HomeMy WebLinkAboutTEAMSTERS LOCAL 589, 1989
_.
LAB 0 R
A G R E E MEN T
BY AND BETWEEN THE
CITY OF BREMER TON
AND
GENERAL TEAMSTERS LOCAL NO. 589
FOR THE PERIOD
January 1 1989 through December 31 1989
LABOR AGREEMENT BY AND BETWEEN
THE CITY OF BREMERTON AND GENERAL TEAMSTERS LOCAL NO. 589
January 1 1989 through December 31, 1989
TABLE OF CONTENTS
ARTICLE
TITLE
PAGE NO.
1
PREAMBLE
1
2
NON-DISCRIMINATION
2.1 Non-Discriminatory Application
2.2 Non-Discrimination - Union Activity
1
3
RECOGNITION
3.1 Represented Employees
3.2 Classifications Excluded
3.3 Employees Excluded
3.4 New Classifications
1
2
4
UNION DUES
4.1 Dues Deductions
4.2 Maintenance of Membership
4.3 New Employees
4.4 Refusal to Join Union
4.5 Membership Termination
4.6 Indemnification
3
5
UNION ACCESS
5.1 Union Representatives
5.2 Shop Stewards
6
WAGES
6.1 Wage Rates
6.2 Longevity Pay
6.3 Premium Conditions
4
5
7
HOURS OF WORK
7.1 Normal Hours of Work
7.2 Normal Work Schedule
7.3 Meal Periods
7.4 Rest Periods
8
OVERTIME
8.1 Overtime Defined
8.2 Overtime Compensation
8.3 Call Back Minimum Overtime
8.4 Call Back for Animal Control
8.5 Court and/or Subpoenaed Appearances
6
ARTICLE
9
10
11
12
13
14
15
16
17
TITLE
TABLE OF CONTENTS (Paae 2)
VACATION LEAVE
9.1 Vacation Accrual
9.2 Vacation Eligibility
9.3 Vacation Scheduling
9.4 Maximum Vacation Accrual
9.5 Vacation Pay-Out
HOLIDAYS
10.1 Holidays Observed
10.2 Alternative Days of Holiday Observation
10.3 Holiday Compensation
10.4 Work on a Holiday
SICK
11.1
11. 2
11.3
11.4
11. 5
11. 6
11.7
11.8
11. 9
OTHER
12.1
12.2
12.3
12.4
LEAVE AND INDUSTRIAL DISABILITY
Sick Leave Accrual
Maximum Sick Leave Accrual
Sick Leave Incentive
Sick Leave Retirement Payment
Payment of Sick Leave Upon Death
Sick Leave Use
Notification of Sick Leave Use
Sick Leave Documentation and Approval
Industrial Disability Leave
PAID LEAVE
Bereavement Leave
Jury Duty, Witness Leave
Military Duty Leave
Emergency Leave
PAGE NO.
7
8
8
9
10
11
RETIREMENT BENEFITS 12
INSURANCE BENEFITS
14.1 Medical Insurance
14.2 Dental Insurance
14.3 Alteration of Insurance Benefits
WORK
15.1
15.2
15.3
RELATED EXPENSES
Purchase of Uniforms
Maintenance of Certifications
Meal Expenses
SUBCONTRACTING WORK
MUNICIPAL COURT NON-CIVIL SERVICE EMPLOYEES
EMPLOYMENT RIGHTS
17.1 Hiring
17.2 Discipline and Discharge
17.3 Layoff
17.4 Civil Service Employees
13
14
ARTICLE
18
19
20
21
22
23
24
TABLE OF CONTENTS (Paqe 3)
TITLE
MANAGEMENT RIGHTS
WORK STOPPAGES
GRIEVANCE PROCEDURE
20.1 Definitions
20.2 Step 1
20.3 Step 2
20.4 Step 3
20.5 Step 4
20.6 . Powers and Duties of the Arbitrator
20.7 Costs of Arbitration
20.8 Time Limits
SEVERABILITY
ENTIRE AGREEMENT
CONFLICTING PROVISIONS
TERM
APPENDIX A
PAGE NO.
14
15
16
17
18
LABOR AGREEMENT BY AND BETWEEN
THE
CITY OF BREMERTON
and
GENERAL TEAMSTERS LOCAL NO. 589
January 1, 1989 through December 31, 1989
ARTICLE 1. PREAMBLE
This Agreement is made and entered into pursuant to the
provisions of RCW Chapter 41.56 by and between the City of
Bremerton, a municipal corporation of the State of Washington,
hereinafter known as the "City", and the General Teamsters Local
No. 589 hereinafter known as the "Union" for the purpose of
setting forth the wages, hours and other terms and conditions of
employment which shall be in effect during the term of this
agre~ment for employees included in the bargaining unit described
in Article 3 below.
ARTICLE 2. NON-DISCRIMINATION
2.1 Non-Discriminatory Application: The provisions of this
Agreement shall be applied equally to all employees in the
bargaining unit without discrimination as to age, sex, marital
status, race, color, creed, religion, national origin, political
affiliation: or mental, physical or sensory handicap, unless
based upon a bona fide occupational qualification.
2.2 Non-Discrimination - Union Activitv: The provisions of this
Agreement shall be applied equally to all employees in the
bargaining unit without discrimination as to Union affiliation or
legal Union activity or lack thereof. The City and the Union
shall each be responsible for complying with this provision.
ARTICLE 3. RECOGNITION
3.1 Represented Employees: The City recognizes the Union as the
sole and exclusive bargaining representative for the purpose of
negotiations concerning wages, hours and conditions of employment
for all full-time employees in regular positions and part-time
employees in regular positions in classifications set forth in
Appendix A and such classifications as may be added to the
bargaining unit during the term of this Agreement by mutual
agreement or by official action of the Public Employment
Relations Commission.
3.2 Classifications Excluded: The classifications of elected
officials, appointed officials on part-time boards and
commissions, city attorneys, department heads and their
assistants, and supervisors are not included and.shall not be
added to the bargaining unit.
3.3 Employees Excluded: Employees who are employed on a
temporary, seasonal, and casual laborer basis are excluded from
the bargaining unit and employees in positions designated
Confidential are excluded from the bargaining unit irrespective
of the classification they occupy.
3.4 New Classifications: In the event the City creates a new
position or reclassifies an existing position proposed to be
exempt from the bargaining unit, the Union shall be notified in
writing. In the event that the Union disputes the City's
proposed exemption of the new position from the bargaining unit,
the Union shall provide written notice specifying the reasons for
dispute within thirty (30) calendar days of receipt of written
notice from the City. In the event that the City and the Union
are unable to resolve the dispute, either party may refer the
issue to the Public Employment Relations Commission for
resolution.
ARTICLE 4. UNION DUES
4.1 Dues Deductions: The City will deduct monthly regular Union
membership initiation fees, dues, agency fees and assessments
from the pay of those employees who provide written authorization
to the City to make such deductions. The City will transmit the
total amount of deductions to the Union along with a list of
employees and their Union-related deductions.
4.2 Maintenance of Membership: An employee covered by this
Agreement which is a member of the Union on or after the
execution of this Agreement shall remain a member in good
standing. Good standing shall be defined as tendering of
uniformly required periodic dues. Failure of such an employee to
abide by the foregoing provision shall constitute cause for
discharge of the employee, provided that when an employee fails
to fulfill the above obligation, the Union shall provide the
employee thirty days notification in writing of the Union's
request to the City to initiate discharge action and during this
period the employee may make restitution in the amount which is
overdue. Should the employee make such restitution, the request
f6r discharge shall be withdrawn.
4.3 New Emplovees: Employees hired on or after the execution
date of this Agreement shall, within thirty days of their
respective date of employment, achieve good standing in the Union
and shall thereafter maintain such good standing as a condition
of employment. Good standing shall be defined as tendering of
uniformly required periodic dues, fees or their equivalent.
Failure of such an employee to abide by the foregoing provision
shall constitute cause for discharge of such employee subject,
however, to the same requirement for notification and
opportunity for restitution as specified in Section 4.2 above.
The City will notify the Union of newly employed bargaining unit
employees on a monthly basis. -2-
4.4 Refusal to Join Union: An employee who refuses :to join the
Union on the basis of bona fide religious tenets or ~eachings of
a church or religious body of which the employee ,is a member
shall pay an amount of money equivalent to regular Union dues and
fees to a nonreligious charity or to another organization
mutually agreed to between the employee and the Union.
4_5 Membership Termination: Notwithstanding the provisions of
Sections 4.2, 4.3 and 4.4 above, ari employee subject to such
provisions may serve written notice on the Union with a copy to
the Personnel Department by certified or registered U.s. Mail
postmarked any date from December 1 to and including December 15
stating that the employee desires to cease the payment of
periodic dues, or fees required by such provisions. If such a
notice is timely filed, the employee shall be under no obligation
to pay dues or fees due on or after the next December 31.
4.6 Indemnification: The Union shall indemnify and hold
harmless the City from any and all liability resulting from the
dues and fees deduction provisions specified in this Article.
ARTICLE 5. UNION ACCESS
5.1 Union Representatives: The Union shall prov~de written
notice to the City of the names of the officials authorized to
represent the Union. The City will provide reasonable access to
City facilities to such authorized representatives for the
purpose of investigating grievances and other legitimate Union
business provided that such access does not unreasonably
interfere with the work ~nd duties of an affected employee or of
other on-duty employees.
5.2
Shop Stewards:
one (1) Shop Steward
City Hall
Community Development/Engineering
Electronics
The Union shall provide
Director of the name
appointed by the Union.
The Union shall have the right to appoint
for each of the fOllowing areas:
Parks Department
Streets
Water Utility
written notification to the Personnel
and assigned areas of all Shop Stewards
The City will provide reasonable access to employee workplaces to
Shop Stewards for the purpose of investigating grievances
provided that such access does not unreasonably interfere with
the work and duties of an affected employee or of other on-duty
employees. A Shop Steward shall obtain the permission of his or
her supervisor and the supervisor of the affected employee prior
to contacting an employee during work hours. A Shop ~teward may
perform his or her Steward duties on City paid work time provided
that such duties do not unreasonably interfere with the Steward's
ability to perform the duties of his or her position with the
- 3 -
City. In no event, however, shall a City employee who is a Shop
Steward be granted more than five (5) hours of paid work time for
the purpose of investigating and resolving a single grievance.
ARTICLE 6 - WAGES
6.1 Waqe Rates: Wages shall be paid ~s set forth 1n.Appendix A
which is attached hereto and made a part hereof.
A. New Emplovees: A new employee's wage rate shall be set
at Step A of the wage scale except that a new e~ployee may
have his or her wage rate set at a higher step based upon
relevant years and type of prior paid work experience.
Placement of a new employee's wage rate at a step higher
than A must be approved by the Mayor.
B. Advancement through Waae Rates: Advancement through the
wage rates from Step A through the final rate of the wage
grade will occur upon completion of the prescribed number of
months or year(s) of continuous employment since the
employee's last wage placement. In the event an employee
is on leave of absence without pay, the employee's next wage
rate advancement date will be extended by the actual number
of days the employee was absent on such leave.
C. Advancement to Added Waae Rates: An employee who, as of
January 11989, is at the final step of a wage grade which
has a step or steps added shall move to the next neWly added
step as of January 1 1989 provided that the employee has at
least twenty-four (24) months at the former final step of
the wage grade. An employee who has served less than twenty
four (24) months at the final step of a wage grade which
has a step or steps added shall move to the next newly added
step as of the date upon which he or she completes a full
twenty-four (24) months at the employee's existing step. An
employee who was classified as a Department Secretary or a
Dispatcher Clerk on December 15 1986 and who is not
currently at pay grade 7E shall be placed at 7E effective
January 1 1989 and shall progress to step F and step G upon
completion of a full twenty-four (24) months at each step.
6.2 Lonaevitv Pay: Longevity pay shall be applied
hourly pay rate of each employee for years
continuous employment on the following basis:
to the base
of completed
----- 0 through 5 years' continuous employment - 0%
Commencing 6 through 10 years' continuous employm~nt - 1%
Commencing 11 through 15 years' continuous employm~nt - 2%
Commencing 16 through 20 years' continuous employment - 3%
Commencing 21 years and over continuous employment - 4%
-4-
6.3 Premium Conditions:
A. Standby: An employee who is placed on standby status
I
requiring the employee to be immediately available to report
for duty shall be compensated at the rate of six dollars
($6) per day of standby duty.
B. Shift Differential: An employee assigned to work a
shift schedule which begins at 12 noon or later land earlier
than 6 a.m. shall be compensated a shift differential of
fifty cents ($.50) per hour for each hour of the shift so
worked.
ARTICLE 7 - HOURS OF WORK
7.1 Normal Hours of Work: The normal hours of work .for regular
full time employees shall be forty (40) hours per week. The
normal hours of work for regular part time employ~es shall be
the number of hours per week that the Department Head schedules
which shall not exceed forty (40) hours per week anq shall not
exceed the Department's approved budget allocation for the
position.
7.2 Normal Work Schedule: The normal work schedule for regular
full time employees shall consist of five (5) consecutive eight
(8) hour days or four (4) consecutive ten (10) hou~ days. The
normal work schedule for regular part time employ~es shall be
that which is scheduled by the Department Head which shall
consist of no more than five (5) consecutive days in a work
week. The normal work schedule will usually be set to begin on
Monday and conclude on Friday but may be set to begin on another
week day and conclude five (5) consecutive days thereafter, as
the needs of City services require.
7.3 Meal Periods: A lunch period of no less than o~e-half hour
and no more than one hour shall be provided no sooner than two
hours and no later than five hours from the begintiing of each
eight or ten hour work period. No employee shall be required to
work more than five consecutive hours without a meal period. An
employee who works three or more hours longer than a normal work
day shall be allowed at least one thirty (30) minute meal period
prior to or during the overtime period. Meal periods are unpaid.
When an employee is required by the City to remain on duty on the
premises or at a prescribed work site in the interests of the
City during a meal period, the meal period shall be paid as time
worked. .
7.4 Rest Periods: A paid rest period of fifteen (15) minutes
within each four or five hour work period shall be provided.
Rest periods shall be scheduled as near as possible to the
midpoint of a work period. No employee shall be requi~ed to work
more than three hours without a rest period. Where the nature of
-5-
the work allows employees to take intermittent rest periods
equivalent to ten (10) minutes for each four (4) hours worked,
scheduled rest periods are not required.
ARTICLE 8 - OVERTIME
8.1 Overtime Defined: Overtime is all required and authorized
work performed in excess of a full time employee's normal work
schedule. Overtime includes required training, i~struction,
callback and other such work which is required and authorized by
the City and is performed during an employee's normally scheduled
off duty time. Overtime for regular part time emplo~ees is all
required and authorized work performed in excess of forty (40)
hours during the employee's consecutive five (5) day work
schedule.
8.2 Overtime Compensation: Overtime work shall be compensated
at the rate of one and one-half times an employee's hourly rate
in cash or in compensatory time. The form of overtime
compensation shall be at the election of the employee provided,
however, that an employee who chooses to be compensated in
compensatory time off must take the time off prior to October 15
of each year. In the event the employee fails to take the time
off or fails to obtain a schedule which has been appr,oved by the
department to take the time off prior to October 15 of each year,
the overtime work will be compensated in cash on October 31.
8.3 Call Back Minimum Overtime: In the event an employee who
has departed from his or her normal work hours is called back to
work for a period of time which is less than two (2) hours, the
employee shall receive a minimum of two hours of overtime
compensation.
8.4 Call Back for Animal Control: An employee in an Animal
Control classification who has departed from his oi her normal
work hours and who is called back to work for a pertod of time
which is less than two (2) hours shall receive a minimum of two
hours of overtime compensation for the first call ba:ck prior to
his or her next regularly scheduled work day. In the event that
such an employee is again called back to work on the s,ame day of
the first call back, the employee shall be paid for only the
actual time worked in each subsequent call back of the day.
8.5 Court and/or Subpoenaed Appearances: An employee who
appears in Court or responds to a subpoena which is, related to
his or her employment on off duty time shall receive overtime
compensation for such appearances.
-6-
ARTICLE 9 - VACATION LEAVE
9.1 Vacation Accrual: Employees shall accrue vacation time
with pay for all regularly scheduled work time including paid
I
leave time pursuant to the following schedule:
Period of Continuous
Full Time Emplovment
Hours Accrued/Year
Date of Hire through
5 years
6th year
7th year
8th year
9th year
10th year
11th year
12th year
13th year
14th year
15th year
16th year
17th year and thereafter
104 Hours
120 Hours
128 Hours
136 Hours
144 Hours
152 Hours
160 Hours
168 Hours
176 Hours
184 Hours
192 Hours
200 Hours
208 Hours
9.2 Vacation Eliaibilitv: An employee becomes eligible to take
accrued vacation time upon completion of six (6) months of
continuous employment. In the event an employee resigns or is
discharged prior to the completion of six (6) full months of
employment, any accrued vacation shall be forfei ted" Vacation
time must be taken in segments of one-quarter hour or more.
Vacation time must be earned in the payperiod prior to the time
an employee takes any vacation time off.
9.3 Vacation Schedulina:
mutually scheduled between the
Head. Vacation leave must be
prior to an employee taking the
Annual vacation leave shall be
employee and his or her. Department
approved by the Department Head
time off.
9.4 Maximum Vacation Accrual: The maximum number of vacation
accrual hours that any employee shall be allowed to ca~ry forward
from one calendar year to the next shall be as follows~
Years of Service
Date of Hire through 5 full years
of employment
Maximum Carryover Hours
160 Hours
Over 5 full years of employment
240 Hours
In the event an employee has been prohibited from (or unable
because of absence from work due to illness or disability) taking
sufficient vacation time to reduce his or her vacation. balance to
the maximum allowable carryover at the end of a calendar year,
the excess hours shall be carried forward beyond the end of the
-7-
calendar year. An employee
vacation time during the year
exceed the maximum carryover
year shall forfeit such excess
who fails to request scheduled
and whose accrued vacation hours
balance at the end of the calendar
vacation hours.
9.5 Vacation Pay-Out: Upon the retirement or termination of an
employee who has served six (6) continuous full months of
employment or more, or upon the date of an employee's disability
retirement, the accrued vacation hours of such an employee will
be paid to the employee in a cash lump sum payment at the
employee's straight time hourly rate.
ARTICLE 10 - HOLIDAYS
10.1 Holidavs Observed:
observed by the City:
The following holidays shall be
HOLIDAY
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
One Floating Holiday
DATE OBSERVED
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4
1st Monday in September
November 11
4th Thursday in November
4th Friday in.November
December 25
Approval of Supervisor
In addition, any other holiday legally proclaimed by the
Federal or State government, provided that the City takes
official action to have such holiday also observed by the City.
10.2 Alternative days of Holiday Observation: If a holiday
observed by the City falls on a Saturday, the hOliday will be
observed on the preceding Friday. If a holiday :falls on a
Sunday, the holiday will be observed on the following Monday. If
the day a holiday is observed by the City falls on an employee's
regularly scheduled day off, the employee shall receive an
alternate day as a paid holiday. The floating holiday shall be
observed by each employee on a day mutually agreeable to the
employee and the employee's immediate supervisor.
10.3 Holiday Comoensation: An employee shall receive eight (8}
hours of time off with pay for each holiday observed:by the City
and for a floating holiday of each employee's choice. An
employee who works a four-day ten (10) hour schedule shall
receive ten (10) hours of time off with pay for each :holiday. In
order to receive holiday compensation, each employ~e must work
or be on authorized paid leave on the scheduled work day prior to
or the scheduled work day immediately after each holiday.
I
-8- I
I
10.4 Work on a Holidav: An employee required to work on a
holiday shall be compensated at one and one-half times the
employee's regular straight time rate of pay for the time worked
in addition to regular holiday pay provided in 10.3 above.
ARTICLE 11 - SICK LEAVE AND INDUSTRIAL DISABILITY
I
11.1 Sick Leave Accrual: Employees shall accrue sick leave time
with pay at the rate of .046154 hours for each regular hour
worked, including paid leave. The maximum annual accrual will be
96 hours.
11.2 Maximum Sick Leave Accrual: Employees shall, be able to
accrue sick leave to a maximum of 1200 hours.
11.3 Sick Leave Incentive: An employee who take~ thirty-two
(32) hours or less of sick leave in the calendar year shall have
eight (8) hours added to his or her vacation leave balance at the
beginning of the fOllowing calendar year.
11.4 Sick Leave Retirement Payment: An employee who retires
from City service on a service or disability retireme~t shall be
provided a Sick Leave Retirement Payment at thirty-five percent
(35%) of the employee's accrued and unused sick leave hours to a
maximum of 35% of 960 hours (a maximum total of 336 hours). The
payment will be made to the employee at the employe.'s regular
hourly wage rate in effect at the time of retirement.
11.5 Payment of Sick Leave Upon Death: In the event of the
death of an employee, the employee's estate shall be p~id for the
total accrued and unused sick leave hours at the employee's
regular hourly wage rate in effect at the time of death.
11.6 Sick Leave Use: SiCk leave must be accrued in the
payperiod prior to use by an employee. Sick leave shall be made
available to each employee up to the amount of eachl employee's
accrued sick leave balance and shall be used in increments of no
less than one-quarter hour to cover an employee's absence from
his or her regularly scheduled work hours due to:
A. The temporary disability of an employee resulting from
his or her personal illness or injury.
B. Providing care for an employee's children under the age
of 18 when they have a health condition that requires
. supervision or treatment.
C. Attending medical, dental and/or oculist appointments as
needed for preventive or rehabilitative health care of the
employee or the employee's children when such care requires
parental presence to supervise or authorize treatment.
-9-
11.7 Notification of Sick Leave Use: An employee who is absent
or expects to be absent from work due to causes specified in 11.6
above, shall provide notification as follows:
A. Routine Appointments: An employee who schedules a
routine medical, dental or oculist appointment shall make
every reasonable effort to schedule such an appointment at a
time which will cause the least interference with the
employee's work hours and duties. The employee shall give
prior notice of the date and time of the appointment to his
or her immediate supervisor. An employee's immediate
supervisor may request that the employee reschedule routine
appointments when, in the judgment of the supervisor, the
scheduled absence of the employee would unduly interfere
with the operations of the Department. An immediate
supervisor shall not unreasonably require an employee to
reschedule routine medical, dental or oculist appointments.
B. Unanticipated Absence: An employee who is absent from
work or will be unable to report to work as scheduled due to
personal illness or injury, or for other causes specified in
11.6 above, shall promptly notify the department by
telephone or otherwise as soon as practicable and will make
every effort to notify the Department within the first one-
half hour of each work day or, if possible, within the one-
half hour preceeding each work day of absence. In the event
of a prolonged illness or injury, the Department may exempt
an employee from the requirement to daily report absences
and may establish an alternative reporting arrangement
appropriate to the circumstances.
c. Sick Leave durinq Authorized Paid Leave: An employee
who becomes ill or is injured during the employee's paid
vacation or compensatory time off for accumulated overtime,
may request the conversion of such paid leave to sick leave
with pay by promptly notifying the department of the illness
or injury and providing such information as is required by
the department to verify the appropriateness of such a
conversion.
11.8 Sick Leave Documentation and Approval: An employee who has
been absent on sick leave shall, within the first work day after
returning to work, submit the City's sick leave form and provide
such information as is required by the Department to approve the
use of sick leave with pay for the absence. The Department may
require an employee to provide a professional physician's
verification of illness or injury as a condition of approving
sick leave with pay. In the event the Department intends to
require such verification, the employee will be notified of the
requirement prior to returning to work. The Department may
require an employee to provide certification by a professional
physician that the employee is sufficiently recovered as to be
I
able to return to work and assume his or her normal duties prior
-10- i
I
to the employee returning to work or, in the event the employee
I
has appeared at work, prior to resuming work. If the department
does not allow the employee to return to work due td a need for
certification, the employee will be allowed to contiriue the use
of sick leave. Sick leave must be approved by the Department
prior to payment. The Department shall not unreasonably withhold
approval of sick leave with pay from employees.
11.9 Industrial Disabilitv Leave: An employee who incurs a
work-related illness or injury and who qualifies to receive
Workers' Compensation benefits shall be allowed to use accrued
sick leave to supplement the Workers' Compensation benefits so
as to provide the same pay he or she would have received for full
time active service, taking into account that Worker's
Compensation payments are not SUbject to federal or social
security taxes. In no event shall the combination of Workers'
Compensation and employee sick leave exceed the amount of an
employee's regular wage rate at any time of the disability
period.
ARTICLE 12 - OTHER PAID LEAVE
12.1 Bereavement Leave: An employee will be granted three (3)
days of bereavement leave for attending funerals in the State of
Washington and five (5) days for out of state funerals of members
of the employee's immediate family. Immediate family shall be
defined as spouse, child, stepchild, mother, father,
mother/father in-law, brother, sister, brother/sister in-law,
grandparents of both the employee and the employee's spouse.
All time off for bereavement leave shall be charged against an
employee's vacation, floating holiday, sick leave or compensatory
time leave balance at the option of the employee.
12.2 Jury Duty,
leave of absence
Jury Duty or 2)
related to his
employee for the
the City.
Witness Leave: An employee shall be granted
with pay for the purpose of reporting to: 1)
serving as a witness as the result of a case
or her employment. Any fees received by the
performance of such duties shall be assigned to
12.3 Militarv Duty Leave: A leave of absence with pay for a
period not to exceed 15 working days per calendar year will be
granted to an employee for the purpose of attending training as a
member .of the organized military reserves of the United States or
of the State of Washington.
12.4 Emeraency Leave: In the event of an unforeseen emergency
which requires the absence of an employee, the employee shall
promptly notify the department by telephone or otherwise as soon
as is practicable and will make every effort to. notify the
Department within the first one-half hour of each work day or, if
possible, within the one-half hour preceding each work day of
-11-
absence. Such emergency leave shall be
unused vacation, floating holiday or
balance.
charged to a~ employee's
compensatory I time leave
I
I
I
ARTICLE 13 - RETIREMENT BENEFITS
Each employee shall be enrolled in the Washington State
Retirement system for which he or she qualifies. Each employee
shall be covered by the federal Social Security Act.
ARTICLE 14 - INSURANCE BENEFITS
14.1 Medical Insurance: The City shall make medical insurance
coverage available to employees and their dependents and provide
for payment of insurance premiums as follows:
Monthly Premium
Paid by City
Washington Physician's Service - Plan B
89.99
100.50
47.67
Dependents 37.88
Group Health
88.29
94.14
44.25
Dependents 36.45
Health Plus
100.39
103.05
44.71
44.71
Employee
Spouse
1st Dependent
2nd and All other
Employee
Spouse
1st Dependent
2nd and All other
Employee
Spouse
1st Dependent
2nd and All other
Dependents
14.2 Dental Insurance:
Dental Service Plan
employees and their
insurance premiums as
The
A dental
dependents
follows:
Plan Co-Pays
Paid by:
Employee
Employee
Employee
Employee
Employee
. Employee
Employee
Employee
Employee
Employee
Employee
Employee
City shall make the Washington
insurance coverage available to
and provide for payment of
Employee Only 20.50
Employee Plus One Dependent 38.80
Employee Plus two or More Dep"61.40
Employee
Employee
Employee
14.3 Alteration of Insurance Benefits: The City intends to
evaluate alternative insurance benefit policies during the term
of this agreement. The City will continue to pay the full
premiums for employees and their dependents of the currently
provided health and dental insurance policies provided through
the Association of Washington Cities Employee Benefit Trust.
Changes to insurance benefits and City contributions to premiums
may, however, be altered through the negotiations process during
the term of this agreement by mutual agreement. -12-
ARTICLE 15 - WORK RELATED EXPENSES
I
i
15.1 Purchase of Uniforms: The City shall purchase or otherwise
provide new and replacement uniforms required by Departmental
regulations for each employee. Employees shall abide by such
rules and regulations as are established by the Department in
selecting and obtaining uniforms. All uniforms paid for by the
Department remain the property of the City. Maintenance of
Uniforms shall be provided at the discretion of the City through
the City's contract with an independent cleaning company, City
provided laundering and maintenance service or through payment of
a cleaning allowance at existing rates.
15.2 Maintenance of Certifications: The City shall reimburse an
employee for the actual costs of obtaining and maintaining a
professional or work related certification which is required by
the City as a condition of working in a particular
classification.
15.3 Meal Expense: Effective upon the first day of the
payperiod following approval of this agreement, the City will
reimburse an employee up to $8 per meal for meal expenses when
the employee is required to work during a bona fide emergency
situation after completing his or her regular work day provided
that the employee works at least three (3) additional hours
during a twenty-four (24) hour period. To receive reimbursement
for meal expense, the employee shall submit an appropriate
expense claim form.
ARTICLE 16 - SUBCONTRACTING WORK
The City of Bremerton and the Union shall agree that conditions
surrounding decisions to subcontract work normally performed by
non-uniformed employees are subject to the following:
The City shall provide a minimum of thirty (30) days advance
notice of subcontracting out work. In the event a contract is
entered into, all employees involved in the work center to be
contracted shall have guaranteed right of job tr~nsfer to the
SUbcontracting firm for a period of 120 calendar days. The City
will make every effort to ensure the contracting firm has similar
benefit entitlements. Upon transfer to the firm, employees will
be cashed out all vacation leave entitlements as provided by
current agreement. Sick leave entitlements shall be granted only
to those employees who are within five (5) years of earliest
retirement under (PERS) and then at a limit not to exceed
seventeen and one-half percent (17.5%) of th~ir existing
balance. IndividualS transferred shall also be placed on Civil
Service Reinstatement Registers in accordance with existing
rules.
-13-
ARTICLE 17 MUNICIPAL
EMPLOYMENT RIGHTS:
COURT NON-CIVIL
SERVICE EMPLOYEES
17.1 Hirina: The Department shall hire and promote employees of
the Municipal Court Department in conformance with federal, state
and local laws governing hiring practices.
17.2 Discipline and Discharae: The Department may discipline or
discharge an employee for reasonable and just cause. "Cause" is
hereby defined to be identical to the cause or causes which are
set forth in the Civil Service Rules governing employ~es covered
by the Civil Service. The procedures which will be employed by
the Department in taking disciplinary action or in discharging an
employee of the Department who is not covered by Civil Service
shall be identical to those which are prescribed for use for
employees covered by the Civil Service with the following
exceptions:
A. The Department shall file all required materials with
the Director of Personnel in lieu of the Civil Service Officer.
B. Appeals of the Department's decision shall be processed
through the Grievance Procedure contained in this agreement.
17.3 Lavoff: Layoff of Municipal Court employees shall be
accomplished by seniority from date of hire within the series of
classifications grouped as follows:
Group 1: Legal Technician II
Legal Technician I
Group 2: Probation Officer
Any new classification used in the Department will be placed in a
series group by mutual agreement between the Personnel Department
and the Union. If an employee of the Department who is covered
by Civil Service is to be layed off by seniority, he or she shall
exercise their rights under the Civil Service layoff procedures.
17.4 Civil Service Emp10vees: Employees
Service shall be hired, disciplined
conformance with Civil Service Rules.
covered by Civil
and discharged in
ARTICLE 18 - MANAGEMENT RIGHTS
Subject only to the limitations expressly stated in this
agreement, the Union recognizes that the Employer retains the
exclusive right to manage its business inclUding, but not limited
tOr the right to determine the methods and means by which its
. operations are carried on, . to direct the work force and to
conduct its operations in a safe and efficient manner.
-14-
ARTICLE 19 - WORK STOPPAGES
The Employer and the Union agree that the public interest
requires efficient and uninterrupted performance of all City
services and to this end pledge their best efforts to avoid or
eliminate any conduct contrary to this objective during the term
of this Agreement. Accordingly, it shall be a violation of this
Agreement for the Employer to cause a lockout of its employees or
for the Union to call, encourage, or participate in any strike,
sympathy strike, slowdown, or other work stoppage. Employees
engaging in any of the aforementioned activities shall be subject
to disciplinary action in accordance with the rules of the Civil
Service Commission.
ARTICLE 20 - GRIEVANCE PROCEDURE
20.1 Definitions:
A. Grievance: A grievance is a question
raised by an employee or the Union as to
interpretation or application of this Agreement
Such a question or challenge is to be resolved
Grievance Procedure.
or challenge
the correct
by the City.
through this
B. Civil Service Appeal: An appeal is an allegation of a
violation of the Civil Service Rules which is to be resolved
through the Civil Service Appeals procedu~e and is not
resolvable through this Grievance Procedure.
C. Unfair Labor Practice: An Unfair Labor Practice charge
is an allegation of a violation of the Washington State
statutes governing public employment labor relations which
is to be resolved through the Public Employment Relations
Commission's rules and regulations and is not resolvable
through this Grievance Procedure.
D. EED Complaint: An EED complaint is an allegation of a
violation of the City's Equal Employment Opportunity Policy
which is to be resolved through the City's Equal Employment
Opportunity Program's complaint procedure or the appropriate
state or federal agency charged with investi~ating such
matters.
20.2 STEP 1: An employee or Union representative who believes
that a question exists as to the correct interpretation or
application of this agreement shall first discuss the action
giving rise to the belief with the immediate supervisor involved
within forty-five (45) calendar days of the date the action took
place or within forty~five calendar days of the date upon which
the employee could reasonably have been expected to know of such
action. The employee shall have the right to be assisted by an
authorized Union representative during this discussion.
-15-
20.3 STEP 2: In the event that the immediate supervisor does
not resolve the grievance to the satisfaction of the employee or
the Union within a period of fourteen (14) calendar days at Step
1 of this procedure, the employee or the Union Representative
shall reduce the grievance to writing and shall state: the
section (or sections) of this agreement which is alleged to have
been incorrectly interpreted or applied; an explanation of the
grievance in detail, including dates, actions and such other
information needed to understand the facts and circumstances
giving rise to the grievance; and the remedy sought. The
employee shall have the right to be assisted by an authorized
Union representative in reducing his or her grievance to writing.
The employee or Union representative shall present the written
grievance to the employee's Department Head within fourteen (14)
calendar days of the date the employee received the immediate
supervisor's response. The Department Head shall meet with the
employee and/or the employee's Union Representative within
fourteen (14) calendar days after receipt of the written
grievance for the purpose of considering the matter. The
Department Head shall reduce his or her decision to writing and
shall transmit the decision to the employee and the Union
representative within fourteen (14) calendar days of meeting with
the employee and/or the Union representative.
20.4 STEP 3: In the event that the Department Head does not
resolve the grievance to the satisfaction of the employee or the
Union representative at Step 2 of this procedure, the employee or
the Union representative shall transmit a copy of the original
grievance along with a copy of the Department Head's written
response to the Director of Personnel with a copy to the Mayor
within fourteen (14) calendar days of receipt of the Department
Head's written response. The Director of Personnel shall
consider the grievance'and may convene a meeting with the Union
representative in an attempt to resolve the grievance. The
Director of Personnel shall reduce his or her decision to writing
within fourteen (14) calendar days of receipt of the grievance
and transmit the decision to the Union.
20.5 STEP 4: In the event that the Director of Personnel ~oes
not resolve the grievance at Step 3 of this procedure, the Union
may request arbitration of the issue by written notification to
the Director of Personnel. Immediately thereafter, the parties
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.
20.6 Powers and Duties of the Arbitrator: It shall be the duty
of the arbitrator to conduct a hearing on the issue or issues
submitted by the parties for decision. The hearing shall be kept
informal and private. The arbitrator shall interpret the
provisions of this agreement as they apply to the issue or issues
submitted for decision and shall not add to, subtract from nor in
any way otherwise alter nor recommend the alteration of the terms
-16-
and conditions of the agreement in deciding the matter. As soon
as is practicable after conducting the hearing, the arbitrator
shall render a written decision which shall be binding upon the
parties.
20.7 Costs of Arbitration: The expenses of the neutral
arbitrator shall be borne equally by the parties. Each party
shall singly bear all costs related to preparing and presenting
its own case before the arbitrator, including costs of witnesses.
The party desiring a record of the proceedings shall bear the
cost of obtaining such record.
20.8 Time Limits: Time limits established in this procedure
shall be strictly adhered to but may be waived by mutual
agreement of the Union and the City. All procedures contained
herein shall be complied with as expeditiously as practicable.
ARTICLE 21 - SEVERABILITY
In the event that any provision of this Agreement is held invalid
by operation of law or by any tribunal of competent jurisdiction,
or if compliance with or enforcement of any Article should be
restrained by such tribunal pending a final determination as to
its validity, the remaining provisions of this Agreement shall
not be held invalid and shall remain in full force and effect.
The Union and the City shall immediately meet and attempt to
renegotiate any provision found invalid.
ARTICLE 22 - ENTIRE AGREEMENT
The Union and the City acknowledge that each has had the
unlimited right and opportunity to make proposals with respect to
any matter deemed a proper subject for collective bargaining.
The results of the exercise of that right are set forth in this
Agreement. Therefore, the City and the 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 23 - CONFLICTING PROVISIONS
In the event
in conflict
Regulation or
shall prevail.
that any provision of this Agreement is found to be
with any other Resolution; Ordinance; Policy;
Rule of the City, the provision of this agreement
-17-
ARTICLE 24 - TERM
This Agreement shall become effective upon January 1 1989 and
shall remain in effect through December 31 1989. All requests to
amend, modify or terminate this Agreement shall require either
party to file written notice upon the other at least sixty (60)
days prior to December 31, 1989.
This agreement is hereby submitted to the Bremerton City Council
by the City representative and the Union representative for the
Council's consideration and approval. Upon approval, this
agreement shall become binding upon the City, the Union and all
of the employees in the bargaining unit covered by this
agreement.
F~~
Caroline Marshall
Director of Personnel
FOR TEAMSTERS LOCAL #589
~~~~~.
E. Douglas sh, Jr.
Secretary-Treasurer
Form:
C'
APPROVED AND RATIFIED BY THE CITY COUNCIL THIS
~_ ,1989.
~9n day of
CITY:
Attest:
"~~~\5~
Kathleen L. MCCluskey- . - (
City Clerk
-18-