HomeMy WebLinkAboutHR14-021 - Original - Teamsters Local Union #117 - 2014-2016 Collective Bargaining Agreement - 01/01/2014 Records M . ern
KENT Document
WASHINGTON
CONTRACT COVER SHEET
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Description: ❑ Interlocal Agreement El Change Order ❑ Amendment )(Contract
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S:Public\RecordsManagement\Forms\ContractCover\adcc7832 11/08
CITY OF KENT
and
TEAMSTERS LOCAL UNION #117, AFFILIATED WITH THE
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
JANUARY 1, 2014 - DECEMBER 31, 2016
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ARTICLE 7 - DISCIPLINARY ACTION ......................................................... 15
SECTION 7.1 DISCIPLINARY ACTION BY THE EMPLOYER ........................................... 15
SECTION 7.2 MEETINGS RELATIVE TO DISCIPLINE ................................................. 16
SECTION 7.3 DISCIPLINARY/PERSONNEL RECORDS................................................ 16
ARTICLES - GRIEVANCE PROCEDURE ....................................................... 17
SECTION S.1 GRIEVANCE OR DISPUTE OVER PROVISIONS OF AGREEMENT .................... 17
ARTICLE 9 - WORK STOPPAGES AND EMPLOYER PROTECTION.................20
SECTION 9.1 WORK STOPPAGES - DEFINED ........................................................ 20
SECTION 9.2 BACK TO WORK ORDER ................................................................ 20
SECTION 9.3 DISCIPLINARY MEASURES BY EMPLOYER............................. ............... 20
ARTICLE 10 - BULLETIN BOARDS ..............................................................20
ARTICLE 11 - SAFETY AND SANITATION ...................................................21
SECTION 11.1 COMPLIANCE WITH SAFETY CODES ................................................. 21
SECTION 11.2 UNSAFE WORK CONDITIONS ........................................................ 21
SECTION 11.3 CHEMICAL APPLICATORS PREMIUM ................................................. 21
SECTION 11.4 SAFETY COMPLIANCE.................................................................. 21
SECTION 11.5 IMMUNIZATIONS -.................................................................... 22
ARTICLE 12 - MANAGEMENT RIGHTS.........................................................22
ARTICLE 13 - PAY PERIOD ........................................................................22
ARTICLE 14 - WAGES, CLASSIFICATIONS AND MINIMUM RATES OF PAY..23
SECTION 14.1 SALARY PLAN - ADOPTION ........................................................... 23
SECTION 14.2 MINIMUM RATES OF PAY ............................................................. 23
SECTION 14.3 LONGEVITY ............................................................................. 23
SECTION 14.4 RECLASSIFICATION.................................................................... 23
SECTION 14.5 ACTING/OUT OF CLASSIFICATION PAY............................................. 24
SECTION 14.6 FIELD SUPERVISOR.................................................................... 24
ARTICLE 15 - EQUAL EMPLOYMENT OPPORTUNITY - NONDISCRIMINATION
.................................................................................................................25
ARTICLE 16 - HEALTH CARE AND LIFE INSURANCE...................................25
SECTION 16.1 MEDICAL/DENTAL COVERAGE ....................................................... 25
SECTION 16.2 EMPLOYEE CONTRIBUTION - HEALTH CARE INSURANCE COVERAGE ........... 26
SECTION 16.3 LIFE INSURANCE COVERAGE ......................................................... 27
SECTION 16.4 LONG-TERM DISABILITY INSURANCE (LTD) ............:......................... 27
SECTION 16.5 RETIREE HEALTH CARE SAVINGS ACCOUNT (VEBA) ............................ 27
SECTION 16.6 HEALTH CARE COMMITTEE ........................................................... 27
ARTICLE17 - PENSION .............................................................................28
ARTICLE 18 - WORKERS COMPENSATION PROGRAM.................................29
ARTICLE 19 - VOLUNTEER PROGRAMS ......................................................29
ARTICLE 20 - HOLIDAYS ...........................................................................30
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APPENDIX "E" a COMMUTE TRIP REDUCTION............................................48
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thirty (30) hours but less than forty(40) hours per work week on a
continuous basis with a weekly set schedule. Part-time employees may work
forty (40) or more hours per work week on occasion based on an operational
necessity. Leave benefits shall be prorated in accordance with the
percentage of full time hours compensated. Part-time employees shall be
entitled all other provisions of this agreement.
a. Grandfathered - Part-Time Employees: An employee who was hired on
or before December 31, 2013 to work a minimum of twenty one (21)
hours but less than thirty (30) per work week on a continuous basis.
Grandfathered part-time employees may work more hours per work
week on occasion based on an operational necessity. If a
grandfathered part-time employee transfers to another position within
the City or the incumbent severs employment with the City the
position will no longer be grandfathered. The vacated position's hours
must be increased to a minimum of thirty (30) hours per week in order
to retain benefits.
3. Temporary Limited Term Employee. An employee who is hired by the City to
work thirty (30) or more hours per week, not to exceed a two (2) year term
without the Human Resources Director's approval but in no circumstance will
exceed a four (4) year term. Term limited employee's body of work has a
clearly identifiable end that is naturally concluding rather than open-ended or
ongoing. Term limited employees shall be entitled all other provisions of this
agreement.
B. Non-Benefited Employees - Non-benefited employees shall not exceed 60,000 hours
per calendar year.
1. Seasonal Employee. An employee who is hired by the City to work thirty (30)
or more hours per week for a period of time not to exceed six (6) months.
The term of employment for a seasonal employee initiates in the month in
which they are hired. For example, if a seasonal employee is hired on March
1st or 31st, the month of March shall count as one month of employment.
The necessity of the employee and the body of work to be preformed is
dictated by a "season". The work will have predictable periods of activity and
inactivity. Seasonal employees are considered at-will employees and can be
disciplined and terminated without cause and cannot use the procedures
under Article 8 to grieve or otherwise appeal a discipline or a job separation
of any kind. Seasonal employees shall not be entitled to any other provisions
or benefits of this agreement, except as provided in Article 17; however,
seasonal employees may be eligible for membership in the Public Employees
Retirement System (PERS) as provided by state law.
Employees hired in this classification must have a minimum of twenty-six
(26) weeks/six (6) months of separation from City employment prior to being
eligible to be hired back into a temporary non-benefited position by the city.
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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 is covered by this
collective bargaining agreement and 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 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 seasonal, non-
benefitted part-time and variable hour 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 benefitted employees in the bargaining unit. Benefitted
employees shall be required as a condition of employment to pay initiation fees and
assessments as determined by the union.
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 Emplover
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.
Section 2.5 Payroll Deduction for DRIVE
The City shall, upon receipt of a written authorization form that conforms to legal
requirements and upon a minimum of 20 participating employees, deduct from the pay
of a bargaining unit employee the amount of contribution the employee voluntarily
chooses for deduction for political purposes and shall transmit the same to the Union, in
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receive a satisfactory performance evaluation during the twelve (12) month
probationary evaluation period.
B. Transferred or Promoted Employees. All benefitted 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 benefitted 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 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 3.1.13 Seniority Definition, and Section 3.2.A
Probationary period.
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to hire within a division any seasonal, variable hour, temporary limited term and
non-benefitted part-time employees while a benefitted employee is on the lay-off
list in that division.
H. Employees who accept a voluntary demotion in place of layoff shall have recall
rights, per Section 3.6, for the position from which they voluntarily demoted.
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 Human Resources 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 benefitted 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 not maintained or fails 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 benefitted 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
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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.
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 (11/2) 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
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Section 5.5 Schedule Chances - (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 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 prior to 9:00
pm 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. 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.
Employees who are required to return to work as the result of a call-back after 9:00 pm
shall receive a minimum of four (4) 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 prior to 9:00 pm after having returned home from
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Shift differential will not be paid for any time off on leave or for overtime hours worked.
Shift differential only applies to benefitted full time and, benefitted part-time
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.
Section 5.13 Leave Without Pay
All leave without pay use must be pre-approved by the employee's Manager,
Superintendent or designee. All appropriate leave must be used prior to leave without
pay being approved.
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 Human Resources 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.
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3. Suspension or demotion; and
4. Discharge
Disciplinary action will be tailored to the nature and severity of the offense.
Management maintains the right to take disciplinary action as they deem appropriate
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 Human Resources 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) Human Resources Director or designee;
d) An attorney representing the City of Kent in legal matters as approved by the
Human Resources Director; and
e) Employee's Union Representative upon written authorization from the Employee.
The Human Resources 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 Human Resources Department without authorization of
the Human Resources Director. All files will be allowed examination by an authorized
individual while in the presence of authorized Human Resources staff.
No materials shall be included in an Employee Personnel file without the knowledge of
the employee and the consent of the Human Resources Director, or designee.
Employees may submit letters or documents related to their employment to the Human
Resources 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.
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Seasonal employees as defined in Section 1.2.8.1 are considered at will and are not
subject to any part of this Article.
A. 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.
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 Human Resources Director, or designee within ten
(10) working days of the Step 2 response. The Human Resources
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 Human Resources 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
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is unsatisfactory to the parties presenting the grievance, the
grievance may, within ten (10) working days, be submitted to
committee comprised of two (2) union members, two (2)
employees designated by the City, and a neutral mediator such as
one from the Dispute Resolution Center of King County. The
committee shall make a determination and the decision of this
committee shall be binding.
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 Employer
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 shall
use of the City's equipment interfere with normal operations or service to the public.
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Section 11.5 Immunizations
The City shall provide all benefitted full time, benefitted part-time and temporary
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
benefitted employees on the fifth (5th) and twentieth (20th) of each month. In the
event the fifth (5th) or the twentieth (201h) 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
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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 Human Resources for evaluation. The
union will be copied on Human Resources' conclusion.
Section 14.5 Acting/Out of Classification Pav
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.
B. 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 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.
Section 14.6 Field Supervisor
The classification of Field Supervisor will be empowered and held accountable to
perform supervisory responsibilities in accordance with the City's policies, procedures,
and applicable laws. Responsibilities include, but are not limited to, assisting in
interviews; making recommendations to hire and train employees; planning, assigning,
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portion and fourteen percent (14%) of the dependent(s) portion of the health
care insurance premium paid into the employee's health care insurance program
for the revised health plan.
B. Employees shall pay nothing for the employee portion and two percent (2%) of
the dependent(s) portion of the health care insurance premium paid into the
employee's respective health care insurance program for option 3.
C. Employees shall pay nothing for the employee portion and nothing for the
dependent(s) portion of the health care insurance premium paid into the
employee's respective health care insurance program (HDHP) for option 4. The
employee shall be required to pay the minimum amounts into their HSA account
in the amounts specified in Section 16.1.
The parties agree to meet 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 monthly base salary stated in the plan document 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 (VEBA)
Effective April 2012, the employee contributions and the employer contributions of
twenty dollars ($20) per month, into the Retiree Health Care Savings Account (VEBA)
were discontinued. The contributions used for the Retiree Health Care Savings Account
(VEBA) were reallocated into the Western Conference of Teamsters Pension (WCTPT)
per Article 17; the employer contribution was equivalent to twelve cents ($0.12) per
hour.
Section 16.6 Health Care Committee
The Union will designate representative(s) to participate a Health Care Committee,
one of which will be the Union's Business Agent or designee, for the purpose of
negotiating health care plans and plan design.
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vi he Union at least two 2 weeks in advance of the meeting
The City agrees to provide t O g
an agenda outlining the topics which will be discussed.
The parties agree this committee shall not have the ability to alter the collective
bargaining agreement or change health and welfare plan costs and/or plan design
without a vote of the membership.
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) - The City shall submit
the amount stated below to the Western Conference of Teamsters Pension Trust
Fund on account of each of its benefitted full-time, benefitted part-time,
temporary limited term, variable hour, seasonal and non-benefitted part-time
employees who perform the represented work as noted in Section 1.1 of this
Agreement.
• Benefitted Full-Time, Benefitted Part-Time Employees. Effective
January 1, 2014, employees hired prior to December 31, 2013, will
have a one-time thirty-eight cents ($0.38) per hour reallocation to
their base hourly wage AND a one-time twelve cents ($0.12) per
hour reallocation, which represents the City's previous contribution
to the WCTPT and recognizes the City will no longer make any
further contributions to the WCTPT. This represents a total
reallocation of fifty cents ($0.50) per hour.
Employees in these classifications shall suffer a gross wage
reduction of eighty-seven dollars ($87.00) per pay period. Said
reduction shall be imposed regardless of the number of hours
compensated.
• Temporary Limited Term Employees. Employees in this
classification shall suffer a gross wage reduction of eighty-seven
dollars ($87.00) per pay period. Said reduction shall be imposed
regardless of the number of hours compensated. There shall be no
City paid contribution for employees in this classification.
• Variable Hour, Seasonal and Non-Benefitted Part-Time Employees.
Employees in these classifications shall suffer a gross wage
reduction of nine dollars ($9.00) per pay period. Such wage
reduction shall be imposed as long as the employee is in an active
status and regardless of hours worked. There shall be no City paid
contribution for employees in these classifications.
• The parties intend for this agreement to clarify that there shall be
no contribution to the Trust for cash outs of vacation,
compensatory time, or floating holiday upon separation of
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new activity may be scheduled.
ARTICLE 20 - HOLIDAYS
Section 20.1 Observed Dates
The following holidays shall be paid holidays for all benefitted 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.
In recognition of the union's ratification of this contract prior to November 15, 2013,
the City will provide one (1) additional personal holiday in 2014, not to exceed three (3)
personal holidays in 2014. The one additional personal holiday shall be used in 2014
and not be allowed to carry forward or have any cash out value.
Section 20.2 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 21 - SICK LEAVE
Section 21.1 Accrual Rate
Benefitted full-time employees will accrue eight (8) hours of sick leave for each
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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.
Sick leave shall be used in one-half hour (1/2) increments.
Section 21.5 .Prompt Notification
Employees incapacitated by illness or injury shall notify the City prior to their scheduled
starting time, except where there are extenuating circumstances. Notification shall
occur as defined by the employee's workgroup (e.g. text); however, the employee shall
not be required to make more than two (2) notifications per day. Failure of notification
may result in loss of paid sick leave for that day. The supervisor may not inquire as to
the employee's diagnoses or symptoms, but the employee shall indicate that the sick
leave is for a family member or themselves and if the sick leave qualifies for protected
leave (e.g. FMLA).
When a physician has verified in writing that the employee will be out for a clearly
defined period of time, the employee will not be required to contact their crew lead or
supervisor as indicated above. During periods of extended illness, employees shall
keep the Human Resources Department informed as to their progress and potential
date of return to work. The Human Resources 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 Human Resources 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.
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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.
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 Familv
A. Immediate family shall be defined as the following:
• Employee's Legal Spouse,
• State Registered Domestic Partner as defined in RCW 26.60.030
• 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)
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ARTICLE 24 - VACATIONS
Section 24.1 Accrual Rate
All benefitted 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
loth 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 benefitted 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 Scheduling
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;
vacation shall be used in one-half (1/2) hour increments. Once a vacation is approved
it will not be revoked without mutual consent.
If in the event the employee's vacation is cancelled by the City and the employee incurs
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.
This section shall not apply in the event of a natural disaster, threats/acts of terrorism
or any declared emergency.
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
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will not be eligible for another clothing allowance until the completion of their
one year probationary period. On the employee's first anniversary, they shall
receive a pro-rated portion of the allowance. The pro-rated portion shall be
figured on the number of pay periods between their anniversary date (consistent
with the process used for step increases) and the end of January of the following
year. For example: an employee hired on July 16, 2013, will receive $450 in
their first paycheck and then be eligible for $225 on July 16, 2014 (12
payperiods @ $18.75/payperiod); the employee shall then be paid the full
amount on the February 5, 2015 paycheck.
Seasonal, non-benefitted part time, and variable hour 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 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 City'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.
The maximum safety shoe allowance for benefitted full-time, benefitted part-
time and temporary limited term employees shall be one hundred seventy
dollars ($170.00), plus tax, per pair, as needed.
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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.
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 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.
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ARTICLE 33 - TERM OF AGREEMENT
This Agreement shall be in force and effect from January 1, 2014 through December
31, 2016.
Signed this day of December 2013, 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
BYE t BY , {rg I,
zekt Cooke, Tray eFy A. ompson,
r Ma or Secretary-Treasurer
BY \(/
Lorraine Patterson,
Human Resources Director
Approved as negotiated:
s
Teri Smith,
Labor Relations Manager
Approveras&'to form .., ._4
t
,,_Retf Fitzpatrick;flflYfl e m City Attorney
Attest:
BY
Ronald Mc,6re, City'Clerk
PALCC(Labor,Class&Comp)\Labor\UNI0MTEAMSTER12013 Negotiations7M 2014-16 Contract Final.doc
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APPENDIX "B" - BARGAINING UNIT CLASSIFICATION SCHEDULE
Benefitted Classifications (as per Section 1.2.A.1, 1.2.A.2, 1.2.A.2.a, 1.2.A.3):
Effective 1/1/14
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
SCADA Technician Range TM34
A salary schedule will be provided by January 15th on an annual basis.
Non-benefitted temporary Laborers (as per Section 1.2.13.1, 1.2.13.2 and 1.2.13.3) shall
assist the classifications listed above and be paid at least Washington state minimum
wage.
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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.
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APPENDIX "E" - 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.
PALCC(Labor,Class R Comp)\Labor\UNlON\TEAMSTER\2013 NegotiationslTM 2014-16 Contract Final.doo
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REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
YYSHIn Gi Ox
Reviewed by Director
Ori inator's Name: Patrice Gillum Dept/Div. HR Extension: 5292
Date Sent: 12/20/13 Date Required: 12/23/13
Return to: Teri Smith or Patrice CONTRACT TERMINATION DATE: 12/31/16
Gillum
VENDOR: Teamster's Contract DATE OF COUNCIL APPROVAL: 11/19/13
ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable
Brief Explanation of Document:
Teamster Union Contract negotiated for January 1, 2014 — December 31, 2016.
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
Received: 4
Approval of Law Dept.: ` �� 4 \ ti
V
Law Dept. Comments: *DEC41P2*013
KENT LAW DEPT.
I wett 111 an — Ig iuev z 23 13
Date or arde of Mayor:
S Ded By Administration Staff
Received: DEC 2 4 2013
'�I.of Kent RECEIVED
Recommendations and Co '�1I Uf the Mayor
VTTffi DEC 2 4 ' 3
Disposition: sf:-5 0, -=), C6KS
CITY OF KENT
CITY CLERK
Date Returned: 12 zq-�3