HomeMy WebLinkAboutPOLICE OFFICERS GUILD, 1982
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A G R E E MEN T
By and Between
CITY OF BREMERTON~ WASHINGTON
and
GENERAL TEAMSTERS LpCAL UNION NO. 589
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January 1, 1982 through December 31, 1982
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TABLE OF CONTENTS
Article PAGE
I PREAMBLE 1
II RECOGNITION 1
III NONDISCRIMINATION 1
IV APPLICATION OF CIVIL SERVICE LAW . 2
V UNIGN MEMBERSHIP AND DUES DEDUCTION 2
VI WAGE RATES AND LONGEVITY 3
VII HOURS OF WORK AND OVERTIME 3
VIII ANNUAL VACATIONS 4
IX HOLIDAYS . 5
X EMPLOYEE MEDICAL COVERAGE AND DEPENDENT 5
MEDICAL GROUP INSURANCE
XI GROUP DENTAL INSURANCE 5
XII PENSIONS 6
XIII TERMINAL .LEAVE 6
XIV FALSE ARREST INSURANCE 6
XV CLOTHING AND UNIFORM CLEANING ALLOWANCE 6
XVI NOTIFICATION OF CHANGES 7
XVII VACANCIES AND PROMOTIONS 7
XVII I GRIEVANCE PROCEDURE 7
XIX PERFORMANCE OF DUTY/NO STRIKE 8
XX POLICE OFFICERS INTERROGATION GUIDELINES 9
XXI MANAGEMENT RIGHTS 10
XXII SAVINGS CLAUSE 10
XXII I ENTIRE AGREEMENT 10
XXIV PARKING OF AUTOMOBILES 11
XXV COMPENSATION FOR TRAINING 11
XXVI SHIFT CHANGES 11
XXVII UNION REPRESENTATION 11
XXVI II LABOR MANAGEMENT COMMITTEE 11
XXIX DEPARTMENT POLICY MANUAL 12
AND POLICY CHANGES
XXX TERM OF AGREEMENT 12
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- AGREEMENT -
By and BebJeen
CITY OF BREMERTON, WASHINGTON
and
GENERAL TEAMSTERS' LOCAL UNION NO. 589
* * * * * * *
January 1, 1982 through December 31, 1982
ARTICLE I - PREAMBLE
This Agreement is between the City of Bremerton, Washington (hereinafter
referred to as the IIEmployerll) and General Teamsters' Local Union No. 589
(hereinafter referred to as the IIUnionll) 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 II - RECOGNITION
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Section 1. The Employer recognizes the Union as the exclusive repre-
sentative for all regular full-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
and all other City of Bremerton employees~
ARTICLE III - NONDISCRIMINATION,
Section 1~ There shall be no discrimination by the Employer nor the
Union against any employee engaging in legitimate Union activity.
Conversely, the Union shall not discriminate against any employee desiring
not to engage in Union activity.
Section 2. Neither the Employer nor the union shall unlawfully discriminate
in matters of hiring, training, 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 physical
handicap.
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ARTIC~V - APPLICATION OF CIVIL SERV~ LAW
Section 1. It is specifically under~tocd 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, resolution
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 against an employee may be processed 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 Civii Service Commission. The Commission vdll 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 decisiorf of the
Commission shall be final and binding on the Union and the Employer.',
ARTICLE V - UNION MEMBERSHIP AND DUES DEDUCTION
Section 1. Effective with the signing of this Agreement, all employees
who are members 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 employees shall determine within thirty
(30) 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+~es 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'
o'rganization mutually agreed upon by the employee affected and the Union.
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 \'iithin said thirty (30)
day period. .
Section 6. The Employer agrees to deduct from the paycheck of those
employees who have authorized such deductions in writing on a form to be
filed with the Employer the regular initiation fee and regular monthly
dues reqOired by the Union. The Employer shall remit such deductions
to the Treasurer of the Union.
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Section 7. The Union agrees to indemnify and hold harmless the Employer
from any and all liability t'esulting from such deductions.
ARTICLE VI - WAGE RATES AND LONGEVITY
Section 1. The following monthly rates of pay shall be in effect during
the term of this Agreement.
Position Classificati~n
Patrol Officer I
Patrol Officer II
Patrol Officer III
Patrol Officer IV
Patrol Officer V & Over
Motor Patrol Officer
(When assigned)
Crime Scenes Officer
(When assigned)
Detective
(When assigned)
Sergeant
Section 2. Longevity pay, which is a rate of pay based on the length of
service with the Employer, shall be calculated on the individual employe~'s
monthly base wage rate and shall be paid monthly in addition to base pay
as follows:
Length of Service
o - 5 years
6 - 10 years
11 - 15 years
16 - 20 years
21 years and over
Rate per Month
0%
1%
2%
3%
4%
ARTICLE VII - HOURS OF WORK AND OVERTIME
Section 1. Employees covered by this Agreement shall work such shifts
as may be assigned from time to time by the Commissioner of Public
Health and Safety or his designee and, shall be subject to call in any
emergency while off duty.
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 ten (10) hours per day, or
forty (40) hours in a workweek. Overtime will include such time when
assigned employees to the DIVE, SWAT or F.T.D. teams are required to
perform duties outside of the regular workday or work week. Overtime
will exclude time spent in (roll calls) shift changeover coordination
time, training, and staff meetings.
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(a)
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All overtime must be authorized in
or his designee except in cases of
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advance by the Chief of
emergency.
Police
(b) Overtime shall be compensated at the rate of one and one-half
(It) times the regular rate of payor equivalent compensatory time
off at the discrettonof 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 to
the employee and the Chief of Police or his designee.
Section 3. Callback and/or Court Time - Employees called back to service
or who make court or other subpoenaed appearances on behalf of the Employer
while off duty shall be compensated a minimum of two (2) hout's at the over-
time rate or compensatory time off at the employee's option, provided that ...
there shall be no compensation for callbacks occasioned by the employee's
own neglect and wherein the situationrequires the employee1s presence as
determined by the Chief of Police or his designee..
ARTICLE VIII - ANNUAL VACATIONS
Section 1. As provided by Ordinance 1813 as amended, annual vacations
with pay shall be earned be eligible employees at the following rates:
Year of Continuous.
Employment
1st - 5th year
. 6th year
7th year
8th year
9th year
10th year
11 th year
12th year
13th year
14th year
15th year
16th year
17th year and after
No. of Vacation Days
Accrued Per Year
13 working days
15 working days
16 working days
17 working days
18 working days
19 working days
20 working days
21 working days
22 working days
23 working days
24 working days
25 working days
26 working days
Section 2. Accrual shall start from date of employment, but vacation
leave shall not be available until after six (6) months of continuous
service. If any employee resigns or is discharged before completion of
the six (6) months' period, any accrued vacation leave shall be forfeited.
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
that will least interfere with the operations and functions of the Police
Department.
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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 be in accordance with the
Employer's established practice in this regard.
Section 2. 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 t) times the employee's
hourly base rate of pay. .
Section 3. Holidays shall be as follows:
Holiday
New Year's Day
Lincoln's Birthday
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
The day after Thanksgiving
Christmas
One Floating Holiday
Date Observed
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 designee.
ARTICLE X - EMPLOYEE MEDICAL COVERAGE AND
DEPENDENT MEDICAL GROUP INSURANCE
Section 1. Medical coverage for employees shall be provided in accordance
with the laws of the State of Washington.
Section 2. The employer shall pay the full cost of the monthly premium
to provide group medical insurance coverage through the Association of
Washington Cities Group Medical Plan for dependents of full-time, active,
eligible employees.
ARTICLE XI - GROUP DENTAL INSURANCE.
Secti on 1.
to provi de
Washington
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. .
The Employer shall pay the full cost of the. monthly premium
group dental insurance coverage through the Association' of .
Cities Group Dental Plan f~r full-time, active, eligible
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ARTICLE XII - PENSIONS
Pensions for employees and Employer contributions to pension funds shall
be in accordance with Washington State statutes.
ARTICLE XIII - TERMINAL & SICK LEAVE
Section 1. In accordance with Ordinance No. 1813 (as amended) upon
separation, the Employer 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
has been accumulated as of the effective date of the disability retirement.
Any employee separated from employment for cause shall forfeit any such
benefits.
Section 2. Upon service retirement an 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
approved time-loss compensation as provided by the laws governing Workmans
Compensation time-loss benefits, provided, such payment will not exceed the
employee IS regul ar rate of hi s 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 dis'ability period,
provided that said supplement will not exceed ~ix (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 per-
tal ni ng to LEOFF employees.-..
ARTICLE XIV - FALSE ARREST INSURANCE
During the term of this Agreement, the Employer shall maintain a False
Arrest In'surance pol i cy in effect with coverage thereunder 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.
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Section 2. An annual allowance of four hundred dollars ($400.00) per
year will be provided to nonuniformed, S\'Iorn personnel assigned as
detecti ves. Such allowance shall be 'pa; d duri n9 the month of January.
Section 3. There shall be an annual uniform cleaning allowance of
two-hundred and fifty dollars ($250.00) per year for uniformed sworn
personnel. Such allowance shall be payable in the amount of one-
hundred and twenty five dollars ($125.00) during the month of January
and one-hundred and twenty five dollars ($125.00) during the month of
July.
- It is furtheragre'ed between the parties that in the event the Employer
secures a cleaning contract with an independent cleaning company Section 2
(a) of this Article 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 unl ess both parti es agree to such change.
ARTICLE XVII - VACANCIES AND PROMOTIONS
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.. When a vacancy occurs in any classified position which the Employer
intends to fill, the Police Chief shall commence the recruitment process
to fill such vacancy within thirty (30) calendar days. All vacancies
will be filled in accordance with the rules and regulations set forth by
the Bremerton Civil Service Commission. Any employee who~s assigned to
a higher-paid position by the Chief of Police on a temporary basis for
sixty (60) consecutive days or longer shall be paid the established
compensation for such higher-paid position effective on the sixtieth
(60) day of such assignment.
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ARTICLE XVIII - GRIEVANCE PROCEDURE
Secti on 1. For the purpose of thi s Agreement the term "gri evance" is
defined as an alleged violation in the interpretation or application of
the articles of this Agreement. Any alleged grievance shall be taken up
by the employee with his cr her Sergeant within ten (10) working days of
the occurrence. The above parties agree to make every effort to settle
the grievance at this stage promptly; however, if no satisfactory settle-
ment is reached, the following procedure shall apply:
Any dispute or grievance pertaining to Civil ~ervice rules or
regulations will be submitted to the Civil Service Commission
for resolution.
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.
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Step 1. The grievance shall be reduced to written form by the
aggrieved employee and/or Union, stating the section of the Agree-
ment violated and explaining the grievance in detail. The employee
or Union representative shall present the written grievance to the
employee's Cartain within five (5) working days after the alleged
grievance is taken up by the employee with the Sergeant. The
Captain shall convene a meeting within five (5) working days after
the receipt of the written grievance between the employee, Union
representative together with the Sergeant. Five (5) days after
such meeting the Captain shall transmit a copy of his decision to
the aggrieved employee, the Union and the Chief of the Police
Department.
Step 2. Should the grievance remain unresolved after the Step 1
meeting, the aggrieved employee and/or the Union shall transmit the
grievance in writing to the Assistant Chief of Police .within five
(5) working days after the Step 1 decision has been received by the
involved parties. The Assistant Chief of Police or his designee
shall investigate the grievance and convene a meeting within five
(5) working days of receipt of the written grievance from the
aggrieved employee and/or Union. After five (5) working days of
such meeting the Assistant Chief of Police shall transmit a copy
of his decision to the aggrieved employee, Union and Chief of
Police.
Step 3. Any grievance arising from the interpretation of the
Agreement that is unresolved after the decision is rendered in
Step 2 shall be transmitted in writing to the Grievance Board. The
Grievance Board shall consist of the Mayor and the Chief of Police
and two (2) police offirers selected by the Union. . If a grievance
exists and no settlement has been reached within fourteen (14) days
of receipt by the Grievance Board, the grievance shall be placed on
the agenda at the next regular Council meeting.
Secti on 2. By mutual agreement, a gri evance may be submitted withi n ten-.
(10) working days follwoing the decision rendered by the City Council in
Step 3 to the following arbitration procedure for resolution. The
Employer shall select one (1) person, and the Union shall select one (1)
person. Such selected persons shall then select a third impartial
person who shall serve as chairman of the Arbitration panel. A majority
decision of the Arbitration panel shall be made in \1riting within t\1enty
(20) working days following the conclusion of the Arbitration hearing(s).
Such decision shall be final and binding on both the Union and the
Employer. The authority of the Arbitration panel is limited to ruling
on the correct interpretation or application of the Articlei of this
Agreement and shall not add to or take away therefrom. The costs of
arbitration shall be borne equally between the Union and the Employer.
ARTICLE XIX PERFORMANCE OF DUTY/NO STRIKE
The Employer and the Union 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 empTbye~.the right to strike or to refuse to perform his or her
assigned duties to the best of his or her abilities.
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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,
patrolling, demonstration or any other form of similar individual or
group activity or interference with City operations at any location whatso-
ever. 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 hot 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 questions 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 established 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.individual 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 interrogation as determined by
the Chief of Police or his designee.
(c) All interrogations shall be held at a Bremerton Police Station facility
except when this would be impractical. The employees shall be afforded
an opportunity and the necessary facilities to contact an attorney
prior to commencement of interrogation. The employee1s 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 per-
mitted to participate in the interrogation. Nothing herein shall in any
way restrict the rights 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 shall be permitted reasonable periods
to attend to personal necessities.'
(e) The employee shall not be subjected to offensive language or
intimidation during the process of interrogation. No promises or
rewards shall be roade to the said employee as an inducement to
answering questions.
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ARTICLE XXIV - PARKING OF AUTOMOBILES
The Employer shall furnish parking at City Hall (or reimburse the employee
the cost of same) for any private automobile which an employee assigned to
the graveyard shift uses for commuting to work and shall do the same for a
private automobile' when such automobile is being used by an employee for
transportation to and from court during the employee's off-duty time.
ARTICLE XXV - COMPENSATION FOR TRAINING
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Each employee who is required to attend school or training sessions during
his off-duty time shall be granted an equal amount of compensatory time off
at straight-time.
ARTICLE XXVI - SHIFT CHANGES
Employees may be given permission to exchange shifts when the change does
not interfere with the carrying out of the duties and responsibilities 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 not neglect, retard or interfere
with the work and duties of the steward or affected employees. Prior to
carrying out the steward's representation duties, he will request and secure
approval by the Chief of Police or his designee. Also, the Employer Jsw.
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.
ARTICLE XXVIII - LABOR MANAGEMENT COMMITTEE
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).
Section 2. The Employer and the Union will jointly schedule Committee
meetings and established meeting 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
gri evances . fil ed pursuant to Arti cl e VI of thi s Agreement or otherwi se pend-
ing before any Commission or tribunal of competent jurisdiction be discussed
or considered by the Committee.
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ARTICLE XXIX - DEPARTMENT POLICY MANUAL AND POLICY CHANGES
At such time that the Department prepares and implement an Operating Manual
or Policy sajd Manual or Policy vlill be distributed to all bargaining unit
employees. The employee will acknowledge }'€ceipt of and will become know-
ledgable with the Manual's or Policy's contents. All employees will carry
out his/her duties and assignments in acco~dance with the. Manual and Policy.
In addition, all employees will adhere to the confidentiality of the Manual
and Policy.
It is further agreed that all revisions to the Manual 0 Policy will be
provided to employees for'inclusion in the Manual. Further, the Department
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 that 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 admi ni strative-
channels,
ARTICLE XXX - TERM OF AGREEMENT
This Agreement shall become effective January 1, 1982, and shall remain in
effect through December 31, 1982, and may be extended thereafter by mutual
agreement. It is further agreed that the Employer or the Union may request
reopenjng of thi? Agreement. for. the purP9se of renegotjating chang~s to be .
effectlve followlng the explratlon of thlS Agreement wlth such notlce to be 1n
writing to the other party in accordance with the time schedule established by
RCW 41.56. " . t1)
DATED AND SIGNED this Mday of {f{Al't/L , 1982.
GENERAL TEAMSTERS LOCAL UNION NO. 589
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By ~-yf~4'0_/< _ J<2~
NorC:man Pollock. --
Secretary-Treasurer
BY~~~
Doug B h
Business Representative
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B[4
Gene Nelson, ayor and
~Of Public Safety
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Robert B. Stewart, Commissioner
of Fipance D Accounting
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--- 9m son, omm1SS10ner 0
/Public Works and Utilities
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Attest: ~
By ~ a.'-\-~ . _ d....- f\--.Q
~athleen L. Mandio
City Clerk
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