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HomeMy WebLinkAbout18-111 - Teamsters #763 - 2017-2018 Labor Agreement (Administrative/Technical Employees)18-111(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 Administrative and Technical 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 Administrative/Technical 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%). DBM Pay Range All Al2 A13 Step 1 Step 2 Step 3 Step 4 Step 5 00-12m 13-24m 25-36m 37-48m 49m + $3,876 $4,068 $4,273 $4,485 $4,712 $4,148 $4,356 $4,574 $4,804 $5,043 B21 B22 B23 B24/B31 B25/B32 $4,438 $4,655 $4,888 $5,134 $5,394 $4,747 $4,984 $5,235 $5,494 $5,769 $5,077 $5,334 $5,600 $5,882 $6,174 $5,435 $5,706 $5,989 $6,294 $6,606 $5,816 $6,108 $6,410 $6,732 $7,069 $6,219 $6,532 $6,860 $7,204 $7,566 2. The City and The Union agree to perform a Market Compensation Study for the Administrative and Technical Employees, as agreed upon in a previous Letter of Understanding. 3. The City and the Union agree to initiate Collective Bargaining during the 2"d Quarter of 2019, in order to negotiate a successor agreement. 4. 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 Internatiopal Brotherhood of Teamsters By " , _ r ,� By Soft A. Sullivan Secretary -Treasurer CITY OF TUKWILA, WASHINGTON Allan Ekberg, fa Date Date 18-111 Council Approval 7/2/18 AGREEMENT by and between CITY OF TUKWILA, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Administrative/Technical Employees) January 01, 2017 through December 31, 2018 5+ AGREEMENT by and between CITY OF TUKWILA, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Administrative/Technical 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 4 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 "K CLASSIFICATION AND MONTHLY RATES OF PAY 20 LETTER OF AGREEMENT - THREE QUARTER TIME EMPLOYEES 23 LETTER OF AGREEMENT- HALF-TIME NINE MONTH EMPLOYEES 25 LETTER OF UNDERSTANDING — LABOR MANAGEMENT SALARY STUDY COMMITTEE 27 AGREEMENT bvand between CITY OFTUKWILA, VVAGH|NGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Administrative/Technical Employees) 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 DEFINITIONS 1.1 As used herein, the following terms shall badefined oafollows: 1 1.1 ^Employer"shall mean the City ofTukwila, 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 Finance Department, City Clerks Office, Office of Community Development (Planning Division and Building Division), Information Technology, Public Works Department, Parks and Recreation Deportmont, Fire Department and Municipal Court, oalisted inAppendix ^A^ The City and Union agree to continue negotiating g Letter of Agreement to oddnaoa inclusion ofseasonal 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 ofthe parties. 1 1.4 "Employee" shall mean a regular full-time or regular part-time employee twenty (20) hours ormore per week inthe bargaining unit (as defined insubparagraph 1.1 3hor00000vnred bythis Agreement. 1 1.5 "Regular employee" shall mean anindividual performing bargaining unit work for more than one thousand fody(1U4O) hours in otwelve (12)consecutive month period, excluding interns and employees funded by State or Federal grants. 1 1.6 Notwithstanding the provisions ofSection 1 1.5ofthe Labor Agreement, the Employer may employ temporary Recreation Leaders in excess of one thousand forty (1040) hours in o twelve (12)consecutive month period, provided that: 1.1.8.1 In noevent shall the total hours worked by such employee in abwe|ve (12)conaeouUve monthly period exceed one thousand three hundred (13OO)hours. 1.1.6.2 The reason the employee exceeded the one thousand forty (1040) hour threshold was due to a short period of full-time employment in the specific program for which the employee was originally hired. AGReEMENT2U17 2018 CITY OFTUxW|N\(AdministmtiverrechnicaV 1.1.6.3 Such employee is a bona fide high school or college student. 1 17 "Monthly Salary" shall mean the monthly rate of pay aoidentified and set forth inAppendix "A" to this Agreement. 1.1.7.1 "Straight Time Hourly Rate of Pov^ shall be based upon the formula utilized by the Employer for determining the employee's regular straight -time hourly naba ofpay which is to divide the monthly salary by 173.33. (For example, an employee with a boaa monthly salary of $1,733.30 would be paid a straight -time rate of pay of $10.00 per hour). 1�18 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on which on eligible employee may, by prearrangement, continue to receive the regular rate of compensation although he does not work. ART|CLEU RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION 21 Recognition The Employer recognizes the Union as the exclusive bargaining representative hortheemployees inthe bargaining unit oadefined inArticle |. Section 1.1.3. 2.2 Union Membership - It oho|| 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 dote of this Agreement oha||, on or before the thirtieth (30th) day following the effective dote of this Agnaennent, become and remain members in good standing in the Union. It shall also be a condition of employment that all employees covered bythis Agreement who are hired on or after its effective date sho||, on or before the thirtieth (30th) day following the beginning of such employment, become and remain members ingood standing inthe 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 ofthe Union. 2.4 Union Notification Within ten (1O)calendar days from the date ofhire ofanew 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 ufall employees leaving its employment. Z5 Democratic, Republican, Independent Voters Education Drive (DRIVE): The employer nhoU deduct o contribution from the pay of each employee who furnishes a vvhthan 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" axn|udoa any week other than o week in which the employee earned a wage. The employer shall transmit to DRIVE National Heodquadem, on a monthly basis, in one check, the total amount deducted along with the name of each employee on whose behalf deduction is made and the amount deducted from the employee's paycheck. The International Brotherhood of Teamsters ahe|| reimburse the employer annually for the employers 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, ortosuch other organizations oothe Union may request ifmutually agreed to. No deduction shall be made which is prohibited by applicable |mvv. AGREEMENT oo17-2o1u CITY OFTUmNLA(AdminisooUveffnchnicaV The Union agrees toindemnify 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 hoboresolved among the Union, DRIVE and the employees without the involvement ofthe employer. ARTICLE III UNION RIGHTS AND NOWDISCRI MI NATION 31 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, 3.11 They notify the Employer in writing no less thanforty-eight (40hours prior to the time -off 3.1.2 The Employer isable toproperly 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. 3.15 The Union shall notify the Employer inwriting eatoany changes inUnion Officials. 12 Union Investiqative and Visitation Privileqes - Authorized representatives of the Union shall have access to the Employer's establishment during working hours for the purpose of investigating grievmnoea, working oonditione, ascertaining that the provisions of this Agreement are being adhered to, and for regular visitation; provided hovvever, there ahm|| banointerruption ofthe Employer's working schedule. 3.3 Bulletin Boards -The Employer shall provide o bulletin board stocentral location. The Union bulletin board ehoU be confined to use by the Union for such rnottono as announcements ofUnion meeUngo, eooio| funcdons, nomination and election of Union Offioenm, 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, re|ig(on, onaed, co|or, national origin, ogo, seu, marital status, sexual ohentation, political affi|iaUon, gender identity, honorably discharged veteran or military status, Union activities or the presence of a disability or the use of trained dog guide or service animal by o person with o 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 o s000ifio gender are used in this Agreement, they aho| be construed so as to apply equally to either gender. AGwEEMenroo17 2018 CITY OFTUKvmLAV\dninistrativefrechnkmV ARTICLE IV HOURS OFWORK 4.1 Hours of Work - The workweek for regular full-time employees shall be comprised of four (4) consecutive days of ban (10) consecutive hours of work (excluding the meal period) totaling forty (40) hours and three (3) consecutive days off as determined by the department head or. 4.1�1 The workweek for regular 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 4 1 2 The workweek for regular full-time employees shall be comprised of one woah 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 FSLA work week and two (2) consecutive days off as determined bythe department head. The following week shall bacomprised offour consecutive days comprised at nine (9) hours totaling forty (40) hours for the FSLA work week and three (3) consecutive days off eodetermined bythe department head. 4.1.3 Employees at the golf course pro shop, at least one day off shall be a Saturday or Sunday. 42 Storting Times Each employee shall be assigned o regular starting time which aho|| not bechanged without thirty-six (3G)hours written notice, except inthe case ufcivil disorder or natural disaster' and, if during this thirty-six (36) hour period an employee is deployed from on on-oo||, call -out or availability list, then Adio|a 5.3 (Callback) oho|| apply. In the event an employee's regular starting time is changed without thirty-six (36) hours written notice, he shall be paid in accordance with the provisions of Article V, Section 5.1 or 5. 1. 1, Overtime, for all hours worked outside ofthe employee's normal work schedule. Temporary work schedule changes may be made without notice to cover essential functions in case of emergencies officially declared by the Governor of the State of Washington or the Executive King County. 421 With 72-hourvvritten (email meets this requirement) notice, the Employer may require on 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. 43 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 bescheduled 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 W1em| Periods The Employer shall provide each employee with one-half (1/2) hour for o meal between the third and fifth hour of each shift. The employee may add the two (2) fifteen (15) minute rest bnaoke to the meal period with the mutual agreement of the Employer. ARTICLE OVERTIME AND CALLBACK 51 Overtime-Al|wmrk performed inexcess of the work schedule as established pursuant to Section 4.1 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 axoeao of four (4) hours oho|| 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 ofpay for the first eight (8)hours. Hours worked inexcess of eight (8) hours of scheduled overtime shall be paid at two (2) times the employee's regular straight -time hourly note of pay. AGREEMENT »o1r-uu1a CITY OFTUKVV|LA (Administrative/Technical) 5.1 1 Overtime shall bepaid atthe rate cfone and one-half (1-1/3)times enemployee's regular straight -time hourly rate ofpay in increments offifteen (15) minutes with the major portion offifteen (15)minutes being paid aofifteen (15)minutes. 5 1 2 In computing ovedima, 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, oiok, and holiday pay to Fair Labor Standards Act (FLSA) non- exempt amp|oyeeo, mho|| be considered as hours worked for the purposes of the FLGA rules governing overtime calculations. 52 Compensatory Time - In lieu of paid overtime, compensatory time -off may be utilized at the discretion ofthe employee. The use ofcompensatory time issubject toscheduling bythe Department Divootor, or designee, and shall be banked at the naba earned pursuant to Seotion51 The employee shall beallowed toaccrue uptuamaximum offifty (5O)hours ofcompensatory time. Supervisors may, prior to authorizing ovedime, communicate to the employees the supervisor's preference ofhow the overtime would be paid. In the example used honein, the supervisor may be constrained on how to pay the overtime and may only do so using one form orthe other. 5.3 Non'Pyramidinq- 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 rote of pay. 54 Callback - An employee who has left work and is called back to work after completion of a regular day'o shift shall be paid a minimum of four (4) hours at one and one half (1-1/2) times his regular straight -time hourly note of pay. Should the employee's regular shift start less 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 uontrary, the above minimum call-back provision ohm|| not apply to situations whereby the employee's work assignment is to attend public meeting(s) providing the City meets the oaquinarnant of 5.4.1 If the employee's Department Head or Division Manager (or designee) contacts on employee for the purpose of trouble -shooting outside normally scheduled employee work houns, and assistance is provided bythe employee, the employee shall be paid overtime for minimum of fifteen (15) minutes oractual time required to handle Employer business, but not toexceed thirty (3O)minutes. |focallback toduty iathen required, the fifteen (15) minutes of overtime shall be included in the compensation paid at the overtime rate under Section 53(CoUbock). 55 Meal Reimbursement - Whenever an employee is required to work more than two (2) hours after the and 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 faoi|ih/, the employee shall receive per them as posted on GSA.gov for King County or the applicable location when traveling. Per the Cih/'a po|icy, incidental expense shall be broken upon o 1/2/2 ratio. i.e. iftheGGAreporta|Eat$5OO.then$1tobnaahfaat.$2to|unuhond$2hodinner. Breakfast between the hours of12:OOo.m.and B:OOo.m. Lunch between the hours ofB:O1 a.m. and 4:00 pm. Dinner between the houroof4:O1 p.m.and 11: 59p.m. AGREEMENT 2O17-2U18 CITY OFTUKWILAVWm|nistrpUva/TuuhnicaV 5.5.1 Whenever an employee is authorized to work 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 5.4 above if the hours worked exceed five hours. In such inatanoae, employees shall receive on additional meal reimbursement for every five (5)hours inexcess ofthe initial five (5)hour period. 5.6 Standby Duty Allowance Amemployee who hsrequired bobaavailable and subject bocall 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 o communication device (such as a pager or cell phone) and be able to respond immediately tocallback situations, without restrictions orimpairments. 5.0.1 /n 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 ooUbook on 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 Employar, ohoU be rotated among those bargaining unit employees who have passed pnobodon, have at least one year of experience in the assigned vvork, and have designated their preference howork standby duty. Each employee may designate his weekend preference prior to the standby duty rotation list being made and posted onthe Union bulletin board. Anemployee 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 emergenuy, with the approval of the Department Head orhis 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) hours notice to the employees affected. 5.8.3 The Employer shall retain the right todetermine standby assignments. ARTICLE VI MONTHLY SALARIES 8.1 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 ioearlier. ART|CLEN| WORKING OUT OFCLASSIFICATION 71 In the event that oqualified employee (at the sole discretion ofthe Employer) is required and authorized to act in the capacity and perform the duties of a higher classification than that towhich he is regularly assigned, the employee shall be paid at the next higher rate oy pay in the higher o|ooaificotiun, with o minimum increase of five percent (596); provided hoxm*ver, the employee eho|| have worked o minimum of eight (8) hours performing such work during the workday; and, provided further, the employee must work in the higher classification for o minimum of three (3) consecutive days. Pay for the work out -of - classification oho|| be retroactive to and include the first day. The above three (3) consecutive day requirement may bowaived ifoperational needs exist. Compensation for temporary assignments to positions outside the bargaining unit shall be as set forth in City Policy applicable tonon-bargaining unit employees ofthe City. AGREEMENT 2O17'2O18 CITY OFTUKVVLx(Adminiatraive/TeomnicaV ART|CLE\0U PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES 8.1 Probation Period Anew employee shall be subject to a eixHB month probation period commencing with the employee's most recent first date ofhire. During this pehod, 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 on employee for protected Union activity. 8.2 Considerations |nlayoff, recall and filling regular job vacancies, the Employer shall give consideration tounemployee's length ofcontinuous 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 inthe job. In applying this pnovioion, itiathe intent to provide qualified employees with opportunities for promotion and the Employer with efficient operations. 8.3 Layoff-ThehdlowingwiUapplywhe or any reduction of compensable hours is deemed necessary bythe Employer. The employer will identify what funding issues needs to be addressed to include reduced programs or service costs through reduction in force orcompensated hours. Prior to making s decision to layoff or reduce uompenaab|e hours of employees in the bargaining unit, the Employer shall meet and confer with the Union to confer and explore alternatives and the effect ofsuch |oyoM(o) or reduction ofoompennob|e hours. The Employer shall negotiate with the Union regarding the effects of any decision to layoff or reduce oompenoob|ehours ofemployees inthe 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 belaid off first, provided those remaining onthe 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 ifemployees subject bzlayoff orreduction incompensated hours in the effected bargaining unit are qualified to perform the remaining duties with limited 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 becompleted oosoon oapossible thereafter. The application ofthis language shall besubject hothe grievance procedure. TheUniun'o pursuit of any contractual grievance regarding the above layoff provisions shall not relieve the Employer ofits obligation bzbargain with the Union regarding the effects ofany 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 naco||ad finat, provided they can pedbnn the duties required. An employee on layoff must keep both the Employer and the Union informed of the address and telephone number where hecan becontacted. AGREEMENT uo1r-mna CITY OFTUwWu\(Administnm|verr cmnicaV 8.4.1 When the Employer kaunable tocontact anemployee who hsonlayoff 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 oaeee. 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 o regular job vacancy oocuro, 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 any Federal orState Law. 8.5.1 Notices of regularjob vacancies shall be posted on the bulletin board for five (5) work days. Present employees who desire consideration for openings ahoU notify the Employer in writing during the five (5)work day period the notice iaposted. 8.52 Lsbeno| 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 ehe|| remain at his current rate of pay until such time that he acquires the necessary oedifioation(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, ifhis 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 befor more than twelve (12)months. 80 Seniority Liat- Upon request, but not more than quarterly, the Employer shall provide the Union with o seniority list showing the name of each employee within the bargaining unit, his present classification, his date ofhire and his present rate ofpay. 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 Jc'oBirthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Day Christmas Day Tvvo(2) Floating Holidays January 1st 3rdMonday ofJanuary 2rdMonday ofFebruary Last Monday ofMay Ju|y4th 1otMonday ofSeptember November 11th 4thThursday ofNovember Oeoomber25th 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(n)provided. 921 The employee has been or is scheduled to be continuously employed by the Employer for more than four (4)months. AGREEMENT 2U17-2O18 CITY OrTVKVV|*V\dninis$rah,enechnkm; 9.2.2 The employee has given not less than fourteen (14) calendar days written notice bothe supervisor; provided however, the employee and the supervisor may agree upon onearlier date. 9.2.3 The number ofemployees selecting o particular day off does not prevent the Employer from providing continued public service. 924 The personal holiday must be taken during the calendar year of entitlement or the day shall |apoa, except when an employee has requested g personal holiday and the request has been denied. 9.2.5 Employees may take their personal floating holiday inone-hour increments. 9�3 |nthe event eholiday falls upon aSunday, the following Monday shall bedeemed to be the legal holiday. In the event the |aQa| holiday falls on o Saturday, the preceding Friday shall bedeemed bobethe 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 |X. 9.5 Any work required tobe performed byonemployee onany ofthe 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 LEAVES 101 Vacation Leave - Each employee shall, after six (8) months continuous aenioa 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 Avmnation cannot be taken until after the completion of six (G) full calendar months of service. An employee hired on or before the fifteenth (1 5th) day of any month shall accrue vacation leave from the first day ofthat month. Anemployee hired onorafter the 1Gthday of any month shall accrue vacation from the first day of the next month following. 101.2 Annual Vacation Leave ohuU 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, fora total of ninety-six (98) hours per year. Twenty-four(24) additional hours of annual leave eho|| be granted after the third (Dm).fourth (4m)and fifth (5m)years. After six (8)years ofcontinuous employment, additional annual leave shall accrue onthe employee's anniversary date in accordance with the following schedule: Start ofeach \�caUonAccrual per pay period Annual vacation - Accrued 0-0 months UOO 48upon probation 7-24 months 400 SG year 3 500 120 year 4 500 120 year 5 5.00 120 year 0 534 128 AGREEMENT oo17-ao1a CITY OFTUKVmu\(Admin|sUaivnnecxnicaV Sto�of��oh Vacation pay period Annual vacation Accrued year 7 534 128 year 8 5.07 136 year 0 600 144 year 10 0.34 152 year 11 6.87 180 year 12 700 108 year 13 734 178 year 14 7.87 184 year 15 800 192 10.1.3 An employee may accumulate a maximum of one (1) year's accrued vacation leave. An employee may, Ulereforo, take amaximum oftwo (2)vacation leaves consecutively. Vacation time accumulated in excess of the maximum limit eho|| be forfeited. The maximum number of accrued hours depending on the employee's years of service is between 192and 384. 10.1.4 Upon resignation from City employment, an employee shall be paid cash at the normal rate ofpay for his unused annual |eove, 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 ofthe month. 10.1.5 Whenever an employee does not take oveoaUon to which he is entitled in anyone (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 oho|| be taken at such time as aho|| be approved bythe head ofthe department. 10.1.6 The usage of annual leave may be expended in increments of not less than one-half (1/2) hour. 10.17 Vacations oheU be scheduled at such times as the Employer finds most suitable after considering the wishes of the employee and the requirements of the department. 101 8 Ennp|oyoao ohe|| receive up to one (1) pay period vacation pay before leaving for their vaootion, upon request and with sufficient notice. 18.1.9 Upon the effective date ofthe termination ofanemployee's employment, such employee ahoU 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. 101.10 Vacation Leave for Regular Part-time Ernp|oyaea - Regular pod -time employee nho|| receive vacation benefits onopro natobasis. For example, ifaregular part-time employee normally works four (4) hours per day and the department's normal work day is eight (8) houra, the employee shall receive four(4) hours compensation at his regular rate of pay AGREEMENT uo1r-uu10 CITY OFTUwWL*KAdministrat^e[recxnicaV PAos1O for each day ofvacation earned. Regular part-time employees shall accrue vacation onthe same basis as o regular full-time employee and shall be subject to all the provisions of Sections 10.1 through 1&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 o maximum of seven hundred twenty (720) hours. Accumulated sick leave pay shall be paid at the rate of eight (8). nine (S) or ban (10) hours per doy, depending on the mnnp|oyoa'o scheduled vvorkvveek, at the employee's magu|arotnaight'time hourly nmba ofpay from and including the employee's first (1at)working day absent. 1021 Sick leave benefits shall apply to bona fide cases of employees sickness, accidents, doctor, dental orocular appointments, maternity leave or the illness or injury of 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 members illness or emergency, pursuant to Section 10.3.1 and as may be required byState orFederal Law. 10.2.2 Afull-time employee who is on sick leave as specified in Section 10.2.1. fora period of three (3) days or longer may be naquired, prior to being entitled to any compensation therefore, furnish without delay, a return to work authorization from a qualified doctor. 1023 In the event on employee terminates his employment, or such employment iaterminated 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 ifterminated during the probation period. 10.2.4 In any case in which on employee ohoU 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 os herein above specified. Furthermore, the sick leave benefits herein specified aho|l not baapplicable bo any employee who is covered by any relief and pension act or oinni|or legislation providing for sickness and/or disability payments, or the State of Washington, granting substantially equal or greater benefits than herein provided. 102.5 Sick Leave For ReOu|orPart-Time Employees - Regular part-time employees shall accrue sick leave benefits on o pro rata beoha. For example, if regular part-time employee normally works four (4) hours per day and the department's nonno| work day is eight (8) houne, 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 HRANEBA Plan, which provides a "buy out" of eligible sick leave hours as, explained below, at the rate of twenty- five(2596)cftheva|ueofthonahoura. All regular full-time and part-time (at least 2Ohours per vvaok), employees are required to participate in the City HR/VVEBA Plan/Teamsters Local Union No. 763Adminietrotive/Teohnioa| Plan. Regular full-time employees who work ominimum offorty W0\hours per week and regular part-time employees, who work atleast twenty (2O)hours and less than forty (4O)hours per week, are eligible for the City HRA/VEBA Plan[Teamsters Local Union No. 763 AGREEMENT uo17-mxa CITY 0FTUKW|u;(Administrative/Technical) Administrative/Technical 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 (ieover 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 ernp|oyees). The sick leave hours over the maximum will not exceed what can be earned in one calendar year (i.e. ninety-six (98) sick leave hours by a regular full-time employee). Contributions for calendar years 2008. 2007. and 3008. are to be put in the emp|oyoa'eVEBAa000unt— pursuant to |B8 rules governing VE8APlans. 103 Bereavement Leave Anemployee who has amember ofhis immediate family taken by death shall receive up to three (3) days off with pay as bereavement |aeva Up to an additional two (2)days with pay may begranted when out-ofatote travel ierequired. 103 1 "Immediate family" eho|| be defined as epouse, domestic portner, biological parent of the employee or an individual who stood in loco parentis to the employee when the employee was a eon or daughter, mother, father, step pmnenbe, mothapin-|axv, father-in-law, children, (including domestic partner'achildren in compliance with City Policy & Pnznadune#O2'O2- 14) step children, oiater, bvother, doughtepin-|ovv, son-in-law, oiotapin-|ovv, brother-in-law, grandparents, grand pmnento-in-|owand grandchildren. 10A Jury Leave -An employee who is required to serve on m]ury. or as a result ofofficial City ofTukwila duties isrequired toappear before acourt, legislative committee orquasi 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 forjury be excused if their absence would create a hardship on the operational effectiveness of the division to which they are assigned. 105 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 oemo position or to an equivalent position occupied before the leave. 10.6 Temporary Disabi|itv 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 loss of seniority) for iUness, injury or surgery and shall only be granted for the period of disability and ehoU not exceed six (0) months. The Employer may extend the leave for an additional six (G) 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 m break in service (or |oan of seniority) but no benefits shall accrue during the temporary disability leave. Upon expiration of temporary disability |eove, the employee eho|| be assigned hothe same position, ifopen, occupied before the leave o/boonequivalent 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 inArticle V|||. In the event of an on the job injury, the employee ohm|| be subject to return to work rights and/or limitations as may be established as a matter ofState Law. In any omee, 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. 10.7 Light Ouh/— 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 amodified light duty work assignment within the mffeohad employees department, if work is available. The Employer will establish the employee's duties and schedule. AGREEMENT2O17 2018 CITY OFTUKVVL*(AdminimraUvn/TeomnicaV PAGE12 |fcleared to perform the light dutiea.00id performance ofthe modified light duty assignment ehmU be limited to sixteen (16) consecutive weeks at which time on assessment to determine whether a reasonable accommodation under the Americans with Disability Act AADA\ will be made as to the employee's ability to pedbnn the essential functions of the position and continued employment with the City. The employee will provide the City a copy ofany written restrictions from the employee's physician. ARTICLE XI HEALTH INSURANCE Medical Insurance The Employer shall contribute those premiums necessary topurchase medical care insurance for each regular employee and his/her dependents under the City ofTukvv|a'aSelf-Insured y0edino| Plan; 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 (896) each year. In the event the monthly premiums increase more than eight percent (896) in a year. the Employer orthe Union have the right to reopen the Agreement to negotiate changes in the Self -Insured K8adiva| Plan benefit levels sothat the increase in premium costs does not exceed eight peruent(8Y6). The medical committee eheU meet to discuss and negotiate changes in the Self -insured Medical Plan benefit levels sothe increase inpremium costs do not exceed eight percent Effective January 1.2O18.the Union accepts the following changes inplan deeign� • co -pay for specialist to $40 ° co -pay for complex imaging bz$1OO • co -pay for urgent -care doctor visits to$5O ° Change toEnvision Select Formulary (pharmacy) 11 1 2 For employees who elect medical coverage through Kaiser Pernnanente. the Employer aho|| pay uphuthe maximum dollar amount contribution for the Self -Insured p|on 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 oho|| be as determined byKaiser permanenha. 11.2 Dental Insurance The Employer shall contribute one hundred percent (1OO96)ofthose premiums necessary to purchase dental core insurance coverage for each full-time employee and his dependents under the City of Tukwila Self -Insured Medical/Dental plan. 113 Vision Insurance - The Employer shall pay one hundred percent (100%) of those premiums necessary topurchase 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 Teomab»no Vision Cana Plan (Extended Benefit Plan) or other equivalent plan which does not reduce benefits, as may be chosen by the Employer. 11 31 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 o month. The employee and eligible dependents will become initially eligible on the first day of the month in which the third consecutive monthly payment is made on the employee's behalf. Note: Employees should check with Personnel prior toaccessing this benefit to assure eligibility status. AGREEMENT oV1r'on18 CITY OFTUKVV|LA(AdminkstokiverTaconicaV PAGE13 11.4 Life Insurance - The Employer shall pay one hundred percent (1OO96) ofthose premiums necessary to purchase a Fifty thousand dollar ($50,000) life insurance policy for each full- time employee which eho|| provide for beneficiary ofsuch policy as designated by the employee. 11.5 Health Insurance for Requ|arPart-time Employees- Regular part-time employees shall receive health insurance benefits as provided in Sections 11 1 through 11.4 on a pro naba basis. For examp|e, if 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 (5096) of those premiums it would have otherwise paid for full-time employee. 11.51 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 otatus, booed 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 Lonq'Ternn Disability Effective January O1. 2000. the Employer shall pay one hundred percent (10096) of those premiums necessary to purchase o Long -Term Disability Insurance Plan that provide for the payment of sixty percent (6096) of an employee's earnings while on long-term disability. 11.6.1 Voluntary Supplemental Insurance-AFLAC The City will offer o voluntary supplemental Short Term Disability policy through AFLAC and the City will provide for employee payroll deduction for this purpose. 11.7 Effective Dote ofCovenaqe - Coverage for the health insurance benefits set forth in this Article ahm|| become effective the first day of the first full month of employment; provided hovvever, if an employee is hired on the first work day of any month, the employee's coverage begins and becomes effective onthat day. 11.8 The City will develop o VEBA PLAN to enable employees who are eligible to cosh in accrued sick leave hours in accordance with Article 10.20 (Sick Leave Incentive) and contribute the amount toaVEBAaccount onbehalf ofthe employee. 11.9 The City and Union each reserve the right to open negotiations on insurance issues (only) in the event hooUhomna reform legislation mandates changes that have unanticipated impacts onthe parties. The purpose ofsuch negotiations shall betoreach agreement on a mutually acceptable alternative medical inmuronmaoption(s) 1110 Pensions -Tha Employer and the employees aho|| participate in the Washington Public Employees Retirement Gyabam as set forth in RCVV41 44 as now set forth or hereafter amended. Western Conference ofTeamsters Pension Plan: The bargaining unit may, during the term of this AQreennemd, as o bargaining unit, elect to participate in the VVaetenn 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 - bargaining unit work performed. |fthe bargaining unit votes toparticipate and inthe 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 offaot at the time shall continue until such time each bargaining unit member's proportional share of the withdrawal liability is satisfied. o. The total amount due bzthe Trust Fund for each monthly payroll period shall beremitted tothe Administrator for the Trust Fund inalump sum by the City on or bafuno the 20th of the month for Teamster pension eligible AGnEEmEwTon17 2018 CITY OFTUKxV|LA(Adminimnat|"e/TecmnicaV pAGs14 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 Agnoament, as a bargaining unit elect to increase the payroll diversion amount. Kitdoes, Teamsters 703and the City will execute oMemorandum ofUnderstanding inotimely manner. o. 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 otthe employees will bereimbursed tothe City. ARTICLEXI| MISCELLANEOUS 12.1 Entire Aqreement- The purpose of the Employer and the Union in entering into this Agreement is to set forth their entire agreement with regard to xvugaa, hours and working conditions no 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 ofthe Employer, the Union and the employees. 12.2 Education -Tho 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. 123 Traininq - 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 toschedule training sessions onoregular basis. 12.4 Safety - The Employer and employees shall comply with all applicable laws naisding to sonyq/. 12.5 Clothinp A||ovvonoo -the Police Records Supervisor shall receive o clothing m||ovvonoe in the amount of $35000 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 m||ovvanoe shall be paid once annually to the Police Records Supervisor on January 31 of each new year, subject to o prorated deduction from the final paycheck inthe event onemployee 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 nudeduction will bemade. 12.6 Personal Appearance and Conduct- it shall be the responsibility of all employees to represent the Employer to the public in o manner which shall be oourteouo, efficient a helpful. 127 Footwear' Certain employees shall be required to wear approved safety footwear. The definition of safety footwear ahu|| be the same on referenced in 296-155-212 of the Washington Administrative Code (VVAC). Upon proof ofpurchase, the Employer shall reimburse each employee tovvondn the cost of such footwear which shall bear identifying marks or labels indicating compliance with the applicable code as revised. The Employer shall increase the safety footwear reimbursement each year ofthe Agreement oafollows: January 1.2O17 January 1.2O18 AGREEMENT yo17-on10 CITY OFTUxW|LA(AdminkstmUve/Techn|ca|) PxGe1s This shall include Inspector and the Code Enforcement Officer position previously covered under the Supervisor Labor Agreement. Also, because the Plans Examiner'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 ofapproved safety footwear. 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. ARTICLE XIII PERFORMANCE OF DUTY 13.1 Noemployee shall strike orrefuse to perform his assigneddutieohoUhebeotofhisobi|hy nor shall the Union cause or condone any obikaa, olovv+1ovvns or other interference with the nonno| operation of the Employer. Any or all employees who violate any provision of this Article may be subject to disciplinary action up to and including termination. The Employer shall not lock out any employee during the life ofthis Agreement. ARTICLE XIV MAINTENANCE OF STANDARDS 14.1 Any and all base wages shall be maintained at not less than the highest standards in effect at the time of signing of this Agreement. ARTCLEXV MANAGEMENT RIGHTS 15.1 Any and all rights concerned with the management and operations of the department which have employees covered by this Agreement are exclusively that ofthe Employer unless otherwise provided by the terms of this Agreement. 152 Examples ofrights reserved bomanagement shall include the following: � Toapprove and schedule all vacations and other employee leaves ° Toassign and approve work and overtime * To classify jobs * Todetermine and control the budget ° Todetermine business hours * To determine number ofpersonnel, the methoda, means and equipment for operations ofthe department ° To determine phyaico|, menbo|, and performance standards � Todetermine qualifications for employment � To determine the Employer's mission, po|ioiea, and all standards of service offered bothe public � Todetermine the length ofshifts, starting and quitting times � Todiscipline, suspend, demote, discharge employees for Just Cause � To discontinue work that would be xvastofu|, unproductive or duplicative � Toestablish the makeup ofthe workforce * Tointroduce and use new and improved methods, equipment, orfacilities � Tolay off employees � To make and modify rules and regulations for the operations of the Department and conduct ofits employees ~ To plan, direct, schedule, control, and determine the operation of services to be conducted byemployees ° To reoruit, hire, pnomoba, tuanefer, assign employees into bargaining unit positions mGREEMEmT2O1r 2018 CITY OFTUwmxLAmdmmisoad"enechnica0 PasE1s � Toschedule work * Totrain and direct employees ° To bake any action neceosury, including modifications of work schedules and work assignments, to carry out the city'a mission in the event ofemergency 153 Except as otherwise provided by the bonne of this Agreement the City agrees that e continuing duty tobargain exists oobothe impacts ofmanagement decisions inthe exercise of those enumerated rights that effect wageo, hours and working conditions within the meaning ofRCVVChapter 41.bG. 15A Application of the terms of this Agreement to employees in the Municipal Court shall be subject to the discretion of the Judge pursuant to General Rule 29. It is understood that judicial and administrative duties set forth in this rule cannot be delegated to persons in either the |egia|eUva or executive branches of government. The presiding judge of the Tukwila Municipal Court or their judicial designee will maintain full responsibility for all hiring and termination ofcourt employees. This includes all layoff and reom|| decisions for all judicial branch positions. ARTICLE XVI WARNING NOTICE 18.1 The Employer aho| not discharge nor suspend any employee without just oause, 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. Aoopy of any disciplinary action shall besent tothe Union at such time it is presented tothe employee. Warning notices relating howork performance shall not remain ineffect for nperiod ofmore than ten /10> months from the date of said warning notice; provided hovvever, warning notices may be retained in the employee's file for o period ofuptoeighteen (18) months for the purpose of demonstrating a pattern of recurrent or habitual behavior of eirni|or 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 tobeextended bymutual agreement. The Union will not unreasonably deny an extension. No prior warning notice ohe|| be necessary if the cause for discharge or discipline in u result ofsuch moUano equal to and including thek, gross ineubondinoUon, moral turpitude orintoxication during working hours. ARTICLE XVII GRIEVANCE PROCEDURE 17.1 A "Grievance" shall mean a o|oirn or dispute by an employee with respect to the interpretation or application of the provisions of this Agreement. 17.2 STEP | An employee and/or his Union Representative must present agrievance within ten (10) working days of its alleged occurrence or knowledge of same to the employee's supervisor and department heod, who shall attempt to resolve it within ban (10) working days after itiopresented tothem. 17.3 STEP U ' If the employee is not satisfied with the solution by the department heed, the ghavanoe, in vvhtng, together with all other pertinent materials may be presented to the Mayor orhis designee by a Union Representative. The Mayor, or his deaignee, shall attempt to resolve the grievance within ten (10) working days after it has been presented to him. 17.4 STEP III |fthe grievance isnot resolved bvthe Mayor, Presiding Judge, orhis 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 oppointae, they shall jointly request the Public Employment Relations *GeEEwewTv07 mnu CITY OFTUKVVLxV\dministroU"e/rerhnicmV p*Ge1r Commission to provide elist cfseven (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 befinal and binding upon the parties tothe grievance provided the decision does not involve motion by the Employer which is beyond its jurisdiction. Each party hereto shall pay the expenses of the arbitrator on o shared basis. Each party hereto shall pay the expenses oftheir own representatives (eg witnesses and attorneys 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. 177 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 aho|| 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 annp|oyae. the Union, and all persons it represents to litigate or otherwise contest the appealed subject matter in any court orother forum. Likewise, litigation or any other contest of any subject matter involving an employee or the Union in any court orother available forum shall constitute an election of remedies and u waiver ofthe right to arbitrate the matter. ARTICLE XV|U SEPARABILITY 18.1 If any Article of this Agreement shall be held invalid by operation of law or by any tribunal of competent juhadiction, 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 nsstnainad, as afore-nafennnoed, the parties hereto ehe|| 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. AGREEMENT2O17 308 CITY OFTUKw|LA(Adm|nistnativonecxnica0 P*GE1D 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 boJanuary 01. 2019. except as provided herein. PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 703, affiliated with the |nbamodo7o(Brotherhood ofTeamsters By cott A. Sulli van Secretary -Treasurer By Date (n~�"�'~ 17'', Dote By / / / CITY OF TUKWILA, WASHINGTON Allah -Ekberg, Mayor / / / :i—mbedy4`Walden Presiding Judge Date ' -1 3 )�� By ~_ Reviewed byCity Attorney Date -7- 3 _ /2 AGREEMENT 2O17-20U8 CITY OFTUxVNLA(Admmisun8"n/TechnicpV PAoE1a 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 Administrative and Technical 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 The classifications of work, allocation of bargaining unit positions to this bargaining unit and their corresponding Pay Ranges for classifications covered by this Agreement shall be as follows: CLASSIFICATION DBM PAY RANGE Admin Support Assistant Al 1 Recreation Program Assistant Al 1 Admin Support Technician Al2 Fiscal Support Technician Al2 Technology Services Assistant Al2 Admin Support Specialist A13 Admin Support Coordinator B21 Bailiff B21 Fiscal Specialist B21 Recreation Program Specialist B21 Building Inspector I B22 Plans Examiner B22 Building Inspector II B23 Code Enforcement Officer B23 NPDES Inspector (Entry) B23 Police Records Supervisor B23 Project Inspector (Entry) B23 Technology Services Specialist (Entry) B23 Building Inspector III B24 Director of Instruction -Golf B24 NPDES Inspector (Senior) B24 Project Inspector (Senior) B24 Recreation Program Coordinator B24/B31 Senior Plans Examiner B24 Emergency Management Specialist B25 Senior Electrical Inspector B25 Technology Services Specialist (Senior) B25 AGREEMENT 2017 - 2018 CITY OF TUKWILA (Administrative/Technical) PAGE 20 A.2 Employees who are currently in the bargaining unit and are currently employed within the City of Tukwila, shall receive retroactive pay for the difference between the previously earned 2016 rate and 1.8% for all compensated hours in the unit during 2017 and through May 31, 2018 DBM Pay Range Step 1 00-12m Step 2 13-24m Step 3 25-36m Step 4 37-48m Step 5 49m + All $3,487 $3,660 $3,844 $4,034 $4,238 Al2 $3,731 $3,917 $4,114 $4,321 $4,536 A13 $3,993 $4,188 $4,398 $4,619 $4,853 B21 $4,270 $4,484 $4,709 $4,942 $5,190 B22 $4,568 $4,799 $5,037 $5,291 $5,554 B23 $4,889 $5,133 $5,388 $5,662 $5,943 B24/B31 $5,231 $5,495 $5,767 $6,056 $6,359 B25/632 $5,595 $5,877 $6,172 $6,481 $6,806 A.2.1 Employees who are currently in the bargaining unit and are currently employed within the City of Tukwila, shall receive retroactive pay for the difference between the previously earned 2017 rate and 2.7% for all compensated hours worked in the unit during January - June 2018. DBM Pay Range Step 1 00-12m Step 2 13-24m Step 3 25-36m Step 4 37-48m Step 5 49m + All $3,754 $3,940 $4,139 $4,344 $4,564 Al2 $4,018 $4,219 $4,430 $4,653 $4,885 A13 $4,299 $4,509 $4,735 $4,973 $5,225 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 B24/B31 $5,633 $5,916 $6,209 $6,521 $6,847 B25/832 $6,024 $6,327 $6,645 $6,978 $7,329 A.2.2 Effective July 1, 2018 for all employees who are in the bargaining unit shall receive adjusted wages schedule by 90% of increase in CPI-W (June) 2016-17 (2.7%). DBM Pay Range Step 1 00-12m Step 2 13-24m Step 3 25-36m Step 4 37-48m Step 5 49m + All $3,856 $4,047 $4,251 $4,461 $4,687 Al2 $4,126 $4,332 $4,549 $4,779 $5,016 A13 $4,415 $4,631 $4,863 $5,108 $5,366 B21 $4,722 $4,958 $5,208 $5,465 $5,739 B22 $5,051 $5,306 $5,570 $5,851 $6,142 B23 $5,406 $5,677 $5,958 $6,261 $6,572 B24/B31 $5,785 $6,076 $6,377 $6,697 $7,032 B25/B32 $6,187 $6,498 $6,825 $7,166 $7,527 A.2.3 If the 2017-18 CBA is ratified, those employees slated for retirement but not yet terminated employment will also receive retro pay. AGREEMENT 2017 - 2018 CITY OF TUKWILA (Administrative/Technical) PAGE 21 A.3 Lonqevity Bonus - Effective January 1, 2014, the monthly longevity flat rates shall be as follows for regular full-time employees after the completion ofthe number ufyears offull time employment with the City set forth below. Regular part-time employees aho|| receive longevity on o pro -rota basis. Completion of5years $75 Completion of1Oyears $100 Completion of15years $125 Completion of2Oyears $150 Completion of25years $175 Completion of3Dyears $200 A.4 Evaluation Bonue- In the event evaluation bonuses are reinstated for employees, the Employer and the Union ahmU meet and confer regarding implementation of such a bonus for this bargaining unit. &5 Differential Pav- Employees who are regularly scheduled towork between the hours of 11:00 P.M. and 7:00 A.M., shall be compensated a shift differential of fifty (50) centsper hour for those hours worked between 11:OOP.M. and 7:OOAy@.inaddition totheir regular hourly rate of pay. This provision does not apply tothose employees that begin work at PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763. affiliated with the International Brotherhood of Teamsters By 'A Secretary -Treasurer CITY OF TUKWILA, WASHINGTON By 1-e Allan Ekberg, Mayor __ �� uDate//-� By Reviewed by City Attorney AGREEMENT2V17 2018 CITY OrTVKW|Lx(Admin|atraive/TecxnkaV PAGE22 LETTER OF AGREEMENT by and between CITY OF TUKWILA, WASHINGTON and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763 (Representing the Administrative/Technical 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. 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 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. 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. 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. AGREEMENT 2017 - 2018 CITY OF TUKWILA (Administrative/Technical) PAGE 23 Three Quarter Time Employees shall bapaid holiday pay sd percent (7596)ofthe rate set forth within the Labor Agreement. Ho|idoya, including floating ho|idaya, 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. 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 Internatio-ial Brotherhood of Teamsters By $�6tt A. Sullivan Secretary -Treasurer / � �� - i m� �� - e_~� � �� CITY OF TUKWILA, WASHINGTON � By �D r_1)}M-11 E K b_e_' Date 1-3-Is AGREEMENT 2V17-208 CITY OFTUKVVL*(AdminisuoUve/rechnica0 LETTER OF AGREEMENT Bvand between CITY OFTUhWU\VVAGH|NGTON And PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 7G3 (Representing the Admin istraUve/Tnohnioa|Employees) THIS LETTER OF AGREEMENT iobvand between the CITY OF TUhWU\ VVASH|NGTON, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 783. affiliated with the International Brotherhood ofTeamsters, 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 uontnary, there shall be m category of employee oe||ed the Recreation Program AaaiebanVPnaochuo| Teacher. A Recreation Program Assistant/Preschool Program Instructor working in this oapooih/ shall be subject to the following modifications tothe Labor Agreement. The Recreation Program Assistant/Preschool Teacher shall work (26) hours a week for operiod of 39 weeks provided however, these employees shall remain on the payroll for the full twelve (12) month calendar year. The Recreation Program Assistant/Pre-School Teacher shall be paid for twenty (2O) hours sdtheir regular hourly rate ofpay when they are actively working for the Employer. Six (8)hours ofthe regular hourly rate of pay for their classification of work shall be "banked" (auorued, but not paid). The Employer shall evenly disburse in regular increments to the Recreation Program Assistant/Preschool Teacher from their banked compensation during the 13 vveakm they are not actively working during the calendar year. These employees shall be paid these evenly disbursed amounts on the same regular pay dates established for other bargaining unit employees. The Recreation Program Assistant/Pre-School Teacher shall not be allowed to earn or accrue compensatory time. All hours worked by the Recreation Program Assistant/ Preschool Teacher in excess of forty (40) hours in o week shall be compensated during the pay period it was earned at one and one-half (1-1/2) times their regu|ar(1OO96) hourly rate of pay. All insurance benefits for the Recreation Program Assistant/Preschool Teacher ohm|| 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 amp|oyee, except for contributions to the Public Employees Retirement 8yabam and Federal Insurance Contribution Act. The insurance benefits referred to herein shall include Medical (optional), Dental (optional), Vision, Life |nouronoe, and aho|| continue to be provided on the basis set forth herein for the period that the Employee does not actively work for the Emp|oyor, provided the employee pays their share ofthe premiums. AGREEMENT 207 2018 CITY OFTUKVVL8(AdninishaUvn(Tachnkm|) pAosuo The Recreation Program Assistant/Preschool Teacher 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. Vacation and sick leave benefits shall only be used during the period that the Employee is actively working for the Employer. Unused vacation and/or sick |ooxa benefits shall be carried over from one year to the next in accordance with the terms of the Labor Agreement. The Recreation Program Assistant/Preschool Teacher shall be paid holiday pay at fifty percent (50%) of the rate set forth within the Labor Agreement. Holidays, including floating holidays, which occur during the period that the Employee ienot actively working for the Employer shall be paid to the Employee as they occur at a fifty percent (50%) of the rate set forth within the Labor Agreement. The Recreation Program Assistant/Pre-school Teacher shall not be eligible for unemployment benefits during the 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 oft &Sullivan Secretary -Treasurer t 2 «_ IS CITY OF TUKWILA, WASHINGTON �1B m3REEMewT2o17 2018 CITY OFTUKVVLAV\dninis8ah,erTeohnicmV PAmEus LETTER OFUNDERSTANDING byand between CITY OFTUhWLA,VVA8H|NGTON And PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 7G3 (Representing the Administrative/Technical Ern 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 amfollows: Once the City Council has completed its 2018 review of the City's compensation -- which includes internal equity issues — the Employer and Union will convene a labor-management salary study committee comprised of members of the City and Tamnnotena Union'o bargaining committees. The purpose of the committee will be to address internal equity and external market compensation topics in preparation for the salary study. The Committee will meet in August, 2018 to determine its agenda and work plan. PUBLIC, PROFESSIONAL & OFFICE - CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763. affiliated with the International Brotherhood of Teamsters By oft A. Sullivan Secretary -Treasurer CITY OF TUKWILA, WASHINGTON AGREBNENT2O17 2018 CITY OFTUKVVL*(AdminisUaUve/TochnicaV P*sE27