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HomeMy WebLinkAbout18-008 - Teamsters #763 - 2017-2018 Labor Agreement (Professional/Supervisory Employees)18-008(a) Council Approval 4/1/19 MEMORANDUM OF UNDERSTANDING by and between CITY OF TUKWILA, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS TEAMSTERS LOCAL UNION NO. 763 (Representing the Professional/Supervisory Employees) January 1, 2017 through December 31, 2018 THIS MEMORANDUM OF UNDERSTANDING is by and between the CITY OF TUKWILA, WASHINGTON (hereinafter referred to as the "Employer") and the PUBLIC PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL NO. 763, affiliated with the International Brotherhood of Teamsters, (hereinafter referred to as the "Union"), representing the Professional/Supervisory Employees. Effective January 1, 2019, the City and the Union agree to extend the expiration date of the current Collective Bargaining Agreement, entered into on 1 January 2017, from December 31, 2018 to December 31, 2019. The City and the Union agree to the following terms: 1. Effective January 1, 2019 the applicable wage schedule shall be adjusted by 90% CPI-W, (June) 2017-2018 (3.24%). B22 B23 B31 B32 C41 C42 C51 C52 Step 1 00-12m $4,747 $5,077 $5,435 $5,816 $6,219 Step 2 13-24m $4,984 $5,334 $5,706 $6,108 $6,532 $6,659 $7,124 $7,623 $8,157 $8,728 $6,993 $7,480 $8,006 Step 3 25-36m $5,235 $5,600 $5,989 $6,410 $6,860 $7,342 Step 4 37-48m $7,852 $8,567 $9,165 $8,404 $8,991 $9,623 Step 5 49m + $5,494 $5,769 $5,882 $6,174 $6,294 $6,606 $6,732 $7,069 $7,204 $7,566 $7,708 $8,091 $8,249 $8,660 $8,826 $9,266 $9,444 $9,917 $10,105 ' $10,610 2. The City and the Union agree to initiate Collective Bargaining during the 2nd Quarter of 2019, in order to negotiate a successor agreement. 3. The City intends to change current pay dates from the 5th and 20th of every month to the 10th and 25th of every month. The City and the Union agree to bargain the effects of this change during the term of this contract extension in order to mitigate any potential undue hardship caused by such change. All previous agreements of the contract will remain in full effect for the duration of this extension. PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the Internati nal Brotherhood of Teamsters By ji' ) By oft A. Sullivan Secretary -Treasurer CITY OF TUKWILA, WASHINGTON Allan Ekberg, Mayor Date Date 18-008 Contract Approval 12/4/17 AGREEMENT by and between CITY OF TUKWILA, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Professional/Supervisory Employees) January 01, 2017.through December 31, 2018 AGREEMENT by and between CITY OF TUKWILA, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Professional/Supervisory Employees) January 01, 2017 through December 31, 2018 TABLE OF CONTENTS ARTICLE SUBJECT PAGE ARTICLE I DEFINITIONS 1 ARTICLE II RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION 2 ARTICLE III UNION RIGHTS AND NON-DISCRIMINATION 3 ARTICLE IV HOURS OF WORK 3 ARTICLE V OVERTIME AND CALLBACK 4 ARTICLE VI MONTHLY SALARIES 6 ARTICLE VII WORKING OUT OF CLASSIFICATION 6 ARTICLE VIII PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES 7 ARTICLE IX HOLIDAYS 8 ARTICLE X LEAVES 9 ARTICLE XI HEALTH INSURANCE 13 ARTICLE XII MISCELLANEOUS 15 ARTICLE XIII PERFORMANCE OF DUTY 16 ARTICLE XIV MAINTENANCE OF STANDARDS 16 ARTICLE XV MANAGEMENT RIGHTS 16 ARTICLE XVI WARNING NOTICE 17 ARTICLE XVII GRIEVANCE PROCEDURE 17 ARTICLE XVIII SEPARABILITY 18 ARTICLE XIX DURATION 19 APPENDIX "A" CLASSIFICATION AND MONTHLY RATES OF PAY 20 LETTER OF AGREEMENT - THREE QUARTER TIME EMPLOYEES 23 AGREEMENT by and between CITY OF TUKWILA, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Professional/Supervisory Employees) January 01, 2017 through December 31, 2018 THIS AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. ARTICLE I DEFINITIONS 1.1 As used herein, the following terms shall be defined as follows: 1.1.1 "Employer" shall mean the City of Tukwila, Washington. 1.1.2 "Union" shall mean Public, Professional & Office -Clerical Employees and Drivers Local Union No. 763, affiliated with the International Brotherhood of Teamsters. 1.1.3 "Bargaining Unit" shall mean all employees of the City of Tukwila, Washington, working in positions listed in Appendix "A". The City and Union agree to continue negotiating a Letter of Agreement to address inclusion of seasonal and temporary employees into the bargaining unit. The parties also agree (pursuant to WAC 391-35-350) failure to reach a tentative agreement on the issue shall not bar either party from filing a unit clarification on the matter and such filing shall be agreed to be timely during the period of this Agreement. The issue of application of the various provisions of the Labor Agreement shall be subject to the negotiations and by mutual agreement of the parties. 1.1.4 "Employee" shall mean a regular full-time or regular part-time employee twenty (20) hours or more per week in the bargaining unit (as defined in subparagraph 1.1.3 hereof) covered by this Agreement. 1.1.5 "Regular employee" shall mean an individual performing bargaining unit work for more than one thousand forty (1040) hours in a twelve (12) consecutive month period, excluding interns and employees funded by State or Federal grants. 1.1.6 "Monthly Salary" shall mean the monthly rate of pay so identified and set forth in Appendix "A" to this Agreement. 1.1.6.1 "Straight Time Hourly Rate of Pay" shall be based upon the formula utilized by the Employer for determining the employee's regular straight -time hourly rate of pay which is to divide the monthly salary by 173.33. (For example, an employee with a base monthly salary of $1733.30 would be paid a straight -time hourly rate of pay of $10.00 per hour) 1.1.7 "Overtime" shall mean work performed in excess of eight (8) hours at straight -time in any one day or forty (40) hours at straight -time in any one week. AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 1 1.1.8 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on which an eligible employee may, by prearrangement, continue to receive the regular rate of compensation although he does not work. ARTICLE II RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION 2.1 Recognition - The Employer recognizes the Union as the exclusive bargaining representative for the employees in the bargaining unit as defined in Article I, Section 1.1.3. 2.2 Union Membership - It shall be a condition of employment that all employees of the Employer covered by this Agreement who are members of the Union in good standing on the effective date of this Agreement shall remain members in good standing and all those who are not members of the Union on the effective date of this Agreement shall, on or before the thirtieth (30th) day following the effective date of this Agreement, become and remain members in good standing in the Union. It shall also be a condition of employment that all employees covered by this Agreement who are hired on or after its effective date shall, on or before the thirtieth (30th) day following the beginning of such employment, become and remain members in good standing in the Union. 2.3 Payroll Deduction - For such employees of the Employer as individually and voluntarily certify in writing that they authorize such deduction and for the duration of this Agreement, the Employer shall deduct from the first pay of each month the Union dues in an amount not to exceed the Union provision in effect. Such amount shall be remitted promptly to the duly designated officer of the Union. 2.4 Union Notification - Within ten (10) calendar days from the date of hire of a new employee, the Employer shall forward to the Union the name, address and social security number of the new employee. The Employer shall promptly notify the Union of all employees leaving its employment. 2.5 Democratic, Republican, Independent Voters Education Drive (DRIVE): The employer shall deduct a contribution from the pay of each employee who furnishes a written assignment for DRIVE education. DRIVE shall notify the employer of the amounts designated by each contributing employee that shall be deducted from his/her paycheck for all weeks worked on a semi-monthly basis and during the scheduled payroll processing period. The phrase "weeks worked" excludes any week other than a week in which the employee earned a wage. The employer shall transmit to DRIVE National Headquarters, on a monthly basis, in one check, the total amount deducted along with the name of each employee on whose behalf a deduction is made and the amount deducted from the employee's paycheck. The International Brotherhood of Teamsters shall reimburse the employer annually for the employer's actual cost for the expense incurred in administering the DRIVE payroll deduction plan. The employer will recognize authorization for the deductions from wages, if in compliance with state law, to be transmitted to the Local Union, or to such other organizations as the Union may request if mutually agreed to. No deduction shall be made which is prohibited by applicable law. The Union agrees to indemnify the employer to defend and to hold the employer harmless from and against any claims made against the employer resulting from its compliance with or obligations under the paragraph above, including but not limited to reimbursement for monies deducted in accordance with the paragraph above which are disputed by the employee. The Union, DRIVE and the employer further agree that all disputed deductions are to be resolved among the Union, DRIVE and the employees without the involvement of the employer. AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 2 ARTICLE III UNION RIGHTS AND NON-DISCRIMINATION 3.1 Union Officials Time -Off - A Union official who is an employee in the bargaining unit (Executive Board Member, Shop Steward or member of the negotiating committee) shall be granted time -off while conducting business vital to the employees in the bargaining unit, provided: 3.1.1 They notify the Employer in writing no less than forty-eight (48) hours prior to the time -off period. 3.1.2 The Employer is able to properly staff the employee's job duties during the time -off period. 3.1.3 The wage cost to the Employer is no greater than the cost that would have been incurred had the Union official not taken time -off. 3.1.4 Union officials shall not transact Union business while working on shift which in any way interferes with the operation of the normal routine of any department. 3.1.5 The Union shall notify the Employer in writing as to any changes in Union Officials. 3.2 Union Investigative and Visitation Privileges - Authorized representatives of the Union shall have access to the Employer's establishment during working hours for the purpose of investigating grievances, working conditions, ascertaining that the provisions of this Agreement are being adhered to, and for regular visitation; provided however, there shall be no interruption of the Employer's working schedule. 3.3 Bulletin Boards - The Employer shall provide a bulletin board at a central location. The Union bulletin board shall be confined to use by the Union for such matters as announcements of Union meetings, social functions, nomination and election of Union Officers, information bulletins containing only factual reports of the progress or results of Union -Employer negotiations, labor matters and such other matters as may properly be considered as non -derogatory of the Employer, its elected officials or other personnel. 3.4 Non -Discrimination - The Employer and the Union shall cooperate to assure that no' employee is discriminated against by reason of race, religion, creed, color, national origin, age, sex, marital status, sexual orientation, political affiliation, gender identity, honorably discharged veteran or military status, Union activities or the presence of a disability or the use of a trained dog guide or service animal by a person with a disability consistent with RCW 49.60 unless such disability effectively prevents the performance of duties required by the position and which are bona fide occupational qualifications or by reason of any other legally protected class status. 3.4.1 Wherever words denoting a specific gender are used in this Agreement, they shall be construed so as to apply equally to either gender. ARTICLE IV HOURS OF WORK 4.1 Hours of Work - The workweek for regular (4/10's) full-time employees shall be comprised of four (4) consecutive days of ten (10) consecutive hours of work (excluding the meal period) totaling forty (40) hours and three (3) consecutive days off duty as determined by the department head or 4.1.1 The workweek for regular (5/8's) full-time employees shall be comprised of five (5) consecutive days of eight (8) consecutive hours of work (excluding the meal period) totaling forty (40) hours and two (2) consecutive days off as determined by the department head, or AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 3 4.1.2 The workweek for regular (9/80's) full-time employees shall be comprised of one week of five (5) consecutive days. All but one of those days shall be at nine (9) consecutive hours of work (excluding the meal period) with one day comprised of eight (8) consecutive hours totaling forty (40) hours for the FLSA work week and two (2) consecutive days off as determined by the department head. The following week shall be comprised of four consecutive days comprised at nine (9) hours totaling forty (40) hours for the FLSA work week and three (3) consecutive days off as determined by the department head. 4.1.3 Employees at the golf course pro shop, shall have at least one weekend day off either Saturday or Sunday. 4.1.4 With 72 -hour written (email meets this requirement) notice, the Employer may require an employee to attend a night meeting or work outside of their schedule by adjusting their start time for that day. Employees may have flexible starting times and working hours with mutual consent between the employee and the Employer. 4.2 Intentionally left blank 4.3 Rest Breaks - Employees shall receive a rest period of not less than fifteen (15) minutes, on the Employer's time, for each four (4) hour work period. Rest periods shall be scheduled as near as possible to the midpoint of the work period. No employee shall be required to work more than three (3) hours without a rest period. 4.4 Meal Periods - The Employer shall provide each employee with one-half (1/2) hour for a meal between the third and fifth hour of each shift. The employee may add the two (2) fifteen (15) minute rest breaks to the meal period with the mutual agreement of the Employer. ARTICLE V OVERTIME AND CALLBACK 5.1 Overtime and Extra Work - All work performed in excess of the work schedule as established pursuant to Section 4.1 for FLSA non-exempt employees shall constitute overtime and shall be paid for at one and one-half (1-1/2) times the employee's regular straight -time hourly rate of pay for the first four (4) hours of overtime. Overtime worked in excess of four (4) hours shall be paid at two (2) times the employee's regular straight -time hourly rate of pay. Scheduled overtime on the employee's normally scheduled day off shall be paid at one and one-half (1-1/2) times the employee's regular straight -time hourly rate of pay for the first eight (8) hours. Hours worked in excess of eight (8) hours of scheduled overtime shall be paid at two (2) times the employee's regular straight -time hourly rate of pay. 5.1.1 For those employees listed as FLSA exempt, extra work assigned and performed in excess of 40 hours in a workweek shall be paid at the rate of 1.0 times the employee's regular straight -time hourly rate of pay to 50 hours of work and 1.5 times beyond 50 hours. 5.1.2 Overtime for non-exempt employees shall be paid at the rate of one and one-half (1-1/2) times an employee's regular straight -time hourly rate of pay in increments of fifteen (15) minutes with the major portion of fifteen (15) minutes being paid as fifteen (15) minutes. 5.1.3 In computing overtime, all contractual holidays shall be considered as days worked. Notwithstanding any provisions of the Labor Agreement to the contrary, the compensable hours paid as vacation, sick, and holiday pay to Fair Labor Standards Act (FLSA) non- exempt employees, shall be considered as hours worked for the purposes of the FLSA rules governing overtime calculations. AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 4 5.2 Compensatory Time - In lieu of paid overtime, compensatory time -off may be utilized at the discretion of the employee. The use of compensatory time is subject to scheduling by the Department Director, or designee, and shall be banked at the rate earned pursuant to Section 5.1. The employee shall be allowed to accrue up to a maximum of fifty (50) hours of compensatory time. Supervisors may, prior to authorizing overtime, communicate to the employees the supervisor's preference of how the overtime would be paid. In the example used herein, the supervisor may be constrained on how to pay the overtime and may only do so using one form or the other. 5.3 Non -Pyramiding - Premium or overtime pay shall not be duplicated or pyramided. In no case shall premium or overtime pay be based on other than the regular straight -time hourly rate of pay. 5.3.1 All employees in FLSA exempt classifications in lieu of Sections 5.1 and 5.2 have the option if required to work in excess of eight (8) hours in any one (1) day or forty (40) hours in any one (1) week to receive one (1) hour of compensatory time with pay for each hour worked. The maximum accumulation of compensatory time shall be fifty (50) hours; provided however, accrual of compensatory time -off in excess of fifty (50) hours may be paid at the rate of one and one-half (1-1/2) times an employee's regular straight time hourly rate of pay (to be paid in cash or compensatory time -off) upon the request of the employee. The current employees in the previously existing positions of Engineer (Joanna Spencer and David McPherson) and Superintendent (Bryan Still and Jeff Morton) will be grandfathered to receive the overtime rate for hours worked in excess of their work schedule. 5.4 Callback - An employee who has left work and is called back to work after completion of a regular day's shift shall be paid a minimum of four (4) at one and one-half (1-1/2) times his regular straight -time hourly rate of pay. Should the employee's regular shift start Tess than two (2) hours from the time he started work on the callback, he shall receive one and one- half (1-1/2) times his regular straight -time hourly rate of pay only for such time as occurs before his regular shift. Notwithstanding any provisions of the Labor Agreement to the contrary, the above minimum call-back provision shall not apply to situations whereby the employee's work assignment is to attend public meeting(s) providing the City meets the requirement of Article 4.1.1. 5.4.1 If the employee's Department Head or Division Manager (or designee) contacts an employee for the purpose of trouble -shooting outside normally scheduled employee work hours, and assistance is provided by the employee, the employee shall be paid overtime fora minimum of fifteen (15) minutes or actual time required to handle Employer business, but not to exceed thirty (30) minutes. If a callback to duty is then required, the fifteen (15) minutes of overtime shall be included in the compensation paid at the overtime rate under Section 5.4 (Callback). 5.5 Meal Reimbursement - Whenever an employee is required to work more than two (2) hours after the end or before the beginning of his normal shift, if such work has not been scheduled at least one (1) day in advance, or is attending an Employer approved seminar, conference or training meeting away from the Employer's facility, the employee shall receive per diem as posted on GSA.gov for King County or the applicable location when traveling. Per the City's policy, incidental expense shall be broken up on a 1/2/2 ratio. i.e. if the GSA reports IE at $5.00, then $1 to breakfast, $2 to lunch and $2 to dinner. AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 5 Breakfast between the hours of 12:00 a.m. and 8:00 a.m. Lunch between the hours of 8:01 a.m. and 4:00 p.m. Dinner between the hours of 4:01 p.m. and 11:59 p.m. 5.5.1 Whenever an employee works on a non-scheduled overtime basis (i.e., overtime due to an emergency or call-in) he shall be provided with .a meal or reimbursement in accordance with the provisions of Section 5.5 above if the hours worked exceed five (5) hours. In such instances, employees shall receive an additional meal reimbursement for every five (5) hours in excess of the initial five (5) hour period. 5.6 Standby Duty Allowance - An employee who is required to be available and subject to call shall receive a Standby Duty allowance of three (3) hours at the overtime rate for each day he is required to be on Standby Duty. The employee on standby shall carry a communication device (such as a pager or cell phone) and be able to respond immediately to callback situations, without restrictions or impairments. 5.6.1 In the event an employee who is on Standby Duty is called out, he shall be compensated in accordance with Section 5.4 above. In the event of a callback an employee on the standby list does not respond the City retains the right to utilize any other available personnel to respond to such callout. 5.6.2 Standby Duty time, as determined by the Employer, shall be rotated among those bargaining unit employees who have passed probation, have at least one year of experience in the assigned work, and have designated their preference to work standby duty. Each employee may designate his weekend preference prior to the standby duty rotation list being made and posted on the Union bulletin board. An employee may change his weekend standby duty coverage provided he obtains another employee from the standby duty list and notifies the Department Head or his designee at least twenty-four (24) hours in advance. An employee may change his standby duty coverage with less than twenty-four (24) hours notice due to an emergency, with the approval of the Department Head or his designee. The Employer may trade standby duty assignments with another standby duty employee when a possible emergency situation is anticipated that requires a specific qualification, with at least twenty-four (24) hoursnotice to the employees affected. 5.6.3 The Employer shall retain the right to determine standby assignments. ARTICLE VI MONTHLY SALARIES 6.1 The monthly salaries of the employees covered by this Agreement are contained in Appendix "A" to this Agreement. Should it become necessary to establish a new job classification within the bargaining unit during the contract year, the Employer may designate a job classification title and salary for the classification. The salary for any new classification in the bargaining unit shall be subject to negotiations at such time as the salaries for the subsequent year are negotiated or three (3) months after the classification is established, whichever is earlier. ARTICLE VII WORKING OUT OF CLASSIFICATION 7.1 In the event that a qualified employee (at the sole discretion of the Employer) is required and authorized to act in the capacity and perform the duties of a higher classification than that to which he is regularly assigned, the employee shall be paid at the next higher rate of pay in the higher classification, with a minimum increase of five percent (5%); provided however, the employee shall have worked a minimum of eight (8) hours performing such work during the workday; and, provided further, the employee must work in the higher classification for a minimum of three (3) consecutive days. Pay for the work out -of - classification shall be retroactive to and include the first day. The above three (3) AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 6 consecutive day requirement may be waived if operational needs exist. Compensation for temporary assignments to positions outside the bargaining unit shall be as set forth in City Policy applicable to non -bargaining unit employees of the City. ARTICLE VIII PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES 8.1 Probation Period - A new employee shall be subject to a six (6) month probation period commencing with the employee's most recent first date of hire. During this period, such employee shall be considered as being on trial, subject to immediate dismissal at any time at the sole discretion of the Employer; provided however, the Employer shall not discharge or otherwise discipline an employee for protected Union activity. 8.2 Considerations - In layoff, recall and filling regular job vacancies, the Employer shall give consideration to an employee's length of continuous service with the employer (adjusted to reflect any periods of unpaid leave where the employee's anniversary date had been adjusted) and his ability to perform the duties required in the job. In applying this provision, it is the intent to provide qualified employees with opportunities for promotion and the Employer with efficient operations. 8.3 Layoff - The following will apply when layoff(s) or any reduction of compensable hours is deemed necessary by the Employer. The employer will identify what funding issues needs to be addressed to include reduced programs or service costs through reduction in force or compensated hours. Prior to making a decision to layoff or reduce compensable hours of employees in the bargaining unit, the Employer shall meet and confer with the Union to confer and explore alternatives and the effect of such layoff(s) or reduction of compensable hours. The Employer shall negotiate with the Union regarding the effects of any decision to layoff or reduce compensable hours of employees in the bargaining unit. The City will use the current seniority list which will include the most recently hired employee in the bargaining unit. Except as provided by this Article or elsewhere in this Agreement, the employee with the shortest length of continuous service in the bargaining unit affected shall be laid off first, provided those remaining on the job can provide efficient operations. The City will meet with the Union, at the request of either party, once the City decides how to apply the contract language. The parties may discuss if employees subject to layoff or reduction in compensated hours in the effected bargaining unit are qualified to perform the remaining duties with limited training. The result of the meeting with the Union will be communicated to employees affected by the layoff or reduction in compensable hours. Effects bargaining will be completed as soon as possible thereafter. The application of this language shall be subject to the grievance procedure. The Union's pursuit of any contractual grievance regarding the above layoff provisions shall not relieve the Employer of its obligation to bargain with the Union regarding the effects of any decision to layoff or reduce compensable hours of employees in the bargaining unit. 8.4 Recall - In the case of recall, those employees with the longest length of continuous service in the bargaining unit affected shall be recalled first, provided they can perform the duties required. An employee on layoff must keep both the Employer and the Union informed of the address and telephone number where he can be contacted. AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 7 8.4.1 When the Employer is unable to contact an employee who is on layoff for recall, the Union shall be so notified. If neither the Union nor the Employer are able to contact the employee within seven (7) calendar days from the time the Union is notified, the Employer's obligation to recall the employee shall cease. The Employer shall have no obligation to recall an employee after he has been on continuous layoff for a period which exceeds one (1) year. Should an employee not return to work when recalled, the Employer shall have no further obligation to recall him. 8.5 Job Vacancies - When a regular job vacancy occurs, present employees shall be given first consideration for filling the vacancy, based on their length of service with the Employer and ability to perform the duties of the job, provided this Section does not conflict with and Federal or State Law. 8.5.1 Notices of regular job vacancies shall be posted on the bulletin board for five (5) work days. Present employees who desire consideration for openings shall notify the Employer in writing during the five (5) work day period the notice is posted. 8.5.2 Lateral Transfers - An employee who is transferred shall remain on the pay range STEP he is transferring from and the employee shall progress along the pay range in accordance with Section A.3, without a change in position anniversary date. If, however, the employee being transferred does not currently possess the necessary certification(s) required of the new job classification, he shall remain at his current rate of pay until such time that he acquires the necessary certification(s) and the Employer is provided documentation thereof. After notification to the Employer of the acquired certification(s), the employee shall move up one (1) STEP (if another STEP exists within the pay range) retroactive to the anniversary date if his anniversary date has passed. The employee shall advance to the next STEP in accordance with his original anniversary date. In no event shall the retroactive period for more than twelve (12) months. 8.6 Seniority List - Upon request, but not more than quarterly, the Employer shall provide the Union with a seniority list showing the name of each employee within the bargaining unit, his present classification, his date of hire and his present rate of pay. ARTICLE IX HOLIDAYS. 9.1 Employees shall receive the following holidays off with eight (8) hours compensation at their regular straight -time hourly rate of pay: New Year's Day Martin Luther King Jr.'s Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Day Christmas Day Two (2) Floating Holidays January 1st 3rd Monday of January 3rd Monday of February Last Monday of May July 4th 1st Monday of September November 11th 4th Thursday of November December 25th At employee's choice 9.2 An employee may select the personal holiday(s) each calendar year as Floating Holiday and the Employer shall grant the day(s) provided: 9.2.1 The employee has been or is scheduled to be continuously employed by the Employer for more than four (4) months. AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 8 9.2.2 The employee has given not less than fourteen (14) calendar days written notice to the supervisor; provided however, the employee and the supervisor may agree upon an earlier date. 9.2.3 The number of employees selecting a particular day off does not prevent the Employer from providing continued public service. 9.2.4 The personal holiday must be taken during the calendar year of entitlement or the day shall lapse, except when an employee has requested a personal holiday and the request has been denied. 9.2.5 Employees may take their personal floating holiday in one-hour increments. 9.3 In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday shall be deemed to be the legal holiday. 9.4 Holidays For Regular Part -Time Employees - Regular part-time employees shall receive holiday benefits on a pro rata basis. For example, if a regular part-time employee normally works four (4) hours per day and the department's normal work day is eight (8) hours, the employee shall receive four (4) hours compensation at this regular straight -time hourly rate of pay for each contractual holiday and shall be subject to all the provisions of Article IX, Holidays. 9.5 Any work required to be performed by an employee on any of the afore -referenced holidays shall be paid at the overtime rate, in addition to the employee's regular eight (8) hours holiday pay. No employee shall be called on such holiday for less than four (4) hours. ARTICLE X LEAVES 10.1 Vacation Leave - Each employee shall, after six (6) months continuous service from the last date of hire with the Employer, individually accrue vacation leave on the following basis in accordance with his accumulated continuous service. 10.1.1 A vacation cannot be taken until after the completion of six (6) full calendar months of service. An employee hired on or before the fifteenth (15th) day of any month shall accrue vacation leave from the first day of that month. An employee hired on or after the 16th day of any month shall accrue vacation from the first day of the next month following. 10.1.2 Annual Vacation Leave shall accrue per pay period following signing of this agreement. Upon completion of the employee's original probation, 48 -hours of vacation shall be placed into the employees vacation allotment. An additional eight (8) hours annual leave shall accrue for each month of continuous employment thereafter, for a total of ninety-six (96) hours per year. Twenty-four (24) additional hours of annual leave shall be granted after the third (3rd), fourth (4th) and fifth (5th) years. After six (6) years of continuous employment, additional annual leave shall accrue on the employee's anniversary date in accordance with the following schedule: Start of each Vacation Accrual per pay period Annual vacation Accrued 0-6 months 0.00 48 upon probation 7-24 months 4.00 96 year 3 5.00 120 year 4 5.00 120 year 5 5.00 120 AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 9 Start of each Vacation Accrual per pay period Annual vacation Accrued year 6 5.34 128 year 7 5.34 128 year 8 5.67 136 year 9 6.00 144 year 10 6.34 152 year 11 6.67 160 year 12 7.00 168 year 13 7.34 176 year 14 7.67 184 year 15 8.00 192 10.1.3 An employee may accumulate a maximum of one (1) year's accrued vacation leave. An employee may, therefore, take a maximum of two (2) vacation leaves consecutively. Vacation time accumulated in excess of the maximum limit shall be forfeited. The maximum number of accrued hours depending on the employee's years of service is between 192 and 384. 10.1.4 Upon resignation from City employment, an employee shall be paid cash at the normal rate of pay for his unused annual leave, provided regular status has been attained. For each full month of employment the employee shall be allowed one -twelfth (1/12th) of the annual leave to which he would be entitled if his employment were not terminating. If an employee is prevented by injury or illness from working a full month, he shall nevertheless be entitled to annual leave payment for that month, provided he has accrued sick leave sufficient to cover the remaining days of the month. 10.1.5 Whenever an employee does not take a vacation to which he is entitled in any one (1) calendar year, as above specified, by reason of the urgent need of his continuous services or because of seasonal demand thereof, such employee, with approval of the head of his department, may be allowed such vacation during the succeeding calendar year, but in no event shall any vacation not taken during the year, when due, be accumulated beyond the next succeeding calendar year. All vacations shall be taken at such time as shall be approved by the head of the department. 10.1.6 The usage of annual leave may be expended in increments of not less than one-half (1/2) hour. 10.1.7 Vacations shall be scheduled at such times as the Employer finds most suitable after considering the wishes of the employee and the requirements of the department. 10.1.8 Employees shall receive up to one (1) pay period vacation pay before leaving for their vacation, upon request and with sufficient notice. 10.1.9 Upon the effective date of the termination of an employee's employment, such employee shall thereupon cease to be an employee of the City of Tukwila. Such employee shall thereupon be entitled to a sum of money equal to his former regular compensation for any earned vacation leave time which has not been used or forfeited for failure to timely claim; provided however, that in the event such employee fails to give the department head under whom he is employed at least two (2) weeks notice of such termination of employment or is discharged for just cause, the foregoing terminal vacation pay shall be forfeited. AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 10 10.1.10 Vacation Leave for Regular Part-time Employees - Regular part-time employee shall receive vacation benefits on a pro rata basis. For example, if a regular part-time employee normally works four (4) hours per day and the department's normal work day is eight (8) hours, the employee shall receive four (4) hours compensation at his regular rate of pay for each day of vacation earned. Regular part-time employees shall accrue vacation on the same basis as a regular full-time employee and shall be subject to all the provisions of Sections 10.1 through 10.1.10, Vacation Leave. 10.2 Sick Leave - An employee shall accumulate sick leave pay at the rate of eight (8) hours for each completed calendar month of service up to a maximum of seven hundred twenty (720) hours. Accumulated sick leave pay shall be paid at the rate of eight (8), nine (9) or ten (10) hours per day, depending on the employee's scheduled workweek, at the employee's regular straight -time hourly rate of pay from and including the employee's first (1st) working day absent. 10.2.1 Sick leave benefits shall apply to bona fide cases of employees sickness, accidents, doctor, dental or ocular appointments, maternity leave or the illness or injury of a spouse or other dependent family members with a health condition that requires treatment or supervision and requests for the employee's presence by immediate family or doctor due to immediate family member illness or emergency, pursuant to Section 10.3.1 and as may be required by State or Federal Law. 10.2.2 A full-time employee who is on sick leave as specified in Section 10.2.1 for a period of three (3) days or longer may be required, prior to being entitled to any compensation therefore, furnish without delay, a return to work authorization from a qualified doctor. 10.2.3 In the event an employee terminates his employment, or such employment is terminated for any reason whatsoever with the Employer prior to using his accumulated sick leave time, he shall be entitled to pay equal to twenty-five percent (25%) of the amount payable for any unused sick leave. In no case shall an employee be eligible for payment of unused sick leave if terminated during the probation period. 10.2.4 In any case in which an employee shall be entitled to benefits or payments under the Workers' Compensation Act or similar legislation of the State of Washington, or any other governmental unit, the Employer shall pay the difference between the benefits and payments received under such Act by such employee and the regular rate of compensation he would have received from the Employer if able to work. The foregoing payment or contribution by the Employer shall be limited to the period of time that such employee had accumulated sick leave credits as herein above specified. Furthermore, the sick leave benefits herein specified shall not be applicable to any employee who is covered by any relief and pension act or similar legislation providing for sickness and/or disability payments, or the State of Washington, granting substantially equal or greater benefits than herein provided. 10.2.5 Sick Leave For Regular Part -Time Employees - Regular part-time employees shall accrue sick leave benefits on a pro rata basis. For example, if a regular part-time employee normally works four (4) hours per day and the department's normal work day is eight (8) hours, the employee shall receive four (4) hours for each month of employment. Annual accrual and use of sick leave shall be subject to all the provisions of Sections 10.2 through 10.2.5, Sick Leave. 10.2.6 Sick Leave Incentive — Employees have adopted participation in an HRA/VEBA Plan, which provides a "buy out" of eligible sick leave hours as, explained below, at the rate of twenty- five (25%) of the value of those hours. All regular full-time and part-time (at least 20 hours per week), employees are required to participate in the City HRA/VEBA Plan/Teamsters Local Union No. 763 Professional/Supervisory Plan. AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 11 Regular full-time employees who work a minimum of forty (40) hours per week and regular part-time employees, who work at least twenty (20) hours and Tess than forty (40) hours per week, are eligible for the City HRA/VEBA Plan/Teamsters Local Union No. 763 Professional/Supervisory Plan. The City agrees to "buy out" sick leave hours of eligible employees at the rate of twenty-five percent (25%) of the value of those hours over the maximum allowed for the employee's position with the City (i.e. over seven hundred twenty (720) maximum hours for regular full-time employees and a pro -rated amount based on hours over the maximum earned for regular part-time employees). The sick leave hours over the maximum will not exceed what can be earned in one calendar year (i.e. ninety-six (96) sick leave hours by a regular full-time employee). Contributions for calendar years 2006, 2007, and 2008, are to be put in the employee's VEBA account — pursuant to IRS rules governing VEBA Plans. 10.3 Bereavement Leave - An employee who has a member of his immediate family taken by death shall receive up to three (3) days off with pay as bereavement leave. Up to an additional two (2) days with pay may be granted when out-of-state travel is required. 10.3.1 "Immediate family" shall be defined as spouse, domestic partner, biological parent of the employee or an individual who stood in loco parentis to the employee when the employee was a son or daughter, mother, father, step parents, mother-in-law, father-in-law, children, (including domestic partner's children in compliance with City Policy & Procedures #02-02- 14) step children, sister, brother, daughter-in-law, son-in-law, sister-in-law, brother-in-law, grandparents, grandparents -in-law and grandchildren. 10.4 Jury Leave - An employee who is required to serve on a jury, or as a result of official City of Tukwila duties is required to appear before a court, legislative committee or quasi judicial body as a witness in response to a subpoena or other directive, shall be allowed authorized leave with pay less any amount received for such service. The Employer reserves the right to request that an employee who is called for jury be excused if their absence would create a hardship on the operational effectiveness of the division to which they are assigned. 10.5 Leave of Absence - If authorized by the appropriate department head, employees may take up to six (6) months leave of absence without pay. Such leaves do not constitute a break in service but no benefits shall accrue during the leave of absence. Upon his return, the employee shall be assigned to the same position or to an equivalent position occupied before the leave. 10.6 Temporary Disability Leave - Employees who are physically unable to perform the functions of their position for medical reasons shall be placed on temporary disability leave. Temporary disability leave shall be granted (with no Toss of seniority) for illness, injury or surgery and shall only be granted for the period of disability and shall not exceed six (6) months. The Employer may extend the leave for an additional six (6) months. The employee will provide a monthly report from his/her physician on the status of his/her injury, with prognosis on his/her availability to return to work. Such leaves do not constitute a break in service (or loss of seniority) but no benefits shall accrue during the temporary disability leave. Upon expiration of temporary disability leave, the employee shall be assigned to the same position, if open, occupied before the leave or to an equivalent open position. If no positions are open or the employee refuses to accept the available position, the employee shall be placed on the recall list as set forth in Article VIII. In the event of an on the job injury, the employee shall be subject to return to work rights and/or limitations as may be established as a matter of State Law. In any case, the employee must be released as rehabilitated by the Department of Labor & Industries and must be able to perform the essential functions of the position prior to returning to work. AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 12 10.7 Light Duty — In the event an employee sustains a job related injury or temporary disability that prevents them from performing the essential functions and physical requirements of his position classification, the City may provide a modified light duty work assignment within the affected employees department, if work is available. The Employer will establish the employee's duties and schedule. If cleared to perform the light duties, said performance of the modified light duty assignment shall be limited to sixteen (16) consecutive weeks at which time an assessment to determine whether a reasonable accommodation under the Americans with Disability Act (ADA) will be made as to the employee's ability to perform the essential functions of the position and continued employment with the City. The employee will provide the City a copy of any written restrictions from the employee's physician. ARTICLE XI HEALTH INSURANCE Medical Insurance - The Employer shall contribute those premiums necessary to purchase medical care insurance for each regular employee and his/her dependents under the City of Tukwila's Self -Insured Medical Pian. Provided however, the annual deductible shall be one hundred dollars ($100.00) per person and three hundred dollars ($300.00) per family. The Employer shall pay the full premium cost for medical coverage under the Self -Insured Medical Plan up to a maximum increase of eight percent (8%) each year. In the event the monthly premiums increase more than eight percent (8%) in a year, the Employer or the Union have the right to reopen the Agreement to negotiate changes in the Self -Insured Medical Plan benefit levels so that the increase in premium costs does not exceed eight percent (8%). The medical committee shall meet to discuss and negotiate changes in the Self -Insured Medical Plan benefit levels so the increase in premium costs do not exceed eight percent (8%). Effective January 1, 2018, the Union accepts the following changes in plan design: • increase co -pay for specialist to $40 (from $25) • Increase co -pay for complex imaging to $100 (from $0) • Increase co -pay for urgent -care doctor visits to $50 (from $25) • Change to Envision Select Formulary (pharmacy) 11.1.2 For employees who elect medical coverage through Kaiser Permanente, the Employer shall pay up to the maximum dollar amount contribution for the Self -Insured Plan for full - family coverage. Any premium amounts in excess of the Employer's contribution shall be paid by the individual through payroll deduction. Coverage under the Group Health Plan shall be as determined by Kaiser Permanente. 11.2 Dental Insurance - The Employer shall contribute one hundred percent (100%) of those premiums necessary to purchase dental care insurance coverage for each full-time employee and his dependents under the City of Tukwila Self -Insured Medical/Dental plan. 11.3 Vision Insurance - The Employer shall pay one hundred percent (100%) of those premiums necessary to purchase vision care insurance coverage for each full-time employee and his dependents and/or domestic partner under the currently existing vision insurance program made available through Teamsters Vision Care Plan (Extended Benefit Plan) or other equivalent plan which does not reduce benefits, as may be chosen by the Employer. AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 13 11.3.1 The Employer shall make the necessary contributions for the vision insurance benefits specified in this Article for all regular employees who are compensated for sixty (60) hours or more a month. The employee and eligible dependents will become initially eligible on the first day of the month during which the third consecutive monthly payment is made on the employee's behalf. Note: Employees should check with Personnel prior to accessing this benefit to assure eligibility status. 11.4 Life Insurance - The Employer shall pay one hundred percent (100%) of those premiums necessary to purchase a Fifty thousand dollar ($50,000) life insurance policy for each full- time employee which shall provide for a beneficiary of such policy as designated by the employee. 11.5 Health Insurance for Regular Part-time Employees - Regular part-time employees shall receive health insurance benefits as provided in Sections 11.1 through 11.4 on a pro rata basis. For example, if a regular part-time employee normally works four (4) hours per day and the department's normal workday is eight (8) hours, the Employer shall pay fifty percent (50%) of those premiums it would have otherwise paid for a full-time employee. 11.5.1 For regular part-time employees who are regularly scheduled to work 0.75 FTE, such employee may request to be given preference for additional work assignments [within the employee's Department] up to 1.0 FTE status, based on the employee's seniority in the classification. Such request shall be submitted in writing to the employee's Department Head, or designee, on or before each January 1, commencing with January 1, 2010. 11.6 Long -Term Disability - Effective January 01, 2000, the Employer shall pay one hundred percent (100%) of those premiums necessary to purchase a Long -Term Disability Insurance Plan that provide for the payment of sixty percent (60%) of an employee's earnings while on Tong -term disability. 11.6.1 Voluntary Supplemental Insurance -AFLAC - The City will offer a voluntary supplemental Short Term Disability policy through AFLAC and the City will provide for employee payroll deduction for this purpose. 11.7 Effective Date of Coverage - Coverage for the health insurance benefits set forth in this Article shall become effective the first day of the first full month of employment; provided however, if an employee is hired on the first work day of any month, the employee's coverage begins and becomes effective on that day. 11.8 The City will develop a VEBA PLAN to enable employees who are eligible to cash in accrued sick leave hours in accordance with Article 10.2.6 (Sick Leave Incentive) and contribute the amount to a VEBA account on behalf of the employee. 11.9 The City and Union each reserve the right to open negotiations on insurance issues (only) in the event healthcare reform legislation mandates changes that have unanticipated impacts on the parties. The purpose of such negotiations shall be to reach agreement on a mutually acceptable alternative medical insurance option(s). 11.10 Pensions - The Employer and the employees shall participate in the Washington Public Employees Retirement System as set forth in RCW 41.44 as now set forth or hereafter amended. Western Conference of Teamsters Pension Plan: The bargaining unit may, during the term of this Agreement, as a bargaining unit, elect to participate in the Western Conference of Teamsters Pension Trust. Contributions shall be by pre-tax, consistent with Federal and State Guidelines, by payroll diversion on all Teamsters pension eligible hours compensated and shall be uniform by classification, with the exception of vacation cash outs and non - AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 14 bargaining unit work performed. If the bargaining unit votes to participate and in the future liability is assessed against the City due to a Union proposed withdrawal from the Pension Trust, said liability shall be paid by the bargaining unit members. Hourly pre-tax diversions in effect at the time shall continue until such time each bargaining unit member's proportional share of the withdrawal liability is satisfied. a. The total amount due to the Trust Fund for each monthly payroll period shall be remitted to the Administrator for the Trust Fund in a lump sum by the City on or before the 20th of the month for Teamster pension eligible hours compensated during the preceding month. The City shall abide by reasonable rules as may be established by the Trustees of said Trust Fund to facilitate the determination of the reporting and recording of the contribution amounts paid for all bargaining unit Teamsters employees. b. The bargaining unit may, during the term of this Agreement, as a bargaining unit elect to increase the payroll diversion amount. If it does, Teamsters 763 and the City will execute a Memorandum of Understanding in a timely manner. c When the Western Conference of Teamsters Pension Plan and the City finalize the pension contributions owed to the Pension Plan after an audit, any overpayment including interest prepaid by the City on behalf of the employees will be reimbursed to the City. ARTICLE XII MISCELLANEOUS 12.1 Entire Agreement - The purpose of the Employer and the Union in entering into this Agreement is to set forth their entire agreement with regard to wages, hours and working conditions so as to promote efficient operations; the morale and security of employees covered by this Labor Agreement; and harmonious relations, giving full recognition to the rights and responsibilities of the Employer, the Union and the employees. 12.2 Education - The Employer shall reimburse employees for educational expenses (tuition, registration and books) for job-related courses with prior approval of the department head. Reimbursement shall only be made after successful completion (grade "C' or better) of the course. 12.3 Training - The Employer shall strive to further develop a training and development program. Such a program may be conducted during regularly schedule working hours. The Employer shall strive to schedule training sessions on a regular basis. 12.4 Safety - The Employer and employees shall comply with all applicable laws relating to safety. 12.5 Clothing Allowances - The Employer shall provide uniforms, other required equipment and a safety footwear allowance for the employees in the classifications listed below. 12.6 Personal Appearance and Conduct - it shall be the responsibility of all employees to represent the Employer to the public in a manner which shall be courteous, efficient and helpful. 12.7 Footwear — Employees shall be required to wear approved safety footwear. The definition of safety footwear shall be the same as referenced in 296-155-212 of the Washington Administrative Code (WAC). Upon proof of purchase, the Employer shall reimburse each employee towards the cost of such footwear which shall bear identifying marks or labels indicating compliance with the code as revised or its equivalent. The Employer shall increase the safety footwear reimbursement each year of the Agreement as follows: AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 15 January 1, 2017 January 1, 2018 $230.00 $235.00 12.7.1 Classifications eligible for footwear allowance: 1. Project Manager 2. Superintendent (Maintenance and Operations) 3. Traffic Operations Coordinator 4. NPDES Coordinator 12.7.2 Also, because the Fire Project Coordinator's regular assignments require the employee to perform field operations duties from time to time, a reimbursement allowance shall be in every even year of this Agreement shall apply for the purchase of approved safety footwear. 12.7.3 Reimbursement for the repair of personal property damaged in the performance of an employee's duties shall be reimbursed for the replacement value. 12.8 The parties have agreed to adopt the City of Tukwila Drug and Alcohol Testing Manual and the City of Tukwila Drug and Alcohol Testing Policy for Employees who Operate Commercial Vehicles, including the changes to the existing Manual and Policy which were reviewed in written form by the parties for CDL employees on February 12, 2002. 12.9 Clothing Allowance - the Police Records Supervisor shall receive a clothing allowance in the amount of $350.00 as provided for other uniform front office staff in the Police Department. The purpose of such allowance is to clean and/or repair any approved business attire. The allowance shall be paid once annually to the Police Records Supervisor on January 31 of each new year, subject to a prorated deduction from the final paycheck in the event an employee does not serve the entire twelve (12) months for which such payment was made with the exception of an employee who retires or expires, in which case no deduction will be made. ARTICLE XIII PERFORMANCE OF DUTY 13.1 No employee shall strike or refuse to perform his assigned duties to the best of his ability nor shall the Union cause or condone any strikes, slow -downs or other interference with the normal operation of the Employer. Any or all employees who violate any provision of this Article may be subject to disciplinary action up to an including termination. The Employer shall not lock out any employee during the life of this Agreement. ARTICLE XIV MAINTENANCE OF STANDARDS 14.1 Any and all base wages shall be maintained at not Tess than the highest standards in effect at the time of signing of this Agreement. ARTICLE XV MANAGEMENT RIGHTS 15.1 Any and all rights concerned with the management and operations of the departments which have employees covered by this Agreement are exclusively that of the Employer unless otherwise provided by the terms of this Agreement. 15.2 Examples of rights reserved to management shall include the following: • To approve and schedule all vacations and other employee leaves • To approve and assign work and overtime AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 16 • To classify jobs • To determine and control the budget • To determine business hours • To determine number of personnel, the methods, means and equipment for operations of the department • To determine physical, mental, and performance standards • To determine qualifications for employment • To determine the Employer's mission, policies, and all standards of service offered to the public • To determine the length of shifts, starting and quitting times • To discipline, suspend, demote, discharge employees for Just Cause • To discontinue work that would be wasteful, unproductive or duplicative • To establish the makeup of the workforce • To introduce and use new and improved methods, equipment, or facilities • To lay off employees • To make and modify rules and regulations for the operations of the Department and conduct of its employees • To plan, direct, schedule, control, and determine the operation of services to be conducted by employees • To recruit, hire, promote, . transfer, assign employees into bargaining unit positions • To schedule work • To train and direct employees • To take any action necessary, including modifications of work schedules and work assignments, to carry out the city's mission in the event of emergency 15.3 Except as otherwise provided by the terms of this Agreement the City agrees that a continuing duty to bargain exists as to the impacts of management decisions in the exercise of those enumerated rights that effect wages, hours and working conditions within the meaning of RCW Chapter 41.56. ARTICLE XVI WARNING NOTICE 16.1 The Employer shall not discharge nor suspend any employee without just cause, but in respect to said discharge or suspension shall give at least one warning notice of the complaint against such employee to the employee in writing. A copy of any disciplinary action shall be sent to the Union at such time it is presented to the employee. Warning notices relating to work performance shall not remain in effect for a period of more than ten (10) months from the date of said warning notice; provided however, warning notices may be retained in the employee's file for a period of up to eighteen (18) months for the purpose of demonstrating a pattern of recurrent or habitual behavior of a similar nature. Warning notices in order to be considered valid must be issued within fifteen (15) work days after the occurrence of the violation claimed by the Employer in such warning notice. Timelines may need to be extended by mutual agreement. The Union will not unreasonably deny an extension. No prior warning notice shall be necessary if the cause for discharge or discipline is a result of such matters equal to and including theft, gross insubordination, moral turpitude or intoxication during working hours. ARTICLE XVII GRIEVANCE PROCEDURE 17.1 A "Grievance" shall mean a claim or dispute by an employee with respect to the interpretation or application of the provisions of this Agreement. AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 17 17.2 STEP I - An employee and/or his Union Representative must present a grievance within ten (10) working days of its alleged occurrence or knowledge of same to the employee's supervisor and department head,_ who shall attempt to resolve it within ten (10) working days after it is presented to them. 17.3 STEP II - If the employee is not satisfied with the solution by the department head, the grievance, in writing, together with all other pertinent materials may be presented to the Mayor or his designee by a Union Representative. The Mayor, or his designee, shall attempt to resolve the grievance within ten (10) working days after it has been presented to him. 17.4 STEP III - If the grievance is not resolved by the Mayor, Presiding Judge, or his designee, the grievance may, within fifteen (15) days, be referred to an arbitrator. If the Employer and the Union are unable to agree upon an arbitrator within five (5) days after they first meet to determine such an appointee, they shall jointly request the Public Employment Relations Commission to provide a list of seven (7) names from which the parties may select one. The representatives of the Employer and the Union shall alternately eliminate the name of one person from the list until only one name remains. The person whose name was not eliminated shall be the arbitrator. 17.5 It shall be the function of the arbitrator to hold a hearing at which the parties may submit their positions concerning the grievance. The arbitrator shall render his decision based on the interpretation and application of the provisions of this Agreement within thirty (30) days after such hearing. The decision shall be final and binding upon the parties to the grievance provided the decision does not involve action by the Employer which is beyond its jurisdiction. Each party hereto shall pay the expenses of the arbitrator on a shared basis. Each party hereto shall pay the expenses of their own representatives (e.g. witness and attorney fees). 17.6 Neither the arbitrator nor any other person or persons involved in the grievance procedure shall have the power to negotiate new agreements or change any of the present provisions of this Agreement. 17.7 No part of the above procedure shall be in conflict or violation of RCW 41.56.080. 17.8 It is specifically and expressly understood and agreed that any alleged violation of any provisions of this Agreement that cannot be resolved under Sections 17.2 or 17.3 shall be resolved through Section 17.4 and not the courts. Any appeal to arbitration shall be made in writing by the grieving party within fifteen (15) days after the Mayor's answer, per Judge's review, in Section 17.3. Such appeal shall constitute an election of remedies and waiver of any and all rights of the appealing employee, the Union, and all persons it represents to litigate or otherwise contest the appealed subject matter in any court or other forum. Likewise, litigation or any other contest of any subject matter involving an employee or the Union in any court or other available forum shall constitute an election of remedies and a waiver of the right to arbitrate the matter. ARTICLE XVIII SEPARABILITY 18.1 If any Article of this Agreement shall be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance or enforcement of any Article should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement shall not be held invalid and shall remain in full force and effect. In the event that any provision of this Agreement is held invalid or enforcement of or compliance with which has been restrained, as afore -referenced, the parties hereto shall enter into immediate collective bargaining negotiations upon the request of either party for the purpose of arriving at a mutually satisfactory replacement covering the same subject matter. AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 18 ARTICLE XIX DURATION 19.1 This Agreement shall be in full force and effect on January 01, 2017, and shall remain in full force and effect through December 31, 2018, during which time no additional provisions shall be negotiated to become effective prior to January 01, 2019, except as provided herein. PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters By Date colt A. Sullivan Secretary -Treasurer By CITY OF TUKWILA, WASHINGTON Date By Date Allan Ekberg Mayor Reviewed by City Attorney I I 20 Ito AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 19 APPENDIX "A" to the AGREEMENT by and between CITY OF TUKWILA, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Professional/Supervisory Employees) January 1, 2017 through December 31, 2018 THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF TUKWILA, WASHINGTON, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. A.1 Effective January 01, 2017, the classifications of work, allocation of bargaining unit positions to this bargaining unit and their corresponding Pay Ranges for each classification covered by this Agreement shall be as follows: CLASSIFICATION PAY RANGE Assistant Planner C41 Database Administrator C41 Database Systems Administrator C41 Fire Project Coordinator C41 GIS Coordinator C41 Traffic Operations Coordinator C41 Parks/Facilities Project Coordinator C41 Permit Coordinator C41 Probation Officer C41 Engineer C42 Environmental Specialist C42 Fiscal Coordinator C42 NPDES Coordinator C42 Fisheries Biologist C42 Maint & OPS Superintendent C42 Program Coordinator C42 Recreation Superintendent C42 Senior Planner C42 Information Systems Project Analyst C43 Program Manager C43 Project Manager C43 Senior Fiscal Coordinator C43 Fiscal Supervisor C51 IT Business Analyst C51 Parks & Recreation Manager C51 Planning Supervisor C51 AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 20 A.2 Effective January 1, 2017 adjust wage schedule by 90% of increase in CPI -W (June) 2015- 2016 (1.8%). Retroactivity shall only apply to current employees at time of union ratification. DBM Pay Range Step 1 00-12m Step 2 13-24m Step 3 25-36m Step 4 37-48m Step 5 49m + B21 $4,477 $4,701 $4,937 $5,182 $5,441 B22 $4,789 $5,031 $5,281 $5,547 $5,823 B23 $5,126 $5,382 $5,649 $5,936 $6,231 B31 $5,485 $5,761 $6,046 $6,349 $6,667 B32 $5,866 $6,161 $6,470 $6,794 $7,136 C41 $6,280 $6,596 $6,925 $7,270 $7,631 C42 $6,719 $7,055 $7,406 $7,780 $8,167 C43 $7,190 $7,552 $7,926 $8,324 $8,740 C51 $7,693 $8,080 $8,480 $8,908 $9,353 C52 $8,232 $8,644 $9,075 $9,531 $10,007 A.2.1 Effective January 1, 2018 adjust wages schedule by 90% of increase in CPI -W (June) 2016-2017 (2.7%). DBM Pay Range Step 1 . 00-12m Step 2 13-24m Step 3 25-36m Step 4 37-48m Step 5 49m + B21 $4,598 $4,828 $5,071 $5,322 $5,588 B22 $4,918 $5,167 $5,424 $5,697 $5,980 B23 $5,264 $5,527 $5,801 $6,096 $6,399 B31 $5,633 $5,916 $6,209 $6,521 $6,847 B32 $6,024 $6,327 ' $6,645 $6,978 $7,329 C41 $6,450 $6,774 $7,112 $7,466 $7,837 C42 $6,900 $7,245 $7,606 $7,990 $8,388 C43 $7,384 $7,755 $8,140 $8,549 $8,975 C51 $7,901 $8,298 $8,709 $9,148 $9,606 C52 $8,454 $8,877 $9,321 $9,788 $10,277 A.3 Longevity Bonus - Effective January 1, 2014, the monthly longevity flat rates shall be as follows for regular full-time employees after the completion of the number of years of full time employment with the City set forth below. Regular part-time employees shall receive longevity on a pro -rata basis. Completion of 5 years $75 Completion of 10 years $100 Completion of 15 years $125 Completion of 20 years $150 Completion of 25 years $175 Completion of 30 years $200 A.4 Evaluation Bonus - In the event evaluation bonuses are reinstated for non -represented employees, the Employer and the Union shall meet and confer regarding implementation of such a bonus for this bargaining unit. AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 21 A.5 Differential Pav - Employee who are regularly scheduled to work between the hours of 11:00 P.M. and 7:00 A.M., shall be compensated a shift differential of fifty (50) cents per hour for those hours worked between 11:00 P.M. and 7:00 A.M. in addition to their regular hourly rate of pay. This provision does not apply to those employees that begin work at 5:00 A.M. or later in the A.M. PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the Internatio I Brotherhood of Teamsters coL-Q. 1,4DtAit By Date Slott A Sullivan 1 Secretary -Treasurer t -s-i$ By Date By Date CITY OF TUKWILA, WASHINGTON Ilan Ekberg Mayor qW•rJAA-- Reviewed by City Attorney AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 22 LETTER OF AGREEMENT by and between CITY OF TUKWILA, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Professional/Supervisory Employees) January 01, 2017 through December 31, 2018 THIS LETTER OF AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the Union. It is understood and agreed by and between the Employer and the Union that, notwithstanding any provisions of the Labor Agreement to the contrary, there shall be a category of employee called the "Three Quarter Time Employee". Any employee working in this capacity shall be subject to the following modifications to the Labor Agreement. Three Quarter Time Employees shall work forty (40) hours a week for a period of nine (9) months; provided however, these employees shall remain on the payroll for the full twelve (12) month calendar year. The half time employee shall work twenty (20) hours in a week for the calendar year Three Quarter Time Employees shall be paid seventy five percent (75%) of their regular hourly rate of pay during the nine (9) month period when they are actively working for the Employer. Twenty five percent (25%) of the regular hourly rate of pay for their classification of work shall be "banked" (accrued, but not paid). The Employer shall evenly disburse in regular increments to such Three Quarter Time Employee his banked compensation over the remaining three (3) month period that he does not work. These employees shall be paid these evenly disbursed amounts on the same regular pay dates established for other bargaining unit employees. Three Quarter Time Employees shall not be allowed to earn or accrue compensatory time. All hours worked by a Three-Quarter/Half-Time Employee in excess of forty (40) hours in a week shall be compensated during the pay period it was earned at one and one-half (1-1/2) times his regular (100%) hourly rate of pay. All insurance benefits for Three -Quarter Time Employees shall be paid for by the Employer at seventy-five percent (75%) of the regular premium with the remaining twenty-five percent (25%) being paid for by the Three -Quarter Time Employee. All insurance benefits for Half -Time Employees shall be paid for by the Employer at fifty percent (50%) of the regular premium with the remaining fifty percent (50%) being paid for by the Half -Time Employee. The insurance benefits referred to herein shall include Medical (optional), Dental (optional), Vision, Life Insurance, Public Employees Retirement System and Federal Insurance Contribution Act payments, and shall continue to be provided on the basis set forth herein for the three (3) month period that the Three - Quarter Time Employee does not actively work for the Employer, provided the employee pays his share of the premiums. AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 23 Three -Quarter Time Employees shall accrue vacation and sick leave benefits for the full calendar year at Seventy Five (75%) of the regular rate set forth within the Labor Agreement. Vacation and sick leave benefits shall only be used during the nine (9) month period that the Three -Quarter Time Employee is actively working for the Employer. Unused vacation and/or sick leave benefits shall be carried over from one year to the next in accordance with the terms of the Labor Agreement. Three -Quarter Time Employees shall be paid holiday pay at seventy-five percent (75%) of the rate set forth within the Labor Agreement. Holidays, including floating holidays, which occur during the three (3) month period that the Three -Quarter Time Employee is not actively working for the Employer shall be paid to the Three -Quarter Time Employee as they occur at a seventy-five percent (75%) of the rate set forth within the Labor Agreement. Half Time Employees shall accrue vacation and sick leave benefits for the full calendar year at fifty percent (50%) of the regular rate set forth within the Labor Agreement. Unused vacation and/or sick leave benefits shall be carried over from one year to the next in accordance with the terms of the Labor Agreement. Three -Quarter Time Employees shall not be eligible for unemployment benefits during the three (3) month period that they are not actively working for the Employer, but are receiving benefits and banked compensation from the Employer. PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters By Date tIOLLO ott A. Sullivan Steph • nie Brown Secretary -Treasurer Director Human Resources Date (( By CITY OF TUKWILA, WASHINGTON AGREEMENT 2017 - 2018 CITY OF TUKWILA (Professional/Supervisory) PAGE 24