Driving Course. P 1LCC(Labor,Class&Comp)1Labor\UNIONITEAMSTER1Contracts\TM 2012-2013 Contract-Final doc Page 40 The wage rates in effect December 31, 2011 will continue until Implementation of the Western Conference of Teamsters Pension (WCTPT) at which time the following wage rates will become effective. 2012 Adjusted Salary Schedule Step A Step B Step C Step D Step E Classification Salary Monthly Hrly Monthly Hrly Monthly Hrly Monthly Hrly Monthly Hrly Grade Meter Reader I TM 17 3,157 50 18.22 3,318 50 19 15 3,485 50 20 11 3,669 50 21 17 3,852 50 22 23 Meter Reader II TM 21 3,485 50 20 11 3,669 50 21 17 3,852 50 22 23 4,046 50 23 35 4,243 50 24 48 Meter Reader III TM 25 3,852 50 22 23 4,046 50 23 35 4,243 50 24 48 4,466 50 25 77 4,692 50 27 07 Meter Reader IV TM 28 4,160 50 24 00 4,363 50 25 17 4,581 50 26 43 4,816 50 27 79 5,053 50 29 15 Maintenance Worker I TM 17 3,157 50 18 22 3,318 50 19 15 3,485 50 20 11 3,669 50 21 17 3,852 50 22 23 Maintenance Worker II TM 21 3,485 50 20 11 3,669 50 21 17 3,852 50 22 23 4,046 50 23 35 4,243 50 24 48 Maintenance Worker III TM 25 3,852 50 22 23 4,046 50 23 35 4,243 50 24 48 4,466 50 25 77 4,692 50 27 07 Maintenance Worker IV TM 29 4,243 50 24 48 4,466 50 25 77 4,692 50 27 07 4,938 50 28 49 5,187 50 29 93 Maintenance Worker V TM 30 4,363 50 25 17 4,581 50 26 43 4,816 50 27 79 5,053 50 29 15 5,305 50 30 61 Maintenance Technician TM 31 4,466 50 25 77 4,692 50 27 07 4,938 50 28 49 5,187 50 29 93 5,445 50 31 42 Field Supervisor TM 34 4,816 50 27 79 5,053 50 29,15 5,305 50 30 61 5,572 50 32 15 5,869 50 33 86 Mechanic Assistant TM 20 3,398 50 19 61 3,571 50 20,60 3,764 50 21 72 3,947 50 22 77 4,160 50 24 00 Mechanic I TM 24 3,764 50 21 72 3,947 50 22.77 4,160 50 24 00 4,363 50 25 17 4,581 50 26 43 Mechanic II TM 28 4,160 50 24 00 4,363 50 25,17 4,581 50 26 43 4,816 50 27 79 5,053 50 29 15 Senior Mechanic TM 32 4,581 50 26 43 4,816 50 27,79 5,053 50 29 15 5,305 50 30 61 5,572 50 32 15 P\LCC(Labor, Class&Comp)\Labor\UNIONITEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 41 APPENDIX "C" - TEN-MONTH MAINTENANCE EMPLOYEE Salaries - Regular: Employees in this classification shall receive compensation whether on an active or Inactive status during their employment with the City. For purposes of computing such compensation the annual base wage shall be paid in twenty four (24) equal Installments on the City's regular pay dates. Salaries - Overtime: Overtime, based upon base wage for classification, shall be provided for employees who are required to work in excess of eight (8) hours per day or forty (40) hours in any week. Overtime compensation shall be paid in the form of pay or compensatory time off in accordance with this Agreement. Jury Duty/Bereavement Leave: While on active status, the employee shall be allowed time off with pay in accordance with the City's policy for Jury duty and bereavement leave. Personal Leave Days: Employees in this classification shall be provided Paid Personal Leave Days in lieu of Holiday leave and Sick leave. The paid Leave Days or portions thereof may be used, with departmental approval, to maintain pay during periods of illness and observed holidays. A Personal Leave Account of employees will be credited with fifteen (15) days during the first pay period of the work year (ten-month active period); provided, that under no circumstances will the account be allowed to accrue more than thirty (30) days. Personal Leave Days which are not used may be carried over from year to year. Such carry-over shall be limited to thirty (30) days with subsequent crediting of annual accruals contingent upon current leave balances. Except in the case of illness, an employee shall not be allowed use of more than two (2) Personal Leave Days per month during the first five (5) months of employment. Annual Leave: Annual Leave benefits are not provided to employees filling positions within the ten-month classification. By the nature of the employment classification, employees are provided two (2) months off with compensation each year, thereby providing a reasonable break in employment for purposes of rest and regeneration. Otherwise, employees have the opportunity to exercise the benefits associated with Personal Leave Days which, when exercised, provide time off with compensation during active status. Existing Labor Agreement: All provisions of this Labor Agreement, except as otherwise specified in this Appendix shall apply to members of the bargaining unit occupying ten-month positions. For purposes of clarification, "ten-month employees" are those who are regularly assigned to a work schedule consisting of ten (10) months of active status and two (2) months of inactive status during a twelve (12) month period. P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 42 APPENDIX "D" — BIDDING AND MANDATING OF OVERTIME The purpose of this appendix Is to memorialize the process for bidding and mandating overtime In the various divisions (division Is defined for this purpose as reporting to a non-union manager or superintendent) and/or work group (a work group is defined as reporting to a field supervisor). The parties recognize the importance of minimizing overtime costs and agree to work In partnership to find cost effective and sustainable ways to reduce the need for overtime. However, when overtime is the only operational way to provide services the following process will be used by employees to bid for overtime and for management to, when necessary, mandate overtime. Seniority, for purposes of overtime bidding/mandating, shall be in accordance with Section 3.1. "C" of the collective bargaining agreement unless otherwise specified in this appendix. If an employee has a dispute with their ranking on the seniority list, as posted at the beginning of each year, they will have fourteen (14) calendar days from the date of posting to challenge their seniority ranking in writing to their superintendent. PUBLIC WORKS DIVISIONS: Utilities, Water, Storm, Sewer, Street, Fleet Overtime shall be bid by seniority from the most senior employee to the least senior employee within the work group based on seniority within the division. If all the employees within the work group decline the overtime, the overtime shall then be offered by seniority within the division. Management reserves the right to limit overtime bidding for jobs requiring specific technical experience, or specific project work, to those employees with the technical experience, or project experience (employees with the most seniority get to bid for the overtime first). Management reserves the right to mandate overtime as needed. Mandatory overtime shall be based on reverse seniority within the work group based on seniority within the division. Crews working on special projects will be given the opportunity to volunteer to hold over and continue working at the end of their shift. The volunteer must have the ability to perform the work before It is assigned. If there are not enough volunteers management may mandate employees for overtime based on least senior employee to most senior. PARKS DIVISIONS: Parks Operations, Golf, Facilities, Housing and Human Services An overtime sign up list shall be created annually as of the first business day of the year and shall be established by seniority (most senior to least senior) within the division. Once established, the list shall be adjusted weekly, If necessary, by the hours of overtime worked, at the straight-time rate, resulting In the most senior employee with the most hours worked being moved to the bottom of the list. P 1LCC(Labor,Class&Comp)1LaborIUNIONITEAMSTER1Contracts\TM 2012-2013 Contract-Final doc Page 43 The overtime list shall be posted weekly, as necessary, and employees who are available to work overtime will be able to sign up on the overtime list. For Capital Projects, overtime is scheduled as necessary with the crew working on the project. In the event the project crew requires additional support, and overtime is requested, staff with the required knowledge or skills needed by the project will be offered the overtime. For volunteer events, overtime is generally assigned by the overtime list. Consideration is also given to staff that have established a relationship with the community volunteers on specific events or volunteer projects. For purpose of community events, overtime is generally assigned by the overtime list. Consideration is also given to staff with specific knowledge, skills, or abilities as required by the event. Overtime requiring special skills or certifications such as irrigation will be offered by seniority to the employees possessing those skills or certifications. Mandatory overtime shall be based on reverse seniority. All employees who call in sick on Friday and are scheduled to work the weekend will be removed from the overtime schedule to Include a Monday holiday. The overtime shift shall then be reopened for employees on the overtime list to bid. FINANCE DIVISIONS: Customer Service At the beginning of each year, the first overtime shift available shall be offered to the most senior employee. Subsequent overtime shifts shall be rotated through all eligible staff based on seniority, starting with the next most senior employee. This process ensures that all employees have an opportunity for overtime over the course of the year, if overtime is available. If an employee declines the overtime shift, the shift will be offered to the next most senior employee. Overtime requiring special knowledge, skills, or abilities shall be offered by seniority to the employee possessing the required knowledge, skill, or ability. Mandatory overtime shall be based on reverse seniority. P 1LCC(Labor,Class&Comp)\Labor\UNIONITEAMSTER1ContractslTM 2012-2013 Contract-Final doc Page 44 APPENDIX "E" — PERSONAL LEAVE DAYS FOR TEMPORARY EIGHT-MONTH EMPLOYEES 1. Eligibility and Accrual: Teamsters temporary eight-month employees are eligible to accrue four (4) hours of Personal Leave for each full time month they work while in a temporary eight-month status. Accrual of Personal Leave shall begin with the fifth (5`h) full-time month in an eight-month status with the City. • A full-time month will be defined as a month in which an employee works a minimum of ninety (90) hours. • The accrual and eligibility to use personal leave days shall commence on the completion of the fifth (51h) full-time month of the eight (8) month temporary employee's work assignment. • At the end of the eligible employee's assignment, he/she shall be given the choice to cash-out or retain all accrued personal leave days. • For the purpose of maintaining eligibility to accrue and retain personal leave days, the maximum furlough for an eight (8) month temporary employee shall be eight (8) months. If an employee retained his/her personal leave days and does not return to a Teamster eight (8) month assignment within the maximum furlough he/she shall be cashed-out for all personal leave time they retained. Checks will be mailed to the employee's last known address. Subsequently, if the employee is rehired Into a Teamster eight (8) month assignment after a separation of eight (8) months or more, the eligibility period for accruals and use shall again commence after five (5) full-time months of service. 2. Use of Personal Leave: Teamsters temporary eight-month employees may use their accrued Personal Leave once it is posted in Increments of one (1) hour or more for qualified and management-approved sick leave, vacation, holiday or bereavement leave. 3. Maximum Accrual: Teamsters temporary eight-month employees may accrue a maximum of sixty four (64) hours of Personal-Leave. 4. Cash Out: Teamsters temporary eight-month employees will have their accrued Personal Leave cashed out at separation of employment with the City. 5. Conversion of Personal Leave: A Teamsters eight-month employee who is hired Into a regular full time or regular part-time position with the City will have his/her accrued, unused Personal Leave converted Into vacation leave. All policies and procedures surrounding the use and cash out of annual leave shall apply. However, the employee may use only the converted Personal Leave balance during the first six (6) months of employment as a regular employee. P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 45 APPENDIX "F" - COMMUTE TRIP REDUCTION 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. The City shall no longer provide Flex Pass/Orca cards through the King County Metro program effective as of 6/30/2012. If for any reason, the city reinstates the Flex Pass/Orca card program for non- represented or AFSCME employees, Teamster employees will receive the same benefit. P\LCC(Labor,Class&Comp)\Labor\UNION\TEAMSTER\Contracts\TM 2012-2013 Contract-Final doc Page 46