HomeMy WebLinkAbout18-010 - Teamsters #763 - 2017-2018 Labor Agreement (Senior Program Managers)18-0 1 0 (a)
Council Approval 4/1/19
MEMORANDUM OF UNDERSTANDING
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Senior Program Manager 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 Senior Program
Manager 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%).
Pay
Range
Step 1
Step 2
Step 3
Step 4
2019 $8,265 $8,680 _ $9,093 $9,508
Step 5
Step 6
$9,921
$10,331
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
International Brotherhood of Teamsters
By
Scott A. Sullivan
Secretary -Treasurer
Date
By
Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg, Mays,.
18-010
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 Senior Program Manager Employees)
January 1, 2017 through December 31, 2018
/d+ `f oripinaJ8
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Senior Program Manager Employees)
January 1, 2017 through December 31, 2018
ARTICLE
ARTICLE I
ARTICLE II
ARTICLE 111
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
ARTICLE X
ARTICLE XI
ARTICLE XII
ARTICLE XIII
ARTICLE XIV
ARTICLE XV
ARTICLE XVI
ARTICLE XVII
ARTICLE XVIII
ARTICLE XIX
APPENDIX "A"
TABLE OF CONTENTS
SUBJECT
PAGE
DEFINITIONS 1
RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION 1
UNION RIGHTS AND NON-DISCRIMINATION 2
HOURS OF WORK 3
EXPECTATION OF THE FLSA EXEMPT WORK WEEK 4
MONTHLY SALARIES 4
WORKING OUT OF CLASSIFICATION 4
PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES 5
HOLIDAYS 6
LEAVES 6
HEALTH INSURANCE 9
MISCELLANEOUS 11
PERFORMANCE OF DUTY 12
MAINTENANCE OF STANDARDS (Left Blank) 12
MANAGEMENT RIGHTS 12
WARNING NOTICE 13
GRIEVANCE PROCEDURE 13
SEPARABILITY 14
DURATION 15
CLASSIFICATION AND MONTHLY RATES OF PAY 16
18
MEMORANDUM OF UNDERSTANDING — VEBA PLAN
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Senior Program Manager Employees)
January 1, 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".
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 The bargaining unit position filled by the employees qualifies for an exemption under the
Fair Labor Standards Act and Washington Minimum Wage Act and thus the employees are
salaried employees who are not paid overtime.
1.1.7 "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/she 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.
AGREEMENT 2017 - 2018
CITY OF TUKWILA (Senior Program Manager)
PAGE 1
2.2 Union Membership - It shall be a condition of this Agreement 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 this
Agreement 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. 1
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 phone 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.
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.
AGREEMENT 2017 - 2018
CITY OF TUKWILA (Senior Program Manager)
PAGE 2
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, such access
shall be subject to the Union representative being sensitive to the City's business need to
ensure that 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 parties shall generally work forty (40) hours per week schedules. The
workweek for regular full-time employees shall be determined by the Department Head.
4.1.1 Employees may have flexible starting times and working hours with consent of the
Department Head.
4.2 Rest Breaks - Employees shall receive a rest period of not Tess 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.
4.3 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 approval of the Employer.
AGREEMENT 2017 - 2018
CITY OF TUKWILA (Senior Program Manager)
PAGE 3
ARTICLE V EXPECTATION OF THE FLSA EXEMPT WORK WEEK
5.1 The Professional and managerial nature of the Senior Program Manager position qualifies
for an Executive and Learned Professional Exemption under the Fair Labor Standards Act
and thus employees working in these positions are salaried employees. As such, the
Employer and employees recognize a typical and normal work day or work week is not
always possible. The City generally has an expectation of a 40 -hours work in a week. The
parties also recognize the need for employees from time to time to work beyond a normal
40 hour week. In such cases or for work required on holidays and/or weekends and
approved by the supervisor, the employees shall be allowed to informally flex their workday
and/or week to counterbalance exceptions to the typical hours of work schedule. The
employee shall notify his/her immediate supervisor in advance within a reasonable time of
the requested adjustment to his/her workday/week. The supervisor and employee will
discuss and make a good faith effort to arrive at a mutually acceptable solution.
5.2 Intentionally left blank
5.3 Intentionally left blank
5.4 Intentionally left blank
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.
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.
5.6 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.
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 of Sr. Program Manager, 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
AGREEMENT 2017 - 2018
CITY OF TUKWILA (Senior Program Manager)
PAGE 4
the workday; and, provided further, the employee must work in the higher classification for
a minimum of five (5) consecutive days. Pay for the work out -of -classification shall be
retroactive to and include the first day. The above five (5) 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 Trial Service Period - A new employee shall be subject to a trial service period of one (1)
year 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. The application
of this provision shall not be subject to the grievance procedure.
8.2 Considerations — In layoff and recall, 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 as determined by the Employer.
8.3 Layoffs — 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 and explore
alternatives and the effect of such layoff(s) or reduction of compensable hours.
The Union acknowledges the positions within the Sr. Program Manager bargaining unit are
not interchangeable with the exception of the Sr. Program Managers working in the
Water/Surface Water/Sewer departments.
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 are the most qualified
to perform the duties required as determined by the Employer. An employee on layoff must
keep both the Employer and the Union informed of the address and telephone number
where he/she can be contacted.
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/she 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 or her.
8.5
Intentionally left blank
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/her present classification, his/her date of hire and his/her present rate of pay.
AGREEMENT 2017 - 2018
CITY OF TUKWILA (Senior Program Manager)
PAGE 5
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 January 1st
Martin Luther King Jr.'s Birthday 3rd Monday of January
Presidents Day 3rd Monday of February
Memorial Day Last Monday of May
Independence Day July 4th
Labor Day 1st Monday of September
Veteran's Day November 11th
Thanksgiving Day 4th Thursday of November
Day After Thanksgiving Day
Christmas Day December 25th
Floating Holiday At employee's choice
Floating Holiday 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.
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 Any work required to be performed by an employee on any of the afore -referenced holidays
shall refer back to Article 5.1.
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.
AGREEMENT 2017 - 2018'
CITY OF TUKWILA (Senior Program Manager)
PAGE 6
10.1.2 Annual Vacation Leave shall accrue per pay period. 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 (4'h)
and fifth (5'h) 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
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 up to a maximum of one (1) year's 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 used or 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/she would be entitled if his/her employment were not terminating. If an
employee is prevented by injury or illness from working a full month, he/she 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/she 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.
AGREEMENT 2017 - 2018
CITY OF TUKWILA (Senior Program Manager)
PAGE 7
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/she 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.
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/she shall be entitled to pay equal to twenty-five percent (25%) of the amount
payable for any unused sick leave. The pay shall be deposited into the employee's VEBA
account. 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/she 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 Incentive — Employees who exceed the maximum accrual for sick leave hours
of seven hundred and twenty (720) will receive twenty-five percent (25%) of the value of
those hours above the seven hundred and twenty (720) maximum that can be earned in
one (1) calendar year (96 hours) into their individual HRA VEBA Account.
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.
AGREEMENT 2017 - 2018
CITY OF TUKWILA (Senior Program Manager)
PAGE 8
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 Intentionally left blank
10.6 Intentionally left blank
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 employee's department, if work is available. The Employer will establish the
employee's duties and schedule. The employee will provide the City with 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 Plan.
11.1.1 The Employer shall pay the full premium cost for medical coverage under the Self -Insured
Medical Pian 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 Plan shall be as
determined by Kaiser Permanente.
AGREEMENT 2017 - 2018
CITY OF TUKWILA (Senior Program Manager)
PAGE 9
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/her 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/her 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.
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 City shall pay the premium to purchase life and accidental death and
dismemberment insurance at 100% of annual earnings rounded up to the next higher
multiple of $1,000. The maximum amount is $150,000. Supplemental Life Insurance can
be purchased on an individual basis at the group rates provided by the City insurance
carrier, through payroll deduction as an enhancement to the policy provided by the City.
Approval for the additional supplemental life insurance is based upon the City insurance
carriers underwriting criteria.
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.
11.6 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 long-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 VEBA Plan — The Senior Program Managers have elected by majority vote to make a
monthly contribution that will be payroll deducted from their wages on a monthly basis.
Effective upon signing of this Agreement through December 31, 2016, the Senior Program
Managers elect to have $25 per month deducted from wages into their individual VEBA
account. It is agreed by both parties that the Plan design shall be reviewed during
negotiations for a successor Agreement.
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).
AGREEMENT 2017 - 2018
CITY OF TUKWILA (Senior Program Manager)
PAGE 10
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 compensation and
shall be uniform by classification, with the exception of vacation cash outs and non -
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. Compensation 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 of $520 per month (or $260 per pay period) 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. 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.
b) 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.
Job Posting: When the City posts for a position which has utilized the pre-tax payroll
diversion of the Western Conference of Teamsters Pension Plan the City shall advertise
the wage rate range as it is applied after the pre-tax diversion. The City may choose to
advertise the bargaining unit also diverts "X" into a supplementary retirement plan.
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.
AGREEMENT 2017 - 2018
CITY OF TUKWILA (Senior Program Manager)
PAGE 11
12.5 Intentionally left blank
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 an
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 applicable code as revised.
ARTICLE XIII
The Senior Program Manager's regular assignments require the Employee to perform field
operations duties from time to time, a reimbursement allowance of $230.00 shall be in
every odd year of this Agreement and shall apply for the purchase of approved safety
footwear.
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
ARTICLE XV
15.1
MAINTENANCE OF STANDARDS (Left Blank)
MANAGEMENT RIGHTS
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
• 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, and/or 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
AGREEMENT 2017 - 2018
CITY OF TUKWILA (Senior Program Manager)
PAGE 12
• 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 agreed by the parties under the terms of this Agreement, the City
agrees that a continuing duty to bargain otherwise exists as to the impacts of management
decisions in the exercise of those enumerated rights that affect 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 a 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 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.
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
AGREEMENT 2017 - 2018
CITY OF TUKWILA (Senior Program Manager)
PAGE 13
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 (Senior Program Manager)
PAGE 14
ARTICLE XIX DURATION
19.1 This Agreement shall be in full force and effect on January 1, 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 /Iu BY
cott A. Sullivan �, Allan Ekberg
Secretary -Treasurer Mayor
Date I, --S— IS Date l '-6)---
Date
-6)-'
CITY OF TUKWILA, WASHINGTON
Date
Reviewed by City Attorney
AGREEMENT 2017 - 2018
CITY OF TUKWILA (Senior Program Manager)
PAGE 15
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 Senior Program Manager 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
A.2
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:
Pay
Range
CLASSIFICATION
PAY RANGE
2017
Senior Program Manager
$7,796 - $9,744
2018
Senior Program Manager
$8,006 - $10,007
Pay
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
2017
$7,796
$8,187
$8,577
$8,968
$9,357
$9,744
2018
$8,006
$8,408
8,808
$9,210
$9,610
$10,007
A.2.1 Effective January 1, 2017, the parties agree to adjust the wages schedule by 90% of
increase in CPI -W (June) to June of the prior year. (1.8%). Retroactivity shall' only apply
to current employees at time of union ratification.
A.2.2 Effective January 1, 2018, the parties agree to adjust the 2017 wages schedule by 90% of
increase in CPI -W (June) 2016-2017 (2.7%).
AGREEMENT 2017 - 2018
CITY OF TUKWILA (Senior Program Manager)
PAGE 16
A.3 Longevity Bonus - 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
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
CITY OF TUKWILA, WASHINGTON
Internatio al Brotherhood of Teamsters
By By
colt A. Sullivan Allan Ekberg
Secretary -Treasurer Mayor
Date (' 3 Date (?(t
Date
Reviewed by City Attorney
ifq IC
AGREEMENT 2017 - 2018
CITY OF TUKWILA (Senior Program Manager)
PAGE 17
MEMORANDUM OF UNDERSTANDING
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Senior Program Manager Employees)
January 1, 2017 through December 31, 2018
IT IS UNDERSTOOD AND AGREED by the parties, City of Tukwila, Washington (hereafter "the Employer"), and
Teamsters Local Union No. 763 (hereafter "the Union"), enter into this agreement as follows:
ARTICLE XI HEALTH INSURANCE
11.8 VEBA Plan — The Senior Program Managers have elected by majority vote to make a
monthly contribution that will be payroll deducted from their wages on a monthly basis.
Effective January 1, 2017, the Senior Program Managers elect to have $40 per month
deducted from wages into their individual VEBA account. Effective January 1, 2018, the
Senior Program Managers elect to have $50 per month deducted from wages into their
individual VEBA account. It is agreed by both parties that the Plan design shall be reviewed
during negotiations for a successor Agreement.
All of the other sections of Article XI (HEALTH INSURANCE) shall remain the same as stated in
the current contract.
PUBLIC, PROFESSIONAL & OFFICE- CITY OF TUKWILA, WASHINGTON
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
InternationaI Brotherhood of Tieamsters
By
Date
Sbott A. Sullivan
///APITIETAt
Ian
Secretary -Treasurer Mayor
l -3 -IS
Date
Date
Reviewed by City Attorney
1/8 -lig
AGREEMENT 2017 - 2018
CITY OF TUKWILA (Senior Program Manager)
PAGE 18