HomeMy WebLinkAboutTEAMSTERS LOCAL 589, 1992-1994
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AMENDMENT TO THE AGREEMENT BY AND BETWEEN
THE CITY OF BREMERTON
AND
TEAMSTERS' LOCAL 589
January 1, 1992 . December 31, 1994
THIS AMENDMENT is made and entered into pursuant to the provisions of RCW Chapter
41.56, as an amendment to the agreement executed December 30, 1991, hereinafter 'IAgreement" by
and between the City of. Bremerton, a municipal corporation of the State of Washington,
hereinafter "City" and the Teamsters' Local 589, hereinafter "Union".
WITNESSETH:
1. Appendix A incorporated in Article 6 . WAGES shall be amended to add the
following classification to Wage Grades:
Building and Development Specialist I
Building and Development Specialist n
Building Specialist III
Electrician I
Journey-Level Electrician
Wage Grade 9
Wage Grade 13
Wage Grade 14
Wage Grade 11
Wage Grade 14
2.
The remaining provisions of the Agreement shall remain in full force and effect.
tJ rlJ-' , 1992.
5
day of
DATED this
F5?f TH~CI1Y:
(~1.A-Ji?~ HJtl~d~--t.f_
Caro Marshall Director
:(~~~ytr~
Mayor Louis Mentor \
FOR THE
&~
E. Douglas Bu Jr.
Secretary/Treasurer
A'ITEST:
~ ~Ca.. ~
Kathleen McCluskey, City Clerk
AS TO FORM:
~
Ian R. ievers, City Attorney
.( J T 'I U f .B 1\ L l'vI L R TON-
AMENDMENT TO THE AGREEMENT BY AND BE1WEEN
THE CITY OF BREMERTON
AND
TEAMSTERS' LOCAL 589
January 1, 1992 - December 31, 1994
THIS AMENDMENT is made and entered into pursuant to the provisions of RCW Chapter
41.56, as an amendment to the agreement executed December 30,1991, 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".
WITNESSETH:
1. Appendix A incorporated in Article 6 . WAGES shall be amended to add the
following classification to Wage Grades:
Building and Development Specialist I
Building and Development Specialist II
Building Specialist III
Electrician I
Journey-Level Electrician
Water Quality Technician
Wage Grade 9
Wage Grade 13
Wage Grade 14
Wage Grade 11
Wage Grade 14
Wage Grade 10
2. The remaining provisions of the Agreement shan remain in full force and effect.
DATED this
!J
day of
/Jl6v
, 1992.
FOR THE CITY:
~'~4~~
Director ersonnel
:t:-w~
Mayor Louis Mentor
FOR THE TEAMSTERS' LOCAL 589
~A~~~
Secretary; Treas rer -
ATTEST:
'<. ~ 'N\.c.(0- ~ _
Kathleen McCluskey, City Clerk
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D AS TO FORM:
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AMENDMENT TO THE AGREEMENT BY AND BETWEEN
THE CITY OF BREMERTON
AND
TEAMSTERS'LOCAL589
January 1, 1992 - December 31, 1994
THIS AMENDMENT Is made and entered Into pursuant to the provisions of RCW Chapter
41.56, as an amendment to the agreement executed December 30, 1991, hereinafter
"Agreement" by and between the City of Bremerton, a municipal corporation of the State of
Washington', hereinafter "City" and the General Teamsters Union Local 589, hereinafter "Union",
WIT N E SSE T H:
1. Article 16 MUNICIPAL COURT NON-CIVIL SERVICE EMPLOYEES EMPLOYMENT
RIGHTS, 16,4 ~ shall be amended to add the following classification to Group 1: Legal
Technician III.
2. Appendix A incorporated in Article 6 . WAGES shall be amended to add the following
classification to Wage Grades:
Legal Technician 1/1
Wage Grade 9
(
3. The'remaining provisions ofthe Agreement shall remain in full force and effect.
DATED this / f tL day of
TO FORM:
~
ievers, City Attorney
FOR THE GENERAL TEAMSTERS LOCAL 589:
~,()~~cJ&..'f-
Secretary I Tre urer
," C" -\- .~
~VY\. \\~ .--' ~ \A~
LETTER OF UNDERSTANDING
BETWEEN
THE CITY OF BREMERTON
AND
THE TEAMSTERS' LOCAL 589
\
It Is hereby mutually understood:
REIMBURSED EXPENSES
A non-uniform represented employee (hereinafter referred to as employee) of the City while
on approved City business, shall be entitled to reimbursement of expenditures under this
letter of understandIng. "
Reimbursement for lodgIng Is allowed under the City's AdministratIve policies and
procedures No. 3-1 "Employee Expense Reimbursement", when the employee Is requIred
to travel out of town and which Includes overnight accommodations. A receipt Is required
for proof of out of town accommodations In order to qualify for reImbursement. The City
will also reimburse an employee 10r mileage expense and prewpay any other form of
transportation cost to arrive and return f~om destination.
An employee who Is traveling out of town for a day(s) which does not Include overnight
accommodatIons shall be reimbursed the cost of expenditures as set forth In AdminIstrative
Policies and Procedures No. 3-1. Proper documentation must be submitted for expenditures
(bill, Invoice, cash register receIpt or other evidence of a transaction) and approved by the
Department Head or Mayor. An employee required to travel out of town and which Includes
. overnight accommodations shall be reimbursed on the 1st day 01 travel and the return day
of travel at the rates as set forth In the City's Administrative Policies and Procedures No.
3-1. All days In between days of travel shall be reimbursed at the per diem rate of $40.00
per day. No documentation for out of pocket expenses will be required when an employee
receives th~ per diem rate.
DATED THIS I to ~ day of --rn~
,1992.
FOR THE ~I"!",: I
e~~.tLL-1-
Caroline Marshall, Director
Personnel/Labor Relations
j
;lo,
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AMENDMENT TO THE AGRERENT BY AND BETWEEN
TIE CITY OF BREIIERTON
AND
TEAIISTERS' LOCAL 589
January 1, 1992 - December 31, 1994
THIS AMENDMENT Is made and entered Into pursuant to the provisions of ReW
Chapter 41.56, as an amendment to the agreement executed December 30, 1991, hereinafter
"Agreement" by and between the Ctty of Bremerton, a municipal corporation of the State
of Wathlngton, hereinafter IICIty" and the Teamsters' Local 589, herei,nafter "Unlon".
WITNESSETH:
1. Appendix A Incorporated In Article 6 - WAGES shall be amended to add the
following claulflcatlon to Wage Grades:
Department Secretary
Wage Grade 9
2.
effect.
The remaining provisions of the Agreement shall remain In full force and
DATED this fn tA.- day of y!~ ,1992.
I
~;:Crr:': ~
d~~
Director Personnel/
Labor lations
fTTEST:
~~~ -~(Q -
Kathleen McCluskey, City Clerk
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LABOR AGREEMENT BY AND BETWEEN
THE CITY OF BREMERTON
CateWAY to tlte Olympics /J1Id Home of thl.' Puget Sound NIlV41 ShipYlmi
America's Most Liveable City
AND
TEAMSTERS' LOCAL 589
JANUARY 1, 1992 -
DECEMBER 31, 1994
LABOR AGREEMENT BY AND BETWEEN
THE
CITY OF BREMERTON
and
GENERAL TEAMSTERS LOCAL UNION NO. 589
January 1, 1992 through December 31, 1994
ARTICLE PAGE
PREAMBLE 1
ARTICLE 1. NON-DI.SCRJ:KINATION
1.1 Non-Discriminatory Application
1.2 Non-Discrimination - Union Activity
ARTICLE 2. RECOGNITION
2.1 Represented Employees
2.2 Classifications Excluded
2.3 Employees Excluded
2.4 New Classifications
2
ARTICLE 3. UNION DOES
3.1 Dues Deductions
3.2 Maintenance of Membership
3.3 New Employees
3.4 Refusal to Join Union
3.5 Membership Termination
3.6 Indemnification
3
ARTICLE 4. UNION ACCESS
4.1 Union Representatives
4.2 Shop Stewards
ARTICLE s. WAGES
4
5.1 Wage Rates
A. New Employees
B. Advancement through Wage Rates
5.2 Longevity Pay
5.3 Premium Conditions
A. Standby
B. Shift Differential
5.4 Paydays
5
ARTICLE 6. HOORS OF WORK
6.1 Normal Hours of Work
6.2 Normal Work Schedule
6.3 Meal Periods
6.4 Rest Periods
6
ARTICLE 7. OVERTIME
7.1 Overtime Defined
7.2 Overtime Compensation
7.3 Call Back Minimum Overtime
7.4 Call Back for Animal Control
7.5 Court and/or Subpoenaed Appearances
6
7
ARTICLE 8. VACATION LEAVE
8.1
8.2
8.3
8.4
8.5
8.6
Vacation Accrual
Vacation Eligibility
Vacation Scheduling
Maximum Vacation Accrual
Vacation Pay-out
Shared Vacation Leave
A. Eligibility
B. criteria for Approval
c. Conditions of Donation
D. Use of Donated Leave
8
9
ARTICLE 9. HOLIDAYS
10
9.1 Holidays Observed
9.2 Alternative days of Holiday Observation
9.3 Holiday Compensation
9.4 Work on a Holiday
ARTICLE 10. SICK LEAVE AND INDOSTRIAL DISABILITY
10.1
10.2
10.3
10.4
10.5
10.6
10.7
10.8
10.9
11
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
A. Routine Appointments
B. Unanticipated Absence
C. sick Leave during Authorized Paid Leave
Sick Leave Documentation and Approval
Industrial Disability Leave
12
13
ARTICLB 11. OTHER PAID LEAVE
11.1
11.2
11.3
11.4
Bereavement Leave
Jury Duty, Witness Leave
Military Duty Leave
Emergency Leave
14
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ARTICLE 12. RETIREMENT BENEFITS
14
ARTICLE 13. INSURANCE BENEFITS
13.1
13.2
13.2
13.3
Medical and Dental Insurance
Insurance.Premium Payments
Dental Insurance
Insurance Reserves, Rebates and Surpluses
15
ARTICLE 14. WORlC RELATED EXPENSES
14.1 Purchase of Uniforms
14.2 Maintenance of certifications
14.3 Meal Expense
14.4 Out-of-Area Travel Expense
ARTICLE 15. SUBCONTRACTING WORK
16
ARTICLE 16. MUNICIPAL COURT NON-CIVIL SERVICE EMPLOYEES EXPLOYMENT
RIGHTS.
16.1
16.2
16.3
16.4
16.5
Hiring
Promotional Probation
Discipline and Discharge
Layoff
Civil Service Employees
17
ARTICLE 17. DRUG l!'UE WORK PLACE
17.1
17.2
17.3
17.4
17.5
17.6
Controlled Substances
Prescription or Over-the-Counter Drug Use
Employee Sanctions
Employee Assistance Program
Drug Abuse Education Program
confidentiality
18
ARTICLE 18. BOS PASSES
ARTICLE 19. XAJfAGEKBNT RIGHTS
ARTICLB 20. WORI: STOPPAGES
19
ARTICLE 21. GRIEVANCE PROCEDURE
21.1
21.2
21.3
21.4
Definitions:
A. Grievance
B. Civil Service Appeal
C. Unfair Labor Practice
D. EEO Complaint
STEP 1
STEP 2
STEP 3
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21.5
21.6
21. 7
21. 8
STEP 4
Powers and Duties of the Arbitrator
Costs of Arbitration
Time Limits
21
ARTICLE 22. SEVERABILITY
ARTICLE 23. ENTIRE AGREEKENT
ARTICLE 24. CONFLICTING PROVISIONS
ARTICLE 25. TERM
22
APPBNDIX A WAGES
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LABOR AGREEMENT BY AND BETWEEN
THE
CITY OF BREMERTON
and
GENERAL TEAMSTERS LOCAL UNION NO. 589
January 1, 1992 through December 31, 1994
PRBAKBLB
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 union' No. 589
herein~fter known as thia "Union" for the purpose of setting forth
the wages, hours and working conditions which shall be in effect
during the term of this agreement for employees included in the
bargaining unit described in ArtiCle 2 below. .
ARTICLE 1. IfOH-DISCRIXIDTIOII
1.1 Non-Discriminatory A'DDlication: 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.
1.2 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 2. RBCOGIIITIOII
2.1 ReDresented EmDlovees: 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 uni t during the term of this Agreement by mutual
agreement or by official action of the Public Employment Relations
Commission.
2.2 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.
2. J 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.
2.4 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 3. OKlO. DOBS
3.1 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.
3.2 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 (30) 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.
3.3 New Emolovees: Employees hired on or after the execution date
of this Agreement shall, within thirty (30) days of their
respective date of employment, achieve good standingcin 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
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for restitution as specified in Section 3.2 above. The City will
notify the Union of newly employed bargaining unit employees as
they are hired so a shop steward may be available at time of
orientation.
3.4 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.
3.5 MembershiD Termination: Notwithstanding the provisions of
sections 3.2, 3.3 and 3.4 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.
3.6 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 4. DIO:N ACCESS
4.1 Union ReDresentatives: 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.
4.2 Shop Stewards: The Union shall have the right to appoint one
(1) Shop Steward for each of the following areas:
City Hall Parks Department
Communi ty 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 work places 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
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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.
ARTICLE 5. WAGES
5.1 Wage Rates: Wages shall be paid as set forth in Appendix A
which is attached hereto and made a part hereof.
Wage rates shall be adjusted by 90% of the July 1992 CPI-W
Seattle with a minimum adjustment of 2.5% and a maximum adjustment
of 6% plus an additional 1% effective January 1, 1993.
Wage rates shall be adjusted by 90% of the July 1993 CPI-W
Seattle with a minimum adjustment of 2.5% and a maximum adjustment
of 6% plus an additional 1% effective January 1, 1994.
A. New EmDloyees: 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 I s wage rate at a step higher
than A must be recommended by the Personnel Director and
approved by the Mayor.
B. Advancement throuah 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. Waae Rate upon Placement at New Waae Grade:
1) In the event an employee is moved from one
classification to another classification which is at a lower
wage grade or, if an employee's classification is moved from
one wage grade to a lower wage grade, the employee's wage rate
at the lower wage grade shall be set at that step which is
closest to, equal to, but not greater than the wage rate he or
she was receiving at the former wage grade. All time the
employee had served at the former step toward advancement to
the next step of the former wage grade pursuant to B above
shall be used in determining the time required to advance to
the next step of the new wage grade.
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2) In the event an employee is moved from one
classification to another classification which is at a higher
wage grade or, if an employeels classification is moved from
one wage grade to a higher wage grade, the employeels wage
rate at the higher wage grade shall be set at the next step
which is higher than the wage rate he or she was receiving at
the former wage grade. All time the employee had served at
the former step toward advancement to the next step of the
former wage grade pursuant to B above shall be used in
determining the time required to advance to the next step of
the new wage grade.
5.2 Longevitv Pay: Longevity pay shall be applied to the base
hourly pay rate of ~ach 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 I continuous employment - 2%
16 through 20 years' continuous employment - 3%
21 years and over continuous employment - 4%
5.3 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
($6) per day of standby duty. An employee on standby shall be
provided with a radio that has a police frequency.
B. Shift Differential: An employee assigned to work a
shift schedule which begins at 12 noon or later and earlier
than 6 a,.m. shall be compensated a shift differential of
fifty cents ($.50) per hour for each hour of the shift so.
worked.
5.4 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 6. HOORS 01' WORK
6.1 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.
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6.2 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) 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.
6.3 Meal Periods: A lunch period of no less than one-half (1/2)
hour and no more than one (1) hour shall be provided no sooner than
two hours and no later than five (5) hours from the beginning of
each eight (8) or ten (10) hour work period. No employee shall be
required to work more than five (5) consecutive hours without a
meal period. An employee who works three (3) 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.
6.4 Rest Periods: A paid rest period of fifteen (15) minutes
within each four (4) or five (5) 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 (3) 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.
ARTICLB 7. OVBR'l'.IKB
7.1 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, 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 part 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.
7 · 2 Overtime Compensation: Overtime work shall be compensated at
the rate of one and oneMhalf (1 1/2) 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
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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
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.
7.3 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.
7.4 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.
7.5 Court and/or SubDoenaed ADDearances: 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 8. VACATION LEAVB
8.1 Vacation Accrual: Employees shall accrue vacation time with
pay for all regularly scheduled work time including paid holiday, .
sick leave, vacation and other leave time and excluding time for
which workers' compensation time loss benefits are paid pursuant to
the following schedule:
Period of Continuous
Full Time EmDloyment
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
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
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8.2 Vacation Eligibilitv: An employee becomes eligible to take
accrued vacation time upon completion of six (6) months of
continuous employment. An employee's supervisor may grant vacation
leave at an earlier time if workload scheduling would b~ better
managed as a result. Vacation time must be taken in segments of
one-quarter (1/4) hour or more. Vacation time must be earned in
the pay period prior to the time an employee takes any vacation
time off.
8.3 Vacation Scheduling: Annual vacation leave shall be 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.
8 . 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
sufficien~ 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.
8.5 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 I s straight time
hourly rate.
8.6 Shared Vacation Leave: Shared leave permits employees, at no
additional cost to the City other than the costs of administering
the program, to aid a fellow employee who is suffering from an
extraordinary or severe illness, injury, impairment, physical or
mental condition which has caused or is likely to ca\lse the
employee to take leave without payor to terminate his or her
employment prior to a determination that the affected employee is
not expected to recover to an extent that will enable the employee
to resume his or her normal duties or the duties of another
position with the City or another employer.
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A. Eliaibility: An employee 1) who has completed one full
year of employment, and 2) who is suffering from an illness or
injury causing his or her extended absence from work, and 3) who
has depleted or will shortly deplete his or her total available
accrued compensatory time and paid vacation, sick and floating
holiday leave, and 4) who has not received mQre than a total of six
months (13l working days) pf shared leave throughout the employee's
employment may request shared vacation leave donations.
B. Criteria for ADDroval: A request for shared vacation
leave donations is to be submitted to the requesting employee's
Department Head accompanied with medical documentation verifying
the medical condition requiring the need for leave and the time
period during which the employee can reasonably be expected to be
absent from work due to the condition. Upon verifying that the
requesting employee meets all of the eligibility requirements in A
above and upon determining that the medical documentation received
provides appropriate verification of the medical condition and time
period involved, the Department Head shall recommend the employee's
request for shared vacation leave donations be approved by the
Mayor. The Mayor shall review the request to assure that all of the
requirements set forth in this subsection have been met and, if so,
shall approve the employee's request for vacation leave donations.
C. Conditions of Donation: An employee who desires to donate
accrued vacation leave to a donee employee shall do so VOluntarily.
Donations shall be made in one hour increments. The employee who
donates vacation leave shall fill out the form relinquishing his or
her vested right to the donated leave as prescribed by the City and
submit the form to his or her Department Head. Upon approval of his
or her Department Head, the donated vacation leave shall be
transferred to the donee employee's vacation leave balance with the
next payroll report. Once so transferred, the donated vacation
leave becom~s a vested right of the employee to whom it was donated
and shall not revert back to the donor employee under any
circumstances.
D. Use of Donated Leave: An employee who has received
donated shared vacation leave shall be able to use the leave in the
same manner as if he or she had personally accrued the leave
provided that the use of or payment for the leave is in conformance
with the provisions of this Article.
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ARTICLB 9.
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HOLIDAYS
9.1 Holidays Observed: The following holidays shall be observed
by the City:
HOLIDAY
New Year's Day
Martin Luther Kingts 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 hol iday legally proclaimed by the
Federal or State government, provided that the city takes official
action to have such holiday also observed by the city.
9.2 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.
9.3 Holiday Compensation: 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.
9.4 Work on a Holiday: An employee require4 to work on a holiday
shall be compensated at one and one-half (1 1/2) times the
employeets regular straight time rate of pay for the time worked in
addition to regular holiday pay provided in 9.3. above.
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ARTICLB 10. SICK LEAVE AND INDUSTRIAL DISABILITY
10.1 Sick Leave Accrual: Employees shall accrue sick leave time
with pay at the rate of .046154 hours for each regular hour worked,
including paid holiday, sick leave, vacation and other leave time
and excluding time for which workers' compensation time loss
benefits are paid. The maximum annual accrual will be ninety six
(96) hours.
10.2 Maximum Sick Leave Accrual: Employees shall be able to
accrue sick leave to a maximum of 1200 hours on January 1 of each
ye,ar.
10.3 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.
10.4 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.
10.5 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.
10.6 Sick Leave Use:. Sick leave must be accrued in the pay period
prior to use by an employee. Sick leave shall be made available to
each employee up to the amount of each employee r s accrued sick
leave balance and shall be used in increments of no less than one-
quarter (1/4) 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.
D. Upon the birth or adoption of a child, a father may use up
to three (3) d~ys of accrued. sick leave.
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E. Providing care for an employee's immediate family member
when the family member has a health condition that requires
the assistance of an adult caretaker until such time as other
care can be arranged. No more than ten (10) days of sick leave
time can be used for this purpose per calendar year.
10.7 Notification of Sick Leave Use: An employee who is absent or
expects to be absent from work due to causes specified in 10.6
above, shall provide notification as follows:
A. Routine ApDointments: 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. Unanticioated 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
10.6 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 preceding 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 durina' 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.
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10.8 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'~ 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 an employee's, child's or family member's 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. 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.
10~9 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 Workers' 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.
ARTXCLE 11. OTHER PAID LEAVB
11.1 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.
11. 2 Jurv Dutv. 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.
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11.3 Military Duty Leave: A leave of absence with pay for a
period not to exceed fifteen (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.
11.4 Emeraency Leave: In the event of an unforeseen emergency
which requires the absence o.f an employee, the employee shall
promptly notify his or her immediate supervisor, or in the absence
of the immediate supervisor, the manager on duty in the Department
within the first one-half hour of each work day or, if possible,
within the one-half (1/2) 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.
ARTICLE 12. RB'1'IRBKBII'1' BEJlBI'I'1'S
Each employee shall be enrolled in the Washington state Retirement
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 13. INSURANCB BBNEI'I'1'S
13.1 Medical and Dental Insurance: The City shall make medical
insurance coverage available to employees and their dependents as
follows:
Kitsap Physician's Service Plan B
Group Health Cooperative
13.2 Insurance Premium Payments: Payment of insurance premiums
shall be made as follows:
Employee premium paid in full by the City.
contribution toward dependent coverage shall be
dollars per month per dependent to a maximum of
($21) dollars per month for full family coverage.
In the event the City negotiates an agreement with both the
Police and Fire bargaining units during the term of this agreement
which provides for employee contributions toward dependent coverage
greater than seven ($7) dollars per month per dependent to a
maximum of twenty one ($21) dollars per month for full family
coverage or if employee contributions are changed to a percentage
of premium for dependent coverage, the same arrangement will become
effective for the employees covered by the terms of this agreement
at the same time as it becomes effective for employees covered by
such other agreement.
Employee
seven ($7)
twenty one
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13.3 Dental Insurance: The City shall provide the same benefit
levels as are contained in the Washington Dental service Plan A
dental program for employees and their dependents and provide for
full payment of insurance premiums.
13.4 Insurance Reserves. Rebates and Surcluses: The city shall
require the KPS medical plan provider to provide a structured
accounting to the City at least annually. Such accounting shall
include plan utilizations, all reserve accounts maintained for the
plan, interest earned on reserves, administration costs and
coinsurance (pooling) costs. This accounting shall be made
available to the Union upon request. The City agrees that any
premium rebates, interest rebates, surplus reserve account rebates
or any other monetary returns to the employer from the insurance
providers together with subsequent interest earnings thereon shall
be used exclusively to defray the costs of premium increases in the
Plan or to increase benefit levels.
ARTICLE 14. WORK aBLATED BZPEMSBS
14.1 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.
14.2 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.
14.3 Meal EXDense: Effective upon the first day of the pay period
following approval of this agreement, the City will reimburse an
employee up to eight ($8) dollars 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.
14.4 Out-of-Area Travel E~ense: An employee whose attendance at
an out-of-area conference, training session or other event is
authorized by his or her Department Head shall have his or her
registration fees, airfare or other transport costs, and single
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hotel room expense paid for by the city. In addition, the employee
will receive forty ($40) dollars for each day spent out of the area
as a per diem expense amount which shall cover all expenses for
meals, taxis, fares, cleaning, and other incidentals related to
out-of-area travel. '
UTrCLI 15. SUBCOJrrRACTIBa 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 one hundred twenty (120) calendar days. The City
will make every effort to ensure the contracting firm has similar
benefit entitlement. Upon transfer to the firm, employees will be
cashed out all vacation leave entitlement as provided by current
agreement. Sick leave entitlement 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 16. MUliICIPAL COURT NOB-CIVIL SBRVICB BMPLOYBBS EXPLOYKBBT
RrGB'l'S.
16.1 Hiring: The Department shall hire and promote employees of
the Municipal Court Department in conformance with federal, state
and local laws governing hiring practices. Newly hired employees
shall serve a six month (6) probationary period during which period
the employee may be terminated without cause Any employee
terminated during the probationary period shall have no recourse to
the grievance procedure.
16.2 Promotional Probation: Newly promoted employee's shall serve
a six month (6) probationary period during which period the
employee may be reduced to his or her former position in the Court
at the discretion of the Municipal Court. Any employee reduced
during the probationary period shall have no recourse to the
grievance procedure.
16.3 DisciDline and Discharge: 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
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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.
16.4 Lavoff: Employees subj ect to layoff shall be provided thirty
(30) calendar days written notice prior to the effective date of
layoff. 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
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 laid off by seniority, he or she shall
exercise their rights under the Civil service layoff procedures.
Group 2: Probation Officer
16.5 civil Service EmDloyees: Employees covered by Civil service
shall be hired, disciplined and discharged in conformance with
civil Service Rules.
U'l'ICLB 17. DRUG I'UB .OU PLACB
The maintenance of a drug-free work place is essential to the
safety and welfare of City employees. The following provisions
shall apply to employees covered by this agreement:
17.1 Controlled Substa~ces
A. The unlawful manufacturing, distributing, dispensing,
possessing or using of a controlled substance or alcohol in the
work place 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 work place no later than five days
after such a conviction.
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17.2 PrescriDtion or Over-the-Counter Drua Use: The use of
prescription and over-the-counter drugs which compromise safety in
the work place or the quality of the employee's work product is
prohibited.
17.3 EmDloyee Sanctions: It is the responsibility of every
employee to be aware of the above provisions and to abide by them.
Failure to observe these provisions 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.
17.4 Emplovee Assistance proaram: The City is committed to
supporting employees undergoing treatment and rehabilitation for
alcohol or other chemical dependency. The ci ty will provide
information to employees on available drug counseling and
rehabilitation programs through the Employee Assistance Program.
17.5 Drua Abuse Education proaram: 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.
17.6 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.
ARTICLB 18. BOS PASSBS
The Ci ty intends to make arrangements wi th Ki tsap Transi t to
provide free bus transportation to employees working in the
downtown core. The Ci ty will issue identification passes to
eligible employees prior to January 1992, and each January
thereafter. Employee uses of bus passes will be paid by the city.
The effectiveness and costs of the program will be jointly
evaluated by the City and the Union after at least a year of
operation.
ARTICLE 19. IlUAGBMBRT 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.
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ART:ICLB 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.
ARTICLE 21. GRI:BVUCB PROCBDtJRB
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 ADDeal: 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 resolvable
through this Grievance Procedure.
D. EEO ComDlaint: 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.
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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 within 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 representati ve shall transmit a copy of the original
grievance along with a copy of the Department Head's written
response to the Director of Personnel wi th 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.
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
20
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.
. ARTICLB 22. SIVBRABILITY
In the event that any prov1s1on 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 re.aining 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. Elrl'IRI AGRBBMBB'r
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.
ARTICLB 24. COHFLICTIHa 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.
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ARTICLB 25. TERM
This Agreement shall become effective upon January 1 1992 and shall
remain in effect through December 31 1994. 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, 1994.
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 CITY:
FOR GENERAL TEAMSTERS LOCAL
UNION 4#
c5?
E. Dougla Bush, Jr.
Secretary-Treasurer
~)J;~
Caroline Marshall
Director of Personnel
Approved as to Form:
( ()
" ..!~ -~~~
Ian sievJrs, City Attorney
THE CITY COUNCIL THIS ~c \h. day of
::tW::t CITY:
Louis Mentor, Mayor
APPROVED AND RATIFIED BY
~<.....~~~ <-. , 19..ll..
Attest:
~~ ~(D...~
Kathleen L. McCluskey ~
City Clerk
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