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Home My WebLink AboutHR17-080 - Other - Teamsters Local Union #117 - MOU Overpayment of Wages - 12/28/2017 ,,ffigr/g '% Records M ern 01 rt wIP NT f;!%„ Document a/, CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: Teamsters Local Union No. 117 Vendor Number: JD Edwards Number Contract Number: R' c_7 ' t�67� This is assigned by City Clerk's Office Project Name: MOU - Overpayment of Wages Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Memorandum of Understanding Contract Effective Date: 12/28/17 Termination Date: 12,/31/19 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Leialani Jensen Department: HR Contract Amount: tn,On Approval Authority: ❑ Director i ] Mayor 0 City Council I Ipd Meeting Date Detail: (i.e. address, location, parcel number, tax id, etc.): MOU regarding employee repayment to the City of unearned wages. MEMORANDUM OF UNDERSTANDING between the CITY OF KENT and TEAMSTERS LOCAL UNION NO. 0117 Affiliated with the International Brotherhood of Teamsters regarding Overpayment of Wages This Memorandum of Understanding(MOU) memorializes the agreement between the City of Kent ("City") and 'Icamsters Local Union#117 (Union). This MOU is to memorialize an agreement reached between the City and the Union regarding employee repayment to the City of unearned wages. Purpose When a public Employer pays unearned wages to an employee as a result of Employer or employee mistake, the City is obligated to obtain reimbursement of those wages from the employee. RCWs 49,48.200 and .210 set forth the process and parameters for the collection of those overpaid wages. These RCWs require the Employer to communicate directly with the employee to establish the process for repayment, and provide that disputes regarding the repayment are to be resolved Pursuant to the grievance process set forth in the collective bargaining agreement. On November 3,2017, Washington's Public Employment Relations Commission issued a decision (Benton County, Decision 12790 (PECB, 2017)) regarding the interplay between the mandatory subjects of bargaining found in RCW 41.56.030 and the public Employer's duty to bargain them with unions in accordance with RCW 41.56.140, with the process for recovering overpaid wages set forth in RCWs 49.48.200 and .210. PERC ruled that pursuant to RCWs 41.56,030, .140, and .905, Employers are not permitted to discuss repayments directly with union employees. Rather, employers are required to bargain repayments with the union representing the employee. The parties recognize the burden that bargaining each instance of repayment will have on the parties, and agree that RCWs 49.48.200 and .210 adequately protect the interest of employees. Agreements The parties agree that in the event of an overpayment of wages, and in the event the City pursues repayment of the overpaid wages, the City may have direct contact with the involved employees on the condition the City follows the requirements of RCWs 49.48.200 and .210. In turn, employees shall have all of the rights and protections set forth in RCWs 49.48.200 and .210. In addition to the requirements of RCWs 48,48.200 and .210, the City will include the Union in the written communications regarding repayment of wages. The Union agrees that with this MOU, MOU Regarding Overpayment of Wages Page 1 of 2 the Union approves of the City's direct contact with the employee, and agrees that the City's direct contact with the employee shall not constitute circumvention of the Union, direct dealing with the employee in violation of labor laws and rules, an unfair labor practice, or a violation of the collective bargaining agreement. By signature below, the parties agree that the above represents the parties' full and entire agreement with regard to these matters. This MOU shall be deemed executed and effective as of this day ol'December 2017. FOR THE CITY: FOR TIIE UNION: CITY OF KENT TEAMSTERS LOCAL UNION No. 117 220 4"' Avenue South affiliated with the International Brotherhood of Teamsters Kent, Washington 98032 14675 Interurban Ave South, Suite 307 Tukwila, Washington 98168 BY: Ittze e u .1ohr catty, a in 4ecr m°y Treasurer �Y l Y: u ,Fish Dircct rr° e and .lessen Labor Relations lnager Afiny orm: B ite, ty 'tt' 'n4yB Kim Komoto, City Clerk 1 r ��r ruwiiY �iiRarriw u i iUYY7,��,N�'//Iff ��ii� fljl �� 7111i11!7i+` Ififfi�' ovpreiroi ° iuiuxi i r�nver4ltt 7YliN1/ � lnll 11Y17 il!N .. rii(�lviw /traaaniatlrmIIIr%`toirirrraaai,i„rm;" `'i1Y flJl�:-„�.. Ill�ll�/� ,,.�Ui11�,11�U�)/l�/I °I`�iluum�ry�iiiniuiu°'v�„ ip�jru��.mwra�p�rc+,Np Ilurr��yr�ry � �1�� 1lIII !K` I' i1 �Yl) I I lumilllut r7m�is�r ri a m 'f"I, mi E��dPl i" II Ilb iu 71I,J+i �110 p0 4LItYU"4 1.� IN / ��rYUry' ( IM' UM Y�iI l 1 Illll U%u Y l� �U9P1U, IIIIlIIN! 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