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HomeMy WebLinkAboutTEAMSTERS LOCAL 589, 2006-2008 LETTER OF UNDERSTANDING This letter of understanding is agreed to pursuant to Article 26.2 of the Labor Agreement by and between the City ofBremerton and the General Teamster's Local 589. Article 36, Section 36.4 is hereby amended as indicated by; strike-thrus and underlines as follows: into TEAMSTER'S LOCAL 589 .KE~~ Secretary/Treasurer LETTER OF UNDERSTANDING This letter of understanding is agreed to pursuant to Article 26.2 of the Labor Agreement by and between the City ofBremerton and the General Teamster's Local 589. Article 36, Section 36.1 is hereby amended as indicated by strike-thrus and underlines as follows: 1. In the event two (2) employees in the same classification have the same seniority date, seniority will be determined by going back to the original hiring register from which they were hired, and the employee with the highest overall score shall be considered to have the higher seniority. The remaining provisions of this Agreement shall remain in full force and effect. Dated this/.6" th day of October, 2008. FOR THE CITY OF BREMERTON FOR THE TEAMSTER'S-LOCAL 589 ~4~ CAROL S. CONLEY Human Resources Manager k~ Secretary/Treasurer ORDINANCE NO. 5003 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 2.09.020 of the Bremerton Municipal and Chapter 2.30 of the Bremerton Municipal Code relating to City employees covered under the City's Civil Service system. WHEREAS, Teamster employees not employed by the Police Department and the Fire Department are currently covered under the City's Civil Service system; and WHEREAS, Section 31 of the City's Charter authorizes the City Council to exempt certain employees from Civil Service coverage; and WHEREAS, the City Council desires to exercise its right to remove and exempt from coverage in the City's Civil Service system all City of Bremerton employees currently covered by civil service except those full time paid employees, including Teamster employees, employed by the Police Department and the Fire Department; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. All employees of the City of Bremerton currently covered by civil service, except those full time paid employees, including Teamster employees, employed by the Police Department and the Fire Department, are hereby removed and exempt from coverage in the City's Civil Service system as authorized by Section 31 of the City Charter. SECTION 1. Section 2.09.020 of the Bremerton Municipal Code entitled "Director of Financial Services and Division Managers - Positions Created and Appointment" is hereby amended to read as follows: 2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT. (a) Department Director - Appointment. There is hereby created the position of Director of Financial Services who shall be in charge of the Department of Financial Services and all divisions established thereunder. The Director of Financial Services shall have complete charge of all of the work of the Department and shall be responsible for hiring and supervising employees of the Department. The Director of Financial Services shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. All appointees to the position of Director of Financial Services are terminable at will by the Mayor as set forth in Chapter 2.05 BMC. (b) Division Managers - Appointment. There are hereby created the positions of Finance Officer, Human Resources Manager, City Clerk, Risk Manager, and Public Access Manager as managers for their respective divisions. The managers (hereinafter "managers" or 1 Civil Service "division managers") shall manage the operations of their respective divisions and shall report directly to the Director of Financial Services. The division managers shall be appointed by and shall serve at the pleasure of the Director of Financial Services, subject to the approval of the Mayor, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the division. All appointees to the division manager positions shall serve as "at will" employees subject to termination by the Director of Financial Services without cause at any time with no notice or hearing unless otherwise provided pursuant to an applicable ehril oorviee rule or regulation, the City Charter, ordinance, or terms and conditions as approved by the City Council. SECTION 3. Chapter 2.30 of the Bremerton Municipal Code entitled "Office of Civil Service" is hereby amended to read as follows: Chapter 2.30 OFFICE OF CIVIL SERVICE 2.30.010 CIVIL SERVICE COMMISSION. There is created in Article VI. (Sections 28 through 31) of the City Charter the City of Bremerton Civil Service system. The creation of the Civil Service Commission is set forth in Section 28 and its rules and powers are set forth in Section 29 of the Charter. 2.30.020 EMPLOYEES INCLUDED IN CIVIL SERVICE. All full time oaid emoloyees of the Police Department and the Fire Department are included in and covered by the City's Civil Service system. As authorized pursuant to Section 31 of the City Charter. all other employees of the City are exempt from the City's Civil Service system. 2.30.MOO30 DEPt-.RTMENT POSITION CREATED. There is created.1 in Section 30 of the City Charter the position of the Office of Chi I Serviee administered by the Civil Service Officer, who shall be a civil service eHlflleyee. 2.30.~40 DUTIES OF THE CML SERVICE OFFICER. The department Civil Service Officer shall be responsible for the following functions: (a) Design and conduct employee selection procedures for the Civil Service Commission. (b) (c) employees. (d) Provide for civil service employee classification as required by the work force needs of the City. (e) Coordinate hearings of appeals and other requests for relief made to the Civil Service Commission. (f) Conduct such investigations or perform such other duties as may be directed by the Civil Service Commission for the efficient administration of the civil service system. (g) Perform non-civil service duties as assigned. Maintain civil service records. Administer the City's Equal Employment Oppertunity Plan for civil service 2 Civil Service .. SECTION 4. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Efftctive Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the ...3A cL day of 6(1' J'-.A-I U A ) .,(L2' WILL MAUP , 2007 resident Approved this ~ day of ATTEST: APPROVED AS TO FORM: ~d~) CAROL E GEN, City, lerk GER A. LUBOVICH, City A 0 ey PUBLISHED the f7:A) day of EFFECTIVE the / R...Idt ) day of ORDINANCE NO. sntl3 ~~j ,2007 , 2007 R:\Legal\Legal\Ordinances\Civil Service\ Teamsters.doc 3 Civil Service AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS ARTICLE 22-GRIEVANCE PROCEDURE 22.1.1 Grievance - A grievance is an alleged contract violation, question, or challenge raised by a bargaining unit employee or the Union as to the correct interpretation or application of this Agreement by the City. Such allegation, question, or challenge is to be resolved through this Grievance Procedure. 22.1.2 Disciplinary Appeals - Bargaining unit employees who have been suspended, demoted or terminated may appeal their discipline either through the grievance procedure or to the Appeals Board (Civil Service Commission), but not both. ARTICLE 34 - DISCIPLINE 34.1 Prior to the imposition of any discipline or discharge of a regular employee, the Department will coordinate the action contemplated with the Human Resources Manager and City Attorney's office to ensure that the proper procedures are followed. 34.2 TYPES OF DISCIPLINE - Discipline shall be imposed for just cause. 34.3.1 The Department Director or Division Manager (except for termination of employment which can only be imposed by the Department Director) may administer the following types of discipline provided, however, the following list shall not be construed to set forth any necessary sequence of progressive discipline and does not limit alternative methods/forms of discipline: 34.3.2 Written reprimand. 34.3.3 Suspension without pay not to exceed thirty (30) days. 34.3.4 An alternative for suspension without pay may be a: a. Reduction in Step for a specified period of time, not to exceed an amount equivalent to five (5) days suspension. b. Reduction of accrued vacation leave by a specific number of hours, not to exceed five (5) days suspension. 34.3.4 Demotion. a. Demotion of a regular employee to a lower position for just cause may be made by the Department Director or Division Manager. If it is proposed that the employee be transferred to another department, the receiving Department Director must give approval. b. A regular employee so demoted shall lose all rights to a position in the higher class, and shall not, in the event of a layoff or reduction, be placed on a layoff reinstatement register for the higher class. 34.3.5 Termination. Page 1 of9 AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS 34.4 PRE-DISCIPLINARY HEARING 34.4.1 Priorto imposition of any discipline, a pre-disciplinary hearing shall be held within five (5) working days from the date the employee was advised of the proposed discipline to be taken... The regular employee shall be given an opportunity to respond to the charges, orally and/or in writing, as to why the department's proposed action should not be taken, and the date and time of the pre-disciplinary hearing. 34.4.2 The Department Director/Division Manager (as applicable) shall conduct the hearing. The employee may have legal counsel, union representative, and/or witnesses present at the pre-disciplinary hearing. The employee does not have the right to confront or cross examine witnesses of the City; however, he/she may ask questions at the discretion of the Department Head. 34.4.3 The Department Director/Division Manager shall present an explanation of the evidence at the pre-disciplinary hearing, which shall be sufficient to apprise the employee of the basis for the proposed action. 34.4.4 Within five (5) working days of the hearing, the Department Director/Division Manager shall advise the employee, in writing, of the outcome of the pre-disciplinary hearing, and the discipline to be imposed. 34.5 DISCIPLINARY APPEALS 34.5.1 Employees who have been demoted or whose employment has been suspended or terminated may appeal either through the grievance procedure or to the Appeals Board (Civil Service Commission), but not both. 34.5.2 If an employee elects to use the grievance procedure for his/her appeal, it will begin at Step 3 of the grievance procedure. 34.5.3 An employee who is issued a Written Reprimand shall be given the opportunity to have a letter of rebuttal attached to the charging document in response to the discipline taken; however, such letter shall be filed with Human Resources within fourteen (14) calendar days of issuance of the discipline, and such letter shall not be used or relied upon by either party in any later disciplinary hearings. ARTICLE 35 - SENIORITY Seniority shall be determined based upon years of continuous service within the bargaining unit. However, all seniority shall be lost after 12 months in layoff status, or upon leaving the bargaining unit for any other reason (e.g. resignation, termination or acceptance of a non-bargaining unit position). If a City employee is laid off and hired Page 2 of9 AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS back into a bargaining unit position within twelve (12) calendar months of layoff, then that employee shall have all previously earned bargaining unit seniority restored. ARTICLE 36 - LAYOFFS/RECALLS 36.1 Should the City decide to reduce the work force, layoffs (Reductions in Force {RIF}) shall be made as follows: A. By Classification and by Division. B. By Seniority: The City will provide at least thirty (30) days notice to the affected employees. The affected employees shall be the least senior employees within the division. Any temporary/probationary employee will be laid off prior to any regular employee being laid off. 36.2 Layoff Procedure. Employees who received R.LF. notices and were not placed in positions pursuant to this Collective Bargaining Agreement shall receive notice of layofftwenty (20) working days prior to the effective date of the layoff. A. All temporary and probationary employees in the layoff unit shall be laid off first. 36.3 BUMPING OPTIONS OF EMPLOYEES AFFECTED BY REDUCTION IN FORCE (RIF) - Employees receiving R.LF. notices shall be offered these options which may be available within the bargaining unit, and will be given reasonable time to consider these options: A. A transfer to a vacant position within the same city-wide classification (e.g. Office Assistant Senior) and with no reduction in pay. B. The right to bump the least senior occupant in a classification in the same pay range in the department, whether or not the employee holds previous status, provided he/she meets the minimum qualifications, has greater seniority, and can perform the full range of duties of the position with a brief orientation or familiarization period (up to 45 calendar days). C. The right to bump the least senior occupant in a lower classification in the bargaining unit or division, whether or not the employee holds previous status, provided he/she meets the minimum qualifications and has greater seniority. 1. Bumping permitted by paragraphs B and C above to positions not previously held shall be made without examination, but a six (6) month probationary period shall be mandatory. Such probationary period shall only be based upon ability to perform the essential functions and duties of the position. If employee is not able to perform Page 3 of9 AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS the essential functions and duties of the position, then they will be laid off and placed on the lay-off register. Bumping to positions previously held shall be allowed without examination or a probationary period. D. The right to bump the least senior occupant in a lower classification in a division that the employee had previously transferred or promoted out of. 1. Seniority for the purposes of this provision shall be that seniority credit the employee had at the time he or she transferred out of the position. The right to bump into a lower classification shall terminate two (2) years after the transfer out of the bargaining unit. 36.4 In addition, an employee receiving a R.LF. notice may apply for any currently available promotional opportunities, subject to meeting the minimum requirements for any position for which they are applying. 36.5 Placement of Laid - off Employees on Layoff Register. The names of regular employees who have been laid off shall be placed on a layoff register rated by seniority (the most senior by classification or division). 36.5.1 Layoff registers shall be maintained by the Human Resources Department in coordination with the Union 36.5.2 An employee's name shall remain on the register for eighteen (18) months from the date of layoff. 36.5.3 An employee who has bumped to a lower position shall be reinstated to his/her former position, provided a vacancy occurs within the eighteen (18) month period. 36.5.4 An employee's name shall be removed for any of the following reasons: A. Inability to contact the employee by certified mail at the employee's last known address. B. Rejection by the employee of an offer to return to a vacancy in the job classification or division held previous to layoff. C. A written statement by the employee that he/she has no further interest in returning to City of Bremerton employment. 36.6 Recall From Layoff. 36.6.1 Upon notification by the Human Resources Department that a vacancy exists, the affected department director shall contact the most senior candidate from the appropriate layoff register and offer himlher the Page 4 of9 AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS position. If the most senior candidate rejects the position, then the next senior candidate shall be offered the position, and so on. The City shall notify the Union of any recalled employee. 36.6.2 In the event the appropriate register is exhausted, an employee on another layoff register shall be recalled to a classification vacancy, provided that either the employee meets the minimum qualifications or the special qualifications, training, or skill required for the position can be obtained through a short orientation or familiarization period of up to forty-five (45) calendar days, and provided the employee makes written application for the vacancy. In no event shall any employee be recalled into a classification higher than that from which he/she was laid off. Such employee shall be subject to a probationary period in the new position subject to section 37.6.1. 36.6.2.1 The Human Resources Department shall exhaust the appropriate layoff register before opening the position to new hires. 36.6.2.2 An employee recalled will be required to pass a physical exam, if required for the position, in order to determine if he/she is physically able to perform the essential functions and responsibilities of the position. 36.7 Reinstatement. An employee who is laid off may be reinstated to a vacancy within eighteen (18) months of layoff without competition. Such employees shall be credited with: A. Seniority and step increase dates adjusted for the time laid off shall be subject to section 36.8 C; B. The previous rate of sick leave and vacation accrual based on years of service as of the time of layoff; C. Reinstatement of previous sick leave accrual balances. D. Regular status only if reinstatement is to the same division from which layoff occurred and if regular status had been previously attained; E. Benefits in accordance with any restrictions or waiting period imposed by plan documents. (Medical/Dental/Life). 36.7.1 Any employee who is reinstated from a layoff register to a classification or division not previously held shall be: 1. Required to serve a three (3) month probationary period. A reinstated employee who fails to complete the probationary Page 5 of9 AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS period shall be returned to the layoff register for the remainder of the eighteen (18) month period established by the date of the original layoff; 2. Given new seniority and increment dates for pay purposes (i.e. longevity, annual step increases); 3. Given the previous sick leave accrual balances. 4. Given benefits in accordance with any restrictions or waiting period imposed by the plan documents. (Medical/Dental/Life). 36.8 Recall Notification. A. Laid-off employees shall be carried by the City on a lay-off register for a period of eighteen (18) months, and shall be notified of any openings for which they are eligible. Eligible, for purposes of this Article, shall mean that the employee has previously held regular status in the classification and has not been demoted from the classification. No vacancies shall be posted, advertised or filled while there is an eligible employee on the lay-off list. An employee on the lay-off list may refuse to return to a lesser position than that from which they were laid-off without loss of all recall rights. An employee may not refuse to return to the classification from which they were laid off without loss of all recall rights. B. A recalled employee shall return on the date and time set by the City, which in no event shall be sooner than two (2) weeks from the time the employee was mailed a notice or recall to the last known address of the employee, unless by mutual consent to an earlier starting date. No temporary employees shall be hired to do bargaining unit work by the department while any regular employees are in lay-off status. c. Employees rehired from the lay-off list shall not suffer any loss of seniority or benefits as a result of lay-off, but shall not accrue seniority, wages, or benefits during lay-off. D. The lay-off or recall from lay-off procedures set forth above will be administered in a manner that does not unfairly discriminate against any individual employee. ARTICLE 37 - PROMOTION 37.1 Should a position vacancy occur, as determined by the City, the City shall be required to consider, but not necessarily select, candidates for promotion from within the bargaining unit before selecting employees from outside the bargaining unit. In any event, the City may select the applicant who, in the Page 6 of9 AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS City's opinion, is the best qualified for any position opening in the bargaining unit, from any source whatsoever. Vacancies will be posted internally for no less than five (5) working days. A. A bargaining unit employee who is promoted shall be placed at the closest step in the new range that provides at least a five percent (5%) increase in salary and does not exceed the maximum of the pay range. B. The promotional probationary period shall be six (6) months. 37.2 The promotional probationary employee who fails to successfully complete probation shall be demoted to the lower position from which he/she was promoted. Such determination shall be made at the sole discretion of the City and the reasons shall not necessarily constitute just cause. ARTICLE 38 - EMPLOYMENT INFORMATION & GUIDELINES 38.1 General Guidelines for Employment 38.1.1 Non-discrimination - The City shall not discriminate against any City employee or any applicant for employment on the basis of race, religion, color, national origin, gender, age, sexual orientation or disability 38.1.2 Basis of Employment - All employment with the City shall be based on merit, knowledge, skill, ability qualification and moral fitness as evidenced by: A. Education, training and experience as reflected by the application form resume' and other documentation of certification, registration, etc. B. Written and/or performance tests (when applicable). C. After a conditional offer of employment is made, pre-employment physical and drug testing (if applicable to the position) shall be required to determine whether the individual can effectively perform the essential functions and responsibilities of the position for which they are being considered with or without reasonable accommodation. Such physical examination shall be performed by a city-designated physician and laboratory and paid for by the City. D. Background investigation including criminal history, credential/degree verification and reference checks as allowed by law. Page 7 of9 AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS 38.2 Nepotism 38.2.1 It is the City's policy that immediate family members of City employees will not be hired if: A. One member would have the authority or be in a position to supervise, hire, remove or discipline the other; or B. One member would be responsible for auditing or evaluating the work of the other; or C. Other circumstances exist which would place the relatives in a situation of actual or reasonably foreseeable conflict between the City's interest and their own. 38.2.2 The City conducts open and competitive hiring processes. Preference will not be given to candidates who are immediate family members. 38.2.3 Immediate family for purposes of this Article shall be defined as: Spouse, child, brother, sister, parents, grandparents, step relations, in-laws, dependents and anyone residing in the employee's household. 38.2.4 Relationship Occurring During Employment - When a relationship, as defined under immediate family in this Article occurs during employment, the two (2) affected employees may remain in their current positions provided they are not in conflict with the restrictions identified in this Article. If a conflict is created by the relationship, the City will attempt to arrange a transfer or change in position. If a suitable transfer/change in position is not available, one of the employees will be separated from City service. Every attempt will be made to effect transfer or separation on the basis of agreement between the employees involved and the City. If a mutual agreement is unattainable, the Mayor will determine, in the City's best interest, the employee to be transferred or separated. 38.3 Vacancy Announcements - The City shall post announcement notices of position vacancies in the local newspaper, on City internal and external web sites, in all City departments and an electronic copy to the Union within five (5) working days from the date the position is posted on the City's web sites 38.4 Examinations or Testing - Appointments shall be made according to skill, ability, qualification, merit and fitness, which shall be ascertained by examinations conducted under the guidance of the Human Resources division. 38.4.1 Examinations may be assembled or non-assembled, and may include written, oral, physical tests, performance tests, interviews, ratings, Page 8 of9 AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS training, experience, computer-based examinations, criteria rating forms, or any combination of these. 38.5 Promotions 38.5.1 The City shall make a reasonable effort to offer promotional opportunities to current employees when possible. 38.5.2 Promotional po stings shall be placed on the City's internal web site and copies sent to all departments for posting on the Union bulletin boards, to the Union and shop stewards. 38.5.3 Current bargaining unit employees who successfully complete the examination/testing process for promotion will have seven and one-half percent (7.5%) of their PASSING score added to their final score. 38.5.4 Human Resources will develop a policy for rating candidates for promotional opportunities. 38.5.4 If the Department Director in the department where a vacancy exists proposes to fill such position through the promotional process, he/she shall have the sole discretion to determine whether or not to consider transfer requests fro the position from other bargaining unit employees in the same classification as the position vacancy. Such decision will be included in the promotional announcement. ARTICLE 39 - UNION BULLETIN BOARDS 39.1 With the elimination of Civil Service for bargaining unit employees, the former Civil Service Bulletin Boards shall be designated as Union bulletin boards. 39.2 Union Bulletin Boards shall be used exclusively to post Union notices of meetings, social events, job po stings and other related union business. It shall be the responsibility of the shop stewards to monitor the bulletin boards to ensure they are being utilized for those purposes only. ARTICLE 40 - OTHER ISSUES RELATING TO CONVERSION FROM CIVIL SERVICE The City and the Union agree that any issue that arises in relation to the conversion from Civil Service until a successor contract is ratified by both parties shall be addressed in Joint Labor Management Committee meetings. Page 9 of9 Nature Page 1 of 1 Cherie Henry From: Carol Conley Sent: Friday, October 12,200711:41 AM To: Allison Daniels; Alyce Fierro; Andrew Oakley; Angela Woods; Ann Finnegan; Anthony Nelson; Arthur McCarty; Barbara Forbes; Barry Mitchell; Becky Hoffman; BJ Bach; Bonnie Groneman; Bonnie Krause; Bonnie Mcintosh; Brad Ginn; Brian Spilman; Brian Thompson; Caroline Bushey; Cathy Mattson; Chad Hantelman; Chance Berthiaume; Charles Ernst; Cherie Henry; Chris Mottner; Christine Kuykendall; Clinton Ratliff; Colen Corey; Corinne Kuhns; Curtis Hogenson; Cynthia Engelgau; Dan Heistand; Dan Lowe; Daniel Adams; Darrell Clauson; Darrell Zinter; Dave Boynton; Dave Carter; Dave Sorensen; David Buffington; Dawn Nelson; Debbie Williams; Deborah Silberstein; Dennis Hughes; Derek Skanes; Don Hock; Donna Goodwin; Earl Varner; Eduardo Aban; Elena Rinonos; Elise Berg; Felicia Brown; Frank Harer; Gemma Frary; Geoff Shafer; Geoffrey Wentlandt; Greg Cryder, Gunnar Fridriksson; Harry Repine; Heather Souza; Holly Peterson; Ian Coen; Jacquelyn Horton; James Dean; Jane Rebelowski; Janet Lunceford; Janet Martelle; Jay Beahm; Jay Watson; Jeanette Wischhoefer; Jeff Collins; Jeff Ingham; Jeremy Logan; Joe Keller; Joe _Stansbery; John Bykonen; John Fleming; Joyce Brown; Judi~ Carlson; Karen Fountain; Kari Bradley; Karla King; Karla Pijaszek; Kathryn Kelleigh; Kelsie Donleycott; Ken Donleycott; Kevin Golnik; Kevin Matthew; Kris Fite; Large Conference Room; Larry Craze; Larry Hill; Larry Matel; Larry Mixer; Larry Reed; Larry Willman; Lena D'Agostino; Lisa Campbell; Lisa Garland; Lonnie Dehart; Lynn Fowler, Lynn HOrlsh; Marie Hansen; Mark Amundson; Mark Klinefelter; Martin Garland; Maryellen Babbitt; Matt Donleycott; Matt Smalley; Matt Thuring; Matthew Musselwhite; Matthew Strombach; McKee Mosher; Michael Bishop; Michael Westby; Mike Mcintyre; Mike Wright; Montee Geister; Nancy Jenkins; Nicole Ward; OngHong Smith; Pam Ransier; Pat Jacobsen; Patricia Pod; Patrick Conroy; Patty Shinkaruk; Paul Wandling; Peter Voight; Rena Brown; Rick Zimburean; Rob Ader; Robb Short; Robert Bremea; Robert Elsen; Robert Tomlinson; Robert Zurbrugg; Rodney Rodenhurst; Rodney Turner; Ron Klemm; Scott Corey; Scott Evans; Scott Moran; Sharon Holguin; Shaun Tassano; Sheree Jankowski; Steve Murphy; Steve Mutek; Steve Reed; Ted Danielson; Teddy Lyon; Terrie Kirchner; Terry Grocott; Terry Murphy; Timothy Hughes; Tina Coats; tom Baker; Tony Moore; Ty Thorsen; Valarie Wolf; Valerie Koehler; Vicki Fleming; Victor Messing; William Davis; William Rieger Cc: 'Ken Troup' Subject: Seniority Article - Corrected version with 18 months ALL: The Seniority article included in the changes to the Collective Bargaining Agreement that I sent you yesterday, still had the seniority rights expiring at one year instead of the agreed upon 18 months. Below is the corrected language that was agreed to by the City and Teamsters negotiating team and which now coincides with Article 36 - Layoffs/ Recalls: ARTICLE 35 - SENIORITY Seniority shall be determined based upon years of continuous service within the bargaining unit. However, all seniority shall be lost after 18 months in layoff status, or upon leaving the bargaining unit for any other reason (e.g. resignation, termination or acceptance of a non-bargaining unit position). If a City employee is laid off and hired back into a bargaining unit position within 18nmonths of layoff, then that employee shall have all previously earned bargaining unit seniority restored. Carol 12/12/2007 DA TE SUBMITTED: March 20, 2007 BILL # 07-D7fo AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ NO. 5003 ' SUBJECT: Ordinance amending Section 2.09.020 of the BMC and Chapter 2.30 of the BMC relating to City employees covered under the City's Civil Service System. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: March 28, 2007 qe:f.3~iJ...a07 Aflril4, 2007 ~'l /lh ;?t91:7 Financial Services Carol Conley, HR 473-5347 SUMMARY: This Ordinance under Chapter 2.30 of the Bremerton Municipal Code removes and exempts from coverage in the Civil Service System all City of Bremerton employees currently covered by Civil Service except those full time paid employees, including Teamsters employees, employed by the Police Department and the Fire Department; clarifies duties of the Civil Service Officer; and amends Section 2.09.020 Director of Financial Services and Division Managers - Positions created and appointment, to delete the reference to Civil Service. ATTACHMENTS: Ordinance No. 5003 and explanatory memos. FISCAL IMP ACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ~n>td (7. . )f,brrt: iLL ~i C NSENT AGENDA GENERAL BUSINESS PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve Ordinance No. 5003, which amends Chapter 2.30 and Section 2.09.020 of the Bremerton Municipal Code and autliorize the Mayor to finalize and execute an amended contract with Teamsters Local 589 with substantially the same terms and conditions as presented. COMMITTEE CHAIR COUNCIL PRESIDENT: // COUNCIL ACTION: IJ6 Approve 0 Deny D Table o Continue 0 No Action Memo To: City Council Mayor Cary Bozeman From: Carol S. Conley, Manag Date: March 7, 2007 Re: Removing Teamsters employees from Civil Service Coverage / OVERVIEW: In 2005, the City Charter was amended. One of the amendments changed the authority over who determined which employees retain Civil Service protection. Previously, this was determined by the Civil Service Commission, however, it is now included within the powers of the City Council. Under State law, members of the Police Department and the Fire Department are required to have Civil Service Coverage, including those with collective bargaining agreements (CBA). Bremerton is only one of five (5) other jurisdictions in the State that provide Civil Service (CS) protection to general non-exempt employees, in Bremerton's case it is the Teamsters bargaining unit. The other five jurisdictions are: . Yakima · Spokane · Bellingham · Everett . Tacoma Before collective bargaining agreements, Civil Service was put into place to: . Prevent favoritism; . Cronyism; and · Ensure a fair and impartial process existed for hiring, promotions and retention of employees. With the advent of collective bargaining and Public Employee Relations Commission, the majority of general employees in the public sector had these protections placed into their collective bargaining agreements. The City has tried several times during the collective bargaining process, to integrate the Civil Service provisions into the actual Agreement with little success. The biggest stumbling blocks for the Teamsters have been: · Their fear that the Civil Service protection would be eroded during the bargaining process over time; and · That any disciplinary appeals would need to go through the grievance procedure and arbitration, thereby creating additional expenses for the union and employees, instead of the Civil Service Appeal process. It is the City's desire to eliminate Civil Service coverage for Teamsters employees, but to incorporate similar provisions relating to disciplinary appeals in the Collective Bargaining Agreement. THE CURRENT CIVIL SERVICE SYSTEM: · Is Outdated; · Hinders establishing a more modernized hiring process; · Severely restricts timely hiring of qualified candidates; · Does not permit the involvement of those in the hiring department who are most knowledgeable of the position requirements and how an individual applicant would fit into the current departmental organization until after applicants are placed on the Eligible register; · Causes us to lose good candidates for positions because other employers were able to work more quickly in hiring. WHAT IS NEEDED: A high-performance government that is more responsive to public needs, its employees and management will happen by: · Reforming the cumbersome Civil Service job classification system to reduce complexity, and to improve efficiency, job mobility and career advancement; . Page 2 · Implementing modern, flexible human resource management tools to assist departments in providing more effective and cost-efficient services to meet citizen and business needs. For managers, reforming this system means: · More flexibility and speed in recruiting, hiring and promoting employees; · Ability to change the work that is done to match changing business and service needs; and · Relief from the bureaucracy of the current Civil Service system. CS APPEAL PROCESS VS. GRIEVANCE PROCEDURE: One of the Teamsters main concerns has been using the CS Appeal process for disciplinary appeals instead of through the grievance arbitration process for monetary reasons as follows: · CS appeals do not cost either the union or the employee anything, unless they involve their own legal counsel. · An arbitrator costs anywhere from $500 to $800 per day, and the City and the Teamsters incur legal expenses preparing for and in participating in the process. It is the City's intent and the proposal of the Human Resources Division to address these concerns through impact bargaining. Under this proposal, the Teamsters would not be part of Civil Service but the Civil Service Commission would be acting as an appellant board for such appeals. The current Civil Service hiring provisions would not be rolled into the CBA. Some of the other Civil Service Code Rules that the Teamsters would also have issues on may be as follows: · RETREAT RIGHTS OF CERTAIN EXEMPT EMPLOYEES (This only applies to several employees who were formerly covered by Civil Service and accepted Management/Professional positions. It gives them the right to revert back to their previous Civil Service position should their management/professional position be eliminated, and under the lay-off provisions, allows them to displace a probationary employee or an employee with less seniority). · HIRING PROCESS · ELIGIBLE REGISTERS · DISCIPLINE · BUMPING RIGHTS DUE TO REDUCTIONS IN FORCE (Layoffs) . Page 3 All of the above matters and any others of concern to the Teamsters will be addressed during impact bargaining for their inclusion in the Teamsters Labor Agreement. Staff recommends that the Council support the elimination of Civil SeNice coverage for members of the Teamsters' bargaining unit except those employed in the Police or Fire Department for the reasons as outlined in this memo. . Page 4 Memo To: City Council From: Carol S. Conley, Human Resources Manager CC: Laura Lyon, Director of Financial Services Ken Bagwell, Assistant City Attorney Date: October 2, 2007 Re: Results of Teamsters vote to remove Civil Service protection for bargaining unit members If you will recall, around the beginning of 2007, we began impact bargaining with the Teamsters on the City's proposal to remove Civil Service protection for their membership. After months of negotiations, we were successful in mutually agreeing to amend the current Teamsters collective bargaining agreement by incorporating some former Civil Service provisions and other items of concern into the Agreement. After several meetings with their membership and further refinement of the proposed changes to the Agreement, they did a mail out ballot to their membership on or about September 17th. On Monday, October 1, 2007, we were advised by Teamsters Business Representative, Ken Troup, of the results from ballots sent to their membership regarding removing Civil Service protection for bargaining unit members. Of the 51 votes cast. the final ballot tabulation results are as follows: 35 votes cast to remove Civil Service protection, and 16 votes cast to retain Civil Service protection The following Articles will be amended or added to the current Agreement to incorporate all agreed upon changes: Article 22 - Grievance Procedure: Clarifies Grievance definition and resolution of same, and allows disciplinary appeals to be filed either through the grievance procedure or to an Appeals Board, but not both. Article 34 - Discipline: Incorporates former Civil Service protection on discipline with just cause, pre-disciplinary hearings and disciplinary appeals. Article 35 - Seniority: Explains how seniority is determined for use in layoffs/recalls. Article 36 - Layoffs/Recalls: Provides for a layoff procedure, bumping options, recall from Layoff, recall notification and reinstatement provisions. Article 37 - Promotions: Gives consideration to bargaining unit members for promotions. Article 38 - Employment Information & Guidelines: Outlines hiring guidelines including non-discrimination, basis for employment, anti-nepotism, announcements, examinations, testing requirements, and promotional process. Article 39 - Union Bulletin Boards: Converts Civil Service bulletin boards to Union bulletin boards for posting notices, etc. Article 40 - other Issues Relating to Conversion from Civil Service: For future issues that may arise in relation to the conversion from Civil Service until a successor agreement is ratified. City-wide Light Duty Policy: Incorporates former Civil Service language into a formal HR Policy for use city-wide. We have also prepared a formal Hiring Guidelines Policy that will streamline the hiring process and cover those employees affected and Management/Professional positions as well. It will be implemented immediately following approval of this action. What this all means is that we can now move forward to have the City Council take formal action on this issue. After review by the City Attorney and Laura Lyon, it is our recommendation that this be approved by Council. . Page 2 LETTER OF UNDERSTANDING This letter of understanding is agreed to pursuant to Article 25.2 of the Labor Agreement by and between the City of Bremerton and the General Teamster's Local 589. Pursuant to Article 27, Section 27.1 Temporary Assignment, the City and the Union agree to extend the Temporary Assignment of Pam Ransier, Office Assistant Senior, in the Department of Community Development for an additional six (1) months (January 1, 2007 through June 30, 2007). The purpose of this extension is to allow for testing, interviews and creation of a register for the position of Office Assistant Senior Specialist. The rema~' ning rovisions of this Agreement shall remain in full force and effect. I. f~ ~1 Dated this day or ~. · FOR THE CITY OF BREMERTON FOR THE TEAMSTER'S LOCAL 589 ~~~ Human Resources Manager ~ Secretary IT reasurer ,~)~" : .:~~~; " A~~DVV0M:mN1j~" "!!~~)( . ~~.. it . ',. . cAt' }.;{ ,",,- ,7. ,~;4? '~~1 , . " ' ;:,,:..< : >, < ' jk.:, '>>, MSTERS'r:O~AL UNION NO. 589 '" . '~y;' .wt;~~c,;;c'f,+ . . "~'V;' )\ '\<i;~~" :~" MERIDON'>' i~~~(", ,4tr,;t,,, ;'~ti "~, .~~f. ,': ....~~; JaI!~ary 1, 200~;tHro\lghDecel!!lJ~r 31/~~08 :":)f \<,",,' -':t:Y'" ~',:~:t c' ~ '::,,;+\l,~,' ': ~ ':t:' > ".<-, : >.~'":<^; ~~s?;:" , ","S' TABLE OF CONTENTS TO THE AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND GENERAL TEAMSTERS LOCAL UNION NO. 589 JANUARY 1,2006 THROUGH DECEMBER 31,2008 PREAMBLE ......... ...................................................................................................................................................4 ARTICLE 1 ........... Non-Discrimination .................................................................................................................4 ARTICLE 2 ........... Recognition...............................................................................................................................4 ARTICLE 3 ........... Union Dues ..............................................................................................................................5 ARTICLE 4 ........... Union Access ...........................................................................................................................6 ARTICLE 5 ......... .. Wages........................................................................................................................................ 7 ARTICLE 6 ........... Hours of Work ..........................................................................................................................9 ARTICLE 7 ........... Overtime ......................................................,.........................................................................10 ARTICLE 8.......... . Probationary Period................................................................................... .12 ARTICLE 9 ............ Vacation Leave .................................:....................................................................................12 ARTICLE 10 ......... Holidays .................................................................................................................................15 ARTICLE 11 ......... Sick Leave And Industrial Disability .....................................................................................16 ARTICLE 12 ......... Other Paid Leave ...................................................................................................................19 ARTICLE 13 ......... Retirement Benefits .........................:......................................................................................20 ARTICLE 14 ......... Insurance Benefits .................................................................................................................20 ARTICLE 15 ........ . Work Related Expenses......................................................................................................... .21 ARTICLE 16 ......... Subcontracting Work .............................................................................................................25 ARTICLE 17 ......... Municipal Court Non-Civil Service Employees Employment Rights....................................25 ARTICLE 18 ......... Drug Free Work Place .... ............... ...... ......... ........... ................ ...... ........................ .......... ......26 ARTICLE 19 ......... Bus Passes ............................................................................................................................ ..27 ARTICLE 20 ......... Management Rights ....,..........................................................................................................27 ARTICLE 21 ......... Work Stoppages .....................................................................................................................27 ARTICLE 22 ......... Grievance Procedure ..............................................................................................................27 ARTICLE 23 ......... Severability ........................................................................................................................... .29 ARTICLE 24 ......... Entire Agreement ...................................................................................................................29 ARTICLE 25 ......... Conflicting Provisions ...........................................................................................................29 ARTICLE 26 ......... Labor Management Committee .............................................................................................29 ARTICLE 27.... .....Job Sharing ,.............................................................................................................................30 ARTICLE 28 .......... Temporary Assignment And Special Assignment...................................................................31 ARTICLE 29 .......... Wastewater Treatment Plant Employees .................................................................................31 ARTICLE 30 ....... Teamsters Supplemental Pension Plan ...................................................................................32 ARTICLE 31 ...... ..Downtown Parking................................................................................... ....32 ARTICLE 32...... ...Automatic Promotion from Planner I to Planner II.........................."...."...."....".. 32 ARTICLE 33 ..... ...Term................................................................................................ ........32 APPENDIX A ...................................................................................................................................................... ..34 COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31, 2008 Page 2 of37 ALPHABETICAL SUBJECT INDEX APPENDIX A ...................................................... ..................................... ............................................................ .34 AUTOMA TIC PROMOTIONAL FROM PLANNER I TO PLANNER II ARTICLE 32........................... 32 BUS PASSES ............................ .................. ................... ........... ................ . ARTICLE 18 .... ............... .................. 27 CONFLICTING PROVISIONS ................................................................ ARTICLE 24 ..................................... 29 DOWNTOWN PARKING. ......... .......................................... ... ..ARTICLE' 30 ............................ 32 DRUG FREE WORK PLACE .................................................................. ARTICLE 17 ..................................... 26 ENTIRE AGREEMENT ........................................................................... ARTICLE 23 ..................................... 29 GRIEVANCE PROCEDURE ................................................................... ARTICLE 21 ..................................... 27 HOLIDAYS ............................................................................................... ARTICLE 9 ....................................... 15 HOURS OF WORK ................................................................................... ARTICLE 6 ......................................... 9 INSURANCE BENEFITS ......................................................................... ARTICLE 13 ..................................... 20 JOB SHARING .......................................................................................... ARTICLE 26.......................................30 LABOR MANAGEMENT COMMITTEE ............................................... ARTICLE 25 ..................................... 29 MANAGEMENT RIGHTS ...................................................................... . ARTICLE 19 ..................................... 27 MUNICIPAL COURT NON-CIVIL SERVICE EMPLOYEES EMPLOYMENT RIGHTS .................................................................... ARTICLE 16 .....................................25 NON-DISCRIMINATION ........................................................................ ARTICLE 1 .........................................4 OTHER PAID LEAVE ............................................................................. ARTICLE 11 ..................................... 19 OVERTIME ........................................... ..................... ............................. . ARTICLE 7 ....................................... 10 PREAMBLE.............................................................................................. .............................................................. 4 PROBATIONARY PERIOD..................................................... . ARTICLE 8........................................12 RECOGNITION ......................................................................................... ARTICLE 2 ......................................... 4 RETIREMENT BENEFITS ....................................................................... ARTICLE 12 .....................................20 SEVERABILITY ....................................................................................... ARTICLE 22 ..................................... 29 SICK LEAVE AND INDUSTRIAL DISABILITy.................................. ARTICLE 10 ..................................... 16 TEAMSTERS SUPPLEMENTAL PENSION PLAN............... ......... ..ARTICLE 29...... ... ............ ...... ..32 TEMPORARY ASSIGNMENT AND SPECIAL ASSIGNMENT ........... ARTICLE 27.......................................31 SUBCONTRACTING WORK .................................................................. ARTICLE 15 ..................................... 25 TERM ........................................................................................................ ARTICLE 31 ..................................... 32 UNION ACCESS ...................................................................................... ARTICLE 4 .........................................6 UNION DUES ........................................................................................... ARTICLE 3 ......................................... 5 VACATION LEAVE ................................................................................ ARTICLE 8 ....................................... 12 WAGES ...................................................................................................... ARTICLE 5 ......................................... 7 W ASTEW A TER TREATMENT PLANT - EMPLOYEES ...................... ARTICLE 28.......................................31 WORK RELATED EXPENSES ................................................................ ARTICLE 14 ..................................... 21 WORK STOPPAGES ............................................................................... ARTICLE 20 ..................................... 27 COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31,2008 Page 3 of3 7 AGREEMENT BY AND BETWEEN CITY OF BREMERTON and GENERAL TEAMSTERS LOCAL UNION NO. 589 JANUARY 1,2006 THROUGH DECEMBER 31,2008 PREAMBLE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City", and the General Teamsters Local Union No. 589 hereinafter known as the "Union" for the purpose of setting forth the wages, hours and working conditions which will be in effect during the term of this agreement for employees included in the bargaining unit described in Article 2 below. ARTICLE 1 NON-DISCRIMINATION 1.1 Non-Discriminatory Application- The provisions of this Agreement will be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, religion, national origin, political affiliation; or mental, physical or sensory handicap, unless based upon a bona fide occupational qualification. 1.2 Non-Discrimination--Union Activity - The provisions of this Agreement will be applied equally to all employees in the bargaining unit without discrimination as to Union affiliation or legal Union activity or lack thereof. The City and the Union will each be responsible for complying with this provision. ARTICLE 2 RECOGNITION 2.1 Represented Emplovees - The City recognizes the Union as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all full-time employees in regular positions and part-time employees in regular positions in classifications set forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement by mutual agreement or by official action of the Public Employment Relations Commission. 2.2 Classifications Excluded - The classifications of elected officials, appointed officials on part-time boards and commissions, city attorneys, department heads and their assistants, and supervisors (unless specified in the union recognition section) are not included and will not be added to the bargaining unit. 2.3 Emplovees Excluded: COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2006 through December 31, 2008 Page 4 of37 2.3.1 Seasonal employees are employees used by the City to handle peak work load periods. Seasonal positions will be used for no more than eight (8) months in a calendar year in accordance with City Policy. 2.3.2 Temporary employees are employees used by the City for specific projects or programs, or to replace employees temporarily unable to work per Article 27.1. 2.3.3 Project temporary employees are assigned for the term of a specific project or program and may exceed one (1) year, provided, however, that the term of the assignment may be further extended by mutual agreement of the parties, and such employees shall be members of the union as per Article 3. 2.3.4 All other temporary employees shall be excluded from the bargaining unit with the understanding that neither the employees nor the positions will be used for more than a total of 12 months in accordance with the applicable Civil Service Rules. 2.3.5 Confidential employees regardless of the classification they occupy. 2.4 New Classifications - In the event the City creates a new position or reclassifies an existing position proposed to be exempt from the bargaining unit, the Union will be notified in writing. In the event that the Union disputes the City's proposed exemption of the new position from the bargaining unit,.the Union will provide written notice specifYing the reasons for dispute within thirty (30) calendar days of receipt of written notice from the City. In the event that the City and the Union are unable to resolve the dispute, either party may refer the issue to the Public Employment Relations Commission for resolution. ARTICLE 3 UNION DUES 3.1 Dues Deductions - Based upon mutual agreement, regular monthly union membership initiation fees, dues, agency fees and assessments will be deducted by the City from the pay of those employees who provide written authorization to the City to make such deductions. The City will transmit the total amount of deductions to the Union along with a list of employees and their Union-related deductions. 3.2 Maintenance of Membership - An employee covered by this Agreement who is a member of the Union on or after the execution of this Agreement will remain a member in good standing. Good standing will be defined as tendering of uniformly required periodic dues. Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of the employee, provided that when an employee fails to fulfill the above obligation, the Union will provide the employee thirty (30) days notification in writing of the Union's request to the City to initiate discharge action and during this period the employee may make restitution in the amount which is overdue. Should the employee make such restitution, the request for discharge will be withdrawn. 3.3 New Emplovees - New employees employed during the life of this Agreement will, within thirty (30) days of their respective date of employment or upon the inclusion of their position in the bargaining unit, achieve good standing in the Union and will thereafter maintain such good standing as a condition of employment. Good standing will be defined as tendering of uniformly required periodic dues and fees. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31, 2008 Page5of37 Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of such employee subject, however, to the same requirement for notification and opportunity for restitution as specified in Section 3.2 above. The City will notify the Union of newly employed bargaining unit employees as they are hired so a shop steward may be available at time of orientation. It shall be understood that new employees do not have the option to donate money to charity in lieu of paying dues, unless it is due to the bona fide religious tenets or teaching of a church or religious body of which the employee is a member. The employee will pay an amount of money equivalent to regular Union dues and fees to a non-religious charity or to another organization mutually agreed to between the employee and the Union. 3.4 Union Security - All bargaining unit employees not currently paying dues, shall be required to pay dues or donate an equal amount to a qualified charity as identified under IRS Code 501 C (3) Those employees donating money to a charity in lieu of the payment of periodic dues, shall be required by the Union to produce proof of payment to the charity. Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of the employee, provided that when an employee fails to fulfill the above obligation, the Union will provide the employee thirty (30) days notification in writing of the Union's request to the City to initiate discharge action and during this period the employee may make restitution in the amount which is overdue. Should the employee make such restitution, the request for discharge will be withdrawn. (The intent of this language is to address those current employees donating money to a charity in lieu of periodic dues payments). 3.5 Indemnification - The Union will indemnify and hold the City harmless from any and all liability resulting from the dues and fees deduction provisions specified in this Article. ARTICLE 4 UNION ACCESS 4.1 Union Representatives - The Union will provide written notice to the City of the names of the officials authorized to represent the Union. The City will provide reasonable access to City facilities to such authorized representatives for the purpose of investigating grievances and other legitimate Union business provided that such access does not unreasonably interfere with the work and duties of an affected employee or of other on-duty employees. 4.2 Shop Stewards - The Union will have the right to appoint six (6) Shop Stewards. The Union will make every reasonable effort to have no more than four (4) stewards from the same department. 4.2.1 The Union will provide written notification to the Human Resources Director of the name and assigned areas of all Shop Stewards appointed by the Union. The City will provide reasonable access to employee work places to Shop Stewards for the purpose of investigating grievances provided that such access does not unreasonably interfere with the work and duties of an affected employee or of other on-duty employees. A Shop Steward will obtain the permission of his or her supervisor and the supervisor of the affected employee prior to contacting an employee during work hours. A Shop Steward may perform his or her Steward duties on City paid work time provided that such duties do not unreasonably interfere with the Steward's ability to perform the duties of his or her position with the City. In no event, however, will a City employee who is a Shop Steward be granted more than five (5) hours of paid work time for the purpose of investigating and resolving a COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31,2008 Page 6 of37 single grievance. It shall be understood that the five (5) hours maximum does not mean five (5) hours per workday, but five (5) hours total time. ARTICLE 5 WAGES 5.1 Pay Rates - 5.1.1 Effective January 1, 2006, the wages as shown in Appendix "A" shall be increased by two point three one one percent (2.311 %). Employees who have separated from City employment before the effective date of ratification of the contract by the Union and City Council shall not be entitled to any retroactive pay increase. 5.1.2 Effective January 1,2007, the wages as shown in Appendix "A" shall be increased by 100% of the Seattle/TacomalBremerton CPI:- W from June 2005 to June 2006 except that the increase shall be no less than 2% if the CPI- W is less than 2% and no greater than 5% if the CPI- W is more than 5%. 5.1.3 Effective January 1, 2008, the wages as shown in Appendix "A" shall be increased by 100% of the Seattle/TacomalBremerton CPI-W from June 2006 to June 2007, except that the increase shall be no less than 2.5% if the CPI-W is less than 2.5% and no greater than 5% ifthe CPI-W is more than 5%, plus the wages shall be increased by 1.5% in addition to the CPI- W increase. Example#l: The CPI-W is 2.3%, therefore the total wage increase would be 3.5% (2.5% guaranteed minimum + 1 %). Example #2: The CPI-W is 5.2%, therefore the total wage Increase would be 6.5% (5% maximum + 1.5%). 5.2 New Emvlovees - A new employee's pay rate will be set at first step of the pay scale; however, a new employee may have his or her pay rate set at a higher step based upon relevant years and type of prior paid work experience. Placement of a new employee's pay rate at a step higher than the first step must be approved by the Department Director, the Human Resources Director and Finance. 5.3 Advancement throu2h Pay Rates - Advancement through the pay rates from the first step through the final step of the pay range will occur upon completion of the prescribed number of months or year(s) of continuous employment since the employee's last pay placement, provided, the City may withhold a step increase for work performance that does not "Meet Expectations". A step increase may be withheld for a maximum of twelve (12) months, during which time the employee will receive monthly evaluations. The employee's immediate supervisor will notify the employee in writing of expected failure to meet expectations at least thirty (30) days prior to the due date of the work performance evaluation. If such notice is not provided the step increase will not be withheld. The withholding of a step increase will not change the employee's current anniversary step date for pay purposes. In the event that the employee "meets expectations" at one of the monthly evaluations during the subsequent 12 months, they will receive a step increase effective as of the due date of that monthly evaluation. It shall be understood that the increase will not be applied retroactively to the month(s) in which the employee received a rating below 'meets expectations". In the event an employee is on approved leave of absence without pay, in excess of COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January I, 2006 through December 31, 2008 Page 7 of37 eighty (80) consecutive work hours, the employee's next pay rate advancement date will be extended by the actual number of days the employee was absent on such leave. 5.4 Pay Rate upon Placement at New Pay raDl~e- 5.4.1 Reclassification/dowD1!rade to a lower classification - In the event an employee is reclassified from bne classification to another classification which is at a lower pay range or, if an employee's classification is downgraded from one pay range to a lower pay range, the employee's pay rate at the lower pay range will be set at that step which is closest to, equal to, but not greater than the pay rate he or she was receiving at the former pay range. All time the employee had served at the former step toward advancement to the next step of the former pay range will be used in determining the time required to advance to the next step of the new pay range. If the employee is at final step or beyond the final step in the new pay range, then hislher pay rate shall remain frozen at that rate until such time as the final step provides for an increase. 5.4.2 Reclassification/um~rade to a hi2her classification - In the event an employee is reclassified from one classification to another classification in a higher pay range the employee will receive no less than the entry level step of the new pay range or a five percent (5%) pay increase, whichever is greater; provided that no employee is thereby advanced beyond the final step of the higher pay range. The employee's advancement to the next step in the new pay range will be based on the effective date of the reclassification to the new pay range. 5.5 Lon2evitv Pay - Longevity pay will be applied to the base hourly pay rate of each employee for years of completed continuous employment on the following basis: o through 5 years' continuous employment 0% Commencing 6 through 10 years' continuous employment 1% Commencing II through 15 years' continuous employment 2% Commencing 16 through 20 years' continuous employment 3% Commencing 21 years and over continuous employment 4% 5.6 Premium Conditions - 5.6.1 Standby - An employee is placed on standby duty when the City requires the employee to be immediately available to report for work other than during hislher normal scheduled hours of work. When standby is implemented, all qualified bargaining unit members, including leads and supervisory bargaining unit members, shall share in the standby hours or lists. 5.6.1.1 Standby EQuipment - A. An employee on standby duty will be provided with a radio that has a police frequency. B. Assigned stand-by duty employees shall have the take home use of a city vehicle for the week, per City policy. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31, 2008 Page8of37 5.6.1.2 Standby Pay - The following standby rates will apply: A. Weekday or regular day off beyond two - Two (2) hours of employee's regular hourly rate of pay; B. Holiday - Three (3) hours of employee's regular hourly rate of pay; C. Regular day off - Three (3) hours of employee's regular hourly rate of pay up to a maximum of two (2) days; D. Type of Compensation - The employee shall receive pay as provided above for all stand-by duty. Employees may not accrue compensatory time for stand-by duty. 5.6.1.3 Standby will normally consist of not more than seven (7) consecutive days, provided; however, based upon mutual agreement of the employee and immediate supervisor, the employee may be placed on standby in excess of seven (7) days. 5.6.2 Shift Differential- An employee assigned to work a shift schedule, which begins at 12 noon, or later and/or earlier than 6 a.m. will be compensated a shift differential of seventy-five cents ($.75) per hour for each hour of the shift so worked. 5.7 Paydays - Paydays will be the 7th and 22nd of each month. If a payday falls on a Saturday, Sunday, or on a Monday holiday, the City will make every effort to distribute pay checks on Friday. The parties encourage employees to utilize "automatic deposit" of their paychecks. 5.8 Direct Deposit - New employees shall be required to sign up for direct deposit of their pay checks. 5.9 Payroll Errors - Should the City be responsible for any payroll error, adjustments in excess of fifty ($50.00) dollars will be paid within two (2) business days. ARTICLE 6 HOURS OF WORK 6.1 Normal Hours of Work - The normal hours of work for regular full time employees win be forty (40) hours per week. The normal hours of work for regular part time employees will be the number of hours per week that the Department Head schedules which will not exceed forty (40) hours per week and will not exceed the Department's approved budget allocation for the position. 6.2 Normal Work Schedule - The normal work schedule for regular full time employees will consist of five (5) consecutive eight (8) consecutive hour days. Alternate work schedules, i.e. 4110's, 9/80's, may be approved at the discretion of the Department Director when they are in the best interest of the City. The 411 0 schedule as referenced in this document also means an alternate work schedule as provided herein. The Department and employee may mutually agree to any other work schedule by the filing of an alternate work schedule form that shall require the approval of the Department and the Human Resources Manager. Except in emergency situations (such as weather and acts of God) employees will be given fourteen (14) calendar days notice of any change in their normal work schedule, except that Public Works and Utility COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31,2008 Page9of37 Department employees will be given seven (7) calendar days notice of any change in their normal work schedule, otherwise employees will receive overtime compensation. The normal work schedule for regular part time employees will be that which is scheduled by the Department Head and shall consist of no more than five (5) consecutive days in a workweek. The normal work schedule will usually be set to begin on Monday and conclude on Friday but may be set to begin on another week day and conclude five (5) consecutive days thereafter, based upon the needs of City. The City will make every reasonable effort to schedule employees with two (2) consecutive days off between workweeks. 6.3 Meal Periods - All employees shall have a regularly designated mealtime, 30 minutes or one (1) hour in length, without pay, which shall be scheduled by the Department Director or designee. The thirty (30) minutes or one (1) hour designated mealtime includes travel time to and from the work site. The lunch period will take place no sooner than three (3) hours and no later than five (5) hours from the beginning. of a 5/8 schedule, and no sooner than four (4) hours and no later six (6) hours from the beginning of a 4110 schedule. No employee will be required to work more than five (5) consecutive hours without a meal period. An employee who works three (3) or more hours beyond their normal work day shall be allowed at least one thirty (30) minute meal period either prior to or during the overtime period. When an employee is required by the City to remain on duty on the premises or at a prescribed work site when it is in the best interest of the City during a meal period, the meal period will be paid as time worked. 6.3.1 Employees shall be allowed one (1) rest period (break) per one half (1/2) shift (workday) provided: The time, length and location of break is determined by the employee's supervisor, with the understanding that the employee shall receive no more than fifteen (15) minutes. Break periods will be scheduled as near as possible to the midpoint of a work period. The City will make a reasonable effort to ensure that no employee is required to work more than three (3) hours without a rest period. The purpose of granting breaks is to relieve fatigue and mental strain on the job; therefore; Combining two (2) daily breaks into one thirty (30) minute break is not permitted. Using breaks to lengthen meal periods, to cover tardiness, or to leave work early is not permitted except under special circumstances and with the approval of the Department Director or designee. Accumulating breaks from day-to-day is not permitted. ARTICLE 7 OVERTIME 7.1 Overtime Defined - Overtime is all required and authorized work performed in excess of a full time employee's normal 40 hour and/or daily work schedule. Overtime includes required training, instruction, callback and other such work which is required and authorized by the City, and is performed during an employee's normally scheduled off duty time. Overtime for regular part-time employees is all required and COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January I, 2006 through December 3 I, 2008 Page 10 of37 authorized work performed in excess of forty (40) hours during the employee's weekly work schedule pursuant to Article 6, Section 6.2. The use of any paid leave time will be considered as time worked for the purpose of calculating overtime. 7.2 Overtime Compensation - Overtime work will be compensated at the rate of one and one-half (1-1/2) times an employee's hourly rate in cash or in compensatory time. The form of overtime compensation will be at the election of the employee provided Compensatory time off will be taken by mutual agreement between the employee and supervisor. Upon the death of the employee, accrued compensatory time shall be paid to the employee's estate. 7.2.1 Use Of Compensatory Time - The maximum allowed accrual of compensatory time shall be fifty (50) hours, and all overtime accrued in excess of that maximum shall be paid at the applicable rate. Employees who wish to cash out all or a portion of his/her accumulated compensatory time will have the option to receive this pay the pay period ending November 15th. Employees who wish to exercise this option shall submit their request, in writing, to the Department Director, no later than November 1 st of each year. 7.3 Telephone Calls To Emplovees - If an employee receives a work related telephone call while off duty, he/she shall receive a minimum of one quarter (1/4) hour pay at the overtime rate for each call, provided, however, that additional calls received by the employee within the quarter hour minimum shall not pyramid. 7.4 Call Back Minimum Overtime -In the event an employee who has departed from his or her normal work hours is called back to work for a period of time which is less than two and a half (2.5) hours, the employee will receive a minimum of two and a half (2.5) hours of overtime compensation. A call back initiates a two and a half (2.5) hour guarantee period. Subsequent call backs will not initiate an additional two and a half (2.5) hour guarantee period until the original two and a half (2.5) hour guarantee period has passed. 7.5 Court and/or Subpoenaed Appearances - An employee who appears in Court or responds to a subpoena as a representative of the City which is related to his or her employment on off duty time shall receive overtime compensation for such appearances. If the employee is being prosecuted for a willful, illegal act in the performance of their duties as a city employee, they will not be paid for time unless they are found innocent and/or the case is dismissed. 7.6 Use of Banrainin2 Unit Emplovees for Overtime - The City shall offer O.T. to qualified bargaining unit employees within the division prior to utilization of temporary employees for such a.T. The City will make a reasonable attempt to offer this work by seniority. 7.7 Emer2encv Crews - Employees may be pre-assigned to an emergency shift schedule (e.g. 12-hour shift for Snow Removal Crews). Crews will be designated as follows: "A" shift and "B" shift. Employees on emergency crews will receive shift differential pay and work the 12-hour shift throughout the period of the emergency. Employees in each crew (both "A" and "B" shifts) called out for an emergency shift shall receive two hours callout (overtime) pay for the first full 12-hour shift. (e.g. Pay would be 2 hours overtime for the call-out, 6 hours straight time, plus 4 hours overtime. That crew's next emergency shift pay would be 8 hours straight time plus 4 hours overtime.) COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2006 through December 31,2008 Page 11 of37 Pay for call-outs prior to the full emergency shift will be in accordance with overtime and callout policy per Article 7. If the callout occurs within two (2) hours of the first emergency shift, the first emergency shift crew will respond and work continuously through the shift. EXAMPLES: Snow Removal Crew - If an emergency schedule is initiated after 10 p.m. but before the normal shift (7:30 a.m.), the "B" shift will be called in and work until noon or eight hours minimum. If the callout occurs prior to 1 0 p.m., the "A" shift will be called in and work until midnight when "B" shift will relieve. If the emergency is declared during the normal work shift, "B" shift will work the normal eight (8) hours then be released; "A" shift will work until midnight when relieved by "B" shift. Other Emergency Crews - Any other divisions may use other start/quit times, but will follow the principle of the example of the Snow Removal Crew. When the Division Manager has determined that the emergency condition is over, the crews will revert to their regularly scheduled shift. The transition shifts going into and out of the emergency shift schedule, will work until released by the supervisor, however, they shall work a minimum of eight (8) hours during the transition shift. ARTICLE 8 PROBATIONARY PERIOD New Employees - New employees hired after the effective date of ratification of this agreement shall be required to serve a probationary period of one (l) year. Probationary employees are "at will" employees during their probationary period and during that time may be terminated without reason or cause and have no recourse to any Civil Service appeal process. Promoted Employees - Employees promoted shall serve a six (6) month promotional probation period which shall comply with the Civil Service Rules of the City of Bremerton for promotional probation. ARTICLE 9 VACATION LEAVE 9.1 Vacation Accrual- Employees shall accrue vacation leave for all regularly scheduled compensated hours including paid holiday, sick leave, vacation and other paid leave time, excluding workers' compensation time loss benefits pursuant to the following schedule: Period of Continuous Full Time Employment Hours Accrued/Y ear Date of Hire through 5 years 6th year 7th year 8th year 9th year lOth year 11 th year 104 Hours 120 Hours 128 Hours 136 Hours 144 Hours 152 Hours 160 Hours COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2006 through December 31, 2008 Page 12 of37 12th year 13 th year 14th year 15th year 16th year 17th year and thereafter 168 Hours 176 Hours 184 Hours 192 Hours 200 Hours 208 Hours 9.2 Vacation Eliejbilitv - An employee becomes eligible to take accrued vacation leave upon completion of six (6) months of continuous employment. Probationary employees may be permitted to use earned vacation leave due to extenuating circumstances solely at the discretion of the Department Director. Vacation leave may not be taken in less than one-quarter (1/4) hour increments. Vacation leave must be earned in the pay period prior to the time an employee takes any vacation leave since accruals are added to an employee's leave balance after payroll has been posted. 9.3 Vacation Scheduline - Annual vacation leave will be mutually scheduled between the employee and his or her Department Head or designee. Vacation leave must be approved by the Department Head prior to an employee taking the time off. In the event more than one employee requests vacation leave for the same time period submitted on the same day, the requesting employee with the greatest city-wide seniority shall be granted the vacation leave. The Department shall make a good faith effort to respond to a vacation leave request in a timely manner. 9.4 Maximum Vacation Accrual- The maximum number of vacation accrual hours that any employee will be allowed to carry forward from one calendar year to the next will be as follows: Years of Service Maximum Carryover Hours Date of Hire through 5 full years of employment Over 5 full years of employment 160 Hours 240 Hours 9.5 Carryover - In the event an employee has been prohibited from taking sufficient vacation time to reduce his or her vacation balance to the maximum allowable carryover at the end of a calendar year, (or unable to because of absence from work due to illness or disability) the excess hours will be carried forward into the next the calendar year. An employee who fails to request scheduled vacation time during the year and whose accrued vacation hours exceed the maximum carry over balance at the end of the calendar year shall forfeit such excess vacation hours. 9.6 Vacation Pav-Out - Upon the retirement or separation of a regular employee, or upon the date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid to the employee in a lump sum payment at the employee's straight time hourly rate at the time of separation except an employee shall not be paid vacation payout unless employed over six (6) months). 9.7 Pavment of Vacation Leave Upon Death - In the event of the death of an employee, the employee's estate will be paid in a lump sum for the total accrued and unused vacation leave hours at the employee's regular hourly pay rate in effect at the time of death. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31,2008 Page 13 of37 9.8 Donations Of Vacation Leave - Donations of Vacation leave permit employees to aid any City employee who is suffering from an extraordinary or severe illness, injury, impairment, physical or mental condition which has caused or is likely to cause the employee to take leave without payor to terminate his or her employment prior to a determination that the affected employee is not expected to recover to an extent that will enable the employee to resume his or her normal duties or the duties of another position with the City or another employer. 9.8.1 Elie:ibilitv - An employee who (l) is suffering from an illness or injury causing his or her extended absence from work, and (2) who has depleted or will shortly deplete his or her total available accrued vacation, compensatory leave accrual, sick and floating holiday leave, may request donations of vacation leave. 9.8.2 Criteria For Auuroval - A request for donations of vacation leave shall be submitted to the requesting employee's Department Head accompanied by medical. documentation verifying the medical condition requiring the .need for leave, and the time period during which the employee can reasonably be expected to be absent from work due to the condition. Upon verifying that the requesting employee meets all of the eligibility requirements above and upon determining that the medical documentation received provides appropriate verification of the medical condition and time period involved, the Department Head will recommend the employee's request for donations of vacation leave be approved by the Mayor. The Mayor will review the request to assure that all of the requirements set forth in this subsection have been met and, if so, shall approve the employee's request for donations of vacation leave. 9.8.3 Notification - Upon approval by the Mayor, all City employees shall be notified of the approved request for donation of leave. 9.8.4 Conditions Of Donation - An employee who has been employed for at least six (6) months who desires to donate accrued vacation leave to a requesting employee will do so as a free and voluntary act and no duress or coercion shall be placed upon an employee to make such donation of his/her accrued vacation leave. Employees who are utilizing donated leave to cover their own absences may not donate leave to another employee until such time as they have returned to their normal schedule, and any excess donations made to them have been returned pursuant to 9.8.6 below. An employee who desires to donate vacation leave shall complete a Donation of Vacation Leave Form and submit it to his/her Department Head. The donated vacation leave will be transferred to the requesting employee's sick leave balance with the next payroll report. Forms will be date stamped and all time donated shall be in full hour increments and shall be credited to the employee on an hour-for-hour basis. A monthly update of the condition of the employee by the attending primary medical doctor shall be required and furnished to the Department Director. 9.8.5 Use Of Donated Leave - An employee who has received donated vacation leave will be able to use the sick leave in the same manner as if he or she had personally accrued the leave, provided that the use of the sick leave is in conformance with the provisions of this Article. 9.8.6 Return Of Excess Leave Donations - Donated leave will remain in the employee's sick COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2006 through December 31, 2008 Page 14 of37 leave balance for a period of six (6) months from an employee's return to work, and may only be used by the employee for absences related to the condition for which it was donated. In the event of excess donations received but not used due to early recovery, resignation, , retirement or death, all donations received but not utilized shall be returned to the donating employee(s) based on the proportion of hours that employee donated in relation to the total hours donated by all employees (e.g. an employee who donates 50 hours of 450 hours total donated shall be credited with 50/450ths of the hours not utilized). Such returned leave shall be reflected in the appropriate leave balance as soon as possible. Time donated for this purpose will not be considered as time used during the donor's performance rating period. 9.9 Administrative Leave - Any bargaining unit employee may be placed on Administrative Leave (leave with pay) for reasons in the best interest of the City and/or employee (e.g. to diffuse a work-related or personal problem or to conduct an investigation). The City may place certain restrictions on an employee on Administrative Leave and require him/her to be available during his/her normal work schedule. Employees normally scheduled to work on other than an 8 am to 5 pm schedule shall be put on a 9 AM - 5 PM schedule when placed on Administrative Leave. If an employee is unavailable at any time during the alternative time schedule, then a leave slip must be turned in to cover the amount of time the employee is unavailable. 9.10 Cancellation of Vacation Leave by City - If an employee has an approved vacation canceled by the City, the City will reimburse the employee for all verifiable non-refundable expenses incurred by the employee after the date the Leave Request was approved. ARTICLE 10 HOLIDAYS 10.1 Holidays Observed - The following holidays will be observed by the City: DATE OBSERVED HOLIDAY New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day One Floating Holiday January 1 st 3rd Monday in January 3rd Monday in February Last Monday in May July 4th 1 st Monday in September th November 11 4th Thursday in November 4th Friday in November December 25th Approval of Supervisor 10.1.1 In addition, any other holiday legally proclaimed by the Federal or State government, provided that the City takes official action to have such holiday also observed by the City. 10.2 Alternative days of Holiday Observation - If a holiday observed by the City falls on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31,2008 Pagel5of37 observed on the following Monday. If the day a holiday is observed by the City falls on an employee's regularly scheduled day off, the employee will receive an alternate day off as a paid holiday during the same or following pay period. 10.3 Floatine Holiday - One (1) floating holiday (eight (8) hours) will be granted to each employee at a time which is mutually agreeable to the employee and the employee's immediate supervisor. New employees shall have been employed by the City for six (6) months in order to qualify for a floating holiday. Floating holiday leave may not be taken in less than one (1) hour increments. 10.4 Holiday Compensation (Full Time Employees) - An employee shall receive eight (8) hours of time off with pay for each holiday observed by the City, including a floating holiday of each employee's choice. An employee who is assigned at the City's request to work a four-day ten (10) hour schedule will receive ten (10) hours of time off with pay for each holiday. In order to receive holiday compensation, each employee must work or be on authorized paid leave on the scheduled work day prior to or the scheduled work day immediately after each holiday. 10.5 Holiday Compensation (Part Time Employees) - Part-time employees who regularly work 20 or more hours per week will receive pro-rated Holiday Leave based upon their average normal workday, but in no case less than four (4) hours. 10.6 Workine on a Holiday - An employee required to work on a holiday will be compensated at one and one- half (1-1/2) times the employee's regular straight time rate of pay for the time worked in addition to regular holiday pay provided in 9.3 above. ARTICLE 11 SICK LEAVE AND INDUSTRIAL DISABILITY 11.1 Sick Leave Accrual - Employees will accrue sick leave time with pay at the rate of four hours per pay period, including paid holiday, sick leave, vacation and other paid leave time and excluding time for which workers' compensation time loss benefits are paid. Employees who are on a leave of absence without pay will have their leave pro-rated if they have worked any portion of a pay period at .046154 for each regular hour worked as outlined above. The maximum annual accrual will be ninety-six (96) hours. 11.2 Maximum Sick Leave Accrual - Employees will be able to accrue sick leave to a maximum of 1200 hours on January 1 st of each year. 11.3 Sick Leave Incentive 11.3.1 An employee who takes thirty-two (32) hours or less of sick leave in the calendar year will have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. 11.3.2 As of January 1, 2007, Section 10.3.1 no longer applies. Effective January 1, 2007, any non- probationary employee covered under this Agreement who does not utilize his/her sick leave benefit from January 1 st through June 30th in a calendar year shall have their vacation leave balance credited with (8) additional hours on the pay period ending July 31 S\ and, any non- probationary employee who does not utilize his/her sick leave benefit from July 1 st through COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31,2008 Page 16 of37 December 31 st shall have their vacation leave balance credited with eight (8) additional hours on the pay period ending January 31st. 11.4 Sick Leave Retirement Payment - An employee who retires from City service on a service or disability retirement will be provided a Sick Leave Retirement Payment at thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours). The payment will be made to the employee at the employee's regular hourly pay rate in effect at the time of retirement. 11.5 Payment of Sick Leave Upon Death - In the event ofthe death of an employee, the employee's estate will be paid for the total accrued and unused sick leave hours at the employee's regular hourly pay rate in effect at the time of death. 11.6 Sick Leave Use - Sick leave shall not be granted in advance of actually being accrued. Sick leave will be made available to each employee up to the amount of each employee's accrued sick leave balance and shall be used in increments of no less than one-quarter (1/4) hour to cover an employee's absence from his or her regularly scheduled work hours due to: 11.6.1 The temporary disability of an employee resulting from his or her personal illness or injury. 11.6.2 Providing care for: a) a child of the employee under the age of 18 when they have a health condition that requires supervision or treatment; or b) a spouse, parent, parent-in-law or grandparent of the employee who has a serious health condition or an emergency condition. 11.6.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment. 11.6.4 Upon the birth or adoption of a child, an employee may use accrued sick leave pursuant to FMLA. 11.6.5 Providing care for an employee's immediate family member as provided for in Section 10.6.2, when the family member has a health condition that requires the assistance of an adult caretaker until such time as other care can be arranged. No more than forty (40) hours of sick leave can be used for this purpose for the following family members: brother, sister, brother/sister in-law, grandparent's in-law, grandchildren, and step relations as described herein of both the employee and the employee's spouse. (Revised RCW 49.12.270 as of 1-1-04). 11.6.6 Only when an employee has exhausted all sick leave accrued may he/she use other types ofleave to cover his/her absence. 11.7 Notification of Sick Leave Use - An employee who is absent or expects to be absent from work due to causes specified in 10.6 above, will provide notification as follows: 11.7.1 Routine Appointments - An employee who schedules a routine medical, dental or oculist appointment will make every reasonable effort to schedule such an appointment at a time, which will cause the least interference with departmental operations. The employee shall give prior notice COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2006 through December 31, 2008 Page 17 of37 of the date and time of the appointment t6 his/her immediate supervisor. An employee's immediate supervisor may request that the employee reschedule routine appointments when, in the judgment of the supervisor, the scheduled absence of the employee would unduly interfere with the operations of the Department, however, the immediate supervisor will not unreasonably require an employee to reschedule routine medical, dental or oculist appointments. 11.7.2 Unanticipated Absence - An employee who is absent :from work or will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in 10.6 above, will promptly notifY their immediate supervisor, or if unavailable, the department/division manager by telephone as soon as practicable and will make every effort to notifY their immediate supervisor, or if unavailable, the department/division manager within the first one-half hour of each work day or, if possible, within the one-half hour preceding each work day of absence. In the event neither the immediate supervisor nor the department/division manager can be contacted directly, the employee may leave a voice mail message. However, the employee is obligated to speak directly to the employee's immediate supervisor or the department/division manager during the day of the employee's absence. Each employee will be given contact information (including office/cellular/pager numbers), to the employee's immediate supervisor and department/division manager. In the event of a prolonged illness or injury, the Department may exempt an employee from the requirement to report their absences on a daily basis, and may establish an alternative reporting arrangement appropriate to the circumstances. 11.7.3 Sick Leave durin2: Authorized Paid Leave - An employee who becomes ill or is injured during his/her paid vacation or compensatory time off for accumulated overtime, may request the conversion of such paid leave to sick leave with pay by promptly notifYing the department of the illness or injury and providing such information as is required by the department to verifY the appropriateness of such a conversion. 11.8 Sick Leave Documentation and Approval - An employee who has been absent on sick leave will, within the first work day after returning to work, complete and submit a request for approval of sick leave on the City's Leave Request form, and provide such information as is required by the Department to approve the use of sick leave with pay for the absence. Sick leave must be approved by the Department prior to payment. The Department will not unreasonably withhold approval of sick leave with pay :from employees. 11.8.1 Sick Leave Certification - The Department may require an employee to provide a professional physician's certification of an employee's, child's or family member's illness or injury as a condition of approving sick leave with pay. In the event the Department intends to require such verification, the employee will be notified of the requirement prior to returning to work. 11.8.2 Return to WorklFitness for Duty Certification - The Department may require an employee to provide a Fitness for Duty certification completed by a professional physician that the employee is sufficiently recovered as to be able to return to work and assume. his or her normal duties prior to the employee returning to work or, in the event the employee has appeared at work, prior to resuming work. If the department does not allow the employee to return to work due to the need for a Fitness for Duty certification, the employee will be allowed to continue the use of sick leave. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2006 through December 31, 2008 Page 18 of37 11.9 Industrial Disability Leave - An employee who incurs a work-related illness or injury and who qualifies to receive Workers' Compensation benefits will be allowed to use accrued sick leave to supplement the Workers' Compensation benefits so as to provide the same gross pay he or she would have received for full time, active service. In no event will the combination of Workers' Compensation and employee sick leave exceed 100% of an employee's regularpay rate at any time of the disability period. ARTICLE 12 OTHER PAID LEAVE 12.1 Bereavement Leave - An employee will be granted three (3) days of bereavement leave for attending funerals in the State of Washington and five (5) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child, mother, father, mother/father in- law, brother, sister, brother/sister in-law, grandparents, grandparents in-law, grandchildren, step relations as described herein of both the employee and the employee's spouse. All time off for bereavement leave may be charged against an employee's vacation, floating holiday, sick leave or compensatory time leave balance at the option of the employee, if available. Additional time off may be requested by the employee and granted by the Department head in extenuating circumstances. 12.2 JUry Duty. Witness Leave - An employee shall be granted a leave of absence with pay for the purpose of reporting to or serving on jury duty or serving as a witness on a case relating to their job with the City, except in those instances when the employee is involved as a party in an action being taken against the City. Any juror or witness fees received by the employee for the performance of . such duties shall be assigned to the City. If more than 2.5 hours oftheirworkday remains at the time of release from jury duty or serving as a witness, the employee shall report for duty. 12.2.1 City Notification - Employee shall be required to notify the City immediately upon receipt of written notification from the Court that they must report for Jury Duty or serve as a Witness as the result of a case related to his or her employment, by submitting a Leave Request form with a copy of the Jury Duty/Witness Notice attached. Upon telephone confirmation by the Court to report, employee shall immediately notify the on-duty supervisor. 12.3 Military Duty Leave - An employee who presents official orders requiring his/her attendance for a period of training or other active duty as a member of the United States Armed Forces or the State National Guard shall be entitled to military leave with no loss of pay for a period not to exceed fifteen (15) work days annually. Authorized leave of absence for additional or longer periods of time for assignment to duty functions shall be without pay (unless the employee chooses to use accrued vacation leave or compensatory time) and shall be granted by the City. An employee receiving up to fifteen (15) work days of training or serving on active duty shall receive their regular pay and the amount received from the Federal or State government, pursuant to RCW 38.40.060 as may be amended from time to time. 12.4 Emen?:encv Leave - In the event of an unforeseen emergency which requires the absence of an employee, the employee will promptly notify his or her immediate supervisor, or in the absence of the immediate supervisor, the manager on duty in the Department within the first one-half hour of each work day or, if possible, within the one-half (112) hour preceding each work day of absence. Such emergency leave shall be charged to an employee's unused vacation, floating holiday or compensatory time leave balance. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31,2008 Page 19 of37 ARTICLE 13 RETIREMENT BENEFITS 13.1 State Retirement System - Each employee will be enrolled in the Washington State Retirement system for which he or she qualifies. Contributions to the Retirement system will be made on a pre-tax basis. Each employee will be covered by the federal Social Security Act. ARTICLE 14 INSURANCE BENEFITS 14.1 Medical Insurance - The City will make medical insurance coverage available to employees and their dependents, as follows or another plan of equivalent or better coverage: Kitsap Physician's Service (KPS) Plan B Group Health Cooperative (GHC) 14.2 Insurance Premium Payments - Payment of insurance premiums will be made as follows: 14.2.1 Employees will be required to pay the following contributions towards the monthly premiums for medical coverage effective as of the 1st of the month following ratification of the agreement: KPS Plan B or Group Health: Employee only coverage Dependents coverage Employee Employee 0% 5% City 100% City 95% 14.2.2 Effective January 1,2008 employees will be required to pay the following contributions towards the monthly premiums for medical coverage: Employee only coverage: Employee 0% City 100% Dependents coverage: Employee 10% City 90% 14.2.3 STIPEND IN LIEU OF MEDICAL COVERAGE - An employee who waives the right to obtain medical insurance coverage through the City and who provides proof of credible coverage through his/her spouse or other source shall be entitled to receive a stipend of one hundred fifty dollars ($150.00) per month, payable in the amount of seventy-five dollars ($75.00) per pay. Employees shall be required to notify Human Resources, in writing, during open enrollment, of their desire to waive medical coverage, or at anytime during the year if a qualifying event occurs which would change their status (e.g. marriage, divorce, spouse loss of job or medical coverage). For initial implementation of this benefit for those who elect to waive coverage, the payment of the stipend will not be retroactive to January 1, 2006, but will become effective the first pay period of the next month following ratification of the agreement. Since both KPS and Group Health underwriting requirements require a 75% participation rate, in the event that there is less than a 75% participation rate due to employees waiving medical coverage, the City may cease offering the stipend due to the adverse impact upon those insured. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31, 2008 Page 20 of37 14.3 Dental Insurance - The City will provide the same benefit levels as are contained in the Washington Dental Service Plan F dental program for employees and their dependents and provide for full payment of . . Insurance premmms. 14.4 Insurance Benefits Committee - The Insurance Benefits Committee will be comprised of the following members: Mayor or designee, Human Resources Manager or designee, Financial Services Director or designee, one employee selected by the non-represented management and professional employees, and one individual selected by each of the recognized unions. The committee will elect a chair and any other officers it deems appropriate. 14.5 In the event changes in state or federal law create an impact on the present health and welfare premiums or plans, the parties will reopen negotiations on such subject. 14.6 Vision Insurance - The City will pay the premium for the Washington Teamsters Welfare Trust Vision Plan for all bargaining unit employees employed in the previous month. It shall be the responsibility of the employee to ensure that the required paperwork is completed in a timely manner in order to enroll him/herself and/or dependents. ARTICLE 15 WORK RELATED EXPENSES 15.1 Uniforms - The City will provide new and replacement uniforms for each employee in the department whenever the department head determines it is in the best interest of the City. The characteristics of the uniform and what will constitute the uniform shall be at the sole discretion of the Department Head or designee. 15.1.1 Employees furnished uniforms shall be required to wear their uniform when performing work and required by the department. 15.1.2 Standard uniforms provided by the City through uniform service contracts; i.e., shirts, pants and jackets, will be maintained by the City at City expense. All other uniform apparel such as polo shirts, tee shirts, etc., purchased by the City shall be maintained by the employee at the employee's expense. 15.1.3 Employees are expected to take reasonable care of their uniforms. Employees shall notify their supervisor when uniforms are in need of replacement and/or repair. 15.1.4 City uniforms shall not to be worn during non-work hours or to non-work locations, except for incidental stops to or from work and meal periods. 15.1.5 While in uniform, employees shall not publicly drink intoxicating liquor, be publicly intoxicated or under the influence of a controlled substances. 15.2 Cleaning Allowance - The cleaning allowance for Warrant Servers shall be $350.00, which shall be paid in the pay period ending January 15th. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31,2008 Page 21 of37 15.3 Warrant Servers - The City will provide five (5) uniforms to Warrant Servers. 15.4 Tool Allowance - Vehicle Maintenance: 15.4.1 The City will provide an annual tool allowance per mechanic to buy more efficient tools or to replace lost, broken, or stolen tools as follows: Effective as of January 1,2006 in the amount of $425.00 Effective as of January 1, 2007 in the amount of $450.00 Effective as of January 1,2008 in the amount of$475.00 15.4.2 Payment of the tool allowance will be made in the pay period ending January 15th. 15.4.3 Should an employee separate from City employment during the year, a pro-rated reimbursement to the City for the tool allowance shall be withheld from the employee's final paycheck, based upon the number of months left in the calendar year. Example: Employee receives $425 tool allowance in January and then separates from employment in May. Employee would be required to reimburse the City in the amount of $247.94 ($425.00 divided by 12 = $35.42/month x 7 months {June through December}). 15.4.4 The City will purchase all specialty or new tools that are required to perform the job because of changing technology or City equipment. 15.4.5 Replacement of tools lost or stolen on City property or while performing City business will be replaced in accordance with City Policy #3-10-16. 15.4.6 All special and heavy duty tools, power tools, and tools larger than one-half (1/2) inch drive will be furnished and maintained by the City. The City will service and repair all employee owned pneumatic and calibrated tools. 15.5 Safety Shoes -The City will reimburse employees for the cost of WISHA approved safety or calked shoeslboots, when the Department/Division has determined that they are required including inspectors, as follows: Effective as of January 1, 2006 up to a maximum of $150.00 Effective as of January 1,2007 up to a maximum of$165.00 Effective as of January 1,2008 up to a maximum of$175.00 COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January \,2006 through December 3\,2008 Page 22 of37 15.6 CDL License - When a Commercial Drivers license (CDL) is required for a position by the City, the City will only pay for the cost of the CDL endorsement and required physical examination when making initial application and upon any required renewal. 15.7 License/Certification Differential Pay -Employees that are required by the City and/or choose to have a Washington State certification or license above the minimum certification level set forth below will receive fifty dollars ($50.00) per month for each current certificate above the established minimum. Certifications obtained outside of the certification series identified for the division or work group will be considered only when such certification benefits the City as determined by the Director of Public Works & Utilities. 15.7.1 WWTP (WWTP Operator Certification Series) WWTP Operator - WWTPO Group II Plant WWTP Lab Technician - WWTPO Group II Plant WWTP Operations Supervisor - WWTPO Group III Plant 15.7.2 Water Operations (Water Distribution Certification Series) Water Operator - Water Distribution Manager I Water Operator Sf. - Water Distribution Manager II Water Operator Lead - Water Distribution Manager II Water Operations Supervisor - Water Distribution Manager III Environmental Technician and Water Resources Assistant (Water Distribution, WWTP Operator, or Sewer Collection Certification Series) Level II Certification in any Series. Differential pay is allowed for certifications above Level IIfor one series only. 15.7.3 Water Maintenance (Water Distribution Certification Series) Water Distribution Supervisor - Water Distribution Manager III 15.7.4 Cross Connection Control Specialist (Cross Connection Control and Backflow Assembly Tester Certification Series) Cross Connection Control Specialist I 15.7.5 Storm/Sewer Maintenance (Sewer Collection System Certification Series) Utility Service Specialist Supervisor - Sewer Collection System Level III 15.7.6 Automotive Maintenance Technicians (Automotive Service Excellence Certification Series) COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January I, 2006 through December 3 I, 2008 Page 23 of3? One ASE Master Certification - Automotive, Heavy Equipment, or Emergency Vehicle Technician. Differential pav is allowed for each additional Master Certification 15.7.7 Electronics (International Municipal Signal Association - Traffic Signal Certification Series and NT Telephone Certification) Electronics Technician - IMSA Level II - Traffic Signal 15.7.8 Traffic Maintenance (International Municipal Signal Association - Signs and Markings Certification Series) Sign Shop Service Specialist Supervisor - IMSA Level III - Signs and Markings 15.7.9 Engineering (Professional Engineer and Land Surveyor). There is no Certification Pav allowed for EIT or LSIT Certifications. Engineer I - Engineer- In-Training Certification or Land Survevor-in- Training Certification Engineer II - Engineer-In-Training Certification Engineer III - Professional Engineer 15.8 Maintenance of Certifications - The City will reimburse an employee for the actual costs of obtaining and maintaining a professional or work related certification including a CDL license, which is required by the City or has been required as a condition of working in a particular classification. 15.9 Failure to maintain/obtain required certifications - If an employee fails to obtain or maintain a certification required in order to perform the essential duties and functions. of hislher position, shall not receive the monthly certification pay. New hires who are required to obtain a CDL license for their position within six months from their date of hire, and who fail to obtain the required CDL license shall be terminated by the City. 15.10 Meal Expense - The City will reimburse an employee up to eight ($8.00) dollars per meal for meal expenses when the employee is required to work during a bona fide emergency situation after completing his or her regular work day, provided that the employee works at least three (3) additional hours during a twenty-four (24) hour period. To receive reimbursement for meal expense, the employee will submit an appropriate expense claim form 15.11 Travel Authorization and Expense Reimbursement - Travel authorization and expense reimbursement shall be pursuant to Chapter 2.74, Travel Authorization and Expense Reimbursement, of the Bremerton Municipal Code. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2006 through December 31, 2008 Page 24 of37 ARTICLE 16 SUBCONTRACTING WORK 16.1 The City of Bremerton and the Union will agree that conditions surrounding decisions to subcontract work normally performed by non-uniformed employees are subject to the following: The City will provide a minimum of thirty (30) days advance notice of it's intention to subcontract out work and bargain the impact of such proposed subcontracting. In the event the City enters into a contract, depending on the needs of the City at that time, the City shall have the option to either to keep those affected employees employed in any job classification for which they are qualified, at their current rate of pay, or to pay them under the following conditions: Either one (1) week of severance payor continued employment for each completed year of regular employment with the City, up to a maximum of 16 weeks. Employees will be cashed out of all vacation leave accrued as provided by current agreement. Payout for Sick leave accrual will be granted only to those employees who are within five (5) years of earliest retirement under (PERS), and then at a maximum not to exceed seventeen and one-half percent (17.5%) of their existing balance. Those affected employees will also be placed on Civil Service Reinstatement Registers in accordance with existing rules. ARTICLE 17 MUNICIPAL COURT NON-CIVIL SERVICE EMPLOYEES EMPLOYMENT RIGHTS 17.1 Hiring - - T he Department will hire and promote employees of the Municipal Court Department in conformance with federal, state and local laws governing hiring practices. Newly hired employees will serve a one (1) year probationary period during which period the employee may be terminated without cause. Any employee terminated during the probationary period will have no recourse to the grievance procedure. 17.2 Promotional Probation - Newly promoted employee's will serve a six month (6) promotional probationary period during which time the employee may be reduced to his or her former position in the Court at the discretion of the Municipal Court Judge or designee, at the pay step pursuant to 5.4.1. Any employee reduced to his/her former position during the promotional probationary period will have no recourse to the grievance procedure. 17.3 Discipline and Discharge - The Department may discipline or discharge an employee for good cause. "Cause" is hereby defined to be identical to the cause or causes, which are set forth in the Civil Service Rules governing employees covered by Civil Service. 17.4 Civil Service - The procedures which will be employed by the Department in taking disciplinary action or in discharging an employee of the Department who is not covered by Civil Service will be identical to those which are prescribed for use for employees covered by Civil Service with the following exceptions: 17.4.1 The Department will file all required materials with the Human Resources Manager in lieu of the Civil Service Officer. 17.4.2 Appeals of the Department's decision will be processed through the Grievance Procedure contained in this agreement. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31,2008 Page 25 of37 17.5 Layoff - Employees subject to layoff will be provided thirty (30) calendar days written notice prior to the effective date of layoff. Layoff of Municipal Court employees will be accomplished by seniority from date of hire within the series of classifications grouped as follows: Group 1: Senior Legal Technician Legal Technician Group 2: Probation Officer Detention Specialist 17.5.1 Any new classification used in the Department will be placed in a series group by mutual agreement between the Human Resources Manager and the Union. If an employee of the Department who is covered by Civil Service is to be laid off by seniority, he or she will exercise their rights under the Civil Service layoff procedures. 17.6 Civil Service Employees - Employees covered by Civil Service will be hired, disciplined and discharged in conformance with Civil Service Rules. ARTICLE 18 DRUG FREE WORK PLACE 18.1 The maintenance of a drug-free work place is essential to the safety and welfare of City employees. The following provisions will apply to employees covered by this agreement: 18.2 Controlled Substances - 18.2.1 The unlawful manufacturing, distributing, dispensing, possessing or using of a controlled substance or alcohol in the work place is prohibited. Reporting to work under the influence of a controlled substance or alcohol is prohibited. 18.2.2 As a condition of employment, all employees must notify their department head of any criminal drug statute conviction for a violation occurring in the work place no later than five days after such a conviction. 18.3 Prescription or Over-the-Counter Drug Use - The use of prescription and over-the-counter drugs which compromise safety in the work place or the quality of the employee's work product is prohibited. 18.4 Employee Sanctions - It is the responsibility of every employee to be aware of the above provisions and to abide by them. Failure to observe these provisions could result in immediate disciplinary action against the employee, up to and including termination. The employee may be required to participate satisfactorily in an alcohol or drug abuse assistance or rehabilitation program. 18.5 Drug Abuse Education Program - The City will utilize all available City resources, such as the Police Department, to educate employees as to the dangers of drug abuse. 18.6 Confidentiality - The confidentiality of all complaints and reported violations of the provisions of this policy will be strictly maintained, except as required by public disclosure laws or court orders. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2006 through December 31, 2008 Page 26 of37 18.7 The parties have agreed to the City of Bremerton Human Resources Policy 3-20-03 "Drug and Alcohol Policy" for employees required to have a Commercial Driver's License, with an effective date of January 1, 1996. The parties agree that the City of Bremerton Human Resources Policy #3-20-03" Drug and Alcohol Policy" will apply to employees not required to have a CDL, however, they will not be subject to random testing. ARTICLE 19 BUS PASSES 19.1 The City will provide Kitsap Transit bus passes to employees working in the downtown core who request bus passes. To be eligible to receive such passes, the employee must ride the bus to and from work an average of three times a week. The City will establish procedures for the issuance of bus passes to employees. It shall be understood that an employee issued a bus pass is not eligible to receive free downtown parking. ARTICLE 20 MANAGEMENT RIGHTS 20.1 Subject only to the limitations expressly stated in this agreement, the Union recognizes that the Employer retains the exclusive right to manage its business including, but not limited to, the right to determine the methods and means by which its operations are carried on, to direct the work force and to conduct its operations in a safe and efficient manner. ARTICLE 21 WORK STOPPAGES 21.1 STRIKES/LOCKOUTS PROHIBITED- 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 during the term of this Agreement. Accordingly, it will be a violation of this Agreement for the City to cause a lockout of its employees or for the Union to call, encourage, or participate in any strike, sympathy strike, slowdown, or other work stoppage. Employees engaging in any of the aforementioned activities will be subject to disciplinary action in accordance with the rules of the Civil Service Commission. ARTICLE 22 GRIEVANCE PROCEDURE 22.1 Definitions: 22.1.1 Grievance - A grievance is an alleged contract violation, question, or challenge raised by an employee or the Union as to the correct interpretation or application of this Agreement by the City. Such allegation, question, or challenge is to be resolved through this Grievance Procedure. 22.1.2 Civil Service Appeal - An appeal is an allegation of a violation of the Civil Service Rules which is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31,2008 Page 27 of37 22.2 Step 1 - An employee or Union representative who believes that a question exists as to the correct interpretation or application of this agreement will first discuss the action giving rise to the belief with the immediate supervisor involved within forty-five (45) calendar days of the date the action took place or within forty-five (45) calendar days of the date upon which the employee could reasonably have been expected to know of such action. The employee will have the right to be assisted by an authorized Union representative during this discussion if they request one. The time limits above shall not apply to payroll errors. 22.3 Step 2 - In the event that the immediate supervisor does not resolve the grievance to the satisfaction of the employee or the Union within a period of fourteen (14) calendar days at Step 1 of this procedure, the employee or the Union Representative will reduce the grievance to writing and will state: the section (or sections) of this agreement which is alleged to have been interpreted or applied incorrectly; an explanation of the grievance in detail, including dates, actions and such other information needed to understand the facts and circumstances giving rise to the grievance; and the remedy sought. The employee will have the right to be assisted by an authorized Union representative in reducing his or her grievance to writing. The employee or Union representative will present the written grievance to the employee's Department Head within fourteen (14) calendar days of the date the employee received the immediate supervisor's response. The Department Head will meet with the employee and/or the employee's Union Representative within fourteen (14) calendar days after receipt of the written grievance for the purpose of considering the matter. The Department Head will reduce his or her decision to writing and will transmit the decision to the employee and the Union representative within fourteen (14) calendar days of meeting with the employee and/or the Union representative. 22.4 Step 3 - In the event that the Department Head does not resolve the grievance to the satisfaction of the employee or the Union representative at Step 2 of this procedure, the employee or the Union representative will transmit a copy of the original grievance along with a copy of the Department Head's written response to the Human Resources Manager with a copy to the Mayor within fourteen (14) calendar days of receipt of the Department Head's written response. The Human Resources Manager will consider the grievance and may convene a meeting. The Human Resources Manager will reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Union. 22.5 Step 4 - In the event that the Human Resources Manager does not resolve the grievance at Step 3 of this procedure, the Union may request arbitration of the issue by written notification to the Human Resources Manager. Immediately thereafter, the parties will petition the Public Employment Relations Commission (PERC) for a list of nine (9) arbitrators. 22.6 Powers and Duties of the Arbitrator - It will be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing will be kept informal and private. The arbitrator will interpret the provisions of this agreement as they apply to the issue or issues submitted for decision and will not add to, subtract from nor in any way otherwise alter nor recommend the alteration of the terms and conditions of the agreement in deciding the matter. As soon as is practicable after conducting the hearing, the arbitrator will render a ~itten decision which will be binding upon the parties. 22.7 Costs of Arbitration - The expenses of the neutral arbitrator will be borne equally by the parties. Each party will singly bear all costs related to preparing and presenting its own case before the arbitrator, COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2006 through December 31, 2008 Page 28 of37 including costs of witnesses and attorneys. The party desiring a record of the proceedings will bear the cost of obtaining such record. 22.8 Time Limits - Time limits established in this procedure will be strictly adhered to but may be waived by mutual agreement of the Union and the City. All procedures contained herein will be complied with as expeditiously as practicable. ARTICLE 23 SEVERABILITY 23.1 In the event that any provision of this Agreement is 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 pending a final determination as to its validity, the remaining provisions of this Agreement will not be held invalid and will remain in full force and effect. The Union and the City will immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 24 ENTIRE AGREEMENT 24.1 The Union and the City acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, the City and the Union each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically covered by the Articles of this Agreement during the term of this Agreement, except as mutually agreed upon. ARTICLE 25 CONFLICTING PROVISIONS 25.1 In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this agreement will prevail. ARTICLE 26 LABOR MANAGEMENT COMMITTEE 26.1 Labor Mana2ement - The City and the Union agree that a need exists for closer cooperation between labor and management. To accomplish this objective, the Employer and the Union agree that no more than five (5) duly authorized representatives of the Union will function as one-half (1/2) of a Labor- Management Committee, the other half being no more than five (5) certain representatives of the City named for that purpose. The Committee will meet as necessary for the purpose of discussing and facilitating the resolution of all problems, which may arise between the parties. The City will provide a draft of the minutes of the meeting to the Union's Committee members within (2) two weeks of the meeting. The Committee will be chaired by a member elected by the Committee. 26.2 Should the Union and Employer mutually agree to change, add, or delete any provision of this Agreement, policies or rules, such change will be set forth in writing. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31,2008 Page 29 of37 ARTICLE 27 JOB SHARING 27.1 Job Sharine: - The parties consider job sharing as a potential viable alternative to full time employment. Jobs may be shared on an hourly, or daily basis. 27.2 All leave for job-sharing employees will be provided on a pro-rated basis. Insurance benefits premium costs will be determined on a case by case basis; however, the total cost to the City cannot exceed the cost for a full time employee. 27.3 Job sharing may only be done by mutual agreement of the employees affected and Department Head or designee. Vacant full time positions may be announced as "Job Sharing" only if agreed to by the City and Union. 27.4 All time worked by an employee above the base scheduled hours for the position will be considered overtime, provided, however, that the combined paid hours for the position exceed forty (40) in the work week. 27.5 Job sharing employees must sign a "Job Sharing Contract" acknowledging their acceptance of appropriate conditions including the following: 27.5.1 Either job sharing employee may request terminating the contract and returning to full-time employment. Accommodation of this request shall be subject to the availability of a vacant position. The remaining employee may be required to work full-time until another "job sharing" employee can be found, and is approved by the Department Head or designee. 27.5.2. Job sharing employees agree to work full-time during the absence of the other employee, when requested. 27.5.3 Regular status for employees "job sharing" will be achieved upon successful completion of hours worked equivalent to the duration of the probationary period for the classification. 27.5.4. Step increases for "job sharing" employees shall be granted in the same manner as full-time employees on an equivalent basis. 27.5.5 Other conditions as may be considered necessary by the Department Head or designee may be made part of the job sharing contract. Provided, however, that they do not alter any terms of this Labor Agreement or the Civil Service Rules. 27.5.6. The job sharing contract may be terminated at the discretion of the Department Head or designee in accordance with the Civil Service Rules. 27.5.7. The negotiated job sharing contract will indicate the base schedule to be worked by each employee and the distribution of insurance benefits premium costs. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31,2008 Page 30 of37 ARTICLE 28 TEMPORARY ASSIGNMENT AND SPECIAL ASSIGNMENT 28.1 Temporary Assignment - An employee covered by this Agreement may be temporarily assigned the duties and responsibilities of a position which has a higher pay classification than his/her regularly assigned classification in which the incumbent employee is absent due to an extended illness, leave of absence or other extenuating circumstances, An employee who is temporary assigned to such a position shall be compensated at five percent (5%) above his/her current pay rate or the first step of the higher pay rate, whichever is greater. In no case shall an employee be paid more than the top pay step of the higher classification or serve in a temporary assignment for more than one (1) year. A temporary assignment may be extended one (1) time, on a case-by-case basis, for up to a maximum of six (6) months at the discretion of the Department Director. Such extension shall require the concurrence of the Human Resources Director and the Union. It shall be understood that compensation at the higher pay rate shall be effective after the completion of forty (40) consecutive hours in the temporary assignment. The first forty (40) hours of the temporary assignment shall be paid at the employee's regular rate of pay. Temporary Assignment will not affect an employee's anniversary date for step advancement purposes. 28.2 Special Assignment - An employee covered by this agreement may be placed in a special assignment, rather than being permanently reclassified to a higher level to allow for employee rotation, to enhance upward mobility, or for special projects for a period of one (1) calendar year or less. A Special Assignment may be extended one (1) time, on a case-by-case basis, for up to a maximum of six (6) months at the discretion of the Department Director. Such extension shall require the concurrence of the Human Resources Manager and the Union. (LOU dated 8/31/05) Special Assignments shall not to be used for staffing shortages. Compensation for Special Assignments may be granted up to a maximum of ten percent 10% above what the current rate of pay is for the employee and requires the approval of the Human Resources Manager. Special Assignment will not affect an employee's anniversary date for step advancement purposes. ARTICLE 29 WASTEWATER TREATMENT PLANT - EMPLOYEES 29.1 WWTP Operator's License Differential- WWTP Operator's that are required by the employer and/or choose to have a Washington State Operator's License above Group II will receive Fifty Dollars ($50.00) per month for each current certificate above Group II. 29.2 WWTP Operations Supervisor License Differential- WWTP Operation Supervisor's that have a Washington State Operator's license above Group III, will receive Fifty Dollars ($50.00) per month for each certification above Group III. 29.3 WWTP Operator-in-Char2e Differential- When the employer designates a WWTP Operator-in-Charge for a minimum of one full shift, they will receive a five (5%) percent differential applied to their base hourly pay for each shift so assigned. 29.4 WWTP Maintenance Mechanic-in-Char2e Differential - When the employer designates a WWTP Maintenance Mechanic-in-Charge for a minimum of one full shift, they will receive a five (5%) percent differential applied to their base hourly pay for each shift so assigned. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31,2008 Page3! of37 29.5 WWTP Operator Trainee Probationary Period - The probationary period shall be not less than six (6) months and no more than eighteen (18) months, contingent upon when employee obtains the required WWTP Operator's license. 29.6 Promoted Employees - If between six (6) and eighteen (18) months the employee does not qualifY for WWTP Operator they will be returned to the class they previously held, provided they held such class in a non-probationary status. 29.7 New Hires - If between six (6) and eighteen (18) months the employee does not qualifY for WWTP Operator, the employee shall be terminated. ARTICLE 30 TEAMSTERS SUPPLEMENTAL PENSION PLAN The City agrees to allow the bargaining unit employees the opportunity to voluntarily participate in the Teamsters Supplemental Pension Plan. It shall be understood that participation in this plan shall be strictly voluntary and that 100% of the cost of participation shall be the sole responsibility of the employee. ARTICLE 31 DOWNTOWN PARKING The City shall provide free parking for all bargaining unit members who are assigned to work on a regular basis in the downtown area. ARTICLE 32 AUTOMATIC PROMOTION FROM PLANNER I TO PLANNER II AFTER THREE (3) YEARS Employees hired as Planner I who successfully complete three (3) years of employment with the City as a Planner I, upon reaching their third (3rd) year anniversary date, will be automatically promoted to Planner II without Civil Service testing as long as his/her 3rd year annual evaluation reflects a "Meets Expectations" or higher rating. If a Planner I fail to receive their 3rd year annual evaluation in a timely manrier, it shall be assumed that their performance "Meets Expectations" and they will be promoted to Planner II. This shall apply retroactively to any employee in a Planner I classification as of the date of ratification of this contract. This does not preclude the City from promoting a Planner I to a Planner II position through the normal Civil Service promotional testing process prior to reaching his/her 3rd year anniversary. ARTICLE 33 TERM 33.1 This Agreement will become effective upon January 1, 2006 and will remain in effect through December 31, 2008. All requests to amend, modifY or terminate this Agreement will require either party to file written notice upon the other at least one hundred eighty (180) days prior to December 31, 2008. This agreement is hereby submitted to the Bremerton City Council by the City representative and the Union representative for the Council's consideration and approval. Upon approval, this agreement will become binding upon the City, the Union and all of the employees in the bargaining unit covered by this agreement. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31, 2008 Page 32 of37 APPROVED by the Bremerton City Council on the 5th day of July, 2006. Signed this 1~ dayof 1~ FOR THE CITY OF BREMERTON By Honorable C ,2006 FOR GENERAL TEAMSTERS LOCAL UNION #589: /I ~ ovich, City Attorney COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2006 through December 31, 2008 Page 33 of37 2006 Team~t(!rs Appelldix A With 2.311 % COLA Increase January 1, 2006 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. Step A . Step B Step C Step D Step E Step F Step G Grade 4 Annual 27,541 28,251 28,919 29,712 30,527 . 31,320 32,15.5 Parks laborer Monthly 2,295 : 2,354 2,410 2,476 2,544 2,610 2,680 ~emi-Monthly 1,148 1,177 1,205 1,238 1,272 1,305 1,340 Hourly 13.19 13,53 13,85 14,23 14,62 15,00 15.40 aT Houi!y 19,79 20,30 20,78 21,35 21,93 22,50 23,10 +Longevity Base +1% 13,32 : 13,67 13,99 14,37 14,77 . 15,15 15,55 Base +2% 13.45 13,80 14,13 14,51 14,9~1. . 15,30 15,71 Base +3% 13,59 : 13.94 14,27 14,66 15,06 15.45 15,86 Base +4% 13,72 14,07 14.40 14,80 15,20 . 15,60 16,02 Grade 5 Annual 28,919 29,712 30,527 31,320 32,1.55 32,970 33,888 Office Assistant I Monthly 2,410 ; 2,476 2,544 2,610 2,680 2,748 2,824 Sem,i-~onthly .. 1,205 1,2,38 1,272 . 1,305. 1}40 1,374 1,412 Hourly 13,85 14,23 14,62 15,00 15.40 . 15,79 16,23 .QT Hourly 20,78 21,35 21,93 22,50 23,10 . 23,69 24,35 +Longevity Base +1% 13,99 . 14.37 14,77 15,15 15,55 . 15,95 16,39 Base +2% 14,13 14,51 14,91 15,30 15,71 16,11 16,55 Base +3% 14.27 14,66 15.06 15.45 15.86 16.26 16,72 Base +4% 14.40 .. 14,80 15,20 15,60 16,02 16.42 16,88 Grade 6 Annual 30,~27 31 ,3~() 32,1155 32,970 33,888 34,7615 35,726 Office Assistant II Monthly 2,544 2,610 2,680 2,748 2,824 2,897 2,977 $e,mi-Monthly 1,272 1,305 ~1 ,340 .. ~ 1,374 1,412 1 ,449 1 ,489 Hourly 14,62 ' 15,00 15.40 15,79 16,23 16,65 17,11 aT Hourly 21,93. : 22,50 23,10 23,69 24,35 : 24,98 25.67 +Longevity Base +1% 14,77 15,15 15,55 15,95 16,39 16,82 17,28 Base +2% 14,91 15,30 15.71 16,11 16,55 16,98 17.45 Base +3% 15,06 15.45 15,86 16,26 16,72 17,15 17,62 Base +4% 15,20 15,60 16.02 16.42 16,88 ; 17.32 17,79 Grade 7 Annual 32,155 32,970 33,888 34,765 35,726 ' 36,665 37,605 Office Assistant III Monthly 2,680 2,748 2,824 2,897 2,977 : 3,055 3,134 Police Records Specialist I ,Semi-Monthly 1,340 . 1,374 1,41? 1,449 1,489 1,528 1,567 Hourly 15.40 : 15,79 16,23 16,65 17,11 17,56 18,01 aT HoLJr1y 23,10 23,69 24,35 24,98 25,67 26,34 27,02 Base +1% 15,55 15,95 16,39 16,82 17.28 17,74 18.19 Base +2% 15,71 16,11 16,55 16,98 17.45 17,91 18,37 Base +3% 15,86 16,26 16,72 17,15 17,62 18,09 18.55 Base +4% 16,02 16.42 16,88 17,32 17.79 18,26 18.73 COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January I, 2006 through December 31, 2008 Page 34 of37 Grade 8 ,_~nn_l!~_~ ,~~.,~,88 I 3.~,r~1:), _ ,3.5,7..~6 , 3,6,,~~1:). ...3.7.605 ... }8,~49 39,693 Accounting Assistant II Monthly 2,824 . 2,897 2,977 3,055 3,134 , 3,221 3,308 , Legal Technician ~__Semi-Monthly ~_ 1.412 1,449 ~ .489 1,,~28 1,567..1 1,611 1,654 Office Assistant Sr. Hourly 16.23 ; 16.65 17.11 17.56 18.01 : 18.51 19.01 Recreation Prog: Coor. I ,,' aT Hourly 24.35 24.98 25.67 26.34 27.02 27.77 28.52 Base +1 % 16.39 , 16.82 17.28 17.74 18.19 ~ 18.70 19.20 Base +2% 16.55 : 16.98 17.45 17.91 18.37 I 18.88 19.39 Base +3% 16.72 17.15 17.62 18.09 18.55 19.07 19.58 Base +4% 16.88 17.32 17.79 18.26 18.73 19.25 19.77 Grade 9 Annual 35.?~6 .! ,_,~6.! 6~.5." .' 3..7. ,.6()_~ . . .38...E3~9. , ~9,69~.r_AO,?~?, ,41,927 V,^~~^~' ,,,__,, Accounting Assistant III Monthly 2,977 3,055 3,134 3,221 3,308 3,397 3.494 Pol.ice~~~cords ~~~iCllist II _Semi-Mont~ly .. 1.489 1,528 1 ,56? 1.&11 1 ,65.~ 1 ,69_~ 1,747 Water Resources Assistant Hourly 17.11 17.56 18.01 18.51 19.01 19.52 20.08 . aT Hourly 25.67 26.34 27.02 27.77 28.52 ; 29.28 30.12 Base +1% 17.28 : 17.74 18.19 18.70 19.20 19.72 20.28 Base +2% 17.45 17.91 18.37 18.88 19.39 19.91 20.48 Base +3% 17.62 ; 18.09 18.55 19.07 19.58 . 20.11 20.68 Base +4% 17.79 18.26 . 18.73 19.25 19.77 20.30 20.88 ,~ ~ ~~~M'_ ' Grade 10 Annual ..~_~._ ~r,'!?Q5 j ...?8_,.!?~~... .~~,~~3. .~()J.?8.._ . 41,927 ; 43,Q~6 44,24? . " ~, ~--'- ~ __~.,__c, , , 'W~~~~ ~ -~3.494-r Accounting Assistant Sr. Monthly 3,134 3,221 3,308 3,397 3,591 3,687 Legal T~~~nic.iCl!:l_~r: ~el11i~fy1~nthly _.. 1,567 I .!,~~ 1 1,,654 1,699 1,747 : 1,796 1,844 v______ Office Assistant Senior Spec. Hourly 18.01 18.51 19.01 19.52 20.08 I 20.64 21.19 Parks S~rvice Specialist aT H()~rly 27.02 27.77 28.52 29.28 30.12 30.96 31.79 Payroll Specialist Base +1 % 18.19 . 18.70 19.20 19.72 20.28 20.85 21.40 Web Support Specialist Base +2% 18.37 18.88 19.39 19.91 20.48 21.05 21.61 Base +3% 18.55 19.07 19.58 20.11 20.68 ; 21.26 21.83 . Base +4% 18.73 19.25 19.77 20.30 20.88 21.47 22.04 Gracie. 11 Building & Dev. Spec. I ~ngi'le_~r!.ng Technj.ciCl'!JL Recreation Prog. Coord. II Sign Shop Serv~c.~Specialist . Street Service Specialist Utilitie~.S.ervice Spe~ililist Water Operator Annual _,~~~ ,~_^ """ " ^~ ~M~ ~~ Monthly "~"_' Se!!li::fy1()nthJL... Hourly _ QI.Hourly . Base +1 % Base +2% Base +3% Base +4% }~,6,93 3,308 ...,1...6,54 19.01 : 28.52 19.20 19,39 . 19.58 . 19.77 ,..,. 40,.7~8. 3,397 !,69~_ 19.52 29.28 19.72 19.91 20.11 20.30 ...... . 1.1J~?7 3.494 , ,1.,.z.~? 20.08 30.12 20.28 20.48 20.68 20.88 ~.3,()~6. .. 3,591 .. .1,]96 20.64 30.96 20.85 21.05 21.26 21.47 .4:~!2A~. i 3,687 . 1,84:1. '. 21.19 . 31.79 . 21.40 I 21.61 21.83 22.04 . .4:5.,9.3.9 3,795 1&~8. 21.81 32.72 22.03 22.25 22.46 22.68 ,,46,Z5Q, 3,896 ..1,948 22.39 33.59 22.61 22.84 23.06 23.29 Grade 12 Annual 41 ,92]' ,~...43,09_~_ 44,2~5 . :4.?,1539 46,Z~Q. 47,982 49,339 . v~"~_~._, "" ... Court Home Detention Spec. Monthly 3.494 3,591 3,687 3,795 3,896 3,999 4,112 , F()':.~~t.!:Y...S.~rvi~. s.pec:..~r. . Sel11i,:fy1o.nt~Iy". ~!.r4:7. ._ J., !~l? 1.&~ . ..1.,8.98 1,9..18. ; 2,OPO 2,056 Parks Service Spec. Sr. Hourly 20.08 20.64 21.19 21.81 22.39 : 22.98 23.63 Probation Officer . , aT Ho~rly . 30.12 30.96 31.79 32.72 33.59 34.47 35.45 Recreation prog: Coord. III Base +1 % 20.28 . 20.85 21.40 22.03 22.61 23.21 23.87 Warrant Server Base +2% 20.48 21.05 21.61 22.25 22.84 23.44 24.10 WWTP Maintenance Tech. Base +3% 20.68 21.26 21.83 22.46 23.06 23.67 24.34 Base +4% 20.88 21.47 22.04 22.68 23.29 23.90 24.58 COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31, 2008 Page 35 of37 Grade 13 Annual 44,245 45,539 46,750 47,982 ~ 49,339 > 50,738 52,054 ~utomotive Equip. Tech. . Monthly 3,687 3,795 .. 3,896 3,999 4,112 4,228 4,338 Engineering Technician III Semi-Monthly 1,844 i 1,898 1,948 2,000 2,056 2,114 2,169 Maintenance Coordinator I Hourly 21.19 21.81 22.39 22.98 23.63 > 24.30 24.93 PC Technician OT Hourly 31.79 32.72 33.59 34.47 35.45 36.45 37.40 Sign Shop Service Spec~ ~r~ Base +1 % 21 .40 22.03 22.61 23.21 23.87 24.54 25.18 Streets Service Spec. Sr. Base +2% 21.61 22.25 22.84 23.44 24.10 24.79 25.43 Utilities Customer Service Rep. Base +3% 21.83 22.46 23.06 23.67 24.34 25.03 25.68 Utilities Service Spec. Sr. Base +4% 22.04 i 22.68 23.29 23.90 24.58 25.27 25.93 Water Operator Sr. WWTP lab Technician Grade 14 Annual 46,750 47,982 49,339 50,738 .. 52,054 53,515 55,061 Accountant Monthly 3,896 .,3,999 4,112 4,~28 4,338 4,~60 4,588 Community Resource Spec. Semi-Monthly 1,948 i 2,000 2,056 2,114 2,169 2,230 2,294 ~lIi1ding !Dev. Spec. II ~ourly 22.39 22.98 23.63 24.30 24.93 25.63 26.37 Planner I OT Hourly 33.59 . 34.47 35.45 36.45 37.40 . 38.45 39.56 WWTP Operator I Base +1 % 22.61 23.21 23.87 24.54 25.18 25.89 26.63 Base +2% 22.84 23.44 24.10 24.79 25.43 26.14 26.90 Base +3% 23.06 . 23.67 24.34 25.03 25.68 . 26.40 27.16 Base +4% 23.29 . 23.90 24.58 25.27 25.93 26.66 27.42 Grade 15 Annual 49,339 50,738 52,054 53,515 55,061 56,543 58,193 Assistant Network Admin. Monthly, 4,)12 4,228 4,338 4,460 4,588 4,712 4,849 Customer Service/PC Tech. Semi-Monthly 2,056 2,114 2,169 2,230 2,294 2,356 2,425 Electronics Technician Hourly , 23.63 24.30 24.93 25.63 26.37 27.08 27.87 Engineering Technician IV OT Hourly 35.45 : 36.45 37.40 38.45 39.56 40.62 41.81 Environmental Technician Base +1 % 23.87 24.54 25.18 25.89 26.63 . 27.35 28.15 ... Journey level Electrician Base +2% 24.10 24.79 25.43 26.14 26.90 27.62 28.43 lead Autom,otive Equip. Tech. Base +3% 24.34 25.03 25.68 26.40 27.16 : 27.89 28.71 lead Utilities Service Spec. Base +4% 24.58 25.27 25.93 26.66 27.42 .. 28.16 28.98 lead Water Distri,bution Spec. lead Water Operator Maintenance Coordinator II A~'A ,,~W~ Parks Facilities Specialist Parks lea~..Service Spec.~ Utilities Accounts Supvr. WWTP CMMS Technician WWTP Operator II Grade 16 Annual 52,054 i 53,515 55,061 56,543 58,193 59,884 61,533 Civil El1gineer I MQI1thly 4,338 ' 4,460 4,588 4,712 4,849 4,990 5,128 Cross Connection Cont. Spec. Semi-Monthly 2,169 2,230 2,294 2,356 2,425 2,495 2,564 Hourly, ,2,4..93 : 25.63 26.37 27.08 27.87 28.68 29.47 OT Hourly 37.40 38.45 39.56 40.62 41.81 43.02 44.21 Base +1% 25.18 : 25.89 26.63 27.35 28.15 28.97 29.76 Base +2% 25.43 26.14 26.90 27.62 28.43 29.25 30.06 Base +3% 25.68 26.40 27.16 27.89 28.71 29.54 30.35 Base +4% 25.93 . 26.66 27.42 28.16 28,98 29.83 30.65 COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1,2006 through December 31, 2008 Page 36 of37 Grade 17 Annual 55,061 56,543 58,193 59,884 61,533 63,287 65,020 Electronics Supervisor t:JIonthly 4,588 4,712 4,~49 " 4,99() 5,128 5,274 5,418 Facilities Inventory Supervisor Semi-Monthly 2,294 2,356 2,425 2,495 2,564 2,637 2,709 Network Administrator Hourly 26.37 27.08 27.87 28.68 29.47 30.31 31.14 Parks Maintenance Sup. aT Hourly 39.56 . 40.62 41.81 43.02 44.21 45.47 46.71 Planner II Base +1 % 26.63 27.35 28.15 28.97 29.76 30.61 31.45 Sign Shop Servo Spec. Sup. Base +2% 26.90 · 27.62 28.43 29.25 30.06 30.92 31.76 Streets ~~eryice Spec. Supvr. Base +3% 27.16 27.89 28.71 29.54 30.35 31.22 32.07 Utilities Service Spec. Sup. Base +4% 27.42 . 28.16 28.98 29.83 30.65 31.52 32.39 Water Distribution Sup. Water Resources Oprns. Supv. WWTP Maintenance Supv. WWTP Operations Supervisor Grade 18 Annual 58,193 . 59,884 61,533 63,287 65,020 . 66,837 68,674 Civil Engin.~er II Monthly 4,849 4,990 5,128 5,274 5,~18 5,570 5,7?3 Engineering Technician Sr. Semi-Monthly 2,425 . 2,495 2,564 2,637 2,709 . 2,785 2,862 Forestry Service Spec. Sup. l10urly 27.87 28.68 29.47 30.31 31.14 . 32.01 32.89 aT Hourly 41.81 43.02 44.21 45.47 46.71 48.02 49.34 Base +1 % 28.15 . 28.97 29.76 30.61 31.45 32.33 33.22 Base +2% 28.43 i 29.25 30.06 30.92 31.76 . 32.65 33.55 Base +3% 28.71 29.54 30.35 31.22 32.07 32.97 33.88 Base +4% 28.98 . 29.83 30.65 31.52 32.39 33.29 34.21 Grade 19 Annual 61,533 ! 63,287 . 65,020 66,837 68,674 70,407 72,182 Civil Engineer III Monthly 5,1~~ i 5,274 5,418 ~5,570 5,723 5,867 6,015 Semi-Monthly 2,564 . 2,637 2,709 2,785 2,862 . 2,934 3,008 Hourly 29.47 30.31 31.14 32.01 32.89 33.72 34.57 aT Hourly 44.21 45.47 46.71 48.02 49.34 50.58 51.86 Base +1% 29.76 30.61 31.45 32.33 33.22 34.06 34.92 Base +2% 30.06 30.92 31.76 32.65 33.55 34.39 35.26 Base +3% 30.35 31.22 32.07 32.97 33.88 34.73 35.61 Base +4% 30.65 : 31.52 32.39 33.29 34.21 35.07 35.95 COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2006 through December 31, 2008 Page 37 of37 - DATE SUBMITTED: 6-27-06 BILL # ()b-I~d- AGENDA BILL CITY OF BREMERTON CITY COUNCIL ..................................................................................m-..... SUBJECT: Collective Bargaining Agreement between the City and Teamsters Local #589 Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Executive Session 7-05-06 Financial Services Carol Conley, HR Manager 473-5347 Phone: SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Teamsters resulting in the attached Collective Bargaining Agreement (CBA). These negotiations have been discussed with Council in Executive Sessions. This CBA replaces the current one that expired on December 31, 2005. The new CBA is for a three (3) term, beginning January 1, 2006 through December 31, 2008. It was ratified by the Teamsters' membership on June 21, 2006. Council approval is required to implement this agreement. A TT ACHMENTS: Proposed Collective Bargaining Agreement between the City and Teamsters Local #589 FISCAL IMP ACTS (Include Budgeted Amount): There are sufficient funds set aside in the 2006 budget to cover the cost of the proposed contract. A General Fund budget adjustment for 2006 of $67,046 and a Utilities and Other funds adjustment of $154,048 to reallocate the labor costs from the Miscellaneous Non-departmental budget (set aside for Labor) to the various departments is required. The projected cost of this CBA for all funds in 2007 is $465,798 and in 2008 is $819,456. --;> ~~~~ CONSENT AGENDA f ;~~J/f;7~/( - RECOMMENDED MOTION: Motion to. approve the Collective Bargaining Agreement by and between the City and Teamsters. Local #589, January 1,2006 through December 31, 2008, and make the necessary amendments tie budget. COUNCIL ACTION: ~pprove D Deny D Table D Continue D No Action APPROVALS: DIVISION MANAGER CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: 2006-2008 Contract for Ratification <<"; ~<: \" COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 3 1,2008 I OF 35 TABLE OF CONTENTS TO THE AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND GENERAL TEAMSTERS LOCAL UNION NO. 589 JANUARY 1, 200{5.4 THROUGH DECEMBER 31, 200~5 PREAMBLE ......... ................................................................................................................................................... 5 ARTICLE 1 ........... Non-Discrimination ................................................................................................................. 5 ARTICLE 2 ........... Recognition............................................................................................................................... 5 ARTICLE 3 ........... Union Dues .............................................................................................................................. 6 ARTICLE 4 ........... Union Access ...........................................................................................................................7 ARTICLE 5 .......... . Wages......... ................................................................................................................................ 8 ARTICLE 6 ........... Hours Of Work .......................................................................................................................11 ARTICLE 7 ........... Overtime ................................................................................................................................12 NE\V ARTICLE...... Probationary Period.................................................................................... ARTICLE 8 ........... Vacation Leave .......................................................................................................................14 ARTICLE 9 ........... Holidays .................................................................................................................................17 ARTICLE 10 ......... Sick Leave And Industrial Disability .................. ............................... ................... ................. 18 ARTICLE 11 ......... Other Paid Leave ...................................................................................................................20 ARTICLE 12 ......... Retirement Benefits ................................................................................................................21 AR TI CLE 13 ......... Insurance Benefits ................................................................................................................. 22 ARTICLE 14 ........ . Work Related Expenses......................................................................................................... .23 ARTICLE 15 :........ Subcontracting Work .............................................................................................................27 ARTICLE 16 ......... Municipal Court Non-Civil Service Employees Employment Rights....................................27 ARTICLE 17 ......... Drug Free Work Place ...........................................................................................................28 ARTICLE 18 ......... Bus Passes .............................................................................:.................................................29 ARTICLE 19 ......... Management Rights ...............................................................................................................29 ARTICLE 20 ....... .. Work Stoppages .................................................................................................................... .29 ARTICLE 21 ......... Grievance Procedure ..............................................................................................................30 ARTICLE 22 ......... Severability ........................................................................................................................... .31 ARTICLE 23 ......... Entire Agreement ....................................................................................................................31 ARTICLE 24 ......... Conflicting Provisions ........................................................................................................... 32 ARTICLE 25 ......... Labor Management Committee .... .................................................... ....... ........................ ...... 32 ARTICLE 26.... .....Job Sharing ...............................................................................................................................30 ARTICLE 27 ..........Temporary Assignment And Special Assignment...................................................................31 ARTICLE 28 .......... Wastewater Treatment Plant Employees ...... ...........................................................................31 ARTICLE 29 ....... Teamsters Supplemental Pension Plan ...................................................................................35 ARTICLE 30... .....Downtown Parking................................................................................... ....32 NEW ARTICLE.. ...Automatic Promotion from Planner I to Planner If.............. ~.................................... FOR RAPAGE 2 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 3 1.2008 AR TI CLE 3 1 ....... . Term.. . .. . .. . . .. . .. .. . .. . .. . . . . .. . .. . .. . .. . . , . .. . . . . .. . .. . .. . . . . .. . .. . . .. . .. .. . .. . .. . . . . . .. .. . . .. .. . . .. .....3 2 APPENDIX A....... .............................................................................................. ..'................................................ .34 FOR RAPAGE 3 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO, 589 January 1,2006 through December 31,2008 ALPHABETICAL SUBJECT INDEX APPENDIX A ...................................................................................... .:... ....................................... ..'................... .34 AUTOMATIC PROMOTIONAL FROM PLANNER LTO PLANNER II (NEW)..................................... BUS PASSES ............................................................................................ ARTICLE 18 .....................................29 CONFLICTING PROVISIONS ................................................................ ARTICLE 24 ..................................... 32 DOWNTOWN PARKING ............... .................. .......................ARTICLE 30... ......... ... ... ..........32 DRUG FREE WORK PLACE .................................................................. ARTICLE 17 ..................................... 28 ENTIRE AGREEMENT ........................................................................... ARTICLE 23 ...................................... 31 GRIEVANCE PROCEDURE ................................................................... ARTICLE 21 ..................................... 30 HOLIDAYS ............................................................................................... ARTICLE 9 ....................................... 17 HOURS OF WORK ................................................................................... ARTICLE 6 ....................................... 11 INSURANCE BENEFITS ......................................................................... ARTICLE 13 .....................................22 JOB SHARING......................................................................................... . ARTICLE 26.......................................30 LABOR MANAGEMENT COMMITTEE ............................................... ARTICLE 25 ..................................... 32 MANAGEMENT RIGHTS ....................................................................... ARTICLE 19 ..................................... 29 MUNICIPAL COURT NON-CIVIL SERVICE EMPLOYEES EMPLOYMENT RIGHTS .................................................................... ARTICLE 16 ..................................... 27 NON-DISCRIMINATION ........................................................................ ARTICLE 1 .........................................5 OTHER PAID LEAVE ............................................................................. ARTICLE 11 ..................................... 20 OVERTIME .............................................................................................. ARTICLE 7 ....................................... 12 PREAMBLE .............................................................................................. .............................................................. 5 PROBATIONARY PERIOD (l'jEW) RECOGNITION........................................................................................ . ARTICLE 2 ......................................... 5 RETIREMENT BENEFITS ....................................................................... ARTICLE 12 .....................................21 SEVERABILITY ....................................................................................... ARTICLE 22 ..................................... 31 SICK LEAVE AND INDUSTRIAL DISABILITY .... ........................ ...... ARTICLE 10 ... ............... ................... 18 TEAMSTERS SUPPLEMENTAL PENSION PLAN............... ......... ..ARTICLE 29...... ...... ......... ... .. ...32 TEMPORARY ASSIGNMENT AND SPECIAL ASSIGNMENT ........... ARTICLE 27.......................................31 SUBCONTRACTING WORK .................................................................. ARTICLE 15 .....................................27 TERM ....................................................................................................... . ARTICLE 31 ..................................... 32 UNION ACCESS ...................................................................................... ARTICLE 4 ......................................... 7 UNION DUES ..................................................... ~.................................... . ARTICLE 3 ......................................... 6 VACATION LEAVE ................................................................................ ARTICLE 8 ....................................... 14 WAGES ...................................................................................................... ARTICLE 5 ......................................... 8 WASTEWATER TREATMENT PLANT - EMPLOYEES ...................... ARTICLE 28.......................................31 WORK RELATED EXPENSES ................................................................ ARTICLE 14 ..................................... 23 WORK STOPPAGES ............................................................................... ARTICLE 20 .....................................29 FOR RAPAGE 4 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 3 1,2008 AGREEMENT BY AND BETWEEN CITY OF BREMERTON and GENERAL TEAMSTERS LOCAL UNION NO. 589 JANUARY 1, 200~4 THROUGH DECEMBER 31, 200~4 PREAMBLE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City", and the General Teamsters Local Union No. 589 hereinafter known as the "Union" for the purpose of setting forth the wages, hours and working conditions which will be in effect during the term of this agreement for employees included in the bargaining unit described in Article 2 below. ARTICLE 1 NON-DISCRIMINATION 1.1 Non-Discriminatory Application - The provisions of this Agreement will be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, religion, national origin, political affiliation; or mental, physical or sensory handicap, unless based upon a bona fide occupational qualification. 1.2 Non-Discrimination--Union Activitv - The provisions ofthis Agreement will be applied equally to all employees in the bargaining unit without discrimination as to Union affiliation or legal Union activity or lack thereof. The City and the Union will each be responsible for complying with this provision. ARTICLE 2 RECOGNITION 2.1 Represented Emplovees - The City recognizes the Union as the sole and exclusive bargaining represen!ative for the purpose of negotiations concerning wages, hours and conditions of employment for all full-time employees in regular positions and part-time employees in regular positions in classifications set forth in Appendix A .and such classifications as may be added to the bargaining unit during the term of this Agreement by mutual agreement or by official action of the Public Employment Relations Commission. 2.2 Classifications Excluded - The classifications of elected officials, appointed officials on part-time boards and commissions, city attorneys, department heads and their assistants, and supervisors (unless specified in the union recognition section) are not included and will not be added to the bargaining unit. FOR RAP AGE 5 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 3 I, 2008 2.3 Emplovees Excluded: 2.3.1 Seasonal employees are employees used by the City to handle peak work load periods. Seasonal positions will be used for no more than eight (8) months in a calendar year in accordance with City Policy. 2.3.2 Temporary employees are employees used by the City for specific projects or programs, or to replace employees temporarily unable to work per Article 27.1. 2.3.3 Project temporary employees are assigned for the term of a specific project or program and may exceed one (1) year, provided, however, that the term of the assignment may be further extended by mutual agreement of the parties, and such employees shall be members of the union as per Article 3. 2.3.4 All other temporary employees shall be excluded from the bargaining unit with the understanding that neither the employees nor the positions will be used for more than a total of 12 months in accordance with the applicable Civil Service Rules. 2.3.5 Confidential employees regardless of the classification they occupy. 2.4 New Classifications - In the event the City creates a new position or reclassifies an existing position proposed to be exempt from the bargaining unit, the Union will be notified in writing. In the event that the Union disputes the City's proposed exemption of the new position from the bargaining unit, the Union will provide written notice specifying the reasons for dispute within thirty (30) calendar days of receipt of written notice from the City. In the event that the City and the Union are unable to resolve the dispute, either party may refer the issue to the Public Employment Relations Commission for resolution. ARTICLE 3 UNION DUES 3.1 Dues Deductions - Based upon mutual agreement, regular monthly union membership initiation fees, dues, agency fees and assessments will be deducted by the City from the pay of those employees who provide written authorization to the City to make such deductions. The City will transmit the total amount of deductions to the Union along with a list of employees and their Union~related deductions. 3.2 Maintenance of Membership - An employee covered by this Agreement who is a member of the Union on or after the execution of this Agreement will remain a member in good standing. Good standing will be defined as tendering of uniformly required periodic dues. Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of the employee, provided that when an employee fails to fulfill the above obligation, the Union will provide the employee thirty (30) days notification in writing of the Union's request to the City to initiate discharge action and during this period the employee may make restitution in the amount which is overdue. Should the employee make such restitution, the request for discharge will be withdrawn. 3.3 New Emplovees - New employees employed during the life of this Agreement will, within thirty (30) days of their respective date of employment, or upon the inclusion of their position in the bargaining FOR RAPAGE 6 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 3 I, 2008 unit, achieve good standing in the Union and will thereafter maintain such good standing as a condition of employment. Good standing will be defined as tendering of uniformly required periodic dues and fees. Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of such employee subject, however, to the same requirement for notification and opportunity for restitution as specified in Section 3.2 above. The City will notify the Union of newly employed bargaining unit employees as they are hired so a shop steward may be available at time of orientation. It shall be understood that new employees do not have the option to donate money to charity in lieu of paying dues. unless it is due to the bona fide religious tenets or teaching of a church or religious bodv of which the employee is a member. The employee will pay an amount of money equivalent to regular Union dues and fees to a non-religious charity or to another organization mutually agreed to between the employee and the Union. 3.4 Union Security - All bargaining unit employees not currently paying dues, shall be required to pay dues or donate an equal amount to a qualified charity as identified under IRS Code 501 C (3) Those employees donating money to a charity in lieu of the payment of periodic dues, shall be required by the Union to produce proof of payment to the charity. Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of the employee, provided that when an employee fails to fulfill the above obligation, the Union will provide the employee thirty (30) days notification in writing of the Union's request to the City to initiate discharge action and during this period the employee may make restitution in the amount which is overdue. Should the employee make such restitution, the request for discharge will be withdrawn. (The intent of this language is to address those current employees donating money to a charity in lieu of periodic dues payments). 3.5 Refusal to Join IJnion :::. An employee vlho refuses to join the Union on the basis oEbona fide religious tenets or teachings of a church or religiou~; body of which the employee is a membe-r-will-pay un ::"mount ofmone)' equivalent to regular Union dues and fees to a non religious charity or to another organization mutually agreed to bet\veen the employee and the Union. 3.6 Indemnification - The Union will indemnify and hold the City harmless from any and all liability resulting from the dues and fees deduction provisions specified in this Article. ARTICLE 4 UNION ACCESS 4.1 Union Representatives - The Union will provide written notice to the City of the names of the officials authorized to represent the Union. The City will provide reasonable access to City facilities to such authorized representatives for the purpose of investigating grievances and other legitimate Union business provided that such access does not unreasonably interfere with the work and duties of an affected employee or of other on-duty employees. 4.2 Shop Stewards - The Union will have the right to appoint six (6) Shop Stewards. The Union will make every reasonable effort to have no more than four (4) stewards from the same department. 4.2.1 The Union will provide written notification to the Human Resources Director of the name and assigned areas of all Shop Stewards appointed by the Union. The City will provide reasonable access to employee work places to Shop Stewards for the purpose of investigating grievances FOR RAPAGE 7 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 3 1,2008 provided that such access does not unreasonably interfere with the work and duties of an affected employee or of other on-duty employees. A Shop Steward will obtain the permission of his or her supervisor and the supervisor of the affected employee prior to contacting an employee during work hours. A Shop Steward may perform his or her Steward duties on City paid work time provided that such duties do not unreasonably interfere with the Steward's ability to perform the duties of his or her position with the City. In no event, however, will a City employee who is a Shop Steward be granted more than five (5) hours of paid work time for the purpose of investigating and resolving a single grievance. It shall be understood that the five (5) hours maximum does not mean five (5) hours per workday, but five (5) hours total time. ARTICLE 5 WAGES 5.1 Pay Rates - 5.1.1 Effective January 1, 200~4, the wages as shown in Appendix "A" shall be increased by two point three one oneene percent (2.311 % -l-%). Employees who have separated from City employment before the effective date of ratification of the contract by the Union and City Council shall not be entitled to any retroactive pay increase. 5.1.2 Effective January 1,20013-, the wages as shown in Appendix "A" shall be increased by 100% of the Seattle/TacomalBremerton CPI- W from June 200.2.:3- to June 200~4except that the increase. shall be no less .1han 2% if the Cr!- W is less than 2% and no greater than 5% if the CPI- W i~ more than 5%. 5.1.3 Effective January 1, 2008, the wages as shown in Appendix "A" shall be increased by 100% of the Seattle/TacomalBremerton CPI-W from June 2005S to June 2007, except that the increase shall be no less than 2.5% if the CPI-W is less than 2.5% and no greater than 5% if the CPI-W is ill.9re than 5%, plus the wages shall be jncreased .by I,SlYo .in ad<lWon to the CPI- W increase. Example#l: The CPI-W is 2.3%, therefore the total wage increase would be 3.5% (2.5~lJ. guaranteed minimum -+ 1 % ). Example #2: The CPI-W IS 5.2%, therefore the total wage 1I1crease would be 6.5% (5% maximum + 1.5%). 5.2 New Employees - A new employee's pay rate will be set at first step of the pay scale; however, a new employee may have his or her pay rate set at a higher step based upon relevant years and type of prior paid work experience. Placement of a new employee's pay rate at a step higher than the first step must be approved by the Department Director, the Human Resources Director and Finance. 5.3 Advancement throu2h Pay Rates - Advancement through the pay rates from the first step through the final step of the pay range will occur upon completion of the prescribed number of months or year(s) of continuous employment since the employee's last pay placement, provided, the City may withhold a step increase for work performance that does not "Meet Expectations". A step increase may be withheld for a maximum of twelve (12) months, during which time the employee will receive monthly evaluations. The employee's immediate supervisor will notify the employee in writing of expected failure to meet FOR RAPAGE 8 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 3 1,2008 expectations at least thirty (30) days prior to the due date of the work performance evaluation. If such notice is not provided the step increase will not be withheld. The withholding of a step increase will not change the employee's current anniversary step date for pay purposes. In the event that the employee "meets expectations" at one of the monthly evaluations during the subsequent 12 months, they will receive a step increase effective as of the due date of that monthly evaluation. It shall be understood that the increase will not be applied retroactively to the month(s) in which the employee received a rating below 'meets expectations". In the event an employee is on approved leave of absence without pay, in excess of eighty (80) consecutive work hours, the employee's next pay rate advancement date will be extended by the actual number of days the employee was absent on such leave. . 5.4 Pay Rate upon Placement at New Pay range- 5.4.1 Reclassification/downgrade to a lower classification - In the event an employee is reclassified from one classification to another classification which is at a lower pay range or, if an employee's classification is downgraded from one pay range to a lower pay range, the employee's pay tate at the lower pay range will be set at that step which is closest to, equal to, but not greater than the pay rate he or she was receiving at the former pay range. All time the employee had served at the former step toward advancement to the next step of the former pay range will be used in determining the time required to advance to the next step of the new pay range. If the employee is at final step or beyond the final step in the new pay range, then his/her pay rate shall remain frozen at that rate until such time as the final step provides for an increase. 5.4.2 Reclassification/upgrade to a higher classification - In the event an employee is reclassified from one classification to another classification in a higher pay range the employee will receive no less than the entry level step of the new pay range or a five percent (5%) pay increase,. whichever is greater; provided that no employee is thereby advanced beyond the final step of the higher pay range. The employee's advancement to the next step in the new pay range will be based on the effective date of the reclassification to the new pay range. 5.5 Longevity Pay - Longevity pay will be applied to the base hourly pay rate of each employee for years of completed continuous employment on the following basis: o through 5 years' continuous employment 0% Commencing 6 through 10 years' continuous employment 1 % Commencing 11 through 15 years' continuous employment 2% Commencing 16 through 20 years' continuous employment 3% Commencing 21 years and over continuous employment 4% 5.6 Premium Conditions - 5.6.1 Standby - An employee is placed on standby duty when the City requires the employee to be immediately available to report for work other than during his/her normal scheduled hours of work. When standby is implemented,. all qualified bargaining unit members, including leads and supervisory bargaining unit members, shall share in the standby hours or lists. 5.6.1.1 Standby Equipment - FOR RAPAGE 9 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 31, 2008 A. An employee on standby duty will be provided with a radio that has a police frequency. B. Assigned stand-by duty employees shall have the take home use of a city vehicle for the week, per City policy. 5.6.1.2 Standby Pay - The following standby rates will apply: A. Weekday or regular day off beyond two - Two (2) hours of employee's regular hourly rate of pay; B. Holiday - Three (3) hours of employee's regular hourly rate of pay; C. Regular day off - Three (3) hours of employee's regular hourly rate of pay up to a maximum of two (2) days; D. Type of Compensation - The employee shall receive pay as provided above for all stand-by duty. Employees may not accrue compensatory time for stand-by duty.may choose payor compensatBfy , time purs'..lUnt to Section 7.2.1. 5.6.1.3 Standby will normally consist of not more than seven (7) consecutive days, provided; however, based upon mutual agreement of the employee and immediate supervisor, the employee may be placed on standby in excess of seven (7) days. 5.6.2 Shift Differential- An employee assigned to work a shift schedule which begins at 12 noon or later and/or earlier than 6 a.m. will be compensated a shift differential. of seventy-five cents ($.75) per hour for each hour of the shift so worked. 5.7 Paydays - Paydays will be the 7th and 22nd of each month. If a payday falls on a Saturday, Sunday, or on a Monday holiday, the City will make every effort to distribute pay checks on Friday. The parties encourage employees to utilize "automatic deposit" of their paychecks. 5.8 Direct Devosit - New employees hired aftcr the date of ratification of this agreement by both parties, shall be required to sign up for direct deposit of their pay checks. 5.9 Payroll Errors - Should the City be responsible for any payroll error, adjustments in excess of fifty ($50.00) dollars will be paid within two (2) business days. FOR RAPAGE 10 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31,2008 ARTICLE 6 HOURS OF WORK 6.1 Normal Hours of Work - The normal hours of work for regular full time employees will be forty (40) hours per week. The normal hours of work for regular part time employees will be the number of hours per week that the Department Head schedules which will not exceed forty (40) hours per week and will not exceed the Department's approved budget allocation for the position. 6.2' Normal Work Schedule - The normal work schedule for regular full time employees will consist of five (5) consecutive eight (8) consecutive hour days~ or four (II) consecutive ten (10) consecutiyc hour tia:y&.- Alternate work schedules, i.e. 4110's, 9/80's, may be approved at the discretion of the Department Director when they are in the best interest of the City. The 4/ I 0 schedule as referenced in this document also means an alternate work schedule as provided herein. The Department and employee may mutually agree to any other work schedule by the filing of an alternate work schedule form that shall require the approval of the Department and the Human Resources Manager. Except in emergency situations (such as weather and acts of God) employees will be given fourteen (14) calendar days notice of any change in their normal work schedule, except that Public Works and Utility Department employees will be given seven (7) calendar days notice of any change in their normal work schedule, otherwise employees will receive overtime compensation. The normal work schedule for regular part time employees will be that which is scheduled by the Department Head and shall consist.of no more than five (5) consecutive days in a workweek. The normal work schedule will usually be set to begin on Monday and conclude on Friday but may be set to begin on another week day and conclude five (5) consecutive days thereafter, based upon the needs of City. The City will make every reasonable effort to schedule employees with. two (2) consecutive days off between workweeks. 6.3 Meal Periods - All employees shall have a regularly designated mealtime, 30.minutes or one (1) hour in length, without pay, which shall be scheduled by the Department Director or designee. The thirty (30) minutes or one (1) hour designated mealtime includes travel time.to and from the work site. The lunch period will take place no sooner than three (3) hours and no later than five (5) hours from the beginning of a 5/8 schedule, and no sooner than four (4) hours and no later six (6) hours from the beginning of a 4/1 0 schedule. No employee will be required to work more than five (5) consecutive hours without a meal period. An employee who works three (3) or more hours beyond their normal work day shall be allowed at least one thirty (30) minute meal period either prior to or during the overtime period. When an employee is required by the City to remain on duty on the premises or at a prescribed work site when it is in the best interest of the City during a meal period, the meal period will be paid as time worked. 6.3.1 Employees shall be allowed one (1) rest period (break) per one half (1/2) shift (workday) provided: A. The time, length and location of break is determined by the employee's supervisor, with the understanding that the employee shall receive no more than fifteen (15) minutes. B. Break periods will be scheduled as near as possible to the midpoint of a work period. The City will make a reasonable effort to ensure that no employee is COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 3 I, 2008 FOR RAPAGE I I OF 33 required to work more than three (3) hours without a rest period. C. The purpose of granting breaks is to relieve fatigue and mental strain on the job; therefore; 1. Combining two (2). daily breaks into one thirty (30) minute break IS not permitted. 2. Using breaks to lengthen meal periods, to cover tardiness, or to leave work early is not permitted except under special circumstances and with the approval of the Department Director or designee. 3. Accumulating breaks from day-to-day is not permitted. ARTICLE 7 OVERTIME 7.1 Overtime Defined - Overtime is all required and authorized work performed in excess of a full time employee's normal 40 hour and/or daily work schedule. Overtime includes required training, instruction, callback and other such work which is required and authorized by the City, and is performed during an employee's normally scheduled off duty time. . Overtime for regular part-time employees is all required and authorized work performed in excess of forty (40) hours during. the. employee's weekly work schedule pursuant to Article 6, Section 6.2. The use of any paid leave time will be considered as time worked for the purpose of calculating overtime. 7.2 Overtime Compensation - Overtime work will be compensated at the rate of one and one-half (1-l/2) times an employee's hourly rate in cash or in compensatory time. The form of overtime compensation will. be at the election of the employee provided Compensatory time off will be taken by mutual agreement between the employee and supervisor. Upon the death of the employee, accrued compensatory time shall be paid to the employee's estate. 7.2.1 Use Of Compensatory Time - The maximum allowed accrual of compensatory time shall be fifty (SO) hours, and all overtime accrued in excess of that maximum shall be paid at the applicable rate. Employees who wish to cash out all or a portion of his/her accumulated compensatory time will have the option to receive this pay the pay period ending November lSth last pay day of November. Employees who wish to exercise this option shall submit their request, in writing, to the Department Director, no later than November 15t of each year. 7.3 Telephone Calls To Emplovees - If an employee receives a work related telephone call while off duty, he/she shall receive a minimum of one quarter (1/4) hour pay at the overtime rate for each call, provided, however, that additional calls received by the employee within the quarter hour minimUm shall not pyramid. 7.4 Call Back Minimum Overtime - In the event an employee who has departed from his or her normal work hours is called back to work for a period of time which is less than two and a half (2.S) hours, the employee will receive a minimum of two and a half (2.S) hours of overtime compensation. A call back initiates a two and a half (2.S) hour guarantee period. Subsequent call backs will not initiate an FOR RAPAGE 12 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 31, 2008 additional two and a half (2.5) hour guarantee period until the original two and a half (2.5) hour guarantee period has passed. 7.5 Court and/or Subpoenaed Appearances - An employee who appears in Court or responds to a subpoena as a representative of the City which is related to his or her employment on off duty time shall receive overtime compensation for such appearances. If the employee is being prosecuted for a willful, illegal act in the performance of their duties as a city employee, they will not be paid for time unless they are found innocent and/or the case is dismissed. 7.6 Use of Bar2ainin2 Unit Employees for Overtime - The City shall offer a.T. to qualified bargaining unit employees within the division prior to utilization of temporary employees for such a.T. The City will make a reasonable attempt to offer this work by seniority. 7.7 Emer2enCy Crews - Employees may be pre-assigned to an emergency shift schedule (e.g. 12-hour shift for Snow Removal Crews). Crews will be designated as follows: "A" shift and "B" shift. Employees on emergency crews will receive shift differential pay and work the 12-hour shift throughout the period of the emergency. Employees in each crew (both "A" and "B" shifts) called out for an emergency shift shall receive two hours callout (overtime) pay for the first full 12-hour shift. (e.g. Pay would be 2 hours overtime for the call-out, 6 hours straight time, plus 4 hours overtime. That crew's next emergency shift pay would be 8 hours straight time plus 4 hours overtime.) Pay for call-outs prior to the full emergency shift will be in accordance with overtime and callout policy per Article 7. If the callout occurs within two (2) hours of the first emergency shift, the first emergency shift crew will respond and work continuously through the shift. EXAMPLES: Snow Removal Crew - If an emergency schedule is initiated after 10 p.m. but before the normal shift (7:30 a.m.), the "B" shift will be called in and work until noon or eight hours minimum. If the callout occurs prior to 10 p.m., the "A" shift will be called in and work until midnight when "B" shift will relieve. If the emergency is declared during the normal work shift,. "B" shift will work the normal eight (8) hours then be released; "A" shift will work until midnight when relieved by "B" shift. Other Emer2enCy Crews - Any other divisions may use other start/quit times, but will follow the principle of the example of the Snow Removal Crew. When the Division Manager has determined that the emergency condition is over, the crews will revert to their regularly scheduled shift. The transition shifts going into and out of the emergency shift schedule, will work until released by the supervisor, however, they shall work a minimum of eight (8) hours during the transition shift. NEW ARTICLE - PROBATIONARY PERIOD New Employees - New employees hired after the effective date of ratification of this agreement shall be required to serve a probationary period of one (1 ) year. Probationary emplovees are "at will" employees FOR RAPAGE 13 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 3 1,2008 during their probationary period and during that time may be terminated without reason or cause and have no recourse to any Civi I Service appeal process. Promoted Emplovees - Emplovees promoted shall serve a six (6) month promotional probation period which shall comply with the Civil Service Rules of the City of Bremerton for promotional probation. ARTICLE 8 V ACA TION LEAVE 8.1 Vacation Accrual - Employees shall accrue vacation leave for all regularly scpeduled compensated hours including paid holiday, sick leave, vacation and other paid leave time, excluding workers' compensation time loss benefits pursuant to the following schedule: Period of Continuous Full Time Emplovment Hours Accrued/Y ear Date of Hire through 5 years 6th year 7th year 8th year 9th year 10th year 11 th year 12th year 13th year 14th year 15th year 16th year 17th year and thereafter 104 Hours 120 Hours 128 Hours 136 Hours. 144 Hours 152 Hours 160 Hours 168 Hours 176 Hours 184 Hours 192 Hours 200 Hours 208 Hours 8.2 Vacation Eli2ibilitv - An employee becomes eligible to take accrued vacation leave upon completion of six (6) months of continuous employment. Probationary employees may be permitted to use earned vacation leave due to extenuating circumstances solely at the discretion of the Department Director. Vacation leave may not be taken in less than one-quarter (1/4) hour increments. Vacation leave must be earned in the pay period prior to the time an employee takes any vacation leave since accruals are added to an employee's leave balance after payroll has been posted. 8.3 Vacation Schedulin2 - Annual vacation leave will be mutually scheduled between the employee and his or her Department Head or designee. Vacation leave must be approved by the Department Head prior to an employee taking the time off. In the event more than one employee requests vacation leave for the same time period submitted on the same day, the requesting employee with the greatest city-wide seniority shall be granted the vacation leave. 'rhe Department shall make a good faith effort to respond to a vacation leave request in a timely manner. 8.4 Maximum Vacation Accrual - The maximum number of vacation accrual hours that any employee will be allowed to carry forward from one calendar year to the next will be as follows: FOR RAPAGE 14 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January], 2006 through December 31,2008 Years of Service Maximum Carryover Hours Date of Hire through 5 full years of employment Over 5 full years of employment 160 Hours 240 Hours 8.5 Carryover - In the event an employee has been prohibited from taking sufficient vacation time to reduce his or her vacation balance to the maximum allowable carryover at the end of a calendar year, (or unable to because of absence from work due to illness or disability) the excess hours will be carried forward into the next the calendar year. An employee who fails to request scheduled vacation time during the year and whose accrued vacation hours exceed the maximum carry' over balance at the end of the calendar year shall forfeit such excess vacation hours. 8.6 Vacation Pay-Out - Upon the retirement or separation of a regular employee, or upon the date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid to the employee in a lump sum payment at the employee's straight time hourly rate at the time of separation except an employee shall not be paid vacation payout unless employed over six (6) months). 8.7 Payment of Vacation Leave Upon Death - In the event of the death of an employee, the employee's estate will be paid in a lump sum for the total accrued and unused vacation leave hours at the employee's regular hourly pay rate in effect at the time of death. 8.8 Donations Of Vacation Leave - Donations of Vacation leave permit employees to aid any City employee who is suffering from an extraordinary or severe illness, injury, impairment, physical or mental condition which has caused or is likely to cause the employee to take leave. without payor to terminate his or her employment prior to a determination that the affected employee is not expected to recover to an extent that will enable the employee to resume his or her.normal duties or the duties of another position with the City or another employer. 8.8.1 Elh?:ibilitv - An employee who (1) is suffering from an illness or injury causing his or her extended absence from work, and (2) who has depleted or will shortly deplete his or her total available accrued vacation, compensatory leave accrual, sick and floating holiday leave, may request donations of vacation leave. 8.8.2 Criteria For Approval - A request for donations of vacation leave shall be submitted to the requesting employee's Department Head accompanied by medical documentation verifying the medical condition requiring the need for leave, and the time period during which the employee can reasonably be expected to be absent from work due to the condition. Upon verifying that the requesting employee meets all of the eligibility requirements above and upon determining that the medical documentation received provides appropriate verification of the medical condition and time period involved, the Department Head will recommend the employee's request for donations of vacation leave be approved by the Mayor. The Mayor will review the request to assure that all of the requirements set forth in this subsection have been met and, if so, shall approve the employee's request for donations of vacation leave. FOR RAPAGE 15 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31,2008 8.8.3 Notification - Upon approval by the Mayor, all City employees shall be notified of the approved request for donation of leave. 8.8.4 Conditions Of Donation - An employee who has been employed for at least six (6) months who desires to donate accrued vacation leave to a requesting employee will do so as a free and voluntary act and no duress or coercion shall be placed upon an employee to make such donation of hislher accrued vacation leave. Employees who are utilizing donated leave to cover their own absences may not donate leave to another employee until such time as they have returned to their normal schedule, and any excess donations made to them have been returned pursuant to 8.7.5 below. An employee who desires to donate vacation leave shall complete a Donation of Vacation Leave Form and submitit to hislher Department Head. The donated vacation leave will be transferred to the requesting employee's sick leave balance with the next payroll report. Forms will be date stamped and all time donated shall be in full hour increments and shall be credited to the employee on an hour-for-hour basis. A monthly update of the condition of the employee by the attending primary medical doctor shall be required and furnished to the Department Director. 8.8.5 Use Of Donated Leave - An employee who has received donated vacation leave will be able to use the sick leave in the same manner as if he or she had personally accrued the leave, provided that the use of the sick leave is in conformance with the provisions of this Article. 8.8.6 Return Of Excess Leave Donations - Donated leave will remain in the employee's sick leave balance for a period of six (6) months from an employee's return to work, and may only be used by the employee for absences related to the condition for which it was. donated. In the event of excess donations received but not used due to early recovery, resignation, retirement or death, all donations received but not utilized..shall be returned to the donating employee(s) based on the proportion of hours that employee donated in relation to the total hours donated by all employees (e.g. an employee who donates 50 hours of 450 hours total donated shall be credited with 50/450ths of the hours not utilized). Such returned leave shall be reflected in the appropriate leave balance as soon as possible. Time donated for this purpose will not be considered as time used during the donor's performance rating period. 8.9 Administrative Leave - Any bargaining unit employee may be placed on Administrative Leave (leave with pay) for reasons in the best interest of the City and/or employee (e.g. to diffuse a work-related or personal problem or to conduct an investigation). The City may place certain restrictions on an employee on Administrative Leave and require him/her to be available during his/her normal work schedule. Employees nonnally scheduled to work on other than an 8 am to 5 pm schedule shall be put on a 9 AM - 5 PM schedule when placed on Administrative Leave. If an emplovee is unavailable at any time during the alternative time schedule, then a leave slip must be turned in to cover the amount of time the employee is unavailable. FOR RAPAGE 16 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31, 2008 8.10 Cancellation of Vacation Leave bv City - If an employee has an approved vacation canceled by the City, the City will reimburse the employee for all verifiable non-refundable expenses incurred by the employee after the date the Leave Request was approved. ARTICLE 9 HOLIDAYS 9.1 Holidays Observed - The following holidays will be observed by the City: HOLIDAY DATE OBSERVED New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day One Floating Holiday January 15t 3rd Monday in January 3rd Monday in February Last Monday in May July 4th 1 st Monday in September th November 11 4th Thursday in November 4th Friday in November December 25th Approval of Supervisor 9.1.1 In addition, any other holiday legally proclaimed by the Federal or State government, provided that the City takes official action to have such holiday also observed by the City. 9.2 Alternative days of Holiday Observation - If a holiday observed by the City falls on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed on the following Monday. If the day a holiday is observed by the City falls on an employee's regularly scheduled day off, the employee will receive an alternate day off as a paid holiday during the same or following pay period. 9.2.1 Floating Holiday - One (1) floating holiday (eight (8) hours) will be granted to each employee at a time which is mutually agreeable to the employee and the employee's immediate supervisor. New employees shall have been employed by the City for six (6) months in order to qualifY for a floating holiday. Floating holiday leave may not be taken in less than one (1) hour increments. 9.3 Holiday Compensation (Full Time Employees) - An employee shall receive eight (8) hours of time off with pay for each holiday observed by the City, including a floating holiday of each employee's choice. An employee who is assigned at the City's request to work a four-day ten (10) hour schedule will receive ten (10) hours of time off with pay for each holiday. In order to receive holiday compensation, each employee must work or be on authorized paid leave on the scheduled work day prior to or the scheduled work day immediately after each holiday. 9.4 Holiday Compensation (Part Time Employees) - Part-time employees who regularly work 20 or more hours per week will receive pro-rated Holiday Leave based upon their average normal workdav, but in FOR RAPAGE 17 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31, 2008 no case less than four (4) hours. fifty (50%) percent of their normal '.vork day, provided they v"ill fcceive not less than four (Jj) hours. 9.5 Workin2: on a Holidav - An employee required to work on a holiday will be compensated at one and one-half (1-1/2) times the employee's regular straight time rate of pay for the time worked in addition to regular holiday pay provided in 9.3 above. ARTICLE 10 SICK LEAVE AND INDUSTRIAL DISABILITY 10.1 Sick Leave Accrual - Employees will accrue sick leave time with pay at the rate of four hours per pay period A46-t-~<1 hours for each regular hour vlorked, including paid holiday, sick leave, vacation and other paid leave time and excluding time for which workers' compensation time loss benefits are paid. Employees who are on a leave of absence without pay will have their leave pro-rated if they have worked any portion of a pay period at .046154 for each regular hour worked as outlined above. The maximum annual accrual will be ninety-six (96) hours. 10.2 Maximum Sick Leave Accrual- Employees will be able to accrue sick leave to a maximum of 1200 hours on January 1 st of each year. 10.3 Sick Leave Incentive - Effective January 1,2007, any non-probationary employee covered under this Agreement who does not utilize his/her sick leave benefit from January l't through June 30lh in a calendar year shall have their vacation leave balance credited with (8) additional hours on the pav period ending July 31 Sl, and, any non-probationary employee who does not utilize his/her sick leave. benefit from July 1 st through December 31 5t shall have their vacation leave balance credited with eight (8) additional hours on the pay period ending January 31 st. An employee who takes thirty two (~2) hours or less of sick leave in the calendar year '.vill have eight (8) hours added to his or her vacation leave balance at the-beginning of the following calendar year. 10.4 Sick Leave Retirement Payment - An employee who retires from City service on a service or disability retirement will be provided a Sick Leave Retirement Payment at thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum. total of 336 hours). The payment will be made to the employee at the employee's regular hourly pay rate in effect at the time of retirement. 10.5 Payment of Sick Leave Upon Death - In the event of the death of an employee, the employee's estate will be paid for the total accrued and unused sick leave hours at the employee's regular hourly pay rate in effect at the time of death. 10.6 Sick Leave Use - Sick leave shall not be granted in advance of actually being accrued. Sick leave will be made available to each employee up to the amount of each employee's accrued sick leave balance and shall be used in increments of no less than one-quarter (114) hour to cover an employee's absence from his or her regularly scheduled work hours due to: 10.6.1 The temporary disability of an employee resulting from his or her personal illness or injury. FOR RAP AGE 18 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31,2008 10.6.2 10.6.3 10.6.4 10.6.5 10.6.6 Providing care for: a) a child ofthe employee under the age of 18 when they have a health condition that requires supervision or treatment; or b) a spouse, parent, parent-in-law or grandparent of the employee who has a serious health condition or an emergency condition. Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment. Upon the birth or adoption of a child, an employee may use accrued sick leave pursuant to FMLA. Providing care for an employee's immediate family member as provided for in Section 10.6.2, when the family member has a health condition that requires the assistance of an adult caretaker until such time as other care can be arranged. No more than forty (40) hours of sick leave can be used for this purpose for the following family members: brother, sister, brother/sister in-law, grandparent's in-law, grandchildren, and step relations as described herein of both the employee and the employee's spouse. (Revised RCW 49.12.270 as of 1-1-04). Only when ,ill employee has exhausted all sick leave accrued may he/she use other tvpes of leave to cover his/her absence. 10.7 Notification of Sick Leave Use - An employee who is absent or expects to be absent from work due to causes specified in 10.6 above, will provide notification as follows: 10.7.1 10.7.2 Routine Appointments -.An employee who schedules a routine medical, dental oLoculist appointment will make every reasonable effort to schedule such an appointment at a time, which will cause the least interference with departmental operations. The employee shall give prior notice of the date and time of the appointment to his/her immediate supervisor. f An employee's immediate supervisor may request that the employee reschedule routine appointments when, in the judgment of the supervisor, the scheduled absence of the employee would unduly interfere with the operations of the Department, however, the immediate supervisor will not unreasonably require an employee to reschedule routine medical, dental or oculist appointments. . Unanticipated Absence - An employee who is absent from work or will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in 10.6 above, will promptly notify their immediate supervisor, or if unavailable, the department/division manager by telephone as soon as practicable and will make every effort to notify their immediate supervisor, or if unavailable, the department/division manager within the first one-half hour of each work day or, if possible, within the one-half hour preceding each work day of absence. In the event neither the immediate supervisor nor the department/division manager can be contacted directly, the employee may leave a voice mail message. However, the employee is obligated to speak directly to the employee's immediate supervisor or the department/division manager during the day of the employee's FOR RAPAGE 19 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 31,2008 absence. Each employee will be given contact information (including office/cellular/pager numbers), to the employee's immediate supervisor and department/division manager. In the event of a prolonged illness or injury, the Department may exempt an employee from the requirement to report their absences on a daily basis, and may establish an alternative reporting arrangement appropriate to the circumstances. 10.7.3 Sick Leave durin!! Authorized Paid Leave - An employee who becomes ill or is injured during his/her paid vacation or compensatory time off for accumulated overtime, may request the conversion of such paid leave to sick leave with pay by promptly notifying the department of the illness or injury and providing such information as is required by the department to verify the appropriateness of such a conversion. 10.8 Sick Leave Documentation and Approval - An employee who has been absent on sick leave will, within the first work day after returning to work, complete and submit a request for approval of sick leave on the City's Leave Request form, and provide such information as is required by the Department to approve the use of sick leave with pay for the absence. Sick leave must be approved by the Department prior to payment. The Department will not unreasonably withhold approval of sick leave with pay from employees. 10.8.1 Sick Leave Certification - The. Department may require an employee to provide a professional physician's certification of an employee's, child's or family member's illness or injury as a condition of approving sick leave with pay. In the event the Department intends to require such verification, the employee will be notified of the requirement prior to returning to work. 10.8.2 Return to Work/Fitness for Duty Certification - The Department may require an employee to provide a Fitness for Duty certification completed by a professional physician that the employee is sufficiently recovered as to be able to return to work and assume his or her normal duties prior to the employee returning to work .or, in the event the employee has appeared at work, prior to resuming work. Ifthe department does not allowthe employee to return to work due to the need for a Fitness for Duty certification, the employee will be allowed to continue the use of sick leave. 10.9 Industrial Disability Leave - An employee who incurs a work-related illness or injury and who qualifies to receive Workers' Compensation benefits will be allowed to use accrued sick leave to supplement the Workers' Compensation benefits so as to provide the same gross pay he or she would have received for full time, active service. In no event will the combination of Workers' Compensation and employee sick leave exceed 100% of an employee's regular pay rate at any time of the disability period. ARTICLE 11 OTHER PAID LEAVE 11.1 Bereavement Leave - An employee will be granted three (3) days of bereavement leave for attending funerals in the State of Washington and five (5) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child, mother, father, mother/father in-law, brother, sister, brother/sister in-law, grandparents, grandparents in-law, FOR RAPAGE 20 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 3 I, 2008 grandchildren, step relations as described herein of both the employee and the employee's spouse. All time off for bereavement leave may be charged against an employee's vacation, floating holiday, sick leave or compensatory time leave balance at the option of the employee, if available. Additional time off may be requested by the employee and granted by the Department head in extenuating circumstances. 11.2 JUry Duty, Witness Leave - An employee shall be granted a leave of absence with pay for the purpose of reporting to or serving on jury duty or serving as a witness on a case relating to their job with the City, except in those instances when the employee is involved as a party in an action being taken against the City. Any juror or witness fees received by the employee for the performance of such duties shall be assigned to the City. If more than 2.5 hours oftheir workday remains at the time of release from jury duty or serving as a witness, the employee shall report for duty. 11.2.1 City Notification - Employee shall be required to notify the City immediately upon receipt of written notification from the Court that they must report for Jury Duty or serve as a Witness as the result of a case related to his or her employment, by submitting a Leave Request form with a copy of the Jury Duty/Witness Notice attached. Upon telephone confirmation by the Court to report, employee shall immediately notify the on-duty supervISOr. 11.3 Military Duty Leave - An employee who presents official orders requiring his/her attendance for a period of training or other active duty as a member of the United States Armed Forces or the State National Guard shall be entitled to military leave with no loss of pay for a period not to exceed fifteen (15) work days annually. Authorized leave of absence for additional or longer periods of time for, assignment to duty functions shall be without pay (unless the employee chooses to use accrued vacation leave or compensatory time) and shall be granted by the City. An employee receiving up to fifteen (15) work days of training or serving on active duty shall receive their regular pay and the amount received from the Federal or State government, pursuant to RCW 38.40.060 as may be amended from time to time. 11.4 Emen!ency Leave - In the event of an unforeseen emergency which requires the absence of an employee, the employee will promptly notify his or her immediate supervisor, or in the absence of the immediate supervisor, the manager on duty in the Department within the first one-half hour of each work day or, if possible, within the one-half (1/2) hour preceding each work day of absence. Such emergency leave shall be charged to an employee's unused vacation, floating holiday or compensatory time leave balance. ARTICLE 12 RETIREMENT BENEFITS 12.1 State Retirement System - Each employee will be enrolled in the Washington State Retirement system for which he or she qualifies. Contributions to the Retirement system will be made on a pre-tax basis. Each employee will be covered by the federal Social Security Act. COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO, 589 January 1,2006 through December 31,2008 FORRAPAGE210F33 ARTICLE 13 INSURANCE BENEFITS 13.1 Medical Insurance - The City will make medical insurance coverage available to employees and their dependents, as follows or another plan of equivalent or better coverage: . Kitsap Physician's Service (KPS) Plan B . Oroup Health Cooperative (OHC) 13.2 Insurance Premium Payments - Payment of insurance premiums will be made as follows: 13.2.1 Employee premiwn paid in fult by the City. Em:ployee contribution toward dependent coverage will be seven ($7) dollars per month pOl' dependent up to a maximum of twenty one ($21) dollars per menth for full family CBV€fage-; 13.2.2 Effective January 1, 2005, Section 13.:2.1 no longer applies. Employees will be required to pay the following contributions towards the monthly premiums for medical coverage effective as of the 1 st of the month following ratification of the agreement: KPS Plan B or Group Health: Employee only coverage Dependents coverage Employee Employee 0% 5% City 100% City 95% G-Jl(; Employee only coverage Employee pays 100% of the difference between the City's cont-ft8ution to KPS Phm 13 E~mployee only (\.ovemge and the cost of OllC employee only coverage. Dependent eo"/eruge Employee pays 1 00% of the difference between the City's contribution to KPS Plan 13 dependents coverage and the cost of OHC dependents coverage. 13.2.3 Effective January 1, 2008 emplovees will be required to pav the following contributions towards the monthly premiwns for medical coverage: Employee only covera2e: Employee 0% City 1 00% Dependents covera2c: Employee 10% City 90% 13.2.4 STIPENn IN LIEU OF MEnlCAL COVERAGE - An employee who waives the right to obtain medical insurance coverage through the City and who provides proof of credible coverage through his/her spouse or other source shall be entitled to receive a stipend of one hundred fifty dollars ($150.00) per month. payable in the amount of seventy-five dollars ($75.00) per pay. Employees shall be required to notif)' Human Resources, in writing, during open enrollment, of thcirdesirc to waive medical coverage, or at anytime eluring the year if a qualifying event occurs which would change their COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31,2008 FOR RAPAGE 22 OF 33 status (e.g. marriage, divorce, spouse loss ofiob or medical coverage). For initial implementation of this benefit for those who elect to waive coverage, the payment of the stipend wi II not be retroactive to January 1, 2006, but \\till become em~ctive the first pay period or the next month following ratification of the agreement. Since both KPS and Group Health underwriting requirements require a 75% participation rate, in the event that there is less than a 75% participation rate due to employees waiving medical coverage, the City may cease offering the stipend due to the adverse impact upon those insured. 13.3 Dental Insurance - The City will provide the same benefit levels as are contained in the Washington Dental Service Plan F dental program for employees and their dependents and provide for full payment of insurance premiums. 13.4 Insurance Benefits Committee - The Insurance Benefits Committee will be comprised of the following members: Mayor or designee, Human Resources Manager or designee, i\clministmtive Services Financial Services Director or designee, one employee selected by the non-represented management and professional employees, and one individual selected by each of the recognized unions. The committee will elect a chair and any other officers it deems appropriate. 13.5 In the event changes in state or federal law create an impact on the present health and welfare premiums or plans, the parties will reopen negotiations on such subject. 13.6 Vision Insurance - The City will pay the premium for the Washington Teamsters Welfare Trust Vision. Plan for all bargaining unit employees employed in the previous month.. It shall be the responsibility of the employee to ensure that the required paperwork is completed in a timely manner in order to..enroll him/herself anelloI' dependents. ARTICLE 14 WORK RELATED EXPENSES 14.1 Uniforms - The City will provide new and replacement uniforms for. each employee. in the department whenever the department head determines it is in the besUnterest of the City. The characteristics of the uniform and what will constitute the uniform shall be at the sole discretion of the Department Head or designee. 14.1.1 Employees furnished uniforms shall be required to wear their uniform when performing work and required by the department. 14.1.2 Standard uniforms provided by the City through uniform service contracts; i.e., shirts, pants and jackets, will be maintained by the City at City expense. All other uniform apparel such as polo shirts, tee shirts, etc., purchased by the City shall be maintained by the employee at the employee's expense. 14.1.3 Employees are expected to take reasonable care of their uniforms. Employees shall notify their supervisor when uniforms are in need of replacement and/or repair. 14.1.4 City uniforms shall not to be worn during non-work hours or to non-work locations, except for incidental stops to or from work and meal periods. FOR RAPAGE 23 OF 33 COLLECTIVE BARGAfNfNG AGREEMENT for ratification CITY OF BREMERTON, W ASHfNGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31, 2008 14.1.5 While in uniform, employees shall not publicly drink intoxicating liquor, be publicly intoxicated or under the influence of a controlled substances. 14.2 Cleanin2 Allowance- The cleaning allowance for Warrant Servers shall be $350.00, which shall be paid in the pay period ending January 15th. 14.3 Warrant Servers - The City will provide five (5) uniforms to Warrant Servers. 14.4 Tool Allowance - Vehicle Maintenance: 14.4.1 The City will provide an annual tool allowance of $300 per mechanic to buy more efficient tools or to replace lost, broken, or stolen tools as follows:-:- Effective as of January 1. 2006 in the amount of$425.00 Effective as of January], 2007 in the amOlmt of $450.00 Effective as of January 1,2008 in the amount of$475.00 ] 4.4.].] Payment of the tool allowance will be made in the pav period ending January 15th. 14.4.1.2 Should an employee separate fl.-om City employment during the vear, a pro-rated reimbursement to the City for the tool allowance shall be withheld from the employee's final pavcheck, based upon the number of months left in the calendar year. Example: Employee receives $425 tool allowance in Januarv and then separates from employment in May. Emplovee would be required to reimburse the City in the amount of $247.94 ($425.00 divided by 12 = $35.42/month x 7 months {June through December} ). 14.4.2 The City will purchase all specialty or new tools that are required to perform the job because of changing technology or City equipment. 14.4.3 Replacement of tools lost or stolen on City property or while performing City business will be replaced in accordance with City Policy #3-10-16. 14.4.4 All special and heavy duty tools, power tools, and tools larger than one-half (1/2) inch drive will be furnished and maintained by the City. The City will service and repair all employee owned pneumatic and calibrated tools. COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31,2008 FOR RAPAGE 24 OF 33 14.5 Safety Shoes -The City will reimburse employees up to u maximum of$125.00 for the cost ofWrSllA approved safety or calked shoeslboots, when the Department/Division has determined that they are required including inspectors, as follows:~ Effective as of January L 2006 up to a maximum of$150.00 Effective as of January L 2007 up to a maximum of$165.00 Effective as of January L 2008 up to a maximum of$175.00 14.6 CDL License - When a Commercial Drivers license (CDL) is required for a position by the City, the City will only pay for the cost ofthe CDL endorsement and required physical examination when making initial application and upon any required renewal. 14.7 License/Certification Differential Pay -Employees that are required by the City and/or choose to have a Washington State certification or license above the minimum certification level set forth below will receive fifty dollars ($50.00) per month for each current certificate above the established minimum. Certifications obtained outside of the certification series identified for the division or work group will be considered only when such certification benefits the City as determined by the Director of Public Works & Utilities. 14.7.1 WWTP (WWTP Operator Certification Series) . WWTP Operator - WWTPO Group II Plant . WWTP Lab Technician - WWTPO Group II Plant . 'WWTP Operations Supervisor - WWTPO Group III Plant 14.7.2 Water Operations (Water Distribution Certification Series) . Water Operator - Water Distribution Manager I . Water Operator Sr. - Water Distribution Manager II . Water Operator Lead - Water Distribution Manager II . Water Operations Supervisor - Water Distribution Manager III . Environmental Technician and Water Resources Assistant (Water Distribution, WWTP Operator, or Sewer Collection Certification Series) Level II Certification in any Series. Differential pay is allowed for certifications above Level II for one series only. 14.7.3 Water Maintenance (Water Distribution Certification Series) COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31,2008 FOR RAPAGE 25 OF 33 . Water Distribution Supervisor - Water Distribution Manager III 14.7.4 Cross Connection Control Specialist (Cross Connection Control and Backflow Assembly Tester Certification Series) . Cross Connection Control Specialist I 14.7.5 Storm/Sewer Maintenance (Sewer Collection System Certification Series) . Utility Service Specialist Supervisor - Sewer Collection System Level III 14.7.6 Automotive Maintenance Technicians (Automotive Service Excellence Certification Series) . One ASE Master Certification - Automotive, Heavy Equipment, or Emergency Vehicle Technician. Differential pav is allowed for each additional Master Certification 14.7.7 ElectroniCs (International Municipal Signal Association - Traffic Signal Certification Series and NT Telephone Certification) . Electronics Technician - IMSA Level II - Traffic Signal 14.7.8 Traffic Maintenance (International Municipal Signal Association - Signs and Markings Certification Series) . Sign Shop Service Specialist Supervisor - IMSA Level III - Signs and Markings 14.7.9 Engineering (Professional Engineer and Land Surveyor). There is no Certification Differential Pav allowed for EIT or LSIT Certifications. . Engineer I - Engineer-In- Training Certification or Land Survevor-in-Trainim! Certification . Engineer II - Emdneer-In- Traininl! Certification . Engineer III - Professional Engineer 14.7.10 Certified Underwnter Divers The Git)' 'Nill previde monthly certification pay as provided in the ,A.greement for up to (2) two employees v/ho are National Association for Undcnvater Instructor3 (Ni\UI) certified (or equivalent) marine divers for undenvater maintenance and non hazardous investigations. Divers will provide al I their ovm diving equipment; ho\vever, the City shall replace any equipment damaged in the line of duty. The City shall provide all supplies required for an)' 'IlOrk rcqaested including air. An employee's air tanks shall be refilled by the employee at the end of each assignment, and the City ',;\fill reimbur~,e the empleyee lor- the co~;t of refilling the tanks. It shall- be understood that employees holding this certification shall be given the opportunity to refuse to perform work they feel is too dangerous-; FOR RAPAGE 26 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31,2008 14.8 Maintenance of Certifications - The City will reimburse an employee for the actual costs of obtaining and maintaining a professional or work related certification including a CDL license, which is required by the City or has been required as a coridition of working in a particular classification. 14.9 Failure to maintain/obtain required certifications - If an employee fails to obtain or maintain a certification required in order to perform the essential duties and functions of his/her position, shall not receive the monthly certification pay. New hires who are required to obtain a CDL license for their position within six months :from their date of hire, and who fail to obtain the required CDL license shall be terminated by the City. 14.10 Meal Expense - The City will reimburse an employee up to eight ($8.00) dollars per meal for meal expenses when the employee is required to work during a bona fide emergency situation after completing his or her regular work day, provided that the employee works at least three (3) additional hours during a twenty-four (24) hour period. To receive reimbursement for meal expense, the employee will submit an appropriate expense claim form 14.11 Travel Authorization and Expense Reimbursement - Travel authorization and expense reimbursement shall be pursuant to Chapter 2.74, Travel Authorization and Expense Reimbursement, of the Bremerton Municipal Code. ARTICLE 15 SUBCONTRACTING WORK 15.1 The City of Bremerton and the Union will agree that conditions surrounding decisions to subcontract. work normally performed by non-uniformed employees .are subject to the following: The City will provide a minimum of thirty (30) days advance notice of it's intention to subcontract out work and bargain the impact of such proposed subcontracting. In the event the City enters into a contract, depending on the needs of the City at that time, the City shall have the option to either to keep those affected employees employed in any job classification for which they are qualified,. at their current rate of pay, or to pay them under the following conditions: Either one (1) week of severance payor continued employment for each completed year of regular employment with the City, up to a maximum of 16 weeks. Employees will be cashed out of all vacation leave accrued as provided by current agreement. Payout for Sick leave accrual will be granted only to those employees who are within five (5) years of earliest retirement under (PERS), and then at a maximum not to exceed seventeen and one-half percent (17.5%) of their existing balance. Those affected employees will also be placed on Civil Service Reinstatement Registers in accordance with existing rules. ARTICLE 16 MUNICIPAL COURT EMPLOYMENT RIGHTS NON-CIVIL SERVICE EMPLOYEES 16.1 Hirine: - The Department will hire and promote employees of the Municipal Court Department in conformance with federal, state and local laws governing hiring practices. Newly hired employees will serve a one (1) vear six month (6) probationary period during which period the employee may be terminated without cause. Any employee terminated during the probationary period will have no recourse to the grievance procedure. COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31,2008 FOR RAPAGE 27 OF 33 16.2 Promotional Probation - Newly promoted employee's will serve a six month (6) promotional probationary period during which time the employee may be reduced to his or her former position in the Court at the discretion of the Municipal Court Judge or designee, at the pay step pursuant to 5.4.1. Any employee reduced to his/her former position during the promotional probationary period will have no recourse to the grievance procedure. 16.3 Discipline and Dischare:e - The Department may discipline or discharge an employee for good cause. "Cause" is hereby defined to be identical to the cause or causes, which are set forth in the Civil Service Rules governing employees covered by Civil Service. 16.4 Civil Service - The procedures which will be employed by the Department in taking disciplinary action or in discharging an employee of the Department wpo is not covered by Civil Service will be identical to those. which are prescribed for use for employees covered by Civil Service with the following exceptions: 16.4.1 The Department will file all required materials with the Human Resources Manager in lieu of the Civil Service Officer. 16.4.2 Appeals of the Department's decision will be processed through the Grievance Procedure contained in this agreement. 16.5 Lavoff - Employees subject to layoff will be provided thirty (30) calendar days written notice prior to the effective date of layoff. Layoff of Municipal Court employees will be accomplished by seniority from date of hire within the series of classifications grouped as follows: Group 1: Senior Legal Technician Legal Technician Group 2: Probation Officer Detention Specialist 16.5.1 Any new classification used in the Department will be placed in a series group by mutual agreement between the Human Resources Manager Department and the Union. If an employee of the Department who is covered by Civil Service is to be laid off by seniority, he or she will exercise their rights under the Civil Service layoff procedures. 16.6 . Civil SerVice Emplovees - Employees covered by Civil Service will be hired, disciplined and discharged in conformance with Civil Service Rules. ARTICLE 17 DRUG FREE WORK PLACE 17.1 The maintenance of a drug-free work place is essential to the safety and welfare of City employees. The following provisions will apply to employees covered by this agreement: 17.2 Controlled Substances - COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 31, 2008 FOR RAPAGE 28 OF 33 17.2.1 The unlawful manufacturing, distributing, dispensing, possessing or using of a controlled substance or alcohol in the work place is prohibited. Reporting to work under the influence of a controlled substance or alcohol is prohibited. 17.2.2 As a condition of employment, all employees must notify their department head of any criminal drug statute conviction for a violation occurring in the work place no later than five days after such a conviction. 17.3 Prescription or Over-the-Counter Drug Use - The use of prescription and over-the-counter drugs which compromise safety in the work place or the quality of the employee's work product is prohibited. 17.4 Emplovee Sanctions - It is the responsibility of every employee to be aware of the above provisions and to abide by them. Failure to observe these provisions could result in immediate disciplinary action against the employee, up to and including termination. The employee may be required to participate satisfactorily in an alcohol or drug abuse assistance or rehabilitation program. 17.5 Drug Abuse Education Program - The City will utilize all available City resources, such as the Police Department's I).A.R.E. program, to educate employees as to the dangers of drug abuse. 17.6 Confidentiality - The confidentiality of all complaints and reported violations of the provisions. of this policy will be strictly maintained, except as required by public disclosure laws or court orders. 17.7 The parties have agreed to the City of Bremerton Human Resources Policy 3-20-03 "Drug and Alcohol Policy" for employees required to have a Commercial Driver's License, with an effective date of January 1, 1996. The parties agree that the City of Bremerton Human Resources Policy #3-20-03" Drug and Alcohol Policy" will apply to employees not required to have a CDL, however, they will not be subject to random testing. . ARTICLE 18 BUS PASSES 18.1 The City will provide Kitsap Transit bus passes to employees working in the downtown core who request bus passes. To be eligible to receive such passes, the employee must ride the bus to and from work an average of three times a week. The City will establish procedures for the issuance of bus passes to employees. It shall be understood that an employee issued a bus pass is not eligible to receive free downtown parking. ARTICLE 19 MANAGEMENT RIGHTS 19.1 Subject only to the limitations expressly stated in this agreement, the Union recognizes that the Employer retains the exclusive right to manage its business including, but not limited to, the right to determine the methods and means by which its operations are carried on, to direct the work force and to conduct its operations in a safe and efficient manner. ARTICLE 20 WORK STOPPAGES COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON. WASHINGTON & TEAMSTERS LOCAL NO. 589 January \, 2006 through December 3\, 2008 FOR RAPAGE 29 OF 33 20.1 STRIKES/LOCKOUTS PROHIBITED- 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 during the term of this Agreement. Accordingly, it will be a violation of this Agreement for the City to cause a lockout of its employees or for the Union to call, encourage, or participate in any strike, sympathy strike, slowdown, or other work stoppage. Employees engaging in any of the aforementioned activities will be subject to disciplinary action in accordance with the rules of the Civil Service Commission. ARTICLE 21 GRIEVANCE PROCEDURE 21.1 Definitions: 21.1.1 Grievance - A grievance is an alleged contract violation, question, or challenge raised by an employee or the Union as to the correct interpretation or application of this Agreement by the City. Such allegation, question, or challenge is to be resolved through this Grievance Procedure. 21.1.2 Civil Service Appeal- An appeal is an allegation ofa violation of the Civil Service Rules which is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. 21.2 Step 1 -An employee or Union representative who believes that a question exists as to the correct interpretation or application of this agreement will first discuss the action giving rise to the belief with the immediate supervisor involved within forty-five (45) calendar days of the date the action took place or within forty-five (45) calendar days of the date upon which the employee could reasonably have been expected to know of such action. The employee will have the right to be assisted by an authorized Union representative during this discussion if they request one. The time limits above shall not apply to payroll errors. 21.3 Step 2 - In the event that the immediate supervisor does not resolve the grievance to the satisfaction of the employee or the Union within a period of fourteen (14) calendar days at Step 1 of this procedure, the employee or the Union Representative will reduce the grievance to writing and will state: the section (or sections) of this agreement which is alleged to have been interpreted or applied incorrectly; an explanation of the grievance in detail, including dates, actions and such other information needed to understand the facts and circumstances giving rise to the grievance; and the remedy sought. The employee will have the right to be assisted by an authorized Union representative in reducing his or her grievance to writing. The employee or Union representative will present the written grievance to the employee's Department Head within fourteen (14) calendar days of the date the employee received the immediate supervisor's response. The Department Head will meet with the employee and/or the employee's Union Representative within fourteen (14) calendar days after receipt of the written grievance for the purpose of considering the matter. The Department Head will reduce his or her decision to writing and will transmit the decision to the employee and the Union representative within fourteen (14) calendar days of meeting with the employee and/or the Union representative. 21.4 Step 3 - In the event that the Department Head does not resolve the grievance to the satisfaction of the employee or the Union representative at Step 2 of this procedure, the employee or the Union representative will transmit a copy of the original grievance along with a copy of the Department Head's. COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31, 2008 FOR RAPAGE 30 OF 33 written response to the Human Resources Manager with a copy to the Mayor within fourteen (14) calendar days of receipt of the Department Head's written response. The Human Resources Manager will consider the grievance and may convene a meeting. The Human Resources Manager will reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Union. 21.5 Step 4 - In the event that the Human Resources Manager does not resolve the grievance at Step 3 of this procedure, the Union may request arbitration of the issue by written notification to the Human Resources Manager. Immediately thereafter, the parties will petition the Public Employment Relations Commission (PERC) for a list of nine (9) arbitrators. 21.6 Powers and Duties of the Arbitrator - It will be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing will be kept informal and private. The arbitrator will interpret the provisions of this agreement as they apply to the issue or issues submitted for decision and will not add to, subtract from nor in any way otherwise alter nor recommend the alteration of the terms and conditions of the agreement in deciding the matter. As soon as is practicable after conducting the hearing, the arbitrator will render a written decision which will be binding upon the parties. 21.7 Costs of Arbitration - The expenses ofthe neutral arbitrator will be borne equally by the parties. Each. party will singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses and attorneys. The party desiring a record of the proceedings will. bear the cost of obtaining such record. 21.8 Time Limits - Time limits established in this procedure will be strictly adhered to but may be waived by mutual agreement of the Union and the City. All procedures contained herein will be complied with as expeditiously as practicable. ARTICLE 22 SEVERABILITY 22.1 In the event that any provision of this Agreement is 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 pending a final determination as to its validity, the remaining provisions of this Agreement will not be held invalid and will remain in full force and effect. The Union and the City will immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 23 ENTIRE AGREEMENT 23.1 The Union and the City acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, the City and the Union each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically covered by the Articles of this Agreement during the term of this Agreement, except as mutually agreed upon. FOR RAP AGE 31 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31,2008 '" . ,~~ ARTICLE 24 CONFLICTING PROVISIONS 24.1 In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this agreement will prevail. ARTICLE 25 LABOR MANAGEMENT COMMITTEE 25.1 Labor Mana2:ement - The City and the Union agree that a need exists for closer cooperation between labor and management. To accomplish this objective, the Employer and the Union agree that no more than five (5) duly authorized representatives of the Union will function as one-half (1/2) of a Labor- Management Committee, the other half being no more than five (5) certain representatives of the City named for that purpose. The Committee will meet as necessary at least once every three (3) months for the purpose of discussing and facilitating the resolution of all problems, which may arise between the parties. The City will provide a draft of the minutes of the meeting to the Union's Committee members within (2) two weeks of the meeting. AHhe Committee's diserellim.-ae.ffiOORa!-meetings may be held. The Committee will be chaired by a member elected by the Committee. 25.2 Should the Union and Employer mutually agree to change, add, or delete any prOVISIOn of this Agreement, policies or rules, such change will be set forth in writing. ARTICLE 26 JOB SHARING 26.1 Job Sharin2: - The parties consider job sharing as a potential viable alternative to full time employment. Jobs may be shared on an hourly, or daily basis. 26.2 All leave for job-sharing employees will be provided on a pro-rated basis. Insurance benefits premium costs will be determined on a case by case basis; however, the total cost to the City cannot exceed the cost for a full time employee. 26.3 Job sharing may only be done by mutual agreement of the employees affected and Department Head or designee. Vacant full time positions may be announced as "Job Sharing" only if agreed to by the City and Union. 26.4 All time worked by an employee above the base scheduled hours for the position will be considered overtime, provided, however, that the combined paid hours for the position exceed forty (40) in the work week. 26.5 Job sharing employees must sign a "Job Sharing Contract" acknowledging their acceptance of appropriate conditions including the following: 26.5.1 Either job sharing employee may request terminating the contract and returning to full-time employment. Accommodation of this request shall be subject to the availability of a vacant position. The remaining employee may be required to work full-time until another "job sharing" employee can be found, and is approved by the Department Head or designee. FOR RAPAGE 32 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 3 1,2008 26.5.2. Jobsharing employees agree to work full-time during the absence of the other employee, when requested. 26.5.3 Regular status for employees "job sharing" will be achieved upon successful completion of hours worked equivalent to the duration of the probationary period for the. classification. 26.5.4. Step increases for "job sharing" employees shall be granted in the same manner as full-time employees on an equivalent basis. 26.5.5 Other conditions as may be considered necessary by the Department Head or designee may be made part of the job sharing contract. Provided, however, that they do not alter any terms of this Labor Agreement or the Civil Service Rules. 26.5.6. The job sharing contract may be terminated at the discretion of the Department Head or designee in accordance with the Civil Service Rules. 26.5.7. The negotiated job sharing contract will indicate the base schedule to be worked by each employee and the distribution of insurance benefits premium costs. ARTICLE 27_ TEMPORARY ASSIGNMENT AND SPECIAL ASSIGNMENT 27.1 Temporary Assignment - An employee covered by this Agreement may be temporarily assigned the duties and responsibilities of a position which has a higher pay classification than his/her regularly assigned classification in which the incumbent employee is absent due to an extended illness, leave of absence or other extenuating circumstances, An employee who is temporary assigned to such a position shall be compensated at five percent (5%) above his/her current pay rate or the first step of the higher . pay rate, whichever is greater. In no case shall an employee be paid more than the top pay step of the higher classification or serve in a temporary assignment for more than one (1) year. A temporary assignment may be extended one (1) time, on a case-by-case basis, for up to a maximum of six (6) months at the discretion of the Department Director. Such extension shall require the concurrence ofthe Human Resources Director and the Union. It shall be understood that compensation at the higher pay rate shall be effective after the completion of forty (40) consecutive hours in the temporary assignment. The first forty (40) hours of the temporary assignment shall be paid at the employee's regular rate of pay. Temporary Assignment will not affect an employee's anniversary date for step advancement purposes. 27.2 Special Assignment - An employee covered by this agreement may be placed in a special assignment, rather than being permanently reclassified to a higher level to allow for employee rotation~ to enhance upward mobility, or for special projects for a period of one (1) calendar year or less. A Special Assignmcnt may be extcnded one (1) time, on a case-by-case basis. for up to a maximum of six (6) . months at the discretion of the Department Director. Such extension shall require the concurrence of the Human Resources Manager and the Union. (LOU dated 8/31/05) Special Assignments shall not to be used for staffing shortages. Compensation for Special Assignments may be granted up to a maximum of ten percent 10% above what the current rate of pay is for the employee and requires the approval of the COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31,2008 FOR RAPAGE 33 OF 33 Human Resources Manager Director. Special Assignment will not affect an employee's anniversary date for step advancement purposes. ARTICLE 28 WASTEWATER TREATMENT PLANT - EMPLOYEES 28.1 28.2 28.3 NEW 28.4 28.5 28.6 WWTP Operator's License.Differential- WWTP Operator's that are required by the employer and/or choose to have a Washington State Operator's License. above Group II will receive Fifty Dollars ($50.00) per month for each current certificate above Group II. WWTP Operations Supervisor License Differential - WWTP Operation Supervisor's that have a Washington State Operator's license above Group III, will receive Fifty Dollars ($50.00) per month for each certification above Group III. WWTP Operator-in-Charge Differential - When the employer designates a WWTP Operator-in- Charge for a minimum of one full shift, they will receive a five (5%) perc~nt differential applied to their base hourly pay for each shift so assigned. WWTP Maintenance Mechanic-in-Charge Differential - When the employer designates a WWTP Maintenance Mechanic-in-Charge for a minimum of one full shift. they will receive a five (5%) percent differential applied to their base hourly pay for each shift so assigned. WWTP Operator Trainee ProbationarvPeriod - The probationary period shall be not less,than six (6) months and no more than eighteen (18) months, contingent upon when employee obtains.the required WWTP Operator's license. Promoted Employees - If between six (6) and eighteen (18) months the employee does not qualifY for WWTP Operator they will be returned to the class they previously held, provided they held such class in a non-probationary status. New Hires - If between six (6) and eighteen (18) months the employee does not qualifY for WWTP Operator, the employee shall be terminated. ARTICLE 29 TEAMSTERS SUPPLEMENTAL PENSION PLAN The City agrees to allow the bargaining unit employees the opportunity to voluntarily participate in the Teamsters Supplemental Pension Plan. It shall be understood that participation in this plan shall be strictly voluntary and that 100% of the cost of participation shall be the sole responsibility of the employee. ARTICLE 30 DOWNTOWN PARKING Effective as of the first of the month following ratification of this contract by both the City and the Union. tlhe City shall provide free parking for all bargaining unit members who are assigned to work on a regular basis in the downtown area. COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31,2008 FOR RAPAGE 34 OF 33 NEW ARTICLE -AlJTOMA TIC PROMOTION FROM PLANNER I TO PLANNER n AFTER THREE (3) YEARS Employees hired as Planner I who successfully complete three (3) years of employment with the City as a Planner L upon reaching their third (3rd) year anniversary date. v.ill be automaticallv promoted to Planner II without Civil Service testing as long as his/her 3rd year annual evaluation reflects a "Meets Expectations" or higher rating. If a Planner I fail to receive their 3rd year ru.mual evaluation in a timely manner, it shall be assumed that their perfom1ance "Meets Expectations" and they will be promoted to Planner II. This shall apply retroactively to any employee in a Plru.mer I classification as of the date ofratiiication of this contract. This does not preclude the City from promoting a Planner I to a Planner 1I position through the normal Civil Service promotional testing process prior to reaching hislher 3rd year anniversary. ARTICLE 31 TERM 31.1 This Agreement will become effective upon January 1, 20024 and will remain in effect through December 31, 200!3:~. All requests to aJ.11end, modify or terminate this Agreement will require either party to file written notice upon the other at least one hundred eighty (180) days prior to December 31, 200!3.~. This agreement is hereby submitted to the Bremerton City Council by the City representative and the Union representative for the Council's consideration and approval. Upon approval, this agreement will become binding upon the City, the Union and all of the employees in the bargaining unit covered by this agreement. APPROVED by the Bremerton City Council on the-l-8-tfl day of Augw;t , 20024. Signed this day of , 20024 FOR THE CITY OF BREMERTON FOR GENERAL TEAMSTERS LOCAL UNION #589: Carol S. Conley, Human Resources Manager Kenneth P. Troup, Business Representative By Honorable Cary Bozeman, Mayor Approved as to Form: Attest: Roger Lubovich, City Attorney Paula Johnston, City Clerk COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31, 2008 FOR RAPAGE 35 OF 33 , ,-, ~ Grade 4 Parks Laborer +Longevity Grade 5 Office Assistant I +Lo!l~evity - Grade 6 Office Assistant II +Longevity Grade 7 Office Assistant III Police Records ~pecialist I Grade 8 ~ccounting Assistant II Legal Technician Office Assistant Sr. Recreation Prog. Coor. I 2006 Teamsters Appendix A.".. , With 2.311% COLA Increase January 1, 2006.~_ Annual M9~t~ly Semi-Monthly . H~u~ly aT Hourly ,.~ lBa~~ +1% Base +2% 'Base +3% Base +4% Annual Monthly Semi-Monthlt.. Hourly aT Hourly Base +1 % Base +2% Base +3% Base +4% Annual Monthly ~. Semi~Mont~ly Hourly aT HO.~r!L. Base +1 % Base +2% Base +3% Base +4% Annual Monthly Semi-Monthly Hourly aT Hourly Base +1 % Base +2% Base +3% Base +4% Annual Monthly Semi-Mont~ly Hourly aT Hourly, Base +1 % Base +2% Base +3% Base +4% 12 Mos. Step A 27,541 2,295 1~.~.. 13.19 19.79 ..13,.32 . 13.45 13.59 13.72 28,919 2,410 1,205 13.85 20.78 13.99 14.13 14.27 14.40 30,527 2,544 1,272 14.62 ' 21.93 14.77 14.91 15.06 15.20 . .. 32,155 2,680 .' 1,34Q, 15.40 23.10 . 15.55 : 15.71 15.86 16.02 L. 33,~8,8m 2,824 1,412 16.23 24.35 16.39 16.55 16.72 16.88 ~ H , 12 Mos. Step B 28,251 2,354 1,177 13.53 ! 20.30 . "1""'"=' 13.67 13.80 j 13.94~r . 14.07 - 29,712 2,476 1,238 14.23 21.35 14.37 14.51 14.66 14.80 .31,320 .. ~~6.1 0 . ... .1~305 15.00 22.50 15.15 15.30 15.45 15.60 32,970 2!748 1,374 15.79 23.69 15.95 16.11 16.26 16.42 ' ?~, 765 2,897 1,449 16.65 24.98 16.82 16.98 17.15 17.32 12 Mos. Step C J?,919 2,410 1,205 13.85 20.78 13.99 14.13 14.27 14.40 30,527 2,5~4 1,272 14.62 21.93 14.77.._ 14.91 15.06 15.20 32,155 .2)>80 ...1c.~~0 15.40 23.10 15.55 15.71 15.86 16.02 33,888 2,824 1,412 16.23 24.35 16.39 16.55 16.72 16.88 . .~?,726 2,977 .. .1,489 17.11 25.67 17.28 17.45 17.62 n79 12 Mos. ,Step D 29,712 2,476 1,23~ 14.23 21.35 14.37 14.51 14.66 14.80 31,320 ..~610 , 1,305 ' 15.00 22.50 15.15 ' 15.30 15.45 15.60 ' 32,970 I ,.~..748 ...'!..374 ' 15.79 23.69 15.95 16.11 16.26 ! 16.42 ; 34,765 2,897 1,44~ 16.65 24.98 16.82 16.98 . 17.15 17.32 ; .J6,665i 3,055 : 1,528 17.56 i 26.34 : 17.74 17.91 18.09 18.26.:. 12 Mos. Ster;> E 30,527 2,544 1,272 14.62 : 21.93 . 14>77' 14.91 15.06 15.20 32,155 2,680 1,340 15.40 23.10 15.55 15.71 15.86 16.02 12 Mos. Step F ,.)1,320 2,610 1,305 15.00 22.50 15.15 15.30 ; 15.45 15.601 32,~7g. _ 2,748 1,374 15.79 - 23.69 15.95 I . 16.11 16.26 16.42 33,888 ..~!?65 2,824 2,897 1,412.... 1,449 16.23.,~~..__1?65 24.35 . 24.98 16.39 16.82 16.55 16.98 16.72 : 17.15 16.88 . 17.32 35,726 3~,665 2,977 3,055 1!489~uu. .1,528 17.11' 17.56 25.67 26.34 17.'.28..3._17.: 7 4 17.4~L 17.91 17.:~2.i 18.09 ! 17.79 . 18.26 ' 37,60.5 3,134 1,567 18.01 27.02 . 18.19 18.37 18.55 18.73 38,649 . 3,221 1,611 18.51 27.77 18.70 18.88 · 19.07 19.25 I Step G 32,155 2,68Q 1,340 15.40 23.10 15.55 15.71 15.86 16.02 ~. 33,888 ,?,B24 !.!412 16.23 24.35 16.39 16.55 16..72 16.88 .35.,726 2,977 1 ,489 17.11 25.67 17.28 17.45 17.62 17.79. ..3?!.605 3,134 1,567 18.01 27.02 18.19 18.37 18.55 18.73 39,693 3,308 1,654 19.01 28.52 19.20 19.39 19.58 19.77 C:\Documents and Settings\CONLEY.BREMERTON\Local Settings\Temporary Internet FileslOLK121Teamsters Appendix A - Detail - 2006 Jan 1 20062.311 6/26/2006 11 :29 AM 1 2006 Teamsters Appendix A .With 2.311% COLA Increase January~1, 2006 , "H ,~" 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. Step A . . Step B Step C Step D ..Step E . .Step F ~tep G :Annual NN' Grade 9 35,726 . 36,665 37,60.5 38,649 i 39,693 4o.,7~8 4.1927 . r~ "" .~ccounting Assistant U1.~~.. . Monthly u 2,977 3,0.55 3,134 3,221 3,30.8 3,~97 3,494 Police Records ~p~~a~~~ II . . Semi-Monthly 1 ,489 1,528 . 1,567 1,611 1,654 .. .. 1,699 1,747 ~ater Resources Assista~t!o.':lrly 17.11 17.56 : 18.0.1 18.51 19.0.1 19.52 20..0.8 ;OT Hourly 25.67 26.34 27.0.2 27.77 28.52 29.28 . 30..12 .Base +1% 17.28 17.74 . 18.19 18.70. 19.20. ; 19.72 . 20..28 Base +2% 17.45 17.9.1.1. 18.37 18.88 19.39 19.91 20..48 Base +3% i.... 17.62 18.0.9 : 18.55 19.0.7 19.58 20..11 20..68 Base +4% 17.79 18.26 18.73 i 19.25 19.77 20..30. . 20..88 . .. Grade 10 Annual 37,60..5 38,649 39'E3~3 40.,758 .. ...41,927 43,0.96 44,245 .-. ~ccounting .Assistant Sr. Monthly._. 3,134 3,.2?1 3,30.8 3,397 3,494 3,591 3,687 '::~~tal Technic::ian Sr. . Semi~Monthly . 1,567 1,611 ...~J~~ .. 1,699 1,747 1,796 .1.844 Offic::e Assi.~!ant Senior Spec. H,ourly 18.0.1 ; 18.51 19.0.1 19.52 20..0.8 20..64 21.19 P.'l!ks SerVice Specialist aT HOU!lt. 27.0.2 27.77 28.52 29.28 30..12 30..96 31.79 !,~yroll Spe,cialist Base +1% 18.19 18.70. 19.20. 19.72 . 20..28 20..85 21.40. Web Suppo'"! Specialist Base +2% 18.37 : 18.88 19.39 19.91 20..48 21.0.5 21.61 Base +3% 18.55 19.0.7 19.58 20..11 20..68 : 21.26 21.83 Base +4% 18.73 · 19.25 19.77 20..30. 20..88 ; 21.47 22.0.4 Grade 11 Annual 39,693 40.,758 41,927 43,0.96 . 44,245 45,!)39 46,750. Building .~.~~ .Si>ec. I Monthly 3,30.8 .~,397 ..~494 ~3,591 i 3,687 3,795 3,896 Engineering Technician II Sef!li~M.o~th Iy 1,654 . .1,699 1,747 1,796 L 1,844 1,898 . .1,948 Recreation Prog. Coord. II Hourly . 19.0.1 19.52 20..0.8 20..64 : 21.19 21.81 22.39 Sign Shop S~rvice.~pecialist aT H.'?ur:.1y . 28.52 29.28 30..12 30..96. 31.79 32.72 33.59 Street Service Specialist Base +1 % 19.20. . 19.72 20..28 20..85 21.40. 22.0.3 22.61 ,n ~ .!:Jtilities~erv.iC::ElSpecialist Base +2% 19.39 19.91 20..48 21.0.5 21.61 22.25 22.84 ~ater OI>.El!~~or Base +3% 19.58 20..11 20..68 21.26 21.83 22.46 23.0.6 Base +4% 19.77 20..30. 20..88 21.47 . 22.0.4 22.68 23.29 Grade 12 Annual 41 ,927 . ~3,o.96 44,245 45,539 46,750. 47 L982 49,339 Court Hom~ Detention Spec. M(mth~L.. 3,494 3,591 3,687 .3..795..L 3,896 3,999 ... 4,112 Forestry Service Spec. Sr. Semi-Monthly 1,747 1,796 . ..~1..,844 .. 1,898 . 1,948 2;0.0.0. 2,0.56 Parks Service. Spec. Sr. . Hour:.1y. 20..0.8 20..64 21.19 21.81: 22.39 22.98 23.63 .. Probation Officer . QI.tt2u,rly 30..12 . 30..96 31.79 32.72 33.59 34.47 35.45 , , ~~=~~~ 'Nm'~'r"~"~' , Recreation Prog. Coord. UI Base +1% 20..28 20..85 21.40. 22.0~... 22.61 . 23.21 23.87 Warrant Server Base +2% 20..48 21.0.5 21.61 22.25 . 22.84 23.44 24.10. WWTP Maintenance Tech. '.Base +3% 20..68 21.26 . 21.83 22.46 23.0.6 23.67 24.34 '''''=,==, Base +4% 20..88 21.47 . 22.0.4 22.68 23.29 23.90. 24.58 "M'~M~=~' C:IDocuments and SettingsICONLEY.BREMERTONILocal SettingslTemporary Internet FileslOLK121Teamsters Appendix A - Detail - 2006 Jan 1 20062.311 6/26/2006 11 :29 AM 2 C:\Documents and Settings\CONLEY.BREMERTON\Local Settings\Temporary Internet Files\OLK12\Teamsters Appendix A - Detail- 2006 Jan 120062.311 6/26/2006 11 :29 AM 3 2006 Teamsters Appendix A. Vl!i~~~.311% COLA Increase January 1, 2006 ~",' .. 12 Mos. 12 Mos. 12 Mos. 12 Mos. 1.2 Mos. 12 Mos. 'eN' Step A Step B Step C' Step 0 . Step E Step F Step G . . Grade 17 - Annual 55.,061 56!543 . 58,193 59,884 ; 61,533 63;2.87 . 65,020 Electronics Supervisor Monthly 4,588 4212 4,.8~ 4!990 5,128 5,224 5,418 Facilitie.~ Inve!1tory Supe~islJ/Semi-Monthlx i 2,294 2,356 2,425 2,495 2,564, 2,6~Z 2,709 Network Administrator }:!~rly 26.37 27.08 27.87 28.68 . 29.47 ' 30.31 31.14 ,~= ,~-,~, .. Parks Ma~"!tenance SUi>. · OT Ho~rly 39.56 40.62 41.81 43.02 I 44.21 45.47 46.71 Planner II Base +1 % 26.63 27.35 28.15 28.97 29.76 30.61 31 .45 Sign Shop Servo Spec. Sup. . Base +2% 26.90 27.62 . 28.43 29.25 30.06 30.92 , 31.76 Streets Service Spec. Supvr. Base +3% 27.16 I 27.89 28.71 29.54 . 30.35 31.22 32.07 Utilities ~l!rvice Spec. Sup. Base +4% 27.42 28.16 28.98 29.83 30.65 31.52 32.39 Vl!ater Distr~bution Sup. Water Resources Oi>r,r1s. Supv:.. IJI!WTP Maintenance Supv. WW!P Operations. ~uJ>l!rvisor n~ ~ " . .. Grade 18 Annual 58,193 59,884 61 ,5~? 63,?~7 ,!35.,020 66,837 68,6!4 Civil E,:,pineer II. . Monthly .4,849 4,990 5,128 5,274. , 5,~ 5,570 5,723 !=ngineer~g Technician Sr. 'Semi-Monthly 2,42? i. 2,495 .~564 ~,637 . 2,709 2,785 2,862 Forestry Serv.ice SP.<<:c. Sup. Hourly 27.87 28.68 29.47 , 30.31 31.14 32.01 32.89 'OT Hourly 41.81 43.02 I 44.21 45.47 46.71 48.02 49.34 Base +1 % 28.15 28.97 29.76 30.61 31.45 32.33 .0 33.22 Base +2% 28.43 29.25 30.06 30.92 31.76 32.65 33.55 '~"~ 31.22\ 'Base +3% 28.71 29.54 30.35 32.07 32.97 33.88 Base +4% 28.98 29.83 30.65 31.52 32.39 33.29 34.21 Grade 19 Annual 61,53? I 63287 65,020 66,837: 68,674' 70,407 72,182 Civi.IEngineer UI Monthly u~. 5,128 5,274 5,418 5,570 5,723 5!867 6,015, , ~v{=, )3ef!li-~onthly ...~,564 2)637 },709 2,785 ] 2,862 . .,2.,934 ...},908 Houry 29.47 30.31 31.14 32.01 32.89 33.72 34.57 OT Hourly 44.21 45.47 46.71 48.02 49.34 50.58..; 51.86 jBase +1 % 29.76 . 30.61 31.45 32.33 I 33.22 34.06 34.92 Base +2% 30.06 30.92 31.76 32.65 33.55 34.39 35.26 Base +3% 30.35 31.22 32.07 32.97 33.88 34.73 I 35.61 Base +4% 30.65 . 31.52 · 32.39 33.29, 34.21 35.07 35.95 C:\Documents and Settings\CONLEY.8REMERTON\Local Settings\Temporary Internet Files\OLK12\Teamsters Appendix A - Detail - 2006 Jan 1 20062.311 6/26/2006 11 :29 AM 4 WASHINGTON TEAMSTERS WELFARE TRUST SUBSCRIPTION AGREEMENT COLLECTIVE BARGAINING AGREEMENT PROVIDING FOR PARTICIPATION IN TRUST The Employer and Labor Organization below are parties to a Collective Bargaining Agreement providing for participation in the above Trust. An enforceable Collective Bargaining Agreement must exist as a condition precedent to participation in the Trust. City of Bremerton. Employer Name Teamsters Local 589 Labor Organization (Union) Name 345 6th Street Suite 600 Address PO Box 4043 Address Bremerton, VVJ\. 98337-1873 City, State, Zip Code Port Angeles, VV A 98363 City, State. Zip Code COLLECTIVE BARGAINING AGREEMENT The parties' Collective Bargaining Agreement is in effect from: 1-1-06 to 12-31-08 o ~ Account I8l Renewal- J\ccount No. _ Approximate Nwnber of Covered Employees 163 INFORMATION CONCERNING TYPE OFEMPLOYER'S BUSINESS Employer is: I8l Public Entity 0 Corporation - State of ~ 0 Partnership If employer is a Partnership or Sole Proprietorship please provide name( s) of the owner or partners below: o Sole Proprietorship BENEFIT PLANtS) DESIGNATED IN COllECTIVE BARGAINING AGREEMENT The Collective Bargaining Agreement provides that contributions will be made to the Trust on behalf of all employees for whom the Employer is required to contribute under the Trust Operating Guidelines for the purpose of providing such employees and their dependents with the following benefit plan( s): (The undersigned parties acknowledge the receipt of a copy of the Trust Operating Guidelines which by this reference are made a part hereof. ) COVERAGE IN, BARGAINING AGREEMENT . For renewals, list all coverages not just changes.. Monthly Rate MEDICAL []PlanA DplanB o Plan C I 0 wrlOO $ life/AD&D o PlanA DPlanB .OPJanC Employee $30,000 Life/AD&D $15,000 Life/AD&D $5,000 LifelAD&D $ Dependent $ 3,000 Life $ 1,500 Life $ 500 Life Time Loss o Plan A o Plan B DplanC I 0 PlanD $ Amount $400/week $300/week $200/week $IOO/week LID o Long Tenn Disability Income PIan $ Waivers o Additional 9 months Disability VV aiver of Contributions - Medical only $ MEDICAL TOTAL $ DENTAL DPlanA DPIanB o Plan C $ VISION [8] Plan EXT $ 11.35 Will there be any coverage changes before the Collective Bargaining Agreement's expiration? 0 Yes [8] No. If yes, attach a Subscription J\greement for each change. A Subscription AgRement must be submitted in advance of the effective date below. EFFECTIVE DATE OF COVERAGE The contribution rates above are due effective (monthlyear) June. 2006 based on employment in the prior month. Note: Coverage is provided using a lag month, therefore coverage is effective in the month following the month contributions are due. For example, contributions due effective April based on March employment will provide coverage in May. EXPIRATION OF COLLECTIVE BARGAINING AGREEMENT Upon expiration of the above--referenced Collective Bargaining Agreement, the Employer agrees to continue to contribute to the Trust in the same amount and manner as required in the Collective Bargaining Agreement until such time as the Employer and the Labor Organization either enter into a successor Collective Bargaining Agreement, which conforms to the Trust Operating Guidelines, or one party notifies the other in writing (with a copy to the Trust) of its intent to cancel such obligation five (5) days after receiving notice, whichever occurs first. The Trust reserves the right to immediately tenninate participation in the Trust upon the failure to execute thi~' s or an futur~Subs ription Agreement or to comply with the Trust Opemting Guidelines as amended by the Trustees from time to time. ForEmPIOYer~..J~ For Union .-.. ~ Title1Assn.Ife~_~ II/'It>t Title b~C - {(~1t5iA. ('tr Date? ~3!-O~ ELIGIBILITY TO PARTICfATE IN TRUST Eligibility for benefits is detennined in accordance with the requirements established in the Collective Bargaining Agreement provided such requirements are consistent with the Trust guidelines. To establish eligibility for benefits, Trust guidelines require that eligible employees must have the required number of hours in a month and have the contractually required contributions paid on their behalf. Eligibility will commence according to the Trust's lag month eligibility rule. Eligibility continues as long as the employee remains eligible, has the contractually required number of hours per month, and has the required contributions made. The Trust, however, will not recognize any contractual provision that conditions continued eligibility on having less than 40 or more than 80 hours in a month. Eligibility will end according to the Trust's policy for employees that do not have the required number of hours and contributions in a month and that do not qualitY for an applicable extension of eligibility, if any. Employees of a participating employer not performing work covered by the Collective Bargaining Agreement may participate in the Trust only pw:suant to a written special agreement approved in writing by the Trustees. The Trustees reserve the right to recover any and all benefits provided to ineligible individuals from either the ineligible individual receiving the benefits or the employer responsible for misreporting them (if applicable). REPORTING OBliGATION AND CONSEOUENCES OF DELINOUENCY Employer contributions are due no later than ten (10) days after the last day of each month for which contributions are due. The Employer acknowledges that in the event of any delinquency, the Trust Agreement provides for the payment of liquidated damages, interest and attorney fees and costs incurred in collecting the delinquent amounts. TRUSTEES' AUTHORITY TO DETERMINE TERMS OF PLANS The parties recognize that the detail of the benefit plans provided by the Trust and the rules under which employees and their dependents shall be eligible for such benefits is determined solely by the Board of Trustees of the Trust in accordance with the terms of the governing Agreement and Declaration of Trust (Trust Agreement). The Trustees retain the sole discretion and authority to interpret the terms of the Trust's benefit plans, the plans' eligibility requirements, and other matters related to the administration and operation of the Trust and its benefit plans. The Trustees may modify benefits or eligibility of any plan for the purpose of cost containment:. cost . management:. or changes in medical technology and treatment. MECHAN/SM FOR HANDLING CONTRIBUTION INCREASES The Trustees' authority shall include the right to adjust the contribution rates to support the benefit plans offered by the Trust and to maintain adequate reserves to cover any extended eligibility and the Trust's contingent liability. The parties recognize that it is the intent of the Trust not to provide employee benefit plans for less than the full cost of any such plan. If the Collective Bargaining Agreement does not provide a mechanism for fully funding the designated benefit plans, the Board of Trustees may substitute a plan then available that is fully supported by the employer's contribution obligations. The disposition of any excess employer contributions will be subject to the collective bargaining process. ACCEPTANCE OF TRUST AGREEMENT The Employer and the Labor Organization accept and agree to be bound by the terms of the Trust Agreement governing the Trust, and any subsequent amendments to the Trust Agreement. The parties accept as their representatives for purposes of participating in the Trust the Trustees serving on the Board of Trustees and their duly appointed successors. Provided, however, that in the event that either Section 2 or 3 of Article vm of the Trust Agreement is amended to change or modify an Employer's liability as specified therein, such amendment will not be deemed applicable to an Employer until such time as the Employer enters into a successor Collective Bargaining Agreement after the expiration of the Employer's then current Collective Bargaining Agreement. ,. APPROVAL OF TRUSTEES This Agreement has been approved by the Board of Trustees of the Washington Teamsters Welfare Trust. Date Administrative Agent Washington Teamster Welfare Trust LETTER OF UNDERSTANDING This letter of understanding is agreed to pursuant to Article 25.2 of the Labor Agreement by and between the City of Bremerton and the General Teamster's Local 589. The following Articles (copies attached hereto) are hereby amended and/or shall be incorporated into the current labor agreement as a result of impact bargaining and the Teamsters' and City Council's affirmative vote to remove Civil Service coverage from Teamsters bargaining unit members, except for those Teamsters employees who work in the Police or Fire departments: Amended: ARTICLE 22 - GRIEVANCE PROCEDURE New: ARTICLE 34 - DISCIPLINE - ARTICLE 35 - SENIORITY - ARTICLE 36 - LA YOFFS/RECALLS ARTICLE 37 - PROMOTION ARTICLE 38 - EMPLOYMENT INFORMATION & GUIDELINES ARTICLE 39 - UNION BULLETIN BOARDS ARTICLE 40 - OTHER ISSUES RELATING TO CONVERSION FROM CIVIL SERVICE It shall be understood that any reference to Civil Service in the current contract shall only apply to those bargaining unit employees employed in either the Police or Fire Department. The remaining provisions of this Agreement shall remain in full force and effect. Dated this 7th day of January, 2008. FOR THE C ~1 CARY BOZEMAN Mayor K TROUP Secretary/Treasurer Attachments AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS ARTICLE 22 - GRIEVANCE PROCEDURE 22.1.1 Grievance - A grievance is an alleged contract violation, question, or challenge raised by a bargaining unit employee or the Union as to the correct interpretation or application of this Agreement by the City. Such allegation, question, or challenge is to be resolved through this Grievance Procedure. 22.1.2 Disciplinary Appeals - Bargaining unit employees who have been suspended, demoted or terminated may appeal their discipline either through the grievance procedure or to the Appeals Board (Civil Service Commission), but not both. ARTICLE 34 - DISCIPLINE 34.1 Prior to the imposition of any discipline or discharge of a regular employee, the Department will coordinate the action contemplated with the Human Resources Manager and City Attorney's office to ensure that the proper procedures are followed. 34.2 TYPES OF DISCIPLINE - Discipline shall be imposed for just cause. 34.3.1 The Department Director or Division Manager (except for termination of employment which can only be imposed by the Department Director) may administer the following types of discipline provided, however, the following list shall not be construed to set forth any necessary sequence of progressive discipline and does not limit alternative methods/forms of discipline: 34.3.2 Written reprimand. 34.3.3 Suspension without pay not to exceed thirty (30) days. 34.3.4 An alternative for suspension without pay may be a: a. Reduction in Step for a specified period of time, not to exceed an amount equivalent to five (5) days suspension. b. Reduction of accrued vacation leave by a specific number of hours, not to exceed five (5) days suspension. 34.3.4 Demotion. a. Demotion of a regular employee to a lower position for just cause may be made by the Department Director or Division Manager. If it is proposed that the employee be transferred to another department, the receiving Department Director must give approval. b. A regular employee so demoted shall lose all rights to a position in the higher class, and shall not, in the event of a layoff or reduction, be placed on a layoff reinstatement register for the higher class. 34.3.5 Termination. AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS 34.4 PRE-DISCIPLINARY HEARING 34.4.1 Prior to imposition of any discipline, a pre-disciplinary hearing shall be held within five (5) working days from the date the employee was advised of the proposed discipline to be taken... The regular employee shall be given an opportunity to respond to the charges, orally and/or in writing, as to why the department's proposed action should not be taken, and the date and time of the pre-disciplinary hearing. 34.4.2 The Department DirectorlDivision Manager (as applicable) shall conduct the hearing. The employee may have legal counsel, union representative, and/or witnesses present at the pre-disciplinary hearing. The employee does not have the right to confront or cross examine witnesses of the City; however, he/she may ask questions at the discretion of the Department Head. 34.4.3 The Department Director/Division Manager shall present an explanation of the evidence at the pre-disciplinary hearing, which shall be sufficient' to apprise the employee of the basis for the proposed action. 34.4.4 Within five (5) working days of the hearing, the Department Director/Division Manager shall advise the employee, in writing, of the outcome of the pre-disciplinary hearing, and the discipline to be imposed. 34.5 DISCIPLINARY APPEALS 34.5.1 Employees who have been demoted or whose employment has been suspended or terminated may appeal either through the grievance procedure or to the Appeals Board (Civil Service Commission), but not both. 34.5.2 If an employee elects to use the grievance procedure for his/her appeal, it will begin at Step 3 of the grievance procedure. 34.5.3 An employee who is issued a Written Reprimand shall be given the opportunity to have a letter of rebuttal attached to the charging document in response to the discipline taken; however, such letter shall be filed with Human Resources within fourteen (14) calendar days of issuance of the discipline. ARTICLE 35 - SENIORITY Seniority shall be determined based upon years of continuous service within the bargaining unit. However, all seniority shall be lost after 18 months in layoff status, or upon leaving the bargaining unit for any other reason (e.g. resignation, termination or acceptance of a non-bargaining unit position). If a City employee is laid off and hired Page 2 of9 AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS back into a bargaining unit position within 18 calendar months of layoff, then that employee shall have all previously earned bargaining unit seniority restored. ARTICLE 36 - LA YOFFS/RECALLS 36.1 Should the City decide to reduce the work force, layoffs (Reductions in Force {RIF} ) shall be made as follows: A. By Classification and by Division. B. By Seniority: The City will provide at least thirty (30) days notice to the affected employees. The affected employees shall be the least senior employees within the division. Any temporary/probationary employee will be laid off prior to any regular employee being laid off. 36.2 Layoff Procedure. Employees who received R.I.F. notices and were not placed in positions pursuant to this Collective Bargaining Agreement shall receive notice of layoff twenty (20) working days prior to the effective date of the layoff. A. All temporary and probationary employees in the layoff unit shall be laid off first. 36.3 BUMPING OPTIONS OF EMPLOYEES AFFECTED BY REDUCTION IN FORCE (RIF) - Employees receiving R.I.F. notices shall be offered these options which may be available within the bargaining unit, and will be given reasonable time to consider these options: A. A transfer to a vacant position within the same city-wide classification (e.g. Office Assistant Senior) and with no reduction in pay. B. The right to bump the least senior occupant in a classification in the same pay range in the department, whether or not the employee holds previous status, provided he/she meets the minimum qualifications, has greater seniority, and can perform the full range of duties of the position with a brief orientation or familiarization period (up to 45 calendar days). C. The right to bump the least senior occupant in a lower classification in the bargaining unit or division, whether or not the employee holds previous status, provided he/she meets the minimum qualifications and has greater seniority. 1. Bumping permitted by paragraphs B and C above to positions not previously held shall be made without examination, but a six (6) month probationary period shall be mandatory. Such probationary period shall only be based upon ability to perform the essential functions and duties of the position. If employee is not able to perform Page 3 of9 AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS the essential functions and duties of the position, then they will be laid off and placed on the lay-off register. Bumping to positions previously held shall be allowed without examination or a probationary period. D. The right to bump the least senior occupant in a lower classification in a division that the employee had previously transferred or promoted out of. 1. Seniority for the purposes of this provision shall be that seniority credit the employee had at the time he or she transferred out of the position. The right to bump into a lower classification or equivalent if the job title has been changed since he/she transferred out of the position but the job duties have remained essentially the same, shall terminate two (2) years after the transfer out of the bargaining unit. 36.4 In addition, an employee receiving a R.I.F. notice may apply for any currently available promotional opportunities, subject to meeting the minimum requirements for any position for which they are applying. 36.5 Placement of Laid - off Employees on Layoff Register. The names of regular employees who have been laid off shall be placed on a layoff register rated by seniority (the most senior by classification or division). 36.5.1 Layoff registers shall be maintained by the Human Resources Department in coordination with the Union 36.5.2 An employee's name shall remain on the register for eighteen (18) months from the date of layoff. 36.5.3 An employee who has bumped to a lower position shall be reinstated to his/her former position, provided a vacancy occurs within the eighteen (18) month period. 36.5.4 An employee's name shall be removed for any of the following reasons: A. Inability to contact the employee by certified mail at the employee's last known address. B. Rejection by the employee of an offer to return to a vacancy in the job classification or division held previous to layoff. C. A written statement by the employee that he/she has no further interest in returning to City of Bremerton employment. 36.6 Recall From Layoff. Page 4 of9 AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS 36.6.1 Upon notification by the Human Resources Department that a vacancy exists, the affected department director shall contact the most senior candidate from the appropriate layoff register and offer him/her the position. If the most senior candidate rejects the position, then the next senior candidate shall be offered the position, and so on. The City shall notify the Union of any recalled employee. 36.6.2 In the event the appropriate register is exhausted, an employee on another layoff register shall be recalled to a classification vacancy, provided that either the employee meets the minimum qualifications or the special qualifications, training, or skill required for the position can be obtained through a short orientation or familiarization period of up to forty-five (45) calendar days, and provided the employee makes written application for the vacancy. In no event shall any employee be recalled into a classification higher than that from which he/she was laid off. Such employee shall be subject to a probationary period in the new position subject to section 37.6.1. 36.6.2.1 The Human Resources Department shall exhaust the appropriate layoff register before opening the position to new hires. 36.6.2.2 An employee recalled will be required to pass a physical exam, if required for the position, in order to determine if he/she is physically able to perform the essential functions and responsibilities of the position. 36.7 Reinstatement. An employee who is laid off may be reinstated to a vacancy within eighteen (18) months of layoff without competition. Such employees shall be credited with: A. Seniority and step increase dates adjusted for the time laid off shall be subject to section 36.8 C; B. The previous rate of sick leave and vacation accrual based on years of service as of the time of layoff; C. Reinstatement of previous sick leave accrual balances. D. Regular status only if reinstatement is to the same division from which layoff occurred and if regular status had been previously attained; E. Benefits in accordance with any restrictions or waiting period imposed by plan documents. (Medical/Dental/Life). 36.7.1 Any employee who is reinstated from a layoff register to a classification or division not previously held shall be: Page 5 of9 AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS 1. Required to serve a three (3) month probationary period. A reinstated employee who fails to complete the probationary period shall be returned to the layoff register for the remainder of the eighteen (18) month period established by the date of the original layoff; 2. Given new seniority and increment dates for pay purposes (i.e. longevity, annual step increases); 3. Given the previous sick leave accrual balances. 4. Given benefits in accordance with any restrictions or waiting period imposed by the plan documents. (Medical/Dental/Life). 36.8 Recall Notification. A. Laid-off employees shall be carried by the City on a lay-off register for a period of eighteen (18) months, and shall be notified of any openings for which they are eligible. Eligible, for purposes of this Article, shall mean that the employee has previously held regular status in the classification and has not been demoted from the classification. No vacancies shall be posted, advertised or filled while there is an eligible employee on the lay-off list. An employee on the lay-off list may refuse to return to a lesser position than that from which they were laid-off without loss of all recall rights. An employee may not refuse to return to the classification from which they were laid off without loss of all recall rights. B. A recalled employee shall return on the date and time set by the City, which in no event shall be sooner than two (2) weeks from the time the employee was mailed a notice or recall to the last known address of the employee, unless by mutual consent to an earlier starting date. No temporary employees shall be hired to do bargaining unit work by the department while any regular employees are in lay-off status. C. Employees rehired from the lay-off list shall not suffer any loss of seniority or benefits as a result of lay-off, but shall not accrue seniority, wages, or benefits during lay-off. D. The lay-off or recall from lay-off procedures set forth above will be administered in a manner that does not unfairly discriminate against any individual employee. Page 6 of9 AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS ARTICLE 37 - PROMOTION 37.1 Should a position vacancy occur, as determined by the City, the City shall be required to consider, but not necessarily select, candidates for promotion from within the bargaining unit before selecting employees from outside the bargaining unit. In any event, the City may select the applicant who, in the City's opinion, is the best qualified for any position opening in the bargaining unit, from any source whatsoever. Vacancies will be posted internally for no less than fifteen (15) calendar days. A. A bargaining unit employee who is promoted shall be placed at the closest step in the new range that provides at least a five percent (5%) increase in salary and does not exceed the maximum of the pay range. B. The promotional probationary period shall be six (6) months. 37.2 The promotional probationary employee who fails to successfully complete probation shall be demoted to the lower position from which he/she was promoted. Such determination shall be made at the sole discretion of the City and the reasons shall not necessarily constitute just cause. ARTICLE 38 - EMPLOYMENT INFORMATION & GUIDELINES 38.1 General Guidelines for Employment 38.1.1 Non-discrimination - The City shall not discriminate against any City employee or any applicant for employment on the basis of race, religion, color, national origin, gender, age, sexual orientation or disability 38.1.2 Basis of Employment - All employment with the City shall be based on merit, knowledge, skill, ability qualification and moral fitness as evidenced by: A. Education, training and experience as reflected by the application form resume' and other documentation of certification, registration, etc. B. Written and/or performance tests (when applicable). C. After a conditional offer of employment is made, pre-employment physical and drug testing (if applicable to the position) shall be required to determine whether the individual can effectively perform the essential functions and responsibilities of the position for which they are being considered with or without reasonable accommodation. Such physical examination shall be performed by a city-designated physician and laboratory and paid for by the City. Page 7 of9 AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS D. Background investigation including criminal history, credential/degree verification and reference checks as allowed by law. 38.2 Nepotism 38.2.1 It is the City's policy that immediate family members of City employees will not be hired if: A. One member would have the authority or be in a position to supervise, hire, remove or discipline the other; or B. One member would be responsible for auditing or evaluating the work of the other; or C. Other circumstances exist which would place the relatives in a situation of actual or reasonably foreseeable conflict between the City's interest and their own. 38.2.2 The City conducts open and competitive hiring processes. Preference will not be given to candidates who are immediate family members. 38.2.3 Immediate family for purposes of this Article shall be defined as: Spouse, child, brother, sister, parents, grandparents, step relations, in-laws, dependents and anyone residing in the employee's household. 38.2.4 Relationship Occurring During Employment - When a relationship, as defined under immediate family in this Article occurs during employment, the two (2) affected employees may remain in their current positions provided they are not in conflict with the restrictions identified in this Article. If a conflict is created by the relationship, the City will attempt to arrange a transfer or change in position. If a suitable transfer/change in position is not available, one of the employees will be separated from City service. Every attempt will be made to effect transfer or separation on the basis of agreement between the employees involved and the City. If a mutual agreement is unattainable, the Mayor will determine, in the City's best interest, the employee to be transferred or separated. 38.3 Vacancy Announcements - The City shall post announcement notices of position vacancies in the local newspaper, on City internal and external web sites, in all City departments and an electronic copy to the Union within on the date the position is posted on the City's web sites 38.4 Examinations or Testing - Appointments shall be made according to skill, ability, qualification, merit and fitness, which shall be ascertained by examinations conducted under the guidance of the Human Resources division. Page 80f9 AMENDMENT TO TEAMSTERS CONTRACT INCORPORATING CIVIL SERVICE PROVISIONS 38.4.1 Examinations may be assembled or non-assembled, and may include written, oral, physical tests, performance tests, interviews, ratings, training, experience, computer-based examinations, criteria rating forms, or any combination of these. 38.5 Promotions 38.5.1 The City shall make a reasonable effort to offer promotional opportunities to current employees when possible. 38.5.2 Promotional postings shall be placed on the City's internal web site and copies sent to all departments for posting on the Union bulletin boards, to the Union and shop stewards. 38.5.3 Current bargaining unit employees who successfully complete the examination/testing process for promotion will have seven and one-half percent (7.5%) of their PASSING score added to their final score. 38.5.4 Human Resources will develop a policy for rating candidates for promotional opportunities. 38.5.5 If the Department Director in the department where a vacancy exists proposes to fill such position through the promotional process, he/she shall have the sole discretion to determine whether or not to consider transfer requests for the position from other bargaining unit employees in the same classification as the position vacancy. Such decision will be included in the promotional announcement. ARTICLE 39 - UNION BULLETIN BOARDS 39.1 With the elimination of Civil Service for bargaining unit employees, the former Civil Service Bulletin Boards shall be designated as Union bulletin boards. 39.2 Union Bulletin Boards shall be used exclusively to post Union notices of meetings, social events, job postings and other related union business. It shall be the responsibility of the shop stewards to monitor the bulletin boards to ensure they are being utilized for those purposes only. ARTICLE 40 - OTHER ISSUES RELATING TO CONVERSION FROM CIVIL SERVICE The City and the Union agree that any issue that arises in relation to the conversion from Civil Service until a successor contract is ratified by both parties shall be addressed in Joint Labor Management Committee meetings. Page 9 of9