HomeMy WebLinkAbout19-090 - Fraternal Order of Police Tukwila Commanders - 2019-2021 Labor Agreement (Police Commanders)Reference #19-090
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CITY OF TUKWLA WASHINGTON
And
TUKWILA POLICE COMMANDERS ASSOCIATION (TPCA)
IIGEMNWI�*
THIS MEMORANDUM OF UNDERSTANDING is by and between the CITY OF TUKWILA,
WASHINGTON (hereinafter referred to as the "Employer") and the TUKWILA POLICE
COMMANDERS ASSOCIATION, (hereinafter referred to as the "Union").
For the purposes of this MOU, it is agreed that members of the Tukwila Police Commanders Association
(TPCA) are exempt employees under the FLSA and are not eligible for overtime due to additional hours
worked as part of their regular or ancillary duties as commanders for the Tukwila Police Department.
and responsibilities (ex. SWAT search warrants, CDU callouts, VIT callouts, etc.), and CDO calls or
callouts.
It is the intent of this MOU to continue to abide by the past practice of TPCA employees not signing up
for off -duty jobs that are managed by the Tukwila Police Officers Guild (TPOG) until those positions have
been posted for 5 calendar days, unless the job is classified as "short notice" or "emergency" and TPOG
or the Tukwila Police Sergeants Association (TPSA) are unable to fill the job. This MOU is not intended
to change or increase the agreed upon off -duty pay rate for off -duty jobs managed by TPOG, it is solely
intended to provide additional compensation for overtime shifts that are paid at an overtime rate to
TPOG or TPSA members, should they work that shift (ex. overtime for traffic control, overtime for
disaster response and mitigation, and any overtime for other third-partyjobs paid on a city of Tukwila
paycheck).
TPCA members will continue to abide by and be bound by the TPOG off -duty rules and penalties
proscribed for missing an off -duty shift unless they are called to duty as part of their regular or ancillary
duties as Tukwila Police Commanders. Prior to working or agreeing to work a job that incurs overtimei,
that overtime work shall be approved by the chief or deputy chief of police. The pay for additional
hours worked for a third party shall be 1.5 times the members regular rate of pay inclusive of longevity
pay and any additional premiums.
SIGNED THIS DATE:
TUKWILA POLICE COMMANDERS ASSOCIATION
er/Jon Harrison, Association President
19-090
Council Approval 5/20/19
TUKWILA POLICE COMMANDERS
LABOR AGREEMENT
between the
CITY OF TUKWILA
FRATERNAL ORDER OF POLICE
Green River Lodge #27
Tukwila Commanders
Labor Committee
Effective
January 1 St 2019 throu;;h December 31 St, 2021
ARTICLE
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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,
TITLE PAGE
Table of Contents
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Recognition and Bargaining Unit
3
Definitions
3
Dues Deduction
4
Hours of Work and Overtime Exemption
4
Management Benefits
5
Uniforms and Clothing
8
Salaries
9
Grievance Procedure
10
Management Rights
12
Civil Service
12
Non -Discrimination
13
Indemnification
13
Entire Agreement
13
No Strike and No Lockout
14
Savings Clause
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Duration of Agreement
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Pa
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 "Commander" shall mean all Commanders included in the bargaining unit as set
forth in Section 2.1 above.
2.4 "Union" or "FOP" shall mean the Fraternal Order of Police Green River Lodge #27
Tukwila Commanders Labor Committee.
2.5 "Police Chief' shall mean the Police Chief or Police Chiefs designee.
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 the Union of the
signatory organization and transmit the amount to the Union in a timely manner. The Union
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
4.1 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.
4.2 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.
4.3 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.
4.4 LONGEVITY PAY
Longevity pay shall be added to each Commander's base monthly pay as follows:
Commander shall receive three percent (3%) at the anniversary date of ten years (10) of
employment.
Commander shall receive five percent (5%) at the anniversary date of fifteen years (15) of
employment.
Commander shall receive seven percent (7%) at the anniversary date of twenty years
(20) of employment.
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Commander shall receive ten percent (10%) at the anniversary date of twenty-five years
(25) of employment.
ARTICLE 5
MANAGEMENT BENEFITS
Unless otherwise agreed, the provisions set forth in City of Tukwila Resolution no. 1700, dated
November 9, 2009, shall continue to apply to police Commanders as outlined in the following
provisions of the City Resolution:
1. Holidays - Commanders shall receive the following holidays in accordance withexisting city
policy:
Holidays listed.
January 1
Third Monday in January
Third Monday in February
Last Monday in May
Fourth of July
First Monday inSeptember
November 11
Fourth Thursday in November
Fourth Friday in November
December 25
(2) Two Floating Holidays
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
Commander's choice
In the event a holiday falls upon a Sunday, the following Monday shall be deemed to
be the legal holiday. In the event the legal holiday falls on a Saturday, the preceding
Friday shall be deemed to be the legal holiday.
The Floating Holidays must be taken during the calendar year of entitlement or the days
shall be forfeited.
2. Sick Leave - A Commander shall accumulate sick leave pay at the rate of eight (8) hours for
each completed calendar month of service, with an annual carryover of up to 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
Commander's regular straight time -hourly rate of pay from and including the Commander's
first(s)working day absent.
Sick leave benefits shall apply to bona fide cases of Commander's 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 Commander's presence by immediate family,
doctor or clergy due to immediate family illness, or emergency.
Commanders who exceed seven hundred and twenty (720) hours of accumulated sick leave
will receive into their individual HRA VEBA account twenty-five percent (25%) of the
value of the accrued, unused sick leave hours that they have earned in excess of seven
hundred and twenty (720).
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Sick Leave Pav Out U on Se , aration of Emt)lovment
w
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 of Retirement Systems in calculating the employee's average final
compensation.
Domestic Partner Benefits
The City of Tukwila Self -Insured healthcare plan extends dependent eligibility to Commander's
spouses, domestic partners and their children. The City provides 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
A Commander 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 401-02-14), 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 Commander as a child (applying "in loco
parentis" doctrine).
3. Medical Insurance
The Employer shall pay the full premium cost for medical coverage under the Self -
Insured Medical Plan for Commanders and their eligible dependents, up to a
maximum increase of eight percent (8%) each year. Any increase in premium costs
above 8% will be paid by the Commanders through payroll deduction; provided
bargaining unit members shall not pay premium costs that exceed those paid by
members of the Tukwila Police Officers' Guild during the term of this Agreement.
In the event the monthly premium costs increase more than eight percent (8%)
throughout the duration of this agreement, the Employer or the Union have the right
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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 Self -Insured Medical Plan from September 1st of the previous
year through August 31" 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 Commanders who elect medical coverage through Kaiser-Permanente, the
Employer shall pay up to the maximum dollar amount contribution to the Self -
Insured Plan for Commander and dependent coverage. Any premium amounts
in excess of the Employer's contribution shall be paid by the individual
Commander through payroll deduction. Coverage under the Kaiser-
Permanente Plan shall be determined by Kaiser-Permanente.
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 for a Commander to purchase life and accidental death and
dismemberment insurance at one hundred percent (100%) of the amount of the
Commander's annual earnings, rounded up to the next higher multiple of one thousand
dollars ($1,000).
5. Vision/Optical
The City shall provide coverage for eye examinations and vision hardware and contacts
for each full-time Commander and his or her eligible dependents at the rate of $250 per
person, to a maximum of $500 per family each calendar year.
6. Disability Insurance
The City shall provide one hundred percent (100%) of the premium for each full-time
Commander for a comprehensive long-term disability policy
7. Health Reimbursement/VEBA Benefits
Full-time Commanders shall be required to participate in the City of Tukwila
HRA/VEBA plan. Eligible Commanders shall join the HRA/VEBA plan effective the
first of the month following their date of hire with the City. The flat dollar
contribution amounts to be paid into the HRA/VEBA plan by each individual
Commander shall be as follows:
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 hasbeen negotiated between the parties.
8. Vacations
Following the sixth (6) month of continuous employment, full-time Commanders shall
be granted annual vacation leave in the amount of six (6) full days (each day is
calculated at eight hours regardless of schedule worked). Thereafter, the Commander
will accrue an additional day of annual leave each month, up to a total of 14 days (i.e.
112 hours) per year. The maximum number of accrued hours is 384 or 48 days.
Vacation Schedule:
Years of Service
Vacation Accrual
I" thru 4t' years
14 days (112 hours)
5" thru 9" years
18 days (144 hours)
10 thru 14" years
15t' plus years
22 days (176 hours)
24 days (192 hours)
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 mandatory subjects of
bargaining, including benefits applicable to police commanders. This includes, but is not
limited to, 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 wm*assigned vehicles bythe City forthe City's benefitand Commanders
are expected to take home and drive to work such vehicles. 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 ofcity 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/Clothin /Dry Cleaning/Footwear Allowance - An annual allowance shall be provided
each Commander 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.
ARTICLE 7
SALARIES
7.1 Effective January 1, 2019, the wages of each Commander will be:
110,944 $11,528 $12017
Step 1 Step 2 Step 3
7.2 Effective January 1, 2020, all bargaining unit members shall have their base wage increased by 100% of
the Seattle -Tacoma -Bellevue CPI-W June to June, 2018-2019.
7.3 Effective January 1, 2021, all bargaining unit members shall have their base wage increased by 100% of
the Seattle -Tacoma -Bellevue CPI-W June to June, 2019-2020.
Effective upon the date the last party signs the Agreement, the City agrees to an annual stipend of $1500 per
Commander 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 Commander can assign his/her $1500 to
another bargaining unit member.
ARTICLE 8
GRIEVANCE PROCEDURE
8.1 Definition. A "grievance" means a claim or dispute by a Commander (or the FOP on behalf
of an Commander or Commanders or on its own behalf with regard to matters effecting the
Union as an entity) with respect to the interpretation or application of the provisions of this
Agreement.
8.2 Procedure:
A. Step 1:
A Commander or FOP representative must present to his supervisor 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). The Commander's supervisor shall attempt to resolve it within
fourteen (14) calendar days after it is presented to the supervisor.
B. Step 2:
If either the Commander or FOP is not satisfied with the solution by the
supervisor, a written grievance stating the section of this Agreement violated, the
facts of the case as seen by the grieving party, and the remedy sought. Such
written grievance must be presented to the Chief of Police (with a copy to the
Administrative Services Director) within fourteen (14) calendar days after receipt
of the supervisor's answer in step 1. The Chief of Police shall attempt to resolve
the grievance within fourteen (14) calendar days of its presentation to the Chief of
Police.
C. Step 3:
If the Commander or FOP is not satisfied with the solution by the Chief of Police,
the written grievance, 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 Chief s 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 at
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 a Commander 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, but are not limited to the right to:
❖ Establish and modify reasonable rules and regulations for the operation of the Police
Department and the conduct and performance of its Commanders.
❖ Determine and change Police Department budget, methods of operation, facilities and
equipment.
❖ Recruit, hire, layoff, promote, assign, appoint, discipline, discharge, or suspend
Commanders 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 Commanders 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.
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, Including the City's Civil Service Commission, but not both.
All provisions of this Agreement shall apply equitably to all male and female Commanders.
ARTICLEI2
INDEMNIFICATION
12.1 The Employer shall indemnify, defend and hold harmless any Commander, and the
Commander's marital community, named as defendant in a lawsuit for alleged acts or
omissions ofthe Commander made in good faith duringthe course and in the scope ofthe
Commander's employment with the Employer; provided, that the Employer shall not be required
to indemnify, defend or hold harmless the Commander for any dishonest, fraudulent or criminal
act,intentional misconduct or gross negligence ofthe Commander, orfor any suit brought
against the Commander by or on behalf of the Employer. This protection shall apply only
after written notice that the Commander has been named as a defendant in the lawsuit is
given to the City Attorney by the Commander or the Guild. The Employer retains the right to
select the counsel to provide legal representation tothe Commander 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 itsprovisions.
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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 thisAgreement.
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 Commander will instigate, promote, sponsor, engage in, or condone any strike (including
sympathy strike), slowdown, concerted stoppage ofwork, 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 isno breach of Section 1.
14.3. Union Official Res onsibility. Each Commander 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 thisAgreement.
a
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, 2021.
CITY OF TUKWILA
1� vG
Allan Ekberg,
Mayo°-
Date:
Attest:
Christy O'Flaherty, City Clerk
TUKWILA POLICE COMMANDERS ASSOCIATION
so
Harrison„ President Tukwila Police
i,manders Association