HomeMy WebLinkAboutTEAMSTERS LOCAL 589, 1990-1991
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AKENDHEHT TO. THE AGREBKEn' BY AND
THB CITY OP BREXBRTON
AND
TEANSTERS' LOCAL 589
January 1 1990 - December 31
BBTWEEN
1991
THIS AMENDMENT is made and entered into pursuant to the
provisions of RCW Chapter 41.56, as an amendment to the agreement
executed May 23, 1990, hereinafter "Agreement" by and between the
City of Bremerton, a municipal corporation of the State of
Washington, hereinafter "city" and the Teamsters' Local 589,
hereinafter "Union II.
WIT RES S B T H:
1. Appendix A incorporated in Article 6 - WAGES shall be
amended to add the following classification to Wage Grades:
Legal Secretary I
Wage Grade 5
2. The remaining provisions
full force and effect.
DATED this /a -ri.- day of
of the Agreement shall remain in
~r
, 1991.
FOR THE TEAMSTERS' LOCAL 589:
~~d.,&
Secretary, Treasu~r '
~ --"'--
ity Attorney
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ADlIDXBn TO TBB AGRBBJlBIIT BY DD BETWBBII
THB CITY 01' BRlIIIBRTOB
UD
'1'BAHB'1'BRSI LOCAL 589
January 1 1990 - Deceabar 31 1991
THIS AMENDMENT is made and entered into pursuant to the
provisions of RCW Chapter 41.56, as an amendment to the agreement
.executed May 23, 1990, hereinafter "Agreement" by and between the
city of Bremerton, a municipal corporation of the state of
Washington, hereinafter "City" and the Teamsters' Local 589,
hereinafter l'Union".
. I T II B S S B '1' H:
1. Appendix A incorporated in Article 6 - WAGES shall be
amended to add the following classifications to Wage Grades:
Animal Control/Parking Supervisor
Computer Operator - utility
Network Administrator
Payroll Specialist
PC Computer Technician
Wage Grade 12
Wage Grade 7
Wage Grade 16
Wage Grade 10
Wage Grade 8
2. The remaining provisions of the Agreement shall remain in
full force and effect.
DATED this
;:to day of
~
, 1991.
~~ THE :ITY:( ~
L!J. 1,/ /J1. .11
J.rector,
p~elations
J-
Mayor Louis Mentor
FOR THE TEAMSTERS. LOCAL 589:
/UJ ~~
Secretary, reasurer
ATTEST:
.~~\......UL---------.
Kathleen MCCluskey, City Clerk
~~~~: .
Ian R. 81 vers, City Attorney
LETTER OF UNDERSTANDING
CITY OF BREMERTON AND GENERAL TEAMSTERS LOCAL 589
The City intends to make arrangements with Kitsap Transit to
provide free bus transportation to employees working in the
downtown core. The City will issue identification passes to
eligible employees prior to January 1991. Employee uses of bus
passes will be paid by the City.
The effectiveness
evaluated by the City
operation.
and costs of the program will be jointly
and the Union after at least a year of
& THE CITY:
~ l~lJt.lA-(L.ll
Ct:::: M~
Mayor Louis Mentor
FOR THE UNION:
G/~~-4f
Earl Dougl s Bush, Jr -
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LABOR AGREEMENT BY AND BETWEEN
THE CITY OF BREMERTON AND GENERAL TEAMSTERS LOCAL NO. 589
January 1 1990 through December 31, 1991
(dates changed)
TABLE OF CONTENTS
ARTICLE
TITLE
PREAMBLE
PAGE NO.
1
1
2
NON-DISCRIMINATION
1
2.1 Non-Discriminatory Application
2.2 Non-Discrimination - Union Activity
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
7
WAGES
6.1 Wage Rates
A. New Employees:
B. Advancement through Wage Rates:
C. Advancement to Added Wage Rates:
6.2 Longevity Pay
6.3 Premium Conditions
A. standby
B. Shift Differential
6.4 Paydays
HOURS OF WORK
7.1 Normal Hours of Work
7.2 Normal Work Schedule
7.3 Meal Periods
7.4 Rest Periods
5
4
4
ARTICLE
8
9
10
11
12
13
14
....
TABLE OF CONTENTS (Paqe 2)
TITLE
PAGE NO.
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
VACATION LEAVE
9.1 Vacation Accrual
9.2 Vacation Eligibility
9.3 Vacation Scheduling
9.4 Maximum Vacation Accrual
9.5 Vacation Pay-Out
7
HOLIDAYS
10.1 HOlidays Observed
10.2 Alternative Days of Holiday Observation
10.3 Holiday Compensation
10.4 Work on a HOliday
8
SICK LEAVE AND INDUSTRIAL DISABILITY 9
11.1 Sick Leave Accrual
11.2 Maximum Sick Leave Accrual
11.3 Sick Leave Incentive
11.4 Sick Leave Retirement Payment
11.5 'Payment of sick Leave Upon Death
11.6 sick Leave Use
11.7 Notification of Sick Leave Use
A. Routine Appointments 10
B. Unanticipated Absence
c. sick Leave during Authorized Paid Leave
11.8 Sick Leave Documentation and Approval
11.9 Industrial Disability Leave 11
OTHER
12.1
12.2
12.3
12.4
PAID LEAVE
Bereavement Leave
Jury Duty, witness Leave
Military Duty Leave
Emergency Leave
RETIREMENT BENEFITS
12
INSURANCE BENEFITS
Medical and Dental Insurance
ARTICLE
15
16
17
18
19
20
21
21.
22
2;3
24
TITLE
WORK
15.1
15.2
15.3
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TABLE OF CONTENTS (Paqe 3)
PAGE NO.
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
DRUG FREE WORKPLACE
18.1 controlled Substances
18.2 Prescription or Over-the-Counter Drug Use
18.3 Employee Sanctions
18.4 Employee Assistance Program
18.5 Drug Abuse Education Program
18.6 Confidentiality
MANAGEMENT RIGHTS
WORK STOPPAGES
GRIEVANCE PROCEDURE
20.1 Definitions
A. Grievance
B. civil Service Appeal
C. Unfair Labor Practice
D. EEO complaint
Step 1
step 2
step 3
step 4
Powers and Duties of the Arbitrator
Costs of Arbitration
Time Limits
20.2
20.3
20.4
20.5
20.6
20.7
20.8
SEVERABILITY
ENTIRE AGREEMENT
CONFLICTING PROVISIONS
TERM
APPENDIX A Wage Rates Effective January 1 1990
Wage Rates Effective January 1 1991
APPENDIX B City Contributions to Employee Health
and Dental Insurance Premiums
12
13
14
15
16
17
18
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LABOR AGREEMENT BY AND BETWEEN
THE
CITY 01' BREMERTON
and
GENERAL TEAMSTERS LOCAL NO. 589
January 1, 1990 through December 31, 1991
ARTICLB 1 - PRBAMBLE
This Agreement is made and entered into pursuant to the prov~s~ons
of RCW Chapter 41.56 by and betwee.n 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 agreement for employees included
in the bargaining unit described in Article 3 below.
ARTICLE 2 - NON-DISCRIMINATION
2.1 Non-Discriminatorv Aoplication: 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 Emolovees: 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.
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3.3 Emolovees 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
Ci ty . 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.
ARTICLB 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 resti tution in the amount which is overdue. Should the
employee make such restitution, the request for discharge shall be
withdrawn.
4.3 New Emolovees: 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 subj ect,
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.
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4.4 Refusal to Join union: An employee who refuses to join the
union on the basis of bona fide religious tenets or teachings 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 Membershio Termination: Notwithstanding the provisions of
Sections 4.2, 4. 3 and 4.4 above, an employee subj ect 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 the City
harmless from any and all liability resulting from the dues and
fees deduction provisions specified in this Article.
ARTICLE 5 - UNION ACCESS
5.1 Union Reoresentatives: The Union shall provide 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 and duties of an affected employee or of other on-duty
employees.
5.2 Shoo Stewards: The Union shall have the right to appoint one
(1) Shop Steward for each of the following areas:
City Hall . Parks Department
Community Development/Engineering Streets
Electronics Water Utility
The Union shall provide written notification to the Personnel
Director of the name and assigned areas of all Shop Stewards
appointed by the Union. 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 Steward 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 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.
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ARTICLE 6 - WAGES
6.1 Waae Rates: Wages shall be paid as set forth in Appendix A
which is attached hereto and made a part hereof.
A. New Employees: A new employee's wage rate shall be set
at step A of the wage scale except that a new employee 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 Wage 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 1 1989, 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 was not at
pay grade 7E on December 31 1988, 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 Longevitv Pay: Longevity pay shall be applied to the base
hourly pay rate of each employee for years of completed continuous
employment on the following basis:
commencing
Commencing
Commencing
. Commencing
o through 5 years' continuous emploYment- 0%
6 through 10 years' continuous employment - 1%
11 through 15 years' continuous employment - 2%
16 through 20 years' continuous employment - 3%
21 years and over continuous employment - 4%
6.3 Premium Conditions:
A. StandbY: An employee who is placed on standby status
requiring the employee to be immediately available to report
for duty shall be compensated at the rate of six dollars
($6) per day of standby duty. - 4 -
B. Shift Differential: An employee assigned to work a
shift schedule which begins at 12 noon or later and earlier
than 6 a.m. shall be compensated a shift differential of
fifty cents ($.50) per hour for each hour of the shift so
worked.
6.4 Paydays: Paydays shall be the 7th and 22nd of each month. If
a payday falls on a Saturday, Sunday, or on a Monday holiday, the
City will make every effort to distribute pay checks on Friday.
ARTICLB 7 - HOURS OP 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 employees shall be the number
of hours per week that the Department Head schedules which shall
not exceed forty (40) hours per week and 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 .shallconsist of five (5) consecutive eight (8)
hour days or four (4) consecutive ten (10) hour days. The normal
work schedule for regular part time employees 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 one-half hour
and no more than one hour shall be provided no sooner than two
hours and no later than five hours from the beginning 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 required to work more than
three hours without a rest period. Where the nature of 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.
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ARTICLE 8 - OVERTIME
8.1 Overtime Defined: Overtime is all required and authorized
work performed in excess of a full time employee I s normal work
schedule. Overtime includes required training, instruction,
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 p~rt time employees 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 Com~ensation: 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 prior to October 15 of each year which has been approved
by the department to take the time off, 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 or her normal work
hours and who is called back to work for a periOd of time which is
less than two (2) hours shall receive a minimum of two hours of
overtime compensation for the first call back 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 same 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 Subooenaed Aooearances: 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.
ARTICLE 9 - VACATION LEAVE
9.1 Vacation Accrual: Employees shall accrue vacation time with
pay for all regularly scheduled work time including paid leave time
pursuant to the following schedule:
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Period of Continuous
Full Time Employment
Date of Hire through
5 years
6th year
7th year
8th year
9th year
lOth year
11th year
12th year
13th year
14th year
15th year
16th year
17th year and thereafter
Hours Accrued/Year
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 Eliaibility: An employee normally becomes eligible
to take accrued vacation time upon completion of six (6) .months of
continuous employment. An employee I s supervisor may grant vacation
leave at an earlier time if workload scheduling would be better
managed as a result. 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 Scheduling: Annual vacation leave shall b~ mutually
scheduled between the employee and his or her Department Head.
Vacation leave must be approved by the Department Head prior to an
employee taking the time off.
9.4 Maximum Vacation Accrual: The maximum number of' vacation
accrual hours that any employee shall be allowed to carry 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
calendar year. An employee who fails to request scheduled vacation
time during the year and whose accrued vacation hours exceed the
maximum carry over balance at the end of the calendar year shall
forfeit such excess vacation hours.
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9.5 Vacation Pay-out: Upon the retirement or termination of an
employee, 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 Holidays Observed: The following holidays shall be observed
by the City:
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 take~ 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 ComDensation: 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 employee must work or be on authorized
paid leave on the scheduled work day prior to or the scheduled work
day immediately after each holiday.
10.4 Work on a Holiday: An employee required to work on:a holiday
shall be compensated at one and one-half times the employee IS
regular straight time rate of pay for the time worked i~ addition
to regular holiday pay provided in 10.3 above.
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ARTICLE 11 - SICK LEAVE AND INDUSTRIAL DISABILITY
11.1 sick Leave Accrual: Employees shall accrue sick ~eave 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 takes 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 retirement 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 employee'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 paid 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 each employee I 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 hi's 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 unde~ 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.
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:
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A. Routine ADpointments: 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 I spaid
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 ADDroval: 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 physiciants
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 able to return to work
and assume his or her normal duties prior to the employee returning
to work or, in the event the employee has appeared at work, prior
to resuming work. If the department does not allow the employee to
return to work due to a need for certification, the employee will
be allowed to continue the use of sick leave.
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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,
grandchildren of both the employee and the employee's spouse. All
time off for bereavement leave may 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. witness Leave: An employee shall be granted leave
of absence with pay for the purpose of reporting to: 1) Jury Duty
or 2) serving as a witness as the result of a case related to his
or her employment. Any fees received by the employee for the
performance of such duties shall be assigned to the City.
12.3 Military 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 Emergencv 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 absence.
Such emergency leave may be charged to an employee's unused
vacation, floating holiday or compensatory time leave balance.
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ARTICLE 13 - RETIREMENT BENEFITS
Each employee shall be enrolled in the Washington state ~etirement
system for which he or she qualifies. contributions to the
Retirement system shall be made on a pre-tax basis. Each employee
shall be covered by the federal Social Security Act.
ARTICLE 14 - INSURANCE BENEFITS
Medical and Dental Insurance: The City shall make available to
employees and their dependents and provide for city contributions
toward monthly insurance premiums as provided in Appendix B.
ARTICLE 15 - WORK RELATED EXPENSES
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 Exoense: 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.
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ARTICLE 16 - StJBCON'l'RACTI:NG 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 transfer 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 their existing balance. Individuals
transferred shall also be placed on civil Service Reinstatement
Registers in accordance with existing rules.
ARTICLB 17 - MUNICIPAL COURT NON-CIVIL SERVICE EMPLOYEES EMPLOYMENT
RIGHTS
17.1 Hiring: 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 DisciD1ine 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 employees 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 Layoff: Layoff of Municipal Court employees shall be
accomplished by ~eniority from date of hire within the series of
classifications grouped as follows:
Group 1: Legal Technician II
Legal Technician I
Group 2: Probation Officer
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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 Emnloyees: Employees covered by civil Service
shall be hired, disciplined and discharged in conformance with
Civil Service Rules.
ARTICLE 18 - nRUGFRBE WORKPLACB
The maintenance of a drug-free workplace is essential to the safety
and welfare of City employees. The following provisions shall
apply to employees covered by this agreement:
18.1 Controlled Substances
A. The unlawful manufacturing, distributing, dispensing,
possessing or using of a controlled substance or alcohol in the
workplace is prohibited. Reporting to work under the influence of
a controlled substance or alcohol is prohibited.
B. As a condition of employment, all employees must notify
their department head of any criminal drug statute conviction for
a violation occurring in the workplace no later than five days
after such a conviction.
18.2 Prescrintion or Over-the-Counter Druq Use: The use of
prescription and over-the-counter drugs which compromise safety in
the workplace or the quality of the employee I s work product is
prohibited.
18.3 Emplovee Sanctions: It is the responsibility of every
employee to be aware of the above provisions and to abide by them.
Failure to observe these prqvisions could result in immediate
disciplinary action against the employee, up to and including
termination. The employee may be required to participate
satisfactorily in an alcohol or drug abuse assistance or
rehabilitation program in accordance with the provisions of the
Employee Assistance Program.
18.4 Emnlovee Assistance Program: The City is committed to
supporting employees undergoing treatment and rehabilitation for
alcohol or other chemical dependency. The City will provide
information to employees on available drug counseling and
rehabilitation programs through the Employee Assistance Program.
18.5 i Druq Abuse Education Program: The City will utilize all
available City resources, such as the Police Department's D.A.R.E.
program, to educate employees as to the dangers of drug abuse.
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18.6 Confidentiality: The confidentiality of all complaints and
reported violations of the provisions of this policy will be
strictly maintained, except as required by public disclosure laws
or court orders.
ARTICLE 19 - HA5AGBKBNT 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 to, 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.
ARTICLE 20 - 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.
ARTICLB 21 - GRIEVANCE PROCEDURE
21.1 Definitions:
A. Grievance: A grievance is a question or challenge
raised by an employee or the Union as to the correct
interpretation or application of this Agreement by the City.
SUch a question or challenge is to be resolved through this
Grievance Procedure.
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 procedure 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 resol vahle
through this Grievance Procedure.
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D. EEO Complaint: An EEO 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 investigating such
matters.
21.2 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.
21.3 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 wi thin fourteen (14) calendar
days of meeting with the employee and/or the Union representative.
21.4 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.
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21.5 STEP 4: In the event that the Director of Personnel does 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.
21.6 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
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.
21. 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.
21. 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 22 - 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 23 - 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.
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ARTICLE 23 -CONFLICTING PROVISIONS
In the event that any provision of this Agreement is found to be in
conflict with any other Resolution, Ordinance, POlicy, Regulation
or Rule of the City, the provision of this agreement shall prevail.
ARTICLB 24 - TERM
This Agreement shall become effective upon January 1 1990 and shall
remain in effect through December 31 1991. 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, 1991.
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.
FOR THE C:TY:~
~_#.t~1 . n/L
Caroline Marshall
Director of Personnel
'-..
City Attorney
THE CITY COUNCIL THIS ~ S day of
~~ , 193.Q.
.:i
D ON BEHALF CITY:
APPROVED AND RATIFIED BY
Attest:
Kathleen L. McClus
City Clerk .
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