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HomeMy WebLinkAboutPOLICE OFFICERS GUILD, 1983 "',~ .....' - >, . I \ , , /' A G R EE MEN T By and Between CITY OF BREMERTON, WASHINGTON and GENERAL TEAMSTERS LOCAL UNION NO. 589 * * * * * * . January 1, 1983 through December 31, 1983 ~ \> "0 ,,~ - . TABLE OF CONTENTS if " A rt i c 1 e .P~ t, ----...- I PREAMBLE 1 I I RECOGNITION 1 II I, . NONDISCRIMINATION :1 IV APPLICATION OF CIVIL SERVICE LAW 2 V UNION MEMBERSHIP AND DUES DEDUCTION 2 VI WAGE RATES AND LONGEVITY 3 VII HOURS OF WORK AND OVERTIME 4 VII I ANNUAL VACATIONS r:: J IX HOLl DA YS 5 X EMPLOYEE MEDICAL COVERAGE AND DEPENDENT MEDICAL GROUP INSURANCE 6 XI GROUP DENTAL INSURANCE 6 XII PENS IONS 6 XIII TERMINAL LEAVE 6 XIV FALSE ARREST INSURANCE 7 XV CLOTHING AND UNIFORM CLEANING ALLOWANCE 7 XVI NOTIFICATION OF CHANGES 8 XVI I VACANCIES AND PROMOTIONS 8 XVI II GRIEVANCE PROCEDURE 8 XIX PERFORMANCE OF DUTY/NO STRIKE 9 XX POLICE OFFICERS INTERROGATION GUIDELINES 10 XXI . MANAGEMENT RIGijTS 11 XXII SAVINGS CLAUSE 11 XXIII ENTI RE AGREH1ENT 12 XXIV PARKING OF.AUTOMOBILES 12 XXV COMPENSATION FOR TRAINING 12 XXVI SHI FT CHANGES 12 XXVII UNION REPRESENTATION 12 XXVI II LABOR MANAGEMENT COMMITTEE 13 XXIX DEPARn~ENT POLICY MANUAL AND POLICY CHANGES 13 XXX TERM OF AGREEMENT 14 r e e AGREEMENT " By and Between c CITY OF BREMERTON, WASHINGTON and GENERAL TEAMSTERS' LOCAL UNION NO. 589 * * * * * * * January 1, 1983 through December 31, 1983 ARTICLE I - PREAMBLE This Agreement is between the City of Bremerton, Washington (hereinafter referred to as the "Employer") and General Teamsters' Loca"j Union No. 589 (her'einafter referred to as the "Union") for the purpose of setting forth the mutual understanding of the parties as to wages, hours and other conditions of employment of those employees for whom the Employer has recognized the Union as the exclusive bargaining representative. ARTICLE I I - RECOGNITION " - Section 1. The Employer recognizes the Union as the exclusive repre- sentat"ive for all regular fun-time employees as follows: 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 Section 1. There shall be no discY'imination by the Employer nor the Uni on aga "inst any employee engagi ng in 1 egitimate Uni on act; vity. Conversely, the Union shall not discriminate against any employee desiY'ing not to engage in Union activity. Sect!Q!!..~. Neither the Employer nor the Uni on sha 11 unl awfully di scrimi nate in matters of hiring, train"lng, promotion, transfer, layoff, discipline, dismissal or otherwise because of age, sex, marital status, race, creed, color, national origin, or the presence of any sensory, mental or phys"ical handicap. PAGE 1 e e ARTICLE IV - APPLICATION OF CIVIL SERVICE LAW 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 Service Commission by state law or by ordinance, r'esolution or laws of or pey'taining to the City of Bremer'ton and such Commission shall continue to have primary author"ity over' the subjects itiithin the scope of its jur-isdiction and authority. Section 2. However, it is agreed upon between the parties that any written disciplinary action taken against an employee may be plnocessed pursuant to Article XVIII, Section 1, Steps 1 and 2. In the event the matter remains unresolved upon the completion of Step 2, the employee may file a written 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 Commi 5S'j on sha 11 be fi na 1 and bi ndi ng on the Un; on and the Employer. ARTICLE V - UNION MEMBERSHIP AND DUES DEDUCTION Section 1. Effective with the signing of this ,D,greement, all employees wlioa-re inembers of the Union and all employees who subsequently join the Union, shall maintain their membership in good standing during the term of this Agreement. Section 2. All eligible new emp"loyees shall determine within thirty TfO)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 equiva"lent to regular Union dues to a nonreligious charity or to another chadtable organization mutually agl~eed upon by the employee affected and the Union. Section 5. Employees who are required hereunder to maintain membership 'in good stand"jng and fail to do so, and employees who are required hereunder to pay a servi ce fee and fail to do so, shall be term"j nated upon notice of such fact in writing from the Un"ion 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 period. Sect; on 6. The Employer agrees to deduct from the paycheck of those employees- who have authorized such deductions in writing on a foy'm to be fil ed vd th the Employer the regul ar i niti ati on fee and regul ar monthly dues required by the Union. The Employer shall remit such deductions to the Treasurer of the Union. PAGE 2 e e 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: Hourly Rate of Pay "Effectiv~Janu~"h 1983_ Position Classification Placement Patt'ol Offi cer I Patrol Officer II Patrol Officer III Patrol Officer IV Patrol Officer V Sergeant $10.33 $10.75 $11.28 $11 . 80 $12.89 $13 . 86 Section 2. Advancement from Patrol Officer I through Patrol Officer V will occur 'in annual steps effective on the day immediately following the emp'loyee's anniversary date of his or her last wage classif"lcation placement. In the event an emp"loyee is on approved leave of absence without pay, the employee's anniversary date will be extended by the actual number of days the emp"1 oyee st?rved in a 1 eave of absence status. Section 3. Whenever an employee is given an assignment by the Chief,ot' hi's 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 win be at-Pat"to] Offi cer I except that the Employer reserves the ri ght to place an employee at a higher step (II, III, IV or V) when the employee has had ,pY'ior full-time pol"ice officer experience. Secti on 5. Longevity pay, whi ch is a rate of pay based on the 1 ength of coiilpleted continuous service wHh the Employer, shan be calculated on the individual emp"loyee's hourly wage rate and shan be paid as follows: Length of Continuous Service .-"'----.----.--,-----..--- Rate Pet' Hour o through 5 years continuous employment 0% Commenc; ng 6 through 10 years conU rlUOUS employment 1% Commenci ng 11 through 15 years conti nuous emp 1 oyment 2% Commend ng 16 through 20 years conti nuous ernployment 3% Commencing 21 years and over continuous employment 4% Pfl,GE 3 e e ARTICLE VII - HOURS OF WORK AND OVERTIME Secti on 1. Employees covered by th'j s Agreement sha 11 work such shi fts as--maybe assigned from time to time by the Chief or his designee and shall be subject to ca 11 in any emergency whi 1 e off duty. The Department wn 1 notify an employee of a change 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 emp'loyee is worki ng a four (4) day work schedu1 e then ten (10) hours per day, or forty (40) hours in a workweek. Overtime will include such time when assigned employees to the DIVE, SWl\T or F.T.Q. teams are required to perform duties outside of the regular workday or work week. Overtime will exclude time spent in shift rotation changeover coordination time, training and staff meetings. (a) All overtime must be authorized in advance by the Chief of Police or his designee except in cases of emergency. (b) Overtime shall be compensated at the rate of one and one-half (1!2) times the regular' y'ate of payor equivalent compensatory time off at the discretion of the Chief of Police or his designee in accordance with budget allowances and restrictions. (c) Accrued compensatory time must be taken within one hundred eighty (180) days from the date earned and at a time mutually agreeable td the employee and the Chief of Police or his designee. Section 3. Callback and/or Court Time - Employees called back to service or--who-male court or other subpoenaed appearances on behalf of the Emp'loyer YJhile off duty shall be compensated a minimum of two (2) hours at the over- t'j me rate or compensatoy'y ti me off at the employee I s opt; on, prov'j ded that there shall be no compensation for callbacks occasioned by the employee's Dvm negl ect and wherein the situati on requi res the employee I s presence as determined by the Chief of Police or his designee. Section 4. An employee who is scheduled to return to duty without having been affor'ded at -least eight (8) hours of off-duty time resulting from required mandatory overtime work or required COUl't appearance, may elect to use either' accy'ued compensatory time, sick leave or vacation leave to assure him/herself at least eight (8) hours of off-duty time before r'eturning to duty. PAGE 4 e e ARTICLE VIII - ANNUAL VACATIONS ( Secti on 1. As provi ded by Ordi nance 1813 as amended ~ annual vacati ons wittliPay shall be earned by eligible employees at the following rates: ," ~:... .1' Year of Continuous Em21Q,tment 1st - 5th year 6th year 7th yea r 8th year 9th yeal~ 10th year 11th year 12th year 13th year 14th year 15th year 16th year 17th year and after No. of Vacati on Days Accrued Per Year " - 13 worki ng days 15 work; ng days 16 work i ng days 17 working days 18 working days 19 \'JOrki ng days 20 working days 21 working days 22 \AJorking days 23 worki ng days 24 working days 25 working days 26 working days Section 2. Accrual shell"j start from date of employment~ but vacation leave -sTiall not be available until after six (6) months of continuous service. Sect"ion 3. Annual vacation leave may be requested by the employee subject to the ap.proval of the Chief of Police or his des.rgnee~ py'ovided said leave may be disapproved and rescheduled by the Chief of Police to such a time that will least interfere with the operations and functions of the Police Department, Section 1. Upon prior approval from 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~ qrRndparents, brother-in-law~ sister-in- law~ father and mother-in-law. All time off for bereavement l"ea~e will be charged against either the emp.!oyee's. compensatory til1le~ sick h;ave~ or vacation leave account. Theempl byee may designate which account bereavement leave will be charged against. ARTICLE IX - HOLIDAYS .?ection J.. 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 be in accordance with the Employer's est~blished practice in this regard. Section 2. In the event an employee covered by this agreement is .requi recr--to work duri ng the tey'm of thi s Agreement on New Year's Day, rvJemorial Day~ Independence Day, Thanksgiving Day, or Christmas Day, such employee shall be compensated at the rate of one and one half (1~) times the employee's hourly base rate of pay. PAGE 5 e e Secti on 3. Holidays shall be as follows: Ho l-i day Date Observed ( Nevi Year's Day Lincoln's Birthday Washington's Birthday t1emori a 1 Day Independence Day Labor Day Veteran I s Day Thanks gi v'j ng Day The day after Thanksgiving Ch ri s tmas One Fl oati ng Ho'l i day January 1 February 12 Third Monday in February Last Monday in May July 4 First Monday in September November 11 Fourth Thursday in November Fourth Friday in November December 25 Employee's choice with approval of the Chief of the Police Department or his designe~. ARTICLE X - EMPLOYEE MEDICAL COVERAGE AND DEPE~IIJD11'JT MEDICAL GROUP INSURANCE-' Section 1. Medical coverage for employees shall be provided in accorcfarlc'e wi th the 1 aws of the S tate of Wash'j ngton. Section 2. The employer shall pay the full cost of the month'ly premium to' proYi de group medi Cd 1 ins urance coverage through the J\ssoci ati on of Washington Cities Group Medical Plan for dependents of full-time, active, eligible employees. Dudng the term of this Agreement the Employer agrees to continue its participation in the ,~WC Preferred Group t"edical Plan. ARTICLE XI - GROUP DENTAL INSURANCE Section .1. to -py'ovTde Washington employees. The Employer shan pay the full cost of the rlonthly premium group dental insurance coverage through the Association of Cities Group Dental Plan for full-time, active. eligible Section 2. The Employer' shall pay the fuil cost of the monthly premium to .prov; de group dental insurance coverage through the Associ ati on of Washington Cities Group Dental Plan for dependents of full-time, active, eligible employees. During the term of th-is Agreement the Employer agrees to continue its participation in the AWf Plan A Dental Program. 'ARTICLE XII ~PENSIONS Pensions for employees and Emp.loyer contributions to penslOn funds shall be in accordance with Washington State statutes. ARTICLE XIII - TERMINAL & SICK LEAVE Section 1. In accordance with Ordinance No. 1813 (~s amended) upon separati on, the Emp 1 oyer agrees to pay up to twenty (20) days of accrued terminal (vacation) leave. 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 PAGE 6 e e has been accumulated as of the effective date of the disability retirement. Any employee separated from employment during his/her probationary period shall forefit any such benefits. Section 2. Upon service retirement an employee shall be paid thir'ty- 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). r" '" Section 3. Any employee, who is classified as a LEOFF II employee pursuanr-to Chapter 41.26 RCW, that incurs an injury while performing his responsibi"'ities on duty win be allowed to apply accrued sick leave pay to his approved time-loss compensation as pr'ovided by the laws governing Workmans Compensation time-loss benefits, provided, such payment will not exceed the employee's regular rate of his daily wage. In the event the employee has exhausted his sick leave pay, the City agrees to supplement the employee's time-loss compensation 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. The parties agree to reopen this section for negotiations in the event the Washington State Legislature modifies the provisions of the LEOFF Act pertaining to LEOFF employees. ARTICLE XIV - FALSE ARREST INSURANCE During the term of this Agreement, the Ernployet' shall maintain a False Arrest Insurance pol i cy in effect with coverage thereunder in accordance with the terms and condi ti ons of such pol icy. ARTICLE XV - CLOTHING AND UNIFORM CLEANING ALLOWANCE Section 1. The Employer shall establish a Clothing Allowance Fund 1~r 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. A 11 uni forms purchased by the Emp 1 oyer are to be and remai n the property of the Employer. Section 2. An annual allowance of four hundred dollars ($400.00) per year will be provided to nonuniformed, sworn personnel assigned as detecti ves. Such allowance shi1 11 be pai d dur'i ng 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. Section3. Ther'e shall be an annual uniform cleAning allowance of two hundredand fifty dollars ($250.00) 2f2r yea 1" for all personnel covered by this Agreement. Such allowance shall be payable . in the amount of one hundred and twenty five dollars ($125.00) during the months of Januay'y and July. PAGE 7 e e 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. ARTICLE XVI - NOTIFICATION OF CHANGES Should the Employer or Union wish to make any significant change affecting the contract provisions 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 Section 1. All vacancies, appointments and promotions will be filled in accord~nce with the rules and regulations set forth by the City of Bremerton Civil Service Commission. Section 2. Any employee who is appointed to a position classification by theChief of Police on a provisiona"l basis shall be paHi the established compensation for such position classification. ARTICLE XVIII - GRIEVANCE PROCEDURE Section 1. Definitions (a) FOt~ the purpose of the Agreemen t the term Itgri evance It is ciefi ned as an alleged violation in the interpretation or application of the articles in this Agreement. (b) Any di spute or gri evance pey'ta i ni ng to Ci vil Servi ce rul es 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 Affi rmatTveAction- 'Complaint Procedure outlined in City of Bremerton Ordinance No. 3447. Section 2. Any alleged grievance shall be verbally discussed by the employee;' and/or Union with the employee's Sergeant and/or Lieutenant, whichever is appropriate, within ten (10) working days of the occurrence. The parties agree t.o make every effort to settle the grievance a.t this stage. If no satisfactory settlement is reached, the follow"ing procedure shan apply: Step 1. The 9ri evance sha 1'1 be reduced to wri tten form by the aggri eved employee and/or Union, stating the section of the Agreement violated and explaining the grievance in detail. The written grievance shall be presented to the grievantls Captain within five (5) vwrking days from the date the matter was discussed with the grievant's Sergeant and/or Lieutenant. The Captain PAGE 8 Step 2. ~tep _l. e e or his designee shall convene a meeting, within five (5) working days after the receipt of the written grievance, between the employee, Union representat"ive and any other appropriate C'ity officials. Five (5) days after such meeting the Captain shall ~: transmit a copy of his written decision to the aggrieved employee and Union representative. If no satiSfactory settlement is l~eached upon the conclusion of Step 1, the written grievance shall be transmitted by the grievant or Union to the Chief of Police or his designee within five (5) working days after the Step 1 decis'ion has been received by the Union. The Chief or his designeee shall convene a meeting within five (5) working days of receipt of the written grievance from the Union. After five (5) days of such meeting the Chief or his designee shan transmit a copy of his decision to the grievant and Union. Any grievance arising from the interpretation or application of this Agreement that is unresolved upon the conclusion of Step 2 may be submitted by the Uni on to arbi trati on by notify-i ng, in wr'iting, the Personnel Director w"ithin 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. The decision of the arbitrator shall be delivered \^Jithin thirty (30) ca-Iendar days of the close of the hearing and B.han 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 this Agreement and shall not add to or take away therefrom. The cost of arbitration shall be borne equally by the parties, except that each pat'ty shall bear the entire cost of its own witnesses and representatives. Section 3. Time limits referred to in this Article must be strictly adheredto 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 expeditiously as practicable. 8BTICLE XI~RFORMANC! OF DUTY/NO STRIKE Section 1. The Employer and the Union recognize that the public lnterest requi res the effi cient and uninterrupted peY'forrnance 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 assigned duties to the best of his or her abilities. PAGE 9 e e Sec!io~J_. During the term of this Agl^eement, 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, patrolling, demonstration or any other form of 5i mil ar i ndi vi dual or group act"j vity or interference with City operati ons 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 INTERROGATION GUIDELINES The responsibilities of police officers in the performance of their duties requires their contact with the general public which could result in questioning and misunderstandings surrounding the activities of members of the Bremerton Police Department. In the event such contact requires an investigation as determined by the Chief of Police or his designee, the following guidelines shall be observed to protect the rights of the police officer and to deal with the situation in an expeditious and fair manner. Such guidelines do not replace extablished procedures pertaining to the discipline of an employee for reasonable and just cause. (a) An employee of the Bremerton Police Department shall be entitled to be advised in the event he or she becomes a suspect in the investi- gation which requires interrogation of said employee. (b) Interrogations of a Bremerton Police Department officer should be at a reasonable hour; preference for such time of interrogations should be when the ind'ividua"' is on duty and/or during the daytime, provided, however, that the gravity and exigencies of the investigation shall in all cases control the time of said interrogat"ion as determined by the Chief of Police or his designee. (c) All interrogations shan be held at a Bremerton Police Station facility except when this would be impractical. The employees shall be afforded an opportunity and the necessary facil Hies to conduct an attorney pr'ior to commencement of interrogation. The employee's attorney and/or representative of the Union may be present during the interrogation, but said attorney and/or representative of the Union shall not be permitted to participate in the interrogatiori. Nothing herein shall in any way restrict the r'ights of the attorney and/or representative of the Union to reasonable periods of consultation with the employee during the process of the interrogation. (d) The interrogation shall be conducted in the most expeditious manner consistent with the scope and gravity of the subject matter of the interrogation and the employee shan be permitted reasonable periods to attend to personal necessities. (e) The anployees shall not be subjected to offensive language or intimidation during the process of interrogation. No promises or rewards shall be made to the said employee as an inducement to answering questions. PAGE 10 . " e e (f) An employee covered by this i\greement shall not be y'equired to take a polygraph test as a part of the interrogation process. ( g) Nothing contained in any of the above guidelines shall r'estrict 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. ARTICLE XXI - MANAGEMENT RIGHTS ~ection_J_. Any and an rights concerned with the management and operation of the Police Department are exclusively that of the Employer unless otherwise 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, tempor- arily layoff, or discharge employees for cause, to assign work and determine duties of employees, to schedule hour's of 'tJOrk, 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 of the functions not otherwise expressly limited by thi s Agreement. ~~_ctj~~_1.. The Employer and the Un; on recogni ze and agree that City of Bremerton Police Department policies, procedures, practices and benefits othel~ than specif"ically 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 theun 1 imited ri ght and opportunity to make proposal s 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 pay'ty to bargain with respect to any subject or matter not specHi cally covered by the Articles of this Agreement during the term of this Agreement, except as mutually agreed upon. . ARTICLE XXII - SAVINGS CLAUSE Should any provisions of this Agreement be found to be in violation of any feder'al or state law, City of Bremerton Charter, ordinance, regulation or resolution or d(~clared 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 Emp.loyer and the Union agree that any inval id provision of this Agreement shall be modified through collective bargain- ing prior to the expiration of this Agreement. All language in this Agreement wi 11 rema i n the same from year to year unless either party to the Agreement negotiates a change in the current language. PAGE 11 ". e e , . ARTICLE XXIII - ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire Agreement between the Employer and the Union, and no oral agreement :- hall add to or supercede any of its provisions. Wherever a City of Bremerton ordinance or Civil Service rules are not in conflict with this Agreement, their provisions shall be applicable to employees in the bargaining ~nit. ARTICLE XXIV - PARKING OF AUTOMOBILES The Employer shall furn'ish parking at City Hall (or reimburse the employee the cost of same) for any private automobile which an employee assigned to the graveyai~d shift uses for commuting to work and shall do the same for a priv~te automobile when such automobile is being used by an employee for transportation to and from court dur'ing the employee1s off..duty time. ARTICLE XXV - COMPENSATION FOR TRAINING Each employee who is required to attend school or training sessions duy'ing his off-duty time shall be granted an equal amount of compensatory time off at straight-time. ARTICLE XXVI - SHIFT CHANGES ,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 responsibil ities of the affected employees and the Department. Such a determination 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. 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 ndt neglect, retard OY' interfere with the \'Iork and duties of the steward or affected employees. Prior to can'ying out the steward's y'epresentation duties, he will request and secure approval by the Chief of Police or his designee. Also, the Employer is under no obligation to pay stewards OY' other employees for time spent in grievance meetings or performing other legitimate union business when they are not scheduled to work. PAGE 12 ., -.... e e ARTICLEEYXL-=--~BOR MMMGEMENT COMMITTEE S~ctio~ 1. There shall be a Labor~Management Committee which shall consist of three (3} City representatives and three (3) Union represent- atives. When apPt'opriate and agreed upon between the Employer and the Union, other' individuals may participate in the Labor-Management Committee meeting(s}. ;- " Section 2. The Employer ahd the Union wi.l1 jointly schedule Committee meetings and established meeting agendas. It is ~greed upon between the parties that Committee meetings will be.held at least once a month. Section 3. The purpose of the Corrunittee 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 this Agreement or otherwise pending before any Commission or tribunal of competent jurisdiction be discussed or considered by the Committee. ARTICLE XXIX - DEPARTMENT POLICY MANUAL AND POLICY CHANGES . - - At such time that the Department prepares and implement an Operating Manual or Po1icy said Manual or Policy will be distributed to all bargaining unit employees, The employee will acknowledge receipt of and will become knowledgable with the Manual ts or Policy's contents. All employees will can'y out h-is/hey' duties and assignments -in accor- dance with the Manual and PoHcy. In addition, all employees win adhere to the confidentiality of tbe Manual and Pol'iey. It is further agreed that all revisions 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 expressly understood and agreed upon between the parties than any question, complaint or dispute arising out of the interpretation or 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. PAGE 13 ^''''''''''~.~--'''''.'-'''-,''- _ "-'--- .~,.....~----_..._" ~ . .____........" __ _ ..Jl& '.., ... .~. . . ARTICLE XXX - TERM OF AGREEMENT This Agreement shall become effective January 1, 1983, and shall remain in effect through December 31, 1983, and may be extended thereafter by mutual agreement. It is further agreed 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 with such notice to be in writing to the other party in accordance with the time schedule established by RCW 41. 56. APPROVED AND RATIFIED BY THE. CITY COUNCIL THISUziday of 7hY' ' 1983. CITY OF BREMERTON GENERAL TEAMSTERS LOCAL UNION NO. 589 BY/$fi r~ M. G. Dawkins, Mayor B~~~~ Y ~ ... L/ Nor an Pollock Secretary-Treasurer BY~~. Doug Business Representative Attest: ~ Q <. I,,~ ~~~ Kat leen L. McCluskey City Clerk PAGE 14