HomeMy WebLinkAboutSpecial 2018-12-10 Item 2J - Labor Agreement - 2017-2018 Police Commanders Collective Bargaining Agreement with Fraternal Order of PoliceCOUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
ITEM No.
Spec 2.J.
STAFF SPONSOR: RACHEL BIANCHI
ORIGINAL AGENDA DATE: 12/10/18
AGENDA ITEM TITLE Police Commanders Contract
CATEGORY Discussion
Mt g Date
Z Motion
Mtg Date 12/10/18
0 Resolution
Mt g Date
El Ordinance
Mtg Date
E]Bit/Award
Alts Date
E Public Hearing
Mtg Date
E Other
Mtg Date
SPONSOR Council
EHR LDCD LFinante EFire TS ZP&R [Police EPW
Mayor
• Court
SP ONSOR' S The City and the Fraternal Order of Police representing the Commanders received a ruling
SUMMARY regarding the 2017/2018 contract. The ruling of the arbitrator is binding. Therefore,
Council is being asked to authorize the Mayor to sign the contract.
REVIEWED BY El C.O.W. Mtg. II CDN Comm E Finance Comm. Public Safety Comm.
Trans &Infrastructure Arts Comm. E Parks Comm. 0 Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Administrative Services
N/A Per Council President
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
12/10/18
MTG. DATE
ATTACHMENTS
12/10/18
Tukwila Police Commanders 2017/2018 Contract
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2017-18
TUKWILA POLICE COMMANDERS
LABOR AGREEMENT
between the
CITY OF TUKWILA
and
FRATERNAL ORDER OF POLICE
Green River Lodge #27
Tukwila Labor Committee
Effective
NOVEMBER 8, 2018 THROUGH DECEMBER 31, 2018
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TUKWILA POLICE COMMANDERS
AGREEMENT
by and between
THE CITY OF TUKWILA
and
FRATERNAL ORDER OF POLICE — LODGE #27
TABLE OF CONTENTS
ARTICLE TITLE PAGE
Table of Contents 2
1 Recognition and Bargaining Unit 3
2 Definitions 3
3 Dues Deduction 4
4 Hours of Work and Overtime Exemption 4
5 Management Benefits 7
6 Uniforms and Clothing 8
7 Salaries 9
8 Grievance Procedure 10
9 Management Rights 12
10 Civil Service 12
11 Non -Discrimination 13
12 Indemnification 13
13 Entire Agreement 13
14 No Strike and No Lockout 14
15 Savings Clause 14
16 Duration of Agreement 15
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AGREEMENT
This mutual agreement has been entered into by the Fraternal Order of Police Green River Lodge
#27, Tukwila Labor Committee (hereinafter referred to as FOP), and the City of Tukwila
(hereinafter referred to as "City" or "Employer").
ARTICLE 1
RECOGNITION AND BARGAINING UNIT
SECTION 1. The City of Tukwila recognizes the Fraternal Order of Police, Green River Lodge
27, Tukwila Labor Committee , as the exclusive bargaining representative of the Police
Department for all Police Commanders of the Tukwila Police Department.
ARTICLE 2
DEFINITIONS
SECTION 1. For the purpose of this Agreement, the following definitions will control:
2.1 "Bargaining Unit" shall mean all regular full-time commissioned Commanders who are
employed by the City of Tukwila Police Department and working in the position of
Commander per PERC certification dated December 8th, 2016. Case No. 128476-E-16.
2.2 "Employer" shall mean the City of Tukwila, Washington
2.3 "Employee" shall mean all employees as set forth in Section 2.1 above and included in
the bargaining unit.
2.4 "Union" shall mean Fraternal Order of Police, Green River Lodge #27, Tukwila Labor
Committee .
2.5 "Police Chief" shall mean the Police Chief or Police Chief's designee.
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ARTICLE 3
DUES DEDUCTION
The following procedure shall be followed in the deduction of dues and initiation fees for
members of the bargaining unit.
Upon receipt of written authorization individually signed by a bargaining unit member, the City
shall deduct from the pay of such member, the amount of dues as certified by an officer of the
signatory organization and transmit the amount to the Association in a timely manner. The
Association agrees to indemnify and hold the Employer harmless against any and all claims,
suits, orders or judgments brought or issued against the Employer as a result of any action taken
or not taken by the Employer under the provisions of this Article, unless caused by the negligence
of the Employer.
ARTICLE 4
HOURS OF WORK AND OVERTIME EXEMPTION
Police Commanders shall generally work forty (40) hours per week schedules. Furthermore, the
management nature of their position qualifies as an Executive Exemption under the Fair Labor
Standards Act and Washington State Minimum Wage Act, and thus Police Commanders are
salaried employees who are not paid overtime.
Flexible work schedules will be utilized as may be acceptable to the Police Chief, after
considering the coverage needed from the commander classification and commander duty
responsibilities.
In lieu of overtime pay, informal release time may be authorized in recognition of the time
demands of the positions, as mutually agreed by the bargaining unit member and the Police
Chief.
ARTICLE 5
MANAGEMENT BENEFITS
Unless otherwise agreed, the provisions set forth in City of Tukwila Resolution no. 1700, dated
11/09/09, shall continue to apply to police commanders as outlined in the following provisions of
the City Resolution:
1. Holidays — Employees shall receive the following holidays in accordance with existing
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City policy.
Holidays listed.
January 1
Third Monday in January
Third Monday in February
Last Monday in May
Fourth of July
First Monday in September
November 11
Fourth Thursday in November
Fourth Friday in November
December 25
Floating Holiday
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas
Employees choice
In the event a holiday fall 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.
The Floating Holiday must be taken during the calendar year of entitlement or the day
shall be forfeited.
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 720 hours (the
equivalent of 720 hours (e.g. 90 8-hour days). Accumulated sick leave shall be paid at
the rate of eight (8) hours per day at the employee's regular straight time -hourly rate of pay from
and including the employee's first (1st) working day absent.
Sick leave benefits shall apply to bona fide cases of employees sickness, accident, doctor,
dental or ocular appointments, maternity leave, or the illness or injury of a spouse or
other dependent family member with a health condition that requires treatment or
supervision, and requests for employee's presence by immediate family, doctor or clergy
due to immediate family illness, or emergency.
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.
Sick Leave Pay Out Upon Separation of Employment
Upon an employee's separation of employment from the City, the City will contribute
twenty-five percent (25%) of the amount payable for any unused sick leave into the
employee's individual HRA/VEBA account. If required and applicable, the City shall exclude
the contribution to the HRA/VEBA, the sum of unused sick leave accruals used by the
Department ofRetirement Systems in calculating the employee's average final
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compensation.
Domestic Partner Benefits
The City of Tukwila Self -Insured healthcare plan extends dependent eligibility to
employee's domestic partners and their children. The City will provide benefit coverage to a
domestic partner of the same or opposite sex and dependent children on the same basis as
provided to a spouse and dependent children.
Eligibility for domestic partnership status will be established by presentation of proof of a
registered domestic partnership of the State of Washington or the submission of an
affidavit and documentation as required by the City's Personnel Policies.
Funeral Leave
An employee who has a member of his/her immediate family taken by death or who
has been notified by a physician in attendance of imminent death may request to use
up to fifty-six (56) hours of leave of absence with pay. Immediate family shall be
defined as: spouse, registered domestic partner, mother, father, mother-in-law, father-
in-law, children (including registered domestic partner's children in compliance with
City Policy & Procedure #01-02-14), brother, brother-in-law, sister, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, grandparents, and grandchildren and
any person acting in the capacity of a parent to the employee as a child (applying "in
loco parentis" doctrine).
3. Medical Insurance
The Employer shall pay the full premium cost for medical coverage (for employees
and their eligible dependents) under the Self -Insured Medical Plan up to a maximum
increase of eight percent (8%) each year. Any increase above 8% will be paid by the
employee through payroll deduction; provided bargaining unit members shall not
pay premium costs that exceed that which is paid by members of the Tukwila Police
Officers' Guild during the term of this Agreement.
In the event the monthly premiums increase more than eight percent (8%) in 2017 or
2018, the Employer or the Union have the right to reopen the Agreement to
negotiate changes in the Self -Insured Medical Plan benefit level so that the increase
in medical premium costs does not exceed eight percent (8%).
In August of each year the Tukwila Health Care Committee will meet to review the
actual costs of the Plan from September Pt of the previous year through August 31st
of the current year. The actual costs together with any projected increase to the
Tukwila Self -Insured Medical Plan shall be used by the City to determine the
premium costs for the following year.
For employees who elect medical coverage through Kaiser-Permanente, the
Employer shall pay up to the maximum dollar amount contribution to the Self -
Insured Plan for employee and dependent coverage. Any premium amounts in
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excess of the Employer's contribution shall be paid by the individual employee
through payroll deduction. Coverage under the Kaiser-Permanente Plan shall be
determined by Kaiser-Peiiiianente.
Effective January 1, 2018, the Union accepts the following changes in plan design:
The changes are: Increase co -pays for Specialist to $40 (from $25). Complex
imaging to $100 (from $0), and Urgent Care to $50 (from $25) and Change to the
Envision Select Formulary.
4. Life Insurance
The City shall pay the premium to purchase life and accidental death and dismemberment
insurance at one hundred percent (100%) of annual earnings rounded up to the next
higher multiple of one thousand (1,000).
5. Vision/Optical
The City shall provide coverage for eye examinations and optical care for each full-time
employee and his or her eligible dependents at the rate of $200 per person, to a maximum
of $400 per family each calendar year.
6. Disability Insurance
The City shall provide one hundred percent (100%) of the premium for each full-time
employee for a comprehensive long-term disability policy.
7. Health Reimbursement/VEBA Benefits
Full-time employees shall be required to participate in the City of Tukwila HRANEBA
plan. Eligible employees shall become effective in the plan, the first of the month
following their date of hire with the City. The flat dollar contribution amount as
approved by 51% majority vote shall be as follows upon the signing of this labor
agreement between the parties:
Plan Year 1 — effective date is upon the signing of this agreement — one year later = $400
per month ($200 per pay period)
Plan Year 2 — effective date based upon plan year one = $400 per month ($200 per pay
period)
Plan Year 3 — effective date based upon plan year two = $400 per month ($200 per pay
period).
Future changes to monthly contribution amounts or plan design changes will be made
when a successor labor agreement has been negotiated between the parties.
8. Vacations
Full-time employees following the sixth (6) month of continuous employment shall be
granted annual vacation leave of six (6) full days (each day is calculated at eight hours
regardless of schedule worked) . Thereafter, the employee will accrue an additional day
of annual leave each month, up to a total of 12 days (i.e. 96 hours). The maximum
number of accrued hours is 384 or 48 days.
Vacation Schedule:
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Years of Service
Vacation Accrual
Years of Service
Vacation Accrual
0-1 years
12 days (96 hours)
10 years
19 days (152 hours)
1-2 years
12 days (96 hours)
11 years
20 days (160 hours)
3-6 years
15 days (120 hours)
12 years
21 days (168 hours)
7 years
16 days (128 hours)
13 years
22 days (176 hours)
8 years
17 days (136 hours)
14 years
23 days (184 hours)
9 years
18 days (144 hours)
15 years +
24 days (192 hours
maximum)
9. Ordinance, Policies and Procedures
Except as otherwise provided by the terms of this Agreement, the City will maintain the status
quo under City Ordinances, Policies and Procedures in regard to other mandatory subjects of
bargaining including benefits applicable to police commanders. This includes, but is not limited
to, other issues such as: personnel files, tuition reimbursement, internal affairs matters, leaves
of absence, military leave, and department work rules and supplemental agreements that the
parties may make during the term of the contract.
10. Vehicle Assignment
Police Commanders are currently assigned vehicles by the City for the City's benefit that they are
expected to take home and drive to work. The assignment of a take home vehicle is for the
purpose of responding to emergency operations and to attend required evening or weekend city
meetings. Police Commanders are expected to follow all city and department rules regarding
the use and maintenance of city vehicles. The City retains the right to reduce the number of
take home vehicles assigned to members of the bargaining unit; provided that the Union retains
the right to propose alternatives as well as bargain the economic effects of doing so as may be
required by RCW 41.56.
ARTICLE 6
UNIFORMS AND CLOTHING
Uniform/Clothing/Dry Cleaning/Footwear Allowance - An annual allowance shall be provided
each employee in the amount of $600.00 for cleaning of City issued Uniforms, and the
replacement of footwear. The City will continue to provide and replace required uniforms and
equipment on a fair wear and tear basis.
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ARTICLE 7
SALARIES
7.1 Effective upon the date of the arbitration award, November 8, 2018, the 2016 salary
schedule shall be adjusted by 2.6% across-the-board.
$10,625
$11,193
$11.667
Step 1
Step 2
Step 3
7.2 Effective upon the date of the arbitration award, November 8, 2018, the 2017 salary schedule
shall be adjusted by 3.0% across -the-board.
$10,944
$11,528
$12,017
Step 1
Step 2
Step 3
Note: Longevity Pay remains folded into the above salary schedule
Effective upon the date the last party signs the Agreement, the City agrees to an annual stipend of $1500 per
employee as an education incentive allowance, payable in the form of tuition reimbursement, not to exceed
$6000 per year for the bargaining unit as a whole. An individual employee can assign his/her $1500 to
another bargaining unit member.
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ARTICLE 8
GRIEVANCE PROCEDURE
8.1 Definition. A "grievance" means a claim or dispute by an employee (or the FOP on behalf
of an employee or employees or on its own behalf with regard to matters effecting the Guild
as an entity) with respect to the interpretation or application of the provisions of this
Agreement.
8.2 Procedure:
A. Step 1:
An employee or FOP must present a grievance in sufficient detail as to identify
the claim or dispute within fourteen (14) calendar days of its alleged occurrence
(or knowledge of the event giving rise to the grievance) to the employee's
supervisor who shall attempt to resolve it within fourteen (14) calendar days after
it is presented to the supervisor.
B. Step 2:
If either the employee or FOP is not satisfied with the solution by the supervisor,
the grievance, in writing, stating the section of the agreement violated, the facts of
the case as seen by the grieving party, and the remedy sought, may be presented
within fourteen (14) calendar days after receipt of the supervisor's answer in step 1
to the Chief of Police (with a copy to the Human Resources Director) who shall
attempt to resolve the grievance within fourteen (14) calendar days of its
presentation.
C. Step 3:
If the employee or FOP is not satisfied with the solution by the Chief of Police, the
grievance, in writing, together with all other pertinent materials may be presented
to the Mayor or his/her designee by a FOP representative within (14) calendar days
after receipt of the Chiefs answer in Step 2. The Mayor or his/her designee shall
attempt to resolve the grievance within fourteen (14) calendar days after it has been
presented to the Mayor.
D. Step 4:
Except as otherwise provided in this Article, if the grievance is not resolved in
Step 3 the grievance may, within thirty (30) calendar days, be referred to
arbitration by the FOP . The City and the FOP shall try to agree upon a mutually
acceptable arbitrator. If the parties fail to agree, they shall strike from a list of
seven (7) arbitrators from the Federal Mediation and Conciliation Service, with all
arbitrators being members of the National Academy of
Arbitrators. The parties shall alternatively strike from the list until only one name
remains.
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It shall be the function of the Arbitrator to hold a hearing at which the parties may
submit their cases concerning the grievance. The Arbitrator shall decide the case
based on the interpretation and application of the provisions of the agreement
within thirty (30) days after such hearing. The decision shall be in writing
together with specific facts and rationale for deciding in favor of either party. The
decision shall be final and binding upon the parties to the grievance provided the
decision does not involve action by the City, which is beyond its jurisdiction.
Each party hereto will pay the expenses of their own representatives (e.g.
attorney's fees) and the expenses of the arbitrator will be borne equally by the
parties hereto.
Neither the arbitrator nor any other person or persons involved in the grievance
procedure shall have the power to negotiate new agreements or to change any of
the present provisions of this agreement.
The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or
subtract from the provisions of this Agreement. The Arbitrator shall consider and
decide only the question of fact as to whether there has been a violation,
misinterpretation or misapplication of the provisions of this Agreement. The
Arbitrator shall have no authority to make a decision on any issue not so
submitted or raised. The City, Union and any bargaining unit member shall not
have a right to bypass the arbitration provisions of this Agreement and resort to
litigation or any other forum to appeal a grievance based on rights under this
Agreement.
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.
8.3 Timeliness. It is the intent of this grievance procedure that the parties will process
grievances within the timeframes set forth herein. In the event the grievance is not
processed in the timeframes stated, then the matter shall be considered resolved. If the
City fails to comply with the timeframes herein, then the grievance will automatically
advance to the next step. The timeframes may be extended by mutual written agreement
of the parties.
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ARTICLE 9
MANAGEMENT RIGHTS
All powers, authorities, functions and rights not specifically and expressly restricted by this
Agreement are retained by the City and shall continue to be subject to exclusive management
control.
Management rights shall include, by way of illustration, the right to:
❖ Establish and modify reasonable rules and regulations for the operation of the Police
Department and the conduct and performance of its employees.
❖ Determine and change Police Department budget, methods of operation, facilities and
equipment.
❖ Recruit, hire, layoff, promote, assign, appoint, discipline, discharge, or suspend
employees in accordance with City of Tukwila Civil Service Rules and Regulations.
❖ Determine work schedules, number of personnel and the methods and processes by which
work is to be performed.
❖ Determine mental, physical and performance standards.
❖ Assign work and determine the duties to be performed by Police Commanders including
what work will be assigned to Police Commanders and what work will be assigned to
other personnel.
❖ Determine the need for additional education courses, training programs, on-the-job
training, or class training, assign employees to such duties for periods to be determined
by the Employer.
❖ To take whatever temporary actions are necessary in emergencies in order to assure the
proper functioning of the Department.
The Union agrees that its members shall comply in full with Police Department rules,
regulations, policies and procedures including those relating to conduct and work
performance.
ARTICLE 10
CIVIL SERVICE
City of Tukwila Civil Service Rules and Regulations shall continue to apply to Commanders.
Application of Civil Service Rules and Regulations by the Civil Service Commission shall not be
subject to the Grievance Procedure.
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ARTICLE 11
NON-DISCRIMINATION
It is the continuing policy and recognized obligation of the City and the Union that the provisions
of this Agreement shall be applied uniformly as required by federal and state employment laws
that prohibit unlawful discrimination based upon race, color, religion, creed, national origin,
handicap, sexual orientation, marital status, gender, or age, except where gender or age is a bona
fide occupational qualification or any other class protected by law.
Disputes regarding this Article may be handled through either the grievance procedure or the
applicable regulatory agency, but not both.
All provisions of this Agreement shall apply equitably to all male and female employees.
ARTICLE 12
INDEMNIFICATION
12.1 The Employer shall indemnify, defend and hold harmless any employee, and the
employee's marital community, named as a defendant in a lawsuit for alleged acts or omissions
of the employee made in good faith during the course and in the scope of the employee's
employment with the Employer; provided, that the Employer shall not be required to indemnify,
defend or hold harmless the employee for any dishonest, fraudulent or criminal act, intentional
misconduct or gross negligence of the employee, or for any suit brought against the employee by
or on behalf of the Employer. This protection shall apply only after written notice that the
employee has been named as a defendant in the lawsuit is given to the City Attorney by the
employee or the Guild. The Employer retains the right to select the counsel to provide legal
representation to the employee pursuant to this Article in the Employer's reasonable discretion.
12.2 The City or its Insurance carrier has the right to select the counsel to provide legal
representation. The City or its insurance carrier will ensure that the attorney selected has a high
level of experience in representing law enforcement officers in the use of force.
ARTICLE 13
ENTIRE AGREEMENT
13.1. The Agreement expressed herein in writing constitutes the entire Agreement between the
parties, and no oral statement shall add to or supersede any of its provisions.
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13.2. The parties acknowledge that each has had the unlimited right and opportunity to make
demands and proposals with respect to any matter deemed a proper subject for collective
bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore,
except as otherwise provided in this Agreement or by an agreement to modify the terms of this
Agreement, the Employer and the Union, for the duration of this Agreement, each voluntarily
and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any
subject or matter not specifically referred to or covered in this Agreement.
ARTICLE 14 - NO STRIKE AND NO LOCKOUT
14.1. No Strike. During the life of this Agreement, neither the Union nor any officer, agent,
or employee will instigate, promote, sponsor, engage in, or condone any strike (including
sympathy strike), slowdown, concerted stoppage of work, or "sick-outs."
14.2. No Lockout. During the term of this Agreement, the City will not instigate a lockout
over a dispute with the Union so long as there is no breach of Section 1.
14.3. Union Official Responsibility. Each employee who holds the position of officer or
steward or committeeman of the local Union occupies a position of special trust and
responsibility in maintaining and bringing about compliance with the provisions of this Article.
In the event of a violation of Section 1 of this Article, the Union agrees to inform its members of
their obligations under this Agreement, and to direct them to return to work.
ARTICLE 15 - SAVINGS CLAUSE
15.1. If any article of this Agreement or any addenda hereto should be held invalid by
operation of law or by any tribunal of competent jurisdiction, or if compliance with or
enforcement of any article should be restrained by such tribunal, the reminder of this Agreement
and addenda shall not be affected thereby and the parties shall enter immediate collective
bargaining negotiations for the purpose of arriving at a mutual satisfactory replacement of such
article.
15.2. If any provisions of this Agreement are found by a court of competent jurisdiction to be
in conflict with current Civil Service Rules and regulations, the letter shall prevail except in
Union security provisions, in which case, the provisions of Article 20 shall prevail. The
Employer agrees that in the event that any provision of Civil Service Rules and Regulations are
suspended, abolished or modified, collective bargaining shall proceed immediately with respect
to any items what as a result of such change may come within the discretion of the Employer,
and the results of such bargaining shall be made a part of this Agreement.
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ARTICLE 16
DURATION OF AGREEMENT
Unless otherwise provided herein, this Agreement shall become effective on the date the contract
is signed by the last party signing the Agreement. It shall remain in force until December 31,
2018.
City of Tukwila Fraternal Order of Police
Allan Ekberg
Mayor
Date Date
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