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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-