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HomeMy WebLinkAboutPOLICE OFFICERS GUILD, 1984-1988 'J " AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND BREMERTON PATROLMAN'S ASSOCIATION THIS AMENDMENT is made and entered into pursuant to the provisions of RCW Chapter 41.56, as an amendment to the agreement executed September 3, 1986, hereinafter "Agr eement," by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter "City," and the Bremerton Patrolman's Association, hereinafter "Association." WIT N E SSE T H: 1. The expiration date of Section 1 of the Agreement shall be extended from June 30, 1987, to December 31, 1988. 2. Wage rates shall be adjusted to those shown on Appendix "A" as of December 16, 1988. 3. Each employee who was employed by the City in a classification included in the bargaining unit represented by the Association on December 16, 1988, shall be paid $700.00 in cash in lieu of retroactivity with such payment to be made in a separate check on January 7, 1989. 4. The City shall withdraw unfair labor practice complaint #7496-U-88-01567 and the City and the Association shall cancel interest arbitration case #7362-1-88-173 by official notification to the Public Employment Relations Commission no later than December 31, 1988. 5. The remaining provisions of the Agreement shall remain in full force and effect, except - Section 3g. of the Agreement. - Section 3i. of the Agreement. - Article XXVIII, LABOR MANAGEMENT COMMITTEE 1 .. APPENDIX A EFFECTI VE DECEMBER 16 1988 WAGE RATES LONGEV ITY SCALE :ENTRY THRU SECOND THIRD FOURTH FIFTH 6TH THRU 11TH THRU 16TH THRU 21ST YEAR POSITION BASE :FIRST YR YEAR YEAR YEAR YEAR 10TH YRS 15TH YRS 20TH YRS AND OVER ......------------- ------- ~--------- -------- -------- ---.....---- -------- -----_._-- -------- -------- ----"'.,---- PATROL OFFICER ANNUAL 25334.40 26295.36 27518.40 28697.76 31209.36 31521.45 31833.55 32145.64 32457.73 MONTHLY 2111.20 2191.28 2293.20 2391. 48 2600.78 2626.79 2652.80 2678.80 2704.81 BI-MO 1055.60 1095.64 1146.60 1195.74 1300.39 1313.39 1326.40 1339.40 1352.41 HOURLY 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 22.51 22.73 22.96 23.18 23.41 SERGEANT ANNUAL 34812.96 34812.96 34812.96 34812.96 34812.96 35161.09 35509.22 35857.35 36205.48 MONTHLY 2901.08 2901. 08 2901.08 2901.08 2901. 08 2930.09 2959.10 2988.11 3017.12 BI-MO 1450.54 1450.54 1450.54 1450.54 1450.54 1465.05 1479.55 1494.06 1508.56 HOURLY 16.74 16.74 16.74 16.74 16.74 16.90 17.07 17.24- 17.41 OVERTIME: 25.11 25.11 25.11 25.11 25.11 25.36 25.61 25.86 26.11 Wage rates include a 5% adjustment effective December 16, 1988 ~1 . and Article XXIX LABOR MANAGEMENT MEDICAL COST CONTAINMENT of the 1985 collective bargaining agreement incorporated by Section 2 of the Agreement. DATED this /I~day of 0pe>~ 1#.0, 1988. TROLMAN'S ASS'N. t ~f) ~, City Attorney CITY OF BREMERTON B~~~Z GE LOBE, Mayor ATT~ST: ~~W--~, KATHLEEN McCLUSKEY, Clerk CAROLINE MARSHALL, Personnel Director 2 BREMERTON CITY COUNCIL " .;}UBJECT ~ AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF BREMERTON AND THE BREMERTON PATROLMAN'S ASSOCIATION FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR~ DATE SUBMITTED: 12-28-88 ~ Personnel C:., C. Marshall 12-22-88 .~_aa.......................................__....._.-.....--..........--........--.........--.. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: Chief McNeal Amendment to the Agreement ENDORSEMENT o APPROVED BY COUNCIL PRE IDENT FOR SUBMITTAL: ~1AYOR COUNCIL PRESIDENT ..__........a.___.....a..__..........___........___..._...._.__a_a_.._.a.a_~.3_~_~- su AT~lliNT AND RE UIREMENT FOR COUNCIL ACTION: This Amendment extends the Agreement between the City and the Bremerton Patrolman's Association from June 30, 1987 through December 31, 1988 and provides for the following changes to the content of that Agreement: * A, 5% increase to wage rates effective December 16, 1988. * A cash payment of $700.00 in lieu of retroactivity to be paid to all current employees on January 7, 1989. * Removal of four (4) provisions which are outdated and/or established committees no longer desired by the City or the Association. In addition, the City will withdraw an Unfair Labor Practice complaint filed in July, 1988 and the City and the Association will cancel interest arbitration of fifteen (15) outstanding issues which were certified for arbitration by the Washington State Public Employment Relations Commission (PERC) in April, 1988. _. -- lECOMMENDATION: It is recommended that the City Council approve the Amendment to the Agreement between the City of Bremerton and the Bremerton Patrolman's Association. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: C. Marshall C. Marshall 12-31-88 1-01-89 ;-_aa~aaa~..a..a.5~a3.aua..a_~Aa.aA~.~___a~aaa_~aa__~;a~.a.a...a_....a....a.a~ag~a_.__5a_&~.__ 10. NOTICE OF ACTION ULLED L::7 T~\E~ APPROVED ~DISAPPROVED DAMENDED L::7 DATE: OUNCIL DIRECT~:~ ~ ~ "'^-- \ \ -e:._~\..~ LL. \A. ~ ......~JLCi 2-) \~~ L,-- ~G\~~ u-", "" ~ Ji;:.U I " ~~~~~} ~j C.~ ~~ GENDA PREPARATION & USE INSTRUCTIONS ~fer to Policy & Procedure Manual ~neral Administration U2-4 11. AGENDA BILL NO.: f?9- :JoS (OVER) , ~ [MPACT OF NON-PASSAGE: lMPACT ON STAFFING. BUDGETS. FACILITiES. EQUIPMENT OR OTHER RESOURCES: 1988 Budget year costs are $31,500 and are covered in the 1988 Police Budqet. 1989 Budget year costs are $75,500. Budget adjustments will be necessary to provide for covering settlement costs and will be accomplished during the first Quarter's Fiscal and Budget review process. There are adequate funds in the 198~ Budget, however, an adjustment is necessary to properly classify them. Approximately ~30,OOO will be financed through delayed hiring of vacant patrol officer positions and other Police Department Budget adjustments. ~LSL~CH SOURCES: </ ;;''''' ," .;) ~ "r Ci(y~of BrClllcrtoll 239 FOURTH STREET BREMERTON, WASHINGTON 98310 (206) 478 - 5252 MA YOR GENE LOBE December 3, 1986 TO: Rich Hanna/City Treasurer __\ / Dave Hiestand/Director of personne~~l( FROM: SUBJ: Police Officers' 1987 Pay Tables The current Labor Agreement with the Bremerton Police Officers' Association dictates that we recognize a 2.5% basic pay increase on January 1, 1987 and an additional 2.5% on June 1, 1987. In order for you to place these tables of payment into the computer, I have attached the pay tables for your use. Please insure the pay contract. If there are this office immediately. changes occur as stipulated questions or concerns, please by the contact DEH/lj Attachment Gateway to the O(vmpics and HOlllc qf thc PU!',eI Sound Naval Shipyard )- .- CURRENT PAY Patrol Officer I Patrol Officer II Patrol Officer III Patrol Officer IV Patrol Officer V Sergeant 1-1-87 0% 1% 2% 3% 4% .~~:;9. ~J~~~;~; . ~~I!~:.:',.j. 0% 1% 2% 3% 4% ....... ......R . " ~~'~-~.'..gg, &~~i.,!J5 . ~ 1 'l~"~" '.,.~~' : ""'~1.. "5' "86 ~_.~ . _~~'.02 ~~'6;;~17 1987 PAY TABLES $11. 04 11.46 11. 99 12.51 13.60 15.17 .28 .29 .30 .31 .34 .38 1-1-87 PAY ;"'~"'''.''"'"''.'' . .~~~:~;2 ~ 'r~""- ., " ;<i,{'ii?;5 ~~'''~2''9 TQt~~~~'i.~!'_ ~_ 2 4 .'E!,fJ'~. LONGEVITY PAY TABLES PATROL V 6-1-87 $14.29 14.43 14.58 14.72 14.86 SERGEANT $15.94 16.10 16.26 16.42 16.58 .28 .29 .31 .32 .35 .39 6-1-87 PAY / $11.60/ 12.04 12 . 60 < 13.14 /, 14.29 / 15.94 , .~ ,..' ~l- $ - AGREEMENT BY AND BETWEEN BREMERTON POLICE OFFICERS' ASSOCIATION AND CITY OF BREMERTON This Agreement is by and between the City of Bremerton (hereinafter referred to as "City") and the Bremerton Police Officers' Association (hereinafter referred to as "Association"). It is the purpose of this Agreement to set forth the entire agreement of the parties with regard to wages, hours and working conditions arrived at through collective bargaining. The following are the conditions of agreement: 1. The parties shall enter into a new collective bargaining agreement, scheduled to commence on the date it is signed by both parties, with an expiration date of June 30, 1987. 2. Except as noted below, the terms and conditions of the collective bargaining agreement shall be the same as those in effect in the previous agreement between the City and Teamsters' Union Local No. 589 governing the members of the Association's bargaining unit and expiring on December 31, 1985. 3. The provisions of the pre-existing Teamsters' contract which shall be altered by this Agreement are as.follows: a. Wherever appropriate, references in the collective bargaining agreement to the Teamsters' Union shall be replaced by references to the Association. b. There shall be during calendar year 1986. the bargaining unit shall January 1, 1987, and by an. 1987. no wage increase effective The wages for members of be increased by 2.5% on additional 2.5% on June 1, c. The parties agree to the following language agreement, which shall govern the utilization of Bulletin Boards: ~ .. "The City shall permit the reasonable and lawful use of bulletin boards by the Association for the posting of notices relating to off,icial Association business." d. The parties agree that the following provision will be added, which shall govern a new LEOFF II supplemental disability insurance plan: "The City shall pay up to $10 per LEOFFII police officer per month for the purchase of LEOFF II supplemental disabili ty insurance, to be implemented as soon as such insurance can be secured and be placed into effect, but no later than 1986." e. The holiday prov~s~on of the previous collective bargaining agreement, Article IX, shall be amended ~o delete references to Lincoln's Birthday, and to replace such reference with references . to Martin Luther King's Birthday in January. f. The vacation sections of the previous collective bargaining agreement,. Article VIII, shall be amended to provide that in the event of the death of an employee, the City shall pay to the employee's estate. the then-current cash value of. the employee's accrued but unused vacation leave. g. The parties recognize that the Association voluntarily agreed to a wa.gefreeze in fiscal year 1986 in response. to the C.ity's description of its financial constraints, and that the:~ssociation's good faith in this regard is an appropriate factor to take. into consideration in future negotiations. h. To the extent permitted by RCW 41.04.440, the Employer will treat its retirement contributions so as to. exclude the same from gross wages for Federal income tax purpose to be effective on or before . September 1, 1986. i. The parties. agree that during the term of this Agreement, there shall be a joint management~labor study committee created. . The committee shall consist of two (2) members appointed by the Association and two (2) members appointed by the City. The committee's purpose shall be to investigate and make recommendations regarding the following: 1) The meri ts of negotiating a different incentive/premium pay system in the collective bargaining agreement; 2) The potential components of law ~nforcement incentive plans such as: . a) Community service; b) Tuition reimbursement; c) Physical fitness; d) Off duty training and development; e) Departmental effectiveness evaluation; f) Police officer performance evaluation; g) Educational attainments; h) Longevity. The committee shall submit its report the City and the Association no later than March 1, 1987. . j. The grievance arbitration provisions in the previous collective bargaining agreement shall be amended to provide for a joint petition from the parties for a list of potential arbitrators from the Public Employment Relations Commission (PERC) of the State of Washington. k. The parties agree that the following proviso shall be added to Article XXI - Management .Rights clause to reflect the parties' understanding regarding the Employer's right," to contract for goods and services for op~ration of the Department." Insert as second paragraph of Section 1. Notwithstanding the Employer's foregoing right to contract for goods and services for operation of the Department, the parties agree that the matter shall be handled' as follows. If the City intends to contract out such goods and/or services, the City shall provide' thirty days. wri tten notice to the" Association of such intent. Upon wri tten request by the ~ Association, the parties shall then meet to discuss the City's plans. Thirty days subsequent to the giving of written notice to the Association,' the City shall be entitled to implement its decision, provided, if the Association is dissatisfied with the City's decision to implement subcontracting, the, Association may then ,exercise such rights as exist (if any) under State law to bargc;lin over the effects of the City's subcontracting decision. Nothing herein shall affect the City's right to utilize reserve officers in the manner and to the extent they have historically been used. However, this will not be construed as a waiver of Association rights (if any) under RCW 41.56 to bargain with the City in the event the City expands the utilization of ,reserve officers during the term of this Agreement. l~;;;~::~ R~Ti:~~~ BY THE, CITY COUNCIL THIS t3 /?.t) day of CITY OF BREMERTON POLICE OFFICERS' ASSOCIAT~ON ~;$.. ~ne Lobe, Mayor , \ fhd.' /Jd( " - ATTEST: 'J\,~ ~ '~~'Ul-- Kathleen L. McCluskey City Clerk )..;:' _'0. .~ AGENDA BILL BREMERTON CITY COUNCIL ... 1. SUBJECT: UNION CONTRACT - BREMERTON POLICE OFFICERS' ASSOCIATION FOR AGENDA OF: Seotember 3, 198., ORIGINATING DEPT: Personnel ~~ ORIGINATOR: D. E. Hiestand DATE SUBMITTED: Augus t 27, 1986 ;=.__........__..._.._._________a__=_m_a=a~==~a_~_~__=_aa_____________________.______________&=_ 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: 1987 Labor Agreement Addendum 1984-85 Labor Contract Budget Analyst Police Chief MAYOR , COUNCIL PRESIDENT ENDORSEMENT INFORMATION L::l APPROVED BY COUNCIL P .~....._.....~ ...._...........__a._;&.__~~_=.a3&__a___....__..... 4. S ATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In January of 1986, the pol.ice Officers of the City conducted a reoresentation election that ended their Teamsters' affiliation and establish8'i the Brenerton Police Officers' Association. They chose to be represented bv lir. Will Aitchison, a Portland Labor Attorney. After seven (7) months of negotiations we now have a document for ratification establishing a contract from January 1, 1986 through June 30, 1987. There will be no pay raises in 1986. In January of 1987, the officers receive a 2.5% Day raise and again on Jl.i.ne 1, 1987, another 2.5%. The Association has accepted Martin Luther King's Holiday in January and other minor issues to include LEOFF II Long Term Disability coverage with the City contributing $10.00 toward premium coverage oer ~onth. s .3. RECOMMENDATION: That City Council approve the attached document that accom~anies and amends the pre-existing Teamsters' Labor Contract. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: ;__...._.......a___.a_.._3_..a=_~~a~==_=========~===~=====~........_......_g...c_._a......._a=__ LO. . NOTICE OF ACTION m~~Ch PULLED ~ TABLED L::l AP~ DISAPPROVED ~AMENDED L::l DATE: COUNCIL DIRECTIVE: IA~ -;;il#A d ~6~.;5 J;l/ / -:./ tf~/. !Jt3 r I i~ - /?~ ,4/.3 ~ ~. - ti.n-.a<U/ /...d..- 4/3 /- / I! e. - A-&-;..~ ~ . ,SEf - 3 1986 ~ AGENDA PREPARATION & USE INSTRUCTIONS Refer to Policy & Procedure Manual General Administration #2-4 11. AGENDA BILL NO.: fJ~- 55~ (OVER) \ ..'\.. v.L"~\JL,, \.IV.-J,J:J.,L.!'..l...J. - ., IMPACT OF NON-PASSAGE: Display of bad faith bargaining and possible unfair labor practice. ~HPACT ON STAFFING. BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURCES: This impacts the 1986 Budget to cover 27 LEOFF II officers from ap~roximately S8ptember to December at the rate of $270.00 per month (total $1080.00) for Long Term Disability Insurance. The annual 1987 impact is 3.75% Day increase for 47 police officers. This equates to a 1987 Police Budget imoact of approximately $50.040.12 for the period January to June 30, 1987. RESEARCH SOURCES: Jr<" ~ _.f-.) . - ~,' .H ! If' i.J(jJ ("1h';'('~ . ;1,. '\"\J['4""'r),,,, >> ,.. ., ;f ... ~ A G R E E MEN T I I By and Between: i i r 1 CITY OF BREMERTON, WASHINGTON I and I I GENERAL TEAMSTERS LOCAL U~tON NO. 589 i POLICE OEPARTMEN] I I! *, * * * * * * * * * ,* * I I i I ! , Oec~mber January 1 , 1984 through 31 , 985 1 , I i I i i i I , I , . ARTI CL E I ! U , III IV V VI VII VIII IX X I XI i XII XIII XIV XV XVI XV 'II XVIII XIX XX XXI XXII XXIII XXIV XXV XXVI XXV I I XXVIII XXIX XXX XXXI TABLE OF CONTENTS PREAMBLE RECOGN IT ION NONDISCRIMINATION APPLICATION OF CIVIL SERVICE LAW UNION MEMBERSHIP AND DUES DEDUCTION i ' 'WAGE RATES AND LONGEVITY ,HOURS OF WORK AND OVERTIME I . ANNUAL VACATIONS HOLIDAYS , EMPLOYEE MEDICAL COVERAGE AND DEPENDENT MEDICAL GROUP INSURANCE i GROUP DENTAL INSURANCE RENS IONS TERMINAL AND SICK LEAVE FALSE ARREST INSURANCE CLOTHING AND UNIFORM CLEANING ALLOWANCE . i NOTIFICATION OF"CHANGES I [ VACANCIES AND PROMOTIONS i GRIEVANCE PROCEDURE PERFORMANCE OF DUTY/NO SiRIKE POLICE OFFICERS INTERVIEW GUIDELINES MANAGEMENT RIGHTS SAVING CLAUSE ENTIRE AGREEMENT PARKING OF AUTOMOBILES COMPENSATION FOR TRAINING SHIFT CHANGES UNION REPRESENTATION LABOR MANAGEMENT COMMITTEE LABOR MANAGEMENT MEDICAL COST CONTAINMENT DEPARTMENT POLICY MANUAL AND POLICY CHANGES, TERM OF AGREEMENT PAGE - , 1 1 1 2 2 3, 4 5 5 6 6, 6 7 7 7 8 8 8 9 10 11 12 12 12 12 12 13 13 13 13 14 '. AGREEMENT By and Between CITY OF BREMERTON, WASHINGTON and GENERAL TEAMSTERS LOCAL UNION NO. 589 * * * * * * * * January 1 ~ 11984 tnrough December 31, 1985 ARTICtE-I-~'PREAMBLE I This Agreement is between the City of Bremerton, Washington (hereinafter referred to as the '1Employer") and General Teamsters' Local Union No. 589 (hereinafter referred to as the NUnionN) for the purpose of setting forth the mutual i unders tandi ng of the~ parti es as to wages, hours, and other conditions of employ~ent of those employees for whom the Employer has recognized the Union ,as tne exclusive bargaining representative. I ' i ARTIClE'rI'~'RECOGNrTION Section 1. The Employer recognizes the Union as the exclusi~e repre- sent4tive for ~ll regular full-time employees as follows: I Included: Patrol Officer, Motor Patrol Officer, Crime Scenes Officer, Detective and Sergeant. Excluded: Assistant Chief of Police, Chief of Police, Captain, Lieutenant and all other City of Bremerton employees. ARTICLE III - NONDISCRIMINATION Secti'on 1. There shall be no discrimination by the Employer nor the Union 'against any employee engaging in legitimate Union activity. Conversely, the U~ion shall not discriminate against any employee desiring not to engage in Uni on activ ity. Section 2. Neither the Employer nor the Union shall unlawfully discriminate in matters of hirfng, training, promotion, transfer, layoff, discipline, dismissal or otherwise because of age, sex, marital status, race, creed, color, national or'igin, or the presence of any sensory, mental or physical handicap. PAGE 1 ,', ,/. ARTICLE IV - APPLICATION OF CIVIL SERVICE LAW 'Y Section 1. It is specifically understood and agreed that nothing contained in this Agreement is intended to supercede any matter delegated to the Bremerton Civil Se~vi ce Commi.ssion by state 1 aw or by ord;nance, resol ution or laws of or pertaining to the City of Bremerton and such Commission shall continue to have primary authority over the subjects within the scope of its jurisdiction and authority. . Section 2. However, it is agreed upon between the parties that any written disciplinary action taken againstl an employee may be processed pursuant to Article XVIII,Section 1, 'Steps 1 and 2. In the event the matter remains unr~eso 1 ved up.onthe comp 1 eti on of Step 2, ~he emp 1 oyee may fil e a: wri tten appeal to the Civil Service Commission. The Commission will convene a meeting to hear the matter and will issue its decision within ten (10) working days of the completion of the hearing. It is expressely under- stood and agreed upon between the parties that the decision of the Commission shall,be final and binding on the Union and the Employer. Ij ARTICLE V - UNION MEMBERSHIP AND iDUES DEDUCTION c Section 1. Ef,fective with the signing of this Agreement, an employees! who are members of the Union and all emPloyees,who subsequently join the Union, shall maintain their membership in good st~nding during the term of thi s Agreement. . I I Section 2. All eligible new employees shall ,determine within thirty 130) days whether they wish to~'(1) join the Union, or (2) decline to join the Union but pay to the Union each month a service fee equivalent to regular Union initiation fees and dues as a consideration towards the administration of this Agreement. Section 3. Present employees who are not members of the Union on the signing of this Agreement shall not be required to join the Union. Section 4. In accordance with RCW 41.56.122, objections to joining the Union which are based on bona fide religious tenets or teachings 'of a church or religious body of which such employee is a member will be observed. Any such employee shall pay an amount of money equivalent to regular Union dues to a nonreligious charity or to another charitable organi zati on mutually agreed upon by the emp 1 oyee affected and the Uni on '. (:~ ...., Section 5. Employees who are required hereunder to maintain membership in good standing and fail to do so, and employees who are required hereunder to pay a service fee and fail to do so, shall be terminated upon notice of such fact in writing from the Union to the Employer within thirty (30) days from the date the Employer receives such notice, unless the employee has remedied the delinquency within said thirty (30) day peri ode Section 6. The Employer agrees to deduct from the paycheck of those emp'j oyees who have author; zed such deducti ons in wri ti ng on a fOnTI to be filed with the Employer the regular initiation fee and regular monthly dues requi~ed by the Union. The Employer shall remit such deductions to the Treasurer of the Union. nil"'''' '" Section 7. The Union agrees to indemnify and hold harmless the Employer from any and all liability resulting from such deductions. ARTICLE VI - WAGE RATES AND LONGEVITY Section 1. The following hourly rates of pay shall be in effect during. the term of this Agreement: Position Classification Hourly Rate of Pay . -1984 1985 10.50 11 .04 10.92 11.46 11.45 11 .99 11 .97 12.51 13.06 13.60 14.39 15.17 Patrol Officer. I I Patrol Officer II Patrol Officer III Patrol Officer IV . P~trol Officer V Sergeant Section 2. Advancement from Patrol Officer I through Patrol Officer V will occur in annual steps effective on the day immediately following : the employeets anniversary date of fits or her last Iwage classification 'placement. In the event an employee is on approved leave of absence without pay, the employee's anniversary date will be extended by the actual number of days the employee served in a leave of absence status. Section 3. Whenever an employee ~is given an assignment by the Chief, or his designee, to Motor Patrol, Crime Scenes or Detective, the employee will continue to receive his/her regular hourly rate of pay as: specified in Section 1 of Article VI. Section 4. The normal placement of an employee at the time of hire will be at Patrol Officer I except that the Employer reserves the right to place an employee at a higher step (II, III, IV or V) when the employee I has had prior full-time police officer experience. Section 5. 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 . f 0 11 ows : Length 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% Commenci-ng 16 through 20 years conti nuous employment 3% Commencing 21 years and over continuous employment 4% PAGE .3 ARTICLE VII - HOURS OF WORK AND OVERTIME Section 1. Employees covered by thts Agreement shall work such. shifts as may be assi gned from time to time, Iiy the Chlef or I:Lis des.tgne.e. and shall be subject to call in any emergency whlle off duty. The Department will notify an employee of a cnange in his/her scheduled shift, due to an emergency, 'as soon as practicable. Section 2. Overtime as used in this Agreement shall mean that time an employee works in excess of eight (8) hours per day, or if the employee is working a four (4) day work schedule then t.en (10) hours per day, or forty (40) hours in a worR week. Overtime will include such time when assigned employees to tne DIVE, SWAT or F.T.O. teams are required to perform duties outsid~ of the regular wor~ day or work week. Overtime will exclude time spent in s6ift rotation chang~over coordination time, training and staff meetings. . i (a) All overtime must be authorized in advance by the Chief of Police or his designee excepi; in cases of emergency. I (5) Overtime shall be compensated at the rate of one and one-half (l~) times the regular rate of payor equivalent compensatory time off at the discretion of tne Chief of Police or his designee in accordance with b~dget allowances and restrictions. (c) Accrued compensatory time rr,\ust 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 his designee. If not used, it will b~ patd at the overtime rate. Section 3. Call Back and/or tourt Time Crime Scene Response - Employees called back to service in response to crime scene requirements, general service, Court or other subpoenaed appearances on behalf of the employer while off duty or from standby (in the case of crime scene Officers) shall be compensated a minimum of two (2) hours at the overtime rate or compensatory time off at the employees ,option,1 provided that there shall be no compensation for call backs occasioned by the employee's own neglect and where in the situation requir~s the employees presence as determined by the Chief of Police or his designee. Section 4. An employee1who is: scheduled to return to duty without having been afforded at least ten (10) hours of off duty time resulting from required mandatory overtime work or required Court appearance, may elect to use either accrued compensatory time, sick leave or'vacation leave to assure him/herself at least ten (10) .hours of rest before returning to duty when on shift schedule dictates unless another Court appearance mandates otherwise. PAGE 4 ARTICLE VIII - ANNUAL VACATIONS Section 1. As provided by Ordinance 1813 as amended, annual vacations with pay shall be earned by eligible employees at the following rates: Year of Continuous Employment No. of Vacation Days Accrued Per Year lst- 5th year 13 working days 6th year 15 worki ng days 7th year 16 worki ng days 8th year 17 worki ng days 9th,year 18 working days lOth year 19 working days 11th year, 20 working days 12th year 21 working days 13th year ' 22 worki ng days I 14th year 23 working qays 15th year 24 worki ng days 16th year 25 working days 17th year and after 26 working:days Siection 2. Accrual shall start fromldate of emdloyment, but vacation leave shall not be av~ilable until after six (6} months of continuous I servi ceo I I I Section 3. Annual vacation 'leave may be requested by the employee subject to the approval of the Chief of Police or his designee, provided said leave may be disapproved and rescheduled by the Chief of Police to such a time I that will least imterfere with tHe operations and functions of the Police Department. I 'i. , I , ' ~ ! Section 4. Upon prior approval f1rom an employee's Department Head, the Employer will grant up to three (3) work days of bereavement leave for the purpose of arranging for and/or attending the funeral of a member of the employee's immediate family. Immediate family includes: spouse, father, mother, child, sister, brother, grandparents, brother-in~law, sister-in- law, father and mother-in-law. All time off for bereavement leave will be charged against the employee's compensatory time, sick leave, or vacation leave account. The employee may designate which account ,bereavement' leave will be charged against. ' I ARTICLE IX - HOLIDAYS Section 1. Employees covered by this Agreement shall receive an additional eleven (11) days vacation leave per year in lieu of holidays. The accrual and payment of such additional compensation shall b~ in . accordance with the Employer's established practice in this regard. Section 2. In the event an employee covered by this Agreement is . requi red to work duri ng the term of thi s 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 (l~) times the employee's hourly rate of pay. . PAGE 5 Section 3. Holidays shall be as follows: Holidays New Yearl s Day Lincoln's Birthday Washington's Birthday Memori a 1 Day Independence Day Labor Day Veteran I s Day Thanksgiving Day The day after Thanksgiving Christmas One Floating Holiday Date Observed 1984 1985 January 1 February 12 Third Monday in February Last Monday in May July 4 First Monday in September November 11 Fourth Thursday in November iFourth Friday in November I December 25 Employee1s choice with approval of the Chief of the Police Department or his d~signee 1 , ARTICLE X - EMPLOYEE MEDICAL COVERAGE AND DEPENDENT MEDICAL GROUP INSURANCE Jan. 2 Jan. 1 Feb. 13 Feb. 12 Feb. 20 Feb. 18 May 28 M~1Y 27 July 4 July 4 Sept. 3 Sept. 2 Nov. 12 Nov. 11 Nov~ 22 Nov. 28 Nov. 23 Nov. 29 Dec. 25 Dec. 25 i ! I Sectio~ 1. Medical coverage for employee shall be piovided in accordance with the laws of the State of Wa~hington. Section 2. The employer shall pay the full cost of the monthly premium to provi de group medi ca 1, insurance i coverage through the Associ ati on of Washington Cities Group Medical Plan for aependents of full-time, active, eligible employees. During the ~erm of this Agreement the Employer agrees to continue its participation in the AWC Preferred Group Medical Plan. I I -, I , ARTICLE XI - GROUP DENTAL INSURNACE The Employer shall pay the I full cost of the monthly premi urn group dental insurance coverage through the Association of Cities Group Dental Plan for full-time, active, eligible Secti on l. . to provi de i i Was h i nigton employees. Section 2. The Employer :shall pay the full' cost of the monthly premium to provide group dental insurance coverage through the Association of Washington Cities Group Dental Plan for dependents of full-time, active, eligible employees, During the term of this Agreement the Employer agrees to continue its participation in the AWC Plan A Dental Program. ARTICLE XII - PENSIONS Pensions for employees and Employer contributions to pension funds shall be in accordance with Washington State statutes. Dl'Ir-r: k ARTICLE XIII - TERMINAL & SICK LEAVE Section 1. Paid vacation leave shall be earned and administered as provided by City Ordinance. The City shall amend Ordinance No. 1813 to state accrued vacation leave shall be paid in lump sum upon retirement/separation. In the event an employee has been granted an approved disability retirement from the Police Pension Board, the Employer agrees to pay the employee his or her ,total accrued vacation hours that has been accumulate9 as of the effective date of the disability retirement. Any employee separated from employment during his/her probationary period shall forfeit any such benef,its. Section 2. Upon service retirement a~ employee shall be paid thirty-five percent (35%) of up to one hundred twenty (120) days of accumulated sick leave (accumulated at'the rate of one '(1) working day per month). Section 3. Any employee, who is classified as a LEOFF II employee pursuant to Chapter 41.26 RCW, that incurs an injury while performing his responsi- , bilities on duty will be allowed to apply accrued sick leave pay to his I approved time-loss compensa~ion as provided by the laws governing Workmans ' Compensati on time-loss benefi ts l' provi ded, such payment will not exceed the employee's regular rate of his, dai:ly wage. ' 1 1 1 I In the event the employee has exhausted: his sick leave pay, ,the City agrees to supplement the employeeAs time-los;s!~ompel1sation such,that the employee! shall receive his regular daily wage 'rate during the disability period, , provided that said supplement will not exceed six (6) months in duration. i 1 The parties agree to reopen this secti~n for negotiations in the eVent the Washington State Legislature modifies the provisions of the LEOFF Act pertaining to LEOFF employees. Ii, I: I ARTICLE XIV - FALSE ARREST INSURANCE During the term of this Agreement, the Employer shall maintain a False Arrest Insurance policy in effect with coverage there unper in accordance with the terms and conditions of such policy. ARTICLE XV - CLOTHING AND UNIFORM CLEANING ALLOWANCE Section 1. 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. Section 2. An annual' allowance of four hundred twenty five ($425.00) per year will be provided to non uniformed, sworn person~el. 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. PAGE 7 Section 3. There shall be an annual uniform cleaning allowance of two hundred fifty dollars ($250.00) for 1984. In 1985 this amount shall increase to 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 twenty five dollars ($125.00) during "4he months of January and July (for 1984), and one hundred thirty seven dollars and fifty cents ($137.50) during January and July of 1985. Section 4. An employee will not be required .to pay back to the Employer funds received for the purpose of clothing or cleaning allowance after the employee has received and expended such payment. Section 5. In the event the 'Employer secures a cleaning contract with an independent cleaning company during. the term of this ,Agreement, Section 3 of Article XV will become null and void. , , Section 6. The City agrees to provide the sum of one hundred dollars ($lOO.Odj to Motorcycle Officers for the purchase of motorcycle boots. Aft,er initial issue, replacement mor-lies will be approved only after the Chief or his designated representative authorize such replacement based on wear/tear of motorcycl e boots. ARTICLE XVI - NOTIFICATION OF CHANGES I I Should the Employer or Union wish to make any significant change affecting the ~ontract provision during the life of this Agreement, the two parties will meet to discuss the desired change. It is agreed that no change will be made unless both parties agree to such change. ARTICLE XVII - VACANCIES AND PROMOTIONS Sectionll. All vacancies, appointments and promotions will be filled in accordance with the rules and regulations set forth by the City of Bremerton Civil Service Commission. i Section 2. Any employee who is appointed to a position classification by the Chit!f of' Police on a provisional basis shall be paid the established compensation for such position classification. ARTICLE XVIII - GRIEVANCE PROCEDURE Section 1. Definitions (a) For the purpose of the Agreement the term "grievance" is defined as an alleged violation in the interpretation or application of the articles in this Agreement. (b) Any dispute or grievance pertaining to Civil Service rules or regulations will be submitted to the Civil Service Commission for resolution. (c) Complaints alleging violations of Article III - Nondiscrimination, Section 2 shall be processed pursuant to the Affirmative Action Complaint Procedure outlined in City of Bremerton Ordinance No. 3447. PAGE 8 Section 2. Any alleged grievance shall be verbally discussed by the employee, and/or Union with the emp1oyee's Sergeant and/or Lieutenant, whichever is appropriate, within ten (10) working days of the occurence. The parties agree to make every effort to settle the grievance at this stage. If no satisfactory settlement is reached, the following procedure shall apply: Step 1. The grievance shall be reduced to written form by the aggrieved employee and/or Union, stating the section of the Agr~ement violated and ex- plaining the grievance in detail. The written grievance shall be presented to the grievant's Captain within five (5) worKing days from the date the matter was discussed with the grievant's Sergeant and/or Lieutenant. The Captain or his designee shall, convene, a meeting, within five (5) working days after the r~ceipt' of the written grievance, between the ,employee, Union representative and any other appropriate City officials. Five (5) days after ,such meeting the Captain shall ' trans~it a copy of his written d~cisi~n to the aggrieved e~p1oyee and Union representative. ., Step 2. If no satisfactory settlement is reached upon the conclusion of Step 1, the written gri evance s ha 11 be transrili,tted by the gri evant or Uni on to the Chief. of Police or his designe1e within five (5) working days after the Step 1 decision has been received by the Union. The Chief or his. designee shall convene a meeting within five (5) working days of receipt of the written gr~evance from the Union. Afte~ five (5) days of such meeting the Ohief or, his designee' shall transmit a: copy of his decision to the grievant and' Union.! ~ Step ]3. Any grievance arising from the interpretation or application of this I agreement that is unreso1 ved upon the cons 1 us i on of Step, 2 may be submitted by the Union to arbitration by notifying, in writing, the Personnel Director within ten (10) days ,after the Step 2 decision. The Union shall petition the Public Employment Relations Commission (PERC) for an arbitrator to be assigned to the grievance and who shall conduct a hearing in the matter. I , The decision of the arbitrator shall be delivered within thirty (30) calendar days of the close of the hearing and shall be final and binding upon the Union and the Employer and upon all affected employees. The authority of the arbitrator shall be limited to a ruling on the correct interpretation or application of the Agreement and shall not add to or take away therefrom. The cost of arbitration shall be borne equally by the parties, except that each party shall bear the entire cost of its own witnesses and representatives. Section 3. Time limits referred to in this Article must be strictly adhered to but may be waived by mutual agreement in writing. It is the intent of the parties that all procedures set forth herein shall be complied with as ex- peditiously as practicable. ARTICLE XIX - PERFORMANCE OF DUTY/NO STRIKE Section 1. The Employer and the Union recognize that the public interest requires the efficient and uninterrupted performance of all City s~rvices 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 assigned duties to the best of his or her abilities. PAGE 9 Section 2. During the term of this Agreement, the Union and/or the 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 picketing, patroll ing, 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 Employer shall not institute any lockout of employees during the term of this Agreement. ARTICLE XX - 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 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 qt a reasonable hour, preferably when the member is on duty and/or during day light hours, unless the urgency of the investigatior di cta tes otherwi se. If such i ntervi ew occurs duri ng off-duty time of the member being interviewed, the member sha~l be com- pensated for his off-duty time in accordance with Article VII of the contract agreement between the City of Bremerton and Teamsters Local Union #589. (b) The interview shall take place at a location designated by the investigation officer, preferably at the Police Department. 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. (c) (d) The member being interviewed shall be afforded an opportunity and the necessary faciliti es to contact an attorney pri or to commence- ment of the interview. The member1s attorney and/or representative of the union may be present during the interview. Nothing herein shall in any way restrict the rights of the attorney and/or rep- resentative with the employee during the process of the interview. 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. The member shall not be subjected to offensive language or in- timidation 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 (e) (f) PAGE 10 or orders, that member shall answer truthfully all questions con- cerning 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 of the 'Chief Administrator of the Bremerton Police Department. I (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 under arrest, or is likely to be placed under arrest 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 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 hol i days. ARTICLE XXI ~ MANAGEMENT RIGHTS Section 1. Any and all rights concerned with the management and operation of the Police Department are exclusively that of the Employer unless other- wise provided by the terms of this Agreement. The Employer has the right, among other actions, to adopt rules for the operation of the Department and conduct of the employees, to discipline, temporarily layoff, or discharge employees for cause, to assign work and determine 'duties of employees, to schedule hours of work, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity, to contract for goods and services for operation of the Department and to perform all o~ the functions not otherwise expressly limited by this Agreement. Section 2. The Employer and the Union recognize and agree that City of Bremerton Police Department policies, procedures, practices ,and benefits other than specifically recognized by this Agreement shall continue in effect for the duration of this Agreement unless changed or cancelled by the Chief of Police or his designee. Section 3. The parties to this Agreement 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 Employer 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. PAGE 11 ARTICLE XXII - SAVING CLAUSE Should any provisions 'of this Agreement be found to be in violation of any federal or state law, City of Bremerton Charter, ordinance, regulation or resolution or declared invalid by a Court action, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. The Employer and the Union agree that any invalid provision of this Agreement shanl be modified through collective bargain- ing prior to the expiration of this Agreement. All language in, this Ag~eement will remain the same from year to year unless either party to the Agreement negotiates a change in the curre~t language. I I ARTICLE XXIII - ENTIRE AGREEMENTi The Agreemeht expressed, herein in writing constitJtes the entire Agreement betweeni the Employer and the Union, and no oral agreement shallladd to orl- supercede any of its provilsi ons. Wherever a Ci ty: of Bremerton ordi:nance or Ci~il Service rules are not in conflict with this Agreement, their I provi~ions shall be applicable td employees in thi~ bargaining unit. , ,I I I , I ' '! ARTICLE XXIV ~ PARKING OF A~TOMOBILES: , I I The Employer shall furnish parking at ~ity Hall (0r rei~burse the employee the cost of same) for any privateautomo6ile which an employee assigned to the graveyarrd shift uses for cdmmuting to work and shall do the same for a private automobile when such automobile is being used by an employee for transportation to ~nd from Court during thei employee1s off-puty time. Ii: I I, II i Ii ARTICLE XXV - COMPENSA~ION FOR TRAINING Each employee who is required to attend school or training sessions during his off-duty time shalll be granted an equal amount of Icompen~atory time off at straight-time. I I' ARTICLE XXVI - SHIFT CHANGES I Section 1. Employee may be given permission to exchange and/or request specific shifts, shift rotation, and days off when the change does not interfere with the carrying out of the duties and responsibilities of the affected employee's and the Departinent. Such a determi nati on shall be made by the Chief of Police or his designee, provided, the shift change request is made at least five (5) working days before the date the change is to take place. Section 2 The City agrees to the concept of placing a minimum of three (3) officers on the street on shifts below the rank of Sergeant when practicable. PAGE 12 . . ARTICLE XXVII - UNION REPRESENTATION For the purpose of representation within the Department, the Union shall be entitled to a reasonable and adequate number of stewards who shall restrict their activities .to the handling of grievances and other legitimate union business but only to such extent as does not neglect, retard or interfere with th~ work and duties of the steward or affect~d employees. Prior to carrying! out the steward's repres~ntation duties, he will request and secure approval by the Chief of PoJice or his designee. Also, the Employer is under no obligation to pay stewards or other employees for time spent in grievance meetings or performing other legitimate union business when they are not scheduled to work. I I ,ARTICLE XXVIII - LABOR'MANAGEMENT COMMITTEE , I !i I I Section 1. : There shall be a Labor-Management Committee which shall consist of three (3) City representatives and three (3) Union representatives. When appropriate and agreed upon between the Employer and the Union, other individuals may participate in the Labor-Management Committee meeting(s). I Section ~. The Employer and the Union win jointly schedule Committee meetings/and established1meeting agendas. It is agreed upon between the parties that Committee meetings will be held at least once a month. Section 3. The purpose of the Committee is to allow' an exchange of information regarding the Department of the City and to discuss problems of mutual interest or concern. It is expressly understood and agreed upon that Committee meetings will not be for the purpose of negotiations nor will grievances filed pursuant to Article VI of thi~: Agreement or otherwi se pendi ng ,before any Commi ss i on or Tri buna 1 of q:>mpetent jurisdiction be discussed or co?sidered by the Committee. ARTICLE XXIX - LABOR-MANAGEMENT MEDICAL COST CONTAINMENT BLUE RIBBON PANEL For the duration of this contract there shall be established an eight (8) member panel to consi~t of 4 Union representatives and 4 Management rep- resentatives. Representatives may be selected within or outside the City structure in order to provide a balance of expertise and contribution. The p,urpose of this panel is to meet quarterly and review, survey, discuss, and study future possible medical care cost-containment strategies. They will produce a report form each quarterly meeting to be distributed to both management and membership individuals. Their efforts will be non-binding and solely for the purpose for exploring medical care cost-containment tech- niques beneficial to both the City and the employee. ARTICLE XXX - DEPARTMENT POLICY MANUAL AND POLICY CHANGES At such time that the Department prepares and implement an Operating Manual or Policy said Manual or Policy will be distributed to all bargaining unit employees. The employee will acknowledge receipt of and will become knowledgeable with the Manual IS or Policy's contents. All employees will carry out his/her duties and assignments in accor- dance with the Manual and Policy. In addition, all employees will adhere to the confidentiality of the-Manual and Policy. 'PAGE 13 .. . It is further agreed that all reVlslons to the Manual or Policy will be provided to employees for inclusion in the Manual. Further, the Depart- ment will inform employees of policy revisions, prior to enactment, at a time deemed appropriate by the Department. It is express ly understood and agr~ed upon between the parti es 'than any question, complaint or dispute arising out of the interpretation or I application of the Operating Manual or Policy will not be subject to Article XVIII of the Labor Agreement but will be processed through normal department administrative channels~ ARTICLE XXXI - TERM OF AGREEMENT This Agreement shall become effective January 1, 1984, and shall remain in effect through December 31, 1985 and may ~e extended thereafter by mutual agreement. It is further agre~d that the Employer or the Union may request reopening of this Agreement for the purpose of renegotiating changes to be effective following the expiration of this Agreement wHh such notice t01be in writing to the other party in accordance with the time schedule established by RCW 41.56. ; . AfPROVED AND RATIFIED BY TH~ CITY COUNCIL THIS olSL~ay of ~ ' 1984. CITY OF BREMERTON ! GENERAL TEAMSTERS LOCAL UNION NO.589 liUl'ill . , f ' By . :.' J~ M.G. Dawkins, Mayor By /!~ d~ Doug ~h , . Business Representative Attest: \<~~ q Kathleen L. City Clerk Q. I.'v.... (.2. ..~ 1 McCluskey PAGE 14