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HomeMy WebLinkAboutHR14-021 - Other - Teamsters Local Union #117 - MOU Maintenance Worker II - 11/15/2016 w 7.`�„g,3W.n��'�� r'3p:�t'�f ecords � � en� e ' d,r R r K�NT �Ra: Documenvim WASHINOTON qE��� ; , i 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 #117 Vendor Number: JD Edwards Number I Contract Number: H i +{� This is assigned by City Clerk's Office Project Name: Memorandum of Understanding - Maint. Worker II Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: MOU Contract Effective Date: 1/1/2014 Termination Date: 12/31/2016 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: L. Jensen Department. HR Contract Amount. Approval Authority: ❑ Department Director ® Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Parks Operations - 75% of year Public Works Operations - 25% of year i As of: 08/27/14 i l MEMORANDUM OF UNDERSTANDING between the CITY OF KENT and TEAMSTERS LOCAL UNION NO. #117 Affiliated with the International Brotherhood of Teamsters regarding Maintenance Worker II (Positions #10870, #10889, #10890, and #10891) This Memorandum of Understanding ("MOU") memorializes the agreement between the City of Kent ("City") and Teamsters Local Union #117 ("Union"), This MOU pertains to the Maintenance Worker II positions, #10870, #10889, #10890, and #10891, within the Operations Division of the City's Parks Department, which will be assigned 75% of the year to the Operations Division of the Parks Department, and 25% of the year to the Operations Division of the Public Works Department. Background The City and the Union are parties to a Collective Bargaining Agreement effective January 1, 2014, through December 31, 2016 ("CBA"). The CBA between the parties does not specifically reference or address the unique aspects of the Position and its divided responsibilities between two separate departments, or how matters pertaining to seniority, planned leave, and evaluation of performance will be addressed. Purpose Because of the unique situation posed by the Position, to which four (4) employees are currently assigned, the parties wish to memorialize the following as their understanding of how matters concerning seniority, planned leave, and performance evaluations will be resolved: 1. Seniority: Generally, the Position's seniority shall accrue entirely to the Operations Division of the Parks Department. As such, for purposes of longevity pay, leave accruals, layoff, and recall, the Position's seniority shall be defined as provided for within Section 3.1(A) and 3.1(B) of the CBA. For purposes only of bidding/mandating overtime, the Position's seniority shall be determined and based entirely on the seniority held by the incumbent within the Operations Division of the Parks Department, not any time the incumbent may have spent working within the Operations Division of the Public Works Department. As such, when the incumbent's Position is assigned to the Public Works Department for 25% of the year, for purposes of bidding/mandating overtime in the Public Works Department, the incumbent will always occupy the least senior position. While the incumbent is assigned to the Parks Department, the incumbent's seniority for purposes of bidding/mandating overtime shall be defined as provided for in Section 3.1(C) of the CBA and Appendix C. All other seniority provisions of Article 3 and Appendix C to the CBA, as applied to the Position, remain unchanged by this MOU. 2. Planned Leave: If the Position's incumbent requests planned leave that will overlap with his or her assignment between departments, the parties agree that the assigned supervisor will be responsible for communicating with the other supervisor to determine if the leave can be approved. 3. Performance Evaluation: The Parks Department is responsible for conducting annual evaluations on all incumbents assigned to the Position. The assigned supervisor of the Position, while that Position is assigned to Public Works, will provide feedback to the MOU Regarding Maintenance Worker II (Positions #10870, #10889, #10890, and #10891) Page 1 of 2 '.... 1_ Parks Department's assigned supervisor for inclusion in the evaluation to account for the work performed in Public Works. 4. Miscellaneous Provisions: 4.1 To the extent the terms of this MOU conflict with the CBA, the terms of this MOU shall control. 4.2 Any dispute regarding the interpretation or application of this MOU shall be handled in accordance with the grievance procedures set forth in the CBA. 4.3 This MOU was prepared and/or reviewed by both parties. In the event of an ambiguity in any term of this MOU, it shall be interpreted evenly, and not against the drafter of the MOU. The principle of contra proferentem shall not apply. 4.4 The parties agree that this agreement is non-precedent setting and shall not limit, restrict, prevent, or require the City or the Union to agree to similar agreements in the future. By signing below the parties agree that the above represents the parties' full and entire agreement with respect to the subject matter of this MOU. Dated this / of November 2016. FOR THE CITY: FOR THE UNION: CITY OF KENT TEAMSTERS LOCAL UNION No. 117, 220 4th Avenue South affiliated with the International Brotherhood of Teamsters Kent, Washington 98032 14675 Interurban Ave S, Suite 307 Tukwila, WA 98168 BY--\ BY ILm A---7�C zette Cooke,,J9yor Jo Scearcy, Secretary T surer Y t / y 1 (_r By" Marty Fisher, Human Resources Director BY Lei ani Jens , Labor Relations Manager Appro as to form: Arly' White, Assistant City Attorney �Att BY1. d aeftim-CityClerk�� MOU Regarding Maintenance Worker II (Positions #10870, #10889, #10890, and #10891) Page 2 of 2 REQUEST FOR MAYOR'S SIGNATURE ® Print on Cherry-Colored Paper " I Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director G Originator: Leialani Jensen Phone (Originator): ext. 5283 Date Sent: 11/14/16 Date Required: 11/16/16 Return Signed Document to: Leialani Jensen Contract Termination Date: nk VENDOR NAME: Date Finance Notified: Teamster Local Union 117 (only required on contracts 11/ 14/ 16 $20,000 and over or on any Grant) _ DATE OF COUNCIL APPROVAL: Date Risk Manager Notified: 11/14/16 (Required on Non-City Standard Contracts/Agreements Has this Document been Specifically Account Number: Authorized in the Budget? o YES ONO Brief Explanation of Document: Teamster MOU regarding four (4) positions being split .75 in Parks Department and .25 in Public Works Department. Positions are authorized in current budget. Finance to receive a courtesy copy of signed MOU. All Contracts Must Be Routed Through The Law Department (Thi rea to be completed by the Law Department) Received: r ` Approval of Law Dept.: /1 fi Law Dept, Comments: r i , jDate Forwarded to Mayor: +' i Shaded`4rp-asjTo Be Completed By Administration Staff , t _ 'Received: Recommendations and Comments: Disposition: r1;i%1 �'�. �''i',�,,� •' = ' ,�a-zsi'' '`. � Date Returned: P,civdF s'Docum nI V,a[c ng H e.l�a 11eV^ 39 ral e ou