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HomeMy WebLinkAboutPOLICE OFFICERS GUILD, 1980-1981 .. T i . \ , .,4t, . .:;,.. . A G R E E MEN T By and Between CITY OF BREMERTON, WASHINGTON and GENERAL TEAMSTERS LOCAL UNION NO. 589 * * * * * January 1, 1980 through December 31, 1981 . ~ '\ Di s tri buti on: Personnel Director Bob Peck Chi ef Devery Teamsters Local 589 (2 cys Donworth' Mayor Jarstad r ; .~~ ! I r I I: I I , . ;~ ._; r Article I II III IV V VI VII VIII IX X XI XII XIII XIV XV XVI XVII XVIII XIX XX XXI XXII XXI II XXIV XXV XXVI e TABLE OF CONTENTS PREAMBLE RECOGNITION NONDISCRIMINATION APPLICATION OF CIVIL SERVICE LAW UNION MEMBERSHIP AND DUES DEDUCTION WAGE RATES AND LONGEVITY HOURS OF WORK AND OVERTIME ANNUAL VACATIONS HOLIDAYS EMPLOYEE MEDICAL COVERAGE AND DEPENDENT MEDICAL GROUP INSURANCE GROUP DENTAL INSURANCE PENSIONS TERMINAL LEAVE FALSE ARREST INSURANCE CLOTHING AND UNIFORM CLEANING ALLOWANCE NOTIFICATION OF CHANGES VACANCIES AND PROMOTIONS GRIEVANCE PROCEDURE PERFORMANCE OF DUTY/NO STRIKE POLICE OFFICERS INTERROGATION GUIDELINES MANAGEMENT RIGHTS SAVINGS CLAUSE ENTIRE AGREEMENT PARKING OF AUTOMOBILES COMPENSATION FOR TRAINING TERM OF AGREEMENT . Page 1 1 1 2 2 3 3 4 5 5 6 6 6 6 6 7 7 7 8 9 10 10 11 11 11 11 iJ . .. . , . ,; . . AGREEMENT By and Between CITY OF BREMERTON, WASHINGTON and GENERAL TEAMSTERS' LOCAL UNION NO. 589 * * * * * January 1, 1980 through December 31, 1981 ARTICLE I - PREAMBLE This Agreement is between the City of Bremerton, Washington (hereinafter referred to as the "Employer") and General Teamsters' Local Union No. 589 (hereinafter 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 II - RECOGNITION 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. ~ " . . . . \ ; e e - 2 - ARTICLE IV - APPLICATION OF CIVIL SERVICE LAW 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, 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. 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 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 organization 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 within 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 required of both the Union and the Bremerton Police Officers' Association members. The Employer shall remit such deductions to the Treasurer of the Union and the Association. Section 7. The Union and the Association agree to indemnify and hold harmless the Employer from any and all liability resulting from such deductions. ~. . . ~ e e - 3 - ARTICLE VI - WAGE RATES AND LONGEVITY Section 1. The following monthly rates of pay shall be in effect during the term of this Agreement: Effective 1/1/80 Under 5 Years 5 Years or Over Patrol Officer (full-time) 1st year 2nd year 3rd year 4th year $1,436.59 1,496.35 1,569.03 1,641.69 $1,680.78 Motor Patrol Officer (when assigned) 1 , 671. 08 1,710.87 Crime Scenes Officer 1,750.49 1,792.15 Detective 1,750.49 1,792.15 Sergeant 1,856.42 1,900.62 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 employee's monthly base wage rate and shall be paid monthly in addition' to base pay as follows: ~Length of Service Rate per Month ~, o - 5 years 0% 5 - 10 years 1% 10 - 15 years 2% 15 - 20 years 3% 20 years and over 4% Section 3. Effective with the pay period which starts closest to January 1, 1981, the 1980 rates of pay shall be increased by 90% of the percentage by which the CPI increases from November, 1979 to November, 1980, provided such wage increase shall not be more than 12% of the 1980 wage scales. (CPI means the U.S. Bureau of Labor Statistics Consumers Price Index for the Seattle Area for Urban Wage Earners and Clerical Workers, 1967=100). 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. "111,' ,J> e e - 4 - Section 2. Overtime as used in this Agreement shall mean that time an employee works in excess of eight (8) hours per day or forty (40) hours in a workweek excluding roll calls, shift 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 1/2) times the regular rate 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 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 Employet while off duty shall be compensated a minim~m of two (2) hours at the overtime 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 situation requires the employee's 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 by eligible employees at the following rates: Year of Continuous No. of Vacation Days Employment Accrued Per Year 1st - 5th year 13 working days 6th year 15 working days 7th year 16 working days 8th year 17 working days 9th year 18 working days 10th year 19 working days 11 th year 20 working days 12th year 21 working days 13th year 22 working days 14th year 23 working days 15th year 24 working days 16th year 25 working days 17th year and after 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. ~ k e e . , - 5 - Section 3. Annual vacation leaves shall be scheduled by the Chief of Police or his designee at such time as will least interfere with the functions of the Police Department. 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. d 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 1/2) times the employee's hourly base rate of pay. Section 3. Holidays shall be as follows: \ Holiday Date Observed New Year's Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day The day after Thanksgiving Christmas One Floating Holiday 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. ) ~ ~ ,t' e e - 6 - ARTICLE XI - GROUP DENTAL INSURANCE Section 1. to provide Washington employees. The Employer shall pay the full cost of the monthly 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 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. ARTICLE XII - PENSIONS Pensions for employees and Employer contributions to pension funds shall be in accordance with Washington State statutes. ARTICLE XIII - TERMINAL 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 leave. Any employee separated from employment for cause shall forfeit any such benefits. Section 2. Upon 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). ARTICLE XIV - FALSE ARREST INSURANCE During the term of this Agreement, the Employer shall maintain a False Arrest Insurance policy 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. Section 2. An annual allowance of two hundred thirty-five dollars ($235.00) per year will be provided to nonuniformed, sworn personnel assigned as detectives. Effective January 1, 1981, this amount shall be increased to three hundred dollars ($300.00). -. ,t- e e - 7 - Section 3. There shall be an annual uniform cleaning allowance of one hundred fifty dollars ($150.00) per year for uniformed sworn personnel. Such allowance shall be payable in the amount of seventy-five dollars ($75.00) during the month of January and seventy-five dollars ($75.00) during the month of July. Effective January 1, 1981, the allowance shall be increased to two hundred dollars ($200.00). 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 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 is 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 (60th) day of such assignment. ARTICLE XVIII - GRIEVANCE PROCEDURE Section 1. For the purpose of this Agreement the term "grievance" 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 or 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 settlement is reached, the following procedure shall apply: Any dispute or grievance pertaining to Civil Service 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. Step 1. The grievance shall be reduced to written form by the aggrieved employee and/or Union, stating the section of the Agreem~nt violated and explaining the grievance in detail. The employee or Union representative shall present the written grievance to the employee's Captain within five (5) working days after the alleged # e e - 8 - 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 employeet Union representative together with the Sergeant. Five (5) days after such meeting the Captain shall transmit a copy of his decision to the aggrieved employeet the Union and the Chief of the Police Department. 'Step 2. Should the grievance remain unresolved after the Step 1 meetingt the aggrieved employee and/or the Union shall transmit the grievance in writing to the Assistant Chief of Police within five (5)rworking 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 employeet Union and Chief of Police. Step 3. Any grievance ar1s1ng 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 ~onsist of the Mayor and the Chief of Police and two (2) police officers selected by the Union. If a grievance exists and no settlement has been reached within fourteen (14) days of receipt by the Grievance Boardt the grievance shall be placed on the agenda at the next regular Council meeting. Section 2. By mutual agreement, a grievance may be submitted within ten (10) working days following the decision rendered by the City Council in Step 3 to the following arbitration procedure for resolution. The Employer shall select one (1) persont 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 writing within twenty (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 Articles 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 employee the right to strike or to refuse to perform his or her assigned duties to the best of his or her abilities. " >,!, e . - 9 - 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, stay-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 whatsoever. Employees who engage in any of the foregoing or similar activities shatl 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 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 investi- gation 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 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 interrogation. Nothing herein shall in any way restrict the rights of the attorney and/or representative of the Union to reasonable periods of consulta- tion 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 made to the said employee as an inducement to answering questions. f . . - . r ~ - 10 - f) An employee covered by this Agreement shall not be required to take a polygraph test as a part of the interrogation process. g) Nothing contained in any of the above guidelines shall restrict and/or limit the authority of the Chief of Police in the performance of his duties and responsibilities as the Chief Administrator of the Bremerton Police Department. 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. 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, temporarily lay off, 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 of 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. . ARTICLE XXII - SAVINGS 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 o~ 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 shall be modified through collective bargaining prior to the expiration of this Agreement. All language in this Agreement will remain the same from year to year unless either party to the Agreement negotiates a change in the current language. "i ... ~ ~ ..-" ,," '. .. <J>. It . .. - 11 - ARTICLE XXIII - ENTIRE AGREEMENT The Agreement expressed herein in writing constitutes the entire Agreement between the Employer and the Union, and no oral agreement shall 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 unit. 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 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 - TERM OF AGREEMENT This Agreement shall become effective January 1, 1980, and shall remain in effect through December 31, 1981, 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. ~ ") H.P DATED AND SIGNED this~ day of A1>"R H.. , 1980. CITY OF BREMERTON GENERAL TEAMSTERS' LOCAL UNION NO. 589 BY~~J B~~~ ~ Glenn K. Jarst d, Mayor and Commissioner of Public Safety By By Robert B. Stewart, Commissioner of Finance and Accounting ~~~- y '. vv-c..- om Swanson, Commlssloner~f Public Works and Utilities Attest'~. . By ~~.., Ci Y Clerk _D~~~