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HomeMy WebLinkAboutPOLICE OFFICERS GUILD, 1989-1991 ,,' e e ADDENDUM TO AGREEMENT WHEREAS the City of Bremerton and the Bremerton Patrolman's Association wish to amend and modify the Labor Agreement executed between the parties for uniformed employees within the Bremerton Police Department so as to include the classification of Police Sergeant within the terms of that agreement; NOW THEREFORE, IT IS AGREED between the parties as follows: 1. All provisions of the labor agreement between the City of Bremerton and the Bremerton Patrolman's Association (hereinafter, "the agreement") shall apply equally to those employees within Sergeant positions and other uniformed employees within the bargaining unit except as may be specifically delineated in this Addendum to Agreement. 2. The parties agree that Appendix A currently appended to the agreement shall be amended according to Appendix A which is attached hereto and incorporated by reference herein. 3. Article 6, Section 6.2, is modified so as to include a new paragraph "C". Said paragraph shall read: "C. Upon promotion from Patrol Officer to Police Sergeant, an employee will be placed at that base wage rate of the Sergeant's wage range which will provide a minimum increase of 4%." e e 4. Article 6 is further modified so as to include a new subsection, "6.3". Said subsection shall read: "6.3 Officer In Charge: When a Patrol Officer is assigned substantially the full duties of Sergeant, the Officer will be paid at a rate as if promoted to Sergeant for the duration of the assignment." 5. Article 6 is further modified so as to include a new subsection, "6.4". Said subsection shall read: "6.4 Maintenance of Differential: Notwithstanding the base wage rates set forth in Appendix A for Police Sergeant at entry, at second year and at third year, an employee who was regularly appointed to the classification of Sergeant as of June 30 1990 and who at that time had served less than three full years in the classification shall have his or her base wage rate set at 11.6% above the fifth year Patrol Officer base wage rate until such time as the employee has completed three full years of employment in the Sergeant classification. Upon the completion of three full years of employment in the Sergeant classification, such an employee shall have his or her base wage rate set at the applicable year Sergeant rate in effect at that time. Such an employee shall receive the appropriate percentage of longevity pay for years of City employment in addition to the base wage rate set by this subsection. - e 6. Article 7, Section 7.2, is modified so as to include a new paragraph "D". Said paragraph shall read: "D. Sergeants shall be allowed to bid for shifts on the basis of time since promotion to Sergeant provided, Section A and B above shall not apply to Sergeants, and provided further, the Chief of Police may assign a Sergeant to a particular shift without regard to seniority when such assignment is reasonably necessary to the efficient provision of police services." /-- (~ '-..,- --~~~ ENTERED INTO THIS ~~ day of CITY OF BREMERTON: ~7JJ~ ATTEST: A?. ,Ale ejA!.,{Jk~ Member, Board of Dir ors ~~~~ City Clerk I ~.prov;;1 ~~ VAC.AN-t" Member, Board of Directors e e .,.. Page 1 of 3 APPmDIX A WAGE RATES IJ:NGEVI'lY SCALE . .I2:tn;!'l\I'E JANUARY 1 1989 :mmY THRU sro:w THIRD FOORTH FIFI'H : 6TH THRU 11TH THRU 16TH THRU 21ST YEAR POSrrIOO BASE :FIRST YR YEAR YEAR YEAR YEAR : 10TH YRS 15TH YRS 20TH YRS AND OVER PATROL OFFICER: APPROX ANN 25,334 26,291 27,518 28,704 31,200 : 31,512 31,824 32,136 32,448 : APPROX. M:> 2,111 2,191 2,293 2,392 2,600 : 2,626 2,652 2,678 2,704 : APPROX. B1 -!f): 1,056 1,095 1,147 1,196 . 1,300 : 1,313 1,326 1,339 1,352 : AC'IUAL HRLY : 12.18 12.64 13.23 13 . 80 15.00 : 15.15 15.30 15.45 15.60 : OVERTIME 18.27 18.96 19.85 20.70 22.50 : 22.73 22.95 23.18 23.40 .I2:tn;rlVEJULY 1 1989 PATROL OFFICER: APPROX ANN 26,601 27,606 28,894 30,139 32,760 : 33,088 33,415 33,743 34,070 : APPROX. !f) 2,217 2,300 2,408 2,512 2,730 : 2,757 2,785 2,812 2,839 : APPROX B1 -00: 1,108 1,150 1,204 1,256 1,365 : 1,379 1,392 1,406 1,420 : AC'IUAL HRLY : 12.79 13.27 13.89 14.49 15.75 : 15.91 16.07 16.22 16.38 : OVERTIME 19.18 19.91 20.84 21. 74 23.63 : 23.86 24.10 24.33 24.57 .I2:t:tX:l'l'/E JULY 1 1990 PATROL OFFICER: APPROX ANN 27,931 28,986 30,339 31,646 .34,398 : 34,742 35,086 35,430 35,774 . : APPROX.' 00 2,328 2,416 2,528 2,637 2,867 : 2,895 2,924 2,952 2,981 : APPROX. B1-oo: 1,164 1,208 1,264 1,319 1;433 : 1,448 1,462 1,476. 1,491 : AC'IUAL HRLY : 13.43 13.94 14.59 15.21 16.54 : 16.70 . 16.87 . 17.03 17.20 : OVERTIME. 20.14 20.90 21. 88 22.82 24.81 : 25.05 25.30 25.55 25.80 .I2:tn;l'l'/E JANUARY 1 1991 PATROL OFFICER: APPROX ANN 28,769 29,856 31,249 32,596 35,430 : 35,784 36,139 36,493 36,847 : APPROX. !f) 2,397 2,488 2,604. 2,716 2,952 : 2,982 3,012 3,041 3 ,071 : APPROX B1-OO: 1,199 1,244 1,302 1,358 1,476 : 1,491 1,506 1,521 1,535 : AC'IUAL HRLY : 13.83 14.35 15.02 15.67 17.03 : 17.20 17.37 17.54 17.71 : OVERTIME 20.75 21.53 22.54 23.51 25.55 : 25.81 26.06 26.32 26.57 .I2'.I!n:l'l'/E CC'roBER 1 1991 PATROL OFFICER: APPROX ANN 30,208 31,348 32,812 34,225 37,201 : 37,573 37,945 38',317 38,689 : APPROX. ID 2,517 2,612 2,734 2,852 3,100 : 3,131 3,162 3,193 3,224 : APPROX B1 -'-ID: 1,259 1,306 1,367 1,426 1,550 : 1,566 1,581 1,597 1;612 : AC'IUAL HRLY : 14.52 15.07 15.77 16.45 17.89 : 18.06 18.24 18.42 18.60 : OVERTIME 21. 78 22.61 23.66 24.68 26.83 : 27.10 27.36 27.63 27.90 . e . ~ APPENDIX A WAGE RATES Page 2 of 3 EFFECTIVE JANUARY 1 1989 TIME IN SERGEANT CLASSIFICATION: :ENTRY THRU SECOND THIRD FOURTH FIFTH+ POSITION BASE : FIRST YR YEAR YEAR YEAR YEARS -------------- ----------- ---------- -------- -------- -------- -------- POLICE SERGEANT APPROX ANN 34,819 34,819 34,819 34,819 34,819 APPROX MO ,. 2,902 2,902 2,902 2,902 2,902 APPROX BI-MO 1,451 1,451 1,451 1,451 1,451 ACTUAL HRLY 16.74 16.74 16.74 16.74 16.74 OVERTIME 25.11 25.11 25.11 25.11 25.11 TIME IN CITY LONGEVITY EMPLOYMENT: RATES ACTUAL HOURLY 6TH THRU 10TH YR 1%: 16.90 16.90 16.90 16.90 16.90 11TH THRU 15TH YR 2%: 17.07 17.07 17.07 17.07 17.07 16TH THRU 20TH YR 3%: 17.24 17.24 17.24 17.24 17.24 21ST YR AND AFTER 4%: 17.41 17.41 17.41 17.41 17.41 EFFECTIVE JULY 1 1989 TIME IN SERGEANT CLASSIFICATION: :ENTRY THRU SECOND THIRD FOURTH FIFTH POSITION BASE : FIRST YR YEAR YEAR YEAR YEAR -------------- ----------- :--------- -------- -------- -------- -------- POLICE SERGEANT APPROX ANN 34,819 35,381 36,130 36,878 37,669 APPROX MO 2,902 2,948 3,011 3,073 3,139 APPROX BI-MO 1,451 1,474 1,505 1,537 1,570 ACTUAL HRLY 16.74 17.01 17.37 17.73 18.11 OVERTIME 25.11 25.52 26.06 26.60 27.17 TIME IN CITY LONGEVITY EMPLOYMENT: RATES ACTUAL HOURLY 6TH THRU 10TH YR 1%: 16.90 17.18 17.54 17.91 18.29 11TH THRU 15TH YR 2%: 17.07 17.35 17.72 18.08 18.47 16TH THRU 20TH YR 3%: 17.24 17.52 17.89 18.26 18.65 21ST YR AND AFTER 4%: 17.41 17.69 18.06 18.44 18.83 EFFECTIVE JULY 1 1990 TIME IN SERGEANT CLASSIFICATION: :ENTRY THRU SECOND THIRD FOURTH FIFTH POSITION BASE :FIRST YR YEAR YEAR YEAR YEAR -------------- ----------- :--------- -------- -------- -------- -------- POLICE SERGEANT APPROX ANN 36,379 37,149 37,939 38,730 39,562 APPROX MO 3,032 3,096 3,162 3,227 3,297 APPROX BI-MO 1,516 1,548 1,581 1,614 1,648 ACTUAL HRLY 17.49 17.86 18.24 18.62 19.02 OVERTIME 26.24 26.79 27.36 27.93 28.53 TIME IN CITY LONGEVITY EMPLOYMENT: RATES ACTUAL HOURLY 6TH THRU 10TH YR 1%: 17.66 18.04 18.42 18.81 19.21 11TH THRU 15TH YR 2%: 17.84 18.22 18.60 18.99 19.40 16TH THRU 20TH YR 3%: 18.01 18.40 18.79 19.18 19.59 21ST YR AND AFTER 4%: 18.19 18.57 18.97 19.36 19.78 e . APPENDIX A WAGE RATES Page 3 of 3 EFFECTIVE JANUARY 1 199.1 TIME IN SERGEANT CLASSIFICATION: \ :ENTRY THRU SECOND THIRD FOURTH FIFTH POSITION BASE :FIRST YR YEAR YEAR YEAR YEAR -------------- ----------- :--------- -------- -------- -------- -------- POLICE S'ERGEANT APPROX ANN . 37,461 38,272 39,083 39,894 40,747 APPROX MO 3,122 3,189 3,257 3,325 3,396 APPROX BI-MO 1,561 1,595 1,628 1,662 1,698 ACTUAL HRLY 18.01 18.40 18.79 19.18 19.59 OVERTIME 27.02 27.60 28.19 28.77 29.39 TIME IN CITY LONGEVITY EMPLOYMENT: RATES ACTUAL HOURLY 6TH THRU 10TH YR 1%: 18.19 18.58 18.98 19.37 19.79 11TH THRU 15TH YR 2%: 18.37 18.77 19.17 19.56 19.98 16TH THRU 20TH YR 3%: 18.55 18.95 19.35 19.76 20.18 21ST YR AND AFTER 4%: 18.73 19.14 19.54 19.95 20.37 EFFECTIVE OCTOBER 1 1991 TIME IN SERGEANT CLASSIFICATION: :ENTRY THRU SECOND THIRD FOURTH FIFTH POSITION BASE :FIRST YR YEAR YEAR YEAR YEAR -------------- ----------- :--------- -------- -------- -------- -------- POLICE SERGEANT APPROX ANN 39,333 40,186 41,038 41,891 42,786 APPROX MO 3,278 3,349 3,420 3,491 3,565 APPROX BI-MO 1,639 1,674 1,710 1,745 1,783 ACTUAL HRLY 18.91 19.32 19.73 20.14 20.57 OVERTIME 28.37 28.98 29.60 30.21 30.86 TIME IN CITY LONGEVITY EMPLOYMENT: RATES ACTUAL HOURLY 6TH THRU 10TH YR 1%: 19.10 19.51 19.93 20.34 20.78 11TH THRU 15TH YR 2%: 19.29 19.71 20.12 20.54 20.98 16TH THRU 20TH YR 3%: 19.48 19.90 20.32 20.74 21.19 21ST YR AND AFTER 4%: 19.67 20.09 20.52 20.95 21. 39 e e AGENDA BXLL BREMERTON CITY COUNCIL 1. SUBJECT: Addendum to Labor Agreement by and between The City of Bremerton and Bremerton Patrolman's Association FOR AGENDA OF: July 11, 1990 ORIGINATING DEPT: Personnel riJ~ ORIGINATOR: Caroline Marshall~ \ DATE SUBMITTED: July 5, 1990 Ian Siever necessary) 3. EXHXBXTS: 2. CLEARANC Kathy Labor Agreement Chief McNeal ENDORSEMJNT [] 'C INF9~ON [] MAYOR ~ ~ ft1~ APPROVED BY COUNCIL PRESIDENT/FOR SUBMITTAL: COUNCIL PRESIDENT ~ ./- ~A- 4. SUMMARY STATEMENT AND REOUXREMENT FOR COUNCXL ACTXON: See attached page 3. 8. RECOMMENDATXON: It is recommended that the City Council approve the Agreement and authorize Mayor Louis Mentor to execute the contract. 9. RESPONSXBLE OFFXCXAL: ENFORCEMENT OFFXCXAL: EXPIRATION DATE: REVXEW DATE: C. Marshal iliA A C. Marshali(!J(>'\ 12/31/91 . . 09/16/91 10. NOTICE OF ACTION &0= Yt-/7'? PUL~~D [] TABLED [], A~,~ 0ISAPPROVED [] AMENDED [] DATE: COUNCrL DZRECUVE. . ~ ~ ~ ~ ..Y\."'~ ~ ~~~~ M 1 d:l'~ ~~~J ~~1L~~ ~eL' C~+/l~J~k JUll1 &to cc: 'n....w.~ ~...,>j~ _-._'.',,_ _,_ ~'~_'_'_~~M"-'-_'.'.' _,_~....".~....~......,_""..n. "_~'" . _.._"~_ ~ .._H......-__..____.....-.....__....,-"""'.~'"-_."'":"........---....~..~-...-.....-~' - . 2 . CLEARANCES COMMENTS: ',. " 'C' ,~ , 5. IMPACT OF NON-PASSAGE: Non-passage would result in a bargaining impasse. RCW 41.56 Impasse Resolution procedures would begin. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES: Budgeted. 7. RESEARCH SOURCES: - . LAB 0 R A G R E E MEN T ~..~).",~-" BY AND BETWEEN THE CITY OF BREMER TON AND THE BREMERTON PATROLMANS' ASSOCIATION January 1 1989 - December 31 1991 '2/ ,,,n J)j,iO OJ-- ",'- e . TABLE OF CONTENTS ARTICLE 1. PREAMBLE ARTICLE 2. DISCRIMINATION ALLEGATIONS ARTICLE 3. RECOGNITION ARTICLE 4. ASSOCIATION DUES 4.1 Dues Deductions 4.2 Maintenance of Membership 4.3 New Employees 4.4 Equivalent Dues Payment 4.5 Failure to Comply 4.6 Hold Harmless ARTICLE 5. ASSOCIATION ACCESS 5.1 Conduct of Association Business 5.2 Association Representatives 5.3 Association Bulletin Boards ARTICLE 6. WAGES 6.1 Hourly Wage Rates 6.2 Longevity Pay ARTICLE 7. HOURS OF WORK 7.1 Normal Hours of Work 7.2 Shifts 7.3 Shift Exchanges 7.4 Shift Changeover Coordination ARTICLE 8. OVERTIME 8.1 Overtime Defined 8.2 Overtime Compensation 8.3 Limitation on Compensatory T^ime 8.4 Minimum Overtime 8.5 Court and/or Subpoenaed Appearances ARTICLE 9. VACATION LEAVE 9.1 Vacation Accrual 9.2 Vacation Eligibility 9.3 Vacation Scheduling 9.4 Maximum Vacation Accrual 9.5 Vacation Pay-out i Page No. 1 1 1 1 2 2 2 2 2 2 3 3 3 3 4 4 4 5 5 5 5 5 5 6 6 6 6 7 e . TABLE OF CONTENTS (Continued) ARTICLE 10. HOLIDAYS 10.1 Holidays Observed 10.2 Floating Holiday 10.3 Holiday Compensation 10.4 Premium Holiday Compensation ARTICLE 11. SICK 11.1 11.2 11. 3 11.4 11. 5 11.6 11.7 11. 8 11.9 11.10 ARTICLE 12. OTHER 12.1 12.2 12.3 12.4 LEAVE AND INDUSTRIAL DISABILITY Sick Leave Accrual Maximum Sick Leave Accrual Sick Leave Incentive Sick Leave Retirement or Death Payment Sick Leave Use Notification of Sick Leave Use A. Routine Appointments B. Unanticipated Absence C. Sick Leave During Authorized Paid Leave Sick Leave Documentation and Approval Industrial Disability for LEOFF I Employees Industrial Disability for LEOFF Employees Disability Leave Supplement for Employees PAID LEAVE Bereavement Leave Jury Duty, Witness Military Leave Emergency Leave Leave ARTICLE 13. RETIREMENT BENEFITS ARTICLE 14. INSURANCE BENEFITS 14.1 Medical Insurance 14.2 Dental Insurance 14.3 Disability 14.4 Insurance Reserves, Rebates and Surpluses 7 7 7 7 8 8 8 8 8 8 8 9 9 9 9 II 10 LEOFF II 10 11 11 11 11 11 12 12 12 12 ARTICLE 15. CLOTHING AND UNIFORM CLEANING ALLOWANCE 15.1 Purchase of Uniforms 15.2 Clothing Allowance 15.3 Uniform Cleaning Allowance 15.4 Cleaning Contract 15.5 Motorcycle Boots ii 13 13 . 13 13 13 e e TABLE OF CONTENTS (Continued) ARTICLE 16. PERSONNEL PRACTICES 16.1 Definitions A. Probationary Employee B. Promotional Probation C. LEOFF I Employee D. LEOFF II Employee 16.2 Indemnification of Employees 16.3 Provisional Appointment 16.4 Department Policy Manual and Policy Changes 16.5 Police Officers Interview Guidelines ARTICLE 17. MANAGEMENT RIGHTS ARTICLE 18. PERFORMANCE OF DUTY/NO STRIKE ARTICLE 19. GRIEVANCE PROCEDURE 19.1 Definitions A. Grievance B. Civil Service Appeal C. Unfair Labor Practice 19.2 Step 1 19.3 Step 2 19.4 Step 3 . 19.5 Step 4 19.6 Selection of Arbitrator 19.7 Powers and Duties of the Arbitrator 19.8 Costs of Arbitration 19.9 Time Limits ARTICLE 20. SEVERABILITY ARTICLE 21. ENTIRE AGREEMENT ARTICLE 22. CONFLICTING PROVISIONS ARTICLE 23. TERM ENACTMENT APPENDIX A iii 14 14 14 14 14 14 14 14 16 16 16 16 16 17 17 17 17 18 18 18 18 18 19 19 19 ~ "'. -20 . 20 e e LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and BREMERTON PATROLMANS' ASSOCIATION January 1, 1989 through December 31, 1991 ARTICLE 1. 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 Bremerton Patrolmans' Association hereinafter known as the "Association" for the purpose of setting forth the wages, hours and other terms and conditions of employment which shall be in effect during the term of this agreement for employees included in the bargaining unit described in Article 3 below. ARTICLE 2. DISCRIMINATION ALLEGATIONS An employee who believes that he or she has been the subject of unlawful discrimination on the basis of political affiliation, age, sex, marital. status, race, creed, color, religion, national origin or activity protected by RCW 41.56 shall seek relief through the City's Equal Employment Opportunity Complaint Procedure or the appropriate state or federal agency charged with investigating such matters and shall not process such complaints through the Grievance Procedure of this Agreement. ARTICLE 3. RECOGNITION The City recognizes the Association as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all employees in classifications set forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement. ARTICLE 4. ASSOCIATION DUES 4.1 Dues Deductions: The City will deduct monthly Association dues and initiation fees uniformly required of membership 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 Treasurer of the Association. 1 e e 4.2 Maintenance of Membership: An employee who is a member of the Association upon the date of the signing of this agreement and an employee who joins the Association subsequent to the date of the signing of this agreement shall maintain membership in good standing with the Association through the payment of periodic dues assessed by the Association during the term of this agreement. An employee who was not a member of the Association prior to September 3, 1986 shall not be subject to this Article. 4.3 New Employees: A newly hired employee shall determine within thirty (30) days whether he or she wishes to (1) join the Association and pay Association dues and fees or (2) decline to join the Association and pay a service fee equivalent to regular Association initiation fees and dues as a consideration toward the administration of this agreement. 4.4 Equivalent Dues Payment: In accordance with RCW 41.56, objections to joining the Association which are based on bona fide religious tenets or teachings of a church or religious body as may be determined by the Public Employment Relations Commission will be observed. Any such employee shall pay an amount of money equivalent to regular Association dues to a nonreligious charity mutually agreed upon by the employee affected and the Association. 4.5 Failure to Comply: An employee who is required to maintain membership in good standing and fails to do so and an employee who is required to pay a service fee and fails to do so under the provisions of this Article, shall be terminated upon notice of such fact in writing from the Association to the City. Termination of such an employee shall become effective within thirty (30) days from the date the City received the notice, unless the employee has remedied the delinquency within said thirty (30) day period. provided that the habitual failure to timely pay dues, service fees or charitable contributions shall, upon the request of the Association, result in the discharge of the offending employee. 4.6 Hold Harmless: The Association shall indemnify and hold the City harmless from any an all liability resulting from the administration of the provisions of this Article. ARTICLE 5. ASSOCIATION ACCESS 5.1 Conduct of Association Business: Association business such as handling grievances and other legitimate routine matters may be conducted on Police Department premises provided that such business does not interfere with Police Department operations and is authorized by the Police Chief. Scheduled Association meetings may be held in Police Department facilities provided that such meetings do not interfere with Police Department operatioris and are approved in advance by the Police Chief. 2 e e 5.2 Association Representatives: The Association shall provide written notice to the City of the names of the officials authorized to represent the Association immediately upon their election or appointment. The City will provide reasonable access to City premises to such authorized representatives for the purpose of handling grievances and other legitimate Association business provided that such access does not interfere with the work and duties of Association employee representatives or of other on-duty employees. The Police Chief shall grant an employee who is also an Association Representative reasonable release time while on duty for the purpose of handling grievances and other legitimate Association business, provided that such release time does not unreasonably interfere with the work and duties of the employee or of other on-duty employees. 5.3 Association Bulletin Boards: The City shall permit the reasonable and-lawful use of bulletin boards by the Association for the posting of notices relating to official Association business. ARTICLE 6 - WAGES 6.1 Hourly Wage Rates: Hourly wages shall be paid as set forth in Appendix A which is attached hereto and made a part hereof. A. Advancement through the hourly wage rates from the first rate through the final rate of the longevity scale will occur upon completion of the prescribed number of full year(s) of continuous employment since the employee's last wage placement. In the event an employee is on approved leave of absence without pay, the employee's next wage rate advancement date will be extended by the actual number of days the employee was absent on such leave. B. A new employee's wage rate shall be set at the first year rate except that a new employee who has prior paid work experience as a full time Patrol Officer in a police service which operates a full time service using paid employees, may have his or her wage rate set at the second year or third year rate based upon relevant years and type of prior experience. Placement at second or third year rates shall be determined by the City. 6.2 Longevity Pay: Longevity pay, which is a rate of pay based on the length of completed continuous service with the Employer, shall be calculated on- the individual employee's hourly wage rate and shall be paid as follows: 3 e e Lenqth of Continuous Service Rate Per Hour o through 5 years continuous employment 0% Commencing 6 through 10 years continuous employment 1% Commencing 11 through 15 years continuous employment 2% Commen~ing 16 through 20 years continuous employment 3% Commencing 21 years and over continuous employment 4% ARTICLE 7 - HOURS OF WORK 7.1 Normal Hours of Work: forty (40) hours per week. The normal hours of work shall be 7.2 Shifts: Employees shall be assigned to one of three standard shifts as follows: Day Swing Grave 6 a.m. - 2 p.m. 2 p.m. - 10 p.m. 10 p.m. - 6 a.m. D~ys off will be practiced. Other shifts exceed 40-hours per week employer and employee. assigned by supervisors as currently may be worked provided that they do not and are mutually agreed to by the A. Shift assignments within the Patrol Division only shall be bid by seniority at least annually provided that no more than 33% of the positions on each shift shall be exempt from the bidding process and assigned as is provided in B below. For the purposes of this section, seniority shall be defined as all paid regular time worked as a commissioned police officer with the City of Bremerton Police Department. B. Exempt positions may be assigned at the sole discretion of the Chief of Police provided that no Officer past his or her one year probationary period may be reassigned to another shift more often than once every six months. C. Notwithstanding A and B above, reassign any non-probationary employee year and probationary employees may be the discretion of the Chief of Police. the Chief of Police may for just cause once each reassigned to shifts at 7.3 Shift Exchanqes: Employees may exchange full or partial shifts when the change does not interfere with the duties and responsibilities of the employees in their positions and provided that the immediate supervisors of such employees find that no such interference will occur as the result of a mutually agreeable shift exchange. The Police Chief may overrule such a finding by the immediate supervisors in the event that the department's service or training needs require specific employees to be on duty during their assigned shifts. 4 e e 7.4 Shift Chanqeover Coordination: Upon being transferred from one shift to another, an employee may be scheduled to begin the newly assigned shift upon a day and at a time which results in the employee receiving less than the normal two (2) days off after concluding a work week of five (5) consecutive eight (8) hour days or the normal three (3) consecutive days off after concluding a work week of four (4) consecutive ten (10) hour days. An employee who has been transferred from one shift to another shall normally be scheduled to begin the newly assigned shift upon a day or at a time which results in the employee receiving at least ten (10) hours of rest between work shifts. In the event that the transfer from one shift to another results in an employee receiving less than ten (10) hours of rest between work shifts, the employee shall be paid overtime for time worked during the ten (10) hour period between work shifts. An employee who receives a minimum of ten (10) hours of off duty time between work shifts shall not be eligible for overtime compensation for shift changeover coordination time. ARTICLE 8 - OVERTIME 8.1 Overtime Defined: Overtime is all required and authorized work performed in excess of an employee's normal work schedule. Overtime includes required training, instruction, callback and other work which is required and authorized by the City and is performed during an employee's normally scheduled off duty time. 8.2 Overtime Compensation: Overtime work shall be compensated at the rate of one and one-half times an employee's hourly rate' in cash or in compensatory time. Overtime compensation in compensatory time may be granted upon the request of the employee and with the approval of the Police Chief. 8.3 Limitation on Compensatory Time: Accrued Compensatory time must be taken within one hundred eighty (180) days from the date earned and at a time mutually agreeable to the employee and the Chief of Police or the Chief's designee. If not used, it will be paid at the overtime rate. 8.4 Minimum Overtime: An employee who has left the workplace and who is called back to duty for a period of time which is less than three (3) hours, shall receive a minimum of three hours of overtime compensation. 8.5 Court and/or Subpoenaed Appearances: An employee who appears in Court or responds to a subpoena on behal+ of the City on off duty time shall receive a minimum of two hours of overtime compensation for such appearance. An employee who has been subpoenaed to appear in Court shall call the Court on the morning of the date of the scheduled appearance to confirm that the subpoena is still active. If the subpoena remains active after 5 e e the telephone minimum of two the subpoena. employee calls call, the employee shall then qualify to receive a hours of overtime compensation for responding to If the subpoena is no longer active after the in, no compensation shall be due the employee. ARTICLE 9 - VACATION LEAVE 9.1 Vacation Accrual: Employees shall accrue vacation time with pay for all regularly scheduled work time including paid leave time pursuant to the following schedule: Period of Continuous Full Time Employment Date of Hire through 5 years 6th year 7th year 8th year 9th year 10th year 11th 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 9.2 Vacation Eliqibility: An employee becomes eligible to take accrued vacation time upon completion of six (6) full months of employment. Vacation time must be taken in segments of one-half hour or more. Vacation time must be fully accrued prior to the time an employee takes any vacation time off. 9.3 Vacation Schedulinq: Annual vacation leave shall be authorized by the Police Chief or the Chief's designee. Personnel shall schedule vacation leave by mutual agreement of the employee and the Police Chief or the Chief's designee. 9.4 Maximum Vacation Accrual: The maximum number of vacation accrual hours that any employee shall be allowed to carry forward from one calendar year to the next is as follows: Years of Continuous Employment o through Five (5) years More than Five (5) years Non-shift Personnel Maximum Balance 160 hours 240 hours 6 e e 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, the excess hours shall be paid out in cash at the employee's straight time hourly rate unless the City Council approves an extension of the time period beyond the end of the calendar year during which the employee must take all vacation hours which exceed the maximum allowable carryover. An employee who fails to request scheduled vacation time during the year and who's accrued vacation hours exceed the maximum carryover balance and the end of the calendar year shall forfeit such excess vacation hours. 9.5 Vacation Pay-Out: Upon the retirement or termination of an employee or upon the date of an employee's disability retirement, the accrued vacation hours of such and employee will be paid to the employee in a cash lump sum payment. ARTICLE 10 - HOLIDAYS 10.1 Holidays Observed: observed by the City: The following holidays shall be 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 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 Floating Holiday: Each employee shall be allowed one additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief. 10.3 Holiday Compensation: Employees covered by this Agreement shall receive an additional eleven (11) days vacation leave per year in lieu of holidays, except as provided in 10.4 below. The accrual and payment of such additional compensation shall be in accordance with the Employer's established practice in this regard. ~~. 10.4 Premium Holiday Compensation: In the event an employee covered by this Agreement is required to work during the term of this Agreement on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, or Christmas Day, such employee shall be compensated at the rate of one and one half (1 1/2) times the employee's hourly rate of pay. It is recognized that non-uniform officers are not scheduled to work on the holidays enumerated in this Section. 7 e e ARTICLE 11 - SICK LEAVE AND INDUSTRIAL DISABILITY 11.1 Sick Leave Accrual: with pay at the rate of work including paid leave. hours. Employees shall accrue sick leave time .046154 hours for all normal hours of The maximum annual accrual will be 96 11.2 Maximum Sick Leave Accrual: Employees shall be able to accrue sick leave to a maximum of 960 hours. 11.3 Sick Leave Incentive: An employee who takes thirty-two (32) hours or less of sick leave in any full calendar year shall have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. 11.4 Sick Leave Retirement or Death Payment: An employee who retires from City service on a service retirement or an employee who dies shall 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 or the employee's estate at the employee's regular hourly wage rate in effect at the time of retirement or death. 11.5 Sick Leave Use: Sick leave must be accrued in the payperiod prior to use by an employee. Sick leave shall 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-half hour to cover an employee's absence from his or her regularly scheduled work hours due to: A. The temporary disability of an employee resulting from his or her personal illness or injury. B. Providing care for an employee's children under the age of 18 when they have a health condition that requires supervision or treatment. C. 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 Notification of Sick Leave Use: An employee who is absent or expects to be absent from work due to causes specified in 11.5 above, shall provide notification as follows: A. Routine Appointments: The employee shall give prior notice of the date and time of the appointment to his or her immediate supervisor. An employee's immediate supervisor may request that the employee reschedule routine appointments when the scheduled absence of the employee would unduly interfere with the operations of the Department. An immediate supervisor shall not unreasonably deny an employee sick leave with pay for routine medical, dental or oculist appointments. 8 e e B. 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 11.5 above, shall promptly notify the department by telephone or otherwise as soon as practicable and will make every effort to notify the department within the first one~half hour preceding each work day of absence. In the event of a prolonged illness or injury, the Department may exempt an employee from the requirement to daily report absences and may establish an alternative reporting arrangement appropriate to the circumstances. c. Sick Leave durina Authorized Paid Leave: An employee who becomes ill or is injured during the employee's 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. 11.7 Sick Leave Documentation and Approval: An employee who has been absent on sick leave shall, within thirty-six hours after returning to work, submit such forms and provide such information as are required by the Department to approve the use of sick leave with pay for the absence. The Department may require an employee to provide a professional physician's verification of illness or injury as a condition of approving sick leave with pay, if the supervisor has a reasonable basis to suspect sick leave is not being used in conformance with 11.5. In the event the Department intends to require such verification, the employee will be notified of the requirement prior to returning to work. The Department may require an employee to provide certification 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 a need for certification, the employee will be allowed to continue the use of sick leave for the period required to obtain required certification. Sick leave must be approved by the Department prior to payment. The Department shall not unreasonably withhold approval of sick leave with pay from employees. 11.8 Industrial Disability for LEOFF I Employees: An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF I", who becomes disabled, and whose disability extends beyond a period of six (6) full months, shall apply for disability retirement benefits provided through LEOFF I. 9 e e 11.9 Industrial Disability Leave for LEOFF II Employees: An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF II", and who incurs a work-related illness or injury shall be provided with such compensation as is made available through Workers' Compensation time-loss benefits. 11.10 Disability Leave Supplement for LEOFF II Emplovees: A disability leave supplement is the amount which, when added to the amount payable under Worker's Compensation time-loss benefits will result in an employee receiving the same pay he or she would have received for full time active service, taking into account that Workers' Compensation payments are not subject to federal or social security taxes. The disability leave supplement shall begin on the sixth day of absence from work caused by the injury or illness which entitles the employee to Workers' Compensation benefits and shall be paid as follows: A. One-half of the amount of the supplement shall be charged against the accrued sick leave of the employee up to the point where 48 hours of sick leave remain. If an employee has no accrued sick leave at the time of injury or illness which entitles him or her to Workers' Compensation benefits, or if accrued sick leave is exhausted to the point where only 48 hours remain during the period of disability, the employee shall receive only that portion of disability leave supplement prescribed by subsection (B) of this section. B. One-half of the amount of the supplement shall be paid by the City for a period not to exceed six (6) months from the date of injury or illness up to the point where only 48 hours of the employee's sick leave remains. In the event that only 48 hours of the employee's sick leave remains at some point during the period of disability, the City shall pay that amount of the supplement which is required to make up the difference between the minimum sick leave of 48 hours and the employee's full time active pay, (taking into account that Workers' Compensation benefits are not subject to federal or social security taxes) for a period not to exceed six (6) months from the date of injury or illness. C. In no event shall the combination of Worker's Compensation, employee sick leave or City supplement compensation exceed the amount of an employee's regular wage rate at any time during the disability period. D. If an employee's accrued sick leave is exhausted during the period of disability, the employee may, for a period of two months following return to active service, draw prospectively upon sick leave the employee is expected to accumulate up to a maximum of 24 hours. Any sick leave drawn prospectively shall be charged against earned sick leave until such time as the employee has accrued the amount needed to restore the amount used. In the event an employee terminates active service without having restored the sick leave drawn prospectively, the City shall 10 e e deduct the actual cost of any payments made under this subsection from compensation payable to the employee or otherwise recover the payments. 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, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-law, grandparents of both the employee and the employee's spouse. All time off for bereavement leave shall be charged against an employee's vacation/holiday, sick leave or compensatory time leave balance at the option of the employee. 12.2 Jury Duty, Witness Leave: An employee shall be granted leave of absence with pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness. Any juror or witness fees received by the employee for the performance of such duties shall be assign~d to the City. 12.3 Military Leave: A leave of absence with pay for a period not to exceed 15 working days will be granted to an employee for the purpose of attending training as a member of the organized military reserves of the United States or of the State of Washington. 12.4 Emerqency Leave: In the event of an unforeseen emergency which requires the absence of an employee such as the illness, injury or death of a member of an employee's immediate family, the employee shall notify his or her immediate supervisor as soon as possible of the required absence. Such emergency leave shall be charged to an employee's unused vacation/holiday or compensatory time leave balance. ARTICLE 13 - RETIREMENT BENEFITS Each employee shall be enrolled in the Washington State Retirement system for which he or she qualifies. Only for the purposes of federal income taxation, the gross income of each employee shall be reduced by the amount of employee contributions to the respective retirement system which is picked up by the City. 11 e 'e ARTICLE 14 - INSURANCE BENEFITS 14.1 Medical Insurance: The City shall make medical insurance coverage available to employees and their dependents and provide for payment of insurance premiums as follows: January 1 1989 - December 31 1989: Association of Washington Cities Washington Physician's Service- Plan A Employee premium paid in full by the City Dependent Premiums paid in full by the City January 1 1990 - December 31 1991: Kitsap Physician's Service Plan A Employee premium paid in full by the City Dependent Premiums paid in full by the City through 6/30/90 Effective 7/1/90, Employee pays $7.00/month for each dependent to a maximum of $21.00/month January 1 1989 - December 31 1991 Association of Washington Cities Group Health Cooperative of the Puget Sound Plan Employee premium paid in full by the City Dependent Premiums paid in full by the City Effective 7/1/90, Employee pays $7.00/month for each dependent to a maximum of $21.00/month 14.2 Dental Insurance: The City shall make the Washington Dental Service Plan A dental insurance coverage available to employees and their dependents and provide for full payment of insurance premiums. 14.3 Disability: Employees who are covered by the Washington State Retirement System commonly known as LEOFF II, shall enroll to receive Long Term Disability Insurance coverage through the provisions of policies held by the City with Standard Insurance Company. The City shall pay a maximum of $10 per month per eligible and enrolled employee toward premium costs. The remainder of all premium costs shall be borne by the enrolled employee and shall be paid to Standard Insurance Company through payroll deductions authorized by each enrolled employee. 14.4 Insurance Reserves, Rebates and Surpluses: The City shall require the KPS medical plan provider to provide a structured accounting to the City at least annually. Such accounting shall include plan utilizations, all reserve accounts maintained ~or 12 e e the plan, interest earned on reserves, administration costs and coinsurance (pooling) costs. This accounting shall be made available to the Association upon request. The City agrees that the bargaining unit's pro-rata share of any premium rebates, interest rebates, surplus reserve account rebates or any other monetary returns to the employer from the insurance providers together with subsequent interest earnings thereon shall be used exclusively to defray the costs of premium increases in the plan above the 1990 premium levels. ARTICLE 15 - CLOTHING AND UNIFORM CLEANING ALLOWANCE 15.1 Purchase of Uniforms: The employer shall establish a Clothing Allowance Fund for the Bremerton Police Department. Each police officer shall be furnished uniforms as designated by the Chief of Police. Such uniforms shall be replaced on an as needed basis from the Clothing Allowance Fund, as determined by the Police Department Administration Office. All uniforms purchased by the Employer are to be and remain the property of the Employer. 15.2 Clothinq Allowance: An annual allowance of four hundred twenty five ($425.00) per year will be provided to non uniformed, sworn personnel. Such allowance shall be paid during the month of January. In the event an employee is transferred to the Detective Division and is assigned as a Detective, he/she will receive a pro-rata clothing allowance payment. 15.3 Uniform Cleaninq Allowance: There shall be an annual uniform cleaning allowance of two hundred seventy five dollars ($275.00) . This applies to all personnel covered by this agreement. Such allowance shall be payable in the amount of one hundred thirty seven dollars and fifty cents ($137.50) during January and July. An employee will not be required to pay back to the Employer funds received for the purpose of clothing or cleaning allowance after the employee has received such payment. 15.4 Cleaninq Contract: In the event the Employer secures a cleaning contract with an independent cleaning company during the term of this Agreement, 15.3 will become null and void. 15.5 Motorcycle Boots: The City agrees to provide the sum of one hundred dollars ($100.00) to Motorcycle Officers for the purchase of motorcycle boots. After initial issue, replacement monies will be approved only after the Chief or the Chief's designee authorize such replacement based on wear/tear of motorcycle boots. 13 e e ARTICLE 16 - PERSONNEL PRACTICES 16.1 Definitions: For the purpose of interpreting the provisions of this agreement, the following definitions shall apply: A. Probationary Employee: An employee serving a twelve- month period commencing upon the initial date of hire as a permanent employee during which the employee may be discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. B. Promotional Probation: A twelve-month period commencing' upon the initial date of a permanent promotional appointment during which a promoted employee who is unable to perform the duties of the higher level position shall be returned to his or her previous classification at the time of appointment at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. C. LEOFF I Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I". D. LEOFF II Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF II". 16.2 Indemnification of Employees: The City shall provide legal defense and will pay all legitimate claims, settlements, judgements, and associated costs for employees and their marital communities named as parties or defendants in claims or lawsuits as a result of acts or omissions made in the good faith performance of the city's business. 16.3 Provisional Appointment: Any employee who is appointed to a position classification by the Chief of Police on a provisional basis shall be paid the established compensation for such position classification. 16.4 Department Policy Manual and Policy Changes: The Police Department Policy Manual will be distributed to all bargaining unit employees. The employee will acknowledge receipt of and will become knowledgeable with the Manual's or Policy's contents. All revisions to the Manual or Policy will be provided to employees for inclusion in the Manual. Further, the Department will inform the Association of policy revisions prior to enactment. 16.5 Police Officers Interview Guidelines: The Safety of our community and its citizens, plus the integrity and reputation of the Police Department depends to a great extent on the manner in which the members of the department perform their varied and difficult duties. To ensure that internal investigations are 14 e e conducted in a manner conducive to good.order and discipline, and also observe and protect the individual rights of each member of the department, the following rules are hereby established: A. The interview of any department member shall be conducted at a reasonable hour, preferably when the member is.on duty and/or during day light hours, unless the urgency of the investigation dictates otherwise. If such interview occurs during off-duty time of the member being interviewed, the member shall be compensated for his off-duty time in accordance with the Overtime provisions of this Agreement. B. The interview shall take place at a location designated by the investigation officer, preferably at the Police Department. C. A member of the Police Department shall be advised in writing in the event that person becomes a suspect in an administrative investigation. The member being interviewed shall be informed of the nature of the investigation, and name of all complaining parties before the interview commences. D. The member being 'interviewed shall be afforded an opportunity and the necessary facilities to contact an attorney prior to commencement of the interview. The member's attorney and/or representative of the Association may be present during the interview. Nothing herein shall in any way restrict the rights of the attorney and/or representative with the employee during the process of the interview. E. The interview shall be conducted in the most expedient manner consistent' with the scope and gravity of the subject matter of the interview. The member shall be permitted reasonable periods to attend to personal necessities. F. The member shall not be subjected to offensive language or intimidation during the process of the interview. No promises or rewards shall be made to the said employee as an inducement to answering questions. When the member is being interviewed in a non-criminal matter for violation of departmental rules, regulations or. orders, that member shall answer truthfully all questions concerning the investigation posed to him by the interviewing officer. When the member refuses to answer such questions, he will be informed that his refusal to answer can become the subject for disciplinary action. G. A member covered by this Agreement shall not be required to take a polygraph test as part of the interview process. H. Nothing contained in any of the above guidelines shall restrict and/or limit the authority of the Chief of Police in the performance of his duties and responsibilities as the Chief Administrator of the Bremerton Police Department. I. No tape recording will be made of the interview without prior advisement. There will be no off-the-record questions during a recorded interview. J. When the member being interviewed is in custody, or is likely to be placed in custody as a result of the interview, that person shall be informed of their Constitutional Rights prior to commencement of the interview. The member may request a 15 e e postponement of the initial interview to contact an attorney. The interview may not be postponed more than 24 hours with allowances being made for weekends and holidays. ARTICLE 17 - MANAGEMENT RIGHTS Any and all rights concerned with the management and operation of the Police Department are exclusively that of the City unless otherwise provided by the terms of this Agreement. The City has the right, among other actions, to adopt rules for the operation of the Department and conduct of the employees, to discipline, suspend or discharge employees for cause, to assign work and determine duties of employees, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity for operation of the Department and to perform all of the functions not otherwise expressly limited by this Agreement. Provided, nothing herein shall be construed as a waiver of collective bargaining rights conferred on the parties by RCW 41.56. ARTICLE 18 - PERFORMANCE OF DUTY/NO STRIKE The City and the Association recognize that the public interest requires the efficient and uninterrupted performance of all City services and pledge their best efforts to avoid or eliminate any conduct contrary to this objective. Nothing in this Agreement shall be construed to grant an employee the right to strike or to refuse to perform his or her duties to the best of his or her abilities. During the term of this Agreement, the Association and/or membership shall not cause, engage in or sanction any work stoppage, strike, walkout, sit-down, stray-in, slowdown, sick-in, curtailment of work, or any patrolling, demonstration or any other form of similar individual or group activity or interference with City operations at any location whatsoever. Employees who engage in any of the foregoing or similar activities shall be subject to immediate disciplinary action up to and including discharge. The City shall not institute any lockout of employees during the term of this Agreement. ARTICLE 19 - GRIEVANCE PROCEDURE 19.1 Definitions: A. Grievance: A grievance is an allegation of a violation of the terms and conditions of this agreement which is to be resolved through this Grievance Procedure. B. 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. 16 e e C. Unfair Labor Practice: An Unfair Labor Practice charge is an allegation of a violation of the Washington State statutes governing public employment labor relations which is to be resolved .through the Public Employment Relations Commission's rules and regulations and is not resolvable through this Grievance Procedure. 19.2 STEP 1: An employee who believes that the terms and conditions of this agreement have been violated shall first discuss the action giving rise to the belief with his or her immediate supervisor within fourteen (14) calendar days of the date the action took place or within fourteen (14) days of the date upon which the employee, by due diligence, could reasonably have been expected to know of such action. The employee's immediate supervisor shall provide the employee with a written response within fourteen (14) calendar days of the date upon which the grievance was discussed with the employee. 19.3 STEP 2: In the event that the immediate supervisor does not resolve the grievance to the satisfaction of the employee at Step 1 of this procedure, the employee shall reduce the grievance to writing and shall state: the section (or sections) of this agreement which is alleged to have been violated; an explanation of the grievance in detail, including dates, actions and such other information necessary to a full investigation of the facts and circumstances giving rise to the grievance; and the remedy sought. The employee shall have the right to be assisted by an authorized Association representativ~ in reducing his or her grievance to writing. The employee shall present the written grievance to the Unit Commander in charge of the employee's operation within fourteen (14) calendar days of the date the employee received a written response from his or her immediate supervisor. The Unit Commander may meet with the employee and the employee's Association Representative within fourteen (14) calendar days after receipt of the written grievance for the purpose of considering the matter. The Unit Commander shall reduce his or her decision to writing and shall transmit the decision to the employee with a copy to the Union representative within fourteen (14) calendar days of receiving the written grievance or of meeting with the employee and the Association Representative. 19.4 STEP 3: In the event that the Unit Commander does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the employee shall transmit a copy of the original grievance along with a copy of the Unit Commander's written response to the Police Chief within fourteen (14) calendar days of receipt of the Unit Commander's written response. The Police Chief shall convene a meeting with the Association representative in an attempt to resolve the grievance. The Police Chief shall reduce his or her decision to 17 e e writing within fourteen (14) calendar days of receipt of meeting with the Association representative and transmit the decision to the Association. 19.5 STEP 4: In the event that the Police Chief does not resolve the grievance at Step 3 of this procedure, the Association may request arbitration of the issue by written notification to the Director of Personnel within thirty (30) calendar days of receipt of the Police Chief's decision. In the event the Association does not request arbitration of the issue within the thirty (30) day period, the grievance shall be deemed withdrawn. Prior to the selection of an arbitrator and submission of the grievance for hearing by said arbitrator, the Director of Personnel shall informally review the grievance and determine whether said grievance may be adjusted to the satisfaction of the employee. The Director of Personnel shall have fourteen (14) calendar days in which to review and seek adjustment of the grievance. 19.6 Selection of Arbitrator: A neutral arbitrator shall be selected by mutual agreement or through a mutually agreeable process. In the event the parties cannot agree, either party may petition the Public Employment Relations Commission for a panel of arbitrators. 19.7 Powers and Duties of the Arbitrator: It shall be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing shall be kept informal and private. The arbitrator shall interpret the provisions of this agreement as they apply to the issue or issues submitted for decision and shall 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 shall render a written decision which shall be binding upon the parties. The arbitrator shall conduct the arbitration hearing in conformance with the Voluntary rules for Labor Arbitration of the American Arbitration Association. 19.8 Costs of Arbitration: The expenses of the neutral arbitrator shall be borne equally by the parties. Each party shall singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses. The party desiring a record of the proceedings shall bear the cost of obtaining such record. 19.9 Time Limits: Time limits established in this procedure shall be strictly adhered to but may be waived by mutual agreement of the Association and the City. All procedures contained herein shall be complied with as expeditiously as practicable. 18 e e ARTICLE 20 - SEVERABILITY In the event that any provision of this Agreement is held invalid by any tribunal of competent jurisdiction, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The Association and the City shall immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 21 - ENTIRE AGREEMENT The Association 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 Association 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 22 - CONFLICTING PROVISIONS In the event that any provision in conflict with any other Regulation or Rule of the City, shall prevail. of this Agreement is found to be Resolution, Ordinance, Policy, the provision of this agreement 19 e e ARTICLE 22 - TERM This Agreement shall become effective January 1, 1989 and shall remain in effect through December 31 1991 and may be extended thereafter by mutual agreement. It is further agreed that the City or the Association may request reopening of this Agreement any time within six (6) months of the expiration for the purpose of negotiating changes to be effective following the expiration of this Agreement with such notice to be in writing to the other party. This agreement is hereby submitted to the Bremerton City Council for approval. Upon the approval of the Council, this agreement shall become binding upon the City, the Association and all of the employees in the bargaining unit covered by this agreement. DATED THIS /s,c day of J4,r.P#~ t 198-7- BREMERTON PAT~'ASSOCIATION: ~ o~c.~ Pr ..~ ent / '--.) r: ------TT A/1 c./l # _-r'C:::~"}/ / ~ / ~//r/'... ._._......__.:.::::.::>c.... <... Police Chief : Vice- reside €~ CITY OF BREMERTON: ~v.-!k~tJ:1L Personnel Director . cf.-.4 . VTne Lobe, Mayor ---- ~ ---- /-- Member, Board of D1rectors ATTEST: ---\"" ~~ '0\: ~~ Kathleen McCluskey City Clerk FORM: Attorney 200. e e APPmDIX A WAGE RATES I.alGEVITY SCALE EFFECTIVE JANU1IRY 1 1989 :ENTRY THRU SECOND TIIIRD FOORTH FIFl'H : 6TH THRU 11TH THRU 16TH THRU 21ST YEAR POSITIOO' BASE :F1RST YR YEAR YEAR YEAR YEAR : 10TH YRS 15TH YRS 20TH YRS AND OVER . --- 9_- __ _____ . PATROL OFFICER: APPROX ANN 25,334 26,291 27,518 28,704 31,200 : 31,512 31,824 32,136 32,448 :APPROX MO 2,111 2,191 2,293 2,392 2,600 : 2,626 2,652 2,678 2,704 : APPROX BI-.l1O: 1,056 1,095 1,147 1,196 1,300 : 1,313 1,326 1,339 1,352 : ACTUAL HRLY : 12.18 12.64 13 . 23 13 . 80 15.00 : 15.15 15.30 15.45 15.60 : OVERTnIE 18.27 18.96 19.85 20.70 22.50 : 22.73 22.95 23.18 23.40 EFFECTIVE JULY 1 1989 PATROL OFFICER: APPROX ANN 26,601 27,606 28,894 30,139 32,760 : 33,088 33,415 33,743 34,070 : APPROX ID 2,217 2, 300 2,408 2,512 2,730 : 2,757 2,785 2,812 2,839 : APPROX BI -00: 1,108 1,150 1,204 1,256 1,365 : 1,379 1,392 1,406 1,420 : ACTUAL HRLY : 12.79 13.27 13.89 14.49 15.75 : 15.91 16.07 16.22 16.38 : OVERTlME 19.18 19.91 20.84 21. 74 23.63 : 23.86 24.10 24.33 24.57 EFFECTIVE JULY 11990 PATROL OFFICER: APPROX ANN 27,931 28,986 36:339 31,646 34,398 : 34,742 35,086 35,430 35,774 : APPROX MO 2,328 2,416 2,528 2,637 2,867 : 2,895 2,924 2,952 2,981 : APPROX BI -MO: 1,164 1,208 1,264 1,319 1,433 : 1,448 1,462 1,476 1,491 : ACTUAL HRLY : 13.43 13 . 94 14.59 15.21 16.54 : 16.70 16.87 17.03 17.20 : OVERTlME 20.14 20.90 21. 88 22.82 24.81 : 25.05 25.30 25.55 25.80 EFFECTIVE JANUARY 1 1991 PATROL OFFICER: APPROX ANN 28,769 29,856 31,249 32,596 35,430 : 35,784 36,139 36,493 36,847 : APPROX ID 2,397 2,488 2,604 2,716 2,952 : 2,982 3,012 3,041 3,071 : APPROX BI-MO: 1,199 1,244 1,302 1,358 1,476 : 1,491 1,506 1,521 1,535 : ACTUAL HRLY : 13.83 14.35 15.02 15.67 17.03 : 17.20 17.37 17.54 17.71 : OVERTnIE 20.75 21.53 22.54 23.51 25.55 : 25.81 26.06 26.32 26.57 EFFECTIVE OCTOBER 1 1991 PATROL OFFICER: APPROX ANN 30,208 31,348 32,812 34,225 37,201 : 37,573 37,945 38,317 38,689 : APPROX m 2,517 2,612 2,734 2,852 3,100 : 3,131 3,162 3,193 3,224 : APPROX BI-OO: 1,259 1,306 1,367 1,426 1,550 : 1,566 1,581 1,597 1,612 : ACTUAL HRLY : 14.52 15.07 15.77 16.45 17.89 : 18.06 18.24 18.42 18.60 : OVERTnIE 21. 78 22.61 23.66 24.68 26.83 : 27.10 27.36 27.63 27.90 BJECT: WMERTON Labor Agreement bet~n the City of Bremerton and the Bremerton patrolmans' Association CITY COUNCIL FOR AIDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: Dec 13 1989 Personnel M C. Marsha r Dec 07 1989 g.....a..a_....._...~..._.._.._.__.._....._aK._..._..-_.__.._._.a_.._..~-------------------;. ~CES: (Comment on back if necessary) 3. EXHIBITS: Police Chief City Treasur 1 Director, Adm'ni~ City Attorn~ "'~."J vice~4'~~1 {OR COUNCIL PRESIDENT .=.;a_~_ )ORSEMENT APPROVED BY COUNCIL .._~...a.._._.a..a__.a...-.._._.._.~...._..-. .lMAR Y NT AND REQUIREMENT FOR COUNCIL ACTION: The attached Labor ~greement has been negotiated in conformance ith direction of the City Council. The Agreement provides for a three-year term beginning January 1 1989 and ending December 31 1991. Wage adjust- ments of 5% July 1 1989; 5% July 1 1990; 3% January 1 1991 and 5% October 1 1991 are included along with changes to medical insurance plans which provide for employee participation in payment of dependent care coverages beginning July 1 1990. The agreement represents a complete rewriting of the former agreement and now provides a comprehensive statement of the wages, hours and other terms and conditions of employment which apply to the City's Patrol Of-ficers. Several grievances and matters .under appeal have been resolved as the result of reaching agreement and these will be withdrawn by the City and the Association through appropriate administrative channels. :OMMENDATION: It is recommended that the City Council approve the Labor Agreement between the City of Bremerton and the Bremerton Patrolman's 'Association; and that Council direct staff to prepare the appropriate documents to transfer such funds as are required to the Police Department budge to implement the terms of the 9. RESPONSIBLE OFFICIAL: c. Marsh Agreemen t. ENFORCEMENT OFFICIAL: C. Mar sha EXPIRATION DATE: Dec 31 1991 REVIEW DATE: Jul 01 1991 _aa~~aa~..~..~~~a~~.3~8_aa~3u~R~~~.~__~_~~~~~a__=~3=a~.a.a..a~_...._.~....8a~Q_~~.;_~a_.aQ__ ~. NOTICE OF ACTION LLED 0 TAIlLED ~D ~SAPPROVED OAMENDED 0 DATE: DEe 13 19I19 UNCIL DIRECTIVE: ~ ~ <;\~ ~~6' ~ ~ ~(~\.c~~~~ S ~ L.\ 't (:;,'.1... ~ ""- - ~~ s.~ c.D~_~) . ~ ~~ ~~ 0'f~j ENDA PREPARATION & USE INSTRUCTIONS fer to Policy & Procedure Manual n~ral Administration #2-4 11. AGENDA BILL NO.: .8 B ~9 ... j4~ (OVER)