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HomeMy WebLinkAboutTEAMSTERS LOCAL 589, 2012-2013 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding(MCU) is agreed upon pursuant to the Labor Management Article of the Collective Bargaining Agreement (CBA)between the City of Bremerton (City) and the Teamsters Local 589 (Union). The Collective Bargaining Agreement covers the period of January 1, 2015 through December 31, 2015. However,the City and the Union agree to the following: • Effective the January 1, 2015 a general wage adjustment of 2.5%. • Article 14—Remove language related to premium cost sharing for 2012 and 2013. Remove language regarding KPS Health Plans and replace with City of Bremerton Self-Funded Plan. • Article 14.2.4—Remove the following language: The City and the Union agree to re-open negotiations for Article 14 pursuant to the attached MOU for calendar year 2015. • Article 14.4.1 - Revise to read as follows: The Union shall work with the Insurance Benefits Committee to evaluate the current insurance benefit plans on a quarterly basis and monitor the reserve amounts to ensure they are properly maintained. • Article 5.7.1.2—Revise to read as follows: Type of Compensation-The employee shall receive pay as provided above for all standby duty. Employees may accrue compensatory time for stand-by duty. The maximum allowed accrual of compensatory time shall be forty(40)hours(which includes compensatory time accrued under Article 7.2)all standby pay and overtime in excess of the maximum shall be paid at the applicable rate. This agreement is entered into on the t;Z�9 W day of 2015 Mark Fuller, Representative Mayor P Lent Teamsters Local 589 MEMORANDUM OF UNDERSTANDING Due to some continuing FMLA qualifying issues, he will shortly deplete his vacation sick and compensatory time leave banks. Due to the extenuating circumstances the City is allowing Dave Buffington to telecommute a couple days a week. Dave works with minimal supervision and the nature of his duties is suitable for performance from a remote location. He will be required to abide by the following: • Follow the Collective Bargaining Agreement regarding attendance and leave usage. • While telecommuting the employee must continue to abide by all City policies. • He will be required to reachable by phone during working hours. The City may terminate this agreement at any time with written notice. The above agreement is non - precedent setting and shall not be deemed to bind any party to take similar action in any subsequent matter. The remaining provisions of this Agreement shall remain in full force and effect. Dated this � ay of December, 2012. FOR THE CITY OF BREMERTON FOR THE TEAMSTER'S LOCAL 589 Mayor P Lent dohn Witte, SecretarylTreasurer EMPLOYEE Dave Buffingto , Application StIpoort. Analyst COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND GENERAL TEAMSTERS LOCAL UNION NO. 589 ME January 1, 2012 through December 31, 2013 TABLE OF CONTENTS TO THE AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND GENERAL TEAMSTERS LOCAL UNION NO 589 JANUARY 1, 2012 THROUGH DECEMBER 31, 2013 W ffw t PREAMBLE 5 ARTICLE 1 Non - Discrimination 5 ARTICLE 2 Recognition 5 ARTICLE 3 Union Dues 7 ARTICLE 4 Union Access .. 8 ARTICLE 5 Wages 8 ARTICLE 6 Hours of Work 11 ARTICLE 7 Overtime 13 ARTICLE 8 Probationary Period 15 ARTICLE 9 Vacation Leave 16 ARTICLE 10 Holidays 19 ARTICLE 11 Sick Leave And Industrial Disability 20 ARTICLE 12 Other Paid Leave 24 ARTICLE 13 Retirement Benefits 25 ARTICLE 14 Insurance Benefits 25 ARTICLE 15 Work Related Expenses 28 ARTICLE 16 Subcontracting Work 31 ARTICLE 17 Employees Covered by Civil Service 32 ARTICLE 18 Drug Free Work Place 32 ARTICLE 19 Bus Passes 33 ARTICLE 20 Management Rights 33 ARTICLE 21 Work Stoppages .. 34 ARTICLE 22 Grievance Procedure .. 34 ARTICLE 23 Severability .. 36 ARTICLE 24 Entire Agreement .. 36 ARTICLE 25 Conflicting Provisions 36 ARTICLE 26 Labor Management Committee .. 36 ARTICLE 27 Job Sharing 37 ARTICLE 28 Temporary Assignment And Special Assignment 38 ARTICLE 29 Wastewater Treatment Plant Employees 38 ARTICLE 30 Teamsters Supplemental Pension Plan .. 39 ARTICLE 31 Downtown Parking... .. 40 ARTICLE 32. Automatic Promotion from Planner I to Planner II... .. 40 COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 2 of 50 ARTICLE 33..... Discipline .. .... ... .. ........ .. .. 40 ARTICLE 34....... Senionty ... .. .. ..................... 42 ARTICLE 35....... Layoffs/Recalls . ............................. ..42 ARTICLE 36....... Promotion... .. ..... .. .46 ARTICLE 37.. ...Employment Information and Guidelines.. 47 ARTICLE 38 ... Other Issues Relating to Conversion from Civil Service .... ..... .. .49 ARTICLE 39 ........ Tenn ..... .. .. .. ........ .. .. 49 APPENDIX A. .... Pay Schedule APPENDIX B ..... Classification Series COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 3 of 50 ALPHABETICAL SUBJECT INDEX 'a NON a O -gi AUTOMATIC PROMOTION FROM PLANNER I TO PLANNER II ARTICLE 32 .. 40 BUS PASSES ARTICLE 19 33 CONFLICTING PROVISIONS ARTICLE 25 36 DISCIPLINE ARTICLE 33 40 DOWNTOWN PARKING... ............ ARTICLE 31 40 DRUG FREE WORKPLACE .. .. .... ARTICLE 18 32 EMPLOYEES COVERED BY CIVIL SERVICE ARTICLE 17 32 EMPLOYMENT INFORMATION & GUIDELINES .. ARTICLE 37 47 ENTIRE AGREEMENTS ARTICLE 24 36 GRIEVANCE PROCEDURE ARTICLE 22 34 HOLIDAYS .. ARTICLE 10 19 HOURS OF WORK. ARTICLE 6 11 INSURANCE BENEFITS ARTICLE 14 25 JOB SHARING ARTICLE 27 37 LABOR MANAGEMENT COMMITTEE ARTICLE 26 36 LAYOFFS/RECALLS ARTICLE 35 42 MANAGEMENT RIGHTS ARTICLE 20 33 NON - DISCRIMINATION ARTICLE 1 5 OTHER ISSUES RELATING TO CONVERSION FROM CIVIL SERVICE ARTICLE 38 49 OTHER PAID LEAVE ARTICLE 12 24 OVERTIME ARTICLE 7 13 PREAMBLE 5 PROBATIONARY PERIOD ARTICLE 8 15 PROMOTION ARTICLE 36 46 RECOGNITION ARTICLE 2 5 RETIREMENT BENEFITS ARTICLE 13 25 SENIORITY ARTICLE 34 42 SEVERABILITY ARTICLE 23 36 SICK LEAVE AND INDUSTRIAL DISABILITY ARTICLE 11 20 SUBCONTRACTING WORK ARTICLE 16 31 TEAMSTERS SUPPLEMENTAL PENSION PLAN ARTICLE 30 39 TEMPORARY ASSIGNMENT AND SPECIAL ASSIGNMENT ARTICLE 28 38 TERM ARTICLE 39 .49 UNION ACCESS .. ARTICLE 4 8 UNION DUES ARTICLE 3 7 VACATION LEAVE ARTICLE 9 16 WAGES. .. ARTICLE 5 8 WASTEWATER TREATMENT PLANT - EMPLOYEES ARTICLE 29 38 WORK RELATED EXPENSES ARTICLE 15 28 WORK STOPPAGES ARTICLE 21 34 COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 4 of 50 AGREEMENT BY AND BETWEEN CITY OF BREMERTON and GENERAL TEAMSTERS LOCAL UNION NO. 589 JANUARY 1, 2012 THROUGH DECEMBER 31, 2013 PREAMBLE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 4156 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 hereinafter known as the "Union" for the purpose of setting forth the wages, hours and working conditions which will be in effect during the term of this agreement for employees included in the bargaining unit described in Article 2 below ARTICLE 1 NON - DISCRIMINATION 1.1 Non - Discriminatory Application — The provisions of this Agreement will 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 Activity — The provisions of this Agreement will 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 will each be responsible for complying with this provision. ARTICLE 2 RECOGNITION 2.1 Represented Employees — The City recognizes the Union as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all full-time employees in regular positions and part-time employees in regular positions in classifications set forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement by mutual agreement or by official action of the Public Employment Relations Commission 2.2 Classifications Excluded — The classifications of elected officials, appointed officials on part-time boards and commissions, city attorneys, Department Directors and their assistants, and supervisors (unless specified in the union recognition section) are not included and will not be added to the bargaining unit. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters 4589 January I, 2012 through December 31, 2013 Page 5 of 50 23 Employees Excluded 2.3.1 Seasonal employees are employees used by the City to handle peak work load periods. Seasonal positions will be used for no more than eight (8) months in a calendar year in accordance with City Policy. Seasonal employees transferred from one seasonal position to another seasonal position remain subject to eight (8) months total aggregate employment. 2.3.2 Temporary employees are employees used by the City for specific projects or programs, or to replace employees temporarily unable to work per Article 28.1. 2.3.3 Project temporary employees are assigned for the term of a specific project or program and may not exceed one (1) year; provided, however, that the term of the assignment may be extended up to a maximum of three (3) additional months by mutual agreement of the parties 2.3.4 All other temporary employees shall be excluded from the bargaining unit with the understanding that neither the employees nor the positions will be used for more than a total of 12 months 2.3.5 Confidential employees regardless 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 will 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 will 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 2.5 Emergency/Disaster Worker - During an emergency, disaster, or catastrophic event as defined under RCW 35.50.010.6(a), which places life or property in jeopardy, employees may be assigned to any disaster service activity that promotes the protection of the public health and safety Assignment might require serving at a location, at times and/or under conditions that significantly differ from an employee's normal work assignments, this may include assignments to perform work outside of the bargaining unit. As an employee of the City of Bremerton, the employee may be directed to perform a role other than their regular fob, by a superior or by law. An employee may be called on to perform services as an Emergency/Disaster Worker as defined in RCW 38.52.010(4), subject to the provisions of RCW Chapter 38.52. An employee's rate of pay will not be reduced as a result of such assignments COLLECTIVE BARGAM G AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 6 of 50 I ARTICLE 3 UNION DUES 3.1 Dues Deductions — Based upon mutual agreement, regular monthly union membership initiation tees, dues, agency fees and assessments will be deducted by the City from the pay of those employees who provide wntten 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 who is a member of the Union on or after the execution of this Agreement will remain a member in good standing Good standing will be defined as tendering of uniformly required periodic dues Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of the employee, provided that when an employee fails to fulfill the above obligation, the Union will provide the employee thuty (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 restitution in the amount which is overdue Should the employee make such restitution, the request for discharge will be withdrawn. 3.3 New Employees — New employees employed during the life of this Agreement will, within thirty (30) days of their respective date of employment or upon the inclusion of their position in the bargaining unit, achieve good standing in the Union and will thereafter maintain such good standing as a condition of employment Good standing will be defined as tendering of uniformly required periodic dues and fees Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of such employee subject, however, to the same requirement for notification and opportunity for restitution as specified in Section 3 2 above The City will notify the Union of newly employed bargaining unit employees as they are lured so a shop steward may be available at time of orientation. It shall be understood that new employees do not have the option to donate money to charity in lieu of paying dues, unless it is due to the bona fide religious tenets or teaching of a church or religious body of which the employee is a member The employee will pay an amount of money equivalent to regular Union dues and fees to a non - religious chanty or to another organization mutually agreed to between the employee and the Union. 3.4 Union Security — All bargaining unit employees not currently paying dues shall be required to pay dues or donate an equal amount to a qualified charity as identified under IRS Code 501 C (3). Those employees donating money to a chanty in lieu of the payment of periodic dues, shall be required by the Union to produce proof of payment to the charity Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of the employee, provided that when an employee fails to fulfill the above obligation, the Union will 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 restitution in the amount which is overdue. Should the employee make such restitution, the request for discharge will be withdrawn (The intent of this language is to address those current employees donating money to a chanty in lieu of periodic dues payments). COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 7 of 50 3.5 Indemnification — The Union will 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 UNION ACCESS 4.1 Union Representatives — The Union will 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 will have the right to appoint six (6) Shop Stewards The Union will make every reasonable effort to have no more than four (4) stewards from the same department. 4.2.1 The Union will provide written notification to the Human Resources Manager 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 will obtain the permission of his or her supervisor and the supervisor of the affected employee prior to contacting an employee during work hours. A Shop Steward may perform his or her Steward duties on City paid work time provided that such duties do not unreasonably interfere with the Steward's ability to perform the duties of his or her position with the City. In no event, however, will 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. It shall be understood that the five (5) hours maximum does not mean five (5) hours per workday, but five (5) hours total time 4.3 Union Bulletin Boards — The City shall provide the Union with bulletin boards at reasonable locations for its use in communicating with its members Union Bulletin Boards shall be used exclusively to post Union notices of meetings, social events, job postings, and other related union business It shall be the responsibility of the shop stewards to monitor the bulletin boards to ensure they are being utilized for those purposes only. ARTICLE 5 WAGES 5.1 Pay Rates — Effective January 1, 2012, wages shall be as identified in Appendix A. 5.1.1 In recognition of the current economic situation, the Union and the City agree not to implement any wage increases for the term of this agreement. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 8 of 50 5.2 New Emplovees — A new employee's pay rate will be set at first step of the pay scale, however, a new employee may have his or her pay rate set at a higher step based upon relevant years and type of prior paid work experience Placement of a new employee's pay rate at a step higher than the first step must be approved by the Department Director, the Human Resources Manager and Financial Services 5.3 Advancement through Pay Rates — Advancement through the pay rates from the first step through the final step of the pay range will occur upon completion of the prescribed number of months or year(s) of continuous employment since the employee's last annual pay step increase, provided, the City may withhold a step increase for work performance that does not "Meet Expectations" A step increase may be withheld for a maximum of twelve (12) months, during which trine the employee will receive monthly evaluations The employee's immediate supervisor will notify the employee in writing of expected failure to meet expectations at least thirty (30) days prior to the due date of the work performance evaluation If such notice is not provided the step increase will not be withheld. The withholding of a step increase will not change the employee's current anniversary step date for pay purposes In the event that the employee "meets expectations" at one of the monthly evaluations during the subsequent 12 months, they will receive a step increase effective as of the due date of that monthly evaluation It shall be understood that the increase will not be applied retroactively to the month(s) in which the employee received a rating below `meets expectations" In the event an employee is on approved leave of absence without pay, in excess of eighty (80) consecutive work hours, the employee's next pay rate advancement date will be extended by the actual number of days the employee was absent on such leave 5.4 Pay Rate upon Reclassification 5.4.1 Reclassification/downgrade to a lower classification - In the event an employee is reclassified from one classification to another classification which is at a lower pay range or, if an employee's classification is downgraded from one pay range to a lower pay range, the employee's pay rate at the lower pay range will be set at that step which is closest to, equal to, but not greater than the pay rate he or she was receiving at the former pay range All time the employee had served at the former step toward advancement to the next step of the former pay range will be used in determining the time required to advance to the next step of the new pay range If the employee is at final step or beyond the final step in the new pay range, then his/her pay rate shall remain frozen at that rate until such time as the final step provides for an increase This section shall not apply to an employee who is demoted, which falls under Article 34, Section 34 3.4 5.4.2 Reclassification /upgrade to a higher classification - In the event an employee is reclassified from one classification to another classification in a higher pay range the employee will receive no less than the entry level step of the new pay range or a five percent (5 %) pay increase, whichever is greater; provided that no employee is COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 9 of 50 thereby advanced beyond the final step of the higher pay range The employee's advancement to the next step in the new pay range will be based on the effective date of the reclassification to the new pay range. This section shall not apply to an employee who is promoted, which falls under Article 36, Section 36.1.2. 5.5 Base hourly rate of pay defined — The base hourly rate of pay is that which is shown in Appendix "A ", for each classification, which reflects the pay grade and pay step at which an employee is being paid on an hourly basis excluding longevity. 5.6 Longevity Pay — Longevity pay will be applied to the base hourly pay rate of each employee for years of completed continuous employment on the following basis- 0 through 5 years' continuous employment 0% Commencing 6 through 10 years' continuous employment 1% Commencing 11 through 15 years' contmuous employment 2% Commencing 16 through 20 years' continuous employment 3% Commencing 21 years and over continuous employment 4% 5.7 Premium Conditions (not included in base hourly rate of nay) 5.7.1 Standby - An employee is placed on standby duty when the City requires the employee to be immediately available to report for work other than during his/her normal scheduled hours of work When standby is implemented, all qualified bargaining unit members, including leads and supervisory bargaining umt members, shall share in the standby hours or lists 5.7.1.1 Standby Eauigment A. An employee on standby duty will be provided with a radio that has a police frequency. B. Assigned stand -by duty employees shall have the use of a take home city vehicle for the week, per City policy. 5.7.1.2 Standby Pay - The following standby rates will apply A. Weekday or regular day off beyond two — Two (2) hours of employee's regular base hourly rate of pay plus longevity if applicable; B. Holiday — Three (3) hours of employee's regular base hourly rate of pay plus longevity if applicable; COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 10 of 50 C Regular day off — Three (3) hours of employee's regular base hourly rate of pay plus longevity if applicable, up to a maximum of two (2) days; D Type of Compensation - The employee shall receive pay as provided above for all standby duty Employees may not accrue compensatory time for stand -by duty 5.7.1.3 Lensth of Standby - Standby will normally consist of not more than seven (7) consecutive days, provided; however, based upon mutual agreement of the employee and immediate supervisor, the employee may be placed on standby in excess of seven (7) days 5.7.2 Shift Differential — An employee assigned to work a shift schedule, which begins at 12 noon, or later and/or earlier than 6 a.m. will be compensated a shift differential of seventy -five cents ($.75) per hour for each hour of the shift so worked. 5.8 Paydays — Paydays will 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 The parties encourage employees to utilize "automatic deposit" of their paychecks 5.9 Direct Deposit — New employees shall be required to sign up for direct deposit of their pay checks 5.10 Payroll Errors - Should the City be responsible for any payroll error, adjustments in excess of fifty ($50 00) dollars will be paid within two (2) business days The City and the employee shall share the responsibility to notify one another as soon as possible after any error is found ARTICLE 6 HOURS OF WORK 6.1 Normal Hours of Work — The normal hours of work for regular full time employees will be forty (40) hours per week The normal hours of work for regular part time employees will be the number of hours per week that the Department Director/Division Manager schedules which will not exceed forty (40) hours per week and will not exceed the Department's approved budget allocation for the position 6.2 Normal Work Schedule — The normal work schedule for regular full tune employees will consist of five (5) consecutive eight (8) consecutive hour days, however, the City may adopt 4 /10's and/or 9/80's as the normal work schedule, at the discretion of the Department Director when it is in the best interest of the City The 4/10 schedule as referenced in this document also means an alternate work schedule as provided herein The Department and employee may mutually agree to any other work schedule by the filing of an alternate work COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page I 1 of 50 I schedule form that shall require the approval of the Department and the Human Resources Manager. Except in emergency situations (such as weather and acts of God) employees will be given fourteen (14) calendar days notice of any change in their normal work schedule, except that Parks & Recreation and Public Works and Utility Department employees will be given seven (7) calendar days notice of any change in their normal work schedule, otherwise employees will receive overtime compensation. The normal work schedule for regular part time employees will be that which is scheduled by the Department Director/Division Manager and shall consist of no more than five (5) consecutive days in a workweek. 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, based upon the needs of City The City will make every reasonable effort to schedule employees with two (2) consecutive days off between workweeks. 6.3 Employees, except those in Community Development, who are regularly required to attend night meetings or perform normal work functions outside of a normal work schedule at the City's request may, by mutual agreement with the Department Director/Division Manager, flex their tune. 6.3.1 Flex time shall not be allowed to adjust work schedules to accommodate last minute absenteeism for tardiness 6.3.2 Employees of the Department of Community Development who elect not to flex their hours shall be compensated in compensatory time or overtime for all hours spent attending meetings outside of their regular work schedule, however, an employee shall only be allowed to maintain a maximum balance of 40 (forty) hours compensatory time accrued from attendance at after -hour meetings. If less than five (5) days notice is provided for an after -hours meeting, the employee shall take flex tune, compensatory tune, or overtime at the employee's option. 6.4 Meal Periods — All employees shall have a regularly designated mealtime, 30 minutes or one (1) hour in length, without pay, which shall be scheduled by the Department Director/Division Manager or designee. The thirty (30) minutes or one (1) hour designated mealtime Includes travel time to and from the work site The lunch period will take place no sooner than three (3) hours and no later than five (5) hours from the beginning of a 5/8 schedule, and no sooner than four (4) hours and no later six (6) hours from the beginning of a 4/10 schedule. No employee will be required to work more than five (5) consecutive hours without a meal period. An employee who works three (3) or more hours beyond their normal work day shall be allowed at least one thirty (30) mmute meal period either prior to or during the overtime period. When an employee is required by the City to remain on duty on the premises or at a prescribed work site when it is in the best interest of the City during a meal period, the meal period will be paid as time worked. 6.4.1 Employees shall be allowed one (1) rest period (break) per one half (1/2) shift (workday) provided- COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 i Page 12 of 50 ➢ The time, length and location of break is determined by the employee's supervisor, with the understanding that the employee shall receive no more than fifteen (15) minutes ➢ Break periods will be scheduled as near as possible to the midpoint of a work period The City will make a reasonable effort to ensure that no employee is required to work more than three (3) hours without a rest period The purpose of granting breaks is to relieve fatigue and mental strain on the job; therefore, ➢ Combining two (2) daily breaks into one thirty (30) minute break is not permitted ➢ Using breaks to lengthen meal periods, to cover tardiness, or to leave work early is not permitted except under special circumstances and with the approval of the Department Director or designee ➢ Accumulating breaks from day -to -day is not permitted ➢ Taking more breaks in smaller segments of tune, e g three (3) 5- minute breaks, is not permitted ARTICLE 7 OVERTIME 7.1 Overtime Defined — Overtime is all required and authorized work performed in excess of a full time employee's normal 40 hour and/or daily work schedule Overtone 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 Overtone for regular part-time employees is all required and authorized work performed in excess of forty (40) hours during the employee's weekly work schedule pursuant to Article 6, Section 6 2 The use of any paid leave time will be considered as time worked for the purpose of calculating overtime 7.2 Overtime Compensation — Overtime work will be compensated at the rate of one and one- half (1 -1/2) tunes an employee's base hourly rate plus longevity if applicable, in cash or in compensatory time The form of overtime compensation will be at the election of the employee provided Compensatory time off will be taken by mutual agreement between the employee and supervisor Upon the death of the employee, accrued compensatory time shall be paid to the employee's estate COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January I, 2012 through December 31, 2013 Page 13 of 50 7.2.1 Use Of Compensatory Time - The maximum allowed accrual of compensatory time shall be forty (40) hours, and all overtime accrued in excess of that maximum shall be paid at the applicable rate. Employees who wish to cash out all or a portion of his/her accumulated compensatory time will have the option to receive tlus pay the pay period ending November 15 Employees who wish to exercise this option shall submit their request, in writing, to the Department Director, no later than November 1 St of each year. 7.3 Telephone Calls To Employees - If an employee receives a work related telephone call while off duty, he /she shall receive a minimum of one quarter (1/4) hour pay at the overtime rate for each call, provided, however, that additional calls received by the employee within the quarter hour minimum shall not pyramid. 7.4 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 penod of time which is less than two and a half (2.5) hours, the employee will receive a minimum of two and a half (2.5) hours of overtime compensation A call back initiates a two and a half (2.5) hour guarantee penod Subsequent call backs will not initiate an additional two and a half (2.5) hour guarantee period until the original two and a half (2 5) hour guarantee period has passed 7.4.1 Call Back Contiguous to an Employee's Normal Start Time — Employees responding to a Call Back will be paid 2.5 hours of overtime The employee's normal work hours will be reduced by the amount of time the 2 5 hours infringes on the employee's normal work hours Example An employee's normal work hours are 7 30 AM to 4:00 PM. The employee is called out at 6 30 AM. The employee would receive 2 5 hours of overtime and six and a half (6.5) hours of straight time. 7.4.2 Cal_ 1 Back After the Employee's Normal Ouitting Time - Once the employee's normal work hours have concluded, any unplanned return to work shall be considered a Call Back. It shall make no difference if the employee has left the work site or not Example The employee work schedule concludes at 4 00 PM and at 4 04 PM, the supervisor is notified of a problem. The supervisor notices that the employee is still in the parking lot talking to several other employees. The supervisor goes to the employee and directs him/her to handle the problem. This is a Call Back and the employee will receive a minimum of 2.5 hours of overtime. 7.5 Court and/or Subpoenaed Appearances — An employee who appears in Court or responds to a subpoena as a representative of the City which is related to his or her employment on off duty tune shall receive overtime compensation for such appearances If the employee is being prosecuted for a willful, illegal act in the performance of their duties as a city employee, they will not be paid for time unless they are found innocent and/or the case is dismissed COLLECTIVE BARGAINING AGREEMENT C it of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 14 of 50 7.6 Use of Bargaining Unit Employees for Overtime - The City shall offer overtime to qualified bargaining unit employees within the division prior to utilization of temporary employees for such overtime The City will make a reasonable attempt to offer this work by seniority. 7.7 Emergency Crews — Employees may be pre - assigned to an emergency shift schedule (e.g 12 -hour shift for Snow Removal Crews) Crews will be designated as follows "A" shift and `B" sluff Employees on emergency crews will receive shift differential pay and work the 12 -hour shaft throughout the period of the emergency Employees in each crew (both "A" and `B" shifts) called out for an emergency shift shall receive two hours callout (overtime) pay for the first full 12 -hour shift (e.g Pay would be 2 hours overtone for the call -out, 6 hours straight time, plus 4 hours overtime That crew's next emergency shift pay would be 8 hours straight time plus 4 hours overtime ) Pay for call -outs prior to the full emergency shift will be in accordance with overtime and callout policy per Article 7 If the callout occurs within two (2) hours of the first emergency shift, the first emergency shift crew will respond and work continuously through the shift EXAMPLES: Snow Removal Crew - If an emergency schedule is initiated after 10 p in but before the normal shift (7 am), the `B" sluft will be called in and work until noon or eight hours minimum If the callout occurs prior to 10 p in , the "A" shift will be called in and work until midnight when `B" shift will relieve If the emergency is declared during the nonnal work shift, `B" shift will work the normal eight (8) hours then be released, "A" shift will work until midnight when relieved by `B" shift. Other Emergency Crews — Any other divisions may use other start/quit times, but will follow the principle of the example of the Snow Removal Crew. When the Division Manager has determined that the emergency condition is over, the crews will revert to their regularly scheduled shift The transition shifts going into and out of the emergency shift schedule, will work until released by the supervisor, however, they shall work a minimum of eight (8) hours during the transition shift ARTICLE 8 PROBATIONARY PERIOD 8.1 New Employees — New employees shall be required to serve a probationary period of nine (9) months Probationary employees are "at will" employees during their probationary period and during that time may be terminated without reason or cause and have no recourse to any appeal process. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 15 of 50 8.2 Promoted Employees — Employees promoted shall serve a six (6) month promotional probation period 8.3 Failure to Complete Probation — The promotional probationary employee who fails to successfully complete probation shall be demoted to the lower position from which he /she was promoted Such determination shall be made at the sole discretion of the City and the reasons shall not necessarily constitute just cause. 8.4 Probationary Employee — An employee who has been hired by the City and who has not yet completed the required nine (9) months probationary period. 8.5 Regular employee — An employee who has successfully completed their nine (9) months probationary period for the position for which they were hired. ARTICLE 9 VACATION LEAVE 9.1 Vacation Accrual — Employees shall accrue vacation leave for all regularly scheduled compensated hours including paid holiday, sick leave, vacation and other paid leave time, excluding workers' compensation time loss benefits pursuant to the following schedule Period of Continuous Full Time Employment Hours Accrued/Year Date of Hire through 5 years 104 Hours 6th year 120 Hours 7th year 128 Hours 8th year 136 Hours 9th year 144 Hours 10th year 152 Hours 11th year 160 Hours 12th year 168 Hours 13th year 176 Hours 14th year 184 Hours 15th year 192 Hours 16th year 200 Hours 17th year and thereafter 208 Hours 9.2 Vacation Eligibility — An employee becomes eligible to take accrued vacation leave upon completion of six (6) months of continuous employment. Probationary employees may be permitted to use earned vacation leave due to extenuating circumstances solely at the discretion of the Department Director/Division Manager. Vacation leave may not be taken in less than one - quarter (1/4) hour increments Vacation leave must be earned in the pay period prior to the time an employee takes any vacation leave since accruals are added to an employee's leave balance after payroll has been posted. COLLEcnVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 16 of 50 9.3 Vacation Scheduling — Annual vacation leave will be mutually scheduled between the employee and his or her Department Head or designee Vacation leave must be approved by the Department Director/Division Manager prior to an employee taking the time off An employee will have a better chance of receiving approval for a vacation request if the request is submitted as far in advance as possible In the event more than one employee requests vacation leave for the same time period submitted on the same day, the requesting employee with the greatest city -wide seniority shall be granted the vacation leave The Department shall make a good faith effort to respond to a vacation leave request in a timely manner 9.4 Maximum Vacation Accrual — The maximum number of vacation accrual hours that any employee will be allowed to carry forward from one calendar year to the next will be as follows. Years of Service Maximum Carryover Hours Date of Hire through 5 full years of employment 160 Hours Over 5 full years of employment 240 Hours 9.5 Carryover - In the event an employee has been prohibited from taking sufficient vacation time to reduce his or her vacation balance to the maximum allowable carryover at the end of a calendar year, (or unable to because of absence from work due to illness or disability) the excess hours will be carved forward into the next 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 9.6 Vacation Pay -Out — Upon the retirement or separation of a regular 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 lump sum payment at the employee's straight time base hourly rate of pay plus longevity if applicable, at the time of separation except an employee shall not be paid vacation pay out unless employed over six (6) months. 9.7 Payment of Vacation Leave Upon Death — In the event of the death of an employee, the employee's estate will be paid in a lump sum for the total accrued and unused vacation leave hours at the employee's regular hourly base pay rate plus longevity if applicable, in effect at the time of death 9.8 Donations Of Vacation Leave - Donations of Vacation leave permit employees to aid any City employee who is suffering from an extraordinary or severe illness, injury, impairment, physical or mental condition which has caused or is likely to cause the employee to take leave without pay or 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. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 17 of 50 9.8.1 Eligibility - An employee who (1) is suffering from an illness or injury causing his or her extended absence from work, and (2) who has depleted or will shortly deplete his or her total available accrued vacation, compensatory leave accrual, sick and floating holiday leave, may request donations of vacation leave. The employee making such request may restrict the scope of employees being asked to donate. 9.8.2 Criteria For Approval - A request for donations of vacation leave shall be submitted to the requesting employee's Department Director/Division Manager accompanied by 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 above and upon determining that the medical documentation received provides appropriate verification of the medical condition and tune period involved, the Department Director will recommend the employee's request for donations of vacation leave be approved by the Mayor The Mayor will 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 donations of vacation leave 9.8.3 Notification - Upon approval by the Mayor, all City employees, unless a restriction has been requested by the employee shall be notified of the approved request for donation of leave. 9.8.4 Conditions Of Donation - An employee who has been employed for at least six (6) months who desires to donate accrued vacation leave to a requesting employee will do so as a free and voluntary act and no duress or coercion shall be placed upon an employee to make such donation of his/her accrued vacation leave. Employees who are utilizing donated leave to cover their own absences may not donate leave to another employee until such time as they have returned to their normal schedule, and any excess donations made to them have been returned pursuant to 9.8.6 below. An employee who desires to donate vacation leave shall complete a Donation of Vacation Leave Form and submit it to his/her Department Director. The donated vacation leave will be transferred to the requesting employee's sick leave balance with the next payroll report. Forms will be date stamped and all time donated shall be in full hour increments and shall be credited to the employee on an hour- for -hour basis. A monthly update of the condition of the employee by the attending primary medical doctor shall be required and furnished to the Department Director. 9.8.5 Use Of Donated Leave - An employee who has received donated vacation leave will be able to use the sick leave in the same manner as if he or she had COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 lanuary 1, 2012 through December 31, 2013 Page 18 of 50 personally accrued the leave All accruals of sick leave/vacation leave earned due to leave donations made to the employee shall be used first each pay period. The remainder of leave needed will then be deducted from the employee's donated leave bank 9.8.6 Return Of Excess Leave Donations — Donated leave will remain in the employee's sick leave balance for a period of six (6) months from an employee's return to work In the event of excess donations received but not used due to early recovery, resignation, retirement or death, all donations received but not utilized shall be returned to the donating employee(s) based on the proportion of hours that employee donated in relation to the total hours donated by all employees (e.g an employee who donates 50 hours of 450 hours total donated shall be credited with 50 /450ths of the hours not utilized) Such returned leave shall be reflected in the appropriate leave balance as soon as possible. Time donated for this purpose will not be considered as time used during the donor's performance rating period 9.9 Cancellation of Vacation Leave by City - If an employee has an approved vacation canceled by the City, the City will reimburse the employee for all verifiable non - refundable expenses incurred by the employee after the date the Leave Request was approved ARTICLE 10 HOLIDAYS 10.1 Holidays Observed — The following holidays will be observed by the City HOLIDAY DATE OBSERVED New Year's Day January 1 st Martin Luther King's Birthday 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4' Labor Day 1 st Monday in September Veteran's Day November I I th Thanksgiving Day 4th Thursday in November Day after Thanksgiving 4th Friday in November Christmas Day December 25 One Floating Holiday Approval of Supervisor 10.1.1 In addition, any other holiday legally proclaimed by the Federal or State government, provided that the City takes official action to have such holiday also observed by the Clay. V AR COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 19 of 50 10.2 Alternative days of Holiday Observation — If a holiday observed by the City falls on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed on the following Monday If the day a holiday is observed by the City falls on an employee's regularly scheduled day off, the employee will receive an alternate day off as a paid holiday during the same or following pay period 10.3 Floating Holiday 10.3.1 Floating Holiday Leave - One (1) floating holiday (eight [8] hours) will be granted to each employee at a time which is mutually agreed to by the employee and the employee's immediate supervisor. New employees shall have been employed for six (6) months in order to qualify for a floating holiday. Floating holiday leave may not be taken in less than one (1) hour increments. 10.3.2 No payment will be made upon separation of employment from the City for any unused Floating Holiday Leave. 10.3.3 No carry-over of Floating Holiday Leave will be permitted from one calendar year to the next calendar year 10.4 Holiday Compensation (Full Time Employees) — An employee shall receive eight (8) hours of time off with pay for each holiday observed by the City, including a floating holiday of each employee's choice An employee who is assigned at the City's request to work a four -day ten (10) hour schedule will receive ten (10) hours of time off with pay for each holiday. In order to receive holiday compensation, each employee must work or be on authorized paid leave on the scheduled work day prior to or the scheduled work day immediately after each holiday 10.5 Holiday Compensation (Part Time Employees) - Part-tune employees who regularly work 20 or more hours per week will receive pro -rated Holiday Leave based upon their average normal workday, but in no case less than four (4) hours 10.6 Working on a Holiday — An employee required to work on a holiday will be compensated at one and one -half (1 -1/2) tunes the employee's regular straight tune base rate of pay plus longevity if applicable, for the time worked in addition to regular holiday pay provided in 10.4 above. ARTICLE 11 SICK LEAVE AND INDUSTRIAL DISABILITY 11.1 Sick Leave Accrual — Full time employees will accrue sick leave at the rate of four (4) hours per pay period, including paid holiday, sick leave, vacation and other paid leave time and excluding time for which workers' compensation time loss benefits are paid. Part-tune employees and employees who are on a leave of absence without pay will have their leave COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 20 of 50 I pro -rated if they have worked any portion of a pay period at 046154 for each regular hour worked as outlined above The maximum annual accrual will be mnety -six (96) hours 11.2 Maximum Sick Leave Accrual — Employees will be able to accrue sick leave to a maximum of 1200 hours on January 1 St of each year 11.3 Sick Leave Incentive - An employee who takes thirty -two (32) hours or less of sick leave in the calendar year will have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year 11.4 Sick Leave Retirement Payment — An employee who retires from City service on a service or disability retirement will 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 base hourly pay rate plus longevity if applicable, in effect at the time of retirement. 11.5 Payment of Sick Leave Upon Death — In the event of the death of an employee, the employee's estate will be paid for the total accrued and unused sick leave hours at the employee's regular base hourly pay rate plus longevity if applicable, in effect at the time of death 11.6 Sick Leave Use — Sick leave shall not be granted in advance of actually being accrued Sick leave will be made available to each employee up to the amount of each employee'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 11.6.1 The temporary disability of an employee resulting from his or her personal illness or injury. 11.6.2 Providing care for. a) a child of the employee under the age of 18 when they have a health condition that requires supervision or treatment, or b) a spouse, parent, parent-in-law or grandparent c) a domestic partner, d) any person for whom the employee is a legal guardian, e) adult son or daughter, mcapable of self -care because of a physical or mental disability, of the employee who has a serious or emergency health condition 11.6.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment 11.6.4 Upon the birth or adoption of a child, an employee may use accrued sick leave pursuant to FU IA. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January I, 2012 through December 31, 2013 Page 21 of 50 11.6.5 Providing care for an employee's immediate family member as provided for in Section 11.6.2, 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 forty (40) hours of sick leave can be used for this purpose for the following family members brother, sister, brother /sister in- law, grandparent's in -law, grandchildren, domestic partner, a person for whom the employee is a legal guardian, unmarried adult son or daughter incapable of self -care because of a physical or mental disability, and step relations as described herein of both the employee and the employee's spouse (Revised RCW 49.12.270) 11.6.6 Only when an employee has exhausted all sick leave accrued may he /she use other types of leave to cover his/her absence 11.6.7 Leave Without Pay — Employees may not be in a Leave Without Pay (LWOP) status until all leave accruals have been exhausted, except as provided in Article 12.1 — Bereavement Leave, or unless an must report to work for a regularly scheduled shift ten (10) or fewer hours after departmg from work. An employee shall be permitted Leave Without Pay (LWOP) status in the foregoing instances, provided the employee has obtained approval in advance from the Department Director /designee, who will have discretion to approve each request on a case -by -case basis 11.7 Notification of Sick Leave Use — An employee who is absent or expects to be absent from work due to causes specified in 11.6 above, will provide notification as follows 11.7.1 Routine Appointments — An employee who schedules a routine medical, dental or oculist appointment will make every reasonable effort to schedule such an appointment at a time, which will cause the least interference with departmental operations The employee shall give prior notice of the date and time of the appointment to his/her immediate supervisor. An employee's immediate supervisor may request that the employee reschedule routme appointments when, in the judgment of the supervisor, the scheduled absence of the employee would unduly interfere with the operations of the Department, however, the immediate supervisor will not unreasonably require an employee to reschedule routine medical, dental or oculist appointments. 11.7.2 Unanticipated Absence — An employee who Is absent from work or will be unable to report to work as scheduled due to personal illness or mjury, or for other causes specified in 11.6 above, will promptly notify their immediate supervisor, or if unavailable, the department/division manager by telephone as soon as practicable and will make every effort to notify their Immediate supervisor, or if unavailable, the department/division manager within the first one -half hour of each work day or, if possible, within the one -half hour COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 22 of 50 preceding each work day of absence In the event neither the immediate supervisor nor the department/division manager can be contacted directly, the employee may leave a voice mail message However, the employee is obligated to speak directly to the employee's immediate supervisor or the department/division manager during the day of the employee's absence Each employee will be given contact information (including office /cellular /pager numbers), to the employee's immediate supervisor and department/division manager In the event of a prolonged illness or injury, the Department may exempt an employee from the requirement to report their absences on a daily basis, and may establish an alternative reporting arrangement appropriate to the circumstances 11.7.3 Sick Leave during Authorized Paid Leave — An employee who becomes ill or is mjured during his/her paid vacation or compensatory time off for accumulated overtime, may request the conversion of such paid leave to sick leave with pay by promptly notifying the department of the illness or injury and providing such information as is required by the department to verify the appropriateness of such a conversion. 11.8 Sick Leave Documentation and Approval — An employee who has been absent on sick leave will, within the first work day after returning to work, complete and submit a request for approval of sick leave on the City's Leave Request form, and provide such information as is required by the Department to approve the use of sick leave with pay for the absence Sick leave must be approved by the Department prior to payment The Department will not unreasonably withhold approval of sick leave with pay from employees 11.8.1 Sick Leave Certification - The Department may require an employee to provide a professional physician's certification of an employee's, child's or family member's illness or mjury 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 11.8.2 Return to Work/Fitness for Duty Certification - The Department may require an employee to provide a Fitness for Duty certification completed 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 the need for a Fitness for Duty certification, the employee will be allowed to continue the use of sick leave. 11.9 Industrial Disability Leave — An employee who incurs a work - related illness or injury and who qualifies to receive Workers' Compensation benefits will be allowed to use accrued sick leave to supplement the Workers' Compensation benefits so as to provide the same gross pay he or she would have received for full time, active service. In no event will the COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 23 of 50 combination of Workers' Compensation and employee sick leave exceed 100% of an employee's regular pay rate at any time of the disability period. ARTICLE 12 OTHER PAID LEAVE 12.1 Bereavement Leave — An employee will be granted three (3) days of bereavement leave for attending funerals in the State of Washington and five (5) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child, mother, father, mother /father in-law, brother, sister, brother /sister in -law, grandparents, grandparents in -law, grandchildren, step relations as described herein of both the employee and the employee's spouse and any person for whom the employee is a legal guardian. The first three (3) days of time off for Bereavement Leave will be compensated at the employee's current rate of pay. The additional two (2) days of time off for bereavement leave shall be charged against an employee's vacation, floating holiday, sick leave or compensatory time leave balance at the option of the employee Additional time off may be requested by the employee and granted by the Department Director/Division Manager in extenuating circumstances and LWOP may be granted upon request by an employee with the approval of the Department Director on a case -by -case basis. Bereavement leave hours paid by the City shall not count toward computation for overtime purposes 12.2 Jury Duty, Witness Leave — An employee shall be granted a leave of absence with pay for the purpose of reporting to or serving on jury duty or serving as a witness on a case relating to their job with the City, except in those instances when the employee is involved as a party in an action beingtaken against the City Any ,furor or witness fees received by the employee for the performance of such duties shall be assigned to the City. If more than 2 5 hours of their workday remains at the time of release from fury duty or serving as a witness, the employee shall report for duty. 12.2.1 City Notification - Employee shall be required to notify the City immediately upon receipt of written notification from the Court that they must report for Jury Duty or serve as a Witness as the result of a case related to his or her employment, by submitting a Leave Request form with a copy of the Jury Duty /Witness Notice attached. Upon telephone confirmation by the Court to report, employee shall immediately notify the on -duty supervisor 123 N ilitary Duty Leave — An employee who presents official orders requiring his/her attendance for a period of training or other active duty as a member of the United States Armed Forces or the State National Guard shall be entitled to military leave with no loss of pay for a period not to exceed twenty -one (21) work days annually. Authorized leave of absence for additional or longer periods of time for assignment to duty functions shall be without pay (unless the employee chooses to use accrued vacation leave or compensatory time) and shall be granted by the City. An employee receiving up to twenty -one (21) work days of training or serving on active duty shall receive their regular pay and the amount received from the Federal or State government, pursuant to RCW COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 lanuary 1, 2012 through December 31, 2013 Page 24 of 50 38 40 060 as may be amended from tune to time During periods of military conflict, employees are entitled to up to fifteen (15) days of unpaid leave before their spouse is deployed or while their spouse is on leave from deployment 124 Domestic Violence Leave — Pursuant to State Law, Domestic Violence Leave provides additional leave rights to employees who are victims of domestic violence, sexual assault, or stalking, or who are family members of victims. It entitles employees to take leave to receive medical treatment, attend legal proceedings, or address safety concerns ansing out of domestic violence, sexual assault, or stalking as outlined in City Human Resources Policy 3 -20 -19 12.5 Administrative Leave - Any bargaining unit employee may be placed on Administrative Leave (leave with pay) for reasons in the best interest of the City (e g to diffuse a work - related or personal problem or to conduct an investigation) The City may place certain restrictions on an employee on Administrative Leave and require him/her to be available during his/her normal work schedule Employees normally scheduled to work on other than an 8 am to 5 pm schedule shall be put on a 9 AM — 5 PM schedule when placed on Administrative Leave. If an employee is unavailable at any time during the alternative time schedule, then a leave slip must be turned in to cover the amount of time the employee will be unavailable 12.6 Emergency Leave — In the event of an unforeseen emergency which requires the absence of an employee, the employee will promptly notify his or her immediate supervisor, or in the absence of the immediate supervisor, the manager on duty in the Department wrtlun 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 shall be charged to an employee's unused vacation, floating holiday or compensatory time leave balance ARTICLE 13 RETIREMENT BENEFITS 13.1 State Retirement System - Each employee will be enrolled in the Washington State Retirement system for wluch he or she qualifies Contributions to the Retirement system will be made on a pre -tax basis Each employee will be covered by the federal Social Security Act ARTICLE 14 INSURANCE BENEFITS 14.1 Medical Insurance — The City will make medical insurance coverage available to employees and their dependents, as follows or another plan of equivalent or better coverage Kitsap Physician's Service (KPS) Plan B Group Health Cooperative (GHC) COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 25 of 50 14.2 Insurance Premium Payments — Payment of insurance premiums will be made as follows• 14.2.1. Employees will be required to pay the following contributions towards the monthly premiums for medical coverage. Effective 01 -1 -2012 Employee only coverage Employee 0% City 100% Dependents coverage: Employee 10% City 90% Effective 12 -1 -2012 Employee only coverage: Employee 0% City 100% Dependents coverage: Employee 15% City 85% Effective 07-01-2013 - Employee only coverage: Employee 0% City 100% Dependents coverage Employee 20% City 80% Permanent part-tune employees shall be entitled to a pro -rated contribution for medical insurance coverage by the City as follows Hours worked per week City Contribution Less than 20 hours per week None An average of at least 20 hrs. but < 32 hrs /week 75% An average of at least 32 hrs. and up 100% Permanent part-tune employees who are on the City's payroll as of, ratification of this contract, who work less than 20 hours per week shall receive a pro -rated contribution for medical coverage at 50 %. Additionally, if the City and full -tune employees mutually agree to temporary furloughs or temporary reduction in hours that would bring the employee's hours below 32 per week, these employees would be considered full tune (working above 32 hours per week) in regards to this article. 14.2.2 Dependents of employees in Domestic partnerships that have filed their status with the State as required by law and have met the minimum affidavit requirements are eligible for coverage. 14.2.3 STIPEND IN LIEU OF MEDICAL COVERAGE - An employee who waives the right to obtain medical insurance coverage through the City and COLLECTIVE BARGAINING AGREEMENT C ity of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 26 of 50 who provides proof of creditable coverage through his/her spouse or other source shall be entitled to receive a stipend of two hundred and fifty dollars ($250.00) per month, payable in the amount of one hundred twenty five dollars ($125.00) per pay as permitted and subject to all State and Federal laws and restrictions Employees shall be required to notify Human Resources, in writing, during open enrollment, of their desire to waive medical coverage, or at anytime during the year if a qualifying event occurs which would change their status (e.g marriage, divorce, spouse loss ofjob or medical coverage). Since both KPS and Group Health underwriting requirements require a 75% participation rate, in the event that there is less than a 75% participation rate due to employees waiving medical coverage, the City may cease offering the stipend due to the adverse Impact upon those insured 14.3 Dental Insurance — The City will provide the same benefit levels as are contained in the Washington Dental Service Plan F dental program for employees and their dependents and provide for full payment of insurance premiums 14.4 Insurance Benefits Committee - The Insurance Benefits Committee will be comprised of the following members Mayor or designee, Human Resources Manager or designee, Financial Services Director or designee, one employee selected by the non - represented management and professional employees, and one individual selected by each of the recognized unions The committee will elect a chair and any other officers it deems appropriate 14.5 Changes in Law - In the event changes in state or federal law create an impact on the present health and welfare premiums or plans, the parties will reopen negotiations on such subject 14.6 Vision Insurance — The City will pay the premium for the Washington Teamsters Welfare Trust Vision Plan for all bargaining unit employees employed in the previous month It shall be the responsibility of the employee to ensure that the required paperwork is completed In a timely manner In order to enroll lum/herself and/or dependents 14.7 Dependent Coverage for Extended LWOP - If an employee is out on Leave Without Pay in excess of 10 consecutive working days, unless such leave qualifies for FMLA and/or L & I covered illnesses or injuries, he /she may be responsible for both the City's and employee's portion of dependent coverage premiums If an employee is out on Leave Without Pay in excess of twenty five (25) consecutive calendar days, unless such leave qualifies for FMLA and/or L & I covered illnesses or inJunes, he /she will be responsible for both the City's and employee's portion of the employee and dependent coverage premiums COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 27 of 50 ARTICLE 15 WORK RELATED EXPENSES 15.1 Uniforms — The City will provide new and replacement uniforms for each employee in the department whenever the Department Director/Division Manager determines it is in the best interest of the City. The characteristics of the uniform and what will constitute the uniform shall be at the sole discretion of the Department Head or designee 15.1.1 Employees furnished uniforms shall be required to wear their uniform when performing work and required by the department. 15.1.2 Standard uniforms provided by the City through uniform service contracts, I e , shirts, pants and packets, will be maintained by the City at City expense. All other uniform apparel such as polo shirts, tee shirts, etc., purchased by the City shall be maintained by the employee at the employee's expense 15.1.3 Employees are expected to take reasonable care of their uniforms. Employees shall notify their supervisor when uniforms are in need of replacement and/or repair 15.1.4 City uniforms shall not to be worn during non -work hours or to non -work locations, except for incidental stops to or from work and meal periods. 15.1.5 While in uniform, employees shall not publicly drink intoxicating liquor, be publicly intoxicated or under the influence of a controlled substance 15.2 Cleaning Allowance The cleaning allowance for Warrant Servers shall be $350 00, which shall be paid in the pay period ending January 15th. Should an employee separate from City employment during the year, a pro -rated reimbursement to the City for the cleaning allowance shall be withheld from the employee's final paycheck based on the number of months left in the calendar year 15.3 Uniforms - The City will provide five (5) uniforms to Warrant Servers 15.4 Tool Allowance - Vehicle Maintenance 15.4.1 The City will provide an annual tool allowance per mechanic to buy more efficient tools or to replace lost, broken, or stolen tools as follows: In the amount of $525.00. 15.4.2 Payment of the tool allowance will be made in the pay period ending January 15th. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 28 of 50 15.4.3 Should an employee separate from City employment during the year, a pro -rated reimbursement to the City for the tool allowance shall be withheld from the employee's final paycheck, based upon the number of months left in the calendar year Example Employee receives $525 00 tool allowance in January and then separates from employment in May Employee would be required to reimburse the City in the amount of $306 25 ($525.00 divided by 12 = $43 75 /month x 7 months {June through December} ). 15.4.4 The City will purchase all specialty or new tools that are required to perform the Job because of changing technology or City equipment 15.4.5 Replacement of tools lost or stolen on City property or while performing City business will be replaced in accordance with City Policy #3- 10 -16. 15.4.6 All special and heavy duty tools, power tools, and tools larger than one -half (1/2) inch drive will be furnished and maintained by the City The City will service and repair all employee owned pneumatic and calibrated tools 15.5 Safety Shoes —The City will reimburse employees up to a maximum of $175 00 for the cost of WISHA approved safety or calked shoes/boots, when the Department/Division has determined that they are required including inspectors 15.6 CDL License — When a Commercial Drivers license (CDL) is required for a position by the City, the City will only pay for the cost of the CDL endorsement and required physical examination when making initial application and upon any required renewal 15.7 License/Certification Differential Pal - Employees who are required by the City to have a Washington State certification or license above the minimum certification level set forth below will receive fifty dollars ($50.00) per month for each current certificate above the established minimum Certifications obtained outside of the certification series identified for the division or work group will be considered only when such certification benefits the City as determined by the Director of Public Works & Utilities. Effective January 1, 2009 any certification beyond one level above the certification required for the employee to do his/her Job will not result in any additional $50 license differential This provision shall not apply to employees who are currently receiving multiple license differentials as of 12/31/08, however, keeping licensing current shall be the responsibility of the employee, and should any certification lapse, any differential for such license shall no longer apply 15.7.1 WWTP (WWTP Operator Certification Series) WWTP Operator I- WWTPO Group 11 Plant WWTP Operator H — WWTPO Group III Plant COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 29 of 50 WWTP Lab Technician - WWTPO Group Il Plant WWTP Operations Supervisor - WWTPO Group III Plant 15.7.2 Water Operations (Water Distribution Certification Series) Water Operator - Water Distribution Manager I Water Operator Sr. - Water Distribution Manager Il Water Operator Lead - Water Distribution Manager Il Water Operations Supervisor - Water Distribution Manager III Environmental Technician and Water Resources Assistant (Water Distribution, WWTP Operator, or Sewer Collection Certification Series) Level H Certification in any Series Differential pay is allowed for certifications above Level Hfor one series only 15.7.3 Water Maintenance (Water Distribution Certification Series) Water Distribution Supervisor - Water Distribution Manager III 15.7.4 Cross Connection Control Specialist (Cross Connection Control and Backflow Assembly Tester Certification Series) Cross Connection Control Specialist I 15.7.5 Storm /Sewer Maintenance (Sewer Collection System Certification Series) Utility Service Specialist Supervisor - Sewer Collection System Level III 15.7.6 Automotive Maintenance Technicians (Automotive Service Excellence Certification Series) One ASE Master Certification - Automotive, Heavy Equipment, or Emergency Vehicle Technician. Differential nay is allowed for each additional Master Certiluation 15.7.7 Electronics (International Municipal Signal Association - Traffic Signal Certification Series and NT Telephone Certification) Electronics Technician - IMSA Level Il - Traffic Signal COLLECTIVE BARGAINING AGREEMENT C ity of Bremerton and Teamsters 4589 January 1, 2012 through December 31, 2013 Page 30 of 50 15.7.8 Traffic Maintenance (International Municipal Signal Association - Signs and Markings Certification Series) Sign Shop Service Specialist Supervisor - IMSA Level III - Signs and Markings 15.7.9 Engineering (Professional Engineer and Land Surveyor). There is no Certification Pay allowed for EIT or LSIT Certifications. Engineer I - Engineer -In- Trawling Certification or Land Surveyor -in- Training Certi= Engineer II - Engmeer -In- Training Certification Engineer III - Professional Engineer 15.8 Maintenance of Certifications — The City will reimburse an employee for the actual costs of obtaining and maintaining a professional or work related certification including a CDL license, which is required by the City or has been required as a condition of working in a particular classification 15.9 Failure to Maintain/Obtain Required Certifications — If an employee fails to obtain or maintain a certification required in order to perform the essential duties and functions of his/her position, he /she shall be terminated, unless the employee can demonstrate that he /she has not been permitted by the City to attend the required training and instead required to work In the case of a CDL license, an employee may be terminated New hires who are required to obtain a CDL license for their position within six months from their date of lure, and who fail to obtain the required CDL license shall be terminated by the City 15.10 Meal Expense — The City will reimburse an employee up to fifteen dollars ($15 00) 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 will submit an appropriate expense claim form 15.11 Travel Authorization and Expense Reimbursement — Travel authorization and expense reimbursement shall be pursuant to Chapter 2 74, Travel Authorization and Expense Reimbursement, of the Bremerton Municipal Code ARTICLE 16 SUBCONTRACTING WORK 16.1 The City of Bremerton and the Union will agree that conditions surrounding decisions to subcontract work normally performed by non - uniformed employees are subject to the following The City will provide a minimum of thirty (30) days advance notice of it's COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 31 of 50 intention to subcontract out work and bargain the impact of such proposed subcontracting In the event the City enters into a contract, depending on the needs of the City at that time, the City shall have the option to either to keep those affected employees employed in any ,fob classification for which they are qualified, at their current rate of pay, or to pay them under the following conditions: Either one (1) week of severance pay or continued employment for each completed year of regular employment with the City, up to a maximum of 16 weeks. Employees will be cashed out of all vacation leave accrued as provided by current agreement. Pay out for Sick leave accrual will be granted only to those employees who are within five (5) years of earliest retirement under (PERS), and then at a maximum not to exceed seventeen and one -half percent (17 5 %) of their existing balance Those affected employees will also be placed on a Layoff Register pursuant to Article 36 Layoff/Recall ARTICLE 17 EMPLOYEES STILL COVERED BY CIVIL SERVICE Police and Fire Department non -sworn employees covered by this collective bargaining agreement retain their Civil Service rights pursuant to State law. ARTICLE 18 DRUG FREE WORK PLACE 18.1 The maintenance of a drug -free work place is essential to the safety and welfare of City employees The following provisions will apply to employees covered by this agreement 18.2 Controlled Substances - 18.2.1 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. 18.2.2 As a condition of employment, all employees must notify their Department Director/Division Manager of any criminal drug statute conviction for a violation occurring in the work place no later than five days after such a conviction. 183 Prescription or Over - the - Counter Drug 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. 18.4 Employee 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 rehabihtation program COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 32 of 50 18.5 Drug Abuse Education Program — The City will utilize all available City resources, such as the Police Department, to educate employees as to the dangers of drug abuse 18.6 Confidentiality — The confidentiality of all complaints and reported violations of the provisions of this policy will be strictly maintained, except as required by public disclosure laws or court orders 18.7 The parties have agreed to the City of Bremerton Human Resources Policy 3 -20 -03 "Drug and Alcohol Policy" for employees required to have a Commercial Driver's License, with an effective date of January 1, 1996. The parties agree that the City of Bremerton Human Resources Policy #3- 20 -03" Drug and Alcohol Policy" will apply to employees not required to have a CDL, however, they will not be subject to random testing ARTICLE 19 BUS PASSES 19.1 The City will provide Kitsap Transit bus passes to employees working in the downtown core who request bus passes To be eligible to receive such passes, the employee must ride the bus to and from work an average of three (3) times a week. The City will establish procedures for the issuance of bus passes to employees It shall be understood that an employee issued a bus pass is not eligible to receive free downtown parking ARTICLE 20 MANAGEMENT RIGHTS 20.1 The Union recognizes that the City has the responsibility and authority to advance to the fullest extent possible the economy of operation of the City and to protect the primary interests of the citizens of the City The Union recognizes the prerogative and responsibility of the City to operate and manage its affairs in all respects in accordance with its lawful authority whether heretofore or hereafter exercised and regardless of the frequency or infrequency of the exercise of such rights 20.2 The management of the City, and the direction of the City's working forces, including the right to hire, suspend or discharge employees for dust cause (newly hired probationary employees without cause), promote employees, demote employees for just cause, to assign fobs, to transfer employees within the bargaining unit, to increase and decrease the working force, to establish standards, to determine work to be accomplished, the schedules of operation and the methods, process and means of operation or handling are vested exclusively in the City unless such authority or right is abridged, delegated, or modified by this Agreement. 20.3 The City shall have the right to determine reasonable schedules of work (part-tune, eight, nine or ten hours shifts) and to establish the methods and processes by which such work is performed including the right to establish employee evaluation processes and standards of performance and to maintain order and efficiency through the establishment and COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 33 of 50 enforcement of rules regarding safety, security, and conduct. The City shall have the right to designate or make changes regarding the location of its offices, facilities, places of business, and the equipment and machinery to be utilized or to make technological changes with respect thereto. ARTICLE 21 WORK STOPPAGES 21.1 STRIKES/LOCKOUTS PROHIBITED - The City 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 will be a violation of this Agreement for the City 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 will be subject to disciplinary action. ARTICLE 22 GRIEVANCE PROCEDURE 22.1 Definitions 22.1.1 Grievance — A grievance is an alleged contract violation, question, or challenge raised by a bargaining unit employee or the Union as to the correct interpretation or application of this Agreement by the City Such allegation, question, or challenge is to be resolved through this Grievance Procedure 22.1.2 Disciplinary Appeals — Bargaining umt employees who have been suspended, demoted or terminated may appeal their discipline either through the grievance procedure or to the Appeals Board (Civil Service Commission), but not both 22.2 Step 1 — An employee or Union representative who believes that a question exists as to the correct interpretation or application of this agreement will first discuss the action giving rise to the belief with the immediate supervisor involved within thirty (30) calendar days of the date the action took place or within thirty (30) calendar days of the date upon which the employee could reasonably have been expected to know of such action. The employee will have the right to be assisted by an authorized Union representative during this discussion if they request one. The time limits above shall not apply to payroll errors. 22.3 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 will reduce the grievance to writing and will state the section (or sections) of this agreement which is alleged to have been interpreted or applied incorrectly; an explanation of the grievance in detail, including dates, actions and such other information needed to understand the facts COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 34 of 50 and circumstances giving rise to the grievance, and the remedy sought The employee will have the right to be assisted by an authorized Union representative in reducing his or her grievance to writing. The employee or Union representative will present the written grievance to the employee's Department Director within fourteen (14) calendar days of the date the employee received the immediate supervisor's response The Department Director will 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 Director will reduce his or her decision to writing and will 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 22.4 Step 3 — In the event that the Department Director does not resolve the grievance to the satisfaction of the employee or the Union representative at Step 2 of this procedure, the employee or the Union representative will transmit a copy of the original grievance along with a copy of the Department Director's written response to the Human Resources Manager within fourteen (14) calendar days of receipt of the Department Director's written response The Human Resources Manager will consider the grievance and may convene a meeting The Human Resources Manager will reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Union 22.5 Sten 4 — In the event that the Human Resources Manager does not resolve the grievance at Step 3 of this procedure, the Union may request arbitration of the issue by written notification to the Human Resources Manager within thirty (30) calendar days of the Step 3 response Immediately thereafter, the parties will petition the Federal Mediation and Conciliation Service (FMCS) for a list of nine (9) arbitrators who are residents of the Northwest (Washington, Oregon, and Idaho) 22.6 Powers and Duties of the Arbitrator — It will be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing will be kept informal and private The arbitrator will interpret the provisions of this agreement as they apply to the issue or issues submitted for decision and will not add to, subtract from nor in any way otherwise alter nor recommend the alteration of the terms and conditions of the agreement in deciding the matter As soon as is practicable after conducting the hearing, the arbitrator will render a written decision which will be binding upon the parties 22.7 Costs of Arbitration — The expenses of the neutral arbitrator will be borne equally by the parties Each party will singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses and attorneys In the event the parties mutually desire a record of the proceedings, the cost of obtaining such record shall be borne equally by both parties 22.8 Time Limits — Time limits established in this procedure will be strictly adhered to but may be waived by mutual agreement of the Union and the City. All procedures contained herein will be complied with as expeditiously as practicable COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January I, 2012 through December 31, 2013 Page 35 of 50 ARTICLE 23 SEVERABILITY In the event that any provision of this Agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal pending a final determination as to its validity, the remaining provisions of this Agreement will not be held invalid and will remain in full force and effect The Union and the City will immediately meet and attempt to renegotiate any provision found invalid ARTICLE 24 ENTIRE AGREEMENT The Union and the City acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement Therefore, the City and the Union each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically covered by the Articles of this Agreement during the term of this Agreement, except as mutually agreed upon ARTICLE 25 CONFLICTING PROVISIONS In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this agreement will prevail ARTICLE 26 LABOR MANAGEMENT COMMITTEE 26.1 Labor Management — The City and the Union agree that a need exists for closer cooperation between labor and management To accomplish this objective, the Employer and the Union agree that no more than five (5) duly authorized representatives of the Union will function as one -half (1/2) of a Labor - Management Committee, the other half being no more than five (5) certain representatives of the City named for that purpose. The Committee will meet as necessary for the purpose of discussing and facilitating the resolution of all problems, which may arise between the parties. The City will provide a draft of the minutes of the meeting to the Union's Committee members within (2) two weeks of the meeting. The Committee will be chaired by a member elected by the Committee. 26.2 Amendments to Agreement - Should the Union and Employer mutually agree to change, add, or delete any provision of this Agreement, policies or rules, such change will be set forth in writing COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 lanuary 1, 2012 through December 31, 2013 Page 36 of 50 ARTICLE 27 JOB SHARING 27.1 Job Sharing - The parties consider fob sharing as a potential viable alternative to full time employment. Jobs may be shared on an hourly, or daily basis 27.2 Job Sharing Leave - All leave for job- sharing employees will be provided on a pro -rated basis Insurance benefits premium costs will be determined on a case by case basks, however, the total cost to the City cannot exceed the cost for a full time employee 27.3 Job Sharing Agreement - Job sharing may only be done by mutual agreement of the employees affected and Department Director or designee Vacant full time positions may be announced as "Job Sharing" only if agreed to by the City and Union 27.4 Hours Worked - All time worked by an employee above the base scheduled hours for the position will be considered overtime, provided, however, that the combined paid hours for the position exceed forty (40) in the work week 27.5 Required Sign -off - Job sharing employees must sign a "Job Sharing Contract" acknowledging their acceptance of appropriate conditions including the following 27.5.1 Agreement Termination by Employees - Either fob sharing employee may request terminating the contract and returning to full -time employment Accommodation of this request shall be subject to the availability of a vacant position The remaining employee may be required to work full -time until another ",fob sharing" employee can be found, and Is approved by the Department Director or designee. 27.5.2 Absence of Employee - Job sharing employees agree to work full -tune during the absence of the other employee, when requested. 27.5.3 Employee Status - Regular status for employees "job sharing" will be achieved upon successful completion of hours worked equivalent to the duration of the probationary period for the classification 27.5.4 Step Increases - Step increases for ",fob sharing" employees shall be granted in the same manner as full -time employees on an equivalent basis 27.5.5 Other Conditions - Other conditions as may be considered necessary by the Department Director or designee may be made part of the fob sharing contract Provided, however, that they do not alter any terms of this Labor Agreement 27.5.6 Agreement Termination by Department - The fob sharing contract may be terminated at the discretion of the Department Director or designee. 27.6 Work Schedule/Insurance Benefits - The negotiated ,fob sharing contract will indicate COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 37 of 50 the base schedule to be worked by each employee and the distribution of insurance benefits premium costs. ARTICLE 28 TEMPORARY ASSIGNMENT AND SPECIAL ASSIGNMENT 28.1 Temporary Assignment - An employee covered by this Agreement may be temporarily assigned the duties and responsibilities of a position which has a higher pay classification than his/her regularly assigned classification in which the incumbent employee is absent due to an extended illness, leave of absence or other extenuating circumstances, An employee who is temporarily assigned to such a position shall be compensated at five percent (5 %) above his/her current base pay rate plus longevity if applicable, or the first step of the higher pay rate, whichever is greater. In no case shall an employee be paid more than the top pay step of the higher classification or serve in a temporary assignment for more than one (1) year. A temporary assignment may be extended one (1) time, on a case -by -case basis, for up to a maximum of six (6) months at the discretion of the Department Director Such extension shall require the concurrence of the Human Resources Manager and the Union It shall be understood that compensation at the higher pay rate shall be effective after the completion of twenty -four (24) consecutive hours in the temporary assignment The first twenty -four (24) hours of the temporary assignment shall be paid at the employee's regular base rate of pay plus longevity, if applicable Temporary Assignment will not affect an employee's anniversary date for step advancement purposes 28.2 Special Assignment — An employee covered by this agreement may be placed in a special assignment, rather than being permanently reclassified to a higher level to allow for employee rotation, to enhance upward mobility, or for special projects for a period of one (1) calendar year or less A Special Assignment may be extended one (1) time, on a case - by -case basis, for up to a maximum of six (6) months at the discretion of the Department Director Such extension shall require the concurrence of the Human Resources Manager and the Union. Special Assignments shall not to be used for staffing shortages Compensation for Special Assignments may be granted up to a maximum of ten percent 10% above what the current base rate of pay plus longevity if applicable is for the employee and requires the approval of the Human Resources Manager. Special Assignment will not affect an employee's anniversary date for step advancement purposes. ARTICLE 29 WASTEWATER TREATMENT PLANT — EMPLOYEES 29.1 Any certifications beyond one (1) level above the certification required for the employee to perform his/her ,fob will not result in any additional $50 license differential for 29 2, 29.3 and 29.4 below. This provision shall not apply to employees who are currently receiving multiple license differential amounts as of 12/31/08; however, keeping licensing current shall be the responsibility of the employee, and should any license lapse, any COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters €1589 January 1, 2012 through December 31, 2013 Page 38 of 50 any differential for such license shall no longer apply 29.2 WWTP Operator I License Differential — WWTP Operator I employees that are required by the employer and/or choose to have a Washington State Operator's License above Group II will receive Fifty Dollars ($50.00) per month for each current certificate above Group II 29.3 WWTP Operator H License Differential — WWTP Operator II's that are required by the employer to have a Washington State Operator's License above a Group III, will receive Fifty Dollars ($50 00) per month for each certificate above Group M. 29.4 WWTP Operations Supervisor License Differential — WWTP Operation Supervisor's that have a Washington State Operator's license above Group III, will receive Fifty Dollars ($50 00) per month for each certification above Group III 29.5 WWTP Operator -in- Charge Differential - When the employer designates a WWTP Operator -in- Charge for a minimum of one full shift, they will receive a five (5 %) percent differential applied to their base hourly pay for each shift so assigned 29.6 WWTP Maintenance Technician -in- Charge Differential - When the employer designates a WWTP Maintenance Technician-in- Charge for a minimum of one full shift, they will receive a five (5 %) percent differential applied to their base hourly pay rate plus longevity if applicable, for each shift so assigned 29.7 WWTP Operator Trainee Training Period — The training period shall be not less than six (6) months and no more than eighteen (18) months, contingent upon when employee obtains the required license 29.8 Promoted Employees - If between twelve (12) and eighteen (18) months the employee does not qualify for WWTP Operator they will be returned to the class they previously held, provided they held such class in a non - probationary status 29.9 WWTP Maintenance Technician Trainee - Upon successful completion of probation the WWTP Maintenance Technician Trainee shall be reclassified as WWTP Maintenance Technician ARTICLE 30 TEAMSTERS SUPPLEMENTAL PENSION PLAN The City agrees to allow the bargaining unit employees the opportunity to voluntarily participate in the Teamsters Supplemental Pension Plan. It shall be understood that participation in this plan shall be strictly voluntary and that 100% of the cost of participation shall be the sole responsibility of the employee ARTICLE 31 DOWNTOWN PARKING COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 39 of 50 The City shall provide free parking for all bargaining unit members who are assigned to work on a regular basis in the downtown area. ARTICLE 32 AUTOMATIC PROMOTION FROM PLANNER I TO PLANNER II AFTER THREE (3) YEARS Employees hued as Planner I who successfully complete three (3) years of employment with the City as a Planner I, upon reaching their thud (3rd) year anniversary date, will be automatically promoted to Planner II without testing as long as his/her 3rd year annual evaluation reflects a "Meets Expectations" or higher rating If a Planner I fails to receive their 3` year annual evaluation in a timely manner, it shall be assumed that their performance "Meets Expectations" and they will be promoted to Planner H. This does not preclude the City from promoting a Planner I to a Planner H position through the normal promotional testing process prior to reaching his/her 3rd year anniversary ARTICLE 33 DISCIPLINE 33.1 Coordination of Discipline - Prior to the imposition of any discipline or discharge of a regular employee, the Department will coordinate the action contemplated with the Human Resources Manager and City Attorney's office to ensure that the proper procedures are followed 33.2 "Just Cause" Discipline - Discipline shall be unposed for just cause. 33.3 Types of Discipline - The Department Director or Division Manager (except for termination of employment which can only be imposed by the Department Director) may administer the following types of discipline provided, however, the following list shall not be construed to set forth any necessary sequence of progressive discipline and does not limit alternative methods /forms of discipline 33.3.1 Written reprimand 33.3.2 Suspension without pay not to exceed thirty (30) days. 33.3.3 An alternative for suspension without pay may be a: a. Reduction in Step for a specified period of tune, not to exceed an amount equivalent to five (5) days suspension. b. Reduction of accrued vacation leave by a specific number of hours, not to exceed five (5) days suspension. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 40 of 50 33.3.4 Demotion a Demotion of a regular employee to a lower position for dust cause may be made by the Department Director or Division Manager If it is proposed that the employee be transferred to another department, the receiving Department Director must give approval b A regular employee so demoted shall lose all rights to a position in the higher class, and shall not, in the event of a layoff or reduction, be placed on a layoff reinstatement register for the higher class c A demoted employee's rate of pay shall be reduced by 10% If an employee's pay rate after the 10% reduction is greater than the top step of the position to which they were demoted, then his/her pay rate will be frozen until such tune that the top step catches up to his/her frozen pay rate EXAMPLE An Office Assistant Senior is demoted to an Office Assistant III (OA III) As an Office Assistant Senior (OA Sr.), the employee's rate of pay was $23 06. When demoted to OA III, the employee's rate of pay is reduced by 10% to $2132, which exceeds the top step of $20 69 in the OA III pay band The employee will remain at $2132 until such time as the top step of OA II exceeds that hourly rate 33.3.5 Termination 33.4 PRE - DISCIPLINARY HEARING 33.4.1 Prior to imposition of any discipline above a Written Reprimand, a pre- disciplmary hearing shall be held within five (5) working days from the date the employee was advised of the proposed discipline to be taken The regular employee shall be given an opportunity to respond to the charges, orally and /or in writing, as to why the department's proposed action should not be taken, and the date and time of the pre - disciplinary hearing 33.4.2 The Department Director/Division Manager (as applicable) shall conduct the hearing. The employee may have legal counsel, a union representative, and/or witnesses present at the pre - disciplinary hearing. The employee does not have the right to confront or cross examine witnesses of the City; however, he /she may ask questions at the discretion of the Department Director/Division Manager 33.4.3 The Department Director/Division Manager shall present an explanation of the evidence at the pre - disciplinary hearing, which shall be sufficient to apprise the employee of the basis for the proposed action COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #1589 January I, 2012 through December 31, 2013 Page 41 of 50 33.4.4 Within five (5) working days of the hearing, the Department Director/Division Manager shall advise the employee, in writing, of the outcome of the pre - disciplinary hearing, and the discipline to be imposed. 33.5 DISCIPLINARY APPEALS 33.5.1 Employees who have been demoted or whose employment has been suspended or terminated may appeal either through the grievance procedure or to the Appeals Board (Civil Service Commission), but not both 33.5.2 If an employee elects to use the grievance procedure for his/her appeal, it will begin at Step 3 of the grievance procedure 33.5.3 An employee who is issued a Written Reprimand shall be given the opportunity to have a letter of rebuttal attached to the charging document in response to the discipline taken Such letter shall be filed with Human Resources within fourteen (14) calendar days of issuance of the discipline. ARTICLE 34 SENIORITY Seniority shall be determined based upon years of continuous service within the bargaining unit However, all seniority shall be lost after twenty -four (24) months in layoff status, or upon leaving the bargaining unit for any other reason (e g. resignation, termination or acceptance of a non - bargaining unit position) If a City employee is laid off and hired back into a bargaining unit position within twenty -four (24) calendar months of layoff, then that employee shall have all previously earned bargaining unit seniority restored ARTICLE 35 LAYOFFS/RECALLS 35.1 Reductions in Force (R.I.F.) Should the City decide to reduce the work force, layoffs shall be made as follows - 35.1.1 By Classification and by Division 35.1.2 By Seniority- The City will provide at least thirty (30) days notice to the affected employees. The affected employees shall be the least senior employees in that classification within the division. Any temporary/probationary employee in that classification will be laid off prior to any regular employee being laid off 35.1.3 In the event two (2) employees in the same classification have the same seniority date, seniority will be determined by going back to the original hiring register from which they were hired, and the employee with the highest overall score shall be considered to have the higher seniority. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 42 of 50 35.2 Layoff Procedure - Employees who received R IF notices and were not placed in positions pursuant to this Collective Bargaining Agreement shall receive notice of layoff twenty (20) working days prior to the effective date of the layoff 35.2.1 All temporary employees performing similar duties as employees in the same layoff classification shall be separated from employment first 35.2.2 All probationary employees in the same layoff classification shall be laid off next. 35.3 Bumping Ootions Of Employees Affected By Reduction In Force - Employees receiving R I F notices shall be offered these options which may be available within the bargaining unit, and will be given reasonable time to consider these options: 35.3.1 A transfer to a vacant position within the same city -wide classification (e g. Office Assistant Senior) and with no reduction in pay 35.3.2 The right to bump the least senior occupant in the same citywide classification 35.3.3 A transfer to a vacant position in the same or lesser pay grade for which the employee meets the minimum requirements and can obtain the necessary certification within six (6) months 35.3.4 The right to bump the least senior occupant in a classification in the same pay range in the department, whether or not the employee holds previous status, provided he /she meets the minimum qualifications, has greater seniority, and can perform the full range of duties of the position with a brief orientation or familiarization period (up to 45 calendar days) 35.3.5 The right to bump the least senior occupant in a lower classification in the bargaining unit or division, whether or not the employee holds previous status, provided he /she meets the minimum qualifications and has greater seniority Bumping permitted by this section and 35.3 3 above to positions not previously held shall be made without examination, but a six (6) month probationary period shall be mandatory Such probationary period shall only be based upon ability to perform the essential functions and duties of the position If employee is not able to perform the essential functions and duties of the position, then they will be laid off and placed on the lay -off register Bumping to positions previously held shall be allowed without examination or a probationary period 35.3.6 The right to bump the least senior occupant in a lower classification in a division that the employee had previously transferred or promoted out of Seniority for the purposes of this provision shall be that seniority credit the employee had at the time he or she transferred out of the position. The right to bump into a lower classification or equivalent if the ,lob title has been changed since he /she COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 43 of 50 transferred out of the position but the fob duties have remained essentially the same, shall terminate two (2) years after the transfer out of the bargaining unit 35.4 In addition, an employee receiving a R.I.F. notice may apply for any currently available promotional opportunities, subject to meeting the minimum requirements for any position for which they are applying. 35A.1 In the event there are no full time positions available for regular employees who receive a RIF notice to bump into, they will be permitted to bump into part-tune, temporary or seasonal positions for which they qualify. 35.4.2 Probationary employees who receive a RIF notice will be permitted to bump into part-time, temporary or seasonal positions for which they qualify. 35.5 Placement of Laid - off Emnlovees on Layoff Register - The names of regular employees and those employees covered under 35 4.2 above, who have been laid off shall be placed on a layoff register rated by seniority (the most senior by classification or division). 35.5.1 Layoff registers shall be maintained by the Human Resources Department in coordination with the Union 35.5.2 An employee's name shall remain on the register for 24 months from the date of layoff 35.5.3 An employee who has bumped to a lower position shall be reinstated to his/her former position, provided a vacancy occurs within the 24 month period and he /she meets the minimum requirements of the position. 35.5.4 An employee's name shall be removed for any of the following reasons 35.5.4.1 Inability to contact the employee by certified mail at the employee's last known address 35.5.4.2 Refection by the employee of an offer to return to a vacancy in the ,lob classification or division held previous to layoff. 35.5.4.3 A written statement by the employee that he /she has no further interest in returning to City of Bremerton employment 35.6 Recall From Layoff 35.6.1 Upon notification by the Human Resources Department that a vacancy exists, the affected department director shall contact the most senior candidate from the appropriate layoff register and offer him/her the position. If the most senior COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 44 of 50 candidate rejects the position, then the next senor candidate shall be offered the position, and so on. The City shall notify the Union of any recalled employee 35.6.2 In the event the appropriate register is exhausted, an employee on another layoff register shall be recalled to a classification vacancy, provided that either the employee meets the minimum qualifications or the special qualifications, training, or skill required for the position can be obtained through a short orientation or familiarization period of up to forty-five (45) calendar days, and provided the employee makes written application for the vacancy In no event shall any employee be recalled into a classification lvgher than that from which he /she was laid off. Such employee shall be subject to a probationary period in the new position subject to section 36 6 1 35.6.2.1 The Human Resources Department shall exhaust the appropriate lay off register before opening the position to new hires 35.6.2.2 An employee recalled will be required to pass a physical exam, if required for the position, in order to determine if he /she Is physically able to perform the essential functions and responsibilities of the position 35.7 Reinstatement - An employee who is laid off may be reinstated to a vacancy within 24 months of layoff without competition Such employees shall be credited with - 35.7.1 Seniority and step increase dates adjusted for the time laid off shall be subject to section 36 8 C, 35.7.2 The previous rate of sick leave and vacation accrual based on years of service as of the time of layoff, 35.7.3 Reinstatement of previous sick leave accrual balances 35.7.4 Regular status only if reinstatement is to the same division from which layoff occurred and if regular status had been previously attained, 35.7.5 Benefits In accordance with any restrictions or waiting period imposed by plan documents (Medical/Dental/Life) 35.7.6 Any employee who is reinstated from a layoff register to a classification or division not previously held shall be 35.7.6.1 Required to serve a three (3) month probationary period A reinstated employee who fails to complete the probationary period shall be returned to the layoff register for the remainder COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 45 of 50 of the 24 month period established by the date of the original layoff; 35.7.6.2 Given new seniority and increment dates for pay purposes (i.e. longevity, annual step increases); 35.7.6.3 Given the previous sick leave accrual balances. 35.7.6.4 Given benefits in accordance with any restrictions or waiting period unposed by the plan documents (Medical/Dental/Life) 35.8 Recall Notification 35.8.1 Laid -off employees shall be carried by the City on a lay -off register for a period of 24 months, and shall be notified of any openings for which they are eligible Eligible, for purposes of this Article, shall mean that the employee has previously held regular status in the classification and has not been demoted from the classification. No vacancies shall be posted, advertised or filled while there Is an eligible employee on the lay -off list An employee on the lay -off list may refuse to return to a lesser position than that from which they were laid -off without loss of all recall rights An employee may not refuse to return to the classification from which they were laid off without loss of all recall rights 35.8.2 A recalled employee shall return on the date and tune set by the City, which in no event shall be sooner than two (2) weeks from the time the employee was mailed a notice or recall to the last known address of the employee, unless by mutual consent to an earlier starting date. No temporary employees shall be hired to do bargaining unit work by the department while any regular employees are in lay -off status 35.8.3 Employees rehired from the lay -off list shall not suffer any loss of seniority or benefits as a result of lay -off, but shall not accrue seniority, wages, or benefits during lay -off. 35.8.4 The lay -off or recall from lay -off procedures set forth above will be administered in a manner that does not unfairly discriminate against any individual employee ARTICLE 36 PROMOTION 36.1 Procedure - Should a position vacancy occur, as determined by the City, the City shall be required to consider, but not necessarily select, candidates for promotion from within the bargaining unit before selecting employees from outside the bargaining unit. In any COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 46 of 50 event, the City may select the applicant who, in the City's opinion, is the best qualified for any position opening in the bargaining unit, or from any source whatsoever Vacancies will be posted internally for no less than fifteen (15) calendar days 36.1.1 A bargaining unit employee who is promoted shall be placed at the closest step in the new range that provides at least a five percent (5 %) increase in salary and does not exceed the maximum of the pay range 36.1.2 The promotional probationary period shall be six (6) months 36.2 Failure to Complete Probation - The promotional probationary employee who fails to successfully complete probation shall be demoted to the lower position from which he /she was promoted Such determination shall be made at the sole discretion of the City and the reasons shall not necessarily constitute just cause ARTICLE 37 EMPLOYMENT GUIDELINES 37.1 General Guidelines for Employment 37.1.1 Non - discrimination - The City shall not discriminate against any City employee or any applicant for employment on the basis of race, religion, color, national origin, gender, age, sexual orientation or disability 37.1.2 Basis of Employment — All employment with the City shall be based on meet, knowledge, skill, ability qualification and moral fitness as evidenced by 37.1.2.1 Education, training and experience as reflected by the application form resume' and other documentation of certification, registration, etc 37.1.2.2 Written and/or performance tests (when applicable) 37.1.2.3 After a conditional offer of employment is made, pre - employment physical and drug testing (if applicable to the position) shall be required to determine whether the individual can effectively perform the essential functions and responsibilities of the position for which they are being considered with or without reasonable accommodation Such physical examination shall be performed by a city - designated physician and laboratory and paid for by the City 37.1.2.4 Background investigation including criminal history, credential /degree verification and reference checks as allowed by law 37.2 Nepotism COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters 4589 January 1, 2012 through December 31, 2013 Page 47 of 50 37.2.1 Immediate Family Members - It is the City's policy that immediate family members of City employees will not be hired if: 37.2.1.1 One member would have the authority or be in a position to supervise, hire, remove or discipline the other; or 37.2.1.2 One member would be responsible for auditing or evaluating the work of the other, or 37.2.1.3 Other circumstances exist, which would place the relatives in a situation of actual or reasonably foreseeable conflict between the City's interest and their own 37.2.2 No Preference for Family Members - The City conducts open and competitive hiring processes. Preference will not be given to candidates who are immediate family members 37.2.3 Immediate Family - For purposes of this Article shall be defined as- Spouse, child, brother, sister, parents, grandparents, step relations, in -laws, dependents and anyone residing in the employee's household. 37.2.4 Relationship Occurring During Emuloyment — When a relationship, as defined under immediate family in this Article occurs during employment, the two (2) affected employees may remain in their current positions provided they are not in conflict with the restrictions identified in this Article If a conflict is created by the relationship, the City will attempt to arrange a transfer or change in position If a suitable transfer /change in position is not available, one of the employees will be separated from City service. Every attempt will be made to effect transfer or separation on the basis of agreement between the employees involved and the City If a mutual agreement is unattainable, the Mayor will determine, in the City's best interest, the employee to be transferred or separated 37.3 Vacancy Announcements - The City shall post announcement notices of position vacancies in the local newspaper, on City internal and external web sites, in all City departments and an electronic copy to the Union on the date the position is posted on the City's web sites. 37.4 Examinations or Testing - Appointments shall be made according to skill, ability, qualification, merit and fitness, which shall be ascertained by examinations conducted under the guidance of the Human Resources division. 37.4.1 Examinations may be assembled or non - assembled, and may include written, oral, physical tests, performance tests, interviews, ratings, training, experience, computer -based examinations, criteria rating forms, or any combination of these. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 48 of 50 375 Promotions 37.5.1 The City shall make a reasonable effort to offer promotional opportunities to current employees when possible. a 37.5.2 Promotional postings shall be placed on the City's internal web site and copies sent to all departments for posting on the Union bulletin boards, to the Union and shop stewards 37.5.3 Current bargaining umt employees who successfully complete the examination/testing process for promotion will have seven and one half percent (7 S %) of their PASSING score added to their final score 37.5.4 Human Resources will develop a policy for rating candidates for promotional opportunities. 37.5.5 If the Department Director in the department where a vacancy exists proposes to fill such position through the promotional process, he /she shall have the sole discretion to determine whether or not to consider transfer requests for the position from other bargaining unit employees in the same classification as the position vacancy Such decision will be included in the promotional announcement ARTICLE 38 OTHER ISSUES RELATING TO CONVERSION FROM CIVIL SERVICE The City and the Union agree that any issue that arises in relation to the conversion from Civil Service until a successor contract is ratified by both parties, shall be addressed in Joint Labor Management Committee meetings ARTICLE 39 TERM This Agreement will become effective upon January 1, 2012 and will remain in effect through December 31, 2013 All requests to amend, modify or terminate this Agreement will require either party to file written notice upon the other at least one hundred eighty (180) days prior to December 31, 2013 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 will become binding upon the City, the Union and all of the employees in the bargaining unit covered by this agreement COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 49 of 50 APPROVED by the Bremerton City Council on the 1 st day of August 2012. Signed this 7w day of August, 2012 FOR THE CITY OF BREMERTON: FOR GENERAL TEAMSTERS LOCAL UNION #589: 66a Behmre, ohn Witte, Human Resources Manager Business Representative T Approved as to Form: �V Hono Patty Lent, Mayor Attest: S P R bovich rney annon Corin, City Clerk i I i COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2012 through December 31, 2013 Page 50 of 50 i I APPENDIX A TEAMSTERS 2012 - 2013 EFFECTIVE JANUARY 1, 2012 THROUGH DECEMBER 31, 2013 0% COLA 12 Mos 12 Mos 12 Mos 12 Mos 12 Mos 12 Mos Hours Worked Per Year 2088 to Ste° B Steo C 11W t E S ec F 3teo G 32,970 33,846 ]34,661 1 35,6001 36,5821 37,521 38,503 ;Parks Laborer IMonthly 2,748 1 2,821 ( 2,888 ,_ 2,967 3,049 3,127 3,209 1 Semi Monthly i 1,374 1,411 11,444 j 1,484 1,52 55 1 64 1,605 uri� y 15 916 211360 TH 17.05 f7tr52� >171 4 4_� IOT Hourly 23 69 1 2432 24 90 1 2558 1 26281 2696 27_66 +Longevity ,Base +1% ' 15 95 1 1637 1677 ; 1722 1 17 70 1 1815 1862 ( Base +2% 1611 16 - 531 16 93 1 1739 1787 1 18 33 1 1881 ,Base +3% 1626 16 70 1 1 7101 1756 18 05 1 1851 1 1899 Base +4% 1642 1686 1726 1773 1822 1 1869 1 1 918 . - Annual 34,661 35,600 36,582 ' 37,521 ; 38,503 ' 39,505 40,612 Office Assistant i Monthl 2,888 2,967 3,049 3,127 3,209 3,292 3,384 Semi-Monthly 1,444 1 1,4841 1,525 1,564 1,605 1, 6461 1,692 Houry► f ,K Y�16 0 -� 17 05 X17 52� = 7:97r? T= 1844,sg r18 92 4 .19 45 OT Hourly 24 90 2558 2628 26 96 27 66 2838 2918 i +Longevity Base +1% 1 1677 j 17 22 1 1770 ( 18151 18 62 1 1911 I 19 64 j Base +2% 1 16931 17391 17871 1833 1 1881 ' 1930 19 84 i Base +3% 1710 17561 1805 1851 , 18 99 1 1949 20 03 Base +4 1726 1773 1 18221 1869 1918 1968 2023 !Gra de-6 Annual 36,582 37,521 38,503 39,505 40,612 41,656 42,804 Office Assistant II ______ 7Monthly 3,049 3,127 3,209 3,292 3,384 3,471 3,567 Semi- Monthl 1,5251 1,564 1,605 1,646 1,692 f 1,736 1,784 OT Hourly 2628 26 96 2766 2838 2918 29 93 3075 +Longevity Base +1% 1 1770 i 1815 18621 1911 1964 ' 20151 2071 Base +2% 1787 1833 1881 1 1930 " 1984 2035 2091 Base +3% 1805 1851 18991 19 49 , 20031 2055 2112 i Base +4% 1822 1869 1918 1968 ' 2023 2075 2132 . - Annual 38,503 39,505 40,612 , 41,656 42,804 i 43,911 45,080 Customer Service Representative Monthly 3,209 3,29 3,384 1 3,471 3,567 f 3,659 3,757 Evidence Prop Contr. Spec Semi- Monthly 1,605 1,646 1,692 1 1,736 1 , 7 8 4 L 1,830 1,879 Office Assistant 111 Hou` ,1844 x' 18 921 45, ; Y .al9`85 20.50 21032159 Police Records Specialist 10T Hourly 2766 2838 2918 2993 3075 3155 32 39 Base +1% 1862 1911 19641 20151 2071 2124 2181 Base +2% 1881 19301 19 84 1 2035 2091 2145 2202 Base +3% 1899 1949 20031 20551 2112 2166 2224 iAcco unting Base +4% 1918 19 68 20 23 1 20 75 21 32 21 87 22 45 Annual 40,612 41,656 42,804 43,911 45,080 46,354 47,586 Assistant 11 Monthly 3,384 3,471 3,567 3,659 3,757 j 3,863 3,966 Automotive TechAsstistant Semi - Monthly 1,692 1,7361 1,784 1,630 1,879 1,932 1,983 Lead Evidence Prop Contr Spec. How " x'19 >> 19 95,x; 20 50 ?21.03" X21.59 ` `�2 20` X 22 78 at Technician 10T Hourly 2918 29931 3075 1 3155 32391 3330 3419 Office Assistant Senior 1 Base +1% 1964 2015 2071 2124 2181 2242 2302 Recreation Prog Coor. I I Base +2% _ 1984 2035 2091 2145 2902 , 2264 2325 Human Resources Assistant I Base +3% 2003 205 21 12 21 66 1 2224 2287 23 47 I Base ±4 % 2023 207 21 32 2187 22451 2309 2370 APPENDIX A TEAMSTERS 2012 - 2013 EFFECTIVE JANUARY 1, 2012 THROUGH DECEMBER 31, 2013 0•/. COLA 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos 12 Mos Hours Worked Per Year 2088 Stso A Stop B Step C Step St ep E Sten F Step - G • • - ' Annual 42,804 43,911 45,080 46,354 47,586 48,838 50,237 j Accounting Assistant 111 IMonthly 3,567 1 3,659 3,757 3,8631 3,966 1 4,070 4,186 Po lice Records Specialist 11 Semi - Monthly 1,784 1,8301 1,8791 1,932 1,983 2,035 2,093 (Water Resources Assistant ou 20`30m 1.03'21:59, -` x:22 20.2279^ 23 39 x 24:06 OT Ho url 3075 3155 3239 1 3330 34191 3509 3609 Base +1 1 2071 2124 2181 2242 2302 2362 2430 Base +2% 209 2145 2202 2264 2325 2386 2454 Base +3% 2112 2166 2224 22 87 2347 2409 I 2478 Base +4% I 2132 2187 2245 j 2309 2370 2433 2502 7Accounbng Annual 45,080 46,354 47,586 48,838 50,237 51,657 53,035 Assistant Senior Monthl 3,757 3,863 3,966 4,070 4,186 4,305 4,420 ce AssistantSeniorS ialist Semi -Month 1,879 1,932 1,983 2,035 2,093 2,153 2,210 ks Service S ialist 1 Specialist OT Hourl 3239 33301 3419 3509 36 09 3711 3810 Pro Assistant Base +1 % 2181 2242 23021 2362 24 30 249 2565 Web Support Specialist Base +2% 7709 2264 2325 23 86 24 54 25 23 25 91 WWTP Maintenance Tech Trainee Base +3% 2224 2287 2347 2409 2478 2548 2616 Base +4% 2245 1 2309 2370 2433 2502 2573 2642 I • • Annual 47,586 48,838 50,237 51,657 53,035 54,580 56,042 kEn r uildin & Dev Spec. 1 Monthly 3,966 4,070 4,166 4,305 4,420 4,548 4,670 gineenn n Technician II Semi-Monthly 1,983 2,0351 2,093 2,153 2,210 2,274 2,335 Facilities Service Specialist Hou ,' - w... ° ' Permit Technician OT Hourly 3419 3509 36091 3711 3810 3921 4026 Recreation Prog Coord 11 Base +1% 2302 2362 24301 2499 2565 26401 2711 Sign Shop Service Specialist Base +2% 2325 2386 2454 2523 2591 2666 2738 Street Service Specialist Base +3% 2347 2409 2478 2548 2616 2692 2765 UGldses Service Specialist Base +4% 2370 2433 2502 2573 2642 2719 2791 Water Operator WWTP Operator Trainee • _ Annual 50,237 51,657 53,035 54,580 56,042 57,504 59,132 u Home Detention Spec Monthly 4,186 4,305 4,420 4,5481 4,670 4,792 4,928 City Clerk Semi-Monthly 2,093 2,153 2,210 2,274 2,335 2,396 2,464 F Service Spec. Senior Hou °� 24'06 4' 4� 7540` ' X26:14 ' .26 27 °`28F32 I Parks Service Spec. Senior OT Hourly 3609 3711 3810 3921 4026 4131 4248 Probation Officer Base +1 % 2430 24991 2565 2640 2711 2782 28 Recreation Prog Coord. III Base +2% 2454 25231 2591 2666 2738 2809 2889 Warrant Server Base +3% 2478 25481 2616 2692 2765 2837 2917 W WTP Maintenance Technician Base +4% 2502 2573 2642 2719 2791 2864 2945 • - Annual 53,035 54,580 56,042 57,504 59,132 60,803 62,389 Automotive Equipment Tech. Monthly 4,420 4,548 4,670 4,792 4,928 5,067 5 Engineering Technician III Semi-Monthly! 2,210 2,274 2,335 2,396 2,464 2,534 2,600 Facilities Service Spec, Sr. o X25.40 1 2684 Y27n5u • X28. 29: c PC Technician OT Hourly 3810 3921 4026 4131 4248 4368 4482 Si n Shop Service Spec. Sr Base +1% 2565 26401 2711 2782 2860 2941 3018 Streets Service Specialist Sr. Base +2% 2591 26661 2738 2809 2889 2970 3048 Utilities Service Specialist Sr I Base +3% I 2616 26921 2765 2837 2917 2999 3078 Water Operator Sr. Base +4% 2642 27191 2791 2864 2945 3028 3108 WWTP Lab Technician APPENDIX A TEAMSTERS 2012 - 2013 EFFECTIVE JANUARY 1, 2012 THROUGH DECEMBER 31, 2013 0% COLA 12 Mos 12 Mos 12 Mos 12 Mos 12 Mos 12 Mos Hours Worked Per Year 2088 Steo A St @D B T to C e D E S�F to G de Annual � 56,042 57,504 ! 59,132 60,803 62,389 64,1 ° 66,002 1 l Accountant Monthly 1 4,670 1 4,792 1 4,928 5,067 5,199 ; 5, 44 5,5 Building Spec 11 Semi-Monthly 2,335 2,396 2 2,534 ; 2,600 2,672 ! 2,7501 Community Reso urce Specialist H_o y 26.84 2942 88s� 3 0 7.1M_ X 3161 Legal I Technician Senior OT Hourly 4026 4131 4248 1 43 68 1 4482 46 07 I 4742 1 Planner I jBase 41% 1 2711 2782 ! 2860 _ 2941 3018 i 3102 , 3193 1 WWTP Operator 1 kBase +2% 1 273 28 09 28891 2970 i 3048 313,2 ; - 3224 1Base +3% 27 65 28 37 2917 I 2999 , 3078 ( 3163 32 56 1 ;Base +4% E 2791 ( 2864 2945 1 3028 1 3108 1 3194 3287 . - Annual 59,132 1 60,803 1 62,389 I 64,122 ; 66,002 67 ,776 i 69,760 Application Support Analyst Monthly 4,928 5,067 5,199 1 , 5,344 1 5,500 5,648 5,813 1 Assistant Network Admin Semi - Monthly; 2,464 2,534 2,600 i 2,6721 2,750 2,824 2,907 Customer Service/PC Tech . ou 28 2912�°`2�9`88�" A30 7,1s 31`61 332 46` �t z33 41 Electronics Technician OT Hour 4248 ! 4368 4482 4607 47 42 ' 4869 5012 Engineering Technician IV Base +1% 2860 2941 3018 31 02 3193 3278 1 3374 Environmental Technician lBase +2% 2889 2970 30 48 ( 3,132 322 3 311 34 08 Journey Level Electrician I Base +3% 2917 2999 3078 3163 i 3256 1 - 3343 y 3441 Lead Automotive Equip Tech lBase +4% 2945 3028 3108 31941 32871 33 76 ; 34 75 Lead Facilities Service Spec Lead PC Technician Lead Utilities Service Spec. ! I I Lead Water Operator I I ! Parks Facilities Specialist - Parks Lead Service Specialist I Utilities Accounts Supervisor WWTP CMMS Technician WWTP Operator 11 i j I iGr a ' de 16 Annual 62,389 64,122 66,002 ! 67,776 69,760 71,765 73,748 Buildin & Dev Spec 111 Monthly 5,199 5,344 5,500 ; 5,648 5,813 ( 5,980 6,146 i Civil Engineer I Semi-Monthly 2,600 2,672 2,750 1 2,8241 2,907 2,990 1 3,073 1 71� , ,3 161 r, 32 33.4 37?"35 32 Code EritorcementOfficer ,� ��.. Cross Connection Cont Spec OT Hour 4482 46 07 1 47 42 48691 5012 1 5156 1 5298 1 Planner 11 Base +1% 301 31 02 31 93 1 32781 3374 3471 3567 ;Base +2% 3048 3132 3224 3311 1 34 08 1 3506 3603 Base +3% ( 3078 1 31631 3256 i 3343 3441 35 40 I 36 38 Base +4% 3108 1 3194 3287 33761 3475 l 3574 3673 i I Annual 66,002 67,776 69,760 71,765 73,7481 75,836 77,924 ' Auto Equip. Tech. Su yr Monthly 5,500 5,648 5,813 5,980 6,146 ( 6,320 i 6,494 Electronics Supervisor Semi - Monthl ( 2,750 2,824 2,9071 2,990 3,073 j 3,160 3,247 Facilities Invento Supvr ,H on„rJr 3161x 2348 "x'33 41` :37 <= 3r 32" . 13 32 37 32 7 Network Administrator OT Hourly 4742 4869 5012 5156 52981 5448 55 98 1 Parks Maintenance Su vr. !Base +1% 31 93 3278 3374 , 3471 g 36681 3769 t Sewer/Storm Collection Supervisor Base +2% 32 24 ( 3311 3408 1 35 0 6 36031 3705 3807 Sign Shop Sery Spec Supervisor Bas +3% . 32561 3343 , 3441 1 3540 36 38 1 37 ] 384 Streets Service Spec Supervisor Base +4% 3287 ; 33761 3475 ! 3574 3673 , 37 77 ! 3881 1 Utilities Service Spec. Supervisor I I I I ! Water Distribution Supervisor Water Resources Operations Supvr WWTP Maintenance Supvr. WWTP Operations Supervisor I I ( ! ( Jl APPENDIX A TEAMSTERS 2012 - 2013 EFFECTIVE JANUARY 1, 2012 THROUGH DECEMBER 31, 2013 0% COLA 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos 12 Mos Hours Worked Per Year 2088 Step A Stec B Stec C e • • r Annual 69,760 T 71,765 73,748 75,836 77,924 80,117 82,288 Civil Engineer 11 Monthly 5,813 5,980 6,146 6,320 6,494 6,676 6,857 En ineenng Technician Senior SemWonthly 2,907 2,990 3,073 3,1601 3,247 3,338 3,429 Form Service Spec. Supervisor Ho _ 1 X33 "41�{ 34 7° ,32 "36 32� X37; 2�r� °,38.37 39 g1 OT Hourly 5012 51 5 6 52 98 54 48 55981 5756 5912 Base +1% 3374 3471 3567 3668 37691 3875 3980 Base +2% 3408 3506 3603 3705 3807 3914 4020 Base +3% 3441 3540 3638 3741 3844 3952 4059 Base +4% 347 3574 3673 J 3777 38 81 39 90 4099 •• o ° "° - Annual 73,748 75,836 77,924 80,117 82,288 84,397 86,527 Civil Engineer III Monthly 6,146 1 6,3201 6,494 6,676 6,857 7,033 7,211 Semi -Month 3,073 3,160 3,247 3,338 3,429 3,517 3,606 Hou" - a��3532� +36`32 � 37.324 38 3T�, xm 39`41 �- 40.�2� •41644_ OT Hourly 5298 5448 5598 5756 5912 6063 6216 Base +1% 3567 36681 3769 3875 3980 4082 418 Base +2% 3603 3705 3807 3914 4020 4123 4227 Base +3% 3638 3741 3844 3952 40 59 1 4163 4268 Base +4% 36 73 37 77 38 81 39 90 40991 4204 4310 APPENDIX `B" Classification Series For use in the administration of a Reduction in Force (Lay -Offs) ACCOUNTING/FINANCIAL (Citywide) *Accountant Accounting Assistant Senior Accounting Assistant III Accounting Assistant II *Accounting Assistant I ** *Utility Accounts Supervisor ***Payroll Specialist CITY CLERK ** *Deputy City Clerk COMMUNITY DEVELOPMENT Building & Development Specialist III Building & Development Specialist II Building & Development Specialist I ***Code Enforcement Officer Planner II Planner I ELECTRONICS *Electronics Supervisor Electronics Technician Journey Level Electrician *Maintenance Electrician ENGINEERING Civil Engineer III Civil Engineer II Civil Engineer I Engineering Technician Senior Engineering Technician IV * Indicates an inactive classification series 0ob classification exists but not in current budget) ** Indicates some incumbents are covered by Civil Service Rule * ** Stand alone position APPENDIX "B" Classification Series ENGINEERING (CONTINUED) Engineering Technician III *Engineering Technician II *Engineering Technician I ** *Permit Technician ** *Project Assistant FACILITIES Facilities/Inventory Supervisor Facilities Service Specialist Lead Facilities Service Specialist Senior Facilities Service Specialist EQUIPMENT SERVICES Automotive Equipment Technician Supervisor *Automotive Equipment Technician Lead Automotive Equipment Technician Automotive Technician Assistant FORESTRY Forestry Service Specialist Supervisor *Forestry Service Specialist Lead Forestry Service Specialist Senior *Forestry Service Specialist INFORMATION TECHNOLOGY Network Administrator *Assistant Network Administrator Application Support Specialist Lead PC Technician *PC Technician *Computer Service/PC Technician *Computer Programmer Senior *Computer Programmer * & * * * Computer Operator - Utility ***Web Support Specialist * Indicates an inactive classification senes (job classification exists but not in current budget) ** Indicates some incumbents are covered by Civil Service Rule * ** Stand alone position APPENDIX "B" CIassification Series MUNICIPAL COURT Legal Technician Senor Legal Technician *"Probation Officer OFFICE /CLERICAL (City -wide) *Office Supervisor Office Assistant Senor Specialist Office Assistant Senior Office Assistant III Customer Service Representative Office Assistant II Office Assistant I * ** Human Resources Assistant PARKS Parks Maintenance Supervisor *Parks Service Specialist Lead Parks Service Specialist Senior Parks Service Specialist Parks Laborer * & ***Parks Facilities Specialist * & * * * Cemetery Caretaker POLICE Police Records Specialist II *Police Records Specialist I Evidence/Property Control Specialist Lead Evidence/Property Control Specialist ***Court Security/ Detention Specialist * * *Warrant Officer (Server) ** *Community Resource Specialist *Animal Control Officer * Indicates an inactive classification series 0ob classification exists but not in current budget) ** Indicates some incumbents are covered by Civil Service Rule * ** Stand alone position APPENDIX "B" Classification Series RECREATION Recreation Program Coordinator III Recreation Program Coordinator II Recreation Program Coordinator I *Aquatics Supervisor *Recreation Supervisor SIGN SHOP *Sign Shop Service Specialist Supervisor *Sign Shop Service Specialist Lead Sign Shop Service Specialist Senior *Sign Shop Service Specialist STREET Street Service Specialist Supervisor *Street Service Specialist Lead Street Service Specialist Senior Street Service Specialist UTILITIES (Sanitary & Storm Collection) Sewer /Storm Collection Supervisor Utilities Service Specialist Lead Utilities Service Specialist Semor Utilities Service Specialist WASTEWATER TREATMENT PLANT (WWTP) - MAINTENANCE WWTP Maintenance Supervisor WWTP CMMS Technician WWTP Maintenance Technician WWTP Maintenance Technician Trainee WASTEWATER TREATMENT PLANT —OPERATIONS WWTP Operations Supervisor WWTP Operator II WWTP Operator I * Indicates an inactive classification series Oob classification exists but not in current budget) ** Indicates some incumbents are covered by Civil Service Rule * ** Stand alone position APPENDIX "B" Classification Series WWTP Operator Trainee * * *WWTP Lab Technician WATER RESOURCES — OPERATIONS Water Resources Operations Supervisor Water Operator Lead Water Operator Senior Water Operator ***Environmental Technician * * *Water Resources Assistant WATER DISTRIBUTION Water Distribution Supervisor Lead Water Distribution Service Specialist Utilities Service Specialist Senior Utilities Service Specialist ** *Cross Connection Control Specialist *"Utilities *Utilities Customer Service Representative INDIVIDUAL JOB CLASSIFICATIONS *Project Coordinator ***Probation Officer (Municipal Court) ** *Project Assistant (Engineering & Economic Development) * Indicates an inactive classification series Oob classification exists but not in current budget) ** Indicates some incumbents are covered by Civil Service Rule * ** Stand alone position