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Home My WebLink AboutHR14-021 - Other - Teamsters Local Union #117 - MOU Regarding Criminal History Checks - 02/01/2016 KENT „ Document a 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 Union No. #117 Vendor Number: JD Edwards Number Contract Number: iV-11-1 - 02,1�7 002-- This is assigned by City Clerk's Office Project Name: MOU Regarding Criminal History Checks-Amend 2014-2016 Collective Bargaining Agreement. Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: MOU Contract Effective Date: 2/1/16 Termination Date: 12/31/16 Contract Renewal Notice (Days): N/A Number of days required notice for termination ad- renewal or amendment Contract Manager: Leilani Jensen Department: HR Contract Amount: N/A Approval Authority: ❑ Department Director [Z Mayor ❑ City Council i Detail: (i.e. address, location, parcel number, tax id, etc.): N/A As of: 08/27/14 I MEMORANDUM OF UNDERSTANDING between the CITY OF KENT and TEAMSTERS LOCAL UNION NO. dk117 Affiliated with the International Brotherhood of Teamsters regarding Criminal History Checks This Memorandum of Understanding ("MOU") memorializes the agreement between the City of Kent ("City") and Teamsters Local Union No. 117 ("Union"). This MOU shall amend and supplement the 2014-2016 Collective Bargaining Agreement ("CBA") between the City and the Union and become part of the CBA by this reference. The parties agree as follows: 1. Criminal History Checks. Criminal history checks may be conducted by the City at the time of hire or at any time during an employee's course of employment. Although the City's completion of criminal history checks under the Public Records Act is not an issue subject to bargaining and requires no consent of either the Union or the employee, for those employees who are members of the Union, the parties wish to memorialize how the City will utilize information it may discover during these criminal history checks. A. At Time of Hire. Currently, the City conducts criminal history checks for conviction and recent arrest information at the time of hire for those employees who will have unsupervised access to children, developmentally disabled persons, or vulnerable adults, as authorized under Revised Code of Washington ("RCW") 43.43.832 and RCW 10.97.050. The City reserves the right to expand these criminal history checks to include applicants whose criminal history may relate reasonably to their job duties or is within the last 10 years. The Union does not represent these applicants, and the City reserves the right to make any pre-employment inquiry into arrest and conviction information in accordance with Washington Administrative Code ("WAC") 162-12-140. Once a conditional offer is extended, the City may make any inquiry into an applicant's criminal history as authorized by law. B. During Employment. The City also intends to conduct periodic criminal history checks during employment for: (i) those employees who have unsupervised access to children, developmentally disabled persons, or vulnerable adults; and (ii) those employees who often work independently and have access to sensitive information or sensitive infrastructure where an illegal act or security breach could have serious and detrimental consequences for the City and its citizenry. In addition, it was recently discovered that criminal history checks have not been consistently conducted at the time of hire. Therefore, the City intends to conduct the criminal history checks for conviction related information that should have occurred at the employee's time of hire. 2, Use of Criminal History Information. All criminal history information and records will be requested, received, and maintained by the City's Human Resources Department. The City will not discipline an employee due to an arrest or a criminal conviction unless just cause exists and discipline is warranted. By way of example only, just cause would likely exist if an employee indicated on his or her employment application that he or she had not been convicted of a crime within the last 10 years, but the City's criminal history check evidences this statement was untrue at the time it was made. Just cause would also exist if an arrest or conviction occurred during the employee's non-working hours, but such arrest or conviction adversely affected the City's operations, such as conduct that harmed the City's business, conduct that MOU Regarding Criminal History Checks Page 1 of 2 adversely affected the employee's ability to perform his or her job, or conduct that led other employees to refuse to work with the subject employee. These examples are provided for illustrative purposes only and are in no way intended to limit the situations in which just cause may arise. However, in considering whether just cause exists that warrants discipline, the City will consider the employee's entire work history or any factors that mitigate the degree of discipline to be imposed, 3. City's Management Rights. This MOU shall not be interpreted to limit the management rights as set forth in Article 12 of the CBA. By signing below the parties agree that the above represents their full and entire agreement with respect to this MOU. This MOU shall not be interpreted to create a past practice; nor does it waive either party's right to bargain over wages, hours, and working conditions as provided by statute and other applicable law. This MOU shall be deemed executed and effective as of this ! day of I °tltA7C. y1 FOR THE CITY: FOR THE UNION: CITY OF KENT TEAMSTERS LOCAL UNION No. 117, 220 4th Avenge South affiliated with the International Brotherhood of Teamsters Kent, Washington 98032 14675 Interurban Ave S, Suite 307 / /Tukwila, WA 98168 BY ti_ o' " — BY Suzette e, Jo Scearcy, Ma or f `. Secretary-Treasurer 7%l BY LA, Chris Hills, Interim Human Resources Director W ' 'r L c __ Leialani Jense , Labor Relations Manager i Approved as to form: its BY ° = (�Assi�ss}tttant City Attorney Attest BY x , Zi ty Clerk MOU Regarding Criminal History Checks Page 2 of 2 TEAMSTERS LOCAL UNION 117 ® Affiliated with the International Brotherhood of Teamsters e OPOSHER", O e� General Public and Private Sector Employees and Special Services Employees in King and Pierce Counties and Employees of the State of Washington 8b W January 25, 2016 Ms. Leialani Jensen, MPA Labor Relations Manager Human Resources Department City of Kent 220 Fourth Avenue South Kent, WA 98032 Re: Memorandum of Understanding Dear Ms. Jensen: Enclosed are two (2) original copies of the City of Kent Memorandum of Understanding Re. Criminal History Checks which have been signed by Secretary-Treasurer Scearcy. Please sign and receive signatures from Mayor Cooke, Mr. Hills, the Assistant City Attorney and the City Clerk. Once fully executed, please return one original Memorandum of Understanding to our office for our files. If you have any questions, please feel free to contact me. Thank you. Sincerely, eo� Jeff Clark Business Representative JC:mja Enclosures i 14675 Interurban Avenue South - Suite 307 •Tukwila, WA 98168 • Phone(206)441-4860 , Fax (206) 441-3153 • www.teamsters117.org L REQUEST FOR MAYOR'S SIGNATURE ®PT Print on Cherry-Colored Paper KE w., ... Routing Informakion: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director_ Originator: Leilani Jensen Phone (Originator): XS283 Date Sent: 2/1/16 Date Required: 2/2/16 Return Signed Document to: Contract Termination Date: Leilani Jensen N/A VENDOR NAME: Date Finance Notified: n� Teamsters Local Union No. #117 (Only required on contracts I V/A 20,000 and over or on an Grant DATE OF COUNCIL APPROVAL: N/A Date Risk Manager Notified:2/1/16 (Required on Non-City Standard Contra ctsLAg reements Has this Document been Specificall Account Number: �/� Authorized in the Budget? YES ° NO Brief Explanation of Document: A Memorandum of Understanding (MOU) between the City and Teamsters Local Union No. 117 to amend and supplement the 2014-2016 Collective Bargaining Agreement by agreeing that criminal history checks may be conducted by the City at the time of hire or at any time during an employee's course of employment. All Contracts Must Be Routed Through The Law Department -kk (This area to be completed by the Law Department) '' Received: PA/1 � i Approval of Law Dept )Comments i Date Forwarded Shad4 A eas To Be Completed By Administration Staff Received: x� „ - Recommendations and Comments; t a7� Disposition C-tom Y Date Returned: i Au r" D''t° p:crvillFaflnsl0ovomanl Prac.x no ague%t or rya synzwm.oc%