Loading...
HomeMy WebLinkAboutTEAMSTERS LOCAL 589, 1992-1994 -.. 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 -------- D AS TO FORM: - -. 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, - 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 - 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 .~ --- 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 20 -. 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 - - 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 2 - 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 3 - -. 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. 4 - - 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. 5 - 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 6 -... - 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 7 - - 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. 8 - 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. 9 ..... ARTICLB 9. - 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. 10 "'- 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. 11 -, 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. 12 A.'. 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. 13 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 14 -. 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 15 - - 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 16 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. 17 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. 18 - 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. 19 - 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. 21 ..... 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 22